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Public Act 102-0096


 

Public Act 0096 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0096
 
SB0363 EnrolledLRB102 03894 CPF 13909 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Secretary of State Act is amended by adding
Section 35 as follows:
 
    (15 ILCS 305/35 new)
    Sec. 35. Task Force on Best Practices and Licensing of
Non-Transplant Organ Donation Organizations.
    (a) The General Assembly finds and declares that:
        (1) Non-transplant organ donation organizations that
    accept or process whole body donations or body parts not
    for transplantation owe a duty of transparency and
    safekeeping to the donor and his or her next of kin.
    Medical and scientific research is critical to a continued
    understanding of the human body, disease, and training the
    next generation of medical professionals, funeral home
    directors, coroners, and mortuary students. Non-transplant
    organ donation organizations do not include organizations
    that receive body parts for the purposes of
    transplantation.
        (2) Recently, non-transplant organizations that
    receive or process whole body donation or body part
    donation not for transplantation purposes, have misused or
    mishandled donor bodies and body parts.
        (3) Neither State nor federal law adequately regulates
    this industry.
    (b) As used in this Section, "Task Force" means the Task
Force on Best Practices and Licensing of Non-Transplant Organ
Donation Organizations.
    (c) There is created a Task Force on Best Practices and
Licensing of Non-Transplant Organ Donation Organizations to
review and report on national standards for best practices in
relation to the licensing and regulation of organizations that
solicit or accept non-transplantation whole bodies and body
parts, including licensing standards, State regulation,
identification of bodies and body parts, and sanctions. The
goal of the Task Force is to research the industry,
investigate State and local standards, and provide
recommendations to the General Assembly and Office of the
Governor.
    (d) The Task Force's report shall include, but not be
limited to, standards for organizations that accept whole body
and body part donation, the application process for licensure,
best practices regarding consent, the identification,
labeling, handling and return of bodies and body parts to
ensure proper end-use and return to the next of kin, and best
practices for ensuring donors and next of kin are treated with
transparency and dignity. The report shall also evaluate and
make a recommendation as to the area of State government most
appropriate for licensing organizations and regulation of the
industry. The report shall also make a recommendation on
legislation to enact the findings of the Task Force.
    (e) The Task Force shall meet no less than 5 times between
the effective date of this amendatory Act of the 102nd General
Assembly and December 31, 2021. The Task Force shall prepare a
report that summarizes its work and makes recommendations
resulting from its review. The Task Force shall submit the
report of its findings and recommendations to the Governor and
General Assembly no later than January 15, 2022.
    (f) The Task Force shall consist of the following 8
members:
        (1) the Secretary of State or his or her designee;
        (2) one member appointed by the Secretary of State
    from the Department of Organ Donor of the Office of the
    Secretary of State;
        (3) one member appointed by the President of the
    Senate;
        (4) one member appointed by the Minority Leader of the
    Senate;
        (5) one member appointed by the Speaker of the House
    of Representatives;
        (6) one member appointed by the Minority Leader of the
    House of Representatives;
        (7) one member appointed by the Director of Public
    Health; and
        (8) one member from a University or Mortuary School
    that has experience in receiving whole body donations,
    appointed by the Governor.
    (g) The Secretary of State shall designate which member
shall serve as chairperson and facilitate the Task Force. The
members of the Task Force shall be appointed no later than 90
days after the effective date of this amendatory Act of the
102nd General Assembly. Vacancies in the membership of the
Task Force shall be filled in the same manner as the original
appointment. The members of the Task Force shall not receive
compensation for serving as members of the Task Force.
    (h) The Office of the Secretary of State shall provide the
Task Force with administrative and other support.
    (i) This Section is repealed on July 1, 2022.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021