SB3398 103RD GENERAL ASSEMBLY

LRB103 37944 CES 68076 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3398

Introduced 2/8/2024, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

410 ILCS 535/12.5 new
410 ILCS 535/20.5

Amends the Vital Records Act. Provides that a birth resulting in stillbirth that occurs in this State, during or after a gestation period of at least 20 completed weeks, shall be registered with the local registrar or subregistrar of the district in which the birth occurred within 7 days after the birth. Sets forth reporting requirements for when a birth resulting in stillbirth occurs in an institution. Specifies that, when a birth resulting in stillbirth occurs outside of an institution, the certificate shall be prepared by the following persons in the indicated order: (i) the physician in attendance at or immediately after the birth, or in the absence of any such person; (ii) any other person in attendance at or immediately after the birth, or in the absence of any such person; (iii) the father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred. Makes conforming changes. Provides that the woman who delivered the stillborn child shall be informed by the preparer of the certificate of the right to decline the certificate. Repeals a provision authorizing a certificate to be marked "delayed" when a stillbirth has not been registered within one year after the delivery.

A BILL FOR

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 Section 20.5 and by adding Section 12.5 as follows:

(410 ILCS 535/12.5 new)

Sec. 12.5. Birth resulting in stillbirth; place of registration.

(a) Each birth resulting in stillbirth that occurs in this State, during or after a gestation period of at least 20 completed weeks, shall be registered with the local or subregistrar of the district in which the birth occurred within 7 days after the birth resulting in stillbirth. When a birth resulting in stillbirth occurs on a moving conveyance, the city, village, township, or road district in which the child is first removed from the conveyance shall be considered the place of birth resulting in stillbirth, and a birth resulting in a stillbirth certificate shall be filed in the registration district in which the place is located.

(b) When a birth resulting in stillbirth occurs in an institution, the person in charge of the institution or the person's designated representative shall:

(1) obtain and record all the personal and statistical particulars relative to the parents of the child whose birth resulted in stillbirth that are required to properly complete the certificate of birth resulting in stillbirth as required by Section 20.5;

(2) secure the required personal signatures on the hospital worksheet;

(3) prepare the certificate from the worksheet; and

(4) file the certificate with the local registrar.

The institution shall retain the hospital worksheet permanently or as otherwise specified by Department rule. Within 24 hours after the birth resulting in stillbirth occurs the physician in attendance shall verify or provide the date of birth resulting in stillbirth and medical information required by the certification.

(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

(1) the physician in attendance at or immediately after the birth resulting in stillbirth, or in the absence of such a person;

(2) any other person in attendance at or immediately after the birth resulting in stillbirth, or in the absence of such a person; or

(3) the father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

(410 ILCS 535/20.5)

Sec. 20.5. Certificate of birth resulting in stillbirth.

(a) The State Registrar shall prescribe and distribute a form for a certificate of birth resulting in stillbirth. The certificate shall be in the same format as a certificate of live birth prepared under Section 12 and shall be filed by and in the manner prescribed under Section 12.5 in the same manner as a certificate of live birth.

(b) After each fetal death that occurs in this State after a gestation period of at least 20 26 completed weeks, the person who files a fetal death certificate in connection with that death as required under Section 20 shall, only upon request by the woman who delivered the stillborn fetus, also prepare a certificate of stillbirth. The person shall prepare the certificate as prescribed under Section 12 and 12.5, on the form prescribed and furnished by the State Registrar and in accordance with the rules adopted by the State Registrar. The preparer shall inform the woman who delivered the stillborn child of the certificate of birth resulting in stillbirth and the woman's right to decline the certificate. Only upon the request of the woman who delivered the stillborn child to decline such a certificate shall one not be prepared. A request to not prepare a certificate must be made in writing on a form prescribed and furnished by the State Registrar.

(c) If the stillborn's parent or parents do not wish to provide a name for the stillborn, the person who prepares the certificate of stillbirth shall leave blank any references to the stillborn's name.

(d) (Blank). When a stillbirth occurs in this State and the stillbirth has not been registered within one year after the delivery, a certificate marked "delayed" may be filed and registered in accordance with regulations adopted by the State Registrar. The certificate must show on its face the date of registration.

(e) (Blank). In the case of a fetal death that occurred in this State after a gestation period of at least 26 completed weeks and before the effective date of this amendatory Act of the 93rd General Assembly, a parent of the stillborn child may request that the person who filed a fetal death certificate in connection with that death as required under Section 20 shall also prepare a certificate of stillbirth with respect to the fetus. If a parent of a stillborn makes such a request under this subsection (e), the person who filed a fetal death certificate shall prepare the certificate of stillbirth and file it with the designated registrar within 30 days after the request by the parent.

(Source: P.A. 93-578, eff. 8-21-03.)