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| Public Act 102-0096 | ||||
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AN ACT concerning health.
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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 Secretary of State Act is amended by adding | ||||
Section 35 as follows: | ||||
(15 ILCS 305/35 new) | ||||
Sec. 35. Task Force on Best Practices and Licensing of | ||||
Non-Transplant Organ Donation Organizations. | ||||
(a) The General Assembly finds and declares that: | ||||
(1) Non-transplant organ donation organizations that | ||||
accept or process whole body donations or body parts not | ||||
for transplantation owe a duty of transparency and | ||||
safekeeping to the donor and his or her next of kin. | ||||
Medical and scientific research is critical to a continued | ||||
understanding of the human body, disease, and training the | ||||
next generation of medical professionals, funeral home | ||||
directors, coroners, and mortuary students. Non-transplant | ||||
organ donation organizations do not include organizations | ||||
that receive body parts for the purposes of | ||||
transplantation. | ||||
(2) Recently, non-transplant organizations that | ||||
receive or process whole body donation or body part | ||||
donation not for transplantation purposes, have misused or | ||||
mishandled donor bodies and body parts. | ||
(3) Neither State nor federal law adequately regulates | ||
this industry. | ||
(b) As used in this Section, "Task Force" means the Task | ||
Force on Best Practices and Licensing of Non-Transplant Organ | ||
Donation Organizations. | ||
(c) There is created a Task Force on Best Practices and | ||
Licensing of Non-Transplant Organ Donation Organizations to | ||
review and report on national standards for best practices in | ||
relation to the licensing and regulation of organizations that | ||
solicit or accept non-transplantation whole bodies and body | ||
parts, including licensing standards, State regulation, | ||
identification of bodies and body parts, and sanctions. The | ||
goal of the Task Force is to research the industry, | ||
investigate State and local standards, and provide | ||
recommendations to the General Assembly and Office of the | ||
Governor. | ||
(d) The Task Force's report shall include, but not be | ||
limited to, standards for organizations that accept whole body | ||
and body part donation, the application process for licensure, | ||
best practices regarding consent, the identification, | ||
labeling, handling and return of bodies and body parts to | ||
ensure proper end-use and return to the next of kin, and best | ||
practices for ensuring donors and next of kin are treated with | ||
transparency and dignity. The report shall also evaluate and | ||
make a recommendation as to the area of State government most | ||
appropriate for licensing organizations and regulation of the | ||
industry. The report shall also make a recommendation on | ||
legislation to enact the findings of the Task Force. | ||
(e) The Task Force shall meet no less than 5 times between | ||
the effective date of this amendatory Act of the 102nd General | ||
Assembly and December 31, 2021. The Task Force shall prepare a | ||
report that summarizes its work and makes recommendations | ||
resulting from its review. The Task Force shall submit the | ||
report of its findings and recommendations to the Governor and | ||
General Assembly no later than January 15, 2022. | ||
(f) The Task Force shall consist of the following 8 | ||
members: | ||
(1) the Secretary of State or his or her designee; | ||
(2) one member appointed by the Secretary of State | ||
from the Department of Organ Donor of the Office of the | ||
Secretary of State; | ||
(3) one member appointed by the President of the | ||
Senate; | ||
(4) one member appointed by the Minority Leader of the | ||
Senate; | ||
(5) one member appointed by the Speaker of the House | ||
of Representatives; | ||
(6) one member appointed by the Minority Leader of the | ||
House of Representatives; | ||
(7) one member appointed by the Director of Public | ||
Health; and | ||
(8) one member from a University or Mortuary School | ||
that has experience in receiving whole body donations, | ||
appointed by the Governor. | ||
(g) The Secretary of State shall designate which member | ||
shall serve as chairperson and facilitate the Task Force. The | ||
members of the Task Force shall be appointed no later than 90 | ||
days after the effective date of this amendatory Act of the | ||
102nd General Assembly. Vacancies in the membership of the | ||
Task Force shall be filled in the same manner as the original | ||
appointment. The members of the Task Force shall not receive | ||
compensation for serving as members of the Task Force. | ||
(h) The Office of the Secretary of State shall provide the | ||
Task Force with administrative and other support. | ||
(i) This Section is repealed on July 1, 2022.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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