Human Services Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 4862
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2 | AMENDMENT NO. ______. Amend House Bill 4862 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning organ donations."; and
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5 | |||||||
6 | by replacing everything after the enacting clause with the | ||||||
7 | following: | ||||||
8 | "Section 5. The Organ Donation Request Act is amended by | ||||||
9 | adding Section 3.5 as follows: | ||||||
10 | (755 ILCS 60/3.5 new) | ||||||
11 | Sec. 3.5. Notification of patient; family rights and | ||||||
12 | options. | ||||||
13 | (a) In this Section, "donation after cardiac death" means | ||||||
14 | the donation of organs from a ventilated patient without a | ||||||
15 | certification of brain death and with a do-not-resuscitate | ||||||
16 | order, if a decision has been reached by the physician and the | ||||||
17 | family to withdraw life support and if the donation does not | ||||||
18 | occur until after the declaration of cardiac death. | ||||||
19 | (b) If (i) a potential organ donor, or an individual given | ||||||
20 | authority under subsection (b) of Section 2 to consent to an | ||||||
21 | organ donation, expresses an interest in organ donation, (ii) | ||||||
22 | there has not been a certification of brain death for the | ||||||
23 | potential donor, and (iii) the potential donor is a patient at | ||||||
24 | a hospital that does not allow donation after cardiac death, |
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1 | then the organ procurement agency shall inform the patient or | ||||||
2 | the individual given authority to consent to organ donation | ||||||
3 | that the hospital does not allow donation after cardiac death.
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4 | (c) In addition to providing oral notification, the organ | ||||||
5 | procurement agency shall develop a written form that indicates | ||||||
6 | to the patient or the individual given authority to consent to | ||||||
7 | organ donation, at a minimum, the following information:
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8 | (1) That the patient or the individual given authority | ||||||
9 | to consent to organ donation has received literature and | ||||||
10 | has been counseled by (representative's name) of the (organ | ||||||
11 | procurement agency name). | ||||||
12 | (2) That all organ donation options have been explained | ||||||
13 | to the patient or the individual given authority to consent | ||||||
14 | to organ donation, including the option of donation after | ||||||
15 | cardiac death. | ||||||
16 | (3) That the patient or the individual given authority | ||||||
17 | to consent to organ donation is aware that the hospital | ||||||
18 | where the potential donor is a patient does not allow | ||||||
19 | donation after cardiac death.
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20 | (4) That the patient or the individual given authority | ||||||
21 | to consent to organ donation has been informed of the right | ||||||
22 | to request a patient transfer to a facility allowing | ||||||
23 | donation after cardiac death. | ||||||
24 | (5) That the patient or the individual given authority | ||||||
25 | to consent to organ donation has been informed of another | ||||||
26 | hospital that will allow donation after cardiac death and | ||||||
27 | will accept a patient transfer for the purpose of donation | ||||||
28 | after cardiac death; and that the cost of transferring the | ||||||
29 | patient to that other hospital will be covered by the organ | ||||||
30 | procurement agency, with no additional cost to the patient | ||||||
31 | or the individual given authority to consent to organ | ||||||
32 | donation. | ||||||
33 | The form required under this subsection must include a | ||||||
34 | place for the signatures of the patient or the individual given |
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1 | authority to consent to organ donation and the representative | ||||||
2 | of the organ procurement agency and space to provide the date | ||||||
3 | that the form was signed.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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