Full Text of SB3182 103rd General Assembly
SB3182enr 103RD GENERAL ASSEMBLY | | | SB3182 Enrolled | | LRB103 32565 SPS 62158 b |
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| 1 | | AN ACT concerning regulation. | 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 and by adding Section 11.9 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 | 9 | | during or after a gestation period of less than 20 completed | 10 | | weeks must notify the patient of the mother of her right to | 11 | | arrange for the burial or cremation of the fetus. Notification | 12 | | may also include other options such as, but not limited to, a | 13 | | ceremony, a certificate, or common burial or cremation of | 14 | | fetal tissue. If, within 24 hours after being notified under | 15 | | this Section, the patient mother elects in writing to arrange | 16 | | for the burial or cremation of the fetus, the disposition of | 17 | | the fetus shall be subject to the same laws and rules that | 18 | | apply in the case of a fetal death that occurs in this State | 19 | | after a gestation period of 20 completed weeks or more. The | 20 | | Department of Public Health shall develop forms to be used for | 21 | | notifications and elections under this Section and hospitals | 22 | | shall provide the forms to the patient mother . | 23 | | (Source: P.A. 96-338, eff. 1-1-10.) |
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| 1 | | (210 ILCS 85/11.9 new) | 2 | | Sec. 11.9. Certificate of birth resulting in stillbirth; | 3 | | notification. This Section may be referred to as Liam's Law. | 4 | | A hospital having custody of a fetus following a | 5 | | spontaneous fetal death occurring during or after a gestation | 6 | | period of at least 20 completed weeks must notify the | 7 | | gestational parent of the parent's right to receive a | 8 | | certificate of birth resulting in stillbirth as described in | 9 | | Section 20.5 of the Vital Records Act. The Department of | 10 | | Public Health shall develop language on a form to be used for | 11 | | notification under this Section and hospitals shall provide | 12 | | the form to the gestational parent. This section of language | 13 | | shall be known as a "Liam's Law notice". The "Liam's Law | 14 | | notice" shall be available in both English and Spanish. | 15 | | Section 10. The Vital Records Act is amended by changing | 16 | | Sections 20 and 20.5 as follows: | 17 | | (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20) | 18 | | Sec. 20. Fetal death; place of registration. | 19 | | (1) Each fetal death which occurs in this State after a | 20 | | gestation period of 20 completed weeks ( or and when the | 21 | | patient mother elects in writing to arrange for the burial or | 22 | | cremation of the fetus under Section 11.4 of the Hospital | 23 | | Licensing Act) or more shall be registered with the local or |
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| 1 | | subregistrar of the district in which the delivery occurred | 2 | | within 7 days after the delivery and before removal of the | 3 | | fetus from the State, except as provided by regulation in | 4 | | special problem cases. | 5 | | (a) For the purposes of this Section, if the place of | 6 | | fetal death is unknown, a fetal death certificate shall be | 7 | | filed in the registration district in which a dead fetus | 8 | | is found, which shall be considered the place of fetal | 9 | | death. | 10 | | (b) When a fetal death occurs on a moving conveyance, | 11 | | the city, village, township, or road district in which the | 12 | | fetus is first removed from the conveyance shall be | 13 | | considered the place of delivery and a fetal death | 14 | | certificate shall be filed in the registration district in | 15 | | which the place is located. | 16 | | (c) The funeral director or person acting as such who | 17 | | first assumes custody of a fetus shall file the | 18 | | certificate. The personal data shall be obtained from the | 19 | | best qualified person or source available. The name, | 20 | | relationship, and address of the informant shall be | 21 | | entered on the certificate. The date, place, and method of | 22 | | final disposition of the fetus shall be recorded over the | 23 | | personal signature and address of the funeral director | 24 | | responsible for the disposition. The certificate shall be | 25 | | presented to the person responsible for completing the | 26 | | medical certification of the cause of death. |
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| 1 | | (2) The medical certification shall be completed and | 2 | | signed within 24 hours after delivery by the certifying health | 3 | | care professional in attendance at or after delivery, except | 4 | | when investigation is required under Division 3-3 of Article 3 | 5 | | of the Counties Code and except as provided by regulation in | 6 | | special problem cases. | 7 | | (3) When a fetal death occurs without medical attendance | 8 | | upon the mother at or after the delivery, or when | 9 | | investigation is required under Division 3-3 of Article 3 of | 10 | | the Counties Code, the coroner shall be responsible for the | 11 | | completion of the fetal death certificate and shall sign the | 12 | | medical certification within 24 hours after the delivery or | 13 | | the finding of the fetus, except as provided by regulation in | 14 | | special problem cases. | 15 | | (Source: P.A. 102-257, eff. 1-1-22 .) | 16 | | (410 ILCS 535/20.5) | 17 | | Sec. 20.5. Certificate of birth resulting in stillbirth. | 18 | | (a) The State Registrar shall prescribe and distribute a | 19 | | form for a certificate of birth resulting in stillbirth. The | 20 | | certificate shall be in the same format as a certificate of | 21 | | live birth prepared under Section 12 and shall be filed in the | 22 | | same manner as a certificate of live birth. | 23 | | (b) After each fetal death that occurs in this State after | 24 | | a gestation period of at least 20 completed weeks, the State | 25 | | Registrar of Vital Records shall, only upon request by a |
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| 1 | | parent named on the fetal death certificate, prepare and issue | 2 | | a certificate of birth resulting in stillbirth. After each | 3 | | fetal death that occurs in this State after a gestation period | 4 | | of at least 26 completed weeks, the person who files a fetal | 5 | | death certificate in connection with that death as required | 6 | | under Section 20 shall, only upon request by the woman who | 7 | | delivered the stillborn fetus, also prepare a certificate of | 8 | | stillbirth. The person shall prepare the certificate on the | 9 | | form prescribed and furnished by the State Registrar and in | 10 | | accordance with the rules adopted by the State Registrar. | 11 | | (b-5) A person who files a fetal death certificate as | 12 | | described under subsection (b) shall notify the gestational | 13 | | parent of the stillborn of that parent's right to request and | 14 | | receive a certificate of birth resulting in stillbirth under | 15 | | subsection (b). The Department shall develop language for | 16 | | notification under this subsection. This language shall be | 17 | | titled and known as a "Liam's Law notice". | 18 | | (c) If the stillborn's parent or parents do not wish to | 19 | | provide a name for the stillborn, the person who prepares the | 20 | | certificate of birth resulting in stillbirth shall leave blank | 21 | | any references to the stillborn's name. | 22 | | (d) When a stillbirth occurs in this State and the | 23 | | stillbirth has not been registered within one year after the | 24 | | delivery, a certificate marked "delayed" may be filed and | 25 | | registered in accordance with regulations adopted by the State | 26 | | Registrar. The certificate must show on its face the date of |
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| 1 | | registration. | 2 | | (e) In the case of a fetal death that occurred in this | 3 | | State after a gestation period of at least 20 26 completed | 4 | | weeks and before the effective date of this amendatory Act of | 5 | | the 103rd General Assembly this amendatory Act of the 93rd | 6 | | General Assembly , a parent of the stillborn child may request | 7 | | that the person who filed a fetal death certificate in | 8 | | connection with that death as required under Section 20 shall | 9 | | also prepare a certificate of birth resulting in stillbirth | 10 | | with respect to the fetus. If a parent of a stillborn makes | 11 | | such a request under this subsection (e), the person who filed | 12 | | a fetal death certificate shall prepare the certificate of | 13 | | birth resulting in stillbirth and file it with the designated | 14 | | registrar within 30 days after the request by the parent. | 15 | | (Source: P.A. 93-578, eff. 8-21-03.) | 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2025. |
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