Bill Text: IL SB3604 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Consensual Non-Transplant Donation Regulation Act. Provides for licensing of non-transplant anatomical donation organizations by the Department of Public Health. Sets forth requirements for licensed non-transplant anatomical donation organizations, including application and renewal fees, penalties for failing to comply with the Act, and enforcement of the Act's provisions. Provides for deposit of licensing and renewal fees in the Public Health Licensing Fund, a special fund created in the State treasury. Provides that fines accruing from a conviction under the Act shall be paid into the common school fund of the county in which the offense was committed. Sets forth conditions under which a licensee must update a license or license application. Sets forth conditions under which the Department may deny, suspend or revoke, a license, or assess a civil penalty against a licensee. Provides for a universal donor consent form and sets forth requirements for the form. Sets forth requirements for donor records and record retention policies. Sets forth requirements for labeling and packaging the non-transplant anatomical donation. Provides for final disposition of a non-transplant anatomical donation. Sets forth general responsibilities and environmental standards for licensees. Provides for transportation standards while transporting non-transplant anatomical donations. Provides screening standards for end users by licensees. Makes conforming changes in the State Finance Act, Vital Records Act, Illinois Vehicle Code, and Illinois Anatomical Gift Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3604 Detail]

Download: Illinois-2023-SB3604-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3604 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
See Index
Creates the Consensual Non-Transplant Donation Regulation Act. Provides for licensing of non-transplant anatomical donation organizations by the Department of Public Health. Sets forth requirements for licensed non-transplant anatomical donation organizations, including application and renewal fees, penalties for failing to comply with the Act, and enforcement of the Act's provisions. Provides for deposit of licensing and renewal fees in the Public Health Licensing Fund, a special fund created in the State treasury. Provides that fines accruing from a conviction under the Act shall be paid into the common school fund of the county in which the offense was committed. Sets forth conditions under which a licensee must update a license or license application. Sets forth conditions under which the Department may deny, suspend or revoke, a license, or assess a civil penalty against a licensee. Provides for a universal donor consent form and sets forth requirements for the form. Sets forth requirements for donor records and record retention policies. Sets forth requirements for labeling and packaging the non-transplant anatomical donation. Provides for final disposition of a non-transplant anatomical donation. Sets forth general responsibilities and environmental standards for licensees. Provides for transportation standards while transporting non-transplant anatomical donations. Provides screening standards for end users by licensees. Makes conforming changes in the State Finance Act, Vital Records Act, Illinois Vehicle Code, and Illinois Anatomical Gift Act. Effective immediately.
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A BILL FOR
SB3604 LRB103 37007 CES 69616 b
AN ACT concerning regulation.
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
Consensual Non-Transplant Donation Regulation Act.
Section 5. Definitions. As used in this Act:
"Accrediting body" means a nationally recognized agency
approved by the Department that provides certification for a
business organization operating a non-transplant anatomical
donation organization.
"Arranger" means the individual who is talking with,
coordinating with, facilitating, or presenting the option of
non-transplant anatomical donation to a potential donor,
donor's family, or responsible authorizing agent on behalf of
a non-transplant anatomical donation organization. With
regards to the Secretary of State's role in non-transplant
anatomical donation under Section 6-117 of the Illinois
Vehicle Code, the Secretary of State shall not be considered
the arranger.
"Chain of custody documentation" means a record that
establishes the continuous location and control of a dead
body, body parts, or human remains, which includes: (i) the
deceased's unique identifier; (ii) a list of each death care

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provider that came in contact with the dead body; (iii) a list
of each service performed detailing the provider, location,
and date; and (iv) the signature of the individual who
executes final disposition.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Distribution" means a process that includes selection and
evaluation of intended use of non-transplant anatomical
material or a non-transplant anatomical donation, a human
body, or human body part for release to an education facility
or a research facility according to State law.
"Donor" means a person who has knowingly consented in
accordance with applicable law to the transfer of a person's
deceased body or body part, not for use in transplantation,
for education, research, or the advancement of medical,
dental, or mortuary science.
"Donor's family" means the next of kin to the donor with
the legal authority to consent to non-transplant anatomical
donation on behalf of the donor in accordance with Section 5-5
of the Illinois Anatomical Gift Act.
"End user" means the education or research institution
that receives the non-transplant anatomical donation from a
licensed non-transplant anatomical donation organization.
(1) A "primary end user" is the donor's, donor's
family's, or the responsible authorizing agent's first in
priority choice of an education or research institution to

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receive the non-transplant anatomical material under this
Act.
(2) A "secondary end user" is the donor's, donor's
family's, or the responsible authorizing agent's second in
priority choice of an education or research institution to
receive the non-transplant anatomical material under this
Act.
"Entity" means a non-transplant anatomical donation
organization that is accredited, licensed, or approved under
federal law or the laws of this State to engage in the
recovery, screening, testing, processing, distribution, or
storage of human bodies or body parts.
"Exceptional release" means non-transplant anatomical
material that is approved for usage before a donor
acceptability assessment or by a researcher requesting
non-transplant anatomical material that would not normally
meet the established acceptability criteria.
"Environmental services" means activities such as
housekeeping, laundry, facility maintenance, or equipment
maintenance.
"Final disposition" means the final disposal of
non-transplant anatomical material or a non-transplant
anatomical donation through incineration, cremation,
bio-cremation, burial, full depletion by virtue of a
particular use, or by another legal means.
"Education" means the use of a human body or body parts for

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teaching or training individuals, including, but not limited
to, medical, dental, or mortuary science students or
professionals, with regard to the anatomy and characteristics
of the human body, disease detection, and such other uses as
may be specified by the Department by rule.
"Human body" means a deceased human body or non-transplant
anatomical donation.
"Human body part" or "body part" means an organ, tissue,
eye, bone, blood vessel, or any other portion of a human body
that is subject to an anatomical gift or other transfer made
under State law. "Human body part" does not include blood
drawn for medical purposes or a growing cell line.
"Institution" means a facility established by law for the
purpose of education, research, or the advancement of medical,
dental, or mortuary science.
"Licensee" means a person to whom the Department has
issued a license to operate a non-transplant anatomical
donation organization.
"Misuse" means to use non-transplant anatomical material
and non-transplant anatomical donations for purposes other
than education or research.
"Non-transplant anatomical donation" means a donation of a
whole body, organ, or tissue authorized and used for education
and research prior to release to distribution inventory.
"Non-transplant anatomical material" means a whole body or
part of a body donated for use in education or research that

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has been prepared, packaged, labeled, and released to
distribution inventory.
"Non-transplant anatomical donation organization" means an
entity that is accredited, licensed, or approved under federal
law or State law to engage in the recovery, screening,
testing, processing, distribution, or storage of human bodies
or body parts for purposes of education, research or the
advancement of medical, dental, or mortuary science.
"Research" does not include an autopsy or examination
conducted as part of a criminal investigation.
"Responsible authorizing party" means an individual with
the legal authority to consent to non-transplant anatomical
donation on behalf of a donor in accordance with Section 5-5 of
the Illinois Anatomical Gift Act.
"Secondary specific use consent" means the opportunity for
a donor's family or responsible authorizing agent to modify
the specific use the donor, the donor's family, or responsible
authorizing agent consented to in the universal donor consent
form.
"Specific use" means the specified purpose, whether
education or research related, consented to by the donor, the
donor's family, or a responsible authorizing agent to a
specified end user consented to by the donor, the donor's
family, or a responsible authorizing agent within the
universal donor consent form.
"Storage" means a designated area that contains equipment,

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instruments, and supplies necessary to maintain non-transplant
anatomical donations or non-transplant anatomical material
until distribution or final disposition.
"Transfer" means to move from a non-transplant anatomical
donation organization to an institution.
"Unique identifier" means providing the deceased with
individual identification, through tagging, numbering, QR
code, or other individualized means, that is affixed to the
dead body, the body bag, and any body part, organ, or tissue
separated from the deceased to be used in non-transplant
anatomical donation in order to prevent misidentification of
human remains.
"Universal donor consent form" means the legal record of a
gift of non-transplant anatomical material permitting and
defining acquisition and specific use of non-transplant
anatomical material for education and research.
Section 10. License required. Except as provided by this
Act, no person shall open, manage, conduct, offer, maintain,
or advertise as a non-transplant anatomical donation
organization without a valid license issued by the Department.
A non-transplant anatomical donation organization established
by law to conduct business in the State of Illinois that
acquires or transfers a human body or human body part for
education, research, or the advancement of medical, dental, or
mortuary science, and not for use in human transplantation,

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shall register and be licensed by the Department at such time
and in such manner as the Department may require. All
non-transplant anatomical donation organizations in existence
on the effective date of this Act shall obtain a valid license
to operate within 2 years after the adoption of rules by the
Department to implement this Act.
Section 15. Contents of license application. An applicant
for a license or license renewal under this Section shall
submit an application to the Department containing such
information as the Department may require by rule on the
activities to be carried out pursuant to licensure. Unless
otherwise set forth by administrative rule, the application
shall include:
(1) the name of the applicant, including all trade
names under which the applicant conducts business;
(2) the date on which the applicant first began or
will begin commencing activities described in this Act;
(3) a list of all addresses at which the applicant
conducts business;
(4) a description of the premises and equipment used
by the applicant;
(5) a description of the types of service provided by
the applicant;
(6) identification of all officers and administrators
of the applicant;

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(7) an attestation that the applicant will keep
records, including, but not limited to, the chain of
custody documentation, in accordance with the requirements
of this Act;
(8) an attestation that the applicant will use the
universal donor consent form in accordance with the
requirements of this Act;
(9) an attestation that the applicant will label and
package all human bodies or human body parts with a unique
identifier in accordance with the requirements of this
Act; and
(10) an acknowledgment that the Department will be
permitted to inspect the premises and records of the
applicant as to the items and in the manner prescribed in
this Act.
Section 20. Accreditation; licensure; renewal; fees;
penalties; enforcement.
(a) An entity may not act as a non-transplant anatomical
donation organization in this State unless the entity is
accredited and licensed by the Department as a non-transplant
anatomical donation organization. The entity shall apply in
writing to the Department on a form specified by the Director,
which shall include all information requested in the
application, and shall pay the fees prescribed by the
Department by rule.

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(b) The Director shall grant a license to an entity if:
(1) the organization is accredited by a nationally
recognized accrediting agency that is approved by the
Department and maintains full accreditation with the
accrediting agency; and
(2) the entity meets other requirements prescribed by
the Department by rule.
(c) Each non-transplant anatomical donation organization
applying for a license or license renewal shall pay all
applicable fees as prescribed by the Department by rule. All
fees collected for the license and license renewal of
non-transplant anatomical donation organizations shall be
deposited in the Public Health Licensing Fund, a special fund
created in the State treasury, to be used by the Department for
the administration and enforcement of this Act.
(d) The Director may sanction, impose civil penalties on,
suspend the license of, or revoke the license of a
non-transplant anatomical donation organization and may
sanction or impose civil penalties on any person who is an
owner, officer, agent, or employee of a non-transplant
anatomical donation organization if the person is in or
continues to be in violation of this Act or rules adopted by
the Department under this Act.
(e) Any person or entity operating as a non-transplant
anatomical donation organization without proper accreditation
or licensure in this State shall be subject to criminal

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prosecution and civil penalties as provided under Section 85
and any applicable rules.
Section 25. Other fees.
(a) The Department shall establish a fee for licensure
under Section 10 and renewal under Section 30.
(b) The Department shall determine the amount of licensing
fees under this Act, taking into consideration, among other
things, the projected implementation, enforcement, and
inspection costs associated with this Act.
(c) Every fine accruing from a conviction under this Act
shall be paid into the common school fund of the county in
which the offense was committed.
Section 30. License renewal. The Department shall require
that the license of an applicant be renewed by the applicant
every 2 years.
Section 35. Change of information.
(a) Not later than 30 days after any change of any
information listed under Section 15, an applicant or licensee
shall notify the Department of the change in writing as
prescribed by the Department.
(b) A licensee shall notify the Department in writing at
least 30 calendar days before the date of:
(1) termination of operation, including, but not

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limited to, the proposed termination date and the address
and contact information for the location where the
non-transplant anatomical donation organization records
will be retained, if applicable;
(2) a proposed modification that alters the area for
tissue recovery, if applicable;
(3) a change in the non-transplant anatomical donation
organization's legal name;
(4) a change in the legal name of a licensee,
including the licensee's new name; and
(5) a change in the address of the non-transplant
anatomical donation organization, including the new
address.
(c) A licensee shall notify the Department in writing no
later than 30 calendar days after the date of:
(1) a change in the non-transplant anatomical donation
organization's email address or mailing address, including
the new email address or mailing address of the
non-transplant anatomical donation organization;
(2) a change in the email address or telephone number
of the licensee, including the new email address or
telephone number;
(3) a change in an administrator or medical director,
including his or her name and email address; and
(4) a change in the name or contact information of an
officer affiliated with the licensee, including the name

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and contact information of the new officer.
(d) If the Department receives notification of termination
of operation, the Department shall void the licensee's license
to operate a non-transplant anatomical donation organization
on the termination date specified by the licensee.
(e) If the Department receives notification of a proposed
modification that alters the area for tissue recovery, the
Department:
(1) may conduct an inspection of the premises; and
(2) shall issue to the licensee an amended license
that incorporates the modification and retains the
expiration date of the existing license, if the
non-transplant anatomical donation organization is in
compliance.
(f) If the Department receives a notification of a legal
name change for a non-transplant anatomical donation
organization, the Department shall issue to the licensee an
amended license showing the licensee's changed legal name.
(g) If the Department receives notice of a change in the
legal name of a licensee, the Department shall void the
licensee's license to operate and issue a new license to
operate with the licensee's changed legal name.
(h) If the Department receives notice for a change in the
address of a non-transplant anatomical donation organization,
the Department shall require and review an amended application
for a license.

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(i) An individual or business organization planning to
assume operation of an existing non-transplant anatomical
donation organization shall obtain a new license before
beginning operation.
Section 40. Denial; suspension; revocation; enforcement.
(a) The Department may:
(1) deny a license;
(2) suspend or revoke a license; or
(3) assess a civil penalty against a licensee.
(b) The Department may deny an application or suspend or
revoke a license to operate a non-transplant anatomical
donation organization if:
(1) an applicant or licensee does not meet the
application requirements;
(2) a licensee does not comply with any statutory
requirements or requirements of the Department;
(3) a licensee does not correct a deficiency
identified during an inspection according to the plan of
correction;
(4) an applicant or licensee provides false or
misleading information as part of an application or
inspection; or
(5) the nature or number of violations revealed by any
type of inspection or investigation of a non-transplant
anatomical donation organization pose a direct risk to the

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life, health, or safety of individuals on the premises or
the public at large.
(c) In determining which action is appropriate, the
Department may consider:
(1) repeated violations of statutes or rules;
(2) a pattern of violations;
(3) the severity of violations; and
(4) the number of violations.
(d) The Department may suspend or revoke a non-transplant
anatomical donation organization's license if the Department
receives notice from the organization's accrediting body that
the organization's accreditation has been suspended or
revoked. An applicant or licensee may seek administrative
review of the Department's determination.
Section 45. Inspections. The Department shall inspect a
licensee's premises at least annually and any time after it
receives a complaint or notice of a violation.
Section 50. Universal donor consent form; non-transplant
anatomical donation. The Department shall create a universal
donor consent form that allows a donor, the donor's family, or
responsible authorizing agent to consent to non-transplant
anatomical donation.
(1) The universal donor consent form shall include:
(A) the name of the donor and name of the donor's

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family member or responsible authorizing agent, if
applicable;
(B) the contact information for donor, donor's
family, or responsible authorizing agent;
(C) the definitions of "education" and "research"
as provided in Section 5 of this Act;
(D) the specific use consented to by the donor,
donor's family, or responsible authorizing agent of
the non-transplant anatomical material;
(E) uses of non-transplant anatomical material
that the donor, donor's family, or responsible
authorizing agent does not consent to;
(F) the end user or list of end users the donor,
donor's family, or authorizing agent consents to;
(G) a description of how, if the specific use
consented to by the donor, donor's family, or
responsible authorizing agent cannot be executed, the
donor's family or responsible authorizing agent shall
be contacted to execute secondary specific use consent
in accordance with the procedure provided in Section
60 of this Act;
(H) the contact information for the individual
with the authority to execute secondary specific use
consent;
(I) an explanation of how remains would be
returned, if applicable;

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(J) the name, phone number, and license number for
the arranger;
(K) a statement that provides the donor, donor's
family, or responsible authorizing agent with
information regarding who to direct questions to;
(L) a statement that the non-transplant anatomical
material will be treated with dignity at all times;
and
(M) a statement that the non-transplant anatomical
material may require international export to an end
user; and
(2) The universal donor consent form shall direct a
potential donor, the donor's family, or responsible
authorizing agent to websites that:
(A) answer frequently asked questions;
(B) allow a potential donor, the donor's family,
or responsible authorizing agent to verify whether a
specific non-transplant anatomical donation
organization holds a valid license with the
Department; and
(C) provide a resource to contact if the donor,
the donor's family, or responsible authorizing agent
alleges a violation of this Act.
Section 55. Specific use.
(a) The Department shall establish rules, regarding the

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donor's, donor's family's, or responsible authorizing agent's
consented specific use of the non-transplant anatomical
material, in accordance with the procedures provided for in
this Section.
(b) When the donor, donor's family, or responsible
authorizing agent consent to the gift of a non-transplant
anatomical donation, the donor, donor's family, or responsible
authorizing agent shall be provided the opportunity to consent
to the specific use of the non-transplant anatomical material.
(c) On the universal donor consent form, the donor,
donor's family, or responsible authorizing agent shall be
permitted to consent to the non-transplant anatomical donation
for the following purposes:
(1) education purposes, including, but not limited to,
the training of new doctors;
(2) research purposes, including, but not limited to,
military advancements, vehicle safety, specific medical
research such as curing a specified ailment held by the
donor; or
(3) a specific education or research purpose.
(d) On the universal donor consent form, the donor,
donor's family, or responsible authorizing agent shall be
permitted to specify that the donor, donor's family, or
responsible authorizing agent does not consent to the
non-transplant anatomical donation for the following purposes:
(1) education purposes, including, but not limited to,

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the training of new doctors; or
(2) research purposes, including, but not limited to,
military advancements, vehicle safety, or specific medical
research such as curing a specified ailment held by the
donor; or
(3) a specific education or research purpose.
(e) On the universal donor consent form, the donor,
donor's family, or responsible authorizing agent shall be
permitted to specify a primary end user who the donor, donor's
family, or responsible authorizing agent consents may receive
the donor's non-transplant anatomical material. The donor,
donor's family, or responsible authorizing agent shall be
permitted to specify a secondary end user who the donor,
donor's family, or responsible authorizing agent consents may
receive the donor's non-transplant anatomical material if the
primary end user is unable to accept the non-transplant
anatomical donation for any reason, including that the primary
end user cannot satisfy the donor, donor's family, or
responsible authorizing agent's consented purpose in
subsections (c) and (d) of this Section.
(f) If the specific use, including the consented purpose
and end user, that the donor, donor's family, or responsible
authorizing agent has consented to cannot be satisfied for any
reason, the Department shall establish rules that require a
licensee under this Act to contact the donor, donor's family,
or responsible authorizing agent to execute secondary specific

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use consent in accordance with Section 60 of this Act. At this
time, the licensee is required to notify the donor's family or
responsible authorizing agent that if the consented secondary
specific use cannot be satisfied, the donor's family or
responsible authorizing agent is responsible for final
disposition as the donation will not be accepted.
(g) If the licensee can honor the secondary specific use
consented to by the donor's family or responsible authorizing
agent, the licensee may transfer the non-transplant anatomical
material to the end user.
(h) If the licensee cannot satisfy the secondary specific
use consented to by the donor's family or responsible
authorizing agent, the licensee may not transfer the
non-transplant anatomical material to an end user. The
licensee shall preserve the decedent's body and no donation
shall be made.
Section 60. Secondary specific use consent.
(a) The Department shall establish rules regarding the
donor's, donor's family's, or responsible authorizing agent's
secondary specific use consent of the non-transplant
anatomical material, in accordance with the procedures
provided for in this Section.
(b) If the specific use, including the consented purpose
and end user, that the donor, donor's family, or responsible
authorizing agent has consented to cannot be satisfied for any

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reason, the donor's family or responsible authorizing agent
shall be given an opportunity from the licensee to provide
secondary specific use consent.
(c) A licensee shall notify the donor's family or
responsible authorizing agent that the specific use consented
to in the universal donor consent form cannot be satisfied.
The licensee may provide the donor's family or responsible
authorizing agent with options for secondary specific use
consent based on the current demand for non-transplant
anatomical material for specific uses and specific end users.
The licensee may provide the donor's family or responsible
authorizing agent with the ability to provide secondary
specific use consent for any education or research purpose to
any end user. The licensee shall notify the donor's family or
responsible authorizing agent that if the secondary specific
use consented to by the donor's family or responsible
authorizing agent cannot be satisfied, the licensee shall
preserve the body and no donation shall be made.
(d) If the licensee can honor the secondary specific use
consented to by the donor's family or responsible authorizing
agent, the licensee may transfer the non-transplant anatomical
material to the end user.
(e) If the licensee cannot satisfy the secondary specific
use consented to by donor's family or responsible authorizing
agent, the licensee may not transfer the non-transplant
anatomical material to an end user. The licensee shall

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preserve the decedent's body and no donation shall be made.
Section 65. Donor records.
(a) A non-transplant anatomical donation organization
shall maintain a legible, reproducible record for each donor
from whom it releases non-transplant anatomical material for
at least 10 years after the date of final disposition.
(b) To ensure traceability of a non-transplant anatomical
donation and non-transplant anatomical material, a
non-transplant anatomical donation organization shall:
(1) document each procedure performed on a
non-transplant anatomical donation and non-transplant
anatomical material related to processing and storing
non-transplant anatomical donations and non-transplant
anatomical material;
(2) for each document created under paragraph (1),
include:
(A) the donor's unique identifier;
(B) the date, time, and location for each
procedure completed; and
(C) the name of the technician who performed the
procedure; and
(3) submit or have a contracted funeral home submit
information required to register the death of a
non-transplant anatomical donation within 7 calendar days
after receiving the non-transplant anatomical donation, if

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applicable.
(c) A donor record shall be:
(1) confidential;
(2) kept in a location with controlled access;
(3) stored in a manner to prevent unauthorized access;
and
(4) maintained in a manner to preserve the donor
record's completeness and accuracy.
(d) A donor record shall include at least the following:
(1) donor information that includes:
(A) the donor's name;
(B) the donor's unique identifier;
(C) the donor's date of birth and date of death;
and
(D) the name and contact information of the person
responsible for a donor's anatomical gift, if
applicable;
(2) an executed universal consent form that contains
the consented to specific use of the non-transplant
anatomical material;
(3) a secondary specific use consent, if applicable;
(4) a document of authorization, which is a legal
record of the gift, to take place postmortem, permitting
and defining the scope of the postmortem acquisition and
use of non-transplant anatomical material for education
and research, signed or otherwise recorded by the

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authorizing person;
(5) a document of anatomical gift, which is the
donor's legal record of the gift of non-transplant
anatomical material permitting and defining the scope of
the postmortem acquisition and use of non-transplant
anatomical material for education and research;
(6) an authorization of gift, which must be signed or
otherwise recorded by an individual authorized by law to
make a gift during the donor's lifetime;
(7) the donor's death record;
(8) the human remains release form, if applicable;
(9) information for a death record, if applicable for
transporting human remains into the State;
(10) a disposition transit permit, if applicable;
(11) a medical examiner's release of information, if
applicable;
(12) chain of custody documentation;
(13) medical records, including:
(A) a donor's physical assessment;
(B) a risk assessment questionnaire;
(C) pathology and laboratory testing and reports;
(D) physician summaries, if applicable;
(E) transfusion or infusion information, if
applicable; and
(F) plasma dilution calculations if applicable;
(14) information from the donor referral source;

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(15) donor eligibility;
(16) a donor acceptability assessment;
(17) a physical assessment questionnaire;
(18) documentation related to distribution;
(19) serological results, if applicable;
(20) a cremation authorization document;
(21) documentation related to non-transplant
anatomical material recovery, storage, and distribution
activities;
(22) final disposition documentation, including all
records demonstrating chain of custody; and
(23) documentation of the suspected misuse or harm to
the donor, if any.
(e) A donor's record shall be accessible to:
(1) an agent legally authorized to have access, or an
individual designated at the time a donor gives consent;
(2) an individual appointed by a court or authorized
by State law;
(3) an individual of a non-transplant anatomical
donation organization as identified by policies and
procedures;
(4) an individual from an approved accrediting body,
if applicable; and
(5) an individual from the Department or other
regulatory agency authorized by State or federal laws or
rules adopted by the Department.

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(f) Except for a donor record that must be maintained for a
period of 10 years after final disposition, a non-transplant
anatomical donation organization shall maintain documentation
required under this Act for at least 3 years after the date of
the documentation and shall provide copies of the
documentation to the Department for review upon request.
Section 70. Recordkeeping.
(a) A licensee shall compile or maintain a record for each
case in which the licensee acquires a human body, human body
part, or non-transplant anatomical donation.
(b) A record shall contain the following information and
any additional information required by the Department:
(1) documentation that the donor has knowingly
consented to the transfer of the human body or human body
part, not for use in transplantation, for education,
research, or the advancement of medical, dental, or
mortuary science in accordance with all applicable laws
pertaining to the final disposition of human remains;
(2) documentation that the donor has been informed of
the obligation of the licensee as to the proper disposal
of the human body or human body part;
(3) the date and time of the donation or transfer from
the donor;
(4) the name of the person, including any trade or
business name, who transferred the human body or human

SB3604 - 26 - LRB103 37007 CES 69616 b
body part to the licensee, if applicable;
(5) the full name and most recent address of the
donor;
(6) a description of the human body or human body part
being acquired or transferred;
(7) the medical history of the donor, including the
autopsy report if any autopsy was conducted;
(8) the identity and address of each person who has
been in possession of the human body or human body part
prior to the registrant, including any funeral home,
coroner, hospital, organ procurement organization, or
tissue bank;
(9) documentation of the use and final disposition of
each human body or human body part by the licensee;
(10) documentation of the name and address of each
person to whom the licensee transfers the human body or
human body part; and
(11) the implementation and maintenance of protocols
and materials for procedures to properly screen end users.
(c) A licensee shall maintain the following records for 10
years after the last date of tissue distribution:
(1) a copy of recorded consent of the donation
authorization;
(2) a copy of the donor's death certificate and
transit permit issued by the state where the death
occurred;

SB3604 - 27 - LRB103 37007 CES 69616 b
(3) a copy of the donor's physical assessment and risk
assessment questionnaire;
(4) a copy of the donor's serological results, if
applicable; and
(5) a copy of all documentation relating to tissue
recovery, storage, and distribution activities.
Section 75. Labeling and packaging.
(a) A licensee shall ensure that all human bodies and
human body parts in the possession of, or transferred by, the
licensee are labeled and packaged in accordance with this
Section.
(b) Unless the Department specifies otherwise by rule, all
anatomical material in a licensee's possession shall be
affixed with a unique identifier. Each body part, organ, or
tissue of the deceased that is separated from the body shall
have its own additional identification that corresponds to the
unique identifier of the deceased.
(c) A licensee shall ensure the unique identifier affixed
to the anatomical materials or the packaging of the anatomical
materials corresponds to the donor's file, which includes the
following information:
(1) the proper name of the donor;
(2) a description of the contents of the package
indicating whether it is a human body or human body parts,
including a list of all human body parts;

SB3604 - 28 - LRB103 37007 CES 69616 b
(3) the name, address, and license and registration
number of the person transferring the human body or human
body part;
(4) the tissue types of the human body or human body
part;
(5) the cause of death of the donor, if applicable and
known;
(6) serological test results, if any results exist;
(7) any known infectious disease agents of the human
body or human body part;
(8) a statement about the use of personal protective
equipment and universal precautions when handling a human
body or human body part as required by law; and
(9) the statement "not for transplantation".
(d) Unless the Department specifies otherwise by rule,
each human body or human body part under this Section shall be
wrapped and packaged in a manner that:
(1) mitigates potential contamination and cross
contamination;
(2) mitigates potential safety hazards;
(3) is sealed to prevent leakage; and
(4) ensures the integrity of the human body or human
body part.
(e) The Department shall enforce the unique identifier
requirement on all licensees under its jurisdiction that are
required to fulfill this requirement.

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Section 80. Final disposition. A licensee shall ensure the
proper final disposition of a human body, human body part, or
non-transplant anatomical material, in accordance with
applicable federal and State law, by:
(1) returning the human body, human body part,
non-transplant anatomical material, or cremains to the
donor's family or responsible authorizing agent of the
donor within a time frame designated by the non-transplant
anatomical donation organization at the time donation is
established;
(2) carrying out the final disposition of the human
body or human body part as set forth in Section 4 of the
Cadaver Act; or
(3) if the licensee is releasing the human body or
human body part to another institution, contracting with
the institution to assume the obligations described in
this Act.
Section 85. Violations.
(a) Any person, entity, officer, or administrator who
violates a requirement of this Act shall be guilty of a Class 4
felony.
(b) The Department may suspend or revoke the license of
any licensee found to be in violation of this Act.
(c) It is a violation of this Act for any person or entity

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to alter or falsify any information on a label required under
Section 75.
Section 90. General responsibilities.
(a) A licensee shall provide a copy of a renewed
accreditation to the Department within 30 calendar days after
the date of issuance.
(b) A licensee shall ensure that a non-transplant
anatomical donation organization facility is in a building
that provides a separate and designated area for tissue
recovery.
(c) A licensee shall ensure policies and procedures are
established, documented, and implemented that cover:
(1) labeling;
(2) packaging, including a packaging insert form that
discloses the disease status of tissue to end users;
(3) transport;
(4) distribution; and
(5) final disposition.
Section 95. General plant standards; environmental
services. A licensee shall ensure that a non-transplant
anatomical donation organization:
(1) has preparation rooms that:
(A) are maintained in a clean and sanitary
condition at all times;

SB3604 - 31 - LRB103 37007 CES 69616 b
(B) are only used for examining and preparing a
non-transplant anatomical donation;
(C) contain equipment, instruments, and supplies
necessary for examining and preparing a non-transplant
anatomical donation and are disinfected or sterilized,
as applicable, after each use to protect the health
and safety of technicians and personnel members;
(D) have sanitary flooring, drainage, and
ventilation;
(E) have proper and convenient receptacles for
refuse, bandages, and all other waste materials; and
(F) are thoroughly cleansed and disinfected with a
1% solution of chlorinated soda, or other suitable and
effective disinfectant, immediately after examining
and preparing each non-transplant anatomical material;
and
(2) has equipment at the non-transplant anatomical
donation organization that is:
(A) sufficient to support the service;
(B) maintained in working condition;
(C) maintained in a clean and sanitary condition;
(D) used according to the manufacturer's
recommendations;
(E) if used during an examination or preparation
of a non-transplant anatomical donation, cleaned and
sanitized after every use; and

SB3604 - 32 - LRB103 37007 CES 69616 b
(F) if applicable, tested and calibrated according
to the manufacturer's recommendations or, if there are
no manufacturer's recommendations, according to
policies and procedures approved by the Department.
Section 100. Transportation standards.
(a) If a non-transplant anatomical donation organization
owns and maintains a vehicle for transporting non-transplant
anatomical material, an administrator shall ensure that the
vehicle is:
(1) not used for a purpose other than transporting
non-transplant anatomical donations and non-transplant
anatomical material or conducting non-transplant
anatomical donation organization business;
(2) only operated by a procurement organization
technician or designated individual authorized to
transport non-transplant anatomical donations or
non-transplant anatomical material;
(3) maintained in clean and sanitary condition; and
(4) locked and secured at all times during transport
of non-transplant anatomical donations or non-transplant
anatomical material.
(b) If using a vehicle other than the vehicle described
under subsection (a) for transporting a non-transplant
anatomical donation or non-transplant anatomical material, an
administrator shall ensure that the vehicle:

SB3604 - 33 - LRB103 37007 CES 69616 b
(1) is properly equipped for the transportation of
non-transplant anatomical material;
(2) is compliant with all State and federal laws and
rules pertaining to transporting humans remains; and
(3) if transport is by air, complies with applicable
standards established by the International Air Transport
Association and Transportation Security Administration.
(c) An administrator shall ensure that non-transplant
anatomical donations and non-transplant anatomical material
transported into the State have information of death
documentation prior to transport.
Section 105. End user.
(a) A licensee shall establish, document, and implement
policies and procedures to properly screen an end user that
include:
(1) a written request for non-transplant anatomical
material, including:
(A) the name, address, and affiliation of
educators or research institutions accepting
responsibility for the acceptance, use, and final
disposition of the non-transplant anatomical material;
(B) a description of the intended use;
(C) the date and the approximate duration of
non-transplant anatomical material use;
(D) a description of the venue in which the

SB3604 - 34 - LRB103 37007 CES 69616 b
non-transplant anatomical material will be used and
the security measures for the safe and ethical
utilization of the venue;
(E) an assurance that precautions will be used
when handling non-transplant anatomical material;
(F) the proposed final disposition of the
non-transplant anatomical material;
(G) an agreement to comply with the licensee's
policies, if applicable;
(H) an outline of proposed materials to be
disseminated in connection with the use of
non-transplant anatomical material, if applicable; and
(I) other supporting documentation that is
relevant to the request; and
(2) the criteria for approving requested
non-transplant anatomical material for use, including:
(A) the acceptability of the educator and
researcher for non-transplant anatomical material
utilization;
(B) the appropriateness of the intended use;
(C) the type of venue in which the non-transplant
anatomical material will be used; a licensee shall
determine that a hotel or other building held out to
the public to be a place where lodging is offered for
consideration to travelers and guests is not a
suitable venue for the use of non-transplant

SB3604 - 35 - LRB103 37007 CES 69616 b
anatomical material.
(D) the proposed final disposition of the
non-transplant anatomical material, unless returned to
the non-transplant anatomical donation organization;
and
(E) proposed research materials.
(b) A licensee shall establish, document, and implement a
procedure that allows end users to request an exceptional
release of non-transplant anatomical material.
Section 900. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Public Health Licensing Fund.
Section 905. The Vital Records Act is amended by changing
Sections 1 and 21.7 as follows:
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(1) "Vital records" means records of births, deaths, fetal
deaths, marriages, dissolution of marriages, and data related
thereto.
(2) "System of vital records" includes the registration,

SB3604 - 36 - LRB103 37007 CES 69616 b
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
(3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
(4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.
(5) "Live birth" means the complete expulsion or
extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which after such
separation breathes or shows any other evidence of life such
as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, whether or not the
umbilical cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete
expulsion or extraction from the uterus of a product of human
conception, irrespective of the duration of pregnancy, and
which is not due to an abortion as defined in Section 1-10 of
the Reproductive Health Act. The death is indicated by the
fact that after such separation the fetus does not breathe or
show any other evidence of life such as beating of the heart,
pulsation of the umbilical cord, or definite movement of

SB3604 - 37 - LRB103 37007 CES 69616 b
voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
(8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
(9) "Physician" means a person licensed to practice
medicine in Illinois or any other state.
(10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to
which persons are committed by law.
(11) "Department" means the Department of Public Health of
the State of Illinois.
(12) "Director" means the Director of the Illinois
Department of Public Health.
(13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice
registered nurse, or physician assistant in Illinois or any
other state.
(14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health
services by the Department of Financial and Professional
Regulation or a board of registration duly authorized to

SB3604 - 38 - LRB103 37007 CES 69616 b
register or grant licenses to persons engaged in the practice
of providing mental health services in Illinois or any other
state.
(15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(16) "Homeless person" means an individual who meets the
definition of "homeless" under Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
individual residing in any of the living situations described
in 42 U.S.C. 11434a(2).
(17) "Advanced practice registered nurse" means: (i) an
advanced practice registered nurse with full practice
authority; or (ii) an advanced practice registered nurse with
a collaborative agreement with a physician who has delegated
the completion of death certificates.
(18) "Certifying health care professional" means a
physician, physician assistant, or advanced practice
registered nurse.
(19) "Physician assistant" means a physician assistant who
practices in accordance with a written collaborative agreement
that includes the completion of death certificates.
(20) "Unique identifier" means providing the deceased with
individual identification, through tagging, numbering, QR
code, or other individualized means, that is affixed to the

SB3604 - 39 - LRB103 37007 CES 69616 b
dead body, the body bag, and any body part, organ, or tissue
separated from the deceased to be used in non-transplant
anatomical donation in order to prevent misidentification of
human remains as described in the Consensual Non-Transplant
Donation Regulation Act.
(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
102-844, eff. 1-1-23.)
(410 ILCS 535/21.7)
Sec. 21.7. Temporary removal of a dead body. No permit for
transportation signed by the local registrar is required prior
to transporting a dead human body out of the State of Illinois,
at the direction of a federally designated organ procurement
organization, for the purpose of organ or tissue donation. The
dead human body being transported for the purpose of organ or
tissue donation shall be accompanied by a self-issued permit
in accordance with rules adopted by the Department of Public
Health. The dead human body being transported shall have the
deceased's unique identifier affixed to the deceased, the body
bag, and any body part, organ, or tissue separated from the
deceased to be used in non-transplant anatomical donation.
This self-issued permit shall be completed by an
Illinois-licensed funeral director and embalmer or
Illinois-licensed funeral director and shall serve as
notification to the county medical examiner or coroner of the
jurisdiction or county in which the death occurred that the

SB3604 - 40 - LRB103 37007 CES 69616 b
dead human body is being transported out of Illinois for a
period not to exceed 36 hours. This Section applies only to
instances in which the dead human body is to be returned to
Illinois prior to disposition. This Section does not affect
any rights or responsibilities held by county medical
examiners or coroners under the Local Governmental and
Governmental Employees Tort Immunity Act. The Department of
Public Health shall adopt rules to implement this Section.
(Source: P.A. 99-262, eff. 1-1-16.)
Section 910. The Illinois Vehicle Code is amended by
changing Section 6-117 as follows:
(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,
suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records
shall note the reasons for such action.

SB3604 - 41 - LRB103 37007 CES 69616 b
(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 crash 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
subsection (b-1) of Section 5-20 of the Illinois Anatomical
Gift Act, as follows:
(1) The Secretary shall offer, to each applicant for
issuance or renewal of a driver's license or
identification card who is 16 years of age or older, the

SB3604 - 42 - LRB103 37007 CES 69616 b
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.
(2.5) Not later than 2 years after the effective date
of this amendatory Act of the 103rd General Assembly, the
Secretary of State shall provide each applicant under this
Section the universal donor consent form established by
the Department of Public Health in Section 50 of the
Consensual Non-Transplant Donation Regulation Act.

SB3604 - 43 - LRB103 37007 CES 69616 b
(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 that
agreement in the First Person consent organ and tissue
donor registry. Representatives of federally designated
organ procurement agencies and tissue banks and the
offices of Illinois county coroners and medical examiners
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.

SB3604 - 44 - LRB103 37007 CES 69616 b
(Source: P.A. 102-982, eff. 7-1-23.)
Section 915. The Illinois Anatomical Gift Act is amended
by changing Sections 1-10, 5-5, 5-12, 5-20, 5-25, 5-27, and
5-47 and by adding Section 5-6 as follows:
(755 ILCS 50/1-10) (was 755 ILCS 50/2)
Sec. 1-10. Definitions. In this Act:
"Close friend" means any person 18 years of age or older
who has exhibited special care and concern for the decedent
and who presents an affidavit to the decedent's attending
physician, or the hospital administrator or his or her
designated representative, stating that he or she (i) was a
close friend of the decedent, (ii) is willing and able to
authorize the donation, and (iii) maintained such regular
contact with the decedent as to be familiar with the
decedent's health and social history, and religious and moral
beliefs. The affidavit must also state facts and circumstances
that demonstrate that familiarity.
"Death" means, for the purposes of the Act, when,
according to accepted medical standards, there is (i) an
irreversible cessation of circulatory and respiratory
functions; or (ii) an irreversible cessation of all functions
of the entire brain, including the brain stem.
"Decedent" means a deceased individual and includes a
stillborn infant or fetus.

SB3604 - 45 - LRB103 37007 CES 69616 b
"Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or
guardian of the individual who makes, amends, revokes, or
refuses to make an anatomical gift, or another adult who
exhibited special care and concern for the individual. The
term does not include a person to whom an anatomical gift could
pass under Section 5-12.
"Document of gift" means a donor card or other record used
to make an anatomical gift. The term includes a donor
registry.
"Donee" means the individual designated by the donor as
the intended recipient or an entity which receives the
anatomical gift, including, but not limited to, a hospital; an
accredited medical school, dental school, college, or
university; an organ procurement organization; an eye bank; a
tissue bank; for research or education, a non-transplant
anatomic bank; or other appropriate person.
"Donor" means an individual whose body or part is the
subject of an anatomical gift.
"Hospital" means a hospital licensed, accredited or
approved under the laws of any state; and includes a hospital
operated by the United States government, a state, or a
subdivision thereof, although not required to be licensed
under state laws.
"Non-transplant anatomic bank" means any facility or
program operating or providing services in this State that is

SB3604 - 46 - LRB103 37007 CES 69616 b
accredited by the American Association of Tissue Banks and
that is involved in procuring, furnishing, or distributing
whole bodies or parts for the purpose of medical education.
For purposes of this Section, a non-transplant anatomic bank
operating under the auspices of a hospital, accredited medical
school, dental school, college or university, or federally
designated organ procurement organization is not required to
be accredited by the American Association of Tissue Banks.
"Non-transplant anatomical donation organization" means an
entity that is licensed under the Consensual Non-Transplant
Donation Regulation Act to engage in the recovery, screening,
testing, processing, distribution, or storage of human bodies
or body parts for purposes of education, research, or the
advancement of medical, dental, or mortuary science.
"Organ" means a human kidney, liver, heart, lung,
pancreas, small bowel, or other transplantable vascular body
part as determined by the Organ Procurement and
Transplantation Network, as periodically selected by the U.S.
Department of Health and Human Services.
"Organ procurement organization" means the organ
procurement organization designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located, or the organ procurement
organization for which the Secretary of the U.S. Department of
Health and Human Services has granted the hospital a waiver
pursuant to 42 U.S.C. 1320b-8(a).

SB3604 - 47 - LRB103 37007 CES 69616 b
"Part" means organs, tissues, eyes, bones, arteries,
blood, other fluids and any other portions of a human body.
"Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association or any other legal entity.
"Physician" or "surgeon" means a physician or surgeon
licensed or authorized to practice medicine in all of its
branches under the laws of any state.
"Procurement organization" means an organ procurement
organization or a tissue bank.
"Reasonably available for the giving of consent or
refusal" means being able to be contacted by a procurement
organization without undue effort and being willing and able
to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
"Recipient" means an individual into whose body a donor's
part has been or is intended to be transplanted.
"State" includes any state, district, commonwealth,
territory, insular possession, and any other area subject to
the legislative authority of the United States of America.
"Technician" means an individual trained and certified to
remove tissue, by a recognized medical training institution in
the State of Illinois.
"Tissue" means eyes, bones, heart valves, veins, skin, and
any other portions of a human body excluding blood, blood
products or organs.

SB3604 - 48 - LRB103 37007 CES 69616 b
"Tissue bank" means any facility or program operating in
Illinois that is accredited by the American Association of
Tissue Banks, the Eye Bank Association of America, or the
Association of Organ Procurement Organizations and is involved
in procuring, furnishing, donating, or distributing corneas,
bones, or other human tissue for the purpose of injecting,
transfusing, or transplanting any of them into the human body
or for the purpose of research or education. "Tissue bank"
does not include a licensed blood bank. For the purposes of
this Act, "tissue" does not include organs or blood or blood
products.
(Source: P.A. 98-172, eff. 1-1-14; 98-756, eff. 7-16-14.)
(755 ILCS 50/5-5) (was 755 ILCS 50/3)
Sec. 5-5. Persons who may execute an anatomical gift.
(a) An anatomical gift of a donor's body or part that is to
be carried out upon the donor's death may be made during the
life of the donor for the purpose of transplantation, therapy,
research, or education by:
(1) the donor, if the donor is an adult, an
emancipated minor, or 16 or 17 years of age and registered
in the First Person Consent organ and tissue donor
registry under subsection (g) of Section 6-117 of the
Illinois Vehicle Code if the First Person Consent was
executed prior to 2 years after the effective date of this
amendatory Act of the 103rd General Assembly;

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(1.5) the donor, if the donor is an adult, an
emancipated minor, or 16 or 17 years of age and registered
in the First Person Consent organ and tissue donor
registry under subsection (g) of Section 6-117 of the
Illinois Vehicle Code and executed the universal donor
consent form in accordance with Section 50 of the
Consensual Non-Transplant Donation Regulation Act, if the
First Person Consent was executed later than 2 years after
the effective date of this amendatory Act of the 103rd
General Assembly;
(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.
(b) If no gift has been executed under subsection (a), an
anatomical gift of a decedent's body or part for the purpose of
transplantation, therapy, research, or education may be made
at the time of the decedent's death, or when death is imminent,
by a member of the following classes of persons who is
reasonably available for the giving of authorization or
refusal, in the order of priority listed, when persons in
prior classes are not available for the giving of
authorization or refusal and in the absence of actual notice
of contrary intentions by the decedent:

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(1) an individual acting as the decedent's agent under
a power of attorney for health care;
(2) the guardian of the person of the decedent;
(3) the spouse or civil union partner of the decedent;
(4) an adult child of the decedent;
(5) a parent of the decedent;
(6) an adult sibling of the decedent;
(7) an adult grandchild of the decedent;
(8) a grandparent of the decedent;
(9) a close friend of the decedent;
(10) the guardian of the estate of the decedent; and
(11) any other person authorized or under legal
obligation to dispose of the body.
(b-5) If there is more than one member of a class listed in
item (2), (4), (5), (6), or (7) of subsection (b) of this
Section 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 5-12 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 for the giving of
authorization or refusal.
(b-10) A person may not make an anatomical gift if, at the
time of the decedent's death, a person in a higher priority
class under subsection (b) of this Section is reasonably
available for the giving of authorization or refusal.

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(c) A gift of all or part of a body authorizes any blood or
tissue test or minimally invasive examination necessary to
assure medical acceptability of the gift for the purposes
intended. The hospital shall, to the extent possible and in
accordance with any agreement with the organ procurement
organization, non-transplant anatomical donation
organization, or tissue bank, take measures necessary to
maintain the medical suitability of the part until the
procurement organization has had the opportunity to advise the
applicable persons as set forth in this Act of the option to
make an anatomical gift or has ascertained that the individual
expressed a contrary intent and has so informed the hospital.
The results of tests and examinations under this subsection
shall be used or disclosed only for purposes of evaluating
medical suitability for donation, to facilitate the donation
process, and as required or permitted by existing law.
(d) The rights of the donee created by the gift are
paramount to the rights of others except as provided by
Section 5-45(d).
(e) If no gift has been executed under this Act, then no
part of the decedent's body may be used for any purpose
specified in this Act.
(Source: P.A. 100-41, eff. 1-1-18.)
(755 ILCS 50/5-6 new)
Sec. 5-6. Universal donor consent form. Two years after

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the effective date of this amendatory Act of the 103rd General
Assembly, the execution of a gift under this Act shall be
accompanied by the universal donor consent form provided for
in Section 50 of the Consensual Non-Transplant Donation
Regulation Act to consent to non-transplant anatomical
donation.
(755 ILCS 50/5-12)
Sec. 5-12. Persons who may receive an anatomical gift;
purpose of anatomical gift.
(a) An anatomical gift may be made to the following
persons named in the document of gift:
(1) for research or education, a hospital; an
accredited medical school, dental school, college, or
university; an organ procurement organization; or other
appropriate person;
(2) subject to subsection (b) of this Section, an
individual designated by the person making the anatomical
gift if the individual is the recipient of the part;
(3) an eye bank or tissue bank; or
(4) for research or education, a non-transplant
anatomical donation organization licensed by the
Department of Public Health anatomic bank.
(b) If an anatomical gift to an individual under item (2)
of subsection (a) of this Section cannot be transplanted into
the individual, the part passes in accordance with subsection

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(g) of this Section unless there is an express, contrary
indication by the person making the anatomical gift or the
universal donor consent form provides the contrary indication.
(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) of this Section, 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 non-transplant anatomical
donation organization procurement organization.
(d) For the purpose of subsection (c) of this Section, 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, and if the gift cannot be used for

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transplantation or therapy, the gift may be used for research
or education, provided that the universal donor consent form
does not stipulate a purpose to the contrary.
(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) of this Section and does not
identify the purpose of the gift, the gift may be used only for
transplantation or therapy or research, and the gift passes in
accordance with subsection (g) of this Section.
(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 or research, and the gift passes in accordance with
subsection (g) of this Section.
(g) For purposes of subsections (b), (e), and (f) of this
Section, 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 or
non-transplant anatomical donation 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 item (2) of
subsection (a) of this Section, passes to the organ
procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass under this Section
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 5-5 or subsection (e) or (e-5) of Section 5-20 or if
the person knows that the decedent made a refusal under
Section 5-43 that was not revoked.
(k) Except as otherwise provided in item (2) of subsection
(a) of this Section, nothing in this Act affects the
allocation of organs for transplantation or therapy.
(Source: P.A. 98-172, eff. 1-1-14.)
(755 ILCS 50/5-20) (was 755 ILCS 50/5)
Sec. 5-20. Manner of executing anatomical gifts.
(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,

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by any form of communication addressed to at least 2
adults, at least one of whom is a disinterested witness;
or
(4) as provided in subsection (b) and (b-1) of this
Section.
(b) A donor or other person authorized to make an
anatomical gift under subsection (a) of Section 5-5 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 2 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) of this subsection (b).
(b-1) A gift under Section 5-5 (a) 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 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

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donation of any of his or her organs or tissue for purposes of
transplantation, therapy, or research. 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.
(b-5) 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.
(b-7) Not later than 2 years after the effective date of
this amendatory Act of the 103rd General Assembly, the
Secretary of State shall provide all donors with the universal
donor consent form in accordance with Section 6-117 of the
Illinois Vehicle Code.
(b-10) 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.
(c) The anatomical gift may be made to a specified donee or
without specifying a donee. If the gift is made to a specified
donee who is not available at the time and place of death, then
if made for the purpose of transplantation, it shall be
effectuated in accordance with Section 5-25.
(d) The donee or other person authorized to accept the
gift pursuant to Section 5-12 may employ or authorize any
qualified technician, surgeon, or physician to perform the
recovery.

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(e) A person authorized to make an anatomical gift under
subsection (b) of Section 5-5 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.
(e-5) An anatomical gift by a person authorized under
subsection (b) of Section 5-5 may be amended or revoked orally
or in a record by a member of a prior class who is reasonably
available for the giving of authorization or refusal. If more
than one member of the prior class is reasonably available for
the giving of authorization or refusal, the gift made by a
person authorized under subsection (b) of Section 5-5 may be:
(1) amended only if a majority of the class members
reasonably available for the giving of authorization or
refusal agree to the amending of the gift; or
(2) revoked only if a majority of the class members
reasonably available for the giving of authorization or
refusal agree to the revoking of the gift or if they are
equally divided as to whether to revoke the gift.
(e-10) A revocation under subsection (e-5) is effective
only if, before an incision has been made to remove a part from
the donor's body or before invasive procedures have been
commenced to prepare the recipient, the procurement
organization, non-transplant anatomic bank, transplant
hospital, or physician or technician knows of the revocation.

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(f) When there is a suitable candidate for organ donation
and a donation or consent to donate has not yet been given,
procedures to preserve the decedent's body for possible organ
and tissue donation may be implemented under the authorization
of the applicable organ procurement organization, at its own
expense, prior to making a donation request pursuant to
Section 5-25. If the organ procurement organization does not
locate a person authorized to consent to donation or consent
to donation is denied, then procedures to preserve the
decedent's body shall be ceased and no donation shall be made.
The organ procurement organization shall respect the religious
tenets of the decedent, if known, such as a pause after death,
before initiating preservation services. Nothing in this
Section shall be construed to authorize interference with the
coroner in carrying out an investigation or autopsy.
(Source: P.A. 100-41, eff. 1-1-18.)
(755 ILCS 50/5-25)
Sec. 5-25. Notification; authorization.
(a) Each hospital in this State shall enter into
agreements or affiliations with procurement organizations for
coordination of procurement and use of anatomical gifts.
Within 2 years after the effective date of this amendatory
Act, each hospital in the State shall enter into agreements or
affiliations with non-transplant anatomical donation
organizations licensed by the Department of Public Health for

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the purposes of coordinating non-transplant anatomical
donations.
(b) Hospitals shall proceed in accordance with the
applicable requirements of 42 CFR 482.45 or any successor
provisions of federal statute or regulation, as may be amended
from time to time, with regard to collaboration with
procurement organizations to facilitate organ, tissue, and eye
donation.
In making a request for organ or tissue donation, the
hospital or the hospital's federally designated organ
procurement organization or tissue bank shall request any of
the persons, in the order of priority stated in items (1)
through (11) below, when persons in prior classes are not
available and in the absence of (i) actual notice of contrary
intentions by the decedent, (ii) actual notice of opposition
by any member within the same priority class, and (iii) reason
to believe that an anatomical gift is contrary to the
decedent's religious beliefs, to authorize the gift of all or
any part of the decedent's body for any purpose specified in
Section 5-12:
(1) an individual acting as the decedent's agent under
a power of attorney for health care;
(2) the guardian of the person of the decedent;
(3) the spouse or civil union partner of the decedent;
(4) an adult child of the decedent;
(5) a parent of the decedent;

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(6) an adult sibling of the decedent;
(7) an adult grandchild of the decedent;
(8) a grandparent of the decedent;
(9) a close friend of the decedent;
(10) the guardian of the estate of the decedent; and
(11) any other person authorized or under legal
obligation to dispose of the body.
(c) (Blank).
(d) (Blank).
(Source: P.A. 98-172, eff. 1-1-14.)
(755 ILCS 50/5-27) (was 755 ILCS 60/3.5)
Sec. 5-27. Notification of patient; family rights and
options after circulatory death.
(a) In this Section, "donation after circulatory death"
means the donation of organs from a patient whose death is
declared based upon cardiopulmonary, and not neurological,
criteria, following the implementation of the decision to
withdraw life support.
(b) If (i) a potential organ donor, or an individual given
authority under subsection (b) of Section 5-25 to consent to
an organ donation, expresses an interest in organ donation,
(ii) there has not been a certification of brain death for the
potential donor, and (iii) the potential donor is a patient at
a hospital that does not allow donation after circulatory
death, then the organ procurement organization shall inform

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the patient or the individual given authority to consent to
organ donation that the hospital does not allow donation after
circulatory death.
(c) In addition to providing oral notification, the organ
procurement organization shall develop a written form that
indicates to the patient or the individual given authority to
consent to organ donation, at a minimum, the following
information:
(1) That the patient or the individual given authority
to consent to organ donation has received literature and
has been counseled by (representative's name) of the
(organ procurement organization name).
(2) That all organ donation options have been
explained to the patient or the individual given authority
to consent to organ donation, including the option of
donation after circulatory death.
(3) That the patient or the individual given authority
to consent to organ donation is aware that the hospital
where the potential donor is a patient does not allow
donation after circulatory death.
(4) That the patient or the individual given authority
to consent to organ donation has been informed of the
right to request a patient transfer to a facility allowing
donation after circulatory death.
(5) That the patient or the individual given authority
to consent to organ donation has been informed of another

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hospital that will allow donation after circulatory death
and will accept a patient transfer for the purpose of
donation after circulatory death; and that the cost of
transferring the patient to that other hospital will be
covered by the organ procurement organization, with no
additional cost to the patient or the individual given
authority to consent to organ donation.
The form required under this subsection must include a
place for the signatures of the patient or the individual
given authority to consent to organ donation and the
representative of the organ procurement organization and space
to provide the date that the form was signed.
(d) Within 2 years after the effective date of this
amendatory Act of the 103rd General Assembly, if the potential
donor's gift is for the purpose of research or education, the
patient or the individual given authority to consent to organ
donation shall be provided the universal donor consent form.
(Source: P.A. 98-172, eff. 1-1-14.)
(755 ILCS 50/5-47)
Sec. 5-47. Rights and duties of procurement organizations
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

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area in which the individual resides to ascertain whether the
individual has made an anatomical gift.
(b) A procurement organization shall 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.
If the individual is a donor who is an unemancipated minor, the
procurement organization shall conduct a reasonable search for
a parent or guardian of the donor and shall provide the parent
or guardian with an opportunity to amend or revoke the
anatomical gift of the donor's body.
(c) 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 5-12 may conduct any reasonable examination
necessary to ensure the medical suitability of the body or
part for its intended purpose.
(d) Unless prohibited by law other than this Act, an
examination under subsection (c) may include an examination of
all medical and dental records of the donor or prospective
donor.
(e) Upon referral by a hospital under subsection (a) of
this Section, a procurement organization shall make a
reasonable search for any person listed in subsection (b) of
Section 5-5 having priority to make an 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

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the other person of all relevant information.
(f) Subject to subsection (i) of Section 5-12, the rights
of the person to which a part passes under Section 5-12 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 who 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 5-12, upon the death of the
donor and before embalming, burial, or cremation, shall cause
the part to be removed without unnecessary mutilation.
(g) 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.
(h) A physician or technician may remove a donated part
from the body of a donor that the physician or technician is
qualified to remove.
(i) Not later than July 1, 2020, the Secretary of State
shall create a database consisting of all individuals who have
consented to having their names included in the First Person
Consent organ and tissue donor registry maintained by the
Secretary of State pursuant to Section 6-117 of the Illinois
Vehicle Code. This database shall include identifying
information for each individual, including, where available,

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the individual's name, address, gender, date of birth,
driver's license or identification card number, social
security number only if the donor does not have a driver's
license or identification card number, and date of consent to
join the registry. The Secretary of State shall update the
database not less often than every 7 days. Upon executing a
data access agreement with the Secretary of State, an organ
procurement organization, as defined in this Act, providing
services in the State of Illinois shall be granted online
access to the database for the purpose of determining whether
a potential organ and tissue donor is included in the First
Person Consent organ and tissue donor registry.
(j) Not later than 2 years after the effective date of this
amendatory Act of the 103rd General Assembly, the Department
of Public Health shall create a database consisting of all
universal donor consent forms.
The organ procurement organization shall indemnify and
hold harmless the State of Illinois, its officials, and
employees for any judgments, assessments, damages, fines,
fees, and legal costs arising out of the acts, omissions,
decisions, or other conduct of the organ procurement
organization and its officials, employees, and agents in the
use of the database.
(Source: P.A. 100-41, eff. 1-1-18; 101-179, eff. 1-1-20.)
Section 999. Effective date. This Act takes effect upon
becoming law.
SB3604 - 67 - LRB103 37007 CES 69616 b
INDEX
Statutes amended in order of appearance