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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2756 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: |
| 755 ILCS 50/1-10 | was 755 ILCS 50/2 | 755 ILCS 50/5-5 | was 755 ILCS 50/3 |
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Amends the Illinois Anatomical Gift Act. Provides that the term "decedent" includes a deceased individual organism of the species homo sapiens from fertilization until live birth. Provides that notwithstanding any other provision of the Act, if the decedent is a fetus upon whom an abortion has been performed, then no part of the decedent's body may be used for any purpose specified in the Act. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Anatomical Gift Act is amended by |
5 | | changing Sections 1-10 and 5-5 as follows: |
6 | | (755 ILCS 50/1-10) (was 755 ILCS 50/2)
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7 | | Sec. 1-10. Definitions.
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8 | | "Close friend" means any person 18 years of age or older |
9 | | who has exhibited
special care
and concern for the decedent and |
10 | | who presents an affidavit to the decedent's
attending |
11 | | physician,
or the hospital administrator or his or her |
12 | | designated representative, stating
that he or she (i) was a
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13 | | close friend of the decedent, (ii) is willing and able to |
14 | | authorize the
donation, and (iii)
maintained such regular |
15 | | contact with the decedent as to be familiar with the
decedent's |
16 | | health
and social history, and religious and moral beliefs. The |
17 | | affidavit must also
state facts and
circumstances that |
18 | | demonstrate that familiarity.
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19 | | "Death" means, for the purposes of the Act, when, according |
20 | | to accepted medical standards, there is (i) an irreversible |
21 | | cessation of circulatory and respiratory functions; or (ii) an |
22 | | irreversible cessation of all functions of the entire brain, |
23 | | including the brain stem.
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1 | | "Decedent" means a deceased individual and includes a |
2 | | stillborn
infant or fetus and a deceased fetus or unborn child, |
3 | | as those terms are defined in subsection (6) of Section 2 of |
4 | | the Illinois Abortion Law of 1975 .
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5 | | "Disinterested witness" means a witness other than the |
6 | | spouse, child, parent, sibling, grandchild, grandparent, or |
7 | | guardian of the individual who makes, amends, revokes, or |
8 | | refuses to make an anatomical gift, or another adult who |
9 | | exhibited special care and concern for the individual. The term |
10 | | does not include a person to whom an anatomical gift could pass |
11 | | under Section 5-12. |
12 | | "Document of gift" means a donor card or other record used |
13 | | to make an anatomical gift. The term includes a donor registry. |
14 | | "Donee" means the individual designated by the donor as the |
15 | | intended recipient or an entity which receives the anatomical |
16 | | gift, including, but not limited to, a hospital; an accredited |
17 | | medical school, dental school, college, or university; an organ |
18 | | procurement organization; an eye bank; a tissue bank; for |
19 | | research or education, a non-transplant anatomic bank; or other |
20 | | appropriate person. |
21 | | "Donor" means an individual whose body or part is the |
22 | | subject of an anatomical gift.
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23 | | "Hospital" means a hospital licensed, accredited or |
24 | | approved under
the laws of any state; and includes a hospital |
25 | | operated by the United
States government, a state, or a |
26 | | subdivision thereof, although not required
to be licensed under |
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1 | | state laws.
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2 | | "Non-transplant anatomic bank" means any facility or |
3 | | program operating or providing services in this State that is |
4 | | accredited by the American Association of Tissue Banks and that |
5 | | is involved in procuring, furnishing, or distributing whole |
6 | | bodies or parts for the purpose of medical education. For |
7 | | purposes of this Section, a non-transplant anatomic bank |
8 | | operating under the auspices of a hospital, accredited medical |
9 | | school, dental school, college or university, or federally |
10 | | designated organ procurement organization is not required to be |
11 | | accredited by the American Association of Tissue Banks.
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12 | | "Organ" means a human kidney, liver, heart, lung, pancreas, |
13 | | small bowel, or
other
transplantable vascular body part as |
14 | | determined by the Organ Procurement and
Transplantation
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15 | | Network, as periodically selected by the U.S. Department of |
16 | | Health and Human
Services.
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17 | | "Organ procurement organization" means the organ |
18 | | procurement organization designated by the Secretary of the |
19 | | U.S. Department of Health and Human Services for the service |
20 | | area in which a hospital is located, or the organ procurement |
21 | | organization for which the Secretary of the U.S. Department of |
22 | | Health and Human Services has granted the hospital a waiver |
23 | | pursuant to 42 U.S.C. 1320b-8(a).
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24 | | "Part" means organs, tissues, eyes, bones, arteries, |
25 | | blood, other
fluids and any other portions of a human body.
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26 | | "Person" means an individual, corporation, government or
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1 | | governmental subdivision or agency, business trust, estate, |
2 | | trust,
partnership or association or any other legal entity.
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3 | | "Physician" or "surgeon" means a physician or surgeon |
4 | | licensed or
authorized to practice medicine in all of its |
5 | | branches under the laws of
any state.
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6 | | "Procurement organization" means an organ procurement |
7 | | organization or a tissue bank. |
8 | | "Reasonably available for the giving of consent or refusal" |
9 | | means being able to be contacted by a procurement organization |
10 | | without undue effort and being willing and able to act in a |
11 | | timely manner consistent with existing medical criteria |
12 | | necessary for the making of an anatomical gift. |
13 | | "Recipient" means an individual into whose body a donor's |
14 | | part has been or is intended to be transplanted. |
15 | | "State" includes any state, district, commonwealth, |
16 | | territory,
insular possession, and any other area subject to |
17 | | the legislative authority
of the United States of America.
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18 | | "Technician" means an individual trained and certified to |
19 | | remove
tissue, by a recognized medical training institution in |
20 | | the State of
Illinois.
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21 | | "Tissue" means eyes, bones, heart valves, veins, skin, and |
22 | | any other portions
of
a human
body excluding blood, blood |
23 | | products or organs. |
24 | | "Tissue bank" means any facility or program operating in |
25 | | Illinois that is
accredited by
the American Association of |
26 | | Tissue Banks, the Eye Bank Association of America,
or the
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1 | | Association of Organ Procurement Organizations and is involved |
2 | | in procuring,
furnishing,
donating, or distributing corneas, |
3 | | bones, or other human tissue for the purpose
of injecting,
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4 | | transfusing, or transplanting any of them into the human body |
5 | | or for the purpose of research or education. "Tissue bank"
does |
6 | | not include
a licensed blood bank. For the purposes of this |
7 | | Act, "tissue" does not include
organs or blood or
blood |
8 | | products.
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9 | | (Source: P.A. 98-172, eff. 1-1-14; 98-756, eff. 7-16-14.)
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10 | | (755 ILCS 50/5-5) (was 755 ILCS 50/3)
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11 | | Sec. 5-5. Persons who
may execute an anatomical gift.
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12 | | (a) An anatomical gift of a donor's body or part that is to |
13 | | be carried out upon the donor's death may be made during the |
14 | | life of the donor for the purpose of transplantation, therapy, |
15 | | research, or education by: |
16 | | (1) the donor, if the donor is an adult, an emancipated |
17 | | minor, or 16 or 17 years of age and registered in the First |
18 | | Person Consent organ and tissue donor registry under |
19 | | subsection (g) of Section 6-117 of the Illinois Vehicle |
20 | | Code; |
21 | | (2) an agent of the donor, unless the power of attorney |
22 | | for health care or other record prohibits the agent from |
23 | | making an anatomical gift; |
24 | | (3) a parent of the donor, if the donor is an |
25 | | unemancipated minor; or |
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1 | | (4) the donor's guardian.
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2 | | (b) If no gift has been executed under subsection (a), an |
3 | | anatomical gift of a decedent's body or part for the purpose of |
4 | | transplantation, therapy, research, or education may be made at |
5 | | the time of the decedent's death, or when death is imminent, by |
6 | | a member of the following classes of persons who is reasonably |
7 | | available for the giving of authorization or refusal, in the |
8 | | order of priority listed, when
persons
in prior classes are not |
9 | | available for the giving of authorization or refusal and
in the |
10 | | absence of actual notice
of contrary intentions by the |
11 | | decedent:
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12 | | (1) an individual acting as the decedent's agent under |
13 | | a
power of attorney for health
care;
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14 | | (2) the guardian of the person of the decedent; |
15 | | (3) the spouse or civil union partner of the decedent; |
16 | | (4) an adult child of the decedent; |
17 | | (5) a parent of the decedent; |
18 | | (6) an adult sibling of the decedent; |
19 | | (7) an adult grandchild of the decedent; |
20 | | (8) a grandparent of the decedent; |
21 | | (9) a close friend of the decedent; |
22 | | (10) the guardian of the estate of the decedent; and
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23 | | (11) any other person authorized or under legal
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24 | | obligation to dispose of
the body.
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25 | | (b-5) If there is more than one member of a class listed in |
26 | | item (2), (4), (5), (6), or (7) of subsection (b) of this |
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1 | | Section entitled to make an anatomical gift, an anatomical gift |
2 | | may be made by a member of the class unless that member or a |
3 | | person to which the gift may pass under Section 5-12 knows of |
4 | | an objection by another member of the class. If an objection is |
5 | | known, the gift may be made only by a majority of the members |
6 | | of the class who are reasonably available for the giving of |
7 | | authorization or refusal. |
8 | | (b-10) A person may not make an anatomical gift if, at the |
9 | | time of the decedent's death, a person in a higher priority |
10 | | class under subsection (b) of this Section is reasonably |
11 | | available for the giving of authorization or refusal. |
12 | | (c) A gift of all or part of a body authorizes any blood or |
13 | | tissue test or minimally invasive examination
necessary
to |
14 | | assure medical acceptability of the gift for the purposes |
15 | | intended.
The hospital shall, to the extent possible and in |
16 | | accordance with any agreement with the organ procurement |
17 | | organization or tissue bank, take measures necessary to |
18 | | maintain the medical suitability of the part until the |
19 | | procurement organization has had the opportunity to advise the |
20 | | applicable persons as set forth in this Act of the option to |
21 | | make an anatomical gift or has ascertained that the individual |
22 | | expressed a contrary intent and has so informed the hospital. |
23 | | The results of tests and examinations under this subsection |
24 | | shall be used or disclosed only for purposes of evaluating |
25 | | medical suitability for donation, to facilitate the donation |
26 | | process, and as required or permitted by existing law.
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1 | | (d) The rights of the donee created by the gift are |
2 | | paramount to
the
rights of others except as provided by Section |
3 | | 5-45(d).
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4 | | (e) If no gift has been executed under this Act, then no
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5 | | part of the
decedent's body may be used for any purpose |
6 | | specified in this
Act.
Notwithstanding any other provision of |
7 | | this Act, if (i) the decedent is a fetus; and (ii) an abortion, |
8 | | as that term is defined in subsection (4) of Section 2 of the |
9 | | Illinois Abortion Law of 1975, has been performed on the |
10 | | decedent, then no part of the decedent's body may be used for |
11 | | any purposes specified in this Act.
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12 | | (Source: P.A. 100-41, eff. 1-1-18 .)
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13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.
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