# 77 Ill. Adm. Code 340.1540: Section 340.1540 Life-Sustaining Treatments

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P340_S340_1540

## Section

- **Citation:** 77 Ill. Adm. Code 340.1540
- **Heading:** Section 340.1540 Life-Sustaining Treatments
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 77 PUBLIC HEALTH / CHAPTER I: DEPARTMENT OF PUBLIC HEALTH / Part 340 ILLINOIS VETERANS' HOMES CODE / Section 340.1540 Life-Sustaining Treatments

## Text

Section 340
Section 340.1540
Life-Sustaining Treatments
a)         Every facility shall respect the residents' right to make
decisions relating to their own medical treatment, including the right to
accept, reject, or limit life-sustaining treatment. Every facility shall
establish a policy concerning the implementation of such rights. Included
within this policy shall be:
1)         implementation of Living Wills or Powers of Attorney for
Health Care in accordance with the Living Will Act (Ill. Rev. Stat. 1991, ch.
110 ½, pars. 701 et seq.) [755 ILCS 35] and the Powers of Attorney for Health
Care Law (Ill. Rev. Stat. 1991, ch. 110 ½, pars. 804-1 et seq.) [755 ILCS
45/Art. IV];
2)
the implementation of physician orders limiting
resuscitation such as those commonly referred to as
"Do-Not-Resuscitate" orders.  This policy may only prescribe the
format, method of documentation and duration of any physician orders limiting
resuscitation.  Any orders under this policy shall be honored by the facility;
(Section 2-104.2 of the Act)
3)         procedures for providing life-sustaining treatments available
to residents at the facility;
4)         procedures detailing staff's responsibility with respect to
the provision of life-sustaining treatment when a resident has chosen to
accept, reject, or limit life-sustaining treatment, or when a resident has failed
or has not yet been given the opportunity to make these choices; and
5)         procedures for educating both direct and indirect care staff
in the application of those specific provisions of the policy for which they
are responsible.
b)         For the purposes of this Section:
1)         "Agent" means a person acting under a Health Care
Power of Attorney in accordance with the Powers of Attorney for Health Care
Law;
2)         "Life-sustaining treatment" means any medical
treatment, procedure, or intervention that, in the judgement of the attending
physician, when applied to a resident, would serve only to prolong the dying
process
For the purposes of this Section:
1)         "Agent" means a person acting under a Health Care
Power of Attorney in accordance with the Powers of Attorney for Health Care
Law;
2)         "Life-sustaining treatment" means any medical
treatment, procedure, or intervention that, in the judgement of the attending
physician, when applied to a resident, would serve only to prolong the dying
process.  Those procedures can include, but are not limited to, cardiopulmonary
resuscitation (CPR), assisted ventilation, renal dialysis, surgical procedures,
blood transfusions, and the administration of drugs, antibiotics, and
artificial nutrition and hydration.  Those procedures do not include performing
the Heimlich maneuver or clearing the airway, as indicated;
3)         "Surrogate" means a surrogate decision maker acting
in accordance with the Health Care Surrogate Act (Ill. Rev. Stat. 1991, ch. 110
½, pars. 851-1 et seq.) [755 ILCS 40].
c)         Within 30 days of admission for new residents, and within one
year of the effective date of this Section for all residents who were admitted
prior to the effective date of this Section, residents, agents, or surrogates
shall be given written information describing the facility's policies required
by this Section and shall be given the opportunity to:
1)         execute a Living Will or Power of Attorney for Health Care in
accordance with State law, if they have not already done so; and/or
2)         decline consent to any or all of the life-sustaining
treatments available at the facility.
d)         Any decision made by a resident, an agent, or a surrogate
pursuant to subsection (c) above must be recorded in the resident's medical
record.  Any subsequent changes or modifications must also be recorded in the
medical record
with State law, if they have not already done so; and/or
2)         decline consent to any or all of the life-sustaining
treatments available at the facility.
d)         Any decision made by a resident, an agent, or a surrogate
pursuant to subsection (c) above must be recorded in the resident's medical
record.  Any subsequent changes or modifications must also be recorded in the
medical record.
e)         The facility shall honor all decisions made by a resident, an
agent, or a surrogate pursuant to subsection (c) above and may not discriminate
in the provision of health care on the basis of such decision or will transfer
care in accordance with the Living Will Act, the Powers of Attorney for Health
Care Law, the Health Care Surrogate Act or the Right of Conscience Act (Ill.
Rev. Stat. 1991, ch. 111 ½, pars. 5301 et seq.) [745 ILCS 70].
f)         The resident, agent, or surrogate may change his or her
decision regarding life-sustaining treatments by notifying the treating
facility of this decision change orally or in writing in accordance with State
law.
g)         The physician shall confirm the resident's choice by writing
appropriate orders in the patient record or will transfer care in accordance
with the Living Will Act, the Powers of Attorney for Health Care Law, the
Health Care Surrogate Act or the Right of Conscience Act.
h)         If no choice is made pursuant to subsection (c) above, and in
the absence of any physician's order to the contrary, then the facility's
policy with respect to the provision of life-sustaining treatment shall control
until and if such a decision is made by the resident, agent, or surrogate in
accordance with the requirements of the Health Care Surrogate Act.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P340_S340_1540. Check the current official text before relying on it. Not legal advice.
