Each health care provider and each other person with whom an agent deals under a health care agency shall be subject to the following duties and responsibilities:
         (a) It is the responsibility of the agent or patient
    
to notify the health care provider of the existence of the health care agency and any amendment or revocation thereof. An agent may present an electronic device displaying an electronic copy of an executed form as proof of the health care agency. A health care provider furnished with a copy of a health care agency shall make it a part of the patient‘s medical records and shall enter in the records any change in or termination of the health care agency by the principal that becomes known to the provider. Whenever a provider believes a patient may lack capacity to give informed consent to health care which the provider deems necessary, the provider shall consult with any available health care agent known to the provider who then has power to act for the patient under a health care agency.
        (b) A health care decision made by an agent in
    
accordance with the terms of a health care agency shall be complied with by every health care provider to whom the decision is communicated, subject to the provider’s right to administer treatment for the patient’s comfort care or alleviation of pain; but if the provider is unwilling to comply with the agent’s decision, the provider shall promptly inform the agent who shall then be responsible to make the necessary arrangements for the transfer of the patient to another provider. It is understood that a provider who is unwilling to comply with the agent’s decision will continue to afford reasonably necessary consultation and care in connection with the transfer.
        (c) At the patient’s expense and subject to
    
reasonable rules of the health care provider to prevent disruption of the patient’s health care, each health care provider shall give an agent authorized to receive such information under a health care agency the same right the principal has to examine and copy any part or all of the patient’s medical records that the agent deems relevant to the exercise of the agent’s powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home or other health care provider.
        (d) If and to the extent a health care agency
    
empowers the agent to (1) make an anatomical gift on behalf of the principal under the Illinois Anatomical Gift Act, as now or hereafter amended, or (2) authorize an autopsy of the principal’s body pursuant to Section 2 of “An Act in relation to autopsy of dead bodies”, approved August 13, 1965, as now or hereafter amended, or (3) direct the disposition of the principal’s remains, the decision by an authorized agent as to anatomical gift, autopsy approval or remains disposition shall be deemed the act of the principal and shall control over the decision of other persons who might otherwise have priority; and each person to whom a direction by the agent in accordance with the terms of the agency is communicated shall comply with such direction.

Terms Used In Illinois Compiled Statutes 755 ILCS 45/4-7

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Health care agent: means an individual at least 18 years old designated by the principal to make health care decisions of any type, including, but not limited to, anatomical gift, autopsy, or disposition of remains for and on behalf of the individual. 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
  • provider: means the attending physician and any other person administering health care to the patient at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. See Illinois Compiled Statutes 755 ILCS 45/4-4
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