Full Text of SB1703 96th General Assembly
SB1703enr 96TH GENERAL ASSEMBLY
|
|
|
SB1703 Enrolled |
|
LRB096 03472 RPM 13496 b |
|
| 1 |
| AN ACT concerning public health.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Hospital Licensing Act is amended by | 5 |
| changing Section 11.4 as follows:
| 6 |
| (210 ILCS 85/11.4)
| 7 |
| Sec. 11.4. Disposition of fetus. A hospital having custody | 8 |
| of a fetus
following a spontaneous fetal demise occurring after | 9 |
| a gestation period of less
than 20 completed weeks must notify | 10 |
| the mother
of her right to arrange for
the burial or cremation | 11 |
| of the fetus.
Notification may also include other options such | 12 |
| as, but not limited to, a
ceremony, a certificate, or common | 13 |
| burial or cremation of fetal tissue. If, within 24 hours
after | 14 |
| being notified
under this Section, the mother elects in writing | 15 |
| to arrange for the burial or
cremation of the fetus, the | 16 |
| disposition of the fetus shall be subject to the
same laws and | 17 |
| rules that apply in the case of a fetal death that occurs in | 18 |
| this
State after a gestation period of 20 completed weeks or | 19 |
| more. The
Department of Public Health shall develop forms to be | 20 |
| used for notifications
and elections under this Section
and | 21 |
| hospitals shall provide the forms to
the mother.
| 22 |
| (Source: P.A. 92-348, eff. 1-1-02.)
|
|
|
|
SB1703 Enrolled |
- 2 - |
LRB096 03472 RPM 13496 b |
|
| 1 |
| Section 10. The Crematory Regulation Act is amended by | 2 |
| changing Section 35 as follows:
| 3 |
| (410 ILCS 18/35)
| 4 |
| Sec. 35. Cremation procedures.
| 5 |
| (a) Human remains shall not be cremated within 24
hours | 6 |
| after the time of death, as indicated on the Medical
| 7 |
| Examiner's/Coroner's Certificate of Death. In any death, the | 8 |
| human remains
shall not be cremated by the crematory authority | 9 |
| until a cremation permit has
been received from the coroner or | 10 |
| medical examiner of the county in which the
death occurred and | 11 |
| the crematory authority has received a cremation
authorization | 12 |
| form, executed by an authorizing agent, in accordance with the
| 13 |
| provisions of Section 15 of this Act. In no instance, however, | 14 |
| shall the lapse
of time between the death and the cremation be | 15 |
| less than 24 hours, unless (i)
it is known the deceased has an | 16 |
| infectious or dangerous disease and that the
time requirement | 17 |
| is waived in writing by the medical examiner or coroner where
| 18 |
| the death occurred or (ii) because of a religious requirement.
| 19 |
| (b) Except as set forth in subsection (a) of this Section,
| 20 |
| a crematory authority shall have the right to schedule the | 21 |
| actual cremation
to be performed at its own convenience, at any | 22 |
| time after the human remains
have been delivered to the | 23 |
| crematory authority, unless the crematory
authority has | 24 |
| received specific instructions to the contrary on the
cremation | 25 |
| authorization form.
|
|
|
|
SB1703 Enrolled |
- 3 - |
LRB096 03472 RPM 13496 b |
|
| 1 |
| (c) No crematory authority shall cremate human remains when | 2 |
| it has actual
knowledge that human remains contain a pacemaker | 3 |
| or any other material or
implant that may be potentially | 4 |
| hazardous to the person performing the
cremation.
| 5 |
| (d) No crematory authority shall refuse to accept human | 6 |
| remains for
cremation because such human remains are not | 7 |
| embalmed.
| 8 |
| (e) Whenever a crematory authority is unable or | 9 |
| unauthorized to cremate
human remains immediately upon taking | 10 |
| custody of the remains, the crematory
authority shall place the | 11 |
| human remains in a holding facility in accordance
with the | 12 |
| crematory authority's rules and regulations.
The crematory | 13 |
| authority must notify the authorizing agent of the reasons for
| 14 |
| delay in
cremation if a properly authorized cremation is not | 15 |
| performed within any time
period expressly
contemplated in the | 16 |
| authorization.
| 17 |
| (f) A crematory authority shall not accept a casket or
| 18 |
| alternative container from which there is any evidence of the | 19 |
| leakage of
body fluids.
| 20 |
| (g) The casket or the alternative container shall be | 21 |
| cremated with
the human remains or destroyed, unless the | 22 |
| crematory authority has notified the
authorizing agent to the | 23 |
| contrary on the cremation authorization form and
obtained the | 24 |
| written consent of the authorizing agent.
| 25 |
| (h) The simultaneous cremation of the human remains of more | 26 |
| than one person
within the same cremation chamber, without the |
|
|
|
SB1703 Enrolled |
- 4 - |
LRB096 03472 RPM 13496 b |
|
| 1 |
| prior written consent of the
authorizing agent, is prohibited | 2 |
| except for common cremation pursuant to Section 11.4 of the | 3 |
| Hospital Licensing Act . Nothing in this subsection, however, | 4 |
| shall
prevent the simultaneous cremation within the same | 5 |
| cremation chamber of body
parts delivered to the crematory | 6 |
| authority from multiple sources, or the use of
cremation | 7 |
| equipment that contains more than one cremation chamber.
| 8 |
| (i) No unauthorized person shall be permitted in the | 9 |
| holding facility or
cremation room while any human remains are | 10 |
| being held there awaiting
cremation, being cremated, or being | 11 |
| removed from the cremation chamber.
| 12 |
| (j) A crematory authority shall not remove any dental gold, | 13 |
| body parts,
organs, or any item of value prior to or subsequent | 14 |
| to a cremation without
previously having received specific | 15 |
| written authorization from the
authorizing agent and written | 16 |
| instructions for the delivery of these items
to the authorizing | 17 |
| agent. Under no circumstances shall a crematory authority
| 18 |
| profit from making or assisting in any removal of valuables.
| 19 |
| (k) Upon the completion of each cremation, and insofar as | 20 |
| is practicable,
all of the recoverable residue of the cremation | 21 |
| process shall be removed from
the cremation chamber.
| 22 |
| (l) If all of the recovered cremated remains will
not fit | 23 |
| within the receptacle that has been selected, the remainder of | 24 |
| the
cremated remains shall be returned to the authorizing agent | 25 |
| or the agent's
designee in a separate container. The crematory | 26 |
| authority shall not return
to an authorizing agent or the |
|
|
|
SB1703 Enrolled |
- 5 - |
LRB096 03472 RPM 13496 b |
|
| 1 |
| agent's designee more or less cremated
remains than were | 2 |
| removed from the cremation chamber.
| 3 |
| (m) A crematory authority shall not knowingly represent to | 4 |
| an
authorizing agent or the agent's designee that a temporary | 5 |
| container or
urn contains the cremated remains of a specific | 6 |
| decedent when it does not.
| 7 |
| (n) Cremated remains shall be shipped only by a method that | 8 |
| has an internal
tracing system available and that provides a | 9 |
| receipt signed by the person
accepting delivery.
| 10 |
| (o) A crematory authority shall maintain an identification | 11 |
| system that shall
ensure that it shall be able to identify the | 12 |
| human remains in its possession
throughout all phases of the | 13 |
| cremation process.
| 14 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 15 |
| Section 15. The Vital Records Act is amended by adding | 16 |
| Section 21.5 as follows: | 17 |
| (410 ILCS 535/21.5 new) | 18 |
| Sec. 21.5. Group burial; group cremation. Notwithstanding | 19 |
| Sections 20 and 21 of this Act, a permit for a group burial or | 20 |
| group cremation under Section 11.4 of the Hospital Licensing | 21 |
| Act may be issued without a fetal death certificate. The | 22 |
| Department shall adopt rules to implement this Section.
|
|