Bill Text: IL HB1349 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Revised Uniform Anatomical Gift Act, proposed by the National Conference of Commissioners on Uniform State Laws. Contains provisions regarding: applicability; who may make an anatomical gift before a donor's death and the making, amending, or revoking of such a gift; the refusal to make an anatomical gift; who may make an anatomical gift of a decedent's body or part and the making, amending, or revoking of such a gift; documents of gift or other information identifying an individual as a donor or as an individual who made a refusal; the rights and duties of procurement organization and other parties; coordination of procurement and use; prohibition of the purchase of parts and other prohibitions; immunity; choice of law; presumptions; advance health-care directives; disability of a recipient of an anatomical gift; cooperation between coroners or medical examiners and procurement organizations; bodies under jurisdiction of a coroner or medical examiner; construction; and other matters. Repeals the Illinois Anatomical Gift Act. Amends various Acts to make conforming changes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB1349 Detail]

Download: Illinois-2009-HB1349-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1349 Introduced 2/18/2009, by Rep. William Davis SYNOPSIS AS INTRODUCED:
See Index
Creates the Revised Uniform Anatomical Gift Act, proposed by the National Conference of Commissioners on Uniform State Laws. Contains provisions regarding: applicability; who may make an anatomical gift before a donor's death and the making, amending, or revoking of such a gift; the refusal to make an anatomical gift; who may make an anatomical gift of a decedent's body or part and the making, amending, or revoking of such a gift; documents of gift or other information identifying an individual as a donor or as an individual who made a refusal; the rights and duties of procurement organization and other parties; coordination of procurement and use; prohibition of the purchase of parts and other prohibitions; immunity; choice of law; presumptions; advance health-care directives; disability of a recipient of an anatomical gift; cooperation between coroners or medical examiners and procurement organizations; bodies under jurisdiction of a coroner or medical examiner; construction; and other matters. Repeals the Illinois Anatomical Gift Act. Amends various Acts to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Revised Uniform Anatomical Gift Act.
Section 2. Definitions. In this Act:
(1) "Adult" means an individual who is at least 18 years of
age.
(2) "Agent" means an individual:
(A) authorized to make health-care decisions on the
principal's behalf by a power of attorney for health care
or in accordance with the Health Care Surrogate Act; or
(B) expressly authorized to make an anatomical gift on
the principal's behalf by any other record signed by the
principal.
(3) "Anatomical gift" means a donation of all or part of a
human body to take effect after the donor's death for the
purpose of transplantation, therapy, research, or education.
(3.1) "Death" means the irreversible cessation of total
brain function as determined according to the usual and
customary standard of medical practice or the irreversible
cessation of cardiac rhythm as determined according to the
usual and customary standard of medical practice.

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(4) "Decedent" means a deceased individual whose body or
part is or may be the source of an anatomical gift. The term
includes a stillborn infant and, subject to restrictions
imposed by law other than this Act, a fetus.
(5) "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 which an anatomical gift could
pass under Section 11.
(6) "Document of gift" means a donor card or other record
used to make an anatomical gift. The term includes a statement
or symbol on a driver's license, identification card, or donor
registry.
(6.1) "Donation after cardiac death" means the donation of
organs from a ventilated patient without a certification of
brain death and with a do-not-resuscitate order, if a decision
has been reached by the physician and the family to withdraw
life support and if the donation does not occur until after the
declaration of cardiac death.
(7) "Donor" means an individual whose body or part is the
subject of an anatomical gift.
(8) "Donor registry" means a database that contains records
of anatomical gifts and amendments to or revocations of
anatomical gifts.

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(9) "Driver's license" means a license or permit issued by
the Secretary of State to operate a vehicle, whether or not
conditions are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited
by either the American Association of Tissue Banks, the Eye
Bank Association of America, or the Association of Organ
Procurement Organizations, or regulated under federal or state
law to engage in the recovery, screening, testing, processing,
storage, or distribution of human eyes or portions of human
eyes.
(11) "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or
welfare of an individual. The term does not include a guardian
ad litem.
(12) "Hospital" means a facility licensed as a hospital
under the law of any state or a facility operated as a hospital
by the United States, a state, or a subdivision of a state.
(13) "Identification card" means an identification card
issued by the Secretary of State.
(14) "Know" means to have actual knowledge.
(15) "Minor" means an individual who is under 18 years of
age.
(16) "Organ procurement organization" means a person
designated by the Secretary of the United States Department of
Health and Human Services and accredited by either the American
Association of Tissue Banks, the Eye Bank Association of

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America, or the Association of Organ Procurement
Organizations, as an organ procurement organization.
(17) "Parent" means a parent whose parental rights have not
been terminated.
(18) "Part" means an organ, an eye, or tissue of a human
being. The term does not include the whole body.
(19) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
(20) "Physician" means an individual authorized to
practice medicine or osteopathy under the law of any state.
(21) "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank.
(22) "Prospective donor" means an individual who is dead or
near death and has been determined by a procurement
organization to have a part that could be medically suitable
for transplantation, therapy, research, or education. The term
does not include an individual who has made a refusal.
(23) "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and
able to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
(24) "Recipient" means an individual into whose body a
decedent's part has been or is intended to be transplanted.

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(25) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(26) "Refusal" means a record created under Section 7 that
expressly states an intent to bar other persons from making an
anatomical gift of an individual's body or part.
(27) "Sign" means, with the present intent to authenticate
or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record
an electronic symbol, sound, or process.
(28) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(29) "Technician" means an individual determined to be
qualified to remove or process parts by an appropriate
organization that is licensed, accredited, or regulated under
federal or state law. The term includes an enucleator.
(30) "Tissue" means a portion of the human body other than
an organ or an eye. The term does not include blood unless the
blood is donated for the purpose of research or education.
(31) "Tissue bank" means a person that is licensed,
accredited by either the American Association of Tissue Banks,
the Eye Bank Association of America, or the Association of
Organ Procurement Organizations, or regulated under federal or

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state law to engage in the recovery, screening, testing,
processing, storage, or distribution of tissue.
(32) "Transplant hospital" means a hospital that furnishes
organ transplants and other medical and surgical specialty
services required for the care of transplant patients.
Section 3. Applicability. This Act applies to an
anatomical gift or amendment to, revocation of, or refusal to
make an anatomical gift, whenever made.
Section 4. Who may make anatomical gift before donor's
death. Subject to Section 8, an anatomical gift of a donor's
body or part may be made during the life of the donor for the
purpose of transplantation, therapy, research, or education in
the manner provided in Section 5 by:
(1) the donor, if the donor is an adult or if the donor
is a minor and emancipated;
(2) an agent of the donor, unless the power of attorney
for health care or other record prohibits the agent from
making an anatomical gift;
(3) a parent of the donor, if the donor is an
unemancipated minor; or
(4) the donor's guardian.
Section 5. Manner of making anatomical gift before donor's
death.

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(a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating
that the donor has made an anatomical gift to be imprinted
on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor,
by any form of communication addressed to at least two
adults, at least one of whom is a disinterested witness; or
(4) as provided in subsections (b) and (b-1).
(b) A donor or other person authorized to make an
anatomical gift under Section 4 may make a gift by a donor card
or other record signed by the donor or other person making the
gift or by authorizing that a statement or symbol indicating
that the donor has made an anatomical gift be included on a
donor registry. If the donor or other person is physically
unable to sign a record, the record may be signed by another
individual at the direction of the donor or other person and
must:
(1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the
request of the donor or the other person; and
(2) state that it has been signed and witnessed as
provided in paragraph (1).
(b-1) A gift under Section 4(1) may also be made by an
individual consenting to have his or her name included in the
First Person Consent organ and tissue donor registry maintained

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by the Secretary of State under Section 6-117 of the Illinois
Vehicle Code. An individual's consent to have his or her name
included in the First Person Consent organ and tissue donor
registry constitutes full legal authority for the donation of
any of his or her organs or tissue. Consenting to be included
in the First Person Consent organ and tissue donor registry is
effective without regard to the presence or signature of
witnesses.
(c) Revocation, suspension, expiration, or cancellation of
a driver's license or identification card upon which an
anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the
donor's death whether or not the will is probated. Invalidation
of the will after the donor's death does not invalidate the
gift.
Section 6. Amending or revoking anatomical gift before
donor's death.
(a) Subject to Section 8, a donor or other person
authorized to make an anatomical gift under Section 4 may amend
or revoke an anatomical gift by:
(1) a record signed by:
(A) the donor;
(B) the other person; or
(C) subject to subsection (b), another individual
acting at the direction of the donor or the other

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person if the donor or other person is physically
unable to sign; or
(2) a later-executed document of gift that amends or
revokes a previous anatomical gift or portion of an
anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subsection (a)(1)(C) must:
(1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the
request of the donor or the other person; and
(2) state that it has been signed and witnessed as
provided in paragraph (1).
(c) Subject to Section 8, a donor or other person
authorized to make an anatomical gift under Section 4 may
revoke an anatomical gift by the destruction or cancellation of
the document of gift, or the portion of the document of gift
used to make the gift, with the intent to revoke the gift.
(c-1) An individual may withdraw his or her consent to be
listed in the First Person Consent organ and tissue donor
registry maintained by the Secretary of State by notifying the
Secretary of State in writing, or by any other means approved
by the Secretary, of the individual's decision to have his or
her name removed from the registry.
(d) A donor may amend or revoke an anatomical gift that was
not made in a will by any form of communication during a
terminal illness or injury addressed to at least two adults, at
least one of whom is a disinterested witness.

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(e) A donor who makes an anatomical gift in a will may
amend or revoke the gift in the manner provided for amendment
or revocation of wills or as provided in subsection (a).
Section 7. Refusal to make anatomical gift; effect of
refusal.
(a) An individual may refuse to make an anatomical gift of
the individual's body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to subsection (b), another individual
acting at the direction of the individual if the
individual is physically unable to sign;
(2) the individual's will, whether or not the will is
admitted to probate or invalidated after the individual's
death; or
(3) any form of communication made by the individual
during the individual's terminal illness or injury
addressed to at least two adults, at least one of whom is a
disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) must:
(1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the
request of the individual; and
(2) state that it has been signed and witnessed as
provided in paragraph (1).

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(c) An individual who has made a refusal may amend or
revoke the refusal:
(1) in the manner provided in subsection (a) for making
a refusal;
(2) by subsequently making an anatomical gift pursuant
to Section 5 that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing
the refusal, or the portion of the record used to make the
refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in Section 8(h), in the
absence of an express, contrary indication by the individual
set forth in the refusal, an individual's unrevoked refusal to
make an anatomical gift of the individual's body or part bars
all other persons from making an anatomical gift of the
individual's body or part.
Section 8. Preclusive effect of anatomical gift,
amendment, or revocation.
(a) Except as otherwise provided in subsection (g) and
subject to subsection (f), in the absence of an express,
contrary indication by the donor, a person other than the donor
is barred from making, amending, or revoking an anatomical gift
of a donor's body or part if the donor made an anatomical gift
of the donor's body or part under Section 5 or an amendment to
an anatomical gift of the donor's body or part under Section 6.
(b) A donor's revocation of an anatomical gift of the

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donor's body or part under Section 6 is not a refusal and does
not bar another person specified in Section 4 or 9 from making
an anatomical gift of the donor's body or part under Section 5
or 10.
(c) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under Section 5 or
an amendment to an anatomical gift of the donor's body or part
under Section 6, another person may not make, amend, or revoke
the gift of the donor's body or part under Section 10.
(d) A revocation of an anatomical gift of a donor's body or
part under Section 6 by a person other than the donor does not
bar another person from making an anatomical gift of the body
or part under Section 5 or 10.
(e) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical gift
under Section 4, an anatomical gift of a part is neither a
refusal to give another part nor a limitation on the making of
an anatomical gift of another part at a later time by the donor
or another person.
(f) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical gift
under Section 4, an anatomical gift of a part for one or more
of the purposes set forth in Section 4 is not a limitation on
the making of an anatomical gift of the part for any of the
other purposes by the donor or any other person under Section 5
or 10.

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(g) If a donor who is an unemancipated minor dies, a parent
of the donor who is reasonably available may revoke or amend an
anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
Section 9. Who may make anatomical gift of decedent's body
or part.
(a) Subject to subsections (b) and (c) and unless barred by
Section 7 or 8, an anatomical gift of a decedent's body or part
for purpose of transplantation, therapy, research, or
education may be made after or immediately before death by any
member of the following classes of persons who is reasonably
available, in the order of priority listed:
(1) an agent of the decedent at the time of death who
could have made an anatomical gift under Section 4(2)
immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern for
the decedent;

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(9) the persons who were acting as the guardians of the
person of the decedent at the time of death; and
(10) any other person having the authority to dispose
of the decedent's body.
(b) If there is more than one member of a class listed in
subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to
make an anatomical gift, an anatomical gift may be made by a
member of the class unless that member or a person to which the
gift may pass under Section 11 knows of an objection by another
member of the class. If an objection is known, the gift may be
made only by a majority of the members of the class who are
reasonably available.
(c) A person may not make an anatomical gift if, at the
time of the decedent's death, a person in a prior class under
subsection (a) is reasonably available to make or to object to
the making of an anatomical gift.
Section 10. Manner of making, amending, or revoking
anatomical gift of decedent's body or part.
(a) A person authorized to make an anatomical gift under
Section 9 may make an anatomical gift by a document of gift
signed by the person making the gift or by that person's oral
communication that is electronically recorded or is
contemporaneously reduced to a record and signed by the
individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a

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person authorized under Section 9 may be amended or revoked
orally or in a record by any member of a prior class who is
reasonably available. If more than one member of the prior
class is reasonably available, the gift made by a person
authorized under Section 9 may be:
(1) amended only if a majority of the reasonably
available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably
available members agree to the revoking of the gift or if
they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) is effective only if,
before an incision has been made to remove a part from the
donor's body or before invasive procedures have begun to
prepare the recipient, the procurement organization,
transplant hospital, or physician or technician knows of the
revocation.
Section 11. Persons that may receive anatomical gift;
purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons
named in the document of gift:
(1) a hospital; accredited medical school, dental
school, college, or university; organ procurement
organization; or other appropriate person, for research or
education;
(2) subject to subsection (b), an individual

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designated by the person making the anatomical gift if the
individual is the recipient of the part;
(3) an eye bank or tissue bank.
(b) If an anatomical gift to an individual under subsection
(a)(2) cannot be transplanted into the individual, the part
passes in accordance with subsection (g) in the absence of an
express, contrary indication by the person making the
anatomical gift.
(c) If an anatomical gift of one or more specific parts or
of all parts is made in a document of gift that does not name a
person described in subsection (a) but identifies the purpose
for which an anatomical gift may be used, the following rules
apply:
(1) If the part is an eye and the gift is for the
purpose of transplantation or therapy, the gift passes to
the appropriate eye bank.
(2) If the part is tissue and the gift is for the
purpose of transplantation or therapy, the gift passes to
the appropriate tissue bank.
(3) If the part is an organ and the gift is for the
purpose of transplantation or therapy, the gift passes to
the appropriate organ procurement organization as
custodian of the organ.
(4) If the part is an organ, an eye, or tissue and the
gift is for the purpose of research or education, the gift
passes to the appropriate procurement organization.

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(d) For the purpose of subsection (c), if there is more
than one purpose of an anatomical gift set forth in the
document of gift but the purposes are not set forth in any
priority, the gift must be used for transplantation or therapy,
if suitable. If the gift cannot be used for transplantation or
therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts is
made in a document of gift that does not name a person
described in subsection (a) and does not identify the purpose
of the gift, the gift may be used only for transplantation or
therapy, and the gift passes in accordance with subsection (g).
(f) If a document of gift specifies only a general intent
to make an anatomical gift by words such as "donor", "organ
donor", or "body donor", or by a symbol or statement of similar
import, the gift may be used only for transplantation or
therapy, and the gift passes in accordance with subsection (g).
(g) For purposes of subsections (b), (e), and (f) the
following rules apply:
(1) If the part is an eye, the gift passes to the
appropriate eye bank.
(2) If the part is tissue, the gift passes to the
appropriate tissue bank.
(3) If the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of
the organ.
(h) An anatomical gift of an organ for transplantation or

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therapy, other than an anatomical gift under subsection (a)(2),
passes to the organ procurement organization as custodian of
the organ.
(i) If an anatomical gift does not pass pursuant to
subsections (a) through (h) or the decedent's body or part is
not used for transplantation, therapy, research, or education,
custody of the body or part passes to the person under
obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the
person knows that the gift was not effectively made under
Section 5 or 10 or if the person knows that the decedent made a
refusal under Section 7 that was not revoked. For purposes of
the subsection, if a person knows that an anatomical gift was
made on a document of gift, the person is deemed to know of any
amendment or revocation of the gift or any refusal to make an
anatomical gift on the same document of gift.
(k) Except as otherwise provided in subsection (a)(2),
nothing in this Act affects the allocation of organs for
transplantation or therapy.
Section 12. Search and notification.
(a) The following persons shall make a reasonable search of
an individual who the person reasonably believes is dead or
near death for a document of gift or other information
identifying the individual as a donor or as an individual who
made a refusal:

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(1) a law enforcement officer, firefighter, paramedic,
or other emergency rescuer finding the individual; and
(2) if no other source of the information is
immediately available, a hospital, as soon as practical
after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an
anatomical gift is located by the search required by subsection
(a)(1) and the individual or deceased individual to whom it
relates is taken to a hospital, the person responsible for
conducting the search shall send the document of gift or
refusal to the hospital.
(c) A person is not subject to criminal or civil liability
for failing to discharge the duties imposed by this Section but
may be subject to administrative sanctions.
Section 13. Delivery of document of gift not required;
right to examine.
(a) A document of gift need not be delivered during the
donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in
possession of a document of gift or a refusal to make an
anatomical gift with respect to the individual shall allow
examination and copying of the document of gift or refusal by a
person authorized to make or object to the making of an
anatomical gift with respect to the individual or by a person
to which the gift could pass under Section 11.

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Section 14. Rights and duties of procurement organization
and others.
(a) When a hospital refers an individual at or near death
to a procurement organization, the organization shall make a
reasonable search of the records of the Secretary of State and
any donor registry that it knows exists for the geographical
area in which the individual resides to ascertain whether the
individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable
access to information in the records of the Secretary of State
to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death
to a procurement organization, the organization may conduct any
reasonable examination necessary to ensure the medical
suitability of a part that is or could be the subject of an
anatomical gift for transplantation, therapy, research, or
education from a donor or a prospective donor. During the
examination period, measures necessary to ensure the medical
suitability of the part may not be withdrawn unless the
hospital or procurement organization knows that the individual
expressed a contrary intent.
(c-1) If a prospective donor of any organ or an individual
with the authority under Section 9 to donate an organ of a
prospective donor who is not brain dead expresses an interest
in organ donation and the potential donor is a patient at a

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hospital that does not allow donation after cardiac death, the
organ procurement organization shall orally inform the patient
or the other individual if the patient does not have
decision-making capacity that the hospital does not allow
donation after cardiac death. In addition to providing oral
notification, the organ procurement organization shall give to
the patient or other individual if the patient does not have
decision-making capacity a record stating that:
(i) the patient or the other individual has been given
literature and has been counseled about organ donation
after cardiac death by (representative's name) of the
(organ procurement agency name);
(ii) all organ donation options have been explained to
the patient or the other individual, including the option
of donation after cardiac death;
(iii) the patient or the other individual is aware that
the hospital where the prospective donor is a patient does
not allow donation after cardiac death;
(iv) the patient or the other individual has been
informed of the right to request a patient transfer to a
facility allowing donation after cardiac death; and
(v) the patient or the other individual has been
informed of another hospital that will allow donation after
cardiac death and will accept a patient transfer for the
purpose of donation after cardiac death and that the cost
of transferring the patient to that other hospital will be

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covered by the organ procurement organization with no
additional cost to the patient or the other individual.
(d) Unless prohibited by law other than this Act, at any
time after a donor's death, the person to which a part passes
under Section 11 may conduct any reasonable examination
necessary to ensure the medical suitability of the body or part
for its intended purpose. If the procurement organization is
provided information, or determines through independent
examination, that there is evidence that the gift was exposed
to the human immunodeficiency virus (HIV) or any other
identified causative agent of acquired immunodeficiency
syndrome (AIDS), the donee may reject the gift and shall treat
the information and examination results as a confidential
medical record; the donee may disclose only the results
confirming HIV exposure, and only to the physician of the
deceased donor. The donor's physician shall determine whether
the person who executed the gift should be notified of the
confirmed positive test result.
(e) Unless prohibited by law other than this Act, an
examination under subsection (c) or (d) may include an
examination of all medical and dental records of the donor or
prospective donor.
(f) (Blank).
(g) Upon referral by a hospital under subsection (a), a
procurement organization shall make a reasonable search for any
person listed in Section 9 having priority to make an

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anatomical gift on behalf of a prospective donor. If a
procurement organization receives information that an
anatomical gift to any other person was made, amended, or
revoked, it shall promptly advise the other person of all
relevant information.
(h) Subject to Sections 11(i) and 23, the rights of the
person to which a part passes under Section 11 are superior to
the rights of all others with respect to the part. The person
may accept or reject an anatomical gift in whole or in part.
Subject to the terms of the document of gift and this Act, a
person that accepts an anatomical gift of an entire body may
allow embalming, burial or cremation, and use of remains in a
funeral service. If the gift is of a part, the person to which
the part passes under Section 11, upon the death of the donor
and before embalming, burial, or cremation, shall cause the
part to be removed without unnecessary mutilation.
(i) Neither the physician who attends the decedent at death
nor the physician who determines the time of the decedent's
death may participate in the procedures for removing or
transplanting a part from the decedent.
(j) A physician or technician may remove a donated part
from the body of a donor that the physician or technician is
qualified to remove.
Section 15. Coordination of procurement and use. Each
hospital in this State shall enter into agreements or

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affiliations with procurement organizations for coordination
of procurement and use of anatomical gifts. Coroners and
medical examiners shall not interfere with agreements or
affiliations with procurement organizations for coordination
of procurement.
Section 16. Sale or purchase of parts prohibited.
(a) Except as otherwise provided in subsection (b), a
person that for valuable consideration, knowingly purchases or
sells a part for transplantation or therapy if removal of a
part from an individual is intended to occur after the
individual death shall be guilty of a Class 4 felony for the
first conviction and a Class 2 felony for subsequent
convictions; further provided, however, if a person is in the
business of procuring or recovering parts, such person must be
formed as a non-profit organization exempt from federal income
taxation pursuant to Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, otherwise such person shall be in
violation of this Act and shall be guilty of a Class 4 felony
for the first conviction and a Class 2 felony for subsequent
convictions. Hospitals, physicians, or other licensed health
care providers in the State of Illinois who recover or procure
tissue for their own patients shall not be subject to the
penalties contained in this provision.
(b) A person may charge a reasonable amount for the
removal, processing, preservation, quality control, storage,

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transportation, implantation, or disposal of a part.
Section 17. Other prohibited acts. A person that, in order
to obtain a financial gain, intentionally falsifies, forges,
conceals, defaces, or obliterates a document of gift, an
amendment or revocation of a document of gift, or a refusal
commits a Class 3 felony.
Section 18. Immunity.
(a) A person that acts in good faith in accordance with the
terms of this Act, the Illinois Vehicle Code, and the AIDS
Confidentiality Act, or with the applicable anatomical gift law
of another state, including any person that participates in
good faith and according to the usual and customary standards
of medical practice in the preservation, removal, or
transplantation, of any part of a decedent's body pursuant to
an anatomical gift made under this Act or attempts in good
faith to do so, is not liable for the act in a civil action,
criminal prosecution, or administrative proceeding.
(a-1) For the purposes of any proceedings, civil or
criminal, it shall be presumed that any anatomical gift made
pursuant to this Act is valid and that any person participating
in the removal or transplantation of any part of a decedent's
body to effectuate an anatomical gift made pursuant to this Act
acted in good faith.
(b) Neither the person making an anatomical gift nor the

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donor's estate is liable for any injury or damage that results
from the making or use of the gift.
(c) In determining whether an anatomical gift has been
made, amended, or revoked under this Act, a person may rely
upon representations of an individual listed in Section
9(a)(2), (3), (4), (5), (6), (7), or (8) relating to the
individual's relationship to the donor or prospective donor
unless the person knows that the representation is untrue.
Section 19. Law governing validity; choice of law as to
execution of document of gift; presumption of validity.
(a) A document of gift is valid if executed in accordance
with:
(1) this Act;
(2) the laws of the state or country where it was
executed; or
(3) the laws of the state or country where the person
making the anatomical gift was domiciled, has a place of
residence, or was a national at the time the document of
gift was executed.
(b) If a document of gift is valid under this Section, the
law of this State governs the interpretation of the document of
gift.
(c) A person may presume that a document of gift or
amendment of an anatomical gift is valid unless that person
knows that it was not validly executed or was revoked.

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Section 20. (Blank).
Section 21. Effect of anatomical gift on advance
health-care directive.
(a) In this Section:
(1) "Advance health-care directive" means a power of
attorney for health care or a record signed or authorized
by a prospective donor containing the prospective donor's
direction concerning a health-care decision for the
prospective donor.
(2) "Declaration" means a record signed by a
prospective donor specifying the circumstances under which
a life support system may be withheld or withdrawn from the
prospective donor.
(3) "Health-care decision" means any decision
regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance
health-care directive and the terms of the declaration or
directive and the express or implied terms of a potential
anatomical gift are in conflict with regard to the
administration of measures necessary to ensure the medical
suitability of a part for transplantation or therapy, the
prospective donor's attending physician and prospective donor
shall confer to resolve the conflict. If the prospective donor
is incapable of resolving the conflict, an agent acting under

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the prospective donor's declaration or directive, or, if none
or the agent is not reasonably available, another person
authorized by law other than this Act to make health-care
decisions on behalf of the prospective donor, shall act for the
donor to resolve the conflict. The conflict must be resolved as
expeditiously as possible. Information relevant to the
resolution of the conflict may be obtained from the appropriate
procurement organization and any other person authorized to
make an anatomical gift for the prospective donor under Section
9. Before resolution of the conflict, measures necessary to
ensure the medical suitability of the part may not be withheld
or withdrawn from the prospective donor if withholding or
withdrawing the measures is not contraindicated by appropriate
end-of-life care.
Section 21.1. Disability of recipient.
(a) No hospital, physician, procurement agency or other
person shall determine the ultimate recipient of an anatomical
gift based upon a potential recipient's physical or mental
disability, except to the extent that the physical or mental
disability has been found by a physician, following a case by
case evaluation of the potential recipient, to be medically
significant to the provision of the anatomical gift.
(b) Subsection (a) shall apply to each part of the organ
transplant process.
(c) The court shall accord priority on its calendar and

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handle expeditiously any action brought to seek any remedy
authorized by law for purposes of enforcing compliance with
this Section.
(d) This Section shall not be deemed to require referrals
or recommendations for or the performance of medically
inappropriate organ transplants.
(e) As used in this Section, "disability" has the same
meaning as in the federal Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
amended from time to time.
Section 22. Cooperation between coroner or medical
examiner and procurement organization.
(a) A coroner or medical examiner shall cooperate with
procurement organizations to maximize the opportunity to
recover anatomical gifts for the purpose of transplantation,
therapy, research, or education.
(b) If a coroner or medical examiner receives notice from a
procurement organization that an anatomical gift might be
available or was made with respect to a decedent whose body is
under the jurisdiction of the coroner or medical examiner and a
post-mortem examination is going to be performed, unless the
coroner or medical examiner denies recovery in accordance with
Section 23, the coroner or medical examiner or designee shall
conduct a post-mortem examination of the body or the part in a
manner and within a period compatible with its preservation for

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the purposes of the gift.
(c) A part may not be removed from the body of a decedent
under the jurisdiction of a coroner or medical examiner for
transplantation, therapy, research, or education unless the
part is the subject of an anatomical gift or in accordance with
subsection (d). The body of a decedent under the jurisdiction
of the coroner or medical examiner may not be delivered to a
person for research or education unless the body is the subject
of an anatomical gift. This subsection does not preclude a
coroner or medical examiner from performing the medicolegal
investigation upon the body or parts of a decedent under the
jurisdiction of the coroner or medical examiner.
(d) Upon request by a physician licensed to practice
medicine in all its branches, or by an eye bank certified by
the Eye Bank Association of America, and approved by the
coroner or county medical examiner, in any case in which a
patient is in need of corneal tissue for a transplant, a
coroner or county medical examiner who orders the performance
of an autopsy may provide corneal tissue of a decedent whenever
all of the following conditions are met:
(1) The decedent from whom the tissue is taken is under
the jurisdiction of the coroner or county medical examiner.
(2) There has been a reasonable and good faith effort
by the coroner or county medical examiner or any authorized
individual acting for the coroner or county medical
examiner to contact an appropriate person as set forth in

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subsection (b) of this Section.
(3) No objection by the decedent or, after the
decedent's death, by an appropriate person as set forth in
subsection (e) of this Section is known to the coroner or
county medical examiner or authorized individual acting
for the coroner or county medical examiner prior to removal
of the corneal tissue.
(4) The person designated to remove the tissue is
qualified to do so under this Act.
(5) Removal of the tissue will not interfere with the
subsequent course of an investigation or autopsy.
(6) The individual when living did not make known in
writing his or her objection on religious grounds to the
removal of his or her corneal tissue.
(e) Objection to the removal of corneal tissue may be made
known to the coroner or county medical examiner or authorized
individual acting for the coroner or county medical examiner by
the individual during his or her lifetime or by the following
persons, in the order of priority stated, after the decedent's
death: (1) an individual acting as the decedent's agent under a
power of attorney for health care; (2) the decedent's surrogate
decision maker identified by the attending physician in
accordance with the Health Care Surrogate Act; (3) the guardian
of the decedent's person at the time of death; (4) the
decedent's spouse; (5) any of the decedent's adult sons or
daughters; (6) either of the decedent's parents; (7) any of the

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decedent's adult brothers or sisters; (8) any adult grandchild
of the decedent; (9) a close friend of the decedent; (10) the
guardian of the decedent's estate; or (11) any other person
authorized or under legal obligation to dispose of the body.
(f) If the coroner or county medical examiner or any
authorized individual acting for the coroner or county medical
examiner has actual notice of any contrary indications by the
decedent or actual notice that any member within the same class
specified in subsection (e), paragraphs (1) through (11), of
this Section, in the same order of priority, objects to the
removal, the coroner or county medical examiner shall not
approve the removal of corneal tissue.
(g) The coroner or county medical examiner or any
authorized individual acting for the coroner or county medical
examiner authorizing the removal of corneal tissue, or the
persons or organizations listed in subsection (d) of this
Section, shall not be liable in any civil or criminal action
for removing corneal tissue from a decedent and using the same
for transplant purposes if there has been compliance with the
provisions of this Section.
Section 23. Facilitation of anatomical gift from decedent
whose body is under jurisdiction of coroner or medical
examiner.
(a) Upon request of a procurement organization, a coroner
or medical examiner shall release to the procurement

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organization the name, contact information, and available
medical and social history of a decedent whose body is under
the jurisdiction of the coroner or medical examiner. If the
decedent's body or part is medically suitable for
transplantation, therapy, research, or education, the coroner
or medical examiner shall release post-mortem examination
results to the procurement organization. The procurement
organization may make a subsequent disclosure of the
post-mortem examination results or other information received
from the coroner or medical examiner only if relevant to
transplantation or therapy.
(b) The coroner or medical examiner may conduct a
medicolegal examination by reviewing all medical records,
laboratory test results, x-rays, other diagnostic results, and
other information that any person possesses about a donor or
prospective donor whose body is under the jurisdiction of the
coroner or medical examiner which the coroner or medical
examiner determines may be relevant to the investigation.
(c) A person that has any information requested by a
coroner or medical examiner pursuant to subsection (b) shall
provide that information as expeditiously as possible to allow
the coroner or medical examiner to conduct the medicolegal
investigation within a period compatible with the preservation
of parts for the purpose of transplantation, therapy, research,
or education.
(d) If an anatomical gift has been or might be made of a

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part of a decedent whose body is under the jurisdiction of the
coroner or medical examiner and a post-mortem examination is
not required, or the coroner or medical examiner determines
that a post-mortem examination is required but that the
recovery of the part that is the subject of an anatomical gift
will not interfere with the examination, the coroner or medical
examiner and procurement organization shall cooperate in the
timely removal of the part from the decedent for the purpose of
transplantation, therapy, research, or education.
(e) If an anatomical gift of a part from the decedent under
the jurisdiction of the coroner or medical examiner has been or
might be made, but the coroner or medical examiner initially
believes that the recovery of the part could interfere with the
post-mortem investigation into the decedent's cause or manner
of death, the coroner or medical examiner shall consult with
the procurement organization or physician or technician
designated by the procurement organization about the proposed
recovery. After consultation, the coroner or medical examiner
may allow the recovery.
(f) Following the consultation under subsection (e), in the
absence of mutually agreed-upon protocols to resolve conflict
between the coroner or medical examiner and the procurement
organization, if the coroner or medical examiner intends to
deny recovery, the coroner or medical examiner or designee, at
the request of the procurement organization, shall attend the
removal procedure for the part before making a final

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determination not to allow the procurement organization to
recover the part. During the removal procedure, the coroner or
medical examiner or designee may allow recovery by the
procurement organization to proceed, or, if the coroner or
medical examiner or designee reasonably believes that the part
may be involved in determining the decedent's cause or manner
of death, deny recovery by the procurement organization.
(g) If the coroner or medical examiner or designee denies
recovery under subsection (f), the coroner or medical examiner
or designee shall:
(1) explain in a record the specific reasons for not
allowing recovery of the part;
(2) include the specific reasons in the records of the
coroner or medical examiner; and
(3) provide a record with the specific reasons to the
procurement organization.
(h) If the coroner or medical examiner or designee allows
recovery of a part under subsection (d), (e), or (f), the
procurement organization, upon request, shall cause the
physician or technician who removes the part to provide the
coroner or medical examiner with a record describing the
condition of the part, a biopsy, a photograph, and any other
information and observations that would assist in the
post-mortem examination.
(i) If a coroner or medical examiner or designee is
required to be present at a removal procedure under subsection

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(f), upon request the procurement organization requesting the
recovery of the part shall reimburse the coroner or medical
examiner or designee for the additional costs incurred in
complying with subsection (f).
Section 24. Uniformity of application and construction. In
applying and construing this uniform Act, consideration must be
given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
Section 25. Relation to Electronic Signatures in Global and
National Commerce Act. This Act modifies, limits, and
supersedes the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
modify, limit or supersede Section 101(a) of that Act, 15
U.S.C. Section 7001, or authorize electronic delivery of any of
the notices described in Section 103(b) of that Act, 15 U.S.C.
Section 7003(b).
(755 ILCS 50/Act rep.)
Section 26. Repeals. The following Act is repealed:
The Illinois Anatomical Gift Act.
Section 26.1. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-330 as follows:

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(20 ILCS 2310/2310-330) (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.

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(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" means any facility or program operating in
Illinois that is certified or accredited by American
Association of Tissue Banks, the Eye Bank Association of
America, or the Association of Organ Procurement Organizations

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and is involved in procuring, furnishing, donating,
processing, 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 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.)
Section 26.2. The Hospital Licensing Act is amended by
changing Sections 6.16 and 10.4 as follows:
(210 ILCS 85/6.16)

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Sec. 6.16. Agreement with designated organ procurement
agency. Each hospital licensed under this Act shall have an
agreement with its federally designated organ procurement
agency providing for notification of the organ procurement
agency when potential organ donors become available, as
required in Section 5-25 of the Illinois Anatomical Gift Act.
(Source: P.A. 93-794, eff. 7-22-04.)
(210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
Sec. 10.4. Medical staff privileges.
(a) Any hospital licensed under this Act or any hospital
organized under the University of Illinois Hospital Act shall,
prior to the granting of any medical staff privileges to an
applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional Regulation
information concerning the licensure status and any
disciplinary action taken against the applicant's or medical
staff member's license, except: (1) for medical personnel who
enter a hospital to obtain organs and tissues for transplant
from a donor in accordance with the Illinois Anatomical Gift
Act or the Revised Uniform Anatomical Gift Act; or (2) for
medical personnel who have been granted disaster privileges
pursuant to the procedures and requirements established by
rules adopted by the Department. Any hospital and any employees
of the hospital or others involved in granting privileges who,
in good faith, grant disaster privileges pursuant to this

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Section to respond to an emergency shall not, as a result of
their acts or omissions, be liable for civil damages for
granting or denying disaster privileges except in the event of
willful and wanton misconduct, as that term is defined in
Section 10.2 of this Act. Individuals granted privileges who
provide care in an emergency situation, in good faith and
without direct compensation, shall not, as a result of their
acts or omissions, except for acts or omissions involving
willful and wanton misconduct, as that term is defined in
Section 10.2 of this Act, on the part of the person, be liable
for civil damages. The Director of Professional Regulation
shall transmit, in writing and in a timely fashion, such
information regarding the license of the applicant or the
medical staff member, including the record of imposition of any
periods of supervision or monitoring as a result of alcohol or
substance abuse, as provided by Section 23 of the Medical
Practice Act of 1987, and such information as may have been
submitted to the Department indicating that the application or
medical staff member has been denied, or has surrendered,
medical staff privileges at a hospital licensed under this Act,
or any equivalent facility in another state or territory of the
United States. The Director of Professional Regulation shall
define by rule the period for timely response to such requests.
No transmittal of information by the Director of
Professional Regulation, under this Section shall be to other
than the president, chief operating officer, chief

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administrative officer, or chief of the medical staff of a
hospital licensed under this Act, a hospital organized under
the University of Illinois Hospital Act, or a hospital operated
by the United States, or any of its instrumentalities. The
information so transmitted shall be afforded the same status as
is information concerning medical studies by Part 21 of Article
VIII of the Code of Civil Procedure, as now or hereafter
amended.
(b) All hospitals licensed under this Act, except county
hospitals as defined in subsection (c) of Section 15-1 of the
Illinois Public Aid Code, shall comply with, and the medical
staff bylaws of these hospitals shall include rules consistent
with, the provisions of this Section in granting, limiting,
renewing, or denying medical staff membership and clinical
staff privileges. Hospitals that require medical staff members
to possess faculty status with a specific institution of higher
education are not required to comply with subsection (1) below
when the physician does not possess faculty status.
(1) Minimum procedures for pre-applicants and
applicants for medical staff membership shall include the
following:
(A) Written procedures relating to the acceptance
and processing of pre-applicants or applicants for
medical staff membership, which should be contained in
medical staff bylaws.
(B) Written procedures to be followed in

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determining a pre-applicant's or an applicant's
qualifications for being granted medical staff
membership and privileges.
(C) Written criteria to be followed in evaluating a
pre-applicant's or an applicant's qualifications.
(D) An evaluation of a pre-applicant's or an
applicant's current health status and current license
status in Illinois.
(E) A written response to each pre-applicant or
applicant that explains the reason or reasons for any
adverse decision (including all reasons based in whole
or in part on the applicant's medical qualifications or
any other basis, including economic factors).
(2) Minimum procedures with respect to medical staff
and clinical privilege determinations concerning current
members of the medical staff shall include the following:
(A) A written notice of an adverse decision.
(B) An explanation of the reasons for an adverse
decision including all reasons based on the quality of
medical care or any other basis, including economic
factors.
(C) A statement of the medical staff member's right
to request a fair hearing on the adverse decision
before a hearing panel whose membership is mutually
agreed upon by the medical staff and the hospital
governing board. The hearing panel shall have

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independent authority to recommend action to the
hospital governing board. Upon the request of the
medical staff member or the hospital governing board,
the hearing panel shall make findings concerning the
nature of each basis for any adverse decision
recommended to and accepted by the hospital governing
board.
(i) Nothing in this subparagraph (C) limits a
hospital's or medical staff's right to summarily
suspend, without a prior hearing, a person's
medical staff membership or clinical privileges if
the continuation of practice of a medical staff
member constitutes an immediate danger to the
public, including patients, visitors, and hospital
employees and staff. A fair hearing shall be
commenced within 15 days after the suspension and
completed without delay.
(ii) Nothing in this subparagraph (C) limits a
medical staff's right to permit, in the medical
staff bylaws, summary suspension of membership or
clinical privileges in designated administrative
circumstances as specifically approved by the
medical staff. This bylaw provision must
specifically describe both the administrative
circumstance that can result in a summary
suspension and the length of the summary

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suspension. The opportunity for a fair hearing is
required for any administrative summary
suspension. Any requested hearing must be
commenced within 15 days after the summary
suspension and completed without delay. Adverse
decisions other than suspension or other
restrictions on the treatment or admission of
patients may be imposed summarily and without a
hearing under designated administrative
circumstances as specifically provided for in the
medical staff bylaws as approved by the medical
staff.
(iii) If a hospital exercises its option to
enter into an exclusive contract and that contract
results in the total or partial termination or
reduction of medical staff membership or clinical
privileges of a current medical staff member, the
hospital shall provide the affected medical staff
member 60 days prior notice of the effect on his or
her medical staff membership or privileges. An
affected medical staff member desiring a hearing
under subparagraph (C) of this paragraph (2) must
request the hearing within 14 days after the date
he or she is so notified. The requested hearing
shall be commenced and completed (with a report and
recommendation to the affected medical staff

HB1349 - 46 - LRB096 04093 WGH 18977 b
member, hospital governing board, and medical
staff) within 30 days after the date of the medical
staff member's request. If agreed upon by both the
medical staff and the hospital governing board,
the medical staff bylaws may provide for longer
time periods.
(D) A statement of the member's right to inspect
all pertinent information in the hospital's possession
with respect to the decision.
(E) A statement of the member's right to present
witnesses and other evidence at the hearing on the
decision.
(F) A written notice and written explanation of the
decision resulting from the hearing.
(F-5) A written notice of a final adverse decision
by a hospital governing board.
(G) Notice given 15 days before implementation of
an adverse medical staff membership or clinical
privileges decision based substantially on economic
factors. This notice shall be given after the medical
staff member exhausts all applicable procedures under
this Section, including item (iii) of subparagraph (C)
of this paragraph (2), and under the medical staff
bylaws in order to allow sufficient time for the
orderly provision of patient care.
(H) Nothing in this paragraph (2) of this

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subsection (b) limits a medical staff member's right to
waive, in writing, the rights provided in
subparagraphs (A) through (G) of this paragraph (2) of
this subsection (b) upon being granted the written
exclusive right to provide particular services at a
hospital, either individually or as a member of a
group. If an exclusive contract is signed by a
representative of a group of physicians, a waiver
contained in the contract shall apply to all members of
the group unless stated otherwise in the contract.
(3) Every adverse medical staff membership and
clinical privilege decision based substantially on
economic factors shall be reported to the Hospital
Licensing Board before the decision takes effect. These
reports shall not be disclosed in any form that reveals the
identity of any hospital or physician. These reports shall
be utilized to study the effects that hospital medical
staff membership and clinical privilege decisions based
upon economic factors have on access to care and the
availability of physician services. The Hospital Licensing
Board shall submit an initial study to the Governor and the
General Assembly by January 1, 1996, and subsequent reports
shall be submitted periodically thereafter.
(4) As used in this Section:
"Adverse decision" means a decision reducing,
restricting, suspending, revoking, denying, or not

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renewing medical staff membership or clinical privileges.
"Economic factor" means any information or reasons for
decisions unrelated to quality of care or professional
competency.
"Pre-applicant" means a physician licensed to practice
medicine in all its branches who requests an application
for medical staff membership or privileges.
"Privilege" means permission to provide medical or
other patient care services and permission to use hospital
resources, including equipment, facilities and personnel
that are necessary to effectively provide medical or other
patient care services. This definition shall not be
construed to require a hospital to acquire additional
equipment, facilities, or personnel to accommodate the
granting of privileges.
(5) Any amendment to medical staff bylaws required
because of this amendatory Act of the 91st General Assembly
shall be adopted on or before July 1, 2001.
(c) All hospitals shall consult with the medical staff
prior to closing membership in the entire or any portion of the
medical staff or a department. If the hospital closes
membership in the medical staff, any portion of the medical
staff, or the department over the objections of the medical
staff, then the hospital shall provide a detailed written
explanation for the decision to the medical staff 10 days prior
to the effective date of any closure. No applications need to

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be provided when membership in the medical staff or any
relevant portion of the medical staff is closed.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 26.3. The AIDS Confidentiality Act is amended by
changing Section 7 as follows:
(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
and 6 of this Act, informed consent is not required for a
health care provider or health facility to perform a test when
the health care provider or health facility procures,
processes, distributes or uses a human body part donated for a
purpose specified under the Illinois Anatomical Gift Act or the
Revised Uniform Anatomical Gift Act, or semen provided prior to
the effective date of this Act for the purpose of artificial
insemination, and such a test is necessary to assure medical
acceptability of such gift or semen for the purposes intended.
(b) Informed consent is not required for a health care
provider or health facility to perform a test when a health
care provider or employee of a health facility, or a
firefighter or an EMT-A, EMT-I or EMT-P, is involved in an
accidental direct skin or mucous membrane contact with the
blood or bodily fluids of an individual which is of a nature
that may transmit HIV, as determined by a physician in his
medical judgment. Should such test prove to be positive, the

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patient and the health care provider, health facility employee,
firefighter, EMT-A, EMT-I, or EMT-P shall be provided
appropriate counseling consistent with this Act.
(c) Informed consent is not required for a health care
provider or health facility to perform a test when a law
enforcement officer is involved in the line of duty in a direct
skin or mucous membrane contact with the blood or bodily fluids
of an individual which is of a nature that may transmit HIV, as
determined by a physician in his medical judgment. Should such
test prove to be positive, the patient shall be provided
appropriate counseling consistent with this Act. For purposes
of this subsection (c), "law enforcement officer" means any
person employed by the State, a county or a municipality as a
policeman, peace officer, auxiliary policeman, correctional
officer or in some like position involving the enforcement of
the law and protection of the public interest at the risk of
that person's life.
(Source: P.A. 95-7, eff. 6-1-08.)
Section 26.4. The Illinois Vehicle Code is amended by
changing Sections 6-110 and 6-117 as follows:
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license

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shall bear a distinguishing number assigned to the licensee,
the legal name, zip code, date of birth, residence address, and
a brief description of the licensee, and a space where the
licensee may write his usual signature.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code.
In lieu of the social security number, the Secretary may in
his discretion substitute a federal tax number or other
distinctive number.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian or
other person in custody or control of the minor;

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(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe Rides
program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and

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(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(b) Until the Secretary of State establishes a First Person
Consent organ and tissue donor registry under Section 6-117 of
this Code, the Secretary of State shall provide a format on the
reverse of each driver's license issued which the licensee may
use to execute a document of gift conforming to the provisions
of the Revised Uniform Illinois Anatomical Gift Act. The format
shall allow the licensee to indicate the gift intended, whether
specific organs, any organ, or the entire body, and shall
accommodate the signatures of the donor and 2 witnesses. The
Secretary shall also inform each applicant or licensee of this
format, describe the procedure for its execution, and may offer
the necessary witnesses; provided that in so doing, the
Secretary shall advise the applicant or licensee that he or she

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is under no compulsion to execute a document of gift. A
brochure explaining this method of executing an anatomical gift
document shall be given to each applicant or licensee. The
brochure shall advise the applicant or licensee that he or she
is under no compulsion to execute a document of gift, and that
he or she may wish to consult with family, friends or clergy
before doing so. The Secretary of State may undertake
additional efforts, including education and awareness
activities, to promote organ and tissue donation.
(c) The Secretary of State shall designate on each driver's
license issued a space where the licensee may place a sticker
or decal of the uniform size as the Secretary may specify,
which sticker or decal may indicate in appropriate language
that the owner of the license carries an Emergency Medical
Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each driver's
license issued a space where the licensee may indicate his
blood type and RH factor.
(e) The Secretary of State shall provide that each original
or renewal driver's license issued to a licensee under 21 years
of age shall be of a distinct nature from those driver's

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licenses issued to individuals 21 years of age and older. The
color designated for driver's licenses for licensees under 21
years of age shall be at the discretion of the Secretary of
State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests shall
be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that he
or she has drafted a living will in accordance with the

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Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion, may
designate on each driver's license issued a space where the
licensee may place a sticker or decal, issued by the Secretary
of State, of uniform size as the Secretary may specify, that
shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his or her act.
(Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310,
eff. 1-1-08; 95-747, eff. 7-22-08.)
(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
Sec. 6-117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application for
a license or permit accepted under this Chapter, and shall
maintain suitable indexes thereof. The records of the Secretary
of State shall indicate the action taken with respect to such
applications.
(b) The Secretary of State shall maintain appropriate
records of all licenses and permits refused, cancelled,
disqualified, revoked, or suspended and of the revocation,

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suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records shall
note the reasons for such action.
(c) The Secretary of State shall maintain appropriate
records of convictions reported under this Chapter. Records of
conviction may be maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate
records of any accident reports received.
(e) The Secretary of State shall also maintain appropriate
records of any disposition of supervision or records relative
to a driver's referral to a driver remedial or rehabilitative
program, as required by the Secretary of State or the courts.
Such records shall only be available for use by the Secretary,
the driver licensing administrator of any other state, law
enforcement agencies, the courts, and the affected driver or,
upon proper verification, such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract
to maintain appropriate records of all photographs and
signatures obtained in the process of issuing any driver's
license, permit, or identification card. The record shall be
confidential and shall not be disclosed except to those
entities listed under Section 6-110.1 of this Code.
(g) The Secretary of State may establish a First Person
Consent organ and tissue donor registry in compliance with the
Revised Uniform subsection (b-1) of Section 5-20 of the
Illinois Anatomical Gift Act, as follows:

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(1) The Secretary shall offer, to each applicant
for issuance or renewal of a driver's license or
identification card who is 18 years of age or older, the
opportunity to have his or her name included in the First
Person Consent organ and tissue donor registry. The
Secretary must advise the applicant or licensee that he or
she is under no compulsion to have his or her name included
in the registry. An individual who agrees to having his or
her name included in the First Person Consent organ and
tissue donor registry has given full legal consent to the
donation of any of his or her organs or tissue upon his or
her death. A brochure explaining this method of executing
an anatomical gift must be given to each applicant for
issuance or renewal of a driver's license or identification
card. The brochure must advise the applicant or licensee
(i) that he or she is under no compulsion to have his or
her name included in this registry and (ii) that he or she
may wish to consult with family, friends, or clergy before
doing so.
(2) The Secretary of State may establish
additional methods by which an individual may have his or
her name included in the First Person Consent organ and
tissue donor registry.
(3) When an individual has agreed to have his or
her name included in the First Person Consent organ and
tissue donor registry, the Secretary of State shall note

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that agreement in the First Person consent organ and tissue
donor registry. Representatives of federally designated
organ procurement agencies and tissue banks may inquire of
the Secretary of State whether a potential organ donor's
name is included in the First Person Consent organ and
tissue donor registry, and the Secretary of State may
provide that information to the representative.
(4) An individual may withdraw his or her consent
to be listed in the First Person Consent organ and tissue
donor registry maintained by the Secretary of State by
notifying the Secretary of State in writing, or by any
other means approved by the Secretary, of the individual's
decision to have his or her name removed from the registry.
(5) The Secretary of State may undertake
additional efforts, including education and awareness
activities, to promote organ and tissue donation.
(6) In the absence of gross negligence or willful
misconduct, the Secretary of State and his or her employees
are immune from any civil or criminal liability in
connection with an individual's consent to be listed in the
organ and tissue donor registry.
(Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07.)
Section 26.5. The Criminal Code of 1961 is amended by
changing Sections 12-20 and 12-20.5 as follows:

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(720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
Sec. 12-20. Sale of body parts.
(a) Except as provided in subsection (b), any person who
knowingly buys or sells, or offers to buy or sell, a human body
or any part of a human body, is guilty of a Class A misdemeanor
for the first conviction and a Class 4 felony for subsequent
convictions.
(b) This Section does not prohibit:
(1) An anatomical gift made in accordance with the
Illinois Anatomical Gift Act or the Revised Uniform
Anatomical Gift Act.
(2) The removal and use of a human cornea in accordance
with the Illinois Anatomical Gift Act or the Revised
Uniform Anatomical Gift Act.
(3) Reimbursement of actual expenses incurred by a
living person in donating an organ, tissue or other body
part or fluid for transplantation, implantation, infusion,
injection, or other medical or scientific purpose,
including medical costs, loss of income, and travel
expenses.
(4) Payments provided under a plan of insurance or
other health care coverage.
(5) Reimbursement of reasonable costs associated with
the removal, storage or transportation of a human body or
part thereof donated for medical or scientific purposes.
(6) Purchase or sale of blood, plasma, blood products

HB1349 - 61 - LRB096 04093 WGH 18977 b
or derivatives, other body fluids, or human hair.
(7) Purchase or sale of drugs, reagents or other
substances made from human bodies or body parts, for use in
medical or scientific research, treatment or diagnosis.
(Source: P.A. 93-794, eff. 7-22-04.)
(720 ILCS 5/12-20.5)
Sec. 12-20.5. Dismembering a human body.
(a) A person commits the offense of dismembering a human
body when he or she knowingly dismembers, severs, separates,
dissects, or mutilates any body part of a deceased's body.
(b) This Section does not apply to:
(1) an anatomical gift made in accordance with the
Illinois Anatomical Gift Act or the Revised Uniform
Anatomical Gift Act;
(2) the removal and use of a human cornea in accordance
with the Illinois Anatomical Gift Act or the Revised
Uniform Anatomical Gift Act;
(3) the purchase or sale of drugs, reagents, or other
substances made from human body parts, for the use in
medical or scientific research, treatment, or diagnosis;
(4) persons employed by a county medical examiner's
office or coroner's office acting within the scope of their
employment while performing an autopsy;
(5) the acts of a licensed funeral director or embalmer
while performing acts authorized by the Funeral Directors

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and Embalmers Licensing Code;
(6) the acts of emergency medical personnel or
physicians performed in good faith and according to the
usual and customary standards of medical practice in an
attempt to resuscitate a life; or
(7) physicians licensed to practice medicine in all of
its branches or holding a visiting professor, physician, or
resident permit under the Medical Practice Act of 1987,
performing acts in accordance with usual and customary
standards of medical practice, or a currently enrolled
student in an accredited medical school in furtherance of
his or her education at the accredited medical school.
(c) It is not a defense to a violation of this Section that
the decedent died due to natural, accidental, or suicidal
causes.
(d) Sentence. Dismembering a human body is a Class X
felony.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 26.6. The Illinois Power of Attorney Act is amended
by changing Sections 4-7 and 4-10 as follows:
(755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
Sec. 4-7. Duties of health care providers and others in
relation to health care agencies. Each health care provider and
each other person with whom an agent deals under a health care

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agency shall be subject to the following duties and
responsibilities:
(a) It is the responsibility of the agent or patient to
notify the health care provider of the existence of the health
care agency and any amendment or revocation thereof. A health
care provider furnished with a copy of a health care agency
shall make it a part of the patient's medical records and shall
enter in the records any change in or termination of the health
care agency by the principal that becomes known to the
provider. Whenever a provider believes a patient may lack
capacity to give informed consent to health care which the
provider deems necessary, the provider shall consult with any
available health care agent known to the provider who then has
power to act for the patient under a health care agency.
(b) A health care decision made by an agent in accordance
with the terms of a health care agency shall be complied with
by every health care provider to whom the decision is
communicated, subject to the provider's right to administer
treatment for the patient's comfort care or alleviation of
pain; but if the provider is unwilling to comply with the
agent's decision, the provider shall promptly inform the agent
who shall then be responsible to make the necessary
arrangements for the transfer of the patient to another
provider. It is understood that a provider who is unwilling to
comply with the agent's decision will continue to afford
reasonably necessary consultation and care in connection with

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the transfer.
(c) At the patient's expense and subject to reasonable
rules of the health care provider to prevent disruption of the
patient's health care, each health care provider shall give an
agent authorized to receive such information under a health
care agency the same right the principal has to examine and
copy any part or all of the patient's medical records that the
agent deems relevant to the exercise of the agent's powers,
whether the records relate to mental health or any other
medical condition and whether they are in the possession of or
maintained by any physician, psychiatrist, psychologist,
therapist, hospital, nursing home or other health care
provider.
(d) If and to the extent a health care agency empowers the
agent to (1) make an anatomical gift on behalf of the principal
under the Illinois Anatomical Gift Act or the Revised Uniform
Anatomical Gift Act, as now or hereafter amended, or (2)
authorize an autopsy of the principal's body pursuant to
Section 2 of "An Act in relation to autopsy of dead bodies",
approved August 13, 1965, as now or hereafter amended, or (3)
direct the disposition of the principal's remains, the decision
by an authorized agent as to anatomical gift, autopsy approval
or remains disposition shall be deemed the act of the principal
and shall control over the decision of other persons who might
otherwise have priority; and each person to whom a direction by
the agent in accordance with the terms of the agency is

HB1349 - 65 - LRB096 04093 WGH 18977 b
communicated shall comply with such direction.
(Source: P.A. 93-794, eff. 7-22-04.)
(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
Sec. 4-10. Statutory short form power of attorney for
health care.
(a) The following form (sometimes also referred to in this
Act as the "statutory health care power") may be used to grant
an agent powers with respect to the principal's own health
care; but the statutory health care power is not intended to be
exclusive nor to cover delegation of a parent's power to
control the health care of a minor child, and no provision of
this Article shall be construed to invalidate or bar use by the
principal of any other or different form of power of attorney
for health care. Nonstatutory health care powers must be
executed by the principal, designate the agent and the agent's
powers, and comply with Section 4-5 of this Article, but they
need not be witnessed or conform in any other respect to the
statutory health care power. When a power of attorney in
substantially the following form is used, including the
"notice" paragraph at the beginning in capital letters, it
shall have the meaning and effect prescribed in this Act. The
statutory health care power may be included in or combined with
any other form of power of attorney governing property or other
matters.
"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH

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CARE
(NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE
THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO MAKE
HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE,
CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL
TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU
TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME OR OTHER
INSTITUTION. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR
AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN
ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF RECEIPTS,
DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT
CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS
NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS
FORM BUT NOT CO-AGENTS, AND NO HEALTH CARE PROVIDER MAY BE
NAMED. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN
THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A
COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY
EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN
AFTER YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT, YOUR
RIGHT TO REVOKE THOSE POWERS AND THE PENALTIES FOR VIOLATING
THE LAW ARE EXPLAINED MORE FULLY IN SECTIONS 4-5, 4-6, 4-9 AND
4-10(b) OF THE ILLINOIS "POWERS OF ATTORNEY FOR HEALTH CARE
LAW" OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM).
THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF
POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT

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THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER
TO EXPLAIN IT TO YOU.)
POWER OF ATTORNEY made this .......................day of
................................
(month) (year)
1. I, ..................................................,
(insert name and address of principal)
hereby appoint:
............................................................
(insert name and address of agent)
as my attorney-in-fact (my "agent") to act for me and in my
name (in any way I could act in person) to make any and all
decisions for me concerning my personal care, medical
treatment, hospitalization and health care and to require,
withhold or withdraw any type of medical treatment or
procedure, even though my death may ensue. My agent shall have
the same access to my medical records that I have, including
the right to disclose the contents to others. My agent shall
also have full power to authorize an autopsy and direct the
disposition of my remains. Effective upon my death, my agent
has the full power to make an anatomical gift of the following
(initial one):
....Any organs, tissues, or eyes suitable for
transplantation or used for research or education.
....Specific organs:.................................
(THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS

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POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY
DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF
HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER
LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION
WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH
TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL
RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE
AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING
PARAGRAPHS.)
2. The powers granted above shall not include the following
powers or shall be subject to the following rules or
limitations (here you may include any specific limitations you
deem appropriate, such as: your own definition of when
life-sustaining measures should be withheld; a direction to
continue food and fluids or life-sustaining treatment in all
events; or instructions to refuse any specific types of
treatment that are inconsistent with your religious beliefs or
unacceptable to you for any other reason, such as blood
transfusion, electro-convulsive therapy, amputation,
psychosurgery, voluntary admission to a mental institution,
etc.):
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................

HB1349 - 69 - LRB096 04093 WGH 18977 b
(THE SUBJECT OF LIFE-SUSTAINING TREATMENT IS OF PARTICULAR
IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT,
SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL
OF LIFE-SUSTAINING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE
WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT;
BUT DO NOT INITIAL MORE THAN ONE):
I do not want my life to be prolonged nor do I want
life-sustaining treatment to be provided or continued if my
agent believes the burdens of the treatment outweigh the
expected benefits. I want my agent to consider the relief of
suffering, the expense involved and the quality as well as the
possible extension of my life in making decisions concerning
life-sustaining treatment.
Initialed...........................
I want my life to be prolonged and I want life-sustaining
treatment to be provided or continued unless I am in a coma
which my attending physician believes to be irreversible, in
accordance with reasonable medical standards at the time of
reference. If and when I have suffered irreversible coma, I
want life-sustaining treatment to be withheld or discontinued.
Initialed...........................
I want my life to be prolonged to the greatest extent
possible without regard to my condition, the chances I have for
recovery or the cost of the procedures.
Initialed...........................
(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN THE

HB1349 - 70 - LRB096 04093 WGH 18977 b
MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF
ATTORNEY FOR HEALTH CARE LAW" (SEE THE BACK OF THIS FORM).
ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS
POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER
IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH, AND BEYOND IF
ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF REMAINS IS
AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR
DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF
THE FOLLOWING:)
3. ( ) This power of attorney shall become effective on
.............................................................
.............................................................
(insert a future date or event during your lifetime, such as
court determination of your disability, when you want this
power to first take effect)
4. ( ) This power of attorney shall terminate on .......
.............................................................
(insert a future date or event, such as court determination of
your disability, when you want this power to terminate prior to
your death)
(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND
ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
5. If any agent named by me shall die, become incompetent,
resign, refuse to accept the office of agent or be unavailable,
I name the following (each to act alone and successively, in
the order named) as successors to such agent:

HB1349 - 71 - LRB096 04093 WGH 18977 b
.............................................................
.............................................................
For purposes of this paragraph 5, a person shall be considered
to be incompetent if and while the person is a minor or an
adjudicated incompetent or disabled person or the person is
unable to give prompt and intelligent consideration to health
care matters, as certified by a licensed physician. (IF YOU
WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON, IN THE
EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY,
BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE FOLLOWING
PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS
THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND
WELFARE. STRIKE OUT PARAGRAPH 6 IF YOU DO NOT WANT YOUR AGENT
TO ACT AS GUARDIAN.)
6. If a guardian of my person is to be appointed, I
nominate the agent acting under this power of attorney as such
guardian, to serve without bond or security.
7. I am fully informed as to all the contents of this form
and understand the full import of this grant of powers to my
agent.
Signed..............................
(principal)
The principal has had an opportunity to read the above form
and has signed the form or acknowledged his or her signature or
mark on the form in my presence.
.......................... Residing at......................

HB1349 - 72 - LRB096 04093 WGH 18977 b
(witness)
(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU
INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST
COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE
AGENTS.)
Specimen signatures of I certify that the signatures of my
agent (and successors). agent (and successors) are correct.
....................... ...................................
(agent) (principal)
....................... ...................................
(successor agent) (principal)
....................... ...................................
(successor agent) (principal)"
(b) The statutory short form power of attorney for health
care (the "statutory health care power") authorizes the agent
to make any and all health care decisions on behalf of the
principal which the principal could make if present and under
no disability, subject to any limitations on the granted powers
that appear on the face of the form, to be exercised in such
manner as the agent deems consistent with the intent and
desires of the principal. The agent will be under no duty to
exercise granted powers or to assume control of or
responsibility for the principal's health care; but when
granted powers are exercised, the agent will be required to use
due care to act for the benefit of the principal in accordance

HB1349 - 73 - LRB096 04093 WGH 18977 b
with the terms of the statutory health care power and will be
liable for negligent exercise. The agent may act in person or
through others reasonably employed by the agent for that
purpose but may not delegate authority to make health care
decisions. The agent may sign and deliver all instruments,
negotiate and enter into all agreements and do all other acts
reasonably necessary to implement the exercise of the powers
granted to the agent. Without limiting the generality of the
foregoing, the statutory health care power shall include the
following powers, subject to any limitations appearing on the
face of the form:
(1) The agent is authorized to give consent to and
authorize or refuse, or to withhold or withdraw consent to,
any and all types of medical care, treatment or procedures
relating to the physical or mental health of the principal,
including any medication program, surgical procedures,
life-sustaining treatment or provision of food and fluids
for the principal.
(2) The agent is authorized to admit the principal to
or discharge the principal from any and all types of
hospitals, institutions, homes, residential or nursing
facilities, treatment centers and other health care
institutions providing personal care or treatment for any
type of physical or mental condition. The agent shall have
the same right to visit the principal in the hospital or
other institution as is granted to a spouse or adult child

HB1349 - 74 - LRB096 04093 WGH 18977 b
of the principal, any rule of the institution to the
contrary notwithstanding.
(3) The agent is authorized to contract for any and all
types of health care services and facilities in the name of
and on behalf of the principal and to bind the principal to
pay for all such services and facilities, and to have and
exercise those powers over the principal's property as are
authorized under the statutory property power, to the
extent the agent deems necessary to pay health care costs;
and the agent shall not be personally liable for any
services or care contracted for on behalf of the principal.
(4) At the principal's expense and subject to
reasonable rules of the health care provider to prevent
disruption of the principal's health care, the agent shall
have the same right the principal has to examine and copy
and consent to disclosure of all the principal's medical
records that the agent deems relevant to the exercise of
the agent's powers, whether the records relate to mental
health or any other medical condition and whether they are
in the possession of or maintained by any physician,
psychiatrist, psychologist, therapist, hospital, nursing
home or other health care provider.
(5) The agent is authorized: to direct that an autopsy
be made pursuant to Section 2 of "An Act in relation to
autopsy of dead bodies", approved August 13, 1965,
including all amendments; to make a disposition of any part

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or all of the principal's body pursuant to the Illinois
Anatomical Gift Act or the Revised Uniform Anatomical Gift
Act , as now or hereafter amended; and to direct the
disposition of the principal's remains.
(Source: P.A. 93-794, eff. 7-22-04.)
Section 27. (Blank).
HB1349 - 76 - LRB096 04093 WGH 18977 b
INDEX
Statutes amended in order of appearance
New Act
755 ILCS 50/Act rep.
20 ILCS 2310/2310-330 was 20 ILCS 2310/55.46
210 ILCS 85/6.16
210 ILCS 85/10.4 from Ch. 111 1/2, par. 151.4
410 ILCS 305/7 from Ch. 111 1/2, par. 7307
625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117
720 ILCS 5/12-20 from Ch. 38, par. 12-20
720 ILCS 5/12-20.5
755 ILCS 45/4-7 from Ch. 110 1/2, par. 804-7
755 ILCS 45/4-10