§ 4-9 — Penalties

All persons shall be subject to the following sanctions in relation to health care agencies, in addition to all other sanctions applicable under any other law or rule of professional conduct: (a) Any person shall be civilly liable who, without the principal's consent: (i) wilfully conceals, cancels, or alters a health care agency or any amendment or revocation of the agency; (ii) falsifies or forges a health care agency, amendment, or revocation; or (iii) enters information in an electronic system under the persona of the principal. (b) A person who falsifies or forges a health care agency, enters information in an electronic system under the persona of the principal, or wilfully conceals or withholds personal knowledge of an amendment or revocation of a health care agency with the intent to cause a withholding or withdrawal of life-sustaining or death-delaying procedures contrary to the intent of the principal and thereby, because of such act, directly causes life-sustaining or death-delaying procedures to be withheld or withdrawn and death to the patient to be hastened shall be subject to prosecution for involuntary manslaughter. (c) Any person who requires or prevents execution of a health care agency as a condition of insuring or providing any type of health care services to the patient shall be civilly liable and guilty of a Class A misdemeanor.

Legislative History

(Source: P.A. 101-163, eff. 1-1-20 .)