Illinois General Assembly - Full Text of HB0214
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Full Text of HB0214  102nd General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Vital Records Act is amended by changing
5Sections 1, 18, 20, and 21 as follows:
6    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
7    Sec. 1. As used in this Act, unless the context otherwise
9    (1) "Vital records" means records of births, deaths, fetal
10deaths, marriages, dissolution of marriages, and data related
12    (2) "System of vital records" includes the registration,
13collection, preservation, amendment, and certification of
14vital records, and activities related thereto.
15    (3) "Filing" means the presentation of a certificate,
16report, or other record provided for in this Act, of a birth,
17death, fetal death, adoption, marriage, or dissolution of
18marriage, for registration by the Office of Vital Records.
19    (4) "Registration" means the acceptance by the Office of
20Vital Records and the incorporation in its official records of
21certificates, reports, or other records provided for in this
22Act, of births, deaths, fetal deaths, adoptions, marriages, or
23dissolution of marriages.



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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
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



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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
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



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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 or advanced practice registered nurse.
9(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
10100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)
11    (410 ILCS 535/18)  (from Ch. 111 1/2, par. 73-18)
12    Sec. 18. (1) Each death which occurs in this State shall be
13registered by filing a death certificate with the local
14registrar of the district in which the death occurred or the
15body was found, within 7 days after such death (within 5 days
16if the death occurs prior to January 1, 1989) and prior to
17cremation or removal of the body from the State, except when
18death is subject to investigation by the coroner or medical
20        (a) For the purposes of this Section, if the place of
21    death is unknown, a death certificate shall be filed in
22    the registration district in which a dead body is found,
23    which shall be considered the place of death.
24        (b) When a death occurs on a moving conveyance, the
25    place where the body is first removed from the conveyance



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1    shall be considered the place of death and a death
2    certificate shall be filed in the registration district in
3    which such place is located.
4        (c) The funeral director who first assumes custody of
5    a dead body shall be responsible for filing a completed
6    death certificate. He or she shall obtain the personal
7    data from the next of kin or the best qualified person or
8    source available; he or she shall enter on the certificate
9    the name, relationship, and address of the his informant;
10    he or she shall enter the date, place, and method of final
11    disposition; he or she shall affix his or her own
12    signature and enter his or her address; and shall present
13    the certificate to the person responsible for completing
14    the medical certification of cause of death. The person
15    responsible for completing the medical certification of
16    cause of death must note the presence of
17    methicillin-resistant staphylococcus aureus, clostridium
18    difficile, or vancomycin-resistant enterococci if it is a
19    contributing factor to or the cause of death. Additional
20    multi-drug resistant organisms (MDROs) may be added to
21    this list by the Department by rule.
22    (2) The medical certification shall be completed and
23signed within 48 hours after death by the certifying health
24care professional who, within 12 months prior to the date of
25the patient's death, was treating or managing treatment
26physician in charge of the patient's care for the illness or



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



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1information as part of its Annual Child Death Review Team
2Report to the General Assembly.
3    (3.5) The medical certification of cause of death shall
4expressly provide an opportunity for the person completing the
5certification to indicate that the death was caused in whole
6or in part by a dementia-related disease, Parkinson's Disease,
7or Parkinson-Dementia Complex.
8    (4) When the deceased was a veteran of any war of the
9United States, the funeral director shall prepare a
10"Certificate of Burial of U. S. War Veteran", as prescribed
11and furnished by the Illinois Department of Veterans' Affairs,
12and submit such certificate to the Illinois Department of
13Veterans' Affairs monthly.
14    (5) When a death is presumed to have occurred in this State
15but the body cannot be located, a death certificate may be
16prepared by the State Registrar upon receipt of an order of a
17court of competent jurisdiction which includes the finding of
18facts required to complete the death certificate. Such death
19certificate shall be marked "Presumptive" and shall show on
20its face the date of the registration and shall identify the
21court and the date of the judgment.
22(Source: P.A. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)
23    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
24    Sec. 20. Fetal death; place of registration.
25    (1) Each fetal death which occurs in this State after a



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1gestation period of 20 completed weeks (and when the mother
2elects in writing to arrange for the burial or cremation of the
3fetus under Section 11.4 of the Hospital Licensing Act) or
4more shall be registered with the local or subregistrar of the
5district in which the delivery occurred within 7 days after
6the delivery and before removal of the fetus from the State,
7except as provided by regulation in special problem cases.
8        (a) For the purposes of this Section, if the place of
9    fetal death is unknown, a fetal death certificate shall be
10    filed in the registration district in which a dead fetus
11    is found, which shall be considered the place of fetal
12    death.
13        (b) When a fetal death occurs on a moving conveyance,
14    the city, village, township, or road district in which the
15    fetus is first removed from the conveyance shall be
16    considered the place of delivery and a fetal death
17    certificate shall be filed in the registration district in
18    which the place is located.
19        (c) The funeral director or person acting as such who
20    first assumes custody of a fetus shall file the
21    certificate. The personal data shall be obtained from the
22    best qualified person or source available. The name,
23    relationship, and address of the informant shall be
24    entered on the certificate. The date, place, and method of
25    final disposition of the fetus shall be recorded over the
26    personal signature and address of the funeral director



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1    responsible for the disposition. The certificate shall be
2    presented to the person responsible for completing the
3    medical certification of the cause of death.
4    (2) The medical certification shall be completed and
5signed within 24 hours after delivery by the certifying health
6care professional physician in attendance at or after
7delivery, except when investigation is required under Division
83-3 of Article 3 of the Counties Code and except as provided by
9regulation in special problem cases.
10    (3) When a fetal death occurs without medical attendance
11upon the mother at or after the delivery, or when
12investigation is required under Division 3-3 of Article 3 of
13the Counties Code, the coroner shall be responsible for the
14completion of the fetal death certificate and shall sign the
15medical certification within 24 hours after the delivery or
16the finding of the fetus, except as provided by regulation in
17special problem cases.
18(Source: P.A. 92-348, eff. 1-1-02.)
19    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
20    Sec. 21. (1) The funeral director or person acting as such
21who first assumes custody of a dead body or fetus shall make a
22written report to the registrar of the district in which death
23occurred or in which the body or fetus was found within 24
24hours after taking custody of the body or fetus on a form
25prescribed and furnished by the State Registrar and in



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1accordance with the rules promulgated by the State Registrar.
2Except as specified in paragraph (2) of this Section, the
3written report shall serve as a permit to transport, bury, or
4entomb the body or fetus within this State, provided that the
5funeral director or person acting as such shall certify that
6the certifying health care professional who, within 12 months
7prior to the date of the patient's death, was treating or
8managing treatment physician in charge of the patient's care
9for the illness or condition which resulted in death has been
10contacted and has affirmatively stated that he or she will
11sign the medical certificate of death or the fetal death
12certificate. If a funeral director fails to file written
13reports under this Section in a timely manner, the local
14registrar may suspend the funeral director's privilege of
15filing written reports by mail. In a county with a population
16greater than 3,000,000, if a funeral director or person acting
17as such inters or entombs a dead body without having
18previously certified that the certifying health care
19professional who, within 12 months prior to the date of the
20patient's death, was treating or managing treatment physician
21in charge of the patient's care for the illness or condition
22that resulted in death has been contacted and has
23affirmatively stated that he or she will sign the medical
24certificate of death, then that funeral director or person
25acting as such is responsible for payment of the specific
26costs incurred by the county medical examiner in disinterring



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1and reinterring or reentombing the dead body.
2    (2) The written report as specified in paragraph (1) of
3this Section shall not serve as a permit to:
4        (a) Remove body or fetus from this State;
5        (b) Cremate the body or fetus; or
6        (c) Make disposal of any body or fetus in any manner
7    when death is subject to the coroner's or medical
8    examiner's investigation.
9    (3) In accordance with the provisions of paragraph (2) of
10this Section the funeral director or person acting as such who
11first assumes custody of a dead body or fetus shall obtain a
12permit for disposition of such dead human body prior to final
13disposition or removal from the State of the body or fetus.
14Such permit shall be issued by the registrar of the district
15where death occurred or the body or fetus was found. No such
16permit shall be issued until a properly completed certificate
17of death has been filed with the registrar. The registrar
18shall insure the issuance of a permit for disposition within
19an expedited period of time to accommodate Sunday or holiday
20burials of decedents whose time of death and religious tenets
21or beliefs necessitate Sunday or holiday burials.
22    (4) A permit which accompanies a dead body or fetus
23brought into this State shall be authority for final
24disposition of the body or fetus in this State, except in
25municipalities where local ordinance requires the issuance of
26a local permit prior to disposition.



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



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1Notwithstanding any other provision of this subsection (5), a
2court may order issuance of a permit for disinterment without
3notice or prior to the expiration of the 30-day period where
4the petition is made by an agency of any governmental unit and
5good cause is shown for disinterment without notice or for the
6early order. Nothing in this subsection (5) limits the
7authority of the City of Chicago to acquire property or
8otherwise exercise its powers under the O'Hare Modernization
9Act or requires that City, or any person acting on behalf of
10that City, to obtain a permit under this subsection (5) when
11exercising powers under the O'Hare Modernization Act. The
12Illinois Department of Transportation, and any person acting
13on its behalf under a public-private agreement entered into in
14accordance with the Public-Private Agreements for the South
15Suburban Airport Act, is exempt from this subsection (5),
16provided that the Illinois Department of Transportation, or
17any such person, takes reasonable steps to comply with the
18provisions of this subsection (5) so long as compliance does
19not interfere with the design, development, operation, or
20maintenance of the South Suburban Airport or the exercise of
21their powers under the Public-Private Agreements for the South
22Suburban Airport Act.
23(Source: P.A. 98-109, eff. 7-25-13.)
24    Section 99. Effective date. This Act takes effect January
251, 2022.