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92_HB0446enr HB0446 Enrolled LRB9200928DHmgA 1 AN ACT concerning organ transplantation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Department of Public Health Powers and 5 Duties Law of the Civil Administrative Code of Illinois is 6 amended by adding Section 2310-396 as follows: 7 (20 ILCS 2310/2310-396 new) 8 Sec. 2310-396. Organ Donation Task Force. The 9 Department shall establish an Organ Donation Task Force to 10 study the various laws and rules regarding organ donation to 11 determine whether consolidation or other changes in the laws 12 or rules are needed to facilitate organ donation in Illinois. 13 The Director shall appoint the members of the Task Force and 14 shall determine the number of members to be appointed. The 15 members of the Task Force shall include representatives of 16 the Illinois Hospital and HealthSystems Association, the 17 Illinois State Medical Society, organ procurement agencies, 18 the Illinois Eye Bank, and any other entities deemed 19 appropriate by the Director. 20 Section 5. The Uniform Anatomical Gift Act is amended by 21 changing Section 3 as follows: 22 (755 ILCS 50/3) (from Ch. 110 1/2, par. 303) 23 Sec. 3. Persons who may execute an anatomical gift. 24 (a) Any individual of sound mind who has attained the 25 age of 18 may give all or any part of his or her body for any 26 purpose specified in Section 4. Such a gift may be executed 27 in any of the ways set out in Section 5, and shall take 28 effect upon the individual's death without the need to obtain 29 the consent of any survivor. An anatomical gift made by an HB0446 Enrolled -2- LRB9200928DHmgA 1 agent of an individual, as authorized by the individual under 2 the Powers of Attorney for Health Care Law, as now or 3 hereafter amended, is deemed to be a gift by that individual 4 and takes effect without the need to obtain the consent of 5 any other person. 6 (b) If no gift has been executed under subsection (a), 7 any of the following persons, in the order of priority stated 8 in items (1) through (9)(6)below, when persons in prior 9 classes are not available and in the absence of (i) actual 10 notice of contrary intentions by the decedent and (ii) actual 11 notice of opposition by any member within the same priority 12 class, may give all or any part of the decedent's body after 13 or immediately before death for any purpose specified in 14 Section 4: 15 (1) the decedent's agent under a power of attorney 16 for health care which provides specific direction 17 regarding organ donation, 18 (2)(1)the decedent's spouse, 19 (3)(2)the decedent's adult sons or daughters, 20 (4)(3)either of the decedent's parents, 21 (5)(4)any of the decedent's adult brothers or 22 sisters, 23 (6) any adult grandchild of the decedent, 24 (7)(5)the guardian of the decedent's estate 25decedent at the time of his or her death, 26 (8) the decedent's surrogate decision maker under 27 the Health Care Surrogate Act, 28 (9)(6)any person authorized or under obligation 29 to dispose of the body. 30 If the donee has actual notice of opposition to the gift 31 by the decedent or any person in the highest priority class 32 in which an available person can be found, then no gift of 33 all or any part of the decedent's body shall be accepted. 34 (c) For the purposes of this Act, a person will not be HB0446 Enrolled -3- LRB9200928DHmgA 1 considered "available" for the giving of consent or refusal 2 if: 3 (1) the existence of the person is unknown to the 4 donee and is not readily ascertainable through the 5 examination of the decedent's hospital records and the 6 questioning of any persons who are available for giving 7 consent; 8 (2) the donee has unsuccessfully attempted to 9 contact the person by telephone or in any other 10 reasonable manner; 11 (3) the person is unable or unwilling to respond in 12 a manner which indicates the person's refusal or consent. 13 (d) A gift of all or part of a body authorizes any 14 examination necessary to assure medical acceptability of the 15 gift for the purposes intended. 16 (e) The rights of the donee created by the gift are 17 paramount to the rights of others except as provided by 18 Section 8 (d). 19 (f) If no gift has been executed under this Section, 20 then no part of the decedent's body may be used for any 21 purpose specified in Section 4 of this Act, except in 22 accordance with the Organ Donation Request Act or the Corneal 23 Transplant Act. 24 (Source: P.A. 86-736.) 25 Section 10. The Illinois Corneal Transplant Act is 26 amended by changing Section 2 as follows: 27 (755 ILCS 55/2) (from Ch. 110 1/2, par. 352) 28 Sec. 2. (a) Objection to the removal of corneal tissue 29 may be made known to the coroner or county medical examiner 30 or authorized individual acting for the coroner or county 31 medical examiner by the individual during his lifetime or by 32 the following persons, in the order of priority stated, after HB0446 Enrolled -4- LRB9200928DHmgA 1 the decedent's death: 2 (1) The decedent's agent under a power of attorney 3 for health care which provides specific direction 4 regarding organ donation; 5 (2)(1)The decedent's spouse; 6 (3)(2) If there is no spouse, any ofThe 7 decedent's adult sons or daughters; 8 (4)(3) If there is no spouse and no adult sons or9daughters,Either of the decedent's parents; 10 (5)(4) If there is no spouse, no adult sons or11daughters, and no parents,Any of the decedent's adult 12 brothers or sisters; 13 (6) Any adult grandchild of the decedent; 14 (7)(5) If there is no spouse, no adult sons or15daughters, no parents, and no adult brothers or sisters,16 The guardian of the decedent's estate;decedent at the17time of his or her death.18 (8) The decedent's surrogate decision maker under 19 the Health Care Surrogate Act; 20 (9) Any person authorized or under obligation to 21 dispose of the body. 22 (b) If the coroner or county medical examiner or any 23 authorized individual acting for the coroner or county 24 medical examiner has actual notice of any contrary 25 indications by the decedent or actual notice that any member 26 within the same class specified in subsection (a), paragraphs 27 (1) through (9)(5)of this Section, in the same order of 28 priority, objects to the removal, the coroner or county 29 medical examiner shall not approve the removal of corneal 30 tissue. 31 (Source: P.A. 87-633.) 32 Section 15. The Organ Donation Request Act is amended by 33 changing Section 2 as follows: HB0446 Enrolled -5- LRB9200928DHmgA 1 (755 ILCS 60/2) (from Ch. 110 1/2, par. 752) 2 Sec. 2. Notification; consent; definitions. 3 (a) When, based upon generally accepted medical 4 standards, an inpatient in a general acute care hospital with 5 more than 100 beds is a suitable candidate for organ or 6 tissue donation and such patient has not made an anatomical 7 gift of all or any part of his or her body pursuant to 8 Section 5 of the Uniform Anatomical Gift Act, the hospital 9 administrator, or his or her designated representative, 10 shall, if the candidate is suitable for the donation of 11 organs at the time of or after notification of death, notify 12 the hospital's federally designated organ procurement agency. 13 The organ procurement agency shall request a consent for 14 organ donation according to the priority and conditions 15 established in subsection (b). In the case of a candidate 16 suitable for donation of tissue only, the hospital 17 administrator or his or her designated representative or 18 tissue bank shall, at the time of or shortly after 19 notification of death, request a consent for tissue donation 20 according to the priority need conditions established in 21 subsection (b). Alternative procedures for requesting 22 consent may be implemented by mutual agreement between a 23 hospital and a federally designated organ procurement agency 24 or tissue bank. 25 (b) In making a request for organ or tissue donation, 26 the hospital administrator or his or her designated 27 representative or the hospital's federally designated organ 28 procurement agency or tissue bank shall request any of the 29 following persons, in the order of priority stated in items 30 (1) through (9)(7)below, when persons in prior classes are 31 not available and in the absence of (i) actual notice of 32 contrary intentions by the decedent, (ii) actual notice of 33 opposition by any member within the same priority class, and 34 (iii) reason to believe that an anatomical gift is contrary HB0446 Enrolled -6- LRB9200928DHmgA 1 to the decedent's religious beliefs, to consent to the gift 2 of all or any part of the decedent's body for any purpose 3 specified in Section 4 of the Uniform Anatomical Gift Act: 4 (1) the decedent's agent under a power of attorney 5 for health care which provides specific direction 6 regarding organ donationthe Powers of Attorney for7Health Care Law; 8(2) the decedent's surrogate decision maker under9the Health Care Surrogate Act;10 (2)(3)the decedent's spouse; 11 (3)(4)the decedent's adult sons or daughters; 12 (4)(5)either of the decedent's parents; 13 (5)(6)any of the decedent's adult brothers or 14 sisters; 15 (6) any adult grandchild of the decedent; 16 (7) the guardian of the decedent's estate;decedent17at the time of his or her death.18 (8) the decedent's surrogate decision maker under 19 the Health Care Surrogate Act; 20 (9) any person authorized or under obligation to 21 dispose of the body. 22 (c) If (1) the hospital administrator, or his or her 23 designated representative, the organ procurement agency, or 24 the tissue bank has actual notice of opposition to the gift 25 by the decedent or any person in the highest priority class 26 in which an available person can be found, or (2) there is 27 reason to believe that an anatomical gift is contrary to the 28 decedent's religious beliefs, or (3) the Director of Public 29 Health has adopted a rule signifying his determination that 30 the need for organs and tissues for donation has been 31 adequately met, then such gift of all or any part of the 32 decedent's body shall not be requested. If a donation is 33 requested, consent or refusal may only be obtained from the 34 person or persons in the highest priority class available. HB0446 Enrolled -7- LRB9200928DHmgA 1 If the hospital administrator, or his or her designated 2 representative, the designated organ procurement agency, or 3 the tissue bank is unable to obtain consent from any of the 4 persons named in items (1) through (9)(7)of subsection (b) 5(a)of this Section, the decedent's body shall not be used 6 for an anatomical gift unless a valid anatomical gift 7 document was executed under the Uniform Anatomical Gift Act 8 or the Corneal Transplant Act. 9 (d) For the purposes of this Act, a person will not be 10 considered "available" for the giving of consent or refusal 11 if: 12 (1) the existence of the person is unknown to the 13 hospital administrator or designee, organ procurement 14 agency, or tissue bank and is not readily ascertainable 15 through the examination of the decedent's hospital 16 records and the questioning of any persons who are 17 available for giving consent; 18 (2) the administrator or designee, organ 19 procurement agency, or tissue bank has unsuccessfully 20 attempted to contact the person by telephone or in any 21 other reasonable manner; 22 (3) the person is unable or unwilling to respond in 23 a manner which indicates the person's refusal or consent. 24 (e) For the purposes of this Act, "federally designated 25 organ procurement agency" means the organ procurement agency 26 designated by the Secretary of the U.S. Department of Health 27 and Human Services for the service area in which a hospital 28 is located; except that in the case of a hospital located in 29 a county adjacent to Wisconsin which currently contracts with 30 an organ procurement agency located in Wisconsin that is not 31 the organ procurement agency designated by the U.S. Secretary 32 of Health and Human Services for the service area in which 33 the hospital is located, if the hospital applies for a waiver 34 pursuant to 42 USC 1320b-8(a), it may designate an organ HB0446 Enrolled -8- LRB9200928DHmgA 1 procurement agency located in Wisconsin to be thereafter 2 deemed its federally designated organ procurement agency for 3 the purposes of this Act. 4 (f) For the purposes of this Act, "tissue bank" means 5 any facility or program operating in Illinois that is 6 certified by the American Association of Tissue Banks or the 7 Eye Bank Association of America and is involved in procuring, 8 furnishing, donating, or distributing corneas, bones, or 9 other human tissue for the purpose of injecting, transfusing, 10 or transplanting any of them into the human body. "Tissue 11 bank" does not include a licensed blood bank. 12 For the purposes of this Act, "tissue" does not include 13 organs. 14 (g) Nothing in Public Act 89-393this amendatory Act of151995alters any agreements or affiliations between tissue 16 banks and hospitals. 17 (Source: P.A. 89-393, eff. 8-20-95; revised 2-23-00.)