Full Text of HB5259 94th General Assembly
HB5259enr 94TH GENERAL ASSEMBLY
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HB5259 Enrolled |
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| AN ACT concerning organ donation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Anatomical Gift Act is amended by | 5 |
| changing Sections 5-20 and 5-45 as follows: | 6 |
| (755 ILCS 50/5-20) (was 755 ILCS 50/5)
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| Sec. 5-20. Manner of Executing Anatomical Gifts.
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| (a) A gift of all or part of the body under Section 5-5 (a) | 9 |
| may be
made
by will. The gift becomes effective upon the death | 10 |
| of the testator without
waiting for probate. If the will is not | 11 |
| probated, or if it is declared
invalid for testamentary | 12 |
| purposes, the gift, to the extent that it has been
acted upon | 13 |
| in good faith, is nevertheless valid and effective.
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| (b) A gift of all or part of the body under Section 5-5 (a) | 15 |
| may
also be
made by a written, signed document other than a | 16 |
| will. The gift becomes
effective upon the death of the donor. | 17 |
| The document, which may be a card
or a valid driver's license | 18 |
| designed to be carried on the person, is effective without | 19 |
| regard to the presence or signature of witnesses.
Such a gift | 20 |
| may also be made by properly executing the form provided by
the | 21 |
| Secretary of State on the reverse side of the donor's driver's | 22 |
| license
pursuant to subsection (b) of Section 6-110 of The | 23 |
| Illinois Vehicle Code.
Delivery of the document of gift during | 24 |
| the donor's lifetime is not
necessary to make the gift valid.
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| (b-1) A gift under Section 5-5 (a) may also be made by an | 26 |
| individual consenting to have his or her name included in the | 27 |
| First Person Consent organ and tissue donor registry maintained | 28 |
| by the Secretary of State under Section 6-117 of the Illinois | 29 |
| Vehicle Code. An individual's consent to have his or her name | 30 |
| included in the First Person Consent organ and tissue donor | 31 |
| registry constitutes full legal authority for the donation of | 32 |
| any of his or her organs or tissue. Consenting to be included |
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| in the First Person Consent organ and tissue donor registry is | 2 |
| effective without regard to the presence or signature of | 3 |
| witnesses.
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| (c) The gift may be made to a specified donee or without | 5 |
| specifying a
donee. If the latter, the gift may be accepted by | 6 |
| the attending physician
as donee upon or following death. If | 7 |
| the gift is made to a specified donee
who is not available at | 8 |
| the time and place of death, then if made for the
purpose of | 9 |
| transplantation, it shall be effectuated in accordance with | 10 |
| Section
5-25, and if made for any other purpose the attending
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| physician upon or following death, in the absence of any | 12 |
| expressed
indication that the donor desired otherwise, may | 13 |
| accept the gift as donee.
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| (d) Notwithstanding Section 5-45 (b), the donor may | 15 |
| designate in
his will,
card, or other document of gift the | 16 |
| surgeon or physician to carry out the
appropriate procedures. | 17 |
| In the absence of a designation or if the designee
is not | 18 |
| available, the donee or other person authorized to accept the | 19 |
| gift
may employ or authorize any surgeon or physician for the | 20 |
| purpose.
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| (e) Any gift by a person designated in Section 5-5 (b) | 22 |
| shall be
made by a
document signed by him or made by his | 23 |
| telegraphic, recorded telephonic, or
other recorded message.
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| (f) When there is a suitable candidate for organ donation | 25 |
| and a donation or consent to donate has not yet been given, | 26 |
| procedures to preserve the decedent's body for possible organ | 27 |
| and tissue donation may be implemented under the authorization | 28 |
| of the applicable organ procurement agency, at its own expense, | 29 |
| prior to making a donation request pursuant to Section 5-25. If | 30 |
| the organ procurement agency does not locate a person | 31 |
| authorized to consent to donation or consent to donation is | 32 |
| denied, then procedures to preserve the decedent's body shall | 33 |
| be ceased and no donation shall be made. The organ procurement | 34 |
| agency shall respect the religious tenets of the decedent, if | 35 |
| known, such as a pause after death, before initiating | 36 |
| preservation services. Nothing in this Section shall be |
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| construed to authorize interference with the coroner in | 2 |
| carrying out an investigation or autopsy.
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| (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06.)
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| (755 ILCS 50/5-45) (was 755 ILCS 50/8) | 5 |
| Sec. 5-45. Rights and Duties at Death.
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| (a) The donee may accept or
reject
the gift. If the donee | 7 |
| accepts a gift of the entire body, he may, subject
to the terms | 8 |
| of the gift, authorize embalming and the use of the body in
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| funeral services, unless a person named in subsection (b) of | 10 |
| Section 5-5
has requested, prior to the final disposition by | 11 |
| the donee, that the remains
of said body be returned to his or | 12 |
| her custody for the purpose of final
disposition. Such request | 13 |
| shall be honored by the donee if the terms of
the gift are | 14 |
| silent on how final disposition is to take place. If the
gift | 15 |
| is of a part of the body, the donee or technician designated by | 16 |
| him
upon the death of the donor and prior to embalming, shall | 17 |
| cause the part to
be removed without unnecessary mutilation and | 18 |
| without undue delay in the
release of the body for the purposes | 19 |
| of final disposition. After removal of
the part, custody of the | 20 |
| remainder of the body vests in the surviving
spouse, next of | 21 |
| kin, or other persons under obligation to dispose of the
body, | 22 |
| in the order or priority listed in subsection (b) of Section | 23 |
| 5-5 of this Act.
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| (b) The time of death shall be determined by a physician | 25 |
| who attends the
donor at his death, or, if none, the physician | 26 |
| who certifies the death. The
physician shall not participate in | 27 |
| the procedures for removing or
transplanting a part.
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| (c) A person who acts in good faith in accord with the | 29 |
| terms of this Act, the Illinois Vehicle Code,
and the AIDS | 30 |
| Confidentiality Act, or the anatomical gift laws of another
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| state or a foreign country, is not liable for damages in any | 32 |
| civil action
or subject to prosecution in any criminal | 33 |
| proceeding for his act.
Any person that participates in good | 34 |
| faith and according to the usual and
customary standards of | 35 |
| medical practice in the preservation, removal , or |
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| transplantation
of any part of a decedent's body pursuant to an | 2 |
| anatomical gift made by the
decedent under Section 5-20 of this | 3 |
| Act or pursuant to an anatomical
gift made
by an individual as | 4 |
| authorized by subsection (b) of Section 5-5 of
this Act
shall | 5 |
| have immunity from liability, civil, criminal, or otherwise, | 6 |
| that
might result by reason of such actions. For the purpose of | 7 |
| any
proceedings, civil or criminal, the validity of an | 8 |
| anatomical gift executed
pursuant to Section 5-20 of this Act | 9 |
| shall be presumed and the good
faith of
any person | 10 |
| participating in the removal or transplantation of any part of | 11 |
| a
decedent's body pursuant to an anatomical gift made by the | 12 |
| decedent or by
another individual authorized by the Act shall | 13 |
| be presumed.
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| (d) This Act is subject to the provisions of "An Act to | 15 |
| revise the law
in relation to coroners", approved February 6, | 16 |
| 1874, as now or hereafter
amended, to the laws of this State | 17 |
| prescribing powers and duties with
respect to autopsies, and to | 18 |
| the statutes, rules, and regulations of this
State with respect | 19 |
| to the transportation and disposition of deceased human
bodies.
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| (e) If the donee is provided information, or determines | 21 |
| through
independent examination, that there is evidence that | 22 |
| the gift was exposed
to the human immunodeficiency virus (HIV) | 23 |
| or any other identified causative
agent of acquired | 24 |
| immunodeficiency syndrome (AIDS), the donee may reject
the gift | 25 |
| and shall treat the information and examination results as a
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| confidential medical record; the donee may disclose only the | 27 |
| results
confirming HIV exposure, and only to the physician of | 28 |
| the deceased donor.
The donor's physician shall determine | 29 |
| whether the person who executed the
gift should be notified of | 30 |
| the confirmed positive test result.
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| (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06.)
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