Public Act 0794 93RD GENERAL ASSEMBLY

SB1412 Enrolled LRB093 10132 LCB 10385 b

Public Act 093-0794

AN ACT concerning anatomical gifts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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:

(20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)

Sec. 2310-330. Sperm and tissue bank registry; AIDS test

for donors; penalties.

(a) The Department shall establish a registry of all sperm

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

operates a sperm bank or tissue bank in this State and fails to

register with the Department pursuant to this Section commits a

business offense and shall be subject to a fine of $5000.

(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)

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

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.

(c) No 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. No person may intentionally, knowingly,

recklessly, or negligently use the semen, corneas, bones,

organs, or other human tissue of a donor who has tested

positive for exposure to HIV or any other identified causative

agent of AIDS. Violation of this subsection (c) shall be a

Class 4 felony.

(d) For the purposes of this Section, "human tissue" shall

not be construed to mean organs or whole blood or its component

parts.

For the purposes of this Section, "tissue bank" has the

same meaning as set forth in the Illinois Anatomical Gift Act.

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.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 10. The School Code is amended by changing Section

27-23.5 as follows:

(105 ILCS 5/27-23.5)

Sec. 27-23.5. Organ/tissue donor and transplantation

programs. Each school district that maintains grades 9 and 10

may include in its curriculum and teach to the students of

either such grade one unit of instruction on organ/tissue donor

and transplantation programs. No student shall be required to

take or participate in instruction on organ/tissue donor and

transplantation programs if a parent or guardian files written

objection thereto on constitutional grounds, and refusal to

take or participate in such instruction on those grounds shall

not be reason for suspension or expulsion of a student or

result in any academic penalty.

The regional superintendent of schools in which a school

district that maintains grades 9 and 10 is located shall obtain

and distribute make available to each the school in his or her

board of the district information and data that may be used by

the school district in developing a unit of instruction under

this Section. However, each school board shall determine the

minimum amount of instructional time that shall qualify as a

unit of instruction satisfying the requirements of this

Section.

(Source: P.A. 90-635, eff. 7-24-98.)

Section 15. The Hospital Licensing Act is amended by

changing Sections 6.16 and 10.4 as follows:

(210 ILCS 85/6.16)

Sec. 6.16. Agreement with designated organ procurement

agency. Each hospital licensed under this Act shall have an

agreement with its federally designated organ procurement

agency providing for notification of the organ procurement

agency when potential organ donors become available, as

required in Section 5-25 of the Illinois Anatomical Gift Act 2

of the Organ Donation Request Act.

(Source: P.A. 89-393, eff. 8-20-95.)

(210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)

Sec. 10.4. Medical staff privileges.

(a) Any hospital licensed under this Act or any hospital

organized under the University of Illinois Hospital Act shall,

prior to the granting of any medical staff privileges to an

applicant, or renewing a current medical staff member's

privileges, request of the Director of Professional Regulation

information concerning the licensure status and any

disciplinary action taken against the applicant's or medical

staff member's license, except for medical personnel who enter

a hospital to obtain organs and tissues for transplant from a

deceased donor in accordance with the Illinois Uniform

Anatomical Gift Act. The Director of Professional Regulation

shall transmit, in writing and in a timely fashion, such

information regarding the license of the applicant or the

medical staff member, including the record of imposition of any

periods of supervision or monitoring as a result of alcohol or

substance abuse, as provided by Section 23 of the Medical

Practice Act of 1987, and such information as may have been

submitted to the Department indicating that the application or

medical staff member has been denied, or has surrendered,

medical staff privileges at a hospital licensed under this Act,

or any equivalent facility in another state or territory of the

United States. The Director of Professional Regulation shall

define by rule the period for timely response to such requests.

No transmittal of information by the Director of

Professional Regulation, under this Section shall be to other

than the president, chief operating officer, chief

administrative officer, or chief of the medical staff of a

hospital licensed under this Act, a hospital organized under

the University of Illinois Hospital Act, or a hospital operated

by the United States, or any of its instrumentalities. The

information so transmitted shall be afforded the same status as

is information concerning medical studies by Part 21 of Article

VIII of the Code of Civil Procedure, as now or hereafter

amended.

(b) All hospitals licensed under this Act, except county

hospitals as defined in subsection (c) of Section 15-1 of the

Illinois Public Aid Code, shall comply with, and the medical

staff bylaws of these hospitals shall include rules consistent

with, the provisions of this Section in granting, limiting,

renewing, or denying medical staff membership and clinical

staff privileges. Hospitals that require medical staff members

to possess faculty status with a specific institution of higher

education are not required to comply with subsection (1) below

when the physician does not possess faculty status.

(1) Minimum procedures for pre-applicants and

applicants for medical staff membership shall include the

following:

(A) Written procedures relating to the acceptance

and processing of pre-applicants or applicants for

medical staff membership, which should be contained in

medical staff bylaws.

(B) Written procedures to be followed in

determining a pre-applicant's or an applicant's

qualifications for being granted medical staff

membership and privileges.

(C) Written criteria to be followed in evaluating a

pre-applicant's or an applicant's qualifications.

(D) An evaluation of a pre-applicant's or an

applicant's current health status and current license

status in Illinois.

(E) A written response to each pre-applicant or

applicant that explains the reason or reasons for any

adverse decision (including all reasons based in whole

or in part on the applicant's medical qualifications or

any other basis, including economic factors).

(2) Minimum procedures with respect to medical staff

and clinical privilege determinations concerning current

members of the medical staff shall include the following:

(A) A written notice of an adverse decision.

(B) An explanation of the reasons for an adverse

decision including all reasons based on the quality of

medical care or any other basis, including economic

factors.

(C) A statement of the medical staff member's right

to request a fair hearing on the adverse decision

before a hearing panel whose membership is mutually

agreed upon by the medical staff and the hospital

governing board. The hearing panel shall have

independent authority to recommend action to the

hospital governing board. Upon the request of the

medical staff member or the hospital governing board,

the hearing panel shall make findings concerning the

nature of each basis for any adverse decision

recommended to and accepted by the hospital governing

board.

(i) Nothing in this subparagraph (C) limits a

hospital's or medical staff's right to summarily

suspend, without a prior hearing, a person's

medical staff membership or clinical privileges if

the continuation of practice of a medical staff

member constitutes an immediate danger to the

public, including patients, visitors, and hospital

employees and staff. A fair hearing shall be

commenced within 15 days after the suspension and

completed without delay.

(ii) Nothing in this subparagraph (C) limits a

medical staff's right to permit, in the medical

staff bylaws, summary suspension of membership or

clinical privileges in designated administrative

circumstances as specifically approved by the

medical staff. This bylaw provision must

specifically describe both the administrative

circumstance that can result in a summary

suspension and the length of the summary

suspension. The opportunity for a fair hearing is

required for any administrative summary

suspension. Any requested hearing must be

commenced within 15 days after the summary

suspension and completed without delay. Adverse

decisions other than suspension or other

restrictions on the treatment or admission of

patients may be imposed summarily and without a

hearing under designated administrative

circumstances as specifically provided for in the

medical staff bylaws as approved by the medical

staff.

(iii) If a hospital exercises its option to

enter into an exclusive contract and that contract

results in the total or partial termination or

reduction of medical staff membership or clinical

privileges of a current medical staff member, the

hospital shall provide the affected medical staff

member 60 days prior notice of the effect on his or

her medical staff membership or privileges. An

affected medical staff member desiring a hearing

under subparagraph (C) of this paragraph (2) must

request the hearing within 14 days after the date

he or she is so notified. The requested hearing

shall be commenced and completed (with a report and

recommendation to the affected medical staff

member, hospital governing board, and medical

staff) within 30 days after the date of the medical

staff member's request. If agreed upon by both the

medical staff and the hospital governing board,

the medical staff bylaws may provide for longer

time periods.

(D) A statement of the member's right to inspect

all pertinent information in the hospital's possession

with respect to the decision.

(E) A statement of the member's right to present

witnesses and other evidence at the hearing on the

decision.

(F) A written notice and written explanation of the

decision resulting from the hearing.

(F-5) A written notice of a final adverse decision

by a hospital governing board.

(G) Notice given 15 days before implementation of

an adverse medical staff membership or clinical

privileges decision based substantially on economic

factors. This notice shall be given after the medical

staff member exhausts all applicable procedures under

this Section, including item (iii) of subparagraph (C)

of this paragraph (2), and under the medical staff

bylaws in order to allow sufficient time for the

orderly provision of patient care.

(H) Nothing in this paragraph (2) of this

subsection (b) limits a medical staff member's right to

waive, in writing, the rights provided in

subparagraphs (A) through (G) of this paragraph (2) of

this subsection (b) upon being granted the written

exclusive right to provide particular services at a

hospital, either individually or as a member of a

group. If an exclusive contract is signed by a

representative of a group of physicians, a waiver

contained in the contract shall apply to all members of

the group unless stated otherwise in the contract.

(3) Every adverse medical staff membership and

clinical privilege decision based substantially on

economic factors shall be reported to the Hospital

Licensing Board before the decision takes effect. These

reports shall not be disclosed in any form that reveals the

identity of any hospital or physician. These reports shall

be utilized to study the effects that hospital medical

staff membership and clinical privilege decisions based

upon economic factors have on access to care and the

availability of physician services. The Hospital Licensing

Board shall submit an initial study to the Governor and the

General Assembly by January 1, 1996, and subsequent reports

shall be submitted periodically thereafter.

(4) As used in this Section:

"Adverse decision" means a decision reducing,

restricting, suspending, revoking, denying, or not

renewing medical staff membership or clinical privileges.

"Economic factor" means any information or reasons for

decisions unrelated to quality of care or professional

competency.

"Pre-applicant" means a physician licensed to practice

medicine in all its branches who requests an application

for medical staff membership or privileges.

"Privilege" means permission to provide medical or

other patient care services and permission to use hospital

resources, including equipment, facilities and personnel

that are necessary to effectively provide medical or other

patient care services. This definition shall not be

construed to require a hospital to acquire additional

equipment, facilities, or personnel to accommodate the

granting of privileges.

(5) Any amendment to medical staff bylaws required

because of this amendatory Act of the 91st General Assembly

shall be adopted on or before July 1, 2001.

(c) All hospitals shall consult with the medical staff

prior to closing membership in the entire or any portion of the

medical staff or a department. If the hospital closes

membership in the medical staff, any portion of the medical

staff, or the department over the objections of the medical

staff, then the hospital shall provide a detailed written

explanation for the decision to the medical staff 10 days prior

to the effective date of any closure. No applications need to

be provided when membership in the medical staff or any

relevant portion of the medical staff is closed.

(Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98; 90-655,

eff. 7-30-98; 91-166, eff. 1-1-00.)

Section 20. The AIDS Confidentiality Act is amended by

changing Section 7 as follows:

(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)

Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5

and 6 of this Act, written informed consent is not required for

a health care provider or health facility to perform a test

when the health care provider or health facility procures,

processes, distributes or uses a human body part donated for a

purpose specified under the Illinois Uniform Anatomical Gift

Act, or semen provided prior to the effective date of this Act

for the purpose of artificial insemination, and such a test is

necessary to assure medical acceptability of such gift or semen

for the purposes intended.

(b) Written informed consent is not required for a health

care provider or health facility to perform a test when a

health care provider or employee of a health facility, or a

firefighter or an EMT-A, EMT-I or EMT-P, is involved in an

accidental direct skin or mucous membrane contact with the

blood or bodily fluids of an individual which is of a nature

that may transmit HIV, as determined by a physician in his

medical judgment. Should such test prove to be positive, the

patient and the health care provider, health facility employee,

firefighter, EMT-A, EMT-I, or EMT-P shall be provided

appropriate counseling consistent with this Act.

(c) Written informed consent is not required for a health

care provider or health facility to perform a test when a law

enforcement officer is involved in the line of duty in a direct

skin or mucous membrane contact with the blood or bodily fluids

of an individual which is of a nature that may transmit HIV, as

determined by a physician in his medical judgment. Should such

test prove to be positive, the patient shall be provided

appropriate counseling consistent with this Act. For purposes

of this subsection (c), "law enforcement officer" means any

person employed by the State, a county or a municipality as a

policeman, peace officer, auxiliary policeman, correctional

officer or in some like position involving the enforcement of

the law and protection of the public interest at the risk of

that person's life.

(Source: P.A. 86-887; 86-891; 86-1028; 87-459.)

Section 25. The Illinois Vehicle Code is amended by

changing Sections 6-110 and 12-215 as follows:

(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)

Sec. 6-110. Licenses issued to drivers.

(a) The Secretary of State shall issue to every qualifying

applicant a driver's license as applied for, which license

shall bear a distinguishing number assigned to the licensee,

the name, social security number, zip code, date of birth,

address, and a brief description of the licensee, and a space

where the licensee may write his usual signature.

If the licensee is less than 17 years of age, the license

shall, as a matter of law, be invalid for the operation of any

motor vehicle during any time the licensee is prohibited from

being on any street or highway under the provisions of the

Child Curfew Act.

Licenses issued shall also indicate the classification and

the restrictions under Section 6-104 of this Code.

In lieu of the social security number, the Secretary may in

his discretion substitute a federal tax number or other

distinctive number.

A driver's license issued may, in the discretion of the

Secretary, include a suitable photograph of a type prescribed

by the Secretary.

(b) The Secretary of State shall provide a format on the

reverse of each driver's license issued which the licensee may

use to execute a document of gift conforming to the provisions

of the Illinois Uniform Anatomical Gift Act. The format shall

allow the licensee to indicate the gift intended, whether

specific organs, any organ, or the entire body, and shall

accommodate the signatures of the donor and 2 witnesses. The

Secretary shall also inform each applicant or licensee of this

format, describe the procedure for its execution, and may offer

the necessary witnesses; provided that in so doing, the

Secretary shall advise the applicant or licensee that he or she

is under no compulsion to execute a document of gift. A

brochure explaining this method of executing an anatomical gift

document shall be given to each applicant or licensee. The

brochure shall advise the applicant or licensee that he or she

is under no compulsion to execute a document of gift, and that

he or she may wish to consult with family, friends or clergy

before doing so. The Secretary of State may undertake

additional efforts, including education and awareness

activities, to promote organ and tissue donation.

(c) The Secretary of State shall designate on each driver's

license issued a space where the licensee may place a sticker

or decal of the uniform size as the Secretary may specify,

which sticker or decal may indicate in appropriate language

that the owner of the license carries an Emergency Medical

Information Card.

The sticker may be provided by any person, hospital,

school, medical group, or association interested in assisting

in implementing the Emergency Medical Information Card, but

shall meet the specifications as the Secretary may by rule or

regulation require.

(d) The Secretary of State shall designate on each driver's

license issued a space where the licensee may indicate his

blood type and RH factor.

(e) The Secretary of State shall provide that each original

or renewal driver's license issued to a licensee under 21 years

of age shall be of a distinct nature from those driver's

licenses issued to individuals 21 years of age and older. The

color designated for driver's licenses for licensees under 21

years of age shall be at the discretion of the Secretary of

State.

(e-1) The Secretary shall provide that each driver's

license issued to a person under the age of 21 displays the

date upon which the person becomes 18 years of age and the date

upon which the person becomes 21 years of age.

(f) The Secretary of State shall inform all Illinois

licensed commercial motor vehicle operators of the

requirements of the Uniform Commercial Driver License Act,

Article V of this Chapter, and shall make provisions to insure

that all drivers, seeking to obtain a commercial driver's

license, be afforded an opportunity prior to April 1, 1992, to

obtain the license. The Secretary is authorized to extend

driver's license expiration dates, and assign specific times,

dates and locations where these commercial driver's tests shall

be conducted. Any applicant, regardless of the current

expiration date of the applicant's driver's license, may be

subject to any assignment by the Secretary. Failure to comply

with the Secretary's assignment may result in the applicant's

forfeiture of an opportunity to receive a commercial driver's

license prior to April 1, 1992.

(g) The Secretary of State shall designate on a driver's

license issued, a space where the licensee may indicate that he

or she has drafted a living will in accordance with the

Illinois Living Will Act or a durable power of attorney for

health care in accordance with the Illinois Power of Attorney

Act.

(g-1) The Secretary of State, in his or her discretion, may

designate on each driver's license issued a space where the

licensee may place a sticker or decal, issued by the Secretary

of State, of uniform size as the Secretary may specify, that

shall indicate in appropriate language that the owner of the

license has renewed his or her driver's license.

(h) A person who acts in good faith in accordance with the

terms of this Section is not liable for damages in any civil

action or subject to prosecution in any criminal proceeding for

his or her act.

(Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)

(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)

(Text of Section before amendment by P.A. 92-872)

Sec. 12-215. Oscillating, rotating or flashing lights on

motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating or

flashing lights, whether lighted or unlighted, is prohibited

except on:

1. Law enforcement vehicles of State, Federal or local

authorities;

2. A vehicle operated by a police officer or county

coroner and designated or authorized by local authorities,

in writing, as a law enforcement vehicle; however, such

designation or authorization must be carried in the

vehicle;

3. Vehicles of local fire departments and State or

federal firefighting vehicles;

4. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles; furthermore, such lights

shall not be lighted except when responding to an emergency

call for and while actually conveying the sick or injured;

5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on

any such tow truck while the tow truck is operating in the

State of Illinois;

6. Vehicles of the Illinois Emergency Management

Agency, and vehicles of the Department of Nuclear Safety;

and

7. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act; and .

8. Vehicles that are equipped and used exclusively as

organ transplant vehicles when used in combination with

blue oscillating, rotating, or flashing lights;

furthermore, these lights shall be lighted only when the

transportation is declared an emergency by a member of the

transplant team or a representative of the organ

procurement organization.

(b) The use of amber oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Second division vehicles designed and used for

towing or hoisting vehicles; furthermore, such lights

shall not be lighted except as required in this paragraph

1; such lights shall be lighted when such vehicles are

actually being used at the scene of an accident or

disablement; if the towing vehicle is equipped with a flat

bed that supports all wheels of the vehicle being

transported, the lights shall not be lighted while the

vehicle is engaged in towing on a highway; if the towing

vehicle is not equipped with a flat bed that supports all

wheels of a vehicle being transported, the lights shall be

lighted while the towing vehicle is engaged in towing on a

highway during all times when the use of headlights is

required under Section 12-201 of this Code;

2. Motor vehicles or equipment of the State of

Illinois, local authorities and contractors; furthermore,

such lights shall not be lighted except while such vehicles

are engaged in maintenance or construction operations

within the limits of construction projects;

3. Vehicles or equipment used by engineering or survey

crews; furthermore, such lights shall not be lighted except

while such vehicles are actually engaged in work on a

highway;

4. Vehicles of public utilities, municipalities, or

other construction, maintenance or automotive service

vehicles except that such lights shall be lighted only as a

means for indicating the presence of a vehicular traffic

hazard requiring unusual care in approaching, overtaking

or passing while such vehicles are engaged in maintenance,

service or construction on a highway;

5. Oversized vehicle or load; however, such lights

shall only be lighted when moving under permit issued by

the Department under Section 15-301 of this Code;

6. The front and rear of motorized equipment owned and

operated by the State of Illinois or any political

subdivision thereof, which is designed and used for removal

of snow and ice from highways;

7. Fleet safety vehicles registered in another state,

furthermore, such lights shall not be lighted except as

provided for in Section 12-212 of this Code;

8. Such other vehicles as may be authorized by local

authorities;

9. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights;

9.5. Propane delivery trucks;

10. Vehicles used for collecting or delivering mail for

the United States Postal Service provided that such lights

shall not be lighted except when such vehicles are actually

being used for such purposes;

11. Any vehicle displaying a slow-moving vehicle

emblem as provided in Section 12-205.1;

12. All trucks equipped with self-compactors or

roll-off hoists and roll-on containers for garbage or

refuse hauling. Such lights shall not be lighted except

when such vehicles are actually being used for such

purposes;

13. Vehicles used by a security company, alarm

responder, or control agency; and

14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except

when being used for security related purposes under the

direction of the superintendent of the facility where the

vehicle is located.

(c) The use of blue oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Rescue squad vehicles not owned by a fire department

and vehicles owned or fully operated by a:

voluntary firefighter;

paid firefighter;

part-paid firefighter;

call firefighter;

member of the board of trustees of a fire

protection district;

paid or unpaid member of a rescue squad;

paid or unpaid member of a voluntary ambulance

unit; or

paid or unpaid members of a local or county

emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated

or authorized by local authorities, in writing, and

carrying that designation or authorization in the

vehicle.

However, such lights are not to be lighted except when

responding to a bona fide emergency.

2. Police department vehicles in cities having a

population of 500,000 or more inhabitants.

3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights.

4. Vehicles of local fire departments and State or

federal firefighting vehicles when used in combination

with red oscillating, rotating or flashing lights.

5. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles when used in combination with

red oscillating, rotating or flashing lights; furthermore,

such lights shall not be lighted except when responding to

an emergency call.

6. Vehicles that are equipped and used exclusively as

organ transport vehicles when used in combination with red

oscillating, rotating, or flashing lights; furthermore,

these lights shall only be lighted when the transportation

is declared an emergency by a member of the transplant team

or a representative of the organ procurement organization.

7. Vehicles of the Illinois Emergency Management

Agency and vehicles of the Department of Nuclear Safety,

when used in combination with red oscillating, rotating, or

flashing lights.

8. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act, when used in combination

with red oscillating, rotating, or flashing lights.

(c-1) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a

voluntary firefighter may be equipped with flashing white

headlights and blue grill lights, which may be used only in

responding to an emergency call.

(c-2) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a paid or

unpaid member of a local or county emergency management

services agency as defined in the Illinois Emergency Management

Agency Act, may be equipped with white oscillating, rotating,

or flashing lights to be used in combination with blue

oscillating, rotating, or flashing lights, if authorization by

local authorities is in writing and carried in the vehicle.

(d) The use of a combination of amber and white

oscillating, rotating or flashing lights, whether lighted or

unlighted, is prohibited, except motor vehicles or equipment of

the State of Illinois, local authorities and contractors may be

so equipped; furthermore, such lights shall not be lighted

except while such vehicles are engaged in highway maintenance

or construction operations within the limits of highway

construction projects.

(e) All oscillating, rotating or flashing lights referred

to in this Section shall be of sufficient intensity, when

illuminated, to be visible at 500 feet in normal sunlight.

(f) Nothing in this Section shall prohibit a manufacturer

of oscillating, rotating or flashing lights or his

representative from temporarily mounting such lights on a

vehicle for demonstration purposes only.

(g) Any person violating the provisions of subsections (a),

(b), (c) or (d) of this Section who without lawful authority

stops or detains or attempts to stop or detain another person

shall be guilty of a Class 4 felony.

(h) Except as provided in subsection (g) above, any person

violating the provisions of subsections (a) or (c) of this

Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;

92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.

8-6-02; 92-820, eff. 8-21-02; revised 8-26-02.)

(Text of Section after amendment by P.A. 92-872)

Sec. 12-215. Oscillating, rotating or flashing lights on

motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating or

flashing lights, whether lighted or unlighted, is prohibited

except on:

1. Law enforcement vehicles of State, Federal or local

authorities;

2. A vehicle operated by a police officer or county

coroner and designated or authorized by local authorities,

in writing, as a law enforcement vehicle; however, such

designation or authorization must be carried in the

vehicle;

3. Vehicles of local fire departments and State or

federal firefighting vehicles;

4. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles; furthermore, such lights

shall not be lighted except when responding to an emergency

call for and while actually conveying the sick or injured;

5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on

any such tow truck while the tow truck is operating in the

State of Illinois;

6. Vehicles of the Illinois Emergency Management

Agency, and vehicles of the Department of Nuclear Safety;

and

7. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act; and .

8. Vehicles that are equipped and used exclusively as

organ transplant vehicles when used in combination with

blue oscillating, rotating, or flashing lights;

furthermore, these lights shall be lighted only when the

transportation is declared an emergency by a member of the

transplant team or a representative of the organ

procurement organization.

(b) The use of amber oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Second division vehicles designed and used for

towing or hoisting vehicles; furthermore, such lights

shall not be lighted except as required in this paragraph

1; such lights shall be lighted when such vehicles are

actually being used at the scene of an accident or

disablement; if the towing vehicle is equipped with a flat

bed that supports all wheels of the vehicle being

transported, the lights shall not be lighted while the

vehicle is engaged in towing on a highway; if the towing

vehicle is not equipped with a flat bed that supports all

wheels of a vehicle being transported, the lights shall be

lighted while the towing vehicle is engaged in towing on a

highway during all times when the use of headlights is

required under Section 12-201 of this Code;

2. Motor vehicles or equipment of the State of

Illinois, local authorities and contractors; furthermore,

such lights shall not be lighted except while such vehicles

are engaged in maintenance or construction operations

within the limits of construction projects;

3. Vehicles or equipment used by engineering or survey

crews; furthermore, such lights shall not be lighted except

while such vehicles are actually engaged in work on a

highway;

4. Vehicles of public utilities, municipalities, or

other construction, maintenance or automotive service

vehicles except that such lights shall be lighted only as a

means for indicating the presence of a vehicular traffic

hazard requiring unusual care in approaching, overtaking

or passing while such vehicles are engaged in maintenance,

service or construction on a highway;

5. Oversized vehicle or load; however, such lights

shall only be lighted when moving under permit issued by

the Department under Section 15-301 of this Code;

6. The front and rear of motorized equipment owned and

operated by the State of Illinois or any political

subdivision thereof, which is designed and used for removal

of snow and ice from highways;

7. Fleet safety vehicles registered in another state,

furthermore, such lights shall not be lighted except as

provided for in Section 12-212 of this Code;

8. Such other vehicles as may be authorized by local

authorities;

9. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights;

9.5. Propane delivery trucks;

10. Vehicles used for collecting or delivering mail for

the United States Postal Service provided that such lights

shall not be lighted except when such vehicles are actually

being used for such purposes;

11. Any vehicle displaying a slow-moving vehicle

emblem as provided in Section 12-205.1;

12. All trucks equipped with self-compactors or

roll-off hoists and roll-on containers for garbage or

refuse hauling. Such lights shall not be lighted except

when such vehicles are actually being used for such

purposes;

13. Vehicles used by a security company, alarm

responder, or control agency;

14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except

when being used for security related purposes under the

direction of the superintendent of the facility where the

vehicle is located; and

15. Vehicles of union representatives, except that the

lights shall be lighted only while the vehicle is within

the limits of a construction project.

(c) The use of blue oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Rescue squad vehicles not owned by a fire department

and vehicles owned or fully operated by a:

voluntary firefighter;

paid firefighter;

part-paid firefighter;

call firefighter;

member of the board of trustees of a fire

protection district;

paid or unpaid member of a rescue squad;

paid or unpaid member of a voluntary ambulance

unit; or

paid or unpaid members of a local or county

emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated

or authorized by local authorities, in writing, and

carrying that designation or authorization in the

vehicle.

However, such lights are not to be lighted except when

responding to a bona fide emergency.

2. Police department vehicles in cities having a

population of 500,000 or more inhabitants.

3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights.

4. Vehicles of local fire departments and State or

federal firefighting vehicles when used in combination

with red oscillating, rotating or flashing lights.

5. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles when used in combination with

red oscillating, rotating or flashing lights; furthermore,

such lights shall not be lighted except when responding to

an emergency call.

6. Vehicles that are equipped and used exclusively as

organ transport vehicles when used in combination with red

oscillating, rotating, or flashing lights; furthermore,

these lights shall only be lighted when the transportation

is declared an emergency by a member of the transplant team

or a representative of the organ procurement organization.

7. Vehicles of the Illinois Emergency Management

Agency and vehicles of the Department of Nuclear Safety,

when used in combination with red oscillating, rotating, or

flashing lights.

8. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act, when used in combination

with red oscillating, rotating, or flashing lights.

(c-1) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a

voluntary firefighter, a voluntary member of a rescue squad, or

a member of a voluntary ambulance unit may be equipped with

flashing white headlights and blue grill lights, which may be

used only in responding to an emergency call.

(c-2) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a paid or

unpaid member of a local or county emergency management

services agency as defined in the Illinois Emergency Management

Agency Act, may be equipped with white oscillating, rotating,

or flashing lights to be used in combination with blue

oscillating, rotating, or flashing lights, if authorization by

local authorities is in writing and carried in the vehicle.

(d) The use of a combination of amber and white

oscillating, rotating or flashing lights, whether lighted or

unlighted, is prohibited except motor vehicles or equipment of

the State of Illinois, local authorities, contractors, and

union representatives may be so equipped; furthermore, such

lights shall not be lighted on vehicles of the State of

Illinois, local authorities, and contractors except while such

vehicles are engaged in highway maintenance or construction

operations within the limits of highway construction projects,

and shall not be lighted on the vehicles of union

representatives except when those vehicles are within the

limits of a construction project.

(e) All oscillating, rotating or flashing lights referred

to in this Section shall be of sufficient intensity, when

illuminated, to be visible at 500 feet in normal sunlight.

(f) Nothing in this Section shall prohibit a manufacturer

of oscillating, rotating or flashing lights or his

representative from temporarily mounting such lights on a

vehicle for demonstration purposes only.

(g) Any person violating the provisions of subsections (a),

(b), (c) or (d) of this Section who without lawful authority

stops or detains or attempts to stop or detain another person

shall be guilty of a Class 4 felony.

(h) Except as provided in subsection (g) above, any person

violating the provisions of subsections (a) or (c) of this

Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;

92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.

8-6-02; 92-820, eff. 8-21-02; 92-872, eff. 6-1-03; revised

1-10-03.)

Section 30. The Criminal Code of 1961 is amended by

changing Section 12-20 as follows:

(720 ILCS 5/12-20) (from Ch. 38, par. 12-20)

Sec. 12-20. Sale of body parts. (a) Except as provided in

subsection (b), any person who knowingly buys or sells, or

offers to buy or sell, a human body or any part of a human body,

is guilty of a Class A misdemeanor for the first conviction and

a Class 4 felony for subsequent convictions.

(b) This Section does not prohibit:

(1) An anatomical gift made in accordance with the Illinois

Uniform Anatomical Gift Act.

(2) The removal and use of a human cornea in accordance

with the Illinois Anatomical Gift Corneal Transplant Act.

(3) Reimbursement of actual expenses incurred by a living

person in donating an organ, tissue or other body part or fluid

for transplantation, implantation, infusion, injection, or

other medical or scientific purpose, including medical costs,

loss of income, and travel expenses.

(4) Payments provided under a plan of insurance or other

health care coverage.

(5) Reimbursement of reasonable costs associated with the

removal, storage or transportation of a human body or part

thereof donated for medical or scientific purposes.

(6) Purchase or sale of blood, plasma, blood products or

derivatives, other body fluids, or human hair.

(7) Purchase or sale of drugs, reagents or other substances

made from human bodies or body parts, for use in medical or

scientific research, treatment or diagnosis.

(Source: P.A. 85-191.)

Section 35. The Illinois Living Will Act is amended by

changing Section 6 as follows:

(755 ILCS 35/6) (from Ch. 110 1/2, par. 706)

Sec. 6. Physician Responsibilities. An attending

physician who has been notified of the existence of a

declaration executed under this Act, without delay after the

diagnosis of a terminal condition of the patient, shall take

the necessary steps to provide for written recording of the

patient's terminal condition, so that the patient may be deemed

to be a qualified patient under this Act, or shall notify the

patient or, if the patient is unable to initiate a transfer,

the person or persons described in subsection (d) of Section 3

in the order of priority stated therein that the physician is

unwilling to comply with the provisions of the patient's

declaration. In the event of the patient's death as determined

by a physician, all medical care is to be terminated unless the

patient is an organ donor, in which case appropriate organ

donation treatment may be applied or continued temporarily.

(Source: P.A. 85-860.)

Section 40. The Health Care Surrogate Act is amended by

changing Sections 20 and 65 as follows:

(755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)

Sec. 20. Private decision making process.

(a) Decisions whether to forgo life-sustaining or any other

form of medical treatment involving an adult patient with

decisional capacity may be made by that adult patient.

(b) Decisions whether to forgo life-sustaining treatment

on behalf of a patient without decisional capacity are lawful,

without resort to the courts or legal process, if the patient

has a qualifying condition and if the decisions are made in

accordance with one of the following paragraphs in this

subsection and otherwise meet the requirements of this Act:

(1) Decisions whether to forgo life-sustaining

treatment on behalf of a minor or an adult patient who

lacks decisional capacity may be made by a surrogate

decision maker or makers in consultation with the attending

physician, in the order or priority provided in Section 25.

A surrogate decision maker shall make decisions for the

adult patient conforming as closely as possible to what the

patient would have done or intended under the

circumstances, taking into account evidence that includes,

but is not limited to, the patient's personal,

philosophical, religious and moral beliefs and ethical

values relative to the purpose of life, sickness, medical

procedures, suffering, and death. Where possible, the

surrogate shall determine how the patient would have

weighed the burdens and benefits of initiating or

continuing life-sustaining treatment against the burdens

and benefits of that treatment. In the event an unrevoked

advance directive, such as a living will, a declaration for

mental health treatment, or a power of attorney for health

care, is no longer valid due to a technical deficiency or

is not applicable to the patient's condition, that document

may be used as evidence of a patient's wishes. The absence

of a living will, declaration for mental health treatment,

or power of attorney for health care shall not give rise to

any presumption as to the patient's preferences regarding

the initiation or continuation of life-sustaining

procedures. If the adult patient's wishes are unknown and

remain unknown after reasonable efforts to discern them or

if the patient is a minor, the decision shall be made on

the basis of the patient's best interests as determined by

the surrogate decision maker. In determining the patient's

best interests, the surrogate shall weigh the burdens on

and benefits to the patient of initiating or continuing

life-sustaining treatment against the burdens and benefits

of that treatment and shall take into account any other

information, including the views of family and friends,

that the surrogate decision maker believes the patient

would have considered if able to act for herself or

himself.

(2) Decisions whether to forgo life-sustaining

treatment on behalf of a minor or an adult patient who

lacks decisional capacity, but without any surrogate

decision maker or guardian being available determined

after reasonable inquiry by the health care provider, may

be made by a court appointed guardian. A court appointed

guardian shall be treated as a surrogate for the purposes

of this Act.

(b-5) Decisions concerning medical treatment on behalf of a

patient without decisional capacity are lawful, without resort

to the courts or legal process, if the patient does not have a

qualifying condition and if decisions are made in accordance

with one of the following paragraphs in this subsection and

otherwise meet the requirements of this Act:

(1) Decisions concerning medical treatment on behalf

of a minor or adult patient who lacks decisional capacity

may be made by a surrogate decision maker or makers in

consultation with the attending physician, in the order of

priority provided in Section 25 with the exception that

decisions to forgo life-sustaining treatment may be made

only when a patient has a qualifying condition. A surrogate

decision maker shall make decisions for the patient

conforming as closely as possible to what the patient would

have done or intended under the circumstances, taking into

account evidence that includes, but is not limited to, the

patient's personal, philosophical, religious, and moral

beliefs and ethical values relative to the purpose of life,

sickness, medical procedures, suffering, and death. In the

event an unrevoked advance directive, such as a living

will, a declaration for mental health treatment, or a power

of attorney for health care, is no longer valid due to a

technical deficiency or is not applicable to the patient's

condition, that document may be used as evidence of a

patient's wishes. The absence of a living will, declaration

for mental health treatment, or power of attorney for

health care shall not give rise to any presumption as to

the patient's preferences regarding any process. If the

adult patient's wishes are unknown and remain unknown after

reasonable efforts to discern them or if the patient is a

minor, the decision shall be made on the basis of the

patient's best interests as determined by the surrogate

decision maker. In determining the patient's best

interests, the surrogate shall weigh the burdens on and

benefits to the patient of the treatment against the

burdens and benefits of that treatment and shall take into

account any other information, including the views of

family and friends, that the surrogate decision maker

believes the patient would have considered if able to act

for herself or himself.

(2) Decisions concerning medical treatment on behalf

of a minor or adult patient who lacks decisional capacity,

but without any surrogate decision maker or guardian being

available as determined after reasonable inquiry by the

health care provider, may be made by a court appointed

guardian. A court appointed guardian shall be treated as a

surrogate for the purposes of this Act.

(c) For the purposes of this Act, a patient or surrogate

decision maker is presumed to have decisional capacity in the

absence of actual notice to the contrary without regard to

advanced age. With respect to a patient, a diagnosis of mental

illness or mental retardation, of itself, is not a bar to a

determination of decisional capacity. A determination that an

adult patient lacks decisional capacity shall be made by the

attending physician to a reasonable degree of medical

certainty. The determination shall be in writing in the

patient's medical record and shall set forth the attending

physician's opinion regarding the cause, nature, and duration

of the patient's lack of decisional capacity. Before

implementation of a decision by a surrogate decision maker to

forgo life-sustaining treatment, at least one other qualified

physician must concur in the determination that an adult

patient lacks decisional capacity. The concurring

determination shall be made in writing in the patient's medical

record after personal examination of the patient. The attending

physician shall inform the patient that it has been determined

that the patient lacks decisional capacity and that a surrogate

decision maker will be making life-sustaining treatment

decisions on behalf of the patient. Moreover, the patient shall

be informed of the identity of the surrogate decision maker and

any decisions made by that surrogate. If the person identified

as the surrogate decision maker is not a court appointed

guardian and the patient objects to the statutory surrogate

decision maker or any decision made by that surrogate decision

maker, then the provisions of this Act shall not apply.

(d) A surrogate decision maker acting on behalf of the

patient shall express decisions to forgo life-sustaining

treatment to the attending physician and one adult witness who

is at least 18 years of age. This decision and the substance of

any known discussion before making the decision shall be

documented by the attending physician in the patient's medical

record and signed by the witness.

(e) The existence of a qualifying condition shall be

documented in writing in the patient's medical record by the

attending physician and shall include its cause and nature, if

known. The written concurrence of another qualified physician

is also required.

(f) Once the provisions of this Act are complied with, the

attending physician shall thereafter promptly implement the

decision to forgo life-sustaining treatment on behalf of the

patient unless he or she believes that the surrogate decision

maker is not acting in accordance with his or her

responsibilities under this Act, or is unable to do so for

reasons of conscience or other personal views or beliefs.

(g) In the event of a patient's death as determined by a

physician, all life-sustaining treatment and other medical

care is to be terminated, unless the patient is an organ donor,

in which case appropriate organ donation treatment may be

applied or continued temporarily.

(Source: P.A. 90-246, eff. 1-1-98.)

(755 ILCS 40/65)

Sec. 65. Do-not-resuscitate orders.

(a) An individual of sound mind and having reached the age

of majority or having obtained the status of an emancipated

person pursuant to the Emancipation of Mature Minors Act may

execute a document (consistent with the Department of Public

Health Uniform DNR Order Form) directing that resuscitating

efforts shall not be implemented. Such an order may also be

executed by an attending physician. Notwithstanding the

existence of a DNR order, appropriate organ donation treatment

may be applied or continued temporarily in the event of the

patient's death, in accordance with subsection (g) of Section

20 of this Act, if the patient is an organ donor.

(b) Consent to a DNR order may be obtained from the

individual, or from another person at the individual's

direction, or from the individual's legal guardian, agent under

a power of attorney for health care, or surrogate decision

maker, and witnessed by 2 individuals 18 years of age or older.

(c) The DNR order may, but need not, be in the form adopted

by the Department of Public Health pursuant to Section 2310-600

of the Department of Public Health Powers and Duties Law (20

ILCS 2310/2310-600).

(d) A health care professional or health care provider may

presume, in the absence of knowledge to the contrary, that a

completed Department of Public Health Uniform DNR Order form or

a copy of that form is a valid DNR order. A health care

professional or health care provider, or an employee of a

health care professional or health care provider, who in good

faith complies with a do-not-resuscitate order made in

accordance with this Act is not, as a result of that

compliance, subject to any criminal or civil liability, except

for willful and wanton misconduct, and may not be found to have

committed an act of unprofessional conduct.

(Source: P.A. 92-356, eff. 10-1-01.)

Section 45. The Illinois Power of Attorney Act is amended

by changing Sections 4-7 and 4-10 as follows:

(755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)

Sec. 4-7. Duties of health care providers and others in

relation to health care agencies. Each health care provider and

each other person with whom an agent deals under a health care

agency shall be subject to the following duties and

responsibilities:

(a) It is the responsibility of the agent or patient to

notify the health care provider of the existence of the health

care agency and any amendment or revocation thereof. A health

care provider furnished with a copy of a health care agency

shall make it a part of the patient's medical records and shall

enter in the records any change in or termination of the health

care agency by the principal that becomes known to the

provider. Whenever a provider believes a patient may lack

capacity to give informed consent to health care which the

provider deems necessary, the provider shall consult with any

available health care agent known to the provider who then has

power to act for the patient under a health care agency.

(b) A health care decision made by an agent in accordance

with the terms of a health care agency shall be complied with

by every health care provider to whom the decision is

communicated, subject to the provider's right to administer

treatment for the patient's comfort care or alleviation of

pain; but if the provider is unwilling to comply with the

agent's decision, the provider shall promptly inform the agent

who shall then be responsible to make the necessary

arrangements for the transfer of the patient to another

provider. It is understood that a provider who is unwilling to

comply with the agent's decision will continue to afford

reasonably necessary consultation and care in connection with

the transfer.

(c) At the patient's expense and subject to reasonable

rules of the health care provider to prevent disruption of the

patient's health care, each health care provider shall give an

agent authorized to receive such information under a health

care agency the same right the principal has to examine and

copy any part or all of the patient's medical records that the

agent deems relevant to the exercise of the agent's powers,

whether the records relate to mental health or any other

medical condition and whether they are in the possession of or

maintained by any physician, psychiatrist, psychologist,

therapist, hospital, nursing home or other health care

provider.

(d) If and to the extent a health care agency empowers the

agent to (1) make an anatomical gift on behalf of the principal

under the Illinois Uniform Anatomical Gift Act, as now or

hereafter amended, or (2) authorize an autopsy of the

principal's body pursuant to Section 2 of "An Act in relation

to autopsy of dead bodies", approved August 13, 1965, as now or

hereafter amended, or (3) direct the disposition of the

principal's remains, the decision by an authorized agent as to

anatomical gift, autopsy approval or remains disposition shall

be deemed the act of the principal and shall control over the

decision of other persons who might otherwise have priority;

and each person to whom a direction by the agent in accordance

with the terms of the agency is communicated shall comply with

such direction.

(Source: P.A. 86-736.)

(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)

Sec. 4-10. Statutory short form power of attorney for

health care.

(a) The following form (sometimes also referred to in this

Act as the "statutory health care power") may be used to grant

an agent powers with respect to the principal's own health

care; but the statutory health care power is not intended to be

exclusive nor to cover delegation of a parent's power to

control the health care of a minor child, and no provision of

this Article shall be construed to invalidate or bar use by the

principal of any other or different form of power of attorney

for health care. Nonstatutory health care powers must be

executed by the principal, designate the agent and the agent's

powers, and comply with Section 4-5 of this Article, but they

need not be witnessed or conform in any other respect to the

statutory health care power. When a power of attorney in

substantially the following form is used, including the

"notice" paragraph at the beginning in capital letters, it

shall have the meaning and effect prescribed in this Act. The

statutory health care power may be included in or combined with

any other form of power of attorney governing property or other

matters.

"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH

CARE

(NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE

THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO MAKE

HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE,

CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL

TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU

TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME OR OTHER

INSTITUTION. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO

EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR

AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN

ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF RECEIPTS,

DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT

CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS

NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS

FORM BUT NOT CO-AGENTS, AND NO HEALTH CARE PROVIDER MAY BE

NAMED. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN

THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A

COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY

EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN

AFTER YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT, YOUR

RIGHT TO REVOKE THOSE POWERS AND THE PENALTIES FOR VIOLATING

THE LAW ARE EXPLAINED MORE FULLY IN SECTIONS 4-5, 4-6, 4-9 AND

4-10(b) OF THE ILLINOIS "POWERS OF ATTORNEY FOR HEALTH CARE

LAW" OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM).

THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF

POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT

THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER

TO EXPLAIN IT TO YOU.)

POWER OF ATTORNEY made this .......................day of

................................

(month) (year)

1. I, ..................................................,

(insert name and address of principal)

hereby appoint:

............................................................

(insert name and address of agent)

as my attorney-in-fact (my "agent") to act for me and in my

name (in any way I could act in person) to make any and all

decisions for me concerning my personal care, medical

treatment, hospitalization and health care and to require,

withhold or withdraw any type of medical treatment or

procedure, even though my death may ensue. My agent shall have

the same access to my medical records that I have, including

the right to disclose the contents to others. My agent shall

also have full power to authorize an autopsy and direct the

disposition of my remains. Effective upon my death, my agent

has the full power to make an anatomical gift of the following

(initial one):

....Any organs, tissues, or eyes suitable for

transplantation or used for research or education organ.

....Specific organs:....................................

(THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS

POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY

DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF

HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER

LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION

WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH

TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL

RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE

AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING

PARAGRAPHS.)

2. The powers granted above shall not include the following

powers or shall be subject to the following rules or

limitations (here you may include any specific limitations you

deem appropriate, such as: your own definition of when

life-sustaining measures should be withheld; a direction to

continue food and fluids or life-sustaining treatment in all

events; or instructions to refuse any specific types of

treatment that are inconsistent with your religious beliefs or

unacceptable to you for any other reason, such as blood

transfusion, electro-convulsive therapy, amputation,

psychosurgery, voluntary admission to a mental institution,

etc.):

.............................................................

.............................................................

.............................................................

.............................................................

.............................................................

(THE SUBJECT OF LIFE-SUSTAINING TREATMENT IS OF PARTICULAR

IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT,

SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL

OF LIFE-SUSTAINING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE

WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT;

BUT DO NOT INITIAL MORE THAN ONE):

I do not want my life to be prolonged nor do I want

life-sustaining treatment to be provided or continued if my

agent believes the burdens of the treatment outweigh the

expected benefits. I want my agent to consider the relief of

suffering, the expense involved and the quality as well as the

possible extension of my life in making decisions concerning

life-sustaining treatment.

Initialed...........................

I want my life to be prolonged and I want life-sustaining

treatment to be provided or continued unless I am in a coma

which my attending physician believes to be irreversible, in

accordance with reasonable medical standards at the time of

reference. If and when I have suffered irreversible coma, I

want life-sustaining treatment to be withheld or discontinued.

Initialed...........................

I want my life to be prolonged to the greatest extent

possible without regard to my condition, the chances I have for

recovery or the cost of the procedures.

Initialed...........................

(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN THE

MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF

ATTORNEY FOR HEALTH CARE LAW" (SEE THE BACK OF THIS FORM).

ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS

POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER

IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH, AND BEYOND IF

ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF REMAINS IS

AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR

DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF

THE FOLLOWING:)

3. ( ) This power of attorney shall become effective on

.............................................................

.............................................................

(insert a future date or event during your lifetime, such as

court determination of your disability, when you want this

power to first take effect)

4. ( ) This power of attorney shall terminate on.............

.............................................................

(insert a future date or event, such as court determination of

your disability, when you want this power to terminate prior to

your death)

(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND

ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)

5. If any agent named by me shall die, become incompetent,

resign, refuse to accept the office of agent or be unavailable,

I name the following (each to act alone and successively, in

the order named) as successors to such agent:

.............................................................

.............................................................

For purposes of this paragraph 5, a person shall be considered

to be incompetent if and while the person is a minor or an

adjudicated incompetent or disabled person or the person is

unable to give prompt and intelligent consideration to health

care matters, as certified by a licensed physician. (IF YOU

WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON, IN THE

EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY,

BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE FOLLOWING

PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS

THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND

WELFARE. STRIKE OUT PARAGRAPH 6 IF YOU DO NOT WANT YOUR AGENT

TO ACT AS GUARDIAN.)

6. If a guardian of my person is to be appointed, I

nominate the agent acting under this power of attorney as such

guardian, to serve without bond or security.

7. I am fully informed as to all the contents of this form

and understand the full import of this grant of powers to my

agent.

Signed..............................

(principal)

The principal has had an opportunity to read the above form

and has signed the form or acknowledged his or her signature or

mark on the form in my presence.

.......................... Residing at......................

(witness)

(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND

SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU

INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST

COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE

AGENTS.)

Specimen signatures of I certify that the signatures of my

agent (and successors). agent (and successors) are correct.

......................... .................................

(agent) (principal)

......................... .

(successor agent) (principal)

......................... .

(successor agent) (principal)"

(b) The statutory short form power of attorney for health

care (the "statutory health care power") authorizes the agent

to make any and all health care decisions on behalf of the

principal which the principal could make if present and under

no disability, subject to any limitations on the granted powers

that appear on the face of the form, to be exercised in such

manner as the agent deems consistent with the intent and

desires of the principal. The agent will be under no duty to

exercise granted powers or to assume control of or

responsibility for the principal's health care; but when

granted powers are exercised, the agent will be required to use

due care to act for the benefit of the principal in accordance

with the terms of the statutory health care power and will be

liable for negligent exercise. The agent may act in person or

through others reasonably employed by the agent for that

purpose but may not delegate authority to make health care

decisions. The agent may sign and deliver all instruments,

negotiate and enter into all agreements and do all other acts

reasonably necessary to implement the exercise of the powers

granted to the agent. Without limiting the generality of the

foregoing, the statutory health care power shall include the

following powers, subject to any limitations appearing on the

face of the form:

(1) The agent is authorized to give consent to and

authorize or refuse, or to withhold or withdraw consent to, any

and all types of medical care, treatment or procedures relating

to the physical or mental health of the principal, including

any medication program, surgical procedures, life-sustaining

treatment or provision of food and fluids for the principal.

(2) The agent is authorized to admit the principal to or

discharge the principal from any and all types of hospitals,

institutions, homes, residential or nursing facilities,

treatment centers and other health care institutions providing

personal care or treatment for any type of physical or mental

condition. The agent shall have the same right to visit the

principal in the hospital or other institution as is granted to

a spouse or adult child of the principal, any rule of the

institution to the contrary notwithstanding.

(3) The agent is authorized to contract for any and all

types of health care services and facilities in the name of and

on behalf of the principal and to bind the principal to pay for

all such services and facilities, and to have and exercise

those powers over the principal's property as are authorized

under the statutory property power, to the extent the agent

deems necessary to pay health care costs; and the agent shall

not be personally liable for any services or care contracted

for on behalf of the principal.

(4) At the principal's expense and subject to reasonable

rules of the health care provider to prevent disruption of the

principal's health care, the agent shall have the same right

the principal has to examine and copy and consent to disclosure

of all the principal's medical records that the agent deems

relevant to the exercise of the agent's powers, whether the

records relate to mental health or any other medical condition

and whether they are in the possession of or maintained by any

physician, psychiatrist, psychologist, therapist, hospital,

nursing home or other health care provider.

(5) The agent is authorized: to direct that an autopsy be

made pursuant to Section 2 of "An Act in relation to autopsy of

dead bodies", approved August 13, 1965, including all

amendments; to make a disposition of any part or all of the

principal's body pursuant to the Illinois Uniform Anatomical

Gift Act, as now or hereafter amended; and to direct the

disposition of the principal's remains.

(Source: P.A. 91-240, eff. 1-1-00.)

Section 50. The Uniform Anatomical Gift Act is amended by

changing and renumbering Sections 1, 2, 3, 4, 4.5, 5, 6, 7, 8,

and 8.1 and by adding Article headings for Articles 1 and 5 and

adding Sections 1-5, 5-25, and 5-30 as follows:

(755 ILCS 50/Art. 1 heading new)

Article 1. Title and General Provisions.

(755 ILCS 50/1-1 new) (was 755 ILCS 50/1)

Sec. 1-1 1. Short Title.

This Act may be cited as the Illinois Uniform Anatomical

Gift Act.

(Source: P.A. 76-1209.)

(755 ILCS 50/1-5 new)

Sec. 1-5. Purpose. Illinois recognizes that there is a

critical shortage of human organs and tissues available to

citizens in need of organ and tissue transplants. This shortage

leads to the untimely death of many adults and children in

Illinois and across the nation each year. This Act is intended

to implement the public policy of encouraging timely donation

of human organs and tissue in Illinois and facilitating

transplants of those organs and tissue into patients in need of

them. Through this Act, laws relating to organ and tissue

donation and transplantation are consolidated and modified for

the purpose of furthering this public policy.

(755 ILCS 50/1-10 new) (was 755 ILCS 50/2)

Sec. 1-10 2. Definitions.)(a)

"Bank or storage facility" means a facility licensed,

accredited or approved under the laws of any state for storage

of human bodies or parts thereof.

"Close friend" means any person 18 years of age or older

who has exhibited special care and concern for the decedent and

who presents an affidavit to the decedent's attending

physician, or the hospital administrator or his or her

designated representative, stating that he or she (i) was a

close friend of the decedent, (ii) is willing and able to

consent to the donation, and (iii) maintained such regular

contact with the decedent as to be familiar with the decedent's

health and social history, and religious and moral beliefs. The

affidavit must also state facts and circumstances that

demonstrate that familiarity.

(b) "Death" means for the purposes of the Act, the

irreversible cessation of total brain function, according to

usual and customary standards of medical practice.

(c) "Decedent" means a deceased individual and includes a

stillborn infant or fetus.

(d) "Donor" means an individual who makes a gift of all or

parts of his body.

"Federally designated organ procurement agency" means the

organ procurement agency designated by the Secretary of the

U.S. Department of Health and Human Services for the service

area in which a hospital is located, or the organ procurement

agency for which the U.S. Secretary of Health and Human

Services has granted the hospital a waiver pursuant to 42

U.S.C. 1320b-8(a).

(e) "Hospital" means a hospital licensed, accredited or

approved under the laws of any state; and includes a hospital

operated by the United States government, a state, or a

subdivision thereof, although not required to be licensed under

state laws.

"Not available" for the giving of consent or refusal means:

(1) the existence of the person is unknown to the hospital

administrator or designee, organ procurement agency, or tissue

bank and is not readily ascertainable through the examination

of the decedent's hospital records and the questioning of any

persons who are available for giving consent;

(2) the administrator or designee, organ procurement

agency, or tissue bank has unsuccessfully attempted to contact

the person by telephone or in any other reasonable manner; or

(3) the person is unable or unwilling to respond in a

manner that indicates the person's refusal or consent.

"Organ" means a human kidney, liver, heart, lung, pancreas,

small bowel, or other transplantable vascular body part as

determined by the Organ Procurement and Transplantation

Network, as periodically selected by the U.S. Department of

Health and Human Services.

"Tissue" means eyes, bones, heart valves, veins, skin, and

any other portions of a human body excluding blood, blood

products or organs.

(f) "Part" means organs, tissues, eyes, bones, arteries,

blood, other fluids and any other portions of a human body.

(g) "Person" means an individual, corporation, government

or governmental subdivision or agency, business trust, estate,

trust, partnership or association or any other legal entity.

(h) "Physician" or "surgeon" means a physician or surgeon

licensed or authorized to practice medicine in all of its

branches under the laws of any state.

(i) "State" includes any state, district, commonwealth,

territory, insular possession, and any other area subject to

the legislative authority of the United States of America.

(j) "Technician" means an individual trained and certified

to remove tissue, by a recognized medical training institution

in the State of Illinois.

"Tissue bank" means any facility or program operating in

Illinois that is certified by the American Association of

Tissue Banks, the Eye Bank Association of America, or the

Association of Organ Procurement Organizations and is involved

in procuring, furnishing, donating, or distributing corneas,

bones, or other human tissue for the purpose of injecting,

transfusing, or transplanting any of them into the human body.

"Tissue bank" does not include a licensed blood bank. For the

purposes of this Act, "tissue" does not include organs or blood

or blood products.

(Source: P.A. 79-952.)

(755 ILCS 50/Art. 5/heading new)

Article 5. Organ Donation.

(755 ILCS 50/5-5 new) (was 755 ILCS 50/3)

Sec. 5-5 3. Persons who may execute an anatomical gift.

(a) Any individual of sound mind who has attained the age

of 18 may give all or any part of his or her body for any

purpose specified in Section 5-10 4. Such a gift may be

executed in any of the ways set out in Section 5-20 5, and

shall take effect upon the individual's death without the need

to obtain the consent of any survivor. An anatomical gift made

by an agent of an individual, as authorized by the individual

under the Powers of Attorney for Health Care Law, as now or

hereafter amended, is deemed to be a gift by that individual

and takes effect without the need to obtain the consent of any

other person.

(b) If no gift has been executed under subsection (a), any

of the following persons, in the order of priority stated in

items (1) through (11) (9) below, when persons in prior classes

are not available for the giving of consent or refusal and in

the absence of (i) actual notice of contrary intentions by the

decedent and (ii) actual notice of opposition by any member

within the same priority class, may consent to give all or any

part of the decedent's body after or immediately before death

to a person who may become a donee for any purpose specified in

Section 5-10 4:

(1) an individual acting as the decedent's agent under

a power of attorney for health care which provides specific

direction regarding organ donation,

(2) the decedent's surrogate decision maker identified

by the attending physician in accordance with the Health

Care Surrogate Act,

(3) the guardian of the decedent's person at the time

of death,

(4) (2) the decedent's spouse,

(5) (3) any of the decedent's adult sons or daughters,

(6) (4) either of the decedent's parents,

(7) (5) any of the decedent's adult brothers or

sisters,

(8) (6) any adult grandchild of the decedent,

(9) a close friend of the decedent,

(10) (7) the guardian of the decedent's estate,

(8) the decedent's surrogate decision maker under the

Health Care Surrogate Act,

(11) (9) any other person authorized or under legal

obligation to dispose of the body.

If the donee has actual notice of opposition to the gift by

the decedent or any person in the highest priority class in

which an available person can be found, then no gift of all or

any part of the decedent's body shall be accepted.

(c) For the purposes of this Act, a person will not be

considered "available" for the giving of consent or refusal if:

(1) the existence of the person is unknown to the donee

and is not readily ascertainable through the examination of

the decedent's hospital records and the questioning of any

persons who are available for giving consent;

(2) the donee has unsuccessfully attempted to contact

the person by telephone or in any other reasonable manner;

(3) the person is unable or unwilling to respond in a

manner which indicates the person's refusal or consent.

(c) (d) A gift of all or part of a body authorizes any

examination necessary to assure medical acceptability of the

gift for the purposes intended.

(d) (e) The rights of the donee created by the gift are

paramount to the rights of others except as provided by Section

5-45 8(d).

(e) (f) If no gift has been executed under this Act

Section, then no part of the decedent's body may be used for

any purpose specified in Section 4 of this Act, except in

accordance with the Organ Donation Request Act or the Corneal

Transplant Act.

(Source: P.A. 92-349, eff. 1-1-02.)

(755 ILCS 50/5-10 new) (was 755 ILCS 50/4)

Sec. 5-10 4. Persons Who May Become Donees; Purposes for

Which Anatomical Gifts May be Made.

The following persons may become donees of gifts of bodies

or parts thereof for the purposes stated:

(1) any hospital, surgeon, or physician, for medical or

dental education, research, advancement of medical or dental

science, therapy, or transplantation; or

(2) any accredited medical, chiropractic, mortuary or

dental school, college or university for education, research,

advancement of medical or dental science, or therapy; or

(3) any bank or storage facility, for medical or dental

education, research, advancement of medical or dental science,

therapy, or transplantation; or

(4) any federally designated organ procurement agency or

tissue bank, for medical or dental education, research,

advancement of medical or dental science, therapy, or

transplantation; or

(5) (4) any specified individual for therapy or

transplantation needed by him or her, or for any other purpose.

(Source: P.A. 76-1209.)

(755 ILCS 50/5-15 new) (was 755 ILCS 50/4.5)

Sec. 5-15 4.5. Disability of recipient.

(a) No hospital, physician and surgeon, bank or storage

facility, or other person shall determine the ultimate

recipient of an anatomical gift based upon a potential

recipient's physical or mental disability, except to the extent

that the physical or mental disability has been found by a

physician and surgeon, following a case-by-case evaluation of

the potential recipient, to be medically significant to the

provision of the anatomical gift.

(b) Subsection (a) shall apply to each part of the organ

transplant process.

(c) The court shall accord priority on its calendar and

handle expeditiously any action brought to seek any remedy

authorized by law for purposes of enforcing compliance with

this Section.

(d) This Section shall not be deemed to require referrals

or recommendations for or the performance of medically

inappropriate organ transplants.

(e) As used in this Section "disability" has the same

meaning as in the federal Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be

amended from time to time.

(Source: P.A. 91-345, eff. 1-1-00.)

(755 ILCS 50/5-20 new) (was 755 ILCS 50/5)

Sec. 5-20 5. Manner of Executing Anatomical Gifts. (a) A

gift of all or part of the body under Section 5-5 3 (a) may be

made by will. The gift becomes effective upon the death of the

testator without waiting for probate. If the will is not

probated, or if it is declared invalid for testamentary

purposes, the gift, to the extent that it has been acted upon

in good faith, is nevertheless valid and effective.

(b) A gift of all or part of the body under Section 5-5 3

(a) may also be made by a written, signed document other than a

will. The gift becomes effective upon the death of the donor.

The document, which may be a card or a valid driver's license

designed to be carried on the person, must be signed by the

donor in the presence of 2 witnesses who must sign the document

in his presence and who thereby certify that he was of sound

mind and memory and free from any undue influence and knows the

objects of his bounty and affection. Such a gift may also be

made by properly executing the form provided by the Secretary

of State on the reverse side of the donor's driver's license

pursuant to subsection (b) of Section 6-110 of The Illinois

Vehicle Code. Delivery of the document of gift during the

donor's lifetime is not necessary to make the gift valid.

(c) The gift may be made to a specified donee or without

specifying a donee. If the latter, the gift may be accepted by

the attending physician as donee upon or following death. If

the gift is made to a specified donee who is not available at

the time and place of death, then if made for the purpose of

transplantation, it shall be effectuated in accordance with

Section 5-25, and if made for any other purpose the attending

physician upon or following death, in the absence of any

expressed indication that the donor desired otherwise, may

accept the gift as donee. The physician who becomes a donee

under this subsection shall not participate either physically

or financially in the procedures for removing or transplanting

a part.

(d) Notwithstanding Section 5-45 8 (b), the donor may

designate in his will, card, or other document of gift the

surgeon or physician to carry out the appropriate procedures.

In the absence of a designation or if the designee is not

available, the donee or other person authorized to accept the

gift may employ or authorize any surgeon or physician for the

purpose.

(e) Any gift by a person designated in Section 5-5 3 (b)

shall be made by a document signed by him or made by his

telegraphic, recorded telephonic, or other recorded message.

(Source: P.A. 85-192.)

(755 ILCS 50/5-25 new)

Sec. 5-25. Notification; consent.

(a) When, based upon generally accepted medical standards,

an inpatient in a general acute care hospital with more than

100 beds is a suitable candidate for organ or tissue donation

and the patient has not made an anatomical gift of all or any

part of his or her body pursuant to Section 5-20 of this Act,

the hospital shall proceed in accordance with the requirements

of 42 CFR 482.45 or any successor provisions of federal statute

or regulation, as may be amended from time to time, and the

written agreement between the hospital and the applicable organ

procurement agency executed thereunder.

(b) In making a request for organ or tissue donation, the

hospital or the hospital's federally designated organ

procurement agency or tissue bank shall request any of the

following persons, in the order of priority stated in items (1)

through (11) below, when persons in prior classes are not

available and in the absence of (i) actual notice of contrary

intentions by the decedent, (ii) actual notice of opposition by

any member within the same priority class, and (iii) reason to

believe that an anatomical gift is contrary to the decedent's

religious beliefs, to consent to the gift of all or any part of

the decedent's body for any purpose specified in Section 5-10

of this Act:

(1) an individual acting as the decedent's agent under

a power of attorney for health care;

(2) the decedent's surrogate decision maker identified

by the attending physician in accordance with the Health

Care Surrogate Act;

(3) the guardian of the decedent's person at the time

of death;

(4) the decedent's spouse;

(5) any of the decedent's adult sons or daughters;

(6) either of the decedent's parents;

(7) any of the decedent's adult brothers or sisters;

(8) any adult grandchild of the decedent;

(9) a close friend of the decedent;

(10) the guardian of the decedent's estate; or

(11) any other person authorized or under legal

obligation to dispose of the body.

(c) If (1) the hospital, the applicable organ procurement

agency, or the tissue bank has actual notice of opposition to

the gift by the decedent or any person in the highest priority

class in which an available person can be found, or (2) there

is reason to believe that an anatomical gift is contrary to the

decedent's religious beliefs, or (3) the Director of Public

Health has adopted a rule signifying his or her determination

that the need for organs and tissues for donation has been

adequately met, then the gift of all or any part of the

decedent's body shall not be requested. If a donation is

requested, consent or refusal may be obtained only from the

person or persons in the highest priority class available. If

the hospital administrator, or his or her designated

representative, the designated organ procurement agency, or

the tissue bank is unable to obtain consent from any of the

persons named in items (1) through (11) of subsection (b) of

this Section, the decedent's body shall not be used for an

anatomical gift unless a valid anatomical gift document was

executed under this Act.

(d) When there is a suitable candidate for organ donation,

as described in subsection (a), or if consent to remove organs

and tissues is granted, the hospital shall notify the

applicable federally designated organ procurement agency. The

federally designated organ procurement agency shall notify any

tissue bank specified by the hospital of the suitable candidate

for tissue donation. The organ procurement agency shall

collaborate with all tissue banks in Illinois to maximize

tissue procurement in a timely manner.

(755 ILCS 50/5-30 new)

Sec. 5-30. Corneal Transplants.

(a) Upon request by a physician licensed to practice

medicine in all its branches, or by an eye bank certified by

the Eye Bank Association of America, and approved by the

coroner or county medical examiner, in any case in which a

patient is in need of corneal tissue for a transplant, a

coroner or county medical examiner who orders the performance

of an autopsy may provide corneal tissue of a decedent whenever

all of the following conditions are met:

(1) The decedent from whom the tissue is taken is under

the jurisdiction of the coroner or county medical examiner.

(2) There has been a reasonable and good faith effort

by the coroner or county medical examiner or any authorized

individual acting for the coroner or county medical

examiner to contact an appropriate person as set forth in

subsection (b) of this Section.

(3) No objection by the decedent or, after the

decedent's death, by an appropriate person as set forth in

subsection (b) of this Section is known to the coroner or

county medical examiner or authorized individual acting

for the coroner or county medical examiner prior to removal

of the corneal tissue.

(4) The person designated to remove the tissue is

qualified to do so under this Act.

(5) Removal of the tissue will not interfere with the

subsequent course of an investigation or autopsy.

(6) The individual when living did not make known in

writing his or her objection on religious grounds to the

removal of his or her corneal tissue.

(b) Objection to the removal of corneal tissue may be made

known to the coroner or county medical examiner or authorized

individual acting for the coroner or county medical examiner by

the individual during his or her lifetime or by the following

persons, in the order of priority stated, after the decedent's

death:

(1) an individual acting as the decedent's agent under

a power of attorney for health care;

(2) the decedent's surrogate decision maker identified

by the attending physician in accordance with the Health

Care Surrogate Act;

(3) the guardian of the decedent's person at the time

of death;

(4) the decedent's spouse;

(5) any of the decedent's adult sons or daughters;

(6) either of the decedent's parents;

(7) any of the decedent's adult brothers or sisters;

(8) any adult grandchild of the decedent;

(9) a close friend of the decedent;

(10) the guardian of the decedent's estate; or

(11) any other person authorized or under legal

obligation to dispose of the body.

(c) If the coroner or county medical examiner or any

authorized individual acting for the coroner or county medical

examiner has actual notice of any contrary indications by the

decedent or actual notice that any member within the same class

specified in subsection (b), paragraphs (1) through (11), of

this Section, in the same order of priority, objects to the

removal, the coroner or county medical examiner shall not

approve the removal of corneal tissue.

(d) The coroner or county medical examiner or any

authorized individual acting for the coroner or county medical

examiner authorizing the removal of corneal tissue, or the

persons or organizations listed in subsection (a) of this

Section, shall not be liable in any civil or criminal action

for removing corneal tissue from a decedent and using the same

for transplant purposes if there has been compliance with the

provisions of this Section.

(755 ILCS 50/5-35 new) (was 755 ILCS 50/6)

Sec. 5-35 6. Delivery of Document of Gift.

If the gift is made by the donor to a specified donee, the

will, card, or other document, or an executed copy thereof, may

be delivered to the donee to expedite the appropriate

procedures immediately after death. Delivery is not necessary

to the validity of the gift. The will, card, or other document,

or an executed copy thereof, may be deposited in any hospital,

bank or storage facility, or registry office that accepts it

for safekeeping or for facilitation of procedures after death.

On request of any interested party upon or after the donor's

death, the person in possession shall produce the document for

examination.

(Source: P.A. 76-1209.)

(755 ILCS 50/5-40 new) (was 755 ILCS 50/7)

Sec. 5-40 7. Amendment or Revocation of the Gift.

(a) If the will, card, or other document or executed copy

thereof, has been delivered to a specified donee, the donor may

amend or revoke the gift by:

(1) the execution and delivery to the donee of a signed

statement witnessed and certified as provided in Section

5-20 5 (b); or

(2) a signed card or document found on his person, or

in his effects, executed at a date subsequent to the date

the original gift was made and witnessed and certified as

provided in Section 5-20 5 (b).

(b) Any document of gift which has not been delivered to

the donee may be revoked by the donor in the manner set out in

subsection (a).

(c) Any gift made by a will may also be amended or revoked

in the manner provided for amendment or revocation of wills or

as provided in subsection (a).

(Source: P.A. 87-895.)

(755 ILCS 50/5-45 new) (was 755 ILCS 50/8)

Sec. 5-45 8. Rights and Duties at Death. (a) The donee may

accept or reject the gift. If the donee accepts a gift of the

entire body, he may, subject to the terms of the gift,

authorize embalming and the use of the body in funeral

services, unless a person named in subsection (b) of Section

5-5 3 has requested, prior to the final disposition by the

donee, that the remains of said body be returned to his or her

custody for the purpose of final disposition. Such request

shall be honored by the donee if the terms of the gift are

silent on how final disposition is to take place. If the gift

is of a part of the body, the donee or technician designated by

him upon the death of the donor and prior to embalming, shall

cause the part to be removed without unnecessary mutilation and

without undue delay in the release of the body for the purposes

of final disposition. After removal of the part, custody of the

remainder of the body vests in the surviving spouse, next of

kin, or other persons under obligation to dispose of the body,

in the order or priority listed in subsection (b) of Section

5-5 3 of this Act.

(b) The time of death shall be determined by a physician

who attends the donor at his death, or, if none, the physician

who certifies the death. The physician shall not participate in

the procedures for removing or transplanting a part.

(c) A person who acts in good faith in accord with the

terms of this Act and the AIDS Confidentiality Act, or the

anatomical gift laws of another state or a foreign country, is

not liable for damages in any civil action or subject to

prosecution in any criminal proceeding for his act. Any person

that participates in good faith and according to the usual and

customary standards of medical practice in the removal or

transplantation of any part of a decedent's body pursuant to an

anatomical gift made by the decedent under Section 5-20 5 of

this Act or pursuant to an anatomical gift made by an

individual as authorized by subsection (b) of Section 5-5 3 of

this Act shall have immunity from liability, civil, criminal,

or otherwise, that might result by reason of such actions. For

the purpose of any proceedings, civil or criminal, the validity

of an anatomical gift executed pursuant to Section 5-20 5 of

this Act shall be presumed and the good faith of any person

participating in the removal or transplantation of any part of

a decedent's body pursuant to an anatomical gift made by the

decedent or by another individual authorized by the Act shall

be presumed.

(d) This Act is subject to the provisions of "An Act to

revise the law in relation to coroners", approved February 6,

1874, as now or hereafter amended, to the laws of this State

prescribing powers and duties with respect to autopsies, and to

the statutes, rules, and regulations of this State with respect

to the transportation and disposition of deceased human bodies.

(e) If the donee is provided information, or determines

through independent examination, that there is evidence that

the gift was exposed to the human immunodeficiency virus (HIV)

or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS), the donee may reject the gift

and shall treat the information and examination results as a

confidential medical record; the donee may disclose only the

results confirming HIV exposure, and only to the physician of

the deceased donor. The donor's physician shall determine

whether the person who executed the gift should be notified of

the confirmed positive test result.

(Source: P.A. 85-1209.)

(755 ILCS 50/5-50 new) (was 755 ILCS 50/8.1)

Sec. 5-50 8.1. Payment for gift. (a) Except as provided in

subsection (b), any person who knowingly pays or offers to pay

any financial consideration to a donor or to any of the persons

listed in subsection (b) of Section 5-5 3 for making or

consenting to an anatomical gift shall be guilty of a Class A

misdemeanor for the first conviction and a Class 4 felony for

subsequent convictions.

(b) This Section does not prohibit reimbursement for

reasonable costs associated with the removal, storage or

transportation of a human body or part thereof pursuant to an

anatomical gift executed pursuant to this Act.

(Source: P.A. 85-191.)

(755 ILCS 50/9 rep.)

(755 ILCS 50/11 rep.)

Section 55. The Uniform Anatomical Gift Act is amended by

repealing Sections 9 and 11.

(755 ILCS 55/Act rep.)

Section 60. The Illinois Corneal Transplant Act is

repealed.

(755 ILCS 60/Act rep.)

Section 65. The Organ Donation Request Act is repealed.

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