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


Sen. Sara Feigenholtz

Filed: 4/30/2021





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2    AMENDMENT NO. ______. Amend House Bill 214 by replacing
3everything after the enacting clause with the following:
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,



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1death, fetal death, adoption, marriage, or dissolution of
2marriage, for registration by the Office of Vital Records.
3    (4) "Registration" means the acceptance by the Office of
4Vital Records and the incorporation in its official records of
5certificates, reports, or other records provided for in this
6Act, of births, deaths, fetal deaths, adoptions, marriages, or
7dissolution of marriages.
8    (5) "Live birth" means the complete expulsion or
9extraction from its mother of a product of human conception,
10irrespective of the duration of pregnancy, which after such
11separation breathes or shows any other evidence of life such
12as beating of the heart, pulsation of the umbilical cord, or
13definite movement of voluntary muscles, whether or not the
14umbilical cord has been cut or the placenta is attached.
15    (6) "Fetal death" means death prior to the complete
16expulsion or extraction from the uterus of a product of human
17conception, irrespective of the duration of pregnancy, and
18which is not due to an abortion as defined in Section 1-10 of
19the Reproductive Health Act. The death is indicated by the
20fact that after such separation the fetus does not breathe or
21show any other evidence of life such as beating of the heart,
22pulsation of the umbilical cord, or definite movement of
23voluntary muscles.
24    (7) "Dead body" means a lifeless human body or parts of
25such body or bones thereof from the state of which it may
26reasonably be concluded that death has occurred.



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1    (8) "Final disposition" means the burial, cremation, or
2other disposition of a dead human body or fetus or parts
4    (9) "Physician" means a person licensed to practice
5medicine in Illinois or any other state.
6    (10) "Institution" means any establishment, public or
7private, which provides in-patient medical, surgical, or
8diagnostic care or treatment, or nursing, custodial, or
9domiciliary care to 2 or more unrelated individuals, or to
10which persons are committed by law.
11    (11) "Department" means the Department of Public Health of
12the State of Illinois.
13    (12) "Director" means the Director of the Illinois
14Department of Public Health.
15    (13) "Licensed health care professional" means a person
16licensed to practice as a physician, advanced practice
17registered nurse, or physician assistant in Illinois or any
18other state.
19    (14) "Licensed mental health professional" means a person
20who is licensed or registered to provide mental health
21services by the Department of Financial and Professional
22Regulation or a board of registration duly authorized to
23register or grant licenses to persons engaged in the practice
24of providing mental health services in Illinois or any other
26    (15) "Intersex condition" means a condition in which a



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1person is born with a reproductive or sexual anatomy or
2chromosome pattern that does not fit typical definitions of
3male or female.
4    (16) "Homeless person" means an individual who meets the
5definition of "homeless" under Section 103 of the federal
6McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
7individual residing in any of the living situations described
8in 42 U.S.C. 11434a(2).
9    (17) "Advanced practice registered nurse" means: (i) an
10advanced practice registered nurse with full practice
11authority; or (ii) an advanced practice registered nurse with
12a collaborative agreement with a physician who has delegated
13the completion of death certificates.
14    (18) "Certifying health care professional" means a
15physician or advanced practice registered nurse.
16(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
17100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)
18    (410 ILCS 535/18)  (from Ch. 111 1/2, par. 73-18)
19    Sec. 18. (1) Each death which occurs in this State shall be
20registered by filing a death certificate with the local
21registrar of the district in which the death occurred or the
22body was found, within 7 days after such death (within 5 days
23if the death occurs prior to January 1, 1989) and prior to
24cremation or removal of the body from the State, except when
25death is subject to investigation by the coroner or medical



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



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



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1coroner or medical examiner must send a copy of the medical
2certification, with information documenting that the death was
3due to a vehicle backing over the child or that the death was
4caused by a power window of a vehicle, to the Department of
5Children and Family Services. The Department of Children and
6Family Services shall (i) collect this information for use by
7Child Death Review Teams and (ii) compile and maintain this
8information as part of its Annual Child Death Review Team
9Report to the General Assembly.
10    (3.5) The medical certification of cause of death shall
11expressly provide an opportunity for the person completing the
12certification to indicate that the death was caused in whole
13or in part by a dementia-related disease, Parkinson's Disease,
14or Parkinson-Dementia Complex.
15    (4) When the deceased was a veteran of any war of the
16United States, the funeral director shall prepare a
17"Certificate of Burial of U. S. War Veteran", as prescribed
18and furnished by the Illinois Department of Veterans' Affairs,
19and submit such certificate to the Illinois Department of
20Veterans' Affairs monthly.
21    (5) When a death is presumed to have occurred in this State
22but the body cannot be located, a death certificate may be
23prepared by the State Registrar upon receipt of an order of a
24court of competent jurisdiction which includes the finding of
25facts required to complete the death certificate. Such death
26certificate shall be marked "Presumptive" and shall show on



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1its face the date of the registration and shall identify the
2court and the date of the judgment.
3(Source: P.A. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)
4    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
5    Sec. 20. Fetal death; place of registration.
6    (1) Each fetal death which occurs in this State after a
7gestation period of 20 completed weeks (and when the mother
8elects in writing to arrange for the burial or cremation of the
9fetus under Section 11.4 of the Hospital Licensing Act) or
10more shall be registered with the local or subregistrar of the
11district in which the delivery occurred within 7 days after
12the delivery and before removal of the fetus from the State,
13except as provided by regulation in special problem cases.
14        (a) For the purposes of this Section, if the place of
15    fetal death is unknown, a fetal death certificate shall be
16    filed in the registration district in which a dead fetus
17    is found, which shall be considered the place of fetal
18    death.
19        (b) When a fetal death occurs on a moving conveyance,
20    the city, village, township, or road district in which the
21    fetus is first removed from the conveyance shall be
22    considered the place of delivery and a fetal death
23    certificate shall be filed in the registration district in
24    which the place is located.
25        (c) The funeral director or person acting as such who



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1    first assumes custody of a fetus shall file the
2    certificate. The personal data shall be obtained from the
3    best qualified person or source available. The name,
4    relationship, and address of the informant shall be
5    entered on the certificate. The date, place, and method of
6    final disposition of the fetus shall be recorded over the
7    personal signature and address of the funeral director
8    responsible for the disposition. The certificate shall be
9    presented to the person responsible for completing the
10    medical certification of the cause of death.
11    (2) The medical certification shall be completed and
12signed within 24 hours after delivery by the certifying health
13care professional physician in attendance at or after
14delivery, except when investigation is required under Division
153-3 of Article 3 of the Counties Code and except as provided by
16regulation in special problem cases.
17    (3) When a fetal death occurs without medical attendance
18upon the mother at or after the delivery, or when
19investigation is required under Division 3-3 of Article 3 of
20the Counties Code, the coroner shall be responsible for the
21completion of the fetal death certificate and shall sign the
22medical certification within 24 hours after the delivery or
23the finding of the fetus, except as provided by regulation in
24special problem cases.
25(Source: P.A. 92-348, eff. 1-1-02.)



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1    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
2    Sec. 21. (1) The funeral director or person acting as such
3who first assumes custody of a dead body or fetus shall make a
4written report to the registrar of the district in which death
5occurred or in which the body or fetus was found within 24
6hours after taking custody of the body or fetus on a form
7prescribed and furnished by the State Registrar and in
8accordance with the rules promulgated by the State Registrar.
9Except as specified in paragraph (2) of this Section, the
10written report shall serve as a permit to transport, bury, or
11entomb the body or fetus within this State, provided that the
12funeral director or person acting as such shall certify that
13the certifying health care professional who, within 12 months
14prior to the date of the patient's death, was treating or
15managing treatment physician in charge of the patient's care
16for the illness or condition which resulted in death has been
17contacted and has affirmatively stated that he or she will
18sign the medical certificate of death or the fetal death
19certificate. If a funeral director fails to file written
20reports under this Section in a timely manner, the local
21registrar may suspend the funeral director's privilege of
22filing written reports by mail. In a county with a population
23greater than 3,000,000, if a funeral director or person acting
24as such inters or entombs a dead body without having
25previously certified that the certifying health care
26professional who, within 12 months prior to the date of the



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1patient's death, was treating or managing treatment physician
2in charge of the patient's care for the illness or condition
3that resulted in death has been contacted and has
4affirmatively stated that he or she will sign the medical
5certificate of death, then that funeral director or person
6acting as such is responsible for payment of the specific
7costs incurred by the county medical examiner in disinterring
8and reinterring or reentombing the dead body.
9    (2) The written report as specified in paragraph (1) of
10this Section shall not serve as a permit to:
11        (a) Remove body or fetus from this State;
12        (b) Cremate the body or fetus; or
13        (c) Make disposal of any body or fetus in any manner
14    when death is subject to the coroner's or medical
15    examiner's investigation.
16    (3) In accordance with the provisions of paragraph (2) of
17this Section the funeral director or person acting as such who
18first assumes custody of a dead body or fetus shall obtain a
19permit for disposition of such dead human body prior to final
20disposition or removal from the State of the body or fetus.
21Such permit shall be issued by the registrar of the district
22where death occurred or the body or fetus was found. No such
23permit shall be issued until a properly completed certificate
24of death has been filed with the registrar. The registrar
25shall insure the issuance of a permit for disposition within
26an expedited period of time to accommodate Sunday or holiday



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1burials of decedents whose time of death and religious tenets
2or beliefs necessitate Sunday or holiday burials.
3    (4) A permit which accompanies a dead body or fetus
4brought into this State shall be authority for final
5disposition of the body or fetus in this State, except in
6municipalities where local ordinance requires the issuance of
7a local permit prior to disposition.
8    (5) A permit for disposition of a dead human body shall be
9required prior to disinterment of a dead body or fetus, and
10when the disinterred body is to be shipped by a common carrier.
11Such permit shall be issued to a licensed funeral director or
12person acting as such, upon proper application, by the local
13registrar of the district in which disinterment is to be made.
14In the case of disinterment, proper application shall include
15a statement providing the name and address of any surviving
16spouse of the deceased, or, if none, any surviving children of
17the deceased, or if no surviving spouse or children, a parent,
18brother, or sister of the deceased. The application shall
19indicate whether the applicant is one of these parties and, if
20so, whether the applicant is a surviving spouse or a surviving
21child. Prior to the issuance of a permit for disinterment, the
22local registrar shall, by certified mail, notify the surviving
23spouse, unless he or she is the applicant, or if there is no
24surviving spouse, all surviving children except for the
25applicant, of the application for the permit. The person or
26persons notified shall have 30 days from the mailing of the



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1notice to object by obtaining an injunction enjoining the
2issuance of the permit. After the 30-day period has expired,
3the local registrar shall issue the permit unless he or she has
4been enjoined from doing so or there are other statutory
5grounds for refusal. The notice to the spouse or surviving
6children shall inform the person or persons being notified of
7the right to seek an injunction within 30 days.
8Notwithstanding any other provision of this subsection (5), a
9court may order issuance of a permit for disinterment without
10notice or prior to the expiration of the 30-day period where
11the petition is made by an agency of any governmental unit and
12good cause is shown for disinterment without notice or for the
13early order. Nothing in this subsection (5) limits the
14authority of the City of Chicago to acquire property or
15otherwise exercise its powers under the O'Hare Modernization
16Act or requires that City, or any person acting on behalf of
17that City, to obtain a permit under this subsection (5) when
18exercising powers under the O'Hare Modernization Act. The
19Illinois Department of Transportation, and any person acting
20on its behalf under a public-private agreement entered into in
21accordance with the Public-Private Agreements for the South
22Suburban Airport Act, is exempt from this subsection (5),
23provided that the Illinois Department of Transportation, or
24any such person, takes reasonable steps to comply with the
25provisions of this subsection (5) so long as compliance does
26not interfere with the design, development, operation, or



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1maintenance of the South Suburban Airport or the exercise of
2their powers under the Public-Private Agreements for the South
3Suburban Airport Act.
4(Source: P.A. 98-109, eff. 7-25-13.)
5    Section 99. Effective date. This Act takes effect January
61, 2022.".