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92nd General Assembly

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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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