Rep. Lou Lang
Filed: 3/23/2018
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 94




2    AMENDMENT NO. ______. Amend House Bill 94 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Medical Patient Rights Act is amended  by 
5adding Section 3.4 as follows:
 
6    (410 ILCS 50/3.4 new)
7    Sec. 3.4. Informed consent; tissue samples.
8    (a)   As used in this Section:
9    "Health care procedure" means an affirmative medical 
10action performed upon a
patient for therapeutic or diagnostic 
11purposes.
12    "Health care provider" has the meaning provided under 
13Section 2.03 and also includes a physician licensed to practice 
14medicine in all its branches and his or her agents, a dentist 
15licensed under the Illinois Dental Practice Act and his or her 
16agents, and an optometrist licensed under the Illinois 
 
 
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1Optometric Practice Act of 1987 and his or her agents.
2    "Human tissue specimen" means biological material: (1) 
3originating within and taken from
a living patient during a 
4health care procedure and (2) that is not to be transplanted 
5directly
into another human body. "Human tissue specimen" 
6includes saliva swabs and cheek swabs.
7    "Informed consent document" means a written statement by 
8which a patient provides his or her informed consent.
9    "Medical emergency" means the occurrence of a sudden, 
10serious, and unexpected sickness or injury that would lead a 
11reasonable person, possessing an average knowledge of medicine 
12and health, to believe that the sick or injured person requires 
13urgent or unscheduled medical care. 
14    (b)   A health care provider must provide an informed consent 
15document to a patient at least 20 hours before a health care 
16procedure, except in cases of a medical emergency or when it is 
17not reasonably possible to do so. Each informed consent 
18document shall include the following language in at least 
1914-point bold type capital letters on the first page:
20        "IF YOU DO NOT DONATE HUMAN TISSUE SPECIMENS FROM YOUR 
21    MEDICAL PROCEDURE, YOU WILL STILL RECEIVE YOUR MEDICAL 
22    PROCEDURE AND ITS BENEFITS.".
23    (c)   This Section does not affect organ donation laws, 
24cadaver laws, or the Illinois Anatomical Gift Act. 
 

25    Section 99. Effective date. This Act takes effect June 1, 
 
 
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12019.".