20 ILCS 2310/2310-330
2021 Illinois Compiled Statutes|Chapter 20 - EXECUTIVE BRANCH|20 ILCS 2310/ - Civil Administrative Code of Illinois. (Department of Public Health Powers and Duties Law)|Article 2310 - Department Of Public Health

 (was 20 ILCS 2310/55.46)Sec. 2310-330. Sperm and tissue bank registry; AIDS test for donors;  penalties.(a) The Department shall establish a registry of all sperm  banks and tissue banks operating in this State.  All sperm banks and tissue  banks operating in this State  shall register with the Department by May 1 of each year.  Any person,  hospital, clinic, corporation, partnership, or other legal entity that  operates a sperm bank or tissue bank in this State and fails to register with  the  Department pursuant to this Section commits a business offense and shall be  subject to a fine of $5000.(b) All donors  of semen for purposes of artificial insemination, or donors of corneas,  bones, organs, or other human tissue for the purpose of injecting,  transfusing, or transplanting any of them in the human body, shall be  tested for  evidence of exposure to human immunodeficiency virus (HIV)  and any other identified causative agent of acquired immunodeficiency  syndrome (AIDS) at the time of or after the donation but prior to the  semen, corneas, bones, organs, or other human tissue being made available for  that use.  However, when in the opinion of the attending physician the life of a  recipient of a bone, organ, or other human tissue donation would be  jeopardized by delays caused by testing for evidence of exposure to HIV and  any other causative agent of AIDS, testing shall not be required.(c) Except as otherwise provided in subsection (c-5), no person may  intentionally, knowingly, recklessly, or negligently  use the semen, corneas, bones, organs, or  other human tissue of a donor unless the requirements of subsection (b)  have been met.  Except as otherwise provided in subsection (c-5), no person  may intentionally, knowingly, recklessly, or  negligently use the semen, corneas, bones, organs, or other human tissue of a  donor who  has tested positive for exposure to  HIV or any other identified causative agent of AIDS.  Violation of  this subsection (c) shall be a Class 4 felony.(c-5) It is not a violation of this Section for a person to perform a solid  organ transplant  of an organ from an HIV infected donor to a person who has tested positive for  exposure  to HIV or any other identified causative agent of AIDS and who is in immediate  threat of  death unless the transplant is performed. A tissue bank that provides an organ  from an  HIV infected donor under this subsection (c-5) may not be criminally or civilly  liable for  the furnishing of that organ under this subsection (c-5).(d) For the purposes of this Section:"Human tissue" shall not be  construed to mean organs or whole blood or its component parts."Tissue bank" has the same meaning as set forth in the Illinois Anatomical Gift Act."Solid organ transplant" means the surgical transplantation of internal  organs including, but not limited to, the liver, kidney, pancreas, lungs, or  heart.   "Solid  organ transplant" does not mean a bone marrow based transplant or a blood  transfusion."HIV infected donor" means a deceased donor who was infected with HIV or a living donor known to be infected with HIV and who is willing to donate a  part or all of one or more of his or her organs. A determination of the donor's HIV infection is made by the donor's medical history or by specific tests that document HIV infection, such as HIV RNA or DNA, or by antibodies to HIV.         (Source: P.A. 95-331, eff. 8-21-07.)