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Public Act 093-0737
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| HB3857 Enrolled |
LRB093 13547 RLC 18894 b |
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AN ACT in relation to transplants.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing
Section 2310-330 as follows:
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(20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
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Sec. 2310-330. Sperm and tissue bank registry; AIDS test |
for donors;
penalties.
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(a) The Department shall establish a registry of all sperm
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banks and tissue banks operating in this State. All sperm banks |
and tissue
banks operating in this State
shall register with |
the Department by May 1 of each year. Any person,
hospital, |
clinic, corporation, partnership, or other legal entity that
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operates a sperm bank or tissue bank in this State and fails to |
register with
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Department pursuant to this Section commits a |
business offense and shall be
subject to a fine of $5000.
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(b) All donors
of semen for purposes of artificial |
insemination, or donors of corneas,
bones, organs, or other |
human tissue for the purpose of injecting,
transfusing, or |
transplanting any of them in the human body, shall be
tested |
for
evidence of exposure to human immunodeficiency virus (HIV)
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and any other identified causative agent of acquired |
immunodeficiency
syndrome (AIDS) at the time of or after the |
donation but prior to the
semen, corneas, bones, organs, or |
other human tissue being made available for
that use.
However, |
when in the opinion of the attending physician the life of a
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recipient of a bone, organ, or other human tissue donation |
would be
jeopardized by delays caused by testing for evidence |
of exposure to HIV and
any other causative agent of AIDS, |
testing shall not be required.
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(c) Except as otherwise provided in subsection (c-5), no |
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person may
intentionally, knowingly, recklessly, or |
negligently
use the semen, corneas, bones, organs, or
other |
human tissue of a donor unless the requirements of subsection |
(b)
have been met. Except as otherwise provided in subsection |
(c-5), no person
may intentionally, knowingly, recklessly, or
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negligently use the semen, corneas, bones, organs, or other |
human tissue of a
donor who
has tested positive for exposure to
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HIV or any other identified causative agent of AIDS. Violation |
of
this subsection (c) shall be a Class 4 felony.
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(c-5) It is not a violation of this Section for a person to |
perform a solid
organ transplant
of an organ from an HIV |
infected donor to a person who has tested positive for
exposure
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to HIV or any other identified causative agent of AIDS and who |
is in immediate
threat of
death unless the transplant is |
performed. A tissue bank that provides an organ
from an
HIV |
infected donor under this subsection (c-5) may not be |
criminally or civilly
liable for
the furnishing of that organ |
under this subsection (c-5).
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(d) For the purposes of this Section: ,
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"Human tissue" shall not be
construed to mean whole blood |
or its component parts.
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For the purposes of
this Section, "Tissue bank" means any |
facility or
program that is involved in procuring, furnishing, |
donating, processing, or
distributing corneas, bones, organs, |
or other human tissue for the purpose
of injecting, |
transfusing, or transplanting any of them in the human body.
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"Solid organ transplant" means the surgical |
transplantation of internal
organs including, but not limited |
to, the liver, kidney, pancreas, lungs, or
heart.
"Solid
organ |
transplant" does not mean a bone marrow based transplant or a |
blood
transfusion.
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"HIV infected donor" means a deceased donor who was |
infected with HIV or a living donor known to be infected with |
HIV and who is willing to donate a part or all of one or more of |
his or her organs. A determination of the donor's HIV infection |
is made by the donor's medical history or by specific tests |