Health Care Availability and Access Committee
Filed: 02/24/04
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1 | AMENDMENT TO HOUSE BILL 3857
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2 | AMENDMENT NO. ____ . Amend House Bill 3857 by
replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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7 | (20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
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8 | Sec. 2310-330. Sperm and tissue bank registry; AIDS test | ||||||
9 | for donors;
penalties.
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10 | (a) The Department shall establish a registry of all sperm
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11 | banks and tissue banks operating in this State. All sperm banks | ||||||
12 | and tissue
banks operating in this State
shall register with | ||||||
13 | the Department by May 1 of each year. Any person,
hospital, | ||||||
14 | clinic, corporation, partnership, or other legal entity that
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15 | operates a sperm bank or tissue bank in this State and fails to | ||||||
16 | register with
the
Department pursuant to this Section commits a | ||||||
17 | business offense and shall be
subject to a fine of $5000.
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18 | (b) All donors
of semen for purposes of artificial | ||||||
19 | insemination, or donors of corneas,
bones, organs, or other | ||||||
20 | human tissue for the purpose of injecting,
transfusing, or | ||||||
21 | transplanting any of them in the human body, shall be
tested | ||||||
22 | for
evidence of exposure to human immunodeficiency virus (HIV)
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23 | and any other identified causative agent of acquired | ||||||
24 | immunodeficiency
syndrome (AIDS) at the time of or after the |
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1 | donation but prior to the
semen, corneas, bones, organs, or | ||||||
2 | other human tissue being made available for
that use.
However, | ||||||
3 | when in the opinion of the attending physician the life of a
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4 | recipient of a bone, organ, or other human tissue donation | ||||||
5 | would be
jeopardized by delays caused by testing for evidence | ||||||
6 | of exposure to HIV and
any other causative agent of AIDS, | ||||||
7 | testing shall not be required.
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8 | (c) Except as otherwise provided in subsection (c-5), no | ||||||
9 | person may
intentionally, knowingly, recklessly, or | ||||||
10 | negligently
use the semen, corneas, bones, organs, or
other | ||||||
11 | human tissue of a donor unless the requirements of subsection | ||||||
12 | (b)
have been met. Except as otherwise provided in subsection | ||||||
13 | (c-5), no person
may intentionally, knowingly, recklessly, or
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14 | negligently use the semen, corneas, bones, organs, or other | ||||||
15 | human tissue of a
donor who
has tested positive for exposure to
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16 | HIV or any other identified causative agent of AIDS. Violation | ||||||
17 | of
this subsection (c) shall be a Class 4 felony.
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18 | (c-5) It is not a violation of this Section for a person to | ||||||
19 | perform a solid
organ transplant
of an organ from an HIV | ||||||
20 | infected donor to a person who has tested positive for
exposure
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21 | to HIV or any other identified causative agent of AIDS and who | ||||||
22 | is in immediate
threat of
death unless the transplant is | ||||||
23 | performed. A tissue bank that provides an organ
from an
HIV | ||||||
24 | infected donor under this subsection (c-5) may not be | ||||||
25 | criminally or civilly
liable for
the furnishing of that organ | ||||||
26 | under this subsection (c-5).
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27 | (d) For the purposes of this Section : ,
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28 | "Human tissue" shall not be
construed to mean whole blood | ||||||
29 | or its component parts.
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30 | For the purposes of
this Section, "Tissue bank" means any | ||||||
31 | facility or
program that is involved in procuring, furnishing, | ||||||
32 | donating, processing, or
distributing corneas, bones, organs, | ||||||
33 | or other human tissue for the purpose
of injecting, | ||||||
34 | transfusing, or transplanting any of them in the human body.
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1 | "Solid organ transplant" means the surgical | ||||||
2 | transplantation of internal
organs including, but not limited | ||||||
3 | to, the liver, kidney, pancreas, lungs, or
heart.
"Solid
organ | ||||||
4 | transplant" does not mean a bone marrow based transplant or a | ||||||
5 | blood
transfusion.
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6 | "HIV infected donor" means a deceased donor who was | ||||||
7 | infected with HIV or a living donor known to be infected with | ||||||
8 | HIV and who is willing to donate a part or all of one or more of | ||||||
9 | his or her organs. A determination of the donor's HIV infection | ||||||
10 | is made by the donor's medical history or by specific tests | ||||||
11 | that document HIV infection, such as HIV RNA or DNA, or by | ||||||
12 | antibodies to HIV.
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13 | (Source: P.A. 91-239, eff. 1-1-00.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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