SB2854 93RD GENERAL ASSEMBLY 






 

 		











93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2854


 
Introduced 2/6/2004, by Richard J. Winkel Jr.
 
SYNOPSIS AS INTRODUCED:
 		













755 ILCS 60/2.5 new










    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 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.
















LRB093 20995 DRJ 46999 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2854

LRB093 20995 DRJ 46999 b






1
    AN ACT concerning estates.

 
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 gross negligence or willful 
32
misconduct, any person employed or authorized by a hospital to 
 


 






SB2854
- 2 -
LRB093 20995 DRJ 46999 b




1
use organ preservation techniques pursuant to subsection (a) 
2
shall be immune from any civil or criminal liability in 
3
connection with taking the medically necessary steps to 
4
preserve a decedent's organs during the search for, or 
5
consultation with, a person authorized by subsection (b) of 
6
Section 2 to consent to the donation of the decedent's organs.
7
    (e) Neither a decedent nor relative or guardian of a 
8
decedent shall be required to pay any costs associated with 
9
organ preservation pursuant to this Section.
10
    (f) A hospital that initiates organ preservation pursuant 
11
to subsection (a) shall bear all costs associated with the 
12
organ preservation if:
13
        (1) the recipient of the preserved organ is indigent;
14
        (2) a person authorized by subsection (b) of Section 2 
15
    to consent to the donation of the decedent's organs cannot 
16
    be located within a time period deemed reasonable by a 
17
    designated medical professional; or
18
        (3) a person authorized by subsection (b) of Section 2 
19
    to consent to the donation of the decedent's organs does 
20
    not consent to such a donation.