Public Act 093-0737
Public Act 0737 93RD GENERAL ASSEMBLY
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Public Act 093-0737
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| HB3857 Enrolled |
LRB093 13547 RLC 18894 b |
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| AN ACT in relation to transplants.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Department of Public Health Powers and | Duties Law of the
Civil Administrative Code of Illinois is | amended by changing
Section 2310-330 as follows:
| (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 whole blood | or its component parts.
| For the purposes of
this Section, "Tissue bank" means any | facility or
program that is involved in procuring, furnishing, | donating, processing, or
distributing corneas, bones, organs, | or other human tissue for the purpose
of injecting, | transfusing, or transplanting any of them in the human body.
| "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. 91-239, eff. 1-1-00.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 7/15/2004
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