republic-os/legislation/us/states/il/102nd/sb-109.md

---
type: "Bill"
title: "HEALTH SURROGATE-POLST CHANGES"
description: "Amends the Health Care Surrogate Act. Changes certain uses of the term \"qualified physician\" to \"qualified health care practitioner\". Provides that execution of a POLST form shall not be a requirement for admission to any facility or a precondition to the provision of services by any provider of health care services. Provides that an individual may revoke a document directing that resuscitating efforts shall not be implemented. In a Section regarding Department of Public Health Uniform POLST forms, changes the definition of \"attending health care practitioner\". Provides that a health care provider facility shall comply with a POLST form, National POLST form, another state's POLST Paradigm portable medical orders form, or an out-of-hospital Do Not Resuscitate (DNR) order sanctioned by a State in the United States that: has been executed by an adult; and is apparent and immediately available. Provides that before voiding or revoking a uniform practitioner orders for life-sustaining treatment (POLST) form, National POLST form, or another state's POLST Paradigm portable medical orders form consented to by the individual, that individual's legally authorized surrogate decision maker shall first: engage in consultation with the attending health care practitioner; consult the patient's advance directive, if available; and make a good faith effort to act consistently, at all times, with the patient's known wishes, or, if the patient's wishes are not known, using substituted judgment as the standard. Provides that when an individual's legally authorized surrogate is making a good faith effort to act consistently with the patient's known wishes to void or revoke a POLST form, if the patient's wishes are unknown and remain unknown after reasonable efforts to discern them, the decision shall be made on the basis of the patient's best interests as determined by the surrogate decision maker."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "102nd"
identifier: "SB 109"
citation: "Illinois SB 109 (102nd)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Robyn Gabel", "Sara Feigenholtz"]
version_count: 4
action_count: 33
vote_count: 1
first_action: "2021-02-03"
last_action: "2021-07-23"
source: "openstates"
source_identifier: "ocd-bill/23042aa6-5023-4dc7-aa07-5a3bdad710e9"
source_url: "https://ilga.gov/legislation/BillStatus.asp?DocNum=109&GAID=16&DocTypeID=SB&LegId=128444&SessionID=110&GA=102"
source_hash: "a2cca6c0225a2a077dce48995677a67b2efc572fd3a3a4066d8b8d333f8a954f"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---

# Illinois SB 109 (102nd) — HEALTH SURROGATE-POLST CHANGES

Amends the Health Care Surrogate Act. Changes certain uses of the term "qualified physician" to "qualified health care practitioner". Provides that execution of a POLST form shall not be a requirement for admission to any facility or a precondition to the provision of services by any provider of health care services. Provides that an individual may revoke a document directing that resuscitating efforts shall not be implemented. In a Section regarding Department of Public Health Uniform POLST forms, changes the definition of "attending health care practitioner". Provides that a health care provider facility shall comply with a POLST form, National POLST form, another state's POLST Paradigm portable medical orders form, or an out-of-hospital Do Not Resuscitate (DNR) order sanctioned by a State in the United States that: has been executed by an adult; and is apparent and immediately available. Provides that before voiding or revoking a uniform practitioner orders for life-sustaining treatment (POLST) form, National POLST form, or another state's POLST Paradigm portable medical orders form consented to by the individual, that individual's legally authorized surrogate decision maker shall first: engage in consultation with the attending health care practitioner; consult the patient's advance directive, if available; and make a good faith effort to act consistently, at all times, with the patient's known wishes, or, if the patient's wishes are not known, using substituted judgment as the standard. Provides that when an individual's legally authorized surrogate is making a good faith effort to act consistently with the patient's known wishes to void or revoke a POLST form, if the patient's wishes are unknown and remain unknown after reasonable efforts to discern them, the decision shall be made on the basis of the patient's best interests as determined by the surrogate decision maker.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0109.pdf)
2. **Engrossed** (committee substitute) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0109eng.pdf)
3. **Senate Amendment 001** (committee substitute) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0109sam001.pdf)
4. **Enrolled** (enrolled) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0109enr.pdf)

## Votes

- Third Reading — **65–48** (pass) · lower

## Sponsors

- Robyn Gabel — primary (person)
- Sara Feigenholtz — primary (person)
- Carol Ammons — cosponsor (person)
- Robert F. Martwick — cosponsor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2021-02-03** Filed with Secretary by Sen. Sara Feigenholtz `filing`
- **2021-02-03** First Reading `reading-1`
- **2021-02-03** Referred to Assignments `referral-committee`
- **2021-02-17** Assigned to Judiciary `referral-committee`
- **2021-03-16** Added as Co-Sponsor Sen. Robert F. Martwick
- **2021-03-16** Do Pass Judiciary; 007-002-000 `committee-passage`
- **2021-03-16** Placed on Calendar Order of 2nd Reading March 17, 2021
- **2021-03-17** Second Reading `reading-2`
- **2021-03-17** Placed on Calendar Order of 3rd Reading March 23, 2021
- **2021-04-14** Senate Floor Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz `amendment-introduction`
- **2021-04-14** Senate Floor Amendment No. 1 Referred to Assignments `referral-committee`
- **2021-04-15** Senate Floor Amendment No. 1 Assignments Refers to Judiciary
- **2021-04-20** Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-001-000
- **2021-04-21** Recalled to Second Reading `reading-2`
- **2021-04-21** Senate Floor Amendment No. 1 Adopted; Feigenholtz `amendment-passage`
- **2021-04-21** Placed on Calendar Order of 3rd Reading
- **2021-04-21** Third Reading - Passed; 043-015-000 `passage, reading-3`
- **2021-04-22** Arrived in House `introduction`
- **2021-04-22** Chief House Sponsor Rep. Robyn Gabel
- **2021-04-23** First Reading `reading-1`
- **2021-04-23** Referred to Rules Committee `referral-committee`
- **2021-04-28** Added Alternate Chief Co-Sponsor Rep. Carol Ammons
- **2021-04-28** Assigned to Health Care Licenses Committee `referral-committee`
- **2021-05-06** Do Pass / Short Debate Health Care Licenses Committee; 005-003-000 `committee-passage`
- **2021-05-07** Placed on Calendar 2nd Reading - Short Debate
- **2021-05-13** Second Reading - Short Debate `reading-2`
- **2021-05-13** Placed on Calendar Order of 3rd Reading - Short Debate
- **2021-05-19** Third Reading - Short Debate - Passed 065-048-000 `passage, reading-3`
- **2021-05-19** Passed Both Houses
- **2021-06-17** Sent to the Governor `executive-receipt`
- **2021-07-23** Governor Approved `executive-signature`
- **2021-07-23** Effective Date January 1, 2022
- **2021-07-23** Public Act . . . . . . . . . 102-0140 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/23042aa6-5023-4dc7-aa07-5a3bdad710e9`. Confidence: reported (aggregated from official Illinois legislature records).