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Full Text of HB5764
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HB5764 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5764
Introduced 5/6/2026, by Rep. William E Hauter
SYNOPSIS AS INTRODUCED:
410 ILCS 22/70
410 ILCS 22/90 rep.
Amends the End-of-Life Options for Terminally Ill Patients Act.
Deletes provisions requiring a health care professional or health care
entity unable or unwilling to carry out aid in dying to refer the
individual to another health care professional or health care entity.
Repeals provisions concerning the signing of a death certificate and the
contents of a death certificate for a death under the Act. Effective
September 12, 2026.
LRB104 21615 BDA 37082 b
A BILL FOR
HB5764
LRB104 21615 BDA 37082 b
1
AN ACT concerning health.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The End-of-Life Options for Terminally Ill
5
Patients Act is amended by changing Section 70 as follows:
6
(410 ILCS 22/70)
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(This Section may contain text from a Public Act with a
8
delayed effective date
)
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Sec. 70.
Immunities for actions in good faith; prohibition
10
against reprisals.
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(a) Except as set forth in Section 65, a health care
12
professional or health care entity shall not be subject to
13
civil or criminal liability, licensing sanctions, or other
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professional disciplinary action for actions taken in good
15
faith compliance with this Act.
16
(b) If a health care professional or health care entity is
17
unable or unwilling to carry out an individual's request for
18
aid in dying, the professional or entity shall, at a minimum:
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(1) inform the individual of the professional's or
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entity's inability or unwillingness;
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(2)
(blank); and
refer the individual either to a
22
health care professional who is able and willing to
23
evaluate and qualify the individual or to another
HB5764
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LRB104 21615 BDA 37082 b
1
individual or entity to assist the requesting individual
2
in seeking aid in dying, in accordance with the Health
3
Care Right of Conscience Act; and
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(3) note, in the medical record, the individual's date
5
of request and health care professional's notice to the
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individual of the health care professional's unwillingness
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or inability to carry out the individual's request.
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 engaging in good faith compliance with this Act.
13
(d) Except as set forth in Section 65, a health care
14
professional, health care entity, or licensing board shall not
15
subject a health care professional to discharge, demotion,
16
censure, discipline, suspension, loss of license, loss of
17
privileges, loss of membership, discrimination, or any other
18
penalty for providing aid-in-dying care in accordance with the
19
standard of care and in good faith under this Act when:
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(1) engaged in the outside practice of medicine and
21
off of the objecting health care entity's premises; or
22
(2) providing scientific and accurate information
23
about aid-in-dying care to a patient when discussing
24
end-of-life care options.
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(e) A physician is not subject to civil or criminal
26
liability or professional discipline if, at the request of the
HB5764
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LRB104 21615 BDA 37082 b
1
qualified patient, the physician is present outside the scope
2
of the physician's employment contract and off the entity's
3
premises, when the qualified patient self-administers
4
medication pursuant to this Act, or at the time of death.
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(f) A physician who is present at self-administration may,
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without civil or criminal liability, assist the qualified
7
patient by preparing the medication prescribed pursuant to
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this Act.
9
(g) A request by a patient for aid in dying does not alone
10
constitute grounds for neglect or elder abuse for any purpose
11
of law, nor shall it be the sole basis for appointment of a
12
guardian.
13
(h) This Section does not limit civil liability for
14
intentional misconduct.
15
(Source: P.A. 104-441, eff. 9-12-26.)
16
(410 ILCS 22/90 rep.)
17
Section 10.
The End-of-Life Options for Terminally Ill
18
Patients Act is amended by repealing Section 90.
19
Section 99.
Effective date.
This Act takes effect
20
September 12, 2026.
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