State of Illinois
91st General Assembly
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Public Act 91-0345

HB2783 Enrolled                                LRB9100322SMdv

    AN ACT to amend the Uniform Anatomical Gift Act by adding
Section 4.5.

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

    Section 5.  The Uniform Anatomical Gift Act is amended by
adding Section 4.5  as follows:

    (755 ILCS 50/4.5 new)
    Sec. 4.5.  Disability of recipient.
    (a)  No  hospital, physician and surgeon, bank or storage
facility,  or  other  person  shall  determine  the  ultimate
recipient of  an  anatomical  gift  based  upon  a  potential
recipient's  physical  or  mental  disability,  except to the
extent that the physical or mental disability has been  found
by   a   physician  and  surgeon,  following  a  case-by-case
evaluation  of  the  potential  recipient,  to  be  medically
significant to the provision of the anatomical  gift.
    (b)  Subsection (a) shall apply to each part of the organ
transplant process.
    (c)  The court shall accord priority on its calendar  and
handle  expeditiously  any  action brought to seek any remedy
authorized by law for purposes of enforcing  compliance  with
this Section.
    (d)  This   Section   shall  not  be  deemed  to  require
referrals  or  recommendations  for  or  the  performance  of
medically inappropriate organ transplants.
    (e)  As used in this Section "disability"  has  the  same
meaning  as in the federal Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq., Public Law 101-336).

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