Full Text of HB1349 96th General Assembly
HB1349 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1349
Introduced 2/18/2009, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
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Creates the Revised Uniform Anatomical Gift Act, proposed by the National Conference of Commissioners on Uniform State Laws. Contains provisions regarding: applicability; who may make an anatomical gift before a donor's death and the making, amending, or revoking of such a gift; the refusal to make an anatomical gift; who may make an anatomical gift of a decedent's body or part and the making, amending, or revoking of such a gift;
documents of gift or other information identifying an individual as a donor or as an individual who made a refusal; the rights and duties of procurement organization and other parties; coordination of procurement and use; prohibition of the purchase of parts and other prohibitions; immunity; choice of law; presumptions; advance health-care directives; disability of a recipient of an anatomical gift; cooperation between coroners or medical examiners and procurement organizations; bodies under jurisdiction of a coroner or medical examiner; construction; and other matters. Repeals the Illinois Anatomical Gift Act. Amends various Acts to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB1349 |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Revised Uniform Anatomical Gift Act. | 6 |
| Section 2. Definitions. In this Act: | 7 |
| (1) "Adult" means an individual who is at least 18 years of | 8 |
| age. | 9 |
| (2) "Agent" means an individual: | 10 |
| (A) authorized to make health-care decisions on the | 11 |
| principal's behalf by a power of attorney for health care | 12 |
| or in accordance with the Health Care Surrogate Act; or | 13 |
| (B) expressly authorized to make an anatomical gift on | 14 |
| the principal's behalf by any other record signed by the | 15 |
| principal.
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| (3) "Anatomical gift" means a donation of all or part of a | 17 |
| human body to take effect after the donor's death for the | 18 |
| purpose of transplantation, therapy, research, or education. | 19 |
| (3.1) "Death" means the irreversible cessation of total | 20 |
| brain function as determined according to the usual and | 21 |
| customary standard of medical practice or the irreversible | 22 |
| cessation of cardiac rhythm as determined according to the | 23 |
| usual and customary standard of medical practice. |
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| (4) "Decedent" means a deceased individual whose body or | 2 |
| part is or may be the source of an anatomical gift. The term | 3 |
| includes a stillborn infant and, subject to restrictions | 4 |
| imposed by law other than this Act, a fetus. | 5 |
| (5) "Disinterested witness" means a witness other than the | 6 |
| spouse, child, parent, sibling, grandchild, grandparent, or | 7 |
| guardian of the individual who makes, amends, revokes, or | 8 |
| refuses to make an anatomical gift, or another adult who | 9 |
| exhibited special care and concern for the individual. The term | 10 |
| does not include a person to which an anatomical gift could | 11 |
| pass under Section 11.
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| (6) "Document of gift" means a donor card or other record | 13 |
| used to make an anatomical gift. The term includes a statement | 14 |
| or symbol on a driver's license, identification card, or donor | 15 |
| registry. | 16 |
| (6.1) "Donation after cardiac death" means the donation of | 17 |
| organs from a ventilated patient without a certification of | 18 |
| brain death and with a do-not-resuscitate order, if a decision | 19 |
| has been reached by the physician and the family to withdraw | 20 |
| life support and if the donation does not occur until after the | 21 |
| declaration of cardiac death. | 22 |
| (7) "Donor" means an individual whose body or part is the | 23 |
| subject of an anatomical gift. | 24 |
| (8) "Donor registry" means a database that contains records | 25 |
| of anatomical gifts and amendments to or revocations of | 26 |
| anatomical gifts. |
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| (9) "Driver's license" means a license or permit issued by | 2 |
| the Secretary of State to operate a vehicle, whether or not | 3 |
| conditions are attached to the license or permit. | 4 |
| (10) "Eye bank" means a person that is licensed, accredited | 5 |
| by either the American Association of Tissue Banks, the Eye | 6 |
| Bank Association of America, or the Association of Organ | 7 |
| Procurement Organizations, or regulated under federal or state | 8 |
| law to engage in the recovery, screening, testing, processing, | 9 |
| storage, or distribution of human eyes or portions of human | 10 |
| eyes. | 11 |
| (11) "Guardian" means a person appointed by a court to make | 12 |
| decisions regarding the support, care, education, health, or | 13 |
| welfare of an individual. The term does not include a guardian | 14 |
| ad litem. | 15 |
| (12) "Hospital" means a facility licensed as a hospital | 16 |
| under the law of any state or a facility operated as a hospital | 17 |
| by the United States, a state, or a subdivision of a state. | 18 |
| (13) "Identification card" means an identification card | 19 |
| issued by the Secretary of State. | 20 |
| (14) "Know" means to have actual knowledge. | 21 |
| (15) "Minor" means an individual who is under 18 years of | 22 |
| age. | 23 |
| (16) "Organ procurement organization" means a person | 24 |
| designated by the Secretary of the United States Department of | 25 |
| Health and Human Services and accredited by either the American | 26 |
| Association of Tissue Banks, the Eye Bank Association of |
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| America, or the Association of Organ Procurement | 2 |
| Organizations, as an organ procurement organization. | 3 |
| (17) "Parent" means a parent whose parental rights have not | 4 |
| been terminated. | 5 |
| (18) "Part" means an organ, an eye, or tissue of a human | 6 |
| being. The term does not include the whole body. | 7 |
| (19) "Person" means an individual, corporation, business | 8 |
| trust, estate, trust, partnership, limited liability company, | 9 |
| association, joint venture, public corporation, government or | 10 |
| governmental subdivision, agency, or instrumentality, or any | 11 |
| other legal or commercial entity. | 12 |
| (20) "Physician" means an individual authorized to | 13 |
| practice medicine or osteopathy under the law of any state. | 14 |
| (21) "Procurement organization" means an eye bank, organ | 15 |
| procurement organization, or tissue bank. | 16 |
| (22) "Prospective donor" means an individual who is dead or | 17 |
| near death and has been determined by a procurement | 18 |
| organization to have a part that could be medically suitable | 19 |
| for transplantation, therapy, research, or education. The term | 20 |
| does not include an individual who has made a refusal. | 21 |
| (23) "Reasonably available" means able to be contacted by a | 22 |
| procurement organization without undue effort and willing and | 23 |
| able to act in a timely manner consistent with existing medical | 24 |
| criteria necessary for the making of an anatomical gift.
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| (24) "Recipient" means an individual into whose body a | 26 |
| decedent's part has been or is intended to be transplanted.
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| (25) "Record" means information that is inscribed on a | 2 |
| tangible medium or that is stored in an electronic or other | 3 |
| medium and is retrievable in perceivable form. | 4 |
| (26) "Refusal" means a record created under Section 7 that | 5 |
| expressly states an intent to bar other persons from making an | 6 |
| anatomical gift of an individual's body or part. | 7 |
| (27) "Sign" means, with the present intent to authenticate | 8 |
| or adopt a record: | 9 |
| (A) to execute or adopt a tangible symbol; or | 10 |
| (B) to attach to or logically associate with the record | 11 |
| an electronic symbol, sound, or process. | 12 |
| (28) "State" means a state of the United States, the | 13 |
| District of Columbia, Puerto Rico, the United States Virgin | 14 |
| Islands, or any territory or insular possession subject to the | 15 |
| jurisdiction of the United States. | 16 |
| (29) "Technician" means an individual determined to be | 17 |
| qualified to remove or process parts by an appropriate | 18 |
| organization that is licensed, accredited, or regulated under | 19 |
| federal or state law. The term includes an enucleator. | 20 |
| (30) "Tissue" means a portion of the human body other than | 21 |
| an organ or an eye. The term does not include blood unless the | 22 |
| blood is donated for the purpose of research or education. | 23 |
| (31) "Tissue bank" means a person that is licensed, | 24 |
| accredited by either the American Association of Tissue Banks, | 25 |
| the Eye Bank Association of America, or the Association of | 26 |
| Organ Procurement Organizations, or regulated under federal or |
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| state law to engage in the recovery, screening, testing, | 2 |
| processing, storage, or distribution of tissue. | 3 |
| (32) "Transplant hospital" means a hospital that furnishes | 4 |
| organ transplants and other medical and surgical specialty | 5 |
| services required for the care of transplant patients. | 6 |
| Section 3. Applicability. This Act applies to an | 7 |
| anatomical gift or amendment to, revocation of, or refusal to | 8 |
| make an anatomical gift, whenever made. | 9 |
| Section 4. Who may make anatomical gift before donor's | 10 |
| death. Subject to Section 8, an anatomical gift of a donor's | 11 |
| body or part may be made during the life of the donor for the | 12 |
| purpose of transplantation, therapy, research, or education in | 13 |
| the manner provided in Section 5 by: | 14 |
| (1) the donor, if the donor is an adult or if the donor | 15 |
| is a minor and emancipated; | 16 |
| (2) an agent of the donor, unless the power of attorney | 17 |
| for health care or other record prohibits the agent from | 18 |
| making an anatomical gift; | 19 |
| (3) a parent of the donor, if the donor is an | 20 |
| unemancipated minor; or | 21 |
| (4) the donor's guardian. | 22 |
| Section 5. Manner of making anatomical gift before donor's | 23 |
| death. |
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| (a) A donor may make an anatomical gift: | 2 |
| (1) by authorizing a statement or symbol indicating | 3 |
| that the donor has made an anatomical gift to be imprinted | 4 |
| on the donor's driver's license or identification card; | 5 |
| (2) in a will; | 6 |
| (3) during a terminal illness or injury of the donor, | 7 |
| by any form of communication addressed to at least two | 8 |
| adults, at least one of whom is a disinterested witness; or | 9 |
| (4) as provided in subsections (b) and (b-1). | 10 |
| (b) A donor or other person authorized to make an | 11 |
| anatomical gift under Section 4 may make a gift by a donor card | 12 |
| or other record signed by the donor or other person making the | 13 |
| gift or by authorizing that a statement or symbol indicating | 14 |
| that the donor has made an anatomical gift be included on a | 15 |
| donor registry. If the donor or other person is physically | 16 |
| unable to sign a record, the record may be signed by another | 17 |
| individual at the direction of the donor or other person and | 18 |
| must:
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| (1) be witnessed by at least two adults, at least one | 20 |
| of whom is a disinterested witness, who have signed at the | 21 |
| request of the donor or the other person; and | 22 |
| (2) state that it has been signed and witnessed as | 23 |
| provided in paragraph (1). | 24 |
| (b-1) A gift under Section 4(1) may also be made by an | 25 |
| individual consenting to have his or her name included in the | 26 |
| First Person Consent organ and tissue donor registry maintained |
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| by the Secretary of State under Section 6-117 of the Illinois | 2 |
| Vehicle Code. An individual's consent to have his or her name | 3 |
| included in the First Person Consent organ and tissue donor | 4 |
| registry constitutes full legal authority for the donation of | 5 |
| any of his or her organs or tissue. Consenting to be included | 6 |
| in the First Person Consent organ and tissue donor registry is | 7 |
| effective without regard to the presence or signature of | 8 |
| witnesses. | 9 |
| (c) Revocation, suspension, expiration, or cancellation of | 10 |
| a driver's license or identification card upon which an | 11 |
| anatomical gift is indicated does not invalidate the gift. | 12 |
| (d) An anatomical gift made by will takes effect upon the | 13 |
| donor's death whether or not the will is probated. Invalidation | 14 |
| of the will after the donor's death does not invalidate the | 15 |
| gift. | 16 |
| Section 6. Amending or revoking anatomical gift before | 17 |
| donor's death.
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| (a) Subject to Section 8, a donor or other person | 19 |
| authorized to make an anatomical gift under Section 4 may amend | 20 |
| or revoke an anatomical gift by:
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| (1) a record signed by: | 22 |
| (A) the donor; | 23 |
| (B) the other person; or | 24 |
| (C) subject to subsection (b), another individual | 25 |
| acting at the direction of the donor or the other |
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| person if the donor or other person is physically | 2 |
| unable to sign; or | 3 |
| (2) a later-executed document of gift that amends or | 4 |
| revokes a previous anatomical gift or portion of an | 5 |
| anatomical gift, either expressly or by inconsistency. | 6 |
| (b) A record signed pursuant to subsection (a)(1)(C) must: | 7 |
| (1) be witnessed by at least two adults, at least one | 8 |
| of whom is a disinterested witness, who have signed at the | 9 |
| request of the donor or the other person; and | 10 |
| (2) state that it has been signed and witnessed as | 11 |
| provided in paragraph (1). | 12 |
| (c) Subject to Section 8, a donor or other person | 13 |
| authorized to make an anatomical gift under Section 4 may | 14 |
| revoke an anatomical gift by the destruction or cancellation of | 15 |
| the document of gift, or the portion of the document of gift | 16 |
| used to make the gift, with the intent to revoke the gift. | 17 |
| (c-1) An individual may withdraw his or her consent to be | 18 |
| listed in the First Person Consent organ and tissue donor | 19 |
| registry maintained by the Secretary of State by notifying the | 20 |
| Secretary of State in writing, or by any other means approved | 21 |
| by the Secretary, of the individual's decision to have his or | 22 |
| her name removed from the registry. | 23 |
| (d) A donor may amend or revoke an anatomical gift that was | 24 |
| not made in a will by any form of communication during a | 25 |
| terminal illness or injury addressed to at least two adults, at | 26 |
| least one of whom is a disinterested witness. |
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| (e) A donor who makes an anatomical gift in a will may | 2 |
| amend or revoke the gift in the manner provided for amendment | 3 |
| or revocation of wills or as provided in subsection (a).
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| Section 7. Refusal to make anatomical gift; effect of | 5 |
| refusal.
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| (a) An individual may refuse to make an anatomical gift of | 7 |
| the individual's body or part by: | 8 |
| (1) a record signed by: | 9 |
| (A) the individual; or | 10 |
| (B) subject to subsection (b), another individual | 11 |
| acting at the direction of the individual if the | 12 |
| individual is physically unable to sign; | 13 |
| (2) the individual's will, whether or not the will is | 14 |
| admitted to probate or invalidated after the individual's | 15 |
| death; or | 16 |
| (3) any form of communication made by the individual | 17 |
| during the individual's terminal illness or injury | 18 |
| addressed to at least two adults, at least one of whom is a | 19 |
| disinterested witness. | 20 |
| (b) A record signed pursuant to subsection (a)(1)(B) must: | 21 |
| (1) be witnessed by at least two adults, at least one | 22 |
| of whom is a disinterested witness, who have signed at the | 23 |
| request of the individual; and | 24 |
| (2) state that it has been signed and witnessed as | 25 |
| provided in paragraph (1). |
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| (c) An individual who has made a refusal may amend or | 2 |
| revoke the refusal: | 3 |
| (1) in the manner provided in subsection (a) for making | 4 |
| a refusal; | 5 |
| (2) by subsequently making an anatomical gift pursuant | 6 |
| to Section 5 that is inconsistent with the refusal; or | 7 |
| (3) by destroying or canceling the record evidencing | 8 |
| the refusal, or the portion of the record used to make the | 9 |
| refusal, with the intent to revoke the refusal. | 10 |
| (d) Except as otherwise provided in Section 8(h), in the | 11 |
| absence of an express, contrary indication by the individual | 12 |
| set forth in the refusal, an individual's unrevoked refusal to | 13 |
| make an anatomical gift of the individual's body or part bars | 14 |
| all other persons from making an anatomical gift of the | 15 |
| individual's body or part.
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| Section 8. Preclusive effect of anatomical gift, | 17 |
| amendment, or revocation. | 18 |
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(a) Except as otherwise provided in subsection (g) and | 19 |
| subject to subsection (f), in the absence of an express, | 20 |
| contrary indication by the donor, a person other than the donor | 21 |
| is barred from making, amending, or revoking an anatomical gift | 22 |
| of a donor's body or
part if the donor made an anatomical gift | 23 |
| of the donor's body or part under Section 5 or an amendment to | 24 |
| an anatomical gift of the donor's body or part under Section 6. | 25 |
| (b) A donor's revocation of an anatomical gift of the |
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| donor's body or part under Section 6 is not a refusal and does | 2 |
| not bar another person specified in Section 4 or 9 from making | 3 |
| an anatomical gift of the donor's body or part under Section 5 | 4 |
| or 10. | 5 |
| (c) If a person other than the donor makes an unrevoked | 6 |
| anatomical gift of the donor's body or part under Section 5 or | 7 |
| an amendment to an anatomical gift of the donor's body or part | 8 |
| under Section 6, another person may not make, amend, or revoke | 9 |
| the gift of the donor's body or part under Section 10. | 10 |
| (d) A revocation of an anatomical gift of a donor's body or | 11 |
| part under Section 6 by a person other than the donor does not | 12 |
| bar another person from making an anatomical gift of the body | 13 |
| or part under Section 5 or 10. | 14 |
| (e) In the absence of an express, contrary indication by | 15 |
| the donor or other person authorized to make an anatomical gift | 16 |
| under Section 4, an anatomical gift of a part is neither a | 17 |
| refusal to give another part nor a limitation on the making of | 18 |
| an anatomical gift of another part at a later time by the donor | 19 |
| or another person. | 20 |
| (f) In the absence of an express, contrary indication by | 21 |
| the donor or other person authorized to make an anatomical gift | 22 |
| under Section 4, an anatomical gift of a part for one or
more | 23 |
| of the purposes set forth in Section 4 is not a limitation on | 24 |
| the making of an anatomical gift of the part for any of the | 25 |
| other purposes by the donor or any other person under Section 5 | 26 |
| or 10. |
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| (g) If a donor who is an unemancipated minor dies, a parent | 2 |
| of the donor who is reasonably available may revoke or amend an | 3 |
| anatomical gift of the donor's body or part. | 4 |
| (h) If an unemancipated minor who signed a refusal dies, a | 5 |
| parent of the minor who is reasonably available may revoke the | 6 |
| minor's refusal.
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| Section 9. Who may make anatomical gift of decedent's body | 8 |
| or part.
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| (a) Subject to subsections (b) and (c) and unless barred by | 10 |
| Section 7 or 8, an anatomical gift of a decedent's body or part | 11 |
| for purpose of transplantation, therapy, research, or | 12 |
| education may be made after or immediately before death by any | 13 |
| member of the following classes of persons who is reasonably | 14 |
| available, in the order of priority listed: | 15 |
| (1) an agent of the decedent at the time of death who | 16 |
| could have made an anatomical gift under Section 4(2) | 17 |
| immediately before the decedent's death; | 18 |
| (2) the spouse of the decedent; | 19 |
| (3) adult children of the decedent; | 20 |
| (4) parents of the decedent; | 21 |
| (5) adult siblings of the decedent; | 22 |
| (6) adult grandchildren of the decedent; | 23 |
| (7) grandparents of the decedent; | 24 |
| (8) an adult who exhibited special care and concern for | 25 |
| the decedent; |
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| (9) the persons who were acting as the guardians of the | 2 |
| person of the decedent at the time of death; and | 3 |
| (10) any other person having the authority to dispose | 4 |
| of the decedent's body. | 5 |
| (b) If there is more than one member of a class listed in | 6 |
| subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to | 7 |
| make an anatomical gift, an anatomical gift may be made by a | 8 |
| member of the class unless that member or a person to which the | 9 |
| gift may pass under Section 11 knows of an objection by another | 10 |
| member of the class. If an objection is known, the gift may be | 11 |
| made only by a majority of the members of the class who are | 12 |
| reasonably available. | 13 |
| (c) A person may not make an anatomical gift if, at the | 14 |
| time of the decedent's death, a person in a prior class under | 15 |
| subsection (a) is reasonably available to make or to object to | 16 |
| the making of an anatomical gift. | 17 |
| Section 10. Manner of making, amending, or revoking | 18 |
| anatomical gift of decedent's body or part.
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| (a) A person authorized to make an anatomical gift under | 20 |
| Section 9 may make an anatomical gift by a document of gift | 21 |
| signed by the person making the gift or by that person's oral | 22 |
| communication that is electronically recorded or is | 23 |
| contemporaneously reduced to a record and signed by the | 24 |
| individual receiving the oral communication. | 25 |
| (b) Subject to subsection (c), an anatomical gift by a |
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| person authorized under Section 9 may be amended or revoked | 2 |
| orally or in a record by any member of a prior class who is | 3 |
| reasonably available. If more than one member of the prior | 4 |
| class is reasonably available, the gift made by a person | 5 |
| authorized under Section 9 may be: | 6 |
| (1) amended only if a majority of the reasonably | 7 |
| available members agree to the amending of the gift; or | 8 |
| (2) revoked only if a majority of the reasonably | 9 |
| available members agree to the revoking of the gift or if | 10 |
| they are equally divided as to whether to revoke the gift. | 11 |
| (c) A revocation under subsection (b) is effective only if, | 12 |
| before an incision has been made to remove a part from the | 13 |
| donor's body or before invasive procedures have begun to | 14 |
| prepare the recipient, the procurement organization, | 15 |
| transplant hospital, or physician or technician knows of the | 16 |
| revocation.
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| Section 11. Persons that may receive anatomical gift; | 18 |
| purpose of anatomical gift. | 19 |
| (a) An anatomical gift may be made to the following persons | 20 |
| named in the document of gift: | 21 |
| (1) a hospital; accredited medical school, dental | 22 |
| school, college, or university; organ procurement | 23 |
| organization; or other appropriate person, for research or | 24 |
| education; | 25 |
| (2) subject to subsection (b), an individual |
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| designated by the person making the anatomical gift if the | 2 |
| individual is the recipient of the part; | 3 |
| (3) an eye bank or tissue bank. | 4 |
| (b) If an anatomical gift to an individual under subsection | 5 |
| (a)(2) cannot be transplanted into the individual, the part | 6 |
| passes in accordance with subsection (g) in the absence of an | 7 |
| express, contrary indication by the person making the | 8 |
| anatomical gift. | 9 |
| (c) If an anatomical gift of one or more specific parts or | 10 |
| of all parts is made in a document of gift that does not name a | 11 |
| person described in subsection (a) but identifies the purpose | 12 |
| for which an anatomical gift may be used, the following rules | 13 |
| apply: | 14 |
| (1) If the part is an eye and the gift is for the | 15 |
| purpose of transplantation or therapy, the gift passes to | 16 |
| the appropriate eye bank. | 17 |
| (2) If the part is tissue and the gift is for the | 18 |
| purpose of transplantation or therapy, the gift passes to | 19 |
| the appropriate tissue bank. | 20 |
| (3) If the part is an organ and the gift is for the | 21 |
| purpose of transplantation or therapy, the gift passes to | 22 |
| the appropriate organ procurement organization as | 23 |
| custodian of the organ. | 24 |
| (4) If the part is an organ, an eye, or tissue and the | 25 |
| gift is for the purpose of research or education, the gift | 26 |
| passes to the appropriate procurement organization. |
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| (d) For the purpose of subsection (c), if there is more | 2 |
| than one purpose of an anatomical gift set forth in the | 3 |
| document of gift but the purposes are not set forth in any | 4 |
| priority,
the gift must be used for transplantation or therapy, | 5 |
| if suitable. If the gift cannot be used for transplantation or | 6 |
| therapy, the gift may be used for research or education. | 7 |
| (e) If an anatomical gift of one or more specific parts is | 8 |
| made in a document of gift that does not name a person | 9 |
| described in subsection (a) and does not identify the purpose | 10 |
| of the gift, the gift may be used only for transplantation or | 11 |
| therapy, and the gift passes in accordance with subsection (g). | 12 |
| (f) If a document of gift specifies only a general intent | 13 |
| to make an anatomical gift by words such as "donor", "organ | 14 |
| donor", or "body donor", or by a symbol or statement of similar | 15 |
| import, the gift may be used only for transplantation or | 16 |
| therapy, and the gift passes in accordance with subsection (g). | 17 |
| (g) For purposes of subsections (b), (e), and (f) the | 18 |
| following rules apply: | 19 |
| (1) If the part is an eye, the gift passes to the | 20 |
| appropriate eye bank. | 21 |
| (2) If the part is tissue, the gift passes to the | 22 |
| appropriate tissue bank. | 23 |
| (3) If the part is an organ, the gift passes to the | 24 |
| appropriate organ procurement organization as custodian of | 25 |
| the organ. | 26 |
| (h) An anatomical gift of an organ for transplantation or |
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| therapy, other than an anatomical gift under subsection (a)(2), | 2 |
| passes to the organ procurement organization as custodian of | 3 |
| the organ. | 4 |
| (i) If an anatomical gift does not pass pursuant to | 5 |
| subsections (a) through (h) or the decedent's body or part is | 6 |
| not used for transplantation, therapy, research, or education, | 7 |
| custody of the body or part passes to the person under | 8 |
| obligation to dispose of the body or part. | 9 |
| (j) A person may not accept an anatomical gift if the | 10 |
| person knows that the gift was not effectively made under | 11 |
| Section 5 or 10 or if the person knows that the decedent made a | 12 |
| refusal under Section 7 that was not revoked. For purposes of | 13 |
| the subsection, if a person knows that an anatomical gift was | 14 |
| made on a document of gift, the person is deemed to know of any | 15 |
| amendment or revocation of the gift or any refusal to make an | 16 |
| anatomical gift on the same document of gift. | 17 |
| (k) Except as otherwise provided in subsection (a)(2), | 18 |
| nothing in this Act affects the allocation of organs for | 19 |
| transplantation or therapy. | 20 |
| Section 12. Search and notification. | 21 |
| (a) The following persons shall make a reasonable search of | 22 |
| an individual who the person reasonably believes is dead or | 23 |
| near death for a document of gift or other information | 24 |
| identifying the individual as a donor or as an individual who | 25 |
| made a refusal: |
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| (1) a law enforcement officer, firefighter, paramedic, | 2 |
| or other emergency rescuer finding the individual; and | 3 |
| (2) if no other source of the information is | 4 |
| immediately available, a hospital, as soon as practical | 5 |
| after the individual's arrival at the hospital. | 6 |
| (b) If a document of gift or a refusal to make an | 7 |
| anatomical gift is located by the search required by subsection | 8 |
| (a)(1) and the individual or deceased individual to whom it | 9 |
| relates is taken to a hospital, the person responsible for | 10 |
| conducting the search shall send the document of gift or | 11 |
| refusal to the hospital. | 12 |
| (c) A person is not subject to criminal or civil liability | 13 |
| for failing to discharge the duties imposed by this Section but | 14 |
| may be subject to administrative sanctions. | 15 |
| Section 13. Delivery of document of gift not required; | 16 |
| right to examine. | 17 |
| (a) A document of gift need not be delivered during the | 18 |
| donor's lifetime to be effective. | 19 |
| (b) Upon or after an individual's death, a person in | 20 |
| possession of a document of gift or a refusal to make an | 21 |
| anatomical gift with respect to the individual shall allow | 22 |
| examination and copying of the document of gift or refusal by a | 23 |
| person authorized to make or object to the making of an | 24 |
| anatomical gift with respect to the individual or by a person | 25 |
| to which the gift could pass under Section 11. |
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| Section 14. Rights and duties of procurement organization | 2 |
| and others. | 3 |
| (a) When a hospital refers an individual at or near death | 4 |
| to a procurement organization, the organization shall make a | 5 |
| reasonable search of the records of the Secretary of State and | 6 |
| any donor registry that it knows exists for the geographical | 7 |
| area in which the individual resides to ascertain whether the | 8 |
| individual has made an anatomical gift. | 9 |
| (b) A procurement organization must be allowed reasonable | 10 |
| access to information in the records of the Secretary of State | 11 |
| to ascertain whether an individual at or near death is a donor. | 12 |
| (c) When a hospital refers an individual at or near death | 13 |
| to a procurement organization, the organization may conduct any | 14 |
| reasonable examination necessary to ensure the medical | 15 |
| suitability of a part that is or could be the subject of an | 16 |
| anatomical gift for transplantation, therapy, research, or | 17 |
| education from a donor or a prospective donor. During the | 18 |
| examination period, measures necessary to ensure the medical | 19 |
| suitability of the part may not be withdrawn unless the | 20 |
| hospital or procurement organization knows that the individual | 21 |
| expressed a contrary intent. | 22 |
| (c-1) If a prospective donor of any organ or an individual | 23 |
| with the authority under Section 9 to donate an organ of a | 24 |
| prospective donor who is not brain dead expresses an interest | 25 |
| in organ donation and the potential donor is a patient at a |
|
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| hospital that does not allow donation after cardiac death, the | 2 |
| organ procurement organization shall orally inform the patient | 3 |
| or the other individual if the patient does not have | 4 |
| decision-making capacity that the hospital does not allow | 5 |
| donation after cardiac death. In addition to providing oral | 6 |
| notification, the organ procurement organization shall give to | 7 |
| the patient or other individual if the patient does not have | 8 |
| decision-making capacity a record stating that: | 9 |
| (i) the patient or the other individual has been given | 10 |
| literature and has been counseled about organ donation | 11 |
| after cardiac death by (representative's name) of the | 12 |
| (organ procurement agency name); | 13 |
| (ii) all organ donation options have been explained to | 14 |
| the patient or the other individual, including the option | 15 |
| of donation after cardiac death; | 16 |
| (iii) the patient or the other individual is aware that | 17 |
| the hospital where the prospective donor is a patient does | 18 |
| not allow donation after cardiac death; | 19 |
| (iv) the patient or the other individual has been | 20 |
| informed of the right to request a patient transfer to a | 21 |
| facility allowing donation after cardiac death; and | 22 |
| (v) the patient or the other individual has been | 23 |
| informed of another hospital that will allow donation after | 24 |
| cardiac death and will accept a patient transfer for the | 25 |
| purpose of donation after cardiac death and that the cost | 26 |
| of transferring the patient to that other hospital will be |
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| covered by the organ procurement organization with no | 2 |
| additional cost to the patient or the other individual. | 3 |
| (d) Unless prohibited by law other than this Act, at any | 4 |
| time after a donor's death, the person to which a part passes | 5 |
| under Section 11 may conduct any reasonable examination | 6 |
| necessary to ensure the medical suitability of the body or part | 7 |
| for its intended purpose. If the procurement organization is | 8 |
| provided information, or determines through independent | 9 |
| examination, that there is evidence that the gift was exposed | 10 |
| to the human immunodeficiency virus (HIV) or any other | 11 |
| identified causative agent of acquired immunodeficiency | 12 |
| syndrome (AIDS), the donee may reject the gift and shall treat | 13 |
| the information and examination results as a confidential | 14 |
| medical record; the donee may disclose only the results | 15 |
| confirming HIV exposure, and only to the physician of the | 16 |
| deceased donor. The donor's physician shall determine whether | 17 |
| the person who executed the gift should be notified of the | 18 |
| confirmed positive test result. | 19 |
| (e) Unless prohibited by law other than this Act, an | 20 |
| examination under subsection (c) or (d) may include an | 21 |
| examination of all medical and dental records of the donor or | 22 |
| prospective donor. | 23 |
| (f) (Blank). | 24 |
| (g) Upon referral by a hospital under subsection (a), a | 25 |
| procurement organization shall make a reasonable search for any | 26 |
| person listed in Section 9 having priority to make an |
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| anatomical gift on behalf of a prospective donor. If a | 2 |
| procurement organization receives information that an | 3 |
| anatomical gift to any other person was made, amended, or | 4 |
| revoked, it shall promptly advise the other person of all | 5 |
| relevant information. | 6 |
| (h) Subject to Sections 11(i) and 23, the rights of the | 7 |
| person to which a part passes under Section 11 are superior to | 8 |
| the rights of all others with respect to the part. The
person | 9 |
| may accept or reject an anatomical gift in whole or in part. | 10 |
| Subject to the terms of the document of gift and this Act, a | 11 |
| person that accepts an anatomical gift of an entire body may | 12 |
| allow embalming, burial or cremation, and use of remains in a | 13 |
| funeral service. If the gift is of a part, the person to which | 14 |
| the part passes under Section 11, upon the death of the donor | 15 |
| and before embalming, burial, or cremation, shall cause the | 16 |
| part to be removed without unnecessary mutilation. | 17 |
| (i) Neither the physician who attends the decedent at death | 18 |
| nor the physician who determines the time of the decedent's | 19 |
| death may participate in the procedures for removing or | 20 |
| transplanting a part from the decedent. | 21 |
| (j) A physician or technician may remove a donated part | 22 |
| from the body of a donor that the physician or technician is | 23 |
| qualified to remove. | 24 |
| Section 15. Coordination of procurement and use. Each | 25 |
| hospital in this State shall enter into agreements or |
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| affiliations with procurement organizations for coordination | 2 |
| of procurement and use of anatomical gifts. Coroners and | 3 |
| medical examiners shall not interfere with agreements or | 4 |
| affiliations with procurement organizations for coordination | 5 |
| of procurement. | 6 |
| Section 16. Sale or purchase of parts prohibited. | 7 |
| (a) Except as otherwise provided in subsection (b), a | 8 |
| person that for valuable consideration, knowingly purchases or | 9 |
| sells a part for transplantation or therapy if removal of a | 10 |
| part from an individual is intended to occur after the | 11 |
| individual death shall be guilty of a Class 4 felony for the | 12 |
| first conviction and a Class 2 felony for subsequent | 13 |
| convictions; further provided, however, if a person is in the | 14 |
| business of procuring or recovering parts, such person must be | 15 |
| formed as a non-profit organization exempt from federal income | 16 |
| taxation pursuant to Section 501(c)(3) of the Internal Revenue | 17 |
| Code of 1986, as amended, otherwise such person shall be in | 18 |
| violation of this Act and shall be guilty of a Class 4 felony | 19 |
| for the first conviction and a Class 2 felony for subsequent | 20 |
| convictions. Hospitals, physicians, or other licensed health | 21 |
| care providers in the State of Illinois who recover or procure | 22 |
| tissue for their own patients shall not be subject to the | 23 |
| penalties contained in this provision. | 24 |
| (b) A person may charge a reasonable amount for the | 25 |
| removal, processing, preservation, quality control, storage, |
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| transportation, implantation, or disposal of a part. | 2 |
| Section 17. Other prohibited acts. A person that, in order | 3 |
| to obtain a financial gain, intentionally falsifies, forges, | 4 |
| conceals, defaces, or obliterates a document of gift, an | 5 |
| amendment or revocation of a document of gift, or a refusal | 6 |
| commits a Class 3 felony. | 7 |
| Section 18. Immunity. | 8 |
| (a) A person that acts in good faith in accordance with the | 9 |
| terms of this Act, the Illinois Vehicle Code, and the AIDS | 10 |
| Confidentiality Act, or with the applicable anatomical gift law | 11 |
| of another state, including any person that participates in | 12 |
| good faith and according to the usual and customary standards | 13 |
| of medical practice in the preservation, removal, or | 14 |
| transplantation, of any part of a decedent's body pursuant to | 15 |
| an anatomical gift made under this Act or attempts in good | 16 |
| faith to do so, is not liable for the act in a civil action, | 17 |
| criminal prosecution, or administrative proceeding. | 18 |
| (a-1) For the purposes of any proceedings, civil or | 19 |
| criminal, it shall be presumed that any anatomical gift made | 20 |
| pursuant to this Act is valid and that any person participating | 21 |
| in the removal or transplantation of any part of a decedent's | 22 |
| body to effectuate an anatomical gift made pursuant to this Act | 23 |
| acted in good faith. | 24 |
| (b) Neither the person making an anatomical gift nor the |
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| donor's estate is liable for any injury or damage that results | 2 |
| from the making or use of the gift. | 3 |
| (c) In determining whether an anatomical gift has been | 4 |
| made, amended, or revoked under this Act, a person may rely | 5 |
| upon representations of an individual listed in Section | 6 |
| 9(a)(2), (3), (4), (5), (6), (7), or (8) relating to the | 7 |
| individual's relationship to the donor or prospective donor | 8 |
| unless the person knows that the representation is untrue. | 9 |
| Section 19. Law governing validity; choice of law as to | 10 |
| execution of document of gift; presumption of validity. | 11 |
| (a) A document of gift is valid if executed in accordance | 12 |
| with: | 13 |
| (1) this Act; | 14 |
| (2) the laws of the state or country where it was | 15 |
| executed; or | 16 |
| (3) the laws of the state or country where the person | 17 |
| making the anatomical gift was domiciled, has a place of | 18 |
| residence, or was a national at the time the document of | 19 |
| gift was executed. | 20 |
| (b) If a document of gift is valid under this Section, the | 21 |
| law of this State governs the interpretation of the document of | 22 |
| gift. | 23 |
| (c) A person may presume that a document of gift or | 24 |
| amendment of an anatomical gift is valid unless that person | 25 |
| knows that it was not validly executed or was revoked. |
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| Section 20. (Blank). | 2 |
| Section 21. Effect of anatomical gift on advance | 3 |
| health-care directive. | 4 |
| (a) In this Section: | 5 |
| (1) "Advance health-care directive" means a power of | 6 |
| attorney for health care or a record signed or authorized | 7 |
| by a prospective donor containing the prospective donor's | 8 |
| direction concerning a health-care decision for the | 9 |
| prospective donor. | 10 |
| (2) "Declaration" means a record signed by a | 11 |
| prospective donor specifying the circumstances under which | 12 |
| a life support system may be withheld or withdrawn from the | 13 |
| prospective donor. | 14 |
| (3) "Health-care decision" means any decision | 15 |
| regarding the health care of the prospective donor. | 16 |
| (b) If a prospective donor has a declaration or advance | 17 |
| health-care directive and the terms of the declaration or | 18 |
| directive and the express or implied terms of a potential | 19 |
| anatomical gift are in conflict with regard to the | 20 |
| administration of measures necessary to ensure the medical | 21 |
| suitability of a part for transplantation or therapy, the | 22 |
| prospective donor's attending physician and prospective donor | 23 |
| shall confer to resolve the conflict. If the prospective donor | 24 |
| is incapable of resolving the conflict, an agent acting under |
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| the prospective donor's declaration or directive, or, if none | 2 |
| or the agent is not reasonably available, another person | 3 |
| authorized by law other than this Act to make health-care | 4 |
| decisions on behalf of the prospective donor, shall act for the | 5 |
| donor to resolve the conflict. The conflict must be resolved as | 6 |
| expeditiously as possible. Information relevant to the | 7 |
| resolution of the conflict may be obtained from the appropriate | 8 |
| procurement organization and any other person authorized to | 9 |
| make an anatomical gift for the prospective donor under Section | 10 |
| 9. Before resolution of the conflict, measures necessary to | 11 |
| ensure the medical suitability of the part may not be withheld | 12 |
| or withdrawn from the prospective donor if withholding or | 13 |
| withdrawing the measures is not contraindicated by appropriate | 14 |
| end-of-life care. | 15 |
| Section 21.1. Disability of recipient. | 16 |
| (a) No hospital, physician, procurement agency or other | 17 |
| person shall determine the ultimate recipient of an anatomical | 18 |
| gift based upon a potential recipient's physical or mental | 19 |
| disability, except to the extent that the physical or mental | 20 |
| disability has been found by a physician, following a case by | 21 |
| case evaluation of the potential recipient, to be medically | 22 |
| significant to the provision of the anatomical gift. | 23 |
| (b) Subsection (a) shall apply to each part of the organ | 24 |
| transplant process. | 25 |
| (c) The court shall accord priority on its calendar and |
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| 1 |
| handle expeditiously any action brought to seek any remedy | 2 |
| authorized by law for purposes of enforcing compliance with | 3 |
| this Section. | 4 |
| (d) This Section shall not be deemed to require referrals | 5 |
| or recommendations for or the performance of medically | 6 |
| inappropriate organ transplants. | 7 |
| (e) As used in this Section, "disability" has the same | 8 |
| meaning as in the federal Americans with Disabilities Act of | 9 |
| 1990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be | 10 |
| amended from time to time.
| 11 |
| Section 22. Cooperation between coroner or medical | 12 |
| examiner and procurement organization. | 13 |
| (a) A coroner or medical examiner shall cooperate with | 14 |
| procurement organizations to maximize the opportunity to | 15 |
| recover anatomical gifts for the purpose of transplantation, | 16 |
| therapy, research, or education. | 17 |
| (b) If a coroner or medical examiner receives notice from a | 18 |
| procurement organization that an anatomical gift might be | 19 |
| available or was made with respect to a decedent whose body is | 20 |
| under the jurisdiction of the coroner or medical examiner and a | 21 |
| post-mortem examination is going to be performed, unless the | 22 |
| coroner or medical examiner denies recovery in accordance with | 23 |
| Section 23, the coroner or medical examiner or designee shall | 24 |
| conduct a post-mortem examination of the body or the part in a | 25 |
| manner and within a period compatible with its preservation for |
|
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| 1 |
| the purposes of the gift. | 2 |
| (c) A part may not be removed from the body of a decedent | 3 |
| under the jurisdiction of a coroner or medical examiner for | 4 |
| transplantation, therapy, research, or education unless the | 5 |
| part is the subject of an anatomical gift or in accordance with | 6 |
| subsection (d). The body of a decedent under the jurisdiction | 7 |
| of the coroner or medical examiner may not be delivered to a | 8 |
| person for research or education unless the body is the subject | 9 |
| of an anatomical gift. This subsection does not preclude a | 10 |
| coroner or medical examiner from performing the medicolegal | 11 |
| investigation upon the body or parts of a decedent under the | 12 |
| jurisdiction of the coroner or medical examiner. | 13 |
| (d) Upon request by a physician licensed to practice | 14 |
| medicine in all its branches, or by an eye bank certified by | 15 |
| the Eye Bank Association of America, and approved by the | 16 |
| coroner or county medical examiner, in any case in which a | 17 |
| patient is in need of corneal tissue for a transplant, a | 18 |
| coroner or county medical examiner who orders the performance | 19 |
| of an autopsy may provide corneal tissue of a decedent whenever | 20 |
| all of the following conditions are met: | 21 |
| (1) The decedent from whom the tissue is taken is under | 22 |
| the jurisdiction of the coroner or county medical examiner. | 23 |
| (2) There has been a reasonable and good faith effort | 24 |
| by the coroner or county medical examiner or any authorized | 25 |
| individual acting for the coroner or county medical | 26 |
| examiner to contact an appropriate person as set forth in |
|
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| subsection (b) of this Section. | 2 |
| (3) No objection by the decedent or, after the | 3 |
| decedent's death, by an appropriate person as set forth in | 4 |
| subsection (e) of this Section is known to the coroner or | 5 |
| county medical examiner or authorized individual acting | 6 |
| for the coroner or county medical examiner prior to removal | 7 |
| of the corneal tissue. | 8 |
| (4) The person designated to remove the tissue is | 9 |
| qualified to do so under this Act. | 10 |
| (5) Removal of the tissue will not interfere with the | 11 |
| subsequent course of an investigation or autopsy. | 12 |
| (6) The individual when living did not make known in | 13 |
| writing his or her objection on religious grounds to the | 14 |
| removal of his or her corneal tissue. | 15 |
| (e) Objection to the removal of corneal tissue may be made | 16 |
| known to the coroner or county medical examiner or authorized | 17 |
| individual acting for the coroner or county medical examiner by | 18 |
| the individual during his or her lifetime or by the following | 19 |
| persons, in the order of priority stated, after the decedent's | 20 |
| death: (1) an individual acting as the decedent's agent under a | 21 |
| power of attorney for health care; (2) the decedent's surrogate | 22 |
| decision maker identified by the attending physician in | 23 |
| accordance with the Health Care Surrogate Act; (3) the guardian | 24 |
| of the decedent's person at the time of death; (4) the | 25 |
| decedent's spouse; (5) any of the decedent's adult sons or | 26 |
| daughters; (6) either of the decedent's parents; (7) any of the |
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| decedent's adult brothers or sisters; (8) any adult grandchild | 2 |
| of the decedent; (9) a close friend of the decedent; (10) the | 3 |
| guardian of the decedent's estate; or (11) any other person | 4 |
| authorized or under legal obligation to dispose of the body. | 5 |
| (f) If the coroner or county medical examiner or any | 6 |
| authorized individual acting for the coroner or county medical | 7 |
| examiner has actual notice of any contrary indications by the | 8 |
| decedent or actual notice that any member within the same class | 9 |
| specified in subsection (e), paragraphs (1) through (11), of | 10 |
| this Section, in the same order of priority, objects to the | 11 |
| removal, the coroner or county medical examiner shall not | 12 |
| approve the removal of corneal tissue. | 13 |
| (g) The coroner or county medical examiner or any | 14 |
| authorized individual acting for the coroner or county medical | 15 |
| examiner authorizing the removal of corneal tissue, or the | 16 |
| persons or organizations listed in subsection (d) of this | 17 |
| Section, shall not be liable in any civil or criminal action | 18 |
| for removing corneal tissue from a decedent and using the same | 19 |
| for transplant purposes if there has been compliance with the | 20 |
| provisions of this Section. | 21 |
| Section 23. Facilitation of anatomical gift from decedent | 22 |
| whose body is under jurisdiction of coroner or medical | 23 |
| examiner. | 24 |
| (a) Upon request of a procurement organization, a coroner | 25 |
| or medical examiner shall release to the procurement |
|
|
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| organization the name, contact information, and available | 2 |
| medical and social history of a decedent whose body is under | 3 |
| the jurisdiction of the coroner or medical examiner. If the | 4 |
| decedent's body or part is medically suitable for | 5 |
| transplantation, therapy, research, or education, the coroner | 6 |
| or medical examiner shall release post-mortem examination | 7 |
| results to the procurement organization. The procurement | 8 |
| organization may make a subsequent disclosure of the | 9 |
| post-mortem examination results or other information received | 10 |
| from the coroner or medical examiner only if relevant to | 11 |
| transplantation or therapy. | 12 |
| (b) The coroner or medical examiner may conduct a | 13 |
| medicolegal examination by reviewing all medical records, | 14 |
| laboratory test results, x-rays, other diagnostic results, and | 15 |
| other information that any person possesses about a donor or | 16 |
| prospective donor whose body is under the jurisdiction of the | 17 |
| coroner or medical examiner which the coroner or medical | 18 |
| examiner determines may be relevant to the investigation. | 19 |
| (c) A person that has any information requested by a | 20 |
| coroner or medical examiner pursuant to subsection (b) shall | 21 |
| provide that information as expeditiously as possible to allow | 22 |
| the coroner or medical examiner to conduct the medicolegal
| 23 |
| investigation within a period compatible with the preservation | 24 |
| of parts for the purpose of transplantation, therapy, research, | 25 |
| or education. | 26 |
| (d) If an anatomical gift has been or might be made of a |
|
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| 1 |
| part of a decedent whose body is under the jurisdiction of the | 2 |
| coroner or medical examiner and a post-mortem examination is | 3 |
| not required, or the coroner or medical examiner determines | 4 |
| that a post-mortem examination is required but that the | 5 |
| recovery of the part that is the subject of an anatomical gift | 6 |
| will not interfere with the examination, the coroner or medical | 7 |
| examiner and procurement organization shall cooperate in the | 8 |
| timely removal of the part from the decedent for the purpose of | 9 |
| transplantation, therapy, research, or education. | 10 |
| (e) If an anatomical gift of a part from the decedent under | 11 |
| the jurisdiction of the coroner or medical examiner has been or | 12 |
| might be made, but the coroner or medical examiner initially | 13 |
| believes that the recovery of the part could interfere with the | 14 |
| post-mortem investigation into the decedent's cause or manner | 15 |
| of death, the coroner or medical examiner shall consult with | 16 |
| the procurement organization or physician or technician | 17 |
| designated by the procurement organization about the proposed | 18 |
| recovery. After consultation, the coroner or medical examiner | 19 |
| may allow the recovery. | 20 |
| (f) Following the consultation under subsection (e), in the | 21 |
| absence of mutually agreed-upon protocols to resolve conflict | 22 |
| between the coroner or medical examiner and the procurement | 23 |
| organization, if the coroner or medical examiner intends to | 24 |
| deny recovery, the coroner or medical examiner or designee, at | 25 |
| the request of the procurement organization, shall attend the | 26 |
| removal procedure for the part before making a final |
|
|
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| 1 |
| determination not to allow the procurement organization to | 2 |
| recover the part. During the removal procedure, the coroner or | 3 |
| medical examiner or designee may allow recovery by the | 4 |
| procurement organization to proceed, or, if the coroner or | 5 |
| medical examiner or designee reasonably believes that the part | 6 |
| may be involved in determining the decedent's cause or manner | 7 |
| of death, deny recovery by the procurement organization. | 8 |
| (g) If the coroner or medical examiner or designee denies | 9 |
| recovery under subsection (f), the coroner or medical examiner | 10 |
| or designee shall: | 11 |
| (1) explain in a record the specific reasons for not | 12 |
| allowing recovery of the part; | 13 |
| (2) include the specific reasons in the records of the | 14 |
| coroner or medical examiner; and | 15 |
| (3) provide a record with the specific reasons to the | 16 |
| procurement organization. | 17 |
| (h) If the coroner or medical examiner or designee allows | 18 |
| recovery of a part under subsection (d), (e), or (f), the | 19 |
| procurement organization, upon request, shall cause the | 20 |
| physician or technician who removes the part to provide the | 21 |
| coroner or medical examiner with a record describing the | 22 |
| condition of the part, a biopsy, a photograph, and any other | 23 |
| information and observations that would assist in the | 24 |
| post-mortem examination. | 25 |
| (i) If a coroner or medical examiner or designee is | 26 |
| required to be present at a removal procedure under subsection |
|
|
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| 1 |
| (f), upon request the procurement organization requesting the | 2 |
| recovery of the part shall reimburse the coroner or medical | 3 |
| examiner or designee for the additional costs incurred in | 4 |
| complying with subsection (f). | 5 |
| Section 24. Uniformity of application and construction. In | 6 |
| applying and construing this uniform Act, consideration must be | 7 |
| given to the need to promote uniformity of the law with respect | 8 |
| to its subject matter among states that enact it. | 9 |
| Section 25. Relation to Electronic Signatures in Global and | 10 |
| National Commerce Act. This Act modifies, limits, and | 11 |
| supersedes the Electronic Signatures in Global and National | 12 |
| Commerce Act, 15 U.S.C. Section 7001 et seq., but does not | 13 |
| modify, limit or supersede Section 101(a) of that Act, 15 | 14 |
| U.S.C. Section 7001, or authorize electronic delivery of any of | 15 |
| the notices described in Section 103(b) of that Act, 15 U.S.C. | 16 |
| Section 7003(b).
| 17 |
| (755 ILCS 50/Act rep.)
| 18 |
| Section 26. Repeals. The following Act is repealed: | 19 |
| The Illinois Anatomical Gift Act.
| 20 |
| Section 26.1. The Department of Public Health Powers and | 21 |
| Duties Law of the
Civil Administrative Code of Illinois is | 22 |
| amended by changing Section 2310-330 as follows: |
|
|
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| 1 |
| (20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46) | 2 |
| Sec. 2310-330. Sperm and tissue bank registry; AIDS test | 3 |
| for donors;
penalties.
| 4 |
| (a) The Department shall establish a registry of all sperm
| 5 |
| banks and tissue banks operating in this State. All sperm banks | 6 |
| and tissue
banks operating in this State
shall register with | 7 |
| the Department by May 1 of each year. Any person,
hospital, | 8 |
| clinic, corporation, partnership, or other legal entity that
| 9 |
| operates a sperm bank or tissue bank in this State and fails to | 10 |
| register with
the
Department pursuant to this Section commits a | 11 |
| business offense and shall be
subject to a fine of $5000.
| 12 |
| (b) All donors
of semen for purposes of artificial | 13 |
| insemination, or donors of corneas,
bones, organs, or other | 14 |
| human tissue for the purpose of injecting,
transfusing, or | 15 |
| transplanting any of them in the human body, shall be
tested | 16 |
| for
evidence of exposure to human immunodeficiency virus (HIV)
| 17 |
| and any other identified causative agent of acquired | 18 |
| immunodeficiency
syndrome (AIDS) at the time of or after the | 19 |
| donation but prior to the
semen, corneas, bones, organs, or | 20 |
| other human tissue being made available for
that use.
However, | 21 |
| when in the opinion of the attending physician the life of a
| 22 |
| recipient of a bone, organ, or other human tissue donation | 23 |
| would be
jeopardized by delays caused by testing for evidence | 24 |
| of exposure to HIV and
any other causative agent of AIDS, | 25 |
| testing shall not be required.
|
|
|
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| 1 |
| (c) Except as otherwise provided in subsection (c-5), no | 2 |
| person may
intentionally, knowingly, recklessly, or | 3 |
| negligently
use the semen, corneas, bones, organs, or
other | 4 |
| human tissue of a donor unless the requirements of subsection | 5 |
| (b)
have been met. Except as otherwise provided in subsection | 6 |
| (c-5), no person
may intentionally, knowingly, recklessly, or
| 7 |
| negligently use the semen, corneas, bones, organs, or other | 8 |
| human tissue of a
donor who
has tested positive for exposure to
| 9 |
| HIV or any other identified causative agent of AIDS. Violation | 10 |
| of
this subsection (c) shall be a Class 4 felony.
| 11 |
| (c-5) It is not a violation of this Section for a person to | 12 |
| perform a solid
organ transplant
of an organ from an HIV | 13 |
| infected donor to a person who has tested positive for
exposure
| 14 |
| to HIV or any other identified causative agent of AIDS and who | 15 |
| is in immediate
threat of
death unless the transplant is | 16 |
| performed. A tissue bank that provides an organ
from an
HIV | 17 |
| infected donor under this subsection (c-5) may not be | 18 |
| criminally or civilly
liable for
the furnishing of that organ | 19 |
| under this subsection (c-5).
| 20 |
| (d) For the purposes of this Section:
| 21 |
| "Human tissue" shall not be
construed to mean organs or | 22 |
| whole blood or its component parts.
| 23 |
| "Tissue bank" means any facility or program operating in | 24 |
| Illinois that is certified or accredited by American | 25 |
| Association of Tissue Banks, the Eye Bank Association of | 26 |
| America, or the Association of Organ Procurement Organizations |
|
|
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| 1 |
| and is involved in procuring, furnishing, donating, | 2 |
| processing, or distributing corneas, bones, or other human | 3 |
| tissue for the purpose of injecting, transfusing, or | 4 |
| transplanting any of them into the human body. "Tissue bank" | 5 |
| does not include a licensed blood bank. For the purposes of | 6 |
| this Act, "tissue" does not include organs or blood or blood | 7 |
| products has the same meaning as set forth in the Illinois | 8 |
| Anatomical Gift Act .
| 9 |
| "Solid organ transplant" means the surgical | 10 |
| transplantation of internal
organs including, but not limited | 11 |
| to, the liver, kidney, pancreas, lungs, or
heart.
"Solid
organ | 12 |
| transplant" does not mean a bone marrow based transplant or a | 13 |
| blood
transfusion.
| 14 |
| "HIV infected donor" means a deceased donor who was | 15 |
| infected with HIV or a living donor known to be infected with | 16 |
| HIV and who is willing to donate a part or all of one or more of | 17 |
| his or her organs. A determination of the donor's HIV infection | 18 |
| is made by the donor's medical history or by specific tests | 19 |
| that document HIV infection, such as HIV RNA or DNA, or by | 20 |
| antibodies to HIV.
| 21 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 22 |
| Section 26.2. The Hospital Licensing Act is amended by | 23 |
| changing Sections 6.16 and 10.4 as follows: | 24 |
| (210 ILCS 85/6.16)
|
|
|
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|
| 1 |
| Sec. 6.16. Agreement with designated organ procurement | 2 |
| agency. Each
hospital licensed under this Act shall have an | 3 |
| agreement with its federally
designated organ procurement | 4 |
| agency providing for notification of the organ
procurement | 5 |
| agency when potential organ donors become available , as
| 6 |
| required in Section 5-25 of the Illinois Anatomical Gift Act .
| 7 |
| (Source: P.A. 93-794, eff. 7-22-04.)
| 8 |
| (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
| 9 |
| Sec. 10.4. Medical staff privileges.
| 10 |
| (a) Any hospital licensed under this Act or any hospital | 11 |
| organized under the
University of Illinois Hospital Act shall, | 12 |
| prior to the granting of any medical
staff privileges to an | 13 |
| applicant, or renewing a current medical staff member's
| 14 |
| privileges, request of the Director of Professional Regulation | 15 |
| information
concerning the licensure status and any | 16 |
| disciplinary action taken against the
applicant's or medical | 17 |
| staff member's license, except: (1) for medical personnel who
| 18 |
| enter a hospital to obtain organs and tissues for transplant | 19 |
| from a donor in accordance with the Illinois Anatomical Gift | 20 |
| Act or the Revised Uniform Anatomical Gift Act ; or (2) for | 21 |
| medical personnel who have been granted disaster privileges | 22 |
| pursuant to the procedures and requirements established by | 23 |
| rules adopted by the Department. Any hospital and any employees | 24 |
| of the hospital or others involved in granting privileges who, | 25 |
| in good faith, grant disaster privileges pursuant to this |
|
|
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| 1 |
| Section to respond to an emergency shall not, as a result of | 2 |
| their acts or omissions, be liable for civil damages for | 3 |
| granting or denying disaster privileges except in the event of | 4 |
| willful and wanton misconduct, as that term is defined in | 5 |
| Section 10.2 of this Act. Individuals granted privileges who | 6 |
| provide care in an emergency situation, in good faith and | 7 |
| without direct compensation, shall not, as a result of their | 8 |
| acts or omissions, except for acts or omissions involving | 9 |
| willful and wanton misconduct, as that term is defined in | 10 |
| Section 10.2 of this Act, on the part of the person, be liable | 11 |
| for civil damages. The Director of
Professional Regulation | 12 |
| shall transmit, in writing and in a timely fashion,
such | 13 |
| information regarding the license of the applicant or the | 14 |
| medical staff
member, including the record of imposition of any | 15 |
| periods of
supervision or monitoring as a result of alcohol or
| 16 |
| substance abuse, as provided by Section 23 of the Medical
| 17 |
| Practice Act of 1987, and such information as may have been
| 18 |
| submitted to the Department indicating that the application
or | 19 |
| medical staff member has been denied, or has surrendered,
| 20 |
| medical staff privileges at a hospital licensed under this
Act, | 21 |
| or any equivalent facility in another state or
territory of the | 22 |
| United States. The Director of Professional Regulation
shall | 23 |
| define by rule the period for timely response to such requests.
| 24 |
| No transmittal of information by the Director of | 25 |
| Professional Regulation,
under this Section shall be to other | 26 |
| than the president, chief
operating officer, chief |
|
|
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| 1 |
| administrative officer, or chief of
the medical staff of a | 2 |
| hospital licensed under this Act, a
hospital organized under | 3 |
| the University of Illinois Hospital Act, or a hospital
operated | 4 |
| by the United States, or any of its instrumentalities. The
| 5 |
| information so transmitted shall be afforded the same status
as | 6 |
| is information concerning medical studies by Part 21 of Article | 7 |
| VIII of the
Code of Civil Procedure, as now or hereafter | 8 |
| amended.
| 9 |
| (b) All hospitals licensed under this Act, except county | 10 |
| hospitals as
defined in subsection (c) of Section 15-1 of the | 11 |
| Illinois Public Aid Code,
shall comply with, and the medical | 12 |
| staff bylaws of these hospitals shall
include rules consistent | 13 |
| with, the provisions of this Section in granting,
limiting, | 14 |
| renewing, or denying medical staff membership and
clinical | 15 |
| staff privileges. Hospitals that require medical staff members | 16 |
| to
possess
faculty status with a specific institution of higher | 17 |
| education are not required
to comply with subsection (1) below | 18 |
| when the physician does not possess faculty
status.
| 19 |
| (1) Minimum procedures for
pre-applicants and | 20 |
| applicants for medical staff
membership shall include the | 21 |
| following:
| 22 |
| (A) Written procedures relating to the acceptance | 23 |
| and processing of
pre-applicants or applicants for | 24 |
| medical staff membership, which should be
contained in
| 25 |
| medical staff bylaws.
| 26 |
| (B) Written procedures to be followed in |
|
|
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| 1 |
| determining
a pre-applicant's or
an applicant's
| 2 |
| qualifications for being granted medical staff | 3 |
| membership and privileges.
| 4 |
| (C) Written criteria to be followed in evaluating
a | 5 |
| pre-applicant's or
an applicant's
qualifications.
| 6 |
| (D) An evaluation of
a pre-applicant's or
an | 7 |
| applicant's current health status and current
license | 8 |
| status in Illinois.
| 9 |
| (E) A written response to each
pre-applicant or
| 10 |
| applicant that explains the reason or
reasons for any | 11 |
| adverse decision (including all reasons based in whole | 12 |
| or
in part on the applicant's medical qualifications or | 13 |
| any other basis,
including economic factors).
| 14 |
| (2) Minimum procedures with respect to medical staff | 15 |
| and clinical
privilege determinations concerning current | 16 |
| members of the medical staff shall
include the following:
| 17 |
| (A) A written notice of an adverse decision.
| 18 |
| (B) An explanation of the reasons for an adverse | 19 |
| decision including all
reasons based on the quality of | 20 |
| medical care or any other basis, including
economic | 21 |
| factors.
| 22 |
| (C) A statement of the medical staff member's right | 23 |
| to request a fair
hearing on the adverse decision | 24 |
| before a hearing panel whose membership is
mutually | 25 |
| agreed upon by the medical staff and the hospital | 26 |
| governing board. The
hearing panel shall have |
|
|
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| 1 |
| independent authority to recommend action to the
| 2 |
| hospital governing board. Upon the request of the | 3 |
| medical staff member or the
hospital governing board, | 4 |
| the hearing panel shall make findings concerning the
| 5 |
| nature of each basis for any adverse decision | 6 |
| recommended to and accepted by
the hospital governing | 7 |
| board.
| 8 |
| (i) Nothing in this subparagraph (C) limits a | 9 |
| hospital's or medical
staff's right to summarily | 10 |
| suspend, without a prior hearing, a person's | 11 |
| medical
staff membership or clinical privileges if | 12 |
| the continuation of practice of a
medical staff | 13 |
| member constitutes an immediate danger to the | 14 |
| public, including
patients, visitors, and hospital | 15 |
| employees and staff. A fair hearing shall be
| 16 |
| commenced within 15 days after the suspension and | 17 |
| completed without delay.
| 18 |
| (ii) Nothing in this subparagraph (C) limits a | 19 |
| medical staff's right
to permit, in the medical | 20 |
| staff bylaws, summary suspension of membership or
| 21 |
| clinical privileges in designated administrative | 22 |
| circumstances as specifically
approved by the | 23 |
| medical staff. This bylaw provision must | 24 |
| specifically describe
both the administrative | 25 |
| circumstance that can result in a summary | 26 |
| suspension
and the length of the summary |
|
|
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| 1 |
| suspension. The opportunity for a fair hearing is
| 2 |
| required for any administrative summary | 3 |
| suspension. Any requested hearing must
be | 4 |
| commenced within 15 days after the summary | 5 |
| suspension and completed without
delay. Adverse | 6 |
| decisions other than suspension or other | 7 |
| restrictions on the
treatment or admission of | 8 |
| patients may be imposed summarily and without a
| 9 |
| hearing under designated administrative | 10 |
| circumstances as specifically provided
for in the | 11 |
| medical staff bylaws as approved by the medical | 12 |
| staff.
| 13 |
| (iii) If a hospital exercises its option to | 14 |
| enter into an exclusive
contract and that contract | 15 |
| results in the total or partial termination or
| 16 |
| reduction of medical staff membership or clinical | 17 |
| privileges of a current
medical staff member, the | 18 |
| hospital shall provide the affected medical staff
| 19 |
| member 60 days prior notice of the effect on his or | 20 |
| her medical staff
membership or privileges. An | 21 |
| affected medical staff member desiring a hearing
| 22 |
| under subparagraph (C) of this paragraph (2) must | 23 |
| request the hearing within 14
days after the date | 24 |
| he or she is so notified. The requested hearing | 25 |
| shall be
commenced and completed (with a report and | 26 |
| recommendation to the affected
medical staff |
|
|
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| 1 |
| member, hospital governing board, and medical | 2 |
| staff) within 30
days after the date of the medical | 3 |
| staff member's request. If agreed upon by
both the | 4 |
| medical staff and the hospital governing board, | 5 |
| the medical staff
bylaws may provide for longer | 6 |
| time periods.
| 7 |
| (D) A statement of the member's right to inspect | 8 |
| all pertinent
information in the hospital's possession | 9 |
| with respect to the decision.
| 10 |
| (E) A statement of the member's right to present | 11 |
| witnesses and other
evidence at the hearing on the | 12 |
| decision.
| 13 |
| (F) A written notice and written explanation of the | 14 |
| decision resulting
from the hearing.
| 15 |
| (F-5) A written notice of a final adverse decision | 16 |
| by a hospital
governing board.
| 17 |
| (G) Notice given 15 days before implementation of | 18 |
| an adverse medical
staff membership or clinical | 19 |
| privileges decision based substantially on
economic | 20 |
| factors. This notice shall be given after the medical | 21 |
| staff member
exhausts all applicable procedures under | 22 |
| this Section, including item (iii) of
subparagraph (C) | 23 |
| of this paragraph (2), and under the medical staff | 24 |
| bylaws in
order to allow sufficient time for the | 25 |
| orderly provision of patient care.
| 26 |
| (H) Nothing in this paragraph (2) of this |
|
|
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LRB096 04093 WGH 18977 b |
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| 1 |
| subsection (b) limits a
medical staff member's right to | 2 |
| waive, in writing, the rights provided in
| 3 |
| subparagraphs (A) through (G) of this paragraph (2) of | 4 |
| this subsection (b) upon
being granted the written | 5 |
| exclusive right to provide particular services at a
| 6 |
| hospital, either individually or as a member of a | 7 |
| group. If an exclusive
contract is signed by a | 8 |
| representative of a group of physicians, a waiver
| 9 |
| contained in the contract shall apply to all members of | 10 |
| the group unless stated
otherwise in the contract.
| 11 |
| (3) Every adverse medical staff membership and | 12 |
| clinical privilege decision
based substantially on | 13 |
| economic factors shall be reported to the Hospital
| 14 |
| Licensing Board before the decision takes effect. These | 15 |
| reports shall not be
disclosed in any form that reveals the | 16 |
| identity of any hospital or physician.
These reports shall | 17 |
| be utilized to study the effects that hospital medical
| 18 |
| staff membership and clinical privilege decisions based | 19 |
| upon economic factors
have on access to care and the | 20 |
| availability of physician services. The
Hospital Licensing | 21 |
| Board shall submit an initial study to the Governor and the
| 22 |
| General Assembly by January 1, 1996, and subsequent reports | 23 |
| shall be submitted
periodically thereafter.
| 24 |
| (4) As used in this Section:
| 25 |
| "Adverse decision" means a decision reducing, | 26 |
| restricting, suspending,
revoking, denying, or not |
|
|
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| 1 |
| renewing medical staff membership or clinical
privileges.
| 2 |
| "Economic factor" means any information or reasons for | 3 |
| decisions unrelated
to quality of care or professional | 4 |
| competency.
| 5 |
| "Pre-applicant" means a physician licensed to practice | 6 |
| medicine in all
its
branches who requests an application | 7 |
| for medical staff membership or
privileges.
| 8 |
| "Privilege" means permission to provide
medical or | 9 |
| other patient care services and permission to use hospital
| 10 |
| resources, including equipment, facilities and personnel | 11 |
| that are necessary to
effectively provide medical or other | 12 |
| patient care services. This definition
shall not be | 13 |
| construed to
require a hospital to acquire additional | 14 |
| equipment, facilities, or personnel to
accommodate the | 15 |
| granting of privileges.
| 16 |
| (5) Any amendment to medical staff bylaws required | 17 |
| because of
this amendatory Act of the 91st General Assembly | 18 |
| shall be adopted on or
before July 1, 2001.
| 19 |
| (c) All hospitals shall consult with the medical staff | 20 |
| prior to closing
membership in the entire or any portion of the | 21 |
| medical staff or a department.
If
the hospital closes | 22 |
| membership in the medical staff, any portion of the medical
| 23 |
| staff, or the department over the objections of the medical | 24 |
| staff, then the
hospital
shall provide a detailed written | 25 |
| explanation for the decision to the medical
staff
10 days prior | 26 |
| to the effective date of any closure. No applications need to |
|
|
|
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| 1 |
| be
provided when membership in the medical staff or any | 2 |
| relevant portion of the
medical staff is closed.
| 3 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 4 |
| Section 26.3. The AIDS Confidentiality Act is amended by | 5 |
| changing Section 7 as follows: | 6 |
| (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307) | 7 |
| Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
| 8 |
| and 6 of this Act, informed consent is not required for a | 9 |
| health
care provider or health facility to perform a test when | 10 |
| the health care
provider or health facility procures, | 11 |
| processes, distributes or uses a
human body part donated for a | 12 |
| purpose specified under the Illinois
Anatomical Gift Act or the | 13 |
| Revised Uniform Anatomical Gift Act , or semen provided prior to | 14 |
| the effective date of this
Act for the purpose of artificial | 15 |
| insemination, and such a test is
necessary to assure medical | 16 |
| acceptability of such gift or semen for the
purposes intended.
| 17 |
| (b) Informed consent is not required for a health care
| 18 |
| provider or health facility to perform a test when a health | 19 |
| care provider
or employee of a health facility, or a | 20 |
| firefighter or an EMT-A, EMT-I or EMT-P,
is involved in an | 21 |
| accidental direct skin or mucous membrane contact with
the | 22 |
| blood or bodily fluids of an individual which is of a nature | 23 |
| that may
transmit HIV, as determined by a physician in his | 24 |
| medical judgment. Should
such test prove to be positive, the |
|
|
|
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|
| 1 |
| patient and the health care provider,
health facility employee, | 2 |
| firefighter, EMT-A, EMT-I, or EMT-P shall be
provided | 3 |
| appropriate counseling consistent with this Act.
| 4 |
| (c) Informed consent is not required for a health care
| 5 |
| provider or health facility to perform a test when a law | 6 |
| enforcement
officer is involved in the line of duty in a direct | 7 |
| skin or mucous membrane
contact with the blood or bodily fluids | 8 |
| of an individual which is of a
nature that may transmit HIV, as | 9 |
| determined by a physician in his medical
judgment. Should such | 10 |
| test prove to be positive, the patient shall be
provided | 11 |
| appropriate counseling consistent with this Act. For purposes | 12 |
| of
this subsection (c), "law enforcement officer" means any | 13 |
| person employed by
the State, a county or a municipality as a | 14 |
| policeman, peace officer,
auxiliary policeman, correctional | 15 |
| officer or in some like position
involving the enforcement of | 16 |
| the law and protection of the public interest
at the risk of | 17 |
| that person's life.
| 18 |
| (Source: P.A. 95-7, eff. 6-1-08 .)
| 19 |
| Section 26.4. The Illinois Vehicle Code is amended by | 20 |
| changing Sections 6-110 and 6-117 as follows: | 21 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 22 |
| Sec. 6-110. Licenses issued to drivers.
| 23 |
| (a) The Secretary of State shall issue to every qualifying | 24 |
| applicant a
driver's license as applied for, which license |
|
|
|
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| 1 |
| shall bear a
distinguishing
number assigned to the licensee, | 2 |
| the legal name,
zip
code, date of birth, residence address, and | 3 |
| a brief description of the
licensee, and
a space where the | 4 |
| licensee may write his usual signature.
| 5 |
| Licenses issued shall also indicate the classification and
| 6 |
| the restrictions under Section 6-104 of this Code.
| 7 |
| In lieu of the social security number, the Secretary may in | 8 |
| his
discretion substitute a federal tax number or other | 9 |
| distinctive number.
| 10 |
| A driver's license issued may, in the discretion of the | 11 |
| Secretary,
include a suitable photograph of a type prescribed | 12 |
| by the Secretary.
| 13 |
| (a-1) If the licensee is less than 18 years of age, unless | 14 |
| one of the exceptions in subsection (a-2) apply, the license | 15 |
| shall, as a matter of law, be invalid for the operation of any | 16 |
| motor vehicle during the following times: | 17 |
| (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 18 |
| (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 19 |
| Sunday; and | 20 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 21 |
| inclusive, and 6:00 a.m. on the following day. | 22 |
| (a-2) The driver's license of a person under the age of 18 | 23 |
| shall not be invalid as described in subsection (a-1) of this | 24 |
| Section if the licensee under the age of 18 was: | 25 |
| (1) accompanied by the licensee's parent or guardian or | 26 |
| other person in custody or control of the minor; |
|
|
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| 1 |
| (2) on an errand at the direction of the minor's parent | 2 |
| or guardian, without any detour or stop; | 3 |
| (3) in a motor vehicle involved in interstate travel; | 4 |
| (4) going to or returning home from an employment | 5 |
| activity, without any detour or stop; | 6 |
| (5) involved in an emergency; | 7 |
| (6) going to or returning home from, without any detour | 8 |
| or stop, an official school, religious, or other | 9 |
| recreational activity supervised by adults and sponsored | 10 |
| by a government or governmental agency, a civic | 11 |
| organization, or another similar entity that takes | 12 |
| responsibility for the licensee, without any detour or | 13 |
| stop; | 14 |
| (7) exercising First Amendment rights protected by the | 15 |
| United States Constitution, such as the free exercise of | 16 |
| religion, freedom of speech, and the right of assembly; or | 17 |
| (8) married or had been married or is an emancipated | 18 |
| minor under the Emancipation of Minors Act. | 19 |
| (a-2.5) The driver's license of a person who is 17 years of | 20 |
| age and has been licensed for at least 12 months is not invalid | 21 |
| as described in subsection (a-1) of this Section while the | 22 |
| licensee is participating as an assigned driver in a Safe Rides | 23 |
| program that meets the following criteria: | 24 |
| (1) the program is sponsored by the Boy Scouts of | 25 |
| America or another national public service organization; | 26 |
| and |
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| 1 |
| (2) the sponsoring organization carries liability | 2 |
| insurance covering the program. | 3 |
| (a-3) If a graduated driver's license holder over the age | 4 |
| of 18 committed an offense against traffic regulations | 5 |
| governing the movement of vehicles or any violation of Section | 6 |
| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 7 |
| the graduated driver's license holder's 18th birthday, and was | 8 |
| subsequently convicted of the offense, the provisions of | 9 |
| subsection (a-1) shall continue to apply until such time as a | 10 |
| period of 6 consecutive months has elapsed without an | 11 |
| additional violation and subsequent conviction of an offense | 12 |
| against traffic regulations governing the movement of vehicles | 13 |
| or Section 6-107 or Section 12-603.1 of this Code.
| 14 |
| (b) Until the Secretary of State establishes a First Person | 15 |
| Consent organ and tissue donor registry under Section 6-117 of | 16 |
| this Code, the Secretary of State shall provide a format on the | 17 |
| reverse of
each driver's license issued which the licensee may | 18 |
| use to execute a document
of gift conforming to the provisions | 19 |
| of the Revised Uniform Illinois Anatomical Gift Act.
The format | 20 |
| shall allow the licensee to indicate the gift intended, whether
| 21 |
| specific organs, any organ, or the entire body, and shall | 22 |
| accommodate the
signatures of the donor and 2 witnesses. The | 23 |
| Secretary shall also inform
each applicant or licensee of this | 24 |
| format, describe the procedure for its
execution, and may offer | 25 |
| the necessary witnesses; provided that in so doing,
the | 26 |
| Secretary shall advise the applicant or licensee that he or she |
|
|
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| 1 |
| is
under no compulsion to execute a document of gift. A | 2 |
| brochure
explaining this method of executing an anatomical gift | 3 |
| document shall be given
to each applicant or licensee. The | 4 |
| brochure shall advise the applicant or
licensee that he or she | 5 |
| is under no compulsion to execute a document of
gift, and that | 6 |
| he or she may wish to consult with family, friends or clergy
| 7 |
| before doing so. The Secretary of State may undertake | 8 |
| additional efforts,
including education and awareness | 9 |
| activities, to promote organ and tissue
donation.
| 10 |
| (c) The Secretary of State shall designate on each driver's | 11 |
| license issued
a space where the licensee may place a sticker | 12 |
| or decal of the uniform
size as the Secretary may specify, | 13 |
| which sticker or decal may indicate in
appropriate language | 14 |
| that the owner of the license carries an Emergency
Medical | 15 |
| Information Card.
| 16 |
| The sticker may be provided by any person, hospital, | 17 |
| school,
medical group, or association interested in assisting | 18 |
| in implementing
the Emergency Medical Information Card, but | 19 |
| shall meet the specifications
as the Secretary may by rule or | 20 |
| regulation require.
| 21 |
| (d) The Secretary of State shall designate on each driver's | 22 |
| license issued
a space where the licensee may indicate his | 23 |
| blood type and RH factor.
| 24 |
| (e) The Secretary of State shall provide
that each original | 25 |
| or renewal driver's license issued to a licensee under
21 years | 26 |
| of age shall be of a distinct nature from those driver's |
|
|
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| 1 |
| licenses
issued to individuals 21 years of age and older. The | 2 |
| color designated for
driver's licenses for licensees under 21 | 3 |
| years of age shall be at the
discretion of the Secretary of | 4 |
| State.
| 5 |
| (e-1) The Secretary shall provide that each driver's | 6 |
| license issued to a
person under the age of 21 displays the | 7 |
| date upon which the person becomes 18
years of age and the date | 8 |
| upon which the person becomes 21 years of age.
| 9 |
| (f) The Secretary of State shall inform all Illinois | 10 |
| licensed
commercial motor vehicle operators of the | 11 |
| requirements of the Uniform
Commercial Driver License Act, | 12 |
| Article V of this Chapter, and shall make
provisions to insure | 13 |
| that all drivers, seeking to obtain a commercial
driver's | 14 |
| license, be afforded an opportunity prior to April 1, 1992, to
| 15 |
| obtain the license. The Secretary is authorized to extend
| 16 |
| driver's license expiration dates, and assign specific times, | 17 |
| dates and
locations where these commercial driver's tests shall | 18 |
| be conducted. Any
applicant, regardless of the current | 19 |
| expiration date of the applicant's
driver's license, may be | 20 |
| subject to any assignment by the Secretary.
Failure to comply | 21 |
| with the Secretary's assignment may result in the
applicant's | 22 |
| forfeiture of an opportunity to receive a commercial driver's
| 23 |
| license prior to April 1, 1992.
| 24 |
| (g) The Secretary of State shall designate on a
driver's | 25 |
| license issued, a space where the licensee may indicate that he | 26 |
| or
she has drafted a living will in accordance with the |
|
|
|
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| 1 |
| Illinois Living Will
Act or a durable power of attorney for | 2 |
| health care in accordance with the
Illinois Power of Attorney | 3 |
| Act.
| 4 |
| (g-1) The Secretary of State, in his or her discretion, may | 5 |
| designate on
each driver's license issued a space where the | 6 |
| licensee may place a sticker or
decal, issued by the Secretary | 7 |
| of State, of uniform size as the Secretary may
specify, that | 8 |
| shall indicate in appropriate language that the owner of the
| 9 |
| license has renewed his or her driver's license.
| 10 |
| (h) A person who acts in good faith in accordance with the | 11 |
| terms of
this Section is not liable for damages in any civil | 12 |
| action or subject to
prosecution in any criminal proceeding for | 13 |
| his or her act.
| 14 |
| (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | 15 |
| eff. 1-1-08; 95-747, eff. 7-22-08.)
| 16 |
| (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
| 17 |
| Sec. 6-117. Records to be kept by the Secretary of State.
| 18 |
| (a) The Secretary of State shall file every application for | 19 |
| a license or
permit accepted under this Chapter, and shall | 20 |
| maintain suitable
indexes thereof. The records of the Secretary | 21 |
| of State shall indicate the
action taken with respect to such | 22 |
| applications.
| 23 |
| (b) The Secretary of State shall maintain appropriate | 24 |
| records of all
licenses and permits refused, cancelled, | 25 |
| disqualified, revoked, or suspended and of the
revocation,
|
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| 1 |
| suspension, and disqualification of driving privileges of | 2 |
| persons not licensed
under this Chapter, and such records shall | 3 |
| note the reasons for such
action.
| 4 |
| (c) The Secretary of State shall maintain appropriate | 5 |
| records of
convictions reported under this Chapter. Records of | 6 |
| conviction may be
maintained in a computer processible medium.
| 7 |
| (d) The Secretary of State may also maintain appropriate | 8 |
| records of any
accident reports received.
| 9 |
| (e) The Secretary of State shall also maintain appropriate | 10 |
| records
of any disposition of supervision or records
relative
| 11 |
| to a driver's referral to a driver remedial or rehabilitative | 12 |
| program, as
required by the Secretary of State or the courts. | 13 |
| Such records shall only
be available for use by the Secretary, | 14 |
| the driver licensing administrator of any other state, law | 15 |
| enforcement agencies, the
courts, and the affected driver or, | 16 |
| upon proper verification,
such affected driver's attorney.
| 17 |
| (f) The Secretary of State shall also maintain or contract | 18 |
| to maintain
appropriate records of all photographs and | 19 |
| signatures obtained in the process
of issuing any driver's | 20 |
| license, permit, or identification card. The record
shall be | 21 |
| confidential and shall not be disclosed except to those | 22 |
| entities
listed under Section 6-110.1 of this Code.
| 23 |
| (g) The Secretary of State may establish a First Person | 24 |
| Consent organ and tissue donor registry in compliance with the | 25 |
| Revised Uniform subsection (b-1) of Section 5-20 of the | 26 |
| Illinois Anatomical Gift Act, as follows: |
|
|
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| 1 |
| (1) The Secretary shall offer, to each applicant | 2 |
| for issuance or renewal of a driver's license or | 3 |
| identification card who is 18 years of age or older, the | 4 |
| opportunity to have his or her name included in the First | 5 |
| Person Consent organ and tissue donor registry. The | 6 |
| Secretary must advise the applicant or licensee that he or | 7 |
| she is under no compulsion to have his or her name included | 8 |
| in the registry. An individual who agrees to having his or | 9 |
| her name included in the First Person Consent organ and | 10 |
| tissue donor registry has given full legal consent to the | 11 |
| donation of any of his or her organs or tissue upon his or | 12 |
| her death. A brochure explaining this method of executing | 13 |
| an anatomical gift must be given to each applicant for | 14 |
| issuance or renewal of a driver's license or identification | 15 |
| card. The brochure must advise the applicant or licensee | 16 |
| (i) that he or she is under no compulsion to have his or | 17 |
| her name included in this registry and (ii) that he or she | 18 |
| may wish to consult with family, friends, or clergy before | 19 |
| doing so. | 20 |
| (2) The Secretary of State may establish | 21 |
| additional methods by which an individual may have his or | 22 |
| her name included in the First Person Consent organ and | 23 |
| tissue donor registry. | 24 |
| (3) When an individual has agreed to have his or | 25 |
| her name included in the First Person Consent organ and | 26 |
| tissue donor registry, the Secretary of State shall note |
|
|
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| 1 |
| that agreement in the First Person consent organ and tissue | 2 |
| donor registry. Representatives of federally designated | 3 |
| organ procurement agencies and tissue banks may inquire of | 4 |
| the Secretary of State whether a potential organ donor's | 5 |
| name is included in the First Person Consent organ and | 6 |
| tissue donor registry, and the Secretary of State may | 7 |
| provide that information to the representative. | 8 |
| (4) An individual may withdraw his or her consent | 9 |
| to be listed in the First Person Consent organ and tissue | 10 |
| donor registry maintained by the Secretary of State by | 11 |
| notifying the Secretary of State in writing, or by any | 12 |
| other means approved by the Secretary, of the individual's | 13 |
| decision to have his or her name removed from the registry. | 14 |
| (5) The Secretary of State may undertake | 15 |
| additional efforts, including education and awareness | 16 |
| activities, to promote organ and tissue donation. | 17 |
| (6) In the absence of gross negligence or willful | 18 |
| misconduct, the Secretary of State and his or her employees | 19 |
| are immune from any civil or criminal liability in | 20 |
| connection with an individual's consent to be listed in the | 21 |
| organ and tissue donor registry.
| 22 |
| (Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07.)
| 23 |
| Section 26.5. The Criminal Code of 1961 is amended by | 24 |
| changing Sections 12-20 and 12-20.5 as follows: |
|
|
|
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| 1 |
| (720 ILCS 5/12-20) (from Ch. 38, par. 12-20) | 2 |
| Sec. 12-20. Sale of body parts.
| 3 |
| (a) Except as provided in subsection
(b), any person who | 4 |
| knowingly buys or sells, or offers to buy or sell, a
human body | 5 |
| or any part of a human body, is guilty of a Class A misdemeanor
| 6 |
| for the first conviction and a Class 4 felony for subsequent | 7 |
| convictions.
| 8 |
| (b) This Section does not prohibit:
| 9 |
| (1) An anatomical gift made in accordance with the | 10 |
| Illinois
Anatomical Gift
Act or the Revised Uniform | 11 |
| Anatomical Gift Act .
| 12 |
| (2) The removal and use of a human cornea in accordance | 13 |
| with the
Illinois Anatomical Gift Act or the Revised | 14 |
| Uniform Anatomical Gift Act .
| 15 |
| (3) Reimbursement of actual expenses incurred by a | 16 |
| living person in
donating an organ, tissue or other body | 17 |
| part or fluid for transplantation,
implantation, infusion, | 18 |
| injection, or other medical or scientific purpose,
| 19 |
| including medical costs, loss of income, and travel | 20 |
| expenses.
| 21 |
| (4) Payments provided under a plan of insurance or
| 22 |
| other health care coverage.
| 23 |
| (5) Reimbursement of reasonable costs associated with | 24 |
| the removal,
storage or transportation of a human body or | 25 |
| part thereof donated for
medical or scientific purposes.
| 26 |
| (6) Purchase or sale of blood, plasma, blood products |
|
|
|
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| 1 |
| or derivatives,
other body fluids, or human hair.
| 2 |
| (7) Purchase or sale of drugs, reagents or other | 3 |
| substances made from
human bodies or body parts, for use in | 4 |
| medical or scientific research,
treatment or diagnosis.
| 5 |
| (Source: P.A. 93-794, eff. 7-22-04.)
| 6 |
| (720 ILCS 5/12-20.5)
| 7 |
| Sec. 12-20.5. Dismembering a human body.
| 8 |
| (a) A person commits the offense of dismembering a human | 9 |
| body
when he or she knowingly dismembers, severs, separates,
| 10 |
| dissects, or mutilates any body part of a deceased's body.
| 11 |
| (b) This Section does not apply to:
| 12 |
| (1) an anatomical gift made in accordance with the | 13 |
| Illinois
Anatomical Gift Act or the Revised Uniform | 14 |
| Anatomical Gift Act ;
| 15 |
| (2) the removal and use of a human cornea in accordance | 16 |
| with
the Illinois Anatomical Gift Act or the Revised | 17 |
| Uniform Anatomical Gift Act ;
| 18 |
| (3) the purchase or sale of drugs, reagents, or other | 19 |
| substances
made from human body parts, for the use in | 20 |
| medical or scientific research,
treatment, or diagnosis;
| 21 |
| (4) persons employed by a county medical examiner's | 22 |
| office or
coroner's office acting within the scope of their | 23 |
| employment while
performing an autopsy;
| 24 |
| (5) the acts of a licensed funeral director or embalmer | 25 |
| while
performing acts authorized by the Funeral Directors |
|
|
|
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| 1 |
| and Embalmers
Licensing Code;
| 2 |
| (6) the acts of emergency medical personnel or | 3 |
| physicians
performed in good faith and according to the | 4 |
| usual and customary standards
of medical practice in an | 5 |
| attempt to resuscitate a life; or
| 6 |
| (7) physicians licensed to practice medicine in all of | 7 |
| its branches or
holding a visiting professor, physician, or | 8 |
| resident permit under the Medical
Practice Act of 1987, | 9 |
| performing acts in accordance with usual and customary
| 10 |
| standards of
medical practice, or a currently enrolled | 11 |
| student in an accredited medical
school in furtherance of | 12 |
| his or her education at the accredited medical
school.
| 13 |
| (c) It is not a defense to a violation of this Section that | 14 |
| the decedent
died due to
natural, accidental, or suicidal | 15 |
| causes.
| 16 |
| (d) Sentence. Dismembering a human body is a Class X | 17 |
| felony.
| 18 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 19 |
| Section 26.6. The Illinois Power of Attorney Act is amended | 20 |
| by changing Sections 4-7 and 4-10 as follows: | 21 |
| (755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7) | 22 |
| Sec. 4-7. Duties of health care providers and others in | 23 |
| relation to
health care agencies. Each health care provider and | 24 |
| each other person with
whom an agent deals under a health care |
|
|
|
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|
| 1 |
| agency shall be subject to the
following duties and | 2 |
| responsibilities:
| 3 |
| (a) It is the responsibility of the agent or patient to | 4 |
| notify the
health care provider of the existence of the health | 5 |
| care agency and any
amendment or revocation thereof. A health | 6 |
| care provider furnished with a
copy of a health care agency | 7 |
| shall make it a part of the patient's medical
records and shall | 8 |
| enter in the records any change in or termination of the
health | 9 |
| care agency by the principal that becomes known to the | 10 |
| provider.
Whenever a provider believes a patient may lack | 11 |
| capacity to give informed
consent to health care which the | 12 |
| provider deems necessary, the provider
shall consult with any | 13 |
| available health care agent known to the provider
who then has | 14 |
| power to act for the patient under a health care agency.
| 15 |
| (b) A health care decision made by an agent in accordance | 16 |
| with the terms
of a health care agency shall be complied with | 17 |
| by every health care
provider to whom the decision is | 18 |
| communicated, subject to the provider's
right to administer | 19 |
| treatment for the patient's comfort care or alleviation
of | 20 |
| pain; but if the provider is unwilling to comply with the | 21 |
| agent's decision,
the provider shall promptly inform the agent | 22 |
| who shall then be responsible
to make the necessary | 23 |
| arrangements for the transfer of the patient to
another | 24 |
| provider. It is understood that a
provider who is unwilling to | 25 |
| comply with the agent's decision will continue
to afford | 26 |
| reasonably necessary consultation and care in connection with |
|
|
|
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| 1 |
| the transfer.
| 2 |
| (c) At the patient's expense and subject to reasonable | 3 |
| rules of the
health care provider to prevent disruption of the | 4 |
| patient's health care,
each health care provider shall give an | 5 |
| agent authorized to receive
such information under a health | 6 |
| care agency the same right the principal
has to examine and | 7 |
| copy any part or all of the patient's medical records
that the | 8 |
| agent deems relevant to the exercise of the agent's powers,
| 9 |
| whether the records relate to mental health or any other | 10 |
| medical condition
and whether they are in the possession of or | 11 |
| maintained by any physician,
psychiatrist, psychologist, | 12 |
| therapist, hospital, nursing home or other
health care | 13 |
| provider.
| 14 |
| (d) If and to the extent a health care agency empowers the | 15 |
| agent to (1)
make an anatomical gift on behalf of the principal | 16 |
| under the Illinois Anatomical Gift Act or the Revised Uniform | 17 |
| Anatomical Gift Act , as now or hereafter amended, or (2) | 18 |
| authorize
an
autopsy of the principal's body pursuant to | 19 |
| Section 2 of "An Act in
relation to autopsy of dead bodies", | 20 |
| approved August 13, 1965, as now or
hereafter amended, or (3) | 21 |
| direct
the disposition of the principal's remains, the decision | 22 |
| by an authorized
agent as to anatomical gift, autopsy
approval | 23 |
| or remains disposition shall be deemed the act of the principal
| 24 |
| and shall control over the decision of other persons who might | 25 |
| otherwise
have priority;
and each person to whom a direction by | 26 |
| the agent in accordance with the
terms of the agency is |
|
|
|
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|
| 1 |
| communicated shall comply with such direction.
| 2 |
| (Source: P.A. 93-794, eff. 7-22-04.)
| 3 |
| (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
| 4 |
| Sec. 4-10. Statutory short form power of attorney for | 5 |
| health care.
| 6 |
| (a) The following form (sometimes also referred to in this | 7 |
| Act as the
"statutory health care power") may be used to grant | 8 |
| an agent powers with
respect to the principal's own health | 9 |
| care; but the statutory health care
power is not intended to be | 10 |
| exclusive nor to cover delegation of a parent's
power to | 11 |
| control the health care of a minor child, and no provision of | 12 |
| this
Article shall be construed to invalidate or bar use by the | 13 |
| principal of any
other or
different form of power of attorney | 14 |
| for health care. Nonstatutory health
care powers must be
| 15 |
| executed by the principal, designate the agent and the agent's | 16 |
| powers, and
comply with Section 4-5 of this Article, but they | 17 |
| need not be witnessed or
conform in any other respect to the | 18 |
| statutory health care power. When a
power of attorney in | 19 |
| substantially the
following form is used, including the | 20 |
| "notice" paragraph at the beginning
in capital letters, it | 21 |
| shall have the meaning and effect prescribed in this
Act. The | 22 |
| statutory health care power may be included in or
combined with | 23 |
| any
other form of power of attorney governing property or other | 24 |
| matters.
| 25 |
| "ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH |
|
|
|
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|
| 1 |
| CARE
| 2 |
| (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE | 3 |
| THE PERSON YOU
DESIGNATE (YOUR "AGENT") BROAD POWERS TO MAKE | 4 |
| HEALTH CARE DECISIONS FOR YOU,
INCLUDING POWER TO REQUIRE, | 5 |
| CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL
CARE OR MEDICAL | 6 |
| TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT
YOU | 7 |
| TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME OR OTHER | 8 |
| INSTITUTION. THIS
FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO | 9 |
| EXERCISE GRANTED POWERS; BUT
WHEN POWERS ARE EXERCISED, YOUR | 10 |
| AGENT WILL HAVE TO USE
DUE CARE TO ACT FOR
YOUR BENEFIT AND IN | 11 |
| ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF
RECEIPTS, | 12 |
| DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT
| 13 |
| CAN TAKE AWAY THE
POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS | 14 |
| NOT ACTING PROPERLY. YOU MAY
NAME SUCCESSOR AGENTS UNDER THIS | 15 |
| FORM
BUT NOT CO-AGENTS, AND NO HEALTH CARE PROVIDER MAY BE | 16 |
| NAMED. UNLESS
YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER
IN | 17 |
| THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A | 18 |
| COURT ACTING
ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY | 19 |
| EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETIME, EVEN | 20 |
| AFTER YOU BECOME DISABLED. THE POWERS YOU
GIVE YOUR AGENT, YOUR | 21 |
| RIGHT TO REVOKE THOSE POWERS AND THE PENALTIES FOR
VIOLATING | 22 |
| THE LAW ARE EXPLAINED MORE FULLY IN SECTIONS 4-5, 4-6, 4-9 AND
| 23 |
| 4-10(b) OF THE ILLINOIS
"POWERS OF ATTORNEY FOR HEALTH CARE | 24 |
| LAW"
OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM). | 25 |
| THAT LAW
EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF | 26 |
| POWER OF ATTORNEY YOU
MAY DESIRE. IF THERE IS ANYTHING ABOUT |
|
|
|
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LRB096 04093 WGH 18977 b |
|
| 1 |
| THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER | 2 |
| TO EXPLAIN IT TO YOU.)
| 3 |
| POWER OF ATTORNEY made this .......................day of
| 4 |
| ................................
| 5 |
| (month) (year)
| 6 |
| 1. I, ..................................................,
| 7 |
| (insert name and address of principal)
| 8 |
| hereby appoint:
| 9 |
| ............................................................
| 10 |
| (insert name and address of agent)
| 11 |
| as my attorney-in-fact (my "agent") to act for me and in my | 12 |
| name (in any
way I could act in person) to make any and all | 13 |
| decisions for me concerning
my personal care, medical | 14 |
| treatment, hospitalization and health care and to
require, | 15 |
| withhold or withdraw any type of medical treatment or | 16 |
| procedure,
even though my death may ensue. My agent shall have | 17 |
| the same access to my
medical records that I have, including | 18 |
| the right to disclose the contents
to others. My agent shall | 19 |
| also have full power to
authorize an autopsy and direct the | 20 |
| disposition of my remains.
Effective upon my death, my agent | 21 |
| has the full power to make an anatomical
gift of the following | 22 |
| (initial one):
| 23 |
| ....Any organs, tissues, or eyes suitable for | 24 |
| transplantation or used for
research or education.
| 25 |
| ....Specific organs: .................................
| 26 |
| (THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS |
|
|
|
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LRB096 04093 WGH 18977 b |
|
| 1 |
| POSSIBLE SO THAT
YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY | 2 |
| DECISION YOU COULD MAKE TO
OBTAIN OR TERMINATE ANY TYPE OF | 3 |
| HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD
AND WATER AND OTHER | 4 |
| LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH
ACTION | 5 |
| WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH | 6 |
| TO
LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL | 7 |
| RULES OR LIMIT
THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE | 8 |
| AUTOPSY OR DISPOSE OF
REMAINS, YOU MAY DO SO IN THE FOLLOWING | 9 |
| PARAGRAPHS.)
| 10 |
| 2. The powers granted above shall not include the following | 11 |
| powers or
shall be subject to the following rules or | 12 |
| limitations (here you may include
any specific limitations you | 13 |
| deem appropriate, such as: your own
definition of when | 14 |
| life-sustaining measures should be withheld; a direction
to | 15 |
| continue food and fluids or life-sustaining treatment in
all | 16 |
| events; or instructions to refuse
any specific types of | 17 |
| treatment that are inconsistent with your religious
beliefs or | 18 |
| unacceptable to you for any other reason, such as blood
| 19 |
| transfusion, electro-convulsive therapy, amputation, | 20 |
| psychosurgery,
voluntary admission to a mental institution, | 21 |
| etc.):
| 22 |
| .............................................................
| 23 |
| .............................................................
| 24 |
| .............................................................
| 25 |
| .............................................................
| 26 |
| .............................................................
|
|
|
|
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LRB096 04093 WGH 18977 b |
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| 1 |
| (THE SUBJECT OF LIFE-SUSTAINING TREATMENT IS OF PARTICULAR | 2 |
| IMPORTANCE. FOR
YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, | 3 |
| SOME GENERAL STATEMENTS
CONCERNING THE WITHHOLDING OR REMOVAL | 4 |
| OF LIFE-SUSTAINING TREATMENT ARE SET
FORTH BELOW. IF YOU AGREE | 5 |
| WITH ONE OF THESE STATEMENTS, YOU MAY
INITIAL THAT STATEMENT; | 6 |
| BUT DO NOT INITIAL MORE THAN ONE):
| 7 |
| I do not want my life to be prolonged nor do I want | 8 |
| life-sustaining
treatment to be provided or continued if my | 9 |
| agent believes the burdens of
the treatment outweigh the | 10 |
| expected benefits. I want my agent to consider
the relief of | 11 |
| suffering, the expense involved and the quality as well as
the | 12 |
| possible extension of my life in making decisions concerning
| 13 |
| life-sustaining treatment.
| 14 |
| Initialed...........................
| 15 |
| I want my life to be prolonged and I want life-sustaining | 16 |
| treatment to be
provided or continued unless I am in a coma | 17 |
| which my attending physician
believes to be irreversible, in | 18 |
| accordance with reasonable medical
standards at the time of | 19 |
| reference. If and when I have suffered
irreversible coma, I | 20 |
| want life-sustaining treatment to be withheld or
discontinued.
| 21 |
| Initialed...........................
| 22 |
| I want my life to be prolonged to the greatest extent | 23 |
| possible without
regard to my condition, the chances I have for | 24 |
| recovery or the cost of the
procedures.
| 25 |
| Initialed...........................
| 26 |
| (THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN THE |
|
|
|
HB1349 |
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LRB096 04093 WGH 18977 b |
|
| 1 |
| MANNER
PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF | 2 |
| ATTORNEY FOR HEALTH CARE
LAW" (SEE THE BACK OF THIS FORM). | 3 |
| ABSENT AMENDMENT OR
REVOCATION, THE AUTHORITY GRANTED IN THIS
| 4 |
| POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER | 5 |
| IS SIGNED
AND WILL CONTINUE UNTIL YOUR DEATH, AND BEYOND IF | 6 |
| ANATOMICAL GIFT, AUTOPSY
OR DISPOSITION OF REMAINS IS | 7 |
| AUTHORIZED, UNLESS A LIMITATION ON THE
BEGINNING DATE OR | 8 |
| DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR
BOTH OF | 9 |
| THE FOLLOWING:)
| 10 |
| 3. ( ) This power of attorney shall become effective on
| 11 |
| .............................................................
| 12 |
| .............................................................
| 13 |
| (insert a future date or event during your lifetime, such as | 14 |
| court
determination of your disability, when you want this | 15 |
| power to first take
effect)
| 16 |
| 4. ( ) This power of attorney shall terminate on
.......
| 17 |
| .............................................................
| 18 |
| (insert a future date or event, such as court determination of | 19 |
| your
disability, when you want this power to terminate prior to | 20 |
| your death)
| 21 |
| (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND | 22 |
| ADDRESSES OF
SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
| 23 |
| 5. If any agent named by me shall die, become incompetent, | 24 |
| resign,
refuse to accept the office of agent or be unavailable, | 25 |
| I name
the following (each to act alone
and successively, in | 26 |
| the order named) as successors to such agent:
|
|
|
|
HB1349 |
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LRB096 04093 WGH 18977 b |
|
| 1 |
| .............................................................
| 2 |
| .............................................................
| 3 |
| For purposes of this paragraph 5, a person shall be considered | 4 |
| to be
incompetent if and while the person is a minor or an | 5 |
| adjudicated
incompetent or disabled person or the person is | 6 |
| unable to give prompt and
intelligent consideration to health | 7 |
| care matters, as certified by a licensed physician.
(IF YOU | 8 |
| WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON,
IN THE | 9 |
| EVENT A COURT DECIDES
THAT ONE SHOULD BE APPOINTED, YOU MAY, | 10 |
| BUT ARE NOT REQUIRED TO, DO SO BY
RETAINING THE FOLLOWING
| 11 |
| PARAGRAPH. THE COURT
WILL APPOINT YOUR AGENT IF THE COURT FINDS | 12 |
| THAT SUCH
APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND | 13 |
| WELFARE. STRIKE OUT
PARAGRAPH 6 IF YOU DO NOT WANT YOUR AGENT | 14 |
| TO ACT AS GUARDIAN.)
| 15 |
| 6. If a guardian of my person is to be appointed, I | 16 |
| nominate the agent
acting under this power of attorney as such
| 17 |
| guardian, to serve without bond or security.
| 18 |
| 7. I am fully informed as to all the contents of this form | 19 |
| and
understand the full import of this grant of powers to my | 20 |
| agent.
| 21 |
| Signed..............................
| 22 |
| (principal)
| 23 |
| The principal has had an opportunity to read the above form | 24 |
| and has
signed the form or acknowledged his or her signature or | 25 |
| mark on the form in my presence.
| 26 |
| .......................... Residing at......................
|
|
|
|
HB1349 |
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LRB096 04093 WGH 18977 b |
|
| 1 |
| (witness)
| 2 |
| (YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND | 3 |
| SUCCESSOR AGENTS
TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU | 4 |
| INCLUDE SPECIMEN SIGNATURES
IN THIS POWER OF ATTORNEY, YOU MUST | 5 |
| COMPLETE THE CERTIFICATION OPPOSITE THE
SIGNATURES OF THE | 6 |
| AGENTS.)
| 7 |
| Specimen signatures of I certify that the signatures of my
| 8 |
| agent (and successors). agent (and successors) are correct.
| 9 |
| ....................... ...................................
| 10 |
| (agent) (principal)
| 11 |
| ....................... ...................................
| 12 |
| (successor agent) (principal)
| 13 |
| ....................... ...................................
| 14 |
| (successor agent) (principal)"
| 15 |
| (b) The statutory short form power of attorney for health | 16 |
| care (the
"statutory health care power") authorizes the agent | 17 |
| to make any and all
health care decisions on behalf of the | 18 |
| principal which the principal could
make if present and under | 19 |
| no disability, subject to any limitations on the
granted powers | 20 |
| that appear on the face of the form, to be exercised in such
| 21 |
| manner as the agent deems consistent with the intent and | 22 |
| desires of the
principal. The agent will be under no duty to | 23 |
| exercise granted powers or
to assume control of or | 24 |
| responsibility for the principal's health care;
but when | 25 |
| granted powers are exercised, the agent will be required to use
| 26 |
| due care to act for the benefit of the principal in accordance |
|
|
|
HB1349 |
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LRB096 04093 WGH 18977 b |
|
| 1 |
| with the
terms of the statutory health care power and will be | 2 |
| liable
for negligent exercise. The agent may act in person or | 3 |
| through others
reasonably employed by the agent for that | 4 |
| purpose
but may not delegate authority to make health care | 5 |
| decisions. The agent
may sign and deliver all instruments, | 6 |
| negotiate and enter into all
agreements and do all other acts | 7 |
| reasonably necessary to implement the
exercise of the powers | 8 |
| granted to the agent. Without limiting the
generality of the | 9 |
| foregoing, the statutory health care power shall include
the | 10 |
| following powers, subject to any limitations appearing on the | 11 |
| face of the form:
| 12 |
| (1) The agent is authorized to give consent to and | 13 |
| authorize or refuse,
or to withhold or withdraw consent to, | 14 |
| any and all types of medical care,
treatment or procedures | 15 |
| relating to the physical or mental health of the
principal, | 16 |
| including any medication program, surgical procedures,
| 17 |
| life-sustaining treatment or provision of food and fluids | 18 |
| for the principal.
| 19 |
| (2) The agent is authorized to admit the principal to | 20 |
| or discharge the
principal from any and all types of | 21 |
| hospitals, institutions, homes,
residential or nursing | 22 |
| facilities, treatment centers and other health care
| 23 |
| institutions providing personal care or treatment for any | 24 |
| type of physical
or mental condition. The agent shall have | 25 |
| the same right to visit the
principal in the hospital or | 26 |
| other institution as is granted to a spouse or
adult child |
|
|
|
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LRB096 04093 WGH 18977 b |
|
| 1 |
| of the principal, any rule of the institution to the | 2 |
| contrary
notwithstanding.
| 3 |
| (3) The agent is authorized to contract for any and all | 4 |
| types of health
care services and facilities in the name of | 5 |
| and on behalf of the principal
and to bind the principal to | 6 |
| pay for all such services and facilities,
and to have and | 7 |
| exercise those powers over the principal's property as are
| 8 |
| authorized under the statutory property power, to the | 9 |
| extent the agent
deems necessary to pay health care costs; | 10 |
| and
the agent shall not be personally liable for any | 11 |
| services or care contracted
for on behalf of the principal.
| 12 |
| (4) At the principal's expense and subject to | 13 |
| reasonable rules of the
health care provider to prevent | 14 |
| disruption of the principal's health care,
the agent shall | 15 |
| have the same right the principal has to examine and copy
| 16 |
| and consent to disclosure of all the principal's medical | 17 |
| records that the agent deems
relevant to the exercise of | 18 |
| the agent's powers, whether the records
relate to mental | 19 |
| health or any other medical condition and whether they are | 20 |
| in
the possession of or maintained by any physician, | 21 |
| psychiatrist,
psychologist, therapist, hospital, nursing | 22 |
| home or other health care
provider.
| 23 |
| (5) The agent is authorized: to direct that an autopsy | 24 |
| be made pursuant
to Section 2 of "An Act in relation to | 25 |
| autopsy of dead bodies", approved
August 13, 1965, | 26 |
| including all amendments;
to make a disposition of any
part |
|
|
|
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LRB096 04093 WGH 18977 b |
|
| 1 |
| or all of the principal's body pursuant to the Illinois | 2 |
| Anatomical Gift
Act or the Revised Uniform Anatomical Gift | 3 |
| Act , as now or hereafter amended ; and to direct the | 4 |
| disposition of the
principal's remains.
| 5 |
| (Source: P.A. 93-794, eff. 7-22-04.)
| 6 |
| Section 27. (Blank).
|
|
|
|
HB1349 |
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LRB096 04093 WGH 18977 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| New Act |
|
| 4 |
| 755 ILCS 50/Act rep. |
|
| 5 |
| 20 ILCS 2310/2310-330 |
was 20 ILCS 2310/55.46 |
| 6 |
| 210 ILCS 85/6.16 |
|
| 7 |
| 210 ILCS 85/10.4 |
from Ch. 111 1/2, par. 151.4 |
| 8 |
| 410 ILCS 305/7 |
from Ch. 111 1/2, par. 7307 |
| 9 |
| 625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
| 10 |
| 625 ILCS 5/6-117 |
from Ch. 95 1/2, par. 6-117 |
| 11 |
| 720 ILCS 5/12-20 |
from Ch. 38, par. 12-20 |
| 12 |
| 720 ILCS 5/12-20.5 |
|
| 13 |
| 755 ILCS 45/4-7 |
from Ch. 110 1/2, par. 804-7 |
| 14 |
| 755 ILCS 45/4-10 |
from Ch. 110 1/2, par. 804-10 |
| |
|