TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER e: VITAL RECORDS
PART 500 ILLINOIS VITAL RECORDS CODE
SECTION 500.50 TRANSPORTATION AND DISPOSITION OF DEAD HUMAN BODY


 

Section 500.50  Transportation and Disposition of Dead Human Body

 

a)         A local registrar may issue a Permit for Disposition of Dead Human Body authorizing a hospital to incinerate a dead fetus (a product of gestation of 20 or more weeks) or the body of an infant who dies immediately after birth and prior to release from the hospital.  This permit may be issued only to a funeral director or person acting as a funeral director and only upon the presentation of a completed Certificate of Death (infant death) or Fetal Death.

 

b)         A local registrar may issue a Permit for Disposition of Dead Human Body authorizing the parents of a dead fetus or deceased infant to bury the body in a private burial plot, if requested by a funeral director or person acting as a funeral director.  This permit may be issued only to the funeral director and only upon the presentation of a completed Certificate of Death or Fetal Death.

 

c)         A Permit for Disposition of a Dead Human Body authorizing disinterment is required prior to the disinterment of a dead human body or fetus.  The same permit may also authorize transportation of the body by common carrier, if desired.  The permit shall be issued by the local registrar of the District in which the disinterment is to be made and shall be issued only to a funeral director or person acting as a funeral director.  The application (VR207) shall be signed by the next of kin (if known). If the next of kin is unknown, the VR207 permit shall be signed by the party contracting with the funeral director for the disinterment. Investigations conducted by the coroner, medical examiner, state's attorney or any other related law enforcement official do not require the signature or approval from the next of kin, and the VR207 should be signed by the appropriate official, or by order of a court. If several bodies or an entire cemetery is to be disinterred, the local registrar may issue to a funeral director a single Permit for Disposition of Dead Human Body to which a complete list, insofar as possible, of the identity of all the bodies is to be attached.  The Permit for Disposition of Dead Human Body authorizing disinterment shall also show the final disposition of the body or bodies.

 

1)         Disinterred human remains shall not be transported within the State unless accompanied by a Permit for Disposition of Dead Human Body.  The transportation of disinterred remains by common carrier or by private conveyance is subject to the same requirements listed in subsections (e)(1) through (5) for any dead human body.  However, the remains of repatriated U.S. war dead may be transported within Illinois on the basis of the burial-transit permit issued at the point of origin.  This permit shall be exchanged for an Illinois Permit for Disposition of Dead Human Body prior to interment or cremation in Illinois (see subsection (d)(6)).

 

2)         Disinterred human remains shall not be reinterred within the State except as authorized by a Permit for Disposition of Dead Human Body.

 

d)         Disposition of Dead Human Body

 

1)         A dead human body shall not be  interred in a grave, vault or tomb, except as authorized by a Permit for Disposition of Dead Human Body issued by the local registrar of the District in which the death occurred, if the death occurred in Cook County.  If the death occurred in a county other than Cook County, the permit may be issued by the funeral director, except when the death was subject to investigation by the coroner, in which case the permit must be signed by the local registrar of the district where the death occurred.  A dead human body shall not be surrendered to a physician, surgeon, medical college or school or other institution or school of mortuary science and later cremated, except as authorized by a Permit for Disposition of Dead Human Body issued by the local registrar of the district in which the death occurred. This permit shall be issued to an Illinois licensed funeral director or person acting as a funeral director, upon presentation of a completed Certificate of Death or Fetal Death.

 

2)         A dead human body whose death was subject to the coroner's or medical examiner's investigation shall not be disposed of in Cook County, except as authorized by a Permit for Disposition of Dead Human Body issued by the local registrar of the district in which the death occurred or, in counties other than Cook, the signing of Part II of the Report of Death by the local registrar of the district in which the death occurred.  If disposition of any dead human remains is by cremation, the local registrar shall not issue a permit, unless presented with a duly executed Coroner's or Medical Examiner's Permit to Cremate a Dead Human Body.

 

3)         No Permit for Disposition of Dead Human Body is required for the disposition of ashes from cremation, unless the ashes are to be buried in a cemetery.  In that case, any local registrar or any funeral director may issue the permit.

 

4)         No Permit for Disposition of Dead Human Body is required for the disposal of a part of a living human body, such as an amputated arm or leg, except when the part is to be interred in a cemetery.  In that case, upon being requested to do so, the local registrar of the registration district where the cemetery is located shall issue a Permit for Disposition of Dead Human Body. The permit shall be issued upon receipt of a letter from the institution that performed the amputation or is in custody of the amputated part or parts.

 

5)         A dead fetus resulting from a fetal death is considered to be a dead human body, and its transportation and disposition are subject to this Part. However, if the dead fetus was delivered before the 20th week of gestation, a Permit for Disposition of Dead Human Body is not required unless interment of the remains is to be made in a cemetery.  In that case, if the fetal death was not subject to a coroner's investigation, any funeral director can issue the permit. If the fetal death was subject to a coroner's investigation, the local registrar of the district where death occurred shall sign the permit.

 

6)         A permit for a group burial or group cremation (when the manner of death is "Natural") for fetuses under 20 weeks gestation may be issued without the completion and filing of a fetal death certificate.

 

A)        In the case of group burial, when the fetal death is under 20 weeks gestation and not subject to coroner's/medical examiner's jurisdiction, a burial/transit permit can be issued by any Illinois licensed funeral director or person acting as a funeral director without a fetal death certificate.

 

B)        In the case of group cremation, when the fetal death is under 20 weeks gestation and not subject to coroner's/medical examiner's jurisdiction, hospital personnel will provide copies of the signed Fetal Death Disposition-Notification Form for each fetus to an Illinois licensed funeral director or person acting as a funeral director, to be presented to the coroner/medical examiner in the county where the fetal death occurred. The coroner/medical examiner will issue one cremation permit for all fetuses or individual cremation permits for each fetus in the group cremation. Upon receipt of the authorized cremation permit or permits, any Illinois licensed funeral director or person acting as a funeral director will then issue the Permit for Disposition of Dead Human Body (VR 205).  The funeral director or person acting as the funeral director will provide the VR 205 and the authorized cremation permit to the local registrar in the registration district where the fetal death occurred.  The local registrar shall sign the Permit for Disposition of Dead Human Body (VR 205).

 

C)        In any case that the coroner/medical examiner deems necessary to investigate and to certify the cause of death, a fetal death certificate shall be completed and filed irrespective of the fetus' weeks of gestation. 

 

7)         A permit for Disposition of Dead Human Body authorizing the disposition of the remains of the repatriated U.S. war dead shall be issued to the receiving funeral director by the local registrar of the district in which the body is to be interred or cremated.  This Permit for Disposition of Dead Human body shall be issued in exchange for the burial-transit papers accompanying the body.

 

e)         Transportation of Dead Human Body

 

1)         No dead human body from Cook County may be transported within the State of Illinois except as authorized by a Permit for Disposition of Dead Human Body issued by the appropriate local or sub-registrar of vital records, to an Illinois licensed funeral director or a person acting in his/her behalf.  During the first 72 hours after death, the funeral director may move a dead body that is not subject to the Medical Examiner's investigation from the place of death to a mortuary in this State without first having obtained a Permit for Disposition of Dead Human body.

 

2)         When a death occurs outside of Cook County, no dead human body may be transported within the State of Illinois until a Report of Death has been filed with the local registrar of the district where the death occurred.  During the first 24 hours after death, the funeral director or person acting as a funeral director may move a dead body that is not subject to a coroner's investigation from the place of death to a mortuary in the State.  In this case, the Report of Death shall be mailed or otherwise filed within 24 hours after death.

 

3)         No dead human body may be transported into the State of Illinois, unless it is accompanied by a burial-transit permit properly issued in accordance with the laws of the state from which the body was transported, showing that all precautions required by the State of Illinois have been observed.  The burial-transit permit is sufficient authority also for interment or cremation of the body in Illinois, provided that the permit specifies the place and type of disposition, except in municipalities where local ordinance requires the issuance of a local permit prior to disposition, and except for repatriated U.S. war dead (see Section 500.50(d)(6)).

 

4)         No dead human body shall be transported by common carrier in Illinois, unless accompanied by a Permit for Disposition of Dead Human Body issued by a local registrar of this State.  In the case of a body shipped from another state, the body shall be accompanied by a transit or burial-transit permit issued in accordance with the laws of the state from which the body is shipped.

 

5)         No dead human body shall be transported from Illinois to a point outside this State unless the body has been prepared in accordance with the laws and regulations of the states through which and to which transportation is made.

 

6)         Presumptive records of death prepared upon the order of a court of competent jurisdiction shall show, as the date of death, the date the order was entered by the court, unless otherwise specified in the order.

 

f)         Upon the death of a person who had or is suspected of having an infectious or communicable disease or who was known to be a carrier or known to be sub-clinically infected with a disease that could be transmitted through contact with the person's body or bodily fluids, the body shall be labeled "Infectious Hazard", or with an equivalent term to inform persons having subsequent contact with the body, including any funeral director or embalmer.

 

1)         The label shall be prominently displayed on and affixed to the outer wrapping or covering of the body if the body is wrapped or covered in any manner.

 

2)         Responsibility for labeling shall lie with the attending physician or coroner who certifies death or, if the death occurs in a health care facility, with the staff member designated by the administrator of the facility.

 

(Source:  Amended at 37 Ill. Reg. 12555, effective July 19, 2013)