The following describes how one fictional patient diagnosed with cancer may consider how the Illinois End-of-Life Options for Terminally Ill Patients Act or “Deb’s Law” could affect them.  It is not intended to represent any known person or to encompass all perspectives, nor is it intended to be a complete description of applicable law.

Jane has cancer.  It’s advanced, but not terminal at this point and hopefully never will be. There are treatment options and Jane plans to pursue them.  She wants to live a long life. But she also knows that her cancer may someday fail to respond to available therapies and that she could find herself out of treatment options.  She’s thinking about what she’ll do if that happens and what she may need to do to prepare.  

Jane explores options for pain control, comfort care, palliative care and hospice and talks with her doctor about potential treatments. She wants to know what her options are and how to request them, if and when she needs them.  Jane has heard about “Aid in Dying” (“AID”) medication and wonders if this is something she might consider, and under what, if any, circumstances.   

Jane is a resident of Illinois and finds out that the Illinois End-of-Life Options for Terminally Ill Patients Act, also known as “Deb’s Law,” went into effect on September 12, 2026.  She learns the new law is intended to provide an additional end-of-life option for patients with a terminal illness.  Jane wants to know more about it.  

Jane learns that the new law allows an adult Illinois resident, like Jane, who has the mental capacity to make medical decisions and who has a terminal disease with a prognosis of six months or fewer to live (a “Qualified Patient”) to request that their Attending Physician provide a prescription for AID medication that will end their life in a peaceful manner.  In Deb’s Law, the Illinois General Assembly notes that the availability of medical aid in dying provides an additional option for individuals who seek to retain their autonomy and to exert some level of control over the progression of their disease as they near the end of life or to ease unnecessary pain and suffering.  The patient must be able to make an informed decision, be free of coercion or undue influence and, if they choose to request and take the medication, must self-administer it.  Under Deb’s Law, the use of AID medication is not considered suicide or homicide. 

Jane decides to discuss AID medication with her Attending Physician, Dr. Smith, an oncologist. She explains to Dr. Smith that she has not made a decision about whether and under what circumstances she would request AID medication, but wants to know if it would be available to her if her disease becomes terminal and her life expectancy is less than 6 months.  She asks Dr. Smith whether, should this occur, he would be willing to prescribe AID medication if Jane requests it. Dr. Smith informs Jane that he is willing and able to prescribe AID medication, if and when Jane requests it, provided he determines that Jane is a Qualified Patient under Deb’s Law.  

[While Dr. Smith has chosen to prescribe AID medication to his Qualified Patients who request it as provided under the new law, not all Illinois Attending Physicians will be willing to do so. In the event an Attending Physician chooses not to prescribe AID medication, the law provides that the physician must so inform the patient and cooperate with a transfer of care, if requested by the patient.  The law also provides that the physician who chooses not to provide prescriptions for AID medication refer the patient to another health professional who is able and willing to evaluate the patient and determine whether the patient is a “Qualified Patient” under the law, or refer the patient to an individual or entity that will help the patient to seek AID medication services. Note that some provisions of Deb’s Law have recently been challenged in the courts and may be subject to court orders or decisions affecting their implementation.]

Dr. Smith explains that before he can write an AID prescription, Jane must make an oral request for the medication. Dr. Smith must then inform Jane of: her diagnosis and prognosis; the potential risks and benefits associated with taking the medication to be prescribed; the probable result of taking the medication; the alternative end-of-life care options for Jane’s terminal disease (including comfort care, hospice care, palliative care and pain control and the risks and benefits of each); Jane’s right to withdraw a request or to consent for any other treatment, at any time; and, Jane’s right to choose not to obtain the prescribed medication or to choose not to ingest it, even if she obtains it.  After making an oral request for AID medication, Jane would need to make her request in writing in a form that satisfies the requirements of Deb’s Law.  Except in certain circumstances, she must wait at least 5 days and then repeat the oral request. 

Dr. Smith explains that, in addition to requiring that he determine that Jane is a “Qualified Patient,” Deb’s Law requires that he refer Jane to a “Consulting Physician” for evaluation and written medical confirmation that Jane has a terminal condition with a prognosis of 6 months or less to live and that Jane possesses the mental capacity to make medical decisions and is acting free from coercion or undue influence.  

Dr. Smith explains that if he or the Consulting Physician has concerns about Jane’s ability to make an informed decision, they must refer Jane to a Licensed Mental Health Professional (“LMHP”).  This LMHP must provide a written determination whether Jane has the ability to make an informed decision before Dr. Smith can proceed to write the prescription for AID medication.  

Dr. Smith explains that Deb’s Law requires that he offer Jane an opportunity to rescind her request for the medication and that he explain the recommended procedure for self-administering the medication and for safely storing and disposing of it. Dr. Smith will inform Jane of the benefits of notifying her next of kin regarding her decision to request the medication, the need to self-administer it in a non-public place, and the importance of having another person present when she self-administers the AID medication.  After all of these requirements are met, Dr. Smith may deliver the prescription for AID medication to a pharmacist, to Jane or to Jane’s designated representative, so that the prescription can be filled and the medication may be dispensed.

Jane wants to consider this information and to discuss her potential wishes with the persons closest to her. Jane hopes that she will never need to reach a decision whether to request AID medication, but she adds the possibility to the list of options she may potentially consider should her condition become terminal with a prognosis of six months or fewer to live.  In the meantime, she will continue to work with her providers to achieve her best outcome.   

The above is not intended as a substitute for professional advice.  Please review the full text of Deb’s Law and any regulations and court decisions that may be issued and consult your physician and counsel as appropriate.