Section 470.20  Definitions

"Act" means Section 55.45 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 55.45).

"Department" means the Illinois Department of Public Health.

"Human Tissue" means an aggregation of morphologically and functionally similar cells including skin, organs, bone marrow, corneas, bones, muscle, oocytes (eggs), semen; except whole blood or its component parts. (Section 55.45(d) of the Act.)

"Legally Authorized Representative" means an individual who is authorized to consent to HIV testing and/or disclosure of HIV test results for an individual who is:

Under the age of twelve (12).

Deceased,

Declared incompetent by a court of law, or

Otherwise not competent to consent (for reasons other than age such as the apparent inability to understand or communicate with the health care provider) as determined by the health care provider seeking such consent.

The following individuals shall be authorized to consent, in the stated order of priority:

For a living or deceased child under the age of eighteen (18):

Parent, legal guardian or other court-appointed personal representative,

Adult next-of-kin

For a living or deceased adult age eighteen (18) or over:

Agent authorized by durable power of attorney for health care,

Legal guardian or other court-appointed personal representative,

Spouse,

Adult children,

Parent,

Adult next-of-kin.

"Sperm bank" means any facility or program such as a person, hospital, clinic, corporation, or partnership that is involved in procuring, furnishing, donating, processing, storing or distributing human semen for the purpose of artifical insemination.  (Section 55.45 (d) of the Act.)

"Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.

"Tissue bank" means any facility or program that is involved in procuring, furnishing, donating, processing, storing or distributing semen, corneas, bones, organs, or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body. (Section 55.45 (d) of the Act.)