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Illinois Anatomical Gift Act - 755 ILCS 50, Section 5-30Legal Research Home > Illinois Lawyer > Illinois Anatomical Gift Act > Illinois Anatomical Gift Act - 755 ILCS 50, Section 5-30 Corneal Transplants. (a) Upon request by a physician licensed to practice medicine in all its branches, or by an eye bank certified by the Eye Bank Association of America, and approved by the coroner or county medical examiner, in any case in which a patient is in need of corneal tissue for a transplant, a coroner or county medical examiner who orders the performance of an autopsy may provide corneal tissue of a decedent whenever all of the following conditions are met: (1) The decedent from whom the tissue is taken is under the jurisdiction of the coroner or county medical examiner. (2) There has been a reasonable and good faith effort by the coroner or county medical examiner or any authorized individual acting for the coroner or county medical examiner to contact an appropriate person as set forth in subsection (b) of this Section. (3) No objection by the decedent or, after the decedent's death, by an appropriate person as set forth in subsection (b) of this Section is known to the coroner or county medical examiner or authorized individual acting for the coroner or county medical examiner prior to removal of the corneal tissue. (4) The person designated to remove the tissue is qualified to do so under this Act. (5) Removal of the tissue will not interfere with the subsequent course of an investigation or autopsy. (6) The individual when living did not make known in writing his or her objection on religious grounds to the removal of his or her corneal tissue. (b) Objection to the removal of corneal tissue may be made known to the coroner or county medical examiner or authorized individual acting for the coroner or county medical examiner by the individual during his or her lifetime or by the following persons, in the order of priority stated, after the decedent's death: (1) an individual acting as the decedent's agent under a power of attorney for health care; (2) the decedent's surrogate decision maker identified by the attending physician in accordance with the Health Care Surrogate Act; (3) the guardian of the decedent's person at the time of death; (4) the decedent's spouse; (5) any of the decedent's adult sons or daughters; (6) either of the decedent's parents; (7) any of the decedent's adult brothers or sisters; (8) any adult grandchild of the decedent; (9) a close friend of the decedent; (10) the guardian of the decedent's estate; or (11) any other person authorized or under legal obligation to dispose of the body. (c) If the coroner or county medical examiner or any authorized individual acting for the coroner or county medical examiner has actual notice of any contrary indications by the decedent or actual notice that any member within the same class specified in subsection (b), paragraphs (1) through (11), of this Section, in the same order of priority, objects to the removal, the coroner or county medical examiner shall not approve the removal of corneal tissue. (d) The coroner or county medical examiner or any authorized individual acting for the coroner or county medical examiner authorizing the removal of corneal tissue, or the persons or organizations listed in subsection (a) of this Section, shall not be liable in any civil or criminal action for removing corneal tissue from a decedent and using the same for transplant purposes if there has been compliance with the provisions of this Section. (Source: P.A. 93-794, eff. 7-22-04.) Illinois Lawyers
Last modified: April 9, 2006 |