Illinois Compiled Statutes
755 ILCS 35/2 (2026)
Definitions: (a) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient
✓ current as of May 2026
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(755 ILCS 35/2)
(from Ch. 110 1/2, par. 702)
Sec. 2. Definitions: (a) "Attending physician" means the physician selected by, or assigned
to, the patient who has primary responsibility for the treatment and care
of the patient.
(b) "Declaration" means a witnessed document in writing, in a hard copy or electronic format, voluntarily
executed by the declarant in accordance with the requirements of Section 3.
(c) "Health-care provider" means a person who is licensed, certified
or otherwise authorized by the law of this State to administer health care
in the ordinary course of business or practice of a profession.
(d) "Death delaying procedure" means any medical procedure or intervention
which, when applied to a qualified patient, in the judgement of the attending
physician would serve only to postpone the moment of death. In
appropriate circumstances, such procedures include, but are not limited to,
assisted ventilation, artificial kidney treatments, intravenous feeding or
medication, blood transfusions, tube feeding and other procedures of
greater or lesser magnitude that serve only to delay death. However, this
Act does not affect the responsibility of the attending physician or other
health care provider to provide treatment for a patient's comfort care or
alleviation of pain. Nutrition and hydration shall not be withdrawn or
withheld from a qualified patient if the withdrawal or withholding would
result in death solely from dehydration or starvation rather than from the
existing terminal condition.
(e) "Person" means an individual, corporation, business trust,
estate, trust, partnership, association, government, governmental
subdivision or agency, or any other legal entity.
(f) "Physician" means a person licensed to practice medicine in
all its branches.
(g) "Qualified patient" means a patient who has executed a declaration
in accordance with this Act and who has been diagnosed and verified in
writing to be afflicted with a terminal condition by his or her attending
physician who has personally examined the patient. A qualified patient
has the right to make decisions regarding death delaying procedures as long
as he or she is able to do so.
(h) "Terminal condition" means an incurable and irreversible condition
which is such that death is imminent and the application of death delaying
procedures serves only to prolong the dying process.
(Source: P.A. 101-163, eff. 1-1-20.)
Notes of Decisions
Cited in 2
cases, 1998–1998 · leading case: People v. Caldwell, 692 N.E.2d 448 (Ill. App. Ct. 1998).
People v. Caldwell, 692 N.E.2d 448 (Ill. App. Ct. 1998). “” 755 ILCS 35/2(h) (West 1992). Defendant argues this statute provides a procedure for withdrawal of life support only for terminally ill adults who are at the point where death is imminent.”
People v. Caldwell (Ill. App. Ct. 1998). “" 755 ILCS 35/2(h) (West 1992). Defendant argues this statute provides a procedure for withdrawal of life support only for terminally ill adults who are at the point where death is imminent.”
— 755 ILCS 35/2(h) — 2 cases
People v. Caldwell, 692 N.E.2d 448 (Ill. App. Ct. 1998). “” 755 ILCS 35/2(h) (West 1992). Defendant argues this statute provides a procedure for withdrawal of life support only for terminally ill adults who are at the point where death is imminent.”
People v. Caldwell (Ill. App. Ct. 1998). “" 755 ILCS 35/2(h) (West 1992). Defendant argues this statute provides a procedure for withdrawal of life support only for terminally ill adults who are at the point where death is imminent.”
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