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Public Act 102-0257 Public Act 0257 102ND GENERAL ASSEMBLY |
Public Act 102-0257 | HB0214 Enrolled | LRB102 04082 CPF 14098 b |
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| AN ACT concerning health.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Vital Records Act is amended by changing | Sections 1, 18, 20, and 21 as follows:
| (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
| Sec. 1. As used in this Act, unless the context otherwise | requires:
| (1) "Vital records" means records of births, deaths, fetal | deaths,
marriages, dissolution of marriages, and data related | thereto.
| (2) "System of vital records" includes the registration, | collection,
preservation, amendment, and certification of | vital records, and
activities related thereto.
| (3) "Filing" means the presentation of a certificate, | report, or
other record provided for in this Act, of a birth, | death, fetal death,
adoption, marriage, or dissolution of | marriage, for registration by the Office of Vital
Records.
| (4) "Registration" means the acceptance by the Office of | Vital
Records and the incorporation in its official records of | certificates,
reports, or other records provided for in this | Act, of births, deaths,
fetal deaths, adoptions, marriages, or | dissolution of marriages.
|
| (5) "Live birth" means the complete expulsion or | extraction from its
mother of a product of human conception, | irrespective of the duration of
pregnancy, which after such | separation breathes or shows any other
evidence of life such | as beating of the heart, pulsation of the
umbilical cord, or | definite movement of voluntary muscles, whether or
not the | umbilical cord has been cut or the placenta is attached.
| (6) "Fetal death" means death prior to the complete | expulsion or
extraction from the uterus of a product of human | conception,
irrespective of the duration of pregnancy, and | which is not due to an abortion as defined in Section 1-10 of | the Reproductive Health Act. The death is indicated by the
| fact that after such separation the fetus does not breathe or | show any
other evidence of life such as beating of the heart, | pulsation of the
umbilical cord, or definite movement of | voluntary muscles.
| (7) "Dead body" means a lifeless human body or parts of | such body or
bones thereof from the state of which it may | reasonably be concluded
that death has occurred.
| (8) "Final disposition" means the burial, cremation, or | other
disposition of a dead human body or fetus or parts | thereof.
| (9) "Physician" means a person licensed to practice | medicine in
Illinois or any other state.
| (10) "Institution" means any establishment, public or | private, which
provides in-patient medical, surgical, or |
| diagnostic care or treatment,
or nursing, custodial, or | domiciliary care to 2 or more unrelated
individuals, or to | which persons are committed by law.
| (11) "Department" means the Department of Public Health of | the State
of Illinois.
| (12) "Director" means the Director of the Illinois | Department of
Public Health.
| (13) "Licensed health care professional" means a person | licensed to practice as a physician, advanced practice | registered nurse, or physician assistant in Illinois or any | other state. | (14) "Licensed mental health professional" means a person | who is licensed or registered to provide mental health | services by the Department of Financial and Professional | Regulation or a board of registration duly authorized to | register or grant licenses to persons engaged in the practice | of providing mental health services in Illinois or any other | state. | (15) "Intersex condition" means a condition in which a | person is born with a reproductive or sexual anatomy or | chromosome pattern that does not fit typical definitions of | male or female. | (16) "Homeless person" means an individual who meets the | definition of "homeless" under Section 103 of the federal | McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an | individual residing in any of the living situations described |
| in 42 U.S.C. 11434a(2). | (17) "Advanced practice registered nurse" means: (i) an | advanced practice registered nurse with full practice | authority; or (ii) an advanced practice registered nurse with | a collaborative agreement with a physician who has delegated | the completion of death certificates. | (18) "Certifying health care professional" means a | physician or advanced practice registered nurse. | (Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18; | 100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)
| (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
| Sec. 18. (1) Each death which occurs in this State shall be | registered
by filing a death certificate with the local | registrar
of the district in which the death occurred or the | body was found, within
7 days after such death (within 5 days | if the death occurs prior to
January 1, 1989) and prior to | cremation or removal of the body from
the State, except when | death is subject to investigation by the coroner or
medical | examiner.
| (a) For the purposes of this Section, if the place of | death is unknown,
a death certificate shall be filed in | the registration district in which
a dead body is found, | which shall be considered the place of death.
| (b) When a death occurs on a moving conveyance, the | place where the body
is first removed from the conveyance |
| shall be considered the place of death
and a death | certificate shall be filed in the registration district in
| which such place is located.
| (c) The funeral director who first assumes
custody of | a dead body shall be responsible for filing a completed | death
certificate. He or she shall obtain the personal | data from the next
of kin or the best qualified person or | source available; he or she shall enter
on the certificate | the name, relationship,
and address of the his informant; | he or she shall enter the date, place, and method
of final | disposition; he or she shall affix his or her own | signature and enter his or her address;
and shall present | the certificate to the person responsible for completing
| the medical certification of cause of death. The person | responsible for completing
the medical certification of | cause of death must note the presence of | methicillin-resistant staphylococcus aureus, clostridium | difficile, or vancomycin-resistant enterococci if it is a | contributing factor to or the cause of death. Additional | multi-drug resistant organisms (MDROs) may be added to | this list by the Department by rule.
| (2) The medical certification shall be completed and | signed within 48
hours after death by the certifying health | care professional who, within 12 months prior to the date of | the patient's death, was treating or managing treatment | physician in charge of the patient's care for the
illness or |
| condition which resulted in death, except when death is | subject
to the coroner's or medical examiner's investigation. | In the absence of
the certifying health care professional | physician or with his or her approval, the medical certificate | may be
completed and signed by his or her associate physician | or advanced practice registered nurse , the chief medical | officer
of the institution in which death occurred , or by the | physician who
performed an autopsy upon the decedent.
| (3) When a death occurs without medical attendance, or | when it is otherwise
subject to the coroner's or medical | examiner's investigation, the coroner
or medical examiner | shall be responsible for the completion of a coroner's
or | medical examiner's certificate of death and shall sign the | medical
certification within 48 hours after death, except as | provided by regulation
in special problem cases. If the | decedent was under the age of 18 years at the time of his or | her death, and the death was due to injuries suffered as a | result of a motor vehicle backing over a child, or if the death | occurred due to the power window of a motor vehicle, the | coroner or medical examiner must send a copy of the medical | certification, with information documenting that the death was | due to a vehicle backing over the child or that the death was | caused by a power window of a vehicle, to the Department of | Children and Family Services. The Department of Children and | Family Services shall (i) collect this information for use by | Child Death Review Teams and (ii) compile and maintain this |
| information as part of its Annual Child Death Review Team | Report to the General Assembly.
| (3.5) The medical certification of cause of death shall | expressly provide
an
opportunity for the person completing the
| certification to indicate that the death was caused in whole | or in part by a
dementia-related disease, Parkinson's Disease, | or Parkinson-Dementia Complex.
| (4) When the deceased was a veteran of any war of the | United States, the
funeral director shall prepare a | "Certificate of Burial of U. S. War Veteran",
as prescribed | and furnished by the Illinois Department of Veterans' Affairs,
| and submit such certificate to the Illinois Department of | Veterans' Affairs
monthly.
| (5) When a death is presumed to have occurred in this State | but the
body cannot be located, a death certificate may be | prepared by the State
Registrar upon receipt of an order of a | court of competent jurisdiction
which includes the finding of | facts required to complete the death
certificate. Such death | certificate shall be marked "Presumptive" and shall
show on | its face the date of the registration and shall identify the | court
and the date of the judgment.
| (Source: P.A. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)
| (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
| Sec. 20. Fetal death; place of registration.
| (1) Each fetal death which occurs in this State after a |
| gestation
period of 20 completed weeks (and when the mother | elects in writing to
arrange for the burial or cremation of the | fetus under Section 11.4 of the
Hospital Licensing Act) or | more shall be registered with the local or
subregistrar of the | district in which the delivery occurred within 7 days
after | the delivery and before removal of the fetus from the State,
| except as provided by regulation in special problem cases.
| (a) For the purposes of this Section, if the place of | fetal death
is unknown, a fetal death certificate shall be | filed in the registration
district in which a dead fetus | is found, which shall be considered the
place of fetal | death.
| (b) When a fetal death occurs on a moving conveyance, | the city, village,
township, or road district in which the | fetus is first removed from the
conveyance shall be | considered the place of delivery and a fetal death
| certificate shall be filed in the registration district in | which the place
is located.
| (c) The funeral director or person acting as such who | first assumes
custody of a fetus shall file the | certificate. The personal data shall be
obtained from the | best qualified person or source available. The name,
| relationship, and address of the informant shall be | entered on
the certificate. The date, place, and method of | final disposition of the
fetus shall be recorded over the | personal signature and address of the
funeral director |
| responsible for the disposition. The certificate shall be
| presented to the person responsible for completing the | medical
certification of the cause of death.
| (2) The medical certification shall be completed and | signed within 24
hours after delivery by the certifying health | care professional physician in attendance at or after | delivery,
except when investigation is required under Division | 3-3 of Article 3 of the
Counties Code and except as provided by | regulation in special
problem cases.
| (3) When a fetal death occurs without medical attendance | upon the mother
at or after the delivery, or when | investigation is required under Division
3-3 of Article 3 of | the Counties Code, the coroner shall be responsible for
the | completion of the fetal death certificate and shall sign the | medical
certification within 24 hours after the delivery or | the finding of the
fetus, except as provided by regulation in | special problem cases.
| (Source: P.A. 92-348, eff. 1-1-02.)
| (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
| Sec. 21.
(1) The funeral director or person acting as such | who first
assumes custody of a dead body or fetus shall make a | written report to the
registrar of the district in which death | occurred or in which the body or
fetus was found within 24 | hours after taking custody of the body or fetus
on a form | prescribed and furnished by the State Registrar and in |
| accordance
with the rules promulgated by the State Registrar. | Except as specified in
paragraph (2) of this Section, the | written report shall serve as a permit
to transport, bury , or | entomb the body or fetus within this State, provided
that the | funeral director or person acting as such shall certify that | the certifying health care professional who, within 12 months | prior to the date of the patient's death, was treating or | managing treatment physician in charge of the patient's care | for the illness or condition
which resulted in death has been | contacted and has affirmatively stated
that he or she will | sign the medical certificate of death or the fetal death
| certificate. If a funeral director
fails to file written
| reports under this Section in a timely manner, the local | registrar
may suspend the funeral director's privilege of | filing written
reports by mail.
In a county with a population | greater than 3,000,000, if a funeral director
or person acting | as such inters or entombs a dead body
without having | previously certified that the certifying health care | professional who, within 12 months prior to the date of the | patient's death, was treating or managing treatment physician | in charge of the
patient's care for the illness or condition | that resulted in death has been
contacted and has | affirmatively stated that he or she will sign the medical
| certificate of death,
then that funeral
director or person | acting as such
is responsible for payment of the specific | costs incurred by the county
medical examiner in
disinterring |
| and reinterring or reentombing
the dead body.
| (2) The written report as specified in paragraph (1) of | this Section shall
not serve as a permit to:
| (a) Remove body or fetus from this State;
| (b) Cremate the body or fetus; or
| (c) Make disposal of any body or fetus in any manner | when death is subject
to the coroner's or medical | examiner's investigation.
| (3) In accordance with the provisions of paragraph (2) of | this Section
the funeral director or person acting as such who | first assumes custody
of a dead body or fetus shall obtain a | permit for disposition of such
dead human body prior to final | disposition or removal from the State of the
body or fetus. | Such permit shall be issued by the registrar of the
district | where death occurred or the body or fetus was found. No such
| permit shall be issued until a properly completed certificate | of death has
been filed with the registrar. The registrar | shall insure the issuance of
a permit for disposition within | an expedited period of time to accommodate
Sunday or holiday | burials of decedents whose time of death and religious
tenets | or beliefs necessitate Sunday or holiday burials.
| (4) A permit which accompanies a dead body or fetus | brought into this
State shall be authority for final | disposition of the body or fetus in this
State, except in | municipalities where local ordinance requires the issuance
of | a local permit prior to disposition.
|
| (5) A permit for disposition of a dead human body shall be | required
prior to disinterment of a dead body or fetus, and | when the disinterred
body is to be shipped by a common carrier. | Such permit shall be issued to
a licensed funeral director or | person acting as such, upon proper
application, by the local | registrar of the district in which disinterment
is to be made. | In the case of disinterment, proper application shall
include | a statement providing the name and address of any surviving | spouse
of the deceased, or, if none, any surviving children of | the deceased, or if
no surviving spouse or children, a parent, | brother, or sister of the
deceased. The
application shall | indicate whether the applicant is one of these parties
and, if | so, whether the applicant is a surviving spouse or a surviving
| child. Prior to the issuance of a permit for disinterment, the
| local registrar shall, by certified mail, notify the surviving | spouse,
unless he or she is the applicant, or if there is no | surviving spouse, all
surviving children except for the | applicant, of the application for the
permit. The person or | persons notified shall have 30 days from the mailing
of the | notice to object by obtaining an injunction enjoining the | issuance
of the permit. After the 30-day period has expired, | the local registrar
shall issue the permit unless he or she has | been enjoined from doing so or
there are other statutory | grounds for refusal. The notice to the spouse or
surviving | children shall inform the person or persons being notified of | the
right to seek an injunction within 30 days. |
| Notwithstanding any other
provision of this subsection (5), a | court may order issuance of a permit
for disinterment without | notice or prior to the expiration of the 30-day
period where | the petition is made by an agency of any governmental unit and
| good cause is shown for disinterment without notice or for the | early order.
Nothing in this subsection (5) limits the | authority of the City of Chicago to
acquire property or | otherwise exercise its powers under the O'Hare
Modernization | Act or requires that City,
or
any person acting on behalf of | that City, to obtain a permit under this
subsection (5) when | exercising powers under the O'Hare Modernization Act. The | Illinois Department of Transportation, and any person acting | on its behalf under a public-private agreement entered into in | accordance with the Public-Private Agreements for the South | Suburban Airport Act, is exempt from this subsection (5), | provided that the Illinois Department of Transportation, or | any such person, takes reasonable steps to comply with the | provisions of this subsection (5) so long as compliance does | not interfere with the design, development, operation, or | maintenance of the South Suburban Airport or the exercise of | their powers under the Public-Private Agreements for the South | Suburban Airport Act.
| (Source: P.A. 98-109, eff. 7-25-13.)
| Section 99. Effective date. This Act takes effect January | 1, 2022.
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Effective Date: 1/1/2022
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