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Rep. Robyn Gabel
Filed: 5/23/2025
 
 
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| 1 |  | AMENDMENT TO SENATE BILL 1950
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| 2 |  |     AMENDMENT NO. ______. Amend Senate Bill 1950 by replacing  | 
| 3 |  | everything after the enacting clause with the following:
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| 4 |  |     "Section 1. Short title; references to Act.  | 
| 5 |  |     (a) Short Title. This Act may be cited as the End-of-Life  | 
| 6 |  | Options for Terminally Ill Patients Act. | 
| 7 |  |     (b) References to Act. This Act may be referred to as Deb's  | 
| 8 |  | Law.
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| 9 |  |     Section 5. Findings and intent.  | 
| 10 |  |     (a) The General Assembly finds that:  | 
| 11 |  |         (1) Medical aid in dying is part of general medical  | 
| 12 |  |  care and complements other end-of-life options, such as  | 
| 13 |  |  comfort care, pain control, palliative care, and hospice  | 
| 14 |  |  care, for individuals to have an end-of-life experience  | 
| 15 |  |  aligned with their beliefs and values.  | 
| 16 |  |         (2) The availability of medical aid in dying provides  | 
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| 1 |  |  an additional end-of-life care option for terminally ill  | 
| 2 |  |  individuals who seek to retain their autonomy and some  | 
| 3 |  |  level of control over the progression of the disease as  | 
| 4 |  |  they near the end of life or to ease unnecessary pain and  | 
| 5 |  |  suffering.  | 
| 6 |  |         (3) Illinoisans facing a terminal diagnosis have been  | 
| 7 |  |  at the forefront of statewide efforts to provide the full  | 
| 8 |  |  range of end-of-life care options available in 10 states  | 
| 9 |  |  and the District of Columbia, to qualified mentally  | 
| 10 |  |  capable terminal adults residing in Illinois through the  | 
| 11 |  |  addition of medical aid-in-dying care as an end-of-life  | 
| 12 |  |  option in their home state. Advocates include:  | 
| 13 |  |             (A) Deb Robertson, a lifelong Illinois resident  | 
| 14 |  |  who has been living with a rare form of her terminal  | 
| 15 |  |  illness, who wants to live but knows that she is going  | 
| 16 |  |  to die, and who has been actively engaged in advocacy  | 
| 17 |  |  to change Illinois law because she doesn't want to  | 
| 18 |  |  move to another state in order to access the  | 
| 19 |  |  end-of-life medical care that would bring her comfort  | 
| 20 |  |  and reduce her fear related to the pain of dying.  | 
| 21 |  |             (B) Andrew Flack, who could not move back to  | 
| 22 |  |  Illinois to be with his family after his terminal  | 
| 23 |  |  diagnosis and instead had to live hundreds of miles  | 
| 24 |  |  away from his family, in a state that offered medical  | 
| 25 |  |  aid-in-dying care, in order to have a painless death  | 
| 26 |  |  surrounded by his loved ones.  | 
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| 1 |  |             (C) Miguel Carrasquillo, who despite enduring  | 
| 2 |  |  excruciatingly painful treatments to cure his cancer,  | 
| 3 |  |  which spread to his liver, stomach, testicles, and  | 
| 4 |  |  other organs, continued to advocate for a change in  | 
| 5 |  |  the law until his death, so other Illinoisans with a  | 
| 6 |  |  terminal diagnosis would not be forced to suffer at  | 
| 7 |  |  the end of their lives and die in pain as he did but  | 
| 8 |  |  would instead have the option of medical aid-in-dying  | 
| 9 |  |  care.  | 
| 10 |  |         (4) Illinoisans throughout the State, across  | 
| 11 |  |  demographics, including religion, political affiliation,  | 
| 12 |  |  race, gender, disability, and age, also support the  | 
| 13 |  |  inclusion of medical aid-in-dying care in the options  | 
| 14 |  |  available for end-of-life care. Supporters and advocates  | 
| 15 |  |  recognize that mentally capable adult individuals have a  | 
| 16 |  |  fundamental right to determine their own medical treatment  | 
| 17 |  |  options in accordance with their own values, beliefs, or  | 
| 18 |  |  personal preferences, and having the option of medical aid  | 
| 19 |  |  in dying is an expression of this fundamental right. This  | 
| 20 |  |  includes advocates, like Lowell Sachnoff, who, alongside  | 
| 21 |  |  his wife Fay Clayton, was a tireless advocate for the  | 
| 22 |  |  expansion of end-of-life options for terminally ill adults  | 
| 23 |  |  over the course of a decade, up to and including the day he  | 
| 24 |  |  died.  | 
| 25 |  |     (b) It is the intent of the General Assembly to uphold both  | 
| 26 |  | the highest standard of medical care and the full range of  | 
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| 1 |  | options for each individual, particularly at the end of life.
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| 2 |  |     Section 10. Definitions. As used in this Act: | 
| 3 |  |     "Adult" means an individual 18 years of age or older. | 
| 4 |  |     "Advanced practice registered nurse" means an advanced  | 
| 5 |  | practice registered nurse licensed under the Nurse Practice  | 
| 6 |  | Act who is certified as a psychiatric mental health  | 
| 7 |  | practitioner. | 
| 8 |  |     "Aid in dying" means an end-of-life care option that  | 
| 9 |  | allows a qualified patient to obtain a prescription for  | 
| 10 |  | medication pursuant to this Act. | 
| 11 |  |     "Attending physician" means the physician who has primary  | 
| 12 |  | responsibility for the care of the patient and treatment of  | 
| 13 |  | the patient's terminal disease. | 
| 14 |  |     "Clinical psychologist" means a psychologist licensed  | 
| 15 |  | under the Clinical Psychologist Licensing Act. | 
| 16 |  |     "Clinical social worker" means a person licensed under the  | 
| 17 |  | Clinical Social Work and Social Work Practice Act. | 
| 18 |  |     "Coercion or undue influence" means the willful attempt,  | 
| 19 |  | whether by deception, intimidation, or any other means to: | 
| 20 |  |         (1) cause a patient to request, obtain, or  | 
| 21 |  |  self-administer medication pursuant to this Act with  | 
| 22 |  |  intent to cause the death of the patient; or | 
| 23 |  |         (2) prevent a qualified patient, in a manner that  | 
| 24 |  |  conflicts with the Health Care Right of Conscience Act,  | 
| 25 |  |  from obtaining or self-administering medication pursuant  | 
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| 1 |  |  to this Act. | 
| 2 |  |     "Consulting physician" means a physician who is qualified  | 
| 3 |  | by specialty or experience to make a professional diagnosis  | 
| 4 |  | and prognosis regarding the patient's disease. | 
| 5 |  |     "Department" means the Department of Public Health. | 
| 6 |  |     "Health care entity" means a hospital or hospital  | 
| 7 |  | affiliate, nursing home, hospice or any other facility  | 
| 8 |  | licensed under any of the following Acts: the Ambulatory  | 
| 9 |  | Surgical Treatment Center Act; the Home Health, Home Services,  | 
| 10 |  | and Home Nursing Agency Licensing Act; the Hospice Program  | 
| 11 |  | Licensing Act; the Hospital Licensing Act; the Nursing Home  | 
| 12 |  | Care Act; or the University of Illinois Hospital Act. "Health  | 
| 13 |  | care entity" does not include a physician. | 
| 14 |  |     "Health care professional" means a physician, pharmacist,  | 
| 15 |  | or licensed mental health professional. | 
| 16 |  |     "Informed decision" means a decision by a patient with  | 
| 17 |  | mental capacity and a terminal disease to request and obtain a  | 
| 18 |  | prescription for medication pursuant to this Act, that the  | 
| 19 |  | qualified patient may self-administer to bring about a  | 
| 20 |  | peaceful death, after being fully informed by the attending  | 
| 21 |  | physician and consulting physician of:  | 
| 22 |  |         (1) the patient's diagnosis and prognosis; | 
| 23 |  |         (2) the potential risks and benefits associated with  | 
| 24 |  |  taking the medication to be prescribed; | 
| 25 |  |         (3) the probable result of taking the medication to be  | 
| 26 |  |  prescribed; | 
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| 1 |  |         (4) the feasible end-of-life care and treatment  | 
| 2 |  |  options for the patient's terminal disease, including, but  | 
| 3 |  |  not limited to, comfort care, palliative care, hospice  | 
| 4 |  |  care, and pain control, and the risks and benefits of  | 
| 5 |  |  each; | 
| 6 |  |         (5) the patient's right to withdraw a request pursuant  | 
| 7 |  |  this Act, or consent for any other treatment, at any time;  | 
| 8 |  |  and | 
| 9 |  |         (6) the patient's right to choose not to obtain the  | 
| 10 |  |  drug or to choose to obtain the drug but not to ingest it. | 
| 11 |  |     "Licensed mental health care professional" means a  | 
| 12 |  | psychiatrist, clinical psychologist, clinical social worker,  | 
| 13 |  | or advanced practice registered nurse. | 
| 14 |  |     "Mental capacity" means that, in the opinion of the  | 
| 15 |  | attending physician or the consulting physician or, if the  | 
| 16 |  | opinion of a licensed mental health care professional is  | 
| 17 |  | required under Section 45, the licensed mental health care  | 
| 18 |  | professional, the patient requesting medication pursuant to  | 
| 19 |  | this Act has the ability to make and communicate an informed  | 
| 20 |  | decision. | 
| 21 |  |     "Oral request" means an affirmative statement that  | 
| 22 |  | demonstrates a contemporaneous affirmatively stated desire by  | 
| 23 |  | the patient seeking aid in dying. | 
| 24 |  |     "Pharmacist" means an individual licensed to engage in the  | 
| 25 |  | practice of pharmacy under the Pharmacy Practice Act. | 
| 26 |  |     "Physician" means a person licensed to practice medicine  | 
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| 1 |  | in all of its branches under the Medical Practice Act of 1987. | 
| 2 |  |     "Psychiatrist" means a physician who has successfully  | 
| 3 |  | completed a residency program in psychiatry accredited by  | 
| 4 |  | either the Accreditation Council for Graduate Medical  | 
| 5 |  | Education or the American Osteopathic Association. | 
| 6 |  |     "Qualified patient" means an adult Illinois resident with  | 
| 7 |  | the mental capacity to make medical decisions who has  | 
| 8 |  | satisfied the requirements of this Act in order to obtain a  | 
| 9 |  | prescription for medication to bring about a peaceful death.  | 
| 10 |  | No person will be considered a "qualified patient" under this  | 
| 11 |  | Act solely because of advanced age, disability, or a mental  | 
| 12 |  | health condition, including depression. | 
| 13 |  |     "Self-administer" means an affirmative, conscious,  | 
| 14 |  | voluntary action, performed by a qualified patient, to ingest  | 
| 15 |  | medication prescribed pursuant to this Act to bring about the  | 
| 16 |  | patient's peaceful death. "Self-administer" does not include  | 
| 17 |  | administration by parenteral injection or infusion. | 
| 18 |  |     "Terminal disease" means an incurable and irreversible  | 
| 19 |  | disease that will, within reasonable medical judgment, result  | 
| 20 |  | in death within 6 months. The existence of a terminal disease,  | 
| 21 |  | as determined after in-person examination by the patient's  | 
| 22 |  | physician and concurrence by another physician, shall be  | 
| 23 |  | documented in writing in the patient's medical record. A  | 
| 24 |  | diagnosis of a major depressive disorder, as defined in the  | 
| 25 |  | current edition of the Diagnostic and Statistical Manual of  | 
| 26 |  | Mental Disorders, alone does not qualify as a terminal  | 
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| 1 |  | disease.
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| 2 |  |     Section 15. Informed consent. | 
| 3 |  |     (a) Nothing in this Act may be construed to limit the  | 
| 4 |  | amount of information provided to a patient to ensure the  | 
| 5 |  | patient can make a fully informed health care decision. | 
| 6 |  |     (b) An attending physician must provide sufficient  | 
| 7 |  | information to a patient regarding all appropriate end-of-life  | 
| 8 |  | care options, including comfort care, hospice care, palliative  | 
| 9 |  | care, and pain control, as well as the foreseeable risks and  | 
| 10 |  | benefits of each, so that the patient can make a voluntary and  | 
| 11 |  | affirmative decision regarding the patient's end-of-life care. | 
| 12 |  |     (c) If a patient makes a request for the patient's medical  | 
| 13 |  | records to be transmitted to an alternative physician, the  | 
| 14 |  | patient's medical records shall be transmitted without undue  | 
| 15 |  | delay.
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| 16 |  |     Section 20. Standard of care. Nothing contained in this  | 
| 17 |  | Act shall be interpreted to lower the applicable standard of  | 
| 18 |  | care for the health care professionals participating under  | 
| 19 |  | this Act.
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| 20 |  |     Section 25. Qualification. | 
| 21 |  |     (a) A qualified patient with a terminal disease may  | 
| 22 |  | request a prescription for medication under this Act in the  | 
| 23 |  | following manner: | 
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| 1 |  |         (1) The qualified patient may orally request a  | 
| 2 |  |  prescription for medication under this Act from the  | 
| 3 |  |  patient's attending physician. | 
| 4 |  |         (2) The oral request from the qualified patient shall  | 
| 5 |  |  be documented by the attending physician. | 
| 6 |  |         (3) The qualified patient shall provide a written  | 
| 7 |  |  request in accordance with this Act to the patient's  | 
| 8 |  |  attending physician after making the initial oral request. | 
| 9 |  |         (4) The qualified patient shall repeat the oral  | 
| 10 |  |  request to the patient's attending physician no less than  | 
| 11 |  |  5 days after making the initial oral request. | 
| 12 |  |     (b) The attending and consulting physicians of a qualified  | 
| 13 |  | patient shall have met all the requirements of Sections 35 and  | 
| 14 |  | 40. | 
| 15 |  |     (c) Notwithstanding subsection (a), if the individual's  | 
| 16 |  | attending physician has medically determined that the  | 
| 17 |  | individual will, within reasonable medical judgment, die  | 
| 18 |  | within 5 days after making the initial oral request under this  | 
| 19 |  | Section, the individual may satisfy the requirements of this  | 
| 20 |  | Section by providing a written request and reiterating the  | 
| 21 |  | oral request to the attending physician at any time after  | 
| 22 |  | making the initial oral request. | 
| 23 |  |     (d) At the time the patient makes the second oral request,  | 
| 24 |  | the attending physician shall offer the patient an opportunity  | 
| 25 |  | to rescind the request. | 
| 26 |  |     (e) Oral and written requests for aid in dying may be made  | 
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| 1 |  | only by the patient and shall not be made by the patient's  | 
| 2 |  | surrogate decision-maker, health care proxy, health care  | 
| 3 |  | agent, attorney-in-fact for health care, guardian, nor via  | 
| 4 |  | advance health care directive. | 
| 5 |  |     (f) If a requesting patient decides to transfer care to an  | 
| 6 |  | alternative physician, the records custodian shall, upon  | 
| 7 |  | written request, transmit, without undue delay, the patient's  | 
| 8 |  | medical records, including written documentation of the dates  | 
| 9 |  | of the patient's requests concerning aid in dying. | 
| 10 |  |     (g) A transfer of care or medical records does not toll or  | 
| 11 |  | restart any waiting period.
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| 12 |  |     Section 30. Form of written request. | 
| 13 |  |     (a) A written request for medication under this Act shall  | 
| 14 |  | be in substantially the form under subsection (e), signed and  | 
| 15 |  | dated by the requesting patient, and witnessed in the presence  | 
| 16 |  | of the patient by at least 2 witnesses who attest that to the  | 
| 17 |  | best of their knowledge and belief the patient has mental  | 
| 18 |  | capacity, is acting voluntarily, and is not being coerced or  | 
| 19 |  | unduly influenced to sign the request. | 
| 20 |  |     (b) One of the witnesses required under this Section must  | 
| 21 |  | be a person who is not:  | 
| 22 |  |         (1) a relative of the patient by blood, marriage,  | 
| 23 |  |  civil union, registered domestic partnership, or adoption; | 
| 24 |  |         (2) a person who, at the time the request is signed,  | 
| 25 |  |  would be entitled to any portion of the estate of the  | 
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| 1 |  |  qualified patient upon death, under any will or by  | 
| 2 |  |  operation of law; or | 
| 3 |  |         (3) an owner, operator, or employee of a health care  | 
| 4 |  |  entity where the qualified patient is receiving medical  | 
| 5 |  |  treatment or is a resident. | 
| 6 |  |     (c) The patient's attending physician at the time the  | 
| 7 |  | request is signed shall not be a witness. | 
| 8 |  |     (d) If a person uses an interpreter, the interpreter shall  | 
| 9 |  | not be a witness. | 
| 10 |  |     (e) The written request for medication under this Act  | 
| 11 |  | shall be substantially as follows:
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| 12 |  | "Request for Medication to End My Life in a Peaceful Manner
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| 13 |  |     I, ............... (NAME OF PATIENT), am an adult of sound  | 
| 14 |  | mind, and a resident of Illinois. I have been diagnosed with  | 
| 15 |  | ............... (NAME OF CONDITION) and given a terminal  | 
| 16 |  | disease prognosis of 6 months or less to live by my attending  | 
| 17 |  | physician. | 
| 18 |  |     I affirm that my terminal disease diagnosis was given or  | 
| 19 |  | confirmed during at least one in-person visit to a health care  | 
| 20 |  | professional. | 
| 21 |  |     I have been fully informed of the feasible alternatives  | 
| 22 |  | and concurrent or additional treatment opportunities for my  | 
| 23 |  | terminal disease, including, but not limited to, comfort care,  | 
| 24 |  | palliative care, hospice care, or pain control, as well as the  | 
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| 1 |  | potential risks and benefits of each. I have been offered,  | 
| 2 |  | have received, or have been offered and received resources or  | 
| 3 |  | referrals to pursue these alternatives and concurrent or  | 
| 4 |  | additional treatment opportunities for my terminal disease. | 
| 5 |  |     I have been fully informed of the nature of the medication  | 
| 6 |  | to be prescribed, including the risks and benefits, and I  | 
| 7 |  | understand that the likely outcome of self-administering the  | 
| 8 |  | medication is death. | 
| 9 |  |     I understand that I can rescind this request at any time,  | 
| 10 |  | that I am under no obligation to fill the prescription once  | 
| 11 |  | written, and that I have no duty to self-administer the  | 
| 12 |  | medication if I obtain it. | 
| 13 |  |     I request that my attending physician furnish a  | 
| 14 |  | prescription for medication that will end my life if I choose  | 
| 15 |  | to self-administer it, and I authorize my attending physician  | 
| 16 |  | to transmit the prescription to a pharmacist to dispense the  | 
| 17 |  | medication at a time of my choosing. | 
| 18 |  |     I make this request voluntarily, free from coercion or  | 
| 19 |  | undue influence. | 
| 20 |  | Dated: ................ | 
| 21 |  | Signed.............................................. | 
| 22 |  | (patient) | 
| 23 |  | Dated: ................ | 
| 24 |  | Signed........................................... | 
| 25 |  | (witness #1) | 
| 26 |  | Dated: ................ | 
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| 1 |  | Signed.......................................... | 
| 2 |  | (witness #2)"
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| 3 |  | (f) The interpreter attachment for a written request for  | 
| 4 |  | medication under this Act shall be substantially as follows:
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| 5 |  | "Request for Medication to End My Life in a Peaceful Manner | 
| 6 |  | Interpreter Attachment
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| 7 |  |     I, ............... (NAME OF INTERPRETER), am fluent in  | 
| 8 |  | English and ............... (LANGUAGE OF PATIENT, INCLUDING  | 
| 9 |  | SIGN LANGUAGE). | 
| 10 |  |     On ....... (DATE) at approximately ....... (TIME), I read  | 
| 11 |  | the "Request for Medication to End My Life in a Peaceful  | 
| 12 |  | Manner" form to ............... (NAME OF PATIENT) in  | 
| 13 |  | ............... (LANGUAGE OF PATIENT, INCLUDING SIGN  | 
| 14 |  | LANGUAGE). | 
| 15 |  |     ............... (NAME OF PATIENT) affirmed to me that they  | 
| 16 |  | understand the content of this form, that they desire to sign  | 
| 17 |  | this form under their own power and volition, and that they  | 
| 18 |  | requested to sign the form after consultations with an  | 
| 19 |  | attending physician. | 
| 20 |  |     Under penalty of perjury, I declare that I am fluent in  | 
| 21 |  | English and ............... (LANGUAGE OF PATIENT, INCLUDING  | 
| 22 |  | SIGN LANGUAGE) and that the contents of this form, to the best  | 
| 23 |  | of my knowledge, are true and correct. Executed at  | 
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| 1 |  | .................................. (NAME OF CITY, COUNTY, AND  | 
| 2 |  | STATE) on ....... (DATE). | 
| 3 |  | Interpreter's signature: .................................... | 
| 4 |  | Interpreter's printed name: ................................. | 
| 5 |  | Interpreter's address: ......................................".
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| 6 |  |     Section 35. Attending physician responsibilities.  | 
| 7 |  |     (a) Following the request of a patient for aid in dying,  | 
| 8 |  | the attending physician shall conduct an evaluation of the  | 
| 9 |  | patient and: | 
| 10 |  |         (1) determine whether the patient has a terminal  | 
| 11 |  |  disease or has been diagnosed as having a terminal  | 
| 12 |  |  disease; | 
| 13 |  |         (2) determine whether a patient has mental capacity; | 
| 14 |  |         (3) confirm that the patient's request does not arise  | 
| 15 |  |  from coercion or undue influence; | 
| 16 |  |         (4) inform the patient of: | 
| 17 |  |             (A) the diagnosis; | 
| 18 |  |             (B) the prognosis; | 
| 19 |  |             (C) the potential risks, benefits, and probable  | 
| 20 |  |  result of self-administering the prescribed medication  | 
| 21 |  |  to bring about a peaceful death; | 
| 22 |  |             (D) the potential benefits and risks of feasible  | 
| 23 |  |  alternatives, including, but not limited to,  | 
| 24 |  |  concurrent or additional treatment options for the  | 
| 25 |  |  patient's terminal disease, comfort care, palliative  | 
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| 1 |  |  care, hospice care, and pain control; and | 
| 2 |  |             (E) the patient's right to rescind the request for  | 
| 3 |  |  medication pursuant to this Act at any time; | 
| 4 |  |         (5) inform the patient that there is no obligation to  | 
| 5 |  |  fill the prescription nor an obligation to self-administer  | 
| 6 |  |  the medication, if it is obtained; | 
| 7 |  |         (6) provide the patient with a referral for comfort  | 
| 8 |  |  care, palliative care, hospice care, pain control, or  | 
| 9 |  |  other end-of-life treatment options as requested by the  | 
| 10 |  |  patient and as clinically indicated; | 
| 11 |  |         (7) refer the patient to a consulting physician for  | 
| 12 |  |  medical confirmation that the patient requesting  | 
| 13 |  |  medication pursuant to this Act: | 
| 14 |  |             (A) has a terminal disease with a prognosis of 6  | 
| 15 |  |  months or less to live; and  | 
| 16 |  |             (B) has mental capacity. | 
| 17 |  |         (8) include the consulting physician's written  | 
| 18 |  |  determination in the patient's medical record; | 
| 19 |  |         (9) refer the patient to a licensed mental health  | 
| 20 |  |  professional in accordance with Section 45 if the  | 
| 21 |  |  attending physician observes signs that the individual may  | 
| 22 |  |  not be capable of making an informed decision; | 
| 23 |  |         (10) include the licensed mental health professional's  | 
| 24 |  |  written determination in the patient's medical record, if  | 
| 25 |  |  such determination was requested; | 
| 26 |  |         (11) inform the patient of the benefits of notifying  | 
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| 1 |  |  the next of kin of the patient's decision to request  | 
| 2 |  |  medication pursuant to this Act; | 
| 3 |  |         (12) fulfill the medical record documentation  | 
| 4 |  |  requirements; | 
| 5 |  |         (13) ensure that all steps are carried out in  | 
| 6 |  |  accordance with this Act before providing a prescription  | 
| 7 |  |  to a qualified patient for medication pursuant to this Act  | 
| 8 |  |  including: | 
| 9 |  |             (A) confirming that the patient has made an  | 
| 10 |  |  informed decision to obtain a prescription for  | 
| 11 |  |  medication; | 
| 12 |  |             (B) offering the patient an opportunity to rescind  | 
| 13 |  |  the request for medication; and | 
| 14 |  |             (C) providing information to the patient on: | 
| 15 |  |                 (i) the recommended procedure for  | 
| 16 |  |  self-administering the medication to be  | 
| 17 |  |  prescribed; | 
| 18 |  |                 (ii) the safekeeping and proper disposal of  | 
| 19 |  |  unused medication in accordance with State and  | 
| 20 |  |  federal law;  | 
| 21 |  |                 (iii) the importance of having another person  | 
| 22 |  |  present when the patient self-administers the  | 
| 23 |  |  medication to be prescribed; and | 
| 24 |  |                 (iv) not taking the aid-in-dying medication in  | 
| 25 |  |  a public place; | 
| 26 |  |         (14) deliver, in accordance with State and federal  | 
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| 1 |  |  law, the prescription personally, by mail, or through an  | 
| 2 |  |  authorized electronic transmission to a licensed  | 
| 3 |  |  pharmacist who will dispense the medication, including any  | 
| 4 |  |  ancillary medications, to the qualified patient, or to a  | 
| 5 |  |  person expressly designated by the qualified patient in  | 
| 6 |  |  person or with a signature required on delivery, by mail  | 
| 7 |  |  service, or by messenger service; | 
| 8 |  |         (15) if authorized by the Drug Enforcement  | 
| 9 |  |  Administration, dispense the prescribed medication,  | 
| 10 |  |  including any ancillary medications, to the qualified  | 
| 11 |  |  patient or a person designated by the qualified patient;  | 
| 12 |  |  and | 
| 13 |  |         (16) include, in the qualified patient's medical  | 
| 14 |  |  record, the patient's diagnosis and prognosis,  | 
| 15 |  |  determination of mental capacity, the date of each oral  | 
| 16 |  |  request, a copy of the written request, a notation that  | 
| 17 |  |  the requirements under this Section have been completed,  | 
| 18 |  |  and an identification of the medication and ancillary  | 
| 19 |  |  medications prescribed to the qualified patient pursuant  | 
| 20 |  |  to this Act. | 
| 21 |  |     (b) Notwithstanding any other provision of law, the  | 
| 22 |  | attending physician may sign the patient's death certificate.
 | 
| 23 |  |     Section 40. Consulting physician responsibilities. A  | 
| 24 |  | consulting physician shall: | 
| 25 |  |         (1) conduct an evaluation of the patient and review  | 
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| 1 |  |  the patient's relevant medical records, including the  | 
| 2 |  |  evaluation pursuant to Section 45, if such evaluation was  | 
| 3 |  |  necessary;  | 
| 4 |  |         (2) confirm in writing to the attending physician that  | 
| 5 |  |  the patient: | 
| 6 |  |             (A) has requested a prescription for aid-in-dying  | 
| 7 |  |  medication; | 
| 8 |  |             (B) has a documented terminal disease; | 
| 9 |  |             (C) has mental capacity or has provided  | 
| 10 |  |  documentation that the consulting health care  | 
| 11 |  |  professional has referred the individual for further  | 
| 12 |  |  evaluation in accordance with Section 45; and | 
| 13 |  |             (D) is acting voluntarily, free from coercion or  | 
| 14 |  |  undue influence.
 | 
| 15 |  |     Section 45. Referral for determination that the requesting  | 
| 16 |  | patient has mental capacity. | 
| 17 |  |     (a) If either the attending physician or the consulting  | 
| 18 |  | physician has doubts whether the individual has mental  | 
| 19 |  | capacity and if either one is unable to confirm that the  | 
| 20 |  | individual is capable of making an informed decision, the  | 
| 21 |  | attending physician or consulting physician shall refer the  | 
| 22 |  | patient to a licensed mental health professional for  | 
| 23 |  | determination regarding mental capability. | 
| 24 |  |     (b) The licensed mental health professional shall  | 
| 25 |  | additionally determine whether the patient is suffering from a  | 
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| 1 |  | psychiatric or psychological disorder causing impaired  | 
| 2 |  | judgment. | 
| 3 |  |     (c) The licensed mental health professional who evaluates  | 
| 4 |  | the patient under this Section shall submit to the requesting  | 
| 5 |  | attending or consulting physician a written determination of  | 
| 6 |  | whether the patient has mental capacity. | 
| 7 |  |     (d) If the licensed mental health professional determines  | 
| 8 |  | that the patient does not have mental capacity, or is  | 
| 9 |  | suffering from a psychiatric or psychological disorder causing  | 
| 10 |  | impaired judgment, the patient shall not be deemed a qualified  | 
| 11 |  | patient and the attending physician shall not prescribe  | 
| 12 |  | medication to the patient under this Act.
 | 
| 13 |  |     Section 50. Residency requirement. | 
| 14 |  |     (a) Only requests made by Illinois residents may be  | 
| 15 |  | granted under this Act. | 
| 16 |  |     (b) A patient is able to establish residency through any  | 
| 17 |  | one or more of the following means: | 
| 18 |  |         (1) possession of a driver's license or other  | 
| 19 |  |  identification issued by the Secretary of State or State  | 
| 20 |  |  of Illinois; | 
| 21 |  |         (2) registration to vote in Illinois; | 
| 22 |  |         (3) evidence that the person owns, rents, or leases  | 
| 23 |  |  property in Illinois; | 
| 24 |  |         (4) the location of any dwelling occupied by the  | 
| 25 |  |  person; | 
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| 1 |  |         (5) the place where any motor vehicle owned by the  | 
| 2 |  |  person is registered; | 
| 3 |  |         (6) the residence address, not a post office box,  | 
| 4 |  |  shown on an income tax return filed for the year preceding  | 
| 5 |  |  the year in which the person initially makes an oral  | 
| 6 |  |  request under this Act; | 
| 7 |  |         (7) the residence address, not a post office box, at  | 
| 8 |  |  which the person's mail is received; | 
| 9 |  |         (8) the residence address, not a post office box,  | 
| 10 |  |  shown on any unexpired resident hunting or fishing or  | 
| 11 |  |  other licenses held by the person; | 
| 12 |  |         (9) the receipt of any public benefit conditioned upon  | 
| 13 |  |  residency; or | 
| 14 |  |         (10) any other objective facts tending to indicate a  | 
| 15 |  |  person's place of residence is in Illinois.
 | 
| 16 |  |     Section 55. Safe disposal of unused medications. A person  | 
| 17 |  | who has custody or control of medication prescribed pursuant  | 
| 18 |  | to this Act after the qualified patient's death shall dispose  | 
| 19 |  | of the medication by delivering it to the nearest qualified  | 
| 20 |  | facility that properly disposes of controlled substances or,  | 
| 21 |  | if none is available, by lawful means in accordance with  | 
| 22 |  | applicable State and federal guidelines.
 | 
| 23 |  |     Section 60. Health care professional protections; no duty  | 
| 24 |  | to provide aid in dying. | 
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| 1 |  |     (a) A health care professional shall not be under any  | 
| 2 |  | duty, by law or contract, to participate in the provision of  | 
| 3 |  | aid-in-dying care to a patient as set forth in this Act. | 
| 4 |  |     (b) A health care professional shall not be subject to  | 
| 5 |  | civil or criminal liability for participating or refusing to  | 
| 6 |  | participate in the provision of aid-in-dying care to a patient  | 
| 7 |  | in good faith compliance with this Act. | 
| 8 |  |     (c) Except as set forth in Section 65, a health care entity  | 
| 9 |  | or licensing board shall not subject a health care  | 
| 10 |  | professional to censure, discipline, suspension, loss of  | 
| 11 |  | license, loss of privileges, loss of membership, or other  | 
| 12 |  | penalty for participating or refusing to participate in  | 
| 13 |  | accordance with this Act. | 
| 14 |  |     (d) A health care professional may choose not to engage in  | 
| 15 |  | aid-in-dying care. | 
| 16 |  |     (e) Only willing health care professionals shall provide  | 
| 17 |  | aid-in-dying care in accordance with this Act. If a health  | 
| 18 |  | care professional is unable or unwilling to carry out a  | 
| 19 |  | patient's request under this Act, and the patient transfers  | 
| 20 |  | the patient's care to a new health care professional, the  | 
| 21 |  | prior health care professional shall transmit, upon request, a  | 
| 22 |  | copy of the patient's relevant medical records to the new  | 
| 23 |  | health care professional without undue delay. | 
| 24 |  |     (f) A health care professional shall not engage in false,  | 
| 25 |  | misleading, or deceptive practices relating to a willingness  | 
| 26 |  | to qualify a patient or provide aid-in-dying care.  | 
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| 1 |  | Intentionally misleading a patient constitutes coercion or  | 
| 2 |  | undue influence. | 
| 3 |  |     (g) The provisions of the Health Care Right of Conscience  | 
| 4 |  | Act apply to this Act and are incorporated by reference.
 | 
| 5 |  |     Section 65. Health care entity protections and permissible  | 
| 6 |  | prohibitions and duties. | 
| 7 |  |     (a) A health care entity shall not be under any duty, by  | 
| 8 |  | law or contract, to participate in the provision of  | 
| 9 |  | aid-in-dying care to a patient as set forth in this Act.  | 
| 10 |  |     (b) A health care entity shall not be subject to civil or  | 
| 11 |  | criminal liability for participating or refusing to  | 
| 12 |  | participate in the provision of aid-in-dying care to a patient  | 
| 13 |  | in good faith compliance with this Act. | 
| 14 |  |     (c) A health care entity may prohibit health care  | 
| 15 |  | professionals, staff, employees, or independent contractors,  | 
| 16 |  | from practicing aid-in-dying care while performing duties for  | 
| 17 |  | the entity. A prohibiting entity must provide advance notice  | 
| 18 |  | in writing to health care professionals and staff at the time  | 
| 19 |  | of hiring, contracting with, or privileging and on a yearly  | 
| 20 |  | basis thereafter. Such policies prohibiting aid-in-dying care  | 
| 21 |  | may include provisions for the health care entity to take  | 
| 22 |  | disciplinary action, including, but not limited to,  | 
| 23 |  | termination for those employees, independent contractors, and  | 
| 24 |  | staff who violate the health care entity's policies,  | 
| 25 |  | consistent with existing disciplinary policies. | 
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| 1 |  |     (d) If a patient wishes to transfer care to another health  | 
| 2 |  | care entity, the prohibiting entity shall coordinate a timely  | 
| 3 |  | transfer of care, including transmitting, without undue delay,  | 
| 4 |  | the patient's medical records. | 
| 5 |  |     (e) No health care entity shall prohibit a health care  | 
| 6 |  | professional from: | 
| 7 |  |         (1) providing information to a patient regarding the  | 
| 8 |  |  patient's health status, including, but not limited to,  | 
| 9 |  |  diagnosis, prognosis, recommended treatment and treatment  | 
| 10 |  |  alternatives, and the risks and benefits of each; | 
| 11 |  |         (2) providing information regarding health care  | 
| 12 |  |  services available pursuant to this Act, information about  | 
| 13 |  |  relevant community resources, and how to access those  | 
| 14 |  |  resources for obtaining care of the patient's choice; | 
| 15 |  |         (3) practicing aid-in-dying care outside the scope of  | 
| 16 |  |  the health care professional's employment or contract with  | 
| 17 |  |  the prohibiting entity and off the premises of the  | 
| 18 |  |  prohibiting entity; provided, however, that in such event  | 
| 19 |  |  the health care professional shall explicitly tell the  | 
| 20 |  |  patient that such health care professional is providing  | 
| 21 |  |  such services independently and not as a representative of  | 
| 22 |  |  their associated health care entity; or | 
| 23 |  |         (4) being present, if outside the scope of the health  | 
| 24 |  |  care professional's employment or contractual duties, when  | 
| 25 |  |  a qualified patient self-administers medication prescribed  | 
| 26 |  |  pursuant to this Act or at the time of death, if requested  | 
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| 1 |  |  by the qualified patient or their representative. | 
| 2 |  |     (f) A health care entity shall not engage in false,  | 
| 3 |  | misleading, or deceptive practices relating to its policy  | 
| 4 |  | around end-of-life care services, including whether it has a  | 
| 5 |  | policy that prohibits affiliated health care professionals  | 
| 6 |  | from practicing aid-in-dying care; or intentionally denying a  | 
| 7 |  | patient access to medication pursuant to this Act by  | 
| 8 |  | intentionally failing to transfer a patient and the patient's  | 
| 9 |  | medical records to another health care professional in a  | 
| 10 |  | timely manner. Intentionally misleading a patient or deploying  | 
| 11 |  | misinformation to obstruct access to services pursuant to this  | 
| 12 |  | Act constitutes coercion or undue influence. | 
| 13 |  |     (g) The provisions of the Health Care Right of Conscience  | 
| 14 |  | Act apply to this Act and are incorporated by reference. | 
| 15 |  |     (h) If any part of this Section is found to be in conflict  | 
| 16 |  | with federal requirements which are a prescribed condition to  | 
| 17 |  | receipt of federal funds, the conflicting part of this Section  | 
| 18 |  | is inoperative solely to the extent of the conflict with  | 
| 19 |  | respect to the entity directly affected, and such finding or  | 
| 20 |  | determination shall not affect the operation of the remainder  | 
| 21 |  | of the Section or this Act.
 | 
| 22 |  |     Section 70. Immunities for actions in good faith;  | 
| 23 |  | prohibition against reprisals. | 
| 24 |  |     (a) Except as set forth in Section 65, a health care  | 
| 25 |  | professional or health care entity shall not be subject to  | 
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| 1 |  | civil or criminal liability, licensing sanctions, or other  | 
| 2 |  | professional disciplinary action for actions taken in good  | 
| 3 |  | faith compliance with this Act. | 
| 4 |  |     (b) If a health care professional or health care entity is  | 
| 5 |  | unable or unwilling to carry out an individual's request for  | 
| 6 |  | aid in dying, the professional or entity shall, at a minimum: | 
| 7 |  |         (1) inform the individual of the professional's or  | 
| 8 |  |  entity's inability or unwillingness; | 
| 9 |  |         (2) refer the individual either to a health care  | 
| 10 |  |  professional who is able and willing to evaluate and  | 
| 11 |  |  qualify the individual or to another individual or entity  | 
| 12 |  |  to assist the requesting individual in seeking aid in  | 
| 13 |  |  dying, in accordance with the Health Care Right of  | 
| 14 |  |  Conscience Act; and | 
| 15 |  |         (3) note, in the medical record, the individual's date  | 
| 16 |  |  of request and health care professional's notice to the  | 
| 17 |  |  individual of the health care professional's unwillingness  | 
| 18 |  |  or inability to carry out the individual's request. | 
| 19 |  |     (c) Except as set forth in Section 65, a health care entity  | 
| 20 |  | or licensing board shall not subject a health care  | 
| 21 |  | professional to censure, discipline, suspension, loss of  | 
| 22 |  | license, loss of privileges, loss of membership, or other  | 
| 23 |  | penalty for engaging in good faith compliance with this Act. | 
| 24 |  |     (d) Except as set forth in Section 65, a health care  | 
| 25 |  | professional, health care entity, or licensing board shall not  | 
| 26 |  | subject a health care professional to discharge, demotion,  | 
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| 1 |  | censure, discipline, suspension, loss of license, loss of  | 
| 2 |  | privileges, loss of membership, discrimination, or any other  | 
| 3 |  | penalty for providing aid-in-dying care in accordance with the  | 
| 4 |  | standard of care and in good faith under this Act when: | 
| 5 |  |         (1) engaged in the outside practice of medicine and  | 
| 6 |  |  off of the objecting health care entity's premises; or | 
| 7 |  |         (2) providing scientific and accurate information  | 
| 8 |  |  about aid-in-dying care to a patient when discussing  | 
| 9 |  |  end-of-life care options. | 
| 10 |  |     (e) A physician is not subject to civil or criminal  | 
| 11 |  | liability or professional discipline if, at the request of the  | 
| 12 |  | qualified patient, the physician is present outside the scope  | 
| 13 |  | of the physician's employment contract and off the entity's  | 
| 14 |  | premises, when the qualified patient self-administers  | 
| 15 |  | medication pursuant to this Act, or at the time of death. | 
| 16 |  |     (f) A physician who is present at self-administration may,  | 
| 17 |  | without civil or criminal liability, assist the qualified  | 
| 18 |  | patient by preparing the medication prescribed pursuant to  | 
| 19 |  | this Act. | 
| 20 |  |     (g) A request by a patient for aid in dying does not alone  | 
| 21 |  | constitute grounds for neglect or elder abuse for any purpose  | 
| 22 |  | of law, nor shall it be the sole basis for appointment of a  | 
| 23 |  | guardian. | 
| 24 |  |     (h) This Section does not limit civil liability for  | 
| 25 |  | intentional misconduct.
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| 1 |  |     Section 75. Reporting requirements. | 
| 2 |  |     (a) Within 45 days after the effective date of this Act,  | 
| 3 |  | the Department shall create and post to its website an  | 
| 4 |  | Attending Physician Checklist Form and Attending Physician  | 
| 5 |  | Follow-Up Form to facilitate collection of the information  | 
| 6 |  | described in this Section. Failure to create or post the  | 
| 7 |  | Attending Physician Checklist Form, the Attending Physician  | 
| 8 |  | Follow-Up Form, or both shall not suspend the effective date  | 
| 9 |  | of this Act. | 
| 10 |  |     (b) Within 30 calendar days of providing a prescription  | 
| 11 |  | for medication pursuant to this Act, the attending physician  | 
| 12 |  | shall submit to the Department an Attending Physician  | 
| 13 |  | Checklist Form with the following information: | 
| 14 |  |         (1) the qualifying patient's name and date of birth; | 
| 15 |  |         (2) the qualifying patient's terminal diagnosis and  | 
| 16 |  |  prognosis; | 
| 17 |  |         (3) notice that the requirements under this Act were  | 
| 18 |  |  completed; and | 
| 19 |  |         (4) notice that medication has been prescribed  | 
| 20 |  |  pursuant to this Act. | 
| 21 |  |     (c) Within 60 calendar days of notification of a qualified  | 
| 22 |  | patient's death from self-administration of medication  | 
| 23 |  | prescribed pursuant to this Act, the attending physician shall  | 
| 24 |  | submit to the Department, an Attending Physician Follow-Up  | 
| 25 |  | Form with the following information: | 
| 26 |  |         (1) the qualified patient's name and date of birth; | 
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| 1 |  |         (2) the date of the qualified patient's death; and  | 
| 2 |  |         (3) a notation of whether the qualified patient was  | 
| 3 |  |  enrolled in hospice services at the time of the qualified  | 
| 4 |  |  patient's death. | 
| 5 |  |     (d) The information collected shall be confidential and  | 
| 6 |  | shall be collected in a manner that protects the privacy of the  | 
| 7 |  | patient, the patient's family, and any health care  | 
| 8 |  | professional involved with the patient under the provisions of  | 
| 9 |  | this Act. The information shall be privileged and strictly  | 
| 10 |  | confidential, and shall not be disclosed, discoverable, or  | 
| 11 |  | compelled to be produced in any civil, criminal,  | 
| 12 |  | administrative, or other proceeding. | 
| 13 |  |     (e) One year after the effective date of this Act, and each  | 
| 14 |  | year thereafter, the Department shall create and post on its  | 
| 15 |  | website a public statistical report of nonidentifying  | 
| 16 |  | information. The report shall be limited to: | 
| 17 |  |         (1) the number of prescriptions for medication written  | 
| 18 |  |  pursuant to this Act; | 
| 19 |  |         (2) the number of physicians who wrote prescriptions  | 
| 20 |  |  for medication pursuant to this Act; | 
| 21 |  |         (3) the number of qualified patients who died  | 
| 22 |  |  following self-administration of medication prescribed and  | 
| 23 |  |  dispensed pursuant to this Act; and  | 
| 24 |  |         (4) the number of people who died due to using an  | 
| 25 |  |  aid-in-dying drug, with demographic percentages organized  | 
| 26 |  |  by the following characteristics as aggregated and  | 
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| 1 |  |  de-identified data sets: | 
| 2 |  |             (A) age at death; | 
| 3 |  |             (B) education level; | 
| 4 |  |             (C) race; | 
| 5 |  |             (D) gender; | 
| 6 |  |             (E) type of insurance, including whether the  | 
| 7 |  |  patient had insurance; | 
| 8 |  |             (F) underlying illness; and | 
| 9 |  |             (G) enrollment in hospice. | 
| 10 |  |     (f) Except as otherwise required by law, the information  | 
| 11 |  | collected by the Department is not a public record, is not  | 
| 12 |  | available for public inspection, and is not available through  | 
| 13 |  | the Freedom of Information Act. | 
| 14 |  |     (g) Willful failure or refusal to timely submit records  | 
| 15 |  | required under this Act may result in disciplinary action.
 | 
| 16 |  |     Section 80. Effect on construction of wills, contracts,  | 
| 17 |  | and statutes. | 
| 18 |  |     (a) No provision in a contract, will, or other agreement,  | 
| 19 |  | whether written or oral, that would determine whether a  | 
| 20 |  | patient may make or rescind a request pursuant to this Act is  | 
| 21 |  | valid. | 
| 22 |  |     (b) No obligation owing under any contract that is in  | 
| 23 |  | effect on the effective date of this Act shall be conditioned  | 
| 24 |  | or affected by a patient's act of making or rescinding a  | 
| 25 |  | request pursuant to this Act. | 
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| 1 |  |     (c) It is unlawful for an insurer to deny or alter health  | 
| 2 |  | care benefits otherwise available to a patient with a terminal  | 
| 3 |  | disease based on the availability of aid-in-dying care or  | 
| 4 |  | otherwise attempt to coerce a patient with a terminal disease  | 
| 5 |  | to make a request for aid-in-dying medication. | 
| 6 |  |     (d) Nothing in this Act prevents an insurer from  | 
| 7 |  | exercising any right to void a policy based on a material  | 
| 8 |  | misrepresentation, as provided under Section 154 of the  | 
| 9 |  | Illinois Insurance Code, in an application for insurance.
 | 
| 10 |  |     Section 85. Insurance or annuity policies. | 
| 11 |  |     (a) The sale, procurement, or issuance of a life, health,  | 
| 12 |  | or accident insurance policy, annuity policy, or the rate  | 
| 13 |  | charged for a policy shall not be conditioned upon or affected  | 
| 14 |  | by a patient's act of making or rescinding a request for  | 
| 15 |  | medication pursuant to this Act. | 
| 16 |  |     (b) A qualified patient's act of self-administering  | 
| 17 |  | medication pursuant to this Act does not invalidate any part  | 
| 18 |  | of a life, health, or accident insurance, or annuity policy. | 
| 19 |  |     (c) An insurance plan, including medical assistance under  | 
| 20 |  | Article V of the Illinois Public Aid Code, shall not deny or  | 
| 21 |  | alter benefits to a patient with a terminal disease who is a  | 
| 22 |  | covered beneficiary of a health insurance plan, based on the  | 
| 23 |  | availability of aid-in-dying care, their request for  | 
| 24 |  | medication pursuant to this Act, or the absence of a request  | 
| 25 |  | for medication pursuant to this Act. Failure to meet this  | 
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| 1 |  | requirement shall constitute a violation of the Illinois  | 
| 2 |  | Insurance Code. | 
| 3 |  |     (d) The Department of Insurance shall enforce the  | 
| 4 |  | provisions of this Act with respect to any life, health, or  | 
| 5 |  | accident insurance policy or annuity policy pursuant to the  | 
| 6 |  | enforcement powers granted to it by law. A violation of this  | 
| 7 |  | Act by any person or entity under the jurisdiction of the  | 
| 8 |  | Department of Insurance shall be deemed a violation of the  | 
| 9 |  | relevant provisions of the Illinois Insurance Code under which  | 
| 10 |  | the person or entity is authorized to transact business in  | 
| 11 |  | this State.  | 
| 12 |  |     (e) For the purposes of this Act, "life, health, or  | 
| 13 |  | accident insurance policy or annuity policy" means any  | 
| 14 |  | insurance under Class 1(a), 1(b), or 2(a) of the Illinois  | 
| 15 |  | Insurance Code, a health care plan under the Health  | 
| 16 |  | Maintenance Organization Act, a limited health care plan under  | 
| 17 |  | the Limited Health Service Organization Act, a dental service  | 
| 18 |  | plan under the Dental Service Plans Act, or a voluntary health  | 
| 19 |  | services plan under the Voluntary Health Services Plan Act.
 | 
| 20 |  |     Section 90. Death certificate. | 
| 21 |  |     (a) Unless otherwise prohibited by law, the attending  | 
| 22 |  | physician may sign the death certificate of a qualified  | 
| 23 |  | patient who obtained and self-administered a prescription for  | 
| 24 |  | medication pursuant to this Act. | 
| 25 |  |     (b) When a death has occurred in accordance with this Act,  | 
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| 1 |  | the death shall be attributed to the underlying terminal  | 
| 2 |  | disease. | 
| 3 |  |         (1) Death following self-administering medication  | 
| 4 |  |  under this Act does not alone constitute grounds for  | 
| 5 |  |  postmortem inquiry. | 
| 6 |  |         (2) Death in accordance with this Act shall not be  | 
| 7 |  |  designated a suicide or homicide. | 
| 8 |  |     (c) A qualified patient's act of self-administering  | 
| 9 |  | medication prescribed pursuant to this Act shall not be  | 
| 10 |  | indicated on the death certificate.
 | 
| 11 |  |     Section 95. Liabilities and penalties. | 
| 12 |  |     (a) Nothing in this Act limits civil or criminal liability  | 
| 13 |  | arising from: | 
| 14 |  |         (1) Intentionally or knowingly altering or forging a  | 
| 15 |  |  patient's request for medication pursuant to this Act or  | 
| 16 |  |  concealing or destroying a rescission of a request for  | 
| 17 |  |  medication pursuant to this Act. | 
| 18 |  |         (2) Intentionally or knowingly coercing or exerting  | 
| 19 |  |  undue influence on a patient with a terminal disease to  | 
| 20 |  |  request medication pursuant to this Act or to request or  | 
| 21 |  |  use or not use medication pursuant to this Act. | 
| 22 |  |         (3) Intentional misconduct by a health care  | 
| 23 |  |  professional or health care entity. | 
| 24 |  |     (b) The penalties specified in this Act do not preclude  | 
| 25 |  | criminal penalties applicable under other laws for conduct  | 
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| 1 |  | inconsistent with this Act. | 
| 2 |  |     (c) As used in this Section, "intentionally" and  | 
| 3 |  | "knowingly" have the meanings provided in Sections 4-4 and 4-5  | 
| 4 |  | of the Criminal Code of 2012.
 | 
| 5 |  |     Section 100. Construction. | 
| 6 |  |     (a) Nothing in this Act authorizes a physician or any  | 
| 7 |  | other person, including the qualified patient, to end the  | 
| 8 |  | qualified patient's life by lethal injection, lethal infusion,  | 
| 9 |  | mercy killing, homicide, murder, manslaughter, euthanasia, or  | 
| 10 |  | any other criminal act. | 
| 11 |  |     (b) Actions taken in accordance with this Act do not, for  | 
| 12 |  | any purposes, constitute suicide, assisted suicide,  | 
| 13 |  | euthanasia, mercy killing, homicide, murder, manslaughter,  | 
| 14 |  | elder abuse or neglect, or any other civil or criminal  | 
| 15 |  | violation under the law.
 | 
| 16 |  |     Section 105. Rulemaking Authority. The Department of  | 
| 17 |  | Public Health and the Department of Veterans Affairs may adopt  | 
| 18 |  | rules for the implementation and administration of this Act.
 | 
| 19 |  |     Section 110. Severability. The provisions of this Act are  | 
| 20 |  | severable under Section 1.31 of the Statute on Statutes.
 | 
| 21 |  |     Section 200. The Freedom of Information Act is amended by  | 
| 22 |  | changing Section 7.5 as follows:
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| 1 |  |     (5 ILCS 140/7.5) | 
| 2 |  |     Sec. 7.5. Statutory exemptions. To the extent provided for  | 
| 3 |  | by the statutes referenced below, the following shall be  | 
| 4 |  | exempt from inspection and copying: | 
| 5 |  |         (a) All information determined to be confidential  | 
| 6 |  |  under Section 4002 of the Technology Advancement and  | 
| 7 |  |  Development Act. | 
| 8 |  |         (b) Library circulation and order records identifying  | 
| 9 |  |  library users with specific materials under the Library  | 
| 10 |  |  Records Confidentiality Act. | 
| 11 |  |         (c) Applications, related documents, and medical  | 
| 12 |  |  records received by the Experimental Organ Transplantation  | 
| 13 |  |  Procedures Board and any and all documents or other  | 
| 14 |  |  records prepared by the Experimental Organ Transplantation  | 
| 15 |  |  Procedures Board or its staff relating to applications it  | 
| 16 |  |  has received. | 
| 17 |  |         (d) Information and records held by the Department of  | 
| 18 |  |  Public Health and its authorized representatives relating  | 
| 19 |  |  to known or suspected cases of sexually transmitted  | 
| 20 |  |  infection or any information the disclosure of which is  | 
| 21 |  |  restricted under the Illinois Sexually Transmitted  | 
| 22 |  |  Infection Control Act. | 
| 23 |  |         (e) Information the disclosure of which is exempted  | 
| 24 |  |  under Section 30 of the Radon Industry Licensing Act. | 
| 25 |  |         (f) Firm performance evaluations under Section 55 of  | 
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| 1 |  |  the Architectural, Engineering, and Land Surveying  | 
| 2 |  |  Qualifications Based Selection Act. | 
| 3 |  |         (g) Information the disclosure of which is restricted  | 
| 4 |  |  and exempted under Section 50 of the Illinois Prepaid  | 
| 5 |  |  Tuition Act. | 
| 6 |  |         (h) Information the disclosure of which is exempted  | 
| 7 |  |  under the State Officials and Employees Ethics Act, and  | 
| 8 |  |  records of any lawfully created State or local inspector  | 
| 9 |  |  general's office that would be exempt if created or  | 
| 10 |  |  obtained by an Executive Inspector General's office under  | 
| 11 |  |  that Act. | 
| 12 |  |         (i) Information contained in a local emergency energy  | 
| 13 |  |  plan submitted to a municipality in accordance with a  | 
| 14 |  |  local emergency energy plan ordinance that is adopted  | 
| 15 |  |  under Section 11-21.5-5 of the Illinois Municipal Code. | 
| 16 |  |         (j) Information and data concerning the distribution  | 
| 17 |  |  of surcharge moneys collected and remitted by carriers  | 
| 18 |  |  under the Emergency Telephone System Act. | 
| 19 |  |         (k) Law enforcement officer identification information  | 
| 20 |  |  or driver identification information compiled by a law  | 
| 21 |  |  enforcement agency or the Department of Transportation  | 
| 22 |  |  under Section 11-212 of the Illinois Vehicle Code. | 
| 23 |  |         (l) Records and information provided to a residential  | 
| 24 |  |  health care facility resident sexual assault and death  | 
| 25 |  |  review team or the Executive Council under the Abuse  | 
| 26 |  |  Prevention Review Team Act. | 
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| 1 |  |         (m) Information provided to the predatory lending  | 
| 2 |  |  database created pursuant to Article 3 of the Residential  | 
| 3 |  |  Real Property Disclosure Act, except to the extent  | 
| 4 |  |  authorized under that Article. | 
| 5 |  |         (n) Defense budgets and petitions for certification of  | 
| 6 |  |  compensation and expenses for court appointed trial  | 
| 7 |  |  counsel as provided under Sections 10 and 15 of the  | 
| 8 |  |  Capital Crimes Litigation Act (repealed). This subsection  | 
| 9 |  |  (n) shall apply until the conclusion of the trial of the  | 
| 10 |  |  case, even if the prosecution chooses not to pursue the  | 
| 11 |  |  death penalty prior to trial or sentencing. | 
| 12 |  |         (o) Information that is prohibited from being  | 
| 13 |  |  disclosed under Section 4 of the Illinois Health and  | 
| 14 |  |  Hazardous Substances Registry Act. | 
| 15 |  |         (p) Security portions of system safety program plans,  | 
| 16 |  |  investigation reports, surveys, schedules, lists, data, or  | 
| 17 |  |  information compiled, collected, or prepared by or for the  | 
| 18 |  |  Department of Transportation under Sections 2705-300 and  | 
| 19 |  |  2705-616 of the Department of Transportation Law of the  | 
| 20 |  |  Civil Administrative Code of Illinois, the Regional  | 
| 21 |  |  Transportation Authority under Section 2.11 of the  | 
| 22 |  |  Regional Transportation Authority Act, or the St. Clair  | 
| 23 |  |  County Transit District under the Bi-State Transit Safety  | 
| 24 |  |  Act (repealed).  | 
| 25 |  |         (q) Information prohibited from being disclosed by the  | 
| 26 |  |  Personnel Record Review Act.  | 
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| 1 |  |         (r) Information prohibited from being disclosed by the  | 
| 2 |  |  Illinois School Student Records Act.  | 
| 3 |  |         (s) Information the disclosure of which is restricted  | 
| 4 |  |  under Section 5-108 of the Public Utilities Act.  | 
| 5 |  |         (t) (Blank).  | 
| 6 |  |         (u) Records and information provided to an independent  | 
| 7 |  |  team of experts under the Developmental Disability and  | 
| 8 |  |  Mental Health Safety Act (also known as Brian's Law).  | 
| 9 |  |         (v) Names and information of people who have applied  | 
| 10 |  |  for or received Firearm Owner's Identification Cards under  | 
| 11 |  |  the Firearm Owners Identification Card Act or applied for  | 
| 12 |  |  or received a concealed carry license under the Firearm  | 
| 13 |  |  Concealed Carry Act, unless otherwise authorized by the  | 
| 14 |  |  Firearm Concealed Carry Act; and databases under the  | 
| 15 |  |  Firearm Concealed Carry Act, records of the Concealed  | 
| 16 |  |  Carry Licensing Review Board under the Firearm Concealed  | 
| 17 |  |  Carry Act, and law enforcement agency objections under the  | 
| 18 |  |  Firearm Concealed Carry Act.  | 
| 19 |  |         (v-5) Records of the Firearm Owner's Identification  | 
| 20 |  |  Card Review Board that are exempted from disclosure under  | 
| 21 |  |  Section 10 of the Firearm Owners Identification Card Act. | 
| 22 |  |         (w) Personally identifiable information which is  | 
| 23 |  |  exempted from disclosure under subsection (g) of Section  | 
| 24 |  |  19.1 of the Toll Highway Act. | 
| 25 |  |         (x) Information which is exempted from disclosure  | 
| 26 |  |  under Section 5-1014.3 of the Counties Code or Section  | 
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| 1 |  |  8-11-21 of the Illinois Municipal Code.  | 
| 2 |  |         (y) Confidential information under the Adult  | 
| 3 |  |  Protective Services Act and its predecessor enabling  | 
| 4 |  |  statute, the Elder Abuse and Neglect Act, including  | 
| 5 |  |  information about the identity and administrative finding  | 
| 6 |  |  against any caregiver of a verified and substantiated  | 
| 7 |  |  decision of abuse, neglect, or financial exploitation of  | 
| 8 |  |  an eligible adult maintained in the Registry established  | 
| 9 |  |  under Section 7.5 of the Adult Protective Services Act.  | 
| 10 |  |         (z) Records and information provided to a fatality  | 
| 11 |  |  review team or the Illinois Fatality Review Team Advisory  | 
| 12 |  |  Council under Section 15 of the Adult Protective Services  | 
| 13 |  |  Act.  | 
| 14 |  |         (aa) Information which is exempted from disclosure  | 
| 15 |  |  under Section 2.37 of the Wildlife Code.  | 
| 16 |  |         (bb) Information which is or was prohibited from  | 
| 17 |  |  disclosure by the Juvenile Court Act of 1987.  | 
| 18 |  |         (cc) Recordings made under the Law Enforcement  | 
| 19 |  |  Officer-Worn Body Camera Act, except to the extent  | 
| 20 |  |  authorized under that Act. | 
| 21 |  |         (dd) Information that is prohibited from being  | 
| 22 |  |  disclosed under Section 45 of the Condominium and Common  | 
| 23 |  |  Interest Community Ombudsperson Act.  | 
| 24 |  |         (ee) Information that is exempted from disclosure  | 
| 25 |  |  under Section 30.1 of the Pharmacy Practice Act.  | 
| 26 |  |         (ff) Information that is exempted from disclosure  | 
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| 1 |  |  under the Revised Uniform Unclaimed Property Act.  | 
| 2 |  |         (gg) Information that is prohibited from being  | 
| 3 |  |  disclosed under Section 7-603.5 of the Illinois Vehicle  | 
| 4 |  |  Code.  | 
| 5 |  |         (hh) Records that are exempt from disclosure under  | 
| 6 |  |  Section 1A-16.7 of the Election Code.  | 
| 7 |  |         (ii) Information which is exempted from disclosure  | 
| 8 |  |  under Section 2505-800 of the Department of Revenue Law of  | 
| 9 |  |  the Civil Administrative Code of Illinois.  | 
| 10 |  |         (jj) Information and reports that are required to be  | 
| 11 |  |  submitted to the Department of Labor by registering day  | 
| 12 |  |  and temporary labor service agencies but are exempt from  | 
| 13 |  |  disclosure under subsection (a-1) of Section 45 of the Day  | 
| 14 |  |  and Temporary Labor Services Act.  | 
| 15 |  |         (kk) Information prohibited from disclosure under the  | 
| 16 |  |  Seizure and Forfeiture Reporting Act.  | 
| 17 |  |         (ll) Information the disclosure of which is restricted  | 
| 18 |  |  and exempted under Section 5-30.8 of the Illinois Public  | 
| 19 |  |  Aid Code.  | 
| 20 |  |         (mm) Records that are exempt from disclosure under  | 
| 21 |  |  Section 4.2 of the Crime Victims Compensation Act.  | 
| 22 |  |         (nn) Information that is exempt from disclosure under  | 
| 23 |  |  Section 70 of the Higher Education Student Assistance Act.  | 
| 24 |  |         (oo) Communications, notes, records, and reports  | 
| 25 |  |  arising out of a peer support counseling session  | 
| 26 |  |  prohibited from disclosure under the First Responders  | 
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| 1 |  |  Suicide Prevention Act.  | 
| 2 |  |         (pp) Names and all identifying information relating to  | 
| 3 |  |  an employee of an emergency services provider or law  | 
| 4 |  |  enforcement agency under the First Responders Suicide  | 
| 5 |  |  Prevention Act.  | 
| 6 |  |         (qq) Information and records held by the Department of  | 
| 7 |  |  Public Health and its authorized representatives collected  | 
| 8 |  |  under the Reproductive Health Act.  | 
| 9 |  |         (rr) Information that is exempt from disclosure under  | 
| 10 |  |  the Cannabis Regulation and Tax Act.  | 
| 11 |  |         (ss) Data reported by an employer to the Department of  | 
| 12 |  |  Human Rights pursuant to Section 2-108 of the Illinois  | 
| 13 |  |  Human Rights Act. | 
| 14 |  |         (tt) Recordings made under the Children's Advocacy  | 
| 15 |  |  Center Act, except to the extent authorized under that  | 
| 16 |  |  Act.  | 
| 17 |  |         (uu) Information that is exempt from disclosure under  | 
| 18 |  |  Section 50 of the Sexual Assault Evidence Submission Act.  | 
| 19 |  |         (vv) Information that is exempt from disclosure under  | 
| 20 |  |  subsections (f) and (j) of Section 5-36 of the Illinois  | 
| 21 |  |  Public Aid Code.  | 
| 22 |  |         (ww) Information that is exempt from disclosure under  | 
| 23 |  |  Section 16.8 of the State Treasurer Act.  | 
| 24 |  |         (xx) Information that is exempt from disclosure or  | 
| 25 |  |  information that shall not be made public under the  | 
| 26 |  |  Illinois Insurance Code.  | 
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| 1 |  |         (yy) Information prohibited from being disclosed under  | 
| 2 |  |  the Illinois Educational Labor Relations Act. | 
| 3 |  |         (zz) Information prohibited from being disclosed under  | 
| 4 |  |  the Illinois Public Labor Relations Act.  | 
| 5 |  |         (aaa) Information prohibited from being disclosed  | 
| 6 |  |  under Section 1-167 of the Illinois Pension Code.  | 
| 7 |  |         (bbb) Information that is prohibited from disclosure  | 
| 8 |  |  by the Illinois Police Training Act and the Illinois State  | 
| 9 |  |  Police Act.  | 
| 10 |  |         (ccc) Records exempt from disclosure under Section  | 
| 11 |  |  2605-304 of the Illinois State Police Law of the Civil  | 
| 12 |  |  Administrative Code of Illinois.  | 
| 13 |  |         (ddd) Information prohibited from being disclosed  | 
| 14 |  |  under Section 35 of the Address Confidentiality for  | 
| 15 |  |  Victims of Domestic Violence, Sexual Assault, Human  | 
| 16 |  |  Trafficking, or Stalking Act.  | 
| 17 |  |         (eee) Information prohibited from being disclosed  | 
| 18 |  |  under subsection (b) of Section 75 of the Domestic  | 
| 19 |  |  Violence Fatality Review Act.  | 
| 20 |  |         (fff) Images from cameras under the Expressway Camera  | 
| 21 |  |  Act. This subsection (fff) is inoperative on and after  | 
| 22 |  |  July 1, 2025.  | 
| 23 |  |         (ggg) Information prohibited from disclosure under  | 
| 24 |  |  paragraph (3) of subsection (a) of Section 14 of the Nurse  | 
| 25 |  |  Agency Licensing Act.  | 
| 26 |  |         (hhh) Information submitted to the Illinois State  | 
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| 1 |  |  Police in an affidavit or application for an assault  | 
| 2 |  |  weapon endorsement, assault weapon attachment endorsement,  | 
| 3 |  |  .50 caliber rifle endorsement, or .50 caliber cartridge  | 
| 4 |  |  endorsement under the Firearm Owners Identification Card  | 
| 5 |  |  Act.  | 
| 6 |  |         (iii) Data exempt from disclosure under Section 50 of  | 
| 7 |  |  the School Safety Drill Act.  | 
| 8 |  |         (jjj) Information exempt from disclosure under Section  | 
| 9 |  |  30 of the Insurance Data Security Law.  | 
| 10 |  |         (kkk) Confidential business information prohibited  | 
| 11 |  |  from disclosure under Section 45 of the Paint Stewardship  | 
| 12 |  |  Act.  | 
| 13 |  |         (lll) Data exempt from disclosure under Section  | 
| 14 |  |  2-3.196 of the School Code.  | 
| 15 |  |         (mmm) Information prohibited from being disclosed  | 
| 16 |  |  under subsection (e) of Section 1-129 of the Illinois  | 
| 17 |  |  Power Agency Act.  | 
| 18 |  |         (nnn) Materials received by the Department of Commerce  | 
| 19 |  |  and Economic Opportunity that are confidential under the  | 
| 20 |  |  Music and Musicians Tax Credit and Jobs Act.  | 
| 21 |  |         (ooo) Data or information provided pursuant to Section  | 
| 22 |  |  20 of the Statewide Recycling Needs and Assessment Act.  | 
| 23 |  |         (ppp) Information that is exempt from disclosure under  | 
| 24 |  |  Section 28-11 of the Lawful Health Care Activity Act.  | 
| 25 |  |         (qqq) Information that is exempt from disclosure under  | 
| 26 |  |  Section 7-101 of the Illinois Human Rights Act.  | 
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| 1 |  |         (rrr) Information prohibited from being disclosed  | 
| 2 |  |  under Section 4-2 of the Uniform Money Transmission  | 
| 3 |  |  Modernization Act.  | 
| 4 |  |         (sss) Information exempt from disclosure under Section  | 
| 5 |  |  40 of the Student-Athlete Endorsement Rights Act. | 
| 6 |  |         (ttt) Audio recordings made under Section 30 of the  | 
| 7 |  |  Illinois State Police Act, except to the extent authorized  | 
| 8 |  |  under that Section.  | 
| 9 |  |         (uuu) Information exempt from disclosure under Section  | 
| 10 |  |  70 of the End-of-Life Options for Terminally Ill Patients  | 
| 11 |  |  Act. | 
| 12 |  | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;  | 
| 13 |  | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.  | 
| 14 |  | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;  | 
| 15 |  | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.  | 
| 16 |  | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,  | 
| 17 |  | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;  | 
| 18 |  | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.  | 
| 19 |  | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,  | 
| 20 |  | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;  | 
| 21 |  | 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)
 | 
| 22 |  |     Section 999. Effective date. This Act takes effect 9  | 
| 23 |  | months after becoming law.". |