HB4862 Engrossed

LRB093 18625 DRJ 44350 b






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    AN ACT concerning organ donations.

 
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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 Organ Donation Request Act is amended  by 
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adding Section 3.5 as follows:
 
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    (755 ILCS 60/3.5  new)
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    Sec. 3.5. Notification of patient; family rights and 
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options.
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    (a) In this Section, "donation after cardiac death" means 
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the donation of organs from a ventilated patient without a 
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certification of brain death and with a do-not-resuscitate 
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order, if a decision has been reached by the physician and the 
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family to withdraw life support and if the donation does not 
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occur until after the declaration of cardiac death.
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    (b) If (i) a potential organ donor, or an individual given 
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authority under subsection (b) of Section 2 to consent to an 
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organ donation, expresses an interest in organ donation, (ii) 
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there has not been a certification of brain death for the 
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potential donor, and (iii) the potential donor is a patient at 
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a hospital that does not allow donation after cardiac death, 
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then the organ procurement agency shall inform the patient or 
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the individual given authority to consent to organ donation 
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that the hospital does not allow donation after cardiac death.

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    (c) In addition to providing oral notification, the organ 
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procurement agency shall develop a written form that indicates 
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to the patient or the individual given authority to consent to 
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organ donation, at a minimum, the following information:

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        (1) That the patient or the individual given authority 
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to consent to organ donation has received literature and 
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has been counseled by (representative's name) of the (organ 
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procurement agency name).
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        (2) That all organ donation options have been explained 
 


 






HB4862 Engrossed
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LRB093 18625 DRJ 44350 b




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to the patient or the individual given authority to consent 
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to organ donation, including the option of donation after 
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cardiac death.
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        (3) That the patient or the individual given authority 
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to consent to organ donation is aware that the hospital 
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where the potential donor is a patient does not allow 
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donation after cardiac death.

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        (4) That the patient or the individual given authority 
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to consent to organ donation has been informed of the right 
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to request a patient transfer to a facility allowing 
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donation after cardiac death.
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        (5) That the patient or the individual given authority 
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to consent to organ donation has been informed of another 
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hospital that will allow donation after cardiac death and 
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will accept a patient transfer for the purpose of donation 
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after cardiac death; and that the cost of transferring the 
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patient to that other hospital will be covered by the organ 
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procurement agency, with no additional cost to the patient 
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or the individual given authority to consent to organ 
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donation.
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    The form required under this subsection must include a 
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place for the signatures of the patient or the individual given 
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authority to consent to organ donation and the representative 
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of the organ procurement agency and space to provide the date 
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that the form was signed.

 

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