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92_HB0446eng HB0446 Engrossed 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 5. The Uniform Anatomical Gift Act is amended by 5 changing Section 3 as follows: 6 (755 ILCS 50/3) (from Ch. 110 1/2, par. 303) 7 Sec. 3. Persons who may execute an anatomical gift. 8 (a) Any individual of sound mind who has attained the 9 age of 18 may give all or any part of his or her body for any 10 purpose specified in Section 4. Such a gift may be executed 11 in any of the ways set out in Section 5, and shall take 12 effect upon the individual's death without the need to obtain 13 the consent of any survivor. An anatomical gift made by an 14 agent of an individual, as authorized by the individual under 15 the Powers of Attorney for Health Care Law, as now or 16 hereafter amended, is deemed to be a gift by that individual 17 and takes effect without the need to obtain the consent of 18 any other person. 19 (b) If no gift has been executed under subsection (a), 20 any of the following persons, in the order of priority stated 21 in items (1) through (11)(6)below, when persons in prior 22 classes are not available and in the absence of (i) actual 23 notice of contrary intentions by the decedent and (ii) actual 24 notice of opposition by any member within the same priority 25 class, may give all or any part of the decedent's body after 26 or immediately before death for any purpose specified in 27 Section 4: 28 (1) the decedent's agent under a power of attorney 29 for health care, 30 (2) the decedent's surrogate decision maker under 31 the Health Care Surrogate Act, HB0446 Engrossed -2- LRB9200928DHmgA 1 (3) the decedent's guardian of the decedent, 2 (4)(1)the decedent's spouse, 3 (5)(2)the decedent's adult sons or daughters, 4 (6)(3)either of the decedent's parents, 5 (7)(4)any of the decedent's adult brothers or 6 sisters, 7 (8) any adult grandchild of the decedent, 8 (9) a close friend of the decedent, 9 (10)(5)the guardian of the decedent's estate 10decedent at the time of his or her death, 11 (11)(6)any person authorized or under obligation 12 to dispose of the body. 13 If the donee has actual notice of opposition to the gift 14 by the decedent or any person in the highest priority class 15 in which an available person can be found, then no gift of 16 all or any part of the decedent's body shall be accepted. 17 (c) For the purposes of this Act, a person will not be 18 considered "available" for the giving of consent or refusal 19 if: 20 (1) the existence of the person is unknown to the 21 donee and is not readily ascertainable through the 22 examination of the decedent's hospital records and the 23 questioning of any persons who are available for giving 24 consent; 25 (2) the donee has unsuccessfully attempted to 26 contact the person by telephone or in any other 27 reasonable manner; 28 (3) the person is unable or unwilling to respond in 29 a manner which indicates the person's refusal or consent. 30 (d) A gift of all or part of a body authorizes any 31 examination necessary to assure medical acceptability of the 32 gift for the purposes intended. 33 (e) The rights of the donee created by the gift are 34 paramount to the rights of others except as provided by HB0446 Engrossed -3- LRB9200928DHmgA 1 Section 8 (d). 2 (f) If no gift has been executed under this Section, 3 then no part of the decedent's body may be used for any 4 purpose specified in Section 4 of this Act, except in 5 accordance with the Organ Donation Request Act or the Corneal 6 Transplant Act. 7 (g) As used in this Section, "close friend" means any 8 person 18 years of age or older who has exhibited special 9 care and concern for the decedent and who presents an 10 affidavit to a representative of the hospital's designated 11 organ procurement agency or tissue bank stating that he or 12 she (i) is a close friend of the decedent, (ii) is willing 13 and able to become involved in the decedent's health care, 14 and (iii) has maintained sufficient regular contact with the 15 decedent to be familiar with the decedent's activities, 16 health, and religious and moral beliefs. The affidavit must 17 also state facts and circumstances that demonstrate that 18 familiarity. 19 (Source: P.A. 86-736.) 20 Section 10. The Illinois Corneal Transplant Act is 21 amended by changing Section 2 as follows: 22 (755 ILCS 55/2) (from Ch. 110 1/2, par. 352) 23 Sec. 2. (a) Objection to the removal of corneal tissue 24 may be made known to the coroner or county medical examiner 25 or authorized individual acting for the coroner or county 26 medical examiner by the individual during his lifetime or by 27 the following persons, in the order of priority stated, after 28 the decedent's death: 29 (1) The decedent's agent under a power of attorney 30 for health care; 31 (2) If there is no agent, the decedent's surrogate 32 decision maker under the Health Care Surrogate Act; HB0446 Engrossed -4- LRB9200928DHmgA 1 (3) If there is no agent and no surrogate decision 2 maker, the decedent's guardian of the person; 3 (4)(1)If there is no agent, no surrogate decision 4 maker, and no guardian of the person, the decedent's 5 spouse; 6 (5)(2)If there is no agent, no surrogate decision 7 maker, no guardian of the person, and no spouse, any of 8 the decedent's adult sons or daughters; 9 (6)(3)If there is no agent, no surrogate decision 10 maker, no guardian of the person, no spouse, and no adult 11 sons or daughters, either of the decedent's parents; 12 (7)(4)If there is no agent, no surrogate decision 13 maker, no guardian of the person, no spouse, no adult 14 sons or daughters, and no parents, any of the decedent's 15 adult brothers or sisters; 16 (8) If there is no agent, no surrogate decision 17 maker, no guardian of the person, no spouse, no adult 18 sons or daughters, no parents, and no adult brothers or 19 sisters, any adult grandchild of the decedent; 20 (9) If there is no agent, no surrogate decision 21 maker, no guardian of the person, no spouse, no adult 22 sons or daughters, no parents, no adult brothers or 23 sisters, and no adult grandchildren, a close friend of 24 the decedent; 25 (10)(5)If there is no agent, no surrogate 26 decision maker, no guardian of the person, no spouse, no 27 adult sons or daughters, no parents,andno adult 28 brothers or sisters, no adult grandchildren, and no close 29 friend, the guardian of the decedent's estate;decedent30at the time of his or her death.31 (11) If there is no agent, no surrogate decision 32 maker, no guardian of the person, no spouse, no adult 33 sons or daughters, no parents, no adult brothers or 34 sisters, no adult grandchildren, no close friend, and no HB0446 Engrossed -5- LRB9200928DHmgA 1 guardian of the decedent's estate, any person authorized 2 or under obligation to dispose of the body. 3 (b) If the coroner or county medical examiner or any 4 authorized individual acting for the coroner or county 5 medical examiner has actual notice of any contrary 6 indications by the decedent or actual notice that any member 7 within the same class specified in subsection (a), paragraphs 8 (1) through (11)(5)of this Section, in the same order of 9 priority, objects to the removal, the coroner or county 10 medical examiner shall not approve the removal of corneal 11 tissue. 12 (c) As used in this Section, "close friend" means any 13 person 18 years of age or older who has exhibited special 14 care and concern for the decedent and who presents an 15 affidavit to a representative of the hospital's designated 16 organ procurement agency or tissue bank stating that he or 17 she (i) is a close friend of the decedent, (ii) is willing 18 and able to become involved in the decedent's health care, 19 and (iii) has maintained sufficient regular contact with the 20 decedent to be familiar with the decedent's activities, 21 health, and religious and moral beliefs. The affidavit must 22 also state facts and circumstances that demonstrate that 23 familiarity. 24 (Source: P.A. 87-633.) 25 Section 15. The Organ Donation Request Act is amended by 26 changing Section 2 as follows: 27 (755 ILCS 60/2) (from Ch. 110 1/2, par. 752) 28 Sec. 2. Notification; consent; definitions. 29 (a) When, based upon generally accepted medical 30 standards, an inpatient in a general acute care hospital with 31 more than 100 beds is a suitable candidate for organ or 32 tissue donation and such patient has not made an anatomical HB0446 Engrossed -6- LRB9200928DHmgA 1 gift of all or any part of his or her body pursuant to 2 Section 5 of the Uniform Anatomical Gift Act, the hospital 3 administrator, or his or her designated representative, 4 shall, if the candidate is suitable for the donation of 5 organs at the time of or after notification of death, notify 6 the hospital's federally designated organ procurement agency. 7 The organ procurement agency shall request a consent for 8 organ donation according to the priority and conditions 9 established in subsection (b). In the case of a candidate 10 suitable for donation of tissue only, the hospital 11 administrator or his or her designated representative or 12 tissue bank shall, at the time of or shortly after 13 notification of death, request a consent for tissue donation 14 according to the priority need conditions established in 15 subsection (b). Alternative procedures for requesting 16 consent may be implemented by mutual agreement between a 17 hospital and a federally designated organ procurement agency 18 or tissue bank. 19 (b) In making a request for organ or tissue donation, 20 the hospital administrator or his or her designated 21 representative or the hospital's federally designated organ 22 procurement agency or tissue bank shall request any of the 23 following persons, in the order of priority stated in items 24 (1) through (11)(7)below, when persons in prior classes are 25 not available and in the absence of (i) actual notice of 26 contrary intentions by the decedent, (ii) actual notice of 27 opposition by any member within the same priority class, and 28 (iii) reason to believe that an anatomical gift is contrary 29 to the decedent's religious beliefs, to consent to the gift 30 of all or any part of the decedent's body for any purpose 31 specified in Section 4 of the Uniform Anatomical Gift Act: 32 (1) the decedent's agent under a power of attorney 33 for health carethe Powers of Attorney for Health Care34Law; HB0446 Engrossed -7- LRB9200928DHmgA 1 (2) the decedent's surrogate decision maker under 2 the Health Care Surrogate Act; 3 (3) the decedent's guardian of the person; 4 (4)(3)the decedent's spouse; 5 (5)(4)the decedent's adult sons or daughters; 6 (6)(5)either of the decedent's parents; 7 (7)(6)any of the decedent's adult brothers or 8 sisters; 9 (8) any adult grandchild of the decedent; 10 (9) a close friend of the decedent; 11 (10)(7)the guardian of the decedent's estate; 12decedent at the time of his or her death.13 (11) any person authorized or under obligation to 14 dispose of the body. 15 (b-1) As used in this Section, "close friend" means any 16 person 18 years of age or older who has exhibited special 17 care and concern for the decedent and who presents an 18 affidavit to a representative of the hospital's designated 19 organ procurement agency or tissue bank stating that he or 20 she (i) is a close friend of the decedent, (ii) is willing 21 and able to become involved in the decedent's health care, 22 and (iii) has maintained sufficient regular contact with the 23 decedent to be familiar with the decedent's activities, 24 health, and religious and moral beliefs. The affidavit must 25 also state facts and circumstances that demonstrate that 26 familiarity. 27 (c) If (1) the hospital administrator, or his or her 28 designated representative, the organ procurement agency, or 29 the tissue bank has actual notice of opposition to the gift 30 by the decedent or any person in the highest priority class 31 in which an available person can be found, or (2) there is 32 reason to believe that an anatomical gift is contrary to the 33 decedent's religious beliefs, or (3) the Director of Public 34 Health has adopted a rule signifying his determination that HB0446 Engrossed -8- LRB9200928DHmgA 1 the need for organs and tissues for donation has been 2 adequately met, then such gift of all or any part of the 3 decedent's body shall not be requested. If a donation is 4 requested, consent or refusal may only be obtained from the 5 person or persons in the highest priority class available. 6 If the hospital administrator, or his or her designated 7 representative, the designated organ procurement agency, or 8 the tissue bank is unable to obtain consent from any of the 9 persons named in items (1) through (11)(7)of subsection (b) 10(a)of this Section, the decedent's body shall not be used 11 for an anatomical gift unless a valid anatomical gift 12 document was executed under the Uniform Anatomical Gift Act 13 or the Corneal Transplant Act. 14 (d) For the purposes of this Act, a person will not be 15 considered "available" for the giving of consent or refusal 16 if: 17 (1) the existence of the person is unknown to the 18 hospital administrator or designee, organ procurement 19 agency, or tissue bank and is not readily ascertainable 20 through the examination of the decedent's hospital 21 records and the questioning of any persons who are 22 available for giving consent; 23 (2) the administrator or designee, organ 24 procurement agency, or tissue bank has unsuccessfully 25 attempted to contact the person by telephone or in any 26 other reasonable manner; 27 (3) the person is unable or unwilling to respond in 28 a manner which indicates the person's refusal or consent. 29 (e) For the purposes of this Act, "federally designated 30 organ procurement agency" means the organ procurement agency 31 designated by the Secretary of the U.S. Department of Health 32 and Human Services for the service area in which a hospital 33 is located; except that in the case of a hospital located in 34 a county adjacent to Wisconsin which currently contracts with HB0446 Engrossed -9- LRB9200928DHmgA 1 an organ procurement agency located in Wisconsin that is not 2 the organ procurement agency designated by the U.S. Secretary 3 of Health and Human Services for the service area in which 4 the hospital is located, if the hospital applies for a waiver 5 pursuant to 42 USC 1320b-8(a), it may designate an organ 6 procurement agency located in Wisconsin to be thereafter 7 deemed its federally designated organ procurement agency for 8 the purposes of this Act. 9 (f) For the purposes of this Act, "tissue bank" means 10 any facility or program operating in Illinois that is 11 certified by the American Association of Tissue Banks or the 12 Eye Bank Association of America and is involved in procuring, 13 furnishing, donating, or distributing corneas, bones, or 14 other human tissue for the purpose of injecting, transfusing, 15 or transplanting any of them into the human body. "Tissue 16 bank" does not include a licensed blood bank. 17 For the purposes of this Act, "tissue" does not include 18 organs. 19 (g) Nothing in Public Act 89-393this amendatory Act of201995alters any agreements or affiliations between tissue 21 banks and hospitals. 22 (Source: P.A. 89-393, eff. 8-20-95; revised 2-23-00.)