Full Text of SB3498 102nd General Assembly
SB3498eng 102ND GENERAL ASSEMBLY |
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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 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 | 8 | | requires:
| 9 | | (1) "Vital records" means records of births, deaths, fetal | 10 | | deaths,
marriages, dissolution of marriages, and data related | 11 | | thereto.
| 12 | | (2) "System of vital records" includes the registration, | 13 | | collection,
preservation, amendment, and certification of | 14 | | vital records, and
activities related thereto.
| 15 | | (3) "Filing" means the presentation of a certificate, | 16 | | report, or
other record provided for in this Act, of a birth, | 17 | | death, fetal death,
adoption, marriage, or dissolution of | 18 | | marriage, for registration by the Office of Vital
Records.
| 19 | | (4) "Registration" means the acceptance by the Office of | 20 | | Vital
Records and the incorporation in its official records of | 21 | | certificates,
reports, or other records provided for in this | 22 | | Act, of births, deaths,
fetal deaths, adoptions, marriages, or | 23 | | dissolution of marriages.
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| 1 | | (5) "Live birth" means the complete expulsion or | 2 | | extraction from its
mother of a product of human conception, | 3 | | irrespective of the duration of
pregnancy, which after such | 4 | | separation breathes or shows any other
evidence of life such | 5 | | as beating of the heart, pulsation of the
umbilical cord, or | 6 | | definite movement of voluntary muscles, whether or
not the | 7 | | umbilical cord has been cut or the placenta is attached.
| 8 | | (6) "Fetal death" means death prior to the complete | 9 | | expulsion or
extraction from the uterus of a product of human | 10 | | conception,
irrespective of the duration of pregnancy, and | 11 | | which is not due to an abortion as defined in Section 1-10 of | 12 | | the Reproductive Health Act. The death is indicated by the
| 13 | | fact that after such separation the fetus does not breathe or | 14 | | show any
other evidence of life such as beating of the heart, | 15 | | pulsation of the
umbilical cord, or definite movement of | 16 | | voluntary muscles.
| 17 | | (7) "Dead body" means a lifeless human body or parts of | 18 | | such body or
bones thereof from the state of which it may | 19 | | reasonably be concluded
that death has occurred.
| 20 | | (8) "Final disposition" means the burial, cremation, or | 21 | | other
disposition of a dead human body or fetus or parts | 22 | | thereof.
| 23 | | (9) "Physician" means a person licensed to practice | 24 | | medicine in
Illinois or any other state.
| 25 | | (10) "Institution" means any establishment, public or | 26 | | private, which
provides in-patient medical, surgical, or |
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| 1 | | diagnostic care or treatment,
or nursing, custodial, or | 2 | | domiciliary care to 2 or more unrelated
individuals, or to | 3 | | which persons are committed by law.
| 4 | | (11) "Department" means the Department of Public Health of | 5 | | the State
of Illinois.
| 6 | | (12) "Director" means the Director of the Illinois | 7 | | Department of
Public Health.
| 8 | | (13) "Licensed health care professional" means a person | 9 | | licensed to practice as a physician, advanced practice | 10 | | registered nurse, or physician assistant in Illinois or any | 11 | | other state. | 12 | | (14) "Licensed mental health professional" means a person | 13 | | who is licensed or registered to provide mental health | 14 | | services by the Department of Financial and Professional | 15 | | Regulation or a board of registration duly authorized to | 16 | | register or grant licenses to persons engaged in the practice | 17 | | of providing mental health services in Illinois or any other | 18 | | state. | 19 | | (15) "Intersex condition" means a condition in which a | 20 | | person is born with a reproductive or sexual anatomy or | 21 | | chromosome pattern that does not fit typical definitions of | 22 | | male or female. | 23 | | (16) "Homeless person" means an individual who meets the | 24 | | definition of "homeless" under Section 103 of the federal | 25 | | McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an | 26 | | individual residing in any of the living situations described |
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| 1 | | in 42 U.S.C. 11434a(2). | 2 | | (17) "Advanced practice registered nurse" means: (i) an | 3 | | advanced practice registered nurse with full practice | 4 | | authority; or (ii) an advanced practice registered nurse with | 5 | | a collaborative agreement with a physician who has delegated | 6 | | the completion of death certificates. | 7 | | (18) "Certifying health care professional" means a | 8 | | physician , physician assistant, or advanced practice | 9 | | registered nurse. | 10 | | (19) "Physician assistant" means a physician assistant who | 11 | | practices in accordance with a written collaborative agreement | 12 | | that 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 | 16 | | registered
by filing a death certificate with the local | 17 | | registrar
of the district in which the death occurred or the | 18 | | body was found, within
7 days after such death (within 5 days | 19 | | if the death occurs prior to
January 1, 1989) and prior to | 20 | | cremation or removal of the body from
the State, except when | 21 | | death is subject to investigation by the coroner or
medical | 22 | | examiner.
| 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 | 26 | | signed within 48
hours after death by the certifying health |
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| 1 | | care professional who, within 12 months prior to the date of | 2 | | the patient's death, was treating or managing treatment of the | 3 | | patient's
illness or condition which resulted in death, except | 4 | | when death is subject
to the coroner's or medical examiner's | 5 | | investigation. In the absence of
the certifying health care | 6 | | professional or with his or her approval, the medical | 7 | | certificate may be
completed and signed by his or her | 8 | | associate physician or advanced practice registered nurse , | 9 | | physician assistant , the chief medical officer
of the | 10 | | institution in which death occurred, or by the physician who
| 11 | | performed an autopsy upon the decedent.
| 12 | | (3) When a death occurs without medical attendance, or | 13 | | when it is otherwise
subject to the coroner's or medical | 14 | | examiner's investigation, the coroner
or medical examiner | 15 | | shall be responsible for the completion of a coroner's
or | 16 | | medical examiner's certificate of death and shall sign the | 17 | | medical
certification within 48 hours after death, except as | 18 | | provided by regulation
in special problem cases. If the | 19 | | decedent was under the age of 18 years at the time of his or | 20 | | her death, and the death was due to injuries suffered as a | 21 | | result of a motor vehicle backing over a child, or if the death | 22 | | occurred due to the power window of a motor vehicle, the | 23 | | coroner or medical examiner must send a copy of the medical | 24 | | certification, with information documenting that the death was | 25 | | due to a vehicle backing over the child or that the death was | 26 | | caused by a power window of a vehicle, to the Department of |
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| 1 | | Children and Family Services. The Department of Children and | 2 | | Family Services shall (i) collect this information for use by | 3 | | Child Death Review Teams and (ii) compile and maintain this | 4 | | information as part of its Annual Child Death Review Team | 5 | | Report to the General Assembly.
| 6 | | (3.5) The medical certification of cause of death shall | 7 | | expressly provide
an
opportunity for the person completing the
| 8 | | certification to indicate that the death was caused in whole | 9 | | or in part by a
dementia-related disease, Parkinson's Disease, | 10 | | or Parkinson-Dementia Complex.
| 11 | | (4) When the deceased was a veteran of any war of the | 12 | | United States, the
funeral director shall prepare a | 13 | | "Certificate of Burial of U. S. War Veteran",
as prescribed | 14 | | and furnished by the Illinois Department of Veterans' Affairs,
| 15 | | and submit such certificate to the Illinois Department of | 16 | | Veterans' Affairs
monthly.
| 17 | | (5) When a death is presumed to have occurred in this State | 18 | | but the
body cannot be located, a death certificate may be | 19 | | prepared by the State
Registrar upon receipt of an order of a | 20 | | court of competent jurisdiction
which includes the finding of | 21 | | facts required to complete the death
certificate. Such death | 22 | | certificate shall be marked "Presumptive" and shall
show on | 23 | | its face the date of the registration and shall identify the | 24 | | court
and the date of the judgment.
| 25 | | (Source: P.A. 102-257, eff. 1-1-22 .)
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