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HB3857 Engrossed |
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LRB093 13547 RLC 18894 b |
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| AN ACT in relation to transplants.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Department of Public Health Powers and |
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| Duties Law of the
Civil Administrative Code of Illinois is |
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| amended by changing
Section 2310-330 as follows:
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| (20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
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| Sec. 2310-330. Sperm and tissue bank registry; AIDS test |
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| for donors;
penalties.
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| (a) The Department shall establish a registry of all sperm
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| banks and tissue banks operating in this State. All sperm banks |
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| and tissue
banks operating in this State
shall register with |
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| the Department by May 1 of each year. Any person,
hospital, |
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| clinic, corporation, partnership, or other legal entity that
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| operates a sperm bank or tissue bank in this State and fails to |
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| register with
the
Department pursuant to this Section commits a |
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| business offense and shall be
subject to a fine of $5000.
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| (b) All donors
of semen for purposes of artificial |
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| insemination, or donors of corneas,
bones, organs, or other |
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| human tissue for the purpose of injecting,
transfusing, or |
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| transplanting any of them in the human body, shall be
tested |
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| for
evidence of exposure to human immunodeficiency virus (HIV)
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| and any other identified causative agent of acquired |
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| immunodeficiency
syndrome (AIDS) at the time of or after the |
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| donation but prior to the
semen, corneas, bones, organs, or |
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| other human tissue being made available for
that use.
However, |
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| when in the opinion of the attending physician the life of a
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| recipient of a bone, organ, or other human tissue donation |
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| would be
jeopardized by delays caused by testing for evidence |
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| of exposure to HIV and
any other causative agent of AIDS, |
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| testing shall not be required.
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| (c) Except as otherwise provided in subsection (c-5), no |
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HB3857 Engrossed |
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LRB093 13547 RLC 18894 b |
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| person may
intentionally, knowingly, recklessly, or |
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| negligently
use the semen, corneas, bones, organs, or
other |
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| human tissue of a donor unless the requirements of subsection |
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| (b)
have been met. Except as otherwise provided in subsection |
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| (c-5), no person
may intentionally, knowingly, recklessly, or
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| negligently use the semen, corneas, bones, organs, or other |
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| human tissue of a
donor who
has tested positive for exposure to
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| HIV or any other identified causative agent of AIDS. Violation |
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| of
this subsection (c) shall be a Class 4 felony.
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| (c-5) It is not a violation of this Section for a person to |
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| perform a solid
organ transplant
of an organ from an HIV |
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| infected donor to a person who has tested positive for
exposure
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| to HIV or any other identified causative agent of AIDS and who |
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| is in immediate
threat of
death unless the transplant is |
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| performed. A tissue bank that provides an organ
from an
HIV |
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| infected donor under this subsection (c-5) may not be |
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| criminally or civilly
liable for
the furnishing of that organ |
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| under this subsection (c-5).
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| (d) For the purposes of this Section: ,
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| "Human tissue" shall not be
construed to mean whole blood |
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| or its component parts.
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| For the purposes of
this Section, "Tissue bank" means any |
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| facility or
program that is involved in procuring, furnishing, |
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| donating, processing, or
distributing corneas, bones, organs, |
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| or other human tissue for the purpose
of injecting, |
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| transfusing, or transplanting any of them in the human body.
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| "Solid organ transplant" means the surgical |
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| transplantation of internal
organs including, but not limited |
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| to, the liver, kidney, pancreas, lungs, or
heart.
"Solid
organ |
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| transplant" does not mean a bone marrow based transplant or a |
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| blood
transfusion.
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| "HIV infected donor" means a deceased donor who was |
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| infected with HIV or a living donor known to be infected with |
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| HIV and who is willing to donate a part or all of one or more of |
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| his or her organs. A determination of the donor's HIV infection |
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| is made by the donor's medical history or by specific tests |