Illinois Compiled Statutes 755 ILCS 45/4-5.1 – Limitations on who may witness health care agencies
Current as of: 2024 | Check for updates
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(a) Every health care agency shall bear the signature of a witness to the signing of the agency. No witness may be under 18 years of age. None of the following licensed professionals providing services to the principal may serve as a witness to the signing of a health care agency:
(1) the attending physician, advanced practice
(1) the attending physician, advanced practice
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registered nurse, physician assistant, dentist, podiatric physician, optometrist, or psychologist of the principal, or a relative of the physician, advanced practice registered nurse, physician assistant, dentist, podiatric physician, optometrist, or psychologist;
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(2) an owner, operator, or relative of an owner or
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operator of a health care facility in which the principal is a patient or resident;
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(3) a parent, sibling, or descendant, or the spouse
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of a parent, sibling, or descendant, of either the principal or any agent or successor agent, regardless of whether the relationship is by blood, marriage, or adoption;
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(4) an agent or successor agent for health care.
(b) The prohibition on the operator of a health care facility from serving as a witness shall extend to directors and executive officers of an operator that is a corporate entity but not other employees of the operator such as, but not limited to, non-owner chaplains or social workers, nurses, and other employees.
Terms Used In Illinois Compiled Statutes 755 ILCS 45/4-5.1
- Attending physician: means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. See Illinois Compiled Statutes 755 ILCS 45/4-4
- Health care: means any care, treatment, service or procedure to maintain, diagnose, treat or provide for the patient's physical or mental health or personal care. See Illinois Compiled Statutes 755 ILCS 45/4-4
- Health care agency: means an agency governing any type of health care, anatomical gift, autopsy or disposition of remains for and on behalf of a patient and refers, in either hard copy or electronic format, to the power of attorney or other written instrument defining the agency or the agency, itself, as appropriate to the context. See Illinois Compiled Statutes 755 ILCS 45/4-4
- Patient: means the principal or, if the agency governs health care for a minor child of the principal, then the child. See Illinois Compiled Statutes 755 ILCS 45/4-4
(b) The prohibition on the operator of a health care facility from serving as a witness shall extend to directors and executive officers of an operator that is a corporate entity but not other employees of the operator such as, but not limited to, non-owner chaplains or social workers, nurses, and other employees.