SB3613 96TH GENERAL ASSEMBLY

LRB096 19603 AJO 34997 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3613

Introduced 2/11/2010, by Sen. Dale E. Risinger

SYNOPSIS AS INTRODUCED:

755 ILCS 50/5-55 new

Amends the Illinois Anatomical Gift Act. Provides that, on and after July 1, 2012, each resident of Illinois who is of sound mind and who has attained the age of 18 years is presumed, by operation of law, to have given all of his or her body for any organ donation purposes. Allows an individual to opt out of the presumed donation by executing an anatomical gift as otherwise provided in the Act or by filing with the Secretary of State an organ donor opt out document. An individual who has filed such a document shall be included in an Organ Donor Opt Out Registry maintained by the Secretary of State. Requires representatives of federally designated organ procurement agencies and tissue banks and the offices of Illinois county coroners and medical examiners to inquire of the Secretary of State whether a potential organ donor's name is included in the Organ Donor Opt Out Registry and, if not, whether the name is included on the First Person Consent organ and tissue donor registry. Allows an individual to withdraw his or her opt out by notifying the Secretary of State in writing. Provides that in the absence of gross negligence or willful misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with the Organ Donor Opt Out Registry.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning organ donation.

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

Section 5. The Illinois Anatomical Gift Act is amended by adding Section 5-55 as follows:

(755 ILCS 50/5-55 new)

Sec. 5-55. Presumption of donation; opt-out.

(a) On and after July 1, 2012, each resident of Illinois who is of sound mind and who has attained the age of 18 years is presumed, by operation of law, to have given all of his or her body for any purpose stated in Section 5-10. The gift takes effect upon the individual's death without the need to obtain the consent of any survivor.

(b) Any individual presumed to have made a gift under subsection (a) is deemed to have opted out of the provisions of subsection (a) if that individual has executed a gift in any of the ways set out in Section 5-20.

(c) An individual may also opt out of the provisions of subsection (a) by filing with the Secretary of State, in a form and manner determined by the Secretary of State by rule, an organ donor opt out document. An individual who has filed such a document shall be included in an Organ Donor Opt Out Registry maintained by the Secretary of State. The Secretary of State may establish additional methods by which an individual may have his or her name included in the Organ Donor Opt Out Registry.

(d) When an individual has agreed to have his or her name included in the Organ Donor Opt Out Registry, the Secretary of State shall note that agreement in the Organ Donor Opt Out Registry. Representatives of federally designated organ procurement agencies and tissue banks and the offices of Illinois county coroners and medical examiners must inquire of the Secretary of State (i) whether a potential organ donor's name is included in the Organ Donor Opt Out Registry and (ii) if not, whether the potential organ donor's name is included in the First Person Consent organ and tissue donor registry maintained under Section 6-117 of the Illinois Vehicle Code. The Secretary of State must provide the requested information to the representative.

(e) An individual may withdraw his or her opt out from the provisions of subsection (a) by notifying the Secretary of State in writing, or by any other means approved by the Secretary, of the individual's decision to have his or her name removed from the Organ Donor Opt Out Registry.

(f) In the absence of gross negligence or willful misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with the Organ Donor Opt Out Registry.