093_HB3857

                                     LRB093 13547 RLC 18894 b

 1        AN ACT in relation to transplants.

 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  the
29    life  of  a recipient of a bone, organ, or other human tissue
30    donation would be jeopardized by delays caused by testing for
31    evidence of exposure to HIV and any other causative agent  of
 
                            -2-      LRB093 13547 RLC 18894 b
 1    AIDS, testing shall not be required.
 2        (c)  Except as otherwise provided in subsection (c-5), no
 3    person   may   intentionally,   knowingly,   recklessly,   or
 4    negligently  use  the semen, corneas, bones, organs, or other
 5    human tissue of a donor unless the requirements of subsection
 6    (b)  have  been  met.   Except  as  otherwise   provided   in
 7    subsection  (c-5),  no  person  may intentionally, knowingly,
 8    recklessly, or negligently use  the  semen,  corneas,  bones,
 9    organs,  or  other  human  tissue  of  a donor who has tested
10    positive  for  exposure  to  HIV  or  any  other   identified
11    causative  agent  of  AIDS.  Violation of this subsection (c)
12    shall be a Class 4 felony.
13        (c-5) It is not a violation of this Section for a  person
14    to  perform  a solid organ transplant of an organ from an HIV
15    positive donor to  a  person  who  has  tested  positive  for
16    exposure  to  HIV  or any other identified causative agent of
17    AIDS and who is in  immediate  threat  of  death  unless  the
18    transplant is performed. A tissue bank that provides an organ
19    from  an  HIV  positive donor under this subsection (c-5) may
20    not be criminally or civilly liable  for  the  furnishing  of
21    that organ under this subsection (c-5).
22        (d)  For the purposes of this Section:,
23        "Human tissue" shall not be construed to mean whole blood
24    or its component parts.
25        For the purposes of this Section, "Tissue bank" means any
26    facility   or   program   that   is  involved  in  procuring,
27    furnishing, donating, processing,  or  distributing  corneas,
28    bones,  organs,  or  other  human  tissue  for the purpose of
29    injecting, transfusing, or transplanting any of them  in  the
30    human body.
31        "Solid    organ    transplant"    means    the   surgical
32    transplantation of internal organs including, but not limited
33    to, the liver, kidney, pancreas, lungs,  or  heart.    "Solid
34    organ   transplant"   does  not  mean  a  bone  marrow  based
 
                            -3-      LRB093 13547 RLC 18894 b
 1    transplant or a blood transfusion.
 2        "HIV positive  donor"  means  a  deceased  donor  who  is
 3    positive for HIV as determined by HIV antibody testing or who
 4    is known to be HIV positive by the donor's medical history or
 5    by HIV RNA testing.
 6    (Source: P.A. 91-239, eff. 1-1-00.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.