Public Act 102-0096
 
SB0363 EnrolledLRB102 03894 CPF 13909 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Secretary of State Act is amended  by adding 
Section 35 as follows:
 
    (15 ILCS 305/35 new)
    Sec. 35. Task Force on Best Practices and Licensing of 
Non-Transplant Organ Donation Organizations.
    (a)  The General Assembly finds and declares that:
        (1) Non-transplant organ donation organizations that 
    accept or process whole body donations or body parts not 
    for transplantation owe a duty of transparency and 
    safekeeping to the donor and his or her next of kin. 
    Medical and scientific research is critical to a continued 
    understanding of the human body, disease, and training the 
    next generation of medical professionals, funeral home 
    directors, coroners, and mortuary students. Non-transplant 
    organ donation organizations do not include organizations 
    that receive body parts for the purposes of 
    transplantation.
        (2) Recently, non-transplant organizations that 
    receive or process whole body donation or body part 
    donation not for transplantation purposes, have misused or 
    mishandled donor bodies and body parts.
        (3) Neither State nor federal law adequately regulates 
    this industry. 
    (b) As used in this Section, "Task Force" means the Task 
Force on Best Practices and Licensing of Non-Transplant Organ 
Donation Organizations. 
    (c) There is created a Task Force on Best Practices and 
Licensing of Non-Transplant Organ Donation Organizations to 
review and report on national standards for best practices in 
relation to the licensing and regulation of organizations that 
solicit or accept non-transplantation whole bodies and body 
parts, including licensing standards, State regulation, 
identification of bodies and body parts, and sanctions. The 
goal of the Task Force is to research the industry, 
investigate State and local standards, and provide 
recommendations to the General Assembly and Office of the 
Governor.
    (d) The Task Force's report shall include, but not be 
limited to, standards for organizations that accept whole body 
and body part donation, the application process for licensure, 
best practices regarding consent, the identification, 
labeling, handling and return of bodies and body parts to 
ensure proper end-use and return to the next of kin, and best 
practices for ensuring donors and next of kin are treated with 
transparency and dignity.  The report shall also evaluate and 
make a recommendation as to the area of State government most 
appropriate for licensing organizations and regulation of the 
industry. The report shall also make a recommendation on 
legislation to enact the findings of the Task Force.
    (e) The Task Force shall meet no less than 5 times between 
the effective date of this amendatory Act of the 102nd General 
Assembly and December 31, 2021. The Task Force shall prepare a 
report that summarizes its work and makes recommendations 
resulting from its review.  The Task Force shall submit the 
report of its findings and recommendations to the Governor and 
General Assembly no later than January 15, 2022.
    (f) The Task Force shall consist of the following 8 
members:
        (1) the Secretary of State or his or her designee;
        (2)  one member appointed by the Secretary of State 
    from the Department of Organ Donor of the Office of the 
    Secretary of State;
        (3) one member appointed by the President of the 
    Senate;
        (4) one member appointed by the Minority Leader of the 
    Senate;
        (5) one member appointed by the Speaker of the House 
    of Representatives;
        (6) one member appointed by the Minority Leader of the 
    House of Representatives;
        (7) one member appointed by the Director of Public 
    Health; and
        (8) one member from a University or Mortuary School 
    that has experience in receiving whole body donations, 
    appointed by the Governor.
    (g) The Secretary of State shall designate which member 
shall serve as chairperson and facilitate the Task Force. The 
members of the Task Force shall be appointed no later than 90 
days after the effective date of this amendatory Act of the 
102nd General Assembly. Vacancies in the membership of the 
Task Force shall be filled in the same manner as the original 
appointment. The members of the Task Force shall not receive 
compensation for serving as members of the Task Force.
    (h) The Office of the Secretary of State shall provide the 
Task Force with administrative and other support.
    (i) This Section is repealed on July 1, 2022. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.