Governor Pritzker Signs Bill Expanding End-of-Life Options for Terminally Ill Patients


Governor Pritzker Signs Bill Expanding End-of-Life Options for Terminally Ill Patients

Illinois becomes 12th state to enact legislation to provide terminally ill patients with autonomy, dignity and peace at the end of their lives

CHICAGO – Governor Pritzker signed the Medical Aid in Dying bill (SB 1950), a law that will provide qualified terminally ill patients with the option to seek medication to peacefully end their lives on their own terms in consultation with physicians.

To ensure the highest safeguards for patients, the law is effective in September of 2026, which affords participating health care providers and the Illinois Department of Public Health (IDPH) significant lead time to implement stringent processes and protections as outlined in the law.

Also known as “Deb’s Law,” the bill honors Deb Robertson, a lifelong Illinois resident living with a rare terminal illness who has strongly advocated for the bill and shed light on the impacts on families and individuals struggling with terminal illness as they seek dignity and autonomy to peacefully end their lives on their terms.

The legislation expands compassionate end of life options in a manner that establishes clear processes, guidelines, and protocols. Several safeguards are in place to ensure robust patient protection for Illinois residents. No physician, health care provider, or pharmacist is required to participate in the option. The law makes it a felony to coerce anyone to request the medication or to forge a request. Adult patients (18 or older) requesting end-of-life medication must:

Have a terminal illness that will result in death within six months (as determined by two physicians).

Be informed by their physician about all of their end-of-life care options, including comfort care, hospice, palliative care, and pain control.

Have the mental capacity, confirmed by their physician, to make medical decisions.

Make written and oral requests in order to receive the aid-in-dying medication, among other requirements. The request can only be made by the patient, not by the patient’s surrogate decision-maker, health care proxy, health care agent, attorney-in-fact for healthcare, guardian, nor via advance care directive.

Lawmakers and the Governor have heard numerous personal stories from families and individuals who have faced harrowing circumstances as they near the ends of their lives. Some were enduring unbearable pain, even travelling thousands of miles to seek medical aid-in-dying in other states and countries while sick. They also heard from families who spoke of the pain of seeing their loved one experience prolonged suffering that they were desperate and powerless to end.

“I want to thank Governor Pritzker for signing this measure into law – giving the full range of end-of-life options for Illinois residents,” said Deb Robertson, a retired Lombard social worker who worked to pass the Deb’s Law. “Today, I know the end for me could be near. But I’m pleased to have been able to play some role in ensuring that terminally ill Illinoisans have access to medical aid in dying.”

PROCESS TO RECIEVE MEDICAL AID IN DYING MEDICATION

Patients who meet eligibility criteria must make several oral and written requests in order to receive medical aid in dying medication.

The written request must be signed by the requesting patient and witnessed by at least two individuals who attest that the patient has the mental capacity to make this decision, is making it voluntarily, and is not being coerced or doing so under duress.

Patients who qualify must be able to self-administer the medication.

Patients who qualify and receive medication have the right to withdraw their request at any time or choose not to ingest it. The death certificates of those who take end-of-life medication under the bill will attribute their cause of death to the underlying terminal disease. The option to prescribe aid in dying will be available on September 12, 2026, when the Medical Aid in Dying bill goes into effect.

REQUIREMENTS FOR PHYSICANS

Attending physicians must provide informed consent regarding all appropriate end-of-life care options, not just medical aid-in-dying.

They must provide an in-person examination to determine whether the patient has an illness that will result in death within six months. Two doctors must concur.

As part of the process, the physician must also confirm that the individual has the mental capacity to make the decision to pursue medical aid-in-dying. If there are any questions about fitness, the patient will be referred to a licensed mental health professional. If the mental health professional determines that the patient does not have mental capacity, the patient will not qualify for medical aid-in-dying.

If a patient elects the end-of-life option as outlined in the Act, physicians must submit information within 60 days after the patient’s death to the Illinois Department of Public Health (IDPH) regarding the patient, their diagnosis, notice that requirements under the Act were completed, and notice that medication has been prescribed pursuant to the Act. This information is to be considered confidential, privileged, and not discoverable in any civil, criminal, administrative, or other proceeding.

Health care professionals are not under any duty to participate in the provision of aid-in-dying and are not subject to criminal or civil liability for participating or refusing to provide aid-in-dying care to a patient in good faith compliance with the Act.

HEALTH CARE ORGANIZATIONS AND ENTITIES

Health care entities can also prohibit their staff from practicing aid-in-dying care while working for the organization. The Act also requires that an insurance plan, including Medicaid, cannot deny or alter benefits to a patient with a terminal disease based on the availability of aid-in-dying care, their request for medication pursuant to this Act, or the absence of a request. It does not require coverage of this care either by private insurers or Medicaid.

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