State of Illinois
91st General Assembly
Legislation

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91_HB2783enr

 
HB2783 Enrolled                                LRB9100322SMdv

 1        AN ACT to amend the Uniform Anatomical Gift Act by adding
 2    Section 4.5.

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

 5        Section 5.  The Uniform Anatomical Gift Act is amended by
 6    adding Section 4.5  as follows:

 7        (755 ILCS 50/4.5 new)
 8        Sec. 4.5.  Disability of recipient.
 9        (a)  No hospital, physician and surgeon, bank or  storage
10    facility,  or  other  person  shall  determine  the  ultimate
11    recipient  of  an  anatomical  gift  based  upon  a potential
12    recipient's physical or  mental  disability,  except  to  the
13    extent  that the physical or mental disability has been found
14    by  a  physician  and  surgeon,  following   a   case-by-case
15    evaluation  of  the  potential  recipient,  to  be  medically
16    significant to the provision of the anatomical  gift.
17        (b)  Subsection (a) shall apply to each part of the organ
18    transplant process.
19        (c)  The  court shall accord priority on its calendar and
20    handle expeditiously any action brought to  seek  any  remedy
21    authorized  by  law for purposes of enforcing compliance with
22    this Section.
23        (d)  This  Section  shall  not  be  deemed   to   require
24    referrals  or  recommendations  for  or  the  performance  of
25    medically inappropriate organ transplants.
26        (e)  As  used  in  this Section "disability" has the same
27    meaning as in the federal Americans with Disabilities Act  of
28    1990 (42 U.S.C. 12101 et seq., Public Law 101-336).

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