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92_HB0446ham001
LRB9200928DHmbam02
1 AMENDMENT TO HOUSE BILL 446
2 AMENDMENT NO. . Amend House Bill 446 as follows:
3 on page 1, by replacing lines 4 through 31 with the
4 following:
5 "Section 5. The Uniform Anatomical Gift Act is amended
6 by changing Section 3 as follows:
7 (755 ILCS 50/3) (from Ch. 110 1/2, par. 303)
8 Sec. 3. Persons who may execute an anatomical gift.
9 (a) Any individual of sound mind who has attained the
10 age of 18 may give all or any part of his or her body for any
11 purpose specified in Section 4. Such a gift may be executed
12 in any of the ways set out in Section 5, and shall take
13 effect upon the individual's death without the need to obtain
14 the consent of any survivor. An anatomical gift made by an
15 agent of an individual, as authorized by the individual under
16 the Powers of Attorney for Health Care Law, as now or
17 hereafter amended, is deemed to be a gift by that individual
18 and takes effect without the need to obtain the consent of
19 any other person.
20 (b) If no gift has been executed under subsection (a),
21 any of the following persons, in the order of priority stated
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1 in items (1) through (11) (6) below, when persons in prior
2 classes are not available and in the absence of (i) actual
3 notice of contrary intentions by the decedent and (ii) actual
4 notice of opposition by any member within the same priority
5 class, may give all or any part of the decedent's body after
6 or immediately before death for any purpose specified in
7 Section 4:
8 (1) the decedent's agent under a power of attorney
9 for health care,
10 (2) the decedent's surrogate decision maker under
11 the Health Care Surrogate Act,
12 (3) the decedent's guardian of the decedent,
13 (4) (1) the decedent's spouse,
14 (5) (2) the decedent's adult sons or daughters,
15 (6) (3) either of the decedent's parents,
16 (7) (4) any of the decedent's adult brothers or
17 sisters,
18 (8) any adult grandchild of the decedent,
19 (9) a close friend of the decedent,
20 (10) (5) the guardian of the decedent's estate
21 decedent at the time of his or her death,
22 (11) (6) any person authorized or under obligation
23 to dispose of the body.
24 If the donee 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, then no gift of
27 all or any part of the decedent's body shall be accepted.
28 (c) For the purposes of this Act, a person will not be
29 considered "available" for the giving of consent or refusal
30 if:
31 (1) the existence of the person is unknown to the
32 donee and is not readily ascertainable through the
33 examination of the decedent's hospital records and the
34 questioning of any persons who are available for giving
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1 consent;
2 (2) the donee has unsuccessfully attempted to
3 contact the person by telephone or in any other
4 reasonable manner;
5 (3) the person is unable or unwilling to respond in
6 a manner which indicates the person's refusal or consent.
7 (d) A gift of all or part of a body authorizes any
8 examination necessary to assure medical acceptability of the
9 gift for the purposes intended.
10 (e) The rights of the donee created by the gift are
11 paramount to the rights of others except as provided by
12 Section 8 (d).
13 (f) If no gift has been executed under this Section,
14 then no part of the decedent's body may be used for any
15 purpose specified in Section 4 of this Act, except in
16 accordance with the Organ Donation Request Act or the Corneal
17 Transplant Act.
18 (g) As used in this Section, "close friend" means any
19 person 18 years of age or older who has exhibited special
20 care and concern for the decedent and who presents an
21 affidavit to a representative of the hospital's designated
22 organ procurement agency or tissue bank stating that he or
23 she (i) is a close friend of the decedent, (ii) is willing
24 and able to become involved in the decedent's health care,
25 and (iii) has maintained sufficient regular contact with the
26 decedent to be familiar with the decedent's activities,
27 health, and religious and moral beliefs. The affidavit must
28 also state facts and circumstances that demonstrate that
29 familiarity.
30 (Source: P.A. 86-736.)
31 Section 10. The Illinois Corneal Transplant Act is
32 amended by changing Section 2 as follows:
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1 (755 ILCS 55/2) (from Ch. 110 1/2, par. 352)
2 Sec. 2. (a) Objection to the removal of corneal tissue
3 may be made known to the coroner or county medical examiner
4 or authorized individual acting for the coroner or county
5 medical examiner by the individual during his lifetime or by
6 the following persons, in the order of priority stated, after
7 the decedent's death:
8 (1) The decedent's agent under a power of attorney
9 for health care;
10 (2) If there is no agent, the decedent's surrogate
11 decision maker under the Health Care Surrogate Act;
12 (3) If there is no agent and no surrogate decision
13 maker, the decedent's guardian of the person;
14 (4) (1) If there is no agent, no surrogate decision
15 maker, and no guardian of the person, the decedent's
16 spouse;
17 (5) (2) If there is no agent, no surrogate decision
18 maker, no guardian of the person, and no spouse, any of
19 the decedent's adult sons or daughters;
20 (6) (3) If there is no agent, no surrogate decision
21 maker, no guardian of the person, no spouse, and no adult
22 sons or daughters, either of the decedent's parents;
23 (7) (4) If there is no agent, no surrogate decision
24 maker, no guardian of the person, no spouse, no adult
25 sons or daughters, and no parents, any of the decedent's
26 adult brothers or sisters;
27 (8) If there is no agent, no surrogate decision
28 maker, no guardian of the person, no spouse, no adult
29 sons or daughters, no parents, and no adult brothers or
30 sisters, any adult grandchild of the decedent;
31 (9) 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, and no adult grandchildren, a close friend of
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1 the decedent;
2 (10) (5) If there is no agent, no surrogate
3 decision maker, no guardian of the person, no spouse, no
4 adult sons or daughters, no parents, and no adult
5 brothers or sisters, no adult grandchildren, and no close
6 friend, the guardian of the decedent's estate; decedent
7 at the time of his or her death.
8 (11) If there is no agent, no surrogate decision
9 maker, no guardian of the person, no spouse, no adult
10 sons or daughters, no parents, no adult brothers or
11 sisters, no adult grandchildren, no close friend, and no
12 guardian of the decedent's estate, any person authorized
13 or under obligation to dispose of the body.
14 (b) If the coroner or county medical examiner or any
15 authorized individual acting for the coroner or county
16 medical examiner has actual notice of any contrary
17 indications by the decedent or actual notice that any member
18 within the same class specified in subsection (a), paragraphs
19 (1) through (8) (5) of this Section, in the same order of
20 priority, objects to the removal, the coroner or county
21 medical examiner shall not approve the removal of corneal
22 tissue.
23 (c) As used in this Section, "close friend" means any
24 person 18 years of age or older who has exhibited special
25 care and concern for the decedent and who presents an
26 affidavit to a representative of the hospital's designated
27 organ procurement agency or tissue bank stating that he or
28 she (i) is a close friend of the decedent, (ii) is willing
29 and able to become involved in the decedent's health care,
30 and (iii) has maintained sufficient regular contact with the
31 decedent to be familiar with the decedent's activities,
32 health, and religious and moral beliefs. The affidavit must
33 also state facts and circumstances that demonstrate that
34 familiarity.
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1 (Source: P.A. 87-633.)
2 Section 15. The Organ Donation Request Act is amended by
3 changing Section 2 as follows:
4 (755 ILCS 60/2) (from Ch. 110 1/2, par. 752)
5 Sec. 2. Notification; consent; definitions.
6 (a) When, based upon generally accepted medical
7 standards, an inpatient in a general acute care hospital with
8 more than 100 beds is a suitable candidate for organ or
9 tissue donation and such patient has not made an anatomical
10 gift of all or any part of his or her body pursuant to
11 Section 5 of the Uniform Anatomical Gift Act, the hospital
12 administrator, or his or her designated representative,
13 shall, if the candidate is suitable for the donation of
14 organs at the time of or after notification of death, notify
15 the hospital's federally designated organ procurement agency.
16 The organ procurement agency shall request a consent for
17 organ donation according to the priority and conditions
18 established in subsection (b). In the case of a candidate
19 suitable for donation of tissue only, the hospital
20 administrator or his or her designated representative or
21 tissue bank shall, at the time of or shortly after
22 notification of death, request a consent for tissue donation
23 according to the priority need conditions established in
24 subsection (b). Alternative procedures for requesting
25 consent may be implemented by mutual agreement between a
26 hospital and a federally designated organ procurement agency
27 or tissue bank.
28 (b) In making a request for organ or tissue donation,
29 the hospital administrator or his or her designated
30 representative or the hospital's federally designated organ
31 procurement agency or tissue bank shall request any of the
32 following persons, in the order of priority stated in items
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1 (1) through (11) (7) below, when persons in prior classes are
2 not available and in the absence of (i) actual notice of
3 contrary intentions by the decedent, (ii) actual notice of
4 opposition by any member within the same priority class, and
5 (iii) reason to believe that an anatomical gift is contrary
6 to the decedent's religious beliefs, to consent to the gift
7 of all or any part of the decedent's body for any purpose
8 specified in Section 4 of the Uniform Anatomical Gift Act:
9 (1) the decedent's agent under a power of attorney
10 for health care the Powers of Attorney for Health Care
11 Law;
12 (2) the decedent's surrogate decision maker under
13 the Health Care Surrogate Act;
14 (3) the decedent's guardian of the person;
15 (4) (3) the decedent's spouse;
16 (5) (4) the decedent's adult sons or daughters;
17 (6) (5) either of the decedent's parents;
18 (7) (6) any of the decedent's adult brothers or
19 sisters;
20 (8) any adult grandchild of the decedent;
21 (9) a close friend of the decedent;
22 (10) (7) the guardian of the decedent's estate;
23 decedent at the time of his or her death.
24 (11) any person authorized or under obligation to
25 dispose of the body.
26 (b-1) As used in this Section, "close friend" means any
27 person 18 years of age or older who has exhibited special
28 care and concern for the decedent and who presents an
29 affidavit to a representative of the hospital's designated
30 organ procurement agency or tissue bank stating that he or
31 she (i) is a close friend of the decedent, (ii) is willing
32 and able to become involved in the decedent's health care,
33 and (iii) has maintained sufficient regular contact with the
34 decedent to be familiar with the decedent's activities,
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1 health, and religious and moral beliefs. The affidavit must
2 also state facts and circumstances that demonstrate that
3 familiarity.
4 (c) If (1) the hospital administrator, or his or her
5 designated representative, the organ procurement agency, or
6 the tissue bank has actual notice of opposition to the gift
7 by the decedent or any person in the highest priority class
8 in which an available person can be found, or (2) there is
9 reason to believe that an anatomical gift is contrary to the
10 decedent's religious beliefs, or (3) the Director of Public
11 Health has adopted a rule signifying his determination that
12 the need for organs and tissues for donation has been
13 adequately met, then such gift of all or any part of the
14 decedent's body shall not be requested. If a donation is
15 requested, consent or refusal may only be obtained from the
16 person or persons in the highest priority class available.
17 If the hospital administrator, or his or her designated
18 representative, the designated organ procurement agency, or
19 the tissue bank is unable to obtain consent from any of the
20 persons named in items (1) through (11) (7) of subsection (b)
21 (a) of this Section, the decedent's body shall not be used
22 for an anatomical gift unless a valid anatomical gift
23 document was executed under the Uniform Anatomical Gift Act
24 or the Corneal Transplant Act.
25 (d) For the purposes of this Act, a person will not be
26 considered "available" for the giving of consent or refusal
27 if:
28 (1) the existence of the person is unknown to the
29 hospital administrator or designee, organ procurement
30 agency, or tissue bank and is not readily ascertainable
31 through the examination of the decedent's hospital
32 records and the questioning of any persons who are
33 available for giving consent;
34 (2) the administrator or designee, organ
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1 procurement agency, or tissue bank has unsuccessfully
2 attempted to contact the person by telephone or in any
3 other reasonable manner;
4 (3) the person is unable or unwilling to respond in
5 a manner which indicates the person's refusal or consent.
6 (e) For the purposes of this Act, "federally designated
7 organ procurement agency" means the organ procurement agency
8 designated by the Secretary of the U.S. Department of Health
9 and Human Services for the service area in which a hospital
10 is located; except that in the case of a hospital located in
11 a county adjacent to Wisconsin which currently contracts with
12 an organ procurement agency located in Wisconsin that is not
13 the organ procurement agency designated by the U.S. Secretary
14 of Health and Human Services for the service area in which
15 the hospital is located, if the hospital applies for a waiver
16 pursuant to 42 USC 1320b-8(a), it may designate an organ
17 procurement agency located in Wisconsin to be thereafter
18 deemed its federally designated organ procurement agency for
19 the purposes of this Act.
20 (f) For the purposes of this Act, "tissue bank" means
21 any facility or program operating in Illinois that is
22 certified by the American Association of Tissue Banks or the
23 Eye Bank Association of America and is involved in procuring,
24 furnishing, donating, or distributing corneas, bones, or
25 other human tissue for the purpose of injecting, transfusing,
26 or transplanting any of them into the human body. "Tissue
27 bank" does not include a licensed blood bank.
28 For the purposes of this Act, "tissue" does not include
29 organs.
30 (g) Nothing in Public Act 89-393 this amendatory Act of
31 1995 alters any agreements or affiliations between tissue
32 banks and hospitals.
33 (Source: P.A. 89-393, eff. 8-20-95; revised 2-23-00.)"; and
34 by deleting pages 2 through 9.