2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 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, facilitating transplantation of those organs and tissue into patients
in need of them, and encouraging anatomical gifts for therapy, research, or education.
Through this Act, laws relating to organ and tissue donation and
transplantation are consolidated
and modified for the purpose of furthering this public policy, and for the purpose of establishing consistency between this Act and the core provisions of the Revised Uniform Anatomical Gift Act drafted by the National Conference of Commissioners on Uniform State Laws.
(Source: P.A. 98-172, eff. 1-1-14.)
(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.
"Decedent" means a deceased individual and includes a stillborn
infant or fetus.
"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 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
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
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.)