093_SB1412

 
                                     LRB093 10132 LCB 10385 b

 1        AN ACT concerning anatomical gifts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Department of Public  Health  Powers  and
 5    Duties  Law  of  the Civil Administrative Code of Illinois is
 6    amended by changing Section 2310-330 as follows:

 7        (20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
 8        Sec. 2310-330.  Sperm and tissue bank registry; AIDS test
 9    for donors; penalties.
10        (a) The Department shall  establish  a  registry  of  all
11    sperm  banks  and  tissue banks operating in this State.  All
12    sperm banks and tissue banks operating in  this  State  shall
13    register  with  the  Department  by  May 1 of each year.  Any
14    person, hospital, clinic, corporation, partnership, or  other
15    legal  entity  that  operates  a sperm bank or tissue bank in
16    this State and fails to register with the Department pursuant
17    to this Section commits  a  business  offense  and  shall  be
18    subject to a fine of $5000.
19        (b)  All  donors  of  semen  for  purposes  of artificial
20    insemination, or donors of corneas, bones, organs,  or  other
21    human  tissue  for  the purpose of injecting, transfusing, or
22    transplanting any of them in the human body, shall be  tested
23    for  evidence  of  exposure  to  human immunodeficiency virus
24    (HIV) and any other identified causative  agent  of  acquired
25    immunodeficiency  syndrome (AIDS) at the time of or after the
26    donation but prior to the semen, corneas, bones,  organs,  or
27    other  human  tissue  being  made  available  for  that  use.
28    However,  when  in  the opinion of the attending physician of
29    the recipient the life of a recipient of a  bone,  organ,  or
30    other  human  tissue  donation would be jeopardized by delays
31    caused by testing for evidence of exposure  to  HIV  and  any
 
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 1    other causative agent of AIDS, testing shall not be required.
 2        (c)  No  person may intentionally, knowingly, recklessly,
 3    or negligently use the  semen,  corneas,  bones,  organs,  or
 4    other  human  tissue  of  a  donor unless the requirements of
 5    subsection (b) have been met.  No person  may  intentionally,
 6    knowingly, recklessly, or negligently use the semen, corneas,
 7    bones,  organs,  or  other  human  tissue  of a donor who has
 8    tested positive for exposure to HIV or any  other  identified
 9    causative  agent  of  AIDS.  Violation of this subsection (c)
10    shall be a Class 4 felony.
11        (d)  For the purposes of  this  Section,  "human  tissue"
12    shall  not  be construed to mean organs or whole blood or its
13    component parts.
14        For the purposes of this Section, "tissue bank"  has  the
15    same  meaning  as  set  forth in the Illinois Anatomical Gift
16    Act. means any  facility  or  program  that  is  involved  in
17    procuring,  furnishing, donating, processing, or distributing
18    corneas, bones, organs, or other human tissue for the purpose
19    of injecting, transfusing, or transplanting any  of  them  in
20    the human body.
21    (Source: P.A. 91-239, eff. 1-1-00.)

22        Section  10.   The  School  Code  is  amended by changing
23    Section 27-23.5 as follows:

24        (105 ILCS 5/27-23.5)
25        Sec.  27-23.5.  Organ/tissue  donor  and  transplantation
26    programs.  Each school district that maintains grades  9  and
27    10 may include in its curriculum and teach to the students of
28    either  such  grade  one  unit of instruction on organ/tissue
29    donor and transplantation  programs.   No  student  shall  be
30    required   to   take   or   participate   in  instruction  on
31    organ/tissue donor and transplantation programs if  a  parent
32    or guardian files written objection thereto on constitutional
 
                            -3-      LRB093 10132 LCB 10385 b
 1    grounds,   and   refusal  to  take  or  participate  in  such
 2    instruction  on  those  grounds  shall  not  be  reason   for
 3    suspension  or  expulsion  of  a  student  or  result  in any
 4    academic penalty.
 5        The regional superintendent of schools in which a  school
 6    district  that  maintains  grades  9  and 10 is located shall
 7    obtain and distribute make available to each  the  school  in
 8    his  or  her  board of the district information and data that
 9    may be used by the school district in developing  a  unit  of
10    instruction  under  this Section.  However, each school board
11    shall determine the minimum amount of instructional time that
12    shall  qualify  as  a  unit  of  instruction  satisfying  the
13    requirements of this Section.
14    (Source: P.A. 90-635, eff. 7-24-98.)

15        Section 15.  The Hospital Licensing  Act  is  amended  by
16    changing Sections 6.16 and 10.4 as follows:

17        (210 ILCS 85/6.16)
18        Sec.  6.16.   Agreement with designated organ procurement
19    agency.  Each hospital licensed under this Act shall have  an
20    agreement  with  its  federally  designated organ procurement
21    agency providing for notification of  the  organ  procurement
22    agency  when  potential  organ  donors  become  available, as
23    required in Section 5-25 of the Illinois Anatomical Gift  Act
24    2 of the Organ Donation Request Act.
25    (Source: P.A. 89-393, eff. 8-20-95.)

26        (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
27        Sec. 10.4. Medical staff privileges.
28        (a)  Any hospital licensed under this Act or any hospital
29    organized  under  the  University  of  Illinois  Hospital Act
30    shall, prior to the granting of any medical staff  privileges
31    to an applicant, or renewing a current medical staff member's
 
                            -4-      LRB093 10132 LCB 10385 b
 1    privileges,   request   of   the   Director  of  Professional
 2    Regulation information concerning the  licensure  status  and
 3    any  disciplinary  action  taken  against  the applicant's or
 4    medical staff member's license, except for medical  personnel
 5    who  enter  a  hospital  to  obtain  organs  and  tissues for
 6    transplant from a  deceased  donor  in  accordance  with  the
 7    Illinois   Uniform  Anatomical  Gift  Act.  The  Director  of
 8    Professional Regulation shall transmit, in writing and  in  a
 9    timely fashion, such information regarding the license of the
10    applicant  or  the medical staff member, including the record
11    of imposition of any periods of supervision or monitoring  as
12    a  result  of  alcohol  or  substance  abuse,  as provided by
13    Section 23 of the Medical Practice  Act  of  1987,  and  such
14    information  as  may  have  been  submitted to the Department
15    indicating that the application or medical staff  member  has
16    been  denied, or has surrendered, medical staff privileges at
17    a  hospital  licensed  under  this  Act,  or  any  equivalent
18    facility in another state or territory of the United  States.
19    The  Director of Professional Regulation shall define by rule
20    the period for timely response to such requests.
21        No  transmittal  of  information  by  the   Director   of
22    Professional Regulation, under this Section shall be to other
23    than   the   president,   chief   operating   officer,  chief
24    administrative officer, or chief of the medical  staff  of  a
25    hospital  licensed under this Act, a hospital organized under
26    the University  of  Illinois  Hospital  Act,  or  a  hospital
27    operated    by   the   United   States,   or   any   of   its
28    instrumentalities.  The information so transmitted  shall  be
29    afforded the same status as is information concerning medical
30    studies  by  Part  21  of  Article  VIII of the Code of Civil
31    Procedure, as now or hereafter amended.
32        (b)  All hospitals licensed under this Act, except county
33    hospitals as defined in subsection (c) of Section 15-1 of the
34    Illinois Public Aid Code, shall comply with, and the  medical
 
                            -5-      LRB093 10132 LCB 10385 b
 1    staff   bylaws   of   these  hospitals  shall  include  rules
 2    consistent with, the provisions of this Section in  granting,
 3    limiting,  renewing,  or denying medical staff membership and
 4    clinical staff privileges.  Hospitals  that  require  medical
 5    staff  members  to  possess  faculty  status  with a specific
 6    institution of higher education are not  required  to  comply
 7    with subsection (1) below when the physician does not possess
 8    faculty status.
 9             (1)  Minimum   procedures   for  pre-applicants  and
10        applicants for medical staff membership shall include the
11        following:
12                  (A)  Written   procedures   relating   to   the
13             acceptance  and  processing  of  pre-applicants   or
14             applicants   for  medical  staff  membership,  which
15             should be contained in medical staff bylaws.
16                  (B)  Written  procedures  to  be  followed   in
17             determining  a  pre-applicant's  or  an  applicant's
18             qualifications   for  being  granted  medical  staff
19             membership and privileges.
20                  (C)  Written  criteria  to   be   followed   in
21             evaluating   a  pre-applicant's  or  an  applicant's
22             qualifications.
23                  (D)  An evaluation of a pre-applicant's  or  an
24             applicant's   current   health  status  and  current
25             license status in Illinois.
26                  (E)  A written response to  each  pre-applicant
27             or applicant that explains the reason or reasons for
28             any adverse decision (including all reasons based in
29             whole   or   in  part  on  the  applicant's  medical
30             qualifications  or  any   other   basis,   including
31             economic factors).
32             (2)  Minimum  procedures  with  respect  to  medical
33        staff  and  clinical  privilege determinations concerning
34        current members of the medical staff  shall  include  the
 
                            -6-      LRB093 10132 LCB 10385 b
 1        following:
 2                  (A)  A written notice of an adverse decision.
 3                  (B)  An  explanation  of  the  reasons  for  an
 4             adverse  decision including all reasons based on the
 5             quality  of  medical  care  or  any   other   basis,
 6             including economic factors.
 7                  (C)  A  statement of the medical staff member's
 8             right to request  a  fair  hearing  on  the  adverse
 9             decision  before a hearing panel whose membership is
10             mutually agreed upon by the medical  staff  and  the
11             hospital  governing  board.  The hearing panel shall
12             have independent authority to  recommend  action  to
13             the  hospital  governing  board. Upon the request of
14             the medical staff member or the  hospital  governing
15             board,   the   hearing  panel  shall  make  findings
16             concerning the nature of each basis for any  adverse
17             decision recommended to and accepted by the hospital
18             governing board.
19                       (i)  Nothing   in  this  subparagraph  (C)
20                  limits a hospital's or medical staff's right to
21                  summarily suspend, without a prior  hearing,  a
22                  person's  medical  staff membership or clinical
23                  privileges if the continuation of practice of a
24                  medical staff member constitutes  an  immediate
25                  danger   to  the  public,  including  patients,
26                  visitors, and hospital employees and  staff.  A
27                  fair  hearing shall be commenced within 15 days
28                  after  the  suspension  and  completed  without
29                  delay.
30                       (ii)  Nothing  in  this  subparagraph  (C)
31                  limits a medical staff's right  to  permit,  in
32                  the medical staff bylaws, summary suspension of
33                  membership or clinical privileges in designated
34                  administrative  circumstances  as  specifically
 
                            -7-      LRB093 10132 LCB 10385 b
 1                  approved  by  the  medical  staff.  This  bylaw
 2                  provision  must  specifically describe both the
 3                  administrative circumstance that can result  in
 4                  a  summary  suspension  and  the  length of the
 5                  summary suspension. The opportunity for a  fair
 6                  hearing  is  required  for  any  administrative
 7                  summary  suspension. Any requested hearing must
 8                  be commenced within 15 days after  the  summary
 9                  suspension and completed without delay. Adverse
10                  decisions   other   than  suspension  or  other
11                  restrictions on the treatment or  admission  of
12                  patients may be imposed summarily and without a
13                  hearing    under    designated   administrative
14                  circumstances as specifically provided  for  in
15                  the  medical  staff  bylaws  as approved by the
16                  medical staff.
17                       (iii)  If a hospital exercises its  option
18                  to  enter  into  an exclusive contract and that
19                  contract  results  in  the  total  or   partial
20                  termination   or  reduction  of  medical  staff
21                  membership or clinical privileges of a  current
22                  medical   staff   member,  the  hospital  shall
23                  provide the affected medical  staff  member  60
24                  days  prior  notice of the effect on his or her
25                  medical  staff  membership  or  privileges.  An
26                  affected  medical  staff  member   desiring   a
27                  hearing   under   subparagraph   (C)   of  this
28                  paragraph (2) must request the  hearing  within
29                  14  days  after  the  date  he  or  she  is  so
30                  notified.   The   requested  hearing  shall  be
31                  commenced and  completed  (with  a  report  and
32                  recommendation  to  the  affected medical staff
33                  member, hospital governing board,  and  medical
34                  staff)  within  30  days  after the date of the
 
                            -8-      LRB093 10132 LCB 10385 b
 1                  medical staff member's request. If agreed  upon
 2                  by  both  the  medical  staff  and the hospital
 3                  governing board, the medical staff  bylaws  may
 4                  provide for longer time periods.
 5                  (D)  A  statement  of  the  member's  right  to
 6             inspect  all pertinent information in the hospital's
 7             possession with respect to the decision.
 8                  (E)  A  statement  of  the  member's  right  to
 9             present witnesses and other evidence at the  hearing
10             on the decision.
11                  (F)  A  written  notice and written explanation
12             of the decision resulting from the hearing.
13                  (F-5)  A written  notice  of  a  final  adverse
14             decision by a hospital governing board.
15                  (G)  Notice given 15 days before implementation
16             of  an  adverse medical staff membership or clinical
17             privileges decision based substantially on  economic
18             factors.  This  notice  shall  be  given  after  the
19             medical   staff   member   exhausts  all  applicable
20             procedures under this Section, including item  (iii)
21             of subparagraph (C) of this paragraph (2), and under
22             the   medical   staff   bylaws  in  order  to  allow
23             sufficient time for the orderly provision of patient
24             care.
25                  (H)  Nothing in  this  paragraph  (2)  of  this
26             subsection (b) limits a medical staff member's right
27             to   waive,  in  writing,  the  rights  provided  in
28             subparagraphs (A) through (G) of this paragraph  (2)
29             of  this  subsection  (b)  upon  being  granted  the
30             written   exclusive   right  to  provide  particular
31             services at a hospital, either individually or as  a
32             member  of  a  group.  If  an  exclusive contract is
33             signed by a representative of a group of physicians,
34             a waiver contained in the contract  shall  apply  to
 
                            -9-      LRB093 10132 LCB 10385 b
 1             all  members of the group unless stated otherwise in
 2             the contract.
 3             (3)  Every  adverse  medical  staff  membership  and
 4        clinical  privilege  decision  based   substantially   on
 5        economic  factors  shall  be  reported  to  the  Hospital
 6        Licensing  Board before the decision takes effect.  These
 7        reports shall not be disclosed in any form  that  reveals
 8        the identity of any hospital or physician.  These reports
 9        shall  be  utilized  to  study  the effects that hospital
10        medical staff membership and clinical privilege decisions
11        based upon economic factors have on access  to  care  and
12        the  availability  of  physician  services.  The Hospital
13        Licensing Board shall submit  an  initial  study  to  the
14        Governor and the General Assembly by January 1, 1996, and
15        subsequent   reports   shall  be  submitted  periodically
16        thereafter.
17             (4)  As used in this Section:
18             "Adverse  decision"  means  a   decision   reducing,
19        restricting,   suspending,   revoking,  denying,  or  not
20        renewing medical staff membership or clinical privileges.
21             "Economic factor" means any information  or  reasons
22        for   decisions   unrelated   to   quality   of  care  or
23        professional competency.
24             "Pre-applicant"  means  a  physician   licensed   to
25        practice  medicine  in  all  its branches who requests an
26        application for medical staff membership or privileges.
27             "Privilege" means permission to provide  medical  or
28        other   patient  care  services  and  permission  to  use
29        hospital resources, including equipment,  facilities  and
30        personnel  that  are  necessary  to  effectively  provide
31        medical  or  other patient care services. This definition
32        shall not be construed to require a hospital  to  acquire
33        additional   equipment,   facilities,   or  personnel  to
34        accommodate the granting of privileges.
 
                            -10-     LRB093 10132 LCB 10385 b
 1             (5)  Any amendment to medical staff bylaws  required
 2        because  of  this  amendatory  Act  of  the  91st General
 3        Assembly shall be adopted on or before July 1, 2001.
 4        (c)  All hospitals shall consult with the  medical  staff
 5    prior  to  closing membership in the entire or any portion of
 6    the medical staff or a department.  If  the  hospital  closes
 7    membership  in  the medical staff, any portion of the medical
 8    staff, or the department over the objections of  the  medical
 9    staff,  then  the  hospital  shall provide a detailed written
10    explanation for the decision to the  medical  staff  10  days
11    prior  to the effective date of any closure.  No applications
12    need to be provided when membership in the medical  staff  or
13    any relevant portion of the medical staff is closed.
14    (Source:  P.A.  90-14,  eff.  7-1-97;  90-149,  eff.  1-1-98;
15    90-655, eff. 7-30-98; 91-166, eff. 1-1-00.)

16        Section  20.   The AIDS Confidentiality Act is amended by
17    changing Section 7 as follows:

18        (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
19        Sec. 7.  (a)  Notwithstanding the provisions of  Sections
20    4,  5  and  6  of  this  Act, written informed consent is not
21    required for a health care provider  or  health  facility  to
22    perform  a  test  when  the  health  care  provider or health
23    facility procures, processes, distributes  or  uses  a  human
24    body  part donated for a purpose specified under the Illinois
25    Uniform Anatomical Gift Act, or semen provided prior  to  the
26    effective  date  of  this  Act  for the purpose of artificial
27    insemination, and such a test is necessary to assure  medical
28    acceptability   of  such  gift  or  semen  for  the  purposes
29    intended.
30        (b)  Written informed  consent  is  not  required  for  a
31    health  care  provider  or  health facility to perform a test
32    when a health care provider or employee of a health facility,
 
                            -11-     LRB093 10132 LCB 10385 b
 1    or a firefighter or an EMT-A, EMT-I or EMT-P, is involved  in
 2    an accidental direct skin or mucous membrane contact with the
 3    blood  or bodily fluids of an individual which is of a nature
 4    that may transmit HIV, as determined by a  physician  in  his
 5    medical judgment.  Should such test prove to be positive, the
 6    patient   and  the  health  care  provider,  health  facility
 7    employee,  firefighter,  EMT-A,  EMT-I,  or  EMT-P  shall  be
 8    provided appropriate counseling consistent with this Act.
 9        (c)  Written informed  consent  is  not  required  for  a
10    health  care  provider  or  health facility to perform a test
11    when a law enforcement officer is involved  in  the  line  of
12    duty  in  a  direct  skin or mucous membrane contact with the
13    blood or bodily fluids of an individual which is of a  nature
14    that  may  transmit  HIV, as determined by a physician in his
15    medical judgment.  Should such test prove to be positive, the
16    patient shall be provided appropriate  counseling  consistent
17    with  this  Act.   For  purposes of this subsection (c), "law
18    enforcement officer" means any person employed by the  State,
19    a  county  or  a  municipality as a policeman, peace officer,
20    auxiliary policeman, correctional officer  or  in  some  like
21    position  involving the enforcement of the law and protection
22    of the public interest at the risk of that person's life.
23    (Source: P.A. 86-887; 86-891; 86-1028; 87-459.)

24        Section 25.  The Illinois  Vehicle  Code  is  amended  by
25    changing Sections 6-110 and 12-215 as follows:

26        (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
27        Sec. 6-110.  Licenses issued to drivers.
28        (a)  The   Secretary   of  State  shall  issue  to  every
29    qualifying applicant a driver's license as applied for, which
30    license shall bear a distinguishing number  assigned  to  the
31    licensee, the name, social security number, zip code, date of
32    birth,  address, and a brief description of the licensee, and
 
                            -12-     LRB093 10132 LCB 10385 b
 1    a space where the licensee may write his usual signature.
 2        If the licensee is less than 17 years of age, the license
 3    shall, as a matter of law, be invalid for  the  operation  of
 4    any  motor vehicle during any time the licensee is prohibited
 5    from being on any street or highway under the  provisions  of
 6    the Child Curfew Act.
 7        Licenses  issued  shall  also indicate the classification
 8    and the restrictions under Section 6-104 of this Code.
 9        In lieu of the social security number, the Secretary  may
10    in  his  discretion  substitute a federal tax number or other
11    distinctive number.
12        A driver's license issued may, in the discretion  of  the
13    Secretary, include a suitable photograph of a type prescribed
14    by the Secretary.
15        (b)  The Secretary of State shall provide a format on the
16    reverse  of  each  driver's license issued which the licensee
17    may use to execute a  document  of  gift  conforming  to  the
18    provisions  of  the Illinois Uniform Anatomical Gift Act. The
19    format  shall  allow  the  licensee  to  indicate  the   gift
20    intended,  whether  specific organs, any organ, or the entire
21    body, and shall accommodate the signatures of the donor and 2
22    witnesses.  The Secretary shall also inform each applicant or
23    licensee of this  format,  describe  the  procedure  for  its
24    execution,  and  may  offer the necessary witnesses; provided
25    that in so doing, the Secretary shall advise the applicant or
26    licensee that he or she is under no compulsion to  execute  a
27    document  of  gift.  A  brochure  explaining  this  method of
28    executing an anatomical gift document shall be given to  each
29    applicant   or  licensee.   The  brochure  shall  advise  the
30    applicant or licensee that he or she is under  no  compulsion
31    to execute a document of gift, and that he or she may wish to
32    consult  with  family, friends or clergy before doing so. The
33    Secretary  of  State  may   undertake   additional   efforts,
34    including  education  and  awareness  activities,  to promote
 
                            -13-     LRB093 10132 LCB 10385 b
 1    organ and tissue donation.
 2        (c)  The Secretary  of  State  shall  designate  on  each
 3    driver's  license issued a space where the licensee may place
 4    a sticker or decal of the uniform size as the  Secretary  may
 5    specify,  which  sticker or decal may indicate in appropriate
 6    language that the owner of the license carries  an  Emergency
 7    Medical Information Card.
 8        The  sticker  may  be  provided  by any person, hospital,
 9    school, medical group, or association interested in assisting
10    in implementing the Emergency Medical Information  Card,  but
11    shall meet the specifications as the Secretary may by rule or
12    regulation require.
13        (d)  The  Secretary  of  State  shall  designate  on each
14    driver's license  issued  a  space  where  the  licensee  may
15    indicate his blood type and RH factor.
16        (e)  The  Secretary  of  State  shall  provide  that each
17    original or renewal driver's license  issued  to  a  licensee
18    under  21  years  of  age  shall be of a distinct nature from
19    those driver's licenses issued to individuals 21 years of age
20    and older. The color designated  for  driver's  licenses  for
21    licensees under 21 years of age shall be at the discretion of
22    the Secretary of State.
23        (e-1)  The  Secretary  shall  provide  that each driver's
24    license issued to a person under the age of 21  displays  the
25    date  upon  which  the person becomes 18 years of age and the
26    date upon which the person becomes 21 years of age.
27        (f)  The Secretary of State  shall  inform  all  Illinois
28    licensed   commercial   motor   vehicle   operators   of  the
29    requirements of the Uniform Commercial  Driver  License  Act,
30    Article  V  of  this  Chapter,  and  shall make provisions to
31    insure that all  drivers,  seeking  to  obtain  a  commercial
32    driver's  license,  be afforded an opportunity prior to April
33    1, 1992, to obtain the license.  The Secretary is  authorized
34    to  extend  driver's  license  expiration  dates,  and assign
 
                            -14-     LRB093 10132 LCB 10385 b
 1    specific times, dates and locations  where  these  commercial
 2    driver's tests shall be conducted.  Any applicant, regardless
 3    of  the  current  expiration date of the applicant's driver's
 4    license, may be subject to any assignment by  the  Secretary.
 5    Failure  to comply with the Secretary's assignment may result
 6    in the applicant's forfeiture of an opportunity to receive  a
 7    commercial driver's license prior to April 1, 1992.
 8        (g)  The Secretary of State shall designate on a driver's
 9    license  issued, a space where the licensee may indicate that
10    he or she has drafted a living will in  accordance  with  the
11    Illinois  Living  Will Act or a durable power of attorney for
12    health care in accordance with the Illinois Power of Attorney
13    Act.
14        (g-1)  The Secretary of State, in his or her  discretion,
15    may  designate  on each driver's license issued a space where
16    the licensee may place a sticker  or  decal,  issued  by  the
17    Secretary  of  State,  of  uniform  size as the Secretary may
18    specify, that shall indicate in appropriate language that the
19    owner of the license has renewed his or her driver's license.
20        (h)  A person who acts in good faith in  accordance  with
21    the  terms  of  this Section is not liable for damages in any
22    civil action  or  subject  to  prosecution  in  any  criminal
23    proceeding for his or her act.
24    (Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)

25        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
26        (Text of Section before amendment by P.A. 92-872)
27        Sec. 12-215.  Oscillating, rotating or flashing lights on
28    motor vehicles. Except as otherwise provided in this Code:
29        (a)  The  use  of  red  or white oscillating, rotating or
30    flashing lights, whether lighted or unlighted, is  prohibited
31    except on:
32             1.  Law  enforcement  vehicles  of State, Federal or
33        local authorities;
 
                            -15-     LRB093 10132 LCB 10385 b
 1             2.  A vehicle operated by a police officer or county
 2        coroner   and   designated   or   authorized   by   local
 3        authorities, in writing, as a  law  enforcement  vehicle;
 4        however,   such  designation  or  authorization  must  be
 5        carried in the vehicle;
 6             3.  Vehicles of local fire departments and State  or
 7        federal firefighting vehicles;
 8             4.  Vehicles which are designed and used exclusively
 9        as  ambulances  or  rescue  vehicles;  furthermore,  such
10        lights  shall not be lighted except when responding to an
11        emergency call for and while actually conveying the  sick
12        or injured;
13             5.  Tow  trucks  licensed  in  a state that requires
14        such  lights;  furthermore,  such  lights  shall  not  be
15        lighted on any such tow truck  while  the  tow  truck  is
16        operating in the State of Illinois;
17             6.  Vehicles  of  the  Illinois Emergency Management
18        Agency, and vehicles of the Department of Nuclear Safety;
19        and
20             7.  Vehicles operated by a local or county emergency
21        management services agency as  defined  in  the  Illinois
22        Emergency Management Agency Act; and.
23             8.  Vehicles  that are equipped and used exclusively
24        as organ transplant vehicles  when  used  in  combination
25        with  blue  oscillating,  rotating,  or  flashing lights;
26        furthermore, these lights shall be lighted only when  the
27        transportation  is  declared  an emergency by a member of
28        the transplant team or  a  representative  of  the  organ
29        procurement organization.
30        (b)  The  use  of amber oscillating, rotating or flashing
31    lights, whether lighted or unlighted,  is  prohibited  except
32    on:
33             1.  Second  division  vehicles designed and used for
34        towing or hoisting  vehicles;  furthermore,  such  lights
 
                            -16-     LRB093 10132 LCB 10385 b
 1        shall not be lighted except as required in this paragraph
 2        1;  such  lights  shall be lighted when such vehicles are
 3        actually being used  at  the  scene  of  an  accident  or
 4        disablement;  if  the  towing  vehicle is equipped with a
 5        flat bed that supports all wheels of  the  vehicle  being
 6        transported,  the  lights  shall not be lighted while the
 7        vehicle is engaged in towing on a highway; if the  towing
 8        vehicle is not equipped with a flat bed that supports all
 9        wheels  of  a vehicle being transported, the lights shall
10        be lighted while the towing vehicle is engaged in  towing
11        on  a highway during all times when the use of headlights
12        is required under Section 12-201 of this Code;
13             2.  Motor vehicles or  equipment  of  the  State  of
14        Illinois, local authorities and contractors; furthermore,
15        such  lights  shall  not  be  lighted  except  while such
16        vehicles  are  engaged  in  maintenance  or  construction
17        operations within the limits of construction projects;
18             3.  Vehicles or equipment  used  by  engineering  or
19        survey  crews;  furthermore,  such  lights  shall  not be
20        lighted except while such vehicles are  actually  engaged
21        in work on a highway;
22             4.  Vehicles of public utilities, municipalities, or
23        other  construction,  maintenance  or  automotive service
24        vehicles except that such lights shall be lighted only as
25        a means  for  indicating  the  presence  of  a  vehicular
26        traffic  hazard  requiring  unusual  care in approaching,
27        overtaking or passing while such vehicles are engaged  in
28        maintenance, service or construction on a highway;
29             5.  Oversized  vehicle or load; however, such lights
30        shall only be lighted when moving under permit issued  by
31        the Department under Section 15-301 of this Code;
32             6.  The  front and rear of motorized equipment owned
33        and operated by the State of Illinois  or  any  political
34        subdivision  thereof,  which  is  designed  and  used for
 
                            -17-     LRB093 10132 LCB 10385 b
 1        removal of snow and ice from highways;
 2             7.  Fleet  safety  vehicles  registered  in  another
 3        state, furthermore, such  lights  shall  not  be  lighted
 4        except as provided for in Section 12-212 of this Code;
 5             8.  Such  other  vehicles  as  may  be authorized by
 6        local authorities;
 7             9.  Law  enforcement  vehicles  of  State  or  local
 8        authorities   when   used   in   combination   with   red
 9        oscillating, rotating or flashing lights;
10             9.5.  Propane delivery trucks;
11             10.  Vehicles used for collecting or delivering mail
12        for the United States Postal Service provided  that  such
13        lights shall not be lighted except when such vehicles are
14        actually being used for such purposes;
15             11.  Any  vehicle  displaying  a slow-moving vehicle
16        emblem as provided in Section 12-205.1;
17             12.  All trucks  equipped  with  self-compactors  or
18        roll-off  hoists  and  roll-on  containers for garbage or
19        refuse hauling.  Such lights shall not be lighted  except
20        when  such  vehicles  are  actually  being  used for such
21        purposes;
22             13.  Vehicles used  by  a  security  company,  alarm
23        responder, or control agency; and
24             14.  Security  vehicles  of  the Department of Human
25        Services; however, the lights shall not be lighted except
26        when being used for security related purposes  under  the
27        direction of the superintendent of the facility where the
28        vehicle is located.
29        (c)  The  use  of  blue oscillating, rotating or flashing
30    lights, whether lighted or unlighted,  is  prohibited  except
31    on:
32             1.  Rescue  squad  vehicles  not  owned  by  a  fire
33        department and vehicles owned or fully operated by a:
34                  voluntary firefighter;
 
                            -18-     LRB093 10132 LCB 10385 b
 1                  paid firefighter;
 2                  part-paid firefighter;
 3                  call firefighter;
 4                  member  of  the  board  of  trustees  of a fire
 5             protection district;
 6                  paid or unpaid member of a rescue squad;
 7                  paid or unpaid member of a voluntary  ambulance
 8             unit; or
 9                  paid  or  unpaid  members  of a local or county
10             emergency management services agency as  defined  in
11             the   Illinois   Emergency  Management  Agency  Act,
12             designated or authorized by  local  authorities,  in
13             writing,    and   carrying   that   designation   or
14             authorization in the vehicle.
15             However, such lights are not to  be  lighted  except
16        when responding to a bona fide emergency.
17             2.  Police  department  vehicles  in cities having a
18        population of 500,000 or more inhabitants.
19             3.  Law  enforcement  vehicles  of  State  or  local
20        authorities   when   used   in   combination   with   red
21        oscillating, rotating or flashing lights.
22             4.  Vehicles of local fire departments and State  or
23        federal  firefighting  vehicles  when used in combination
24        with red oscillating, rotating or flashing lights.
25             5.  Vehicles which are designed and used exclusively
26        as ambulances or rescue vehicles when used in combination
27        with  red  oscillating,  rotating  or  flashing   lights;
28        furthermore, such lights shall not be lighted except when
29        responding to an emergency call.
30             6.  Vehicles  that are equipped and used exclusively
31        as organ transport vehicles when used in combination with
32        red   oscillating,   rotating,   or   flashing    lights;
33        furthermore,  these lights shall only be lighted when the
34        transportation is declared an emergency by  a  member  of
 
                            -19-     LRB093 10132 LCB 10385 b
 1        the  transplant  team  or  a  representative of the organ
 2        procurement organization.
 3             7.  Vehicles of the  Illinois  Emergency  Management
 4        Agency  and vehicles of the Department of Nuclear Safety,
 5        when used in combination with red oscillating,  rotating,
 6        or flashing lights.
 7             8.  Vehicles operated by a local or county emergency
 8        management  services  agency  as  defined in the Illinois
 9        Emergency Management Agency Act, when used in combination
10        with red oscillating, rotating, or flashing lights.
11        (c-1)  In addition to the blue oscillating, rotating,  or
12    flashing   lights   permitted   under   subsection  (c),  and
13    notwithstanding subsection  (a),  a  vehicle  operated  by  a
14    voluntary  firefighter  may  be  equipped with flashing white
15    headlights and blue grill lights, which may be used  only  in
16    responding to an emergency call.
17        (c-2)  In  addition to the blue oscillating, rotating, or
18    flashing  lights  permitted   under   subsection   (c),   and
19    notwithstanding  subsection (a), a vehicle operated by a paid
20    or unpaid member of a local or  county  emergency  management
21    services   agency   as  defined  in  the  Illinois  Emergency
22    Management  Agency  Act,   may   be   equipped   with   white
23    oscillating,  rotating,  or  flashing  lights  to  be used in
24    combination with  blue  oscillating,  rotating,  or  flashing
25    lights,  if  authorization by local authorities is in writing
26    and carried in the vehicle.
27        (d)  The  use  of  a  combination  of  amber  and   white
28    oscillating,  rotating or flashing lights, whether lighted or
29    unlighted, is prohibited, except motor vehicles or  equipment
30    of  the  State of Illinois, local authorities and contractors
31    may be so equipped; furthermore, such  lights  shall  not  be
32    lighted  except  while  such  vehicles are engaged in highway
33    maintenance or construction operations within the  limits  of
34    highway construction projects.
 
                            -20-     LRB093 10132 LCB 10385 b
 1        (e)  All   oscillating,   rotating   or  flashing  lights
 2    referred to in this Section shall be of sufficient intensity,
 3    when illuminated,  to  be  visible  at  500  feet  in  normal
 4    sunlight.
 5        (f)  Nothing   in   this   Section   shall   prohibit   a
 6    manufacturer  of  oscillating, rotating or flashing lights or
 7    his representative from temporarily mounting such lights on a
 8    vehicle for demonstration purposes only.
 9        (g)  Any person violating the provisions  of  subsections
10    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
11    authority stops or detains or  attempts  to  stop  or  detain
12    another person shall be guilty of a Class 4 felony.
13        (h)  Except  as  provided  in  subsection  (g) above, any
14    person violating the provisions of subsections (a) or (c)  of
15    this Section shall be guilty of a Class A misdemeanor.
16    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
17    92-407, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-782,  eff.
18    8-6-02; 92-820, eff. 8-21-02; revised 8-26-02.)

19        (Text of Section after amendment by P.A. 92-872)
20        Sec. 12-215.  Oscillating, rotating or flashing lights on
21    motor vehicles. Except as otherwise provided in this Code:
22        (a)  The  use  of  red  or white oscillating, rotating or
23    flashing lights, whether lighted or unlighted, is  prohibited
24    except on:
25             1.  Law  enforcement  vehicles  of State, Federal or
26        local authorities;
27             2.  A vehicle operated by a police officer or county
28        coroner   and   designated   or   authorized   by   local
29        authorities, in writing, as a  law  enforcement  vehicle;
30        however,   such  designation  or  authorization  must  be
31        carried in the vehicle;
32             3.  Vehicles of local fire departments and State  or
33        federal firefighting vehicles;
34             4.  Vehicles which are designed and used exclusively
 
                            -21-     LRB093 10132 LCB 10385 b
 1        as  ambulances  or  rescue  vehicles;  furthermore,  such
 2        lights  shall not be lighted except when responding to an
 3        emergency call for and while actually conveying the  sick
 4        or injured;
 5             5.  Tow  trucks  licensed  in  a state that requires
 6        such  lights;  furthermore,  such  lights  shall  not  be
 7        lighted on any such tow truck  while  the  tow  truck  is
 8        operating in the State of Illinois;
 9             6.  Vehicles  of  the  Illinois Emergency Management
10        Agency, and vehicles of the Department of Nuclear Safety;
11        and
12             7.  Vehicles operated by a local or county emergency
13        management services agency as  defined  in  the  Illinois
14        Emergency Management Agency Act; and.
15             8.  Vehicles  that are equipped and used exclusively
16        as organ transplant vehicles  when  used  in  combination
17        with  blue  oscillating,  rotating,  or  flashing lights;
18        furthermore, these lights shall be lighted only when  the
19        transportation  is  declared  an emergency by a member of
20        the transplant team or  a  representative  of  the  organ
21        procurement organization.
22        (b)  The  use  of amber oscillating, rotating or flashing
23    lights, whether lighted or unlighted,  is  prohibited  except
24    on:
25             1.  Second  division  vehicles designed and used for
26        towing or hoisting  vehicles;  furthermore,  such  lights
27        shall not be lighted except as required in this paragraph
28        1;  such  lights  shall be lighted when such vehicles are
29        actually being used  at  the  scene  of  an  accident  or
30        disablement;  if  the  towing  vehicle is equipped with a
31        flat bed that supports all wheels of  the  vehicle  being
32        transported,  the  lights  shall not be lighted while the
33        vehicle is engaged in towing on a highway; if the  towing
34        vehicle is not equipped with a flat bed that supports all
 
                            -22-     LRB093 10132 LCB 10385 b
 1        wheels  of  a vehicle being transported, the lights shall
 2        be lighted while the towing vehicle is engaged in  towing
 3        on  a highway during all times when the use of headlights
 4        is required under Section 12-201 of this Code;
 5             2.  Motor vehicles or  equipment  of  the  State  of
 6        Illinois, local authorities and contractors; furthermore,
 7        such  lights  shall  not  be  lighted  except  while such
 8        vehicles  are  engaged  in  maintenance  or  construction
 9        operations within the limits of construction projects;
10             3.  Vehicles or equipment  used  by  engineering  or
11        survey  crews;  furthermore,  such  lights  shall  not be
12        lighted except while such vehicles are  actually  engaged
13        in work on a highway;
14             4.  Vehicles of public utilities, municipalities, or
15        other  construction,  maintenance  or  automotive service
16        vehicles except that such lights shall be lighted only as
17        a means  for  indicating  the  presence  of  a  vehicular
18        traffic  hazard  requiring  unusual  care in approaching,
19        overtaking or passing while such vehicles are engaged  in
20        maintenance, service or construction on a highway;
21             5.  Oversized  vehicle or load; however, such lights
22        shall only be lighted when moving under permit issued  by
23        the Department under Section 15-301 of this Code;
24             6.  The  front and rear of motorized equipment owned
25        and operated by the State of Illinois  or  any  political
26        subdivision  thereof,  which  is  designed  and  used for
27        removal of snow and ice from highways;
28             7.  Fleet  safety  vehicles  registered  in  another
29        state, furthermore, such  lights  shall  not  be  lighted
30        except as provided for in Section 12-212 of this Code;
31             8.  Such  other  vehicles  as  may  be authorized by
32        local authorities;
33             9.  Law  enforcement  vehicles  of  State  or  local
34        authorities   when   used   in   combination   with   red
 
                            -23-     LRB093 10132 LCB 10385 b
 1        oscillating, rotating or flashing lights;
 2             9.5.  Propane delivery trucks;
 3             10.  Vehicles used for collecting or delivering mail
 4        for the United States Postal Service provided  that  such
 5        lights shall not be lighted except when such vehicles are
 6        actually being used for such purposes;
 7             11.  Any  vehicle  displaying  a slow-moving vehicle
 8        emblem as provided in Section 12-205.1;
 9             12.  All trucks  equipped  with  self-compactors  or
10        roll-off  hoists  and  roll-on  containers for garbage or
11        refuse hauling.  Such lights shall not be lighted  except
12        when  such  vehicles  are  actually  being  used for such
13        purposes;
14             13.  Vehicles used  by  a  security  company,  alarm
15        responder, or control agency;
16             14.  Security  vehicles  of  the Department of Human
17        Services; however, the lights shall not be lighted except
18        when being used for security related purposes  under  the
19        direction of the superintendent of the facility where the
20        vehicle is located; and
21             15.  Vehicles  of union representatives, except that
22        the lights shall be lighted only  while  the  vehicle  is
23        within the limits of a construction project.
24        (c)  The  use  of  blue oscillating, rotating or flashing
25    lights, whether lighted or unlighted,  is  prohibited  except
26    on:
27             1.  Rescue  squad  vehicles  not  owned  by  a  fire
28        department and vehicles owned or fully operated by a:
29                  voluntary firefighter;
30                  paid firefighter;
31                  part-paid firefighter;
32                  call firefighter;
33                  member  of  the  board  of  trustees  of a fire
34             protection district;
 
                            -24-     LRB093 10132 LCB 10385 b
 1                  paid or unpaid member of a rescue squad;
 2                  paid or unpaid member of a voluntary  ambulance
 3             unit; or
 4                  paid  or  unpaid  members  of a local or county
 5             emergency management services agency as  defined  in
 6             the   Illinois   Emergency  Management  Agency  Act,
 7             designated or authorized by  local  authorities,  in
 8             writing,    and   carrying   that   designation   or
 9             authorization in the vehicle.
10             However, such lights are not to  be  lighted  except
11        when responding to a bona fide emergency.
12             2.  Police  department  vehicles  in cities having a
13        population of 500,000 or more inhabitants.
14             3.  Law  enforcement  vehicles  of  State  or  local
15        authorities   when   used   in   combination   with   red
16        oscillating, rotating or flashing lights.
17             4.  Vehicles of local fire departments and State  or
18        federal  firefighting  vehicles  when used in combination
19        with red oscillating, rotating or flashing lights.
20             5.  Vehicles which are designed and used exclusively
21        as ambulances or rescue vehicles when used in combination
22        with  red  oscillating,  rotating  or  flashing   lights;
23        furthermore, such lights shall not be lighted except when
24        responding to an emergency call.
25             6.  Vehicles  that are equipped and used exclusively
26        as organ transport vehicles when used in combination with
27        red   oscillating,   rotating,   or   flashing    lights;
28        furthermore,  these lights shall only be lighted when the
29        transportation is declared an emergency by  a  member  of
30        the  transplant  team  or  a  representative of the organ
31        procurement organization.
32             7.  Vehicles of the  Illinois  Emergency  Management
33        Agency  and vehicles of the Department of Nuclear Safety,
34        when used in combination with red oscillating,  rotating,
 
                            -25-     LRB093 10132 LCB 10385 b
 1        or flashing lights.
 2             8.  Vehicles operated by a local or county emergency
 3        management  services  agency  as  defined in the Illinois
 4        Emergency Management Agency Act, when used in combination
 5        with red oscillating, rotating, or flashing lights.
 6        (c-1)  In addition to the blue oscillating, rotating,  or
 7    flashing   lights   permitted   under   subsection  (c),  and
 8    notwithstanding subsection  (a),  a  vehicle  operated  by  a
 9    voluntary  firefighter, a voluntary member of a rescue squad,
10    or a member of a voluntary ambulance  unit  may  be  equipped
11    with  flashing  white headlights and blue grill lights, which
12    may be used only in responding to an emergency call.
13        (c-2)  In addition to the blue oscillating, rotating,  or
14    flashing   lights   permitted   under   subsection  (c),  and
15    notwithstanding subsection (a), a vehicle operated by a  paid
16    or  unpaid  member  of a local or county emergency management
17    services  agency  as  defined  in  the   Illinois   Emergency
18    Management   Agency   Act,   may   be   equipped  with  white
19    oscillating, rotating, or  flashing  lights  to  be  used  in
20    combination  with  blue  oscillating,  rotating,  or flashing
21    lights, if authorization by local authorities is  in  writing
22    and carried in the vehicle.
23        (d)  The   use  of  a  combination  of  amber  and  white
24    oscillating, rotating or flashing lights, whether lighted  or
25    unlighted,  is  prohibited except motor vehicles or equipment
26    of the State of Illinois, local authorities, contractors, and
27    union representatives may be so equipped;  furthermore,  such
28    lights  shall  not  be  lighted  on  vehicles of the State of
29    Illinois, local authorities,  and  contractors  except  while
30    such   vehicles   are   engaged  in  highway  maintenance  or
31    construction  operations  within  the   limits   of   highway
32    construction  projects,  and  shall  not  be  lighted  on the
33    vehicles of union representatives except when those  vehicles
34    are within the limits of a construction project.
 
                            -26-     LRB093 10132 LCB 10385 b
 1        (e)  All   oscillating,   rotating   or  flashing  lights
 2    referred to in this Section shall be of sufficient intensity,
 3    when illuminated,  to  be  visible  at  500  feet  in  normal
 4    sunlight.
 5        (f)  Nothing   in   this   Section   shall   prohibit   a
 6    manufacturer  of  oscillating, rotating or flashing lights or
 7    his representative from temporarily mounting such lights on a
 8    vehicle for demonstration purposes only.
 9        (g)  Any person violating the provisions  of  subsections
10    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
11    authority stops or detains or  attempts  to  stop  or  detain
12    another person shall be guilty of a Class 4 felony.
13        (h)  Except  as  provided  in  subsection  (g) above, any
14    person violating the provisions of subsections (a) or (c)  of
15    this Section shall be guilty of a Class A misdemeanor.
16    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
17    92-407, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-782,  eff.
18    8-6-02;  92-820,  eff.  8-21-02; 92-872, eff. 6-1-03; revised
19    1-10-03.)

20        Section 30.  The Criminal Code  of  1961  is  amended  by
21    changing Section 12-20 as follows:

22        (720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
23        Sec.  12-20.   Sale of body parts. (a) Except as provided
24    in subsection (b), any person who knowingly buys or sells, or
25    offers to buy or sell, a human body or any part  of  a  human
26    body,  is  guilty  of  a  Class  A  misdemeanor for the first
27    conviction and a Class 4 felony for subsequent convictions.
28        (b)  This Section does not prohibit:
29        (1)  An anatomical  gift  made  in  accordance  with  the
30    Illinois Uniform Anatomical Gift Act.
31        (2)  The  removal and use of a human cornea in accordance
32    with the Illinois Anatomical Gift Corneal Transplant Act.
 
                            -27-     LRB093 10132 LCB 10385 b
 1        (3)  Reimbursement  of  actual  expenses  incurred  by  a
 2    living person in donating an organ, tissue or other body part
 3    or  fluid  for   transplantation,   implantation,   infusion,
 4    injection,  or other medical or scientific purpose, including
 5    medical costs, loss of income, and travel expenses.
 6        (4)  Payments provided under a plan of insurance or other
 7    health care coverage.
 8        (5)  Reimbursement of reasonable  costs  associated  with
 9    the  removal,  storage  or  transportation of a human body or
10    part thereof donated for medical or scientific purposes.
11        (6)  Purchase or sale of blood, plasma, blood products or
12    derivatives, other body fluids, or human hair.
13        (7)  Purchase  or  sale  of  drugs,  reagents  or   other
14    substances  made  from human bodies or body parts, for use in
15    medical or scientific research, treatment or diagnosis.
16    (Source: P.A. 85-191.)

17        Section 35.  The Illinois Living Will Act is  amended  by
18    changing Section 6 as follows:

19        (755 ILCS 35/6) (from Ch. 110 1/2, par. 706)
20        Sec.   6.    Physician  Responsibilities.   An  attending
21    physician who  has  been  notified  of  the  existence  of  a
22    declaration  executed under this Act, without delay after the
23    diagnosis of a terminal condition of the patient, shall  take
24    the  necessary  steps to provide for written recording of the
25    patient's terminal condition, so  that  the  patient  may  be
26    deemed  to  be  a  qualified patient under this Act, or shall
27    notify the patient or, if the patient is unable to initiate a
28    transfer, the person or persons described in  subsection  (d)
29    of Section 3 in the order of priority stated therein that the
30    physician  is  unwilling to comply with the provisions of the
31    patient's declaration.  In the event of the  patient's  death
32    as  determined  by  a  physician,  all  medical care is to be
 
                            -28-     LRB093 10132 LCB 10385 b
 1    terminated unless the patient is an  organ  donor,  in  which
 2    case  appropriate  organ donation treatment may be applied or
 3    continued temporarily.
 4    (Source: P.A. 85-860.)

 5        Section 40.  The Health Care Surrogate Act is amended  by
 6    changing Sections 20 and 65 as follows:

 7        (755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)
 8        Sec. 20.  Private decision making process.
 9        (a)  Decisions  whether  to  forgo life-sustaining or any
10    other form of medical treatment involving  an  adult  patient
11    with decisional capacity may be made by that adult patient.
12        (b)  Decisions whether to forgo life-sustaining treatment
13    on  behalf  of  a  patient  without  decisional  capacity are
14    lawful, without resort to the courts or legal process, if the
15    patient has a qualifying condition and if the  decisions  are
16    made  in  accordance  with one of the following paragraphs in
17    this subsection and otherwise meet the requirements  of  this
18    Act:
19             (1)  Decisions   whether  to  forgo  life-sustaining
20        treatment on behalf of a minor or an  adult  patient  who
21        lacks  decisional  capacity  may  be  made by a surrogate
22        decision  maker  or  makers  in  consultation  with   the
23        attending physician, in the order or priority provided in
24        Section  25.   A  surrogate  decision  maker  shall  make
25        decisions  for the adult patient conforming as closely as
26        possible to what the patient would have done or  intended
27        under  the  circumstances,  taking  into account evidence
28        that includes, but  is  not  limited  to,  the  patient's
29        personal,  philosophical, religious and moral beliefs and
30        ethical values relative to the purpose of life, sickness,
31        medical  procedures,   suffering,   and   death.    Where
32        possible,  the  surrogate shall determine how the patient
 
                            -29-     LRB093 10132 LCB 10385 b
 1        would have weighed the burdens and benefits of initiating
 2        or  continuing  life-sustaining  treatment  against   the
 3        burdens  and benefits of that treatment.  In the event an
 4        unrevoked advance directive, such as  a  living  will,  a
 5        declaration  for  mental  health treatment, or a power of
 6        attorney for health care, is no longer  valid  due  to  a
 7        technical   deficiency   or  is  not  applicable  to  the
 8        patient's  condition,  that  document  may  be  used   as
 9        evidence  of a patient's wishes.  The absence of a living
10        will, declaration for mental health treatment,  or  power
11        of  attorney  for  health care shall not give rise to any
12        presumption as to the patient's preferences regarding the
13        initiation or continuation of life-sustaining procedures.
14        If the adult patient's  wishes  are  unknown  and  remain
15        unknown  after  reasonable  efforts to discern them or if
16        the patient is a minor, the decision shall be made on the
17        basis of the patient's best interests  as  determined  by
18        the   surrogate   decision  maker.   In  determining  the
19        patient's best interests, the surrogate shall  weigh  the
20        burdens  on  and benefits to the patient of initiating or
21        continuing life-sustaining treatment against the  burdens
22        and  benefits  of  that  treatment  and  shall  take into
23        account any other information,  including  the  views  of
24        family  and  friends,  that  the surrogate decision maker
25        believes the patient would have considered if able to act
26        for herself or himself.
27             (2)  Decisions  whether  to  forgo   life-sustaining
28        treatment  on  behalf  of a minor or an adult patient who
29        lacks decisional  capacity,  but  without  any  surrogate
30        decision  maker  or  guardian  being available determined
31        after reasonable inquiry by the health care provider, may
32        be made by a court appointed guardian.  A court appointed
33        guardian shall be treated as a surrogate for the purposes
34        of this Act.
 
                            -30-     LRB093 10132 LCB 10385 b
 1        (b-5)  Decisions concerning medical treatment  on  behalf
 2    of  a patient without decisional capacity are lawful, without
 3    resort to the courts or legal process, if  the  patient  does
 4    not  have a qualifying condition and if decisions are made in
 5    accordance with one  of  the  following  paragraphs  in  this
 6    subsection and otherwise meet the requirements of this Act:
 7             (1)  Decisions   concerning   medical  treatment  on
 8        behalf of a minor or adult patient who  lacks  decisional
 9        capacity  may  be  made  by a surrogate decision maker or
10        makers in consultation with the attending  physician,  in
11        the  order  of  priority  provided in Section 25 with the
12        exception  that  decisions   to   forgo   life-sustaining
13        treatment   may  be  made  only  when  a  patient  has  a
14        qualifying condition.  A surrogate decision  maker  shall
15        make  decisions  for the patient conforming as closely as
16        possible to what the patient would have done or  intended
17        under  the  circumstances,  taking  into account evidence
18        that includes, but  is  not  limited  to,  the  patient's
19        personal, philosophical, religious, and moral beliefs and
20        ethical values relative to the purpose of life, sickness,
21        medical  procedures,  suffering, and death.  In the event
22        an unrevoked advance directive, such as a living will,  a
23        declaration  for  mental  health treatment, or a power of
24        attorney for health care, is no longer  valid  due  to  a
25        technical   deficiency   or  is  not  applicable  to  the
26        patient's  condition,  that  document  may  be  used   as
27        evidence  of a patient's wishes.  The absence of a living
28        will, declaration for mental health treatment,  or  power
29        of  attorney  for  health care shall not give rise to any
30        presumption as to the patient's preferences regarding any
31        process.  If the adult patient's wishes are  unknown  and
32        remain  unknown  after reasonable efforts to discern them
33        or if the patient is a minor, the decision shall be  made
34        on   the   basis  of  the  patient's  best  interests  as
 
                            -31-     LRB093 10132 LCB 10385 b
 1        determined  by  the   surrogate   decision   maker.    In
 2        determining  the  patient's best interests, the surrogate
 3        shall weigh the burdens on and benefits to the patient of
 4        the treatment against the burdens and  benefits  of  that
 5        treatment   and   shall   take  into  account  any  other
 6        information, including the views of family  and  friends,
 7        that  the  surrogate  decision maker believes the patient
 8        would have considered if  able  to  act  for  herself  or
 9        himself.
10             (2)  Decisions   concerning   medical  treatment  on
11        behalf of a minor or adult patient who  lacks  decisional
12        capacity,  but  without  any  surrogate decision maker or
13        guardian being available as determined  after  reasonable
14        inquiry  by  the  health  care provider, may be made by a
15        court appointed guardian.   A  court  appointed  guardian
16        shall  be treated as a surrogate for the purposes of this
17        Act.
18        (c)  For the purposes of this Act, a patient or surrogate
19    decision maker is presumed to have decisional capacity in the
20    absence of actual notice to the contrary  without  regard  to
21    advanced  age.  With  respect  to  a  patient, a diagnosis of
22    mental illness or mental retardation, of itself, is not a bar
23    to a determination of decisional capacity.   A  determination
24    that an adult patient lacks decisional capacity shall be made
25    by  the attending physician to a reasonable degree of medical
26    certainty.  The determination shall  be  in  writing  in  the
27    patient's  medical  record  and shall set forth the attending
28    physician's opinion regarding the cause, nature, and duration
29    of  the  patient's  lack  of  decisional  capacity.    Before
30    implementation of a decision by a surrogate decision maker to
31    forgo life-sustaining treatment, at least one other qualified
32    physician  must  concur  in  the  determination that an adult
33    patient   lacks   decisional   capacity.    The    concurring
34    determination  shall  be  made  in  writing  in the patient's
 
                            -32-     LRB093 10132 LCB 10385 b
 1    medical record after personal  examination  of  the  patient.
 2    The  attending physician shall inform the patient that it has
 3    been determined that the patient  lacks  decisional  capacity
 4    and   that   a   surrogate  decision  maker  will  be  making
 5    life-sustaining treatment decisions on behalf of the patient.
 6    Moreover, the patient shall be informed of  the  identity  of
 7    the  surrogate  decision maker and any decisions made by that
 8    surrogate.   If  the  person  identified  as  the   surrogate
 9    decision  maker  is  not  a  court appointed guardian and the
10    patient objects to the statutory surrogate decision maker  or
11    any  decision made by that surrogate decision maker, then the
12    provisions of this Act shall not apply.
13        (d)  A surrogate decision maker acting on behalf  of  the
14    patient  shall  express  decisions  to  forgo life-sustaining
15    treatment to the attending physician and  one  adult  witness
16    who  is  at  least  18  years  of age.  This decision and the
17    substance of any known discussion before making the  decision
18    shall  be  documented  by  the  attending  physician  in  the
19    patient's medical record and signed by the witness.
20        (e)  The  existence  of  a  qualifying condition shall be
21    documented in writing in the patient's medical record by  the
22    attending  physician  and shall include its cause and nature,
23    if known.   The  written  concurrence  of  another  qualified
24    physician is also required.
25        (f)  Once  the  provisions of this Act are complied with,
26    the attending physician shall thereafter  promptly  implement
27    the  decision to forgo life-sustaining treatment on behalf of
28    the patient unless he or  she  believes  that  the  surrogate
29    decision  maker  is  not acting in accordance with his or her
30    responsibilities under this Act, or is unable to  do  so  for
31    reasons of conscience or other personal views or beliefs.
32        (g)  In the event of a patient's death as determined by a
33    physician,  all  life-sustaining  treatment and other medical
34    care is to be terminated, unless  the  patient  is  an  organ
 
                            -33-     LRB093 10132 LCB 10385 b
 1    donor, in which case appropriate organ donation treatment may
 2    be applied or continued temporarily.
 3    (Source: P.A. 90-246, eff. 1-1-98.)

 4        (755 ILCS 40/65)
 5        Sec. 65.  Do-not-resuscitate orders.
 6        (a)  An  individual  of sound mind and having reached the
 7    age  of  majority  or  having  obtained  the  status  of   an
 8    emancipated  person  pursuant  to  the Emancipation of Mature
 9    Minors Act  may  execute  a  document  (consistent  with  the
10    Department of Public Health Uniform DNR Order Form) directing
11    that resuscitating efforts shall not be implemented.  Such an
12    order  may  also  be  executed  by  an  attending  physician.
13    Notwithstanding  the  existence  of  a DNR order, appropriate
14    organ  donation  treatment  may  be  applied   or   continued
15    temporarily   in   the  event  of  the  patient's  death,  in
16    accordance with subsection (g) of Section 20 of this Act,  if
17    the patient is an organ donor.
18        (b)  Consent  to  a  DNR  order  may be obtained from the
19    individual,  or  from  another  person  at  the  individual's
20    direction, or from the  individual's  legal  guardian,  agent
21    under  a  power  of  attorney  for  health care, or surrogate
22    decision maker, and witnessed by 2 individuals  18  years  of
23    age or older.
24        (c)  The  DNR  order  may,  but  need not, be in the form
25    adopted by  the  Department  of  Public  Health  pursuant  to
26    Section  2310-600  of  the Department of Public Health Powers
27    and Duties Law (20 ILCS 2310/2310-600).
28        (d)  A health care professional or health  care  provider
29    may  presume,  in  the  absence of knowledge to the contrary,
30    that a completed Department  of  Public  Health  Uniform  DNR
31    Order  form  or  a copy of that form is a valid DNR order.  A
32    health care professional  or  health  care  provider,  or  an
33    employee  of  a  health  care  professional  or  health  care
 
                            -34-     LRB093 10132 LCB 10385 b
 1    provider,    who    in    good    faith   complies   with   a
 2    do-not-resuscitate order made in accordance with this Act  is
 3    not,  as a result of that compliance, subject to any criminal
 4    or civil liability, except for willful and wanton misconduct,
 5    and  may  not  be  found  to  have  committed   an   act   of
 6    unprofessional conduct.
 7    (Source: P.A. 92-356, eff. 10-1-01.)

 8        Section  45.   The  Illinois  Power  of  Attorney  Act is
 9    amended by changing Sections 4-7 and 4-10 as follows:

10        (755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
11        Sec. 4-7.  Duties of health care providers and others  in
12    relation  to health care agencies.  Each health care provider
13    and each other person with whom an agent deals under a health
14    care agency shall be subject  to  the  following  duties  and
15    responsibilities:
16        (a)  It  is the responsibility of the agent or patient to
17    notify the health care  provider  of  the  existence  of  the
18    health  care  agency and any amendment or revocation thereof.
19    A health care provider furnished with a copy of a health care
20    agency shall make it a part of the patient's medical  records
21    and  shall  enter in the records any change in or termination
22    of the health care agency by the principal that becomes known
23    to the provider.  Whenever a provider believes a patient  may
24    lack  capacity  to give informed consent to health care which
25    the provider deems necessary, the provider shall consult with
26    any available health care agent known  to  the  provider  who
27    then  has  power  to  act for the patient under a health care
28    agency.
29        (b)  A  health  care  decision  made  by  an   agent   in
30    accordance  with  the  terms of a health care agency shall be
31    complied with by every  health  care  provider  to  whom  the
32    decision  is communicated, subject to the provider's right to
 
                            -35-     LRB093 10132 LCB 10385 b
 1    administer  treatment  for  the  patient's  comfort  care  or
 2    alleviation of pain; but if  the  provider  is  unwilling  to
 3    comply with the agent's decision, the provider shall promptly
 4    inform  the  agent  who shall then be responsible to make the
 5    necessary arrangements for the transfer  of  the  patient  to
 6    another  provider.   It  is understood that a provider who is
 7    unwilling to comply with the agent's decision  will  continue
 8    to  afford  reasonably  necessary  consultation  and  care in
 9    connection with the transfer.
10        (c)  At the patient's expense and subject  to  reasonable
11    rules  of  the  health care provider to prevent disruption of
12    the patient's health care, each health  care  provider  shall
13    give  an agent authorized to receive such information under a
14    health care agency  the  same  right  the  principal  has  to
15    examine  and  copy  any  part or all of the patient's medical
16    records that the agent deems relevant to the exercise of  the
17    agent's  powers,  whether the records relate to mental health
18    or any other medical condition and whether they  are  in  the
19    possession  of  or maintained by any physician, psychiatrist,
20    psychologist, therapist,  hospital,  nursing  home  or  other
21    health care provider.
22        (d)  If  and  to the extent a health care agency empowers
23    the agent to (1) make an anatomical gift  on  behalf  of  the
24    principal  under the Illinois Uniform Anatomical Gift Act, as
25    now or hereafter amended, or (2) authorize an autopsy of  the
26    principal's body pursuant to Section 2 of "An Act in relation
27    to  autopsy of dead bodies", approved August 13, 1965, as now
28    or hereafter amended, or (3) direct the  disposition  of  the
29    principal's  remains,  the decision by an authorized agent as
30    to anatomical gift, autopsy approval or  remains  disposition
31    shall  be  deemed  the act of the principal and shall control
32    over the decision of other persons who might  otherwise  have
33    priority; and each person to whom a direction by the agent in
34    accordance with the terms of the agency is communicated shall
 
                            -36-     LRB093 10132 LCB 10385 b
 1    comply with such direction.
 2    (Source: P.A. 86-736.)

 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
 7    this Act as the "statutory health care power") may be used to
 8    grant  an  agent  powers  with respect to the principal's own
 9    health care; but the  statutory  health  care  power  is  not
10    intended  to  be  exclusive  nor  to  cover  delegation  of a
11    parent's power to control the health care of a  minor  child,
12    and  no  provision  of  this  Article  shall  be construed to
13    invalidate or bar use  by  the  principal  of  any  other  or
14    different   form  of  power  of  attorney  for  health  care.
15    Nonstatutory health care  powers  must  be  executed  by  the
16    principal,  designate  the  agent and the agent's powers, and
17    comply with Section 4-5 of this Article, but they need not be
18    witnessed or conform in any other respect  to  the  statutory
19    health  care power. When a power of attorney in substantially
20    the following form is used, including the "notice"  paragraph
21    at  the  beginning  in  capital  letters,  it  shall have the
22    meaning and effect prescribed in  this  Act.   The  statutory
23    health  care  power  may  be included in or combined with any
24    other form of power of attorney governing property  or  other
25    matters.
26        "ILLINOIS  STATUTORY  SHORT  FORM  POWER  OF ATTORNEY FOR
27    HEALTH CARE
28        (NOTICE:  THE PURPOSE OF THIS POWER  OF  ATTORNEY  IS  TO
29    GIVE  THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO
30    MAKE HEALTH  CARE  DECISIONS  FOR  YOU,  INCLUDING  POWER  TO
31    REQUIRE,  CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL CARE OR
32    MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO
33    ADMIT YOU TO OR DISCHARGE YOU  FROM  ANY  HOSPITAL,  HOME  OR
 
                            -37-     LRB093 10132 LCB 10385 b
 1    OTHER  INSTITUTION.  THIS FORM DOES NOT IMPOSE A DUTY ON YOUR
 2    AGENT  TO  EXERCISE  GRANTED  POWERS;  BUT  WHEN  POWERS  ARE
 3    EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE  TO  ACT  FOR
 4    YOUR  BENEFIT  AND  IN  ACCORDANCE WITH  THIS FORM AND KEEP A
 5    RECORD OF RECEIPTS,  DISBURSEMENTS  AND  SIGNIFICANT  ACTIONS
 6    TAKEN  AS  AGENT.   A  COURT CAN TAKE AWAY THE POWERS OF YOUR
 7    AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY.  YOU  MAY
 8    NAME  SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS, AND
 9    NO HEALTH CARE PROVIDER MAY BE NAMED.  UNLESS  YOU  EXPRESSLY
10    LIMIT  THE  DURATION  OF  THIS  POWER  IN THE MANNER PROVIDED
11    BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON  YOUR
12    BEHALF  TERMINATES  IT,  YOUR  AGENT  MAY EXERCISE THE POWERS
13    GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN  AFTER  YOU  BECOME
14    DISABLED.   THE  POWERS  YOU  GIVE  YOUR AGENT, YOUR RIGHT TO
15    REVOKE THOSE POWERS AND THE PENALTIES FOR VIOLATING  THE  LAW
16    ARE  EXPLAINED  MORE  FULLY  IN  SECTIONS  4-5,  4-6, 4-9 AND
17    4-10(b) OF THE ILLINOIS "POWERS OF ATTORNEY FOR  HEALTH  CARE
18    LAW"  OF  WHICH  THIS  FORM  IS  A PART (SEE THE BACK OF THIS
19    FORM).  THAT LAW EXPRESSLY PERMITS THE USE OF  ANY  DIFFERENT
20    FORM  OF  POWER  OF  ATTORNEY  YOU  MAY  DESIRE.  IF THERE IS
21    ANYTHING ABOUT THIS FORM THAT  YOU  DO  NOT  UNDERSTAND,  YOU
22    SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
23        POWER OF ATTORNEY made this .......................day of
24    ................................
25        (month)  (year)
26        1.  I, ..................................................,
27                  (insert name and address of principal)
28    hereby appoint:
29    ............................................................
30              (insert name and address of agent)
31    as  my  attorney-in-fact (my "agent") to act for me and in my
32    name (in any way I could act in person) to make any  and  all
33    decisions   for  me  concerning  my  personal  care,  medical
34    treatment, hospitalization and health care  and  to  require,
 
                            -38-     LRB093 10132 LCB 10385 b
 1    withhold  or  withdraw  any  type  of  medical  treatment  or
 2    procedure,  even  though  my death may ensue.  My agent shall
 3    have the same access to  my  medical  records  that  I  have,
 4    including  the  right to disclose the contents to others.  My
 5    agent shall also have full power to authorize an autopsy  and
 6    direct  the  disposition  of  my  remains.  Effective upon my
 7    death, my agent has the full power to make an anatomical gift
 8    of the following (initial one):
 9             ....Any  organs,  tissues,  or  eyes  suitable   for
10        transplantation or used for research or education organ.
11             ....Specific organs:................................
12    (THE  ABOVE  GRANT  OF  POWER  IS  INTENDED TO BE AS BROAD AS
13    POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO  MAKE  ANY
14    DECISION  YOU  COULD  MAKE TO OBTAIN OR TERMINATE ANY TYPE OF
15    HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER
16    LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH  ACTION
17    WOULD  BE  CONSISTENT  WITH  YOUR INTENT AND DESIRES.  IF YOU
18    WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS  OR  PRESCRIBE
19    SPECIAL  RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT,
20    AUTHORIZE AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE
21    FOLLOWING PARAGRAPHS.)
22        2.  The  powers  granted  above  shall  not  include  the
23    following powers or shall be subject to the  following  rules
24    or limitations (here you may include any specific limitations
25    you  deem  appropriate, such as:  your own definition of when
26    life-sustaining measures should be withheld; a  direction  to
27    continue  food and fluids or life-sustaining treatment in all
28    events; or instructions  to  refuse  any  specific  types  of
29    treatment  that  are inconsistent with your religious beliefs
30    or unacceptable to you for any other reason,  such  as  blood
31    transfusion,    electro-convulsive    therapy,    amputation,
32    psychosurgery,  voluntary  admission to a mental institution,
33    etc.):
34    .............................................................
 
                            -39-     LRB093 10132 LCB 10385 b
 1    .............................................................
 2    .............................................................
 3    .............................................................
 4    .............................................................
 5    (THE SUBJECT OF LIFE-SUSTAINING TREATMENT  IS  OF  PARTICULAR
 6    IMPORTANCE.   FOR  YOUR  CONVENIENCE  IN  DEALING  WITH  THAT
 7    SUBJECT,  SOME  GENERAL STATEMENTS CONCERNING THE WITHHOLDING
 8    OR REMOVAL OF LIFE-SUSTAINING TREATMENT ARE SET FORTH  BELOW.
 9    IF  YOU  AGREE  WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL
10    THAT STATEMENT; BUT DO NOT INITIAL MORE THAN ONE):
11        I do not want my life to  be  prolonged  nor  do  I  want
12    life-sustaining  treatment  to be provided or continued if my
13    agent believes the burdens  of  the  treatment  outweigh  the
14    expected benefits.  I want my agent to consider the relief of
15    suffering,  the  expense  involved and the quality as well as
16    the  possible  extension  of  my  life  in  making  decisions
17    concerning life-sustaining treatment.
18                             Initialed...........................
19        I want my life to be prolonged and I want life-sustaining
20    treatment to be provided or continued unless I am in  a  coma
21    which  my attending physician believes to be irreversible, in
22    accordance with reasonable medical standards at the  time  of
23    reference.   If and when I have suffered irreversible coma, I
24    want   life-sustaining   treatment   to   be   withheld    or
25    discontinued.
26                             Initialed...........................
27        I  want  my  life  to be prolonged to the greatest extent
28    possible without regard to my condition, the chances  I  have
29    for recovery or the cost of the procedures.
30                             Initialed...........................
31    (THIS  POWER  OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN
32    THE MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF
33    ATTORNEY FOR HEALTH CARE LAW" (SEE THE BACK  OF  THIS  FORM).
34    ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS
 
                            -40-     LRB093 10132 LCB 10385 b
 1    POWER  OF  ATTORNEY  WILL  BECOME  EFFECTIVE AT THE TIME THIS
 2    POWER IS SIGNED AND  WILL  CONTINUE  UNTIL  YOUR  DEATH,  AND
 3    BEYOND  IF ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF REMAINS
 4    IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING  DATE  OR
 5    DURATION  IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH
 6    OF THE FOLLOWING:)
 7        3.  (  ) This power of attorney shall become effective on
 8    .............................................................
 9    .............................................................
10    (insert a future date or event during your lifetime, such  as
11    court  determination  of  your disability, when you want this
12    power to first take effect)
13        4.  (  ) This power of attorney shall terminate on ......
14    .............................................................
15    (insert a future date or event, such as  court  determination
16    of  your  disability,  when  you want this power to terminate
17    prior to your death)
18    (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE  NAMES  AND
19    ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
20        5.  If   any   agent   named  by  me  shall  die,  become
21    incompetent, resign, refuse to accept the office of agent  or
22    be  unavailable,  I name the following (each to act alone and
23    successively, in the  order  named)  as  successors  to  such
24    agent:
25    .............................................................
26    .............................................................
27    For   purposes  of  this  paragraph  5,  a  person  shall  be
28    considered to be incompetent if and while  the  person  is  a
29    minor or an adjudicated incompetent or disabled person or the
30    person is unable to give prompt and intelligent consideration
31    to health care matters, as certified by a licensed physician.
32    (IF  YOU  WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON,
33    IN THE EVENT A COURT DECIDES THAT ONE  SHOULD  BE  APPOINTED,
34    YOU  MAY,  BUT  ARE  NOT  REQUIRED TO, DO SO BY RETAINING THE
 
                            -41-     LRB093 10132 LCB 10385 b
 1    FOLLOWING PARAGRAPH.  THE COURT WILL APPOINT  YOUR  AGENT  IF
 2    THE  COURT  FINDS  THAT SUCH APPOINTMENT WILL SERVE YOUR BEST
 3    INTERESTS AND WELFARE.  STRIKE OUT PARAGRAPH 6 IF YOU DO  NOT
 4    WANT YOUR AGENT TO ACT AS GUARDIAN.)
 5        6.  If  a  guardian  of  my  person is to be appointed, I
 6    nominate the agent acting under this  power  of  attorney  as
 7    such guardian, to serve without bond or security.
 8        7.  I  am  fully  informed as to all the contents of this
 9    form and understand the full import of this grant  of  powers
10    to my agent.
11                             Signed..............................
12                                                (principal)
13        The  principal  has  had an opportunity to read the above
14    form and has signed the  form  or  acknowledged  his  or  her
15    signature or mark on the form in my presence.
16    ..........................  Residing at.......................
17            (witness)
18    (YOU  MAY,  BUT  ARE  NOT REQUIRED TO, REQUEST YOUR AGENT AND
19    SUCCESSOR AGENTS TO PROVIDE SPECIMEN  SIGNATURES  BELOW.   IF
20    YOU  INCLUDE  SPECIMEN  SIGNATURES IN THIS POWER OF ATTORNEY,
21    YOU MUST COMPLETE THE CERTIFICATION OPPOSITE  THE  SIGNATURES
22    OF THE AGENTS.)
23    Specimen signatures of     I certify that the signatures of my
24    agent (and successors).    agent (and successors) are correct.
25    ..........................   .................................
26           (agent)                      (principal)
27    ..........................   .................................
28         (successor agent)              (principal)
29    ..........................   .................................
30          (successor agent)             (principal)"
31        (b)  The  statutory  short  form  power  of  attorney for
32    health care (the "statutory health  care  power")  authorizes
33    the agent to make any and all health care decisions on behalf
34    of  the  principal  which the principal could make if present
 
                            -42-     LRB093 10132 LCB 10385 b
 1    and under no disability, subject to any  limitations  on  the
 2    granted  powers  that  appear  on the face of the form, to be
 3    exercised in such manner as the agent deems  consistent  with
 4    the  intent  and desires of the principal.  The agent will be
 5    under no duty to exercise granted powers or to assume control
 6    of or responsibility for the  principal's  health  care;  but
 7    when granted powers are exercised, the agent will be required
 8    to  use  due  care to act for the benefit of the principal in
 9    accordance with the terms of the statutory health care  power
10    and  will  be  liable for negligent exercise.   The agent may
11    act in person or through others reasonably  employed  by  the
12    agent for that purpose but may not delegate authority to make
13    health  care  decisions.   The agent may sign and deliver all
14    instruments, negotiate and enter into all agreements  and  do
15    all other acts reasonably necessary to implement the exercise
16    of  the  powers  granted  to the agent.  Without limiting the
17    generality of the foregoing, the statutory health care  power
18    shall   include   the   following   powers,  subject  to  any
19    limitations appearing on the face of the form:
20        (1)  The agent is  authorized  to  give  consent  to  and
21    authorize  or  refuse, or to withhold or withdraw consent to,
22    any and all types of medical care,  treatment  or  procedures
23    relating  to  the physical or mental health of the principal,
24    including  any  medication  program,   surgical   procedures,
25    life-sustaining treatment or provision of food and fluids for
26    the principal.
27        (2)  The agent is authorized to admit the principal to or
28    discharge  the principal from any and all types of hospitals,
29    institutions,  homes,  residential  or  nursing   facilities,
30    treatment   centers   and   other  health  care  institutions
31    providing personal care or treatment for any type of physical
32    or mental condition.  The agent shall have the same right  to
33    visit  the  principal in the hospital or other institution as
34    is granted to a spouse or adult child of the  principal,  any
 
                            -43-     LRB093 10132 LCB 10385 b
 1    rule of the institution to the contrary notwithstanding.
 2        (3)  The  agent is authorized to contract for any and all
 3    types of health care services and facilities in the  name  of
 4    and  on  behalf of the principal and to bind the principal to
 5    pay for all such services and facilities,  and  to  have  and
 6    exercise  those  powers  over the principal's property as are
 7    authorized under the statutory property power, to the  extent
 8    the  agent  deems necessary to pay health care costs; and the
 9    agent shall not be personally liable for any services or care
10    contracted for on behalf of the principal.
11        (4)  At the principal's expense and subject to reasonable
12    rules of the health care provider to  prevent  disruption  of
13    the  principal's  health  care, the agent shall have the same
14    right the principal has to examine and copy  and  consent  to
15    disclosure  of  all  the principal's medical records that the
16    agent deems relevant to the exercise of the  agent's  powers,
17    whether  the  records  relate  to  mental health or any other
18    medical condition and whether they are in the  possession  of
19    or  maintained  by any physician, psychiatrist, psychologist,
20    therapist,  hospital,  nursing  home  or  other  health  care
21    provider.
22        (5)  The agent is authorized: to direct that  an  autopsy
23    be  made  pursuant  to  Section  2  of "An Act in relation to
24    autopsy of dead bodies", approved August 13, 1965,  including
25    all  amendments;  to make a disposition of any part or all of
26    the  principal's  body  pursuant  to  the  Illinois   Uniform
27    Anatomical  Gift  Act,  as  now  or hereafter amended; and to
28    direct the disposition of the principal's remains.
29    (Source: P.A. 91-240, eff. 1-1-00.)

30        Section 50.  The Uniform Anatomical Gift Act  is  amended
31    by  changing  and renumbering Sections 1, 2, 3, 4, 4.5, 5, 6,
32    7, 8, and 8.1 and by adding Article headings for  Articles  1
33    and 5 and adding Sections 1-5, 5-25, and 5-30 as follows:
 
                            -44-     LRB093 10132 LCB 10385 b
 1        (755 ILCS 50/Art. 1 heading new)
 2        Article 1.  Title and General Provisions.

 3        (755 ILCS 50/1-1 new) (was 755 ILCS 50/1)
 4        Sec. 1-1 1. Short Title.
 5        This  Act may be cited as the Illinois Uniform Anatomical
 6    Gift Act.
 7    (Source: P.A. 76-1209.)

 8        (755 ILCS 50/1-5 new)
 9        Sec. 1-5 Purpose.  Illinois recognizes that  there  is  a
10    critical  shortage  of  human organs and tissues available to
11    citizens in  need  of  organ  and  tissue  transplants.  This
12    shortage  leads  to  the  untimely  death  of many adults and
13    children in Illinois and across the nation  each  year.  This
14    Act is intended to implement the public policy of encouraging
15    timely  donation  of  human organs and tissue in Illinois and
16    facilitating transplants of  those  organs  and  tissue  into
17    patients  in need of them. Through this Act, laws relating to
18    organ   and   tissue   donation   and   transplantation   are
19    consolidated and modified for the purpose of furthering  this
20    public policy.

21        (755 ILCS 50/1-10) (was 755 ILCS 50/2)
22        Sec. 1-10 2.  Definitions.)(a)
23        "Bank  or  storage  facility"  means a facility licensed,
24    accredited or approved  under  the  laws  of  any  state  for
25    storage of human bodies or parts thereof.
26        "Close  friend" means any person 18 years of age or older
27    who has exhibited special care and concern for  the  decedent
28    and  who  presents  an  affidavit to the decedent's attending
29    physician, or  the  hospital  administrator  or  his  or  her
30    designated  representative,  stating that he or she (i) was a
31    close friend of the decedent, (ii) is  willing  and  able  to
 
                            -45-     LRB093 10132 LCB 10385 b
 1    consent  to  the  donation, and (iii) maintained such regular
 2    contact  with  the  decedent  as  to  be  familiar  with  the
 3    decedent's health and social history, and religious and moral
 4    beliefs.  The   affidavit   must   also   state   facts   and
 5    circumstances that demonstrate that familiarity.
 6        (b)  "Death"  means  for  the  purposes  of  the Act, the
 7    irreversible cessation of total brain function, according  to
 8    usual and customary standards of medical practice.
 9        (c)  "Decedent"  means a deceased individual and includes
10    a stillborn infant or fetus.
11        (d)  "Donor" means an individual who makes a gift of  all
12    or parts of his body.
13        "Federally designated organ procurement agency" means the
14    organ  procurement  agency designated by the Secretary of the
15    U.S. Department of Health and Human Services for the  service
16    area in which a hospital is located, or the organ procurement
17    agency  for  which  the  U.S.  Secretary  of Health and Human
18    Services has granted the hospital a  waiver  pursuant  to  42
19    U.S.C. 1320b-8(a).
20        (e)  "Hospital"  means a hospital licensed, accredited or
21    approved under the laws of any state; and includes a hospital
22    operated by the United  States  government,  a  state,  or  a
23    subdivision  thereof,  although  not  required to be licensed
24    under state laws.
25        "Not available" for the  giving  of  consent  or  refusal
26    means:
27        (1)  the  existence  of  the  person  is  unknown  to the
28    hospital administrator or designee, organ procurement agency,
29    or tissue bank and is not readily ascertainable  through  the
30    examination  of  the  decedent's  hospital  records  and  the
31    questioning  of  any  persons  who  are  available for giving
32    consent;
33        (2) the  administrator  or  designee,  organ  procurement
34    agency,  or  tissue  bank  has  unsuccessfully  attempted  to
 
                            -46-     LRB093 10132 LCB 10385 b
 1    contact  the  person  by telephone or in any other reasonable
 2    manner; or
 3        (3) the person is unable or unwilling  to  respond  in  a
 4    manner that indicates the person's refusal or consent.
 5        "Organ"   means  a  human  kidney,  liver,  heart,  lung,
 6    pancreas, small bowel, or other transplantable vascular  body
 7    part   as   determined   by   the   Organ   Procurement   and
 8    Transplantation Network, as periodically selected by the U.S.
 9    Department of Health and Human Services.
10        "Tissue"  means  eyes,  bones, heart valves, veins, skin,
11    and any other portions of a human body excluding blood, blood
12    products or organs.
13        (f)  "Part" means organs, tissues, eyes, bones, arteries,
14    blood, other fluids and any other portions of a human body.
15        (g)  "Person"   means   an    individual,    corporation,
16    government  or  governmental  subdivision or agency, business
17    trust, estate, trust, partnership or association or any other
18    legal entity.
19        (h)  "Physician"  or  "surgeon"  means  a  physician   or
20    surgeon licensed or authorized to practice medicine in all of
21    its branches under the laws of any state.
22        (i)  "State"  includes any state, district, commonwealth,
23    territory, insular possession, and any other area subject  to
24    the legislative authority of the United States of America.
25        (j)  "Technician"   means   an   individual  trained  and
26    certified to remove tissue, by a recognized medical  training
27    institution in the State of Illinois.
28        "Tissue  bank" means any facility or program operating in
29    Illinois that is certified by  the  American  Association  of
30    Tissue  Banks,  the  Eye  Bank Association of America, or the
31    Association  of  Organ  Procurement  Organizations   and   is
32    involved  in procuring, furnishing, donating, or distributing
33    corneas, bones, or other human  tissue  for  the  purpose  of
34    injecting, transfusing, or transplanting any of them into the
 
                            -47-     LRB093 10132 LCB 10385 b
 1    human  body.  "Tissue bank" does not include a licensed blood
 2    bank. For the purposes of this Act, "tissue" does not include
 3    organs or blood or blood products.
 4    (Source: P.A. 79-952.)

 5        (755 ILCS 50/Art. 5/heading new)
 6        Article 5.  Organ Donation.

 7        (755 ILCS 50/5-5 new) (was 755 ILCS 50/3)
 8        Sec. 5-5 3. Persons who may execute an anatomical gift.
 9        (a)  Any individual of sound mind who  has  attained  the
10    age of 18 may give all or any part of his or her body for any
11    purpose  specified  in  Section  5-10  4.  Such a gift may be
12    executed in any of the ways set out in Section  5-20  5,  and
13    shall  take  effect  upon  the individual's death without the
14    need to obtain the consent of any  survivor.   An  anatomical
15    gift  made by an agent of an individual, as authorized by the
16    individual under the Powers of Attorney for Health Care  Law,
17    as  now  or hereafter amended, is deemed to be a gift by that
18    individual and takes effect without the need  to  obtain  the
19    consent of any other person.
20        (b)  If  no  gift has been executed under subsection (a),
21    any of the following persons, in the order of priority stated
22    in items (1) through (11) (9) below, when  persons  in  prior
23    classes  are  not  available  for  the  giving  of consent or
24    refusal and in the absence of (i) actual notice  of  contrary
25    intentions   by  the  decedent  and  (ii)  actual  notice  of
26    opposition by any member within the same priority class,  may
27    consent  to give all or any part of the decedent's body after
28    or immediately before death to a  person  who  may  become  a
29    donee for any purpose specified in Section 5-10 4:
30             (1)  the  guardian  of  the decedent's person at the
31        time of death,
32             (2) (1)  an  individual  acting  as  the  decedent's
 
                            -48-     LRB093 10132 LCB 10385 b
 1        agent  under  a  power  of attorney for health care which
 2        provides specific direction regarding organ donation,
 3             (3)  the   decedent's   surrogate   decision   maker
 4        identified by the attending physician in accordance  with
 5        the Health Care Surrogate Act,
 6             (4) (2)  the decedent's spouse,
 7             (5)   (3)  any  of  the  decedent's  adult  sons  or
 8        daughters,
 9             (6) (4)  either of the decedent's parents,
10             (7) (5)  any of the  decedent's  adult  brothers  or
11        sisters,
12             (8) (6)  any adult grandchild of the decedent,
13             (9)  a close friend of the decedent,
14             (10) (7)  the guardian of the decedent's estate,
15             (8)  the  decedent's  surrogate decision maker under
16        the Health Care Surrogate Act,
17             (11) (9)  any other person authorized or under legal
18        obligation to dispose of the body.
19        If the donee has actual notice of opposition to the  gift
20    by  the  decedent or any person in the highest priority class
21    in which an available person can be found, then  no  gift  of
22    all or any part of the decedent's body shall be accepted.
23        (c)  For  the  purposes of this Act, a person will not be
24    considered "available" for the giving of consent  or  refusal
25    if:
26             (1)  the  existence  of the person is unknown to the
27        donee  and  is  not  readily  ascertainable  through  the
28        examination of the decedent's hospital  records  and  the
29        questioning  of  any persons who are available for giving
30        consent;
31             (2)  the  donee  has  unsuccessfully  attempted   to
32        contact   the   person  by  telephone  or  in  any  other
33        reasonable manner;
34             (3)  the person is unable or unwilling to respond in
 
                            -49-     LRB093 10132 LCB 10385 b
 1        a manner which indicates the person's refusal or consent.
 2        (c) (d)  A gift of all or part of a body  authorizes  any
 3    examination  necessary to assure medical acceptability of the
 4    gift for the purposes intended.
 5        (d) (e)  The rights of the donee created by the gift  are
 6    paramount  to  the  rights  of  others  except as provided by
 7    Section 5-45 8(d).
 8        (e) (f)  If no gift has been executed under this Section,
 9    then no part of the decedent's  body  may  be  used  for  any
10    purpose  specified  in  Section 5-10 4 of this Act, except in
11    accordance with the Organ Donation Request Act or the Corneal
12    Transplant Act.
13    (Source: P.A. 92-349, eff. 1-1-02.)

14        (755 ILCS 50/5-10 new) (was 755 ILCS 50/4)
15        Sec. 5-10 4. Persons Who May Become Donees; Purposes  for
16    Which Anatomical Gifts May be Made.
17        The  following  persons  may  become  donees  of gifts of
18    bodies or parts thereof for the purposes stated:
19        (1)  any hospital, surgeon, or physician, for medical  or
20    dental  education, research, advancement of medical or dental
21    science, therapy, or transplantation; or
22        (2)  any accredited medical,  chiropractic,  mortuary  or
23    dental school, college or university for education, research,
24    advancement of medical or dental science, or therapy; or
25        (3)  any  bank or storage facility, for medical or dental
26    education,  research,  advancement  of  medical   or   dental
27    science, therapy, or transplantation; or
28        (4)  any federally designated organ procurement agency or
29    tissue  bank,  for  medical  or  dental  education, research,
30    advancement  of  medical  or  dental  science,  therapy,   or
31    transplantation; or
32        (5)   (4)  any   specified   individual  for  therapy  or
33    transplantation needed by  him  or  her,  or  for  any  other
 
                            -50-     LRB093 10132 LCB 10385 b
 1    purpose.
 2    (Source: P.A. 76-1209.)

 3        (755 ILCS 50/5-15 new) (was 755 ILCS 50/4.5)
 4        Sec. 5-15 4.5.  Disability of recipient.
 5        (a)  No  hospital, physician and surgeon, bank or storage
 6    facility,  or  other  person  shall  determine  the  ultimate
 7    recipient of  an  anatomical  gift  based  upon  a  potential
 8    recipient's  physical  or  mental  disability,  except to the
 9    extent that the physical or mental disability has been  found
10    by   a   physician  and  surgeon,  following  a  case-by-case
11    evaluation  of  the  potential  recipient,  to  be  medically
12    significant to the provision of the anatomical  gift.
13        (b)  Subsection (a) shall apply to each part of the organ
14    transplant process.
15        (c)  The court shall accord priority on its calendar  and
16    handle  expeditiously  any  action brought to seek any remedy
17    authorized by law for purposes of enforcing  compliance  with
18    this Section.
19        (d)  This   Section   shall  not  be  deemed  to  require
20    referrals  or  recommendations  for  or  the  performance  of
21    medically inappropriate organ transplants.
22        (e)  As used in this Section "disability"  has  the  same
23    meaning  as in the federal Americans with Disabilities Act of
24    1990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may  be
25    amended from time to time.
26    (Source: P.A. 91-345, eff. 1-1-00.)

27        (755 ILCS 50/5-20 new) (was 755 ILCS 50/5)
28        Sec.  5-20 5. Manner of Executing Anatomical Gifts. (a) A
29    gift of all or part of the body under Section 5-5 3  (a)  may
30    be made by will. The gift becomes effective upon the death of
31    the  testator without waiting for probate. If the will is not
32    probated, or if  it  is  declared  invalid  for  testamentary
 
                            -51-     LRB093 10132 LCB 10385 b
 1    purposes, the gift, to the extent that it has been acted upon
 2    in good faith, is nevertheless valid and effective.
 3        (b)  A  gift of all or part of the body under Section 5-5
 4    3 (a) may also be made by a written,  signed  document  other
 5    than a will. The gift becomes effective upon the death of the
 6    donor.  The document, which may be a card or a valid driver's
 7    license designed to be carried on the person, must be  signed
 8    by the donor in the presence of 2 witnesses who must sign the
 9    document  in his presence and who thereby certify that he was
10    of sound mind and memory and free from  any  undue  influence
11    and  knows  the  objects  of his bounty and affection. Such a
12    gift may also be made by properly executing the form provided
13    by the Secretary of State on the reverse side of the  donor's
14    driver's  license pursuant to subsection (b) of Section 6-110
15    of The Illinois Vehicle Code. Delivery  of  the  document  of
16    gift during the donor's lifetime is not necessary to make the
17    gift valid.
18        (c)  The gift may be made to a specified donee or without
19    specifying  a  donee. If the latter, the gift may be accepted
20    by the attending physician as donee upon or following  death.
21    If the gift is made to a specified donee who is not available
22    at  the time and place of death, then if made for the purpose
23    of transplantation, it shall  be  effectuated  in  accordance
24    with  Section  5-25,  and  if  made for any other purpose the
25    attending physician upon or following death, in  the  absence
26    of any expressed indication that the donor desired otherwise,
27    may  accept  the  gift  as donee. The physician who becomes a
28    donee under this  subsection  shall  not  participate  either
29    physically  or  financially in the procedures for removing or
30    transplanting a part.
31        (d)  Notwithstanding Section 5-45 8 (b),  the  donor  may
32    designate  in  his  will, card, or other document of gift the
33    surgeon or physician to carry out the appropriate procedures.
34    In the absence of a designation or if  the  designee  is  not
 
                            -52-     LRB093 10132 LCB 10385 b
 1    available, the donee or other person authorized to accept the
 2    gift may employ or authorize any surgeon or physician for the
 3    purpose.
 4        (e)  Any gift by a person designated in Section 5-5 3 (b)
 5    shall  be  made  by  a  document signed by him or made by his
 6    telegraphic, recorded telephonic, or other recorded message.
 7    (Source: P.A. 85-192.)

 8        (755 ILCS 50/5-25 new)
 9        Sec. 5-25.   Notification; consent.
10        (a)  When,  based   upon   generally   accepted   medical
11    standards, an inpatient in a general acute care hospital with
12    more  than  100  beds  is  a  suitable candidate for organ or
13    tissue donation and the patient has not  made  an  anatomical
14    gift  of  all  or  any  part  of  his or her body pursuant to
15    Section 5-20 of this  Act,  the  hospital  shall  proceed  in
16    accordance  with  the  requirements  of  42  CFR  45  or  any
17    successor provisions of federal statute or regulation, as may
18    be  amended  from  time  to  time,  and the written agreement
19    between the hospital and  the  applicable  organ  procurement
20    agency executed thereunder.
21        (b)  In  making  a  request for organ or tissue donation,
22    the hospital or the  hospital's  federally  designated  organ
23    procurement  agency  or  tissue bank shall request any of the
24    following persons, in the order of priority stated  in  items
25    (1) through (11) below, when persons in prior classes are not
26    available and in the absence of (i) actual notice of contrary
27    intentions  by the decedent, (ii) actual notice of opposition
28    by any member within  the  same  priority  class,  and  (iii)
29    reason  to believe that an anatomical gift is contrary to the
30    decedent's religious beliefs, to consent to the gift  of  all
31    or  any part of the decedent's body for any purpose specified
32    in Section 5-10 of this Act:
33             (1)  the guardian of the decedent's person;
 
                            -53-     LRB093 10132 LCB 10385 b
 1             (2)  an individual acting as  the  decedent's  agent
 2        under a power of attorney for health care;
 3             (3)  the   decedent's   surrogate   decision   maker
 4        identified  by the attending physician in accordance with
 5        the Health Care Surrogate Act;
 6             (4)  the decedent's spouse;
 7             (5)  any of the decedent's adult sons or daughters;
 8             (6)  either of the decedent's parents;
 9             (7)  any  of  the  decedent's  adult   brothers   or
10        sisters;
11             (8)  any adult grandchild of the decedent;
12             (9)  a close friend of the decedent;
13             (10)  the guardian of the decedent's estate; or
14             (11)  any  other  person  authorized  or under legal
15        obligation to dispose of the body.
16        (c)  If  (1)   the   hospital,   the   applicable   organ
17    procurement  agency,  or the tissue bank has actual notice of
18    opposition to the gift by the decedent or any person  in  the
19    highest  priority  class  in which an available person can be
20    found, or (2) there is reason to believe that  an  anatomical
21    gift  is contrary to the decedent's religious beliefs, or (3)
22    the Director of Public Health has adopted a  rule  signifying
23    his or her determination that the need for organs and tissues
24    for donation has been adequately met, then the gift of all or
25    any  part of the decedent's body shall not be requested. If a
26    donation is requested, consent or  refusal  may  be  obtained
27    only from the person or persons in the highest priority class
28    available.  If  the  hospital  administrator,  or  his or her
29    designated representative, the designated  organ  procurement
30    agency,  or  the tissue bank is unable to obtain consent from
31    any of the  persons  named  in  items  (1)  through  (11)  of
32    subsection (b) of this Section, the decedent's body shall not
33    be used for an anatomical gift unless a valid anatomical gift
34    document was executed under this Act.
 
                            -54-     LRB093 10132 LCB 10385 b
 1        (d)  When   there  is  a  suitable  candidate  for  organ
 2    donation, as described in subsection (a), or  if  consent  to
 3    remove  organs  and  tissues  is  granted, the hospital shall
 4    notify the applicable federally designated organ  procurement
 5    agency.  The  federally  designated  organ procurement agency
 6    shall notify any tissue bank specified by the hospital of the
 7    suitable candidate for tissue donation. The organ procurement
 8    agency shall collaborate with all tissue banks in Illinois to
 9    maximize tissue procurement in a timely manner.

10        (755 ILCS 50/5-30 new)
11        Sec. 5-30.  Corneal Transplants.
12        (a)  Upon request by a  physician  licensed  to  practice
13    medicine  in all its branches, or by an eye bank certified by
14    the Eye Bank Association of  America,  and  approved  by  the
15    coroner  or  county  medical examiner, in any case in which a
16    patient is in need of corneal  tissue  for  a  transplant,  a
17    coroner or county medical examiner who orders the performance
18    of  an  autopsy  may  provide  corneal  tissue  of a decedent
19    whenever all of the following conditions are met:
20             (1)  The decedent from whom the tissue is  taken  is
21        under  the  jurisdiction of the coroner or county medical
22        examiner.
23             (2)  There has been  a  reasonable  and  good  faith
24        effort  by  the coroner or county medical examiner or any
25        authorized individual acting for the  coroner  or  county
26        medical  examiner to contact an appropriate person as set
27        forth in subsection (b) of this Section.
28             (3)  No objection by  the  decedent  or,  after  the
29        decedent's  death,  by an appropriate person as set forth
30        in subsection (b) of this Section is known to the coroner
31        or  county  medical  examiner  or  authorized  individual
32        acting for the coroner or county medical  examiner  prior
33        to removal of the corneal tissue.
 
                            -55-     LRB093 10132 LCB 10385 b
 1             (4)  The  person  designated to remove the tissue is
 2        qualified to do so under this Act.
 3             (5)  Removal of the tissue will not  interfere  with
 4        the subsequent course of an investigation or autopsy.
 5             (6)  The  individual  when living did not make known
 6        in writing his or her objection on religious  grounds  to
 7        the removal of his or her corneal tissue.
 8        (b)  Objection  to  the  removal of corneal tissue may be
 9    made known to the  coroner  or  county  medical  examiner  or
10    authorized  individual  acting  for  the  coroner  or  county
11    medical examiner by the individual during his or her lifetime
12    or by the following persons, in the order of priority stated,
13    after the decedent's death:
14             (1)  the  guardian  of  the decedent's person at the
15        time of death;
16             (2)  an individual acting as  the  decedent's  agent
17        under a power of attorney for health care;
18             (3)  the   decedent's   surrogate   decision   maker
19        identified  by the attending physician in accordance with
20        the Health Care Surrogate Act;
21             (4)  the decedent's spouse;
22             (5)  any of the decedent's adult sons or daughters;
23             (6)  either of the decedent's parents;
24             (7)  any  of  the  decedent's  adult   brothers   or
25        sisters;
26             (8)  any adult grandchild of the decedent;
27             (9)  a close friend of the decedent;
28             (10)  the guardian of the decedent's estate; or
29             (11)  any  other  person  authorized  or under legal
30        obligation to dispose of the body.
31        (c)  If the coroner or county  medical  examiner  or  any
32    authorized  individual  acting  for  the  coroner  or  county
33    medical   examiner   has   actual   notice  of  any  contrary
34    indications by the decedent or actual notice that any  member
 
                            -56-     LRB093 10132 LCB 10385 b
 1    within the same class specified in subsection (b), paragraphs
 2    (1)  through  (11),  of  this  Section,  in the same order of
 3    priority, objects to  the  removal,  the  coroner  or  county
 4    medical  examiner  shall  not  approve the removal of corneal
 5    tissue.
 6        (d)  The  coroner  or  county  medical  examiner  or  any
 7    authorized  individual  acting  for  the  coroner  or  county
 8    medical examiner authorizing the removal of  corneal  tissue,
 9    or  the  persons or organizations listed in subsection (a) of
10    this Section, shall not be liable in any  civil  or  criminal
11    action  for removing corneal tissue from a decedent and using
12    the same for transplant purposes if there has been compliance
13    with the provisions of this Section.

14        (755 ILCS 50/5-35 new) (was 755 ILCS 50/6)
15        Sec. 5-35 6. Delivery of Document of Gift.
16        If the gift is made by the donor to  a  specified  donee,
17    the  will,  card,  or  other  document,  or  an executed copy
18    thereof, may be  delivered  to  the  donee  to  expedite  the
19    appropriate  procedures  immediately after death. Delivery is
20    not necessary to the validity of the gift. The will, card, or
21    other document, or an executed copy thereof, may be deposited
22    in any hospital, bank or storage facility, or registry office
23    that accepts  it  for  safekeeping  or  for  facilitation  of
24    procedures  after  death.  On request of any interested party
25    upon or after the donor's death,  the  person  in  possession
26    shall produce the document for examination.
27    (Source: P.A. 76-1209.)

28        (755 ILCS 50/5-40 new) (was 755 ILCS 50/7)
29        Sec. 5-40 7. Amendment or Revocation of the Gift.
30        (a)  If  the  will,  card,  or other document or executed
31    copy thereof, has been delivered to a  specified  donee,  the
32    donor may amend or revoke the gift by:
 
                            -57-     LRB093 10132 LCB 10385 b
 1             (1)  the  execution  and  delivery to the donee of a
 2        signed statement witnessed and certified as  provided  in
 3        Section 5-20 5 (b); or
 4             (2)  a  signed card or document found on his person,
 5        or in his effects, executed at a date subsequent  to  the
 6        date  the  original  gift  was  made  and  witnessed  and
 7        certified as provided in Section 5-20 5 (b).
 8        (b)  Any document of gift which has not been delivered to
 9    the  donee  may be revoked by the donor in the manner set out
10    in subsection (a).
11        (c)  Any gift made by a  will  may  also  be  amended  or
12    revoked in the manner provided for amendment or revocation of
13    wills or as provided in subsection (a).
14    (Source: P.A. 87-895.)

15        (755 ILCS 50/5-45 new) (was 755 ILCS 50/8)
16        Sec.  5-45  8. Rights and Duties at Death. (a)  The donee
17    may accept or reject the gift. If the donee accepts a gift of
18    the entire body, he may, subject to the terms  of  the  gift,
19    authorize  embalming  and  the  use  of  the  body in funeral
20    services, unless a person named in subsection (b) of  Section
21    5-5  3  has  requested, prior to the final disposition by the
22    donee, that the remains of said body be returned  to  his  or
23    her  custody  for  the  purpose  of  final disposition.  Such
24    request shall be honored by the donee if  the  terms  of  the
25    gift  are  silent  on how final disposition is to take place.
26    If the gift is of a part of the body, the donee or technician
27    designated by him upon the death of the donor  and  prior  to
28    embalming,  shall  cause  the  part  to  be  removed  without
29    unnecessary mutilation and without undue delay in the release
30    of  the  body  for  the  purposes of final disposition. After
31    removal of the part, custody of the  remainder  of  the  body
32    vests  in the surviving spouse, next of kin, or other persons
33    under obligation to dispose of the  body,  in  the  order  or
 
                            -58-     LRB093 10132 LCB 10385 b
 1    priority  listed  in  subsection (b) of Section 5-5 3 of this
 2    Act.
 3        (b)  The time of death shall be determined by a physician
 4    who attends  the  donor  at  his  death,  or,  if  none,  the
 5    physician  who  certifies  the death. The physician shall not
 6    participate in the procedures for removing or transplanting a
 7    part.
 8        (c)  A person who acts in good faith in accord  with  the
 9    terms  of  this  Act and the AIDS Confidentiality Act, or the
10    anatomical gift laws of another state or a  foreign  country,
11    is  not  liable for damages in any civil action or subject to
12    prosecution in any  criminal  proceeding  for  his  act.  Any
13    person  that  participates in good faith and according to the
14    usual and customary standards  of  medical  practice  in  the
15    removal  or  transplantation of any part of a decedent's body
16    pursuant to an anatomical gift made  by  the  decedent  under
17    Section  5-20 5 of this Act or pursuant to an anatomical gift
18    made by an individual as  authorized  by  subsection  (b)  of
19    Section 5-5 3 of this Act shall have immunity from liability,
20    civil, criminal, or otherwise, that might result by reason of
21    such  actions.   For the purpose of any proceedings, civil or
22    criminal,  the  validity  of  an  anatomical  gift   executed
23    pursuant  to Section 5-20 5 of this Act shall be presumed and
24    the good faith of any person participating in the removal  or
25    transplantation  of any part of a decedent's body pursuant to
26    an anatomical  gift  made  by  the  decedent  or  by  another
27    individual authorized by the Act shall be presumed.
28        (d)  This  Act is subject to the provisions of "An Act to
29    revise the law in relation to coroners", approved February 6,
30    1874, as now or hereafter amended, to the laws of this  State
31    prescribing  powers and duties with respect to autopsies, and
32    to the statutes, rules, and regulations of  this  State  with
33    respect  to  the  transportation  and disposition of deceased
34    human bodies.
 
                            -59-     LRB093 10132 LCB 10385 b
 1        (e)  If the donee is provided information, or  determines
 2    through  independent examination, that there is evidence that
 3    the gift was exposed  to  the  human  immunodeficiency  virus
 4    (HIV)  or  any  other  identified causative agent of acquired
 5    immunodeficiency syndrome (AIDS), the donee  may  reject  the
 6    gift  and shall treat the information and examination results
 7    as a confidential medical record; the donee may disclose only
 8    the  results  confirming  HIV  exposure,  and  only  to   the
 9    physician of the deceased donor.  The donor's physician shall
10    determine  whether the person who executed the gift should be
11    notified of the confirmed positive test result.
12    (Source: P.A. 85-1209.)

13        (755 ILCS 50/5-50 new) (was 755 ILCS 50/8.1)
14        Sec. 5-50 8.1.  Payment for gift.  (a) Except as provided
15    in subsection (b), any person who knowingly pays or offers to
16    pay any financial consideration to a donor or to any  of  the
17    persons  listed in subsection (b) of Section 5-5 3 for making
18    or consenting to an anatomical gift  shall  be  guilty  of  a
19    Class  A  misdemeanor  for the first conviction and a Class 4
20    felony for subsequent convictions.
21        (b)  This Section does  not  prohibit  reimbursement  for
22    reasonable  costs  associated  with  the  removal, storage or
23    transportation of a human body or part thereof pursuant to an
24    anatomical gift executed pursuant to this Act.
25    (Source: P.A. 85-191.)

26        (755 ILCS 50/9 rep.)
27        (755 ILCS 50/11 rep.)
28        Section 55.  The Uniform Anatomical Gift Act  is  amended
29    by repealing Sections 9 and 11.

30        (755 ILCS 55/Act rep.)
31        Section  60.  The  Illinois  Corneal  Transplant  Act  is
 
                            -60-     LRB093 10132 LCB 10385 b
 1    repealed.

 2        (755 ILCS 60/Act rep.)
 3        Section 65.  The Organ Donation Request Act is repealed.

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.
 
                            -61-     LRB093 10132 LCB 10385 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 2310/2310-330     was 20 ILCS 2310/55.46
 4    105 ILCS 5/27-23.5
 5    210 ILCS 85/6.16
 6    210 ILCS 85/10.4          from Ch. 111 1/2, par. 151.4
 7    410 ILCS 305/7            from Ch. 111 1/2, par. 7307
 8    625 ILCS 5/6-110          from Ch. 95 1/2, par. 6-110
 9    625 ILCS 5/12-215         from Ch. 95 1/2, par. 12-215
10    720 ILCS 5/12-20          from Ch. 38, par. 12-20
11    755 ILCS 35/6             from Ch. 110 1/2, par. 706
12    755 ILCS 40/20            from Ch. 110 1/2, par. 851-20
13    755 ILCS 40/65
14    755 ILCS 45/4-7           from Ch. 110 1/2, par. 804-7
15    755 ILCS 45/4-10          from Ch. 110 1/2, par. 804-10
16    755 ILCS 50/Art. 1 heading new
17    755 ILCS 50/1-1 new       was 755 ILCS 50/1
18    755 ILCS 50/1-5 new
19    755 ILCS 50/1-10          was 755 ILCS 50/2
20    755 ILCS 50/Art. 5/heading new
21    755 ILCS 50/5-5 new       was 755 ILCS 50/3
22    755 ILCS 50/5-10 new      was 755 ILCS 50/4
23    755 ILCS 50/5-15 new      was 755 ILCS 50/4.5
24    755 ILCS 50/5-20 new      was 755 ILCS 50/5
25    755 ILCS 50/5-25 new
26    755 ILCS 50/5-30 new
27    755 ILCS 50/5-35 new      was 755 ILCS 50/6
28    755 ILCS 50/5-40 new      was 755 ILCS 50/7
29    755 ILCS 50/5-45 new      was 755 ILCS 50/8
30    755 ILCS 50/5-50 new      was 755 ILCS 50/8.1
31    755 ILCS 50/9 rep.
32    755 ILCS 50/11 rep.
33    755 ILCS 55/Act rep.
34    755 ILCS 60/Act rep.