Full Text of HB2339 98th General Assembly
HB2339eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Anatomical Gift Act is amended by | 5 | | changing Sections 1-5, 1-10, 5-5, 5-15, 5-20, 5-25, 5-27, 5-35, | 6 | | 5-45, and 5-50 and by adding Sections 5-7, 5-12, 5-42, 5-43, | 7 | | 5-47, and 5-55 as follows: | 8 | | (755 ILCS 50/1-5)
| 9 | | Sec. 1-5. Purpose. Illinois recognizes that there is a | 10 | | critical shortage
of human organs and tissues available
to | 11 | | citizens in need of organ and tissue transplants. This shortage | 12 | | leads to the
untimely death of
many adults and children in | 13 | | Illinois and across the nation each year. This Act
is intended | 14 | | to
implement the public policy of encouraging timely donation | 15 | | of human organs and
tissue in
Illinois , and facilitating | 16 | | transplantation transplants of those organs and tissue into | 17 | | patients
in need of them , and encouraging anatomical gifts for | 18 | | therapy, research, or education .
Through this Act, laws | 19 | | relating to organ and tissue donation and
transplantation are | 20 | | consolidated
and modified for the purpose of furthering this | 21 | | public policy , and for the purpose of establishing consistency | 22 | | between this Act and the core provisions of the Revised Uniform | 23 | | Anatomical Gift Act drafted by the National Conference of |
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| 1 | | Commissioners on Uniform State Laws .
| 2 | | (Source: P.A. 93-794, eff. 7-22-04.) | 3 | | (755 ILCS 50/1-10) (was 755 ILCS 50/2)
| 4 | | Sec. 1-10. Definitions.
| 5 | | "Bank or storage facility" means a
facility licensed, | 6 | | accredited or
approved under the laws of any state for storage | 7 | | of human bodies or parts
thereof.
| 8 | | "Close friend" means any person 18 years of age or older | 9 | | who has exhibited
special care
and concern for the decedent and | 10 | | who presents an affidavit to the decedent's
attending | 11 | | physician,
or the hospital administrator or his or her | 12 | | designated representative, stating
that he or she (i) was a
| 13 | | close friend of the decedent, (ii) is willing and able to | 14 | | consent to the
donation, and (iii)
maintained such regular | 15 | | contact with the decedent as to be familiar with the
decedent's | 16 | | health
and social history, and religious and moral beliefs. The | 17 | | affidavit must also
state facts and
circumstances that | 18 | | demonstrate that familiarity.
| 19 | | "Death" means , for the purposes of the Act, when, according | 20 | | to accepted medical standards, there is (i) an irreversible | 21 | | cessation of circulatory and respiratory functions; or (ii) an | 22 | | irreversible cessation of all functions of the entire brain, | 23 | | including the brain stem the irreversible
cessation
of total | 24 | | brain function, according to usual and customary standards of | 25 | | medical
practice .
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| 1 | | "Decedent" means a deceased individual and includes a | 2 | | stillborn
infant or fetus.
| 3 | | "Disinterested witness" means a witness other than the | 4 | | spouse, child, parent, sibling, grandchild, grandparent, or | 5 | | guardian of the individual who makes, amends, revokes, or | 6 | | refuses to make an anatomical gift, or another adult who | 7 | | exhibited special care and concern for the individual. The term | 8 | | does not include a person to whom an anatomical gift could pass | 9 | | under Section 5-10 of this Act. | 10 | | "Document of Gift" means a donor card or other record used | 11 | | to make an anatomical gift. The term includes a donor registry. | 12 | | "Donor" means an individual whose body or part is the | 13 | | subject of an anatomical gift. who makes a gift of all or parts | 14 | | of his
body.
| 15 | | "Federally designated organ procurement agency" means the | 16 | | organ procurement
agency
designated by the Secretary of the | 17 | | U.S. Department of Health and Human Services
for the
service | 18 | | area in which a hospital is located, or the organ procurement | 19 | | agency
for which the U.S.
Secretary of Health and Human | 20 | | Services has granted the hospital a waiver
pursuant to 42 | 21 | | U.S.C.
1320b-8(a) .
| 22 | | "Hospital" means a hospital licensed, accredited or | 23 | | approved under
the laws of any state; and includes a hospital | 24 | | operated by the United
States government, a state, or a | 25 | | subdivision thereof, although not required
to be licensed under | 26 | | state laws.
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| 1 | | "Non-transplant anatomic bank" means any facility or | 2 | | program operating or providing services in this State that is | 3 | | accredited by the American Association of Tissue Banks and that | 4 | | is involved in procuring, furnishing, or distributing whole | 5 | | bodies or parts for the purpose of medical education. For | 6 | | purposes of this Section, a non-transplant anatomic bank | 7 | | operating under the auspices of a hospital, accredited medical | 8 | | school, dental school, college or university, or federally | 9 | | designated organ procurement organization is not required to be | 10 | | accredited by the American Association of Tissue Banks. | 11 | | "Not available" for the giving of consent or refusal means:
| 12 | | (1) the existence of the person is unknown to the hospital | 13 | | administrator or
designee,
organ procurement agency, or tissue | 14 | | bank and is not readily ascertainable
through the
examination | 15 | | of the decedent's hospital records and the questioning of any
| 16 | | persons who are
available for giving consent;
| 17 | | (2) the administrator or designee, organ procurement | 18 | | agency, or tissue bank
has
unsuccessfully attempted to contact | 19 | | the person by telephone or in any other
reasonable manner;
or
| 20 | | (3) the person is unable or unwilling to respond in a | 21 | | manner that indicates
the person's
refusal or consent.
| 22 | | "Organ" means a human kidney, liver, heart, lung, pancreas, | 23 | | small bowel, or
other
transplantable vascular body part as | 24 | | determined by the Organ Procurement and
Transplantation
| 25 | | Network, as periodically selected by the U.S. Department of | 26 | | Health and Human
Services.
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| 1 | | "Organ procurement organization" means the organ | 2 | | procurement organization designated by the Secretary of the | 3 | | U.S. Department of Health and Human Services for the service | 4 | | area in which a hospital is located, or the organ procurement | 5 | | organization for which the Secretary of the U.S. Department of | 6 | | Health and Human Services has granted the hospital a waiver | 7 | | pursuant to 42 U.S.C. 1320b-8(a). | 8 | | "Procurement organization" means an organ procurement | 9 | | organization or a tissue bank. | 10 | | "Reasonably available for the giving of consent or refusal" | 11 | | means a person who is able to be contacted by a procurement | 12 | | organization without undue effort and who is willing and able | 13 | | to act in a timely manner consistent with existing medical | 14 | | criteria necessary for the making of an anatomical gift. | 15 | | "Tissue" means eyes, bones, heart valves, veins, skin, and | 16 | | any other portions
of
a human
body excluding blood, blood | 17 | | products or organs.
| 18 | | "Part" means organs, tissues, eyes, bones, arteries, | 19 | | blood, other
fluids and any other portions of a human body.
| 20 | | "Person" means an individual, corporation, government or
| 21 | | governmental subdivision or agency, business trust, estate, | 22 | | trust,
partnership or association or any other legal entity.
| 23 | | "Physician" or "surgeon" means a physician or surgeon | 24 | | licensed or
authorized to practice medicine in all of its | 25 | | branches under the laws of
any state.
| 26 | | "State" includes any state, district, commonwealth, |
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| 1 | | territory,
insular possession, and any other area subject to | 2 | | the legislative authority
of the United States of America.
| 3 | | "Technician" means an individual trained and certified to | 4 | | remove
tissue, by a recognized medical training institution in | 5 | | the State of
Illinois.
| 6 | | "Tissue bank" means any facility or program operating in | 7 | | Illinois that is
accredited certified by
the American | 8 | | Association of Tissue Banks, the Eye Bank Association of | 9 | | America,
or the
Association of Organ Procurement Organizations | 10 | | and is involved in procuring,
furnishing,
donating, or | 11 | | distributing corneas, bones, or other human tissue for the | 12 | | purpose
of injecting,
transfusing, or transplanting any of them | 13 | | into the human body , or for research or education . "Tissue | 14 | | bank"
does not include
a licensed blood bank. For the purposes | 15 | | of this Act, "tissue" does not include
organs or blood or
blood | 16 | | products.
| 17 | | (Source: P.A. 93-794, eff. 7-22-04 .)
| 18 | | (755 ILCS 50/5-5) (was 755 ILCS 50/3)
| 19 | | Sec. 5-5. Persons who
may execute an anatomical gift.
| 20 | | (a) An anatomical gift of a donor's body or part may be | 21 | | made during the life of the donor for the purpose of | 22 | | transplantation, therapy, research, or education by: | 23 | | (1) the donor, if the donor is an adult or if the donor | 24 | | is an emancipated minor; | 25 | | (2) an agent of the donor, unless the power of attorney |
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| 1 | | for health care or other record prohibits the agent from | 2 | | making an anatomical gift; | 3 | | (3) a parent of the donor, if the donor is an | 4 | | unemancipated minor; or | 5 | | (4) the donor's guardian. | 6 | | Any individual of sound mind who has attained the age of 18 | 7 | | may give all
or
any
part of his or her body for any purpose | 8 | | specified in Section 5-10.
Such
a gift may be executed in any | 9 | | of the ways set out in Section
5-20, and shall take
effect upon | 10 | | the individual's death without the need to obtain the
consent | 11 | | of any survivor. An anatomical gift made by an agent of an
| 12 | | individual, as authorized by the individual under the Powers of | 13 | | Attorney
for Health Care Law, as now or hereafter amended, is | 14 | | deemed to be a gift by
that individual and takes effect without | 15 | | the need to obtain the consent of
any other person.
| 16 | | (b) If no gift has been executed under subsection (a), an | 17 | | anatomical gift of a decedent's body or part for the purpose of | 18 | | transplantation, therapy, research, or education may be made at | 19 | | the time of the decedent's death, or when death is imminent, by | 20 | | a member of the following classes of persons who is reasonably | 21 | | available for the giving of consent or refusal, in the order of | 22 | | priority listed any of the
following persons, in
the order of | 23 | | priority stated in items (1) through (11) below , when
persons
| 24 | | in prior classes are not available for the giving of consent or | 25 | | refusal and
in the absence of (i) actual notice
of contrary | 26 | | intentions by the decedent and (ii) actual notice of opposition
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| 1 | | by any member within the same priority class, may consent to | 2 | | give all or
any part
of the decedent's
body after or | 3 | | immediately before death to a person who may become a donee
for | 4 | | any purpose specified in Section 5-10 :
| 5 | | (1) the guardian of the person of the decedent; | 6 | | (2) the spouse or civil union partner of the decedent; | 7 | | (3) an adult child of the decedent; | 8 | | (4) a parent of the decedent; | 9 | | (5) an adult sibling of the decedent; | 10 | | (6) an adult grandchild of the decedent; | 11 | | (7) a grandparent of the decedent; | 12 | | (8) a close friend of the decedent; and | 13 | | (9) the guardian of the estate of the decedent. | 14 | | (1) an individual acting as the decedent's agent under | 15 | | a
power of attorney for health
care,
| 16 | | (2) the decedent's surrogate decision maker identified | 17 | | by the attending
physician in accordance with the Health | 18 | | Care Surrogate Act,
| 19 | | (3) the guardian of the decedent's person at the time | 20 | | of death,
| 21 | | (4) the decedent's spouse,
| 22 | | (5)
any of the decedent's adult sons or daughters,
| 23 | | (6) either of the decedent's parents,
| 24 | | (7) any of the decedent's adult brothers or sisters,
| 25 | | (8) any adult grandchild of the decedent,
| 26 | | (9) a close friend of the decedent,
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| 1 | | (10) the guardian of the decedent's estate,
| 2 | | (11) any other person authorized or under legal
| 3 | | obligation to dispose of
the body.
| 4 | | If the donee has actual notice of opposition to the gift by | 5 | | the decedent
or any person in the highest priority class in | 6 | | which an available person
can be found, then no gift of all or | 7 | | any part of the decedent's body shall be
accepted.
| 8 | | (b-5) If there is more than one member of a class listed in | 9 | | items (1), (3), (4), (5), (6), (7), or (9) of subsection (b) of | 10 | | this Section entitled to make an anatomical gift, an anatomical | 11 | | gift may be made by a member of the class unless that member or | 12 | | a person to which the gift may pass under Section 5-12 of this | 13 | | Act knows of an objection by another member of the class. If an | 14 | | objection is known, the gift may be made only by a majority of | 15 | | the members of the class who are reasonably available for the | 16 | | giving of consent or refusal. | 17 | | (b-10) A person may not make an anatomical gift if, at the | 18 | | time of the decedent's death, a person in a higher priority | 19 | | class under subsection (b) of this Section is reasonably | 20 | | available for the giving of consent or refusal. | 21 | | (c) A gift of all or part of a body authorizes any blood or | 22 | | tissue test or minimally invasive examination
necessary
to | 23 | | assure medical acceptability of the gift for the purposes | 24 | | intended.
The hospital may not withdraw any measures that are | 25 | | necessary to maintain the medical suitability of the part until | 26 | | the procurement organization has had the opportunity to advise |
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| 1 | | the applicable persons as set forth in this Act of the option | 2 | | to make an anatomical gift or has ascertained that the | 3 | | individual expressed a contrary intent. The results of tests | 4 | | and examinations under this subsection shall be used or | 5 | | disclosed only for purposes of evaluating medical suitability | 6 | | for donation, to facilitate the donation process, and as | 7 | | required or permitted by existing law.
| 8 | | (d) The rights of the donee created by the gift are | 9 | | paramount to
the
rights of others except as provided by Section | 10 | | 5-45(d).
| 11 | | (e) If no gift has been executed under this Act, then no
| 12 | | part of the
decedent's body may be used for any purpose | 13 | | specified in this
Act.
| 14 | | (Source: P.A. 92-349, eff. 1-1-02; 93-794, eff. 7-22-04.)
| 15 | | (755 ILCS 50/5-7 new) | 16 | | Sec. 5-7. Preclusive effect of anatomical gift, amendment, | 17 | | or revocation. | 18 | | (a) Subject to subsection (f) of this Section, in the | 19 | | absence of an express, contrary indication by the donor, a | 20 | | person other than the donor is barred from changing, amending, | 21 | | or revoking an anatomical gift of a donor's body or part if the | 22 | | donor made an anatomical gift of the donor's body or part under | 23 | | Section 5-20 of this Act or an amendment to an anatomical gift | 24 | | of the donor's body or part under Section 5-42 of this Act. | 25 | | (b) A donor's revocation of an anatomical gift of the |
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| 1 | | donor's body or part under Section 5-42 of this Act is not a | 2 | | refusal and does not bar another person specified in subsection | 3 | | (a) or (b) of Section 5-5 of this Act from making an anatomical | 4 | | gift of the donor's body or part under subsection (a), (b), | 5 | | (b-5), (b-10), (e), or (e-5) of Section 5-20 of this Act. | 6 | | (c) If a person other than the donor makes an unrevoked | 7 | | anatomical gift of the donor's body or part under subsection | 8 | | (a), (b), (b-5) or (b-10) of Section 5-20 of this Act, or an | 9 | | amendment to an anatomical gift of the donor's body or part | 10 | | under Section 5-42 of this Act, another person may not make, | 11 | | amend, or revoke the gift of the donor's body or part under | 12 | | subsection (e) or (e-5) of Section 5-20 of this Act. | 13 | | (d) A revocation of an anatomical gift of a donor's body or | 14 | | part under Section 5-42 of this Act by a person other than the | 15 | | donor does not bar another person from making an anatomical | 16 | | gift of the body or part under subsection (a), (b), (b-5), | 17 | | (b-10), (e), or (e-5) of Section 5-20 of this Act. | 18 | | (e) In the absence of an express, contrary indication by | 19 | | the donor or other person authorized to make an anatomical gift | 20 | | under subsection (a) of Section 5-5 of this Act, an anatomical | 21 | | gift of a part is neither a refusal to give another part nor a | 22 | | limitation on the making of an anatomical gift of another part | 23 | | at a later time by the donor or another person. | 24 | | (f) In the absence of an express, contrary indication by | 25 | | the donor or other person authorized to make an anatomical gift | 26 | | under subsection (a) of Section 5-5 of this Act, an anatomical |
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| 1 | | gift of a part for one or
more of the purposes set forth in | 2 | | subsection (a) of Section 5-5 of this Act is not a limitation | 3 | | on the making of an anatomical gift of the part for any of the | 4 | | other purposes by the donor or any other person under | 5 | | subsection (a), (b), (b-5), (b-10), (e), or (e-5) of Section | 6 | | 5-20 of this Act. | 7 | | (755 ILCS 50/5-12 new) | 8 | | Sec. 5-12. Persons who may receive an anatomical gift; | 9 | | purpose of anatomical gift. | 10 | | (a) An anatomical gift may be made to the following persons | 11 | | named in the document of gift: | 12 | | (1) for research or education, a hospital; an | 13 | | accredited medical school, dental school, college, or | 14 | | university; an organ procurement organization; or other | 15 | | appropriate person; | 16 | | (2) subject to subsection (b) of this Section, an | 17 | | individual designated by the person making the anatomical | 18 | | gift if the individual is the recipient of the part; | 19 | | (3) an eye bank or tissue bank; or | 20 | | (4) for research or education, a non-transplant | 21 | | anatomic bank. | 22 | | (b) If an anatomical gift to an individual under item (2) | 23 | | of subsection (a) of this Section cannot be transplanted into | 24 | | the individual, the part passes in accordance with subsection | 25 | | (g) of this Section unless there is an express, contrary |
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| 1 | | indication by the person making the anatomical gift. | 2 | | (c) If an anatomical gift of one or more specific parts or | 3 | | of all parts is made in a document of gift that does not name a | 4 | | person described in subsection (a) of this Section, but | 5 | | identifies the purpose for which an anatomical gift may be | 6 | | used, the following rules apply: | 7 | | (1) If the part is an eye and the gift is for the | 8 | | purpose of transplantation or therapy, the gift passes to | 9 | | the appropriate eye bank. | 10 | | (2) If the part is tissue and the gift is for the | 11 | | purpose of transplantation or therapy, the gift passes to | 12 | | the appropriate tissue bank. | 13 | | (3) If the part is an organ and the gift is for the | 14 | | purpose of transplantation or therapy, the gift passes to | 15 | | the appropriate organ procurement organization as | 16 | | custodian of the organ. | 17 | | (4) If the part is an organ, an eye, or tissue and the | 18 | | gift is for the purpose of research or education, the gift | 19 | | passes to the appropriate procurement organization. | 20 | | (d) For the purpose of subsection (c) of this Section, if | 21 | | there is more than one purpose of an anatomical gift set forth | 22 | | in the document of gift but the purposes are not set forth in | 23 | | any priority, and if the gift cannot be used for | 24 | | transplantation or therapy, the gift may be used for research | 25 | | or education. | 26 | | (e) If an anatomical gift of one or more specific parts is |
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| 1 | | made in a document of gift that does not name a person | 2 | | described in subsection (a) of this Section and does not | 3 | | identify the purpose of the gift, the gift may be used only for | 4 | | transplantation or therapy or research, and the gift passes in | 5 | | accordance with subsection (g) of this Section. | 6 | | (f) If a document of gift specifies only a general intent | 7 | | to make an anatomical gift by words such as "donor", "organ | 8 | | donor", or "body donor", or by a symbol or statement of similar | 9 | | import, the gift may be used only for transplantation or | 10 | | therapy or research, and the gift passes in accordance with | 11 | | subsection (g) of this Section. | 12 | | (g) For purposes of subsections (b), (e), and (f) of this | 13 | | Section, the following rules apply: | 14 | | (1) If the part is an eye, the gift passes to the | 15 | | appropriate eye bank. | 16 | | (2) If the part is tissue, the gift passes to the | 17 | | appropriate tissue bank. | 18 | | (3) If the part is an organ, the gift passes to the | 19 | | appropriate organ procurement organization as custodian of | 20 | | the organ. | 21 | | (h) An anatomical gift of an organ for transplantation or | 22 | | therapy, other than an anatomical gift under item (2) of | 23 | | subsection (a) of this Section, passes to the organ procurement | 24 | | organization as custodian of the organ. | 25 | | (i) If an anatomical gift does not pass under this Section | 26 | | or the decedent's body or part is not used for transplantation, |
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| 1 | | therapy, research, or education, custody of the body or part | 2 | | passes to the person under obligation to dispose of the body or | 3 | | part. | 4 | | (j) A person may not accept an anatomical gift if the | 5 | | person knows that the gift was not effectively made under | 6 | | Section 5-5 or subsection (e) or (e-5) of Section 5-20 of this | 7 | | Act or if the person knows that the decedent made a refusal | 8 | | under Section 5-47 of this Act that was not revoked. For | 9 | | purposes of this subsection, if a person knows that an | 10 | | anatomical gift was made on a document of gift, the person is | 11 | | deemed to know of any amendment or revocation of the gift or | 12 | | any refusal to make an anatomical gift on the same document of | 13 | | gift. | 14 | | (k) Except as otherwise provided in item (2) of subsection | 15 | | (a) of this Section, nothing in this Act affects the allocation | 16 | | of organs for transplantation or therapy. | 17 | | (755 ILCS 50/5-15) (was 755 ILCS 50/4.5)
| 18 | | Sec. 5-15. Disability of recipient.
| 19 | | (a) No hospital, physician and surgeon, procurement | 20 | | organization bank or storage facility , or other
person shall | 21 | | determine the ultimate recipient of an anatomical gift based | 22 | | upon
a potential recipient's physical or mental disability, | 23 | | except to the extent
that the physical or mental disability has | 24 | | been found by a physician and
surgeon, following a case-by-case | 25 | | evaluation of the potential recipient, to be
medically |
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| 1 | | significant to the provision of the anatomical
gift.
| 2 | | (b) Subsection (a) shall apply to each part of the organ | 3 | | transplant process.
| 4 | | (c) The court shall accord priority on its calendar and | 5 | | handle
expeditiously any action brought to seek any remedy | 6 | | authorized by law for
purposes of enforcing compliance with | 7 | | this Section.
| 8 | | (d) This Section shall not be deemed to require referrals | 9 | | or
recommendations for or the performance of medically | 10 | | inappropriate organ
transplants.
| 11 | | (e) As used in this Section "disability" has the same | 12 | | meaning as in the
federal Americans with Disabilities Act of | 13 | | 1990 (42 U.S.C. 12101 et seq.,
Public Law 101-336) as may be | 14 | | amended from time to time.
| 15 | | (Source: P.A. 93-794, eff. 7-22-04.)
| 16 | | (755 ILCS 50/5-20) (was 755 ILCS 50/5)
| 17 | | Sec. 5-20. Manner of Executing Anatomical Gifts.
| 18 | | (a) A donor may make an anatomical gift: | 19 | | (1) by authorizing a statement or symbol indicating | 20 | | that the donor has made an anatomical gift to be imprinted | 21 | | on the donor's driver's license or identification card; | 22 | | (2) in a will; | 23 | | (3) during a terminal illness or injury of the donor, | 24 | | by any form of communication addressed to at least 2 | 25 | | adults, at least one of whom is a disinterested witness; or |
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| 1 | | (4) as provided in subsection (b) of this Section. | 2 | | A gift of all or part of the body under Section 5-5 (a) may | 3 | | be
made
by will. The gift becomes effective upon the death of | 4 | | the testator without
waiting for probate. If the will is not | 5 | | probated, or if it is declared
invalid for testamentary | 6 | | purposes, the gift, to the extent that it has been
acted upon | 7 | | in good faith, is nevertheless valid and effective.
| 8 | | (b) A donor or other person authorized to make an | 9 | | anatomical gift under subsection (a) of Section 5-5 of this Act | 10 | | may make a gift by a donor card or other record signed by the | 11 | | donor or other person making the gift or by authorizing that a | 12 | | statement or symbol indicating that the donor has made an | 13 | | anatomical gift be included on a donor registry. If the donor | 14 | | or other person is physically unable to sign a record, the | 15 | | record may be signed by another individual at the direction of | 16 | | the donor or other person and must: | 17 | | (1) be witnessed by at least 2 adults, at least one of | 18 | | whom is a disinterested witness, who have signed at the | 19 | | request of the donor or the other person; and | 20 | | (2) state that it has been signed and witnessed as | 21 | | provided in paragraph (1) of this subsection (b). | 22 | | A gift of all or part of the body under Section 5-5 (a) may
| 23 | | also be
made by a written, signed document other than a will. | 24 | | The gift becomes
effective upon the death of the donor. The | 25 | | document, which may be a card
or a valid driver's license | 26 | | designed to be carried on the person, is effective without |
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| 1 | | regard to the presence or signature of witnesses.
Such a gift | 2 | | may also be made by properly executing the form provided by
the | 3 | | Secretary of State on the reverse side of the donor's driver's | 4 | | license
pursuant to subsection (b) of Section 6-110 of The | 5 | | Illinois Vehicle Code.
Delivery of the document of gift during | 6 | | the donor's lifetime is not
necessary to make the gift valid.
| 7 | | (b-1) A gift under Section 5-5 (a) may also be made by an | 8 | | individual consenting to have his or her name included in the | 9 | | First Person Consent organ and tissue donor registry maintained | 10 | | by the Secretary of State under Section 6-117 of the Illinois | 11 | | Vehicle Code. An individual's consent to have his or her name | 12 | | included in the First Person Consent organ and tissue donor | 13 | | registry constitutes full legal authority for the donation of | 14 | | any of his or her organs or tissue for purposes of | 15 | | transplantation, therapy, or research . Consenting to be | 16 | | included in the First Person Consent organ and tissue donor | 17 | | registry is effective without regard to the presence or | 18 | | signature of witnesses.
| 19 | | (b-5) Revocation, suspension, expiration, or cancellation | 20 | | of a driver's license or identification card upon which an | 21 | | anatomical gift is indicated does not invalidate the gift. | 22 | | (b-10) An anatomical gift made by will takes effect upon | 23 | | the donor's death whether or not the will is probated. | 24 | | Invalidation of the will after the donor's death does not | 25 | | invalidate the gift. | 26 | | (c) The anatomical gift may be made to a specified donee or |
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| 1 | | without specifying a
donee. If the latter, the gift may be | 2 | | accepted by the attending physician
as donee upon or following | 3 | | death. If the gift is made to a specified donee
who is not | 4 | | available at the time and place of death, then if made for the
| 5 | | purpose of transplantation, it shall be effectuated in | 6 | | accordance with Section
5-25 , and if made for any other purpose | 7 | | the attending
physician upon or following death, in the absence | 8 | | of any expressed
indication that the donor desired otherwise, | 9 | | may accept the gift as donee .
| 10 | | (d) The donee or other person authorized to accept the gift
| 11 | | may employ or authorize any qualified technician, surgeon, or | 12 | | physician to perform the recovery. Notwithstanding Section | 13 | | 5-45 (b), the donor may designate in
his will,
card, or other | 14 | | document of gift the surgeon or physician to carry out the
| 15 | | appropriate procedures. In the absence of a designation or if | 16 | | the designee
is not available, the donee or other person | 17 | | authorized to accept the gift
may employ or authorize any | 18 | | surgeon or physician for the purpose.
| 19 | | (e) A person authorized to make an anatomical gift under | 20 | | subsection (b) of Section 5-5 of this Act may make an | 21 | | anatomical gift by a document of gift signed by the person | 22 | | making the gift or by that person's oral communication that is | 23 | | electronically recorded or is contemporaneously reduced to a | 24 | | record and signed by the individual receiving the oral | 25 | | communication. Any gift by a person designated in Section 5-5 | 26 | | (b) shall be
made by a
document signed by him or made by his |
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| 1 | | telegraphic, recorded telephonic, or
other recorded message.
| 2 | | (e-5) An anatomical gift by a person authorized under | 3 | | subsection (b) of Section 5-5 of this Act may be amended or | 4 | | revoked orally or in a record by a member of a prior class who | 5 | | is reasonably available for the giving of consent or refusal. | 6 | | If more than one member of the prior class is reasonably | 7 | | available for the giving of consent or refusal, the gift made | 8 | | by a person authorized under subsection (b) of Section 5-5 of | 9 | | this Act may be: | 10 | | (1) amended only if a majority of the class members | 11 | | reasonably available for the giving of consent or refusal | 12 | | agree to the amending of the gift; or | 13 | | (2) revoked only if a majority of the class members | 14 | | reasonably available for the giving of consent or refusal | 15 | | agree to the revoking of the gift or if they are equally | 16 | | divided as to whether to revoke the gift. | 17 | | (e-10) A revocation under subsection (e-5) is effective | 18 | | only if, before an incision has been made to remove a part from | 19 | | the donor's body or before invasive procedures have been | 20 | | commenced to prepare the recipient, the procurement | 21 | | organization, non-transplant anatomic bank, transplant | 22 | | hospital, or physician or technician knows of the revocation. | 23 | | (f) When there is a suitable candidate for organ donation | 24 | | and a donation or consent to donate has not yet been given, | 25 | | procedures to preserve the decedent's body for possible organ | 26 | | and tissue donation may be implemented under the authorization |
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| 1 | | of the applicable organ procurement organization agency , at its | 2 | | own expense, prior to making a donation request pursuant to | 3 | | Section 5-25. If the organ procurement organization agency does | 4 | | not locate a person authorized to consent to donation or | 5 | | consent to donation is denied, then procedures to preserve the | 6 | | decedent's body shall be ceased and no donation shall be made. | 7 | | The organ procurement organization agency shall respect the | 8 | | religious tenets of the decedent, if known, such as a pause | 9 | | after death, before initiating preservation services. Nothing | 10 | | in this Section shall be construed to authorize interference | 11 | | with the coroner in carrying out an investigation or autopsy.
| 12 | | (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06; 94-920, | 13 | | eff. 1-1-07.)
| 14 | | (755 ILCS 50/5-25)
| 15 | | Sec. 5-25. Notification; consent. | 16 | | (a) Each hospital in this State shall enter into agreements | 17 | | or affiliations with procurement organizations for | 18 | | coordination of procurement and use of anatomical gifts. When, | 19 | | based upon generally accepted medical standards, an inpatient | 20 | | in a
general acute care hospital with more than 100 beds is a | 21 | | suitable candidate for
organ or tissue
donation and the patient | 22 | | has not made an anatomical gift of all or any part of
his or her | 23 | | body
pursuant to Section 5-20 of this Act, the hospital | 24 | | (b) Hospitals shall proceed in accordance
with the | 25 | | applicable
requirements of 42 CFR 482.45 or any successor |
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| 1 | | provisions of federal statute or
regulation, as may
be amended | 2 | | from time to time, with regard to collaboration with | 3 | | procurement organizations to facilitate organ, tissue, and eye | 4 | | donation and the written agreement between the hospital
and
the | 5 | | applicable
organ procurement agency executed thereunder .
| 6 | | (b) In making a request for organ or tissue donation, the | 7 | | hospital or the
hospital's
federally designated organ | 8 | | procurement organization agency or tissue bank shall request | 9 | | any
of the
following persons, in the order of priority stated | 10 | | in items (1) through (9) (11)
below, when persons
in prior | 11 | | classes are not available and in the absence of (i) actual | 12 | | notice of
contrary intentions
by the decedent, (ii) actual | 13 | | notice of opposition by any member within the same
priority | 14 | | class,
and (iii) reason to believe that an anatomical gift is | 15 | | contrary to the
decedent's religious beliefs,
to consent to the | 16 | | gift of all or any part of the decedent's body for any
purpose | 17 | | specified in Section 5-12
5-10 of this Act:
| 18 | | (1) the guardian of the person of the decedent; | 19 | | (2) the spouse or civil union partner of the decedent; | 20 | | (3) an adult child of the decedent; | 21 | | (4) a parent of the decedent; | 22 | | (5) an adult sibling of the decedent; | 23 | | (6) an adult grandchild of the decedent; | 24 | | (7) a grandparent of the decedent; | 25 | | (8) a close friend of the decedent; and | 26 | | (9) the guardian of the estate of the decedent. |
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| 1 | | (1) an individual acting as the decedent's agent under | 2 | | a power of attorney
for
health care;
| 3 | | (2) the decedent's surrogate decision maker identified | 4 | | by the attending
physician in
accordance with the Health | 5 | | Care Surrogate Act;
| 6 | | (3) the guardian of the decedent's person at the time | 7 | | of death;
| 8 | | (4) the decedent's spouse;
| 9 | | (5) any of the decedent's adult sons or daughters;
| 10 | | (6) either of the decedent's parents;
| 11 | | (7) any of the decedent's adult brothers or sisters;
| 12 | | (8) any adult grandchild of the decedent;
| 13 | | (9) a close friend of the decedent;
| 14 | | (10) the guardian of the decedent's estate; or
| 15 | | (11) any other person authorized or under legal | 16 | | obligation to dispose of
the
body.
| 17 | | (c) (Blank). If (1) the hospital, the applicable organ | 18 | | procurement agency, or the
tissue bank
has actual notice of | 19 | | opposition to the gift by the decedent or any person in
the | 20 | | highest priority
class in which an available person can be | 21 | | found, or (2) there is reason to
believe that an
anatomical | 22 | | gift is contrary to the decedent's religious beliefs, or (3) | 23 | | the
Director of Public
Health has adopted a rule signifying his | 24 | | or her determination that the need for
organs and tissues
for | 25 | | donation has been adequately met, then the gift of all or any | 26 | | part of the
decedent's body
shall not be requested. If a |
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| 1 | | donation is requested, consent or refusal may
be obtained
only | 2 | | from the person or persons in the highest priority class | 3 | | available. If the
hospital
administrator, or his or her | 4 | | designated representative, the designated organ
procurement
| 5 | | agency, or the tissue bank is unable to obtain consent from any | 6 | | of the persons
named in items (1) through (11) of subsection | 7 | | (b) of this Section, the
decedent's body shall not be used for | 8 | | an
anatomical gift unless a valid anatomical gift document was | 9 | | executed under this
Act.
| 10 | | (d) (Blank). When there is a suitable candidate for organ | 11 | | donation, as described in
subsection (a), or if consent to | 12 | | remove organs and tissues is granted, the
hospital shall
notify | 13 | | the
applicable federally designated organ procurement agency. | 14 | | The federally
designated organ
procurement agency shall notify | 15 | | any tissue bank specified by the hospital of
the suitable
| 16 | | candidate for tissue donation. The organ procurement agency | 17 | | shall collaborate
with all
tissue banks in Illinois to maximize | 18 | | tissue procurement in a timely manner.
| 19 | | (Source: P.A. 93-794, eff. 7-22-04.)
| 20 | | (755 ILCS 50/5-27) (was 755 ILCS 60/3.5)
| 21 | | Sec. 5-27. Notification of patient; family rights and | 22 | | options after circulatory death . | 23 | | (a) In this Section, "donation after circulatory cardiac | 24 | | death" means the donation of organs from a ventilated patient | 25 | | whose death is declared based upon cardio-pulmonary, and not |
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| 1 | | neurological, criteria, following the implementation of the | 2 | | decision to withdraw life support without a certification of | 3 | | brain death and with a do-not-resuscitate order, if a decision | 4 | | has been reached by the physician and the family to withdraw | 5 | | life support and if the donation does not occur until after the | 6 | | declaration of cardiac death . | 7 | | (b) If (i) a potential organ donor, or an individual given | 8 | | authority under subsection (b) of Section 5-25 to consent to an | 9 | | organ donation, expresses an interest in organ donation, (ii) | 10 | | there has not been a certification of brain death for the | 11 | | potential donor, and (iii) the potential donor is a patient at | 12 | | a hospital that does not allow donation after circulatory | 13 | | cardiac death, then the organ procurement organization agency | 14 | | shall inform the patient or the individual given authority to | 15 | | consent to organ donation that the hospital does not allow | 16 | | donation after circulatory cardiac death.
| 17 | | (c) In addition to providing oral notification, the organ | 18 | | procurement organization agency shall develop a written form | 19 | | that indicates to the patient or the individual given authority | 20 | | to consent to organ donation, at a minimum, the following | 21 | | information:
| 22 | | (1) That the patient or the individual given authority | 23 | | to consent to organ donation has received literature and | 24 | | has been counseled by (representative's name) of the (organ | 25 | | procurement organization agency name). | 26 | | (2) That all organ donation options have been explained |
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| 1 | | to the patient or the individual given authority to consent | 2 | | to organ donation, including the option of donation after | 3 | | circulatory cardiac death. | 4 | | (3) That the patient or the individual given authority | 5 | | to consent to organ donation is aware that the hospital | 6 | | where the potential donor is a patient does not allow | 7 | | donation after circulatory cardiac death.
| 8 | | (4) That the patient or the individual given authority | 9 | | to consent to organ donation has been informed of the right | 10 | | to request a patient transfer to a facility allowing | 11 | | donation after circulatory cardiac death. | 12 | | (5) That the patient or the individual given authority | 13 | | to consent to organ donation has been informed of another | 14 | | hospital that will allow donation after circulatory | 15 | | cardiac death and will accept a patient transfer for the | 16 | | purpose of donation after circulatory cardiac death; and | 17 | | that the cost of transferring the patient to that other | 18 | | hospital will be covered by the organ procurement | 19 | | organization agency , with no additional cost to the patient | 20 | | or the individual given authority to consent to organ | 21 | | donation. | 22 | | The form required under this subsection must include a | 23 | | place for the signatures of the patient or the individual given | 24 | | authority to consent to organ donation and the representative | 25 | | of the organ procurement organization agency and space to | 26 | | provide the date that the form was signed.
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 2 | | (755 ILCS 50/5-35) (was 755 ILCS 50/6)
| 3 | | Sec. 5-35. Delivery of
Document of Anatomical Gift Not | 4 | | Required; Right to Examine .
| 5 | | (a) A document of gift need not be delivered during the | 6 | | donor's lifetime to be effective. | 7 | | (b) Upon or after an individual's death, a person in | 8 | | possession of a document of gift or a refusal to make an | 9 | | anatomical gift with respect to the individual shall allow | 10 | | examination and copying of the document of gift or refusal by a | 11 | | person authorized to make or object to the making of an | 12 | | anatomical gift with respect to the individual or by a person | 13 | | to which the gift could pass under Section 5-12 of this Act. | 14 | | If the gift is made by the donor to a specified donee, the | 15 | | will, card,
or other document, or an executed copy thereof, may | 16 | | be delivered to the
donee to expedite the appropriate | 17 | | procedures immediately after death.
Delivery is not necessary | 18 | | to the validity of the gift. The will, card, or
other document, | 19 | | or an executed copy thereof, may be deposited in any
hospital, | 20 | | bank or storage facility, or registry office that accepts it | 21 | | for
safekeeping or for facilitation of procedures after death. | 22 | | On request of
any interested party upon or after the donor's | 23 | | death, the person in
possession shall produce the document for | 24 | | examination.
| 25 | | (Source: P.A. 93-794, eff. 7-22-04.)
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| 1 | | (755 ILCS 50/5-42 new) | 2 | | Sec. 5-42. Amending or revoking anatomical gift before | 3 | | donor's death. | 4 | | (a) Subject to Section 5-7 of this Act, a donor or other | 5 | | person authorized to make an anatomical gift under subsection | 6 | | (a) of Section 5-5 of this Act may amend or revoke an | 7 | | anatomical gift by: | 8 | | (1) a record signed by: | 9 | | (A) the donor; | 10 | | (B) the other authorized person; or | 11 | | (C) subject to subsection (b) of this Section, | 12 | | another individual acting at the direction of the donor | 13 | | or the other person if the donor or other person is | 14 | | physically unable to sign; or | 15 | | (2) a later-executed document of gift that amends or | 16 | | revokes a previous anatomical gift or portion of an | 17 | | anatomical gift, either expressly or by inconsistency. | 18 | | (b) A record signed under subdivision (a)(1)(C) of this | 19 | | Section must: | 20 | | (1) be witnessed by at least 2 adults, at least one of | 21 | | whom is a disinterested witness, who have signed at the | 22 | | request of the donor or the other person; and | 23 | | (2) state that it has been signed and witnessed as | 24 | | provided in paragraph (1) of this subsection (b). | 25 | | (c) Subject to Section 5-7 of this Act, a donor or other |
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| 1 | | person authorized to make an anatomical gift under subsection | 2 | | (a) of Section 5-5 of this Act may revoke an anatomical gift by | 3 | | the destruction or cancellation of the document of gift, or the | 4 | | portion of the document of gift used to make the gift, with the | 5 | | intent to revoke the gift. | 6 | | (d) A donor may amend or revoke an anatomical gift that was | 7 | | not made in a will by any form of communication during a | 8 | | terminal illness or injury addressed to at least 2 adults, at | 9 | | least one of whom is a disinterested witness. | 10 | | (e) A donor who makes an anatomical gift in a will may | 11 | | amend or revoke the gift in the manner provided for amendment | 12 | | or revocation of wills or as provided in subsection (a) of this | 13 | | Section. | 14 | | (755 ILCS 50/5-43 new) | 15 | | Sec. 5-43. Refusal to make anatomical gift; effect of | 16 | | refusal. | 17 | | (a) An individual may refuse to make an anatomical gift of | 18 | | the individual's body or part by: | 19 | | (1) a record signed by: | 20 | | (A) the individual; or | 21 | | (B) subject to subsection (b) of this Section, | 22 | | another individual acting at the direction of the | 23 | | individual if the individual is physically unable to | 24 | | sign; | 25 | | (2) the individual's will, whether or not the will is |
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| 1 | | admitted to probate or invalidated after the individual's | 2 | | death; or | 3 | | (3) any form of communication made by the individual | 4 | | during the individual's terminal illness or injury | 5 | | addressed to at least 2 adults, at least one of whom is a | 6 | | disinterested witness. | 7 | | (b) A record signed under subdivision (a)(1)(B) of this | 8 | | Section must: | 9 | | (1) be witnessed by at least 2 adults, at least one of | 10 | | whom is a disinterested witness, who have signed at the | 11 | | request of the individual; and | 12 | | (2) state that it has been signed and witnessed as | 13 | | provided in paragraph (1) of this subsection (b). | 14 | | (c) An individual who has made a refusal may amend or | 15 | | revoke the refusal: | 16 | | (1) in the manner provided in subsection (a) of this | 17 | | Section for making a refusal; | 18 | | (2) by subsequently making an anatomical gift under | 19 | | subsection (a),(b), (b-5) or (b-10) of Section 5-20 of this | 20 | | Act that is inconsistent with the refusal; or | 21 | | (3) by destroying or canceling the record evidencing | 22 | | the refusal, or the portion of the record used to make the | 23 | | refusal, with the intent to revoke the refusal. | 24 | | (d) In the absence of an express, contrary indication by | 25 | | the individual set forth in the refusal, an individual's | 26 | | unrevoked refusal to make an anatomical gift of the |
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| 1 | | individual's body or part bars all other persons from making an | 2 | | anatomical gift of the individual's body or part. | 3 | | (755 ILCS 50/5-45) (was 755 ILCS 50/8) | 4 | | Sec. 5-45. Rights and Duties at Death.
| 5 | | (a) The donee may accept or
reject
the anatomical gift. If | 6 | | the donee accepts a gift of the entire body, he may, subject
to | 7 | | the terms of the gift, authorize embalming and the use of the | 8 | | body in
funeral services, unless a person named in subsection | 9 | | (b) of Section 5-5
has requested, prior to the final | 10 | | disposition by the donee, that the remains
of said body be | 11 | | returned to his or her custody for the purpose of final
| 12 | | disposition. Such request shall be honored by the donee if the | 13 | | terms of
the gift are silent on how final disposition is to | 14 | | take place. If the
gift is of a part of the body, the donee or | 15 | | technician designated by him
upon the death of the donor and | 16 | | prior to embalming, shall cause the part to
be removed without | 17 | | unnecessary mutilation and without undue delay in the
release | 18 | | of the body for the purposes of final disposition. After | 19 | | removal of
the part, custody of the remainder of the body vests | 20 | | in the surviving
spouse, next of kin, or other persons under | 21 | | obligation to dispose of the
body, in the order or priority | 22 | | listed in subsection (b) of Section 5-5 of this Act.
| 23 | | (b) The time of death shall be determined by a physician | 24 | | who attends the
donor at his death, or, if none, the physician | 25 | | who certifies the death. The
physician shall not participate in |
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| 1 | | the procedures for removing or
transplanting a part.
| 2 | | (c) A person who acts or attempts in good faith to act in | 3 | | accordance with this Act or with the applicable anatomical gift | 4 | | law of another state is not liable for the act in a civil | 5 | | action, criminal prosecution, or administrative proceeding. | 6 | | Neither the person making an anatomical gift nor the donor's | 7 | | estate is liable for any injury or damage that results from the | 8 | | making or use of the gift. In determining whether an anatomical | 9 | | gift has been made, amended, or revoked under this Act, a | 10 | | person may rely upon representations of an individual listed in | 11 | | items (2), (3), (4), (5), (6), (7), or (8) of subsection (b) of | 12 | | Section 5-5 of this Act relating to the individual's | 13 | | relationship to the donor or prospective donor unless the | 14 | | person knows that the representation is untrue. A person who | 15 | | acts in good faith in accord with the terms of this Act, the | 16 | | Illinois Vehicle Code,
and the AIDS Confidentiality Act, or the | 17 | | anatomical gift laws of another
state or a foreign country, is | 18 | | not liable for damages in any civil action
or subject to | 19 | | prosecution in any criminal proceeding for his act.
Any person | 20 | | that participates in good faith and according to the usual and
| 21 | | customary standards of medical practice in the preservation, | 22 | | removal, or transplantation
of any part of a decedent's body | 23 | | pursuant to an anatomical gift made by the
decedent under | 24 | | Section 5-20 of this Act or pursuant to an anatomical
gift made
| 25 | | by an individual as authorized by subsection (b) of Section 5-5 | 26 | | of
this Act
shall have immunity from liability, civil, |
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| 1 | | criminal, or otherwise, that
might result by reason of such | 2 | | actions. For the purpose of any
proceedings, civil or criminal, | 3 | | the validity of an anatomical gift executed
pursuant to Section | 4 | | 5-20 of this Act shall be presumed and the good
faith of
any | 5 | | person participating in the removal or transplantation of any | 6 | | part of a
decedent's body pursuant to an anatomical gift made | 7 | | by the decedent or by
another individual authorized by the Act | 8 | | shall be presumed.
| 9 | | (d) This Act is subject to the provisions of "An Act to | 10 | | revise the law
in relation to coroners", approved February 6, | 11 | | 1874, as now or hereafter
amended, to the laws of this State | 12 | | prescribing powers and duties with
respect to autopsies, and to | 13 | | the statutes, rules, and regulations of this
State with respect | 14 | | to the transportation and disposition of deceased human
bodies.
| 15 | | (e) If the donee is provided information, or determines | 16 | | through
independent examination, that there is evidence that | 17 | | the anatomical gift was exposed
to the human immunodeficiency | 18 | | virus (HIV) or any other identified causative
agent of acquired | 19 | | immunodeficiency syndrome (AIDS), the donee may reject
the gift | 20 | | and shall treat the information and examination results as a
| 21 | | confidential medical record; the donee may disclose only the | 22 | | results
confirming HIV exposure, and only to the physician of | 23 | | the deceased donor.
The donor's physician shall determine | 24 | | whether the person who executed the
gift should be notified of | 25 | | the confirmed positive test result.
| 26 | | (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06; 94-920, |
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| 1 | | eff. 1-1-07.)
| 2 | | (755 ILCS 50/5-47 new) | 3 | | Sec. 5-47. Rights and duties of procurement organizations | 4 | | and others. | 5 | | (a) When a hospital refers an individual at or near death | 6 | | to a procurement organization, the organization shall make a | 7 | | reasonable search of the records of the Secretary of State and | 8 | | any donor registry that it knows exists for the geographical | 9 | | area in which the individual resides to ascertain whether the | 10 | | individual has made an anatomical gift. | 11 | | (b) A procurement organization shall be allowed reasonable | 12 | | access to information in the records of the Secretary of State | 13 | | to ascertain whether an individual at or near death is a donor. | 14 | | (c) When a hospital refers an individual at or near death | 15 | | to a procurement organization, the organization may conduct any | 16 | | reasonable examination necessary to ensure the medical | 17 | | suitability of a part from a donor or a prospective donor that | 18 | | is or could be the subject of an anatomical gift for | 19 | | transplantation, therapy, research, or education. During the | 20 | | examination period, measures necessary to ensure the medical | 21 | | suitability of the part may not be withdrawn unless the | 22 | | hospital or procurement organization knows that the individual | 23 | | expressed a contrary intent. | 24 | | (d) Unless prohibited by law other than this Act, at any | 25 | | time after a donor's death, the person to which a part passes |
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| 1 | | under Section 5-12 of this Act may conduct any reasonable | 2 | | examination necessary to ensure the medical suitability of the | 3 | | body or part for its intended purpose. | 4 | | (e) Unless prohibited by law other than this Act, an | 5 | | examination under subsection (c) or (d) of this Section may | 6 | | include an examination of all medical and dental records of the | 7 | | donor or prospective donor. | 8 | | (f) Upon referral by a hospital under subsection (a) of | 9 | | this Section, a procurement organization shall make a | 10 | | reasonable search for any person listed in subsection (b) of | 11 | | Section 5-5 of this Act having priority to make an anatomical | 12 | | gift on behalf of a prospective donor. If a procurement | 13 | | organization receives information that an anatomical gift to | 14 | | any other person was made, amended, or revoked, it shall | 15 | | promptly advise the other person of all relevant information. | 16 | | (g) Subject to subsection (i) of Section 5-12 of this Act, | 17 | | the rights of the person to which a part passes under Section | 18 | | 5-12 of this Act are superior to the rights of all others with | 19 | | respect to the part. The person may accept or reject an | 20 | | anatomical gift in whole or in part. Subject to the terms of | 21 | | the document of gift and this Act, a person who accepts an | 22 | | anatomical gift of an entire body may allow embalming, burial | 23 | | or cremation, and use of remains in a funeral service. If the | 24 | | gift is of a part, the person to which the part passes under | 25 | | Section 5-12 of this Act, upon the death of the donor and | 26 | | before embalming, burial, or cremation, shall cause the part to |
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| 1 | | be removed without unnecessary mutilation. | 2 | | (h) Neither the physician who attends the decedent at death | 3 | | nor the physician who determines the time of the decedent's | 4 | | death may participate in the procedures for removing or | 5 | | transplanting a part from the decedent. | 6 | | (i) A physician or technician may remove a donated part | 7 | | from the body of a donor that the physician or technician is | 8 | | qualified to remove. | 9 | | (755 ILCS 50/5-50) (was 755 ILCS 50/8.1)
| 10 | | Sec. 5-50. Payment for anatomical gift. | 11 | | (a) Except as provided in
subsection
(b), any person who | 12 | | knowingly pays or offers to pay any financial
consideration to | 13 | | a donor or to any of the persons listed in subsection (b)
of | 14 | | Section 5-5 for making or consenting to an anatomical gift | 15 | | shall
be guilty
of a Class A misdemeanor for the first | 16 | | conviction and a Class 4 felony for
subsequent convictions.
| 17 | | (b) This Section does not prohibit reimbursement for | 18 | | reasonable costs
associated with the removal, processing, | 19 | | preservation, quality control, storage, transportation, | 20 | | implantation, or disposal removal, storage or transportation | 21 | | of a human body or
part thereof pursuant to an anatomical gift | 22 | | executed pursuant to this Act.
| 23 | | (Source: P.A. 93-794, eff. 7-22-04.)
| 24 | | (755 ILCS 50/5-55 new) |
| | | HB2339 Engrossed | - 37 - | LRB098 08840 HEP 38968 b |
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| 1 | | Sec. 5-55. Law governing validity; choice of law as to the | 2 | | execution of document of anatomical gift; presumption of | 3 | | validity. | 4 | | (a) A document of gift is valid if executed in accordance | 5 | | with: | 6 | | (1) this Act; | 7 | | (2) the laws of the state or country where it was | 8 | | executed; or | 9 | | (3) the laws of the state or country where the person | 10 | | making the anatomical gift was domiciled, had a place of | 11 | | residence, or was a national at the time the document of | 12 | | gift was executed. | 13 | | (b) If a document of gift is valid under this Section, the | 14 | | law of this State governs the interpretation of the document of | 15 | | gift. | 16 | | (c) A person may presume that a document of gift or | 17 | | amendment of an anatomical gift is valid unless that person | 18 | | knows that it was not validly executed or was revoked.
| 19 | | (755 ILCS 50/5-10 rep.) | 20 | | (755 ILCS 50/5-30 rep.)
| 21 | | (755 ILCS 50/5-40 rep.) | 22 | | Section 10. The Illinois Anatomical Gift Act is amended by | 23 | | repealing Sections 5-10, 5-30, and 5-40.
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