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90_HB2421
755 ILCS 50/4.5 new
Amends the Uniform Anatomical Gift Act. Provides that no
hospital, physician and surgeon, bank or storage facility,
or other person shall determine the ultimate recipient of an
anatomical gift based upon a potential recipient's physical
or mental disability, except in cases where the physical or
mental disability has been found by a physician and surgeon
to be medically significant to the provision of the
anatomical gift. Provides that the person with a physical or
mental disability shall not be required to demonstrate
postoperative independent living abilities in order to have
access to a transplant if there is evidence that the person
will have sufficient, compensatory support and assistance.
Provides that the court shall accord priority on its calendar
and handle expeditiously any action brought to seek any
remedy authorized by law for purposes of enforcing compliance
with these provisions and that these provisions shall not be
deemed to require the performance of medically inappropriate
organ transplants.
LRB9007919SMpk
LRB9007919SMpk
1 AN ACT to amend the Uniform Anatomical Gift Act by adding
2 Section 4.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Anatomical Gift Act is amended by
6 adding Section 4.5 as follows:
7 (755 ILCS 50/4.5 new)
8 Sec. 4.5. Disability of recipient.
9 (a) No hospital, physician and surgeon, bank or storage
10 facility, or other person shall determine the ultimate
11 recipient of an anatomical gift based upon a potential
12 recipient's physical or mental disability, except to the
13 extent that the physical or mental disability has been found
14 by a physician and surgeon, following a case-by-case
15 evaluation of the potential recipient, to be medically
16 significant to the provision of the anatomical gift.
17 (b) Subsection (a) shall apply to each part of the organ
18 transplant process. The organ transplant process includes,
19 but is not limited to, the following:
20 (1) The referral from a primary care provider to a
21 specialist.
22 (2) The referral from a specialist to a transplant
23 center.
24 (3) The evaluation of the patient for the transplant
25 by the transplant center.
26 (4) The consideration of the patient for placement
27 on the official waiting list.
28 (c) A person with a physical or mental disability shall
29 not be required to demonstrate postoperative independent
30 living abilities in order to have access to a transplant if
31 there is evidence that the person will have sufficient,
-2- LRB9007919SMpk
1 compensatory support and assistance.
2 (d) The court shall accord priority on its calendar and
3 handle expeditiously any action brought to seek any remedy
4 authorized by law for purposes of enforcing compliance with
5 this Section.
6 (e) This Section shall not be deemed to require referrals
7 or recommendations for or the performance of medically
8 inappropriate organ transplants.
9 (f) As used in this Section "disability" has the same
10 meaning as in the federal Americans with Disabilities Act of
11 1990 (42 U.S.C. 12101 et seq., Public Law 101-336).