94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1938


 
Introduced 2/25/2005, by Sen. Richard J. Winkel, Jr.
 
SYNOPSIS AS INTRODUCED:
 		













755 ILCS 60/2.5 new










    Amends the Organ Donation Request Act.  Provides that if a person authorized under the Act to consent to the donation of a decedent's organs is not immediately available for an organ procurement agency to make a request for such consent, the hospital may use organ preservation equipment and techniques to maintain the viability of the decedent's organs.  Provides that neither a decedent's estate nor a relative or guardian of a decedent may be required to pay for any costs associated with organ preservation.  Provides that a hospital that initiates organ preservation measures must bear all costs associated with the organ preservation if (i) the recipient of the preserved organ is indigent, (ii) a person authorized to consent to the donation of the decedent's organs cannot be located within a reasonable time, or (iii) a person authorized to consent does not consent.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1938

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    AN ACT concerning estates.

 
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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 2.5 as follows:
 
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    (755 ILCS 60/2.5  new)
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    Sec. 2.5. Organ preservation.
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    (a) If a person authorized by subsection (b) of Section 2 
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to consent to an organ donation is not immediately available 
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for an organ procurement agency to make the request required by 
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subsection (a) of Section 2, the hospital may use organ 
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preservation equipment and techniques, including ventilators 
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and in situ flushing and cooling equipment, to maintain the 
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viability of the decedent's organs in order to preserve the 
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option of family members and other authorized persons to 
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consider donation.
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    (b) If a hospital initiates the preservation of a 
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decedent's organs pursuant to subsection (a), the hospital 
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shall use all available means to locate a person authorized by 
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subsection (b) of Section 2 to consent to the donation of the 
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decedent's organs. If a person authorized to give such consent 
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cannot be located within a time period deemed reasonable by a 
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designated medical professional, or declines to give such 
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consent, the hospital shall discontinue the organ preservation 
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measures.
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    (c) A hospital shall fully disclose to a person authorized 
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by subsection (b) of Section 2 to consent to the donation of a 
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decedent's organs the organ preservation techniques or 
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preservation equipment, if any, used by the hospital pursuant 
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to this Section.
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    (d) In the absence of gross negligence or willful 
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misconduct, any person employed or authorized by a hospital to 
 


 






SB1938
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use organ preservation techniques pursuant to subsection (a) 
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shall be immune from any civil or criminal liability in 
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connection with taking the medically necessary steps to 
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preserve a decedent's organs during the search for, or 
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consultation with, a person authorized by subsection (b) of 
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Section 2 to consent to the donation of the decedent's organs.
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    (e) Neither a decedent nor relative or guardian of a 
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decedent shall be required to pay any costs associated with 
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organ preservation pursuant to this Section.
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    (f) A hospital that initiates organ preservation pursuant 
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to subsection (a) shall bear all costs associated with the 
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organ preservation if:
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        (1) the recipient of the preserved organ is indigent;
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        (2) a person authorized by subsection (b) of Section 2 
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    to consent to the donation of the decedent's organs cannot 
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    be located within a time period deemed reasonable by a 
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    designated medical professional; or
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        (3) a person authorized by subsection (b) of Section 2 
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    to consent to the donation of the decedent's organs does 
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    not consent to such a donation.