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HB5259 Enrolled |
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LRB094 17646 RCE 52944 b |
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| AN ACT concerning organ donation.
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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 Illinois Anatomical Gift Act is amended by |
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| changing Sections 5-20 and 5-45 as follows: |
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| (755 ILCS 50/5-20) (was 755 ILCS 50/5)
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| Sec. 5-20. Manner of Executing Anatomical Gifts.
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| (a) A gift of all or part of the body under Section 5-5 (a) |
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| may be
made
by will. The gift becomes effective upon the death |
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| of the testator without
waiting for probate. If the will is not |
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| probated, or if it is declared
invalid for testamentary |
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| purposes, the gift, to the extent that it has been
acted upon |
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| in good faith, is nevertheless valid and effective.
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| (b) A gift of all or part of the body under Section 5-5 (a) |
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| may
also be
made by a written, signed document other than a |
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| will. The gift becomes
effective upon the death of the donor. |
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| The document, which may be a card
or a valid driver's license |
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| designed to be carried on the person, is effective without |
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| regard to the presence or signature of witnesses.
Such a gift |
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| may also be made by properly executing the form provided by
the |
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| Secretary of State on the reverse side of the donor's driver's |
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| license
pursuant to subsection (b) of Section 6-110 of The |
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| Illinois Vehicle Code.
Delivery of the document of gift during |
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| the donor's lifetime is not
necessary to make the gift valid.
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| (b-1) A gift under Section 5-5 (a) may also be made by an |
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| individual consenting to have his or her name included in the |
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| First Person Consent organ and tissue donor registry maintained |
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| by the Secretary of State under Section 6-117 of the Illinois |
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| Vehicle Code. An individual's consent to have his or her name |
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| included in the First Person Consent organ and tissue donor |
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| registry constitutes full legal authority for the donation of |
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| any of his or her organs or tissue. Consenting to be included |
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HB5259 Enrolled |
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LRB094 17646 RCE 52944 b |
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| in the First Person Consent organ and tissue donor registry is |
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| effective without regard to the presence or signature of |
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| witnesses.
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| (c) The gift may be made to a specified donee or without |
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| specifying a
donee. If the latter, the gift may be accepted by |
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| the attending physician
as donee upon or following death. If |
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| the gift is made to a specified donee
who is not available at |
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| the time and place of death, then if made for the
purpose of |
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| transplantation, it shall be effectuated in accordance with |
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| Section
5-25, and if made for any other purpose the attending
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| physician upon or following death, in the absence of any |
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| expressed
indication that the donor desired otherwise, may |
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| accept the gift as donee.
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| (d) Notwithstanding Section 5-45 (b), the donor may |
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| designate in
his will,
card, or other document of gift the |
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| surgeon or physician to carry out the
appropriate procedures. |
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| In the absence of a designation or if the designee
is not |
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| available, the donee or other person authorized to accept the |
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| gift
may employ or authorize any surgeon or physician for the |
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| purpose.
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| (e) Any gift by a person designated in Section 5-5 (b) |
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| shall be
made by a
document signed by him or made by his |
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| telegraphic, recorded telephonic, or
other recorded message.
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| (f) When there is a suitable candidate for organ donation |
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| and a donation or consent to donate has not yet been given, |
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| procedures to preserve the decedent's body for possible organ |
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| and tissue donation may be implemented under the authorization |
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| of the applicable organ procurement agency, at its own expense, |
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| prior to making a donation request pursuant to Section 5-25. If |
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| the organ procurement agency does not locate a person |
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| authorized to consent to donation or consent to donation is |
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| denied, then procedures to preserve the decedent's body shall |
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| be ceased and no donation shall be made. The organ procurement |
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| agency shall respect the religious tenets of the decedent, if |
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| known, such as a pause after death, before initiating |
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| preservation services. Nothing in this Section shall be |
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HB5259 Enrolled |
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LRB094 17646 RCE 52944 b |
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| construed to authorize interference with the coroner in |
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| carrying out an investigation or autopsy.
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| (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06.)
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| (755 ILCS 50/5-45) (was 755 ILCS 50/8) |
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| Sec. 5-45. Rights and Duties at Death.
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| (a) The donee may accept or
reject
the gift. If the donee |
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| accepts a gift of the entire body, he may, subject
to the terms |
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| of the gift, authorize embalming and the use of the body in
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| funeral services, unless a person named in subsection (b) of |
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| Section 5-5
has requested, prior to the final disposition by |
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| the donee, that the remains
of said body be returned to his or |
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| her custody for the purpose of final
disposition. Such request |
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| shall be honored by the donee if the terms of
the gift are |
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| silent on how final disposition is to take place. If the
gift |
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| is of a part of the body, the donee or technician designated by |
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| him
upon the death of the donor and prior to embalming, shall |
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| cause the part to
be removed without unnecessary mutilation and |
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| without undue delay in the
release of the body for the purposes |
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| of final disposition. After removal of
the part, custody of the |
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| remainder of the body vests in the surviving
spouse, next of |
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| kin, or other persons under obligation to dispose of the
body, |
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| in the order or priority listed in subsection (b) of Section |
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| 5-5 of this Act.
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| (b) The time of death shall be determined by a physician |
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| who attends the
donor at his death, or, if none, the physician |
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| who certifies the death. The
physician shall not participate in |
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| the procedures for removing or
transplanting a part.
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| (c) A person who acts in good faith in accord with the |
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| terms of this Act, the Illinois Vehicle Code,
and the AIDS |
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| Confidentiality Act, or the anatomical gift laws of another
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| state or a foreign country, is not liable for damages in any |
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| civil action
or subject to prosecution in any criminal |
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| proceeding for his act.
Any person that participates in good |
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| faith and according to the usual and
customary standards of |
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| medical practice in the preservation, removal , or |
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HB5259 Enrolled |
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LRB094 17646 RCE 52944 b |
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| transplantation
of any part of a decedent's body pursuant to an |
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| anatomical gift made by the
decedent under Section 5-20 of this |
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| Act or pursuant to an anatomical
gift made
by an individual as |
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| authorized by subsection (b) of Section 5-5 of
this Act
shall |
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| have immunity from liability, civil, criminal, or otherwise, |
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| that
might result by reason of such actions. For the purpose of |
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| any
proceedings, civil or criminal, the validity of an |
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| anatomical gift executed
pursuant to Section 5-20 of this Act |
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| shall be presumed and the good
faith of
any person |
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| participating in the removal or transplantation of any part of |
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| a
decedent's body pursuant to an anatomical gift made by the |
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| decedent or by
another individual authorized by the Act shall |
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| be presumed.
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| (d) This Act is subject to the provisions of "An Act to |
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| revise the law
in relation to coroners", approved February 6, |
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| 1874, as now or hereafter
amended, to the laws of this State |
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| prescribing powers and duties with
respect to autopsies, and to |
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| the statutes, rules, and regulations of this
State with respect |
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| to the transportation and disposition of deceased human
bodies.
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| (e) If the donee is provided information, or determines |
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| through
independent examination, that there is evidence that |
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| the gift was exposed
to the human immunodeficiency virus (HIV) |
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| or any other identified causative
agent of acquired |
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| immunodeficiency syndrome (AIDS), the donee may reject
the gift |
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| and shall treat the information and examination results as a
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| confidential medical record; the donee may disclose only the |
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| results
confirming HIV exposure, and only to the physician of |
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| the deceased donor.
The donor's physician shall determine |
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| whether the person who executed the
gift should be notified of |
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| the confirmed positive test result.
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| (Source: P.A. 93-794, eff. 7-22-04; 94-75, eff. 1-1-06.)
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