HB0158ham001 98TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 3/13/2013

09800HB0158ham001 LRB098 04087 RPM 42894 a

AMENDMENT TO HOUSE BILL 158

AMENDMENT NO. ______. Amend House Bill 158 by replacing everything after the enacting clause with the following:

"Section 5. The Medical Patient Rights Act is amended by changing Section 2.01 and by adding Section 3.3 as follows:

(410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)

Sec. 2.01. "Patient" means any person who has received or is receiving medical care, treatment, or services from an individual or institution licensed to provide medical care or treatment in this State or who is the subject of a research program or an experimental procedure, as defined under the rules and regulations adopted pursuant to the Hospital Licensing Act.

(Source: P.A. 81-1167.)

(410 ILCS 50/3.3 new)

Sec. 3.3. Commercial use of human tissue.

(a) If human tissue is removed from a patient by a physician or health care provider for the purpose of pursuing commercial research, then the following guidelines shall be followed:

(1) Informed consent as described in Section 3.1 of this Act must be obtained from patients whose human tissue is to be removed.

(2) Any intended use of the removed human tissue for commercial research that is known at the time the human tissue is removed must be disclosed to the patient as part of the informed consent process.

(3) Profits from the use of human tissue in commercial research under item (2) of this subsection (a) may be shared with patients, in accordance with contractual agreements. These contractual agreements may include an option for a negotiated flat fee.

(4) The diagnostic and therapeutic alternatives offered to patients by their physicians should conform to standards of good medical practice and should not be influenced in any way by the commercial research potential of the patient's human tissue.

(b) For the purposes of this Section, "human tissue" means blood, plasma, blood products or derivatives, other bodily fluids, or hair taken from a living natural person for commercial research use not to be transplanted directly into another human body.

(c) Nothing in this Section shall be construed to limit the use of human tissue, organs, cadavers, or any other biological specimen in non-commercial medical or scientific research, education, treatment, or diagnosis.

(d) Nothing in this Section shall be construed to limit or supersede organ or tissue donation as permitted by law.

Section 10. The Criminal Code of 2012 is amended by changing Section 12-20 as follows:

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

Sec. 12-20. Sale of body parts.

(a) Except as provided in subsection (b), any person who knowingly buys or sells, or offers to buy or sell, a human body or any part of a human body, is guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions.

(b) This Section does not prohibit:

(1) An anatomical gift made in accordance with the Illinois Anatomical Gift Act.

(2) (Blank).

(3) Reimbursement of actual expenses incurred by a living person in donating an organ, tissue or other body part or fluid for transplantation, implantation, infusion, injection, or other medical or scientific purpose, including medical costs, loss of income, and travel expenses.

(4) Payments provided under a plan of insurance or other health care coverage.

(5) Reimbursement of reasonable costs associated with the removal, storage or transportation of a human body or part thereof donated for medical or scientific purposes.

(6) Purchase or sale of blood, plasma, blood products or derivatives, other body fluids, or human hair, including those removed pursuant to Section 3.3 of the Medical Patient Rights Act.

(7) Purchase or sale of drugs, reagents or other substances made from human bodies or body parts, for use in medical or scientific research, treatment or diagnosis.

(Source: P.A. 96-1551, eff. 7-1-11.)

Section 99. Effective date. This Act takes effect September 1, 2013.".