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91_HB2783
LRB9100322SMdv
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.
19 (c) The court shall accord priority on its calendar and
20 handle expeditiously any action brought to seek any remedy
21 authorized by law for purposes of enforcing compliance with
22 this Section.
23 (d) This Section shall not be deemed to require
24 referrals or recommendations for or the performance of
25 medically inappropriate organ transplants.
26 (e) As used in this Section "disability" has the same
27 meaning as in the federal Americans with Disabilities Act of
28 1990 (42 U.S.C. 12101 et seq., Public Law 101-336).