103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4243

 

Introduced 1/16/2024, by Rep. Jed Davis

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 25/7-108  from Ch. 111 1/2, par. 627-108
210 ILCS 25/7-110  from Ch. 111 1/2, par. 627-110
210 ILCS 25/7-111  from Ch. 111 1/2, par. 627-111
210 ILCS 25/7-120 new

    Amends the Illinois Clinical Laboratory and Blood Bank Act. Requires a blood bank to test or have tested donated blood for evidence of any COVID-19 vaccine and any other messenger ribonucleic acid (mRNA) vaccine components, and requires a blood donor to disclose during each blood donor screening process whether the blood donor has received a COVID-19 vaccine or any other mRNA vaccine during the donor's lifetime. Requires blood or blood components to include on their labels a designation that the blood or blood components tested positive for evidence of a COVID-19 vaccine or any other mRNA vaccine component or was drawn from a blood donor who disclosed the donor have received a COVID-19 vaccine or any other mRNA vaccine during the donor's lifetime. Provides that the Department of Public Health must adopt rules to implement the changes made by the amendatory Act.


LRB103 34691 AWJ 64536 b

 

 

A BILL FOR

 

HB4243LRB103 34691 AWJ 64536 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Clinical Laboratory and Blood Bank
5Act is amended by changing Sections 7-108, 7-110, and 7-111
6and by adding Section 7-120 as follows:
 
7    (210 ILCS 25/7-108)  (from Ch. 111 1/2, par. 627-108)
8    Sec. 7-108. Duties of blood banks. A blood bank shall:
9    (a) Collect, process, and provide for use blood or blood
10components from a blood donor only upon the consent of that
11donor and under the direction or delegated direction of the
12blood bank Medical Director.
13    (b) Transfuse blood or blood components upon the request
14of a physician licensed to practice medicine in all its
15branches, a dentist, or a podiatric physician who is on the
16medical staff of a hospital and has permission from the
17medical staff to make such a request. If the request is oral,
18the physician or other authorized person shall submit a
19written request to the blood bank within 48 hours. If the blood
20bank does not receive the written request within that period,
21it shall note that fact in its records.
22    (c) Test or have tested donated blood for evidence of any
23COVID-19 vaccine or any other messenger ribonucleic acid

 

 

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1(mRNA) vaccine components, including evidence of lipid
2nanoparticles and spike protein from a vaccine.
3    (d) Require a blood donor to disclose, during each blood
4donor screening process, whether the blood donor has received
5a COVID-19 vaccine or any other mRNA vaccine during the
6donor's lifetime.
7(Source: P.A. 98-214, eff. 8-9-13.)
 
8    (210 ILCS 25/7-110)  (from Ch. 111 1/2, par. 627-110)
9    Sec. 7-110. Blood labeling. Every person who withdraws
10blood from an individual or separates blood into components by
11physical processes shall affix to each container of blood or
12blood components a label that includes (1) the appropriate
13donor classification, "volunteer donor" or "paid donor", in no
14less prominence than the word "blood" or the name of the blood
15component and (2) a designation, if true, that the blood
16tested positive for evidence of a COVID-19 vaccine or any
17other messenger ribonucleic acid (mRNA) vaccine or was drawn
18from a blood donor who disclosed that the donor has received a
19COVID-19 vaccine or any other mRNA vaccine during the donor's
20lifetime.
21    Any person who receives blood or blood components in this
22State from a federally licensed blood bank in another state
23shall not be required to relabel a container of blood or blood
24components if the container of blood or blood components is
25labeled with the appropriate donor classification, "volunteer

 

 

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1donor" or "paid donor", in no less prominence than the word
2"blood" or the name of the blood component.
3(Source: P.A. 87-1269.)
 
4    (210 ILCS 25/7-111)  (from Ch. 111 1/2, par. 627-111)
5    Sec. 7-111. Administration of labeled blood. No person may
6administer blood by transfusion in this State or transfer or
7offer to transfer blood for transfusion purposes by any type
8of transaction unless the container of the blood is labeled as
9required by Section 7-110 and, if the container is designated
10under item (2) of Section 7-110, an acknowledgment from the
11person receiving the transfusion, or the authorized
12representative of the person, that the person or
13representative has been given the opportunity to refuse blood
14designated under item (2) of Section 7-110.
15    When blood is administered by transfusion in this State,
16the identification number of the unit of blood shall be
17recorded in the patient's medical record and the label on the
18container of the blood shall not be removed before or during
19the administration of that blood by transfusion.
20(Source: P.A. 87-1269.)
 
21    (210 ILCS 25/7-120 new)
22    Sec. 7-120. Messenger ribonucleic acid (mRNA) vaccine
23testing and labeling; rules. The Department must adopt rules
24to implement the changes made by this amendatory Act of the

 

 

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1103rd General Assembly.