Full Text of HB0214 102nd General Assembly
HB0214 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0214 Introduced 1/22/2021, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 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 |
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Amends the Vital Records Act. Provides that death certificates and medical certifications may be completed and signed by advanced practice registered nurses. Makes other changes. Effective January 1, 2022.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Sections 18, 20, and 21 as follows:
| 6 | | (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
| 7 | | Sec. 18. (1) Each death which occurs in this State shall be | 8 | | registered
by filing a death certificate with the local | 9 | | registrar
of the district in which the death occurred or the | 10 | | body was found, within
7 days after such death (within 5 days | 11 | | if the death occurs prior to
January 1, 1989) and prior to | 12 | | cremation or removal of the body from
the State, except when | 13 | | death is subject to investigation by the coroner or
medical | 14 | | examiner.
| 15 | | (a) For the purposes of this Section, if the place of | 16 | | death is unknown,
a death certificate shall be filed in | 17 | | the registration district in which
a dead body is found, | 18 | | which shall be considered the place of death.
| 19 | | (b) When a death occurs on a moving conveyance, the | 20 | | place where the body
is first removed from the conveyance | 21 | | shall be considered the place of death
and a death | 22 | | certificate shall be filed in the registration district in
| 23 | | which such place is located.
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| 1 | | (c) The funeral director who first assumes
custody of | 2 | | a dead body shall be responsible for filing a completed | 3 | | death
certificate. He or she shall obtain the personal | 4 | | data from the next
of kin or the best qualified person or | 5 | | source available; he or she shall enter
on the certificate | 6 | | the name, relationship,
and address of the his informant; | 7 | | he or she shall enter the date, place, and method
of final | 8 | | disposition; he or she shall affix his or her own | 9 | | signature and enter his or her address;
and shall present | 10 | | the certificate to the person responsible for completing
| 11 | | the medical certification of cause of death. The person | 12 | | responsible for completing
the medical certification of | 13 | | cause of death must note the presence of | 14 | | methicillin-resistant staphylococcus aureus, clostridium | 15 | | difficile, or vancomycin-resistant enterococci if it is a | 16 | | contributing factor to or the cause of death. Additional | 17 | | multi-drug resistant organisms (MDROs) may be added to | 18 | | this list by the Department by rule.
| 19 | | (2) The medical certification shall be completed and | 20 | | signed within 48
hours after death by the physician or | 21 | | advanced practice registered nurse in charge of the patient's | 22 | | care for the
illness or condition which resulted in death, | 23 | | except when death is subject
to the coroner's or medical | 24 | | examiner's investigation. In the absence of
the physician or | 25 | | advanced practice registered nurse or with his or her | 26 | | approval, the medical certificate may be
completed and signed |
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| 1 | | by his or her associate physician or advanced practice | 2 | | registered nurse , the chief medical officer
of the institution | 3 | | in which death occurred , or by the physician who
performed an | 4 | | autopsy upon the decedent.
| 5 | | (3) When a death occurs without medical attendance, or | 6 | | when it is otherwise
subject to the coroner's or medical | 7 | | examiner's investigation, the coroner
or medical examiner | 8 | | shall be responsible for the completion of a coroner's
or | 9 | | medical examiner's certificate of death and shall sign the | 10 | | medical
certification within 48 hours after death, except as | 11 | | provided by regulation
in special problem cases. If the | 12 | | decedent was under the age of 18 years at the time of his or | 13 | | her death, and the death was due to injuries suffered as a | 14 | | result of a motor vehicle backing over a child, or if the death | 15 | | occurred due to the power window of a motor vehicle, the | 16 | | coroner or medical examiner must send a copy of the medical | 17 | | certification, with information documenting that the death was | 18 | | due to a vehicle backing over the child or that the death was | 19 | | caused by a power window of a vehicle, to the Department of | 20 | | Children and Family Services. The Department of Children and | 21 | | Family Services shall (i) collect this information for use by | 22 | | Child Death Review Teams and (ii) compile and maintain this | 23 | | information as part of its Annual Child Death Review Team | 24 | | Report to the General Assembly.
| 25 | | (3.5) The medical certification of cause of death shall | 26 | | expressly provide
an
opportunity for the person completing the
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| 1 | | certification to indicate that the death was caused in whole | 2 | | or in part by a
dementia-related disease, Parkinson's Disease, | 3 | | or Parkinson-Dementia Complex.
| 4 | | (4) When the deceased was a veteran of any war of the | 5 | | United States, the
funeral director shall prepare a | 6 | | "Certificate of Burial of U. S. War Veteran",
as prescribed | 7 | | and furnished by the Illinois Department of Veterans' Affairs,
| 8 | | and submit such certificate to the Illinois Department of | 9 | | Veterans' Affairs
monthly.
| 10 | | (5) When a death is presumed to have occurred in this State | 11 | | but the
body cannot be located, a death certificate may be | 12 | | prepared by the State
Registrar upon receipt of an order of a | 13 | | court of competent jurisdiction
which includes the finding of | 14 | | facts required to complete the death
certificate. Such death | 15 | | certificate shall be marked "Presumptive" and shall
show on | 16 | | its face the date of the registration and shall identify the | 17 | | court
and the date of the judgment.
| 18 | | (Source: P.A. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)
| 19 | | (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
| 20 | | Sec. 20. Fetal death; place of registration.
| 21 | | (1) Each fetal death which occurs in this State after a | 22 | | gestation
period of 20 completed weeks (and when the mother | 23 | | elects in writing to
arrange for the burial or cremation of the | 24 | | fetus under Section 11.4 of the
Hospital Licensing Act) or | 25 | | more shall be registered with the local or
subregistrar of the |
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| 1 | | district in which the delivery occurred within 7 days
after | 2 | | the delivery and before removal of the fetus from the State,
| 3 | | except as provided by regulation in special problem cases.
| 4 | | (a) For the purposes of this Section, if the place of | 5 | | fetal death
is unknown, a fetal death certificate shall be | 6 | | filed in the registration
district in which a dead fetus | 7 | | is found, which shall be considered the
place of fetal | 8 | | death.
| 9 | | (b) When a fetal death occurs on a moving conveyance, | 10 | | the city, village,
township, or road district in which the | 11 | | fetus is first removed from the
conveyance shall be | 12 | | considered the place of delivery and a fetal death
| 13 | | certificate shall be filed in the registration district in | 14 | | which the place
is located.
| 15 | | (c) The funeral director or person acting as such who | 16 | | first assumes
custody of a fetus shall file the | 17 | | certificate. The personal data shall be
obtained from the | 18 | | best qualified person or source available. The name,
| 19 | | relationship, and address of the informant shall be | 20 | | entered on
the certificate. The date, place, and method of | 21 | | final disposition of the
fetus shall be recorded over the | 22 | | personal signature and address of the
funeral director | 23 | | responsible for the disposition. The certificate shall be
| 24 | | presented to the person responsible for completing the | 25 | | medical
certification of the cause of death.
| 26 | | (2) The medical certification shall be completed and |
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| 1 | | signed within 24
hours after delivery by the physician or | 2 | | advanced practice registered nurse in attendance at or after | 3 | | delivery,
except when investigation is required under Division | 4 | | 3-3 of Article 3 of the
Counties Code and except as provided by | 5 | | regulation in special
problem cases.
| 6 | | (3) When a fetal death occurs without medical attendance | 7 | | upon the mother
at or after the delivery, or when | 8 | | investigation is required under Division
3-3 of Article 3 of | 9 | | the Counties Code, the coroner shall be responsible for
the | 10 | | completion of the fetal death certificate and shall sign the | 11 | | medical
certification within 24 hours after the delivery or | 12 | | the finding of the
fetus, except as provided by regulation in | 13 | | special problem cases.
| 14 | | (Source: P.A. 92-348, eff. 1-1-02.)
| 15 | | (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
| 16 | | Sec. 21.
(1) The funeral director or person acting as such | 17 | | who first
assumes custody of a dead body or fetus shall make a | 18 | | written report to the
registrar of the district in which death | 19 | | occurred or in which the body or
fetus was found within 24 | 20 | | hours after taking custody of the body or fetus
on a form | 21 | | prescribed and furnished by the State Registrar and in | 22 | | accordance
with the rules promulgated by the State Registrar. | 23 | | Except as specified in
paragraph (2) of this Section, the | 24 | | written report shall serve as a permit
to transport, bury , or | 25 | | entomb the body or fetus within this State, provided
that the |
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| 1 | | funeral director or person acting as such shall certify that | 2 | | the physician or advanced practice registered nurse in charge | 3 | | of the patient's care for the illness or condition
which | 4 | | resulted in death has been contacted and has affirmatively | 5 | | stated
that he or she will sign the medical certificate of | 6 | | death or the fetal death
certificate. If a funeral director
| 7 | | fails to file written
reports under this Section in a timely | 8 | | manner, the local registrar
may suspend the funeral director's | 9 | | privilege of filing written
reports by mail.
In a county with a | 10 | | population greater than 3,000,000, if a funeral director
or | 11 | | person acting as such inters or entombs a dead body
without | 12 | | having previously certified that the physician or advanced | 13 | | practice registered nurse in charge of the
patient's care for | 14 | | the illness or condition that resulted in death has been
| 15 | | contacted and has affirmatively stated that he or she will | 16 | | sign the medical
certificate of death,
then that funeral
| 17 | | director or person acting as such
is responsible for payment | 18 | | of the specific costs incurred by the county
medical examiner | 19 | | in
disinterring and reinterring or reentombing
the dead body.
| 20 | | (2) The written report as specified in paragraph (1) of | 21 | | this Section shall
not serve as a permit to:
| 22 | | (a) Remove body or fetus from this State;
| 23 | | (b) Cremate the body or fetus; or
| 24 | | (c) Make disposal of any body or fetus in any manner | 25 | | when death is subject
to the coroner's or medical | 26 | | examiner's investigation.
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| 1 | | (3) In accordance with the provisions of paragraph (2) of | 2 | | this Section
the funeral director or person acting as such who | 3 | | first assumes custody
of a dead body or fetus shall obtain a | 4 | | permit for disposition of such
dead human body prior to final | 5 | | disposition or removal from the State of the
body or fetus. | 6 | | Such permit shall be issued by the registrar of the
district | 7 | | where death occurred or the body or fetus was found. No such
| 8 | | permit shall be issued until a properly completed certificate | 9 | | of death has
been filed with the registrar. The registrar | 10 | | shall insure the issuance of
a permit for disposition within | 11 | | an expedited period of time to accommodate
Sunday or holiday | 12 | | burials of decedents whose time of death and religious
tenets | 13 | | or beliefs necessitate Sunday or holiday burials.
| 14 | | (4) A permit which accompanies a dead body or fetus | 15 | | brought into this
State shall be authority for final | 16 | | disposition of the body or fetus in this
State, except in | 17 | | municipalities where local ordinance requires the issuance
of | 18 | | a local permit prior to disposition.
| 19 | | (5) A permit for disposition of a dead human body shall be | 20 | | required
prior to disinterment of a dead body or fetus, and | 21 | | when the disinterred
body is to be shipped by a common carrier. | 22 | | Such permit shall be issued to
a licensed funeral director or | 23 | | person acting as such, upon proper
application, by the local | 24 | | registrar of the district in which disinterment
is to be made. | 25 | | In the case of disinterment, proper application shall
include | 26 | | a statement providing the name and address of any surviving |
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| 1 | | spouse
of the deceased, or, if none, any surviving children of | 2 | | the deceased, or if
no surviving spouse or children, a parent, | 3 | | brother, or sister of the
deceased. The
application shall | 4 | | indicate whether the applicant is one of these parties
and, if | 5 | | so, whether the applicant is a surviving spouse or a surviving
| 6 | | child. Prior to the issuance of a permit for disinterment, the
| 7 | | local registrar shall, by certified mail, notify the surviving | 8 | | spouse,
unless he or she is the applicant, or if there is no | 9 | | surviving spouse, all
surviving children except for the | 10 | | applicant, of the application for the
permit. The person or | 11 | | persons notified shall have 30 days from the mailing
of the | 12 | | notice to object by obtaining an injunction enjoining the | 13 | | issuance
of the permit. After the 30-day period has expired, | 14 | | the local registrar
shall issue the permit unless he or she has | 15 | | been enjoined from doing so or
there are other statutory | 16 | | grounds for refusal. The notice to the spouse or
surviving | 17 | | children shall inform the person or persons being notified of | 18 | | the
right to seek an injunction within 30 days. | 19 | | Notwithstanding any other
provision of this subsection (5), a | 20 | | court may order issuance of a permit
for disinterment without | 21 | | notice or prior to the expiration of the 30-day
period where | 22 | | the petition is made by an agency of any governmental unit and
| 23 | | good cause is shown for disinterment without notice or for the | 24 | | early order.
Nothing in this subsection (5) limits the | 25 | | authority of the City of Chicago to
acquire property or | 26 | | otherwise exercise its powers under the O'Hare
Modernization |
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| 1 | | Act or requires that City,
or
any person acting on behalf of | 2 | | that City, to obtain a permit under this
subsection (5) when | 3 | | exercising powers under the O'Hare Modernization Act. The | 4 | | Illinois Department of Transportation, and any person acting | 5 | | on its behalf under a public-private agreement entered into in | 6 | | accordance with the Public-Private Agreements for the South | 7 | | Suburban Airport Act, is exempt from this subsection (5), | 8 | | provided that the Illinois Department of Transportation, or | 9 | | any such person, takes reasonable steps to comply with the | 10 | | provisions of this subsection (5) so long as compliance does | 11 | | not interfere with the design, development, operation, or | 12 | | maintenance of the South Suburban Airport or the exercise of | 13 | | their powers under the Public-Private Agreements for the South | 14 | | Suburban Airport Act.
| 15 | | (Source: P.A. 98-109, eff. 7-25-13.)
| 16 | | Section 99. Effective date. This Act takes effect January | 17 | | 1, 2022.
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