Public Act 102-0844
 
SB3498 EnrolledLRB102 24198 CPF 34962 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Vital Records Act is amended  by changing 
Sections 1 and 18 as follows:
 


    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)




    Sec. 1. As used in this Act, unless the context otherwise 
requires: 

    (1) "Vital records" means records of births, deaths, fetal 
deaths,
marriages, dissolution of marriages, and data related 
thereto.

    (2) "System of vital records" includes the registration, 
collection,
preservation, amendment, and certification of 
vital records, and
activities related thereto.

    (3) "Filing" means the presentation of a certificate, 
report, or
other record provided for in this Act, of a birth, 
death, fetal death,
adoption, marriage, or dissolution of 
marriage, for registration by the Office of Vital
Records.

    (4) "Registration" means the acceptance by the Office of 
Vital
Records and the incorporation in its official records of 
certificates,
reports, or other records provided for in this 
Act, of births, deaths,
fetal deaths, adoptions, marriages, or 
dissolution of marriages.

    (5) "Live birth" means the complete expulsion or 
extraction from its
mother of a product of human conception, 
irrespective of the duration of
pregnancy, which after such 
separation breathes or shows any other
evidence of life such 
as beating of the heart, pulsation of the
umbilical cord, or 
definite movement of voluntary muscles, whether or
not the 
umbilical cord has been cut or the placenta is attached.

    (6) "Fetal death" means death prior to the complete 
expulsion or
extraction from the uterus of a product of human 
conception,
irrespective of the duration of pregnancy, and 
which is not due to an abortion as defined in Section 1-10 of 
the Reproductive Health Act. The death is indicated by the

fact that after such separation the fetus does not breathe or 
show any
other evidence of life such as beating of the heart, 
pulsation of the
umbilical cord, or definite movement of 
voluntary muscles.

    (7) "Dead body" means a lifeless human body or parts of 
such body or
bones thereof from the state of which it may 
reasonably be concluded
that death has occurred.

    (8) "Final disposition" means the burial, cremation, or 
other
disposition of a dead human body or fetus or parts 
thereof.

    (9) "Physician" means a person licensed to practice 
medicine in
Illinois or any other state.

    (10) "Institution" means any establishment, public or 
private, which
provides in-patient medical, surgical, or 
diagnostic care or treatment,
or nursing, custodial, or 
domiciliary care to 2 or more unrelated
individuals, or to 
which persons are committed by law.

    (11) "Department" means the Department of Public Health of 
the State
of Illinois.

    (12) "Director" means the Director of the Illinois 
Department of
Public Health.

    (13) "Licensed health care professional"  means a person 
licensed to practice as a physician, advanced practice 
registered nurse, or physician assistant in Illinois or any 
other state.
    (14) "Licensed mental health professional" means a person 
who is licensed or registered to provide mental health 
services by the Department of Financial and Professional 
Regulation or a board of registration duly authorized to 
register or grant licenses to persons engaged in the practice 
of providing mental health services in Illinois or any other 
state. 
    (15) "Intersex condition" means a condition in which a 
person is born with a reproductive or sexual anatomy or 
chromosome pattern that does not fit typical definitions of 
male or female. 
    (16) "Homeless person"  means an individual who meets the 
definition of "homeless" under Section 103 of the federal 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an 
individual residing in any of the living situations described  
in  42 U.S.C. 11434a(2). 
    (17) "Advanced practice registered nurse" means: (i) an 
advanced practice registered nurse with full practice 
authority; or (ii) an advanced practice registered nurse with 
a collaborative agreement with a physician who has delegated 
the completion of death certificates.
    (18) "Certifying health care professional" means a 
physician, physician assistant, or advanced practice 
registered nurse.
    (19) "Physician assistant" means a physician assistant who 
practices in accordance with a written collaborative agreement 
that includes the completion of death certificates. 
(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22.)

 


    (410 ILCS 535/18)  (from Ch. 111 1/2, par. 73-18)




    Sec. 18. (1) Each death which occurs in this State shall be 
registered
by filing a death certificate with the local 
registrar
of the district in which the death occurred or the 
body was found, within
7 days after such death (within 5 days 
if the death occurs prior to
January 1, 1989) and prior to 
cremation or removal of the body from
the State, except when 
death is subject to investigation by the coroner or
medical 
examiner.

        (a) For the purposes of this Section, if the place of 
    death is unknown,
a death certificate shall be filed in 
    the registration district in which
a dead body is found, 
    which shall be considered the place of death.

        (b) When a death occurs on a moving conveyance, the 
    place where the body
is first removed from the conveyance 
    shall be considered the place of death
and a death 
    certificate shall be filed in the registration district in

    which such place is located.

        (c) The funeral director who first assumes
custody of 
    a dead body shall be responsible for filing a completed 
    death
certificate.  He or she shall obtain the personal 
    data from the next
of kin or the best qualified person or 
    source available; he or she shall enter
on the certificate 
    the name, relationship,
and address of the informant; he 
    or she shall enter the date, place, and method
of final 
    disposition; he or she shall affix his or her own 
    signature and enter his or her address;
and shall present 
    the certificate to the person responsible for completing

    the medical certification of cause of death. The person 
    responsible for completing
the medical certification of 
    cause of death must note the presence of 
    methicillin-resistant staphylococcus aureus, clostridium 
    difficile, or vancomycin-resistant enterococci if it is a 
    contributing factor to or the cause of death. Additional 
    multi-drug resistant organisms (MDROs) may be added to 
    this list by the Department by rule.

    (2) The medical certification shall be completed and 
signed within 48
hours after death by the certifying health 
care professional who, within 12 months prior to the date of 
the patient's death, was treating or managing treatment of the 
patient's
illness or condition which resulted in death, except 
when death is subject
to the coroner's or medical examiner's 
investigation.  In the absence of
the certifying health care 
professional  or with his or her approval, the medical 
certificate may be
completed and signed by his or her 
associate physician or advanced practice registered nurse, 
physician assistant, the chief medical officer
of the 
institution in which death occurred, or by the physician who

performed an autopsy upon the decedent.


    (3) When a death occurs without medical attendance, or 
when it is otherwise
subject to the coroner's or medical 
examiner's investigation, the coroner
or medical examiner 
shall be responsible for the completion of a coroner's
or 
medical examiner's certificate of death and shall sign the 
medical
certification within 48 hours after death, except as 
provided by regulation
in special problem cases. If the 
decedent was under the age of 18 years at the time of his or 
her death, and the death was due to injuries suffered as a 
result of a motor vehicle backing over a child, or if the death 
occurred due to the power window of a motor vehicle, the 
coroner or medical examiner must send a copy of the medical 
certification, with information documenting that the death was 
due to a vehicle backing over the child or that the death was 
caused by a power window of a vehicle, to the Department of 
Children and Family Services. The Department of Children and 
Family Services shall (i) collect this information for use by 
Child Death Review Teams and (ii) compile and maintain this 
information as part of its Annual Child Death Review Team 
Report to the General Assembly.


    (3.5) The medical certification of cause of death shall 
expressly provide
an
opportunity for the person completing the

certification to indicate that the death was caused in whole 
or in part by a
dementia-related disease, Parkinson's Disease, 
or Parkinson-Dementia Complex.

    (4) When the deceased was a veteran of any war of the 
United States, the
funeral director shall prepare a 
"Certificate of Burial of U. S. War Veteran",
as prescribed 
and furnished by the Illinois Department of Veterans' Affairs,

and submit such certificate to the Illinois Department of 
Veterans' Affairs
monthly.

    (5) When a death is presumed to have occurred in this State 
but the
body cannot be located, a death certificate may be 
prepared by the State
Registrar upon receipt of an order of a 
court of competent jurisdiction
which includes the finding of 
facts required to complete the death
certificate.  Such death 
certificate shall be marked "Presumptive" and shall
show on 
its face the date of the registration and shall identify the 
court
and the date of the judgment.

(Source: P.A. 102-257, eff. 1-1-22.)