Illinois General Assembly - Full Text of SB0363
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Full Text of SB0363  102nd General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Secretary of State Act is amended by adding
5Section 35 as follows:
6    (15 ILCS 305/35 new)
7    Sec. 35. Task Force on Best Practices and Licensing of
8Non-Transplant Organ Donation Organizations.
9    (a) The General Assembly finds and declares that:
10        (1) Non-transplant organ donation organizations that
11    accept or process whole body donations or body parts not
12    for transplantation owe a duty of transparency and
13    safekeeping to the donor and his or her next of kin.
14    Medical and scientific research is critical to a continued
15    understanding of the human body, disease, and training the
16    next generation of medical professionals, funeral home
17    directors, coroners, and mortuary students. Non-transplant
18    organ donation organizations do not include organizations
19    that receive body parts for the purposes of
20    transplantation.
21        (2) Recently, non-transplant organizations that
22    receive or process whole body donation or body part
23    donation not for transplantation purposes, have misused or



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1    mishandled donor bodies and body parts.
2        (3) Neither State nor federal law adequately regulates
3    this industry.
4    (b) As used in this Section, "Task Force" means the Task
5Force on Best Practices and Licensing of Non-Transplant Organ
6Donation Organizations.
7    (c) There is created a Task Force on Best Practices and
8Licensing of Non-Transplant Organ Donation Organizations to
9review and report on national standards for best practices in
10relation to the licensing and regulation of organizations that
11solicit or accept non-transplantation whole bodies and body
12parts, including licensing standards, State regulation,
13identification of bodies and body parts, and sanctions. The
14goal of the Task Force is to research the industry,
15investigate State and local standards, and provide
16recommendations to the General Assembly and Office of the
18    (d) The Task Force's report shall include, but not be
19limited to, standards for organizations that accept whole body
20and body part donation, the application process for licensure,
21best practices regarding consent, the identification,
22labeling, handling and return of bodies and body parts to
23ensure proper end-use and return to the next of kin, and best
24practices for ensuring donors and next of kin are treated with
25transparency and dignity. The report shall also evaluate and
26make a recommendation as to the area of State government most



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1appropriate for licensing organizations and regulation of the
2industry. The report shall also make a recommendation on
3legislation to enact the findings of the Task Force.
4    (e) The Task Force shall meet no less than 5 times between
5the effective date of this amendatory Act of the 102nd General
6Assembly and December 31, 2021. The Task Force shall prepare a
7report that summarizes its work and makes recommendations
8resulting from its review. The Task Force shall submit the
9report of its findings and recommendations to the Governor and
10General Assembly no later than January 15, 2022.
11    (f) The Task Force shall consist of the following 8
13        (1) the Secretary of State or his or her designee;
14        (2) one member appointed by the Secretary of State
15    from the Department of Organ Donor of the Office of the
16    Secretary of State;
17        (3) one member appointed by the President of the
18    Senate;
19        (4) one member appointed by the Minority Leader of the
20    Senate;
21        (5) one member appointed by the Speaker of the House
22    of Representatives;
23        (6) one member appointed by the Minority Leader of the
24    House of Representatives;
25        (7) one member appointed by the Director of Public
26    Health; and



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1        (8) one member from a University or Mortuary School
2    that has experience in receiving whole body donations,
3    appointed by the Governor.
4    (g) The Secretary of State shall designate which member
5shall serve as chairperson and facilitate the Task Force. The
6members of the Task Force shall be appointed no later than 90
7days after the effective date of this amendatory Act of the
8102nd General Assembly. Vacancies in the membership of the
9Task Force shall be filled in the same manner as the original
10appointment. The members of the Task Force shall not receive
11compensation for serving as members of the Task Force.
12    (h) The Office of the Secretary of State shall provide the
13Task Force with administrative and other support.
14    (i) This Section is repealed on July 1, 2022.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.