Full Text of SB0660 94th General Assembly
SB0660 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0660
Introduced 2/18/2005, by Sen. Michael Jacobs SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
625 ILCS 5/6-117 |
from Ch. 95 1/2, par. 6-117 |
755 ILCS 50/5-20 |
was 755 ILCS 50/5 |
755 ILCS 50/5-40 |
was 755 ILCS 50/7 |
755 ILCS 50/5-45 |
was 755 ILCS 50/8 |
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Amends the Illinois Vehicle Code and the Illinois Anatomical Gift Act. Provides that the Secretary of State may establish a First Person Consent organ and tissue donor registry. Provides that the Secretary may offer, to each applicant for reissuance or renewal of a driver's license or identification card who is 18 or older, the opportunity to have his or her name included on the registry. Provides that the Secretary must advise the person that he or she is under no compulsion to have his or her name included. Establishes additional procedures for creating the registry. Provides that the Secretary must continue, until the registry has been established, to provide, on the reverse side of each driver's license issued, a format that the licensee may use to execute an anatomical gift. Provides that a person may make an anatomical gift by consenting to having his or her name included in the registry. Provides that in the absence of gross negligence, willful misconduct, the Secretary of State and his or her employees from criminal or civil liability in connection with a person's consent to be listed in the registry.
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A BILL FOR
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SB0660 |
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LRB094 10977 DRH 41577 b |
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| AN ACT concerning organ and tissue donation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-110 and 6-117 as follows: | 6 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying | 9 |
| applicant a
driver's license as applied for, which license | 10 |
| shall bear a
distinguishing
number assigned to the licensee, | 11 |
| the legal name, social security number,
zip
code, date of | 12 |
| birth, residence address, and a brief description of the
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| licensee, and
a space where the licensee may write his usual | 14 |
| signature.
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| If the licensee is less than 17 years of age, the license | 16 |
| shall, as a
matter of law, be invalid for the operation of any | 17 |
| motor vehicle during
any time the licensee is prohibited from | 18 |
| being on any street or highway
under the provisions of the | 19 |
| Child Curfew Act.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in | 23 |
| his
discretion substitute a federal tax number or other | 24 |
| distinctive number.
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| A driver's license issued may, in the discretion of the | 26 |
| Secretary,
include a suitable photograph of a type prescribed | 27 |
| by the Secretary.
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| (b) Until the Secretary of State establishes a First Person | 29 |
| Consent organ and tissue donor registry under Section 6-117 of | 30 |
| this Code, the
The Secretary of State shall provide a format on | 31 |
| the reverse of
each driver's license issued which the licensee | 32 |
| may use to execute a document
of gift conforming to the |
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| provisions of the Illinois Anatomical Gift Act.
The format | 2 |
| shall allow the licensee to indicate the gift intended, whether
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| specific organs, any organ, or the entire body, and shall | 4 |
| accommodate the
signatures of the donor and 2 witnesses. The | 5 |
| Secretary shall also inform
each applicant or licensee of this | 6 |
| format, describe the procedure for its
execution, and may offer | 7 |
| the necessary witnesses; provided that in so doing,
the | 8 |
| Secretary shall advise the applicant or licensee that he or she | 9 |
| is
under no compulsion to execute a document of gift. A | 10 |
| brochure
explaining this method of executing an anatomical gift | 11 |
| document shall be given
to each applicant or licensee. The | 12 |
| brochure shall advise the applicant or
licensee that he or she | 13 |
| is under no compulsion to execute a document of
gift, and that | 14 |
| he or she may wish to consult with family, friends or clergy
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| before doing so. The Secretary of State may undertake | 16 |
| additional efforts,
including education and awareness | 17 |
| activities, to promote organ and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's | 19 |
| license issued
a space where the licensee may place a sticker | 20 |
| or decal of the uniform
size as the Secretary may specify, | 21 |
| which sticker or decal may indicate in
appropriate language | 22 |
| that the owner of the license carries an Emergency
Medical | 23 |
| Information Card.
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| The sticker may be provided by any person, hospital, | 25 |
| school,
medical group, or association interested in assisting | 26 |
| in implementing
the Emergency Medical Information Card, but | 27 |
| shall meet the specifications
as the Secretary may by rule or | 28 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's | 30 |
| license issued
a space where the licensee may indicate his | 31 |
| blood type and RH factor.
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| (e) The Secretary of State shall provide
that each original | 33 |
| or renewal driver's license issued to a licensee under
21 years | 34 |
| of age shall be of a distinct nature from those driver's | 35 |
| licenses
issued to individuals 21 years of age and older. The | 36 |
| color designated for
driver's licenses for licensees under 21 |
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| years of age shall be at the
discretion of the Secretary of | 2 |
| State.
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| (e-1) The Secretary shall provide that each driver's | 4 |
| license issued to a
person under the age of 21 displays the | 5 |
| date upon which the person becomes 18
years of age and the date | 6 |
| upon which the person becomes 21 years of age.
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| (f) The Secretary of State shall inform all Illinois | 8 |
| licensed
commercial motor vehicle operators of the | 9 |
| requirements of the Uniform
Commercial Driver License Act, | 10 |
| Article V of this Chapter, and shall make
provisions to insure | 11 |
| that all drivers, seeking to obtain a commercial
driver's | 12 |
| license, be afforded an opportunity prior to April 1, 1992, to
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| obtain the license. The Secretary is authorized to extend
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| driver's license expiration dates, and assign specific times, | 15 |
| dates and
locations where these commercial driver's tests shall | 16 |
| be conducted. Any
applicant, regardless of the current | 17 |
| expiration date of the applicant's
driver's license, may be | 18 |
| subject to any assignment by the Secretary.
Failure to comply | 19 |
| with the Secretary's assignment may result in the
applicant's | 20 |
| forfeiture of an opportunity to receive a commercial driver's
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| license prior to April 1, 1992.
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| (g) The Secretary of State shall designate on a
driver's | 23 |
| license issued, a space where the licensee may indicate that he | 24 |
| or
she has drafted a living will in accordance with the | 25 |
| Illinois Living Will
Act or a durable power of attorney for | 26 |
| health care in accordance with the
Illinois Power of Attorney | 27 |
| Act.
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| (g-1) The Secretary of State, in his or her discretion, may | 29 |
| designate on
each driver's license issued a space where the | 30 |
| licensee may place a sticker or
decal, issued by the Secretary | 31 |
| of State, of uniform size as the Secretary may
specify, that | 32 |
| shall indicate in appropriate language that the owner of the
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| license has renewed his or her driver's license.
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| (h) A person who acts in good faith in accordance with the | 35 |
| terms of
this Section is not liable for damages in any civil | 36 |
| action or subject to
prosecution in any criminal proceeding for |
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| his or her act.
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| (Source: P.A. 92-689, eff. 1-1-03; 93-794, eff. 7-22-04; | 3 |
| 93-895, eff. 1-1-05; revised 10-22-04.)
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| (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
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| Sec. 6-117. Records to be kept by the Secretary of State.
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| (a) The Secretary of State shall file every application for | 7 |
| a license or
permit accepted under this Chapter, and shall | 8 |
| maintain suitable
indexes thereof. The records of the Secretary | 9 |
| of State shall indicate the
action taken with respect to such | 10 |
| applications.
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| (b) The Secretary of State shall maintain appropriate | 12 |
| records of all
licenses and permits refused, cancelled, revoked | 13 |
| or suspended and of the
revocation and suspension of driving | 14 |
| privileges of persons not licensed
under this Chapter, and such | 15 |
| records shall note the reasons for such
action.
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| (c) The Secretary of State shall maintain appropriate | 17 |
| records of
convictions reported under this Chapter. Records of | 18 |
| conviction may be
maintained in a computer processible medium.
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| (d) The Secretary of State may also maintain appropriate | 20 |
| records of any
accident reports received.
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| (e) The Secretary of State shall also maintain appropriate | 22 |
| records
of any disposition of supervision or records
relative
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| to a driver's referral to a driver remedial or rehabilitative | 24 |
| program, as
required by the Secretary of State or the courts. | 25 |
| Such records shall only
be available for use by the Secretary, | 26 |
| law enforcement agencies, the
courts, and the affected driver | 27 |
| or, upon proper verification,
such affected driver's attorney.
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| (f) The Secretary of State shall also maintain or contract | 29 |
| to maintain
appropriate records of all photographs and | 30 |
| signatures obtained in the process
of issuing any driver's | 31 |
| license, permit, or identification card. The record
shall be | 32 |
| confidential and shall not be disclosed except to those | 33 |
| entities
listed under Section 6-110.1 of this Code.
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| (g) The Secretary of State may establish a First Person | 35 |
| Consent organ and tissue donor registry in compliance with |
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| subsection (b-1) of Section 5-20 of the Illinois Anatomical | 2 |
| Gift Act, as follows: | 3 |
| (1) The Secretary shall offer, to each applicant | 4 |
| for issuance or renewal of a driver's license or | 5 |
| identification card who is 18 years of age or older, the | 6 |
| opportunity to have his or her name included in the First | 7 |
| Person Consent organ and tissue donor registry. The | 8 |
| Secretary must advise the applicant or licensee that he or | 9 |
| she is under no compulsion to have his or her name included | 10 |
| in the registry. An individual who agrees to having his or | 11 |
| her name included in the First Person Consent organ and | 12 |
| tissue donor registry has given full legal consent to the | 13 |
| donation of any of his or her organs or tissue upon his or | 14 |
| her death. A brochure explaining this method of executing | 15 |
| an anatomical gift must be given to each applicant for | 16 |
| issuance or renewal of a driver's license or identification | 17 |
| card. The brochure must advise the applicant or licensee | 18 |
| (i) that he or she is under no compulsion to have his or | 19 |
| her name included in this registry and (ii) that he or she | 20 |
| may wish to consult with family, friends, or clergy before | 21 |
| doing so. | 22 |
| (2) The Secretary of State may establish | 23 |
| additional methods by which an individual may have his or | 24 |
| her name included in the First Person Consent organ and | 25 |
| tissue donor registry. | 26 |
| (3) When an individual has agreed to have his or | 27 |
| her name included in the First Person Consent organ and | 28 |
| tissue donor registry, the Secretary of State shall note | 29 |
| that agreement in the First Person consent organ and tissue | 30 |
| donor registry. Representatives of federally designated | 31 |
| organ procurement agencies and tissue banks may inquire of | 32 |
| the Secretary of State whether a potential organ donor's | 33 |
| name is included in the First Person Consent organ and | 34 |
| tissue donor registry, and the Secretary of State may | 35 |
| provide that information to the representative. | 36 |
| (4) An individual may withdraw his or her consent |
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| to be listed in the First Person Consent organ and tissue | 2 |
| donor registry maintained by the Secretary of State by | 3 |
| notifying the Secretary of State in writing, or by any | 4 |
| other means approved by the Secretary, of the individual's | 5 |
| decision to have his or her name removed from the registry. | 6 |
| (5) The Secretary of State may undertake | 7 |
| additional efforts, including education and awareness | 8 |
| activities, to promote organ and tissue donation. | 9 |
| (6) In the absence of gross negligence or willful | 10 |
| misconduct, the Secretary of State and his or her employees | 11 |
| are immune from any civil or criminal liability in | 12 |
| connection with an individual's consent to be listed in the | 13 |
| organ and tissue donor registry.
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| (Source: P.A. 92-458, eff. 8-22-01.)
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| Section 10. The Illinois Anatomical Gift Act is amended by | 16 |
| changing Sections 5-20, 5-40, and 5-45 as follows: | 17 |
| (755 ILCS 50/5-20) (was 755 ILCS 50/5)
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| Sec. 5-20. Manner of Executing Anatomical Gifts.
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| (a) A gift of all or part of the body under Section 5-5 (a) | 20 |
| may be
made
by will. The gift becomes effective upon the death | 21 |
| of the testator without
waiting for probate. If the will is not | 22 |
| probated, or if it is declared
invalid for testamentary | 23 |
| purposes, the gift, to the extent that it has been
acted upon | 24 |
| in good faith, is nevertheless valid and effective.
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| (b) A gift of all or part of the body under Section 5-5 (a) | 26 |
| may
also be
made by a written, signed document other than a | 27 |
| will. The gift becomes
effective upon the death of the donor. | 28 |
| The document, which may be a card
or a valid driver's license | 29 |
| designed to be carried on the person, is effective without | 30 |
| regard to the presence or signature of witnesses
must
be signed | 31 |
| by the donor in the
presence of 2 witnesses who must sign the | 32 |
| document in his presence and who
thereby certify that he was of | 33 |
| sound mind and memory and free from any
undue influence and | 34 |
| knows the objects of his bounty and affection .
Such a gift may |
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| also be made by properly executing the form provided by
the | 2 |
| Secretary of State on the reverse side of the donor's driver's | 3 |
| license
pursuant to subsection (b) of Section 6-110 of The | 4 |
| Illinois Vehicle Code.
Delivery of the document of gift during | 5 |
| the donor's lifetime is not
necessary to make the gift valid.
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| (b-1) A gift under Section 5-5 (a) may also be made by an | 7 |
| individual consenting to have his or her name included in the | 8 |
| First Person Consent organ and tissue donor registry maintained | 9 |
| by the Secretary of State under Section 6-117 of the Illinois | 10 |
| Vehicle Code. An individual's consent to have his or her name | 11 |
| included in the First Person Consent organ and tissue donor | 12 |
| registry constitutes full legal authority for the donation of | 13 |
| any of his or her organs or tissue. Consenting to be included | 14 |
| in the First Person Consent organ and tissue donor registry is | 15 |
| effective without regard to the presence or signature of | 16 |
| witnesses.
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| (c) The gift may be made to a specified donee or without | 18 |
| specifying a
donee. If the latter, the gift may be accepted by | 19 |
| the attending physician
as donee upon or following death. If | 20 |
| the gift is made to a specified donee
who is not available at | 21 |
| the time and place of death, then if made for the
purpose of | 22 |
| transplantation, it shall be effectuated in accordance with | 23 |
| Section
5-25, and if made for any other purpose the attending
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| physician upon or following death, in the absence of any | 25 |
| expressed
indication that the donor desired otherwise, may | 26 |
| accept the gift as donee.
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| (d) Notwithstanding Section 5-45 (b), the donor may | 28 |
| designate in
his will,
card, or other document of gift the | 29 |
| surgeon or physician to carry out the
appropriate procedures. | 30 |
| In the absence of a designation or if the designee
is not | 31 |
| available, the donee or other person authorized to accept the | 32 |
| gift
may employ or authorize any surgeon or physician for the | 33 |
| purpose.
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| (e) Any gift by a person designated in Section 5-5 (b) | 35 |
| shall be
made by a
document signed by him or made by his | 36 |
| telegraphic, recorded telephonic, or
other recorded message.
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| (Source: P.A. 93-794, eff. 7-22-04.)
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| (755 ILCS 50/5-40) (was 755 ILCS 50/7)
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| Sec. 5-40. Amendment or Revocation of the Gift.
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| (a) If the will, card, or other document or executed copy | 5 |
| thereof,
has been delivered to a specified donee, the donor may | 6 |
| amend or revoke the
gift by:
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| (1) the execution and delivery to the donee of a signed | 8 |
| statement
witnessed and certified as provided in Section | 9 |
| 5-20(b); or
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| (2) a signed card or document found on his person, or | 11 |
| in his effects,
executed at a date subsequent to the date | 12 |
| the original gift was made and
witnessed and certified as | 13 |
| provided in Section 5-20(b).
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| (b) Any document of gift which has not been delivered to | 15 |
| the donee may
be revoked by the donor in the manner set out in | 16 |
| subsection (a).
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| (c) Any gift made by a will may also be amended or revoked | 18 |
| in the manner
provided for amendment or revocation of wills or | 19 |
| as provided in subsection
(a).
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| (d) An individual may withdraw his or her consent to be | 21 |
| listed in the First Person Consent organ and tissue donor | 22 |
| registry maintained by the Secretary of State by notifying the | 23 |
| Secretary of State in writing, or by any other means approved | 24 |
| by the Secretary, of the individual's decision to have his or | 25 |
| her name removed from the registry.
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| (Source: P.A. 93-794, eff. 7-22-04.)
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| (755 ILCS 50/5-45) (was 755 ILCS 50/8)
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| Sec. 5-45. Rights and Duties at Death.
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| (a) The donee may accept or
reject
the gift. If the donee | 30 |
| accepts a gift of the entire body, he may, subject
to the terms | 31 |
| of the gift, authorize embalming and the use of the body in
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| funeral services, unless a person named in subsection (b) of | 33 |
| Section 5-5
has requested, prior to the final disposition by | 34 |
| the donee, that the remains
of said body be returned to his or |
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| her custody for the purpose of final
disposition. Such request | 2 |
| shall be honored by the donee if the terms of
the gift are | 3 |
| silent on how final disposition is to take place. If the
gift | 4 |
| is of a part of the body, the donee or technician designated by | 5 |
| him
upon the death of the donor and prior to embalming, shall | 6 |
| cause the part to
be removed without unnecessary mutilation and | 7 |
| without undue delay in the
release of the body for the purposes | 8 |
| of final disposition. After removal of
the part, custody of the | 9 |
| remainder of the body vests in the surviving
spouse, next of | 10 |
| kin, or other persons under obligation to dispose of the
body, | 11 |
| in the order or priority listed in subsection (b) of Section | 12 |
| 5-5 of this Act.
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| (b) The time of death shall be determined by a physician | 14 |
| who attends the
donor at his death, or, if none, the physician | 15 |
| who certifies the death. The
physician shall not participate in | 16 |
| the procedures for removing or
transplanting a part.
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| (c) A person who acts in good faith in accord with the | 18 |
| terms of this Act , the Illinois Vehicle Code,
and the AIDS | 19 |
| Confidentiality Act, or the anatomical gift laws of another
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| state or a foreign country, is not liable for damages in any | 21 |
| civil action
or subject to prosecution in any criminal | 22 |
| proceeding for his act.
Any person that participates in good | 23 |
| faith and according to the usual and
customary standards of | 24 |
| medical practice in the removal or transplantation
of any part | 25 |
| of a decedent's body pursuant to an anatomical gift made by the
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| decedent under Section 5-20 of this Act or pursuant to an | 27 |
| anatomical
gift made
by an individual as authorized by | 28 |
| subsection (b) of Section 5-5 of
this Act
shall have immunity | 29 |
| from liability, civil, criminal, or otherwise, that
might | 30 |
| result by reason of such actions. For the purpose of any
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| proceedings, civil or criminal, the validity of an anatomical | 32 |
| gift executed
pursuant to Section 5-20 of this Act shall be | 33 |
| presumed and the good
faith of
any person participating in the | 34 |
| removal or transplantation of any part of a
decedent's body | 35 |
| pursuant to an anatomical gift made by the decedent or by
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| another individual authorized by the Act shall be presumed.
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| (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 to | 5 |
| the statutes, rules, and regulations of this
State with respect | 6 |
| to the transportation and disposition of deceased human
bodies.
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| (e) If the donee is provided information, or determines | 8 |
| through
independent examination, that there is evidence that | 9 |
| the gift was exposed
to the human immunodeficiency virus (HIV) | 10 |
| or any other identified causative
agent of acquired | 11 |
| immunodeficiency syndrome (AIDS), the donee may reject
the gift | 12 |
| and shall treat the information and examination results as a
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| confidential medical record; the donee may disclose only the | 14 |
| results
confirming HIV exposure, and only to the physician of | 15 |
| the deceased donor.
The donor's physician shall determine | 16 |
| whether the person who executed the
gift should be notified of | 17 |
| the confirmed positive test result.
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| (Source: P.A. 93-794, eff. 7-22-04.)
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