Public Act 093-0737
 
HB3857 Enrolled LRB093 13547 RLC 18894 b

    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