HB4243 103RD GENERAL ASSEMBLY

LRB103 34691 AWJ 64536 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4243

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

SYNOPSIS AS INTRODUCED:

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

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

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Illinois Clinical Laboratory and Blood Bank Act is amended by changing Sections 7-108, 7-110, and 7-111 and by adding Section 7-120 as follows:

(210 ILCS 25/7-108) (from Ch. 111 1/2, par. 627-108)

Sec. 7-108. Duties of blood banks. A blood bank shall:

(a) Collect, process, and provide for use blood or blood components from a blood donor only upon the consent of that donor and under the direction or delegated direction of the blood bank Medical Director.

(b) Transfuse blood or blood components upon the request of a physician licensed to practice medicine in all its branches, a dentist, or a podiatric physician who is on the medical staff of a hospital and has permission from the medical staff to make such a request. If the request is oral, the physician or other authorized person shall submit a written request to the blood bank within 48 hours. If the blood bank does not receive the written request within that period, it shall note that fact in its records.

(c) Test or have tested donated blood for evidence of any COVID-19 vaccine or any other messenger ribonucleic acid (mRNA) vaccine components, including evidence of lipid nanoparticles and spike protein from a vaccine.

(d) Require a blood donor to disclose, during each blood donor screening process, whether the blood donor has received a COVID-19 vaccine or any other mRNA vaccine during the donor's lifetime.

(Source: P.A. 98-214, eff. 8-9-13.)

(210 ILCS 25/7-110) (from Ch. 111 1/2, par. 627-110)

Sec. 7-110. Blood labeling. Every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of blood or blood components a label that includes (1) the appropriate donor classification, "volunteer donor" or "paid donor", in no less prominence than the word "blood" or the name of the blood component and (2) a designation, if true, that the blood tested positive for evidence of a COVID-19 vaccine or any other messenger ribonucleic acid (mRNA) vaccine or was drawn from a blood donor who disclosed that the donor has received a COVID-19 vaccine or any other mRNA vaccine during the donor's lifetime.

Any person who receives blood or blood components in this State from a federally licensed blood bank in another state shall not be required to relabel a container of blood or blood components if the container of blood or blood components is labeled with the appropriate donor classification, "volunteer donor" or "paid donor", in no less prominence than the word "blood" or the name of the blood component.

(Source: P.A. 87-1269.)

(210 ILCS 25/7-111) (from Ch. 111 1/2, par. 627-111)

Sec. 7-111. Administration of labeled blood. No person may administer blood by transfusion in this State or transfer or offer to transfer blood for transfusion purposes by any type of transaction unless the container of the blood is labeled as required by Section 7-110 and, if the container is designated under item (2) of Section 7-110, an acknowledgment from the person receiving the transfusion, or the authorized representative of the person, that the person or representative has been given the opportunity to refuse blood designated under item (2) of Section 7-110.

When blood is administered by transfusion in this State, the identification number of the unit of blood shall be recorded in the patient's medical record and the label on the container of the blood shall not be removed before or during the administration of that blood by transfusion.

(Source: P.A. 87-1269.)

(210 ILCS 25/7-120 new)

Sec. 7-120. Messenger ribonucleic acid (mRNA) vaccine testing and labeling; rules. The Department must adopt rules to implement the changes made by this amendatory Act of the 103rd General Assembly.