Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 2310/2310-330

(20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)

Sec. 2310-330.

Sperm and tissue bank registry; AIDS test for donors;
penalties.

(a) The Department shall establish a registry of all sperm
banks and tissue banks operating in this State.  All sperm banks and tissue
banks operating in this State
shall register with the Department by May 1 of each year.  Any person,
hospital, clinic, corporation, partnership, or other legal entity that
operates a sperm bank or tissue bank in this State and fails to register with
the
Department pursuant to this Section commits a business offense and shall be
subject to a fine of $5000.

(b) All donors
of semen for purposes of artificial insemination, or donors of corneas,
bones, organs, or other human tissue for the purpose of injecting,
transfusing, or transplanting any of them in the human body, shall be
tested for
evidence of exposure to human immunodeficiency virus (HIV)
and any other identified causative agent of acquired immunodeficiency
syndrome (AIDS) at the time of or after the donation but prior to the
semen, corneas, bones, organs, or other human tissue being made available for
that use.
However, when in the opinion of the attending physician the life of a
recipient of a bone, organ, or other human tissue donation would be
jeopardized by delays caused by testing for evidence of exposure to HIV and
any other causative agent of AIDS, testing shall not be required.

(c) Except as otherwise provided in subsection (c-5), no person may
intentionally, knowingly, recklessly, or negligently
use the semen, corneas, bones, organs, or
other human tissue of a donor unless the requirements of subsection (b)
have been met.  Except as otherwise provided in subsection (c-5), no person
may intentionally, knowingly, recklessly, or
negligently use the semen, corneas, bones, organs, or other human tissue of a
donor who
has tested positive for exposure to
HIV or any other identified causative agent of AIDS.  Violation of
this subsection (c) shall be a Class 4 felony.

(c-5) It is not a violation of this Section for a person to perform a solid
organ transplant
of an organ from an HIV infected donor to a person who has tested positive for
exposure
to HIV or any other identified causative agent of AIDS and who is in immediate
threat of
death unless the transplant is performed. A tissue bank that provides an organ
from an
HIV infected donor under this subsection (c-5) may not be criminally or civilly
liable for
the furnishing of that organ under this subsection (c-5).

(d) For the purposes of this Section:

"Human tissue" shall not be
construed to mean organs or whole blood or its component parts.

"Tissue bank" has the same meaning as set forth in the Illinois Anatomical Gift Act.

"Solid organ transplant" means the surgical transplantation of internal
organs including, but not limited to, the liver, kidney, pancreas, lungs, or
heart.
 "Solid
organ transplant" does not mean a bone marrow based transplant or a blood
transfusion.

"HIV infected donor" means a deceased donor who was infected with HIV or a living donor known to be infected with HIV and who is willing to donate a  part or all of one or more of his or her organs. A determination of the donor's HIV infection is made by the donor's medical history or by specific tests that document HIV infection, such as HIV RNA or DNA, or by antibodies to HIV.

(Source: P.A. 95-331, eff. 8-21-07.)