104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0087 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: See Index Creates the Consensual Non-Transplant Donation Regulation Act. Provides for licensing of non-transplant anatomical donation organizations by the Department of Public Health. Sets forth requirements for licensed non-transplant anatomical donation organizations, including application and renewal fees, penalties for failing to comply with the Act, and enforcement of the Act's provisions. Provides for deposit of licensing and renewal fees in the Public Health Licensing Fund, a special fund created in the State treasury. Provides that fines accruing from a conviction under the Act shall be paid into the common school fund of the county in which the offense was committed. Sets forth conditions under which a licensee must update a license or license application. Sets forth conditions under which the Department may deny, suspend or revoke, a license, or assess a civil penalty against a licensee. Provides for a universal donor consent form and sets forth requirements for the form. Sets forth requirements for donor records and record retention policies. Sets forth requirements for labeling and packaging the non-transplant anatomical donation. Provides for final disposition of a non-transplant anatomical donation. Sets forth general responsibilities and environmental standards for licensees. Provides for transportation standards while transporting non-transplant anatomical donations. Provides screening standards for end users by licensees. Makes conforming changes in the State Finance Act, Vital Records Act, Illinois Vehicle Code, and Illinois Anatomical Gift Act. Effective immediately. LRB104 06664 BAB 16700 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0087 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: See Index See Index Creates the Consensual Non-Transplant Donation Regulation Act. Provides for licensing of non-transplant anatomical donation organizations by the Department of Public Health. Sets forth requirements for licensed non-transplant anatomical donation organizations, including application and renewal fees, penalties for failing to comply with the Act, and enforcement of the Act's provisions. Provides for deposit of licensing and renewal fees in the Public Health Licensing Fund, a special fund created in the State treasury. Provides that fines accruing from a conviction under the Act shall be paid into the common school fund of the county in which the offense was committed. Sets forth conditions under which a licensee must update a license or license application. Sets forth conditions under which the Department may deny, suspend or revoke, a license, or assess a civil penalty against a licensee. Provides for a universal donor consent form and sets forth requirements for the form. Sets forth requirements for donor records and record retention policies. Sets forth requirements for labeling and packaging the non-transplant anatomical donation. Provides for final disposition of a non-transplant anatomical donation. Sets forth general responsibilities and environmental standards for licensees. Provides for transportation standards while transporting non-transplant anatomical donations. Provides screening standards for end users by licensees. Makes conforming changes in the State Finance Act, Vital Records Act, Illinois Vehicle Code, and Illinois Anatomical Gift Act. Effective immediately. LRB104 06664 BAB 16700 b LRB104 06664 BAB 16700 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0087 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Consensual Non-Transplant Donation Regulation Act. Provides for licensing of non-transplant anatomical donation organizations by the Department of Public Health. Sets forth requirements for licensed non-transplant anatomical donation organizations, including application and renewal fees, penalties for failing to comply with the Act, and enforcement of the Act's provisions. Provides for deposit of licensing and renewal fees in the Public Health Licensing Fund, a special fund created in the State treasury. Provides that fines accruing from a conviction under the Act shall be paid into the common school fund of the county in which the offense was committed. Sets forth conditions under which a licensee must update a license or license application. Sets forth conditions under which the Department may deny, suspend or revoke, a license, or assess a civil penalty against a licensee. Provides for a universal donor consent form and sets forth requirements for the form. Sets forth requirements for donor records and record retention policies. Sets forth requirements for labeling and packaging the non-transplant anatomical donation. Provides for final disposition of a non-transplant anatomical donation. Sets forth general responsibilities and environmental standards for licensees. Provides for transportation standards while transporting non-transplant anatomical donations. Provides screening standards for end users by licensees. Makes conforming changes in the State Finance Act, Vital Records Act, Illinois Vehicle Code, and Illinois Anatomical Gift Act. Effective immediately.
LRB104 06664 BAB 16700 b LRB104 06664 BAB 16700 b
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A BILL FOR
SB0087LRB104 06664 BAB 16700 b SB0087 LRB104 06664 BAB 16700 b
SB0087 LRB104 06664 BAB 16700 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Consensual Non-Transplant Donation Regulation Act.
6 Section 5. Definitions. As used in this Act:
7 "Accrediting body" means a nationally recognized agency
8 approved by the Department that provides certification for a
9 business organization operating a non-transplant anatomical
10 donation organization.
11 "Arranger" means the individual who is talking with,
12 coordinating with, facilitating, or presenting the option of
13 non-transplant anatomical donation to a potential donor,
14 donor's family, or responsible authorizing agent on behalf of
15 a non-transplant anatomical donation organization. With
16 regards to the Secretary of State's role in non-transplant
17 anatomical donation under Section 6-117 of the Illinois
18 Vehicle Code, the Secretary of State shall not be considered
19 the arranger.
20 "Chain of custody record" means a record that establishes
21 the continuous control of a uniquely identified body, body
22 parts, or human remains.
23 "Department" means the Department of Public Health.
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0087 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Consensual Non-Transplant Donation Regulation Act. Provides for licensing of non-transplant anatomical donation organizations by the Department of Public Health. Sets forth requirements for licensed non-transplant anatomical donation organizations, including application and renewal fees, penalties for failing to comply with the Act, and enforcement of the Act's provisions. Provides for deposit of licensing and renewal fees in the Public Health Licensing Fund, a special fund created in the State treasury. Provides that fines accruing from a conviction under the Act shall be paid into the common school fund of the county in which the offense was committed. Sets forth conditions under which a licensee must update a license or license application. Sets forth conditions under which the Department may deny, suspend or revoke, a license, or assess a civil penalty against a licensee. Provides for a universal donor consent form and sets forth requirements for the form. Sets forth requirements for donor records and record retention policies. Sets forth requirements for labeling and packaging the non-transplant anatomical donation. Provides for final disposition of a non-transplant anatomical donation. Sets forth general responsibilities and environmental standards for licensees. Provides for transportation standards while transporting non-transplant anatomical donations. Provides screening standards for end users by licensees. Makes conforming changes in the State Finance Act, Vital Records Act, Illinois Vehicle Code, and Illinois Anatomical Gift Act. Effective immediately.
LRB104 06664 BAB 16700 b LRB104 06664 BAB 16700 b
LRB104 06664 BAB 16700 b
A BILL FOR
See Index
LRB104 06664 BAB 16700 b
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1 "Director" means the Director of Public Health.
2 "Distribution" means a process that includes selection and
3 evaluation of intended use of non-transplant anatomical
4 material or a non-transplant anatomical donation, a human
5 body, or human body part for release to an education facility
6 or a research facility according to State law.
7 "Donor" means a person who has knowingly consented in
8 accordance with applicable law to the transfer of a person's
9 deceased body or body part, not for use in transplantation,
10 for education, research, or the advancement of medical,
11 dental, or mortuary science.
12 "Donor's family" means the next of kin to the donor with
13 the legal authority to consent to non-transplant anatomical
14 donation on behalf of the donor in accordance with Section 5-5
15 of the Illinois Anatomical Gift Act.
16 "End user" means the education or research institution
17 that receives the non-transplant anatomical donation from a
18 licensed non-transplant anatomical donation organization.
19 (1) A "primary end user" is the donor's, donor's
20 family's, or the responsible authorizing agent's first in
21 priority choice of an education or research institution to
22 receive the non-transplant anatomical material under this
23 Act.
24 (2) A "secondary end user" is the donor's, donor's
25 family's, or the responsible authorizing agent's second in
26 priority choice of an education or research institution to
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1 receive the non-transplant anatomical material under this
2 Act.
3 "Entity" means a non-transplant anatomical donation
4 organization that is accredited, licensed, or approved under
5 federal law or the laws of this State to engage in the
6 recovery, screening, testing, processing, distribution, or
7 storage of human bodies or body parts.
8 "Exceptional release" means non-transplant anatomical
9 material that is approved for usage before a donor
10 acceptability assessment or by a researcher requesting
11 non-transplant anatomical material that would not normally
12 meet the established acceptability criteria.
13 "Environmental services" means activities such as
14 housekeeping, laundry, facility maintenance, or equipment
15 maintenance.
16 "Final disposition" means the final disposal of
17 non-transplant anatomical material or a non-transplant
18 anatomical donation through incineration, cremation,
19 bio-cremation, burial, full depletion by virtue of a
20 particular use, or by another legal means.
21 "Education" means the use of a human body or body parts for
22 teaching or training individuals, including, but not limited
23 to, medical, dental, or mortuary science students or
24 professionals, with regard to the anatomy and characteristics
25 of the human body, disease detection, and such other uses as
26 may be specified by the Department by rule.
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1 "Human body" means a deceased human body or non-transplant
2 anatomical donation.
3 "Human body part" or "body part" means an organ, tissue,
4 eye, bone, blood vessel, or any other portion of a human body
5 that is subject to an anatomical gift or other transfer made
6 under State law. "Human body part" does not include blood
7 drawn for medical purposes or a growing cell line.
8 "Institution" means a facility established by law for the
9 purpose of education, research, or the advancement of medical,
10 dental, or mortuary science.
11 "Licensee" means a person to whom the Department has
12 issued a license to operate a non-transplant anatomical
13 donation organization.
14 "Misuse" means to use non-transplant anatomical material
15 and non-transplant anatomical donations for purposes other
16 than education or research.
17 "Non-transplant anatomical donation" means a donation of a
18 whole body, organ, or tissue authorized and used for education
19 and research prior to release to distribution inventory.
20 "Non-transplant anatomical material" means a whole body or
21 part of a body donated for use in education or research that
22 has been prepared, packaged, labeled, and released to
23 distribution inventory.
24 "Non-transplant anatomical donation organization" means an
25 entity that is accredited, licensed, or approved under federal
26 law or State law to engage in the recovery, screening,
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1 testing, processing, distribution, or storage of human bodies
2 or body parts for purposes of education, research or the
3 advancement of medical, dental, or mortuary science.
4 "Research" does not include an autopsy or examination
5 conducted as part of a criminal investigation.
6 "Responsible authorizing party" means an individual with
7 the legal authority to consent to non-transplant anatomical
8 donation on behalf of a donor in accordance with Section 5-5 of
9 the Illinois Anatomical Gift Act.
10 "Secondary specific use consent" means the opportunity for
11 a donor's family or responsible authorizing agent to modify
12 the specific use the donor, the donor's family, or responsible
13 authorizing agent consented to in the universal donor consent
14 form.
15 "Specific use" means the specified purpose, whether
16 education or research related, consented to by the donor, the
17 donor's family, or a responsible authorizing agent to a
18 specified end user consented to by the donor, the donor's
19 family, or a responsible authorizing agent within the
20 universal donor consent form.
21 "Storage" means a designated area that contains equipment,
22 instruments, and supplies necessary to maintain non-transplant
23 anatomical donations or non-transplant anatomical material
24 until distribution or final disposition.
25 "Transfer" means to move from a non-transplant anatomical
26 donation organization to an institution.
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1 "Unique identifier" means providing the deceased with
2 individual identification, through tagging, numbering, QR
3 code, or other individualized means, that is affixed to the
4 dead body, the body bag, and any body part, organ, or tissue
5 separated from the deceased to be used in non-transplant
6 anatomical donation in order to prevent misidentification of
7 human remains.
8 "Universal donor consent form" means the legal record of a
9 gift of non-transplant anatomical material permitting and
10 defining acquisition and specific use of non-transplant
11 anatomical material for education and research.
12 Section 10. License required. Except as provided by this
13 Act, no person shall open, manage, conduct, offer, maintain,
14 or advertise as a non-transplant anatomical donation
15 organization without a valid license issued by the Department.
16 A non-transplant anatomical donation organization established
17 by law to conduct business in the State of Illinois that
18 acquires or transfers a human body or human body part for
19 education, research, or the advancement of medical, dental, or
20 mortuary science, and not for use in human transplantation,
21 shall register and be licensed by the Department at such time
22 and in such manner as the Department may require. All
23 non-transplant anatomical donation organizations in existence
24 on the effective date of this Act shall obtain a valid license
25 to operate within 2 years after the adoption of rules by the
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1 Department to implement this Act.
2 Section 15. Contents of license application. An applicant
3 for a license or license renewal under this Section shall
4 submit an application to the Department containing such
5 information as the Department may require by rule on the
6 activities to be carried out pursuant to licensure. Unless
7 otherwise set forth by administrative rule, the application
8 shall include:
9 (1) the name of the applicant, including all trade
10 names under which the applicant conducts business;
11 (2) the date on which the applicant first began or
12 will begin commencing activities described in this Act;
13 (3) a list of all addresses at which the applicant
14 conducts business;
15 (4) a description of the premises and equipment used
16 by the applicant;
17 (5) a description of the types of service provided by
18 the applicant;
19 (6) identification of all officers and administrators
20 of the applicant;
21 (7) an attestation that the applicant will keep
22 records, including, but not limited to, the chain of
23 custody record, in accordance with the requirements of
24 this Act;
25 (8) an attestation that the applicant will use the
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1 universal donor consent form in accordance with the
2 requirements of this Act;
3 (9) an attestation that the applicant will uniquely
4 identify all human bodies or human body parts in
5 accordance with the requirements of this Act; and
6 (10) an acknowledgment that the Department will be
7 permitted to inspect the premises and records of the
8 applicant as to the items and in the manner prescribed in
9 this Act.
10 Section 20. Accreditation; licensure; renewal; fees;
11 penalties; enforcement.
12 (a) An entity may not act as a non-transplant anatomical
13 donation organization in this State unless the entity is
14 accredited and licensed by the Department as a non-transplant
15 anatomical donation organization. The entity shall apply in
16 writing to the Department on a form specified by the Director,
17 which shall include all information requested in the
18 application, and shall pay the fees prescribed by the
19 Department by rule.
20 (b) The Director shall grant a license to an entity if:
21 (1) the organization is accredited by a nationally
22 recognized accrediting agency that is approved by the
23 Department and maintains full accreditation with the
24 accrediting agency; and
25 (2) the entity meets other requirements prescribed by
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1 the Department by rule.
2 (c) Each non-transplant anatomical donation organization
3 applying for a license or license renewal shall pay all
4 applicable fees as prescribed by the Department by rule. All
5 fees collected for the license and license renewal of
6 non-transplant anatomical donation organizations shall be
7 deposited into the Public Health Licensing Fund, a special
8 fund created in the State treasury, to be used by the
9 Department for the administration and enforcement of this Act.
10 (d) The Director may sanction, impose civil penalties on,
11 suspend the license of, or revoke the license of a
12 non-transplant anatomical donation organization and may
13 sanction or impose civil penalties on any person who is an
14 owner, officer, agent, or employee of a non-transplant
15 anatomical donation organization if the person is in or
16 continues to be in violation of this Act or rules adopted by
17 the Department under this Act.
18 (e) Any person or entity operating as a non-transplant
19 anatomical donation organization without proper accreditation
20 or licensure in this State shall be subject to criminal
21 prosecution and civil penalties as provided under Section 85
22 and any applicable rules.
23 Section 25. Other fees.
24 (a) The Department shall establish a fee for licensure
25 under Section 10 and renewal under Section 30.
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1 (b) The Department shall determine the amount of licensing
2 fees under this Act, taking into consideration, among other
3 things, the projected implementation, enforcement, and
4 inspection costs associated with this Act.
5 (c) Every fine accruing from a conviction under this Act
6 shall be paid into the common school fund of the county in
7 which the offense was committed.
8 Section 30. License renewal. The Department shall require
9 that the license of an applicant be renewed by the applicant
10 every 2 years.
11 Section 35. Change of information.
12 (a) Not later than 30 days after any change of any
13 information listed under Section 15, an applicant or licensee
14 shall notify the Department of the change in writing as
15 prescribed by the Department.
16 (b) A licensee shall notify the Department in writing at
17 least 30 calendar days before the date of:
18 (1) termination of operation, including, but not
19 limited to, the proposed termination date and the address
20 and contact information for the location where the
21 non-transplant anatomical donation organization records
22 will be retained, if applicable;
23 (2) a proposed modification that alters the area for
24 tissue recovery, if applicable;
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1 (3) a change in the non-transplant anatomical donation
2 organization's legal name;
3 (4) a change in the legal name of a licensee,
4 including the licensee's new name; and
5 (5) a change in the address of the non-transplant
6 anatomical donation organization, including the new
7 address.
8 (c) A licensee shall notify the Department in writing no
9 later than 30 calendar days after the date of:
10 (1) a change in the non-transplant anatomical donation
11 organization's email address or mailing address, including
12 the new email address or mailing address of the
13 non-transplant anatomical donation organization;
14 (2) a change in the email address or telephone number
15 of the licensee, including the new email address or
16 telephone number;
17 (3) a change in an administrator or medical director,
18 including his or her name and email address; and
19 (4) a change in the name or contact information of an
20 officer affiliated with the licensee, including the name
21 and contact information of the new officer.
22 (d) If the Department receives notification of termination
23 of operation, the Department shall void the licensee's license
24 to operate a non-transplant anatomical donation organization
25 on the termination date specified by the licensee.
26 (e) If the Department receives notification of a proposed
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1 modification that alters the area for tissue recovery, the
2 Department:
3 (1) may conduct an inspection of the premises; and
4 (2) shall issue to the licensee an amended license
5 that incorporates the modification and retains the
6 expiration date of the existing license, if the
7 non-transplant anatomical donation organization is in
8 compliance.
9 (f) If the Department receives a notification of a legal
10 name change for a non-transplant anatomical donation
11 organization, the Department shall issue to the licensee an
12 amended license showing the licensee's changed legal name.
13 (g) If the Department receives notice of a change in the
14 legal name of a licensee, the Department shall void the
15 licensee's license to operate and issue a new license to
16 operate with the licensee's changed legal name.
17 (h) If the Department receives notice for a change in the
18 address of a non-transplant anatomical donation organization,
19 the Department shall require and review an amended application
20 for a license.
21 (i) An individual or business organization planning to
22 assume operation of an existing non-transplant anatomical
23 donation organization shall obtain a new license before
24 beginning operation.
25 Section 40. Denial; suspension; revocation; enforcement.
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1 (a) The Department may:
2 (1) deny a license;
3 (2) suspend or revoke a license; or
4 (3) assess a civil penalty against a licensee.
5 (b) The Department may deny an application or suspend or
6 revoke a license to operate a non-transplant anatomical
7 donation organization if:
8 (1) an applicant or licensee does not meet the
9 application requirements;
10 (2) a licensee does not comply with any statutory
11 requirements or requirements of the Department;
12 (3) a licensee does not correct a deficiency
13 identified during an inspection according to the plan of
14 correction;
15 (4) an applicant or licensee provides false or
16 misleading information as part of an application or
17 inspection; or
18 (5) the nature or number of violations revealed by any
19 type of inspection or investigation of a non-transplant
20 anatomical donation organization pose a direct risk to the
21 life, health, or safety of individuals on the premises or
22 the public at large.
23 (c) In determining which action is appropriate, the
24 Department may consider:
25 (1) repeated violations of statutes or rules;
26 (2) a pattern of violations;
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1 (3) the severity of violations; and
2 (4) the number of violations.
3 (d) The Department may suspend or revoke a non-transplant
4 anatomical donation organization's license if the Department
5 receives notice from the organization's accrediting body that
6 the organization's accreditation has been suspended or
7 revoked. An applicant or licensee may seek administrative
8 review of the Department's determination.
9 Section 45. Inspections. The Department shall inspect a
10 licensee's premises at least annually and any time after it
11 receives a complaint or notice of a violation.
12 Section 50. Universal donor consent form; non-transplant
13 anatomical donation. The Department shall create a universal
14 donor consent form that allows a donor, the donor's family, or
15 responsible authorizing agent to consent to non-transplant
16 anatomical donation.
17 (1) The universal donor consent form shall include:
18 (A) the name of the donor and name of the donor's
19 family member or responsible authorizing agent, if
20 applicable;
21 (B) the contact information for donor, donor's
22 family, or responsible authorizing agent;
23 (C) the definitions of "education" and "research"
24 as provided in Section 5 of this Act;
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1 (D) the specific use consented to by the donor,
2 donor's family, or responsible authorizing agent of
3 the non-transplant anatomical material;
4 (E) uses of non-transplant anatomical material
5 that the donor, donor's family, or responsible
6 authorizing agent does not consent to;
7 (F) the end user or list of end users the donor,
8 donor's family, or authorizing agent consents to;
9 (G) a description of how, if the specific use
10 consented to by the donor, donor's family, or
11 responsible authorizing agent cannot be executed, the
12 donor's family or responsible authorizing agent shall
13 be contacted to execute secondary specific use consent
14 in accordance with the procedure provided in Section
15 60 of this Act;
16 (H) the contact information for the individual
17 with the authority to execute secondary specific use
18 consent;
19 (I) an explanation of how remains would be
20 returned, if applicable;
21 (J) the name, phone number, and license number for
22 the arranger;
23 (K) a statement that provides the donor, donor's
24 family, or responsible authorizing agent with
25 information regarding who to direct questions to;
26 (L) a statement that the non-transplant anatomical
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1 material will be treated with dignity at all times;
2 and
3 (M) a statement that the non-transplant anatomical
4 material may require international export to an end
5 user; and
6 (2) The universal donor consent form shall direct a
7 potential donor, the donor's family, or responsible
8 authorizing agent to websites that:
9 (A) answer frequently asked questions;
10 (B) allow a potential donor, the donor's family,
11 or responsible authorizing agent to verify whether a
12 specific non-transplant anatomical donation
13 organization holds a valid license with the
14 Department; and
15 (C) provide a resource to contact if the donor,
16 the donor's family, or responsible authorizing agent
17 alleges a violation of this Act.
18 Section 55. Specific use.
19 (a) The Department shall establish rules, regarding the
20 donor's, donor's family's, or responsible authorizing agent's
21 consented specific use of the non-transplant anatomical
22 material, in accordance with the procedures provided for in
23 this Section.
24 (b) When the donor, donor's family, or responsible
25 authorizing agent consent to the gift of a non-transplant
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1 anatomical donation, the donor, donor's family, or responsible
2 authorizing agent shall be provided the opportunity to consent
3 to the specific use of the non-transplant anatomical material.
4 (c) On the universal donor consent form, the donor,
5 donor's family, or responsible authorizing agent shall be
6 permitted to consent to the non-transplant anatomical donation
7 for the following purposes:
8 (1) education purposes, including, but not limited to,
9 the training of new doctors;
10 (2) research purposes, including, but not limited to,
11 military advancements, vehicle safety, specific medical
12 research such as curing a specified ailment held by the
13 donor; or
14 (3) a specific education or research purpose.
15 (d) On the universal donor consent form, the donor,
16 donor's family, or responsible authorizing agent shall be
17 permitted to specify that the donor, donor's family, or
18 responsible authorizing agent does not consent to the
19 non-transplant anatomical donation for the following purposes:
20 (1) education purposes, including, but not limited to,
21 the training of new doctors; or
22 (2) research purposes, including, but not limited to,
23 military advancements, vehicle safety, or specific medical
24 research such as curing a specified ailment held by the
25 donor; or
26 (3) a specific education or research purpose.
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1 (e) On the universal donor consent form, the donor,
2 donor's family, or responsible authorizing agent shall be
3 permitted to specify a primary end user who the donor, donor's
4 family, or responsible authorizing agent consents may receive
5 the donor's non-transplant anatomical material. The donor,
6 donor's family, or responsible authorizing agent shall be
7 permitted to specify a secondary end user who the donor,
8 donor's family, or responsible authorizing agent consents may
9 receive the donor's non-transplant anatomical material if the
10 primary end user is unable to accept the non-transplant
11 anatomical donation for any reason, including that the primary
12 end user cannot satisfy the donor, donor's family, or
13 responsible authorizing agent's consented purpose in
14 subsections (c) and (d) of this Section.
15 (f) If the specific use, including the consented purpose
16 and end user, that the donor, donor's family, or responsible
17 authorizing agent has consented to cannot be satisfied for any
18 reason, the Department shall establish rules that require a
19 licensee under this Act to contact the donor, donor's family,
20 or responsible authorizing agent to execute secondary specific
21 use consent in accordance with Section 60 of this Act. At this
22 time, the licensee is required to notify the donor's family or
23 responsible authorizing agent that if the consented secondary
24 specific use cannot be satisfied, the donor's family or
25 responsible authorizing agent is responsible for final
26 disposition as the donation will not be accepted.
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1 (g) If the licensee can honor the secondary specific use
2 consented to by the donor's family or responsible authorizing
3 agent, the licensee may transfer the non-transplant anatomical
4 material to the end user.
5 (h) If the licensee cannot satisfy the secondary specific
6 use consented to by the donor's family or responsible
7 authorizing agent, the licensee may not transfer the
8 non-transplant anatomical material to an end user. The
9 licensee shall preserve the decedent's body and no donation
10 shall be made.
11 Section 60. Secondary specific use consent.
12 (a) The Department shall establish rules regarding the
13 donor's, donor's family's, or responsible authorizing agent's
14 secondary specific use consent of the non-transplant
15 anatomical material, in accordance with the procedures
16 provided for in this Section.
17 (b) If the specific use, including the consented purpose
18 and end user, that the donor, donor's family, or responsible
19 authorizing agent has consented to cannot be satisfied for any
20 reason, the donor's family or responsible authorizing agent
21 shall be given an opportunity from the licensee to provide
22 secondary specific use consent.
23 (c) A licensee shall notify the donor's family or
24 responsible authorizing agent that the specific use consented
25 to in the universal donor consent form cannot be satisfied.
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1 The licensee may provide the donor's family or responsible
2 authorizing agent with options for secondary specific use
3 consent based on the current demand for non-transplant
4 anatomical material for specific uses and specific end users.
5 The licensee may provide the donor's family or responsible
6 authorizing agent with the ability to provide secondary
7 specific use consent for any education or research purpose to
8 any end user. The licensee shall notify the donor's family or
9 responsible authorizing agent that if the secondary specific
10 use consented to by the donor's family or responsible
11 authorizing agent cannot be satisfied, the licensee shall
12 preserve the body and no donation shall be made.
13 (d) If the licensee can honor the secondary specific use
14 consented to by the donor's family or responsible authorizing
15 agent, the licensee may transfer the non-transplant anatomical
16 material to the end user.
17 (e) If the licensee cannot satisfy the secondary specific
18 use consented to by donor's family or responsible authorizing
19 agent, the licensee may not transfer the non-transplant
20 anatomical material to an end user. The licensee shall
21 preserve the decedent's body and no donation shall be made.
22 Section 65. Donor records.
23 (a) A non-transplant anatomical donation organization
24 shall maintain a legible, reproducible record for each donor
25 from whom it releases non-transplant anatomical material for
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1 at least 10 years after the date of final disposition.
2 (b) To ensure traceability of a non-transplant anatomical
3 donation and non-transplant anatomical material, a
4 non-transplant anatomical donation organization shall:
5 (1) document each procedure performed on a
6 non-transplant anatomical donation and non-transplant
7 anatomical material related to processing and storing
8 non-transplant anatomical donations and non-transplant
9 anatomical material;
10 (2) for each document created under paragraph (1),
11 include:
12 (A) the donor's unique identifier;
13 (B) the date, time, and location for each
14 procedure completed; and
15 (C) the name of the technician who performed the
16 procedure; and
17 (3) submit or have a contracted funeral home submit
18 information required to register the death of a
19 non-transplant anatomical donation within 7 calendar days
20 after receiving the non-transplant anatomical donation, if
21 applicable.
22 (c) A donor record shall be:
23 (1) confidential;
24 (2) kept in a location with controlled access;
25 (3) stored in a manner to prevent unauthorized access;
26 and
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1 (4) maintained in a manner to preserve the donor
2 record's completeness and accuracy.
3 (d) A donor record shall include at least the following:
4 (1) donor information that includes:
5 (A) the donor's name;
6 (B) the donor's unique identifier;
7 (C) the donor's date of birth and date of death;
8 and
9 (D) the name and contact information of the person
10 responsible for a donor's anatomical gift, if
11 applicable;
12 (2) an executed universal consent form that contains
13 the consented to specific use of the non-transplant
14 anatomical material;
15 (3) a secondary specific use consent, if applicable;
16 (4) a document of authorization, which is a legal
17 record of the gift, to take place postmortem, permitting
18 and defining the scope of the postmortem acquisition and
19 use of non-transplant anatomical material for education
20 and research, signed or otherwise recorded by the
21 authorizing person;
22 (5) a document of anatomical gift, which is the
23 donor's legal record of the gift of non-transplant
24 anatomical material permitting and defining the scope of
25 the postmortem acquisition and use of non-transplant
26 anatomical material for education and research;
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1 (6) an authorization of gift, which must be signed or
2 otherwise recorded by an individual authorized by law to
3 make a gift during the donor's lifetime;
4 (7) the donor's death record;
5 (8) the human remains release form, if applicable;
6 (9) information for a death record, if applicable for
7 transporting human remains into the State;
8 (10) a disposition transit permit, if applicable;
9 (11) a medical examiner's release of information, if
10 applicable;
11 (12) chain of custody record;
12 (13) medical records, including:
13 (A) a donor's physical assessment;
14 (B) a risk assessment questionnaire;
15 (C) pathology and laboratory testing and reports;
16 (D) physician summaries, if applicable;
17 (E) transfusion or infusion information, if
18 applicable; and
19 (F) plasma dilution calculations if applicable;
20 (14) information from the donor referral source;
21 (15) donor eligibility;
22 (16) a donor acceptability assessment;
23 (17) a physical assessment questionnaire;
24 (18) documentation related to distribution;
25 (19) serological results, if applicable;
26 (20) a cremation authorization document;
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1 (21) documentation related to non-transplant
2 anatomical material recovery, storage, and distribution
3 activities;
4 (22) final disposition documentation, including the
5 chain of custody record; and
6 (23) documentation of the suspected misuse or harm to
7 the donor, if any.
8 (e) A donor's record shall be accessible to:
9 (1) an agent legally authorized to have access, or an
10 individual designated at the time a donor gives consent;
11 (2) an individual appointed by a court or authorized
12 by State law;
13 (3) an individual of a non-transplant anatomical
14 donation organization as identified by policies and
15 procedures;
16 (4) an individual from an approved accrediting body,
17 if applicable; and
18 (5) an individual from the Department or other
19 regulatory agency authorized by State or federal laws or
20 rules adopted by the Department.
21 (f) Except for a donor record that must be maintained for a
22 period of 10 years after final disposition, a non-transplant
23 anatomical donation organization shall maintain documentation
24 required under this Act for at least 3 years after the date of
25 the documentation and shall provide copies of the
26 documentation to the Department for review upon request.
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1 Section 70. Recordkeeping.
2 (a) A licensee shall compile or maintain a record for each
3 case in which the licensee acquires a human body, human body
4 part, or non-transplant anatomical donation.
5 (b) A record shall contain the following information and
6 any additional information required by the Department:
7 (1) documentation that the donor has knowingly
8 consented to the transfer of the human body or human body
9 part, not for use in transplantation, for education,
10 research, or the advancement of medical, dental, or
11 mortuary science in accordance with all applicable laws
12 pertaining to the final disposition of human remains;
13 (2) documentation that the donor has been informed of
14 the obligation of the licensee as to the proper disposal
15 of the human body or human body part;
16 (3) the date and time of the donation or transfer from
17 the donor;
18 (4) the name of the person, including any trade or
19 business name, who transferred the human body or human
20 body part to the licensee, if applicable;
21 (5) the full name and most recent address of the
22 donor;
23 (6) a description of the human body or human body part
24 being acquired or transferred;
25 (7) the medical history of the donor, including the
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1 autopsy report if any autopsy was conducted;
2 (8) the identity and address of each person who has
3 been in possession of the human body or human body part
4 prior to the registrant, including any funeral home,
5 coroner, hospital, organ procurement organization, or
6 tissue bank;
7 (9) documentation of the use and final disposition of
8 each human body or human body part by the licensee;
9 (10) documentation of the name and address of each
10 person to whom the licensee transfers the human body or
11 human body part; and
12 (11) the implementation and maintenance of protocols
13 and materials for procedures to properly screen end users.
14 (c) A licensee shall maintain the following records for 10
15 years after the last date of tissue distribution:
16 (1) a copy of recorded consent of the donation
17 authorization;
18 (2) a copy of the donor's death certificate and
19 transit permit issued by the state where the death
20 occurred;
21 (3) a copy of the donor's physical assessment and risk
22 assessment questionnaire;
23 (4) a copy of the donor's serological results, if
24 applicable; and
25 (5) a copy of all documentation relating to tissue
26 recovery, storage, and distribution activities.
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1 Section 75. Labeling and packaging.
2 (a) A licensee shall ensure that all human bodies and
3 human body parts in the possession of, or transferred by, the
4 licensee are labeled and packaged in accordance with this
5 Section.
6 (b) Unless the Department specifies otherwise by rule, all
7 anatomical material in a licensee's possession shall be
8 affixed with a unique identifier. Each body part, organ, or
9 tissue of the deceased that is separated from the body shall
10 have its own additional identification that corresponds to the
11 unique identifier of the deceased.
12 (c) A licensee shall ensure the unique identifier affixed
13 to the anatomical materials or the packaging of the anatomical
14 materials corresponds to the donor's file, which includes the
15 following information:
16 (1) the proper name of the donor;
17 (2) a description of the contents of the package
18 indicating whether it is a human body or human body parts,
19 including a list of all human body parts;
20 (3) the name, address, and license and registration
21 number of the person transferring the human body or human
22 body part;
23 (4) the tissue types of the human body or human body
24 part;
25 (5) the cause of death of the donor, if applicable and
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1 known;
2 (6) serological test results, if any results exist;
3 (7) any known infectious disease agents of the human
4 body or human body part;
5 (8) a statement about the use of personal protective
6 equipment and universal precautions when handling a human
7 body or human body part as required by law; and
8 (9) the statement "not for transplantation".
9 (d) Unless the Department specifies otherwise by rule,
10 each human body or human body part under this Section shall be
11 wrapped and packaged in a manner that:
12 (1) mitigates potential contamination and cross
13 contamination;
14 (2) mitigates potential safety hazards;
15 (3) is sealed to prevent leakage; and
16 (4) ensures the integrity of the human body or human
17 body part.
18 (e) The Department shall enforce the unique identifier
19 requirement on all licensees under its jurisdiction that are
20 required to fulfill this requirement.
21 Section 80. Final disposition. A licensee shall ensure the
22 proper final disposition of a human body, human body part, or
23 non-transplant anatomical material, in accordance with
24 applicable federal and State law, by:
25 (1) returning the human body, human body part,
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1 non-transplant anatomical material, or cremains to the
2 donor's family or responsible authorizing agent of the
3 donor within a time frame designated by the non-transplant
4 anatomical donation organization at the time donation is
5 established;
6 (2) carrying out the final disposition of the human
7 body or human body part as set forth in Section 4 of the
8 Cadaver Act; or
9 (3) if the licensee is releasing the human body or
10 human body part to another institution, contracting with
11 the institution to assume the obligations described in
12 this Act.
13 Section 85. Violations.
14 (a) Any person, entity, officer, or administrator who
15 violates a requirement of this Act shall be guilty of a Class 4
16 felony.
17 (b) The Department may suspend or revoke the license of
18 any licensee found to be in violation of this Act.
19 (c) It is a violation of this Act for any person or entity
20 to alter or falsify any information on a label required under
21 Section 75.
22 Section 90. General responsibilities.
23 (a) A licensee shall provide a copy of a renewed
24 accreditation to the Department within 30 calendar days after
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1 the date of issuance.
2 (b) A licensee shall ensure that a non-transplant
3 anatomical donation organization facility is in a building
4 that provides a separate and designated area for tissue
5 recovery.
6 (c) A licensee shall ensure policies and procedures are
7 established, documented, and implemented that cover:
8 (1) labeling;
9 (2) packaging, including a packaging insert form that
10 discloses the disease status of tissue to end users;
11 (3) transport;
12 (4) distribution; and
13 (5) final disposition.
14 Section 95. General plant standards; environmental
15 services. A licensee shall ensure that a non-transplant
16 anatomical donation organization:
17 (1) has preparation rooms that:
18 (A) are maintained in a clean and sanitary
19 condition at all times;
20 (B) are only used for examining and preparing a
21 non-transplant anatomical donation;
22 (C) contain equipment, instruments, and supplies
23 necessary for examining and preparing a non-transplant
24 anatomical donation and are disinfected or sterilized,
25 as applicable, after each use to protect the health
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1 and safety of technicians and personnel members;
2 (D) have sanitary flooring, drainage, and
3 ventilation;
4 (E) have proper and convenient receptacles for
5 refuse, bandages, and all other waste materials; and
6 (F) are thoroughly cleansed and disinfected with a
7 1% solution of chlorinated soda, or other suitable and
8 effective disinfectant, immediately after examining
9 and preparing each non-transplant anatomical material;
10 and
11 (2) has equipment at the non-transplant anatomical
12 donation organization that is:
13 (A) sufficient to support the service;
14 (B) maintained in working condition;
15 (C) maintained in a clean and sanitary condition;
16 (D) used according to the manufacturer's
17 recommendations;
18 (E) if used during an examination or preparation
19 of a non-transplant anatomical donation, cleaned and
20 sanitized after every use; and
21 (F) if applicable, tested and calibrated according
22 to the manufacturer's recommendations or, if there are
23 no manufacturer's recommendations, according to
24 policies and procedures approved by the Department.
25 Section 100. Transportation standards.
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1 (a) If a non-transplant anatomical donation organization
2 owns and maintains a vehicle for transporting non-transplant
3 anatomical material, an administrator shall ensure that the
4 vehicle is:
5 (1) not used for a purpose other than transporting
6 non-transplant anatomical donations and non-transplant
7 anatomical material or conducting non-transplant
8 anatomical donation organization business;
9 (2) only operated by a procurement organization
10 technician or designated individual authorized to
11 transport non-transplant anatomical donations or
12 non-transplant anatomical material;
13 (3) maintained in clean and sanitary condition; and
14 (4) locked and secured at all times during transport
15 of non-transplant anatomical donations or non-transplant
16 anatomical material.
17 (b) If using a vehicle other than the vehicle described
18 under subsection (a) for transporting a non-transplant
19 anatomical donation or non-transplant anatomical material, an
20 administrator shall ensure that the vehicle:
21 (1) is properly equipped for the transportation of
22 non-transplant anatomical material;
23 (2) is compliant with all State and federal laws and
24 rules pertaining to transporting humans remains; and
25 (3) if transport is by air, complies with applicable
26 standards established by the International Air Transport
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1 Association and Transportation Security Administration.
2 (c) An administrator shall ensure that non-transplant
3 anatomical donations and non-transplant anatomical material
4 transported into the State have information of death
5 documentation prior to transport.
6 Section 105. End user.
7 (a) A licensee shall establish, document, and implement
8 policies and procedures to properly screen an end user that
9 include:
10 (1) a written request for non-transplant anatomical
11 material, including:
12 (A) the name, address, and affiliation of
13 educators or research institutions accepting
14 responsibility for the acceptance, use, and final
15 disposition of the non-transplant anatomical material;
16 (B) a description of the intended use;
17 (C) the date and the approximate duration of
18 non-transplant anatomical material use;
19 (D) a description of the venue in which the
20 non-transplant anatomical material will be used and
21 the security measures for the safe and ethical
22 utilization of the venue;
23 (E) an assurance that precautions will be used
24 when handling non-transplant anatomical material;
25 (F) the proposed final disposition of the
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1 non-transplant anatomical material;
2 (G) an agreement to comply with the licensee's
3 policies, if applicable;
4 (H) an outline of proposed materials to be
5 disseminated in connection with the use of
6 non-transplant anatomical material, if applicable; and
7 (I) other supporting documentation that is
8 relevant to the request; and
9 (2) the criteria for approving requested
10 non-transplant anatomical material for use, including:
11 (A) the acceptability of the educator and
12 researcher for non-transplant anatomical material
13 utilization;
14 (B) the appropriateness of the intended use;
15 (C) the type of venue in which the non-transplant
16 anatomical material will be used; a licensee shall
17 determine that a hotel or other building held out to
18 the public to be a place where lodging is offered for
19 consideration to travelers and guests is not a
20 suitable venue for the use of non-transplant
21 anatomical material.
22 (D) the proposed final disposition of the
23 non-transplant anatomical material, unless returned to
24 the non-transplant anatomical donation organization;
25 and
26 (E) proposed research materials.
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1 (b) A licensee shall establish, document, and implement a
2 procedure that allows end users to request an exceptional
3 release of non-transplant anatomical material.
4 Section 900. The State Finance Act is amended by adding
5 Section 5.1030 as follows:
6 (30 ILCS 105/5.1030 new)
7 Sec. 5.1030. The Public Health Licensing Fund.
8 Section 905. The Vital Records Act is amended by changing
9 Sections 1 and 21.7 as follows:
10 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
11 Sec. 1. As used in this Act, unless the context otherwise
12 requires:
13 (1) "Vital records" means records of births, deaths, fetal
14 deaths, marriages, dissolution of marriages, and data related
15 thereto.
16 (2) "System of vital records" includes the registration,
17 collection, preservation, amendment, and certification of
18 vital records, and activities related thereto.
19 (3) "Filing" means the presentation of a certificate,
20 report, or other record provided for in this Act, of a birth,
21 death, fetal death, adoption, marriage, or dissolution of
22 marriage, for registration by the Office of Vital Records.
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1 (4) "Registration" means the acceptance by the Office of
2 Vital Records and the incorporation in its official records of
3 certificates, reports, or other records provided for in this
4 Act, of births, deaths, fetal deaths, adoptions, marriages, or
5 dissolution of marriages.
6 (5) "Live birth" means the complete expulsion or
7 extraction from its mother of a product of human conception,
8 irrespective of the duration of pregnancy, which after such
9 separation breathes or shows any other evidence of life such
10 as beating of the heart, pulsation of the umbilical cord, or
11 definite movement of voluntary muscles, whether or not the
12 umbilical cord has been cut or the placenta is attached.
13 (6) "Fetal death" means death prior to the complete
14 expulsion or extraction from the uterus of a product of human
15 conception, irrespective of the duration of pregnancy, and
16 which is not due to an abortion as defined in Section 1-10 of
17 the Reproductive Health Act. The death is indicated by the
18 fact that after such separation the fetus does not breathe or
19 show any other evidence of life such as beating of the heart,
20 pulsation of the umbilical cord, or definite movement of
21 voluntary muscles.
22 (7) "Dead body" means a lifeless human body or parts of
23 such body or bones thereof from the state of which it may
24 reasonably be concluded that death has occurred.
25 (8) "Final disposition" means the burial, cremation, or
26 other disposition of a dead human body or fetus or parts
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1 thereof.
2 (9) "Physician" means a person licensed to practice
3 medicine in Illinois or any other state.
4 (10) "Institution" means any establishment, public or
5 private, which provides in-patient medical, surgical, or
6 diagnostic care or treatment, or nursing, custodial, or
7 domiciliary care to 2 or more unrelated individuals, or to
8 which persons are committed by law.
9 (11) "Department" means the Department of Public Health of
10 the State of Illinois.
11 (12) "Director" means the Director of the Illinois
12 Department of Public Health.
13 (13) "Licensed health care professional" means a person
14 licensed to practice as a physician, advanced practice
15 registered nurse, or physician assistant in Illinois or any
16 other state.
17 (14) "Licensed mental health professional" means a person
18 who is licensed or registered to provide mental health
19 services by the Department of Financial and Professional
20 Regulation or a board of registration duly authorized to
21 register or grant licenses to persons engaged in the practice
22 of providing mental health services in Illinois or any other
23 state.
24 (15) "Intersex condition" means a condition in which a
25 person is born with a reproductive or sexual anatomy or
26 chromosome pattern that does not fit typical definitions of
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1 male or female.
2 (16) "Homeless person" means an individual who meets the
3 definition of "homeless" under Section 103 of the federal
4 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
5 individual residing in any of the living situations described
6 in 42 U.S.C. 11434a(2).
7 (17) "Advanced practice registered nurse" means: (i) an
8 advanced practice registered nurse with full practice
9 authority; or (ii) an advanced practice registered nurse with
10 a collaborative agreement with a physician who has delegated
11 the completion of death certificates.
12 (18) "Certifying health care professional" means a
13 physician, physician assistant, or advanced practice
14 registered nurse.
15 (19) "Physician assistant" means a physician assistant who
16 practices in accordance with a written collaborative agreement
17 that includes the completion of death certificates.
18 (20) "Unique identifier" means providing the deceased with
19 individual identification, through tagging, numbering, QR
20 code, or other individualized means, that is affixed to the
21 dead body, the body bag, and any body part, organ, or tissue
22 separated from the deceased to be used in non-transplant
23 anatomical donation in order to prevent misidentification of
24 human remains as described in the Consensual Non-Transplant
25 Donation Regulation Act.
26 (Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
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1 102-844, eff. 1-1-23.)
2 (410 ILCS 535/21.7)
3 Sec. 21.7. Temporary removal of a dead body. No permit for
4 transportation signed by the local registrar is required prior
5 to transporting a dead human body out of the State of Illinois,
6 at the direction of a federally designated organ procurement
7 organization, for the purpose of organ or tissue donation. The
8 dead human body being transported for the purpose of organ or
9 tissue donation shall be accompanied by a self-issued permit
10 in accordance with rules adopted by the Department of Public
11 Health. The dead human body being transported shall have the
12 deceased's unique identifier affixed to the deceased, the body
13 bag, and any body part, organ, or tissue separated from the
14 deceased to be used in non-transplant anatomical donation.
15 This self-issued permit shall be completed by an
16 Illinois-licensed funeral director and embalmer or
17 Illinois-licensed funeral director and shall serve as
18 notification to the county medical examiner or coroner of the
19 jurisdiction or county in which the death occurred that the
20 dead human body is being transported out of Illinois for a
21 period not to exceed 36 hours. This Section applies only to
22 instances in which the dead human body is to be returned to
23 Illinois prior to disposition. This Section does not affect
24 any rights or responsibilities held by county medical
25 examiners or coroners under the Local Governmental and
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1 Governmental Employees Tort Immunity Act. The Department of
2 Public Health shall adopt rules to implement this Section.
3 (Source: P.A. 99-262, eff. 1-1-16.)
4 Section 910. The Illinois Vehicle Code is amended by
5 changing Section 6-117 as follows:
6 (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
7 Sec. 6-117. Records to be kept by the Secretary of State.
8 (a) The Secretary of State shall file every application
9 for a license or permit accepted under this Chapter, and shall
10 maintain suitable indexes thereof. The records of the
11 Secretary of State shall indicate the action taken with
12 respect to such applications.
13 (b) The Secretary of State shall maintain appropriate
14 records of all licenses and permits refused, cancelled,
15 disqualified, revoked, or suspended and of the revocation,
16 suspension, and disqualification of driving privileges of
17 persons not licensed under this Chapter, and such records
18 shall note the reasons for such action.
19 (c) The Secretary of State shall maintain appropriate
20 records of convictions reported under this Chapter. Records of
21 conviction may be maintained in a computer processible medium.
22 (d) The Secretary of State may also maintain appropriate
23 records of any crash reports received.
24 (e) The Secretary of State shall also maintain appropriate
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1 records of any disposition of supervision or records relative
2 to a driver's referral to a driver remedial or rehabilitative
3 program, as required by the Secretary of State or the courts.
4 Such records shall only be available for use by the Secretary,
5 the driver licensing administrator of any other state, law
6 enforcement agencies, the courts, and the affected driver or,
7 upon proper verification, such affected driver's attorney.
8 (f) The Secretary of State shall also maintain or contract
9 to maintain appropriate records of all photographs and
10 signatures obtained in the process of issuing any driver's
11 license, permit, or identification card. The record shall be
12 confidential and shall not be disclosed except to those
13 entities listed under Section 6-110.1 of this Code.
14 (g) The Secretary of State may establish a First Person
15 Consent organ and tissue donor registry in compliance with
16 subsection (b-1) of Section 5-20 of the Illinois Anatomical
17 Gift Act, as follows:
18 (1) The Secretary shall offer, to each applicant for
19 issuance or renewal of a driver's license or
20 identification card who is 16 years of age or older, the
21 opportunity to have his or her name included in the First
22 Person Consent organ and tissue donor registry. The
23 Secretary must advise the applicant or licensee that he or
24 she is under no compulsion to have his or her name included
25 in the registry. An individual who agrees to having his or
26 her name included in the First Person Consent organ and
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1 tissue donor registry has given full legal consent to the
2 donation of any of his or her organs or tissue upon his or
3 her death. A brochure explaining this method of executing
4 an anatomical gift must be given to each applicant for
5 issuance or renewal of a driver's license or
6 identification card. The brochure must advise the
7 applicant or licensee (i) that he or she is under no
8 compulsion to have his or her name included in this
9 registry and (ii) that he or she may wish to consult with
10 family, friends, or clergy before doing so.
11 (2) The Secretary of State may establish additional
12 methods by which an individual may have his or her name
13 included in the First Person Consent organ and tissue
14 donor registry.
15 (2.5) Not later than 2 years after the effective date
16 of this amendatory Act of the 104th General Assembly, the
17 Secretary of State shall provide each applicant under this
18 Section the universal donor consent form established by
19 the Department of Public Health in Section 50 of the
20 Consensual Non-Transplant Donation Regulation Act.
21 (3) When an individual has agreed to have his or her
22 name included in the First Person Consent organ and tissue
23 donor registry, the Secretary of State shall note that
24 agreement in the First Person consent organ and tissue
25 donor registry. Representatives of federally designated
26 organ procurement agencies and tissue banks and the
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1 offices of Illinois county coroners and medical examiners
2 may inquire of the Secretary of State whether a potential
3 organ donor's name is included in the First Person Consent
4 organ and tissue donor registry, and the Secretary of
5 State may provide that information to the representative.
6 (4) An individual may withdraw his or her consent to
7 be listed in the First Person Consent organ and tissue
8 donor registry maintained by the Secretary of State by
9 notifying the Secretary of State in writing, or by any
10 other means approved by the Secretary, of the individual's
11 decision to have his or her name removed from the
12 registry.
13 (5) The Secretary of State may undertake additional
14 efforts, including education and awareness activities, to
15 promote organ and tissue donation.
16 (6) In the absence of gross negligence or willful
17 misconduct, the Secretary of State and his or her
18 employees are immune from any civil or criminal liability
19 in connection with an individual's consent to be listed in
20 the organ and tissue donor registry.
21 (Source: P.A. 102-982, eff. 7-1-23.)
22 Section 915. The Illinois Anatomical Gift Act is amended
23 by changing Sections 1-10, 5-5, 5-12, 5-20, 5-25, 5-27, and
24 5-47 and by adding Section 5-6 as follows:
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1 (755 ILCS 50/1-10) (was 755 ILCS 50/2)
2 Sec. 1-10. Definitions. In this Act:
3 "Close friend" means any person 18 years of age or older
4 who has exhibited special care and concern for the decedent
5 and who presents an affidavit to the decedent's attending
6 physician, or the hospital administrator or his or her
7 designated representative, stating that he or she (i) was a
8 close friend of the decedent, (ii) is willing and able to
9 authorize the donation, and (iii) maintained such regular
10 contact with the decedent as to be familiar with the
11 decedent's health and social history, and religious and moral
12 beliefs. The affidavit must also state facts and circumstances
13 that demonstrate that familiarity.
14 "Death" means, for the purposes of the Act, when,
15 according to accepted medical standards, there is (i) an
16 irreversible cessation of circulatory and respiratory
17 functions; or (ii) an irreversible cessation of all functions
18 of the entire brain, including the brain stem.
19 "Decedent" means a deceased individual and includes a
20 stillborn infant or fetus.
21 "Disinterested witness" means a witness other than the
22 spouse, child, parent, sibling, grandchild, grandparent, or
23 guardian of the individual who makes, amends, revokes, or
24 refuses to make an anatomical gift, or another adult who
25 exhibited special care and concern for the individual. The
26 term does not include a person to whom an anatomical gift could
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1 pass under Section 5-12.
2 "Document of gift" means a donor card or other record used
3 to make an anatomical gift. The term includes a donor
4 registry.
5 "Donee" means the individual designated by the donor as
6 the intended recipient or an entity which receives the
7 anatomical gift, including, but not limited to, a hospital; an
8 accredited medical school, dental school, college, or
9 university; an organ procurement organization; an eye bank; a
10 tissue bank; for research or education, a non-transplant
11 anatomic bank; or other appropriate person.
12 "Donor" means an individual whose body or part is the
13 subject of an anatomical gift.
14 "Hospital" means a hospital licensed, accredited or
15 approved under the laws of any state; and includes a hospital
16 operated by the United States government, a state, or a
17 subdivision thereof, although not required to be licensed
18 under state laws.
19 "Non-transplant anatomic bank" means any facility or
20 program operating or providing services in this State that is
21 accredited by the American Association of Tissue Banks and
22 that is involved in procuring, furnishing, or distributing
23 whole bodies or parts for the purpose of medical education.
24 For purposes of this Section, a non-transplant anatomic bank
25 operating under the auspices of a hospital, accredited medical
26 school, dental school, college or university, or federally
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1 designated organ procurement organization is not required to
2 be accredited by the American Association of Tissue Banks.
3 "Non-transplant anatomical donation organization" means an
4 entity that is licensed under the Consensual Non-Transplant
5 Donation Regulation Act to engage in the recovery, screening,
6 testing, processing, distribution, or storage of human bodies
7 or body parts for purposes of education, research, or the
8 advancement of medical, dental, or mortuary science.
9 "Organ" means a human kidney, liver, heart, lung,
10 pancreas, small bowel, or other transplantable vascular body
11 part as determined by the Organ Procurement and
12 Transplantation Network, as periodically selected by the U.S.
13 Department of Health and Human Services.
14 "Organ procurement organization" means the organ
15 procurement organization designated by the Secretary of the
16 U.S. Department of Health and Human Services for the service
17 area in which a hospital is located, or the organ procurement
18 organization for which the Secretary of the U.S. Department of
19 Health and Human Services has granted the hospital a waiver
20 pursuant to 42 U.S.C. 1320b-8(a).
21 "Part" means organs, tissues, eyes, bones, arteries,
22 blood, other fluids and any other portions of a human body.
23 "Person" means an individual, corporation, government or
24 governmental subdivision or agency, business trust, estate,
25 trust, partnership or association or any other legal entity.
26 "Physician" or "surgeon" means a physician or surgeon
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1 licensed or authorized to practice medicine in all of its
2 branches under the laws of any state.
3 "Procurement organization" means an organ procurement
4 organization or a tissue bank.
5 "Reasonably available for the giving of consent or
6 refusal" means being able to be contacted by a procurement
7 organization without undue effort and being willing and able
8 to act in a timely manner consistent with existing medical
9 criteria necessary for the making of an anatomical gift.
10 "Recipient" means an individual into whose body a donor's
11 part has been or is intended to be transplanted.
12 "State" includes any state, district, commonwealth,
13 territory, insular possession, and any other area subject to
14 the legislative authority of the United States of America.
15 "Technician" means an individual trained and certified to
16 remove tissue, by a recognized medical training institution in
17 the State of Illinois.
18 "Tissue" means eyes, bones, heart valves, veins, skin, and
19 any other portions of a human body excluding blood, blood
20 products or organs.
21 "Tissue bank" means any facility or program operating in
22 Illinois that is accredited by the American Association of
23 Tissue Banks, the Eye Bank Association of America, or the
24 Association of Organ Procurement Organizations and is involved
25 in procuring, furnishing, donating, or distributing corneas,
26 bones, or other human tissue for the purpose of injecting,
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1 transfusing, or transplanting any of them into the human body
2 or for the purpose of research or education. "Tissue bank"
3 does not include a licensed blood bank. For the purposes of
4 this Act, "tissue" does not include organs or blood or blood
5 products.
6 (Source: P.A. 98-172, eff. 1-1-14; 98-756, eff. 7-16-14.)
7 (755 ILCS 50/5-5) (was 755 ILCS 50/3)
8 Sec. 5-5. Persons who may execute an anatomical gift.
9 (a) An anatomical gift of a donor's body or part that is to
10 be carried out upon the donor's death may be made during the
11 life of the donor for the purpose of transplantation, therapy,
12 research, or education by:
13 (1) the donor, if the donor is an adult, an
14 emancipated minor, or 16 or 17 years of age and registered
15 in the First Person Consent organ and tissue donor
16 registry under subsection (g) of Section 6-117 of the
17 Illinois Vehicle Code if the First Person Consent was
18 executed prior to 2 years after the effective date of this
19 amendatory Act of the 104th General Assembly;
20 (1.5) the donor, if the donor is an adult, an
21 emancipated minor, or 16 or 17 years of age and registered
22 in the First Person Consent organ and tissue donor
23 registry under subsection (g) of Section 6-117 of the
24 Illinois Vehicle Code and executed the universal donor
25 consent form in accordance with Section 50 of the
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1 Consensual Non-Transplant Donation Regulation Act, if the
2 First Person Consent was executed later than 2 years after
3 the effective date of this amendatory Act of the 104th
4 General Assembly;
5 (2) an agent of the donor, unless the power of
6 attorney for health care or other record prohibits the
7 agent from making an anatomical gift;
8 (3) a parent of the donor, if the donor is an
9 unemancipated minor; or
10 (4) the donor's guardian.
11 (b) If no gift has been executed under subsection (a), an
12 anatomical gift of a decedent's body or part for the purpose of
13 transplantation, therapy, research, or education may be made
14 at the time of the decedent's death, or when death is imminent,
15 by a member of the following classes of persons who is
16 reasonably available for the giving of authorization or
17 refusal, in the order of priority listed, when persons in
18 prior classes are not available for the giving of
19 authorization or refusal and in the absence of actual notice
20 of contrary intentions by the decedent:
21 (1) an individual acting as the decedent's agent under
22 a power of attorney for health care;
23 (2) the guardian of the person of the decedent;
24 (3) the spouse or civil union partner of the decedent;
25 (4) an adult child of the decedent;
26 (5) a parent of the decedent;
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1 (6) an adult sibling of the decedent;
2 (7) an adult grandchild of the decedent;
3 (8) a grandparent of the decedent;
4 (9) a close friend of the decedent;
5 (10) the guardian of the estate of the decedent; and
6 (11) any other person authorized or under legal
7 obligation to dispose of the body.
8 (b-5) If there is more than one member of a class listed in
9 item (2), (4), (5), (6), or (7) of subsection (b) of this
10 Section entitled to make an anatomical gift, an anatomical
11 gift may be made by a member of the class unless that member or
12 a person to which the gift may pass under Section 5-12 knows of
13 an objection by another member of the class. If an objection is
14 known, the gift may be made only by a majority of the members
15 of the class who are reasonably available for the giving of
16 authorization or refusal.
17 (b-10) A person may not make an anatomical gift if, at the
18 time of the decedent's death, a person in a higher priority
19 class under subsection (b) of this Section is reasonably
20 available for the giving of authorization or refusal.
21 (c) A gift of all or part of a body authorizes any blood or
22 tissue test or minimally invasive examination necessary to
23 assure medical acceptability of the gift for the purposes
24 intended. The hospital shall, to the extent possible and in
25 accordance with any agreement with the organ procurement
26 organization, non-transplant anatomical donation
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1 organization, or tissue bank, take measures necessary to
2 maintain the medical suitability of the part until the
3 procurement organization has had the opportunity to advise the
4 applicable persons as set forth in this Act of the option to
5 make an anatomical gift or has ascertained that the individual
6 expressed a contrary intent and has so informed the hospital.
7 The results of tests and examinations under this subsection
8 shall be used or disclosed only for purposes of evaluating
9 medical suitability for donation, to facilitate the donation
10 process, and as required or permitted by existing law.
11 (d) The rights of the donee created by the gift are
12 paramount to the rights of others except as provided by
13 Section 5-45(d).
14 (e) If no gift has been executed under this Act, then no
15 part of the decedent's body may be used for any purpose
16 specified in this Act.
17 (Source: P.A. 100-41, eff. 1-1-18.)
18 (755 ILCS 50/5-6 new)
19 Sec. 5-6. Universal donor consent form. Two years after
20 the effective date of this amendatory Act of the 104th General
21 Assembly, the execution of a gift under this Act shall be
22 accompanied by the universal donor consent form provided for
23 in Section 50 of the Consensual Non-Transplant Donation
24 Regulation Act to consent to non-transplant anatomical
25 donation.
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1 (755 ILCS 50/5-12)
2 Sec. 5-12. Persons who may receive an anatomical gift;
3 purpose of anatomical gift.
4 (a) An anatomical gift may be made to the following
5 persons named in the document of gift:
6 (1) for research or education, a hospital; an
7 accredited medical school, dental school, college, or
8 university; an organ procurement organization; or other
9 appropriate person;
10 (2) subject to subsection (b) of this Section, an
11 individual designated by the person making the anatomical
12 gift if the individual is the recipient of the part;
13 (3) an eye bank or tissue bank; or
14 (4) for research or education, a non-transplant
15 anatomical donation organization licensed by the
16 Department of Public Health anatomic bank.
17 (b) If an anatomical gift to an individual under item (2)
18 of subsection (a) of this Section cannot be transplanted into
19 the individual, the part passes in accordance with subsection
20 (g) of this Section unless there is an express, contrary
21 indication by the person making the anatomical gift or the
22 universal donor consent form provides the contrary indication.
23 (c) If an anatomical gift of one or more specific parts or
24 of all parts is made in a document of gift that does not name a
25 person described in subsection (a) of this Section, but
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1 identifies the purpose for which an anatomical gift may be
2 used, the following rules apply:
3 (1) If the part is an eye and the gift is for the
4 purpose of transplantation or therapy, the gift passes to
5 the appropriate eye bank.
6 (2) If the part is tissue and the gift is for the
7 purpose of transplantation or therapy, the gift passes to
8 the appropriate tissue bank.
9 (3) If the part is an organ and the gift is for the
10 purpose of transplantation or therapy, the gift passes to
11 the appropriate organ procurement organization as
12 custodian of the organ.
13 (4) If the part is an organ, an eye, or tissue and the
14 gift is for the purpose of research or education, the gift
15 passes to the appropriate non-transplant anatomical
16 donation organization procurement organization.
17 (d) For the purpose of subsection (c) of this Section, if
18 there is more than one purpose of an anatomical gift set forth
19 in the document of gift but the purposes are not set forth in
20 any priority, and if the gift cannot be used for
21 transplantation or therapy, the gift may be used for research
22 or education, provided that the universal donor consent form
23 does not stipulate a purpose to the contrary.
24 (e) If an anatomical gift of one or more specific parts is
25 made in a document of gift that does not name a person
26 described in subsection (a) of this Section and does not
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1 identify the purpose of the gift, the gift may be used only for
2 transplantation or therapy or research, and the gift passes in
3 accordance with subsection (g) of this Section.
4 (f) If a document of gift specifies only a general intent
5 to make an anatomical gift by words such as "donor", "organ
6 donor", or "body donor", or by a symbol or statement of similar
7 import, the gift may be used only for transplantation or
8 therapy or research, and the gift passes in accordance with
9 subsection (g) of this Section.
10 (g) For purposes of subsections (b), (e), and (f) of this
11 Section, the following rules apply:
12 (1) If the part is an eye, the gift passes to the
13 appropriate eye bank.
14 (2) If the part is tissue, the gift passes to the
15 appropriate tissue bank.
16 (3) If the part is an organ, the gift passes to the
17 appropriate organ procurement organization or
18 non-transplant anatomical donation organization as
19 custodian of the organ.
20 (h) An anatomical gift of an organ for transplantation or
21 therapy, other than an anatomical gift under item (2) of
22 subsection (a) of this Section, passes to the organ
23 procurement organization as custodian of the organ.
24 (i) If an anatomical gift does not pass under this Section
25 or the decedent's body or part is not used for
26 transplantation, therapy, research, or education, custody of
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1 the body or part passes to the person under obligation to
2 dispose of the body or part.
3 (j) A person may not accept an anatomical gift if the
4 person knows that the gift was not effectively made under
5 Section 5-5 or subsection (e) or (e-5) of Section 5-20 or if
6 the person knows that the decedent made a refusal under
7 Section 5-43 that was not revoked.
8 (k) Except as otherwise provided in item (2) of subsection
9 (a) of this Section, nothing in this Act affects the
10 allocation of organs for transplantation or therapy.
11 (Source: P.A. 98-172, eff. 1-1-14.)
12 (755 ILCS 50/5-20) (was 755 ILCS 50/5)
13 Sec. 5-20. Manner of executing anatomical gifts.
14 (a) A donor may make an anatomical gift:
15 (1) by authorizing a statement or symbol indicating
16 that the donor has made an anatomical gift to be imprinted
17 on the donor's driver's license or identification card;
18 (2) in a will;
19 (3) during a terminal illness or injury of the donor,
20 by any form of communication addressed to at least 2
21 adults, at least one of whom is a disinterested witness;
22 or
23 (4) as provided in subsection (b) and (b-1) of this
24 Section.
25 (b) A donor or other person authorized to make an
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1 anatomical gift under subsection (a) of Section 5-5 may make a
2 gift by a donor card or other record signed by the donor or
3 other person making the gift or by authorizing that a
4 statement or symbol indicating that the donor has made an
5 anatomical gift be included on a donor registry. If the donor
6 or other person is physically unable to sign a record, the
7 record may be signed by another individual at the direction of
8 the donor or other person and must:
9 (1) be witnessed by at least 2 adults, at least one of
10 whom is a disinterested witness, who have signed at the
11 request of the donor or the other person; and
12 (2) state that it has been signed and witnessed as
13 provided in paragraph (1) of this subsection (b).
14 (b-1) A gift under Section 5-5 (a) may also be made by an
15 individual consenting to have his or her name included in the
16 First Person Consent organ and tissue donor registry
17 maintained by the Secretary of State under Section 6-117 of
18 the Illinois Vehicle Code. An individual's consent to have his
19 or her name included in the First Person Consent organ and
20 tissue donor registry constitutes full legal authority for the
21 donation of any of his or her organs or tissue for purposes of
22 transplantation, therapy, or research. Consenting to be
23 included in the First Person Consent organ and tissue donor
24 registry is effective without regard to the presence or
25 signature of witnesses.
26 (b-5) Revocation, suspension, expiration, or cancellation
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1 of a driver's license or identification card upon which an
2 anatomical gift is indicated does not invalidate the gift.
3 (b-7) Not later than 2 years after the effective date of
4 this amendatory Act of the 104th General Assembly, the
5 Secretary of State shall provide all donors with the universal
6 donor consent form in accordance with Section 6-117 of the
7 Illinois Vehicle Code.
8 (b-10) An anatomical gift made by will takes effect upon
9 the donor's death whether or not the will is probated.
10 Invalidation of the will after the donor's death does not
11 invalidate the gift.
12 (c) The anatomical gift may be made to a specified donee or
13 without specifying a donee. If the gift is made to a specified
14 donee who is not available at the time and place of death, then
15 if made for the purpose of transplantation, it shall be
16 effectuated in accordance with Section 5-25.
17 (d) The donee or other person authorized to accept the
18 gift pursuant to Section 5-12 may employ or authorize any
19 qualified technician, surgeon, or physician to perform the
20 recovery.
21 (e) A person authorized to make an anatomical gift under
22 subsection (b) of Section 5-5 may make an anatomical gift by a
23 document of gift signed by the person making the gift or by
24 that person's oral communication that is electronically
25 recorded or is contemporaneously reduced to a record and
26 signed by the individual receiving the oral communication.
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1 (e-5) An anatomical gift by a person authorized under
2 subsection (b) of Section 5-5 may be amended or revoked orally
3 or in a record by a member of a prior class who is reasonably
4 available for the giving of authorization or refusal. If more
5 than one member of the prior class is reasonably available for
6 the giving of authorization or refusal, the gift made by a
7 person authorized under subsection (b) of Section 5-5 may be:
8 (1) amended only if a majority of the class members
9 reasonably available for the giving of authorization or
10 refusal agree to the amending of the gift; or
11 (2) revoked only if a majority of the class members
12 reasonably available for the giving of authorization or
13 refusal agree to the revoking of the gift or if they are
14 equally divided as to whether to revoke the gift.
15 (e-10) A revocation under subsection (e-5) is effective
16 only if, before an incision has been made to remove a part from
17 the donor's body or before invasive procedures have been
18 commenced to prepare the recipient, the procurement
19 organization, non-transplant anatomic bank, transplant
20 hospital, or physician or technician knows of the revocation.
21 (f) When there is a suitable candidate for organ donation
22 and a donation or consent to donate has not yet been given,
23 procedures to preserve the decedent's body for possible organ
24 and tissue donation may be implemented under the authorization
25 of the applicable organ procurement organization, at its own
26 expense, prior to making a donation request pursuant to
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1 Section 5-25. If the organ procurement organization does not
2 locate a person authorized to consent to donation or consent
3 to donation is denied, then procedures to preserve the
4 decedent's body shall be ceased and no donation shall be made.
5 The organ procurement organization shall respect the religious
6 tenets of the decedent, if known, such as a pause after death,
7 before initiating preservation services. Nothing in this
8 Section shall be construed to authorize interference with the
9 coroner in carrying out an investigation or autopsy.
10 (Source: P.A. 100-41, eff. 1-1-18.)
11 (755 ILCS 50/5-25)
12 Sec. 5-25. Notification; authorization.
13 (a) Each hospital in this State shall enter into
14 agreements or affiliations with procurement organizations for
15 coordination of procurement and use of anatomical gifts.
16 Within 2 years after the effective date of this amendatory
17 Act, each hospital in the State shall enter into agreements or
18 affiliations with non-transplant anatomical donation
19 organizations licensed by the Department of Public Health for
20 the purposes of coordinating non-transplant anatomical
21 donations.
22 (b) Hospitals shall proceed in accordance with the
23 applicable requirements of 42 CFR 482.45 or any successor
24 provisions of federal statute or regulation, as may be amended
25 from time to time, with regard to collaboration with
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1 procurement organizations to facilitate organ, tissue, and eye
2 donation.
3 In making a request for organ or tissue donation, the
4 hospital or the hospital's federally designated organ
5 procurement organization or tissue bank shall request any of
6 the persons, in the order of priority stated in items (1)
7 through (11) below, when persons in prior classes are not
8 available and in the absence of (i) actual notice of contrary
9 intentions by the decedent, (ii) actual notice of opposition
10 by any member within the same priority class, and (iii) reason
11 to believe that an anatomical gift is contrary to the
12 decedent's religious beliefs, to authorize the gift of all or
13 any part of the decedent's body for any purpose specified in
14 Section 5-12:
15 (1) an individual acting as the decedent's agent under
16 a power of attorney for health care;
17 (2) the guardian of the person of the decedent;
18 (3) the spouse or civil union partner of the decedent;
19 (4) an adult child of the decedent;
20 (5) a parent of the decedent;
21 (6) an adult sibling of the decedent;
22 (7) an adult grandchild of the decedent;
23 (8) a grandparent of the decedent;
24 (9) a close friend of the decedent;
25 (10) the guardian of the estate of the decedent; and
26 (11) any other person authorized or under legal
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1 obligation to dispose of the body.
2 (c) (Blank).
3 (d) (Blank).
4 (Source: P.A. 98-172, eff. 1-1-14.)
5 (755 ILCS 50/5-27) (was 755 ILCS 60/3.5)
6 Sec. 5-27. Notification of patient; family rights and
7 options after circulatory death.
8 (a) In this Section, "donation after circulatory death"
9 means the donation of organs from a patient whose death is
10 declared based upon cardiopulmonary, and not neurological,
11 criteria, following the implementation of the decision to
12 withdraw life support.
13 (b) If (i) a potential organ donor, or an individual given
14 authority under subsection (b) of Section 5-25 to consent to
15 an organ donation, expresses an interest in organ donation,
16 (ii) there has not been a certification of brain death for the
17 potential donor, and (iii) the potential donor is a patient at
18 a hospital that does not allow donation after circulatory
19 death, then the organ procurement organization shall inform
20 the patient or the individual given authority to consent to
21 organ donation that the hospital does not allow donation after
22 circulatory death.
23 (c) In addition to providing oral notification, the organ
24 procurement organization shall develop a written form that
25 indicates to the patient or the individual given authority to
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1 consent to organ donation, at a minimum, the following
2 information:
3 (1) That the patient or the individual given authority
4 to consent to organ donation has received literature and
5 has been counseled by (representative's name) of the
6 (organ procurement organization name).
7 (2) That all organ donation options have been
8 explained to the patient or the individual given authority
9 to consent to organ donation, including the option of
10 donation after circulatory death.
11 (3) That the patient or the individual given authority
12 to consent to organ donation is aware that the hospital
13 where the potential donor is a patient does not allow
14 donation after circulatory death.
15 (4) That the patient or the individual given authority
16 to consent to organ donation has been informed of the
17 right to request a patient transfer to a facility allowing
18 donation after circulatory death.
19 (5) That the patient or the individual given authority
20 to consent to organ donation has been informed of another
21 hospital that will allow donation after circulatory death
22 and will accept a patient transfer for the purpose of
23 donation after circulatory death; and that the cost of
24 transferring the patient to that other hospital will be
25 covered by the organ procurement organization, with no
26 additional cost to the patient or the individual given
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1 authority to consent to organ donation.
2 The form required under this subsection must include a
3 place for the signatures of the patient or the individual
4 given authority to consent to organ donation and the
5 representative of the organ procurement organization and space
6 to provide the date that the form was signed.
7 (d) Within 2 years after the effective date of this
8 amendatory Act of the 104th General Assembly, if the potential
9 donor's gift is for the purpose of research or education, the
10 patient or the individual given authority to consent to organ
11 donation shall be provided the universal donor consent form.
12 (Source: P.A. 98-172, eff. 1-1-14.)
13 (755 ILCS 50/5-47)
14 Sec. 5-47. Rights and duties of procurement organizations
15 and others.
16 (a) When a hospital refers an individual at or near death
17 to a procurement organization, the organization shall make a
18 reasonable search of the records of the Secretary of State and
19 any donor registry that it knows exists for the geographical
20 area in which the individual resides to ascertain whether the
21 individual has made an anatomical gift.
22 (b) A procurement organization shall be allowed reasonable
23 access to information in the records of the Secretary of State
24 to ascertain whether an individual at or near death is a donor.
25 If the individual is a donor who is an unemancipated minor, the
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1 procurement organization shall conduct a reasonable search for
2 a parent or guardian of the donor and shall provide the parent
3 or guardian with an opportunity to amend or revoke the
4 anatomical gift of the donor's body.
5 (c) Unless prohibited by law other than this Act, at any
6 time after a donor's death, the person to which a part passes
7 under Section 5-12 may conduct any reasonable examination
8 necessary to ensure the medical suitability of the body or
9 part for its intended purpose.
10 (d) Unless prohibited by law other than this Act, an
11 examination under subsection (c) may include an examination of
12 all medical and dental records of the donor or prospective
13 donor.
14 (e) Upon referral by a hospital under subsection (a) of
15 this Section, a procurement organization shall make a
16 reasonable search for any person listed in subsection (b) of
17 Section 5-5 having priority to make an anatomical gift on
18 behalf of a prospective donor. If a procurement organization
19 receives information that an anatomical gift to any other
20 person was made, amended, or revoked, it shall promptly advise
21 the other person of all relevant information.
22 (f) Subject to subsection (i) of Section 5-12, the rights
23 of the person to which a part passes under Section 5-12 are
24 superior to the rights of all others with respect to the part.
25 The person may accept or reject an anatomical gift in whole or
26 in part. Subject to the terms of the document of gift and this
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1 Act, a person who accepts an anatomical gift of an entire body
2 may allow embalming, burial or cremation, and use of remains
3 in a funeral service. If the gift is of a part, the person to
4 which the part passes under Section 5-12, upon the death of the
5 donor and before embalming, burial, or cremation, shall cause
6 the part to be removed without unnecessary mutilation.
7 (g) Neither the physician who attends the decedent at
8 death nor the physician who determines the time of the
9 decedent's death may participate in the procedures for
10 removing or transplanting a part from the decedent.
11 (h) A physician or technician may remove a donated part
12 from the body of a donor that the physician or technician is
13 qualified to remove.
14 (i) Not later than July 1, 2020, the Secretary of State
15 shall create a database consisting of all individuals who have
16 consented to having their names included in the First Person
17 Consent organ and tissue donor registry maintained by the
18 Secretary of State pursuant to Section 6-117 of the Illinois
19 Vehicle Code. This database shall include identifying
20 information for each individual, including, where available,
21 the individual's name, address, gender, date of birth,
22 driver's license or identification card number, social
23 security number only if the donor does not have a driver's
24 license or identification card number, and date of consent to
25 join the registry. The Secretary of State shall update the
26 database not less often than every 7 days. Upon executing a
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1 data access agreement with the Secretary of State, an organ
2 procurement organization, as defined in this Act, providing
3 services in the State of Illinois shall be granted online
4 access to the database for the purpose of determining whether
5 a potential organ and tissue donor is included in the First
6 Person Consent organ and tissue donor registry.
7 (j) Not later than 2 years after the effective date of this
8 amendatory Act of the 104th General Assembly, the Department
9 of Public Health shall create a database consisting of all
10 universal donor consent forms.
11 The organ procurement organization shall indemnify and
12 hold harmless the State of Illinois, its officials, and
13 employees for any judgments, assessments, damages, fines,
14 fees, and legal costs arising out of the acts, omissions,
15 decisions, or other conduct of the organ procurement
16 organization and its officials, employees, and agents in the
17 use of the database.
18 (Source: P.A. 100-41, eff. 1-1-18; 101-179, eff. 1-1-20.)
19 Section 999. Effective date. This Act takes effect upon
20 becoming law.
SB0087- 67 -LRB104 06664 BAB 16700 b 1 INDEX 2 Statutes amended in order of appearance SB0087- 67 -LRB104 06664 BAB 16700 b SB0087 - 67 - LRB104 06664 BAB 16700 b 1 INDEX 2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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