Full Text of HB5299 101st General Assembly
HB5299 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5299 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Anatomical Gift Act. Provides that an anatomical gift may be made, for the training of search and rescue canines, to a person operating within a State agency, emergency management agency, or local law enforcement agency.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Anatomical Gift Act is amended by | 5 | | changing Section 5-12 as follows: | 6 | | (755 ILCS 50/5-12) | 7 | | Sec. 5-12. Persons who may receive an anatomical gift; | 8 | | purpose of anatomical gift. | 9 | | (a) An anatomical gift may be made to the following persons | 10 | | named in the document of gift: | 11 | | (1) for research or education, a hospital; an | 12 | | accredited medical school, dental school, college, or | 13 | | university; an organ procurement organization; or other | 14 | | appropriate person; | 15 | | (2) subject to subsection (b) of this Section, an | 16 | | individual designated by the person making the anatomical | 17 | | gift if the individual is the recipient of the part; | 18 | | (3) an eye bank or tissue bank; or | 19 | | (4) for research or education, a non-transplant | 20 | | anatomic bank ; or . | 21 | | (5) for the training of search and rescue canines, a | 22 | | person operating within a State agency, emergency | 23 | | management agency, or local law enforcement agency. |
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| 1 | | (b) If an anatomical gift to an individual under item (2) | 2 | | of subsection (a) of this Section cannot be transplanted into | 3 | | the individual, the part passes in accordance with subsection | 4 | | (g) of this Section unless there is an express, contrary | 5 | | indication by the person making the anatomical gift. | 6 | | (c) If an anatomical gift of one or more specific parts or | 7 | | of all parts is made in a document of gift that does not name a | 8 | | person described in subsection (a) of this Section, but | 9 | | identifies the purpose for which an anatomical gift may be | 10 | | used, the following rules apply: | 11 | | (1) If the part is an eye and the gift is for the | 12 | | purpose of transplantation or therapy, the gift passes to | 13 | | the appropriate eye bank. | 14 | | (2) If the part is tissue and the gift is for the | 15 | | purpose of transplantation or therapy, the gift passes to | 16 | | the appropriate tissue bank. | 17 | | (3) If the part is an organ and the gift is for the | 18 | | purpose of transplantation or therapy, the gift passes to | 19 | | the appropriate organ procurement organization as | 20 | | custodian of the organ. | 21 | | (4) If the part is an organ, an eye, or tissue and the | 22 | | gift is for the purpose of research or education, the gift | 23 | | passes to the appropriate procurement organization. | 24 | | (d) For the purpose of subsection (c) of this Section, if | 25 | | there is more than one purpose of an anatomical gift set forth | 26 | | in the document of gift but the purposes are not set forth in |
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| 1 | | any priority, and if the gift cannot be used for | 2 | | transplantation or therapy, the gift may be used for research | 3 | | or education. | 4 | | (e) If an anatomical gift of one or more specific parts is | 5 | | made in a document of gift that does not name a person | 6 | | described in subsection (a) of this Section and does not | 7 | | identify the purpose of the gift, the gift may be used only for | 8 | | transplantation or therapy or research, and the gift passes in | 9 | | accordance with subsection (g) of this Section. | 10 | | (f) If a document of gift specifies only a general intent | 11 | | to make an anatomical gift by words such as "donor", "organ | 12 | | donor", or "body donor", or by a symbol or statement of similar | 13 | | import, the gift may be used only for transplantation or | 14 | | therapy or research, and the gift passes in accordance with | 15 | | subsection (g) of this Section. | 16 | | (g) For purposes of subsections (b), (e), and (f) of this | 17 | | Section, the following rules apply: | 18 | | (1) If the part is an eye, the gift passes to the | 19 | | appropriate eye bank. | 20 | | (2) If the part is tissue, the gift passes to the | 21 | | appropriate tissue bank. | 22 | | (3) If the part is an organ, the gift passes to the | 23 | | appropriate organ procurement organization as custodian of | 24 | | the organ. | 25 | | (h) An anatomical gift of an organ for transplantation or | 26 | | therapy, other than an anatomical gift under item (2) of |
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| 1 | | subsection (a) of this Section, passes to the organ procurement | 2 | | organization as custodian of the organ. | 3 | | (i) If an anatomical gift does not pass under this Section | 4 | | or the decedent's body or part is not used for transplantation, | 5 | | therapy, research, or education, custody of the body or part | 6 | | passes to the person under obligation to dispose of the body or | 7 | | part. | 8 | | (j) A person may not accept an anatomical gift if the | 9 | | person knows that the gift was not effectively made under | 10 | | Section 5-5 or subsection (e) or (e-5) of Section 5-20 or if | 11 | | the person knows that the decedent made a refusal under Section | 12 | | 5-43 that was not revoked. | 13 | | (k) Except as otherwise provided in item (2) of subsection | 14 | | (a) of this Section, nothing in this Act affects the allocation | 15 | | of organs for transplantation or therapy.
| 16 | | (Source: P.A. 98-172, eff. 1-1-14.)
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