Bill Text: IL HB2756 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Anatomical Gift Act. Provides that the term "decedent" includes a deceased individual organism of the species homo sapiens from fertilization until live birth. Provides that notwithstanding any other provision of the Act, if the decedent is a fetus upon whom an abortion has been performed, then no part of the decedent's body may be used for any purpose specified in the Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2756 Detail]

Download: Illinois-2019-HB2756-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2756 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
755 ILCS 50/1-10 was 755 ILCS 50/2
755 ILCS 50/5-5 was 755 ILCS 50/3
Amends the Illinois Anatomical Gift Act. Provides that the term "decedent" includes a deceased individual organism of the species homo sapiens from fertilization until live birth. Provides that notwithstanding any other provision of the Act, if the decedent is a fetus upon whom an abortion has been performed, then no part of the decedent's body may be used for any purpose specified in the Act. Effective immediately.
LRB101 09199 LNS 54293 b
A BILL FOR
HB2756 LRB101 09199 LNS 54293 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Anatomical Gift Act is amended by
changing Sections 1-10 and 5-5 as follows:
(755 ILCS 50/1-10) (was 755 ILCS 50/2)
Sec. 1-10. Definitions.
"Close friend" means any person 18 years of age or older
who has exhibited special care and concern for the decedent and
who presents an affidavit to the decedent's attending
physician, or the hospital administrator or his or her
designated representative, stating that he or she (i) was a
close friend of the decedent, (ii) is willing and able to
authorize the donation, and (iii) maintained such regular
contact with the decedent as to be familiar with the decedent's
health and social history, and religious and moral beliefs. The
affidavit must also state facts and circumstances that
demonstrate that familiarity.
"Death" means, for the purposes of the Act, when, according
to accepted medical standards, there is (i) an irreversible
cessation of circulatory and respiratory functions; or (ii) an
irreversible cessation of all functions of the entire brain,
including the brain stem.

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"Decedent" means a deceased individual and includes a
stillborn infant or fetus and a deceased fetus or unborn child,
as those terms are defined in subsection (6) of Section 2 of
the Illinois Abortion Law of 1975.
"Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or
guardian of the individual who makes, amends, revokes, or
refuses to make an anatomical gift, or another adult who
exhibited special care and concern for the individual. The term
does not include a person to whom an anatomical gift could pass
under Section 5-12.
"Document of gift" means a donor card or other record used
to make an anatomical gift. The term includes a donor registry.
"Donee" means the individual designated by the donor as the
intended recipient or an entity which receives the anatomical
gift, including, but not limited to, a hospital; an accredited
medical school, dental school, college, or university; an organ
procurement organization; an eye bank; a tissue bank; for
research or education, a non-transplant anatomic bank; or other
appropriate person.
"Donor" means an individual whose body or part is the
subject of an anatomical gift.
"Hospital" means a hospital licensed, accredited or
approved under the laws of any state; and includes a hospital
operated by the United States government, a state, or a
subdivision thereof, although not required to be licensed under

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state laws.
"Non-transplant anatomic bank" means any facility or
program operating or providing services in this State that is
accredited by the American Association of Tissue Banks and that
is involved in procuring, furnishing, or distributing whole
bodies or parts for the purpose of medical education. For
purposes of this Section, a non-transplant anatomic bank
operating under the auspices of a hospital, accredited medical
school, dental school, college or university, or federally
designated organ procurement organization is not required to be
accredited by the American Association of Tissue Banks.
"Organ" means a human kidney, liver, heart, lung, pancreas,
small bowel, or other transplantable vascular body part as
determined by the Organ Procurement and Transplantation
Network, as periodically selected by the U.S. Department of
Health and Human Services.
"Organ procurement organization" means the organ
procurement organization designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located, or the organ procurement
organization for which the Secretary of the U.S. Department of
Health and Human Services has granted the hospital a waiver
pursuant to 42 U.S.C. 1320b-8(a).
"Part" means organs, tissues, eyes, bones, arteries,
blood, other fluids and any other portions of a human body.
"Person" means an individual, corporation, government or

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governmental subdivision or agency, business trust, estate,
trust, partnership or association or any other legal entity.
"Physician" or "surgeon" means a physician or surgeon
licensed or authorized to practice medicine in all of its
branches under the laws of any state.
"Procurement organization" means an organ procurement
organization or a tissue bank.
"Reasonably available for the giving of consent or refusal"
means being able to be contacted by a procurement organization
without undue effort and being willing and able to act in a
timely manner consistent with existing medical criteria
necessary for the making of an anatomical gift.
"Recipient" means an individual into whose body a donor's
part has been or is intended to be transplanted.
"State" includes any state, district, commonwealth,
territory, insular possession, and any other area subject to
the legislative authority of the United States of America.
"Technician" means an individual trained and certified to
remove tissue, by a recognized medical training institution in
the State of Illinois.
"Tissue" means eyes, bones, heart valves, veins, skin, and
any other portions of a human body excluding blood, blood
products or organs.
"Tissue bank" means any facility or program operating in
Illinois that is accredited by the American Association of
Tissue Banks, the Eye Bank Association of America, or the

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Association of Organ Procurement Organizations and is involved
in procuring, furnishing, donating, or distributing corneas,
bones, or other human tissue for the purpose of injecting,
transfusing, or transplanting any of them into the human body
or for the purpose of research or education. "Tissue bank" does
not include a licensed blood bank. For the purposes of this
Act, "tissue" does not include organs or blood or blood
products.
(Source: P.A. 98-172, eff. 1-1-14; 98-756, eff. 7-16-14.)
(755 ILCS 50/5-5) (was 755 ILCS 50/3)
Sec. 5-5. Persons who may execute an anatomical gift.
(a) An anatomical gift of a donor's body or part that is to
be carried out upon the donor's death may be made during the
life of the donor for the purpose of transplantation, therapy,
research, or education by:
(1) the donor, if the donor is an adult, an emancipated
minor, or 16 or 17 years of age and registered in the First
Person Consent organ and tissue donor registry under
subsection (g) of Section 6-117 of the Illinois Vehicle
Code;
(2) an agent of the donor, unless the power of attorney
for health care or other record prohibits the agent from
making an anatomical gift;
(3) a parent of the donor, if the donor is an
unemancipated minor; or

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(4) the donor's guardian.
(b) If no gift has been executed under subsection (a), an
anatomical gift of a decedent's body or part for the purpose of
transplantation, therapy, research, or education may be made at
the time of the decedent's death, or when death is imminent, by
a member of the following classes of persons who is reasonably
available for the giving of authorization or refusal, in the
order of priority listed, when persons in prior classes are not
available for the giving of authorization or refusal and in the
absence of actual notice of contrary intentions by the
decedent:
(1) an individual acting as the decedent's agent under
a power of attorney for health care;
(2) the guardian of the person of the decedent;
(3) the spouse or civil union partner of the decedent;
(4) an adult child of the decedent;
(5) a parent of the decedent;
(6) an adult sibling of the decedent;
(7) an adult grandchild of the decedent;
(8) a grandparent of the decedent;
(9) a close friend of the decedent;
(10) the guardian of the estate of the decedent; and
(11) any other person authorized or under legal
obligation to dispose of the body.
(b-5) If there is more than one member of a class listed in
item (2), (4), (5), (6), or (7) of subsection (b) of this

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Section entitled to make an anatomical gift, an anatomical gift
may be made by a member of the class unless that member or a
person to which the gift may pass under Section 5-12 knows of
an objection by another member of the class. If an objection is
known, the gift may be made only by a majority of the members
of the class who are reasonably available for the giving of
authorization or refusal.
(b-10) A person may not make an anatomical gift if, at the
time of the decedent's death, a person in a higher priority
class under subsection (b) of this Section is reasonably
available for the giving of authorization or refusal.
(c) A gift of all or part of a body authorizes any blood or
tissue test or minimally invasive examination necessary to
assure medical acceptability of the gift for the purposes
intended. The hospital shall, to the extent possible and in
accordance with any agreement with the organ procurement
organization or tissue bank, take measures necessary to
maintain the medical suitability of the part until the
procurement organization has had the opportunity to advise the
applicable persons as set forth in this Act of the option to
make an anatomical gift or has ascertained that the individual
expressed a contrary intent and has so informed the hospital.
The results of tests and examinations under this subsection
shall be used or disclosed only for purposes of evaluating
medical suitability for donation, to facilitate the donation
process, and as required or permitted by existing law.

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(d) The rights of the donee created by the gift are
paramount to the rights of others except as provided by Section
5-45(d).
(e) If no gift has been executed under this Act, then no
part of the decedent's body may be used for any purpose
specified in this Act. Notwithstanding any other provision of
this Act, if (i) the decedent is a fetus; and (ii) an abortion,
as that term is defined in subsection (4) of Section 2 of the
Illinois Abortion Law of 1975, has been performed on the
decedent, then no part of the decedent's body may be used for
any purposes specified in this Act.
(Source: P.A. 100-41, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.