HB6288 93RD GENERAL ASSEMBLY

LRB093 14064 LCB 40129 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6288

Introduced 02/06/04, by Tom Cross

SYNOPSIS AS INTRODUCED:

755 ILCS 50/3

from Ch. 110 1/2, par. 303

Amends the Uniform Anatomical Gift Act. Makes technical changes in a Section concerning people who may execute an anatomical gift.

A BILL FOR

AN ACT concerning anatomical gifts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Uniform Anatomical Gift Act is amended by changing Section 3 as follows:

(755 ILCS 50/3) (from Ch. 110 1/2, par. 303)

Sec. 3. Persons who may execute an anatomical gift.

(a) An Any individual of sound mind who has attained the age of 18 may give all or any part of his or her body for any purpose specified in Section 4. The Such a gift may be executed in any of the ways set out in Section 5, and shall take effect upon the individual's death without the need to obtain the consent of any survivor. An anatomical gift made by an agent of an individual, as authorized by the individual under the Powers of Attorney for Health Care Law, as now or hereafter amended, is deemed to be a gift by that individual and takes effect without the need to obtain the consent of any other person.

(b) If no gift has been executed under subsection (a), any of the following persons, in the order of priority stated in items (1) through (9) below, when persons in prior classes are not available and in the absence of (i) actual notice of contrary intentions by the decedent and (ii) actual notice of opposition by any member within the same priority class, may give all or any part of the decedent's body after or immediately before death for any purpose specified in Section 4:

(1) the decedent's agent under a power of attorney for health care which provides specific direction regarding organ donation,

(2) the decedent's spouse,

(3) the decedent's adult sons or daughters,

(4) either of the decedent's parents,

(5) any of the decedent's adult brothers or sisters,

(6) any adult grandchild of the decedent,

(7) the guardian of the decedent's estate,

(8) the decedent's surrogate decision maker under the Health Care Surrogate Act,

(9) any person authorized or under obligation to dispose of the body.

If the donee has actual notice of opposition to the gift by the decedent or any person in the highest priority class in which an available person can be found, then no gift of all or any part of the decedent's body shall be accepted.

(c) For the purposes of this Act, a person will not be considered "available" for the giving of consent or refusal if:

(1) the existence of the person is unknown to the donee 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 donee has unsuccessfully attempted to contact the person by telephone or in any other reasonable manner;

(3) the person is unable or unwilling to respond in a manner which indicates the person's refusal or consent.

(d) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(e) The rights of the donee created by the gift are paramount to the rights of others except as provided by Section 8(d).

(f) If no gift has been executed under this Section, then no part of the decedent's body may be used for any purpose specified in Section 4 of this Act, except in accordance with the Organ Donation Request Act or the Corneal Transplant Act.

(Source: P.A. 92-349, eff. 1-1-02.)