State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0348

HB0382 Enrolled                                LRB9201013WHcs

    AN  ACT  to  amend  certain  Acts  in  relation  to   the
disposition of certain fetuses.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Hospital  Licensing  Act  is  amended  by
adding Section 11.4 as follows:

    (210 ILCS 85/11.4 new)
    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 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.

    Section 10.  The Vital Records Act is amended by changing
Section 20 as follows:

    (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  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. 88-159.)
    Passed in the General Assembly May 22, 2001.
    Approved August 15, 2001.

[ Top ]