END-OF-LIFE OPTIONS-CHANGES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3795

Introduced 2/5/2026, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

See Index

Amends the End-of-Life Options for Terminally Ill Patients Act.
Expands and clarifies definitions. Requires a mandatory mental health
evaluation for all patients requesting medical aid in dying. Strengthens
informed consent standards and adds a referral to an Ombudsman when
financial concerns influence patient choice. Revises attending and
consulting physician duties to include enhanced counseling, documentation,
and disclosure requirements. Adds explicit safeguards against coercion or
undue influence. Requires detailed recordkeeping and safe disposal of
unused medication with reporting to the Department of Public Health.
Broadens immunity provisions for good-faith compliance and clarifies
protections for physicians present at self-administration. Establishes a
Medical Aid-in-Dying Ombudsman Program within the Department of Public
Health with authority to review compliance, investigate complaints, and
operate a secure reporting portal and hotline. Imposes comprehensive
reporting requirements on physicians and directs the Department to publish
annual statistical reports with de-identified demographic and clinical
data. Prohibits solicitation of medical aid-in-dying services. Mandates
training for participating health care professionals on abuse prevention,
bias recognition, and disability-competent care. Revises insurance
provisions to ensure coverage parity for hospice and palliative care,
restricts insurer communications, and clarifies that self-administration
does not affect life or health insurance benefits. Provides that a
qualified patient's act of self-administering medication shall be
indicated on the death certificate (rather than shall not be indicated on
the death certificate).
LRB104 19647 BDA 33096 b

A BILL FOR

SB3795
LRB104 19647 BDA 33096 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 Sections 10, 15, 35, 40,
6
45, 55, 70, 75, 85, and 90 and by adding Sections 77, 97, and
7
107 as follows:

8

(410 ILCS 22/10)
9

(This Section may contain text from a Public Act with a
10
delayed effective date
)
11

Sec. 10.
Definitions.
As used in this Act:
12

"Adult" means an individual 18 years of age or older.
13

"Advanced practice registered nurse" means an advanced
14
practice registered nurse licensed under the Nurse Practice
15
Act who is certified as a psychiatric mental health
16
practitioner.
17

"Aid in dying" means an end-of-life care option that
18
allows a qualified patient to obtain a prescription for
19
medication pursuant to this Act.
20

"Attending physician" means the physician who has primary
21
responsibility for the care of the patient and treatment of
22
the patient's terminal disease.
23

"Clinical psychologist" means a psychologist licensed

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1
under the Clinical Psychologist Licensing Act.
2

"Clinical social worker" means a person licensed under the
3
Clinical Social Work and Social Work Practice Act.
4

"Coercion or undue influence" means the willful
or
5
reckless
attempt, whether by deception, intimidation, or any
6
other means to:
7

(1) cause a patient to request, obtain, or
8

self-administer medication pursuant to this Act with
9

intent to cause the death of the patient; or
10

(2) prevent a qualified patient, in a manner that
11

conflicts with the Health Care Right of Conscience Act,
12

from obtaining or self-administering medication pursuant
13

to this Act.
14

"Consulting physician" means a physician who is qualified
15
by specialty or experience to make a professional diagnosis
16
and prognosis regarding the patient's disease.
17

"Department" means the Department of Public Health.
18

"Health care entity" means a hospital or hospital
19
affiliate, nursing home, hospice or any other facility
20
licensed under any of the following Acts: the Ambulatory
21
Surgical Treatment Center Act; the Home Health, Home Services,
22
and Home Nursing Agency Licensing Act; the Hospice Program
23
Licensing Act; the Hospital Licensing Act; the Nursing Home
24
Care Act; or the University of Illinois Hospital Act. "Health
25
care entity" does not include a physician.
26

"Health care professional" means a physician, pharmacist,

SB3795
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1
or licensed mental health
care
professional.
2

"Informed decision" means a decision by a patient with
3
mental capacity and a terminal disease to request and obtain a
4
prescription for medication pursuant to this Act, that the
5
qualified patient may self-administer to bring about a
6
peaceful death, after being fully informed by the attending
7
physician and consulting physician of:
8

(1) the patient's diagnosis and prognosis;
9

(2) the potential risks and benefits associated with
10

taking the medication to be prescribed;
11

(3) the probable result of taking the medication to be
12

prescribed;
13

(4) the feasible end-of-life care and treatment
14

options for the patient's terminal disease, including, but
15

not limited to, comfort care, palliative care, hospice
16

care, and pain control, and the risks and benefits of
17

each;
18

(5) the patient's right to withdraw a request pursuant
19

this Act, or consent for any other treatment, at any time;
20

and
21

(6) the patient's right to choose not to obtain the
22

drug or to choose to obtain the drug but not to ingest it.
23

"Licensed mental health care professional" means a
24
psychiatrist
or

,
clinical psychologist
qualified to assess
25
decision-making capacity, including evaluation for depressive
26
disorders, suicidal ideation, cognitive impairment, or other

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1
psychiatric conditions that could impair judgement or
2
voluntariness

, clinical social worker, or advanced practice
3
registered nurse
.
4

"Mental capacity" means that, in the opinion of the
5
attending physician or the consulting physician or, if the
6
opinion of a licensed mental health care professional is
7
required under Section 45, the licensed mental health care
8
professional, the patient requesting medication pursuant to
9
this Act has the ability to make and communicate an informed
10
decision.
11

"Oral request" means an affirmative statement that
12
demonstrates a contemporaneous affirmatively stated desire by
13
the patient seeking aid in dying.
14

"Pharmacist" means an individual licensed to engage in the
15
practice of pharmacy under the Pharmacy Practice Act.
16

"Physician" means a person licensed to practice medicine
17
in all of its branches under the Medical Practice Act of 1987.
18

"Psychiatrist" means a physician who has successfully
19
completed a residency program in psychiatry accredited by
20
either the Accreditation Council for Graduate Medical
21
Education or the American Osteopathic Association.
22

"Qualified patient" means an adult Illinois resident with
23
the mental capacity to make medical decisions who has
24
satisfied the requirements of this Act in order to obtain a
25
prescription for medication to bring about a peaceful death.
26
No person will be considered a "qualified patient" under this

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1
Act solely because of advanced age, disability, or a mental
2
health condition, including depression.
3

"Self-administer" means an affirmative, conscious,
4
voluntary action, performed by a qualified patient, to ingest
5
medication prescribed pursuant to this Act to bring about the
6
patient's peaceful death. "Self-administer" does not include
7
administration by parenteral injection or infusion.
8

"Terminal disease" means an incurable and irreversible
9
disease that will, within reasonable medical judgment, result
10
in death within 6 months. The existence of a terminal disease,
11
as determined after in-person examination by the patient's
12
physician and concurrence by another physician, shall be
13
documented in writing in the patient's medical record. A
14
diagnosis of a major depressive disorder
or any other mental
15
health disorder
, as defined in the current edition of the
16
Diagnostic and Statistical Manual of Mental Disorders, alone
17
does not qualify as a terminal disease.
18
(Source: P.A. 104-441, eff. 9-12-26.)

19

(410 ILCS 22/15)
20

(This Section may contain text from a Public Act with a
21
delayed effective date
)
22

Sec. 15.
Informed consent.
23

(a) Nothing in this Act may be construed to limit the
24
amount of information provided to a patient to ensure the
25
patient can make a fully informed health care decision.

SB3795
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1

(b) An attending physician must provide sufficient
2
information to a patient regarding all appropriate end-of-life
3
care options, including comfort care, hospice care, palliative
4
care, and pain control, as well as the foreseeable risks and
5
benefits of each, so that the patient can make a voluntary and
6
affirmative decision regarding the patient's end-of-life care.
7

(c) If a patient makes a request for the patient's medical
8
records to be transmitted to an alternative physician, the
9
patient's medical records shall be transmitted without undue
10
delay.
11

(d) If a patient expresses that concern about the
12
financial cost of ongoing medical care impacts the patient's
13
choice to seek end of life care, the attending physician shall
14
refer the patient to the Medical Aid in Dying Ombudsman for
15
review of the cost of feasible care options. The patient
16
cannot provide informed consent until the Medical Aid in Dying
17
Ombudsman discusses those options with the patient.

18
(Source: P.A. 104-441, eff. 9-12-26.)

19

(410 ILCS 22/35)
20

(This Section may contain text from a Public Act with a
21
delayed effective date
)
22

Sec. 35.
Attending physician responsibilities.
23

(a) Following the request of a patient for aid in dying,
24
the attending physician shall conduct an evaluation of the
25
patient and:

SB3795
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1

(1) determine whether the patient has a terminal
2

disease
or has been diagnosed as having a terminal
3

disease
;
4

(2) determine whether a patient has mental capacity;
5

(3) confirm that the patient's request does not arise
6

from coercion or undue influence
, specifically engaging
7

the patient about the influenced caused by:
8

(A) a concern about the financial cost of treating
9

or prolonging the terminal condition;
10

(B) a concern about the physical or emotional
11

burden on family, friends, or caregivers;
12

(C) a concern about the terminal condition
13

representing a steady loss of autonomy;
14

(D) a concern about the decreasing ability to
15

participate in activities that made life enjoyable;
16

(E) a concern about the loss of control of bodily
17

functions, such as incontinence and vomiting;
18

(F) a concern about inadequate pain control at the
19

end of life; and
20

(G) a concern about a loss of dignity
;
21

(4) inform the patient of:
22

(A) the diagnosis;
23

(B) the prognosis;
24

(C) the potential risks, benefits, and probable
25

result of self-administering the prescribed medication
26

to bring about a peaceful death;

SB3795
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1

(D) the potential benefits and risks of feasible
2

alternatives, including, but not limited to,
3

concurrent or additional treatment options for the
4

patient's terminal disease, comfort care, palliative
5

care, hospice care, and pain control; and
6

(E) the patient's right to rescind the request for
7

medication pursuant to this Act at any time;
8

(5) inform the patient that there is no obligation to
9

fill the prescription nor an obligation to self-administer
10

the medication, if it is obtained;
11

(5.5) provide the patient with information regarding
12

the existence of the Medical Aid In Dying Ombudsman, the
13

reporting portal, and the hotline;

14

(6) provide the patient with a referral for comfort
15

care, palliative care, hospice care, pain control, or
16

other end-of-life treatment options as requested by the
17

patient and as clinically indicated;
18

(7) refer the patient to a consulting physician for
19

medical confirmation that the patient requesting
20

medication pursuant to this Act:
21

(A) has a terminal disease with a prognosis of 6
22

months or less to live; and
23

(B) has mental capacity.
24

(8) include the consulting physician's written
25

determination in the patient's medical record;
26

(9) refer the patient to a licensed mental health
care

SB3795
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LRB104 19647 BDA 33096 b
1

professional in accordance with Section 45
if the
2

attending physician observes signs that the individual may
3

not be capable of making an informed decision
;
4

(10) include the licensed mental health
care

5

professional's written determination in the patient's
6

medical record
, if such determination was requested
;
7

(11) inform the patient of the benefits of notifying
8

the next of kin of the patient's decision to request
9

medication pursuant to this Act;
10

(12) fulfill the medical record documentation
11

requirements;
12

(13) ensure that all steps are carried out in
13

accordance with this Act before providing a prescription
14

to a qualified patient for medication pursuant to this Act
15

including:
16

(A) confirming that the patient has made an
17

informed decision to obtain a prescription for
18

medication;
19

(B) offering the patient an opportunity to rescind
20

the request for medication; and
21

(C) providing information to the patient on:
22

(i) the recommended procedure for
23

self-administering the medication to be
24

prescribed;
25

(ii) the safekeeping and proper disposal of
26

unused medication in accordance with State and

SB3795
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LRB104 19647 BDA 33096 b
1

federal law;
2

(iii) the importance of having another person
3

present when the patient self-administers the
4

medication to be prescribed; and
5

(iv) not taking the aid-in-dying medication in
6

a public place;
7

(14) deliver, in accordance with State and federal
8

law, the prescription personally, by mail, or through an
9

authorized electronic transmission to a licensed
10

pharmacist who will dispense the medication, including any
11

ancillary medications, to the qualified patient, or to a
12

person expressly designated by the qualified patient in
13

person or with a signature required on delivery, by mail
14

service, or by messenger service;
15

(15) if authorized by the Drug Enforcement
16

Administration, dispense the prescribed medication,
17

including any ancillary medications, to the qualified
18

patient or a person designated by the qualified patient;
19

and
20

(16) include, in the qualified patient's medical
21

record, the patient's diagnosis and prognosis,
22

determination of mental capacity, the date of each oral
23

request, a copy of the written request, a notation that
24

the requirements under this Section have been completed,
25

and an identification of the medication and ancillary
26

medications prescribed to the qualified patient pursuant

SB3795
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1

to this Act.
2

(b) Notwithstanding any other provision of law, the
3
attending physician may sign the patient's death certificate.
4
(Source: P.A. 104-441, eff. 9-12-26.)

5

(410 ILCS 22/40)
6

(This Section may contain text from a Public Act with a
7
delayed effective date
)
8

Sec. 40.
Consulting physician responsibilities.
A
9
consulting physician shall:
10

(1) conduct an evaluation of the patient and review
11

the patient's relevant medical records, including the
12

evaluation pursuant to Section 45
, if such evaluation was
13

necessary
;
14

(2) confirm in writing to the attending physician that
15

the patient:
16

(A) has requested a prescription for aid-in-dying
17

medication;
18

(B) has a documented terminal disease;
19

(C) has mental capacity
and

or
has provided
20

documentation that the consulting health care
21

professional has referred the individual for further
22

evaluation in accordance with Section 45; and
23

(D) is acting voluntarily, free from coercion or
24

undue influence.
25
(Source: P.A. 104-441, eff. 9-12-26.)

SB3795
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LRB104 19647 BDA 33096 b
1

(410 ILCS 22/45)
2

(This Section may contain text from a Public Act with a
3
delayed effective date
)
4

Sec. 45.
Referral for determination that the requesting
5
patient has mental capacity.
6

(a) Prior to a qualified patient receiving a prescription
7
for medical aid in dying medication under this Act, the
8
patient must undergo a mental health evaluation by a qualified
9
mental health professional in accordance with this Section. A
10
mental health evaluation is mandatory.
11

(b) The attending physician shall refer the patient to a
12
licensed mental health care professional for determination
13
regarding mental capability after confirmation of terminal
14
diagnosis by the consulting physician but before the attending
15
physician may complete the prescription authorization process.
16

(c) The licensed mental health care professional shall
17
determine whether the patient has decision-making capacity and
18
is free from psychiatric conditions, including, but not
19
limited to, major depressive disorder, acute suicidal
20
ideation, severe cognitive impairment, or other clinically
21
significant mental health disorders that would impair the
22
patient's ability to make an informed, voluntary, and
23
uncoerced request for medical aid in dying.
24

(d) The licensed mental health care professional who
25
evaluates the patient under this Section shall submit to the

SB3795
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1
attending and consulting physicians a written report of the
2
evaluation, including:
3

(1) a clinical summary of the evaluation;
4

(2) a determination of whether the patient possesses
5

decision-making capacity with respect to the medical aid
6

in dying request;
7

(3) specific findings regarding depressive symptoms,
8

suicidal ideation unrelated to the terminal condition, or
9

other psychiatric features that may impair judgement;
10

(4) recommendations regarding whether the medical aid
11

in dying request should proceed or be deferred or referred
12

for further treatment.
13

(e) If the licensed health professional determines that
14
the patient does not have mental capacity or is suffering from
15
a psychiatric or psychological disorder causing impaired
16
judgement, the patient shall not be deemed a qualified patient
17
unless and until capacity is restored and confirmed by a
18
subsequent evaluation by a different qualified mental health
19
professional; the attending physician shall not prescribe
20
medication to the patient under this Act; and the attending
21
physician shall notify the patient in writing of the
22
determination and discuss available options, including
23
referral for psychiatric treatment or supportive care. If
24
capacity is restored and confirmed by a subsequent evaluation
25
by a different qualified mental health professional, the
26
patient shall be deemed a qualified patient and the attending

SB3795
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1
physician shall prescribe medication to the patient under this
2
Act.
3

(f) The mental health evaluation must be completed and the
4
written report received by the attending physician no fewer
5
than 7 days before the prescription for medication may be
6
issued, unless the patient's attending physician has medically
7
determined that the individual will, within reasonable medical
8
judgement, die within 5 days after making the initial oral
9
request under Section 25.
10

(g) Both the attending physician and the consulting
11
physician shall be responsible for ensuring the referral to a
12
qualified mental health professional occurs in a timely manner
13
once eligibility criteria in this Act are otherwise satisfied.

14

(a) If either the attending physician or the consulting
15
physician has doubts whether the individual has mental
16
capacity and if either one is unable to confirm that the
17
individual is capable of making an informed decision, the
18
attending physician or consulting physician shall refer the
19
patient to a licensed mental health professional for
20
determination regarding mental capability.
21

(b) The licensed mental health professional shall
22
additionally determine whether the patient is suffering from a
23
psychiatric or psychological disorder causing impaired
24
judgment.
25

(c) The licensed mental health professional who evaluates
26
the patient under this Section shall submit to the requesting

SB3795
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1
attending or consulting physician a written determination of
2
whether the patient has mental capacity.
3

(d) If the licensed mental health professional determines
4
that the patient does not have mental capacity, or is
5
suffering from a psychiatric or psychological disorder causing
6
impaired judgment, the patient shall not be deemed a qualified
7
patient and the attending physician shall not prescribe
8
medication to the patient under this Act.
9
(Source: P.A. 104-441, eff. 9-12-26.)

10

(410 ILCS 22/55)
11

(This Section may contain text from a Public Act with a
12
delayed effective date
)
13

Sec. 55.
Safe disposal of unused medications.
A person who
14
has custody or control of medication prescribed pursuant to
15
this Act after the qualified patient's death shall dispose of
16
the medication by delivering it to the nearest qualified
17
facility that properly disposes of controlled substances or,
18
if none is available, by lawful means in accordance with
19
applicable State and federal guidelines.
Record of disposal
20
must be given to the attending physician for submission to the
21
Department.

22
(Source: P.A. 104-441, eff. 9-12-26.)

23

(410 ILCS 22/70)
24

(This Section may contain text from a Public Act with a

SB3795
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LRB104 19647 BDA 33096 b
1
delayed effective date
)
2

Sec. 70.
Immunities for actions in good faith; prohibition
3
against reprisals.
4

(a) Except as set forth in Section 65, a health care
5
professional or health care entity shall not be subject to
6
civil or criminal liability, licensing sanctions, or other
7
professional disciplinary action for actions taken in good
8
faith compliance with this Act.
9

(b) If a health care professional or health care entity is
10
unable or unwilling to carry out an individual's request for
11
aid in dying, the professional or entity shall, at a minimum:
12

(1) inform the individual of the professional's or
13

entity's inability or unwillingness;
14

(2) refer the individual either to a health care
15

professional who is able and willing to evaluate and
16

qualify the individual or to another individual or entity
17

to assist the requesting individual in seeking aid in
18

dying, in accordance with the Health Care Right of
19

Conscience Act; and
20

(3) note, in the medical record, the individual's date
21

of request and health care professional's notice to the
22

individual of the health care professional's unwillingness
23

or inability to carry out the individual's request.
24

(c) Except as set forth in Section 65, a health care entity
25
or licensing board shall not subject a health care
26
professional to censure, discipline, suspension, loss of

SB3795
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1
license, loss of privileges, loss of membership, or other
2
penalty for engaging in good faith compliance with this Act.
3

(d) Except as set forth in Section 65, a health care
4
professional, health care entity, or licensing board shall not
5
subject a health care professional to discharge, demotion,
6
censure, discipline, suspension, loss of license, loss of
7
privileges, loss of membership, discrimination, or any other
8
penalty for providing aid-in-dying care in accordance with the
9
standard of care and in good faith under this Act when:
10

(1) engaged in the outside practice of medicine and
11

off of the objecting health care entity's premises; or
12

(2) providing scientific and accurate information
13

about aid-in-dying care to a patient when discussing
14

end-of-life care options.
15

(e) A physician is not subject to civil or criminal
16
liability or professional discipline if, at the request of the
17
qualified patient, the physician is present outside the scope
18
of the physician's employment contract and off the entity's
19
premises, when the qualified patient self-administers
20
medication pursuant to this Act, or at the time of death.
21

(f) A physician who is present at self-administration may,
22
without civil or criminal liability, assist the qualified
23
patient by preparing the medication prescribed pursuant to
24
this Act.
25

(g) A request by a patient for aid in dying does not alone
26
constitute grounds for neglect or elder abuse for any purpose

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1
of law, nor shall it be the sole basis for appointment of a
2
guardian.
3

(h) This Section does not limit civil liability for
4
intentional
or reckless
misconduct.
5
(Source: P.A. 104-441, eff. 9-12-26.)

6

(410 ILCS 22/75)
7

(This Section may contain text from a Public Act with a
8
delayed effective date
)
9

Sec. 75.
Reporting requirements.
10

(a) Within 45 days after the effective date of this Act,
11
the Department shall create and post to its website an
12
Attending Physician Checklist Form and Attending Physician
13
Follow-Up Form to facilitate collection of the information
14
described in this Section. Failure to create or post the
15
Attending Physician Checklist Form, the Attending Physician
16
Follow-Up Form, or both shall
make the

not suspend the
17
effective date of this
Act
inoperative until an Attending
18
Physician Checklist Form and Attending Physician Follow-Up
19
Form are created and posted to the Department's website
.
20

(b) Within 30 calendar days of providing a prescription
21
for medication pursuant to this Act, the attending physician
22
shall submit to the Department an Attending Physician
23
Checklist Form with the following information:
24

(1) the qualifying patient's name and date of birth;
25

(2) the qualifying patient's terminal diagnosis and

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1

prognosis;
2

(3) notice that the requirements under this Act were
3

completed;
and
4

(4) notice that medication has been prescribed
5

pursuant to this Act
;

.
6

(5) date the attending physician began caring for the
7

patient;
8

(6) whether the qualifying patient was receiving
9

hospice care when the initial request for a prescription
10

was made;
11

(7) the type of health-care coverage the qualifying
12

patient has for their underlying illness;
13

(8) whether the qualifying patient has a disability
14

prior to the terminal diagnosis;
15

(9) whether the disability was an intellectual or
16

developmental disability, physical disability, or mental
17

health disability if applicable;
18

(10) the qualifying patient's marital status;
19

(11) the qualifying patient's education level;
20

(12) whether the qualifying patient resides in a
21

nursing home, community-based setting, or institutional
22

care;
23

(13) whether the following possible concerns
24

contributed to the qualifying patient's decision to
25

request a prescription for medical aid in dying:
26

(A) a concern about the financial cost of treating

SB3795
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1

or prolonging the terminal condition;
2

(B) a concern about the physical or emotional
3

burden on family, friends, or caregivers;
4

(C) a concern about the terminal condition
5

representing a steady loss of autonomy;
6

(D) a concern about the decreasing ability to
7

participate in activities that made life enjoyable;
8

(E) a concern about the loss of control of bodily
9

functions, such as incontinence and vomiting;
10

(F) a concern about inadequate pain control at the
11

end of life; and
12

(G) a concern about a loss of dignity.

13

(c) Within 60 calendar days of notification of a qualified
14
patient's death from self-administration of medication
15
prescribed pursuant to this Act, the attending physician shall
16
submit to the Department, an Attending Physician Follow-Up
17
Form with the following information:
18

(1) the qualified patient's name and date of birth;
19

(2) the date of the qualified patient's death;
and

20

(3) a notation of whether the qualified patient was
21

enrolled in hospice services at the time of the qualified
22

patient's death
;

.
23

(4) whether the attending physician, licensed health
24

care provider, or volunteer was at the patient's bedside
25

when the patient took the medication;
26

(5) whether the attending physician, licensed health

SB3795
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1

care provider, or volunteer was at the patient's bedside
2

at the time of death;
3

(6) where the patient ingested the medication;
4

(7) the time between ingesting the medication and
5

unconsciousness;
6

(8) the time between ingesting the medication and
7

death; and
8

(9) whether there were any complications that occurred
9

after the patient took the lethal dose of medication.

10

(d) The information collected shall be confidential and
11
shall be collected in a manner that protects the privacy of the
12
patient, the patient's family, and any health care
13
professional involved with the patient under the provisions of
14
this Act.
Except as otherwise required by law, the information
15
collected shall not be public record and may not be made
16
available for inspection by the public.

The information shall
17
be privileged and strictly confidential, and shall not be
18
disclosed, discoverable, or compelled to be produced in any
19
civil, criminal, administrative, or other proceeding.
20

(e) One year after the effective date of this Act, and each
21
year thereafter, the Department shall create and post on its
22
website a public statistical report of nonidentifying
23
information. The report shall be limited to:
24

(1) the number of prescriptions for medication written
25

pursuant to this Act;
26

(2) the number of physicians who wrote prescriptions

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1

for medication pursuant to this Act;
2

(3) the number of qualified patients who died
3

following self-administration of medication prescribed and
4

dispensed pursuant to this Act; and
5

(4) the number of people who died due to using an
6

aid-in-dying drug, with demographic percentages organized
7

by the following characteristics as aggregated and
8

de-identified data sets:
9

(A) age at death;
10

(B) education level;
11

(C) race;
12

(D) gender;
13

(E) type of insurance, including whether the
14

patient had insurance;
15

(F) underlying illness;
and
16

(G) enrollment in hospice
;

.
17

(H) disability status prior to receiving the
18

terminal diagnosis;
19

(I) type of disability;
20

(J) marital status;
21

(K) the following possible concerns contributed to
22

the qualifying patient's decision to request a
23

prescription for medical aid in dying:
24

(1) a concern about the financial cost of
25

treating or prolonging the terminal condition;
26

(2) a concern about the physical or emotional

SB3795
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1

burden on family, friends, or caregivers;
2

(3) a concern about the terminal condition
3

representing a steady loss of autonomy;
4

(4) a concern about the decreasing ability to
5

participate in activities that made life
6

enjoyable;
7

(5) a concern about the loss of control of
8

bodily functions, such as incontinence and
9

vomiting;
10

(6) a concern about inadequate pain control at
11

the end of life; and
12

(7) a concern about lack of dignity.
13

(L) place of residence, limited to "nursing home",
14

"community-based setting", or "institutional care";
15

(M) whether the attending physician, licensed
16

health care provider, or volunteer was at the
17

patient's bedside at the time of death;
18

(N) where the patient ingested the medication;
19

(O) the time between ingesting the medication and
20

unconsciousness;
21

(P) the time between ingesting the medication and
22

death;
23

(Q) whether there were any complications that
24

occurred after the patient ingested the medication.

25

(f) Except as otherwise required by law, the information
26
collected by the Department is not a public record, is not

SB3795
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1
available for public inspection, and is not available through
2
the Freedom of Information Act.
3

(g)
Failure

Willful failure
or refusal to
timely
submit
4
records
within one year of the patient's death as
required
5
under this Act
shall

may
result in disciplinary action.
6
(Source: P.A. 104-441, eff. 9-12-26.)

7

(410 ILCS 22/77 new)
8

Sec. 77.
Medical Aid In Dying Ombudsman.
9

(a) The Medical Aid In Dying Ombudsman Program shall be
10
established within the Department for the purpose of ensuring
11
physician compliance with this Act and protecting patients
12
with disabilities and other vulnerable populations from abuse,
13
coercion, neglect, or procedural violations related to medical
14
aid in dying.
15

(b) The Director of Public Health shall appoint a Medical
16
Aid In Dying Ombudsman, who shall possess expertise in
17
disability rights, health law, bioethics, or public health
18
administration. The Ombudsman shall Act independently in
19
performance of duties under this Section.
20

(c) The Medical Aid In Dying Ombudsman shall have the
21
authority and duty to:
22

(1) review all physician-submitted forms,
23

attestations, and documentation required under this Act
24

for completeness, accuracy, and compliance;
25

(2) identify patterns of noncompliance,

SB3795
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1

irregularities, or deviations from statutory safeguards;
2

(3) receive, view, and investigate complaints or
3

reports alleging abuse, coercion, undue influence, fraud,
4

or violations of this Act;
5

(4) initiate investigations upon receipt of a
6

complaint or upon reasonable suspicion of noncompliance;
7

(5) access all records, forms, and documentation
8

submitted pursuant to this Act consistent with state and
9

federal confidentiality laws;
10

(6) request additional information from attending
11

physicians, consulting physicians, health care facilities,
12

or mental health professionals when necessary;
13

(7) refer substantiated violations to the Department
14

for enforcement action;
15

(8) refer cases involving potential criminal conduct
16

to appropriate law enforcement agencies;
17

(9) refer cases involving professional misconduct to
18

the appropriate licensing board; and
19

(10) provide information to patients, family members,
20

caregivers, advocates, and health care professionals
21

regarding rights, safeguards, and reporting mechanisms
22

under this Act.
23

(d) The Department, in coordination with the Medical Aid
24
In Dying Ombudsman, shall establish and maintain a secure,
25
publicly accessible reporting portal and a toll-free,
26
statewide telephone hotline for the purpose of receiving

SB3795
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1
reports related to medical aid in dying. Reporting may be made
2
by patients, family members, health care workers, advocates,
3
or any individual with knowledge of or concern about a medical
4
aid in dying request or prescription. Reports may be submitted
5
anonymously.
6

(e) The Ombudsman shall issue findings to the Department
7
for appropriate action if the Ombudsman determines that a
8
physician or health care provider has failed to comply with
9
this Act, which may include, but is not limited to:
10

(1) administrative penalties under rules adopted by
11

the Department;
12

(2) suspension or revocation of participation under
13

this Act;
14

(3) referral to professional licensing authorities;
15

and
16

(4) referral for civil or criminal investigation.
17

(f) No person shall be retaliated against for making a
18
good-faith report under this Section. Retaliation by an entity
19
regulated by the Department shall constitute a violation
20
subject to enforcement by the Department.
21

(g) The Department shall publish an annual report
22
summarizing the number of cases reviewed, the number and
23
nature of complaints received, the number of investigations
24
conducted, findings of noncompliance or abuse, and corrective
25
action taken. All reports shall be identified and published in
26
a manner that protects patient privacy.

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1

(410 ILCS 22/85)
2

(This Section may contain text from a Public Act with a
3
delayed effective date
)
4

Sec. 85.
Insurance or annuity policies.
5

(a) The sale, procurement, or issuance of a life, health,
6
or accident insurance policy, annuity policy, or the rate
7
charged for a policy shall not be conditioned upon or affected
8
by a patient's act of making or rescinding a request for
9
medication pursuant to this Act.
10

(b) A qualified patient's act of self-administering
11
medication pursuant to this Act does not invalidate any part
12
of a life, health, or accident insurance, or annuity policy.
13

(c) An insurance plan, including medical assistance under
14
Article V of the Illinois Public Aid Code, shall not deny or
15
alter benefits to a patient with
or without
a terminal disease
16
who is a covered beneficiary of a health insurance plan, based
17
on the availability of aid-in-dying care, their request for
18
medication pursuant to this Act, or the absence of a request
19
for medication pursuant to this Act. Failure to meet this
20
requirement shall constitute a violation of the Illinois
21
Insurance Code.
22

(d) The Department of Insurance shall enforce the
23
provisions of this Act with respect to any life, health, or
24
accident insurance policy or annuity policy pursuant to the
25
enforcement powers granted to it by law. A violation of this

SB3795
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1
Act by any person or entity under the jurisdiction of the
2
Department of Insurance shall be deemed a violation of the
3
relevant provisions of the Illinois Insurance Code under which
4
the person or entity is authorized to transact business in
5
this State.
6

(d-5) An insurance plan, including medical assistance
7
under Article V of the Illinois Public Aid Code, shall not
8
provide coverage for medical aid in dying medication without
9
providing coverage for other end of life options, including,
10
but not limited to, hospice care and palliative care.

11

(e) For the purposes of this Act, "life, health, or
12
accident insurance policy or annuity policy" means any
13
insurance under Class 1(a), 1(b), or 2(a) of the Illinois
14
Insurance Code, a health care plan under the Health
15
Maintenance Organization Act, a limited health care plan under
16
the Limited Health Service Organization Act, a dental service
17
plan under the Dental Service Plans Act, or a voluntary health
18
services plan under the Voluntary Health Services Plan Act.
19

(f) An insurance provider shall not provide any
20
information in communications made to an individual about the
21
availability of medical aid in dying absent a request by the
22
individual or their attending physician at the behest of the
23
individual. Any communication shall not include both the
24
denial of treatment and information as to the availability of
25
medical aid in dying drug coverage.

26
(Source: P.A. 104-441, eff. 9-12-26.)

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1

(410 ILCS 22/90)
2

(This Section may contain text from a Public Act with a
3
delayed effective date
)
4

Sec. 90.
Death certificate.
5

(a) Unless otherwise prohibited by law, the attending
6
physician may sign the death certificate of a qualified
7
patient who obtained and self-administered a prescription for
8
medication pursuant to this Act.
9

(b) When a death has occurred in accordance with this Act,
10
the death shall be attributed to the underlying terminal
11
disease
, with the information required under subsection (c)
.
12

(1) Death following self-administering medication
13

under this Act does not alone constitute grounds for
14

postmortem inquiry.
15

(2) Death in accordance with this Act shall not be
16

designated a suicide or homicide.
17

(c) A qualified patient's act of self-administering
18
medication prescribed pursuant to this Act shall
not
be
19
indicated on the death certificate.
20
(Source: P.A. 104-441, eff. 9-12-26.)

21

(410 ILCS 22/97 new)
22

Sec. 97.
Abuse, bias, coercion, and discrimination health
23
care professional training.
24

(a) Any health care professional or provider who

SB3795
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LRB104 19647 BDA 33096 b
1
participates in medical aid in dying under this Act,
2
including, but not limited to, attending physicians,
3
consulting physicians, mental health professionals, and health
4
care facilities, shall complete mandatory training on abuse
5
prevention, bias recognition, coercion identification, and
6
disability-competent care prior to participating in services
7
authorized by this Act.
8

(b) The Illinois Department shall develop, approve, and
9
oversee the required training program. The Department may
10
consult with disability rights organizations, bioethicists,
11
clinicians, and subject-matter experts in health equity and
12
patient safety in developing the curriculum. The curriculum
13
must include training in the counseling of patients about the
14
concerns identified in Section 35(a)(3) and alternatives
15
available for addressing those concerns.

16

(410 ILCS 22/107 new)
17

Sec. 107.
Prohibiting solicitation.
Solicitation of
18
medical aid in dying services by for-profit or nonprofit
19
entities to terminal or non-terminal patients shall be
20
prohibited and constitutes coercion. Violations shall be
21
investigated by the Medical Aid in Dying Ombudsman.

SB3795
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1

INDEX

2

Statutes amended in order of appearance

3

410 ILCS 22/10
4

410 ILCS 22/15
5

410 ILCS 22/35
6

410 ILCS 22/40
7

410 ILCS 22/45
8

410 ILCS 22/55
9

410 ILCS 22/70
10

410 ILCS 22/75
11

410 ILCS 22/77 new
12

410 ILCS 22/85
13

410 ILCS 22/90
14

410 ILCS 22/97 new
15

410 ILCS 22/107 new

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