Illinois General Assembly - Full Text of HB5357
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Full Text of HB5357  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 and 18 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, 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(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22.)
14    (410 ILCS 535/18)  (from Ch. 111 1/2, par. 73-18)
15    Sec. 18. (1) Each death which occurs in this State shall be
16registered by filing a death certificate with the local
17registrar of the district in which the death occurred or the
18body was found, within 7 days after such death (within 5 days
19if the death occurs prior to January 1, 1989) and prior to
20cremation or removal of the body from the State, except when
21death is subject to investigation by the coroner or medical
23        (a) For the purposes of this Section, if the place of
24    death is unknown, a death certificate shall be filed in
25    the registration district in which a dead body is found,



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



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



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1Children and Family Services. The Department of Children and
2Family Services shall (i) collect this information for use by
3Child Death Review Teams and (ii) compile and maintain this
4information as part of its Annual Child Death Review Team
5Report to the General Assembly.
6    (3.5) The medical certification of cause of death shall
7expressly provide an opportunity for the person completing the
8certification to indicate that the death was caused in whole
9or in part by a dementia-related disease, Parkinson's Disease,
10or Parkinson-Dementia Complex.
11    (4) When the deceased was a veteran of any war of the
12United States, the funeral director shall prepare a
13"Certificate of Burial of U. S. War Veteran", as prescribed
14and furnished by the Illinois Department of Veterans' Affairs,
15and submit such certificate to the Illinois Department of
16Veterans' Affairs monthly.
17    (5) When a death is presumed to have occurred in this State
18but the body cannot be located, a death certificate may be
19prepared by the State Registrar upon receipt of an order of a
20court of competent jurisdiction which includes the finding of
21facts required to complete the death certificate. Such death
22certificate shall be marked "Presumptive" and shall show on
23its face the date of the registration and shall identify the
24court and the date of the judgment.
25(Source: P.A. 102-257, eff. 1-1-22.)