Full Text of HB2339 98th General Assembly
HB2339enr 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 | | authorize consent to the
donation, and (iii)
maintained such | 15 | | regular contact with the decedent as to be familiar with the
| 16 | | decedent's health
and social history, and religious and moral | 17 | | beliefs. The affidavit must also
state facts and
circumstances | 18 | | that 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 5-12. | 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 | | "Donee" means the individual designated by the donor as the | 13 | | intended recipient or an entity which receives the anatomical | 14 | | gift, including, but not limited to, a hospital; an accredited | 15 | | medical school, dental school, college, or university; an organ | 16 | | procurement organization; an eye bank; a tissue bank; for | 17 | | research or education, a non-transplant anatomic bank; or other | 18 | | appropriate person. | 19 | | "Donor" means an individual whose body or part is the | 20 | | subject of an anatomical gift. who makes a gift of all or parts | 21 | | of his
body.
| 22 | | "Federally designated organ procurement agency" means the | 23 | | organ procurement
agency
designated by the Secretary of the | 24 | | U.S. Department of Health and Human Services
for the
service | 25 | | area in which a hospital is located, or the organ procurement | 26 | | agency
for which the U.S.
Secretary of Health and Human |
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| 1 | | Services has granted the hospital a waiver
pursuant to 42 | 2 | | U.S.C.
1320b-8(a) .
| 3 | | "Hospital" means a hospital licensed, accredited or | 4 | | approved under
the laws of any state; and includes a hospital | 5 | | operated by the United
States government, a state, or a | 6 | | subdivision thereof, although not required
to be licensed under | 7 | | state laws.
| 8 | | "Non-transplant anatomic bank" means any facility or | 9 | | program operating or providing services in this State that is | 10 | | accredited by the American Association of Tissue Banks and that | 11 | | is involved in procuring, furnishing, or distributing whole | 12 | | bodies or parts for the purpose of medical education. For | 13 | | purposes of this Section, a non-transplant anatomic bank | 14 | | operating under the auspices of a hospital, accredited medical | 15 | | school, dental school, college or university, or federally | 16 | | designated organ procurement organization is not required to be | 17 | | accredited by the American Association of Tissue Banks. | 18 | | "Not available" for the giving of consent or refusal means:
| 19 | | (1) the existence of the person is unknown to the hospital | 20 | | administrator or
designee,
organ procurement agency, or tissue | 21 | | bank and is not readily ascertainable
through the
examination | 22 | | of the decedent's hospital records and the questioning of any
| 23 | | persons who are
available for giving consent;
| 24 | | (2) the administrator or designee, organ procurement | 25 | | agency, or tissue bank
has
unsuccessfully attempted to contact | 26 | | the person by telephone or in any other
reasonable manner;
or
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| 1 | | (3) the person is unable or unwilling to respond in a | 2 | | manner that indicates
the person's
refusal or consent.
| 3 | | "Organ" means a human kidney, liver, heart, lung, pancreas, | 4 | | small bowel, or
other
transplantable vascular body part as | 5 | | determined by the Organ Procurement and
Transplantation
| 6 | | Network, as periodically selected by the U.S. Department of | 7 | | Health and Human
Services.
| 8 | | "Organ procurement organization" means the organ | 9 | | procurement organization designated by the Secretary of the | 10 | | U.S. Department of Health and Human Services for the service | 11 | | area in which a hospital is located, or the organ procurement | 12 | | organization for which the Secretary of the U.S. Department of | 13 | | Health and Human Services has granted the hospital a waiver | 14 | | pursuant to 42 U.S.C. 1320b-8(a). | 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 | | "Procurement organization" means an organ procurement |
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| 1 | | organization or a tissue bank. | 2 | | "Reasonably available for the giving of consent or refusal" | 3 | | means being able to be contacted by a procurement organization | 4 | | without undue effort and being willing and able to act in a | 5 | | timely manner consistent with existing medical criteria | 6 | | necessary for the making of an anatomical gift. | 7 | | "Recipient" means an individual into whose body a donor's | 8 | | part has been or is intended to be transplanted. | 9 | | "State" includes any state, district, commonwealth, | 10 | | territory,
insular possession, and any other area subject to | 11 | | the legislative authority
of the United States of America.
| 12 | | "Technician" means an individual trained and certified to | 13 | | remove
tissue, by a recognized medical training institution in | 14 | | the State of
Illinois.
| 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 | | "Tissue bank" means any facility or program operating in | 19 | | Illinois that is
accredited certified by
the American | 20 | | Association of Tissue Banks, the Eye Bank Association of | 21 | | America,
or the
Association of Organ Procurement Organizations | 22 | | and is involved in procuring,
furnishing,
donating, or | 23 | | distributing corneas, bones, or other human tissue for the | 24 | | purpose
of injecting,
transfusing, or transplanting any of them | 25 | | into the human body or for the purpose of research or | 26 | | education . "Tissue bank"
does not include
a licensed blood |
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| 1 | | bank. For the purposes of this Act, "tissue" does not include
| 2 | | organs or blood or
blood products.
| 3 | | (Source: P.A. 93-794, eff. 7-22-04 .)
| 4 | | (755 ILCS 50/5-5) (was 755 ILCS 50/3)
| 5 | | Sec. 5-5. Persons who
may execute an anatomical gift.
| 6 | | (a) An anatomical gift of a donor's body or part that is to | 7 | | be carried out upon the donor's death may be made during the | 8 | | life of the donor for the purpose of transplantation, therapy, | 9 | | research, or education by: | 10 | | (1) the donor, if the donor is an adult or if the donor | 11 | | is an emancipated minor; | 12 | | (2) an agent of the donor, unless the power of attorney | 13 | | for health care or other record prohibits the agent from | 14 | | making an anatomical gift; | 15 | | (3) a parent of the donor, if the donor is an | 16 | | unemancipated minor; or | 17 | | (4) the donor's guardian. | 18 | | Any individual of sound mind who has attained the age of 18 | 19 | | may give all
or
any
part of his or her body for any purpose | 20 | | specified in Section 5-10.
Such
a gift may be executed in any | 21 | | of the ways set out in Section
5-20, and shall take
effect upon | 22 | | the individual's death without the need to obtain the
consent | 23 | | of any survivor. An anatomical gift made by an agent of an
| 24 | | individual, as authorized by the individual under the Powers of | 25 | | Attorney
for Health Care Law, as now or hereafter amended, is |
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| 1 | | deemed to be a gift by
that individual and takes effect without | 2 | | the need to obtain the consent of
any other person.
| 3 | | (b) If no gift has been executed under subsection (a), an | 4 | | anatomical gift of a decedent's body or part for the purpose of | 5 | | transplantation, therapy, research, or education may be made at | 6 | | the time of the decedent's death, or when death is imminent, by | 7 | | a member of the following classes of persons who is reasonably | 8 | | available for the giving of authorization or refusal, in the | 9 | | order of priority listed any of the
following persons, in
the | 10 | | order of priority stated in items (1) through (11) below , when
| 11 | | persons
in prior classes are not available for the giving of | 12 | | authorization consent or refusal and
in the absence of (i) | 13 | | actual notice
of contrary intentions by the decedent and (ii) | 14 | | actual notice of opposition
by any member within the same | 15 | | priority class, may consent to give all or
any part
of the | 16 | | decedent's
body after or immediately before death to a person | 17 | | who may become a donee
for any purpose specified in Section | 18 | | 5-10 :
| 19 | | (1) an individual acting as the decedent's agent under | 20 | | a
power of attorney for health
care ; ,
| 21 | | (2) the guardian of the person of the decedent; | 22 | | (3) the spouse or civil union partner of the decedent; | 23 | | (4) an adult child of the decedent; | 24 | | (5) a parent of the decedent; | 25 | | (6) an adult sibling of the decedent; | 26 | | (7) an adult grandchild of the decedent; |
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| 1 | | (8) a grandparent of the decedent; | 2 | | (9) a close friend of the decedent; | 3 | | (10) the guardian of the estate of the decedent; and | 4 | | (2) the decedent's surrogate decision maker identified | 5 | | by the attending
physician in accordance with the Health | 6 | | Care Surrogate Act,
| 7 | | (3) the guardian of the decedent's person at the time | 8 | | of death,
| 9 | | (4) the decedent's spouse,
| 10 | | (5)
any of the decedent's adult sons or daughters,
| 11 | | (6) either of the decedent's parents,
| 12 | | (7) any of the decedent's adult brothers or sisters,
| 13 | | (8) any adult grandchild of the decedent,
| 14 | | (9) a close friend of the decedent,
| 15 | | (10) the guardian of the decedent's estate,
| 16 | | (11) any other person authorized or under legal
| 17 | | obligation to dispose of
the body.
| 18 | | If the donee has actual notice of opposition to the gift by | 19 | | the decedent
or any person in the highest priority class in | 20 | | which an available person
can be found, then no gift of all or | 21 | | any part of the decedent's body shall be
accepted.
| 22 | | (b-5) If there is more than one member of a class listed in | 23 | | item (2), (4), (5), (6), or (7) of subsection (b) of this | 24 | | Section entitled to make an anatomical gift, an anatomical gift | 25 | | may be made by a member of the class unless that member or a | 26 | | person to which the gift may pass under Section 5-12 knows of |
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| 1 | | an objection by another member of the class. If an objection is | 2 | | known, the gift may be made only by a majority of the members | 3 | | of the class who are reasonably available for the giving of | 4 | | authorization or refusal. | 5 | | (b-10) A person may not make an anatomical gift if, at the | 6 | | time of the decedent's death, a person in a higher priority | 7 | | class under subsection (b) of this Section is reasonably | 8 | | available for the giving of authorization or refusal. | 9 | | (c) A gift of all or part of a body authorizes any blood or | 10 | | tissue test or minimally invasive examination
necessary
to | 11 | | assure medical acceptability of the gift for the purposes | 12 | | intended.
The hospital shall, to the extent possible and in | 13 | | accordance with any agreement with the organ procurement | 14 | | organization or tissue bank, take measures necessary to | 15 | | maintain the medical suitability of the part until the | 16 | | procurement organization has had the opportunity to advise the | 17 | | applicable persons as set forth in this Act of the option to | 18 | | make an anatomical gift or has ascertained that the individual | 19 | | expressed a contrary intent and has so informed the hospital. | 20 | | The results of tests and examinations under this subsection | 21 | | shall be used or disclosed only for purposes of evaluating | 22 | | medical suitability for donation, to facilitate the donation | 23 | | process, and as required or permitted by existing law.
| 24 | | (d) The rights of the donee created by the gift are | 25 | | paramount to
the
rights of others except as provided by Section | 26 | | 5-45(d).
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| 1 | | (e) If no gift has been executed under this Act, then no
| 2 | | part of the
decedent's body may be used for any purpose | 3 | | specified in this
Act.
| 4 | | (Source: P.A. 92-349, eff. 1-1-02; 93-794, eff. 7-22-04.)
| 5 | | (755 ILCS 50/5-7 new) | 6 | | Sec. 5-7. Preclusive effect of anatomical gift, amendment, | 7 | | or revocation. | 8 | | (a) Subject to subsection (f) of this Section, in the | 9 | | absence of an express, contrary indication by the donor, a | 10 | | person other than the donor is barred from changing, amending, | 11 | | or revoking an anatomical gift of a donor's body or part if the | 12 | | donor made an anatomical gift of the donor's body or part under | 13 | | Section 5-20 or an amendment to an anatomical gift of the | 14 | | donor's body or part under Section 5-42. | 15 | | (b) A donor's revocation of an anatomical gift of the | 16 | | donor's body or part under Section 5-42 is not a refusal and | 17 | | does not bar another person specified in subsection (a) or (b) | 18 | | of Section 5-5 from making an anatomical gift of the donor's | 19 | | body or part under subsection (a), (b), (e), or (e-5) of | 20 | | Section 5-20. | 21 | | (c) If a person other than the donor makes an unrevoked | 22 | | anatomical gift of the donor's body or part under subsection | 23 | | (a) or (b) of Section 5-20, or an amendment to an anatomical | 24 | | gift of the donor's body or part under Section 5-42, another | 25 | | person may not make, amend, or revoke the gift of the donor's |
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| 1 | | body or part under subsection (e) or (e-5) of Section 5-20. | 2 | | (d) In the absence of an express, contrary indication by | 3 | | the donor or other person authorized to make an anatomical | 4 | | gift, a revocation of an anatomical gift of a donor's body or | 5 | | part under Section 5-42 by a person other than the donor does | 6 | | not bar another person from making an anatomical gift of the | 7 | | body or part under subsection (a), (b), (e), or (e-5) of | 8 | | Section 5-20. | 9 | | (e) In the absence of an express, contrary indication by | 10 | | the donor or other person authorized to make an anatomical gift | 11 | | under subsection (a) of Section 5-5, an anatomical gift of a | 12 | | part is neither a refusal to give another part nor a limitation | 13 | | on the making of an anatomical gift of another part at a later | 14 | | time by the donor or another person. | 15 | | (f) In the absence of an express, contrary indication by | 16 | | the donor or other person authorized to make an anatomical gift | 17 | | under subsection (a) of Section 5-5, an anatomical gift of a | 18 | | part for one or
more of the purposes set forth in subsection | 19 | | (a) of Section 5-5 is not a limitation on the making of an | 20 | | anatomical gift of the part for any of the other purposes by | 21 | | the donor or any other person under subsection (a), (b), (b-5), | 22 | | (b-10), (e), or (e-5) of Section 5-20. | 23 | | (755 ILCS 50/5-12 new) | 24 | | Sec. 5-12. Persons who may receive an anatomical gift; | 25 | | purpose of anatomical gift. |
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| 1 | | (a) An anatomical gift may be made to the following persons | 2 | | named in the document of gift: | 3 | | (1) for research or education, a hospital; an | 4 | | accredited medical school, dental school, college, or | 5 | | university; an organ procurement organization; or other | 6 | | appropriate person; | 7 | | (2) subject to subsection (b) of this Section, an | 8 | | individual designated by the person making the anatomical | 9 | | gift if the individual is the recipient of the part; | 10 | | (3) an eye bank or tissue bank; or | 11 | | (4) for research or education, a non-transplant | 12 | | anatomic bank. | 13 | | (b) If an anatomical gift to an individual under item (2) | 14 | | of subsection (a) of this Section cannot be transplanted into | 15 | | the individual, the part passes in accordance with subsection | 16 | | (g) of this Section unless there is an express, contrary | 17 | | indication by the person making the anatomical gift. | 18 | | (c) If an anatomical gift of one or more specific parts or | 19 | | of all parts is made in a document of gift that does not name a | 20 | | person described in subsection (a) of this Section, but | 21 | | identifies the purpose for which an anatomical gift may be | 22 | | used, the following rules apply: | 23 | | (1) If the part is an eye and the gift is for the | 24 | | purpose of transplantation or therapy, the gift passes to | 25 | | the appropriate eye bank. | 26 | | (2) If the part is tissue and the gift is for the |
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| 1 | | purpose of transplantation or therapy, the gift passes to | 2 | | the appropriate tissue bank. | 3 | | (3) If the part is an organ and the gift is for the | 4 | | purpose of transplantation or therapy, the gift passes to | 5 | | the appropriate organ procurement organization as | 6 | | custodian of the organ. | 7 | | (4) If the part is an organ, an eye, or tissue and the | 8 | | gift is for the purpose of research or education, the gift | 9 | | passes to the appropriate procurement organization. | 10 | | (d) For the purpose of subsection (c) of this Section, if | 11 | | there is more than one purpose of an anatomical gift set forth | 12 | | in the document of gift but the purposes are not set forth in | 13 | | any priority, and if the gift cannot be used for | 14 | | transplantation or therapy, the gift may be used for research | 15 | | or education. | 16 | | (e) If an anatomical gift of one or more specific parts is | 17 | | made in a document of gift that does not name a person | 18 | | described in subsection (a) of this Section and does not | 19 | | identify the purpose of the gift, the gift may be used only for | 20 | | transplantation or therapy or research, and the gift passes in | 21 | | accordance with subsection (g) of this Section. | 22 | | (f) If a document of gift specifies only a general intent | 23 | | to make an anatomical gift by words such as "donor", "organ | 24 | | donor", or "body donor", or by a symbol or statement of similar | 25 | | import, the gift may be used only for transplantation or | 26 | | therapy or research, and the gift passes in accordance with |
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| 1 | | subsection (g) of this Section. | 2 | | (g) For purposes of subsections (b), (e), and (f) of this | 3 | | Section, the following rules apply: | 4 | | (1) If the part is an eye, the gift passes to the | 5 | | appropriate eye bank. | 6 | | (2) If the part is tissue, the gift passes to the | 7 | | appropriate tissue bank. | 8 | | (3) If the part is an organ, the gift passes to the | 9 | | appropriate organ procurement organization as custodian of | 10 | | the organ. | 11 | | (h) An anatomical gift of an organ for transplantation or | 12 | | therapy, other than an anatomical gift under item (2) of | 13 | | subsection (a) of this Section, passes to the organ procurement | 14 | | organization as custodian of the organ. | 15 | | (i) If an anatomical gift does not pass under this Section | 16 | | or the decedent's body or part is not used for transplantation, | 17 | | therapy, research, or education, custody of the body or part | 18 | | passes to the person under obligation to dispose of the body or | 19 | | part. | 20 | | (j) A person may not accept an anatomical gift if the | 21 | | person knows that the gift was not effectively made under | 22 | | Section 5-5 or subsection (e) or (e-5) of Section 5-20 or if | 23 | | the person knows that the decedent made a refusal under Section | 24 | | 5-43 that was not revoked. | 25 | | (k) Except as otherwise provided in item (2) of subsection | 26 | | (a) of this Section, nothing in this Act affects the allocation |
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| 1 | | of organs for transplantation or therapy. | 2 | | (755 ILCS 50/5-15) (was 755 ILCS 50/4.5)
| 3 | | Sec. 5-15. Disability of recipient.
| 4 | | (a) No hospital, physician and surgeon, procurement | 5 | | organization bank or storage facility , or other
person shall | 6 | | determine the ultimate recipient of an anatomical gift based | 7 | | upon
a potential recipient's physical or mental disability, | 8 | | except to the extent
that the physical or mental disability has | 9 | | been found by a physician and
surgeon, following a case-by-case | 10 | | evaluation of the potential recipient, to be
medically | 11 | | significant to the provision of the anatomical
gift.
| 12 | | (b) Subsection (a) shall apply to each part of the organ | 13 | | transplant process.
| 14 | | (c) The court shall accord priority on its calendar and | 15 | | handle
expeditiously any action brought to seek any remedy | 16 | | authorized by law for
purposes of enforcing compliance with | 17 | | this Section.
| 18 | | (d) This Section shall not be deemed to require referrals | 19 | | or
recommendations for or the performance of medically | 20 | | inappropriate organ
transplants.
| 21 | | (e) As used in this Section "disability" has the same | 22 | | meaning as in the
federal Americans with Disabilities Act of | 23 | | 1990 (42 U.S.C. 12101 et seq.,
Public Law 101-336) as may be | 24 | | amended from time to time.
| 25 | | (Source: P.A. 93-794, eff. 7-22-04.)
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| 1 | | (755 ILCS 50/5-20) (was 755 ILCS 50/5)
| 2 | | Sec. 5-20. Manner of Executing Anatomical Gifts.
| 3 | | (a) A donor may make an anatomical gift: | 4 | | (1) by authorizing a statement or symbol indicating | 5 | | that the donor has made an anatomical gift to be imprinted | 6 | | on the donor's driver's license or identification card; | 7 | | (2) in a will; | 8 | | (3) during a terminal illness or injury of the donor, | 9 | | by any form of communication addressed to at least 2 | 10 | | adults, at least one of whom is a disinterested witness; or | 11 | | (4) as provided in subsection (b) of this Section. | 12 | | A gift of all or part of the body under Section 5-5 (a) may | 13 | | be
made
by will. The gift becomes effective upon the death of | 14 | | the testator without
waiting for probate. If the will is not | 15 | | probated, or if it is declared
invalid for testamentary | 16 | | purposes, the gift, to the extent that it has been
acted upon | 17 | | in good faith, is nevertheless valid and effective.
| 18 | | (b) A donor or other person authorized to make an | 19 | | anatomical gift under subsection (a) of Section 5-5 may make a | 20 | | gift by a donor card or other record signed by the donor or | 21 | | other person making the gift or by authorizing that a statement | 22 | | or symbol indicating that the donor has made an anatomical gift | 23 | | be included on a donor registry. If the donor or other person | 24 | | is physically unable to sign a record, the record may be signed | 25 | | by another individual at the direction of the donor or other |
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| 1 | | person and must: | 2 | | (1) be witnessed by at least 2 adults, at least one of | 3 | | whom is a disinterested witness, who have signed at the | 4 | | request of the donor or the other person; and | 5 | | (2) state that it has been signed and witnessed as | 6 | | provided in paragraph (1) of this subsection (b). | 7 | | A gift of all or part of the body under Section 5-5 (a) may
| 8 | | also be
made by a written, signed document other than a will. | 9 | | The gift becomes
effective upon the death of the donor. The | 10 | | document, which may be a card
or a valid driver's license | 11 | | designed to be carried on the person, is effective without | 12 | | regard to the presence or signature of witnesses.
Such a gift | 13 | | may also be made by properly executing the form provided by
the | 14 | | Secretary of State on the reverse side of the donor's driver's | 15 | | license
pursuant to subsection (b) of Section 6-110 of The | 16 | | Illinois Vehicle Code.
Delivery of the document of gift during | 17 | | the donor's lifetime is not
necessary to make the gift valid.
| 18 | | (b-1) A gift under Section 5-5 (a) may also be made by an | 19 | | individual consenting to have his or her name included in the | 20 | | First Person Consent organ and tissue donor registry maintained | 21 | | by the Secretary of State under Section 6-117 of the Illinois | 22 | | Vehicle Code. An individual's consent to have his or her name | 23 | | included in the First Person Consent organ and tissue donor | 24 | | registry constitutes full legal authority for the donation of | 25 | | any of his or her organs or tissue for purposes of | 26 | | transplantation, therapy, or research . Consenting to be |
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| 1 | | included in the First Person Consent organ and tissue donor | 2 | | registry is effective without regard to the presence or | 3 | | signature of witnesses.
| 4 | | (b-5) Revocation, suspension, expiration, or cancellation | 5 | | of a driver's license or identification card upon which an | 6 | | anatomical gift is indicated does not invalidate the gift. | 7 | | (b-10) An anatomical gift made by will takes effect upon | 8 | | the donor's death whether or not the will is probated. | 9 | | Invalidation of the will after the donor's death does not | 10 | | invalidate the gift. | 11 | | (c) The anatomical gift may be made to a specified donee or | 12 | | without specifying a
donee. If the latter, the gift may be | 13 | | accepted by the attending physician
as donee upon or following | 14 | | death. If the gift is made to a specified donee
who is not | 15 | | available at the time and place of death, then if made for the
| 16 | | purpose of transplantation, it shall be effectuated in | 17 | | accordance with Section
5-25 , and if made for any other purpose | 18 | | the attending
physician upon or following death, in the absence | 19 | | of any expressed
indication that the donor desired otherwise, | 20 | | may accept the gift as donee .
| 21 | | (d) The donee or other person authorized to accept the gift | 22 | | pursuant to Section 5-12
may employ or authorize any qualified | 23 | | technician, surgeon, or physician to perform the recovery. | 24 | | Notwithstanding Section 5-45 (b), the donor may designate in
| 25 | | his will,
card, or other document of gift the surgeon or | 26 | | physician to carry out the
appropriate procedures. In the |
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| 1 | | absence of a designation or if the designee
is not available, | 2 | | the donee or other person authorized to accept the gift
may | 3 | | employ or authorize any surgeon or physician for the purpose.
| 4 | | (e) A person authorized to make an anatomical gift under | 5 | | subsection (b) of Section 5-5 may make an anatomical gift by a | 6 | | document of gift signed by the person making the gift or by | 7 | | that person's oral communication that is electronically | 8 | | recorded or is contemporaneously reduced to a record and signed | 9 | | by the individual receiving the oral communication. Any gift by | 10 | | a person designated in Section 5-5 (b) shall be
made by a
| 11 | | document signed by him or made by his telegraphic, recorded | 12 | | telephonic, or
other recorded message.
| 13 | | (e-5) An anatomical gift by a person authorized under | 14 | | subsection (b) of Section 5-5 may be amended or revoked orally | 15 | | or in a record by a member of a prior class who is reasonably | 16 | | available for the giving of authorization or refusal. If more | 17 | | than one member of the prior class is reasonably available for | 18 | | the giving of authorization or refusal, the gift made by a | 19 | | person authorized under subsection (b) of Section 5-5 may be: | 20 | | (1) amended only if a majority of the class members | 21 | | reasonably available for the giving of authorization or | 22 | | refusal agree to the amending of the gift; or | 23 | | (2) revoked only if a majority of the class members | 24 | | reasonably available for the giving of authorization or | 25 | | refusal agree to the revoking of the gift or if they are | 26 | | equally divided as to whether to revoke the gift. |
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| 1 | | (e-10) A revocation under subsection (e-5) is effective | 2 | | only if, before an incision has been made to remove a part from | 3 | | the donor's body or before invasive procedures have been | 4 | | commenced to prepare the recipient, the procurement | 5 | | organization, non-transplant anatomic bank, transplant | 6 | | hospital, or physician or technician knows of the revocation. | 7 | | (f) When there is a suitable candidate for organ donation | 8 | | and a donation or consent to donate has not yet been given, | 9 | | procedures to preserve the decedent's body for possible organ | 10 | | and tissue donation may be implemented under the authorization | 11 | | of the applicable organ procurement organization agency , at its | 12 | | own expense, prior to making a donation request pursuant to | 13 | | Section 5-25. If the organ procurement organization agency does | 14 | | not locate a person authorized to consent to donation or | 15 | | consent to donation is denied, then procedures to preserve the | 16 | | decedent's body shall be ceased and no donation shall be made. | 17 | | The organ procurement organization agency shall respect the | 18 | | religious tenets of the decedent, if known, such as a pause | 19 | | after death, before initiating preservation services. Nothing | 20 | | in this Section shall be construed to authorize interference | 21 | | with the coroner in carrying out an investigation or autopsy.
| 22 | | (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06; 94-920, | 23 | | eff. 1-1-07.)
| 24 | | (755 ILCS 50/5-25)
| 25 | | Sec. 5-25. Notification; authorization consent . |
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| 1 | | (a) Each hospital in this State shall enter into agreements | 2 | | or affiliations with procurement organizations for | 3 | | coordination of procurement and use of anatomical gifts. When, | 4 | | based upon generally accepted medical standards, an inpatient | 5 | | in a
general acute care hospital with more than 100 beds is a | 6 | | suitable candidate for
organ or tissue
donation and the patient | 7 | | has not made an anatomical gift of all or any part of
his or her | 8 | | body
pursuant to Section 5-20 of this Act, the hospital | 9 | | (b) Hospitals shall proceed in accordance
with the | 10 | | applicable
requirements of 42 CFR 482.45 or any successor | 11 | | provisions of federal statute or
regulation, as may
be amended | 12 | | from time to time, with regard to collaboration with | 13 | | procurement organizations to facilitate organ, tissue, and eye | 14 | | donation and the written agreement between the hospital
and
the | 15 | | applicable
organ procurement agency executed thereunder .
| 16 | | (b) In making a request for organ or tissue donation, the | 17 | | hospital or the
hospital's
federally designated organ | 18 | | procurement organization agency or tissue bank shall request | 19 | | any
of the
following persons, in the order of priority stated | 20 | | in items (1) through (11)
below, when persons
in prior classes | 21 | | are not available and in the absence of (i) actual notice of
| 22 | | contrary intentions
by the decedent, (ii) actual notice of | 23 | | opposition by any member within the same
priority class,
and | 24 | | (iii) reason to believe that an anatomical gift is contrary to | 25 | | the
decedent's religious beliefs,
to authorize consent to the | 26 | | gift of all or any part of the decedent's body for any
purpose |
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| 1 | | specified in Section 5-12
5-10 of this Act :
| 2 | | (1) an individual acting as the decedent's agent under | 3 | | a power of attorney
for
health care;
| 4 | | (2) the guardian of the person of the decedent; | 5 | | (3) the spouse or civil union partner of the decedent; | 6 | | (4) an adult child of the decedent; | 7 | | (5) a parent of the decedent; | 8 | | (6) an adult sibling of the decedent; | 9 | | (7) an adult grandchild of the decedent; | 10 | | (8) a grandparent of the decedent; | 11 | | (9) a close friend of the decedent; | 12 | | (10) the guardian of the estate of the decedent; and | 13 | | (2) the decedent's surrogate decision maker identified | 14 | | by the attending
physician in
accordance with the Health | 15 | | Care Surrogate Act;
| 16 | | (3) the guardian of the decedent's person at the time | 17 | | of death;
| 18 | | (4) the decedent's spouse;
| 19 | | (5) any of the decedent's adult sons or daughters;
| 20 | | (6) either of the decedent's parents;
| 21 | | (7) any of the decedent's adult brothers or sisters;
| 22 | | (8) any adult grandchild of the decedent;
| 23 | | (9) a close friend of the decedent;
| 24 | | (10) the guardian of the decedent's estate; or
| 25 | | (11) any other person authorized or under legal | 26 | | obligation to dispose of
the
body.
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| 1 | | (c) (Blank). If (1) the hospital, the applicable organ | 2 | | procurement agency, or the
tissue bank
has actual notice of | 3 | | opposition to the gift by the decedent or any person in
the | 4 | | highest priority
class in which an available person can be | 5 | | found, or (2) there is reason to
believe that an
anatomical | 6 | | gift is contrary to the decedent's religious beliefs, or (3) | 7 | | the
Director of Public
Health has adopted a rule signifying his | 8 | | or her determination that the need for
organs and tissues
for | 9 | | donation has been adequately met, then the gift of all or any | 10 | | part of the
decedent's body
shall not be requested. If a | 11 | | donation is requested, consent or refusal may
be obtained
only | 12 | | from the person or persons in the highest priority class | 13 | | available. If the
hospital
administrator, or his or her | 14 | | designated representative, the designated organ
procurement
| 15 | | agency, or the tissue bank is unable to obtain consent from any | 16 | | of the persons
named in items (1) through (11) of subsection | 17 | | (b) of this Section, the
decedent's body shall not be used for | 18 | | an
anatomical gift unless a valid anatomical gift document was | 19 | | executed under this
Act.
| 20 | | (d) (Blank). When there is a suitable candidate for organ | 21 | | donation, as described in
subsection (a), or if consent to | 22 | | remove organs and tissues is granted, the
hospital shall
notify | 23 | | the
applicable federally designated organ procurement agency. | 24 | | The federally
designated organ
procurement agency shall notify | 25 | | any tissue bank specified by the hospital of
the suitable
| 26 | | candidate for tissue donation. The organ procurement agency |
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| 1 | | shall collaborate
with all
tissue banks in Illinois to maximize | 2 | | tissue procurement in a timely manner.
| 3 | | (Source: P.A. 93-794, eff. 7-22-04.)
| 4 | | (755 ILCS 50/5-27) (was 755 ILCS 60/3.5)
| 5 | | Sec. 5-27. Notification of patient; family rights and | 6 | | options after circulatory death . | 7 | | (a) In this Section, "donation after circulatory cardiac | 8 | | death" means the donation of organs from a ventilated patient | 9 | | whose death is declared based upon cardiopulmonary, and not | 10 | | neurological, criteria, following the implementation of the | 11 | | decision to withdraw life support without a certification of | 12 | | brain death and with a do-not-resuscitate order, if a decision | 13 | | has been reached by the physician and the family to withdraw | 14 | | life support and if the donation does not occur until after the | 15 | | declaration of cardiac death . | 16 | | (b) If (i) a potential organ donor, or an individual given | 17 | | authority under subsection (b) of Section 5-25 to consent to an | 18 | | organ donation, expresses an interest in organ donation, (ii) | 19 | | there has not been a certification of brain death for the | 20 | | potential donor, and (iii) the potential donor is a patient at | 21 | | a hospital that does not allow donation after circulatory | 22 | | cardiac death, then the organ procurement organization agency | 23 | | shall inform the patient or the individual given authority to | 24 | | consent to organ donation that the hospital does not allow | 25 | | donation after circulatory cardiac death.
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| 1 | | (c) In addition to providing oral notification, the organ | 2 | | procurement organization agency shall develop a written form | 3 | | that indicates to the patient or the individual given authority | 4 | | to consent to organ donation, at a minimum, the following | 5 | | information:
| 6 | | (1) That the patient or the individual given authority | 7 | | to consent to organ donation has received literature and | 8 | | has been counseled by (representative's name) of the (organ | 9 | | procurement organization agency name). | 10 | | (2) That all organ donation options have been explained | 11 | | to the patient or the individual given authority to consent | 12 | | to organ donation, including the option of donation after | 13 | | circulatory cardiac death. | 14 | | (3) That the patient or the individual given authority | 15 | | to consent to organ donation is aware that the hospital | 16 | | where the potential donor is a patient does not allow | 17 | | donation after circulatory cardiac death.
| 18 | | (4) That the patient or the individual given authority | 19 | | to consent to organ donation has been informed of the right | 20 | | to request a patient transfer to a facility allowing | 21 | | donation after circulatory cardiac death. | 22 | | (5) That the patient or the individual given authority | 23 | | to consent to organ donation has been informed of another | 24 | | hospital that will allow donation after circulatory | 25 | | cardiac death and will accept a patient transfer for the | 26 | | purpose of donation after circulatory cardiac death; and |
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| 1 | | that the cost of transferring the patient to that other | 2 | | hospital will be covered by the organ procurement | 3 | | organization agency , with no additional cost to the patient | 4 | | or the individual given authority to consent to organ | 5 | | donation. | 6 | | The form required under this subsection must include a | 7 | | place for the signatures of the patient or the individual given | 8 | | authority to consent to organ donation and the representative | 9 | | of the organ procurement organization agency and space to | 10 | | provide the date that the form was signed.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 12 | | (755 ILCS 50/5-35) (was 755 ILCS 50/6)
| 13 | | Sec. 5-35. Delivery of
document of anatomical gift not | 14 | | required; right to examine Document of Gift .
| 15 | | (a) A document of gift need not be delivered during the | 16 | | donor's lifetime to be effective. | 17 | | (b) Upon or after an individual's death, a person in | 18 | | possession of a document of gift or a refusal to make an | 19 | | anatomical gift with respect to the individual shall allow | 20 | | examination and copying of the document of gift or refusal by a | 21 | | person authorized to make or object to the making of an | 22 | | anatomical gift with respect to the individual or by a person | 23 | | to which the gift could pass under Section 5-12. | 24 | | If the gift is made by the donor to a specified donee, the | 25 | | will, card,
or other document, or an executed copy thereof, may |
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| 1 | | be delivered to the
donee to expedite the appropriate | 2 | | procedures immediately after death.
Delivery is not necessary | 3 | | to the validity of the gift. The will, card, or
other document, | 4 | | or an executed copy thereof, may be deposited in any
hospital, | 5 | | bank or storage facility, or registry office that accepts it | 6 | | for
safekeeping or for facilitation of procedures after death. | 7 | | On request of
any interested party upon or after the donor's | 8 | | death, the person in
possession shall produce the document for | 9 | | examination.
| 10 | | (Source: P.A. 93-794, eff. 7-22-04.)
| 11 | | (755 ILCS 50/5-42 new) | 12 | | Sec. 5-42. Amending or revoking anatomical gift before | 13 | | donor's death. | 14 | | (a) Subject to Section 5-7, a donor or other person | 15 | | authorized to make an anatomical gift under subsection (a) of | 16 | | Section 5-5 may amend or revoke an anatomical gift by: | 17 | | (1) a record signed by: | 18 | | (A) the donor; | 19 | | (B) the other authorized person; or | 20 | | (C) subject to subsection (b) of this Section, | 21 | | another individual acting at the direction of the donor | 22 | | or the other person if the donor or other person is | 23 | | physically unable to sign; or | 24 | | (2) a later-executed document of gift that amends or | 25 | | revokes a previous anatomical gift or portion of an |
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| 1 | | anatomical gift, either expressly or by inconsistency. | 2 | | (b) A record signed under subdivision (a)(1)(C) of this | 3 | | Section must: | 4 | | (1) be witnessed by at least 2 adults, at least one of | 5 | | whom is a disinterested witness, who have signed at the | 6 | | request of the donor or the other person; and | 7 | | (2) state that it has been signed and witnessed as | 8 | | provided in paragraph (1) of this subsection (b). | 9 | | (c) Subject to Section 5-7, a donor or other person | 10 | | authorized to make an anatomical gift under subsection (a) of | 11 | | Section 5-5 may revoke an anatomical gift by the destruction or | 12 | | cancellation of the document of gift, or the portion of the | 13 | | document of gift used to make the gift, with the intent to | 14 | | revoke the gift. | 15 | | (d) A donor may amend or revoke an anatomical gift that was | 16 | | not made in a will by any form of communication during a | 17 | | terminal illness or injury addressed to at least 2 adults, at | 18 | | least one of whom is a disinterested witness. | 19 | | (e) A donor who makes an anatomical gift in a will may | 20 | | amend or revoke the gift in the manner provided for amendment | 21 | | or revocation of wills or as provided in subsection (a) of this | 22 | | Section. | 23 | | (755 ILCS 50/5-43 new) | 24 | | Sec. 5-43. Refusal to make anatomical gift; effect of | 25 | | refusal. |
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| 1 | | (a) An individual may refuse to make an anatomical gift of | 2 | | the individual's body or part by: | 3 | | (1) a record signed by: | 4 | | (A) the individual; or | 5 | | (B) subject to subsection (b) of this Section, | 6 | | another individual acting at the direction of the | 7 | | individual if the individual is physically unable to | 8 | | sign; | 9 | | (2) the individual's will, whether or not the will is | 10 | | admitted to probate or invalidated after the individual's | 11 | | death; or | 12 | | (3) any form of communication made by the individual | 13 | | during the individual's terminal illness or injury | 14 | | addressed to at least 2 adults, at least one of whom is a | 15 | | disinterested witness. | 16 | | (b) A record signed under subdivision (a)(1)(B) of this | 17 | | Section must: | 18 | | (1) be witnessed by at least 2 adults, at least one of | 19 | | whom is a disinterested witness, who have signed at the | 20 | | request of the individual; and | 21 | | (2) state that it has been signed and witnessed as | 22 | | provided in paragraph (1) of this subsection (b). | 23 | | (c) An individual who has made a refusal may amend or | 24 | | revoke the refusal: | 25 | | (1) in the manner provided in subsection (a) of this | 26 | | Section for making a refusal; |
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| 1 | | (2) by subsequently making an anatomical gift under | 2 | | subsection (a), (b), (b-5), or (b-10) of Section 5-20 that | 3 | | is inconsistent with the refusal; or | 4 | | (3) by destroying or canceling the record evidencing | 5 | | the refusal, or the portion of the record used to make the | 6 | | refusal, with the intent to revoke the refusal. | 7 | | (d) In the absence of an express, contrary indication by | 8 | | the individual set forth in the refusal, an individual's | 9 | | unrevoked refusal to make an anatomical gift of the | 10 | | individual's body or part bars all other persons from making an | 11 | | anatomical gift of the individual's body or part. | 12 | | (755 ILCS 50/5-45) (was 755 ILCS 50/8) | 13 | | Sec. 5-45. Rights and Duties at Death.
| 14 | | (a) The donee may accept or
reject
the anatomical gift. If | 15 | | the donee accepts a gift of the entire body, he may, subject
to | 16 | | the terms of the gift, authorize embalming and the use of the | 17 | | body in
funeral services, unless a person named in subsection | 18 | | (b) of Section 5-5
has requested, prior to the final | 19 | | disposition by the donee, that the remains
of said body be | 20 | | returned to his or her custody for the purpose of final
| 21 | | disposition. Such request shall be honored by the donee if the | 22 | | terms of
the gift are silent on how final disposition is to | 23 | | take place. If the
gift is of a part of the body, the donee or | 24 | | technician designated by him
upon the death of the donor and | 25 | | prior to embalming, shall cause the part to
be removed without |
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| 1 | | unnecessary mutilation and without undue delay in the
release | 2 | | of the body for the purposes of final disposition. After | 3 | | removal of
the part, custody of the remainder of the body vests | 4 | | in the surviving
spouse, next of kin, or other persons under | 5 | | obligation to dispose of the
body, in the order of or priority | 6 | | listed in subsection (b) of Section 5-5 of this Act .
| 7 | | (b) The time of death shall be determined by a physician | 8 | | who attends the
donor at his death, or, if none, the physician | 9 | | who certifies the death. The
physician shall not participate in | 10 | | the procedures for removing or
transplanting a part.
| 11 | | (c) A person who acts or attempts in good faith to act in | 12 | | accordance with this Act, the Illinois Vehicle Code, the AIDS | 13 | | Confidentiality Act, or the applicable anatomical gift law of | 14 | | another state is not liable for the act in a civil action, | 15 | | criminal prosecution, or administrative proceeding. Neither | 16 | | the person making an anatomical gift nor the donor's estate is | 17 | | liable for any injury or damage that results from the making or | 18 | | use of the gift. In determining whether an anatomical gift has | 19 | | been made, amended, or revoked under this Act, a person may | 20 | | rely upon representations of an individual listed in item (2), | 21 | | (3), (4), (5), (6), (7), or (8) of subsection (b) of Section | 22 | | 5-5 relating to the individual's relationship to the donor or | 23 | | prospective donor unless the person knows that the | 24 | | representation is untrue. A person who acts in good faith in | 25 | | accord with the terms of this Act, the Illinois Vehicle Code,
| 26 | | and the AIDS Confidentiality Act, or the anatomical gift laws |
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| 1 | | of another
state or a foreign country, is not liable for | 2 | | damages in any civil action
or subject to prosecution in any | 3 | | criminal proceeding for his act.
Any person that participates | 4 | | in good faith and according to the usual and
customary | 5 | | standards of medical practice in the preservation, removal, or | 6 | | transplantation
of any part of a decedent's body pursuant to an | 7 | | anatomical gift made by the
decedent under Section 5-20 of this | 8 | | Act or pursuant to an anatomical
gift made
by an individual as | 9 | | authorized by subsection (b) of Section 5-5 of
this Act
shall | 10 | | have immunity from liability, civil, criminal, or otherwise, | 11 | | that
might result by reason of such actions. For the purpose of | 12 | | any
proceedings, civil or criminal, the validity of an | 13 | | anatomical gift executed
pursuant to Section 5-20 of this Act | 14 | | shall be presumed and the good
faith of
any person | 15 | | participating in the removal or transplantation of any part of | 16 | | a
decedent's body pursuant to an anatomical gift made by the | 17 | | decedent or by
another individual authorized by the Act shall | 18 | | be presumed.
| 19 | | (d) This Act is subject to the provisions of "An Act to | 20 | | revise the law
in relation to coroners", approved February 6, | 21 | | 1874, as now or hereafter
amended, to the laws of this State | 22 | | prescribing powers and duties with
respect to autopsies, and to | 23 | | the statutes, rules, and regulations of this
State with respect | 24 | | to the transportation and disposition of deceased human
bodies.
| 25 | | (e) If the donee is provided information, or determines | 26 | | through
independent examination, that there is evidence that |
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| 1 | | the anatomical gift was exposed
to the human immunodeficiency | 2 | | virus (HIV) or any other identified causative
agent of acquired | 3 | | immunodeficiency syndrome (AIDS), the donee may reject
the gift | 4 | | and shall treat the information and examination results as a
| 5 | | confidential medical record; the donee may disclose only the | 6 | | results
confirming HIV exposure, and only to the physician of | 7 | | the deceased donor.
The donor's physician shall determine | 8 | | whether the person who executed the
gift should be notified of | 9 | | the confirmed positive test result.
| 10 | | (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06; 94-920, | 11 | | eff. 1-1-07.)
| 12 | | (755 ILCS 50/5-47 new) | 13 | | Sec. 5-47. Rights and duties of procurement organizations | 14 | | and others. | 15 | | (a) When a hospital refers an individual at or near death | 16 | | to a procurement organization, the organization shall make a | 17 | | reasonable search of the records of the Secretary of State and | 18 | | any donor registry that it knows exists for the geographical | 19 | | area in which the individual resides to ascertain whether the | 20 | | individual has made an anatomical gift. | 21 | | (b) A procurement organization shall be allowed reasonable | 22 | | access to information in the records of the Secretary of State | 23 | | to ascertain whether an individual at or near death is a donor. | 24 | | (c) 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 may conduct any reasonable examination | 2 | | necessary to ensure the medical suitability of the body or part | 3 | | for its intended purpose. | 4 | | (d) Unless prohibited by law other than this Act, an | 5 | | examination under subsection (c) may include an examination of | 6 | | all medical and dental records of the donor or prospective | 7 | | donor. | 8 | | (e) 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 having priority to make an anatomical gift on | 12 | | behalf of a prospective donor. If a procurement organization | 13 | | receives information that an anatomical gift to any other | 14 | | person was made, amended, or revoked, it shall promptly advise | 15 | | the other person of all relevant information. | 16 | | (f) Subject to subsection (i) of Section 5-12, the rights | 17 | | of the person to which a part passes under Section 5-12 are | 18 | | superior to the rights of all others with respect to the part. | 19 | | The person may accept or reject an anatomical gift in whole or | 20 | | in part. Subject to the terms of the document of gift and this | 21 | | Act, a person who accepts an anatomical gift of an entire body | 22 | | may allow embalming, burial or cremation, and use of remains in | 23 | | a funeral service. If the gift is of a part, the person to | 24 | | which the part passes under Section 5-12, upon the death of the | 25 | | donor and before embalming, burial, or cremation, shall cause | 26 | | the part to be removed without unnecessary mutilation. |
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| 1 | | (g) Neither the physician who attends the decedent at death | 2 | | nor the physician who determines the time of the decedent's | 3 | | death may participate in the procedures for removing or | 4 | | transplanting a part from the decedent. | 5 | | (h) A physician or technician may remove a donated part | 6 | | from the body of a donor that the physician or technician is | 7 | | qualified to remove. | 8 | | (755 ILCS 50/5-50) (was 755 ILCS 50/8.1)
| 9 | | Sec. 5-50. Payment for anatomical gift. | 10 | | (a) Except as provided in
subsection
(b), any person who | 11 | | knowingly pays or offers to pay any financial
consideration to | 12 | | a donor or to any of the persons listed in subsection (b)
of | 13 | | Section 5-5 for making or authorizing consenting to an | 14 | | anatomical gift shall
be guilty
of a Class A misdemeanor for | 15 | | the first conviction and a Class 4 felony for
subsequent | 16 | | 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 Enrolled | - 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.
| 24 | | Section 99. Effective date. This Act takes effect January | 25 | | 1, 2014.
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