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Proposed SB3613 creates “Presumed Consent” for Organ Donation

 Illinois Senator Dale Risinger has introduced a bill that would reverse the current approach to organ donation.  SB3613 would amend the Illinois Anatomical Gift Act to provide that each competent resident of Illinois over age 18 would be presumed, by operation of law… “to have given all of his or her body for any for organ donation purposes”… without the need for consent of any survivor.  Under current practices, an Illinois resident can exhibit his or her consent for organ donation a number of ways: (a) by joining the Illinois First-Person Consent Organ/Tissue Donor Registry ( or 1-800-210-2106) maintained by the Illinois Secretary of State, (b) by so indicating on a valid Illinois Durable Power of Attorney for Health Care form; (c) by otherwise affirmatively complying with the Illinois Anatomical Gift Act.  If the resident has not indicated his or her consent or disagreement regarding organ donation, organ donation could still occur with family consent.  Under the proposed bill, an individual would have to affirmatively opt out of the statutory presumed consent for organ donation.  SB 3613, if passed, would be effective on or after July 1, 2012.  To check on the bill’s status, go to

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