745 ILCS 40/ Blood and Organ Transaction Liability Act.

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745 ILCS 40/0.01

(745 ILCS 40/0.01) (from Ch. 111 1/2, par. 5100)

Sec. 0.01.

Short title.

This Act may be cited as the

Blood and Organ Transaction Liability Act.

(Source: P.A. 86-1324.)

745 ILCS 40/1

(745 ILCS 40/1) (from Ch. 111 1/2, par. 5101)

Sec. 1.

Declaration
of public policy.
The availability of scientific knowledge, skills and materials for the
purpose of injecting, transfusing or transplanting human whole blood,
plasma, blood products, blood derivatives and products, corneas, bones, or
organs or other human tissue is important to the health and welfare of the
people of this State. The imposition of legal liability without fault upon
the persons and organizations engaged in such scientific procedures
inhibits the exercise of sound medical judgment and restricts the
availability of important scientific knowledge, skills and materials. It is
therefore the public policy of this State to promote the health and welfare
of the people by limiting the legal liability arising out of such
scientific procedures to instances of negligence or willful misconduct.

(Source: P.A. 77-184.)

745 ILCS 40/2

(745 ILCS 40/2) (from Ch. 111 1/2, par. 5102)

Sec. 2.

Limitation of liability.

The procuring, furnishing, donating, processing, distributing or
using human whole blood, plasma, blood products, blood derivatives and
products, corneas, bones, or organs or other human tissue for the
purpose of injecting, transfusing or transplanting any of them in the
human body is declared for purposes of liability in tort or contract to
be the rendition of a service by every person, firm or corporation
participating therein, whether or not any remuneration is paid therefor,
and is declared not to be a sale of any such items and no warranties of
any kind or description nor strict tort liability shall be applicable
thereto, except as provided in Section 3.

(Source: P.A. 77-184.)

745 ILCS 40/3

(745 ILCS 40/3) (from Ch. 111 1/2, par. 5103)

Sec. 3.

Imposition of liability.

Every person, firm or corporation involved in the rendition of any of
the services described in Section 2 warrants to the person, firm or
corporation receiving the service and to the ultimate recipient that he
has exercised due care and followed professional standards of care in
providing the service according to the current state of the medical
arts, and in the case of a service involving blood or blood derivatives
that he has rendered such service in accordance with "The Blood Labeling
Act", effective October 1, 1972.

(Source: P.A. 78-31.)