Illinois Modernizes Anatomical Gift Law

Beginning January 1, 2006, it will be easier for Illinois citizens to make anatomical gifts because of modernizing amendments to its version of the Uniform Anatomical Gift Act which remove the requirement that a donor card be witnessed.  2005 Ill. Legis. Serv. P.A. 94-75.

Below are excerpts from the discussion of this legislation prepared by the Illinois Hospital Association.

While Illinois has the largest registry of potential organ and tissue donors in the nation, existing law only allows individuals to register their intent to be an organ/tissue donor with the Secretary of State. Most of the 6 million registered did so by indicating their desire on their driver’s license or state identification cards through the state donor registry. However, this action did not constitute legal consent for organ/tissue donation. The Illinois Uniform Anatomical Gift Act required a signed donor card or document legally signed by two witnesses before donation could occur. Yet, seldom in everyday circumstance was there a legally signed and properly witnessed card available at the time of a potential donation. In most instances, actual donation required obtaining the consent of surviving relatives or one’s guardian before the removal of any organ or tissues. Therefore, the donor’s next-of–kin had the final say and effectively could veto the donor’s desire to donate. Consequently, approximately 19% of potential donors that enrolled as a “yes” in the Illinois registry each year have had their intent overruled by family members. Many of those were prompted by the survivor’s inability to contend with any additional decision-making at a very stressful, grief-stricken time.

Under a first person consent statute, an individual gives complete and valid legal consent to be an organ/tissue donor at the time each agrees to have their name added to the organ/donor registry. The rationale behind first person consent mirrors similar reasoning supporting advance directives – the desire for one’s personal end-of-life choices to be legally and appropriately honored.