103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2643

 

Introduced 11/8/2023, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 41/1-10
225 ILCS 41/1-30
225 ILCS 41/10-25
410 ILCS 18/5
410 ILCS 18/20
410 ILCS 18/25
410 ILCS 18/35
410 ILCS 535/1  from Ch. 111 1/2, par. 73-1
410 ILCS 535/18  from Ch. 111 1/2, par. 73-18
410 ILCS 535/20  from Ch. 111 1/2, par. 73-20
410 ILCS 535/21  from Ch. 111 1/2, par. 73-21

    Creates the Reestablishing Integrity in Death Care Act. Provides that no later than January 1, 2025, when a death occurs within the State, the deceased's body, body bag, and any body part, organ, or tissue separated from the deceased to be used in nontransplant organ donation shall be affixed with a unique identifier, and chain of custody documentation shall be maintained for all dead bodies and human remains. Specifies requirements for the unique identifier and chain of custody documentation. Provides that the State Comptroller, the Department of Financial and Professional Regulation, and the Department of Public Health may inspect any business, provider, or facility in the State that handles dead bodies or human remains to ensure compliance with the Act and the rules adopted under the Act. Authorizes rulemaking to implement and enforce the Act. Amends the Funeral Directors and Embalmers Licensing Code, the Crematory Regulation Act, and the Vital Records Act to make conforming and other changes. Effective immediately.


LRB103 35293 RPS 65331 b

 

 

A BILL FOR

 

SB2643LRB103 35293 RPS 65331 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Reestablishing Integrity in Death Care Act.
 
6    Section 5. Purpose.
7    (a) The purpose of this Act is to reestablish integrity in
8death care by:
9        (1) implementing a mandatory unique identification
10    system for every death that occurs in the State; and
11        (2) establishing a chain of custody system that tracks
12    the human remains of a deceased individual whose death
13    occurred in the State from death to final disposition, if
14    the final disposition is in the State.
15    (b) The People of the State of Illinois intend that the
16provisions of this Act, together with other provisions of
17State law, will prevent:
18        (1) the misidentification of dead bodies or human
19    remains;
20        (2) the misplacement of dead bodies or human remains;
21    and
22        (3) conduct that results in a method of final
23    disposition that differs from what is stipulated by the

 

 

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1    deceased individual or the deceased's next of kin through
2    other applicable State laws.
 
3    Section 10. Definitions. In this Act:
4    "Chain of custody documentation" means a record that
5establishes the continuous location and control of a dead
6body, body parts, or human remains, which includes (i) the
7deceased's unique identifier; (ii) a list of each death care
8provider that came in contact with the dead body; (iii) a list
9of each service performed detailing the provider, location,
10and date; and (iv) the signature of the individual who
11executes final disposition.
12    "Unique identifier" means providing the deceased with
13individual identification, through tagging, numbering, QR
14code, or other individualized means, that is affixed to the
15dead body, the body bag, and any body part, organ, or tissue
16separated from the deceased to be used in nontransplant organ
17donation in order to prevent misidentification of human
18remains.
 
19    Section 15. Requirements.
20    (a) No later than January 1, 2025, when a death occurs
21within the State, the deceased's body, body bag, and any body
22part, organ, or tissue separated from the deceased to be used
23in nontransplant organ donation shall be affixed with a unique
24identifier. The unique identifier shall remain affixed to the

 

 

SB2643- 3 -LRB103 35293 RPS 65331 b

1deceased for identification purposes from the time the funeral
2director who first assumes control of the body of a deceased
3individual creates and affixes the unique identifier on the
4deceased until the last feasible moment before final
5disposition, if final disposition occurs in the State.
6    (b) No later than January 1, 2025, when a death occurs in
7the State, chain of custody documentation shall be maintained
8for all dead bodies and human remains. The chain of custody
9documentation shall follow and be maintained with the human
10remains from the time the funeral director who first assumes
11control of the body of a deceased individual creates the chain
12of custody documentation to the last feasible moment before
13final disposition, if final disposition is within the State or
14the human remains are returned to the State. If human remains
15are returned to the next of kin under other applicable State
16law, then the chain of custody documentation shall be provided
17to the deceased's next of kin following final disposition.
18    (c) The chain of custody documentation shall include (i)
19the deceased's unique identifier; (ii) a list of each death
20care provider that came in contact with the dead body; (iii) a
21list of each service performed detailing the provider,
22location, and date; and (iv) the signature of the individual
23who executes final disposition.
 
24    Section 20. Enforcement; rulemaking.
25    (a) The State Comptroller, the Department of Financial and

 

 

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1Professional Regulation, and the Department of Public Health
2are authorized to adopt, modify, amend, repeal, and enforce
3rules for the purpose of reestablishing a death care system
4where all human remains of deceased individuals whose death
5occurred in the State shall:
6        (1) be affixed with a unique identifier from the time
7    of death to final disposition, if the disposition occurs
8    in the State; and
9        (2) be accompanied with maintained chain of custody
10    documentation from the time of death to final disposition,
11    if the disposition occurs in the State.
12    (b) The State Comptroller, the Department of Financial and
13Professional Regulation, and the Department of Public Health
14may inspect any business, provider, or facility in the State
15that handles dead bodies or human remains to ensure compliance
16with this Act and the rules adopted under this Act.
 
17    Section 900. The Funeral Directors and Embalmers Licensing
18Code is amended by changing Sections 1-10, 1-30, and 10-25 as
19follows:
 
20    (225 ILCS 41/1-10)
21    (Section scheduled to be repealed on January 1, 2028)
22    Sec. 1-10. Definitions. As used in this Code:
23    "Address of record" means the designated address recorded
24by the Department in the applicant's or licensee's application

 

 

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1file or license file.
2    "Applicant" means any person making application for a
3license. Any applicants or people who hold themselves out as
4applicants are considered licensees for purposes of
5enforcement, investigation, hearings, and the Illinois
6Administrative Procedure Act.
7    "Board" means the Funeral Directors and Embalmers
8Licensing and Disciplinary Board.
9    "Certificate of Death" means a certificate of death as
10referenced in the Illinois Vital Records Act.
11    "Chain of custody documentation" means a record that
12establishes the continuous location and control of a dead
13body, body parts, or human remains as described in the
14Reestablishing Integrity in Death Care Act.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Email address of record" means the designated email
18address recorded by the Department in the applicant's
19application file or the licensee's license file as maintained
20by the Department's licensure maintenance unit.
21    "Funeral director and embalmer" means a person who is
22licensed and qualified to practice funeral directing and to
23prepare, disinfect and preserve dead human bodies by the
24injection or external application of antiseptics,
25disinfectants or preservative fluids and materials and to use
26derma surgery or plastic art for the restoring of mutilated

 

 

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1features. It further means a person who restores the remains
2of a person for the purpose of funeralization whose organs or
3bone or tissue has been donated for anatomical purposes.
4    "Funeral director and embalmer intern" means a person
5licensed by the Department who is qualified to render
6assistance to a funeral director and embalmer in carrying out
7the practice of funeral directing and embalming under the
8supervision of the funeral director and embalmer.
9    "Embalming" means the process of sanitizing and chemically
10treating a deceased human body in order to reduce the presence
11and growth of microorganisms, to retard organic decomposition,
12to render the remains safe to handle while retaining
13naturalness of tissue, and to restore an acceptable physical
14appearance for funeral viewing purposes.
15    "Funeral director" means a person, known by the title of
16"funeral director" or other similar words or titles, licensed
17by the Department who practices funeral directing.
18    "Funeral establishment", "funeral chapel", "funeral home",
19or "mortuary" means a building or separate portion of a
20building having a specific street address or location and
21devoted to activities relating to the shelter, care, custody
22and preparation of a deceased human body and which may contain
23facilities for funeral or wake services.
24    "Licensee" means a person licensed under this Code as a
25funeral director, funeral director and embalmer, or funeral
26director and embalmer intern. Anyone who holds himself or

 

 

SB2643- 7 -LRB103 35293 RPS 65331 b

1herself out as a licensee or who is accused of unlicensed
2practice is considered a licensee for purposes of enforcement,
3investigation, hearings, and the Illinois Administrative
4Procedure Act.
5    "Owner" means the individual, partnership, corporation,
6limited liability company, association, trust, estate, or
7agent thereof, or other person or combination of persons who
8owns a funeral establishment or funeral business.
9    "Person" means any individual, partnership, association,
10firm, corporation, limited liability company, trust or estate,
11or other entity. "Person" includes both natural persons and
12legal entities.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15    "Unique identifier" means providing the deceased with
16individual identification, through tagging, numbering, QR
17code, or other individualized means, that is affixed to the
18dead body, the body bag, and any body part, organ, or tissue
19separated from the deceased to be used in nontransplant organ
20donation in order to prevent misidentification of human
21remains as described in the Reestablishing Integrity in Death
22Care Act.
23(Source: P.A. 102-881, eff. 1-1-23.)
 
24    (225 ILCS 41/1-30)
25    (Section scheduled to be repealed on January 1, 2028)

 

 

SB2643- 8 -LRB103 35293 RPS 65331 b

1    Sec. 1-30. Powers of the Department. Subject to the
2provisions of this Code, the Department may exercise the
3following powers:
4        (1) To authorize examinations to ascertain the
5    qualifications and fitness of applicants for licensing as
6    a licensed funeral director and embalmer and pass upon the
7    qualifications of applicants for licensure.
8        (2) To examine the records of a licensed funeral
9    director or licensed funeral director and embalmer from
10    any year or any other aspect of funeral directing and
11    embalming as the Department deems appropriate.
12        (3) To investigate any and all funeral directing and
13    embalming activity.
14        (4) To conduct hearings on proceedings to refuse to
15    issue or renew licenses or to revoke, suspend, place on
16    probation, reprimand, or otherwise discipline a license
17    under this Code or take other non-disciplinary action.
18        (5) To adopt all necessary and reasonable rules and
19    regulations for the effective administration of this Code.
20        (6) To prescribe forms to be issued for the
21    administration and enforcement of this Code.
22        (7) (Blank).
23        (8) To contract with third parties for services
24    necessary for the proper administration of this Code
25    including, without limitation, investigators with the
26    proper knowledge, training, and skills to properly inspect

 

 

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1    funeral homes and investigate complaints under this Code.
2        (9) To adopt rules requiring that all human remains be
3    affixed with a unique identifier under this Code.
4        (10) To adopt rules that implement chain of custody
5    documentation for human remains.
6(Source: P.A. 102-881, eff. 1-1-23.)
 
7    (225 ILCS 41/10-25)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 10-25. Examinations. The Department shall authorize
10and hold examinations of applicants for licenses as licensed
11funeral directors and embalmers. The examination may include
12both practical demonstrations and written and oral tests and
13shall embrace the subjects of anatomy, sanitary science,
14health regulations in relation to the handling of deceased
15human bodies, identification rules and regulations in relation
16to the handling and storing of multiple human bodies, measures
17used by funeral directors and embalmers for the prevention of
18the spread of diseases, the care, preservation, embalming,
19transportation, and burial of dead human bodies, and other
20subjects relating to the care and handling of deceased human
21bodies as set forth in this Article and as the Department by
22rule may prescribe.
23    Whenever the Secretary is not satisfied that substantial
24justice has been done in an examination, the Secretary may
25order a reexamination.

 

 

SB2643- 10 -LRB103 35293 RPS 65331 b

1    If an applicant neglects, fails without an approved excuse
2or refuses to take the next available examination offered for
3licensure under this Code, the fee paid by the applicant shall
4be forfeited to the Department and the application denied. If
5an applicant fails to pass an examination for licensure under
6this Code within 3 years after filing an application, the
7application shall be denied. However, the applicant may
8thereafter make a new application for examination which shall
9be accompanied by the required fee.
10(Source: P.A. 96-1463, eff. 1-1-11.)
 
11    Section 905. The Crematory Regulation Act is amended by
12changing Sections 5, 20, 25, and 35 as follows:
 
13    (410 ILCS 18/5)
14    (Section scheduled to be repealed on January 1, 2029)
15    Sec. 5. Definitions. As used in this Act:
16    "Address of record" means the designated address recorded
17by the Comptroller in the applicant's or licensee's
18application file or license file. It is the duty of the
19applicant or licensee to inform the Comptroller of any change
20of address within 14 days, and such changes must be made either
21through the Comptroller's website or by contacting the
22Comptroller. The address of record shall be the permanent
23street address of the crematory.
24    "Alternative container" means a receptacle, other than a

 

 

SB2643- 11 -LRB103 35293 RPS 65331 b

1casket, in which human remains are transported to the
2crematory and placed in the cremation chamber for cremation.
3An alternative container shall be (i) composed of readily
4combustible or consumable materials suitable for cremation,
5(ii) able to be closed in order to provide a complete covering
6for the human remains, (iii) resistant to leakage or spillage,
7(iv) rigid enough for handling with ease, and (v) able to
8provide protection for the health, safety, and personal
9integrity of crematory personnel.
10    "Authorizing agent" means a person legally entitled to
11order the cremation and final disposition of specific human
12remains. "Authorizing agent" includes an institution of
13medical, mortuary, or other sciences as provided in Section 20
14of the Disposition of Remains of the Indigent Act.
15    "Body parts" means limbs or other portions of the anatomy
16that are removed from a person or human remains for medical
17purposes during treatment, surgery, biopsy, autopsy, or
18medical research; or human bodies or any portion of bodies
19that have been donated to science for medical research
20purposes.
21    "Burial transit permit" means a permit for disposition of
22a dead human body as required by Illinois law.
23    "Casket" means a rigid container that is designed for the
24encasement of human remains, is usually constructed of wood,
25metal, or like material and ornamented and lined with fabric,
26and may or may not be combustible.

 

 

SB2643- 12 -LRB103 35293 RPS 65331 b

1    "Chain of custody documentation" means a record that
2establishes the continuous location and control of a dead
3body, body parts, or human remains as described in the
4Reestablishing Integrity in Death Care Act.
5    "Comptroller" means the Comptroller of the State of
6Illinois.
7    "Cremated remains" means all human remains recovered after
8the completion of the cremation, which may possibly include
9the residue of any foreign matter including casket material,
10bridgework, or eyeglasses, that was cremated with the human
11remains.
12    "Cremation" means the technical process, using heat and
13flame, or alkaline hydrolysis that reduces human remains to
14bone fragments. The reduction takes place through heat and
15evaporation or through hydrolysis. Cremation shall include the
16processing, and may include the pulverization, of the bone
17fragments.
18    "Cremation chamber" means the enclosed space within which
19the cremation takes place.
20    "Cremation interment container" means a rigid outer
21container that, subject to a cemetery's rules and regulations,
22is composed of concrete, steel, fiberglass, or some similar
23material in which an urn is placed prior to being interred in
24the ground, and which is designed to withstand prolonged
25exposure to the elements and to support the earth above the
26urn.

 

 

SB2643- 13 -LRB103 35293 RPS 65331 b

1    "Cremation room" means the room in which the cremation
2chamber is located.
3    "Crematory" means the building or portion of a building
4that houses the cremation room and the holding facility.
5    "Crematory authority" means the legal entity which is
6licensed by the Comptroller to operate a crematory and to
7perform cremations.
8    "Final disposition" means the burial, cremation, or other
9disposition of a dead human body or parts of a dead human body.
10    "Funeral director" means a person known by the title of
11"funeral director", "funeral director and embalmer", or other
12similar words or titles, licensed by the State to practice
13funeral directing or funeral directing and embalming.
14    "Funeral establishment" means a building or separate
15portion of a building having a specific street address and
16location and devoted to activities relating to the shelter,
17care, custody, and preparation of a deceased human body and
18may contain facilities for funeral or wake services.
19    "Holding facility" means an area that (i) is designated
20for the retention of human remains prior to cremation, (ii)
21complies with all applicable public health law, (iii)
22preserves the health and safety of the crematory authority
23personnel, and (iv) is secure from access by anyone other than
24authorized persons. A holding facility may be located in a
25cremation room.
26    "Human remains" means the body of a deceased person,

 

 

SB2643- 14 -LRB103 35293 RPS 65331 b

1including any form of body prosthesis that has been
2permanently attached or implanted in the body.
3    "Licensee" means an entity licensed under this Act. An
4entity that holds itself as a licensee or that is accused of
5unlicensed practice is considered a licensee for purposes of
6enforcement, investigation, hearings, and the Illinois
7Administrative Procedure Act.
8    "Niche" means a compartment or cubicle for the
9memorialization and permanent placement of an urn containing
10cremated remains.
11    "Person" means any person, partnership, association,
12corporation, limited liability company, or other entity, and
13in the case of any such business organization, its officers,
14partners, members, or shareholders possessing 25% or more of
15ownership of the entity.
16    "Processing" means the reduction of identifiable bone
17fragments after the completion of the cremation process to
18unidentifiable bone fragments by manual or mechanical means.
19    "Pulverization" means the reduction of identifiable bone
20fragments after the completion of the cremation process to
21granulated particles by manual or mechanical means.
22    "Scattering area" means an area which may be designated by
23a cemetery and located on dedicated cemetery property or
24property used for outdoor recreation or natural resource
25conservation owned by the Department of Natural Resources and
26designated as a scattering area, where cremated remains, which

 

 

SB2643- 15 -LRB103 35293 RPS 65331 b

1have been removed from their container, can be mixed with, or
2placed on top of, the soil or ground cover.
3    "Temporary container" means a receptacle for cremated
4remains, usually composed of cardboard, plastic or similar
5material, that can be closed in a manner that prevents the
6leakage or spillage of the cremated remains or the entrance of
7foreign material, and is a single container of sufficient size
8to hold the cremated remains until an urn is acquired or the
9cremated remains are scattered.
10    "Unique identifier" means providing the deceased with
11individual identification, through tagging, numbering, QR
12code, or other individualized means, that is affixed to the
13dead body, the body bag, and any body part, organ, or tissue
14separated from the deceased to be used in nontransplant organ
15donation in order to prevent misidentification of human
16remains as described in the Reestablishing Integrity in Death
17Care Act.
18    "Urn" means a receptacle designed to encase the cremated
19remains.
20(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
21100-863, eff. 8-14-18.)
 
22    (410 ILCS 18/20)
23    (Section scheduled to be repealed on January 1, 2029)
24    Sec. 20. Authorization to cremate.
25    (a) A crematory authority shall not cremate human remains

 

 

SB2643- 16 -LRB103 35293 RPS 65331 b

1until it has received all of the following:
2        (1) A cremation authorization form signed, in either
3    paper or electronic format, by an authorizing agent. The
4    cremation authorization form shall be provided by the
5    crematory authority and shall contain, at a minimum, the
6    following information:
7            (A) The identity of the human remains and the time
8        and date of death.
9            (B) The name of the funeral director and funeral
10        establishment, if applicable, that obtained the
11        cremation authorization.
12            (C) Notification as to whether the death occurred
13        from a disease declared by the Department of Health to
14        be infectious, contagious, communicable, or dangerous
15        to the public health.
16            (D) The name of the authorizing agent and the
17        relationship between the authorizing agent and the
18        decedent.
19            (E) A representation that the authorizing agent
20        does in fact have the right to authorize the cremation
21        of the decedent, and that the authorizing agent is not
22        aware of any living person who has a superior priority
23        right to that of the authorizing agent, as set forth in
24        Section 15. In the event there is another living
25        person who has a superior priority right to that of the
26        authorizing agent, the form shall contain a

 

 

SB2643- 17 -LRB103 35293 RPS 65331 b

1        representation that the authorizing agent has made all
2        reasonable efforts to contact that person, has been
3        unable to do so, and has no reason to believe that the
4        person would object to the cremation of the decedent.
5            (F) Authorization for the crematory authority to
6        cremate the human remains.
7            (G) A representation that the human remains do not
8        contain a pacemaker or any other material or implant
9        that may be potentially hazardous or cause damage to
10        the cremation chamber or the person performing the
11        cremation.
12            (H) The name of the person authorized to receive
13        the cremated remains from the crematory authority.
14            (I) The manner in which final disposition of the
15        cremated remains is to take place, if known. If the
16        cremation authorization form does not specify final
17        disposition in a grave, crypt, niche, or scattering
18        area, then the form may indicate that the cremated
19        remains will be held by the crematory authority for 30
20        days before they are released, unless they are picked
21        up from the crematory authority prior to that time, in
22        person, by the authorizing agent. At the end of the 30
23        days the crematory authority may return the cremated
24        remains to the authorizing agent if no final
25        disposition arrangements are made; or at the end of 60
26        days the crematory authority may dispose of the

 

 

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1        cremated remains in accordance with subsection (d) of
2        Section 40.
3            (J) A listing of any items of value to be delivered
4        to the crematory authority along with the human
5        remains, and instructions as to how the items should
6        be handled.
7            (K) A specific statement as to whether the
8        authorizing agent has made arrangements for any type
9        of viewing of the decedent before cremation, or for a
10        service with the decedent present before cremation in
11        connection with the cremation, and if so, the date and
12        time of the viewing or service and whether the
13        crematory authority is authorized to proceed with the
14        cremation upon receipt of the human remains.
15            (L) The signature, in either paper or electronic
16        format, of the authorizing agent, attesting to the
17        accuracy of all representations contained on the
18        cremation authorization form, except as set forth in
19        paragraph (M) of this subsection.
20            (M) If a cremation authorization form is being
21        executed on a pre-need basis, the cremation
22        authorization form shall contain the disclosure
23        required by subsection (b) of Section 140.
24            (N) The cremation authorization form, other than
25        pre-need cremation forms, shall also be signed, in
26        either paper or electronic format, by a funeral

 

 

SB2643- 19 -LRB103 35293 RPS 65331 b

1        director or other representative of the funeral
2        establishment that obtained the cremation
3        authorization. That individual shall merely execute
4        the cremation authorization form as a witness and
5        shall not be responsible for any of the
6        representations made by the authorizing agent, unless
7        the individual has actual knowledge to the contrary.
8        The information requested by items (A), (B), (C) and
9        (G) of this subsection, however, shall be considered
10        to be representations of the authorizing agent. In
11        addition, the funeral director or funeral
12        establishment shall warrant to the crematory that the
13        human remains delivered to the crematory authority are
14        the human remains identified on the cremation
15        authorization form.
16        (2) A completed and executed burial transit permit
17    indicating that the human remains are to be cremated.
18        (3) Any other documentation required by this State,
19    including documentation establishing that the human
20    remains have a unique identifier affixed to the human
21    body, body bag, or body parts and are accompanied with
22    chain of custody documentation.
23    (b) If an authorizing agent is not available to execute a
24cremation authorization form in person, that person may
25delegate that authority to another person in writing, or by
26sending the crematory authority a facsimile transmission that

 

 

SB2643- 20 -LRB103 35293 RPS 65331 b

1contains the name, address, and relationship of the sender to
2the decedent and the name and address of the individual to whom
3authority is delegated. Upon receipt of the written document,
4or facsimile transmission, telegram, or other electronic
5telecommunications transmission which specifies the individual
6to whom authority has been delegated, the crematory authority
7shall allow this individual to serve as the authorizing agent
8and to execute the cremation authorization form. The crematory
9authority shall be entitled to rely upon the cremation
10authorization form without liability.
11    (c) An authorizing agent who signs, in either paper or
12electronic format, a cremation authorization form shall be
13deemed to warrant the truthfulness of any facts set forth on
14the cremation authorization form, including that person's
15authority to order the cremation; except for the information
16required by items (C) and (G) of paragraph (1) of subsection
17(a) of this Section, unless the authorizing agent has actual
18knowledge to the contrary. An authorizing agent signing, in
19either paper or electronic format, a cremation authorization
20form shall be personally and individually liable for all
21damages occasioned by and resulting from authorizing the
22cremation.
23    (d) A crematory authority shall have authority to cremate
24human remains upon the receipt of a cremation authorization
25form signed, in either paper or electronic format, by an
26authorizing agent. There shall be no liability for a crematory

 

 

SB2643- 21 -LRB103 35293 RPS 65331 b

1authority that cremates human remains according to an
2authorization, or that releases or disposes of the cremated
3remains according to an authorization, except for a crematory
4authority's gross negligence, provided that the crematory
5authority performs its functions in compliance with this Act.
6    (e) After an authorizing agent has executed a cremation
7authorization form, the authorizing agent may revoke the
8authorization and instruct the crematory authority to cancel
9the cremation and to release or deliver the human remains to
10another crematory authority or funeral establishment. The
11instructions shall be provided to the crematory authority in
12writing. A crematory authority shall honor any instructions
13given to it by an authorizing agent under this Section if it
14receives the instructions prior to beginning the cremation of
15the human remains.
16(Source: P.A. 102-824, eff. 1-1-23.)
 
17    (410 ILCS 18/25)
18    (Section scheduled to be repealed on January 1, 2029)
19    Sec. 25. Recordkeeping.
20    (a) The crematory authority shall furnish to the person
21who delivers human remains to the crematory authority a
22receipt signed, in either paper or electronic format, at the
23time of delivery by both the crematory authority and the
24person who delivers the human remains, showing the date and
25time of the delivery, the type of casket or alternative

 

 

SB2643- 22 -LRB103 35293 RPS 65331 b

1container that was delivered, the name of the person from whom
2the human remains were received and the name of the funeral
3establishment or other entity with whom the person is
4affiliated, the name of the person who received the human
5remains on behalf of the crematory authority, and the name of
6the decedent. The crematory shall retain a copy of this
7receipt in its permanent records.
8    (b) Upon its release of cremated remains, the crematory
9authority shall furnish to the person who receives the
10cremated remains from the crematory authority a receipt
11signed, in either paper or electronic format, by both the
12crematory authority and the person who receives the cremated
13remains, showing the date and time of the release, the name of
14the person to whom the cremated remains were released and the
15name of the funeral establishment, cemetery, or other entity
16with whom the person is affiliated, the name of the person who
17released the cremated remains on behalf of the crematory
18authority, and the name of the decedent. The crematory shall
19retain a copy of this receipt in its permanent records.
20    (b-5) Upon its release of cremated remains, the crematory
21authority shall furnish to the person who receives the
22cremated remains at the crematory the chain of custody
23documentation.
24    (c) A crematory authority shall maintain at its place of
25business a permanent record of each cremation that took place
26at its facility which shall contain the name of the decedent,

 

 

SB2643- 23 -LRB103 35293 RPS 65331 b

1the date of the cremation, and the final disposition of the
2cremated remains.
3    (d) The crematory authority shall maintain a record of all
4cremated remains disposed of by the crematory authority in
5accordance with subsection (d) of Section 40.
6    (e) Upon completion of the cremation, the crematory
7authority shall file the burial transit permit as required by
8the Illinois Vital Records Act and rules adopted under that
9Act and the Illinois Counties Code, and transmit a photocopy
10of the burial transit permit along with the cremated remains
11to whoever receives the cremated remains from the authorizing
12agent unless the cremated remains are to be interred,
13entombed, inurned, or placed in a scattering area, in which
14case the crematory authority shall retain a copy of the burial
15transit permit and shall send the permit, along with the
16cremated remains, to the cemetery, which shall file the permit
17with the designated agency after the interment, entombment,
18inurnment, or scattering has taken place.
19    (f) All cemeteries shall maintain a record of all cremated
20remains that are disposed of on their property, provided that
21the cremated remains were properly transferred to the cemetery
22and the cemetery issued a receipt acknowledging the transfer
23of the cremated remains.
24(Source: P.A. 102-824, eff. 1-1-23.)
 
25    (410 ILCS 18/35)

 

 

SB2643- 24 -LRB103 35293 RPS 65331 b

1    (Section scheduled to be repealed on January 1, 2029)
2    Sec. 35. Cremation procedures.
3    (a) Human remains shall not be cremated within 24 hours
4after the time of death, as indicated on the Medical
5Examiner's/Coroner's Certificate of Death. In any death, the
6human remains shall not be cremated by the crematory authority
7until a cremation permit has been received from the coroner or
8medical examiner of the county in which the death occurred and
9the crematory authority has received a cremation authorization
10form, executed by an authorizing agent, in accordance with the
11provisions of Section 15 of this Act. In no instance, however,
12shall the lapse of time between the death and the cremation be
13less than 24 hours, unless (i) it is known the deceased has an
14infectious or dangerous disease and that the time requirement
15is waived in writing by the medical examiner or coroner where
16the death occurred or (ii) because of a religious requirement.
17    (b) Except as set forth in subsection (a) of this Section,
18a crematory authority shall have the right to schedule the
19actual cremation to be performed at its own convenience, at
20any time after the human remains have been delivered to the
21crematory authority, unless the crematory authority has
22received specific instructions to the contrary on the
23cremation authorization form.
24    (c) No crematory authority shall cremate human remains
25when it has actual knowledge that human remains contain a
26pacemaker or any other material or implant that may be

 

 

SB2643- 25 -LRB103 35293 RPS 65331 b

1potentially hazardous to the person performing the cremation.
2    (d) No crematory authority shall refuse to accept human
3remains for cremation because such human remains are not
4embalmed.
5    (e) Whenever a crematory authority is unable or
6unauthorized to cremate human remains immediately upon taking
7custody of the remains, the crematory authority shall place
8the human remains in a holding facility in accordance with the
9crematory authority's rules and regulations. The crematory
10authority must notify the authorizing agent of the reasons for
11delay in cremation if a properly authorized cremation is not
12performed within any time period expressly contemplated in the
13authorization.
14    (f) A crematory authority shall not accept a casket or
15alternative container from which there is any evidence of the
16leakage of body fluids.
17    (g) The casket or the alternative container shall be
18cremated with the human remains or destroyed, unless the
19crematory authority has notified the authorizing agent to the
20contrary on the cremation authorization form and obtained the
21written consent of the authorizing agent.
22    (h) The simultaneous cremation of the human remains of
23more than one person within the same cremation chamber,
24without the prior written consent of the authorizing agent, is
25prohibited except for common cremation pursuant to Section
2611.4 of the Hospital Licensing Act. Nothing in this

 

 

SB2643- 26 -LRB103 35293 RPS 65331 b

1subsection, however, shall prevent the simultaneous cremation
2within the same cremation chamber of body parts delivered to
3the crematory authority from multiple sources, or the use of
4cremation equipment that contains more than one cremation
5chamber.
6    (i) No unauthorized person shall be permitted in the
7holding facility or cremation room while any human remains are
8being held there awaiting cremation, being cremated, or being
9removed from the cremation chamber.
10    (j) A crematory authority shall not remove any dental
11gold, body parts, organs, or any item of value prior to or
12subsequent to a cremation without previously having received
13specific written authorization from the authorizing agent and
14written instructions for the delivery of these items to the
15authorizing agent. Under no circumstances shall a crematory
16authority profit from making or assisting in any removal of
17valuables.
18    (k) Upon the completion of each cremation, and insofar as
19is practicable, all of the recoverable residue of the
20cremation process shall be removed from the cremation chamber.
21    (l) If all of the recovered cremated remains will not fit
22within the receptacle that has been selected, the remainder of
23the cremated remains shall be returned to the authorizing
24agent or the agent's designee in a separate container. The
25crematory authority shall not return to an authorizing agent
26or the agent's designee more or less cremated remains than

 

 

SB2643- 27 -LRB103 35293 RPS 65331 b

1were removed from the cremation chamber.
2    (m) A crematory authority shall not knowingly represent to
3an authorizing agent or the agent's designee that a temporary
4container or urn contains the cremated remains of a specific
5decedent when it does not.
6    (n) Cremated remains shall be shipped only by a method
7that has an internal tracing system available and that
8provides a receipt signed, in either paper or electronic
9format, by the person accepting delivery.
10    (o) A crematory authority shall maintain an identification
11system that shall ensure that it shall be able to identify the
12human remains in its possession throughout all phases of the
13cremation process.
14    (p) A crematory authority shall not take possession of
15unembalmed human remains that cannot be cremated within 24
16hours unless it provides or maintains either of the following
17capable of maintaining a temperature of less than 40 degrees
18Fahrenheit: an operable refrigeration unit, with cleanable,
19noncorrosive interior and exterior finishes, or a suitable
20cooling room.
21    (q) A crematory authority shall maintain the unique
22identifier associated with the human remains. The unique
23identifier shall remain affixed to the deceased until the last
24feasible moment before cremation.
25    (r) A crematory authority shall maintain the chain of
26custody documentation that corresponds with the human remains.

 

 

SB2643- 28 -LRB103 35293 RPS 65331 b

1Upon its release of cremated remains, the crematory authority
2shall furnish to the person who receives the cremated remains
3at the crematory the chain of custody documentation.
4(Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.)
 
5    Section 910. The Vital Records Act is amended by changing
6Sections 1, 18, 20, and 21 as follows:
 
7    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
8    Sec. 1. As used in this Act, unless the context otherwise
9requires:
10    (1) "Vital records" means records of births, deaths, fetal
11deaths, marriages, dissolution of marriages, and data related
12thereto.
13    (2) "System of vital records" includes the registration,
14collection, preservation, amendment, and certification of
15vital records, and activities related thereto.
16    (3) "Filing" means the presentation of a certificate,
17report, or other record provided for in this Act, of a birth,
18death, fetal death, adoption, marriage, or dissolution of
19marriage, for registration by the Office of Vital Records.
20    (4) "Registration" means the acceptance by the Office of
21Vital Records and the incorporation in its official records of
22certificates, reports, or other records provided for in this
23Act, of births, deaths, fetal deaths, adoptions, marriages, or
24dissolution of marriages.

 

 

SB2643- 29 -LRB103 35293 RPS 65331 b

1    (5) "Live birth" means the complete expulsion or
2extraction from its mother of a product of human conception,
3irrespective of the duration of pregnancy, which after such
4separation breathes or shows any other evidence of life such
5as beating of the heart, pulsation of the umbilical cord, or
6definite movement of voluntary muscles, whether or not the
7umbilical cord has been cut or the placenta is attached.
8    (6) "Fetal death" means death prior to the complete
9expulsion or extraction from the uterus of a product of human
10conception, irrespective of the duration of pregnancy, and
11which is not due to an abortion as defined in Section 1-10 of
12the Reproductive Health Act. The death is indicated by the
13fact that after such separation the fetus does not breathe or
14show any other evidence of life such as beating of the heart,
15pulsation of the umbilical cord, or definite movement of
16voluntary muscles.
17    (7) "Dead body" means a lifeless human body or parts of
18such body or bones thereof from the state of which it may
19reasonably be concluded that death has occurred.
20    (8) "Final disposition" means the burial, cremation, or
21other disposition of a dead human body or fetus or parts
22thereof.
23    (9) "Physician" means a person licensed to practice
24medicine in Illinois or any other state.
25    (10) "Institution" means any establishment, public or
26private, which provides in-patient medical, surgical, or

 

 

SB2643- 30 -LRB103 35293 RPS 65331 b

1diagnostic care or treatment, or nursing, custodial, or
2domiciliary care to 2 or more unrelated individuals, or to
3which persons are committed by law.
4    (11) "Department" means the Department of Public Health of
5the State of Illinois.
6    (12) "Director" means the Director of the Illinois
7Department of Public Health.
8    (13) "Licensed health care professional" means a person
9licensed to practice as a physician, advanced practice
10registered nurse, or physician assistant in Illinois or any
11other state.
12    (14) "Licensed mental health professional" means a person
13who is licensed or registered to provide mental health
14services by the Department of Financial and Professional
15Regulation or a board of registration duly authorized to
16register or grant licenses to persons engaged in the practice
17of providing mental health services in Illinois or any other
18state.
19    (15) "Intersex condition" means a condition in which a
20person is born with a reproductive or sexual anatomy or
21chromosome pattern that does not fit typical definitions of
22male or female.
23    (16) "Homeless person" means an individual who meets the
24definition of "homeless" under Section 103 of the federal
25McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
26individual residing in any of the living situations described

 

 

SB2643- 31 -LRB103 35293 RPS 65331 b

1in 42 U.S.C. 11434a(2).
2    (17) "Advanced practice registered nurse" means: (i) an
3advanced practice registered nurse with full practice
4authority; or (ii) an advanced practice registered nurse with
5a collaborative agreement with a physician who has delegated
6the completion of death certificates.
7    (18) "Certifying health care professional" means a
8physician, physician assistant, or advanced practice
9registered nurse.
10    (19) "Physician assistant" means a physician assistant who
11practices in accordance with a written collaborative agreement
12that includes the completion of death certificates.
13    (20) "Unique identifier" means providing the deceased with
14individual identification, through tagging, numbering, QR
15code, or other individualized means, that is affixed to the
16dead body, the body bag, and any body part, organ, or tissue
17separated from the deceased to be used in nontransplant organ
18donation in order to prevent misidentification of human
19remains as described in the Reestablishing Integrity in Death
20Care Act.
21    (21) "Chain of custody documentation" means a record that
22establishes the continuous location and control of a dead
23body, body parts, or human remains as described in the
24Reestablishing Integrity in Death Care Act.
25(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
26102-844, eff. 1-1-23.)
 

 

 

SB2643- 32 -LRB103 35293 RPS 65331 b

1    (410 ILCS 535/18)  (from Ch. 111 1/2, par. 73-18)
2    Sec. 18. (1) Each death which occurs in this State shall be
3registered by filing a death certificate with the local
4registrar of the district in which the death occurred or the
5body was found, within 7 days after such death (within 5 days
6if the death occurs prior to January 1, 1989) and prior to
7cremation or removal of the body from the State, except when
8death is subject to investigation by the coroner or medical
9examiner.
10        (a) For the purposes of this Section, if the place of
11    death is unknown, a death certificate shall be filed in
12    the registration district in which a dead body is found,
13    which shall be considered the place of death.
14        (b) When a death occurs on a moving conveyance, the
15    place where the body is first removed from the conveyance
16    shall be considered the place of death and a death
17    certificate shall be filed in the registration district in
18    which such place is located.
19        (c) The funeral director who first assumes custody of
20    a dead body shall be responsible for filing a completed
21    death certificate. He or she shall obtain the personal
22    data from the next of kin or the best qualified person or
23    source available; he or she shall enter on the certificate
24    the name, relationship, and address of the informant; he
25    or she shall enter the date, place, and method of final

 

 

SB2643- 33 -LRB103 35293 RPS 65331 b

1    disposition; he or she shall affix his or her own
2    signature and enter his or her address; and shall present
3    the certificate to the person responsible for completing
4    the medical certification of cause of death. The person
5    responsible for completing the medical certification of
6    cause of death must note the presence of
7    methicillin-resistant staphylococcus aureus, clostridium
8    difficile, or vancomycin-resistant enterococci if it is a
9    contributing factor to or the cause of death. Additional
10    multi-drug resistant organisms (MDROs) may be added to
11    this list by the Department by rule.
12    (1.5) No later than January 1, 2025, the funeral director
13who first assumes control of the body of a deceased individual
14whose death occurred in the State shall assign the body with a
15unique identifier. The unique identifier shall be affixed to
16the dead body, the body bag, and any body part, organ, or
17tissue separated from the deceased to be used in nontransplant
18organ donation. The unique identifier shall remain affixed to
19the deceased until the last feasible moment before final
20disposition. The Department of Financial and Professional
21Regulation shall enforce the unique identifier requirement in
22its regulation of licensees who care for dead bodies.
23    (1.10) No later than January 1, 2025, the funeral director
24who first assumes control of the body of a deceased individual
25whose death occurred in the State shall commence the chain of
26custody documentation for the dead body. The chain of custody

 

 

SB2643- 34 -LRB103 35293 RPS 65331 b

1documentation shall follow the dead body from death to the
2last feasible moment before final disposition, if final
3disposition is within the State or the human remains are
4returned to the State. If human remains are returned to the
5next of kin under other applicable State law, then the chain of
6custody documentation shall be provided to the deceased's next
7of kin following final disposition.
8    The chain of custody documentation shall include (i) the
9deceased's unique identifier; (ii) a list of each death care
10provider that came in contact with the dead body; (iii) a list
11of each service performed detailing the provider, location,
12and date; and (iv) the signature of the individual who
13executes final disposition.
14    The Department of Financial and Professional Regulation
15shall enforce the chain of custody requirement on all
16industries under its jurisdiction that participate in the
17chain of custody of dead bodies or human remains.
18    (2) The medical certification shall be completed and
19signed within 48 hours after death by the certifying health
20care professional who, within 12 months prior to the date of
21the patient's death, was treating or managing treatment of the
22patient's illness or condition which resulted in death, except
23when death is subject to the coroner's or medical examiner's
24investigation. In the absence of the certifying health care
25professional or with his or her approval, the medical
26certificate may be completed and signed by his or her

 

 

SB2643- 35 -LRB103 35293 RPS 65331 b

1associate physician, advanced practice registered nurse, or
2physician assistant, the chief medical officer of the
3institution in which death occurred, or the physician who
4performed an autopsy upon the decedent.
5    (3) When a death occurs without medical attendance, or
6when it is otherwise subject to the coroner's or medical
7examiner's investigation, the coroner or medical examiner
8shall be responsible for the completion of a coroner's or
9medical examiner's certificate of death and shall sign the
10medical certification within 48 hours after death, except as
11provided by regulation in special problem cases. If the
12decedent was under the age of 18 years at the time of his or
13her death, and the death was due to injuries suffered as a
14result of a motor vehicle backing over a child, or if the death
15occurred due to the power window of a motor vehicle, the
16coroner or medical examiner must send a copy of the medical
17certification, with information documenting that the death was
18due to a vehicle backing over the child or that the death was
19caused by a power window of a vehicle, to the Department of
20Children and Family Services. The Department of Children and
21Family Services shall (i) collect this information for use by
22Child Death Review Teams and (ii) compile and maintain this
23information as part of its Annual Child Death Review Team
24Report to the General Assembly.
25    (3.5) The medical certification of cause of death shall
26expressly provide an opportunity for the person completing the

 

 

SB2643- 36 -LRB103 35293 RPS 65331 b

1certification to indicate that the death was caused in whole
2or in part by a dementia-related disease, Parkinson's Disease,
3or Parkinson-Dementia Complex.
4    (4) When the deceased was a veteran of any war of the
5United States, the funeral director shall prepare a
6"Certificate of Burial of U. S. War Veteran", as prescribed
7and furnished by the Illinois Department of Veterans' Affairs,
8and submit such certificate to the Illinois Department of
9Veterans' Affairs monthly.
10    (5) When a death is presumed to have occurred in this State
11but the body cannot be located, a death certificate may be
12prepared by the State Registrar upon receipt of an order of a
13court of competent jurisdiction which includes the finding of
14facts required to complete the death certificate. Such death
15certificate shall be marked "Presumptive" and shall show on
16its face the date of the registration and shall identify the
17court and the date of the judgment.
18(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;
19103-154, eff. 6-30-23.)
 
20    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
21    Sec. 20. Fetal death; place of registration.
22    (1) Each fetal death which occurs in this State after a
23gestation period of 20 completed weeks (and when the mother
24elects in writing to arrange for the burial or cremation of the
25fetus under Section 11.4 of the Hospital Licensing Act) or

 

 

SB2643- 37 -LRB103 35293 RPS 65331 b

1more shall be registered with the local or subregistrar of the
2district in which the delivery occurred within 7 days after
3the delivery and before removal of the fetus from the State,
4except as provided by regulation in special problem cases.
5        (a) For the purposes of this Section, if the place of
6    fetal death is unknown, a fetal death certificate shall be
7    filed in the registration district in which a dead fetus
8    is found, which shall be considered the place of fetal
9    death.
10        (b) When a fetal death occurs on a moving conveyance,
11    the city, village, township, or road district in which the
12    fetus is first removed from the conveyance shall be
13    considered the place of delivery and a fetal death
14    certificate shall be filed in the registration district in
15    which the place is located.
16        (c) The funeral director or person acting as such who
17    first assumes custody of a fetus shall file the
18    certificate. The personal data shall be obtained from the
19    best qualified person or source available. The name,
20    relationship, and address of the informant shall be
21    entered on the certificate. The date, place, and method of
22    final disposition of the fetus shall be recorded over the
23    personal signature and address of the funeral director
24    responsible for the disposition. The certificate shall be
25    presented to the person responsible for completing the
26    medical certification of the cause of death.

 

 

SB2643- 38 -LRB103 35293 RPS 65331 b

1    (2) The medical certification shall be completed and
2signed within 24 hours after delivery by the certifying health
3care professional in attendance at or after delivery, except
4when investigation is required under Division 3-3 of Article 3
5of the Counties Code and except as provided by regulation in
6special problem cases.
7    (3) When a fetal death occurs without medical attendance
8upon the mother at or after the delivery, or when
9investigation is required under Division 3-3 of Article 3 of
10the Counties Code, the coroner shall be responsible for the
11completion of the fetal death certificate and shall sign the
12medical certification within 24 hours after the delivery or
13the finding of the fetus, except as provided by regulation in
14special problem cases.
15    (4) No later than January 1, 2025, the funeral director
16who first assumes control of a fetal death that occurred in the
17State shall assign the body with a unique identifier. The
18unique identifier shall remain affixed to the deceased until
19the last feasible moment before final disposition. The
20Department of Financial and Professional Regulation shall
21enforce the unique identifier requirement in its regulation of
22licensees who care for fetal deaths.
23    (5) No later than January 1, 2025, the funeral director
24who first assumes control of a fetal death that occurred in the
25State shall commence the chain of custody documentation for
26the dead body. The chain of custody documentation shall follow

 

 

SB2643- 39 -LRB103 35293 RPS 65331 b

1the dead body from death to the last feasible moment before
2final disposition, if final disposition is within the State or
3the human remains are returned to the State. If human remains
4are returned to the next of kin under other applicable State
5law, then the chain of custody documentation shall be provided
6to the deceased's next of kin following final disposition.
7    The chain of custody documentation shall include (i) the
8deceased's unique identifier; (ii) a list of each death care
9provider that came in contact with the dead body; (iii) a list
10of each service performed detailing the provider, location,
11and date; and (iv) the signature of the individual who
12executes final disposition.
13    The Department of Financial and Professional Regulation
14shall enforce the chain of custody requirement on all
15industries under its jurisdiction that participate in the
16chain of custody of dead bodies or human remains.
17(Source: P.A. 102-257, eff. 1-1-22.)
 
18    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
19    Sec. 21. (1) The funeral director or person acting as such
20who first assumes custody of a dead body or fetus shall make a
21written report to the registrar of the district in which death
22occurred or in which the body or fetus was found within 24
23hours after taking custody of the body or fetus on a form
24prescribed and furnished by the State Registrar and in
25accordance with the rules promulgated by the State Registrar.

 

 

SB2643- 40 -LRB103 35293 RPS 65331 b

1Except as specified in paragraph (2) of this Section, the
2written report shall serve as a permit to transport, bury, or
3entomb the body or fetus within this State, provided that the
4funeral director or person acting as such shall certify that
5the certifying health care professional who, within 12 months
6prior to the date of the patient's death, was treating or
7managing treatment of the patient's illness or condition which
8resulted in death has been contacted and has affirmatively
9stated that he or she will sign the medical certificate of
10death or the fetal death certificate. If a funeral director
11fails to file written reports under this Section in a timely
12manner, the local registrar may suspend the funeral director's
13privilege of filing written reports by mail. In a county with a
14population greater than 3,000,000, if a funeral director or
15person acting as such inters or entombs a dead body without
16having previously certified that the certifying health care
17professional who, within 12 months prior to the date of the
18patient's death, was treating or managing treatment of the
19patient's illness or condition that resulted in death has been
20contacted and has affirmatively stated that he or she will
21sign the medical certificate of death, then that funeral
22director or person acting as such is responsible for payment
23of the specific costs incurred by the county medical examiner
24in disinterring and reinterring or reentombing the dead body.
25    (2) The written report as specified in paragraph (1) of
26this Section shall not serve as a permit to:

 

 

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1        (a) Remove body or fetus from this State;
2        (b) Cremate the body or fetus; or
3        (c) Make disposal of any body or fetus in any manner
4    when death is subject to the coroner's or medical
5    examiner's investigation.
6    (3) In accordance with the provisions of paragraph (2) of
7this Section the funeral director or person acting as such who
8first assumes custody of a dead body or fetus shall obtain a
9permit for disposition of such dead human body prior to final
10disposition or removal from the State of the body or fetus.
11Such permit shall be issued by the registrar of the district
12where death occurred or the body or fetus was found. No such
13permit shall be issued until a properly completed certificate
14of death has been filed with the registrar, the deceased is
15provided with a unique identifier, and chain of custody
16documentation has been provided. The registrar shall insure
17the issuance of a permit for disposition within an expedited
18period of time to accommodate Sunday or holiday burials of
19decedents whose time of death and religious tenets or beliefs
20necessitate Sunday or holiday burials.
21    (4) A permit which accompanies a dead body or fetus
22brought into this State shall be authority for final
23disposition of the body or fetus in this State, except in
24municipalities where local ordinance requires the issuance of
25a local permit prior to disposition.
26    (5) A permit for disposition of a dead human body shall be

 

 

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1required prior to disinterment of a dead body or fetus, and
2when the disinterred body is to be shipped by a common carrier.
3Such permit shall be issued to a licensed funeral director or
4person acting as such, upon proper application, by the local
5registrar of the district in which disinterment is to be made.
6In the case of disinterment, proper application shall include
7a statement providing the name and address of any surviving
8spouse of the deceased, or, if none, any surviving children of
9the deceased, or if no surviving spouse or children, a parent,
10brother, or sister of the deceased. The application shall
11indicate whether the applicant is one of these parties and, if
12so, whether the applicant is a surviving spouse or a surviving
13child. Prior to the issuance of a permit for disinterment, the
14local registrar shall, by certified mail, notify the surviving
15spouse, unless he or she is the applicant, or if there is no
16surviving spouse, all surviving children except for the
17applicant, of the application for the permit. The person or
18persons notified shall have 30 days from the mailing of the
19notice to object by obtaining an injunction enjoining the
20issuance of the permit. After the 30-day period has expired,
21the local registrar shall issue the permit unless he or she has
22been enjoined from doing so or there are other statutory
23grounds for refusal. The notice to the spouse or surviving
24children shall inform the person or persons being notified of
25the right to seek an injunction within 30 days.
26Notwithstanding any other provision of this subsection (5), a

 

 

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1court may order issuance of a permit for disinterment without
2notice or prior to the expiration of the 30-day period where
3the petition is made by an agency of any governmental unit and
4good cause is shown for disinterment without notice or for the
5early order. Nothing in this subsection (5) limits the
6authority of the City of Chicago to acquire property or
7otherwise exercise its powers under the O'Hare Modernization
8Act or requires that City, or any person acting on behalf of
9that City, to obtain a permit under this subsection (5) when
10exercising powers under the O'Hare Modernization Act. The
11Illinois Department of Transportation, and any person acting
12on its behalf under a public-private agreement entered into in
13accordance with the Public-Private Agreements for the South
14Suburban Airport Act, is exempt from this subsection (5),
15provided that the Illinois Department of Transportation, or
16any such person, takes reasonable steps to comply with the
17provisions of this subsection (5) so long as compliance does
18not interfere with the design, development, operation, or
19maintenance of the South Suburban Airport or the exercise of
20their powers under the Public-Private Agreements for the South
21Suburban Airport Act.
22(Source: P.A. 102-257, eff. 1-1-22.)
 
23    Section 997. Severability. The provisions of this Act are
24severable under Section 1.31 of the Statute on Statutes.
 
25    Section 999. Effective date. This Act takes effect upon

 

 

SB2643- 44 -LRB103 35293 RPS 65331 b

1becoming law.