093_HB1261

 
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 1        AN ACT in relation to health.

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

 4        Section 5.  The Uniform Anatomical Gift Act is amended by
 5    changing  the title of the Act and Sections 3, 5, 6, and 8 as
 6    follows:

 7        (755 ILCS 50/Act title)
 8        An Act authorizing the gift of all or  part  of  a  human
 9    body before or after death for specified purposes.

10        (755 ILCS 50/3) (from Ch. 110 1/2, par. 303)
11        Sec. 3. Persons who may execute an anatomical gift.
12        (a)  Any  individual  of  sound mind who has attained the
13    age of 18 may give all or any part of his or her body for any
14    purpose specified in Section 4.  Such a gift may be  executed
15    in  any  of  the  ways  set  out in Section 5, and shall take
16    effect (i) upon the individual's death without  the  need  to
17    obtain  the consent of any survivor or (ii) if the gift is to
18    take effect before the individual's death, then upon the date
19    specified  in  the  document  of  gift  or,  if  no  date  is
20    specified, upon the execution of the document of  gift.    An
21    anatomical  gift  made  by  an  agent  of  an  individual, as
22    authorized by the individual under the Powers of Attorney for
23    Health Care Law, as now or hereafter amended, is deemed to be
24    a gift by that individual and takes effect without  the  need
25    to obtain the consent of any other person.
26        (b)  If  no  gift has been executed under subsection (a),
27    any of the following persons, in the order of priority stated
28    in items (1) through (9) below, when persons in prior classes
29    are not available and in the absence of (i) actual notice  of
30    contrary intentions by the decedent and (ii) actual notice of
 
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 1    opposition  by any member within the same priority class, may
 2    give all  or  any  part  of  the  decedent's  body  after  or
 3    immediately before death for any purpose specified in Section
 4    4:
 5             (1)  the  decedent's agent under a power of attorney
 6        for  health  care  which  provides   specific   direction
 7        regarding organ donation,
 8             (2)  the decedent's spouse,
 9             (3)  the decedent's adult sons or daughters,
10             (4)  either of the decedent's parents,
11             (5)  any   of   the  decedent's  adult  brothers  or
12        sisters,
13             (6)  any adult grandchild of the decedent,
14             (7)  the guardian of the decedent's estate,
15             (8)  the decedent's surrogate decision  maker  under
16        the Health Care Surrogate Act,
17             (9)  any  person  authorized  or under obligation to
18        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
 
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 1        a manner which indicates the person's refusal or consent.
 2        (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        (e)  The rights of the donee  created  by  the  gift  are
 6    paramount  to  the  rights  of  others  except as provided by
 7    Section 8(d).
 8        (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  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) (from Ch. 110 1/2, par. 305)
15        Sec. 5. Manner of Executing Anatomical Gifts.
16        (a) A gift of all or part of the body under Section 3 (a)
17    may  be  made  by  will.  The gift becomes effective upon the
18    death of the testator without waiting  for  probate.  If  the
19    will  is  not  probated,  or  if  it  is declared invalid for
20    testamentary purposes, the gift, to the extent  that  it  has
21    been  acted  upon  in  good  faith, is nevertheless valid and
22    effective.
23        (b)  A gift of all or part of the body  under  Section  3
24    (a) may also be made by a written, signed document other than
25    a  will. The gift becomes effective (i) upon the death of the
26    donor or (ii) if the  gift  is  to  take  effect  before  the
27    donor's  death,  then upon the date specified in the document
28    or, if no date  is  specified,  upon  the  execution  of  the
29    document.  The  document,  which  may  be  a  card or a valid
30    driver's license designed to be carried on the  person,  must
31    be  signed  by  the  donor in the presence of 2 witnesses who
32    must sign the  document  in  his  presence  and  who  thereby
33    certify  that  he  was of sound mind and memory and free from
 
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 1    any undue influence and knows the objects of his  bounty  and
 2    affection. Such a gift may also be made by properly executing
 3    the  form  provided  by the Secretary of State on the reverse
 4    side of the donor's driver's license pursuant  to  subsection
 5    (b)  of  Section 6-110 of The Illinois Vehicle Code. Delivery
 6    of the document of gift during the donor's  lifetime  is  not
 7    necessary to make the gift valid.
 8        (c)  The gift may be made to a specified donee or without
 9    specifying  a  donee. If the latter, the gift may be accepted
10    by the attending physician as donee  (i)  upon  or  following
11    death  in  the case of a gift that is to take effect upon the
12    donor's death  or  (ii)  upon  the  gift  otherwise  becoming
13    effective  if  it is to take effect before the donor's death.
14    If the gift is made to a specified donee who is not available
15    at the time and place of death, the attending physician  upon
16    or   following   death,  in  the  absence  of  any  expressed
17    indication that the donor desired otherwise, may  accept  the
18    gift  as  donee. The physician who becomes a donee under this
19    subsection  shall  not  participate  either   physically   or
20    financially in the procedures for removing or transplanting a
21    part.
22        (d)  Notwithstanding   Section   8  (b),  the  donor  may
23    designate in his will, card, or other document  of  gift  the
24    surgeon or physician to carry out the appropriate procedures.
25    In  the  absence  of  a designation or if the designee is not
26    available, the donee or other person authorized to accept the
27    gift may employ or authorize any surgeon or physician for the
28    purpose.
29        (e)  Any gift by a person designated  in  Section  3  (b)
30    shall  be  made  by  a  document signed by him or made by his
31    telegraphic, recorded telephonic, or other recorded message.
32    (Source: P.A. 85-192.)

33        (755 ILCS 50/6) (from Ch. 110 1/2, par. 306)
 
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 1        Sec. 6. Delivery of Document of Gift.   If  the  gift  is
 2    made  by  the  donor to a specified donee, the will, card, or
 3    other document, or an executed copy thereof, may be delivered
 4    to the donee  to  expedite  the  appropriate  procedures  (i)
 5    immediately after death in the case of a gift that is to take
 6    effect  upon  the  donor's death or (ii) immediately upon the
 7    gift otherwise becoming effective if it  is  to  take  effect
 8    before  the  donor's  death. Delivery is not necessary to the
 9    validity of the gift. The will, card, or other  document,  or
10    an  executed  copy thereof, may be deposited in any hospital,
11    bank or storage facility, or registry office that accepts  it
12    for  safekeeping  or for facilitation of procedures (i) after
13    death or (ii) upon the gift otherwise becoming effective.  On
14    request of any interested party (i) upon or after the donor's
15    death  in  the case of a gift that is to take effect upon the
16    donor's death  or  (ii)  upon  the  gift  otherwise  becoming
17    effective  if  it is to take effect before the donor's death,
18    the person in  possession  shall  produce  the  document  for
19    examination.
20    (Source: P.A. 76-1209.)

21        (755 ILCS 50/8) (from Ch. 110 1/2, par. 308)
22        Sec.  8.  Gift  Effective upon Death of Donor; Rights and
23    Duties at Death.
24        (a)  The donee of a gift taking effect upon the death  of
25    the donor may accept or reject the gift. If the donee accepts
26    a  gift  of  the entire body, he may, subject to the terms of
27    the gift, authorize embalming and the  use  of  the  body  in
28    funeral  services, unless a person named in subsection (b) of
29    Section 3 has requested, prior to the  final  disposition  by
30    the  donee,  that the remains of said body be returned to his
31    or her custody for the purpose of  final  disposition.   Such
32    request  shall  be  honored  by the donee if the terms of the
33    gift are silent on how final disposition is  to  take  place.
 
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 1    If the gift is of a part of the body, the donee or technician
 2    designated  by  him  upon the death of the donor and prior to
 3    embalming,  shall  cause  the  part  to  be  removed  without
 4    unnecessary mutilation and without undue delay in the release
 5    of the body for the  purposes  of  final  disposition.  After
 6    removal  of  the  part,  custody of the remainder of the body
 7    vests in the surviving spouse, next of kin, or other  persons
 8    under  obligation  to  dispose  of  the body, in the order or
 9    priority listed in subsection (b) of Section 3 of this Act.
10        (b)  The time of death shall be determined by a physician
11    who attends  the  donor  at  his  death,  or,  if  none,  the
12    physician  who  certifies  the death. The physician shall not
13    participate in the procedures for removing or transplanting a
14    part.
15        (c)  A person who acts in good faith in accord  with  the
16    terms  of  this  Act and the AIDS Confidentiality Act, or the
17    anatomical gift laws of another state or a  foreign  country,
18    is  not  liable for damages in any civil action or subject to
19    prosecution in any  criminal  proceeding  for  his  act.  Any
20    person  that  participates in good faith and according to the
21    usual and customary standards  of  medical  practice  in  the
22    removal  or  transplantation of any part of a decedent's body
23    pursuant to an anatomical gift made  by  the  decedent  under
24    Section  5 of this Act or pursuant to an anatomical gift made
25    by an individual as authorized by subsection (b) of Section 3
26    of this  Act  shall  have  immunity  from  liability,  civil,
27    criminal,  or  otherwise, that might result by reason of such
28    actions.  For  the  purpose  of  any  proceedings,  civil  or
29    criminal,   the  validity  of  an  anatomical  gift  executed
30    pursuant to Section 5 of this Act shall be presumed  and  the
31    good  faith  of  any  person  participating in the removal or
32    transplantation of any part of a decedent's body pursuant  to
33    an  anatomical  gift  made  by  the  decedent  or  by another
34    individual authorized by the Act shall be presumed.
 
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 1        (d)  This Act is subject to the provisions of "An Act  to
 2    revise the law in relation to coroners", approved February 6,
 3    1874,  as now or hereafter amended, to the laws of this State
 4    prescribing powers and duties with respect to autopsies,  and
 5    to  the  statutes,  rules, and regulations of this State with
 6    respect to the transportation  and  disposition  of  deceased
 7    human bodies.
 8        (e)  If  the donee is provided information, or determines
 9    through independent examination, that there is evidence  that
10    the  gift  was  exposed  to  the human immunodeficiency virus
11    (HIV) or any other identified  causative  agent  of  acquired
12    immunodeficiency  syndrome  (AIDS),  the donee may reject the
13    gift and shall treat the information and examination  results
14    as a confidential medical record; the donee may disclose only
15    the   results  confirming  HIV  exposure,  and  only  to  the
16    physician of the deceased donor.  The donor's physician shall
17    determine whether the person who executed the gift should  be
18    notified of the confirmed positive test result.
19    (Source: P.A. 85-1209.)