(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.)
(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.)
(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.)
