|
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5259
Introduced 01/25/06, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
|
|
|
|
Amends the Organ Donation Request Act. Provides that if a person authorized under the Act to consent to the donation of a decedent's organs is not immediately available for an organ procurement agency to make a request for such consent, the hospital may use organ preservation equipment and techniques to maintain the viability of the decedent's organs. Provides for immunity absent willful misconduct. Provides that neither a decedent's estate nor a relative or guardian of a decedent may be required to pay for any costs associated with organ preservation. Provides that a hospital that initiates organ preservation measures must bear all costs associated with the organ preservation if (i) the recipient of the preserved organ is indigent, (ii) a person authorized to consent to the donation of the decedent's organs cannot be located within a reasonable time, or (iii) a person authorized to consent does not consent.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB5259 |
|
LRB094 17646 RCE 52944 b |
|
|
| 1 |
| AN ACT concerning organ donation.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Organ Donation Request Act is amended by |
| 5 |
| adding Section 2.5 as follows:
|
| 6 |
| (755 ILCS 60/2.5 new) |
| 7 |
| Sec. 2.5. Organ preservation. |
| 8 |
| (a) If a person authorized by subsection (b) of Section 2 |
| 9 |
| to consent to an organ donation is not immediately available |
| 10 |
| for an organ procurement agency to make the request required by |
| 11 |
| subsection (a) of Section 2, the hospital may use organ |
| 12 |
| preservation equipment and techniques, including ventilators |
| 13 |
| and in situ flushing and cooling equipment, to maintain the |
| 14 |
| viability of the decedent's organs in order to preserve the |
| 15 |
| option of family members and other authorized persons to |
| 16 |
| consider donation. |
| 17 |
| (b) If a hospital initiates the preservation of a |
| 18 |
| decedent's organs pursuant to subsection (a), the hospital |
| 19 |
| shall use all available means to locate a person authorized by |
| 20 |
| subsection (b) of Section 2 to consent to the donation of the |
| 21 |
| decedent's organs. If a person authorized to give such consent |
| 22 |
| cannot be located within a time period deemed reasonable by a |
| 23 |
| designated medical professional, or declines to give such |
| 24 |
| consent, the hospital shall discontinue the organ preservation |
| 25 |
| measures. |
| 26 |
| (c) A hospital shall fully disclose to a person authorized |
| 27 |
| by subsection (b) of Section 2 to consent to the donation of a |
| 28 |
| decedent's organs the organ preservation techniques or |
| 29 |
| preservation equipment, if any, used by the hospital pursuant |
| 30 |
| to this Section. |
| 31 |
| (d) In the absence of willful misconduct, any person |
| 32 |
| employed or authorized by a hospital to use organ preservation |