Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
SB0087 • 2026
ANATOMICAL DONATION
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
ANATOMICAL DONATION
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026
Rule 2-10 Committee Deadline Established As April 24, 2026
Rule 2-10 Committee Deadline Established As March 27, 2026
To End of Life Issues
Re-assigned to Executive
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee Deadline Established As April 11, 2025
To End of Life Issues
Assigned to Executive
Filed with Secretary by Sen. Mary Edly-Allen
First Reading
Referred to Assignments
ANATOMICAL DONATION
Illinois General Assembly - Full Text of SB0087 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. Choose Language English Afrikaans Albanian Arabic Armenian Azerbaijani Basque Bengali Bosnian Catalan Croatian Czech Danish Dutch Esperanto Estonian Filipino Finnish French Galician Georgian German Greek Gujarati Haitian Creole Hausa Hawaiian Hebrew Hindi Hungarian Icelandic Indonesian Interlingua Interlingue Inuktitut Irish Italian Japanese Javanese Kannada Khmer Korean Latin Latvian Lithuanian Luxembourgish Macedonian Malagasy Malayalam Maltese Maori Marathi Myanmar Nepali Norwegian Odia Pashto Punjabi Romanian Russian Samoan Sango Sanskrit Sardinian Sindhi Sinhala Slovak Slovenian Somali Southern Sotho Spanish Sundanese Swahili Swedish Tamil Telugu Thai Tigrinya Tonga Turkish Ukrainian Urdu Vietnamese Welsh Xhosa Yiddish Yoruba Zulu Powered by Translate Close Illinois General Assembly Top Navigation Bar Translate Learn Select General Assembly Search the 104th General Assembly Enter search terms for legislation, members, committees, or schedules. ILGA.GOV LEGISLATION & LAWS Bills & Resolutions Public Acts Illinois Compiled Statutes Illinois Constitution Search Legislation Glossary Guide Reports & Inquiry Legislative Reports Special Reports FTP Site Legislator Lookup Capitol Complex Phone Numbers Rules & Regulations Illinois Register Administrative Rules Senate Members Schedules Committees Request for Remote Testimony Journals Transcripts Rules Audio/Video FOIA Information Senate Employment Opportunities Media Guidelines House Members Schedules Committees Submit testimony for House Committees Journals Transcripts Rules Audio/Video FOIA Information House Employment Opportunities Log In Mobile Top Bar Search the 104th General Assembly Enter keywords to search the Illinois General Assembly website. Full Text of SB0087 Home Legislation Full Text SB0087 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0087 Introduced 1/17/2025, 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. LRB104 06664 BAB 16700 b A BILL FOR SB0087 LRB104 06664 BAB 16700 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Consensual Non-Transplant Donation Regulation Act. 6 Section 5. Definitions. As used in this Act: 7 "Accrediting body" means a nationally recognized agency 8 approved by the Department that provides certification for a 9 business organization operating a non-transplant anatomical 10 donation organization. 11 "Arranger" means the individual who is talking with, 12 coordinating with, facilitating, or presenting the option of 13 non-transplant anatomical donation to a potential donor, 14 donor's family, or responsible authorizing agent on behalf of 15 a non-transplant anatomical donation organization. With 16 regards to the Secretary of State's role in non-transplant 17 anatomical donation under Section 6-117 of the Illinois 18 Vehicle Code, the Secretary of State shall not be considered 19 the arranger. 20 "Chain of custody record" means a record that establishes 21 the continuous control of a uniquely identified body, body 22 parts, or human remains. 23 "Department" means the Department of Public Health. SB0087 - 2 - LRB104 06664 BAB 16700 b 1 "Director" means the Director of Public Health. 2 "Distribution" means a process that includes selection and 3 evaluation of intended use of non-transplant anatomical 4 material or a non-transplant anatomical donation, a human 5 body, or human body part for release to an education facility 6 or a research facility according to State law. 7 "Donor" means a person who has knowingly consented in 8 accordance with applicable law to the transfer of a person's 9 deceased body or body part, not for use in transplantation, 10 for education, research, or the advancement of medical, 11 dental, or mortuary science. 12 "Donor's family" means the next of kin to the donor with 13 the legal authority to consent to non-transplant anatomical 14 donation on behalf of the donor in accordance with Section 5-5 15 of the Illinois Anatomical Gift Act. 16 "End user" means the education or research institution 17 that receives the non-transplant anatomical donation from a 18 licensed non-transplant anatomical donation organization. 19 (1) A "primary end user" is the donor's, donor's 20 family's, or the responsible authorizing agent's first in 21 priority choice of an education or research institution to 22 receive the non-transplant anatomical material under this 23 Act. 24 (2) A "secondary end user" is the donor's, donor's 25 family's, or the responsible authorizing agent's second in 26 priority choice of an education or research institution to SB0087 - 3 - LRB104 06664 BAB 16700 b 1 receive the non-transplant anatomical material under this 2 Act. 3 "Entity" means a non-transplant anatomical donation 4 organization that is accredited, licensed, or approved under 5 federal law or the laws of this State to engage in the 6 recovery, screening, testing, processing, distribution, or 7 storage of human bodies or body parts. 8 "Exceptional release" means non-transplant anatomical 9 material that is approved for usage before a donor 10 acceptability assessment or by a researcher requesting 11 non-transplant anatomical material that would not normally 12 meet the established acceptability criteria. 13 "Environmental services" means activities such as 14 housekeeping, laundry, facility maintenance, or equipment 15 maintenance. 16 "Final disposition" means the final disposal of 17 non-transplant anatomical material or a non-transplant 18 anatomical donation through incineration, cremation, 19 bio-cremation, burial, full depletion by virtue of a 20 particular use, or by another legal means. 21 "Education" means the use of a human body or body parts for 22 teaching or training individuals, including, but not limited 23 to, medical, dental, or mortuary science students or 24 professionals, with regard to the anatomy and characteristics 25 of the human body, disease detection, and such other uses as 26 may be specified by the Department by rule. SB0087 - 4 - LRB104 06664 BAB 16700 b 1 "Human body" means a deceased human body or non-transplant 2 anatomical donation. 3 "Human body part" or "body part" means an organ, tissue, 4 eye, bone, blood vessel, or any other portion of a human body 5 that is subject to an anatomical gift or other transfer made 6 under State law. "Human body part" does not include blood 7 drawn for medical purposes or a growing cell line. 8 "Institution" means a facility established by law for the 9 purpose of education, research, or the advancement of medical, 10 dental, or mortuary science. 11 "Licensee" means a person to whom the Department has 12 issued a license to operate a non-transplant anatomical 13 donation organization. 14 "Misuse" means to use non-transplant anatomical material 15 and non-transplant anatomical donations for purposes other 16 than education or research. 17 "Non-transplant anatomical donation" means a donation of a 18 whole body, organ, or tissue authorized and used for education 19 and research prior to release to distribution inventory. 20 "Non-transplant anatomical material" means a whole body or 21 part of a body donated for use in education or research that 22 has been prepared, packaged, labeled, and released to 23 distribution inventory. 24 "Non-transplant anatomical donation organization" means an 25 entity that is accredited, licensed, or approved under federal 26 law or State law to engage in the recovery, screening, SB0087 - 5 - LRB104 06664 BAB 16700 b 1 testing, processing, distribution, or storage of human bodies 2 or body parts for purposes of education, research or the 3 advancement of medical, dental, or mortuary science. 4 "Research" does not include an autopsy or examination 5 conducted as part of a criminal investigation. 6 "Responsible authorizing party" means an individual with 7 the legal authority to consent to non-transplant anatomical 8 donation on behalf of a donor in accordance with Section 5-5 of 9 the Illinois Anatomical Gift Act. 10 "Secondary specific use consent" means the opportunity for 11 a donor's family or responsible authorizing agent to modify 12 the specific use the donor, the donor's family, or responsible 13 authorizing agent consented to in the universal donor consent 14 form. 15 "Specific use" means the specified purpose, whether 16 education or research related, consented to by the donor, the 17 donor's family, or a responsible authorizing agent to a 18 specified end user consented to by the donor, the donor's 19 family, or a responsible authorizing agent within the 20 universal donor consent form. 21 "Storage" means a designated area that contains equipment, 22 instruments, and supplies necessary to maintain non-transplant 23 anatomical donations or non-transplant anatomical material 24 until distribution or final disposition. 25 "Transfer" means to move from a non-transplant anatomical 26 donation organization to an institution. SB0087 - 6 - LRB104 06664 BAB 16700 b 1 "Unique identifier" means providing the deceased with 2 individual identification, through tagging, numbering, QR 3 code, or other individualized means, that is affixed to the 4 dead body, the body bag, and any body part, organ, or tissue 5 separated from the deceased to be used in non-transplant 6 anatomical donation in order to prevent misidentification of 7 human remains. 8 "Universal donor consent form" means the legal record of a 9 gift of non-transplant anatomical material permitting and 10 defining acquisition and specific use of non-transplant 11 anatomical material for education and research. 12 Section 10. License required. Except as provided by this 13 Act, no person shall open, manage, conduct, offer, maintain, 14 or advertise as a non-transplant anatomical donation 15 organization without a valid license issued by the Department. 16 A non-transplant anatomical donation organization established 17 by law to conduct business in the State of Illinois that 18 acquires or transfers a human body or human body part for 19 education, research, or the advancement of medical, dental, or 20 mortuary science, and not for use in human transplantation, 21 shall register and be licensed by the Department at such time 22 and in such manner as the Department may require. All 23 non-transplant anatomical donation organizations in existence 24 on the effective date of this Act shall obtain a valid license 25 to operate within 2 years after the adoption of rules by the SB0087 - 7 - LRB104 06664 BAB 16700 b 1 Department to implement this Act. 2 Section 15. Contents of license application. An applicant 3 for a license or license renewal under this Section shall 4 submit an application to the Department containing such 5 information as the Department may require by rule on the 6 activities to be carried out pursuant to licensure. Unless 7 otherwise set forth by administrative rule, the application 8 shall include: 9 (1) the name of the applicant, including all trade 10 names under which the applicant conducts business; 11 (2) the date on which the applicant first began or 12 will begin commencing activities described in this Act; 13 (3) a list of all addresses at which the applicant 14 conducts business; 15 (4) a description of the premises and equipment used 16 by the applicant; 17 (5) a description of the types of service provided by 18 the applicant; 19 (6) identification of all officers and administrators 20 of the applicant; 21 (7) an attestation that the applicant will keep 22 records, including, but not limited to, the chain of 23 custody record, in accordance with the requirements of 24 this Act; 25 (8) an attestation that the applicant will use the SB0087 - 8 - LRB104 06664 BAB 16700 b 1 universal donor consent form in accordance with the 2 requirements of this Act; 3 (9) an attestation that the applicant will uniquely 4 identify all human bodies or human body parts in 5 accordance with the requirements of this Act; and 6 (10) an acknowledgment that the Department will be 7 permitted to inspect the premises and records of the 8 applicant as to the items and in the manner prescribed in 9 this Act. 10 Section 20. Accreditation; licensure; renewal; fees; 11 penalties; enforcement. 12 (a) An entity may not act as a non-transplant anatomical 13 donation organization in this State unless the entity is 14 accredited and licensed by the Department as a non-transplant 15 anatomical donation organization. The entity shall apply in 16 writing to the Department on a form specified by the Director, 17 which shall include all information requested in the 18 application, and shall pay the fees prescribed by the 19 Department by rule. 20 (b) The Director shall grant a license to an entity if: 21 (1) the organization is accredited by a nationally 22 recognized accrediting agency that is approved by the 23 Department and maintains full accreditation with the 24 accrediting agency; and 25 (2) the entity meets other requirements prescribed by SB0087 - 9 - LRB104 06664 BAB 16700 b 1 the Department by rule. 2 (c) Each non-transplant anatomical donation organization 3 applying for a license or license renewal shall pay all 4 applicable fees as prescribed by the Department by rule. All 5 fees collected for the license and license renewal of 6 non-transplant anatomical donation organizations shall be 7 deposited into the Public Health Licensing Fund, a special 8 fund created in the State treasury, to be used by the 9 Department for the administration and enforcement of this Act. 10 (d) The Director may sanction, impose civil penalties on, 11 suspend the license of, or revoke the license of a 12 non-transplant anatomical donation organization and may 13 sanction or impose civil penalties on any person who is an 14 owner, officer, agent, or employee of a non-transplant 15 anatomical donation organization if the person is in or 16 continues to be in violation of this Act or rules adopted by 17 the Department under this Act. 18 (e) Any person or entity operating as a non-transplant 19 anatomical donation organization without proper accreditation 20 or licensure in this State shall be subject to criminal 21 prosecution and civil penalties as provided under Section 85 22 and any applicable rules. 23 Section 25. Other fees. 24 (a) The Department shall establish a fee for licensure 25 under Section 10 and renewal under Section 30. SB0087 - 10 - LRB104 06664 BAB 16700 b 1 (b) The Department shall determine the amount of licensing 2 fees under this Act, taking into consideration, among other 3 things, the projected implementation, enforcement, and 4 inspection costs associated with this Act. 5 (c) Every fine accruing from a conviction under this Act 6 shall be paid into the common school fund of the county in 7 which the offense was committed. 8 Section 30. License renewal. The Department shall require 9 that the license of an applicant be renewed by the applicant 10 every 2 years. 11 Section 35. Change of information. 12 (a) Not later than 30 days after any change of any 13 information listed under Section 15, an applicant or licensee 14 shall notify the Department of the change in writing as 15 prescribed by the Department. 16 (b) A licensee shall notify the Department in writing at 17 least 30 calendar days before the date of: 18 (1) termination of operation, including, but not 19 limited to, the proposed termination date and the address 20 and contact information for the location where the 21 non-transplant anatomical donation organization records 22 will be retained, if applicable; 23 (2) a proposed modification that alters the area for 24 tissue recovery, if applicable; SB0087 - 11 - LRB104 06664 BAB 16700 b 1 (3) a change in the non-transplant anatomical donation 2 organization's legal name; 3 (4) a change in the legal name of a licensee, 4 including the licensee's new name; and 5 (5) a change in the address of the non-transplant 6 anatomical donation organization, including the new 7 address. 8 (c) A licensee shall notify the Department in writing no 9 later than 30 calendar days after the date of: 10 (1) a change in the non-transplant anatomical donation 11 organization's email address or mailing address, including 12 the new email address or mailing address of the 13 non-transplant anatomical donation organization; 14 (2) a change in the email address or telephone number 15 of the licensee, including the new email address or 16 telephone number; 17 (3) a change in an administrator or medical director, 18 including his or her name and email address; and 19 (4) a change in the name or contact information of an 20 officer affiliated with the licensee, including the name 21 and contact information of the new officer. 22 (d) If the Department receives notification of termination 23 of operation, the Department shall void the licensee's license 24 to operate a non-transplant anatomical donation organization 25 on the termination date specified by the licensee. 26 (e) If the Department receives notification of a proposed SB0087 - 12 - LRB104 06664 BAB 16700 b 1 modification that alters the area for tissue recovery, the 2 Department: 3 (1) may conduct an inspection of the premises; and 4 (2) shall issue to the licensee an amended license 5 that incorporates the modification and retains the 6 expiration date of the existing license, if the 7 non-transplant anatomical donation organization is in 8 compliance. 9 (f) If the Department receives a notification of a legal 10 name change for a non-transplant anatomical donation 11 organization, the Department shall issue to the licensee an 12 amended license showing the licensee's changed legal name. 13 (g) If the Department receives notice of a change in the 14 legal name of a licensee, the Department shall void the 15 licensee's license to operate and issue a new license to 16 operate with the licensee's changed legal name. 17 (h) If the Department receives notice for a change in the 18 address of a non-transplant anatomical donation organization, 19 the Department shall require and review an amended application 20 for a license. 21 (i) An individual or business organization planning to 22 assume operation of an existing non-transplant anatomical 23 donation organization shall obtain a new license before 24 beginning operation. 25 Section 40. Denial; suspension; revocation; enforcement. SB0087 - 13 - LRB104 06664 BAB 16700 b 1 (a) The Department may: 2 (1) deny a license; 3 (2) suspend or revoke a license; or 4 (3) assess a civil penalty against a licensee. 5 (b) The Department may deny an application or suspend or 6 revoke a license to operate a non-transplant anatomical 7 donation organization if: 8 (1) an applicant or licensee does not meet the 9 application requirements; 10 (2) a licensee does not comply with any statutory 11 requirements or requirements of the Department; 12 (3) a licensee does not correct a deficiency 13 identified during an inspection according to the plan of 14 correction; 15 (4) an applicant or licensee provides false or 16 misleading information as part of an application or 17 inspection; or 18 (5) the nature or number of violations revealed by any 19 type of inspection or investigation of a non-transplant 20 anatomical donation organization pose a direct risk to the 21 life, health, or safety of individuals on the premises or 22 the public at large. 23 (c) In determining which action is appropriate, the 24 Department may consider: 25 (1) repeated violations of statutes or rules; 26 (2) a pattern of violations; SB0087 - 14 - LRB104 06664 BAB 16700 b 1 (3) the severity of violations; and 2 (4) the number of violations. 3 (d) The Department may suspend or revoke a non-transplant 4 anatomical donation organization's license if the Department 5 receives notice from the organization's accrediting body that 6 the organization's accreditation has been suspended or 7 revoked. An applicant or licensee may seek administrative 8 review of the Department's determination. 9 Section 45. Inspections. The Department shall inspect a 10 licensee's premises at least annually and any time after it 11 receives a complaint or notice of a violation. 12 Section 50. Universal donor consent form; non-transplant 13 anatomical donation. The Department shall create a universal 14 donor consent form that allows a donor, the donor's family, or 15 responsible authorizing agent to consent to non-transplant 16 anatomical donation. 17 (1) The universal donor consent form shall include: 18 (A) the name of the donor and name of the donor's 19 family member or responsible authorizing agent, if 20 applicable; 21 (B) the contact information for donor, donor's 22 family, or responsible authorizing agent; 23 (C) the definitions of "education" and "research" 24 as provided in Section 5 of this Act; SB0087 - 15 - LRB104 06664 BAB 16700 b 1 (D) the specific use consented to by the donor, 2 donor's family, or responsible authorizing agent of 3 the non-transplant anatomical material; 4 (E) uses of non-transplant anatomical material 5 that the donor, donor's family, or responsible 6 authorizing agent does not consent to; 7 (F) the end user or list of end users the donor, 8 donor's family, or authorizing agent consents to; 9 (G) a description of how, if the specific use 10 consented to by the donor, donor's family, or 11 responsible authorizing agent cannot be executed, the 12 donor's family or responsible authorizing agent shall 13 be contacted to execute secondary specific use consent 14 in accordance with the procedure provided in Section 15 60 of this Act; 16 (H) the contact information for the individual 17 with the authority to execute secondary specific use 18 consent; 19 (I) an explanation of how remains would be 20 returned, if applicable; 21 (J) the name, phone number, and license number for 22 the arranger; 23 (K) a statement that provides the donor, donor's 24 family, or responsible authorizing agent with 25 information regarding who to direct questions to; 26 (L) a statement that the non-transplant anatomical SB0087 - 16 - LRB104 06664 BAB 16700 b 1 material will be treated with dignity at all times; 2 and 3 (M) a statement that the non-transplant anatomical 4 material may require international export to an end 5 user; and 6 (2) The universal donor consent form shall direct a 7 potential donor, the donor's family, or responsible 8 authorizing agent to websites that: 9 (A) answer frequently asked questions; 10 (B) allow a potential donor, the donor's family, 11 or responsible authorizing agent to verify whether a 12 specific non-transplant anatomical donation 13 organization holds a valid license with the 14 Department; and 15 (C) provide a resource to contact if the donor, 16 the donor's family, or responsible authorizing agent 17 alleges a violation of this Act. 18 Section 55. Specific use. 19 (a) The Department shall establish rules, regarding the 20 donor's, donor's family's, or responsible authorizing agent's 21 consented specific use of the non-transplant anatomical 22 material, in accordance with the procedures provided for in 23 this Section. 24 (b) When the donor, donor's family, or responsible 25 authorizing agent consent to the gift of a non-transplant SB0087 - 17 - LRB104 06664 BAB 16700 b 1 anatomical donation, the donor, donor's family, or responsible 2 authorizing agent shall be provided the opportunity to consent 3 to the specific use of the non-transplant anatomical material. 4 (c) On the universal donor consent form, the donor, 5 donor's family, or responsible authorizing agent shall be 6 permitted to consent to the non-transplant anatomical donation 7 for the following purposes: 8 (1) education purposes, including, but not limited to, 9 the training of new doctors; 10 (2) research purposes, including, but not limited to, 11 military advancements, vehicle safety, specific medical 12 research such as curing a specified ailment held by the 13 donor; or 14 (3) a specific education or research purpose. 15 (d) On the universal donor consent form, the donor, 16 donor's family, or responsible authorizing agent shall be 17 permitted to specify that the donor, donor's family, or 18 responsible authorizing agent does not consent to the 19 non-transplant anatomical donation for the following purposes: 20 (1) education purposes, including, but not limited to, 21 the training of new doctors; or 22 (2) research purposes, including, but not limited to, 23 military advancements, vehicle safety, or specific medical 24 research such as curing a specified ailment held by the 25 donor; or 26 (3) a specific education or research purpose. SB0087 - 18 - LRB104 06664 BAB 16700 b 1 (e) On the universal donor consent form, the donor, 2 donor's family, or responsible authorizing agent shall be 3 permitted to specify a primary end user who the donor, donor's 4 family, or responsible authorizing agent consents may receive 5 the donor's non-transplant anatomical material. The donor, 6 donor's family, or responsible authorizing agent shall be 7 permitted to specify a secondary end user who the donor, 8 donor's family, or responsible authorizing agent consents may 9 receive the donor's non-transplant anatomical material if the 10 primary end user is unable to accept the non-transplant 11 anatomical donation for any reason, including that the primary 12 end user cannot satisfy the donor, donor's family, or 13 responsible authorizing agent's consented purpose in 14 subsections (c) and (d) of this Section. 15 (f) If the specific use, including the consented purpose 16 and end user, that the donor, donor's family, or responsible 17 authorizing agent has consented to cannot be satisfied for any 18 reason, the Department shall establish rules that require a 19 licensee under this Act to contact the donor, donor's family, 20 or responsible authorizing agent to execute secondary specific 21 use consent in accordance with Section 60 of this Act. At this 22 time, the licensee is required to notify the donor's family or 23 responsible authorizing agent that if the consented secondary 24 specific use cannot be satisfied, the donor's family or 25 responsible authorizing agent is responsible for final 26 disposition as the donation will not be accepted. SB0087 - 19 - LRB104 06664 BAB 16700 b 1 (g) If the licensee can honor the secondary specific use 2 consented to by the donor's family or responsible authorizing 3 agent, the licensee may transfer the non-transplant anatomical 4 material to the end user. 5 (h) If the licensee cannot satisfy the secondary specific 6 use consented to by the donor's family or responsible 7 authorizing agent, the licensee may not transfer the 8 non-transplant anatomical material to an end user. The 9 licensee shall preserve the decedent's body and no donation 10 shall be made. 11 Section 60. Secondary specific use consent. 12 (a) The Department shall establish rules regarding the 13 donor's, donor's family's, or responsible authorizing agent's 14 secondary specific use consent of the non-transplant 15 anatomical material, in accordance with the procedures 16 provided for in this Section. 17 (b) If the specific use, including the consented purpose 18 and end user, that the donor, donor's family, or responsible 19 authorizing agent has consented to cannot be satisfied for any 20 reason, the donor's family or responsible authorizing agent 21 shall be given an opportunity from the licensee to provide 22 secondary specific use consent. 23 (c) A licensee shall notify the donor's family or 24 responsible authorizing agent that the specific use consented 25 to in the universal donor consent form cannot be satisfied. SB0087 - 20 - LRB104 06664 BAB 16700 b 1 The licensee may provide the donor's family or responsible 2 authorizing agent with options for secondary specific use 3 consent based on the current demand for non-transplant 4 anatomical material for specific uses and specific end users. 5 The licensee may provide the donor's family or responsible 6 authorizing agent with the ability to provide secondary 7 specific use consent for any education or research purpose to 8 any end user. The licensee shall notify the donor's family or 9 responsible authorizing agent that if the secondary specific 10 use consented to by the donor's family or responsible 11 authorizing agent cannot be satisfied, the licensee shall 12 preserve the body and no donation shall be made. 13 (d) If the licensee can honor the secondary specific use 14 consented to by the donor's family or responsible authorizing 15 agent, the licensee may transfer the non-transplant anatomical 16 material to the end user. 17 (e) If the licensee cannot satisfy the secondary specific 18 use consented to by donor's family or responsible authorizing 19 agent, the licensee may not transfer the non-transplant 20 anatomical material to an end user. The licensee shall 21 preserve the decedent's body and no donation shall be made. 22 Section 65. Donor records. 23 (a) A non-transplant anatomical donation organization 24 shall maintain a legible, reproducible record for each donor 25 from whom it releases non-transplant anatomical material for SB0087 - 21 - LRB104 06664 BAB 16700 b 1 at least 10 years after the date of final disposition. 2 (b) To ensure traceability of a non-transplant anatomical 3 donation and non-transplant anatomical material, a 4 non-transplant anatomical donation organization shall: 5 (1) document each procedure performed on a 6 non-transplant anatomical donation and non-transplant 7 anatomical material related to processing and storing 8 non-transplant anatomical donations and non-transplant 9 anatomical material; 10 (2) for each document created under paragraph (1), 11 include: 12 (A) the donor's unique identifier; 13 (B) the date, time, and location for each 14 procedure completed; and 15 (C) the name of the technician who performed the 16 procedure; and 17 (3) submit or have a contracted funeral home submit 18 information required to register the death of a 19 non-transplant anatomical donation within 7 calendar days 20 after receiving the non-transplant anatomical donation, if 21 applicable. 22 (c) A donor record shall be: 23 (1) confidential; 24 (2) kept in a location with controlled access; 25 (3) stored in a manner to prevent unauthorized access; 26 and SB0087 - 22 - LRB104 06664 BAB 16700 b 1 (4) maintained in a manner to preserve the donor 2 record's completeness and accuracy. 3 (d) A donor record shall include at least the following: 4 (1) donor information that includes: 5 (A) the donor's name; 6 (B) the donor's unique identifier; 7 (C) the donor's date of birth and date of death; 8 and 9 (D) the name and contact information of the person 10 responsible for a donor's anatomical gift, if 11 applicable; 12 (2) an executed universal consent form that contains 13 the consented to specific use of the non-transplant 14 anatomical material; 15 (3) a secondary specific use consent, if applicable; 16 (4) a document of authorization, which is a legal 17 record of the gift, to take place postmortem, permitting 18 and defining the scope of the postmortem acquisition and 19 use of non-transplant anatomical material for education 20 and research, signed or otherwise recorded by the 21 authorizing person; 22 (5) a document of anatomical gift, which is the 23 donor's legal record of the gift of non-transplant 24 anatomical material permitting and defining the scope of 25 the postmortem acquisition and use of non-transplant 26 anatomical material for education and research; SB0087 - 23 - LRB104 06664 BAB 16700 b 1 (6) an authorization of gift, which must be signed or 2 otherwise recorded by an individual authorized by law to 3 make a gift during the donor's lifetime; 4 (7) the donor's death record; 5 (8) the human remains release form, if applicable; 6 (9) information for a death record, if applicable for 7 transporting human remains into the State; 8 (10) a disposition transit permit, if applicable; 9 (11) a medical examiner's release of information, if 10 applicable; 11 (12) chain of custody record; 12 (13) medical records, including: 13 (A) a donor's physical assessment; 14 (B) a risk assessment questionnaire; 15 (C) pathology and laboratory testing and reports; 16 (D) physician summaries, if applicable; 17 (E) transfusion or infusion information, if 18 applicable; and 19 (F) plasma dilution calculations if applicable; 20 (14) information from the donor referral source; 21 (15) donor eligibility; 22 (16) a donor acceptability assessment; 23 (17) a physical assessment questionnaire; 24 (18) documentation related to distribution; 25 (19) serological results, if applicable; 26 (20) a cremation authorization document; SB0087 - 24 - LRB104 06664 BAB 16700 b 1 (21) documentation related to non-transplant 2 anatomical material recovery, storage, and distribution 3 activities; 4 (22) final disposition documentation, including the 5 chain of custody record; and 6 (23) documentation of the suspected misuse or harm to 7 the donor, if any. 8 (e) A donor's record shall be accessible to: 9 (1) an agent legally authorized to have access, or an 10 individual designated at the time a donor gives consent; 11 (2) an individual appointed by a court or authorized 12 by State law; 13 (3) an individual of a non-transplant anatomical 14 donation organization as identified by policies and 15 procedures; 16 (4) an individual from an approved accrediting body, 17 if applicable; and 18 (5) an individual from the Department or other 19 regulatory agency authorized by State or federal laws or 20 rules adopted by the Department. 21 (f) Except for a donor record that must be maintained for a 22 period of 10 years after final disposition, a non-transplant 23 anatomical donation organization shall maintain documentation 24 required under this Act for at least 3 years after the date of 25 the documentation and shall provide copies of the 26 documentation to the Department for review upon request. SB0087 - 25 - LRB104 06664 BAB 16700 b 1 Section 70. Recordkeeping. 2 (a) A licensee shall compile or maintain a record for each 3 case in which the licensee acquires a human body, human body 4 part, or non-transplant anatomical donation. 5 (b) A record shall contain the following information and 6 any additional information required by the Department: 7 (1) documentation that the donor has knowingly 8 consented to the transfer of the human body or human body 9 part, not for use in transplantation, for education, 10 research, or the advancement of medical, dental, or 11 mortuary science in accordance with all applicable laws 12 pertaining to the final disposition of human remains; 13 (2) documentation that the donor has been informed of 14 the obligation of the licensee as to the proper disposal 15 of the human body or human body part; 16 (3) the date and time of the donation or transfer from 17 the donor; 18 (4) the name of the person, including any trade or 19 business name, who transferred the human body or human 20 body part to the licensee, if applicable; 21 (5) the full name and most recent address of the 22 donor; 23 (6) a description of the human body or human body part 24 being acquired or transferred; 25 (7) the medical history of the donor, including the SB0087 - 26 - LRB104 06664 BAB 16700 b 1 autopsy report if any autopsy was conducted; 2 (8) the identity and address of each person who has 3 been in possession of the human body or human body part 4 prior to the registrant, including any funeral home, 5 coroner, hospital, organ procurement organization, or 6 tissue bank; 7 (9) documentation of the use and final disposition of 8 each human body or human body part by the licensee; 9 (10) documentation of the name and address of each 10 person to whom the licensee transfers the human body or 11 human body part; and 12 (11) the implementation and maintenance of protocols 13 and materials for procedures to properly screen end users. 14 (c) A licensee shall maintain the following records for 10 15 years after the last date of tissue distribution: 16 (1) a copy of recorded consent of the donation 17 authorization; 18 (2) a copy of the donor's death certificate and 19 transit permit issued by the state where the death 20 occurred; 21 (3) a copy of the donor's physical assessment and risk 22 assessment questionnaire; 23 (4) a copy of the donor's serological results, if 24 applicable; and 25 (5) a copy of all documentation relating to tissue 26 recovery, storage, and distribution activities. SB0087 - 27 - LRB104 06664 BAB 16700 b 1 Section 75. Labeling and packaging. 2 (a) A licensee shall ensure that all human bodies and 3 human body parts in the possession of, or transferred by, the 4 licensee are labeled and packaged in accordance with this 5 Section. 6 (b) Unless the Department specifies otherwise by rule, all 7 anatomical material in a licensee's possession shall be 8 affixed with a unique identifier. Each body part, organ, or 9 tissue of the deceased that is separated from the body shall 10 have its own additional identification that corresponds to the 11 unique identifier of the deceased. 12 (c) A licensee shall ensure the unique identifier affixed 13 to the anatomical materials or the packaging of the anatomical 14 materials corresponds to the donor's file, which includes the 15 following information: 16 (1) the proper name of the donor; 17 (2) a description of the contents of the package 18 indicating whether it is a human body or human body parts, 19 including a list of all human body parts; 20 (3) the name, address, and license and registration 21 number of the person transferring the human body or human 22 body part; 23 (4) the tissue types of the human body or human body 24 part; 25 (5) the cause of death of the donor, if applicable and SB0087 - 28 - LRB104 06664 BAB 16700 b 1 known; 2 (6) serological test results, if any results exist; 3 (7) any known infectious disease agents of the human 4 body or human body part; 5 (8) a statement about the use of personal protective 6 equipment and universal precautions when handling a human 7 body or human body part as required by law; and 8 (9) the statement "not for transplantation". 9 (d) Unless the Department specifies otherwise by rule, 10 each human body or human body part under this Section shall be 11 wrapped and packaged in a manner that: 12 (1) mitigates potential contamination and cross 13 contamination; 14 (2) mitigates potential safety hazards; 15 (3) is sealed to prevent leakage; and 16 (4) ensures the integrity of the human body or human 17 body part. 18 (e) The Department shall enforce the unique identifier 19 requirement on all licensees under its jurisdiction that are 20 required to fulfill this requirement. 21 Section 80. Final disposition. A licensee shall ensure the 22 proper final disposition of a human body, human body part, or 23 non-transplant anatomical material, in accordance with 24 applicable federal and State law, by: 25 (1) returning the human body, human body part, SB0087 - 29 - LRB104 06664 BAB 16700 b 1 non-transplant anatomical material, or cremains to the 2 donor's family or responsible authorizing agent of the 3 donor within a time frame designated by the non-transplant 4 anatomical donation organization at the time donation is 5 established; 6 (2) carrying out the final disposition of the human 7 body or human body part as set forth in Section 4 of the 8 Cadaver Act; or 9 (3) if the licensee is releasing the human body or 10 human body part to another institution, contracting with 11 the institution to assume the obligations described in 12 this Act. 13 Section 85. Violations. 14 (a) Any person, entity, officer, or administrator who 15 violates a requirement of this Act shall be guilty of a Class 4 16 felony. 17 (b) The Department may suspend or revoke the license of 18 any licensee found to be in violation of this Act. 19 (c) It is a violation of this Act for any person or entity 20 to alter or falsify any information on a label required under 21 Section 75. 22 Section 90. General responsibilities. 23 (a) A licensee shall provide a copy of a renewed 24 accreditation to the Department within 30 calendar days after SB0087 - 30 - LRB104 06664 BAB 16700 b 1 the date of issuance. 2 (b) A licensee shall ensure that a non-transplant 3 anatomical donation organization facility is in a building 4 that provides a separate and designated area for tissue 5 recovery. 6 (c) A licensee shall ensure policies and procedures are 7 established, documented, and implemented that cover: 8 (1) labeling; 9 (2) packaging, including a packaging insert form that 10 discloses the disease status of tissue to end users; 11 (3) transport; 12 (4) distribution; and 13 (5) final disposition. 14 Section 95. General plant standards; environmental 15 services. A licensee shall ensure that a non-transplant 16 anatomical donation organization: 17 (1) has preparation rooms that: 18 (A) are maintained in a clean and sanitary 19 condition at all times; 20 (B) are only used for examining and preparing a 21 non-transplant anatomical donation; 22 (C) contain equipment, instruments, and supplies 23 necessary for examining and preparing a non-transplant 24 anatomical donation and are disinfected or sterilized, 25 as applicable, after each use to protect the health SB0087 - 31 - LRB104 06664 BAB 16700 b 1 and safety of technicians and personnel members; 2 (D) have sanitary flooring, drainage, and 3 ventilation; 4 (E) have proper and convenient receptacles for 5 refuse, bandages, and all other waste materials; and 6 (F) are thoroughly cleansed and disinfected with a 7 1% solution of chlorinated soda, or other suitable and 8 effective disinfectant, immediately after examining 9 and preparing each non-transplant anatomical material; 10 and 11 (2) has equipment at the non-transplant anatomical 12 donation organization that is: 13 (A) sufficient to support the service; 14 (B) maintained in working condition; 15 (C) maintained in a clean and sanitary condition; 16 (D) used according to the manufacturer's 17 recommendations; 18 (E) if used during an examination or preparation 19 of a non-transplant anatomical donation, cleaned and 20 sanitized after every use; and 21 (F) if applicable, tested and calibrated according 22 to the manufacturer's recommendations or, if there are 23 no manufacturer's recommendations, according to 24 policies and procedures approved by the Department. 25 Section 100. Transportation standards. SB0087 - 32 - LRB104 06664 BAB 16700 b 1 (a) If a non-transplant anatomical donation organization 2 owns and maintains a vehicle for transporting non-transplant 3 anatomical material, an administrator shall ensure that the 4 vehicle is: 5 (1) not used for a purpose other than transporting 6 non-transplant anatomical donations and non-transplant 7 anatomical material or conducting non-transplant 8 anatomical donation organization business; 9 (2) only operated by a procurement organization 10 technician or designated individual authorized to 11 transport non-transplant anatomical donations or 12 non-transplant anatomical material; 13 (3) maintained in clean and sanitary condition; and 14 (4) locked and secured at all times during transport 15 of non-transplant anatomical donations or non-transplant 16 anatomical material. 17 (b) If using a vehicle other than the vehicle described 18 under subsection (a) for transporting a non-transplant 19 anatomical donation or non-transplant anatomical material, an 20 administrator shall ensure that the vehicle: 21 (1) is properly equipped for the transportation of 22 non-transplant anatomical material; 23 (2) is compliant with all State and federal laws and 24 rules pertaining to transporting humans remains; and 25 (3) if transport is by air, complies with applicable 26 standards established by the International Air Transport SB0087 - 33 - LRB104 06664 BAB 16700 b 1 Association and Transportation Security Administration. 2 (c) An administrator shall ensure that non-transplant 3 anatomical donations and non-transplant anatomical material 4 transported into the State have information of death 5 documentation prior to transport. 6 Section 105. End user. 7 (a) A licensee shall establish, document, and implement 8 policies and procedures to properly screen an end user that 9 include: 10 (1) a written request for non-transplant anatomical 11 material, including: 12 (A) the name, address, and affiliation of 13 educators or research institutions accepting 14 responsibility for the acceptance, use, and final 15 disposition of the non-transplant anatomical material; 16 (B) a description of the intended use; 17 (C) the date and the approximate duration of 18 non-transplant anatomical material use; 19 (D) a description of the venue in which the 20 non-transplant anatomical material will be used and 21 the security measures for the safe and ethical 22 utilization of the venue; 23 (E) an assurance that precautions will be used 24 when handling non-transplant anatomical material; 25 (F) the proposed final disposition of the SB0087 - 34 - LRB104 06664 BAB 16700 b 1 non-transplant anatomical material; 2 (G) an agreement to comply with the licensee's 3 policies, if applicable; 4 (H) an outline of proposed materials to be 5 disseminated in connection with the use of 6 non-transplant anatomical material, if applicable; and 7 (I) other supporting documentation that is 8 relevant to the request; and 9 (2) the criteria for approving requested 10 non-transplant anatomical material for use, including: 11 (A) the acceptability of the educator and 12 researcher for non-transplant anatomical material 13 utilization; 14 (B) the appropriateness of the intended use; 15 (C) the type of venue in which the non-transplant 16 anatomical material will be used; a licensee shall 17 determine that a hotel or other building held out to 18 the public to be a place where lodging is offered for 19 consideration to travelers and guests is not a 20 suitable venue for the use of non-transplant 21 anatomical material. 22 (D) the proposed final disposition of the 23 non-transplant anatomical material, unless returned to 24 the non-transplant anatomical donation organization; 25 and 26 (E) proposed research materials. SB0087 - 35 - LRB104 06664 BAB 16700 b 1 (b) A licensee shall establish, document, and implement a 2 procedure that allows end users to request an exceptional 3 release of non-transplant anatomical material. 4 Section 900. The State Finance Act is amended by adding 5 Section 5.1030 as follows: 6 (30 ILCS 105/5.1030 new) 7 Sec. 5.1030. The Public Health Licensing Fund. 8 Section 905. The Vital Records Act is amended by changing 9 Sections 1 and 21.7 as follows: 10 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1) 11 Sec. 1. As used in this Act, unless the context otherwise 12 requires: 13 (1) "Vital records" means records of births, deaths, fetal 14 deaths, marriages, dissolution of marriages, and data related 15 thereto. 16 (2) "System of vital records" includes the registration, 17 collection, preservation, amendment, and certification of 18 vital records, and activities related thereto. 19 (3) "Filing" means the presentation of a certificate, 20 report, or other record provided for in this Act, of a birth, 21 death, fetal death, adoption, marriage, or dissolution of 22 marriage, for registration by the Office of Vital Records. SB0087 - 36 - LRB104 06664 BAB 16700 b 1 (4) "Registration" means the acceptance by the Office of 2 Vital Records and the incorporation in its official records of 3 certificates, reports, or other records provided for in this 4 Act, of births, deaths, fetal deaths, adoptions, marriages, or 5 dissolution of marriages. 6 (5) "Live birth" means the complete expulsion or 7 extraction from its mother of a product of human conception, 8 irrespective of the duration of pregnancy, which after such 9 separation breathes or shows any other evidence of life such 10 as beating of the heart, pulsation of the umbilical cord, or 11 definite movement of voluntary muscles, whether or not the 12 umbilical cord has been cut or the placenta is attached. 13 (6) "Fetal death" means death prior to the complete 14 expulsion or extraction from the uterus of a product of human 15 conception, irrespective of the duration of pregnancy, and 16 which is not due to an abortion as defined in Section 1-10 of 17 the Reproductive Health Act. The death is indicated by the 18 fact that after such separation the fetus does not breathe or 19 show any other evidence of life such as beating of the heart, 20 pulsation of the umbilical cord, or definite movement of 21 voluntary muscles. 22 (7) "Dead body" means a lifeless human body or parts of 23 such body or bones thereof from the state of which it may 24 reasonably be concluded that death has occurred. 25 (8) "Final disposition" means the burial, cremation, or 26 other disposition of a dead human body or fetus or parts SB0087 - 37 - LRB104 06664 BAB 16700 b 1 thereof. 2 (9) "Physician" means a person licensed to practice 3 medicine in Illinois or any other state. 4 (10) "Institution" means any establishment, public or 5 private, which provides in-patient medical, surgical, or 6 diagnostic care or treatment, or nursing, custodial, or 7 domiciliary care to 2 or more unrelated individuals, or to 8 which persons are committed by law. 9 (11) "Department" means the Department of Public Health of 10 the State of Illinois. 11 (12) "Director" means the Director of the Illinois 12 Department of Public Health. 13 (13) "Licensed health care professional" means a person 14 licensed to practice as a physician, advanced practice 15 registered nurse, or physician assistant in Illinois or any 16 other state. 17 (14) "Licensed mental health professional" means a person 18 who is licensed or registered to provide mental health 19 services by the Department of Financial and Professional 20 Regulation or a board of registration duly authorized to 21 register or grant licenses to persons engaged in the practice 22 of providing mental health services in Illinois or any other 23 state. 24 (15) "Intersex condition" means a condition in which a 25 person is born with a reproductive or sexual anatomy or 26 chromosome pattern that does not fit typical definitions of SB0087 - 38 - LRB104 06664 BAB 16700 b 1 male or female. 2 (16) "Homeless person" means an individual who meets the 3 definition of "homeless" under Section 103 of the federal 4 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an 5 individual residing in any of the living situations described 6 in 42 U.S.C. 11434a(2). 7 (17) "Advanced practice registered nurse" means: (i) an 8 advanced practice registered nurse with full practice 9 authority; or (ii) an advanced practice registered nurse with 10 a collaborative agreement with a physician who has delegated 11 the completion of death certificates. 12 (18) "Certifying health care professional" means a 13 physician, physician assistant, or advanced practice 14 registered nurse. 15 (19) "Physician assistant" means a physician assistant who 16 practices in accordance with a written collaborative agreement 17 that includes the completion of death certificates. 18 (20) "Unique identifier" means providing the deceased with 19 individual identification, through tagging, numbering, QR 20 code, or other individualized means, that is affixed to the 21 dead body, the body bag, and any body part, organ, or tissue 22 separated from the deceased to be used in non-transplant 23 anatomical donation in order to prevent misidentification of 24 human remains as described in the Consensual Non-Transplant 25 Donation Regulation Act. 26 (Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22; SB0087 - 39 - LRB104 06664 BAB 16700 b 1 102-844, eff. 1-1-23 .) 2 (410 ILCS 535/21.7) 3 Sec. 21.7. Temporary removal of a dead body. No permit for 4 transportation signed by the local registrar is required prior 5 to transporting a dead human body out of the State of Illinois, 6 at the direction of a federally designated organ procurement 7 organization, for the purpose of organ or tissue donation. The 8 dead human body being transported for the purpose of organ or 9 tissue donation shall be accompanied by a self-issued permit 10 in accordance with rules adopted by the Department of Public 11 Health. The dead human body being transported shall have the 12 deceased's unique identifier affixed to the deceased, the body 13 bag, and any body part, organ, or tissue separated from the 14 deceased to be used in non-transplant anatomical donation. 15 This self-issued permit shall be completed by an 16 Illinois-licensed funeral director and embalmer or 17 Illinois-licensed funeral director and shall serve as 18 notification to the county medical examiner or coroner of the 19 jurisdiction or county in which the death occurred that the 20 dead human body is being transported out of Illinois for a 21 period not to exceed 36 hours. This Section applies only to 22 instances in which the dead human body is to be returned to 23 Illinois prior to disposition. This Section does not affect 24 any rights or responsibilities held by county medical 25 examiners or coroners under the Local Governmental and SB0087 - 40 - LRB104 06664 BAB 16700 b 1 Governmental Employees Tort Immunity Act. The Department of 2 Public Health shall adopt rules to implement this Section. 3 (Source: P.A. 99-262, eff. 1-1-16 .) 4 Section 910. The Illinois Vehicle Code is amended by 5 changing Section 6-117 as follows: 6 (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117) 7 Sec. 6-117. Records to be kept by the Secretary of State. 8 (a) The Secretary of State shall file every application 9 for a license or permit accepted under this Chapter, and shall 10 maintain suitable indexes thereof. The records of the 11 Secretary of State shall indicate the action taken with 12 respect to such applications. 13 (b) The Secretary of State shall maintain appropriate 14 records of all licenses and permits refused, cancelled, 15 disqualified, revoked, or suspended and of the revocation, 16 suspension, and disqualification of driving privileges of 17 persons not licensed under this Chapter, and such records 18 shall note the reasons for such action. 19 (c) The Secretary of State shall maintain appropriate 20 records of convictions reported under this Chapter. Records of 21 conviction may be maintained in a computer processible medium. 22 (d) The Secretary of State may also maintain appropriate 23 records of any crash reports received. 24 (e) The Secretary of State shall also maintain appropriate SB0087 - 41 - LRB104 06664 BAB 16700 b 1 records of any disposition of supervision or records relative 2 to a driver's referral to a driver remedial or rehabilitative 3 program, as required by the Secretary of State or the courts. 4 Such records shall only be available for use by the Secretary, 5 the driver licensing administrator of any other state, law 6 enforcement agencies, the courts, and the affected driver or, 7 upon proper verification, such affected driver's attorney. 8 (f) The Secretary of State shall also maintain or contract 9 to maintain appropriate records of all photographs and 10 signatures obtained in the process of issuing any driver's 11 license, permit, or identification card. The record shall be 12 confidential and shall not be disclosed except to those 13 entities listed under Section 6-110.1 of this Code. 14 (g) The Secretary of State may establish a First Person 15 Consent organ and tissue donor registry in compliance with 16 subsection (b-1) of Section 5-20 of the Illinois Anatomical 17 Gift Act, as follows: 18 (1) The Secretary shall offer, to each applicant for 19 issuance or renewal of a driver's license or 20 identification card who is 16 years of age or older, the 21 opportunity to have his or her name included in the First 22 Person Consent organ and tissue donor registry. The 23 Secretary must advise the applicant or licensee that he or 24 she is under no compulsion to have his or her name included 25 in the registry. An individual who agrees to having his or 26 her name included in the First Person Consent organ and SB0087 - 42 - LRB104 06664 BAB 16700 b 1 tissue donor registry has given full legal consent to the 2 donation of any of his or her organs or tissue upon his or 3 her death. A brochure explaining this method of executing 4 an anatomical gift must be given to each applicant for 5 issuance or renewal of a driver's license or 6 identification card. The brochure must advise the 7 applicant or licensee (i) that he or she is under no 8 compulsion to have his or her name included in this 9 registry and (ii) that he or she may wish to consult with 10 family, friends, or clergy before doing so. 11 (2) The Secretary of State may establish additional 12 methods by which an individual may have his or her name 13 included in the First Person Consent organ and tissue 14 donor registry. 15 (2.5) Not later than 2 years after the effective date 16 of this amendatory Act of the 104th General Assembly, the 17 Secretary of State shall provide each applicant under this 18 Section the universal donor consent form established by 19 the Department of Public Health in Section 50 of the 20 Consensual Non-Transplant Donation Regulation Act. 21 (3) When an individual has agreed to have his or her 22 name included in the First Person Consent organ and tissue 23 donor registry, the Secretary of State shall note that 24 agreement in the First Person consent organ and tissue 25 donor registry. Representatives of federally designated 26 organ procurement agencies and tissue banks and the SB0087 - 43 - LRB104 06664 BAB 16700 b 1 offices of Illinois county coroners and medical examiners 2 may inquire of the Secretary of State whether a potential 3 organ donor's name is included in the First Person Consent 4 organ and tissue donor registry, and the Secretary of 5 State may provide that information to the representative. 6 (4) An individual may withdraw his or her consent to 7 be listed in the First Person Consent organ and tissue 8 donor registry maintained by the Secretary of State by 9 notifying the Secretary of State in writing, or by any 10 other means approved by the Secretary, of the individual's 11 decision to have his or her name removed from the 12 registry. 13 (5) The Secretary of State may undertake additional 14 efforts, including education and awareness activities, to 15 promote organ and tissue donation. 16 (6) In the absence of gross negligence or willful 17 misconduct, the Secretary of State and his or her 18 employees are immune from any civil or criminal liability 19 in connection with an individual's consent to be listed in 20 the organ and tissue donor registry. 21 (Source: P.A. 102-982, eff. 7-1-23 .) 22 Section 915. The Illinois Anatomical Gift Act is amended 23 by changing Sections 1-10, 5-5, 5-12, 5-20, 5-25, 5-27, and 24 5-47 and by adding Section 5-6 as follows: SB0087 - 44 - LRB104 06664 BAB 16700 b 1 (755 ILCS 50/1-10) (was 755 ILCS 50/2) 2 Sec. 1-10. Definitions. In this Act: 3 "Close friend" means any person 18 years of age or older 4 who has exhibited special care and concern for the decedent 5 and who presents an affidavit to the decedent's attending 6 physician, or the hospital administrator or his or her 7 designated representative, stating that he or she (i) was a 8 close friend of the decedent, (ii) is willing and able to 9 authorize the donation, and (iii) maintained such regular 10 contact with the decedent as to be familiar with the 11 decedent's health and social history, and religious and moral 12 beliefs. The affidavit must also state facts and circumstances 13 that demonstrate that familiarity. 14 "Death" means, for the purposes of the Act, when, 15 according to accepted medical standards, there is (i) an 16 irreversible cessation of circulatory and respiratory 17 functions; or (ii) an irreversible cessation of all functions 18 of the entire brain, including the brain stem. 19 "Decedent" means a deceased individual and includes a 20 stillborn infant or fetus. 21 "Disinterested witness" means a witness other than the 22 spouse, child, parent, sibling, grandchild, grandparent, or 23 guardian of the individual who makes, amends, revokes, or 24 refuses to make an anatomical gift, or another adult who 25 exhibited special care and concern for the individual. The 26 term does not include a person to whom an anatomical gift could SB0087 - 45 - LRB104 06664 BAB 16700 b 1 pass under Section 5-12. 2 "Document of gift" means a donor card or other record used 3 to make an anatomical gift. The term includes a donor 4 registry. 5 "Donee" means the individual designated by the donor as 6 the intended recipient or an entity which receives the 7 anatomical gift, including, but not limited to, a hospital; an 8 accredited medical school, dental school, college, or 9 university; an organ procurement organization; an eye bank; a 10 tissue bank; for research or education, a non-transplant 11 anatomic bank; or other appropriate person. 12 "Donor" means an individual whose body or part is the 13 subject of an anatomical gift. 14 "Hospital" means a hospital licensed, accredited or 15 approved under the laws of any state; and includes a hospital 16 operated by the United States government, a state, or a 17 subdivision thereof, although not required to be licensed 18 under state laws. 19 "Non-transplant anatomic bank" means any facility or 20 program operating or providing services in this State that is 21 accredited by the American Association of Tissue Banks and 22 that is involved in procuring, furnishing, or distributing 23 whole bodies or parts for the purpose of medical education. 24 For purposes of this Section, a non-transplant anatomic bank 25 operating under the auspices of a hospital, accredited medical 26 school, dental school, college or university, or federally SB0087 - 46 - LRB104 06664 BAB 16700 b 1 designated organ procurement organization is not required to 2 be accredited by the American Association of Tissue Banks. 3 "Non-transplant anatomical donation organization" means an 4 entity that is licensed under the Consensual Non-Transplant 5 Donation Regulation Act to engage in the recovery, screening, 6 testing, processing, distribution, or storage of human bodies 7 or body parts for purposes of education, research, or the 8 advancement of medical, dental, or mortuary science. 9 "Organ" means a human kidney, liver, heart, lung, 10 pancreas, small bowel, or other transplantable vascular body 11 part as determined by the Organ Procurement and 12 Transplantation Network, as periodically selected by the U.S. 13 Department of Health and Human Services. 14 "Organ procurement organization" means the organ 15 procurement organization designated by the Secretary of the 16 U.S. Department of Health and Human Services for the service 17 area in which a hospital is located, or the organ procurement 18 organization for which the Secretary of the U.S. Department of 19 Health and Human Services has granted the hospital a waiver 20 pursuant to 42 U.S.C. 1320b-8(a). 21 "Part" means organs, tissues, eyes, bones, arteries, 22 blood, other fluids and any other portions of a human body. 23 "Person" means an individual, corporation, government or 24 governmental subdivision or agency, business trust, estate, 25 trust, partnership or association or any other legal entity. 26 "Physician" or "surgeon" means a physician or surgeon SB0087 - 47 - LRB104 06664 BAB 16700 b 1 licensed or authorized to practice medicine in all of its 2 branches under the laws of any state. 3 "Procurement organization" means an organ procurement 4 organization or a tissue bank. 5 "Reasonably available for the giving of consent or 6 refusal" means being able to be contacted by a procurement 7 organization without undue effort and being willing and able 8 to act in a timely manner consistent with existing medical 9 criteria necessary for the making of an anatomical gift. 10 "Recipient" means an individual into whose body a donor's 11 part has been or is intended to be transplanted. 12 "State" includes any state, district, commonwealth, 13 territory, insular possession, and any other area subject to 14 the legislative authority of the United States of America. 15 "Technician" means an individual trained and certified to 16 remove tissue, by a recognized medical training institution in 17 the State of Illinois. 18 "Tissue" means eyes, bones, heart valves, veins, skin, and 19 any other portions of a human body excluding blood, blood 20 products or organs. 21 "Tissue bank" means any facility or program operating in 22 Illinois that is accredited by the American Association of 23 Tissue Banks, the Eye Bank Association of America, or the 24 Association of Organ Procurement Organizations and is involved 25 in procuring, furnishing, donating, or distributing corneas, 26 bones, or other human tissue for the purpose of injecting, SB0087 - 48 - LRB104 06664 BAB 16700 b 1 transfusing, or transplanting any of them into the human body 2 or for the purpose of research or education. "Tissue bank" 3 does not include a licensed blood bank. For the purposes of 4 this Act, "tissue" does not include organs or blood or blood 5 products. 6 (Source: P.A. 98-172, eff. 1-1-14; 98-756, eff. 7-16-14.) 7 (755 ILCS 50/5-5) (was 755 ILCS 50/3) 8 Sec. 5-5. Persons who may execute an anatomical gift. 9 (a) An anatomical gift of a donor's body or part that is to 10 be carried out upon the donor's death may be made during the 11 life of the donor for the purpose of transplantation, therapy, 12 research, or education by: 13 (1) the donor, if the donor is an adult, an 14 emancipated minor, or 16 or 17 years of age and registered 15 in the First Person Consent organ and tissue donor 16 registry under subsection (g) of Section 6-117 of the 17 Illinois Vehicle Code if the First Person Consent was 18 executed prior to 2 years after the effective date of this 19 amendatory Act of the 104th General Assembly ; 20 (1.5) the donor, if the donor is an adult, an 21 emancipated minor, or 16 or 17 years of age and registered 22 in the First Person Consent organ and tissue donor 23 registry under subsection (g) of Section 6-117 of the 24 Illinois Vehicle Code and executed the universal donor 25 consent form in accordance with Section 50 of the SB0087 - 49 - LRB104 06664 BAB 16700 b 1 Consensual Non-Transplant Donation Regulation Act, if the 2 First Person Consent was executed later than 2 years after 3 the effective date of this amendatory Act of the 104th 4 General Assembly; 5 (2) an agent of the donor, unless the power of 6 attorney for health care or other record prohibits the 7 agent from making an anatomical gift; 8 (3) a parent of the donor, if the donor is an 9 unemancipated minor; or 10 (4) the donor's guardian. 11 (b) If no gift has been executed under subsection (a), an 12 anatomical gift of a decedent's body or part for the purpose of 13 transplantation, therapy, research, or education may be made 14 at the time of the decedent's death, or when death is imminent, 15 by a member of the following classes of persons who is 16 reasonably available for the giving of authorization or 17 refusal, in the order of priority listed, when persons in 18 prior classes are not available for the giving of 19 authorization or refusal and in the absence of actual notice 20 of contrary intentions by the decedent: 21 (1) an individual acting as the decedent's agent under 22 a power of attorney for health care; 23 (2) the guardian of the person of the decedent; 24 (3) the spouse or civil union partner of the decedent; 25 (4) an adult child of the decedent; 26 (5) a parent of the decedent; SB0087 - 50 - LRB104 06664 BAB 16700 b 1 (6) an adult sibling of the decedent; 2 (7) an adult grandchild of the decedent; 3 (8) a grandparent of the decedent; 4 (9) a close friend of the decedent; 5 (10) the guardian of the estate of the decedent; and 6 (11) any other person authorized or under legal 7 obligation to dispose of the body. 8 (b-5) If there is more than one member of a class listed in 9 item (2), (4), (5), (6), or (7) of subsection (b) of this 10 Section entitled to make an anatomical gift, an anatomical 11 gift may be made by a member of the class unless that member or 12 a person to which the gift may pass under Section 5-12 knows of 13 an objection by another member of the class. If an objection is 14 known, the gift may be made only by a majority of the members 15 of the class who are reasonably available for the giving of 16 authorization or refusal. 17 (b-10) A person may not make an anatomical gift if, at the 18 time of the decedent's death, a person in a higher priority 19 class under subsection (b) of this Section is reasonably 20 available for the giving of authorization or refusal. 21 (c) A gift of all or part of a body authorizes any blood or 22 tissue test or minimally invasive examination necessary to 23 assure medical acceptability of the gift for the purposes 24 intended. The hospital shall, to the extent possible and in 25 accordance with any agreement with the organ procurement 26 organization , non-transplant anatomical donation SB0087 - 51 - LRB104 06664 BAB 16700 b 1 organization, or tissue bank, take measures necessary to 2 maintain the medical suitability of the part until the 3 procurement organization has had the opportunity to advise the 4 applicable persons as set forth in this Act of the option to 5 make an anatomical gift or has ascertained that the individual 6 expressed a contrary intent and has so informed the hospital. 7 The results of tests and examinations under this subsection 8 shall be used or disclosed only for purposes of evaluating 9 medical suitability for donation, to facilitate the donation 10 process, and as required or permitted by existing law. 11 (d) The rights of the donee created by the gift are 12 paramount to the rights of others except as provided by 13 Section 5-45(d). 14 (e) If no gift has been executed under this Act, then no 15 part of the decedent's body may be used for any purpose 16 specified in this Act. 17 (Source: P.A. 100-41, eff. 1-1-18 .) 18 (755 ILCS 50/5-6 new) 19 Sec. 5-6. Universal donor consent form. Two years after 20 the effective date of this amendatory Act of the 104th General 21 Assembly, the execution of a gift under this Act shall be 22 accompanied by the universal donor consent form provided for 23 in Section 50 of the Consensual Non-Transplant Donation 24 Regulation Act to consent to non-transplant anatomical 25 donation. SB0087 - 52 - LRB104 06664 BAB 16700 b 1 (755 ILCS 50/5-12) 2 Sec. 5-12. Persons who may receive an anatomical gift; 3 purpose of anatomical gift. 4 (a) An anatomical gift may be made to the following 5 persons named in the document of gift: 6 (1) for research or education, a hospital; an 7 accredited medical school, dental school, college, or 8 university; an organ procurement organization; or other 9 appropriate person; 10 (2) subject to subsection (b) of this Section, an 11 individual designated by the person making the anatomical 12 gift if the individual is the recipient of the part; 13 (3) an eye bank or tissue bank; or 14 (4) for research or education, a non-transplant 15 anatomical donation organization licensed by the 16 Department of Public Health anatomic bank . 17 (b) If an anatomical gift to an individual under item (2) 18 of subsection (a) of this Section cannot be transplanted into 19 the individual, the part passes in accordance with subsection 20 (g) of this Section unless there is an express, contrary 21 indication by the person making the anatomical gift or the 22 universal donor consent form provides the contrary indication . 23 (c) If an anatomical gift of one or more specific parts or 24 of all parts is made in a document of gift that does not name a 25 person described in subsection (a) of this Section, but SB0087 - 53 - LRB104 06664 BAB 16700 b 1 identifies the purpose for which an anatomical gift may be 2 used, the following rules apply: 3 (1) If the part is an eye and the gift is for the 4 purpose of transplantation or therapy, the gift passes to 5 the appropriate eye bank. 6 (2) If the part is tissue and the gift is for the 7 purpose of transplantation or therapy, the gift passes to 8 the appropriate tissue bank. 9 (3) If the part is an organ and the gift is for the 10 purpose of transplantation or therapy, the gift passes to 11 the appropriate organ procurement organization as 12 custodian of the organ. 13 (4) If the part is an organ, an eye, or tissue and the 14 gift is for the purpose of research or education, the gift 15 passes to the appropriate non-transplant anatomical 16 donation organization procurement organization . 17 (d) For the purpose of subsection (c) of this Section, if 18 there is more than one purpose of an anatomical gift set forth 19 in the document of gift but the purposes are not set forth in 20 any priority, and if the gift cannot be used for 21 transplantation or therapy, the gift may be used for research 22 or education , provided that the universal donor consent form 23 does not stipulate a purpose to the contrary . 24 (e) If an anatomical gift of one or more specific parts is 25 made in a document of gift that does not name a person 26 described in subsection (a) of this Section and does not SB0087 - 54 - LRB104 06664 BAB 16700 b 1 identify the purpose of the gift, the gift may be used only for 2 transplantation or therapy or research, and the gift passes in 3 accordance with subsection (g) of this Section. 4 (f) If a document of gift specifies only a general intent 5 to make an anatomical gift by words such as "donor", "organ 6 donor", or "body donor", or by a symbol or statement of similar 7 import, the gift may be used only for transplantation or 8 therapy or research, and the gift passes in accordance with 9 subsection (g) of this Section. 10 (g) For purposes of subsections (b), (e), and (f) of this 11 Section, the following rules apply: 12 (1) If the part is an eye, the gift passes to the 13 appropriate eye bank. 14 (2) If the part is tissue, the gift passes to the 15 appropriate tissue bank. 16 (3) If the part is an organ, the gift passes to the 17 appropriate organ procurement organization or 18 non-transplant anatomical donation organization as 19 custodian of the organ. 20 (h) An anatomical gift of an organ for transplantation or 21 therapy, other than an anatomical gift under item (2) of 22 subsection (a) of this Section, passes to the organ 23 procurement organization as custodian of the organ. 24 (i) If an anatomical gift does not pass under this Section 25 or the decedent's body or part is not used for 26 transplantation, therapy, research, or education, custody of SB0087 - 55 - LRB104 06664 BAB 16700 b 1 the body or part passes to the person under obligation to 2 dispose of the body or part. 3 (j) A person may not accept an anatomical gift if the 4 person knows that the gift was not effectively made under 5 Section 5-5 or subsection (e) or (e-5) of Section 5-20 or if 6 the person knows that the decedent made a refusal under 7 Section 5-43 that was not revoked. 8 (k) Except as otherwise provided in item (2) of subsection 9 (a) of this Section, nothing in this Act affects the 10 allocation of organs for transplantation or therapy. 11 (Source: P.A. 98-172, eff. 1-1-14.) 12 (755 ILCS 50/5-20) (was 755 ILCS 50/5) 13 Sec. 5-20. Manner of executing anatomical gifts. 14 (a) A donor may make an anatomical gift: 15 (1) by authorizing a statement or symbol indicating 16 that the donor has made an anatomical gift to be imprinted 17 on the donor's driver's license or identification card; 18 (2) in a will; 19 (3) during a terminal illness or injury of the donor, 20 by any form of communication addressed to at least 2 21 adults, at least one of whom is a disinterested witness; 22 or 23 (4) as provided in subsection (b) and (b-1) of this 24 Section. 25 (b) A donor or other person authorized to make an SB0087 - 56 - LRB104 06664 BAB 16700 b 1 anatomical gift under subsection (a) of Section 5-5 may make a 2 gift by a donor card or other record signed by the donor or 3 other person making the gift or by authorizing that a 4 statement or symbol indicating that the donor has made an 5 anatomical gift be included on a donor registry. If the donor 6 or other person is physically unable to sign a record, the 7 record may be signed by another individual at the direction of 8 the donor or other person and must: 9 (1) be witnessed by at least 2 adults, at least one of 10 whom is a disinterested witness, who have signed at the 11 request of the donor or the other person; and 12 (2) state that it has been signed and witnessed as 13 provided in paragraph (1) of this subsection (b). 14 (b-1) A gift under Section 5-5 (a) may also be made by an 15 individual consenting to have his or her name included in the 16 First Person Consent organ and tissue donor registry 17 maintained by the Secretary of State under Section 6-117 of 18 the Illinois Vehicle Code. An individual's consent to have his 19 or her name included in the First Person Consent organ and 20 tissue donor registry constitutes full legal authority for the 21 donation of any of his or her organs or tissue for purposes of 22 transplantation, therapy, or research. Consenting to be 23 included in the First Person Consent organ and tissue donor 24 registry is effective without regard to the presence or 25 signature of witnesses. 26 (b-5) Revocation, suspension, expiration, or cancellation SB0087 - 57 - LRB104 06664 BAB 16700 b 1 of a driver's license or identification card upon which an 2 anatomical gift is indicated does not invalidate the gift. 3 (b-7) Not later than 2 years after the effective date of 4 this amendatory Act of the 104th General Assembly, the 5 Secretary of State shall provide all donors with the universal 6 donor consent form in accordance with Section 6-117 of the 7 Illinois Vehicle Code. 8 (b-10) An anatomical gift made by will takes effect upon 9 the donor's death whether or not the will is probated. 10 Invalidation of the will after the donor's death does not 11 invalidate the gift. 12 (c) The anatomical gift may be made to a specified donee or 13 without specifying a donee. If the gift is made to a specified 14 donee who is not available at the time and place of death, then 15 if made for the purpose of transplantation, it shall be 16 effectuated in accordance with Section 5-25. 17 (d) The donee or other person authorized to accept the 18 gift pursuant to Section 5-12 may employ or authorize any 19 qualified technician, surgeon, or physician to perform the 20 recovery. 21 (e) A person authorized to make an anatomical gift under 22 subsection (b) of Section 5-5 may make an anatomical gift by a 23 document of gift signed by the person making the gift or by 24 that person's oral communication that is electronically 25 recorded or is contemporaneously reduced to a record and 26 signed by the individual receiving the oral communication. SB0087 - 58 - LRB104 06664 BAB 16700 b 1 (e-5) An anatomical gift by a person authorized under 2 subsection (b) of Section 5-5 may be amended or revoked orally 3 or in a record by a member of a prior class who is reasonably 4 available for the giving of authorization or refusal. If more 5 than one member of the prior class is reasonably available for 6 the giving of authorization or refusal, the gift made by a 7 person authorized under subsection (b) of Section 5-5 may be: 8 (1) amended only if a majority of the class members 9 reasonably available for the giving of authorization or 10 refusal agree to the amending of the gift; or 11 (2) revoked only if a majority of the class members 12 reasonably available for the giving of authorization or 13 refusal agree to the revoking of the gift or if they are 14 equally divided as to whether to revoke the gift. 15 (e-10) A revocation under subsection (e-5) is effective 16 only if, before an incision has been made to remove a part from 17 the donor's body or before invasive procedures have been 18 commenced to prepare the recipient, the procurement 19 organization, non-transplant anatomic bank, transplant 20 hospital, or physician or technician knows of the revocation. 21 (f) When there is a suitable candidate for organ donation 22 and a donation or consent to donate has not yet been given, 23 procedures to preserve the decedent's body for possible organ 24 and tissue donation may be implemented under the authorization 25 of the applicable organ procurement organization, at its own 26 expense, prior to making a donation request pursuant to SB0087 - 59 - LRB104 06664 BAB 16700 b 1 Section 5-25. If the organ procurement organization does not 2 locate a person authorized to consent to donation or consent 3 to donation is denied, then procedures to preserve the 4 decedent's body shall be ceased and no donation shall be made. 5 The organ procurement organization shall respect the religious 6 tenets of the decedent, if known, such as a pause after death, 7 before initiating preservation services. Nothing in this 8 Section shall be construed to authorize interference with the 9 coroner in carrying out an investigation or autopsy. 10 (Source: P.A. 100-41, eff. 1-1-18 .) 11 (755 ILCS 50/5-25) 12 Sec. 5-25. Notification; authorization. 13 (a) Each hospital in this State shall enter into 14 agreements or affiliations with procurement organizations for 15 coordination of procurement and use of anatomical gifts. 16 Within 2 years after the effective date of this amendatory 17 Act, each hospital in the State shall enter into agreements or 18 affiliations with non-transplant anatomical donation 19 organizations licensed by the Department of Public Health for 20 the purposes of coordinating non-transplant anatomical 21 donations. 22 (b) Hospitals shall proceed in accordance with the 23 applicable requirements of 42 CFR 482.45 or any successor 24 provisions of federal statute or regulation, as may be amended 25 from time to time, with regard to collaboration with SB0087 - 60 - LRB104 06664 BAB 16700 b 1 procurement organizations to facilitate organ, tissue, and eye 2 donation. 3 In making a request for organ or tissue donation, the 4 hospital or the hospital's federally designated organ 5 procurement organization or tissue bank shall request any of 6 the persons, in the order of priority stated in items (1) 7 through (11) below, when persons in prior classes are not 8 available and in the absence of (i) actual notice of contrary 9 intentions by the decedent, (ii) actual notice of opposition 10 by any member within the same priority class, and (iii) reason 11 to believe that an anatomical gift is contrary to the 12 decedent's religious beliefs, to authorize the gift of all or 13 any part of the decedent's body for any purpose specified in 14 Section 5-12: 15 (1) an individual acting as the decedent's agent under 16 a power of attorney for health care; 17 (2) the guardian of the person of the decedent; 18 (3) the spouse or civil union partner of the decedent; 19 (4) an adult child of the decedent; 20 (5) a parent of the decedent; 21 (6) an adult sibling of the decedent; 22 (7) an adult grandchild of the decedent; 23 (8) a grandparent of the decedent; 24 (9) a close friend of the decedent; 25 (10) the guardian of the estate of the decedent; and 26 (11) any other person authorized or under legal SB0087 - 61 - LRB104 06664 BAB 16700 b 1 obligation to dispose of the body. 2 (c) (Blank). 3 (d) (Blank). 4 (Source: P.A. 98-172, eff. 1-1-14.) 5 (755 ILCS 50/5-27) (was 755 ILCS 60/3.5) 6 Sec. 5-27. Notification of patient; family rights and 7 options after circulatory death. 8 (a) In this Section, "donation after circulatory death" 9 means the donation of organs from a patient whose death is 10 declared based upon cardiopulmonary, and not neurological, 11 criteria, following the implementation of the decision to 12 withdraw life support. 13 (b) If (i) a potential organ donor, or an individual given 14 authority under subsection (b) of Section 5-25 to consent to 15 an organ donation, expresses an interest in organ donation, 16 (ii) there has not been a certification of brain death for the 17 potential donor, and (iii) the potential donor is a patient at 18 a hospital that does not allow donation after circulatory 19 death, then the organ procurement organization shall inform 20 the patient or the individual given authority to consent to 21 organ donation that the hospital does not allow donation after 22 circulatory death. 23 (c) In addition to providing oral notification, the organ 24 procurement organization shall develop a written form that 25 indicates to the patient or the individual given authority to SB0087 - 62 - LRB104 06664 BAB 16700 b 1 consent to organ donation, at a minimum, the following 2 information: 3 (1) That the patient or the individual given authority 4 to consent to organ donation has received literature and 5 has been counseled by (representative's name) of the 6 (organ procurement organization name). 7 (2) That all organ donation options have been 8 explained to the patient or the individual given authority 9 to consent to organ donation, including the option of 10 donation after circulatory death. 11 (3) That the patient or the individual given authority 12 to consent to organ donation is aware that the hospital 13 where the potential donor is a patient does not allow 14 donation after circulatory death. 15 (4) That the patient or the individual given authority 16 to consent to organ donation has been informed of the 17 right to request a patient transfer to a facility allowing 18 donation after circulatory death. 19 (5) That the patient or the individual given authority 20 to consent to organ donation has been informed of another 21 hospital that will allow donation after circulatory death 22 and will accept a patient transfer for the purpose of 23 donation after circulatory death; and that the cost of 24 transferring the patient to that other hospital will be 25 covered by the organ procurement organization, with no 26 additional cost to the patient or the individual given SB0087 - 63 - LRB104 06664 BAB 16700 b 1 authority to consent to organ donation. 2 The form required under this subsection must include a 3 place for the signatures of the patient or the individual 4 given authority to consent to organ donation and the 5 representative of the organ procurement organization and space 6 to provide the date that the form was signed. 7 (d) Within 2 years after the effective date of this 8 amendatory Act of the 104th General Assembly, if the potential 9 donor's gift is for the purpose of research or education, the 10 patient or the individual given authority to consent to organ 11 donation shall be provided the universal donor consent form. 12 (Source: P.A. 98-172, eff. 1-1-14.) 13 (755 ILCS 50/5-47) 14 Sec. 5-47. Rights and duties of procurement organizations 15 and others. 16 (a) When a hospital refers an individual at or near death 17 to a procurement organization, the organization shall make a 18 reasonable search of the records of the Secretary of State and 19 any donor registry that it knows exists for the geographical 20 area in which the individual resides to ascertain whether the 21 individual has made an anatomical gift. 22 (b) A procurement organization shall be allowed reasonable 23 access to information in the records of the Secretary of State 24 to ascertain whether an individual at or near death is a donor. 25 If the individual is a donor who is an unemancipated minor, the SB0087 - 64 - LRB104 06664 BAB 16700 b 1 procurement organization shall conduct a reasonable search for 2 a parent or guardian of the donor and shall provide the parent 3 or guardian with an opportunity to amend or revoke the 4 anatomical gift of the donor's body. 5 (c) Unless prohibited by law other than this Act, at any 6 time after a donor's death, the person to which a part passes 7 under Section 5-12 may conduct any reasonable examination 8 necessary to ensure the medical suitability of the body or 9 part for its intended purpose. 10 (d) Unless prohibited by law other than this Act, an 11 examination under subsection (c) may include an examination of 12 all medical and dental records of the donor or prospective 13 donor. 14 (e) Upon referral by a hospital under subsection (a) of 15 this Section, a procurement organization shall make a 16 reasonable search for any person listed in subsection (b) of 17 Section 5-5 having priority to make an anatomical gift on 18 behalf of a prospective donor. If a procurement organization 19 receives information that an anatomical gift to any other 20 person was made, amended, or revoked, it shall promptly advise 21 the other person of all relevant information. 22 (f) Subject to subsection (i) of Section 5-12, the rights 23 of the person to which a part passes under Section 5-12 are 24 superior to the rights of all others with respect to the part. 25 The person may accept or reject an anatomical gift in whole or 26 in part. Subject to the terms of the document of gift and this SB0087 - 65 - LRB104 06664 BAB 16700 b 1 Act, a person who accepts an anatomical gift of an entire body 2 may allow embalming, burial or cremation, and use of remains 3 in a funeral service. If the gift is of a part, the person to 4 which the part passes under Section 5-12, upon the death of the 5 donor and before embalming, burial, or cremation, shall cause 6 the part to be removed without unnecessary mutilation. 7 (g) Neither the physician who attends the decedent at 8 death nor the physician who determines the time of the 9 decedent's death may participate in the procedures for 10 removing or transplanting a part from the decedent. 11 (h) A physician or technician may remove a donated part 12 from the body of a donor that the physician or technician is 13 qualified to remove. 14 (i) Not later than July 1, 2020, the Secretary of State 15 shall create a database consisting of all individuals who have 16 consented to having their names included in the First Person 17 Consent organ and tissue donor registry maintained by the 18 Secretary of State pursuant to Section 6-117 of the Illinois 19 Vehicle Code. This database shall include identifying 20 information for each individual, including, where available, 21 the individual's name, address, gender, date of birth, 22 driver's license or identification card number, social 23 security number only if the donor does not have a driver's 24 license or identification card number, and date of consent to 25 join the registry. The Secretary of State shall update the 26 database not less often than every 7 days. Upon executing a SB0087 - 66 - LRB104 06664 BAB 16700 b 1 data access agreement with the Secretary of State, an organ 2 procurement organization, as defined in this Act, providing 3 services in the State of Illinois shall be granted online 4 access to the database for the purpose of determining whether 5 a potential organ and tissue donor is included in the First 6 Person Consent organ and tissue donor registry. 7 (j) Not later than 2 years after the effective date of this 8 amendatory Act of the 104th General Assembly, the Department 9 of Public Health shall create a database consisting of all 10 universal donor consent forms. 11 The organ procurement organization shall indemnify and 12 hold harmless the State of Illinois, its officials, and 13 employees for any judgments, assessments, damages, fines, 14 fees, and legal costs arising out of the acts, omissions, 15 decisions, or other conduct of the organ procurement 16 organization and its officials, employees, and agents in the 17 use of the database. 18 (Source: P.A. 100-41, eff. 1-1-18; 101-179, eff. 1-1-20 .) 19 Section 999. Effective date. This Act takes effect upon 20 becoming law. SB0087 - 67 - LRB104 06664 BAB 16700 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 30 ILCS 105/5.1030 new 5 410 ILCS 535/1 from Ch. 111 1/2, par. 73-1 6 410 ILCS 535/21.7 7 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 8 755 ILCS 50/1-10 was 755 ILCS 50/2 9 755 ILCS 50/5-5 was 755 ILCS 50/3 10 755 ILCS 50/5-6 new 11 755 ILCS 50/5-12 12 755 ILCS 50/5-20 was 755 ILCS 50/5 13 755 ILCS 50/5-25 14 755 ILCS 50/5-27 was 755 ILCS 60/3.5 15 755 ILCS 50/5-47 Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn