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Public Act 096-0338
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| SB1703 Enrolled |
LRB096 03472 RPM 13496 b |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Hospital Licensing Act is amended by |
changing Section 11.4 as follows:
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(210 ILCS 85/11.4)
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Sec. 11.4. Disposition of fetus. A hospital having custody |
of a fetus
following a spontaneous fetal demise occurring after |
a gestation period of less
than 20 completed weeks must notify |
the mother
of her right to arrange for
the burial or cremation |
of the fetus.
Notification may also include other options such |
as, but not limited to, a
ceremony, a certificate, or common |
burial or cremation of fetal tissue. If, within 24 hours
after |
being notified
under this Section, the mother elects in writing |
to arrange for the burial or
cremation of the fetus, the |
disposition of the fetus shall be subject to the
same laws and |
rules that apply in the case of a fetal death that occurs in |
this
State after a gestation period of 20 completed weeks or |
more. The
Department of Public Health shall develop forms to be |
used for notifications
and elections under this Section
and |
hospitals shall provide the forms to
the mother.
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(Source: P.A. 92-348, eff. 1-1-02.)
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Section 10. The Crematory Regulation Act is amended by |
changing Section 35 as follows:
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(410 ILCS 18/35)
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Sec. 35. Cremation procedures.
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(a) Human remains shall not be cremated within 24
hours |
after the time of death, as indicated on the Medical
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Examiner's/Coroner's Certificate of Death. In any death, the |
human remains
shall not be cremated by the crematory authority |
until a cremation permit has
been received from the coroner or |
medical examiner of the county in which the
death occurred and |
the crematory authority has received a cremation
authorization |
form, executed by an authorizing agent, in accordance with the
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provisions of Section 15 of this Act. In no instance, however, |
shall the lapse
of time between the death and the cremation be |
less than 24 hours, unless (i)
it is known the deceased has an |
infectious or dangerous disease and that the
time requirement |
is waived in writing by the medical examiner or coroner where
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the death occurred or (ii) because of a religious requirement.
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(b) Except as set forth in subsection (a) of this Section,
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a crematory authority shall have the right to schedule the |
actual cremation
to be performed at its own convenience, at any |
time after the human remains
have been delivered to the |
crematory authority, unless the crematory
authority has |
received specific instructions to the contrary on the
cremation |
authorization form.
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(c) No crematory authority shall cremate human remains when |
it has actual
knowledge that human remains contain a pacemaker |
or any other material or
implant that may be potentially |
hazardous to the person performing the
cremation.
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(d) No crematory authority shall refuse to accept human |
remains for
cremation because such human remains are not |
embalmed.
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(e) Whenever a crematory authority is unable or |
unauthorized to cremate
human remains immediately upon taking |
custody of the remains, the crematory
authority shall place the |
human remains in a holding facility in accordance
with the |
crematory authority's rules and regulations.
The crematory |
authority must notify the authorizing agent of the reasons for
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delay in
cremation if a properly authorized cremation is not |
performed within any time
period expressly
contemplated in the |
authorization.
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(f) A crematory authority shall not accept a casket or
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alternative container from which there is any evidence of the |
leakage of
body fluids.
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(g) The casket or the alternative container shall be |
cremated with
the human remains or destroyed, unless the |
crematory authority has notified the
authorizing agent to the |
contrary on the cremation authorization form and
obtained the |
written consent of the authorizing agent.
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(h) The simultaneous cremation of the human remains of more |
than one person
within the same cremation chamber, without the |
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prior written consent of the
authorizing agent, is prohibited |
except for common cremation pursuant to Section 11.4 of the |
Hospital Licensing Act. Nothing in this subsection, however, |
shall
prevent the simultaneous cremation within the same |
cremation chamber of body
parts delivered to the crematory |
authority from multiple sources, or the use of
cremation |
equipment that contains more than one cremation chamber.
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(i) No unauthorized person shall be permitted in the |
holding facility or
cremation room while any human remains are |
being held there awaiting
cremation, being cremated, or being |
removed from the cremation chamber.
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(j) A crematory authority shall not remove any dental gold, |
body parts,
organs, or any item of value prior to or subsequent |
to a cremation without
previously having received specific |
written authorization from the
authorizing agent and written |
instructions for the delivery of these items
to the authorizing |
agent. Under no circumstances shall a crematory authority
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profit from making or assisting in any removal of valuables.
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(k) Upon the completion of each cremation, and insofar as |
is practicable,
all of the recoverable residue of the cremation |
process shall be removed from
the cremation chamber.
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(l) If all of the recovered cremated remains will
not fit |
within the receptacle that has been selected, the remainder of |
the
cremated remains shall be returned to the authorizing agent |
or the agent's
designee in a separate container. The crematory |
authority shall not return
to an authorizing agent or the |
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agent's designee more or less cremated
remains than were |
removed from the cremation chamber.
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(m) A crematory authority shall not knowingly represent to |
an
authorizing agent or the agent's designee that a temporary |
container or
urn contains the cremated remains of a specific |
decedent when it does not.
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(n) Cremated remains shall be shipped only by a method that |
has an internal
tracing system available and that provides a |
receipt signed by the person
accepting delivery.
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(o) A crematory authority shall maintain an identification |
system that shall
ensure that it shall be able to identify the |
human remains in its possession
throughout all phases of the |
cremation process.
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(Source: P.A. 92-675, eff. 7-1-03.)
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Section 15. The Vital Records Act is amended by adding |
Section 21.5 as follows:
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(410 ILCS 535/21.5 new) |
Sec. 21.5. Group burial; group cremation. Notwithstanding |
Sections 20 and 21 of this Act, a permit for a group burial or |
group cremation under Section 11.4 of the Hospital Licensing |
Act may be issued without a fetal death certificate. The |
Department shall adopt rules to implement this Section.
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