Public Act 102-0257
 
HB0214 EnrolledLRB102 04082 CPF 14098 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,  18, 20, and 21 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 or advanced practice registered nurse. 
(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18; 
100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)

 



    (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 his 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 
physician in charge of the patient's care for the
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 
physician  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, 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. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)

 



    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)



    Sec. 20. Fetal death; place of registration. 

    (1) Each fetal death which occurs in this State after a 
gestation
period of 20 completed weeks (and when the mother 
elects in writing to
arrange for the burial or cremation of the 
fetus under Section 11.4 of the
Hospital Licensing Act) or 
more shall be registered with the local or
subregistrar of the 
district in which the delivery occurred within 7 days
after 
the delivery and before removal of the fetus from the State,

except as provided by regulation in special problem cases.


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


        (b) When a fetal death occurs on a moving conveyance, 
    the city, village,
township, or road district in which the 
    fetus is first removed from the
conveyance shall be 
    considered the place of delivery and a fetal death

    certificate shall be filed in the registration district in 
    which the place
is located.


        (c) The funeral director or person acting as such who 
    first assumes
custody of a fetus shall file the 
    certificate. The personal data shall be
obtained from the 
    best qualified person or source available. The name,

    relationship, and address of the informant shall be 
    entered on
the certificate. The date, place, and method of 
    final disposition of the
fetus shall be recorded over the 
    personal signature and address of the
funeral director 
    responsible for the disposition. The certificate shall be

    presented to the person responsible for completing the 
    medical
certification of the cause of death.

    (2) The medical certification shall be completed and 
signed within 24
hours after delivery by the certifying health 
care professional physician in attendance at or after 
delivery,
except when investigation is required under Division 
3-3 of Article 3 of the
Counties Code and except as provided by 
regulation in special
problem cases.

    (3) When a fetal death occurs without medical attendance 
upon the mother
at or after the delivery, or when 
investigation is required under Division
3-3 of Article 3 of 
the Counties Code, the coroner shall be responsible for
the 
completion of the fetal death certificate and shall sign the 
medical
certification within 24 hours after the delivery or 
the finding of the
fetus, except as provided by regulation in 
special problem cases.

(Source: P.A. 92-348, eff. 1-1-02.)

 



    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)



    Sec. 21. 
(1) The funeral director or person acting as such 
who first
assumes custody of a dead body or fetus shall make a 
written report to the
registrar of the district in which death 
occurred or in which the body or
fetus was found within 24 
hours after taking custody of the body or fetus
on a form 
prescribed and furnished by the State Registrar and in 
accordance
with the rules promulgated by the State Registrar.  
Except as specified in
paragraph (2) of this Section, the 
written report shall serve as a permit
to transport, bury, or 
entomb the body or fetus within this State, provided
that the 
funeral director or person acting as such shall certify that 
the certifying health care professional who, within 12 months 
prior to the date of the patient's death, was treating or 
managing treatment physician  in charge of the patient's care 
for the illness or condition
which resulted in death has been 
contacted and has affirmatively stated
that he or she will 
sign the medical certificate of death or the fetal death

certificate.  If a funeral director
fails to file written

reports under this Section in a timely manner, the local 
registrar
may suspend the funeral director's privilege of 
filing written
reports by mail.
In a county with a population 
greater than 3,000,000, if a funeral director
or person acting 
as such inters or entombs a dead body
 without having 
previously certified that the certifying health care 
professional who, within 12 months prior to the date of the 
patient's death, was treating or managing treatment physician  
in charge of the
patient's care for the illness or condition 
that resulted in death has been
contacted and has 
affirmatively stated that he or she will sign the medical

certificate of death,
then that funeral
director or person 
acting as such
 is responsible for payment of the specific 
costs incurred by the county
medical examiner in
disinterring 
and reinterring or reentombing
the dead body.

    (2) The written report as specified in paragraph (1) of 
this Section shall
not serve as a permit to:


        (a) Remove body or fetus from this State;


        (b) Cremate the body or fetus; or


        (c) Make disposal of any body or fetus in any manner 
    when death is subject
to the coroner's or medical 
    examiner's investigation.


    (3) In accordance with the provisions of paragraph (2) of 
this Section
the funeral director or person acting as such who 
first assumes custody
of a dead body or fetus shall obtain a 
permit for disposition of such
dead human body prior to final 
disposition or removal from the State of the
body or fetus.  
Such permit shall be issued by the registrar of the
district 
where death occurred or the body or fetus was found.  No such

permit shall be issued until a properly completed certificate 
of death has
been filed with the registrar.  The registrar 
shall insure the issuance of
a permit for disposition within 
an expedited period of time to accommodate
Sunday or holiday 
burials of decedents whose time of death and religious
tenets 
or beliefs necessitate Sunday or holiday burials.

    (4) A permit which accompanies a dead body or fetus 
brought into this
State shall be authority for final 
disposition of the body or fetus in this
State, except in 
municipalities where local ordinance requires the issuance
of 
a local permit prior to disposition.

    (5) A permit for disposition of a dead human body shall be 
required
prior to disinterment of a dead body or fetus, and 
when the disinterred
body is to be shipped by a common carrier.  
Such permit shall be issued to
a licensed funeral director or 
person acting as such, upon proper
application, by the local 
registrar of the district in which disinterment
is to be made. 
In the case of disinterment, proper application shall
include 
a statement providing the name and address of any surviving 
spouse
of the deceased, or, if none, any surviving children of 
the deceased, or if
no surviving spouse or children, a parent, 
brother, or sister of the
deceased.  The
application shall 
indicate whether the applicant is one of these parties
and, if 
so, whether the applicant is a surviving spouse or a surviving

child.  Prior to the issuance of a permit for disinterment, the

local registrar shall, by certified mail, notify the surviving 
spouse,
unless he or she is the applicant, or if there is no 
surviving spouse, all
surviving children except for the 
applicant, of the application for the
permit.  The person or 
persons notified shall have 30 days from the mailing
of the 
notice to object by obtaining an injunction enjoining the 
issuance
of the permit.  After the 30-day period has expired, 
the local registrar
shall issue the permit unless he or she has 
been enjoined from doing so or
there are other statutory 
grounds for refusal.  The notice to the spouse or
surviving 
children shall inform the person or persons being notified of 
the
right to seek an injunction within 30 days. 
Notwithstanding any other
provision of this subsection (5), a 
court may order issuance of a permit
for disinterment without 
notice or prior to the expiration of the 30-day
period where 
the petition is made by an agency of any governmental unit and

good cause is shown for disinterment without notice or for the 
early order.
Nothing in this subsection (5) limits the 
authority of the City of Chicago to
acquire property or 
otherwise exercise its powers under the O'Hare
Modernization 
Act or requires that City,
or
any person acting on behalf of 
that City, to obtain a permit under this
subsection (5) when 
exercising powers under the O'Hare Modernization Act. The 
Illinois Department of Transportation, and any person acting 
on its behalf under a public-private agreement entered into in 
accordance with the Public-Private Agreements for the South 
Suburban Airport Act, is exempt from this subsection (5), 
provided that the Illinois Department of Transportation, or 
any such person, takes reasonable steps to comply with the 
provisions of this subsection (5) so long as compliance does 
not interfere with the design, development, operation, or 
maintenance of the South Suburban Airport or the exercise of 
their powers under the Public-Private Agreements for the South 
Suburban Airport Act. 

(Source: P.A. 98-109, eff. 7-25-13.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2022. 
  

Effective Date:  1/1/2022