Illinois General Assembly - Bill Status for HB0158

Creates the Human Tissue Transfer Act. Sets forth definitions. Provides that the living donor from whom the human tissue specimen was physically removed is the owner of that human tissue specimen prior to removal and that to transfer ownership of a human tissue specimen from a living donor to another party requires the written agreement as set forth in the Act if that other party is a physician. Provides that ownership of human tissue specimens that are physically removed from a living donor resides in the party who has signed and complied with the conditions of the agreement in the Act if that party is a physician. Provides that when the agreement set forth in the Act has been fully executed by the living donor and a physician and the human tissue specimens have been physically removed prior to the death of the living donor, but the payment required by the agreement has not been made prior to the death of the donor, the payment shall be made to the successor in interest. Sets forth provisions concerning the misappropriation of human tissue specimens, remedies, actions for misappropriation, the applicability of the Act, the scope of the human tissue agreement, and the form of the agreement.

Replaces everything after the enacting clause. Amends the Medical Patient Rights Act. Includes in the definition of "patient" any person who is the subject of a research program or an experimental procedure, as defined under the rules and regulations adopted pursuant to the Hospital Licensing Act. Provides that if human tissue is removed from a patient by a physician or health care provider for the purpose of pursuing commercial research, then certain guidelines shall be followed. Defines "human tissue" to mean blood, plasma, blood products or derivatives, other bodily fluids, or hair taken from a living natural person for commercial research use not to be transplanted directly into another human body. Provides that nothing in the provision concerning the commercial use of human tissue shall be construed to (1) limit the use of human tissue, organs, cadavers, or any other biological specimen in non-commercial medical or scientific research, education, treatment, or diagnosis or (2) limit or supersede organ or tissue donation as permitted by law. Amends the Criminal Code of 2012. Specifies that, with regard to the prohibition against the sale of body parts, the exemption for the purchase or sale of blood, plasma, blood products or derivatives, other body fluids, or human hair includes those removed pursuant to the provision of the Medical Patient Rights Act concerning the commercial use of human tissue. Effective September 1, 2013.

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