Illinois General Assembly - Full Text of SB0363
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Full Text of SB0363  102nd General Assembly


Sen. Patricia Van Pelt

Filed: 4/7/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 363 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Secretary of State Act is amended by
5adding Section 35 as follows:
6    (15 ILCS 305/35 new)
7    Sec. 35. Task Force on Best Practices and Licensing of
8Non-Transplant Organ Donation Organizations.
9    (a) The General Assembly finds and declares that:
10        (1) Non-transplant organ donation organizations that
11    accept or process whole body donations or body parts not
12    for transplantation owe a duty of transparency and
13    safekeeping to the donor and his or her next of kin.
14    Medical and scientific research is critical to a continued
15    understanding of the human body, disease, and training the
16    next generation of medical professionals, funeral home



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1    directors, coroners, and mortuary students. Non-transplant
2    organ donation organizations do not include organizations
3    that receive body parts for the purposes of
4    transplantation.
5        (2) Recently, non-transplant organizations that
6    receive or process whole body donation or body part
7    donation not for transplantation purposes, have misused or
8    mishandled donor bodies and body parts.
9        (3) Neither State nor federal law adequately regulates
10    this industry.
11    (b) As used in this Section, "Task Force" means the Task
12Force on Best Practices and Licensing of Non-Transplant Organ
13Donation Organizations.
14    (c) There is created a Task Force on Best Practices and
15Licensing of Non-Transplant Organ Donation Organizations to
16review and report on national standards for best practices in
17relation to the licensing and regulation of organizations that
18solicit or accept non-transplantation whole bodies and body
19parts, including licensing standards, State regulation,
20identification of bodies and body parts, and sanctions. The
21goal of the Task Force is to research the industry,
22investigate State and local standards, and provide
23recommendations to the General Assembly and Office of the
25    (d) The Task Force's report shall include, but not be
26limited to, standards for organizations that accept whole body



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1and body part donation, the application process for licensure,
2best practices regarding consent, the identification,
3labeling, handling and return of bodies and body parts to
4ensure proper end-use and return to the next of kin, and best
5practices for ensuring donors and next of kin are treated with
6transparency and dignity. The report shall also evaluate and
7make a recommendation as to the area of State government most
8appropriate for licensing organizations and regulation of the
9industry. The report shall also make a recommendation on
10legislation to enact the findings of the Task Force.
11    (e) The Task Force shall meet no less than 5 times between
12the effective date of this amendatory Act of the 102nd General
13Assembly and December 31, 2021. The Task Force shall prepare a
14report that summarizes its work and makes recommendations
15resulting from its review. The Task Force shall submit the
16report of its findings and recommendations to the Governor and
17General Assembly no later than January 15, 2022.
18    (f) The Task Force shall consist of the following 8
20        (1) the Secretary of State or his or her designee;
21        (2) one member appointed by the Secretary of State
22    from the Department of Organ Donor of the Office of the
23    Secretary of State;
24        (3) one member appointed by the President of the
25    Senate;
26        (4) one member appointed by the Minority Leader of the



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1    Senate;
2        (5) one member appointed by the Speaker of the House
3    of Representatives;
4        (6) one member appointed by the Minority Leader of the
5    House of Representatives;
6        (7) one member appointed by the Director of Public
7    Health; and
8        (8) one member from a University or Mortuary School
9    that has experience in receiving whole body donations,
10    appointed by the Governor.
11    (g) The Secretary of State shall designate which member
12shall serve as chairperson and facilitate the Task Force. The
13members of the Task Force shall be appointed no later than 90
14days after the effective date of this amendatory Act of the
15102nd General Assembly. Vacancies in the membership of the
16Task Force shall be filled in the same manner as the original
17appointment. The members of the Task Force shall not receive
18compensation for serving as members of the Task Force.
19    (h) The Office of the Secretary of State shall provide the
20Task Force with administrative and other support.
21    (i) This Section is repealed on July 1, 2022.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".