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1 | AN ACT concerning local government. | |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||
4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 3-3014 and 3-3016 as follows: | |||||||||||||||||||||||||||
6 | (55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014) | |||||||||||||||||||||||||||
7 | Sec. 3-3014. Autopsy to be performed by board-certified | |||||||||||||||||||||||||||
8 | forensic pathologist licensed physician ; costs; reports. | |||||||||||||||||||||||||||
9 | (a) Any medical examination or autopsy conducted pursuant | |||||||||||||||||||||||||||
10 | to this Division shall be performed by a forensic pathologist | |||||||||||||||||||||||||||
11 | board-certified by the American Board of Pathology physician | |||||||||||||||||||||||||||
12 | duly licensed to practice medicine in all of its branches, and | |||||||||||||||||||||||||||
13 | wherever possible by one having special training in pathology . | |||||||||||||||||||||||||||
14 | In Class I counties, medical examinations or autopsies | |||||||||||||||||||||||||||
15 | (including those performed on exhumed bodies) shall be | |||||||||||||||||||||||||||
16 | performed by board-certified forensic pathologists physicians | |||||||||||||||||||||||||||
17 | appointed or designated by the coroner, and in Class II | |||||||||||||||||||||||||||
18 | counties by board-certified forensic pathologists physicians | |||||||||||||||||||||||||||
19 | appointed or designated by the Director of Public Health upon | |||||||||||||||||||||||||||
20 | the recommendation of the advisory board on necropsy service | |||||||||||||||||||||||||||
21 | to coroners after the board has consulted with the elected | |||||||||||||||||||||||||||
22 | coroner. Any autopsy performed by a board-certified forensic | |||||||||||||||||||||||||||
23 | pathologist physician so appointed or designated shall be |
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1 | deemed lawful. | ||||||
2 | (b) A pathology resident or forensic pathology fellow may | ||||||
3 | perform an autopsy required under subsection (a) under the | ||||||
4 | direct supervision of a board-certified forensic pathologist. | ||||||
5 | As used in this subsection, "direct supervision" means | ||||||
6 | supervision that is within the facility where a pathology | ||||||
7 | resident or forensic pathology fellow is performing an autopsy | ||||||
8 | and that requires a board-certified forensic pathologist's | ||||||
9 | presence and availability for prompt consultation. | ||||||
10 | The cost of all autopsies, medical examinations, | ||||||
11 | laboratory fees, if any, and travel expenses of the examining | ||||||
12 | physician and the costs of exhuming a body under the authority | ||||||
13 | of subsection (c) of Section 3-3015 shall be payable from the | ||||||
14 | general fund of the county where the body is found. The | ||||||
15 | examining physician shall file copies of the reports or | ||||||
16 | results of his or her autopsies and medical examinations with | ||||||
17 | the coroner and also with the Department of Public Health. | ||||||
18 | No coroner may perform any autopsy required or authorized | ||||||
19 | by law unless the coroner is a pathologist whose services are | ||||||
20 | requested by the coroner of another county. | ||||||
21 | (c) The county in which the body of a deceased person is | ||||||
22 | found shall indemnify and hold harmless a board-certified | ||||||
23 | forensic pathologist who renders services under this Section | ||||||
24 | for all of the pathologist's conduct arising out of the | ||||||
25 | pathologist's testimony as an expert witness in a criminal | ||||||
26 | proceeding based on the service provided under this Section, |
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1 | except actions involving willful and wanton misconduct of the | ||||||
2 | pathologist. The duty of the county to indemnify a | ||||||
3 | board-certified forensic pathologist who rendered services | ||||||
4 | under this Section for a judgment recovered against the | ||||||
5 | pathologist is conditioned upon receiving notice of the filing | ||||||
6 | of the action as required under this subsection. | ||||||
7 | If a board-certified forensic pathologist is made a party | ||||||
8 | defendant to an action and the action against the pathologist | ||||||
9 | is based upon the pathologist's conduct arising out of the | ||||||
10 | pathologist's testimony as an expert witness in a criminal | ||||||
11 | proceeding, then, within 10 days of service of process, the | ||||||
12 | pathologist shall notify the county in which the body of a | ||||||
13 | deceased person was found of the fact that the pathologist has | ||||||
14 | been made a party defendant to the action. The notice must be | ||||||
15 | in writing and filed in the office of the State's Attorney and | ||||||
16 | in the office of the county clerk, either by the pathologist or | ||||||
17 | the pathologist's agent or attorney. The notice shall state | ||||||
18 | the name of the pathologist; that the pathologist has been | ||||||
19 | served with process, including the date the pathologist was | ||||||
20 | served; that the pathologist has been made a party defendant | ||||||
21 | to an action in which it is claimed that an individual has | ||||||
22 | suffered injury to the individual's body or property caused by | ||||||
23 | the pathologist's conduct as an expert witness in a criminal | ||||||
24 | proceeding; the title and number of the case; and the court in | ||||||
25 | which the action is pending. The State's Attorney of the | ||||||
26 | county in which the body of the deceased person is found may |
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1 | appear and defend on behalf of the board-certified forensic | ||||||
2 | pathologist. | ||||||
3 | (Source: P.A. 86-962; 87-317.) | ||||||
4 | (55 ILCS 5/3-3016) (from Ch. 34, par. 3-3016) | ||||||
5 | Sec. 3-3016. Sudden unexpected infant death and sudden | ||||||
6 | infant death syndrome. Where an infant under one year of age | ||||||
7 | has died suddenly and unexpectedly and the circumstances | ||||||
8 | concerning the death are unexplained following investigation, | ||||||
9 | an autopsy shall be performed by a board-certified forensic | ||||||
10 | pathologist physician licensed to practice medicine in all of | ||||||
11 | its branches who has special training in pathology . When an | ||||||
12 | autopsy is conducted under this Section, the parents or | ||||||
13 | guardian of the child shall receive a preliminary report of | ||||||
14 | the autopsy within 5 days of the infant's death. All suspected | ||||||
15 | sudden unexpected infant death and sudden infant death | ||||||
16 | syndrome cases shall be reported to the Statewide Sudden | ||||||
17 | Unexpected Infant Death Program within 72 hours. | ||||||
18 | Death certificates shall list the cause of death as sudden | ||||||
19 | unexpected infant death or sudden infant death syndrome where | ||||||
20 | this finding is medically justified pursuant to the rules and | ||||||
21 | regulations of the Department of Public Health. Copies of | ||||||
22 | death certificates which list the cause of death of infants | ||||||
23 | under one year of age as sudden unexpected infant death or | ||||||
24 | sudden infant death syndrome shall be forwarded to the | ||||||
25 | Department of Public Health within 30 days of the death with a |
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1 | report which shall include an autopsy report, epidemiological | ||||||
2 | data required by the Department and other pertinent data. | ||||||
3 | (Source: P.A. 101-338, eff. 1-1-20 .) | ||||||
4 | Section 10. The Autopsy Act is amended by changing | ||||||
5 | Sections 1, 2, and 3 as follows: | ||||||
6 | (410 ILCS 505/1) (from Ch. 31, par. 41) | ||||||
7 | Sec. 1. a. "Board-certified forensic pathologist" means a | ||||||
8 | forensic pathologist board-certified by the American Board of | ||||||
9 | Pathology. "Physician" means any person authorized to practice | ||||||
10 | medicine in all its branches in accordance with the Medical | ||||||
11 | Practice Act of 1987, as amended, and wherever possible, such | ||||||
12 | "Physician" shall be one having special training in pathology. | ||||||
13 | b. "Hospital" means any place authorized to operate under | ||||||
14 | the "Hospital Licensing Act", approved July 1, 1953, as | ||||||
15 | amended, and any hospital or similar care facility maintained | ||||||
16 | by the State of Illinois or any department or agency thereof. | ||||||
17 | c. "Surviving relative" means the spouse, an adult child, | ||||||
18 | the parent, or an adult brother or sister of the decedent. | ||||||
19 | d. "Written authorization" means any printed, typed or | ||||||
20 | handwritten communication signed by the person granting the | ||||||
21 | authorization. | ||||||
22 | (Source: P.A. 85-1209.) | ||||||
23 | (410 ILCS 505/2) (from Ch. 31, par. 42) |
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1 | Sec. 2. A board-certified forensic pathologist Any | ||||||
2 | physician may perform an autopsy upon the body of a decedent; | ||||||
3 | provided, | ||||||
4 | a. he has a written authorization from the decedent (or | ||||||
5 | from an agent of the decedent as authorized by the decedent | ||||||
6 | under the Powers of Attorney for Health Care Law, as now or | ||||||
7 | hereafter amended) to do so; or | ||||||
8 | b. a written authorization from a surviving relative who | ||||||
9 | has the right to determine the method for disposing of the body | ||||||
10 | or a next of kin or other person who has such right; or | ||||||
11 | c. a telegraphic or telephonic authorization from (i) a | ||||||
12 | surviving relative who has the right to determine the method | ||||||
13 | for disposing of the body or a next of kin or other person who | ||||||
14 | has such right or (ii) an agent of the decedent as authorized | ||||||
15 | by the decedent under the Powers of Attorney for Health Care | ||||||
16 | Law, as now or hereafter amended; provided, the telegraphic or | ||||||
17 | telephonic authorization is verified, in writing, by at least | ||||||
18 | 2 persons who were present at the time and place the | ||||||
19 | authorization was received; | ||||||
20 | d. where 2 or more persons have equal right to determine | ||||||
21 | the method for disposing of the body, the authorization of | ||||||
22 | only one such person shall be necessary, unless, before the | ||||||
23 | autopsy is performed, any others having such equal right shall | ||||||
24 | object in writing or, if not physically present in the | ||||||
25 | community where the autopsy is to be performed, by telephonic | ||||||
26 | or telegraphic communication to the physician by whom the |
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1 | autopsy is to be performed, in which event, the authorization | ||||||
2 | shall be deemed insufficient. | ||||||
3 | In the case of a suspicious child death, the physician | ||||||
4 | shall be a pathologist certified by the Department of Public | ||||||
5 | Health's Advisory Board on Necropsy Services. | ||||||
6 | Authorization may be given to a physician or hospital | ||||||
7 | administrator or his duly authorized representative, but only | ||||||
8 | a board-certified forensic pathologist physician shall perform | ||||||
9 | the autopsy. | ||||||
10 | (Source: P.A. 86-736.) | ||||||
11 | (410 ILCS 505/3) (from Ch. 31, par. 43) | ||||||
12 | Sec. 3. A pathology resident, forensic pathology fellow, | ||||||
13 | The authorized personnel of a hospital , or other qualified | ||||||
14 | personnel selected by a board-certified forensic pathologist | ||||||
15 | may perform an autopsy required pursuant to this Act under the | ||||||
16 | direct supervision of a board-certified forensic pathologist. | ||||||
17 | As used in this Section, "direct supervision" means | ||||||
18 | supervision that is within the facility where a pathology | ||||||
19 | resident or forensic pathology fellow is performing an autopsy | ||||||
20 | and that requires a board-certified forensic pathologist's | ||||||
21 | presence and availability for prompt consultation physician | ||||||
22 | may assist a physician performing an autopsy . | ||||||
23 | (Source: Laws 1965, p. 2996.) | ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law. |