Full Text of HB0158 98th General Assembly
HB0158ham001 98TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 158
| 2 | | AMENDMENT NO. ______. Amend House Bill 158 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Medical Patient Rights Act is amended by | 5 | | changing Section 2.01 and by adding Section 3.3 as follows:
| 6 | | (410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)
| 7 | | Sec. 2.01.
"Patient" means any person who has received or | 8 | | is receiving
medical care, treatment , or services from an | 9 | | individual or institution licensed
to provide medical care or | 10 | | treatment in this State or who is the subject of a research | 11 | | program or an experimental procedure, as defined under the | 12 | | rules and regulations adopted pursuant to the Hospital | 13 | | Licensing Act .
| 14 | | (Source: P.A. 81-1167.)
| 15 | | (410 ILCS 50/3.3 new) |
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| 1 | | Sec. 3.3. Commercial use of human tissue. | 2 | | (a) If human tissue is removed from a patient by a | 3 | | physician or health care provider for the purpose of pursuing | 4 | | commercial research, then the following guidelines shall be | 5 | | followed: | 6 | | (1) Informed consent as described in Section 3.1 of | 7 | | this Act must be obtained from patients whose human tissue | 8 | | is to be removed. | 9 | | (2) Any intended use of the removed human tissue for | 10 | | commercial research that is known at the time the human | 11 | | tissue is removed must be disclosed to the patient as part | 12 | | of the informed consent process. | 13 | | (3) Profits from the use of human tissue in commercial | 14 | | research under item (2) of this subsection (a) may be | 15 | | shared with patients, in accordance with contractual | 16 | | agreements. These contractual agreements may include an | 17 | | option for a negotiated flat fee. | 18 | | (4) The diagnostic and therapeutic alternatives | 19 | | offered to patients by their physicians should conform to | 20 | | standards of good medical practice and should not be | 21 | | influenced in any way by the commercial research potential | 22 | | of the patient's human tissue. | 23 | | (b) For the purposes of this Section, "human tissue" means | 24 | | blood, plasma, blood products or derivatives, other bodily | 25 | | fluids, or hair taken from a living natural person for | 26 | | commercial research use not to be transplanted directly into |
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| 1 | | another human body. | 2 | | (c) Nothing in this Section shall be construed to limit the | 3 | | use of human tissue, organs, cadavers, or any other biological | 4 | | specimen in non-commercial medical or scientific research, | 5 | | education, treatment, or diagnosis. | 6 | | (d) Nothing in this Section shall be construed to limit or | 7 | | supersede organ or tissue donation as permitted by law.
| 8 | | Section 10. The Criminal Code of 2012 is amended by | 9 | | changing Section 12-20 as follows: | 10 | | (720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
| 11 | | Sec. 12-20. Sale of body parts.
| 12 | | (a) Except as provided in subsection
(b), any person who | 13 | | knowingly buys or sells, or offers to buy or sell, a
human body | 14 | | or any part of a human body, is guilty of a Class A misdemeanor
| 15 | | for the first conviction and a Class 4 felony for subsequent | 16 | | convictions.
| 17 | | (b) This Section does not prohibit:
| 18 | | (1) An anatomical gift made in accordance with the | 19 | | Illinois
Anatomical Gift
Act.
| 20 | | (2) (Blank).
| 21 | | (3) Reimbursement of actual expenses incurred by a | 22 | | living person in
donating an organ, tissue or other body | 23 | | part or fluid for transplantation,
implantation, infusion, | 24 | | injection, or other medical or scientific purpose,
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| 1 | | including medical costs, loss of income, and travel | 2 | | expenses.
| 3 | | (4) Payments provided under a plan of insurance or
| 4 | | other health care coverage.
| 5 | | (5) Reimbursement of reasonable costs associated with | 6 | | the removal,
storage or transportation of a human body or | 7 | | part thereof donated for
medical or scientific purposes.
| 8 | | (6) Purchase or sale of blood, plasma, blood products | 9 | | or derivatives,
other body fluids, or human hair , including | 10 | | those removed pursuant to Section 3.3 of the Medical | 11 | | Patient Rights Act .
| 12 | | (7) Purchase or sale of drugs, reagents or other | 13 | | substances made from
human bodies or body parts, for use in | 14 | | medical or scientific research,
treatment or diagnosis.
| 15 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 16 | | Section 99. Effective date. This Act takes effect September | 17 | | 1, 2013.".
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