Section 250.280  Agreement with Designated Organ Procurement Agencies

a)         Each hospital shall have an agreement with its federally designated organ procurement agency providing for notification of the organ procurement agency when potential organ donors become available, as required in Section 2 of the Organ Donation Request Act [755 ILCS 60].  (Section 6.16 of the Act)

b)         Each hospital shall provide its federally designated organ procurement agency and any tissue bank with which it has an agreement with access to the medical records of deceased patients for the following purposes:

1)         estimating the hospital's organ and tissue donation potential;

2)         identifying the educational needs of the hospital with respect to organ and tissue donation; and

3)         identifying the number of organ and tissue donations and referrals to potential organ and tissue donors.  (Section 6.17(a) of the Act)

c)         All hospital and patient information, interviews, reports, statements, memoranda, and other data obtained or created by a tissue bank or federally designated organ procurement agency from the medical records review in subsection (b) of this Section shall be privileged, strictly confidential, and used only for the purpose put forth in subsection (b) of this Section and shall not be admissible as evidence nor discoverable in an action of any kind of court or before a tribunal, board, agency, or person.  (Section 6.17(b) of the Act)

d)         Any person who, in good faith, acts in accordance with the terms of this Section shall not be subject to any type of civil or criminal liability or discipline for unprofessional conduct for those actions.  (Section 6.17(c) of the Act)

(Source:  Added at 20 Ill. Reg. 10009, effective July 15, 1996)