093_SB1412eng

 
SB1412 Engrossed                     LRB093 10132 LCB 10385 b

 1        AN ACT concerning anatomical gifts.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Department of Public Health Powers and
 5    Duties Law of the Civil Administrative Code  of  Illinois  is
 6    amended by changing Section 2310-330 as follows:

 7        (20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
 8        Sec. 2310-330.  Sperm and tissue bank registry; AIDS test
 9    for donors; penalties.
10        (a)  The  Department  shall  establish  a registry of all
11    sperm banks and tissue banks operating in  this  State.   All
12    sperm  banks  and  tissue banks operating in this State shall
13    register with the Department by May  1  of  each  year.   Any
14    person,  hospital, clinic, corporation, partnership, or other
15    legal entity that operates a sperm bank  or  tissue  bank  in
16    this State and fails to register with the Department pursuant
17    to  this  Section  commits  a  business  offense and shall be
18    subject to a fine of $5000.
19        (b)  All donors  of  semen  for  purposes  of  artificial
20    insemination,  or  donors of corneas, bones, organs, or other
21    human tissue for the purpose of  injecting,  transfusing,  or
22    transplanting  any of them in the human body, shall be tested
23    for evidence of  exposure  to  human  immunodeficiency  virus
24    (HIV)  and  any  other identified causative agent of acquired
25    immunodeficiency syndrome (AIDS) at the time of or after  the
26    donation  but  prior to the semen, corneas, bones, organs, or
27    other  human  tissue  being  made  available  for  that  use.
28    However, when in the opinion of the  attending  physician  of
29    the  recipient  the  life of a recipient of a bone, organ, or
30    other human tissue donation would be  jeopardized  by  delays
31    caused  by  testing  for  evidence of exposure to HIV and any
 
SB1412 Engrossed            -2-      LRB093 10132 LCB 10385 b
 1    other causative agent of AIDS, testing shall not be required.
 2        (c)  No person may intentionally, knowingly,  recklessly,
 3    or  negligently  use  the  semen,  corneas, bones, organs, or
 4    other human tissue of a  donor  unless  the  requirements  of
 5    subsection  (b)  have been met.  No person may intentionally,
 6    knowingly, recklessly, or negligently use the semen, corneas,
 7    bones, organs, or other human  tissue  of  a  donor  who  has
 8    tested  positive  for exposure to HIV or any other identified
 9    causative agent of AIDS.  Violation of  this  subsection  (c)
10    shall be a Class 4 felony.
11        (d)  For  the  purposes  of  this Section, "human tissue"
12    shall not be construed to mean organs or whole blood  or  its
13    component parts.
14        For  the  purposes of this Section, "tissue bank" has the
15    same meaning as set forth in  the  Illinois  Anatomical  Gift
16    Act.  means  any  facility  or  program  that  is involved in
17    procuring, furnishing, donating, processing, or  distributing
18    corneas, bones, organs, or other human tissue for the purpose
19    of  injecting,  transfusing,  or transplanting any of them in
20    the human body.
21    (Source: P.A. 91-239, eff. 1-1-00.)

22        Section 10.  The  School  Code  is  amended  by  changing
23    Section 27-23.5 as follows:

24        (105 ILCS 5/27-23.5)
25        Sec.  27-23.5.  Organ/tissue  donor  and  transplantation
26    programs.   Each  school district that maintains grades 9 and
27    10 may include in its curriculum and teach to the students of
28    either such grade one unit  of  instruction  on  organ/tissue
29    donor  and  transplantation  programs.   No  student shall be
30    required  to  take   or   participate   in   instruction   on
31    organ/tissue  donor  and transplantation programs if a parent
32    or guardian files written objection thereto on constitutional
 
SB1412 Engrossed            -3-      LRB093 10132 LCB 10385 b
 1    grounds,  and  refusal  to  take  or  participate   in   such
 2    instruction   on  those  grounds  shall  not  be  reason  for
 3    suspension or  expulsion  of  a  student  or  result  in  any
 4    academic penalty.
 5        The  regional superintendent of schools in which a school
 6    district that maintains grades 9  and  10  is  located  shall
 7    obtain  and  distribute  make available to each the school in
 8    his or her board of the district information  and  data  that
 9    may  be  used  by the school district in developing a unit of
10    instruction under this Section.  However, each  school  board
11    shall determine the minimum amount of instructional time that
12    shall  qualify  as  a  unit  of  instruction  satisfying  the
13    requirements of this Section.
14    (Source: P.A. 90-635, eff. 7-24-98.)

15        Section  15.   The  Hospital  Licensing Act is amended by
16    changing Sections 6.16 and 10.4 as follows:

17        (210 ILCS 85/6.16)
18        Sec. 6.16.  Agreement with designated  organ  procurement
19    agency.   Each hospital licensed under this Act shall have an
20    agreement with its  federally  designated  organ  procurement
21    agency  providing  for  notification of the organ procurement
22    agency when  potential  organ  donors  become  available,  as
23    required  in Section 5-25 of the Illinois Anatomical Gift Act
24    2 of the Organ Donation Request Act.
25    (Source: P.A. 89-393, eff. 8-20-95.)

26        (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
27        Sec. 10.4. Medical staff privileges.
28        (a)  Any hospital licensed under this Act or any hospital
29    organized under  the  University  of  Illinois  Hospital  Act
30    shall,  prior to the granting of any medical staff privileges
31    to an applicant, or renewing a current medical staff member's
 
SB1412 Engrossed            -4-      LRB093 10132 LCB 10385 b
 1    privileges,  request  of   the   Director   of   Professional
 2    Regulation  information  concerning  the licensure status and
 3    any disciplinary action  taken  against  the  applicant's  or
 4    medical  staff member's license, except for medical personnel
 5    who enter  a  hospital  to  obtain  organs  and  tissues  for
 6    transplant  from  a  deceased  donor  in  accordance with the
 7    Illinois  Uniform  Anatomical  Gift  Act.  The  Director   of
 8    Professional  Regulation  shall transmit, in writing and in a
 9    timely fashion, such information regarding the license of the
10    applicant or the medical staff member, including  the  record
11    of  imposition of any periods of supervision or monitoring as
12    a result of  alcohol  or  substance  abuse,  as  provided  by
13    Section  23  of  the  Medical  Practice Act of 1987, and such
14    information as may have  been  submitted  to  the  Department
15    indicating  that  the application or medical staff member has
16    been denied, or has surrendered, medical staff privileges  at
17    a  hospital  licensed  under  this  Act,  or  any  equivalent
18    facility  in another state or territory of the United States.
19    The Director of Professional Regulation shall define by  rule
20    the period for timely response to such requests.
21        No   transmittal   of  information  by  the  Director  of
22    Professional Regulation, under this Section shall be to other
23    than  the   president,   chief   operating   officer,   chief
24    administrative  officer,  or  chief of the medical staff of a
25    hospital licensed under this Act, a hospital organized  under
26    the  University  of  Illinois  Hospital  Act,  or  a hospital
27    operated   by   the   United   States,   or   any   of    its
28    instrumentalities.   The  information so transmitted shall be
29    afforded the same status as is information concerning medical
30    studies by Part 21 of Article  VIII  of  the  Code  of  Civil
31    Procedure, as now or hereafter amended.
32        (b)  All hospitals licensed under this Act, except county
33    hospitals as defined in subsection (c) of Section 15-1 of the
34    Illinois  Public Aid Code, shall comply with, and the medical
 
SB1412 Engrossed            -5-      LRB093 10132 LCB 10385 b
 1    staff  bylaws  of  these  hospitals   shall   include   rules
 2    consistent  with, the provisions of this Section in granting,
 3    limiting, renewing, or denying medical staff  membership  and
 4    clinical  staff  privileges.   Hospitals that require medical
 5    staff members to  possess  faculty  status  with  a  specific
 6    institution  of  higher  education are not required to comply
 7    with subsection (1) below when the physician does not possess
 8    faculty status.
 9             (1)  Minimum  procedures  for   pre-applicants   and
10        applicants for medical staff membership shall include the
11        following:
12                  (A)  Written   procedures   relating   to   the
13             acceptance   and  processing  of  pre-applicants  or
14             applicants  for  medical  staff  membership,   which
15             should be contained in medical staff bylaws.
16                  (B)  Written   procedures  to  be  followed  in
17             determining  a  pre-applicant's  or  an  applicant's
18             qualifications  for  being  granted  medical   staff
19             membership and privileges.
20                  (C)  Written   criteria   to   be  followed  in
21             evaluating  a  pre-applicant's  or  an   applicant's
22             qualifications.
23                  (D)  An  evaluation  of a pre-applicant's or an
24             applicant's  current  health  status   and   current
25             license status in Illinois.
26                  (E)  A  written  response to each pre-applicant
27             or applicant that explains the reason or reasons for
28             any adverse decision (including all reasons based in
29             whole  or  in  part  on  the   applicant's   medical
30             qualifications   or   any   other  basis,  including
31             economic factors).
32             (2)  Minimum  procedures  with  respect  to  medical
33        staff and clinical  privilege  determinations  concerning
34        current  members  of  the medical staff shall include the
 
SB1412 Engrossed            -6-      LRB093 10132 LCB 10385 b
 1        following:
 2                  (A)  A written notice of an adverse decision.
 3                  (B)  An  explanation  of  the  reasons  for  an
 4             adverse decision including all reasons based on  the
 5             quality   of   medical  care  or  any  other  basis,
 6             including economic factors.
 7                  (C)  A statement of the medical staff  member's
 8             right  to  request  a  fair  hearing  on the adverse
 9             decision before a hearing panel whose membership  is
10             mutually  agreed  upon  by the medical staff and the
11             hospital governing board. The  hearing  panel  shall
12             have  independent  authority  to recommend action to
13             the hospital governing board. Upon  the  request  of
14             the  medical  staff member or the hospital governing
15             board,  the  hearing  panel  shall   make   findings
16             concerning  the nature of each basis for any adverse
17             decision recommended to and accepted by the hospital
18             governing board.
19                       (i)  Nothing  in  this  subparagraph   (C)
20                  limits a hospital's or medical staff's right to
21                  summarily  suspend,  without a prior hearing, a
22                  person's medical staff membership  or  clinical
23                  privileges if the continuation of practice of a
24                  medical  staff  member constitutes an immediate
25                  danger  to  the  public,  including   patients,
26                  visitors,  and  hospital employees and staff. A
27                  fair hearing shall be commenced within 15  days
28                  after  the  suspension  and  completed  without
29                  delay.
30                       (ii)  Nothing  in  this  subparagraph  (C)
31                  limits  a  medical  staff's right to permit, in
32                  the medical staff bylaws, summary suspension of
33                  membership or clinical privileges in designated
34                  administrative  circumstances  as  specifically
 
SB1412 Engrossed            -7-      LRB093 10132 LCB 10385 b
 1                  approved  by  the  medical  staff.  This  bylaw
 2                  provision must specifically describe  both  the
 3                  administrative  circumstance that can result in
 4                  a summary suspension  and  the  length  of  the
 5                  summary  suspension. The opportunity for a fair
 6                  hearing  is  required  for  any  administrative
 7                  summary suspension. Any requested hearing  must
 8                  be  commenced  within 15 days after the summary
 9                  suspension and completed without delay. Adverse
10                  decisions  other  than  suspension   or   other
11                  restrictions  on  the treatment or admission of
12                  patients may be imposed summarily and without a
13                  hearing   under    designated    administrative
14                  circumstances  as  specifically provided for in
15                  the medical staff bylaws  as  approved  by  the
16                  medical staff.
17                       (iii)  If  a hospital exercises its option
18                  to enter into an exclusive  contract  and  that
19                  contract   results  in  the  total  or  partial
20                  termination  or  reduction  of  medical   staff
21                  membership  or clinical privileges of a current
22                  medical  staff  member,  the   hospital   shall
23                  provide  the  affected  medical staff member 60
24                  days prior notice of the effect on his  or  her
25                  medical  staff  membership  or  privileges.  An
26                  affected   medical   staff  member  desiring  a
27                  hearing  under   subparagraph   (C)   of   this
28                  paragraph  (2)  must request the hearing within
29                  14  days  after  the  date  he  or  she  is  so
30                  notified.  The  requested  hearing   shall   be
31                  commenced  and  completed  (with  a  report and
32                  recommendation to the  affected  medical  staff
33                  member,  hospital  governing board, and medical
34                  staff) within 30 days after  the  date  of  the
 
SB1412 Engrossed            -8-      LRB093 10132 LCB 10385 b
 1                  medical  staff member's request. If agreed upon
 2                  by both the  medical  staff  and  the  hospital
 3                  governing  board,  the medical staff bylaws may
 4                  provide for longer time periods.
 5                  (D)  A  statement  of  the  member's  right  to
 6             inspect all pertinent information in the  hospital's
 7             possession with respect to the decision.
 8                  (E)  A  statement  of  the  member's  right  to
 9             present  witnesses and other evidence at the hearing
10             on the decision.
11                  (F)  A written notice and  written  explanation
12             of the decision resulting from the hearing.
13                  (F-5)  A  written  notice  of  a  final adverse
14             decision by a hospital governing board.
15                  (G)  Notice given 15 days before implementation
16             of an adverse medical staff membership  or  clinical
17             privileges  decision based substantially on economic
18             factors.  This  notice  shall  be  given  after  the
19             medical  staff  member   exhausts   all   applicable
20             procedures  under this Section, including item (iii)
21             of subparagraph (C) of this paragraph (2), and under
22             the  medical  staff  bylaws  in   order   to   allow
23             sufficient time for the orderly provision of patient
24             care.
25                  (H)  Nothing  in  this  paragraph  (2)  of this
26             subsection (b) limits a medical staff member's right
27             to  waive,  in  writing,  the  rights  provided   in
28             subparagraphs  (A) through (G) of this paragraph (2)
29             of  this  subsection  (b)  upon  being  granted  the
30             written  exclusive  right  to   provide   particular
31             services  at a hospital, either individually or as a
32             member of a  group.  If  an  exclusive  contract  is
33             signed by a representative of a group of physicians,
34             a  waiver  contained  in the contract shall apply to
 
SB1412 Engrossed            -9-      LRB093 10132 LCB 10385 b
 1             all members of the group unless stated otherwise  in
 2             the contract.
 3             (3)  Every  adverse  medical  staff  membership  and
 4        clinical   privilege   decision  based  substantially  on
 5        economic  factors  shall  be  reported  to  the  Hospital
 6        Licensing Board before the decision takes effect.   These
 7        reports  shall  not be disclosed in any form that reveals
 8        the identity of any hospital or physician.  These reports
 9        shall be utilized to  study  the  effects  that  hospital
10        medical staff membership and clinical privilege decisions
11        based  upon  economic  factors have on access to care and
12        the availability of  physician  services.   The  Hospital
13        Licensing  Board  shall  submit  an  initial study to the
14        Governor and the General Assembly by January 1, 1996, and
15        subsequent  reports  shall  be   submitted   periodically
16        thereafter.
17             (4)  As used in this Section:
18             "Adverse   decision"   means  a  decision  reducing,
19        restricting,  suspending,  revoking,  denying,   or   not
20        renewing medical staff membership or clinical privileges.
21             "Economic  factor"  means any information or reasons
22        for  decisions  unrelated   to   quality   of   care   or
23        professional competency.
24             "Pre-applicant"   means   a  physician  licensed  to
25        practice medicine in all its  branches  who  requests  an
26        application for medical staff membership or privileges.
27             "Privilege"  means  permission to provide medical or
28        other  patient  care  services  and  permission  to   use
29        hospital  resources,  including equipment, facilities and
30        personnel  that  are  necessary  to  effectively  provide
31        medical or other patient care services.  This  definition
32        shall  not  be construed to require a hospital to acquire
33        additional  equipment,  facilities,   or   personnel   to
34        accommodate the granting of privileges.
 
SB1412 Engrossed            -10-     LRB093 10132 LCB 10385 b
 1             (5)  Any  amendment to medical staff bylaws required
 2        because of  this  amendatory  Act  of  the  91st  General
 3        Assembly shall be adopted on or before July 1, 2001.
 4        (c)  All  hospitals  shall consult with the medical staff
 5    prior to closing membership in the entire or any  portion  of
 6    the  medical  staff  or a department.  If the hospital closes
 7    membership in the medical staff, any portion of  the  medical
 8    staff,  or  the department over the objections of the medical
 9    staff, then the hospital shall  provide  a  detailed  written
10    explanation  for  the  decision  to the medical staff 10 days
11    prior to the effective date of any closure.  No  applications
12    need  to  be provided when membership in the medical staff or
13    any relevant portion of the medical staff is closed.
14    (Source:  P.A.  90-14,  eff.  7-1-97;  90-149,  eff.  1-1-98;
15    90-655, eff. 7-30-98; 91-166, eff. 1-1-00.)

16        Section 20.  The AIDS Confidentiality Act is  amended  by
17    changing Section 7 as follows:

18        (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
19        Sec.  7.  (a)  Notwithstanding the provisions of Sections
20    4, 5 and 6 of this  Act,  written  informed  consent  is  not
21    required  for  a  health  care provider or health facility to
22    perform a test  when  the  health  care  provider  or  health
23    facility  procures,  processes,  distributes  or uses a human
24    body part donated for a purpose specified under the  Illinois
25    Uniform  Anatomical  Gift Act, or semen provided prior to the
26    effective date of this Act  for  the  purpose  of  artificial
27    insemination,  and such a test is necessary to assure medical
28    acceptability  of  such  gift  or  semen  for  the   purposes
29    intended.
30        (b)  Written  informed  consent  is  not  required  for a
31    health care provider or health facility  to  perform  a  test
32    when a health care provider or employee of a health facility,
 
SB1412 Engrossed            -11-     LRB093 10132 LCB 10385 b
 1    or  a firefighter or an EMT-A, EMT-I or EMT-P, is involved in
 2    an accidental direct skin or mucous membrane contact with the
 3    blood or bodily fluids of an individual which is of a  nature
 4    that  may  transmit  HIV, as determined by a physician in his
 5    medical judgment.  Should such test prove to be positive, the
 6    patient  and  the  health  care  provider,  health   facility
 7    employee,  firefighter,  EMT-A,  EMT-I,  or  EMT-P  shall  be
 8    provided appropriate counseling consistent with this Act.
 9        (c)  Written  informed  consent  is  not  required  for a
10    health care provider or health facility  to  perform  a  test
11    when  a  law  enforcement  officer is involved in the line of
12    duty in a direct skin or mucous  membrane  contact  with  the
13    blood  or bodily fluids of an individual which is of a nature
14    that may transmit HIV, as determined by a  physician  in  his
15    medical judgment.  Should such test prove to be positive, the
16    patient  shall  be provided appropriate counseling consistent
17    with this Act.  For purposes of  this  subsection  (c),  "law
18    enforcement  officer" means any person employed by the State,
19    a county or a municipality as  a  policeman,  peace  officer,
20    auxiliary  policeman,  correctional  officer  or in some like
21    position involving the enforcement of the law and  protection
22    of the public interest at the risk of that person's life.
23    (Source: P.A. 86-887; 86-891; 86-1028; 87-459.)

24        Section  25.   The  Illinois  Vehicle  Code is amended by
25    changing Sections 6-110 and 12-215 as follows:

26        (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
27        Sec. 6-110.  Licenses issued to drivers.
28        (a)  The  Secretary  of  State  shall  issue   to   every
29    qualifying applicant a driver's license as applied for, which
30    license  shall  bear  a distinguishing number assigned to the
31    licensee, the name, social security number, zip code, date of
32    birth, address, and a brief description of the licensee,  and
 
SB1412 Engrossed            -12-     LRB093 10132 LCB 10385 b
 1    a space where the licensee may write his usual signature.
 2        If the licensee is less than 17 years of age, the license
 3    shall,  as  a  matter of law, be invalid for the operation of
 4    any motor vehicle during any time the licensee is  prohibited
 5    from  being  on any street or highway under the provisions of
 6    the Child Curfew Act.
 7        Licenses issued shall also  indicate  the  classification
 8    and the restrictions under Section 6-104 of this Code.
 9        In  lieu of the social security number, the Secretary may
10    in his discretion substitute a federal tax  number  or  other
11    distinctive number.
12        A  driver's  license issued may, in the discretion of the
13    Secretary, include a suitable photograph of a type prescribed
14    by the Secretary.
15        (b)  The Secretary of State shall provide a format on the
16    reverse of each driver's license issued  which  the  licensee
17    may  use  to  execute  a  document  of gift conforming to the
18    provisions of the Illinois Uniform Anatomical Gift  Act.  The
19    format   shall  allow  the  licensee  to  indicate  the  gift
20    intended, whether specific organs, any organ, or  the  entire
21    body, and shall accommodate the signatures of the donor and 2
22    witnesses.  The Secretary shall also inform each applicant or
23    licensee  of  this  format,  describe  the  procedure for its
24    execution, and may offer the  necessary  witnesses;  provided
25    that in so doing, the Secretary shall advise the applicant or
26    licensee  that  he or she is under no compulsion to execute a
27    document of  gift.  A  brochure  explaining  this  method  of
28    executing  an anatomical gift document shall be given to each
29    applicant  or  licensee.   The  brochure  shall  advise   the
30    applicant  or  licensee that he or she is under no compulsion
31    to execute a document of gift, and that he or she may wish to
32    consult with family, friends or clergy before doing  so.  The
33    Secretary   of   State   may  undertake  additional  efforts,
34    including education  and  awareness  activities,  to  promote
 
SB1412 Engrossed            -13-     LRB093 10132 LCB 10385 b
 1    organ and tissue donation.
 2        (c)  The  Secretary  of  State  shall  designate  on each
 3    driver's license issued a space where the licensee may  place
 4    a  sticker  or decal of the uniform size as the Secretary may
 5    specify, which sticker or decal may indicate  in  appropriate
 6    language  that  the owner of the license carries an Emergency
 7    Medical Information Card.
 8        The sticker may be  provided  by  any  person,  hospital,
 9    school, medical group, or association interested in assisting
10    in  implementing  the Emergency Medical Information Card, but
11    shall meet the specifications as the Secretary may by rule or
12    regulation require.
13        (d)  The Secretary  of  State  shall  designate  on  each
14    driver's  license  issued  a  space  where  the  licensee may
15    indicate his blood type and RH factor.
16        (e)  The Secretary  of  State  shall  provide  that  each
17    original  or  renewal  driver's  license issued to a licensee
18    under 21 years of age shall be  of  a  distinct  nature  from
19    those driver's licenses issued to individuals 21 years of age
20    and  older.  The  color  designated for driver's licenses for
21    licensees under 21 years of age shall be at the discretion of
22    the Secretary of State.
23        (e-1)  The Secretary shall  provide  that  each  driver's
24    license  issued  to a person under the age of 21 displays the
25    date upon which the person becomes 18 years of  age  and  the
26    date upon which the person becomes 21 years of age.
27        (f)  The  Secretary  of  State  shall inform all Illinois
28    licensed  commercial   motor   vehicle   operators   of   the
29    requirements  of  the  Uniform Commercial Driver License Act,
30    Article V of this  Chapter,  and  shall  make  provisions  to
31    insure  that  all  drivers,  seeking  to  obtain a commercial
32    driver's license, be afforded an opportunity prior  to  April
33    1,  1992, to obtain the license.  The Secretary is authorized
34    to extend  driver's  license  expiration  dates,  and  assign
 
SB1412 Engrossed            -14-     LRB093 10132 LCB 10385 b
 1    specific  times,  dates  and locations where these commercial
 2    driver's tests shall be conducted.  Any applicant, regardless
 3    of the current expiration date of  the  applicant's  driver's
 4    license,  may  be subject to any assignment by the Secretary.
 5    Failure to comply with the Secretary's assignment may  result
 6    in  the applicant's forfeiture of an opportunity to receive a
 7    commercial driver's license prior to April 1, 1992.
 8        (g)  The Secretary of State shall designate on a driver's
 9    license issued, a space where the licensee may indicate  that
10    he  or  she  has drafted a living will in accordance with the
11    Illinois Living Will Act or a durable power of  attorney  for
12    health care in accordance with the Illinois Power of Attorney
13    Act.
14        (g-1)  The  Secretary of State, in his or her discretion,
15    may designate on each driver's license issued a  space  where
16    the  licensee  may  place  a  sticker or decal, issued by the
17    Secretary of State, of uniform  size  as  the  Secretary  may
18    specify, that shall indicate in appropriate language that the
19    owner of the license has renewed his or her driver's license.
20        (h)  A  person  who acts in good faith in accordance with
21    the terms of this Section is not liable for  damages  in  any
22    civil  action  or  subject  to  prosecution  in  any criminal
23    proceeding for his or her act.
24    (Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)

25        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
26        (Text of Section before amendment by P.A. 92-872)
27        Sec. 12-215.  Oscillating, rotating or flashing lights on
28    motor vehicles. Except as otherwise provided in this Code:
29        (a)  The use of red or  white  oscillating,  rotating  or
30    flashing  lights, whether lighted or unlighted, is prohibited
31    except on:
32             1.  Law enforcement vehicles of  State,  Federal  or
33        local authorities;
 
SB1412 Engrossed            -15-     LRB093 10132 LCB 10385 b
 1             2.  A vehicle operated by a police officer or county
 2        coroner   and   designated   or   authorized   by   local
 3        authorities,  in  writing,  as a law enforcement vehicle;
 4        however,  such  designation  or  authorization  must   be
 5        carried in the vehicle;
 6             3.  Vehicles  of local fire departments and State or
 7        federal firefighting vehicles;
 8             4.  Vehicles which are designed and used exclusively
 9        as  ambulances  or  rescue  vehicles;  furthermore,  such
10        lights shall not be lighted except when responding to  an
11        emergency  call for and while actually conveying the sick
12        or injured;
13             5.  Tow trucks licensed in  a  state  that  requires
14        such  lights;  furthermore,  such  lights  shall  not  be
15        lighted  on  any  such  tow  truck while the tow truck is
16        operating in the State of Illinois;
17             6.  Vehicles of the  Illinois  Emergency  Management
18        Agency, and vehicles of the Department of Nuclear Safety;
19        and
20             7.  Vehicles operated by a local or county emergency
21        management  services  agency  as  defined in the Illinois
22        Emergency Management Agency Act; and.
23             8.  Vehicles that are equipped and used  exclusively
24        as  organ  transplant  vehicles  when used in combination
25        with blue  oscillating,  rotating,  or  flashing  lights;
26        furthermore,  these lights shall be lighted only when the
27        transportation is declared an emergency by  a  member  of
28        the  transplant  team  or  a  representative of the organ
29        procurement organization.
30        (b)  The use of amber oscillating, rotating  or  flashing
31    lights,  whether  lighted  or unlighted, is prohibited except
32    on:
33             1.  Second division vehicles designed and  used  for
34        towing  or  hoisting  vehicles;  furthermore, such lights
 
SB1412 Engrossed            -16-     LRB093 10132 LCB 10385 b
 1        shall not be lighted except as required in this paragraph
 2        1; such lights shall be lighted when  such  vehicles  are
 3        actually  being  used   at  the  scene  of an accident or
 4        disablement; if the towing vehicle  is  equipped  with  a
 5        flat  bed  that  supports all wheels of the vehicle being
 6        transported, the lights shall not be  lighted  while  the
 7        vehicle  is engaged in towing on a highway; if the towing
 8        vehicle is not equipped with a flat bed that supports all
 9        wheels of a vehicle being transported, the  lights  shall
10        be  lighted while the towing vehicle is engaged in towing
11        on a highway during all times when the use of  headlights
12        is required under Section 12-201 of this Code;
13             2.  Motor  vehicles  or  equipment  of  the State of
14        Illinois, local authorities and contractors; furthermore,
15        such lights  shall  not  be  lighted  except  while  such
16        vehicles  are  engaged  in  maintenance  or  construction
17        operations within the limits of construction projects;
18             3.  Vehicles  or  equipment  used  by engineering or
19        survey crews;  furthermore,  such  lights  shall  not  be
20        lighted  except  while such vehicles are actually engaged
21        in work on a highway;
22             4.  Vehicles of public utilities, municipalities, or
23        other construction,  maintenance  or  automotive  service
24        vehicles except that such lights shall be lighted only as
25        a  means  for  indicating  the  presence  of  a vehicular
26        traffic hazard requiring  unusual  care  in  approaching,
27        overtaking  or passing while such vehicles are engaged in
28        maintenance, service or construction on a highway;
29             5.  Oversized vehicle or load; however, such  lights
30        shall  only be lighted when moving under permit issued by
31        the Department under Section 15-301 of this Code;
32             6.  The front and rear of motorized equipment  owned
33        and  operated  by  the State of Illinois or any political
34        subdivision thereof,  which  is  designed  and  used  for
 
SB1412 Engrossed            -17-     LRB093 10132 LCB 10385 b
 1        removal of snow and ice from highways;
 2             7.  Fleet  safety  vehicles  registered  in  another
 3        state,  furthermore,  such  lights  shall  not be lighted
 4        except as provided for in Section 12-212 of this Code;
 5             8.  Such other vehicles  as  may  be  authorized  by
 6        local authorities;
 7             9.  Law  enforcement  vehicles  of  State  or  local
 8        authorities   when   used   in   combination   with   red
 9        oscillating, rotating or flashing lights;
10             9.5.  Propane delivery trucks;
11             10.  Vehicles used for collecting or delivering mail
12        for  the  United States Postal Service provided that such
13        lights shall not be lighted except when such vehicles are
14        actually being used for such purposes;
15             11.  Any vehicle displaying  a  slow-moving  vehicle
16        emblem as provided in Section 12-205.1;
17             12.  All  trucks  equipped  with  self-compactors or
18        roll-off hoists and roll-on  containers  for  garbage  or
19        refuse  hauling.  Such lights shall not be lighted except
20        when such vehicles  are  actually  being  used  for  such
21        purposes;
22             13.  Vehicles  used  by  a  security  company, alarm
23        responder, or control agency; and
24             14.  Security vehicles of the  Department  of  Human
25        Services; however, the lights shall not be lighted except
26        when  being  used for security related purposes under the
27        direction of the superintendent of the facility where the
28        vehicle is located.
29        (c)  The use of blue oscillating,  rotating  or  flashing
30    lights,  whether  lighted  or unlighted, is prohibited except
31    on:
32             1.  Rescue  squad  vehicles  not  owned  by  a  fire
33        department and vehicles owned or fully operated by a:
34                  voluntary firefighter;
 
SB1412 Engrossed            -18-     LRB093 10132 LCB 10385 b
 1                  paid firefighter;
 2                  part-paid firefighter;
 3                  call firefighter;
 4                  member of the  board  of  trustees  of  a  fire
 5             protection district;
 6                  paid or unpaid member of a rescue squad;
 7                  paid  or unpaid member of a voluntary ambulance
 8             unit; or
 9                  paid or unpaid members of  a  local  or  county
10             emergency  management  services agency as defined in
11             the  Illinois  Emergency  Management   Agency   Act,
12             designated  or  authorized  by local authorities, in
13             writing,   and   carrying   that   designation    or
14             authorization in the vehicle.
15             However,  such  lights  are not to be lighted except
16        when responding to a bona fide emergency.
17             2.  Police department vehicles in  cities  having  a
18        population of 500,000 or more inhabitants.
19             3.  Law  enforcement  vehicles  of  State  or  local
20        authorities   when   used   in   combination   with   red
21        oscillating, rotating or flashing lights.
22             4.  Vehicles  of local fire departments and State or
23        federal firefighting vehicles when  used  in  combination
24        with red oscillating, rotating or flashing lights.
25             5.  Vehicles which are designed and used exclusively
26        as ambulances or rescue vehicles when used in combination
27        with   red  oscillating,  rotating  or  flashing  lights;
28        furthermore, such lights shall not be lighted except when
29        responding to an emergency call.
30             6.  Vehicles that are equipped and used  exclusively
31        as organ transport vehicles when used in combination with
32        red    oscillating,   rotating,   or   flashing   lights;
33        furthermore, these lights shall only be lighted when  the
34        transportation  is  declared  an emergency by a member of
 
SB1412 Engrossed            -19-     LRB093 10132 LCB 10385 b
 1        the transplant team or  a  representative  of  the  organ
 2        procurement organization.
 3             7.  Vehicles  of  the  Illinois Emergency Management
 4        Agency and vehicles of the Department of Nuclear  Safety,
 5        when  used in combination with red oscillating, rotating,
 6        or flashing lights.
 7             8.  Vehicles operated by a local or county emergency
 8        management services agency as  defined  in  the  Illinois
 9        Emergency Management Agency Act, when used in combination
10        with red oscillating, rotating, or flashing lights.
11        (c-1)  In  addition to the blue oscillating, rotating, or
12    flashing  lights  permitted   under   subsection   (c),   and
13    notwithstanding  subsection  (a),  a  vehicle  operated  by a
14    voluntary firefighter may be  equipped  with  flashing  white
15    headlights  and  blue grill lights, which may be used only in
16    responding to an emergency call.
17        (c-2)  In addition to the blue oscillating, rotating,  or
18    flashing   lights   permitted   under   subsection  (c),  and
19    notwithstanding subsection (a), a vehicle operated by a  paid
20    or  unpaid  member  of a local or county emergency management
21    services  agency  as  defined  in  the   Illinois   Emergency
22    Management   Agency   Act,   may   be   equipped  with  white
23    oscillating, rotating, or  flashing  lights  to  be  used  in
24    combination  with  blue  oscillating,  rotating,  or flashing
25    lights, if authorization by local authorities is  in  writing
26    and carried in the vehicle.
27        (d)  The   use  of  a  combination  of  amber  and  white
28    oscillating, rotating or flashing lights, whether lighted  or
29    unlighted,  is prohibited, except motor vehicles or equipment
30    of the State of Illinois, local authorities  and  contractors
31    may  be  so  equipped;  furthermore, such lights shall not be
32    lighted except while such vehicles  are  engaged  in  highway
33    maintenance  or  construction operations within the limits of
34    highway construction projects.
 
SB1412 Engrossed            -20-     LRB093 10132 LCB 10385 b
 1        (e)  All  oscillating,  rotating   or   flashing   lights
 2    referred to in this Section shall be of sufficient intensity,
 3    when  illuminated,  to  be  visible  at  500  feet  in normal
 4    sunlight.
 5        (f)  Nothing   in   this   Section   shall   prohibit   a
 6    manufacturer of oscillating, rotating or flashing  lights  or
 7    his representative from temporarily mounting such lights on a
 8    vehicle for demonstration purposes only.
 9        (g)  Any  person  violating the provisions of subsections
10    (a), (b), (c) or (d)  of  this  Section  who  without  lawful
11    authority  stops  or  detains  or  attempts to stop or detain
12    another person shall be guilty of a Class 4 felony.
13        (h)  Except as provided  in  subsection  (g)  above,  any
14    person  violating the provisions of subsections (a) or (c) of
15    this Section shall be guilty of a Class A misdemeanor.
16    (Source: P.A. 91-357, eff.  7-29-99;  92-138,  eff.  7-24-01;
17    92-407,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-782, eff.
18    8-6-02; 92-820, eff. 8-21-02; revised 8-26-02.)

19        (Text of Section after amendment by P.A. 92-872)
20        Sec. 12-215.  Oscillating, rotating or flashing lights on
21    motor vehicles. Except as otherwise provided in this Code:
22        (a)  The use of red or  white  oscillating,  rotating  or
23    flashing  lights, whether lighted or unlighted, is prohibited
24    except on:
25             1.  Law enforcement vehicles of  State,  Federal  or
26        local authorities;
27             2.  A vehicle operated by a police officer or county
28        coroner   and   designated   or   authorized   by   local
29        authorities,  in  writing,  as a law enforcement vehicle;
30        however,  such  designation  or  authorization  must   be
31        carried in the vehicle;
32             3.  Vehicles  of local fire departments and State or
33        federal firefighting vehicles;
34             4.  Vehicles which are designed and used exclusively
 
SB1412 Engrossed            -21-     LRB093 10132 LCB 10385 b
 1        as  ambulances  or  rescue  vehicles;  furthermore,  such
 2        lights shall not be lighted except when responding to  an
 3        emergency  call for and while actually conveying the sick
 4        or injured;
 5             5.  Tow trucks licensed in  a  state  that  requires
 6        such  lights;  furthermore,  such  lights  shall  not  be
 7        lighted  on  any  such  tow  truck while the tow truck is
 8        operating in the State of Illinois;
 9             6.  Vehicles of the  Illinois  Emergency  Management
10        Agency, and vehicles of the Department of Nuclear Safety;
11        and
12             7.  Vehicles operated by a local or county emergency
13        management  services  agency  as  defined in the Illinois
14        Emergency Management Agency Act; and.
15             8.  Vehicles that are equipped and used  exclusively
16        as  organ  transplant  vehicles  when used in combination
17        with blue  oscillating,  rotating,  or  flashing  lights;
18        furthermore,  these lights shall be lighted only when the
19        transportation is declared an emergency by  a  member  of
20        the  transplant  team  or  a  representative of the organ
21        procurement organization.
22        (b)  The use of amber oscillating, rotating  or  flashing
23    lights,  whether  lighted  or unlighted, is prohibited except
24    on:
25             1.  Second division vehicles designed and  used  for
26        towing  or  hoisting  vehicles;  furthermore, such lights
27        shall not be lighted except as required in this paragraph
28        1; such lights shall be lighted when  such  vehicles  are
29        actually  being  used   at  the  scene  of an accident or
30        disablement; if the towing vehicle  is  equipped  with  a
31        flat  bed  that  supports all wheels of the vehicle being
32        transported, the lights shall not be  lighted  while  the
33        vehicle  is engaged in towing on a highway; if the towing
34        vehicle is not equipped with a flat bed that supports all
 
SB1412 Engrossed            -22-     LRB093 10132 LCB 10385 b
 1        wheels of a vehicle being transported, the  lights  shall
 2        be  lighted while the towing vehicle is engaged in towing
 3        on a highway during all times when the use of  headlights
 4        is required under Section 12-201 of this Code;
 5             2.  Motor  vehicles  or  equipment  of  the State of
 6        Illinois, local authorities and contractors; furthermore,
 7        such lights  shall  not  be  lighted  except  while  such
 8        vehicles  are  engaged  in  maintenance  or  construction
 9        operations within the limits of construction projects;
10             3.  Vehicles  or  equipment  used  by engineering or
11        survey crews;  furthermore,  such  lights  shall  not  be
12        lighted  except  while such vehicles are actually engaged
13        in work on a highway;
14             4.  Vehicles of public utilities, municipalities, or
15        other construction,  maintenance  or  automotive  service
16        vehicles except that such lights shall be lighted only as
17        a  means  for  indicating  the  presence  of  a vehicular
18        traffic hazard requiring  unusual  care  in  approaching,
19        overtaking  or passing while such vehicles are engaged in
20        maintenance, service or construction on a highway;
21             5.  Oversized vehicle or load; however, such  lights
22        shall  only be lighted when moving under permit issued by
23        the Department under Section 15-301 of this Code;
24             6.  The front and rear of motorized equipment  owned
25        and  operated  by  the State of Illinois or any political
26        subdivision thereof,  which  is  designed  and  used  for
27        removal of snow and ice from highways;
28             7.  Fleet  safety  vehicles  registered  in  another
29        state,  furthermore,  such  lights  shall  not be lighted
30        except as provided for in Section 12-212 of this Code;
31             8.  Such other vehicles  as  may  be  authorized  by
32        local authorities;
33             9.  Law  enforcement  vehicles  of  State  or  local
34        authorities   when   used   in   combination   with   red
 
SB1412 Engrossed            -23-     LRB093 10132 LCB 10385 b
 1        oscillating, rotating or flashing lights;
 2             9.5.  Propane delivery trucks;
 3             10.  Vehicles used for collecting or delivering mail
 4        for  the  United States Postal Service provided that such
 5        lights shall not be lighted except when such vehicles are
 6        actually being used for such purposes;
 7             11.  Any vehicle displaying  a  slow-moving  vehicle
 8        emblem as provided in Section 12-205.1;
 9             12.  All  trucks  equipped  with  self-compactors or
10        roll-off hoists and roll-on  containers  for  garbage  or
11        refuse  hauling.  Such lights shall not be lighted except
12        when such vehicles  are  actually  being  used  for  such
13        purposes;
14             13.  Vehicles  used  by  a  security  company, alarm
15        responder, or control agency;
16             14.  Security vehicles of the  Department  of  Human
17        Services; however, the lights shall not be lighted except
18        when  being  used for security related purposes under the
19        direction of the superintendent of the facility where the
20        vehicle is located; and
21             15.  Vehicles of union representatives, except  that
22        the  lights  shall  be  lighted only while the vehicle is
23        within the limits of a construction project.
24        (c)  The use of blue oscillating,  rotating  or  flashing
25    lights,  whether  lighted  or unlighted, is prohibited except
26    on:
27             1.  Rescue  squad  vehicles  not  owned  by  a  fire
28        department and vehicles owned or fully operated by a:
29                  voluntary firefighter;
30                  paid firefighter;
31                  part-paid firefighter;
32                  call firefighter;
33                  member of the  board  of  trustees  of  a  fire
34             protection district;
 
SB1412 Engrossed            -24-     LRB093 10132 LCB 10385 b
 1                  paid or unpaid member of a rescue squad;
 2                  paid  or unpaid member of a voluntary ambulance
 3             unit; or
 4                  paid or unpaid members of  a  local  or  county
 5             emergency  management  services agency as defined in
 6             the  Illinois  Emergency  Management   Agency   Act,
 7             designated  or  authorized  by local authorities, in
 8             writing,   and   carrying   that   designation    or
 9             authorization in the vehicle.
10             However,  such  lights  are not to be lighted except
11        when responding to a bona fide emergency.
12             2.  Police department vehicles in  cities  having  a
13        population of 500,000 or more inhabitants.
14             3.  Law  enforcement  vehicles  of  State  or  local
15        authorities   when   used   in   combination   with   red
16        oscillating, rotating or flashing lights.
17             4.  Vehicles  of local fire departments and State or
18        federal firefighting vehicles when  used  in  combination
19        with red oscillating, rotating or flashing lights.
20             5.  Vehicles which are designed and used exclusively
21        as ambulances or rescue vehicles when used in combination
22        with   red  oscillating,  rotating  or  flashing  lights;
23        furthermore, such lights shall not be lighted except when
24        responding to an emergency call.
25             6.  Vehicles that are equipped and used  exclusively
26        as organ transport vehicles when used in combination with
27        red    oscillating,   rotating,   or   flashing   lights;
28        furthermore, these lights shall only be lighted when  the
29        transportation  is  declared  an emergency by a member of
30        the transplant team or  a  representative  of  the  organ
31        procurement organization.
32             7.  Vehicles  of  the  Illinois Emergency Management
33        Agency and vehicles of the Department of Nuclear  Safety,
34        when  used in combination with red oscillating, rotating,
 
SB1412 Engrossed            -25-     LRB093 10132 LCB 10385 b
 1        or flashing lights.
 2             8.  Vehicles operated by a local or county emergency
 3        management services agency as  defined  in  the  Illinois
 4        Emergency Management Agency Act, when used in combination
 5        with red oscillating, rotating, or flashing lights.
 6        (c-1)  In  addition to the blue oscillating, rotating, or
 7    flashing  lights  permitted   under   subsection   (c),   and
 8    notwithstanding  subsection  (a),  a  vehicle  operated  by a
 9    voluntary firefighter, a voluntary member of a rescue  squad,
10    or  a  member  of  a voluntary ambulance unit may be equipped
11    with flashing white headlights and blue grill  lights,  which
12    may be used only in responding to an emergency call.
13        (c-2)  In  addition to the blue oscillating, rotating, or
14    flashing  lights  permitted   under   subsection   (c),   and
15    notwithstanding  subsection (a), a vehicle operated by a paid
16    or unpaid member of a local or  county  emergency  management
17    services   agency   as  defined  in  the  Illinois  Emergency
18    Management  Agency  Act,   may   be   equipped   with   white
19    oscillating,  rotating,  or  flashing  lights  to  be used in
20    combination with  blue  oscillating,  rotating,  or  flashing
21    lights,  if  authorization by local authorities is in writing
22    and carried in the vehicle.
23        (d)  The  use  of  a  combination  of  amber  and   white
24    oscillating,  rotating or flashing lights, whether lighted or
25    unlighted, is prohibited except motor vehicles  or  equipment
26    of the State of Illinois, local authorities, contractors, and
27    union  representatives  may be so equipped; furthermore, such
28    lights shall not be lighted  on  vehicles  of  the  State  of
29    Illinois,  local  authorities,  and  contractors except while
30    such  vehicles  are  engaged  in   highway   maintenance   or
31    construction   operations   within   the  limits  of  highway
32    construction projects,  and  shall  not  be  lighted  on  the
33    vehicles  of union representatives except when those vehicles
34    are within the limits of a construction project.
 
SB1412 Engrossed            -26-     LRB093 10132 LCB 10385 b
 1        (e)  All  oscillating,  rotating   or   flashing   lights
 2    referred to in this Section shall be of sufficient intensity,
 3    when  illuminated,  to  be  visible  at  500  feet  in normal
 4    sunlight.
 5        (f)  Nothing   in   this   Section   shall   prohibit   a
 6    manufacturer of oscillating, rotating or flashing  lights  or
 7    his representative from temporarily mounting such lights on a
 8    vehicle for demonstration purposes only.
 9        (g)  Any  person  violating the provisions of subsections
10    (a), (b), (c) or (d)  of  this  Section  who  without  lawful
11    authority  stops  or  detains  or  attempts to stop or detain
12    another person shall be guilty of a Class 4 felony.
13        (h)  Except as provided  in  subsection  (g)  above,  any
14    person  violating the provisions of subsections (a) or (c) of
15    this Section shall be guilty of a Class A misdemeanor.
16    (Source: P.A. 91-357, eff.  7-29-99;  92-138,  eff.  7-24-01;
17    92-407,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-782, eff.
18    8-6-02; 92-820, eff. 8-21-02; 92-872,  eff.  6-1-03;  revised
19    1-10-03.)

20        Section  30.   The  Criminal  Code  of 1961 is amended by
21    changing Section 12-20 as follows:

22        (720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
23        Sec. 12-20.  Sale of body parts. (a) Except  as  provided
24    in subsection (b), any person who knowingly buys or sells, or
25    offers  to  buy  or sell, a human body or any part of a human
26    body, is guilty of  a  Class  A  misdemeanor  for  the  first
27    conviction and a Class 4 felony for subsequent convictions.
28        (b)  This Section does not prohibit:
29        (1)  An  anatomical  gift  made  in  accordance  with the
30    Illinois Uniform Anatomical Gift Act.
31        (2)  The removal and use of a human cornea in  accordance
32    with the Illinois Anatomical Gift Corneal Transplant Act.
 
SB1412 Engrossed            -27-     LRB093 10132 LCB 10385 b
 1        (3)  Reimbursement  of  actual  expenses  incurred  by  a
 2    living person in donating an organ, tissue or other body part
 3    or   fluid   for   transplantation,  implantation,  infusion,
 4    injection, or other medical or scientific purpose,  including
 5    medical costs, loss of income, and travel expenses.
 6        (4)  Payments provided under a plan of insurance or other
 7    health care coverage.
 8        (5)  Reimbursement  of  reasonable  costs associated with
 9    the removal, storage or transportation of  a  human  body  or
10    part thereof donated for medical or scientific purposes.
11        (6)  Purchase or sale of blood, plasma, blood products or
12    derivatives, other body fluids, or human hair.
13        (7)  Purchase   or  sale  of  drugs,  reagents  or  other
14    substances made from human bodies or body parts, for  use  in
15    medical or scientific research, treatment or diagnosis.
16    (Source: P.A. 85-191.)

17        Section  35.   The Illinois Living Will Act is amended by
18    changing Section 6 as follows:

19        (755 ILCS 35/6) (from Ch. 110 1/2, par. 706)
20        Sec.  6.   Physician  Responsibilities.    An   attending
21    physician  who  has  been  notified  of  the  existence  of a
22    declaration executed under this Act, without delay after  the
23    diagnosis  of a terminal condition of the patient, shall take
24    the necessary steps to provide for written recording  of  the
25    patient's  terminal  condition,  so  that  the patient may be
26    deemed to be a qualified patient under  this  Act,  or  shall
27    notify the patient or, if the patient is unable to initiate a
28    transfer,  the  person or persons described in subsection (d)
29    of Section 3 in the order of priority stated therein that the
30    physician is unwilling to comply with the provisions  of  the
31    patient's  declaration.   In the event of the patient's death
32    as determined by a physician,  all  medical  care  is  to  be
 
SB1412 Engrossed            -28-     LRB093 10132 LCB 10385 b
 1    terminated  unless  the  patient  is an organ donor, in which
 2    case appropriate organ donation treatment may be  applied  or
 3    continued temporarily.
 4    (Source: P.A. 85-860.)

 5        Section  40.  The Health Care Surrogate Act is amended by
 6    changing Sections 20 and 65 as follows:

 7        (755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)
 8        Sec. 20.  Private decision making process.
 9        (a)  Decisions whether to forgo  life-sustaining  or  any
10    other  form  of  medical treatment involving an adult patient
11    with decisional capacity may be made by that adult patient.
12        (b)  Decisions whether to forgo life-sustaining treatment
13    on behalf  of  a  patient  without  decisional  capacity  are
14    lawful, without resort to the courts or legal process, if the
15    patient  has  a qualifying condition and if the decisions are
16    made in accordance with one of the  following  paragraphs  in
17    this  subsection  and otherwise meet the requirements of this
18    Act:
19             (1)  Decisions  whether  to  forgo   life-sustaining
20        treatment  on  behalf  of a minor or an adult patient who
21        lacks decisional capacity may  be  made  by  a  surrogate
22        decision   maker  or  makers  in  consultation  with  the
23        attending physician, in the order or priority provided in
24        Section  25.   A  surrogate  decision  maker  shall  make
25        decisions for the adult patient conforming as closely  as
26        possible  to what the patient would have done or intended
27        under the circumstances,  taking  into  account  evidence
28        that  includes,  but  is  not  limited  to, the patient's
29        personal, philosophical, religious and moral beliefs  and
30        ethical values relative to the purpose of life, sickness,
31        medical   procedures,   suffering,   and   death.   Where
32        possible, the surrogate shall determine how  the  patient
 
SB1412 Engrossed            -29-     LRB093 10132 LCB 10385 b
 1        would have weighed the burdens and benefits of initiating
 2        or   continuing  life-sustaining  treatment  against  the
 3        burdens and benefits of that treatment.  In the event  an
 4        unrevoked  advance  directive,  such  as a living will, a
 5        declaration for mental health treatment, or  a  power  of
 6        attorney  for  health  care,  is no longer valid due to a
 7        technical  deficiency  or  is  not  applicable   to   the
 8        patient's   condition,  that  document  may  be  used  as
 9        evidence of a patient's wishes.  The absence of a  living
10        will,  declaration  for mental health treatment, or power
11        of attorney for health care shall not give  rise  to  any
12        presumption as to the patient's preferences regarding the
13        initiation or continuation of life-sustaining procedures.
14        If  the  adult  patient's  wishes  are unknown and remain
15        unknown after reasonable efforts to discern  them  or  if
16        the patient is a minor, the decision shall be made on the
17        basis  of  the  patient's best interests as determined by
18        the  surrogate  decision  maker.   In   determining   the
19        patient's  best  interests, the surrogate shall weigh the
20        burdens on and benefits to the patient of  initiating  or
21        continuing  life-sustaining treatment against the burdens
22        and benefits  of  that  treatment  and  shall  take  into
23        account  any  other  information,  including the views of
24        family and friends, that  the  surrogate  decision  maker
25        believes the patient would have considered if able to act
26        for herself or himself.
27             (2)  Decisions   whether  to  forgo  life-sustaining
28        treatment on behalf of a minor or an  adult  patient  who
29        lacks  decisional  capacity,  but  without  any surrogate
30        decision maker or  guardian  being  available  determined
31        after reasonable inquiry by the health care provider, may
32        be made by a court appointed guardian.  A court appointed
33        guardian shall be treated as a surrogate for the purposes
34        of this Act.
 
SB1412 Engrossed            -30-     LRB093 10132 LCB 10385 b
 1        (b-5)  Decisions  concerning  medical treatment on behalf
 2    of a patient without decisional capacity are lawful,  without
 3    resort  to  the  courts or legal process, if the patient does
 4    not have a qualifying condition and if decisions are made  in
 5    accordance  with  one  of  the  following  paragraphs in this
 6    subsection and otherwise meet the requirements of this Act:
 7             (1)  Decisions  concerning  medical   treatment   on
 8        behalf  of  a minor or adult patient who lacks decisional
 9        capacity may be made by a  surrogate  decision  maker  or
10        makers  in  consultation with the attending physician, in
11        the order of priority provided in  Section  25  with  the
12        exception   that   decisions   to  forgo  life-sustaining
13        treatment  may  be  made  only  when  a  patient  has   a
14        qualifying  condition.   A surrogate decision maker shall
15        make decisions for the patient conforming as  closely  as
16        possible  to what the patient would have done or intended
17        under the circumstances,  taking  into  account  evidence
18        that  includes,  but  is  not  limited  to, the patient's
19        personal, philosophical, religious, and moral beliefs and
20        ethical values relative to the purpose of life, sickness,
21        medical procedures, suffering, and death.  In  the  event
22        an  unrevoked advance directive, such as a living will, a
23        declaration for mental health treatment, or  a  power  of
24        attorney  for  health  care,  is no longer valid due to a
25        technical  deficiency  or  is  not  applicable   to   the
26        patient's   condition,  that  document  may  be  used  as
27        evidence of a patient's wishes.  The absence of a  living
28        will,  declaration  for mental health treatment, or power
29        of attorney for health care shall not give  rise  to  any
30        presumption as to the patient's preferences regarding any
31        process.   If  the adult patient's wishes are unknown and
32        remain unknown after reasonable efforts to  discern  them
33        or  if the patient is a minor, the decision shall be made
34        on  the  basis  of  the  patient's  best   interests   as
 
SB1412 Engrossed            -31-     LRB093 10132 LCB 10385 b
 1        determined   by   the   surrogate   decision  maker.   In
 2        determining the patient's best interests,  the  surrogate
 3        shall weigh the burdens on and benefits to the patient of
 4        the  treatment  against  the burdens and benefits of that
 5        treatment  and  shall  take  into   account   any   other
 6        information,  including  the views of family and friends,
 7        that the surrogate decision maker  believes  the  patient
 8        would  have  considered  if  able  to  act for herself or
 9        himself.
10             (2)  Decisions  concerning  medical   treatment   on
11        behalf  of  a minor or adult patient who lacks decisional
12        capacity, but without any  surrogate  decision  maker  or
13        guardian  being  available as determined after reasonable
14        inquiry by the health care provider, may  be  made  by  a
15        court  appointed  guardian.   A  court appointed guardian
16        shall be treated as a surrogate for the purposes of  this
17        Act.
18        (c)  For the purposes of this Act, a patient or surrogate
19    decision maker is presumed to have decisional capacity in the
20    absence  of  actual  notice to the contrary without regard to
21    advanced age. With respect  to  a  patient,  a  diagnosis  of
22    mental illness or mental retardation, of itself, is not a bar
23    to  a  determination of decisional capacity.  A determination
24    that an adult patient lacks decisional capacity shall be made
25    by the attending physician to a reasonable degree of  medical
26    certainty.   The  determination  shall  be  in writing in the
27    patient's medical record and shall set  forth  the  attending
28    physician's opinion regarding the cause, nature, and duration
29    of   the  patient's  lack  of  decisional  capacity.   Before
30    implementation of a decision by a surrogate decision maker to
31    forgo life-sustaining treatment, at least one other qualified
32    physician must concur in  the  determination  that  an  adult
33    patient    lacks   decisional   capacity.    The   concurring
34    determination shall be  made  in  writing  in  the  patient's
 
SB1412 Engrossed            -32-     LRB093 10132 LCB 10385 b
 1    medical  record  after  personal  examination of the patient.
 2    The attending physician shall inform the patient that it  has
 3    been  determined  that  the patient lacks decisional capacity
 4    and  that  a  surrogate  decision  maker   will   be   making
 5    life-sustaining treatment decisions on behalf of the patient.
 6    Moreover,  the  patient  shall be informed of the identity of
 7    the surrogate decision maker and any decisions made  by  that
 8    surrogate.    If  the  person  identified  as  the  surrogate
 9    decision maker is not a  court  appointed  guardian  and  the
10    patient  objects to the statutory surrogate decision maker or
11    any decision made by that surrogate decision maker, then  the
12    provisions of this Act shall not apply.
13        (d)  A  surrogate  decision maker acting on behalf of the
14    patient shall  express  decisions  to  forgo  life-sustaining
15    treatment  to  the  attending physician and one adult witness
16    who is at least 18 years  of  age.   This  decision  and  the
17    substance  of any known discussion before making the decision
18    shall  be  documented  by  the  attending  physician  in  the
19    patient's medical record and signed by the witness.
20        (e)  The existence of a  qualifying  condition  shall  be
21    documented  in writing in the patient's medical record by the
22    attending physician and shall include its cause  and  nature,
23    if  known.   The  written  concurrence  of  another qualified
24    physician is also required.
25        (f)  Once the provisions of this Act are  complied  with,
26    the  attending  physician shall thereafter promptly implement
27    the decision to forgo life-sustaining treatment on behalf  of
28    the  patient  unless  he  or  she believes that the surrogate
29    decision maker is not acting in accordance with  his  or  her
30    responsibilities  under  this  Act, or is unable to do so for
31    reasons of conscience or other personal views or beliefs.
32        (g)  In the event of a patient's death as determined by a
33    physician, all life-sustaining treatment  and  other  medical
34    care  is  to  be  terminated,  unless the patient is an organ
 
SB1412 Engrossed            -33-     LRB093 10132 LCB 10385 b
 1    donor, in which case appropriate organ donation treatment may
 2    be applied or continued temporarily.
 3    (Source: P.A. 90-246, eff. 1-1-98.)

 4        (755 ILCS 40/65)
 5        Sec. 65.  Do-not-resuscitate orders.
 6        (a)  An individual of sound mind and having  reached  the
 7    age   of  majority  or  having  obtained  the  status  of  an
 8    emancipated person pursuant to  the  Emancipation  of  Mature
 9    Minors  Act  may  execute  a  document  (consistent  with the
10    Department of Public Health Uniform DNR Order Form) directing
11    that resuscitating efforts shall not be implemented.  Such an
12    order  may  also  be  executed  by  an  attending  physician.
13    Notwithstanding the existence of  a  DNR  order,  appropriate
14    organ   donation   treatment  may  be  applied  or  continued
15    temporarily  in  the  event  of  the  patient's   death,   in
16    accordance  with subsection (g) of Section 20 of this Act, if
17    the patient is an organ donor.
18        (b)  Consent to a DNR order  may  be  obtained  from  the
19    individual,  or  from  another  person  at  the  individual's
20    direction,  or  from  the  individual's legal guardian, agent
21    under a power of  attorney  for  health  care,  or  surrogate
22    decision  maker,  and  witnessed by 2 individuals 18 years of
23    age or older.
24        (c)  The DNR order may, but need  not,  be  in  the  form
25    adopted  by  the  Department  of  Public  Health  pursuant to
26    Section 2310-600 of the Department of  Public  Health  Powers
27    and Duties Law (20 ILCS 2310/2310-600).
28        (d)  A  health  care professional or health care provider
29    may presume, in the absence of  knowledge  to  the  contrary,
30    that  a  completed  Department  of  Public Health Uniform DNR
31    Order form or a copy of that form is a valid  DNR  order.   A
32    health  care  professional  or  health  care  provider, or an
33    employee  of  a  health  care  professional  or  health  care
 
SB1412 Engrossed            -34-     LRB093 10132 LCB 10385 b
 1    provider,   who   in   good    faith    complies    with    a
 2    do-not-resuscitate  order made in accordance with this Act is
 3    not, as a result of that compliance, subject to any  criminal
 4    or civil liability, except for willful and wanton misconduct,
 5    and   may   not   be  found  to  have  committed  an  act  of
 6    unprofessional conduct.
 7    (Source: P.A. 92-356, eff. 10-1-01.)

 8        Section 45.   The  Illinois  Power  of  Attorney  Act  is
 9    amended by changing Sections 4-7 and 4-10 as follows:

10        (755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
11        Sec.  4-7.  Duties of health care providers and others in
12    relation to health care agencies.  Each health care  provider
13    and each other person with whom an agent deals under a health
14    care  agency  shall  be  subject  to the following duties and
15    responsibilities:
16        (a)  It is the responsibility of the agent or patient  to
17    notify  the  health  care  provider  of  the existence of the
18    health care agency and any amendment or  revocation  thereof.
19    A health care provider furnished with a copy of a health care
20    agency  shall make it a part of the patient's medical records
21    and shall enter in the records any change in  or  termination
22    of the health care agency by the principal that becomes known
23    to  the provider.  Whenever a provider believes a patient may
24    lack capacity to give informed consent to health  care  which
25    the provider deems necessary, the provider shall consult with
26    any  available  health  care  agent known to the provider who
27    then has power to act for the patient  under  a  health  care
28    agency.
29        (b)  A   health   care  decision  made  by  an  agent  in
30    accordance with the terms of a health care  agency  shall  be
31    complied  with  by  every  health  care  provider to whom the
32    decision is communicated, subject to the provider's right  to
 
SB1412 Engrossed            -35-     LRB093 10132 LCB 10385 b
 1    administer  treatment  for  the  patient's  comfort  care  or
 2    alleviation  of  pain;  but  if  the provider is unwilling to
 3    comply with the agent's decision, the provider shall promptly
 4    inform the agent who shall then be responsible  to  make  the
 5    necessary  arrangements  for  the  transfer of the patient to
 6    another provider.  It is understood that a  provider  who  is
 7    unwilling  to  comply with the agent's decision will continue
 8    to afford  reasonably  necessary  consultation  and  care  in
 9    connection with the transfer.
10        (c)  At  the  patient's expense and subject to reasonable
11    rules of the health care provider to  prevent  disruption  of
12    the  patient's  health  care, each health care provider shall
13    give an agent authorized to receive such information under  a
14    health  care  agency  the  same  right  the  principal has to
15    examine and copy any part or all  of  the  patient's  medical
16    records  that the agent deems relevant to the exercise of the
17    agent's powers, whether the records relate to  mental  health
18    or  any  other  medical condition and whether they are in the
19    possession of or maintained by any  physician,  psychiatrist,
20    psychologist,  therapist,  hospital,  nursing  home  or other
21    health care provider.
22        (d)  If and to the extent a health care  agency  empowers
23    the  agent  to  (1)  make an anatomical gift on behalf of the
24    principal under the Illinois Uniform Anatomical Gift Act,  as
25    now  or hereafter amended, or (2) authorize an autopsy of the
26    principal's body pursuant to Section 2 of "An Act in relation
27    to autopsy of dead bodies", approved August 13, 1965, as  now
28    or  hereafter  amended,  or (3) direct the disposition of the
29    principal's remains, the decision by an authorized  agent  as
30    to  anatomical  gift, autopsy approval or remains disposition
31    shall be deemed the act of the principal  and  shall  control
32    over  the  decision of other persons who might otherwise have
33    priority; and each person to whom a direction by the agent in
34    accordance with the terms of the agency is communicated shall
 
SB1412 Engrossed            -36-     LRB093 10132 LCB 10385 b
 1    comply with such direction.
 2    (Source: P.A. 86-736.)

 3        (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
 4        Sec. 4-10.  Statutory short form power  of  attorney  for
 5    health care.
 6        (a)  The  following  form  (sometimes also referred to in
 7    this Act as the "statutory health care power") may be used to
 8    grant an agent powers with respect  to  the  principal's  own
 9    health  care;  but  the  statutory  health  care power is not
10    intended to  be  exclusive  nor  to  cover  delegation  of  a
11    parent's  power  to control the health care of a minor child,
12    and no provision  of  this  Article  shall  be  construed  to
13    invalidate  or  bar  use  by  the  principal  of any other or
14    different  form  of  power  of  attorney  for  health   care.
15    Nonstatutory  health  care  powers  must  be  executed by the
16    principal, designate the agent and the  agent's  powers,  and
17    comply with Section 4-5 of this Article, but they need not be
18    witnessed  or  conform  in any other respect to the statutory
19    health care power. When a power of attorney in  substantially
20    the  following form is used, including the "notice" paragraph
21    at the beginning  in  capital  letters,  it  shall  have  the
22    meaning  and  effect  prescribed  in this Act.  The statutory
23    health care power may be included in  or  combined  with  any
24    other  form  of power of attorney governing property or other
25    matters.
26        "ILLINOIS STATUTORY SHORT  FORM  POWER  OF  ATTORNEY  FOR
27    HEALTH CARE
28        (NOTICE:   THE  PURPOSE  OF  THIS POWER OF ATTORNEY IS TO
29    GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS  TO
30    MAKE  HEALTH  CARE  DECISIONS  FOR  YOU,  INCLUDING  POWER TO
31    REQUIRE, CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL CARE  OR
32    MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO
33    ADMIT  YOU  TO  OR  DISCHARGE  YOU FROM ANY HOSPITAL, HOME OR
 
SB1412 Engrossed            -37-     LRB093 10132 LCB 10385 b
 1    OTHER INSTITUTION.  THIS FORM DOES NOT IMPOSE A DUTY ON  YOUR
 2    AGENT  TO  EXERCISE  GRANTED  POWERS;  BUT  WHEN  POWERS  ARE
 3    EXERCISED,  YOUR  AGENT  WILL HAVE TO USE DUE CARE TO ACT FOR
 4    YOUR BENEFIT AND IN ACCORDANCE WITH  THIS  FORM  AND  KEEP  A
 5    RECORD  OF  RECEIPTS,  DISBURSEMENTS  AND SIGNIFICANT ACTIONS
 6    TAKEN AS AGENT.  A COURT CAN TAKE AWAY  THE  POWERS  OF  YOUR
 7    AGENT  IF IT FINDS THE AGENT IS NOT ACTING PROPERLY.  YOU MAY
 8    NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS,  AND
 9    NO  HEALTH  CARE PROVIDER MAY BE NAMED.  UNLESS YOU EXPRESSLY
10    LIMIT THE DURATION OF  THIS  POWER  IN  THE  MANNER  PROVIDED
11    BELOW,  UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR
12    BEHALF TERMINATES IT, YOUR  AGENT  MAY  EXERCISE  THE  POWERS
13    GIVEN  HERE  THROUGHOUT  YOUR LIFETIME, EVEN AFTER YOU BECOME
14    DISABLED.  THE POWERS YOU GIVE  YOUR  AGENT,  YOUR  RIGHT  TO
15    REVOKE  THOSE  POWERS AND THE PENALTIES FOR VIOLATING THE LAW
16    ARE EXPLAINED MORE  FULLY  IN  SECTIONS  4-5,  4-6,  4-9  AND
17    4-10(b)  OF  THE ILLINOIS "POWERS OF ATTORNEY FOR HEALTH CARE
18    LAW" OF WHICH THIS FORM IS A  PART  (SEE  THE  BACK  OF  THIS
19    FORM).   THAT  LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT
20    FORM OF POWER OF  ATTORNEY  YOU  MAY  DESIRE.   IF  THERE  IS
21    ANYTHING  ABOUT  THIS  FORM  THAT  YOU DO NOT UNDERSTAND, YOU
22    SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
23        POWER OF ATTORNEY made this .......................day of
24    ................................
25        (month)  (year)
26        1.  I, ..................................................,
27                  (insert name and address of principal)
28    hereby appoint:
29    ............................................................
30              (insert name and address of agent)
31    as my attorney-in-fact (my "agent") to act for me and  in  my
32    name  (in  any way I could act in person) to make any and all
33    decisions  for  me  concerning  my  personal  care,   medical
34    treatment,  hospitalization  and  health care and to require,
 
SB1412 Engrossed            -38-     LRB093 10132 LCB 10385 b
 1    withhold  or  withdraw  any  type  of  medical  treatment  or
 2    procedure, even though my death may ensue.   My  agent  shall
 3    have  the  same  access  to  my  medical records that I have,
 4    including the right to disclose the contents to  others.   My
 5    agent  shall also have full power to authorize an autopsy and
 6    direct the disposition  of  my  remains.  Effective  upon  my
 7    death, my agent has the full power to make an anatomical gift
 8    of the following (initial one):
 9             ....Any   organs,  tissues,  or  eyes  suitable  for
10        transplantation or used for research or education organ.
11             ....Specific organs:................................
12    (THE ABOVE GRANT OF POWER IS  INTENDED  TO  BE  AS  BROAD  AS
13    POSSIBLE  SO  THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY
14    DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE  ANY  TYPE  OF
15    HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER
16    LIFE-SUSTAINING  MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION
17    WOULD BE CONSISTENT WITH YOUR INTENT  AND  DESIRES.   IF  YOU
18    WISH  TO  LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE
19    SPECIAL RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL  GIFT,
20    AUTHORIZE AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE
21    FOLLOWING PARAGRAPHS.)
22        2.  The  powers  granted  above  shall  not  include  the
23    following  powers  or shall be subject to the following rules
24    or limitations (here you may include any specific limitations
25    you deem appropriate, such as:  your own definition  of  when
26    life-sustaining  measures  should be withheld; a direction to
27    continue food and fluids or life-sustaining treatment in  all
28    events;  or  instructions  to  refuse  any  specific types of
29    treatment that are inconsistent with your  religious  beliefs
30    or  unacceptable  to  you for any other reason, such as blood
31    transfusion,    electro-convulsive    therapy,    amputation,
32    psychosurgery, voluntary admission to a  mental  institution,
33    etc.):
34    .............................................................
 
SB1412 Engrossed            -39-     LRB093 10132 LCB 10385 b
 1    .............................................................
 2    .............................................................
 3    .............................................................
 4    .............................................................
 5    (THE  SUBJECT  OF  LIFE-SUSTAINING TREATMENT IS OF PARTICULAR
 6    IMPORTANCE.   FOR  YOUR  CONVENIENCE  IN  DEALING  WITH  THAT
 7    SUBJECT, SOME GENERAL STATEMENTS CONCERNING  THE  WITHHOLDING
 8    OR  REMOVAL OF LIFE-SUSTAINING TREATMENT ARE SET FORTH BELOW.
 9    IF YOU AGREE WITH ONE OF THESE STATEMENTS,  YOU  MAY  INITIAL
10    THAT STATEMENT; BUT DO NOT INITIAL MORE THAN ONE):
11        I  do  not  want  my  life  to be prolonged nor do I want
12    life-sustaining treatment to be provided or continued  if  my
13    agent  believes  the  burdens  of  the treatment outweigh the
14    expected benefits.  I want my agent to consider the relief of
15    suffering, the expense involved and the quality  as  well  as
16    the  possible  extension  of  my  life  in  making  decisions
17    concerning life-sustaining treatment.
18                             Initialed...........................
19        I want my life to be prolonged and I want life-sustaining
20    treatment  to  be provided or continued unless I am in a coma
21    which my attending physician believes to be irreversible,  in
22    accordance  with  reasonable medical standards at the time of
23    reference.  If and when I have suffered irreversible coma,  I
24    want    life-sustaining   treatment   to   be   withheld   or
25    discontinued.
26                             Initialed...........................
27        I want my life to be prolonged  to  the  greatest  extent
28    possible  without  regard to my condition, the chances I have
29    for recovery or the cost of the procedures.
30                             Initialed...........................
31    (THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY  YOU  IN
32    THE MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF
33    ATTORNEY  FOR  HEALTH  CARE LAW" (SEE THE BACK OF THIS FORM).
34    ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS
 
SB1412 Engrossed            -40-     LRB093 10132 LCB 10385 b
 1    POWER OF ATTORNEY WILL BECOME  EFFECTIVE  AT  THE  TIME  THIS
 2    POWER  IS  SIGNED  AND  WILL  CONTINUE  UNTIL YOUR DEATH, AND
 3    BEYOND IF ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF  REMAINS
 4    IS  AUTHORIZED,  UNLESS A LIMITATION ON THE BEGINNING DATE OR
 5    DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR  BOTH
 6    OF THE FOLLOWING:)
 7        3.  (  ) This power of attorney shall become effective on
 8    .............................................................
 9    .............................................................
10    (insert  a future date or event during your lifetime, such as
11    court determination of your disability, when  you  want  this
12    power to first take effect)
13        4.  (  ) This power of attorney shall terminate on ......
14    .............................................................
15    (insert  a  future date or event, such as court determination
16    of your disability, when you want  this  power  to  terminate
17    prior to your death)
18    (IF  YOU  WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND
19    ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
20        5.  If  any  agent  named  by  me   shall   die,   become
21    incompetent,  resign, refuse to accept the office of agent or
22    be unavailable, I name the following (each to act  alone  and
23    successively,  in  the  order  named)  as  successors to such
24    agent:
25    .............................................................
26    .............................................................
27    For  purposes  of  this  paragraph  5,  a  person  shall   be
28    considered  to  be  incompetent  if and while the person is a
29    minor or an adjudicated incompetent or disabled person or the
30    person is unable to give prompt and intelligent consideration
31    to health care matters, as certified by a licensed physician.
32    (IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF  YOUR  PERSON,
33    IN  THE  EVENT  A COURT DECIDES THAT ONE SHOULD BE APPOINTED,
34    YOU MAY, BUT ARE NOT REQUIRED TO,  DO  SO  BY  RETAINING  THE
 
SB1412 Engrossed            -41-     LRB093 10132 LCB 10385 b
 1    FOLLOWING  PARAGRAPH.   THE  COURT WILL APPOINT YOUR AGENT IF
 2    THE COURT FINDS THAT SUCH APPOINTMENT WILL  SERVE  YOUR  BEST
 3    INTERESTS  AND WELFARE.  STRIKE OUT PARAGRAPH 6 IF YOU DO NOT
 4    WANT YOUR AGENT TO ACT AS GUARDIAN.)
 5        6.  If a guardian of my person  is  to  be  appointed,  I
 6    nominate  the  agent  acting  under this power of attorney as
 7    such guardian, to serve without bond or security.
 8        7.  I am fully informed as to all the  contents  of  this
 9    form  and  understand the full import of this grant of powers
10    to my agent.
11                             Signed..............................
12                                                (principal)
13        The principal has had an opportunity to  read  the  above
14    form  and  has  signed  the  form  or acknowledged his or her
15    signature or mark on the form in my presence.
16    ..........................  Residing at.......................
17            (witness)
18    (YOU MAY, BUT ARE NOT REQUIRED TO,  REQUEST  YOUR  AGENT  AND
19    SUCCESSOR  AGENTS  TO  PROVIDE SPECIMEN SIGNATURES BELOW.  IF
20    YOU INCLUDE SPECIMEN SIGNATURES IN THIS  POWER  OF  ATTORNEY,
21    YOU  MUST  COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES
22    OF THE AGENTS.)
23    Specimen signatures of     I certify that the signatures of my
24    agent (and successors).    agent (and successors) are correct.
25    ..........................   .................................
26           (agent)                      (principal)
27    ..........................   .................................
28         (successor agent)              (principal)
29    ..........................   .................................
30          (successor agent)             (principal)"
31        (b)  The statutory  short  form  power  of  attorney  for
32    health  care  (the  "statutory health care power") authorizes
33    the agent to make any and all health care decisions on behalf
34    of the principal which the principal could  make  if  present
 
SB1412 Engrossed            -42-     LRB093 10132 LCB 10385 b
 1    and  under  no  disability, subject to any limitations on the
 2    granted powers that appear on the face of  the  form,  to  be
 3    exercised  in  such manner as the agent deems consistent with
 4    the intent and desires of the principal.  The agent  will  be
 5    under no duty to exercise granted powers or to assume control
 6    of  or  responsibility  for the  principal's health care; but
 7    when granted powers are exercised, the agent will be required
 8    to use due care to act for the benefit of  the  principal  in
 9    accordance  with the terms of the statutory health care power
10    and will be liable for negligent exercise.    The  agent  may
11    act  in  person  or through others reasonably employed by the
12    agent for that purpose but may not delegate authority to make
13    health care decisions.  The agent may sign  and  deliver  all
14    instruments,  negotiate  and enter into all agreements and do
15    all other acts reasonably necessary to implement the exercise
16    of the powers granted to the  agent.   Without  limiting  the
17    generality  of the foregoing, the statutory health care power
18    shall  include  the  following   powers,   subject   to   any
19    limitations appearing on the face of the form:
20        (1)  The  agent  is  authorized  to  give  consent to and
21    authorize or refuse, or to withhold or withdraw  consent  to,
22    any  and  all  types of medical care, treatment or procedures
23    relating to the physical or mental health of  the  principal,
24    including   any   medication  program,  surgical  procedures,
25    life-sustaining treatment or provision of food and fluids for
26    the principal.
27        (2)  The agent is authorized to admit the principal to or
28    discharge the principal from any and all types of  hospitals,
29    institutions,   homes,  residential  or  nursing  facilities,
30    treatment  centers  and  other   health   care   institutions
31    providing personal care or treatment for any type of physical
32    or  mental condition.  The agent shall have the same right to
33    visit the principal in the hospital or other  institution  as
34    is  granted  to a spouse or adult child of the principal, any
 
SB1412 Engrossed            -43-     LRB093 10132 LCB 10385 b
 1    rule of the institution to the contrary notwithstanding.
 2        (3)  The agent is authorized to contract for any and  all
 3    types  of  health care services and facilities in the name of
 4    and on behalf of the principal and to bind the  principal  to
 5    pay  for  all  such  services and facilities, and to have and
 6    exercise those powers over the principal's  property  as  are
 7    authorized  under the statutory property power, to the extent
 8    the agent deems necessary to pay health care costs;  and  the
 9    agent shall not be personally liable for any services or care
10    contracted for on behalf of the principal.
11        (4)  At the principal's expense and subject to reasonable
12    rules  of  the  health care provider to prevent disruption of
13    the principal's health care, the agent shall  have  the  same
14    right  the  principal  has to examine and copy and consent to
15    disclosure of all the principal's medical  records  that  the
16    agent  deems  relevant to the exercise of the agent's powers,
17    whether the records relate to  mental  health  or  any  other
18    medical  condition  and whether they are in the possession of
19    or maintained by any physician,  psychiatrist,  psychologist,
20    therapist,  hospital,  nursing  home  or  other  health  care
21    provider.
22        (5)  The  agent  is authorized: to direct that an autopsy
23    be made pursuant to Section 2  of  "An  Act  in  relation  to
24    autopsy  of dead bodies", approved August 13, 1965, including
25    all amendments; to make a disposition of any part or  all  of
26    the   principal's  body  pursuant  to  the  Illinois  Uniform
27    Anatomical Gift Act, as now  or  hereafter  amended;  and  to
28    direct the disposition of the principal's remains.
29    (Source: P.A. 91-240, eff. 1-1-00.)

30        Section  50.   The Uniform Anatomical Gift Act is amended
31    by changing and renumbering Sections 1, 2, 3, 4, 4.5,  5,  6,
32    7,  8,  and 8.1 and by adding Article headings for Articles 1
33    and 5 and adding Sections 1-5, 5-25, and 5-30 as follows:
 
SB1412 Engrossed            -44-     LRB093 10132 LCB 10385 b
 1        (755 ILCS 50/Art. 1 heading new)
 2        Article 1.  Title and General Provisions.

 3        (755 ILCS 50/1-1 new) (was 755 ILCS 50/1)
 4        Sec. 1-1 1. Short Title.
 5        This Act may be cited as the Illinois Uniform  Anatomical
 6    Gift Act.
 7    (Source: P.A. 76-1209.)

 8        (755 ILCS 50/1-5 new)
 9        Sec.  1-5.  Purpose.  Illinois recognizes that there is a
10    critical shortage of human organs and  tissues  available  to
11    citizens  in  need  of  organ  and  tissue  transplants. This
12    shortage leads to the  untimely  death  of  many  adults  and
13    children  in  Illinois  and across the nation each year. This
14    Act is intended to implement the public policy of encouraging
15    timely donation of human organs and tissue  in  Illinois  and
16    facilitating  transplants  of  those  organs  and tissue into
17    patients in need of them. Through this Act, laws relating  to
18    organ   and   tissue   donation   and   transplantation   are
19    consolidated  and modified for the purpose of furthering this
20    public policy.

21        (755 ILCS 50/1-10 new) (was 755 ILCS 50/2)
22        Sec. 1-10 2.  Definitions.)(a)
23        "Bank or storage facility"  means  a  facility  licensed,
24    accredited  or  approved  under  the  laws  of  any state for
25    storage of human bodies or parts thereof.
26        "Close friend" means any person 18 years of age or  older
27    who  has  exhibited special care and concern for the decedent
28    and who presents an affidavit  to  the  decedent's  attending
29    physician,  or  the  hospital  administrator  or  his  or her
30    designated representative, stating that he or she (i)  was  a
31    close  friend  of  the  decedent, (ii) is willing and able to
 
SB1412 Engrossed            -45-     LRB093 10132 LCB 10385 b
 1    consent to the donation, and (iii)  maintained  such  regular
 2    contact  with  the  decedent  as  to  be  familiar  with  the
 3    decedent's health and social history, and religious and moral
 4    beliefs.   The   affidavit   must   also   state   facts  and
 5    circumstances that demonstrate that familiarity.
 6        (b)  "Death" means for  the  purposes  of  the  Act,  the
 7    irreversible  cessation of total brain function, according to
 8    usual and customary standards of medical practice.
 9        (c)  "Decedent" means a deceased individual and  includes
10    a stillborn infant or fetus.
11        (d)  "Donor"  means an individual who makes a gift of all
12    or parts of his body.
13        "Federally designated organ procurement agency" means the
14    organ procurement agency designated by the Secretary  of  the
15    U.S.  Department of Health and Human Services for the service
16    area in which a hospital is located, or the organ procurement
17    agency for which the  U.S.  Secretary  of  Health  and  Human
18    Services  has  granted  the  hospital a waiver pursuant to 42
19    U.S.C. 1320b-8(a).
20        (e)  "Hospital" means a hospital licensed, accredited  or
21    approved under the laws of any state; and includes a hospital
22    operated  by  the  United  States  government,  a state, or a
23    subdivision thereof, although not  required  to  be  licensed
24    under state laws.
25        "Not  available"  for  the  giving  of consent or refusal
26    means:
27        (1) the  existence  of  the  person  is  unknown  to  the
28    hospital administrator or designee, organ procurement agency,
29    or  tissue  bank and is not readily ascertainable through the
30    examination  of  the  decedent's  hospital  records  and  the
31    questioning of any  persons  who  are  available  for  giving
32    consent;
33        (2)  the  administrator  or  designee,  organ procurement
34    agency,  or  tissue  bank  has  unsuccessfully  attempted  to
 
SB1412 Engrossed            -46-     LRB093 10132 LCB 10385 b
 1    contact the person by telephone or in  any  other  reasonable
 2    manner; or
 3        (3)  the  person  is  unable or unwilling to respond in a
 4    manner that indicates the person's refusal or consent.
 5        "Organ"  means  a  human  kidney,  liver,  heart,   lung,
 6    pancreas,  small bowel, or other transplantable vascular body
 7    part   as   determined   by   the   Organ   Procurement   and
 8    Transplantation Network, as periodically selected by the U.S.
 9    Department of Health and Human Services.
10        "Tissue" means eyes, bones, heart  valves,  veins,  skin,
11    and any other portions of a human body excluding blood, blood
12    products or organs.
13        (f)  "Part" means organs, tissues, eyes, bones, arteries,
14    blood, other fluids and any other portions of a human body.
15        (g)  "Person"    means    an   individual,   corporation,
16    government or governmental subdivision  or  agency,  business
17    trust, estate, trust, partnership or association or any other
18    legal entity.
19        (h)  "Physician"   or  "surgeon"  means  a  physician  or
20    surgeon licensed or authorized to practice medicine in all of
21    its branches under the laws of any state.
22        (i)  "State" includes any state, district,  commonwealth,
23    territory,  insular possession, and any other area subject to
24    the legislative authority of the United States of America.
25        (j)  "Technician"  means  an   individual   trained   and
26    certified  to remove tissue, by a recognized medical training
27    institution in the State of Illinois.
28        "Tissue bank" means any facility or program operating  in
29    Illinois  that  is  certified  by the American Association of
30    Tissue Banks, the Eye Bank Association  of  America,  or  the
31    Association   of   Organ  Procurement  Organizations  and  is
32    involved in procuring, furnishing, donating, or  distributing
33    corneas,  bones,  or  other  human  tissue for the purpose of
34    injecting, transfusing, or transplanting any of them into the
 
SB1412 Engrossed            -47-     LRB093 10132 LCB 10385 b
 1    human body. "Tissue bank" does not include a  licensed  blood
 2    bank. For the purposes of this Act, "tissue" does not include
 3    organs or blood or blood products.
 4    (Source: P.A. 79-952.)

 5        (755 ILCS 50/Art. 5/heading new)
 6        Article 5.  Organ Donation.

 7        (755 ILCS 50/5-5 new) (was 755 ILCS 50/3)
 8        Sec. 5-5 3. Persons who may execute an anatomical gift.
 9        (a)  Any  individual  of  sound mind who has attained the
10    age of 18 may give all or any part of his or her body for any
11    purpose specified in Section 5-10 4.   Such  a  gift  may  be
12    executed  in  any  of the ways set out in Section 5-20 5, and
13    shall take effect upon the  individual's  death  without  the
14    need  to  obtain  the consent of any survivor.  An anatomical
15    gift made by an agent of an individual, as authorized by  the
16    individual  under the Powers of Attorney for Health Care Law,
17    as now or hereafter amended, is deemed to be a gift  by  that
18    individual  and  takes  effect without the need to obtain the
19    consent of any other person.
20        (b)  If no gift has been executed under  subsection  (a),
21    any of the following persons, in the order of priority stated
22    in  items  (1)  through (11) (9) below, when persons in prior
23    classes are not  available  for  the  giving  of  consent  or
24    refusal  and  in the absence of (i) actual notice of contrary
25    intentions  by  the  decedent  and  (ii)  actual  notice   of
26    opposition  by any member within the same priority class, may
27    consent to give all or any part of the decedent's body  after
28    or  immediately  before  death  to  a person who may become a
29    donee for any purpose specified in Section 5-10 4:
30             (1)  an individual acting as  the  decedent's  agent
31        under  a power of attorney for health care which provides
32        specific direction regarding organ donation,
 
SB1412 Engrossed            -48-     LRB093 10132 LCB 10385 b
 1             (2)  the   decedent's   surrogate   decision   maker
 2        identified by the attending physician in accordance  with
 3        the Health Care Surrogate Act,
 4             (3)  the  guardian  of  the decedent's person at the
 5        time of death,
 6             (4) (2)  the decedent's spouse,
 7             (5)  (3)  any  of  the  decedent's  adult  sons   or
 8        daughters,
 9             (6) (4)  either of the decedent's parents,
10             (7)  (5)  any  of  the  decedent's adult brothers or
11        sisters,
12             (8) (6)  any adult grandchild of the decedent,
13             (9)  a close friend of the decedent,
14             (10) (7)  the guardian of the decedent's estate,
15             (8)  the decedent's surrogate decision  maker  under
16        the Health Care Surrogate Act,
17             (11) (9)  any other person authorized or under legal
18        obligation to dispose of the body.
19        If  the donee has actual notice of opposition to the gift
20    by the decedent or any person in the highest  priority  class
21    in  which  an  available person can be found, then no gift of
22    all or any part of the decedent's body shall be accepted.
23        (c)  For the purposes of this Act, a person will  not  be
24    considered  "available"  for the giving of consent or refusal
25    if:
26             (1)  the existence of the person is unknown  to  the
27        donee  and  is  not  readily  ascertainable  through  the
28        examination  of  the  decedent's hospital records and the
29        questioning of any persons who are available  for  giving
30        consent;
31             (2)  the   donee  has  unsuccessfully  attempted  to
32        contact  the  person  by  telephone  or  in   any   other
33        reasonable manner;
34             (3)  the person is unable or unwilling to respond in
 
SB1412 Engrossed            -49-     LRB093 10132 LCB 10385 b
 1        a manner which indicates the person's refusal or consent.
 2        (c)  (d)  A  gift of all or part of a body authorizes any
 3    examination necessary to assure medical acceptability of  the
 4    gift for the purposes intended.
 5        (d)  (e)  The rights of the donee created by the gift are
 6    paramount to the rights  of  others  except  as  provided  by
 7    Section 5-45 8(d).
 8        (e) (f)  If no gift has been executed under this Section,
 9    then  no  part  of  the  decedent's  body may be used for any
10    purpose specified in Section 5-10 4 of this  Act,  except  in
11    accordance with the Organ Donation Request Act or the Corneal
12    Transplant Act.
13    (Source: P.A. 92-349, eff. 1-1-02.)

14        (755 ILCS 50/5-10 new) (was 755 ILCS 50/4)
15        Sec.  5-10 4. Persons Who May Become Donees; Purposes for
16    Which Anatomical Gifts May be Made.
17        The following persons  may  become  donees  of  gifts  of
18    bodies or parts thereof for the purposes stated:
19        (1)  any  hospital, surgeon, or physician, for medical or
20    dental education, research, advancement of medical or  dental
21    science, therapy, or transplantation; or
22        (2)  any  accredited  medical,  chiropractic, mortuary or
23    dental school, college or university for education, research,
24    advancement of medical or dental science, or therapy; or
25        (3)  any bank or storage facility, for medical or  dental
26    education,   research,   advancement  of  medical  or  dental
27    science, therapy, or transplantation; or
28        (4)  any federally designated organ procurement agency or
29    tissue bank,  for  medical  or  dental  education,  research,
30    advancement   of  medical  or  dental  science,  therapy,  or
31    transplantation; or
32        (5)  (4)  any  specified  individual   for   therapy   or
33    transplantation  needed  by  him  or  her,  or  for any other
 
SB1412 Engrossed            -50-     LRB093 10132 LCB 10385 b
 1    purpose.
 2    (Source: P.A. 76-1209.)

 3        (755 ILCS 50/5-15 new) (was 755 ILCS 50/4.5)
 4        Sec. 5-15 4.5.  Disability of recipient.
 5        (a)  No hospital, physician and surgeon, bank or  storage
 6    facility,  or  other  person  shall  determine  the  ultimate
 7    recipient  of  an  anatomical  gift  based  upon  a potential
 8    recipient's physical or  mental  disability,  except  to  the
 9    extent  that the physical or mental disability has been found
10    by  a  physician  and  surgeon,  following   a   case-by-case
11    evaluation  of  the  potential  recipient,  to  be  medically
12    significant to the provision of the anatomical  gift.
13        (b)  Subsection (a) shall apply to each part of the organ
14    transplant process.
15        (c)  The  court shall accord priority on its calendar and
16    handle expeditiously any action brought to  seek  any  remedy
17    authorized  by  law for purposes of enforcing compliance with
18    this Section.
19        (d)  This  Section  shall  not  be  deemed   to   require
20    referrals  or  recommendations  for  or  the  performance  of
21    medically inappropriate organ transplants.
22        (e)  As  used  in  this Section "disability" has the same
23    meaning as in the federal Americans with Disabilities Act  of
24    1990  (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
25    amended from time to time.
26    (Source: P.A. 91-345, eff. 1-1-00.)

27        (755 ILCS 50/5-20 new) (was 755 ILCS 50/5)
28        Sec. 5-20 5. Manner of Executing Anatomical Gifts. (a)  A
29    gift  of  all or part of the body under Section 5-5 3 (a) may
30    be made by will. The gift becomes effective upon the death of
31    the testator without waiting for probate. If the will is  not
32    probated,  or  if  it  is  declared  invalid for testamentary
 
SB1412 Engrossed            -51-     LRB093 10132 LCB 10385 b
 1    purposes, the gift, to the extent that it has been acted upon
 2    in good faith, is nevertheless valid and effective.
 3        (b)  A gift of all or part of the body under Section  5-5
 4    3  (a)  may  also be made by a written, signed document other
 5    than a will. The gift becomes effective upon the death of the
 6    donor. The document, which may be a card or a valid  driver's
 7    license  designed to be carried on the person, must be signed
 8    by the donor in the presence of 2 witnesses who must sign the
 9    document in his presence and who thereby certify that he  was
10    of  sound  mind  and memory and free from any undue influence
11    and knows the objects of his bounty  and  affection.  Such  a
12    gift may also be made by properly executing the form provided
13    by  the Secretary of State on the reverse side of the donor's
14    driver's license pursuant to subsection (b) of Section  6-110
15    of  The  Illinois  Vehicle  Code. Delivery of the document of
16    gift during the donor's lifetime is not necessary to make the
17    gift valid.
18        (c)  The gift may be made to a specified donee or without
19    specifying a donee. If the latter, the gift may  be  accepted
20    by  the attending physician as donee upon or following death.
21    If the gift is made to a specified donee who is not available
22    at the time and place of death, then if made for the  purpose
23    of  transplantation,  it  shall  be effectuated in accordance
24    with Section 5-25, and if made  for  any  other  purpose  the
25    attending  physician  upon or following death, in the absence
26    of any expressed indication that the donor desired otherwise,
27    may accept the gift as donee. The  physician  who  becomes  a
28    donee  under  this  subsection  shall  not participate either
29    physically or financially in the procedures for  removing  or
30    transplanting a part.
31        (d)  Notwithstanding  Section  5-45  8 (b), the donor may
32    designate in his will, card, or other document  of  gift  the
33    surgeon or physician to carry out the appropriate procedures.
34    In  the  absence  of  a designation or if the designee is not
 
SB1412 Engrossed            -52-     LRB093 10132 LCB 10385 b
 1    available, the donee or other person authorized to accept the
 2    gift may employ or authorize any surgeon or physician for the
 3    purpose.
 4        (e)  Any gift by a person designated in Section 5-5 3 (b)
 5    shall be made by a document signed by  him  or  made  by  his
 6    telegraphic, recorded telephonic, or other recorded message.
 7    (Source: P.A. 85-192.)

 8        (755 ILCS 50/5-25 new)
 9        Sec. 5-25.   Notification; consent.
10        (a)  When,   based   upon   generally   accepted  medical
11    standards, an inpatient in a general acute care hospital with
12    more than 100 beds is  a  suitable  candidate  for  organ  or
13    tissue  donation  and  the patient has not made an anatomical
14    gift of all or any part  of  his  or  her  body  pursuant  to
15    Section  5-20  of  this  Act,  the  hospital shall proceed in
16    accordance  with  the  requirements  of  42  CFR  45  or  any
17    successor provisions of federal statute or regulation, as may
18    be amended from time  to  time,  and  the  written  agreement
19    between  the  hospital  and  the applicable organ procurement
20    agency executed thereunder.
21        (b)  In making a request for organ  or  tissue  donation,
22    the  hospital  or  the  hospital's federally designated organ
23    procurement agency or tissue bank shall request  any  of  the
24    following  persons,  in the order of priority stated in items
25    (1) through (11) below, when persons in prior classes are not
26    available and in the absence of (i) actual notice of contrary
27    intentions by the decedent, (ii) actual notice of  opposition
28    by  any  member  within  the  same  priority class, and (iii)
29    reason to believe that an anatomical gift is contrary to  the
30    decedent's  religious  beliefs, to consent to the gift of all
31    or any part of the decedent's body for any purpose  specified
32    in Section 5-10 of this Act:
33             (1)  an  individual  acting  as the decedent's agent
 
SB1412 Engrossed            -53-     LRB093 10132 LCB 10385 b
 1        under a power of attorney for health care;
 2             (2)  the   decedent's   surrogate   decision   maker
 3        identified by the attending physician in accordance  with
 4        the Health Care Surrogate Act;
 5             (3)  the  guardian  of  the decedent's person at the
 6        time of death;
 7             (4)  the decedent's spouse;
 8             (5)  any of the decedent's adult sons or daughters;
 9             (6)  either of the decedent's parents;
10             (7)  any  of  the  decedent's  adult   brothers   or
11        sisters;
12             (8)  any adult grandchild of the decedent;
13             (9)  a close friend of the decedent;
14             (10)  the guardian of the decedent's estate; or
15             (11)  any  other  person  authorized  or under legal
16        obligation to dispose of the body.
17        (c)  If  (1)   the   hospital,   the   applicable   organ
18    procurement  agency,  or the tissue bank has actual notice of
19    opposition to the gift by the decedent or any person  in  the
20    highest  priority  class  in which an available person can be
21    found, or (2) there is reason to believe that  an  anatomical
22    gift  is contrary to the decedent's religious beliefs, or (3)
23    the Director of Public Health has adopted a  rule  signifying
24    his or her determination that the need for organs and tissues
25    for donation has been adequately met, then the gift of all or
26    any  part of the decedent's body shall not be requested. If a
27    donation is requested, consent or  refusal  may  be  obtained
28    only from the person or persons in the highest priority class
29    available.  If  the  hospital  administrator,  or  his or her
30    designated representative, the designated  organ  procurement
31    agency,  or  the tissue bank is unable to obtain consent from
32    any of the  persons  named  in  items  (1)  through  (11)  of
33    subsection (b) of this Section, the decedent's body shall not
34    be used for an anatomical gift unless a valid anatomical gift
 
SB1412 Engrossed            -54-     LRB093 10132 LCB 10385 b
 1    document was executed under this Act.
 2        (d)  When   there  is  a  suitable  candidate  for  organ
 3    donation, as described in subsection (a), or  if  consent  to
 4    remove  organs  and  tissues  is  granted, the hospital shall
 5    notify the applicable federally designated organ  procurement
 6    agency.  The  federally  designated  organ procurement agency
 7    shall notify any tissue bank specified by the hospital of the
 8    suitable candidate for tissue donation. The organ procurement
 9    agency shall collaborate with all tissue banks in Illinois to
10    maximize tissue procurement in a timely manner.

11        (755 ILCS 50/5-30 new)
12        Sec. 5-30.  Corneal Transplants.
13        (a)  Upon request by a  physician  licensed  to  practice
14    medicine  in all its branches, or by an eye bank certified by
15    the Eye Bank Association of  America,  and  approved  by  the
16    coroner  or  county  medical examiner, in any case in which a
17    patient is in need of corneal  tissue  for  a  transplant,  a
18    coroner or county medical examiner who orders the performance
19    of  an  autopsy  may  provide  corneal  tissue  of a decedent
20    whenever all of the following conditions are met:
21             (1)  The decedent from whom the tissue is  taken  is
22        under  the  jurisdiction of the coroner or county medical
23        examiner.
24             (2)  There has been  a  reasonable  and  good  faith
25        effort  by  the coroner or county medical examiner or any
26        authorized individual acting for the  coroner  or  county
27        medical  examiner to contact an appropriate person as set
28        forth in subsection (b) of this Section.
29             (3)  No objection by  the  decedent  or,  after  the
30        decedent's  death,  by an appropriate person as set forth
31        in subsection (b) of this Section is known to the coroner
32        or  county  medical  examiner  or  authorized  individual
33        acting for the coroner or county medical  examiner  prior
 
SB1412 Engrossed            -55-     LRB093 10132 LCB 10385 b
 1        to removal of the corneal tissue.
 2             (4)  The  person  designated to remove the tissue is
 3        qualified to do so under this Act.
 4             (5)  Removal of the tissue will not  interfere  with
 5        the subsequent course of an investigation or autopsy.
 6             (6)  The  individual  when living did not make known
 7        in writing his or her objection on religious  grounds  to
 8        the removal of his or her corneal tissue.
 9        (b)  Objection  to  the  removal of corneal tissue may be
10    made known to the  coroner  or  county  medical  examiner  or
11    authorized  individual  acting  for  the  coroner  or  county
12    medical examiner by the individual during his or her lifetime
13    or by the following persons, in the order of priority stated,
14    after the decedent's death:
15             (1)  an  individual  acting  as the decedent's agent
16        under a power of attorney for health care;
17             (2)  the   decedent's   surrogate   decision   maker
18        identified by the attending physician in accordance  with
19        the Health Care Surrogate Act;
20             (3)  the  guardian  of  the decedent's person at the
21        time of death;
22             (4)  the decedent's spouse;
23             (5)  any of the decedent's adult sons or daughters;
24             (6)  either of the decedent's parents;
25             (7)  any  of  the  decedent's  adult   brothers   or
26        sisters;
27             (8)  any adult grandchild of the decedent;
28             (9)  a close friend of the decedent;
29             (10)  the guardian of the decedent's estate; or
30             (11)  any  other  person  authorized  or under legal
31        obligation to dispose of the body.
32        (c)  If the coroner or county  medical  examiner  or  any
33    authorized  individual  acting  for  the  coroner  or  county
34    medical   examiner   has   actual   notice  of  any  contrary
 
SB1412 Engrossed            -56-     LRB093 10132 LCB 10385 b
 1    indications by the decedent or actual notice that any  member
 2    within the same class specified in subsection (b), paragraphs
 3    (1)  through  (11),  of  this  Section,  in the same order of
 4    priority, objects to  the  removal,  the  coroner  or  county
 5    medical  examiner  shall  not  approve the removal of corneal
 6    tissue.
 7        (d)  The  coroner  or  county  medical  examiner  or  any
 8    authorized  individual  acting  for  the  coroner  or  county
 9    medical examiner authorizing the removal of  corneal  tissue,
10    or  the  persons or organizations listed in subsection (a) of
11    this Section, shall not be liable in any  civil  or  criminal
12    action  for removing corneal tissue from a decedent and using
13    the same for transplant purposes if there has been compliance
14    with the provisions of this Section.

15        (755 ILCS 50/5-35 new) (was 755 ILCS 50/6)
16        Sec. 5-35 6. Delivery of Document of Gift.
17        If the gift is made by the donor to  a  specified  donee,
18    the  will,  card,  or  other  document,  or  an executed copy
19    thereof, may be  delivered  to  the  donee  to  expedite  the
20    appropriate  procedures  immediately after death. Delivery is
21    not necessary to the validity of the gift. The will, card, or
22    other document, or an executed copy thereof, may be deposited
23    in any hospital, bank or storage facility, or registry office
24    that accepts  it  for  safekeeping  or  for  facilitation  of
25    procedures  after  death.  On request of any interested party
26    upon or after the donor's death,  the  person  in  possession
27    shall produce the document for examination.
28    (Source: P.A. 76-1209.)

29        (755 ILCS 50/5-40 new) (was 755 ILCS 50/7)
30        Sec. 5-40 7. Amendment or Revocation of the Gift.
31        (a)  If  the  will,  card,  or other document or executed
32    copy thereof, has been delivered to a  specified  donee,  the
 
SB1412 Engrossed            -57-     LRB093 10132 LCB 10385 b
 1    donor may amend or revoke the gift by:
 2             (1)  the  execution  and  delivery to the donee of a
 3        signed statement witnessed and certified as  provided  in
 4        Section 5-20 5 (b); or
 5             (2)  a  signed card or document found on his person,
 6        or in his effects, executed at a date subsequent  to  the
 7        date  the  original  gift  was  made  and  witnessed  and
 8        certified as provided in Section 5-20 5 (b).
 9        (b)  Any document of gift which has not been delivered to
10    the  donee  may be revoked by the donor in the manner set out
11    in subsection (a).
12        (c)  Any gift made by a  will  may  also  be  amended  or
13    revoked in the manner provided for amendment or revocation of
14    wills or as provided in subsection (a).
15    (Source: P.A. 87-895.)

16        (755 ILCS 50/5-45 new) (was 755 ILCS 50/8)
17        Sec.  5-45  8. Rights and Duties at Death. (a)  The donee
18    may accept or reject the gift. If the donee accepts a gift of
19    the entire body, he may, subject to the terms  of  the  gift,
20    authorize  embalming  and  the  use  of  the  body in funeral
21    services, unless a person named in subsection (b) of  Section
22    5-5  3  has  requested, prior to the final disposition by the
23    donee, that the remains of said body be returned  to  his  or
24    her  custody  for  the  purpose  of  final disposition.  Such
25    request shall be honored by the donee if  the  terms  of  the
26    gift  are  silent  on how final disposition is to take place.
27    If the gift is of a part of the body, the donee or technician
28    designated by him upon the death of the donor  and  prior  to
29    embalming,  shall  cause  the  part  to  be  removed  without
30    unnecessary mutilation and without undue delay in the release
31    of  the  body  for  the  purposes of final disposition. After
32    removal of the part, custody of the  remainder  of  the  body
33    vests  in the surviving spouse, next of kin, or other persons
 
SB1412 Engrossed            -58-     LRB093 10132 LCB 10385 b
 1    under obligation to dispose of the  body,  in  the  order  or
 2    priority  listed  in  subsection (b) of Section 5-5 3 of this
 3    Act.
 4        (b)  The time of death shall be determined by a physician
 5    who attends  the  donor  at  his  death,  or,  if  none,  the
 6    physician  who  certifies  the death. The physician shall not
 7    participate in the procedures for removing or transplanting a
 8    part.
 9        (c)  A person who acts in good faith in accord  with  the
10    terms  of  this  Act and the AIDS Confidentiality Act, or the
11    anatomical gift laws of another state or a  foreign  country,
12    is  not  liable for damages in any civil action or subject to
13    prosecution in any  criminal  proceeding  for  his  act.  Any
14    person  that  participates in good faith and according to the
15    usual and customary standards  of  medical  practice  in  the
16    removal  or  transplantation of any part of a decedent's body
17    pursuant to an anatomical gift made  by  the  decedent  under
18    Section  5-20 5 of this Act or pursuant to an anatomical gift
19    made by an individual as  authorized  by  subsection  (b)  of
20    Section 5-5 3 of this Act shall have immunity from liability,
21    civil, criminal, or otherwise, that might result by reason of
22    such  actions.   For the purpose of any proceedings, civil or
23    criminal,  the  validity  of  an  anatomical  gift   executed
24    pursuant  to Section 5-20 5 of this Act shall be presumed and
25    the good faith of any person participating in the removal  or
26    transplantation  of any part of a decedent's body pursuant to
27    an anatomical  gift  made  by  the  decedent  or  by  another
28    individual authorized by the Act shall be presumed.
29        (d)  This  Act is subject to the provisions of "An Act to
30    revise the law in relation to coroners", approved February 6,
31    1874, as now or hereafter amended, to the laws of this  State
32    prescribing  powers and duties with respect to autopsies, and
33    to the statutes, rules, and regulations of  this  State  with
34    respect  to  the  transportation  and disposition of deceased
 
SB1412 Engrossed            -59-     LRB093 10132 LCB 10385 b
 1    human bodies.
 2        (e)  If the donee is provided information, or  determines
 3    through  independent examination, that there is evidence that
 4    the gift was exposed  to  the  human  immunodeficiency  virus
 5    (HIV)  or  any  other  identified causative agent of acquired
 6    immunodeficiency syndrome (AIDS), the donee  may  reject  the
 7    gift  and shall treat the information and examination results
 8    as a confidential medical record; the donee may disclose only
 9    the  results  confirming  HIV  exposure,  and  only  to   the
10    physician of the deceased donor.  The donor's physician shall
11    determine  whether the person who executed the gift should be
12    notified of the confirmed positive test result.
13    (Source: P.A. 85-1209.)

14        (755 ILCS 50/5-50 new) (was 755 ILCS 50/8.1)
15        Sec. 5-50 8.1.  Payment for gift.  (a) Except as provided
16    in subsection (b), any person who knowingly pays or offers to
17    pay any financial consideration to a donor or to any  of  the
18    persons  listed in subsection (b) of Section 5-5 3 for making
19    or consenting to an anatomical gift  shall  be  guilty  of  a
20    Class  A  misdemeanor  for the first conviction and a Class 4
21    felony for subsequent convictions.
22        (b)  This Section does  not  prohibit  reimbursement  for
23    reasonable  costs  associated  with  the  removal, storage or
24    transportation of a human body or part thereof pursuant to an
25    anatomical gift executed pursuant to this Act.
26    (Source: P.A. 85-191.)

27        (755 ILCS 50/9 rep.)
28        (755 ILCS 50/11 rep.)
29        Section 55.  The Uniform Anatomical Gift Act  is  amended
30    by repealing Sections 9 and 11.

31        (755 ILCS 55/Act rep.)
 
SB1412 Engrossed            -60-     LRB093 10132 LCB 10385 b
 1        Section  60.  The  Illinois  Corneal  Transplant  Act  is
 2    repealed.

 3        (755 ILCS 60/Act rep.)
 4        Section 65.  The Organ Donation Request Act is repealed.

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.
 
SB1412 Engrossed            -61-     LRB093 10132 LCB 10385 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 2310/2310-330     was 20 ILCS 2310/55.46
 4    105 ILCS 5/27-23.5
 5    210 ILCS 85/6.16
 6    210 ILCS 85/10.4          from Ch. 111 1/2, par. 151.4
 7    410 ILCS 305/7            from Ch. 111 1/2, par. 7307
 8    625 ILCS 5/6-110          from Ch. 95 1/2, par. 6-110
 9    625 ILCS 5/12-215         from Ch. 95 1/2, par. 12-215
10    720 ILCS 5/12-20          from Ch. 38, par. 12-20
11    755 ILCS 35/6             from Ch. 110 1/2, par. 706
12    755 ILCS 40/20            from Ch. 110 1/2, par. 851-20
13    755 ILCS 40/65
14    755 ILCS 45/4-7           from Ch. 110 1/2, par. 804-7
15    755 ILCS 45/4-10          from Ch. 110 1/2, par. 804-10
16    755 ILCS 50/Art. 1 heading new
17    755 ILCS 50/1-1 new       was 755 ILCS 50/1
18    755 ILCS 50/1-5 new
19    755 ILCS 50/1-10 new      was 755 ILCS 50/2
20    755 ILCS 50/Art. 5/heading new
21    755 ILCS 50/5-5 new       was 755 ILCS 50/3
22    755 ILCS 50/5-10 new      was 755 ILCS 50/4
23    755 ILCS 50/5-15 new      was 755 ILCS 50/4.5
24    755 ILCS 50/5-20 new      was 755 ILCS 50/5
25    755 ILCS 50/5-25 new
26    755 ILCS 50/5-30 new
27    755 ILCS 50/5-35 new      was 755 ILCS 50/6
28    755 ILCS 50/5-40 new      was 755 ILCS 50/7
29    755 ILCS 50/5-45 new      was 755 ILCS 50/8
30    755 ILCS 50/5-50 new      was 755 ILCS 50/8.1
31    755 ILCS 50/9 rep.
32    755 ILCS 50/11 rep.
33    755 ILCS 55/Act rep.
34    755 ILCS 60/Act rep.