HB2140 101ST GENERAL ASSEMBLY

LRB101 05072 CPF 50083 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2140

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-330

was 20 ILCS 2310/55.46

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to require each sperm bank operating in this State to keep records of the name and contact information of each sperm donor for a period of 50 years following the donation of sperm. Provides that before any sperm donor makes a donation at a sperm bank, the sperm bank shall require the sperm donor to agree in writing that he has no expectation of anonymity with regard to his donation and that his biological child may be provided with his contact information upon request of the child or the child's parent or guardian if the child is under the age of 18. Provides that the sperm bank shall provide the sperm donor's contact information to the Department and to the biological child of the sperm donor upon request of the child or the parent or guardian of the child if the child is under the age of 18. Requires the Department to create and maintain a database of the sperm donors' names and contact information provided by the sperm bank. Requires the Department to make the name and contact information of a sperm donor available to that sperm donor's verified biological child upon request. Defines "sperm donor".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

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

(20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)

Sec. 2310-330. Sperm and tissue bank registry; sperm donor records; AIDS test for donors; penalties.

(a) The Department shall establish a registry of all sperm banks and tissue banks operating in this State. All sperm banks and tissue banks operating in this State shall register with the Department by May 1 of each year. Any person, hospital, clinic, corporation, partnership, or other legal entity that operates a sperm bank or tissue bank in this State and fails to register with the Department pursuant to this Section commits a business offense and shall be subject to a fine of $5000.

(a-5) The Department shall require each sperm bank operating in this State to keep records of the name and contact information of each sperm donor for a period of 50 years following the donation of sperm. The sperm bank shall provide those records to the Department and to the biological child of the sperm donor upon the biological child's request or upon the request of the biological child's parent or guardian if the biological child is under the age of 18.

Before any sperm donor makes a donation at a sperm bank, the sperm bank shall require the sperm donor to agree in writing that he has no expectation of anonymity with regard to his donation and that his biological child may be provided with his contact information upon request of the child or the child's parent or guardian if the child is under the age of 18.

The Department shall create and maintain a database of the sperm donors' names and contact information provided by each sperm bank. Upon request and the presentation of proof adequate for the Department to determine the truth of the biological child's identity, the Department shall make the name and contact information of a sperm donor available to that sperm donor's biological child or the biological child's parent or guardian if the biological child is under the age of 18.

(b) All donors of semen for purposes of artificial insemination, or donors of corneas, bones, organs, or other human tissue for the purpose of injecting, transfusing, or transplanting any of them in the human body, shall be tested for evidence of exposure to human immunodeficiency virus (HIV) and any other identified causative agent of acquired immunodeficiency syndrome (AIDS) at the time of or after the donation but prior to the semen, corneas, bones, organs, or other human tissue being made available for that use. However, when in the opinion of the attending physician the life of a recipient of a bone, organ, or other human tissue donation would be jeopardized by delays caused by testing for evidence of exposure to HIV and any other causative agent of AIDS, testing shall not be required.

(c) Except as otherwise provided in subsection (c-5), no person may intentionally, knowingly, recklessly, or negligently use the semen, corneas, bones, organs, or other human tissue of a donor unless the requirements of subsection (b) have been met. Except as otherwise provided in subsection (c-5), no person may intentionally, knowingly, recklessly, or negligently use the semen, corneas, bones, organs, or other human tissue of a donor who has tested positive for exposure to HIV or any other identified causative agent of AIDS. Violation of this subsection (c) shall be a Class 4 felony.

(c-5) It is not a violation of this Section for a person to perform a solid organ transplant of an organ from an HIV infected donor to a person who has tested positive for exposure to HIV or any other identified causative agent of AIDS and who is in immediate threat of death unless the transplant is performed. A tissue bank that provides an organ from an HIV infected donor under this subsection (c-5) may not be criminally or civilly liable for the furnishing of that organ under this subsection (c-5).

(d) For the purposes of this Section:

"Human tissue" shall not be construed to mean organs or whole blood or its component parts.

"Tissue bank" has the same meaning as set forth in the Illinois Anatomical Gift Act.

"Solid organ transplant" means the surgical transplantation of internal organs including, but not limited to, the liver, kidney, pancreas, lungs, or heart. "Solid organ transplant" does not mean a bone marrow based transplant or a blood transfusion.

"Sperm donor" means a person who donates semen to a sperm bank for the purposes of artificial insemination.

"HIV infected donor" means a deceased donor who was infected with HIV or a living donor known to be infected with HIV and who is willing to donate a part or all of one or more of his or her organs. A determination of the donor's HIV infection is made by the donor's medical history or by specific tests that document HIV infection, such as HIV RNA or DNA, or by antibodies to HIV.

(Source: P.A. 95-331, eff. 8-21-07.)