2005 Illinois Code - 755 ILCS 50/ Illinois Anatomical Gift Act. Article 1 - Title and General Provisions
(755 ILCS 50/Art. 1 heading)
Article 1. Title and General Provisions.
(Source: P.A. 93‑794, eff. 7‑22‑04.)
(755 ILCS 50/1‑1) (was 755 ILCS 50/1)
Sec. 1‑1. Short Title.
This Act may be cited as the Illinois Anatomical Gift Act.
(Source: P.A. 93‑794, eff. 7‑22‑04.)
(755 ILCS 50/1‑5)
Sec. 1‑5. Purpose. Illinois recognizes that there is a critical shortage
of human organs and tissues available
to citizens in need of organ and tissue transplants. This shortage leads to the
untimely death of
many adults and children in Illinois and across the nation each year. This Act
is intended to
implement the public policy of encouraging timely donation of human organs and
tissue in
Illinois and facilitating transplants of those organs and tissue into patients
in need of them.
Through this Act, laws relating to organ and tissue donation and
transplantation are consolidated
and modified for the purpose of furthering this public policy.
(Source: P.A. 93‑794, eff. 7‑22‑04.)
(755 ILCS 50/1‑10) (was 755 ILCS 50/2)
Sec. 1‑10. Definitions.
"Bank or storage facility" means a
facility licensed, accredited or
approved under the laws of any state for storage of human bodies or parts
thereof.
"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 consent to 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, the irreversible
cessation
of total brain function, according to usual and customary standards of medical
practice.
"Decedent" means a deceased individual and includes a stillborn
infant or fetus.
"Donor" means an individual who makes a gift of all or parts of his
body.
"Federally designated organ procurement agency" means the organ procurement
agency
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 agency
for which the U.S.
Secretary of Health and Human Services has granted the hospital a waiver
pursuant to 42 U.S.C.
1320b‑8(a).
"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 state laws.
"Not available" for the giving of consent or refusal means:
(1) the existence of the person is unknown to the hospital administrator or
designee,
organ procurement agency, or tissue bank and is not readily ascertainable
through the
examination of the decedent's hospital records and the questioning of any
persons who are
available for giving consent;
(2) the administrator or designee, organ procurement agency, or tissue bank
has
unsuccessfully attempted to contact the person by telephone or in any other
reasonable manner;
or
(3) the person is unable or unwilling to respond in a manner that indicates
the person's
refusal or consent.
"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.
"Tissue" means eyes, bones, heart valves, veins, skin, and any other portions
of
a human
body excluding blood, blood products or organs.
"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
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.
"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 bank" means any facility or program operating in Illinois that is
certified by
the American Association of Tissue Banks, the Eye Bank Association of America,
or the
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. "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. 93‑794, eff. 7‑22‑04.)
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