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Public Act 92-0349
HB0446 Enrolled LRB9200928DHmgA
AN ACT concerning organ transplantation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-396 as follows:
(20 ILCS 2310/2310-396 new)
Sec. 2310-396. Organ Donation Task Force. The
Department shall establish an Organ Donation Task Force to
study the various laws and rules regarding organ donation to
determine whether consolidation or other changes in the laws
or rules are needed to facilitate organ donation in Illinois.
The Director shall appoint the members of the Task Force and
shall determine the number of members to be appointed. The
members of the Task Force shall include representatives of
the Illinois Hospital and HealthSystems Association, the
Illinois State Medical Society, organ procurement agencies,
the Illinois Eye Bank, and any other entities deemed
appropriate by the Director.
Section 5. The Uniform Anatomical Gift Act is amended by
changing Section 3 as follows:
(755 ILCS 50/3) (from Ch. 110 1/2, par. 303)
Sec. 3. Persons who may execute an anatomical gift.
(a) Any individual of sound mind who has attained the
age of 18 may give all or any part of his or her body for any
purpose specified in Section 4. Such a gift may be executed
in any of the ways set out in Section 5, and shall take
effect upon the individual's death without the need to obtain
the consent of any survivor. An anatomical gift made by an
agent of an individual, as authorized by the individual under
the Powers of Attorney for Health Care Law, as now or
hereafter amended, is deemed to be a gift by that individual
and takes effect without the need to obtain the consent of
any other person.
(b) If no gift has been executed under subsection (a),
any of the following persons, in the order of priority stated
in items (1) through (9) (6) below, when persons in prior
classes are not available and in the absence of (i) actual
notice of contrary intentions by the decedent and (ii) actual
notice of opposition by any member within the same priority
class, may give all or any part of the decedent's body after
or immediately before death for any purpose specified in
Section 4:
(1) the decedent's agent under a power of attorney
for health care which provides specific direction
regarding organ donation,
(2) (1) the decedent's spouse,
(3) (2) the decedent's adult sons or daughters,
(4) (3) either of the decedent's parents,
(5) (4) any of the decedent's adult brothers or
sisters,
(6) any adult grandchild of the decedent,
(7) (5) the guardian of the decedent's estate
decedent at the time of his or her death,
(8) the decedent's surrogate decision maker under
the Health Care Surrogate Act,
(9) (6) any person authorized or under obligation
to dispose of the body.
If the donee has actual notice of opposition to the gift
by the decedent or any person in the highest priority class
in which an available person can be found, then no gift of
all or any part of the decedent's body shall be accepted.
(c) For the purposes of this Act, a person will not be
considered "available" for the giving of consent or refusal
if:
(1) the existence of the person is unknown to the
donee and is not readily ascertainable through the
examination of the decedent's hospital records and the
questioning of any persons who are available for giving
consent;
(2) the donee has unsuccessfully attempted to
contact the person by telephone or in any other
reasonable manner;
(3) the person is unable or unwilling to respond in
a manner which indicates the person's refusal or consent.
(d) A gift of all or part of a body authorizes any
examination necessary to assure medical acceptability of the
gift for the purposes intended.
(e) The rights of the donee created by the gift are
paramount to the rights of others except as provided by
Section 8 (d).
(f) If no gift has been executed under this Section,
then no part of the decedent's body may be used for any
purpose specified in Section 4 of this Act, except in
accordance with the Organ Donation Request Act or the Corneal
Transplant Act.
(Source: P.A. 86-736.)
Section 10. The Illinois Corneal Transplant Act is
amended by changing Section 2 as follows:
(755 ILCS 55/2) (from Ch. 110 1/2, par. 352)
Sec. 2. (a) Objection to the removal of corneal tissue
may be made known to the coroner or county medical examiner
or authorized individual acting for the coroner or county
medical examiner by the individual during his lifetime or by
the following persons, in the order of priority stated, after
the decedent's death:
(1) The decedent's agent under a power of attorney
for health care which provides specific direction
regarding organ donation;
(2) (1) The decedent's spouse;
(3) (2) If there is no spouse, any of The
decedent's adult sons or daughters;
(4) (3) If there is no spouse and no adult sons or
daughters, Either of the decedent's parents;
(5) (4) If there is no spouse, no adult sons or
daughters, and no parents, Any of the decedent's adult
brothers or sisters;
(6) Any adult grandchild of the decedent;
(7) (5) If there is no spouse, no adult sons or
daughters, no parents, and no adult brothers or sisters,
The guardian of the decedent's estate; decedent at the
time of his or her death.
(8) The decedent's surrogate decision maker under
the Health Care Surrogate Act;
(9) Any person authorized or under obligation to
dispose of the body.
(b) If the coroner or county medical examiner or any
authorized individual acting for the coroner or county
medical examiner has actual notice of any contrary
indications by the decedent or actual notice that any member
within the same class specified in subsection (a), paragraphs
(1) through (9) (5) of this Section, in the same order of
priority, objects to the removal, the coroner or county
medical examiner shall not approve the removal of corneal
tissue.
(Source: P.A. 87-633.)
Section 15. The Organ Donation Request Act is amended by
changing Section 2 as follows:
(755 ILCS 60/2) (from Ch. 110 1/2, par. 752)
Sec. 2. Notification; consent; definitions.
(a) When, based upon generally accepted medical
standards, an inpatient in a general acute care hospital with
more than 100 beds is a suitable candidate for organ or
tissue donation and such patient has not made an anatomical
gift of all or any part of his or her body pursuant to
Section 5 of the Uniform Anatomical Gift Act, the hospital
administrator, or his or her designated representative,
shall, if the candidate is suitable for the donation of
organs at the time of or after notification of death, notify
the hospital's federally designated organ procurement agency.
The organ procurement agency shall request a consent for
organ donation according to the priority and conditions
established in subsection (b). In the case of a candidate
suitable for donation of tissue only, the hospital
administrator or his or her designated representative or
tissue bank shall, at the time of or shortly after
notification of death, request a consent for tissue donation
according to the priority need conditions established in
subsection (b). Alternative procedures for requesting
consent may be implemented by mutual agreement between a
hospital and a federally designated organ procurement agency
or tissue bank.
(b) In making a request for organ or tissue donation,
the hospital administrator or his or her designated
representative or the hospital's federally designated organ
procurement agency or tissue bank shall request any of the
following persons, in the order of priority stated in items
(1) through (9) (7) below, when persons in prior classes are
not available and in the absence of (i) actual notice of
contrary intentions by the decedent, (ii) actual notice of
opposition by any member within the same priority class, and
(iii) reason to believe that an anatomical gift is contrary
to the decedent's religious beliefs, to consent to the gift
of all or any part of the decedent's body for any purpose
specified in Section 4 of the Uniform Anatomical Gift Act:
(1) the decedent's agent under a power of attorney
for health care which provides specific direction
regarding organ donation the Powers of Attorney for
Health Care Law;
(2) the decedent's surrogate decision maker under
the Health Care Surrogate Act;
(2) (3) the decedent's spouse;
(3) (4) the decedent's adult sons or daughters;
(4) (5) either of the decedent's parents;
(5) (6) any of the decedent's adult brothers or
sisters;
(6) any adult grandchild of the decedent;
(7) the guardian of the decedent's estate; decedent
at the time of his or her death.
(8) the decedent's surrogate decision maker under
the Health Care Surrogate Act;
(9) any person authorized or under obligation to
dispose of the body.
(c) If (1) the hospital administrator, or his or her
designated representative, the organ procurement agency, or
the tissue bank has actual notice of opposition to the gift
by the decedent or any person in the highest priority class
in which an available person can be found, or (2) there is
reason to believe that an anatomical gift is contrary to the
decedent's religious beliefs, or (3) the Director of Public
Health has adopted a rule signifying his determination that
the need for organs and tissues for donation has been
adequately met, then such gift of all or any part of the
decedent's body shall not be requested. If a donation is
requested, consent or refusal may only be obtained from the
person or persons in the highest priority class available.
If the hospital administrator, or his or her designated
representative, the designated organ procurement agency, or
the tissue bank is unable to obtain consent from any of the
persons named in items (1) through (9) (7) of subsection (b)
(a) of this Section, the decedent's body shall not be used
for an anatomical gift unless a valid anatomical gift
document was executed under the Uniform Anatomical Gift Act
or the Corneal Transplant Act.
(d) For the purposes of this Act, a person will not be
considered "available" for the giving of consent or refusal
if:
(1) the existence of the person is unknown to the
hospital administrator or designee, organ procurement
agency, or tissue bank and is not readily ascertainable
through the examination of the decedent's hospital
records and the questioning of any persons who are
available for giving consent;
(2) the administrator or designee, organ
procurement agency, or tissue bank has unsuccessfully
attempted to contact the person by telephone or in any
other reasonable manner;
(3) the person is unable or unwilling to respond in
a manner which indicates the person's refusal or consent.
(e) For the purposes of this Act, "federally designated
organ procurement agency" means the organ procurement agency
designated by the Secretary of the U.S. Department of Health
and Human Services for the service area in which a hospital
is located; except that in the case of a hospital located in
a county adjacent to Wisconsin which currently contracts with
an organ procurement agency located in Wisconsin that is not
the organ procurement agency designated by the U.S. Secretary
of Health and Human Services for the service area in which
the hospital is located, if the hospital applies for a waiver
pursuant to 42 USC 1320b-8(a), it may designate an organ
procurement agency located in Wisconsin to be thereafter
deemed its federally designated organ procurement agency for
the purposes of this Act.
(f) For the purposes of this Act, "tissue bank" means
any facility or program operating in Illinois that is
certified by the American Association of Tissue Banks or the
Eye Bank Association of America and is involved in procuring,
furnishing, donating, or distributing corneas, bones, or
other human tissue for the purpose of injecting, transfusing,
or transplanting any of them into the human body. "Tissue
bank" does not include a licensed blood bank.
For the purposes of this Act, "tissue" does not include
organs.
(g) Nothing in Public Act 89-393 this amendatory Act of
1995 alters any agreements or affiliations between tissue
banks and hospitals.
(Source: P.A. 89-393, eff. 8-20-95; revised 2-23-00.)
Passed in the General Assembly May 24, 2001.
Approved August 15, 2001.
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