State of Illinois
2015 and 2016


Introduced , by Rep. Peter Breen


755 ILCS 50/1-10  was 755 ILCS 50/2
755 ILCS 50/5-5  was 755 ILCS 50/3

    Amends the Illinois Anatomical Gift Act. Provides that the term "decedent" includes a deceased individual organism of the species homo sapiens from fertilization until live birth. Provides that notwithstanding any other provision of the Act, if the decedent is a fetus upon whom an abortion, as that term is defined in the Illinois Abortion Law of 1975, has been performed, then no part of the decedent's body may be used for any purpose specified in the Act.

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HB4266LRB099 13552 HEP 37495 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Anatomical Gift Act is amended by
5changing Sections 1-10 and 5-5 as follows:
6    (755 ILCS 50/1-10)  (was 755 ILCS 50/2)
7    Sec. 1-10. Definitions.
8    "Close friend" means any person 18 years of age or older
9who has exhibited special care and concern for the decedent and
10who presents an affidavit to the decedent's attending
11physician, or the hospital administrator or his or her
12designated representative, stating that he or she (i) was a
13close friend of the decedent, (ii) is willing and able to
14authorize the donation, and (iii) maintained such regular
15contact with the decedent as to be familiar with the decedent's
16health and social history, and religious and moral beliefs. The
17affidavit must also state facts and circumstances that
18demonstrate that familiarity.
19    "Death" means, for the purposes of the Act, when, according
20to accepted medical standards, there is (i) an irreversible
21cessation of circulatory and respiratory functions; or (ii) an
22irreversible cessation of all functions of the entire brain,
23including the brain stem.



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1    "Decedent" means a deceased individual and includes a
2stillborn infant or fetus and a deceased fetus or unborn child,
3as those terms are defined in subsection (6) of Section 2 of
4the Illinois Abortion Law of 1975.
5    "Disinterested witness" means a witness other than the
6spouse, child, parent, sibling, grandchild, grandparent, or
7guardian of the individual who makes, amends, revokes, or
8refuses to make an anatomical gift, or another adult who
9exhibited special care and concern for the individual. The term
10does not include a person to whom an anatomical gift could pass
11under Section 5-12.
12    "Document of gift" means a donor card or other record used
13to make an anatomical gift. The term includes a donor registry.
14    "Donee" means the individual designated by the donor as the
15intended recipient or an entity which receives the anatomical
16gift, including, but not limited to, a hospital; an accredited
17medical school, dental school, college, or university; an organ
18procurement organization; an eye bank; a tissue bank; for
19research or education, a non-transplant anatomic bank; or other
20appropriate person.
21    "Donor" means an individual whose body or part is the
22subject of an anatomical gift.
23    "Hospital" means a hospital licensed, accredited or
24approved under the laws of any state; and includes a hospital
25operated by the United States government, a state, or a
26subdivision thereof, although not required to be licensed under



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1state laws.
2    "Non-transplant anatomic bank" means any facility or
3program operating or providing services in this State that is
4accredited by the American Association of Tissue Banks and that
5is involved in procuring, furnishing, or distributing whole
6bodies or parts for the purpose of medical education. For
7purposes of this Section, a non-transplant anatomic bank
8operating under the auspices of a hospital, accredited medical
9school, dental school, college or university, or federally
10designated organ procurement organization is not required to be
11accredited by the American Association of Tissue Banks.
12    "Organ" means a human kidney, liver, heart, lung, pancreas,
13small bowel, or other transplantable vascular body part as
14determined by the Organ Procurement and Transplantation
15Network, as periodically selected by the U.S. Department of
16Health and Human Services.
17    "Organ procurement organization" means the organ
18procurement organization designated by the Secretary of the
19U.S. Department of Health and Human Services for the service
20area in which a hospital is located, or the organ procurement
21organization for which the Secretary of the U.S. Department of
22Health and Human Services has granted the hospital a waiver
23pursuant to 42 U.S.C. 1320b-8(a).
24    "Part" means organs, tissues, eyes, bones, arteries,
25blood, other fluids and any other portions of a human body.
26    "Person" means an individual, corporation, government or



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1governmental subdivision or agency, business trust, estate,
2trust, partnership or association or any other legal entity.
3    "Physician" or "surgeon" means a physician or surgeon
4licensed or authorized to practice medicine in all of its
5branches under the laws of any state.
6    "Procurement organization" means an organ procurement
7organization or a tissue bank.
8    "Reasonably available for the giving of consent or refusal"
9means being able to be contacted by a procurement organization
10without undue effort and being willing and able to act in a
11timely manner consistent with existing medical criteria
12necessary for the making of an anatomical gift.
13    "Recipient" means an individual into whose body a donor's
14part has been or is intended to be transplanted.
15    "State" includes any state, district, commonwealth,
16territory, insular possession, and any other area subject to
17the legislative authority of the United States of America.
18    "Technician" means an individual trained and certified to
19remove tissue, by a recognized medical training institution in
20the State of Illinois.
21    "Tissue" means eyes, bones, heart valves, veins, skin, and
22any other portions of a human body excluding blood, blood
23products or organs.
24    "Tissue bank" means any facility or program operating in
25Illinois that is accredited by the American Association of
26Tissue Banks, the Eye Bank Association of America, or the



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1Association of Organ Procurement Organizations and is involved
2in procuring, furnishing, donating, or distributing corneas,
3bones, or other human tissue for the purpose of injecting,
4transfusing, or transplanting any of them into the human body
5or for the purpose of research or education. "Tissue bank" does
6not include a licensed blood bank. For the purposes of this
7Act, "tissue" does not include organs or blood or blood
9(Source: P.A. 98-172, eff. 1-1-14; 98-756, eff. 7-16-14.)
10    (755 ILCS 50/5-5)  (was 755 ILCS 50/3)
11    Sec. 5-5. Persons who may execute an anatomical gift.
12    (a) An anatomical gift of a donor's body or part that is to
13be carried out upon the donor's death may be made during the
14life of the donor for the purpose of transplantation, therapy,
15research, or education by:
16        (1) the donor, if the donor is an adult or if the donor
17    is an emancipated minor;
18        (2) an agent of the donor, unless the power of attorney
19    for health care or other record prohibits the agent from
20    making an anatomical gift;
21        (3) a parent of the donor, if the donor is an
22    unemancipated minor; or
23        (4) the donor's guardian.
24    (b) If no gift has been executed under subsection (a), an
25anatomical gift of a decedent's body or part for the purpose of



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1transplantation, therapy, research, or education may be made at
2the time of the decedent's death, or when death is imminent, by
3a member of the following classes of persons who is reasonably
4available for the giving of authorization or refusal, in the
5order of priority listed, when persons in prior classes are not
6available for the giving of authorization or refusal and in the
7absence of actual notice of contrary intentions by the
9        (1) an individual acting as the decedent's agent under
10    a power of attorney for health care;
11        (2) the guardian of the person of the decedent;
12        (3) the spouse or civil union partner of the decedent;
13        (4) an adult child of the decedent;
14        (5) a parent of the decedent;
15        (6) an adult sibling of the decedent;
16        (7) an adult grandchild of the decedent;
17        (8) a grandparent of the decedent;
18        (9) a close friend of the decedent;
19        (10) the guardian of the estate of the decedent; and
20        (11) any other person authorized or under legal
21    obligation to dispose of the body.
22    (b-5) If there is more than one member of a class listed in
23item (2), (4), (5), (6), or (7) of subsection (b) of this
24Section entitled to make an anatomical gift, an anatomical gift
25may be made by a member of the class unless that member or a
26person to which the gift may pass under Section 5-12 knows of



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1an objection by another member of the class. If an objection is
2known, the gift may be made only by a majority of the members
3of the class who are reasonably available for the giving of
4authorization or refusal.
5    (b-10) A person may not make an anatomical gift if, at the
6time of the decedent's death, a person in a higher priority
7class under subsection (b) of this Section is reasonably
8available for the giving of authorization or refusal.
9    (c) A gift of all or part of a body authorizes any blood or
10tissue test or minimally invasive examination necessary to
11assure medical acceptability of the gift for the purposes
12intended. The hospital shall, to the extent possible and in
13accordance with any agreement with the organ procurement
14organization or tissue bank, take measures necessary to
15maintain the medical suitability of the part until the
16procurement organization has had the opportunity to advise the
17applicable persons as set forth in this Act of the option to
18make an anatomical gift or has ascertained that the individual
19expressed a contrary intent and has so informed the hospital.
20The results of tests and examinations under this subsection
21shall be used or disclosed only for purposes of evaluating
22medical suitability for donation, to facilitate the donation
23process, and as required or permitted by existing law.
24    (d) The rights of the donee created by the gift are
25paramount to the rights of others except as provided by Section



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1    (e) If no gift has been executed under this Act, then no
2part of the decedent's body may be used for any purpose
3specified in this Act. Notwithstanding any other provision of
4this Act, if (i) the decedent is a fetus; and (ii) an abortion,
5as that term is defined in subsection (4) of Section 2 of the
6Illinois Abortion Law of 1975, has been performed on the
7decedent, then no part of the decedent's body may be used for
8any purposes specified in this Act.
9(Source: P.A. 98-172, eff. 1-1-14.)