SB 3613

Abstract

Amends the Illinois Anatomical Gift Act. Provides that, on and after July 1, 2012, each resident of Illinois who is of sound mind and who has attained the age of 18 years is presumed, by operation of law, to have given all of his or her body for any organ donation purposes. Allows an individual to opt out of the presumed donation by executing an anatomical gift as otherwise provided in the Act or by filing with the Secretary of State an organ donor opt out document. An individual who has filed such a document shall be included in an Organ Donor Opt Out Registry maintained by the Secretary of State. Requires representatives of federally designated organ procurement agencies and tissue banks and the offices of Illinois county coroners and medical examiners to inquire of the Secretary of State whether a potential organ donor's name is included in the Organ Donor Opt Out Registry and, if not, whether the name is included on the First Person Consent organ and tissue donor registry. Allows an individual to withdraw his or her opt out by notifying the Secretary of State in writing. Provides that in the absence of gross negligence or willful misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with the Organ Donor Opt Out Registry.