SB1412enr 93RD GENERAL ASSEMBLY

SB1412 Enrolled LRB093 10132 LCB 10385 b

AN ACT concerning anatomical gifts.

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

4		Section 5. The Department of Public Health Powers and
5		Duties Law of the Civil Administrative Code of Illinois is
6		amended by changing Section 2310-330 as follows:
7		(20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
8		Sec. 2310-330. Sperm and tissue bank registry; AIDS test
9		for donors; penalties.
10		(a) The Department shall establish a registry of all sperm
11		banks and tissue banks operating in this State. All sperm banks
12		and tissue banks operating in this State shall register with
13		the Department by May 1 of each year. Any person, hospital,
14		clinic, corporation, partnership, or other legal entity that
15		operates a sperm bank or tissue bank in this State and fails to
16		register with the Department pursuant to this Section commits a
17		business offense and shall be subject to a fine of $5000.
18		(b) All donors of semen for purposes of artificial
19		insemination, or donors of corneas, bones, organs, or other
20		human tissue for the purpose of injecting, transfusing, or
21		transplanting any of them in the human body, shall be tested
22		for evidence of exposure to human immunodeficiency virus (HIV)
23		and any other identified causative agent of acquired
24		immunodeficiency syndrome (AIDS) at the time of or after the
25		donation but prior to the semen, corneas, bones, organs, or
26		other human tissue being made available for that use. However,
27		when in the opinion of the attending physician the life of a
28		recipient of a bone, organ, or other human tissue donation
29		would be jeopardized by delays caused by testing for evidence
30		of exposure to HIV and any other causative agent of AIDS,
31		testing shall not be required.
32		(c) No person may intentionally, knowingly, recklessly, or

1		negligently use the semen, corneas, bones, organs, or other
2		human tissue of a donor unless the requirements of subsection
3		(b) have been met. No person may intentionally, knowingly,
4		recklessly, or negligently use the semen, corneas, bones,
5		organs, or other human tissue of a donor who has tested
6		positive for exposure to HIV or any other identified causative
7		agent of AIDS. Violation of this subsection (c) shall be a
8		Class 4 felony.
9		(d) For the purposes of this Section, "human tissue" shall
10		not be construed to mean organs or whole blood or its component
11		parts.
12		For the purposes of this Section, "tissue bank" has the
13		same meaning as set forth in the Illinois Anatomical Gift Act.
14		means any facility or program that is involved in procuring,
15		furnishing, donating, processing, or distributing corneas,
16		bones, organs, or other human tissue for the purpose of
17		injecting, transfusing, or transplanting any of them in the
18		human body.
19		(Source: P.A. 91-239, eff. 1-1-00.)

20		Section 10. The School Code is amended by changing Section
21		27-23.5 as follows:
22		(105 ILCS 5/27-23.5)
23		Sec. 27-23.5. Organ/tissue donor and transplantation
24		programs. Each school district that maintains grades 9 and 10
25		may include in its curriculum and teach to the students of
26		either such grade one unit of instruction on organ/tissue donor
27		and transplantation programs. No student shall be required to
28		take or participate in instruction on organ/tissue donor and
29		transplantation programs if a parent or guardian files written
30		objection thereto on constitutional grounds, and refusal to
31		take or participate in such instruction on those grounds shall
32		not be reason for suspension or expulsion of a student or
33		result in any academic penalty.
34		The regional superintendent of schools in which a school

1		district that maintains grades 9 and 10 is located shall obtain
2		and distribute make available to each the school in his or her
3		board of the district information and data that may be used by
4		the school district in developing a unit of instruction under
5		this Section. However, each school board shall determine the
6		minimum amount of instructional time that shall qualify as a
7		unit of instruction satisfying the requirements of this
8		Section.
9		(Source: P.A. 90-635, eff. 7-24-98.)

10		Section 15. The Hospital Licensing Act is amended by
11		changing Sections 6.16 and 10.4 as follows:
12		(210 ILCS 85/6.16)
13		Sec. 6.16. Agreement with designated organ procurement
14		agency. Each hospital licensed under this Act shall have an
15		agreement with its federally designated organ procurement
16		agency providing for notification of the organ procurement
17		agency when potential organ donors become available, as
18		required in Section 5-25 of the Illinois Anatomical Gift Act 2
19		of the Organ Donation Request Act.
20		(Source: P.A. 89-393, eff. 8-20-95.)
21		(210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
22		Sec. 10.4. Medical staff privileges.
23		(a) Any hospital licensed under this Act or any hospital
24		organized under the University of Illinois Hospital Act shall,
25		prior to the granting of any medical staff privileges to an
26		applicant, or renewing a current medical staff member's
27		privileges, request of the Director of Professional Regulation
28		information concerning the licensure status and any
29		disciplinary action taken against the applicant's or medical
30		staff member's license, except for medical personnel who enter
31		a hospital to obtain organs and tissues for transplant from a
32		deceased donor in accordance with the Illinois Uniform
33		Anatomical Gift Act. The Director of Professional Regulation

1		shall transmit, in writing and in a timely fashion, such
2		information regarding the license of the applicant or the
3		medical staff member, including the record of imposition of any
4		periods of supervision or monitoring as a result of alcohol or
5		substance abuse, as provided by Section 23 of the Medical
6		Practice Act of 1987, and such information as may have been
7		submitted to the Department indicating that the application or
8		medical staff member has been denied, or has surrendered,
9		medical staff privileges at a hospital licensed under this Act,
10		or any equivalent facility in another state or territory of the
11		United States. The Director of Professional Regulation shall
12		define by rule the period for timely response to such requests.
13		No transmittal of information by the Director of
14		Professional Regulation, under this Section shall be to other
15		than the president, chief operating officer, chief
16		administrative officer, or chief of the medical staff of a
17		hospital licensed under this Act, a hospital organized under
18		the University of Illinois Hospital Act, or a hospital operated
19		by the United States, or any of its instrumentalities. The
20		information so transmitted shall be afforded the same status as
21		is information concerning medical studies by Part 21 of Article
22		VIII of the Code of Civil Procedure, as now or hereafter
23		amended.
24		(b) All hospitals licensed under this Act, except county
25		hospitals as defined in subsection (c) of Section 15-1 of the
26		Illinois Public Aid Code, shall comply with, and the medical
27		staff bylaws of these hospitals shall include rules consistent
28		with, the provisions of this Section in granting, limiting,
29		renewing, or denying medical staff membership and clinical
30		staff privileges. Hospitals that require medical staff members
31		to possess faculty status with a specific institution of higher
32		education are not required to comply with subsection (1) below
33		when the physician does not possess faculty status.
34		(1) Minimum procedures for pre-applicants and
35		applicants for medical staff membership shall include the
36		following:

1		(A) Written procedures relating to the acceptance
2		and processing of pre-applicants or applicants for
3		medical staff membership, which should be contained in
4		medical staff bylaws.
5		(B) Written procedures to be followed in
6		determining a pre-applicant's or an applicant's
7		qualifications for being granted medical staff
8		membership and privileges.
9		(C) Written criteria to be followed in evaluating a
10		pre-applicant's or an applicant's qualifications.
11		(D) An evaluation of a pre-applicant's or an
12		applicant's current health status and current license
13		status in Illinois.
14		(E) A written response to each pre-applicant or
15		applicant that explains the reason or reasons for any
16		adverse decision (including all reasons based in whole
17		or in part on the applicant's medical qualifications or
18		any other basis, including economic factors).
19		(2) Minimum procedures with respect to medical staff
20		and clinical privilege determinations concerning current
21		members of the medical staff shall include the following:
22		(A) A written notice of an adverse decision.
23		(B) An explanation of the reasons for an adverse
24		decision including all reasons based on the quality of
25		medical care or any other basis, including economic
26		factors.
27		(C) A statement of the medical staff member's right
28		to request a fair hearing on the adverse decision
29		before a hearing panel whose membership is mutually
30		agreed upon by the medical staff and the hospital
31		governing board. The hearing panel shall have
32		independent authority to recommend action to the
33		hospital governing board. Upon the request of the
34		medical staff member or the hospital governing board,
35		the hearing panel shall make findings concerning the
36		nature of each basis for any adverse decision

1		recommended to and accepted by the hospital governing
2		board.
3		(i) Nothing in this subparagraph (C) limits a
4		hospital's or medical staff's right to summarily
5		suspend, without a prior hearing, a person's
6		medical staff membership or clinical privileges if
7		the continuation of practice of a medical staff
8		member constitutes an immediate danger to the
9		public, including patients, visitors, and hospital
10		employees and staff. A fair hearing shall be
11		commenced within 15 days after the suspension and
12		completed without delay.
13		(ii) Nothing in this subparagraph (C) limits a
14		medical staff's right to permit, in the medical
15		staff bylaws, summary suspension of membership or
16		clinical privileges in designated administrative
17		circumstances as specifically approved by the
18		medical staff. This bylaw provision must
19		specifically describe both the administrative
20		circumstance that can result in a summary
21		suspension and the length of the summary
22		suspension. The opportunity for a fair hearing is
23		required for any administrative summary
24		suspension. Any requested hearing must be
25		commenced within 15 days after the summary
26		suspension and completed without delay. Adverse
27		decisions other than suspension or other
28		restrictions on the treatment or admission of
29		patients may be imposed summarily and without a
30		hearing under designated administrative
31		circumstances as specifically provided for in the
32		medical staff bylaws as approved by the medical
33		staff.
34		(iii) If a hospital exercises its option to
35		enter into an exclusive contract and that contract
36		results in the total or partial termination or

1		reduction of medical staff membership or clinical
2		privileges of a current medical staff member, the
3		hospital shall provide the affected medical staff
4		member 60 days prior notice of the effect on his or
5		her medical staff membership or privileges. An
6		affected medical staff member desiring a hearing
7		under subparagraph (C) of this paragraph (2) must
8		request the hearing within 14 days after the date
9		he or she is so notified. The requested hearing
10		shall be commenced and completed (with a report and
11		recommendation to the affected medical staff
12		member, hospital governing board, and medical
13		staff) within 30 days after the date of the medical
14		staff member's request. If agreed upon by both the
15		medical staff and the hospital governing board,
16		the medical staff bylaws may provide for longer
17		time periods.
18		(D) A statement of the member's right to inspect
19		all pertinent information in the hospital's possession
20		with respect to the decision.
21		(E) A statement of the member's right to present
22		witnesses and other evidence at the hearing on the
23		decision.
24		(F) A written notice and written explanation of the
25		decision resulting from the hearing.
26		(F-5) A written notice of a final adverse decision
27		by a hospital governing board.
28		(G) Notice given 15 days before implementation of
29		an adverse medical staff membership or clinical
30		privileges decision based substantially on economic
31		factors. This notice shall be given after the medical
32		staff member exhausts all applicable procedures under
33		this Section, including item (iii) of subparagraph (C)
34		of this paragraph (2), and under the medical staff
35		bylaws in order to allow sufficient time for the
36		orderly provision of patient care.

1		(H) Nothing in this paragraph (2) of this
2		subsection (b) limits a medical staff member's right to
3		waive, in writing, the rights provided in
4		subparagraphs (A) through (G) of this paragraph (2) of
5		this subsection (b) upon being granted the written
6		exclusive right to provide particular services at a
7		hospital, either individually or as a member of a
8		group. If an exclusive contract is signed by a
9		representative of a group of physicians, a waiver
10		contained in the contract shall apply to all members of
11		the group unless stated otherwise in the contract.
12		(3) Every adverse medical staff membership and
13		clinical privilege decision based substantially on
14		economic factors shall be reported to the Hospital
15		Licensing Board before the decision takes effect. These
16		reports shall not be disclosed in any form that reveals the
17		identity of any hospital or physician. These reports shall
18		be utilized to study the effects that hospital medical
19		staff membership and clinical privilege decisions based
20		upon economic factors have on access to care and the
21		availability of physician services. The Hospital Licensing
22		Board shall submit an initial study to the Governor and the
23		General Assembly by January 1, 1996, and subsequent reports
24		shall be submitted periodically thereafter.
25		(4) As used in this Section:
26		"Adverse decision" means a decision reducing,
27		restricting, suspending, revoking, denying, or not
28		renewing medical staff membership or clinical privileges.
29		"Economic factor" means any information or reasons for
30		decisions unrelated to quality of care or professional
31		competency.
32		"Pre-applicant" means a physician licensed to practice
33		medicine in all its branches who requests an application
34		for medical staff membership or privileges.
35		"Privilege" means permission to provide medical or
36		other patient care services and permission to use hospital

1		resources, including equipment, facilities and personnel
2		that are necessary to effectively provide medical or other
3		patient care services. This definition shall not be
4		construed to require a hospital to acquire additional
5		equipment, facilities, or personnel to accommodate the
6		granting of privileges.
7		(5) Any amendment to medical staff bylaws required
8		because of this amendatory Act of the 91st General Assembly
9		shall be adopted on or before July 1, 2001.
10		(c) All hospitals shall consult with the medical staff
11		prior to closing membership in the entire or any portion of the
12		medical staff or a department. If the hospital closes
13		membership in the medical staff, any portion of the medical
14		staff, or the department over the objections of the medical
15		staff, then the hospital shall provide a detailed written
16		explanation for the decision to the medical staff 10 days prior
17		to the effective date of any closure. No applications need to
18		be provided when membership in the medical staff or any
19		relevant portion of the medical staff is closed.
20		(Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98; 90-655,
21		eff. 7-30-98; 91-166, eff. 1-1-00.)

22		Section 20. The AIDS Confidentiality Act is amended by
23		changing Section 7 as follows:
24		(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
25		Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
26		and 6 of this Act, written informed consent is not required for
27		a health care provider or health facility to perform a test
28		when the health care provider or health facility procures,
29		processes, distributes or uses a human body part donated for a
30		purpose specified under the Illinois Uniform Anatomical Gift
31		Act, or semen provided prior to the effective date of this Act
32		for the purpose of artificial insemination, and such a test is
33		necessary to assure medical acceptability of such gift or semen
34		for the purposes intended.

1		(b) Written informed consent is not required for a health
2		care provider or health facility to perform a test when a
3		health care provider or employee of a health facility, or a
4		firefighter or an EMT-A, EMT-I or EMT-P, is involved in an
5		accidental direct skin or mucous membrane contact with the
6		blood or bodily fluids of an individual which is of a nature
7		that may transmit HIV, as determined by a physician in his
8		medical judgment. Should such test prove to be positive, the
9		patient and the health care provider, health facility employee,
10		firefighter, EMT-A, EMT-I, or EMT-P shall be provided
11		appropriate counseling consistent with this Act.
12		(c) Written informed consent is not required for a health
13		care provider or health facility to perform a test when a law
14		enforcement officer is involved in the line of duty in a direct
15		skin or mucous membrane contact with the blood or bodily fluids
16		of an individual which is of a nature that may transmit HIV, as
17		determined by a physician in his medical judgment. Should such
18		test prove to be positive, the patient shall be provided
19		appropriate counseling consistent with this Act. For purposes
20		of this subsection (c), "law enforcement officer" means any
21		person employed by the State, a county or a municipality as a
22		policeman, peace officer, auxiliary policeman, correctional
23		officer or in some like position involving the enforcement of
24		the law and protection of the public interest at the risk of
25		that person's life.
26		(Source: P.A. 86-887; 86-891; 86-1028; 87-459.)

27		Section 25. The Illinois Vehicle Code is amended by
28		changing Sections 6-110 and 12-215 as follows:
29		(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
30		Sec. 6-110. Licenses issued to drivers.
31		(a) The Secretary of State shall issue to every qualifying
32		applicant a driver's license as applied for, which license
33		shall bear a distinguishing number assigned to the licensee,
34		the name, social security number, zip code, date of birth,

1		address, and a brief description of the licensee, and a space
2		where the licensee may write his usual signature.
3		If the licensee is less than 17 years of age, the license
4		shall, as a matter of law, be invalid for the operation of any
5		motor vehicle during any time the licensee is prohibited from
6		being on any street or highway under the provisions of the
7		Child Curfew Act.
8		Licenses issued shall also indicate the classification and
9		the restrictions under Section 6-104 of this Code.
10		In lieu of the social security number, the Secretary may in
11		his discretion substitute a federal tax number or other
12		distinctive number.
13		A driver's license issued may, in the discretion of the
14		Secretary, include a suitable photograph of a type prescribed
15		by the Secretary.
16		(b) The Secretary of State shall provide a format on the
17		reverse of each driver's license issued which the licensee may
18		use to execute a document of gift conforming to the provisions
19		of the Illinois Uniform Anatomical Gift Act. The format shall
20		allow the licensee to indicate the gift intended, whether
21		specific organs, any organ, or the entire body, and shall
22		accommodate the signatures of the donor and 2 witnesses. The
23		Secretary shall also inform each applicant or licensee of this
24		format, describe the procedure for its execution, and may offer
25		the necessary witnesses; provided that in so doing, the
26		Secretary shall advise the applicant or licensee that he or she
27		is under no compulsion to execute a document of gift. A
28		brochure explaining this method of executing an anatomical gift
29		document shall be given to each applicant or licensee. The
30		brochure shall advise the applicant or licensee that he or she
31		is under no compulsion to execute a document of gift, and that
32		he or she may wish to consult with family, friends or clergy
33		before doing so. The Secretary of State may undertake
34		additional efforts, including education and awareness
35		activities, to promote organ and tissue donation.
36		(c) The Secretary of State shall designate on each driver's

1		license issued a space where the licensee may place a sticker
2		or decal of the uniform size as the Secretary may specify,
3		which sticker or decal may indicate in appropriate language
4		that the owner of the license carries an Emergency Medical
5		Information Card.
6		The sticker may be provided by any person, hospital,
7		school, medical group, or association interested in assisting
8		in implementing the Emergency Medical Information Card, but
9		shall meet the specifications as the Secretary may by rule or
10		regulation require.
11		(d) The Secretary of State shall designate on each driver's
12		license issued a space where the licensee may indicate his
13		blood type and RH factor.
14		(e) The Secretary of State shall provide that each original
15		or renewal driver's license issued to a licensee under 21 years
16		of age shall be of a distinct nature from those driver's
17		licenses issued to individuals 21 years of age and older. The
18		color designated for driver's licenses for licensees under 21
19		years of age shall be at the discretion of the Secretary of
20		State.
21		(e-1) The Secretary shall provide that each driver's
22		license issued to a person under the age of 21 displays the
23		date upon which the person becomes 18 years of age and the date
24		upon which the person becomes 21 years of age.
25		(f) The Secretary of State shall inform all Illinois
26		licensed commercial motor vehicle operators of the
27		requirements of the Uniform Commercial Driver License Act,
28		Article V of this Chapter, and shall make provisions to insure
29		that all drivers, seeking to obtain a commercial driver's
30		license, be afforded an opportunity prior to April 1, 1992, to
31		obtain the license. The Secretary is authorized to extend
32		driver's license expiration dates, and assign specific times,
33		dates and locations where these commercial driver's tests shall
34		be conducted. Any applicant, regardless of the current
35		expiration date of the applicant's driver's license, may be
36		subject to any assignment by the Secretary. Failure to comply

1		with the Secretary's assignment may result in the applicant's
2		forfeiture of an opportunity to receive a commercial driver's
3		license prior to April 1, 1992.
4		(g) The Secretary of State shall designate on a driver's
5		license issued, a space where the licensee may indicate that he
6		or she has drafted a living will in accordance with the
7		Illinois Living Will Act or a durable power of attorney for
8		health care in accordance with the Illinois Power of Attorney
9		Act.
10		(g-1) The Secretary of State, in his or her discretion, may
11		designate on each driver's license issued a space where the
12		licensee may place a sticker or decal, issued by the Secretary
13		of State, of uniform size as the Secretary may specify, that
14		shall indicate in appropriate language that the owner of the
15		license has renewed his or her driver's license.
16		(h) A person who acts in good faith in accordance with the
17		terms of this Section is not liable for damages in any civil
18		action or subject to prosecution in any criminal proceeding for
19		his or her act.
20		(Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)
21		(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
22		(Text of Section before amendment by P.A. 92-872)
23		Sec. 12-215. Oscillating, rotating or flashing lights on
24		motor vehicles. Except as otherwise provided in this Code:
25		(a) The use of red or white oscillating, rotating or
26		flashing lights, whether lighted or unlighted, is prohibited
27		except on:
28		1. Law enforcement vehicles of State, Federal or local
29		authorities;
30		2. A vehicle operated by a police officer or county
31		coroner and designated or authorized by local authorities,
32		in writing, as a law enforcement vehicle; however, such
33		designation or authorization must be carried in the
34		vehicle;
35		3. Vehicles of local fire departments and State or

1		federal firefighting vehicles;
2		4. Vehicles which are designed and used exclusively as
3		ambulances or rescue vehicles; furthermore, such lights
4		shall not be lighted except when responding to an emergency
5		call for and while actually conveying the sick or injured;
6		5. Tow trucks licensed in a state that requires such
7		lights; furthermore, such lights shall not be lighted on
8		any such tow truck while the tow truck is operating in the
9		State of Illinois;
10		6. Vehicles of the Illinois Emergency Management
11		Agency, and vehicles of the Department of Nuclear Safety;
12		and
13		7. Vehicles operated by a local or county emergency
14		management services agency as defined in the Illinois
15		Emergency Management Agency Act; and .
16		8. Vehicles that are equipped and used exclusively as
17		organ transplant vehicles when used in combination with
18		blue oscillating, rotating, or flashing lights;
19		furthermore, these lights shall be lighted only when the
20		transportation is declared an emergency by a member of the
21		transplant team or a representative of the organ
22		procurement organization.
23		(b) The use of amber oscillating, rotating or flashing
24		lights, whether lighted or unlighted, is prohibited except on:
25		1. Second division vehicles designed and used for
26		towing or hoisting vehicles; furthermore, such lights
27		shall not be lighted except as required in this paragraph
28		1; such lights shall be lighted when such vehicles are
29		actually being used at the scene of an accident or
30		disablement; if the towing vehicle is equipped with a flat
31		bed that supports all wheels of the vehicle being
32		transported, the lights shall not be lighted while the
33		vehicle is engaged in towing on a highway; if the towing
34		vehicle is not equipped with a flat bed that supports all
35		wheels of a vehicle being transported, the lights shall be
36		lighted while the towing vehicle is engaged in towing on a

1		highway during all times when the use of headlights is
2		required under Section 12-201 of this Code;
3		2. Motor vehicles or equipment of the State of
4		Illinois, local authorities and contractors; furthermore,
5		such lights shall not be lighted except while such vehicles
6		are engaged in maintenance or construction operations
7		within the limits of construction projects;
8		3. Vehicles or equipment used by engineering or survey
9		crews; furthermore, such lights shall not be lighted except
10		while such vehicles are actually engaged in work on a
11		highway;
12		4. Vehicles of public utilities, municipalities, or
13		other construction, maintenance or automotive service
14		vehicles except that such lights shall be lighted only as a
15		means for indicating the presence of a vehicular traffic
16		hazard requiring unusual care in approaching, overtaking
17		or passing while such vehicles are engaged in maintenance,
18		service or construction on a highway;
19		5. Oversized vehicle or load; however, such lights
20		shall only be lighted when moving under permit issued by
21		the Department under Section 15-301 of this Code;
22		6. The front and rear of motorized equipment owned and
23		operated by the State of Illinois or any political
24		subdivision thereof, which is designed and used for removal
25		of snow and ice from highways;
26		7. Fleet safety vehicles registered in another state,
27		furthermore, such lights shall not be lighted except as
28		provided for in Section 12-212 of this Code;
29		8. Such other vehicles as may be authorized by local
30		authorities;
31		9. Law enforcement vehicles of State or local
32		authorities when used in combination with red oscillating,
33		rotating or flashing lights;
34		9.5. Propane delivery trucks;
35		10. Vehicles used for collecting or delivering mail for
36		the United States Postal Service provided that such lights

1		shall not be lighted except when such vehicles are actually
2		being used for such purposes;
3		11. Any vehicle displaying a slow-moving vehicle
4		emblem as provided in Section 12-205.1;
5		12. All trucks equipped with self-compactors or
6		roll-off hoists and roll-on containers for garbage or
7		refuse hauling. Such lights shall not be lighted except
8		when such vehicles are actually being used for such
9		purposes;
10		13. Vehicles used by a security company, alarm
11		responder, or control agency; and
12		14. Security vehicles of the Department of Human
13		Services; however, the lights shall not be lighted except
14		when being used for security related purposes under the
15		direction of the superintendent of the facility where the
16		vehicle is located.
17		(c) The use of blue oscillating, rotating or flashing
18		lights, whether lighted or unlighted, is prohibited except on:
19		1. Rescue squad vehicles not owned by a fire department
20		and vehicles owned or fully operated by a:
21		voluntary firefighter;
22		paid firefighter;
23		part-paid firefighter;
24		call firefighter;
25		member of the board of trustees of a fire
26		protection district;
27		paid or unpaid member of a rescue squad;
28		paid or unpaid member of a voluntary ambulance
29		unit; or
30		paid or unpaid members of a local or county
31		emergency management services agency as defined in the
32		Illinois Emergency Management Agency Act, designated
33		or authorized by local authorities, in writing, and
34		carrying that designation or authorization in the
35		vehicle.
36		However, such lights are not to be lighted except when

1		responding to a bona fide emergency.
2		2. Police department vehicles in cities having a
3		population of 500,000 or more inhabitants.
4		3. Law enforcement vehicles of State or local
5		authorities when used in combination with red oscillating,
6		rotating or flashing lights.
7		4. Vehicles of local fire departments and State or
8		federal firefighting vehicles when used in combination
9		with red oscillating, rotating or flashing lights.
10		5. Vehicles which are designed and used exclusively as
11		ambulances or rescue vehicles when used in combination with
12		red oscillating, rotating or flashing lights; furthermore,
13		such lights shall not be lighted except when responding to
14		an emergency call.
15		6. Vehicles that are equipped and used exclusively as
16		organ transport vehicles when used in combination with red
17		oscillating, rotating, or flashing lights; furthermore,
18		these lights shall only be lighted when the transportation
19		is declared an emergency by a member of the transplant team
20		or a representative of the organ procurement organization.
21		7. Vehicles of the Illinois Emergency Management
22		Agency and vehicles of the Department of Nuclear Safety,
23		when used in combination with red oscillating, rotating, or
24		flashing lights.
25		8. Vehicles operated by a local or county emergency
26		management services agency as defined in the Illinois
27		Emergency Management Agency Act, when used in combination
28		with red oscillating, rotating, or flashing lights.
29		(c-1) In addition to the blue oscillating, rotating, or
30		flashing lights permitted under subsection (c), and
31		notwithstanding subsection (a), a vehicle operated by a
32		voluntary firefighter may be equipped with flashing white
33		headlights and blue grill lights, which may be used only in
34		responding to an emergency call.
35		(c-2) In addition to the blue oscillating, rotating, or
36		flashing lights permitted under subsection (c), and

1		notwithstanding subsection (a), a vehicle operated by a paid or
2		unpaid member of a local or county emergency management
3		services agency as defined in the Illinois Emergency Management
4		Agency Act, may be equipped with white oscillating, rotating,
5		or flashing lights to be used in combination with blue
6		oscillating, rotating, or flashing lights, if authorization by
7		local authorities is in writing and carried in the vehicle.
8		(d) The use of a combination of amber and white
9		oscillating, rotating or flashing lights, whether lighted or
10		unlighted, is prohibited, except motor vehicles or equipment of
11		the State of Illinois, local authorities and contractors may be
12		so equipped; furthermore, such lights shall not be lighted
13		except while such vehicles are engaged in highway maintenance
14		or construction operations within the limits of highway
15		construction projects.
16		(e) All oscillating, rotating or flashing lights referred
17		to in this Section shall be of sufficient intensity, when
18		illuminated, to be visible at 500 feet in normal sunlight.
19		(f) Nothing in this Section shall prohibit a manufacturer
20		of oscillating, rotating or flashing lights or his
21		representative from temporarily mounting such lights on a
22		vehicle for demonstration purposes only.
23		(g) Any person violating the provisions of subsections (a),
24		(b), (c) or (d) of this Section who without lawful authority
25		stops or detains or attempts to stop or detain another person
26		shall be guilty of a Class 4 felony.
27		(h) Except as provided in subsection (g) above, any person
28		violating the provisions of subsections (a) or (c) of this
29		Section shall be guilty of a Class A misdemeanor.
30		(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
31		92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.
32		8-6-02; 92-820, eff. 8-21-02; revised 8-26-02.)
33		(Text of Section after amendment by P.A. 92-872)
34		Sec. 12-215. Oscillating, rotating or flashing lights on
35		motor vehicles. Except as otherwise provided in this Code:

1		(a) The use of red or white oscillating, rotating or
2		flashing lights, whether lighted or unlighted, is prohibited
3		except on:
4		1. Law enforcement vehicles of State, Federal or local
5		authorities;
6		2. A vehicle operated by a police officer or county
7		coroner and designated or authorized by local authorities,
8		in writing, as a law enforcement vehicle; however, such
9		designation or authorization must be carried in the
10		vehicle;
11		3. Vehicles of local fire departments and State or
12		federal firefighting vehicles;
13		4. Vehicles which are designed and used exclusively as
14		ambulances or rescue vehicles; furthermore, such lights
15		shall not be lighted except when responding to an emergency
16		call for and while actually conveying the sick or injured;
17		5. Tow trucks licensed in a state that requires such
18		lights; furthermore, such lights shall not be lighted on
19		any such tow truck while the tow truck is operating in the
20		State of Illinois;
21		6. Vehicles of the Illinois Emergency Management
22		Agency, and vehicles of the Department of Nuclear Safety;
23		and
24		7. Vehicles operated by a local or county emergency
25		management services agency as defined in the Illinois
26		Emergency Management Agency Act; and .
27		8. Vehicles that are equipped and used exclusively as
28		organ transplant vehicles when used in combination with
29		blue oscillating, rotating, or flashing lights;
30		furthermore, these lights shall be lighted only when the
31		transportation is declared an emergency by a member of the
32		transplant team or a representative of the organ
33		procurement organization.
34		(b) The use of amber oscillating, rotating or flashing
35		lights, whether lighted or unlighted, is prohibited except on:
36		1. Second division vehicles designed and used for

1		towing or hoisting vehicles; furthermore, such lights
2		shall not be lighted except as required in this paragraph
3		1; such lights shall be lighted when such vehicles are
4		actually being used at the scene of an accident or
5		disablement; if the towing vehicle is equipped with a flat
6		bed that supports all wheels of the vehicle being
7		transported, the lights shall not be lighted while the
8		vehicle is engaged in towing on a highway; if the towing
9		vehicle is not equipped with a flat bed that supports all
10		wheels of a vehicle being transported, the lights shall be
11		lighted while the towing vehicle is engaged in towing on a
12		highway during all times when the use of headlights is
13		required under Section 12-201 of this Code;
14		2. Motor vehicles or equipment of the State of
15		Illinois, local authorities and contractors; furthermore,
16		such lights shall not be lighted except while such vehicles
17		are engaged in maintenance or construction operations
18		within the limits of construction projects;
19		3. Vehicles or equipment used by engineering or survey
20		crews; furthermore, such lights shall not be lighted except
21		while such vehicles are actually engaged in work on a
22		highway;
23		4. Vehicles of public utilities, municipalities, or
24		other construction, maintenance or automotive service
25		vehicles except that such lights shall be lighted only as a
26		means for indicating the presence of a vehicular traffic
27		hazard requiring unusual care in approaching, overtaking
28		or passing while such vehicles are engaged in maintenance,
29		service or construction on a highway;
30		5. Oversized vehicle or load; however, such lights
31		shall only be lighted when moving under permit issued by
32		the Department under Section 15-301 of this Code;
33		6. The front and rear of motorized equipment owned and
34		operated by the State of Illinois or any political
35		subdivision thereof, which is designed and used for removal
36		of snow and ice from highways;

1		7. Fleet safety vehicles registered in another state,
2		furthermore, such lights shall not be lighted except as
3		provided for in Section 12-212 of this Code;
4		8. Such other vehicles as may be authorized by local
5		authorities;
6		9. Law enforcement vehicles of State or local
7		authorities when used in combination with red oscillating,
8		rotating or flashing lights;
9		9.5. Propane delivery trucks;
10		10. Vehicles used for collecting or delivering mail for
11		the United States Postal Service provided that such lights
12		shall not be lighted except when such vehicles are actually
13		being used for such purposes;
14		11. Any vehicle displaying a slow-moving vehicle
15		emblem as provided in Section 12-205.1;
16		12. All trucks equipped with self-compactors or
17		roll-off hoists and roll-on containers for garbage or
18		refuse hauling. Such lights shall not be lighted except
19		when such vehicles are actually being used for such
20		purposes;
21		13. Vehicles used by a security company, alarm
22		responder, or control agency;
23		14. Security vehicles of the Department of Human
24		Services; however, the lights shall not be lighted except
25		when being used for security related purposes under the
26		direction of the superintendent of the facility where the
27		vehicle is located; and
28		15. Vehicles of union representatives, except that the
29		lights shall be lighted only while the vehicle is within
30		the limits of a construction project.
31		(c) The use of blue oscillating, rotating or flashing
32		lights, whether lighted or unlighted, is prohibited except on:
33		1. Rescue squad vehicles not owned by a fire department
34		and vehicles owned or fully operated by a:
35		voluntary firefighter;
36		paid firefighter;

1		part-paid firefighter;
2		call firefighter;
3		member of the board of trustees of a fire
4		protection district;
5		paid or unpaid member of a rescue squad;
6		paid or unpaid member of a voluntary ambulance
7		unit; or
8		paid or unpaid members of a local or county
9		emergency management services agency as defined in the
10		Illinois Emergency Management Agency Act, designated
11		or authorized by local authorities, in writing, and
12		carrying that designation or authorization in the
13		vehicle.
14		However, such lights are not to be lighted except when
15		responding to a bona fide emergency.
16		2. Police department vehicles in cities having a
17		population of 500,000 or more inhabitants.
18		3. Law enforcement vehicles of State or local
19		authorities when used in combination with red oscillating,
20		rotating or flashing lights.
21		4. Vehicles of local fire departments and State or
22		federal firefighting vehicles when used in combination
23		with red oscillating, rotating or flashing lights.
24		5. Vehicles which are designed and used exclusively as
25		ambulances or rescue vehicles when used in combination with
26		red oscillating, rotating or flashing lights; furthermore,
27		such lights shall not be lighted except when responding to
28		an emergency call.
29		6. Vehicles that are equipped and used exclusively as
30		organ transport vehicles when used in combination with red
31		oscillating, rotating, or flashing lights; furthermore,
32		these lights shall only be lighted when the transportation
33		is declared an emergency by a member of the transplant team
34		or a representative of the organ procurement organization.
35		7. Vehicles of the Illinois Emergency Management
36		Agency and vehicles of the Department of Nuclear Safety,

1		when used in combination with red oscillating, rotating, or
2		flashing lights.
3		8. Vehicles operated by a local or county emergency
4		management services agency as defined in the Illinois
5		Emergency Management Agency Act, when used in combination
6		with red oscillating, rotating, or flashing lights.
7		(c-1) In addition to the blue oscillating, rotating, or
8		flashing lights permitted under subsection (c), and
9		notwithstanding subsection (a), a vehicle operated by a
10		voluntary firefighter, a voluntary member of a rescue squad, or
11		a member of a voluntary ambulance unit may be equipped with
12		flashing white headlights and blue grill lights, which may be
13		used only in responding to an emergency call.
14		(c-2) In addition to the blue oscillating, rotating, or
15		flashing lights permitted under subsection (c), and
16		notwithstanding subsection (a), a vehicle operated by a paid or
17		unpaid member of a local or county emergency management
18		services agency as defined in the Illinois Emergency Management
19		Agency Act, may be equipped with white oscillating, rotating,
20		or flashing lights to be used in combination with blue
21		oscillating, rotating, or flashing lights, if authorization by
22		local authorities is in writing and carried in the vehicle.
23		(d) The use of a combination of amber and white
24		oscillating, rotating or flashing lights, whether lighted or
25		unlighted, is prohibited except motor vehicles or equipment of
26		the State of Illinois, local authorities, contractors, and
27		union representatives may be so equipped; furthermore, such
28		lights shall not be lighted on vehicles of the State of
29		Illinois, local authorities, and contractors except while such
30		vehicles are engaged in highway maintenance or construction
31		operations within the limits of highway construction projects,
32		and shall not be lighted on the vehicles of union
33		representatives except when those vehicles are within the
34		limits of a construction project.
35		(e) All oscillating, rotating or flashing lights referred
36		to in this Section shall be of sufficient intensity, when

1		illuminated, to be visible at 500 feet in normal sunlight.
2		(f) Nothing in this Section shall prohibit a manufacturer
3		of oscillating, rotating or flashing lights or his
4		representative from temporarily mounting such lights on a
5		vehicle for demonstration purposes only.
6		(g) Any person violating the provisions of subsections (a),
7		(b), (c) or (d) of this Section who without lawful authority
8		stops or detains or attempts to stop or detain another person
9		shall be guilty of a Class 4 felony.
10		(h) Except as provided in subsection (g) above, any person
11		violating the provisions of subsections (a) or (c) of this
12		Section shall be guilty of a Class A misdemeanor.
13		(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
14		92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.
15		8-6-02; 92-820, eff. 8-21-02; 92-872, eff. 6-1-03; revised
16		1-10-03.)

17		Section 30. The Criminal Code of 1961 is amended by
18		changing Section 12-20 as follows:
19		(720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
20		Sec. 12-20. Sale of body parts. (a) Except as provided in
21		subsection (b), any person who knowingly buys or sells, or
22		offers to buy or sell, a human body or any part of a human body,
23		is guilty of a Class A misdemeanor for the first conviction and
24		a Class 4 felony for subsequent convictions.
25		(b) This Section does not prohibit:
26		(1) An anatomical gift made in accordance with the Illinois
27		Uniform Anatomical Gift Act.
28		(2) The removal and use of a human cornea in accordance
29		with the Illinois Anatomical Gift Corneal Transplant Act.
30		(3) Reimbursement of actual expenses incurred by a living
31		person in donating an organ, tissue or other body part or fluid
32		for transplantation, implantation, infusion, injection, or
33		other medical or scientific purpose, including medical costs,
34		loss of income, and travel expenses.

1		(4) Payments provided under a plan of insurance or other
2		health care coverage.
3		(5) Reimbursement of reasonable costs associated with the
4		removal, storage or transportation of a human body or part
5		thereof donated for medical or scientific purposes.
6		(6) Purchase or sale of blood, plasma, blood products or
7		derivatives, other body fluids, or human hair.
8		(7) Purchase or sale of drugs, reagents or other substances
9		made from human bodies or body parts, for use in medical or
10		scientific research, treatment or diagnosis.
11		(Source: P.A. 85-191.)

12		Section 35. The Illinois Living Will Act is amended by
13		changing Section 6 as follows:
14		(755 ILCS 35/6) (from Ch. 110 1/2, par. 706)
15		Sec. 6. Physician Responsibilities. An attending
16		physician who has been notified of the existence of a
17		declaration executed under this Act, without delay after the
18		diagnosis of a terminal condition of the patient, shall take
19		the necessary steps to provide for written recording of the
20		patient's terminal condition, so that the patient may be deemed
21		to be a qualified patient under this Act, or shall notify the
22		patient or, if the patient is unable to initiate a transfer,
23		the person or persons described in subsection (d) of Section 3
24		in the order of priority stated therein that the physician is
25		unwilling to comply with the provisions of the patient's
26		declaration. In the event of the patient's death as determined
27		by a physician, all medical care is to be terminated unless the
28		patient is an organ donor, in which case appropriate organ
29		donation treatment may be applied or continued temporarily.
30		(Source: P.A. 85-860.)

31		Section 40. The Health Care Surrogate Act is amended by
32		changing Sections 20 and 65 as follows:

1		(755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)
2		Sec. 20. Private decision making process.
3		(a) Decisions whether to forgo life-sustaining or any other
4		form of medical treatment involving an adult patient with
5		decisional capacity may be made by that adult patient.
6		(b) Decisions whether to forgo life-sustaining treatment
7		on behalf of a patient without decisional capacity are lawful,
8		without resort to the courts or legal process, if the patient
9		has a qualifying condition and if the decisions are made in
10		accordance with one of the following paragraphs in this
11		subsection and otherwise meet the requirements of this Act:
12		(1) Decisions whether to forgo life-sustaining
13		treatment on behalf of a minor or an adult patient who
14		lacks decisional capacity may be made by a surrogate
15		decision maker or makers in consultation with the attending
16		physician, in the order or priority provided in Section 25.
17		A surrogate decision maker shall make decisions for the
18		adult patient conforming as closely as possible to what the
19		patient would have done or intended under the
20		circumstances, taking into account evidence that includes,
21		but is not limited to, the patient's personal,
22		philosophical, religious and moral beliefs and ethical
23		values relative to the purpose of life, sickness, medical
24		procedures, suffering, and death. Where possible, the
25		surrogate shall determine how the patient would have
26		weighed the burdens and benefits of initiating or
27		continuing life-sustaining treatment against the burdens
28		and benefits of that treatment. In the event an unrevoked
29		advance directive, such as a living will, a declaration for
30		mental health treatment, or a power of attorney for health
31		care, is no longer valid due to a technical deficiency or
32		is not applicable to the patient's condition, that document
33		may be used as evidence of a patient's wishes. The absence
34		of a living will, declaration for mental health treatment,
35		or power of attorney for health care shall not give rise to
36		any presumption as to the patient's preferences regarding

1		the initiation or continuation of life-sustaining
2		procedures. If the adult patient's wishes are unknown and
3		remain unknown after reasonable efforts to discern them or
4		if the patient is a minor, the decision shall be made on
5		the basis of the patient's best interests as determined by
6		the surrogate decision maker. In determining the patient's
7		best interests, the surrogate shall weigh the burdens on
8		and benefits to the patient of initiating or continuing
9		life-sustaining treatment against the burdens and benefits
10		of that treatment and shall take into account any other
11		information, including the views of family and friends,
12		that the surrogate decision maker believes the patient
13		would have considered if able to act for herself or
14		himself.
15		(2) Decisions whether to forgo life-sustaining
16		treatment on behalf of a minor or an adult patient who
17		lacks decisional capacity, but without any surrogate
18		decision maker or guardian being available determined
19		after reasonable inquiry by the health care provider, may
20		be made by a court appointed guardian. A court appointed
21		guardian shall be treated as a surrogate for the purposes
22		of this Act.
23		(b-5) Decisions concerning medical treatment on behalf of a
24		patient without decisional capacity are lawful, without resort
25		to the courts or legal process, if the patient does not have a
26		qualifying condition and if decisions are made in accordance
27		with one of the following paragraphs in this subsection and
28		otherwise meet the requirements of this Act:
29		(1) Decisions concerning medical treatment on behalf
30		of a minor or adult patient who lacks decisional capacity
31		may be made by a surrogate decision maker or makers in
32		consultation with the attending physician, in the order of
33		priority provided in Section 25 with the exception that
34		decisions to forgo life-sustaining treatment may be made
35		only when a patient has a qualifying condition. A surrogate
36		decision maker shall make decisions for the patient

1		conforming as closely as possible to what the patient would
2		have done or intended under the circumstances, taking into
3		account evidence that includes, but is not limited to, the
4		patient's personal, philosophical, religious, and moral
5		beliefs and ethical values relative to the purpose of life,
6		sickness, medical procedures, suffering, and death. In the
7		event an unrevoked advance directive, such as a living
8		will, a declaration for mental health treatment, or a power
9		of attorney for health care, is no longer valid due to a
10		technical deficiency or is not applicable to the patient's
11		condition, that document may be used as evidence of a
12		patient's wishes. The absence of a living will, declaration
13		for mental health treatment, or power of attorney for
14		health care shall not give rise to any presumption as to
15		the patient's preferences regarding any process. If the
16		adult patient's wishes are unknown and remain unknown after
17		reasonable efforts to discern them or if the patient is a
18		minor, the decision shall be made on the basis of the
19		patient's best interests as determined by the surrogate
20		decision maker. In determining the patient's best
21		interests, the surrogate shall weigh the burdens on and
22		benefits to the patient of the treatment against the
23		burdens and benefits of that treatment and shall take into
24		account any other information, including the views of
25		family and friends, that the surrogate decision maker
26		believes the patient would have considered if able to act
27		for herself or himself.
28		(2) Decisions concerning medical treatment on behalf
29		of a minor or adult patient who lacks decisional capacity,
30		but without any surrogate decision maker or guardian being
31		available as determined after reasonable inquiry by the
32		health care provider, may be made by a court appointed
33		guardian. A court appointed guardian shall be treated as a
34		surrogate for the purposes of this Act.
35		(c) For the purposes of this Act, a patient or surrogate
36		decision maker is presumed to have decisional capacity in the

1		absence of actual notice to the contrary without regard to
2		advanced age. With respect to a patient, a diagnosis of mental
3		illness or mental retardation, of itself, is not a bar to a
4		determination of decisional capacity. A determination that an
5		adult patient lacks decisional capacity shall be made by the
6		attending physician to a reasonable degree of medical
7		certainty. The determination shall be in writing in the
8		patient's medical record and shall set forth the attending
9		physician's opinion regarding the cause, nature, and duration
10		of the patient's lack of decisional capacity. Before
11		implementation of a decision by a surrogate decision maker to
12		forgo life-sustaining treatment, at least one other qualified
13		physician must concur in the determination that an adult
14		patient lacks decisional capacity. The concurring
15		determination shall be made in writing in the patient's medical
16		record after personal examination of the patient. The attending
17		physician shall inform the patient that it has been determined
18		that the patient lacks decisional capacity and that a surrogate
19		decision maker will be making life-sustaining treatment
20		decisions on behalf of the patient. Moreover, the patient shall
21		be informed of the identity of the surrogate decision maker and
22		any decisions made by that surrogate. If the person identified
23		as the surrogate decision maker is not a court appointed
24		guardian and the patient objects to the statutory surrogate
25		decision maker or any decision made by that surrogate decision
26		maker, then the provisions of this Act shall not apply.
27		(d) A surrogate decision maker acting on behalf of the
28		patient shall express decisions to forgo life-sustaining
29		treatment to the attending physician and one adult witness who
30		is at least 18 years of age. This decision and the substance of
31		any known discussion before making the decision shall be
32		documented by the attending physician in the patient's medical
33		record and signed by the witness.
34		(e) The existence of a qualifying condition shall be
35		documented in writing in the patient's medical record by the
36		attending physician and shall include its cause and nature, if

1		known. The written concurrence of another qualified physician
2		is also required.
3		(f) Once the provisions of this Act are complied with, the
4		attending physician shall thereafter promptly implement the
5		decision to forgo life-sustaining treatment on behalf of the
6		patient unless he or she believes that the surrogate decision
7		maker is not acting in accordance with his or her
8		responsibilities under this Act, or is unable to do so for
9		reasons of conscience or other personal views or beliefs.
10		(g) In the event of a patient's death as determined by a
11		physician, all life-sustaining treatment and other medical
12		care is to be terminated, unless the patient is an organ donor,
13		in which case appropriate organ donation treatment may be
14		applied or continued temporarily.
15		(Source: P.A. 90-246, eff. 1-1-98.)
16		(755 ILCS 40/65)
17		Sec. 65. Do-not-resuscitate orders.
18		(a) An individual of sound mind and having reached the age
19		of majority or having obtained the status of an emancipated
20		person pursuant to the Emancipation of Mature Minors Act may
21		execute a document (consistent with the Department of Public
22		Health Uniform DNR Order Form) directing that resuscitating
23		efforts shall not be implemented. Such an order may also be
24		executed by an attending physician. Notwithstanding the
25		existence of a DNR order, appropriate organ donation treatment
26		may be applied or continued temporarily in the event of the
27		patient's death, in accordance with subsection (g) of Section
28		20 of this Act, if the patient is an organ donor.
29		(b) Consent to a DNR order may be obtained from the
30		individual, or from another person at the individual's
31		direction, or from the individual's legal guardian, agent under
32		a power of attorney for health care, or surrogate decision
33		maker, and witnessed by 2 individuals 18 years of age or older.
34		(c) The DNR order may, but need not, be in the form adopted
35		by the Department of Public Health pursuant to Section 2310-600

1		of the Department of Public Health Powers and Duties Law (20
2		ILCS 2310/2310-600).
3		(d) A health care professional or health care provider may
4		presume, in the absence of knowledge to the contrary, that a
5		completed Department of Public Health Uniform DNR Order form or
6		a copy of that form is a valid DNR order. A health care
7		professional or health care provider, or an employee of a
8		health care professional or health care provider, who in good
9		faith complies with a do-not-resuscitate order made in
10		accordance with this Act is not, as a result of that
11		compliance, subject to any criminal or civil liability, except
12		for willful and wanton misconduct, and may not be found to have
13		committed an act of unprofessional conduct.
14		(Source: P.A. 92-356, eff. 10-1-01.)

15		Section 45. The Illinois Power of Attorney Act is amended
16		by changing Sections 4-7 and 4-10 as follows:
17		(755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
18		Sec. 4-7. Duties of health care providers and others in
19		relation to health care agencies. Each health care provider and
20		each other person with whom an agent deals under a health care
21		agency shall be subject to the following duties and
22		responsibilities:
23		(a) It is the responsibility of the agent or patient to
24		notify the health care provider of the existence of the health
25		care agency and any amendment or revocation thereof. A health
26		care provider furnished with a copy of a health care agency
27		shall make it a part of the patient's medical records and shall
28		enter in the records any change in or termination of the health
29		care agency by the principal that becomes known to the
30		provider. Whenever a provider believes a patient may lack
31		capacity to give informed consent to health care which the
32		provider deems necessary, the provider shall consult with any
33		available health care agent known to the provider who then has
34		power to act for the patient under a health care agency.

1		(b) A health care decision made by an agent in accordance
2		with the terms of a health care agency shall be complied with
3		by every health care provider to whom the decision is
4		communicated, subject to the provider's right to administer
5		treatment for the patient's comfort care or alleviation of
6		pain; but if the provider is unwilling to comply with the
7		agent's decision, the provider shall promptly inform the agent
8		who shall then be responsible to make the necessary
9		arrangements for the transfer of the patient to another
10		provider. It is understood that a provider who is unwilling to
11		comply with the agent's decision will continue to afford
12		reasonably necessary consultation and care in connection with
13		the transfer.
14		(c) At the patient's expense and subject to reasonable
15		rules of the health care provider to prevent disruption of the
16		patient's health care, each health care provider shall give an
17		agent authorized to receive such information under a health
18		care agency the same right the principal has to examine and
19		copy any part or all of the patient's medical records that the
20		agent deems relevant to the exercise of the agent's powers,
21		whether the records relate to mental health or any other
22		medical condition and whether they are in the possession of or
23		maintained by any physician, psychiatrist, psychologist,
24		therapist, hospital, nursing home or other health care
25		provider.
26		(d) If and to the extent a health care agency empowers the
27		agent to (1) make an anatomical gift on behalf of the principal
28		under the Illinois Uniform Anatomical Gift Act, as now or
29		hereafter amended, or (2) authorize an autopsy of the
30		principal's body pursuant to Section 2 of "An Act in relation
31		to autopsy of dead bodies", approved August 13, 1965, as now or
32		hereafter amended, or (3) direct the disposition of the
33		principal's remains, the decision by an authorized agent as to
34		anatomical gift, autopsy approval or remains disposition shall
35		be deemed the act of the principal and shall control over the
36		decision of other persons who might otherwise have priority;

1		and each person to whom a direction by the agent in accordance
2		with the terms of the agency is communicated shall comply with
3		such direction.
4		(Source: P.A. 86-736.)
5		(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
6		Sec. 4-10. Statutory short form power of attorney for
7		health care.
8		(a) The following form (sometimes also referred to in this
9		Act as the "statutory health care power") may be used to grant
10		an agent powers with respect to the principal's own health
11		care; but the statutory health care power is not intended to be
12		exclusive nor to cover delegation of a parent's power to
13		control the health care of a minor child, and no provision of
14		this Article shall be construed to invalidate or bar use by the
15		principal of any other or different form of power of attorney
16		for health care. Nonstatutory health care powers must be
17		executed by the principal, designate the agent and the agent's
18		powers, and comply with Section 4-5 of this Article, but they
19		need not be witnessed or conform in any other respect to the
20		statutory health care power. When a power of attorney in
21		substantially the following form is used, including the
22		"notice" paragraph at the beginning in capital letters, it
23		shall have the meaning and effect prescribed in this Act. The
24		statutory health care power may be included in or combined with
25		any other form of power of attorney governing property or other
26		matters.
27		"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH
28		CARE
29		(NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE
30		THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO MAKE
31		HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE,
32		CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL
33		TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU
34		TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME OR OTHER
35		INSTITUTION. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO

1		EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR
2		AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN
3		ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF RECEIPTS,
4		DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT
5		CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS
6		NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS
7		FORM BUT NOT CO-AGENTS, AND NO HEALTH CARE PROVIDER MAY BE
8		NAMED. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN
9		THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A
10		COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY
11		EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN
12		AFTER YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT, YOUR
13		RIGHT TO REVOKE THOSE POWERS AND THE PENALTIES FOR VIOLATING
14		THE LAW ARE EXPLAINED MORE FULLY IN SECTIONS 4-5, 4-6, 4-9 AND
15		4-10(b) OF THE ILLINOIS "POWERS OF ATTORNEY FOR HEALTH CARE
16		LAW" OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM).
17		THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF
18		POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT
19		THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER
20		TO EXPLAIN IT TO YOU.)
21		POWER OF ATTORNEY made this .......................day of
22		................................
23		(month) (year)
24		1. I, ..................................................,
25		(insert name and address of principal)
26		hereby appoint:
27		............................................................
28		(insert name and address of agent)
29		as my attorney-in-fact (my "agent") to act for me and in my
30		name (in any way I could act in person) to make any and all
31		decisions for me concerning my personal care, medical
32		treatment, hospitalization and health care and to require,
33		withhold or withdraw any type of medical treatment or
34		procedure, even though my death may ensue. My agent shall have
35		the same access to my medical records that I have, including
36		the right to disclose the contents to others. My agent shall

1		also have full power to authorize an autopsy and direct the
2		disposition of my remains. Effective upon my death, my agent
3		has the full power to make an anatomical gift of the following
4		(initial one):
5		....Any organs, tissues, or eyes suitable for
6		transplantation or used for research or education organ.
7		....Specific organs:....................................
8		(THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS
9		POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY
10		DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF
11		HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER
12		LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION
13		WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH
14		TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL
15		RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE
16		AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING
17		PARAGRAPHS.)
18		2. The powers granted above shall not include the following
19		powers or shall be subject to the following rules or
20		limitations (here you may include any specific limitations you
21		deem appropriate, such as: your own definition of when
22		life-sustaining measures should be withheld; a direction to
23		continue food and fluids or life-sustaining treatment in all
24		events; or instructions to refuse any specific types of
25		treatment that are inconsistent with your religious beliefs or
26		unacceptable to you for any other reason, such as blood
27		transfusion, electro-convulsive therapy, amputation,
28		psychosurgery, voluntary admission to a mental institution,
29		etc.):
30		.............................................................
31		.............................................................
32		.............................................................
33		.............................................................
34		.............................................................
35		(THE SUBJECT OF LIFE-SUSTAINING TREATMENT IS OF PARTICULAR
36		IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT,

1		SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL
2		OF LIFE-SUSTAINING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE
3		WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT;
4		BUT DO NOT INITIAL MORE THAN ONE):
5		I do not want my life to be prolonged nor do I want
6		life-sustaining treatment to be provided or continued if my
7		agent believes the burdens of the treatment outweigh the
8		expected benefits. I want my agent to consider the relief of
9		suffering, the expense involved and the quality as well as the
10		possible extension of my life in making decisions concerning
11		life-sustaining treatment.
12		Initialed...........................
13		I want my life to be prolonged and I want life-sustaining
14		treatment to be provided or continued unless I am in a coma
15		which my attending physician believes to be irreversible, in
16		accordance with reasonable medical standards at the time of
17		reference. If and when I have suffered irreversible coma, I
18		want life-sustaining treatment to be withheld or discontinued.
19		Initialed...........................
20		I want my life to be prolonged to the greatest extent
21		possible without regard to my condition, the chances I have for
22		recovery or the cost of the procedures.
23		Initialed...........................
24		(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN THE
25		MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF
26		ATTORNEY FOR HEALTH CARE LAW" (SEE THE BACK OF THIS FORM).
27		ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS
28		POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER
29		IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH, AND BEYOND IF
30		ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF REMAINS IS
31		AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR
32		DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF
33		THE FOLLOWING:)
34		3. ( ) This power of attorney shall become effective on
35		.............................................................
36		.............................................................

1		(insert a future date or event during your lifetime, such as
2		court determination of your disability, when you want this
3		power to first take effect)
4		4. ( ) This power of attorney shall terminate on.............
5		.............................................................
6		(insert a future date or event, such as court determination of
7		your disability, when you want this power to terminate prior to
8		your death)
9		(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND
10		ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
11		5. If any agent named by me shall die, become incompetent,
12		resign, refuse to accept the office of agent or be unavailable,
13		I name the following (each to act alone and successively, in
14		the order named) as successors to such agent:
15		.............................................................
16		.............................................................
17		For purposes of this paragraph 5, a person shall be considered
18		to be incompetent if and while the person is a minor or an
19		adjudicated incompetent or disabled person or the person is
20		unable to give prompt and intelligent consideration to health
21		care matters, as certified by a licensed physician. (IF YOU
22		WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON, IN THE
23		EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY,
24		BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE FOLLOWING
25		PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS
26		THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND
27		WELFARE. STRIKE OUT PARAGRAPH 6 IF YOU DO NOT WANT YOUR AGENT
28		TO ACT AS GUARDIAN.)
29		6. If a guardian of my person is to be appointed, I
30		nominate the agent acting under this power of attorney as such
31		guardian, to serve without bond or security.
32		7. I am fully informed as to all the contents of this form
33		and understand the full import of this grant of powers to my
34		agent.
35		Signed..............................
36		(principal)

1		The principal has had an opportunity to read the above form
2		and has signed the form or acknowledged his or her signature or
3		mark on the form in my presence.
4		.......................... Residing at......................
5		(witness)
6		(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
7		SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU
8		INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST
9		COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE
10		AGENTS.)
11		Specimen signatures of I certify that the signatures of my
12		agent (and successors). agent (and successors) are correct.
13		......................... .................................
14		(agent) (principal)
15		......................... .
16		(successor agent) (principal)
17		......................... .
18		(successor agent) (principal)"
19		(b) The statutory short form power of attorney for health
20		care (the "statutory health care power") authorizes the agent
21		to make any and all health care decisions on behalf of the
22		principal which the principal could make if present and under
23		no disability, subject to any limitations on the granted powers
24		that appear on the face of the form, to be exercised in such
25		manner as the agent deems consistent with the intent and
26		desires of the principal. The agent will be under no duty to
27		exercise granted powers or to assume control of or
28		responsibility for the principal's health care; but when
29		granted powers are exercised, the agent will be required to use
30		due care to act for the benefit of the principal in accordance
31		with the terms of the statutory health care power and will be
32		liable for negligent exercise. The agent may act in person or
33		through others reasonably employed by the agent for that
34		purpose but may not delegate authority to make health care
35		decisions. The agent may sign and deliver all instruments,
36		negotiate and enter into all agreements and do all other acts

1		reasonably necessary to implement the exercise of the powers
2		granted to the agent. Without limiting the generality of the
3		foregoing, the statutory health care power shall include the
4		following powers, subject to any limitations appearing on the
5		face of the form:
6		(1) The agent is authorized to give consent to and
7		authorize or refuse, or to withhold or withdraw consent to, any
8		and all types of medical care, treatment or procedures relating
9		to the physical or mental health of the principal, including
10		any medication program, surgical procedures, life-sustaining
11		treatment or provision of food and fluids for the principal.
12		(2) The agent is authorized to admit the principal to or
13		discharge the principal from any and all types of hospitals,
14		institutions, homes, residential or nursing facilities,
15		treatment centers and other health care institutions providing
16		personal care or treatment for any type of physical or mental
17		condition. The agent shall have the same right to visit the
18		principal in the hospital or other institution as is granted to
19		a spouse or adult child of the principal, any rule of the
20		institution to the contrary notwithstanding.
21		(3) The agent is authorized to contract for any and all
22		types of health care services and facilities in the name of and
23		on behalf of the principal and to bind the principal to pay for
24		all such services and facilities, and to have and exercise
25		those powers over the principal's property as are authorized
26		under the statutory property power, to the extent the agent
27		deems necessary to pay health care costs; and the agent shall
28		not be personally liable for any services or care contracted
29		for on behalf of the principal.
30		(4) At the principal's expense and subject to reasonable
31		rules of the health care provider to prevent disruption of the
32		principal's health care, the agent shall have the same right
33		the principal has to examine and copy and consent to disclosure
34		of all the principal's medical records that the agent deems
35		relevant to the exercise of the agent's powers, whether the
36		records relate to mental health or any other medical condition

1		and whether they are in the possession of or maintained by any
2		physician, psychiatrist, psychologist, therapist, hospital,
3		nursing home or other health care provider.
4		(5) The agent is authorized: to direct that an autopsy be
5		made pursuant to Section 2 of "An Act in relation to autopsy of
6		dead bodies", approved August 13, 1965, including all
7		amendments; to make a disposition of any part or all of the
8		principal's body pursuant to the Illinois Uniform Anatomical
9		Gift Act, as now or hereafter amended; and to direct the
10		disposition of the principal's remains.
11		(Source: P.A. 91-240, eff. 1-1-00.)

12		Section 50. The Uniform Anatomical Gift Act is amended by
13		changing and renumbering Sections 1, 2, 3, 4, 4.5, 5, 6, 7, 8,
14		and 8.1 and by adding Article headings for Articles 1 and 5 and
15		adding Sections 1-5, 5-25, and 5-30 as follows:
16		(755 ILCS 50/Art. 1 heading new)
17		Article 1. Title and General Provisions.
18		(755 ILCS 50/1-1 new) (was 755 ILCS 50/1)
19		Sec. 1-1 1. Short Title.
20		This Act may be cited as the Illinois Uniform Anatomical
21		Gift Act.
22		(Source: P.A. 76-1209.)
23		(755 ILCS 50/1-5 new)
24		Sec. 1-5. Purpose. Illinois recognizes that there is a
25		critical shortage of human organs and tissues available to
26		citizens in need of organ and tissue transplants. This shortage
27		leads to the untimely death of many adults and children in
28		Illinois and across the nation each year. This Act is intended
29		to implement the public policy of encouraging timely donation
30		of human organs and tissue in Illinois and facilitating
31		transplants of those organs and tissue into patients in need of
32		them. Through this Act, laws relating to organ and tissue

1		donation and transplantation are consolidated and modified for
2		the purpose of furthering this public policy.
3		(755 ILCS 50/1-10 new) (was 755 ILCS 50/2)
4		Sec. 1-10 2. Definitions.)(a)
5		"Bank or storage facility" means a facility licensed,
6		accredited or approved under the laws of any state for storage
7		of human bodies or parts thereof.
8		"Close friend" means any person 18 years of age or older
9		who has exhibited special care and concern for the decedent and
10		who presents an affidavit to the decedent's attending
11		physician, or the hospital administrator or his or her
12		designated representative, stating that he or she (i) was a
13		close friend of the decedent, (ii) is willing and able to
14		consent to the donation, and (iii) maintained such regular
15		contact with the decedent as to be familiar with the decedent's
16		health and social history, and religious and moral beliefs. The
17		affidavit must also state facts and circumstances that
18		demonstrate that familiarity.
19		(b) "Death" means for the purposes of the Act, the
20		irreversible cessation of total brain function, according to
21		usual and customary standards of medical practice.
22		(c) "Decedent" means a deceased individual and includes a
23		stillborn infant or fetus.
24		(d) "Donor" means an individual who makes a gift of all or
25		parts of his body.
26		"Federally designated organ procurement agency" means the
27		organ procurement agency designated by the Secretary of the
28		U.S. Department of Health and Human Services for the service
29		area in which a hospital is located, or the organ procurement
30		agency for which the U.S. Secretary of Health and Human
31		Services has granted the hospital a waiver pursuant to 42
32		U.S.C. 1320b-8(a).
33		(e) "Hospital" means a hospital licensed, accredited or
34		approved under the laws of any state; and includes a hospital
35		operated by the United States government, a state, or a

1		subdivision thereof, although not required to be licensed under
2		state laws.
3		"Not available" for the giving of consent or refusal means:
4		(1) the existence of the person is unknown to the hospital
5		administrator or designee, organ procurement agency, or tissue
6		bank and is not readily ascertainable through the examination
7		of the decedent's hospital records and the questioning of any
8		persons who are available for giving consent;
9		(2) the administrator or designee, organ procurement
10		agency, or tissue bank has unsuccessfully attempted to contact
11		the person by telephone or in any other reasonable manner; or
12		(3) the person is unable or unwilling to respond in a
13		manner that indicates the person's refusal or consent.
14		"Organ" means a human kidney, liver, heart, lung, pancreas,
15		small bowel, or other transplantable vascular body part as
16		determined by the Organ Procurement and Transplantation
17		Network, as periodically selected by the U.S. Department of
18		Health and Human Services.
19		"Tissue" means eyes, bones, heart valves, veins, skin, and
20		any other portions of a human body excluding blood, blood
21		products or organs.
22		(f) "Part" means organs, tissues, eyes, bones, arteries,
23		blood, other fluids and any other portions of a human body.
24		(g) "Person" means an individual, corporation, government
25		or governmental subdivision or agency, business trust, estate,
26		trust, partnership or association or any other legal entity.
27		(h) "Physician" or "surgeon" means a physician or surgeon
28		licensed or authorized to practice medicine in all of its
29		branches under the laws of any state.
30		(i) "State" includes any state, district, commonwealth,
31		territory, insular possession, and any other area subject to
32		the legislative authority of the United States of America.
33		(j) "Technician" means an individual trained and certified
34		to remove tissue, by a recognized medical training institution
35		in the State of Illinois.
36		"Tissue bank" means any facility or program operating in

1		Illinois that is certified by the American Association of
2		Tissue Banks, the Eye Bank Association of America, or the
3		Association of Organ Procurement Organizations and is involved
4		in procuring, furnishing, donating, or distributing corneas,
5		bones, or other human tissue for the purpose of injecting,
6		transfusing, or transplanting any of them into the human body.
7		"Tissue bank" does not include a licensed blood bank. For the
8		purposes of this Act, "tissue" does not include organs or blood
9		or blood products.
10		(Source: P.A. 79-952.)
11		(755 ILCS 50/Art. 5/heading new)
12		Article 5. Organ Donation.
13		(755 ILCS 50/5-5 new) (was 755 ILCS 50/3)
14		Sec. 5-5 3. Persons who may execute an anatomical gift.
15		(a) Any individual of sound mind who has attained the age
16		of 18 may give all or any part of his or her body for any
17		purpose specified in Section 5-10 4. Such a gift may be
18		executed in any of the ways set out in Section 5-20 5, and
19		shall take effect upon the individual's death without the need
20		to obtain the consent of any survivor. An anatomical gift made
21		by an agent of an individual, as authorized by the individual
22		under the Powers of Attorney for Health Care Law, as now or
23		hereafter amended, is deemed to be a gift by that individual
24		and takes effect without the need to obtain the consent of any
25		other person.
26		(b) If no gift has been executed under subsection (a), any
27		of the following persons, in the order of priority stated in
28		items (1) through (11) (9) below, when persons in prior classes
29		are not available for the giving of consent or refusal and in
30		the absence of (i) actual notice of contrary intentions by the
31		decedent and (ii) actual notice of opposition by any member
32		within the same priority class, may consent to give all or any
33		part of the decedent's body after or immediately before death
34		to a person who may become a donee for any purpose specified in

1		Section 5-10 4:
2		(1) an individual acting as the decedent's agent under
3		a power of attorney for health care which provides specific
4		direction regarding organ donation,
5		(2) the decedent's surrogate decision maker identified
6		by the attending physician in accordance with the Health
7		Care Surrogate Act,
8		(3) the guardian of the decedent's person at the time
9		of death,
10		(4) (2) the decedent's spouse,
11		(5) (3) any of the decedent's adult sons or daughters,
12		(6) (4) either of the decedent's parents,
13		(7) (5) any of the decedent's adult brothers or
14		sisters,
15		(8) (6) any adult grandchild of the decedent,
16		(9) a close friend of the decedent,
17		(10) (7) the guardian of the decedent's estate,
18		(8) the decedent's surrogate decision maker under the
19		Health Care Surrogate Act,
20		(11) (9) any other person authorized or under legal
21		obligation to dispose of the body.
22		If the donee has actual notice of opposition to the gift by
23		the decedent or any person in the highest priority class in
24		which an available person can be found, then no gift of all or
25		any part of the decedent's body shall be accepted.
26		(c) For the purposes of this Act, a person will not be
27		considered "available" for the giving of consent or refusal if:
28		(1) the existence of the person is unknown to the donee
29		and is not readily ascertainable through the examination of
30		the decedent's hospital records and the questioning of any
31		persons who are available for giving consent;
32		(2) the donee has unsuccessfully attempted to contact
33		the person by telephone or in any other reasonable manner;
34		(3) the person is unable or unwilling to respond in a
35		manner which indicates the person's refusal or consent.
36		(c) (d) A gift of all or part of a body authorizes any

1		examination necessary to assure medical acceptability of the
2		gift for the purposes intended.
3		(d) (e) The rights of the donee created by the gift are
4		paramount to the rights of others except as provided by Section
5		5-45 8(d).
6		(e) (f) If no gift has been executed under this Act
7		Section, then no part of the decedent's body may be used for
8		any purpose specified in Section 4 of this Act, except in
9		accordance with the Organ Donation Request Act or the Corneal
10		Transplant Act.
11		(Source: P.A. 92-349, eff. 1-1-02.)
12		(755 ILCS 50/5-10 new) (was 755 ILCS 50/4)
13		Sec. 5-10 4. Persons Who May Become Donees; Purposes for
14		Which Anatomical Gifts May be Made.
15		The following persons may become donees of gifts of bodies
16		or parts thereof for the purposes stated:
17		(1) any hospital, surgeon, or physician, for medical or
18		dental education, research, advancement of medical or dental
19		science, therapy, or transplantation; or
20		(2) any accredited medical, chiropractic, mortuary or
21		dental school, college or university for education, research,
22		advancement of medical or dental science, or therapy; or
23		(3) any bank or storage facility, for medical or dental
24		education, research, advancement of medical or dental science,
25		therapy, or transplantation; or
26		(4) any federally designated organ procurement agency or
27		tissue bank, for medical or dental education, research,
28		advancement of medical or dental science, therapy, or
29		transplantation; or
30		(5) (4) any specified individual for therapy or
31		transplantation needed by him or her, or for any other purpose.
32		(Source: P.A. 76-1209.)
33		(755 ILCS 50/5-15 new) (was 755 ILCS 50/4.5)
34		Sec. 5-15 4.5. Disability of recipient.

1		(a) No hospital, physician and surgeon, bank or storage
2		facility, or other person shall determine the ultimate
3		recipient of an anatomical gift based upon a potential
4		recipient's physical or mental disability, except to the extent
5		that the physical or mental disability has been found by a
6		physician and surgeon, following a case-by-case evaluation of
7		the potential recipient, to be medically significant to the
8		provision of the anatomical gift.
9		(b) Subsection (a) shall apply to each part of the organ
10		transplant process.
11		(c) The court shall accord priority on its calendar and
12		handle expeditiously any action brought to seek any remedy
13		authorized by law for purposes of enforcing compliance with
14		this Section.
15		(d) This Section shall not be deemed to require referrals
16		or recommendations for or the performance of medically
17		inappropriate organ transplants.
18		(e) As used in this Section "disability" has the same
19		meaning as in the federal Americans with Disabilities Act of
20		1990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
21		amended from time to time.
22		(Source: P.A. 91-345, eff. 1-1-00.)
23		(755 ILCS 50/5-20 new) (was 755 ILCS 50/5)
24		Sec. 5-20 5. Manner of Executing Anatomical Gifts. (a) A
25		gift of all or part of the body under Section 5-5 3 (a) may be
26		made by will. The gift becomes effective upon the death of the
27		testator without waiting for probate. If the will is not
28		probated, or if it is declared invalid for testamentary
29		purposes, the gift, to the extent that it has been acted upon
30		in good faith, is nevertheless valid and effective.
31		(b) A gift of all or part of the body under Section 5-5 3
32		(a) may also be made by a written, signed document other than a
33		will. The gift becomes effective upon the death of the donor.
34		The document, which may be a card or a valid driver's license
35		designed to be carried on the person, must be signed by the

1		donor in the presence of 2 witnesses who must sign the document
2		in his presence and who thereby certify that he was of sound
3		mind and memory and free from any undue influence and knows the
4		objects of his bounty and affection. Such a gift may also be
5		made by properly executing the form provided by the Secretary
6		of State on the reverse side of the donor's driver's license
7		pursuant to subsection (b) of Section 6-110 of The Illinois
8		Vehicle Code. Delivery of the document of gift during the
9		donor's lifetime is not necessary to make the gift valid.
10		(c) The gift may be made to a specified donee or without
11		specifying a donee. If the latter, the gift may be accepted by
12		the attending physician as donee upon or following death. If
13		the gift is made to a specified donee who is not available at
14		the time and place of death, then if made for the purpose of
15		transplantation, it shall be effectuated in accordance with
16		Section 5-25, and if made for any other purpose the attending
17		physician upon or following death, in the absence of any
18		expressed indication that the donor desired otherwise, may
19		accept the gift as donee. The physician who becomes a donee
20		under this subsection shall not participate either physically
21		or financially in the procedures for removing or transplanting
22		a part.
23		(d) Notwithstanding Section 5-45 8 (b), the donor may
24		designate in his will, card, or other document of gift the
25		surgeon or physician to carry out the appropriate procedures.
26		In the absence of a designation or if the designee is not
27		available, the donee or other person authorized to accept the
28		gift may employ or authorize any surgeon or physician for the
29		purpose.
30		(e) Any gift by a person designated in Section 5-5 3 (b)
31		shall be made by a document signed by him or made by his
32		telegraphic, recorded telephonic, or other recorded message.
33		(Source: P.A. 85-192.)
34		(755 ILCS 50/5-25 new)
35		Sec. 5-25. Notification; consent.

1		(a) When, based upon generally accepted medical standards,
2		an inpatient in a general acute care hospital with more than
3		100 beds is a suitable candidate for organ or tissue donation
4		and the patient has not made an anatomical gift of all or any
5		part of his or her body pursuant to Section 5-20 of this Act,
6		the hospital shall proceed in accordance with the requirements
7		of 42 CFR 482.45 or any successor provisions of federal statute
8		or regulation, as may be amended from time to time, and the
9		written agreement between the hospital and the applicable organ
10		procurement agency executed thereunder.
11		(b) In making a request for organ or tissue donation, the
12		hospital or the hospital's federally designated organ
13		procurement agency or tissue bank shall request any of the
14		following persons, in the order of priority stated in items (1)
15		through (11) below, when persons in prior classes are not
16		available and in the absence of (i) actual notice of contrary
17		intentions by the decedent, (ii) actual notice of opposition by
18		any member within the same priority class, and (iii) reason to
19		believe that an anatomical gift is contrary to the decedent's
20		religious beliefs, to consent to the gift of all or any part of
21		the decedent's body for any purpose specified in Section 5-10
22		of this Act:
23		(1) an individual acting as the decedent's agent under
24		a power of attorney for health care;
25		(2) the decedent's surrogate decision maker identified
26		by the attending physician in accordance with the Health
27		Care Surrogate Act;
28		(3) the guardian of the decedent's person at the time
29		of death;
30		(4) the decedent's spouse;
31		(5) any of the decedent's adult sons or daughters;
32		(6) either of the decedent's parents;
33		(7) any of the decedent's adult brothers or sisters;
34		(8) any adult grandchild of the decedent;
35		(9) a close friend of the decedent;
36		(10) the guardian of the decedent's estate; or

1		(11) any other person authorized or under legal
2		obligation to dispose of the body.
3		(c) If (1) the hospital, the applicable organ procurement
4		agency, or the tissue bank has actual notice of opposition to
5		the gift by the decedent or any person in the highest priority
6		class in which an available person can be found, or (2) there
7		is reason to believe that an anatomical gift is contrary to the
8		decedent's religious beliefs, or (3) the Director of Public
9		Health has adopted a rule signifying his or her determination
10		that the need for organs and tissues for donation has been
11		adequately met, then the gift of all or any part of the
12		decedent's body shall not be requested. If a donation is
13		requested, consent or refusal may be obtained only from the
14		person or persons in the highest priority class available. If
15		the hospital administrator, or his or her designated
16		representative, the designated organ procurement agency, or
17		the tissue bank is unable to obtain consent from any of the
18		persons named in items (1) through (11) of subsection (b) of
19		this Section, the decedent's body shall not be used for an
20		anatomical gift unless a valid anatomical gift document was
21		executed under this Act.
22		(d) When there is a suitable candidate for organ donation,
23		as described in subsection (a), or if consent to remove organs
24		and tissues is granted, the hospital shall notify the
25		applicable federally designated organ procurement agency. The
26		federally designated organ procurement agency shall notify any
27		tissue bank specified by the hospital of the suitable candidate
28		for tissue donation. The organ procurement agency shall
29		collaborate with all tissue banks in Illinois to maximize
30		tissue procurement in a timely manner.
31		(755 ILCS 50/5-30 new)
32		Sec. 5-30. Corneal Transplants.
33		(a) Upon request by a physician licensed to practice
34		medicine in all its branches, or by an eye bank certified by
35		the Eye Bank Association of America, and approved by the

1		coroner or county medical examiner, in any case in which a
2		patient is in need of corneal tissue for a transplant, a
3		coroner or county medical examiner who orders the performance
4		of an autopsy may provide corneal tissue of a decedent whenever
5		all of the following conditions are met:
6		(1) The decedent from whom the tissue is taken is under
7		the jurisdiction of the coroner or county medical examiner.
8		(2) There has been a reasonable and good faith effort
9		by the coroner or county medical examiner or any authorized
10		individual acting for the coroner or county medical
11		examiner to contact an appropriate person as set forth in
12		subsection (b) of this Section.
13		(3) No objection by the decedent or, after the
14		decedent's death, by an appropriate person as set forth in
15		subsection (b) of this Section is known to the coroner or
16		county medical examiner or authorized individual acting
17		for the coroner or county medical examiner prior to removal
18		of the corneal tissue.
19		(4) The person designated to remove the tissue is
20		qualified to do so under this Act.
21		(5) Removal of the tissue will not interfere with the
22		subsequent course of an investigation or autopsy.
23		(6) The individual when living did not make known in
24		writing his or her objection on religious grounds to the
25		removal of his or her corneal tissue.
26		(b) Objection to the removal of corneal tissue may be made
27		known to the coroner or county medical examiner or authorized
28		individual acting for the coroner or county medical examiner by
29		the individual during his or her lifetime or by the following
30		persons, in the order of priority stated, after the decedent's
31		death:
32		(1) an individual acting as the decedent's agent under
33		a power of attorney for health care;
34		(2) the decedent's surrogate decision maker identified
35		by the attending physician in accordance with the Health
36		Care Surrogate Act;

1		(3) the guardian of the decedent's person at the time
2		of death;
3		(4) the decedent's spouse;
4		(5) any of the decedent's adult sons or daughters;
5		(6) either of the decedent's parents;
6		(7) any of the decedent's adult brothers or sisters;
7		(8) any adult grandchild of the decedent;
8		(9) a close friend of the decedent;
9		(10) the guardian of the decedent's estate; or
10		(11) any other person authorized or under legal
11		obligation to dispose of the body.
12		(c) If the coroner or county medical examiner or any
13		authorized individual acting for the coroner or county medical
14		examiner has actual notice of any contrary indications by the
15		decedent or actual notice that any member within the same class
16		specified in subsection (b), paragraphs (1) through (11), of
17		this Section, in the same order of priority, objects to the
18		removal, the coroner or county medical examiner shall not
19		approve the removal of corneal tissue.
20		(d) The coroner or county medical examiner or any
21		authorized individual acting for the coroner or county medical
22		examiner authorizing the removal of corneal tissue, or the
23		persons or organizations listed in subsection (a) of this
24		Section, shall not be liable in any civil or criminal action
25		for removing corneal tissue from a decedent and using the same
26		for transplant purposes if there has been compliance with the
27		provisions of this Section.
28		(755 ILCS 50/5-35 new) (was 755 ILCS 50/6)
29		Sec. 5-35 6. Delivery of Document of Gift.
30		If the gift is made by the donor to a specified donee, the
31		will, card, or other document, or an executed copy thereof, may
32		be delivered to the donee to expedite the appropriate
33		procedures immediately after death. Delivery is not necessary
34		to the validity of the gift. The will, card, or other document,
35		or an executed copy thereof, may be deposited in any hospital,

1		bank or storage facility, or registry office that accepts it
2		for safekeeping or for facilitation of procedures after death.
3		On request of any interested party upon or after the donor's
4		death, the person in possession shall produce the document for
5		examination.
6		(Source: P.A. 76-1209.)
7		(755 ILCS 50/5-40 new) (was 755 ILCS 50/7)
8		Sec. 5-40 7. Amendment or Revocation of the Gift.
9		(a) If the will, card, or other document or executed copy
10		thereof, has been delivered to a specified donee, the donor may
11		amend or revoke the gift by:
12		(1) the execution and delivery to the donee of a signed
13		statement witnessed and certified as provided in Section
14		5-20 5 (b); or
15		(2) a signed card or document found on his person, or
16		in his effects, executed at a date subsequent to the date
17		the original gift was made and witnessed and certified as
18		provided in Section 5-20 5 (b).
19		(b) Any document of gift which has not been delivered to
20		the donee may be revoked by the donor in the manner set out in
21		subsection (a).
22		(c) Any gift made by a will may also be amended or revoked
23		in the manner provided for amendment or revocation of wills or
24		as provided in subsection (a).
25		(Source: P.A. 87-895.)
26		(755 ILCS 50/5-45 new) (was 755 ILCS 50/8)
27		Sec. 5-45 8. Rights and Duties at Death. (a) The donee may
28		accept or reject the gift. If the donee accepts a gift of the
29		entire body, he may, subject to the terms of the gift,
30		authorize embalming and the use of the body in funeral
31		services, unless a person named in subsection (b) of Section
32		5-5 3 has requested, prior to the final disposition by the
33		donee, that the remains of said body be returned to his or her
34		custody for the purpose of final disposition. Such request

1		shall be honored by the donee if the terms of the gift are
2		silent on how final disposition is to take place. If the gift
3		is of a part of the body, the donee or technician designated by
4		him upon the death of the donor and prior to embalming, shall
5		cause the part to be removed without unnecessary mutilation and
6		without undue delay in the release of the body for the purposes
7		of final disposition. After removal of the part, custody of the
8		remainder of the body vests in the surviving spouse, next of
9		kin, or other persons under obligation to dispose of the body,
10		in the order or priority listed in subsection (b) of Section
11		5-5 3 of this Act.
12		(b) The time of death shall be determined by a physician
13		who attends the donor at his death, or, if none, the physician
14		who certifies the death. The physician shall not participate in
15		the procedures for removing or transplanting a part.
16		(c) A person who acts in good faith in accord with the
17		terms of this Act and the AIDS Confidentiality Act, or the
18		anatomical gift laws of another state or a foreign country, is
19		not liable for damages in any civil action or subject to
20		prosecution in any criminal proceeding for his act. Any person
21		that participates in good faith and according to the usual and
22		customary standards of medical practice in the removal or
23		transplantation of any part of a decedent's body pursuant to an
24		anatomical gift made by the decedent under Section 5-20 5 of
25		this Act or pursuant to an anatomical gift made by an
26		individual as authorized by subsection (b) of Section 5-5 3 of
27		this Act shall have immunity from liability, civil, criminal,
28		or otherwise, that might result by reason of such actions. For
29		the purpose of any proceedings, civil or criminal, the validity
30		of an anatomical gift executed pursuant to Section 5-20 5 of
31		this Act shall be presumed and the good faith of any person
32		participating in the removal or transplantation of any part of
33		a decedent's body pursuant to an anatomical gift made by the
34		decedent or by another individual authorized by the Act shall
35		be presumed.
36		(d) This Act is subject to the provisions of "An Act to

1		revise the law in relation to coroners", approved February 6,
2		1874, as now or hereafter amended, to the laws of this State
3		prescribing powers and duties with respect to autopsies, and to
4		the statutes, rules, and regulations of this State with respect
5		to the transportation and disposition of deceased human bodies.
6		(e) If the donee is provided information, or determines
7		through independent examination, that there is evidence that
8		the gift was exposed to the human immunodeficiency virus (HIV)
9		or any other identified causative agent of acquired
10		immunodeficiency syndrome (AIDS), the donee may reject the gift
11		and shall treat the information and examination results as a
12		confidential medical record; the donee may disclose only the
13		results confirming HIV exposure, and only to the physician of
14		the deceased donor. The donor's physician shall determine
15		whether the person who executed the gift should be notified of
16		the confirmed positive test result.
17		(Source: P.A. 85-1209.)
18		(755 ILCS 50/5-50 new) (was 755 ILCS 50/8.1)
19		Sec. 5-50 8.1. Payment for gift. (a) Except as provided in
20		subsection (b), any person who knowingly pays or offers to pay
21		any financial consideration to a donor or to any of the persons
22		listed in subsection (b) of Section 5-5 3 for making or
23		consenting to an anatomical gift shall be guilty of a Class A
24		misdemeanor for the first conviction and a Class 4 felony for
25		subsequent convictions.
26		(b) This Section does not prohibit reimbursement for
27		reasonable costs associated with the removal, storage or
28		transportation of a human body or part thereof pursuant to an
29		anatomical gift executed pursuant to this Act.
30		(Source: P.A. 85-191.)

31		(755 ILCS 50/9 rep.)
32		(755 ILCS 50/11 rep.)
33		Section 55. The Uniform Anatomical Gift Act is amended by
34		repealing Sections 9 and 11.

1		(755 ILCS 55/Act rep.)
2		Section 60. The Illinois Corneal Transplant Act is
3		repealed.

4		(755 ILCS 60/Act rep.)
5		Section 65. The Organ Donation Request Act is repealed.

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