Full Text of HB4825 101st General Assembly
HB4825 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4825 Introduced 2/18/2020, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 410 ILCS 535/18 | from Ch. 111 1/2, par. 73-18 | 410 ILCS 535/20 | from Ch. 111 1/2, par. 73-20 | 410 ILCS 535/21 | from Ch. 111 1/2, par. 73-21 |
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Amends the Vital Records Act. Provides that death certificates and medical certifications may be completed and signed by advanced practice registered nurses. Makes other changes. Effective January 1, 2021.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Sections 18, 20, and 21 as follows:
| 6 | | (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
| 7 | | Sec. 18. (1) Each death which occurs in this State shall be | 8 | | registered
by filing a death certificate with the local | 9 | | registrar
of the district in which the death occurred or the | 10 | | body was found, within
7 days after such death (within 5 days | 11 | | if the death occurs prior to
January 1, 1989) and prior to | 12 | | cremation or removal of the body from
the State, except when | 13 | | death is subject to investigation by the coroner or
medical | 14 | | examiner.
| 15 | | (a) For the purposes of this Section, if the place of | 16 | | death is unknown,
a death certificate shall be filed in the | 17 | | registration district in which
a dead body is found, which | 18 | | shall be considered the place of death.
| 19 | | (b) When a death occurs on a moving conveyance, the | 20 | | place where the body
is first removed from the conveyance | 21 | | shall be considered the place of death
and a death | 22 | | certificate shall be filed in the registration district in
| 23 | | which such place is located.
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| 1 | | (c) The funeral director who first assumes
custody of a | 2 | | dead body shall be responsible for filing a completed death
| 3 | | certificate. He or she shall obtain the personal data from | 4 | | the next
of kin or the best qualified person or source | 5 | | available; he or she shall enter
on the certificate the | 6 | | name, relationship,
and address of the his informant; he or | 7 | | she shall enter the date, place, and method
of final | 8 | | disposition; he or she shall affix his or her own signature | 9 | | and enter his or her address;
and shall present the | 10 | | certificate to the person responsible for completing
the | 11 | | medical certification of cause of death. The person | 12 | | responsible for completing
the medical certification of | 13 | | cause of death must note the presence of | 14 | | methicillin-resistant staphylococcus aureus, clostridium | 15 | | difficile, or vancomycin-resistant enterococci if it is a | 16 | | contributing factor to or the cause of death. Additional | 17 | | multi-drug resistant organisms (MDROs) may be added to this | 18 | | list by the Department by rule.
| 19 | | (2) The medical certification shall be completed and signed | 20 | | within 48
hours after death by the physician or advanced | 21 | | practice registered nurse in charge of the patient's care for | 22 | | the
illness or condition which resulted in death, except when | 23 | | death is subject
to the coroner's or medical examiner's | 24 | | investigation. In the absence of
the physician or advanced | 25 | | practice registered nurse or with his or her approval, the | 26 | | medical certificate may be
completed and signed by his or her |
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| 1 | | associate physician or advanced practice registered nurse , the | 2 | | chief medical officer
of the institution in which death | 3 | | occurred , or by the physician who
performed an autopsy upon the | 4 | | decedent.
| 5 | | (3) When a death occurs without medical attendance, or when | 6 | | it is otherwise
subject to the coroner's or medical examiner's | 7 | | investigation, the coroner
or medical examiner shall be | 8 | | responsible for the completion of a coroner's
or medical | 9 | | examiner's certificate of death and shall sign the medical
| 10 | | certification within 48 hours after death, except as provided | 11 | | by regulation
in special problem cases. If the decedent was | 12 | | under the age of 18 years at the time of his or her death, and | 13 | | the death was due to injuries suffered as a result of a motor | 14 | | vehicle backing over a child, or if the death occurred due to | 15 | | the power window of a motor vehicle, the coroner or medical | 16 | | examiner must send a copy of the medical certification, with | 17 | | information documenting that the death was due to a vehicle | 18 | | backing over the child or that the death was caused by a power | 19 | | window of a vehicle, to the Department of Children and Family | 20 | | Services. The Department of Children and Family Services shall | 21 | | (i) collect this information for use by Child Death Review | 22 | | Teams and (ii) compile and maintain this information as part of | 23 | | its Annual Child Death Review Team Report to the General | 24 | | Assembly.
| 25 | | (3.5) The medical certification of cause of death shall | 26 | | expressly provide
an
opportunity for the person completing the
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| 1 | | certification to indicate that the death was caused in whole or | 2 | | in part by a
dementia-related disease, Parkinson's Disease, or | 3 | | Parkinson-Dementia Complex.
| 4 | | (4) When the deceased was a veteran of any war of the | 5 | | United States, the
funeral director shall prepare a | 6 | | "Certificate of Burial of U. S. War Veteran",
as prescribed and | 7 | | furnished by the Illinois Department of Veterans' Affairs,
and | 8 | | submit such certificate to the Illinois Department of Veterans' | 9 | | Affairs
monthly.
| 10 | | (5) When a death is presumed to have occurred in this State | 11 | | but the
body cannot be located, a death certificate may be | 12 | | prepared by the State
Registrar upon receipt of an order of a | 13 | | court of competent jurisdiction
which includes the finding of | 14 | | facts required to complete the death
certificate. Such death | 15 | | certificate shall be marked "Presumptive" and shall
show on its | 16 | | face the date of the registration and shall identify the court
| 17 | | and the date of the judgment.
| 18 | | (Source: P.A. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)
| 19 | | (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
| 20 | | Sec. 20. Fetal death; place of registration.
| 21 | | (1) Each fetal death which occurs in this State after a | 22 | | gestation
period of 20 completed weeks (and when the mother | 23 | | elects in writing to
arrange for the burial or cremation of the | 24 | | fetus under Section 11.4 of the
Hospital Licensing Act) or more | 25 | | shall be registered with the local or
subregistrar of the |
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| 1 | | district in which the delivery occurred within 7 days
after the | 2 | | delivery and before removal of the fetus from the State,
except | 3 | | as provided by regulation in special problem cases.
| 4 | | (a) For the purposes of this Section, if the place of | 5 | | fetal death
is unknown, a fetal death certificate shall be | 6 | | filed in the registration
district in which a dead fetus is | 7 | | found, which shall be considered the
place of fetal death.
| 8 | | (b) When a fetal death occurs on a moving conveyance, | 9 | | the city, village,
township, or road district in which the | 10 | | fetus is first removed from the
conveyance shall be | 11 | | considered the place of delivery and a fetal death
| 12 | | certificate shall be filed in the registration district in | 13 | | which the place
is located.
| 14 | | (c) The funeral director or person acting as such who | 15 | | first assumes
custody of a fetus shall file the | 16 | | certificate. The personal data shall be
obtained from the | 17 | | best qualified person or source available. The name,
| 18 | | relationship, and address of the informant shall be entered | 19 | | on
the certificate. The date, place, and method of final | 20 | | disposition of the
fetus shall be recorded over the | 21 | | personal signature and address of the
funeral director | 22 | | responsible for the disposition. The certificate shall be
| 23 | | presented to the person responsible for completing the | 24 | | medical
certification of the cause of death.
| 25 | | (2) The medical certification shall be completed and signed | 26 | | within 24
hours after delivery by the physician or advanced |
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| 1 | | practice registered nurse in attendance at or after delivery,
| 2 | | except when investigation is required under Division 3-3 of | 3 | | Article 3 of the
Counties Code and except as provided by | 4 | | regulation in special
problem cases.
| 5 | | (3) When a fetal death occurs without medical attendance | 6 | | upon the mother
at or after the delivery, or when investigation | 7 | | is required under Division
3-3 of Article 3 of the Counties | 8 | | Code, the coroner shall be responsible for
the completion of | 9 | | the fetal death certificate and shall sign the medical
| 10 | | certification within 24 hours after the delivery or the finding | 11 | | of the
fetus, except as provided by regulation in special | 12 | | problem cases.
| 13 | | (Source: P.A. 92-348, eff. 1-1-02.)
| 14 | | (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
| 15 | | Sec. 21.
(1) The funeral director or person acting as such | 16 | | who first
assumes custody of a dead body or fetus shall make a | 17 | | written report to the
registrar of the district in which death | 18 | | occurred or in which the body or
fetus was found within 24 | 19 | | hours after taking custody of the body or fetus
on a form | 20 | | prescribed and furnished by the State Registrar and in | 21 | | accordance
with the rules promulgated by the State Registrar. | 22 | | Except as specified in
paragraph (2) of this Section, the | 23 | | written report shall serve as a permit
to transport, bury , or | 24 | | entomb the body or fetus within this State, provided
that the | 25 | | funeral director or person acting as such shall certify that |
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| 1 | | the physician or advanced practice registered nurse in charge | 2 | | of the patient's care for the illness or condition
which | 3 | | resulted in death has been contacted and has affirmatively | 4 | | stated
that he or she will sign the medical certificate of | 5 | | death or the fetal death
certificate. If a funeral director
| 6 | | fails to file written
reports under this Section in a timely | 7 | | manner, the local registrar
may suspend the funeral director's | 8 | | privilege of filing written
reports by mail.
In a county with a | 9 | | population greater than 3,000,000, if a funeral director
or | 10 | | person acting as such inters or entombs a dead body
without | 11 | | having previously certified that the physician or advanced | 12 | | practice registered nurse in charge of the
patient's care for | 13 | | the illness or condition that resulted in death has been
| 14 | | contacted and has affirmatively stated that he or she will sign | 15 | | the medical
certificate of death,
then that funeral
director or | 16 | | person acting as such
is responsible for payment of the | 17 | | specific costs incurred by the county
medical examiner in
| 18 | | disinterring and reinterring or reentombing
the dead body.
| 19 | | (2) The written report as specified in paragraph (1) of | 20 | | this Section shall
not serve as a permit to:
| 21 | | (a) Remove body or fetus from this State;
| 22 | | (b) Cremate the body or fetus; or
| 23 | | (c) Make disposal of any body or fetus in any manner | 24 | | when death is subject
to the coroner's or medical | 25 | | examiner's investigation.
| 26 | | (3) In accordance with the provisions of paragraph (2) of |
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| 1 | | this Section
the funeral director or person acting as such who | 2 | | first assumes custody
of a dead body or fetus shall obtain a | 3 | | permit for disposition of such
dead human body prior to final | 4 | | disposition or removal from the State of the
body or fetus. | 5 | | Such permit shall be issued by the registrar of the
district | 6 | | where death occurred or the body or fetus was found. No such
| 7 | | permit shall be issued until a properly completed certificate | 8 | | of death has
been filed with the registrar. The registrar shall | 9 | | insure the issuance of
a permit for disposition within an | 10 | | expedited period of time to accommodate
Sunday or holiday | 11 | | burials of decedents whose time of death and religious
tenets | 12 | | or beliefs necessitate Sunday or holiday burials.
| 13 | | (4) A permit which accompanies a dead body or fetus brought | 14 | | into this
State shall be authority for final disposition of the | 15 | | body or fetus in this
State, except in municipalities where | 16 | | local ordinance requires the issuance
of a local permit prior | 17 | | to disposition.
| 18 | | (5) A permit for disposition of a dead human body shall be | 19 | | required
prior to disinterment of a dead body or fetus, and | 20 | | when the disinterred
body is to be shipped by a common carrier. | 21 | | Such permit shall be issued to
a licensed funeral director or | 22 | | person acting as such, upon proper
application, by the local | 23 | | registrar of the district in which disinterment
is to be made. | 24 | | In the case of disinterment, proper application shall
include a | 25 | | statement providing the name and address of any surviving | 26 | | spouse
of the deceased, or, if none, any surviving children of |
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| 1 | | the deceased, or if
no surviving spouse or children, a parent, | 2 | | brother, or sister of the
deceased. The
application shall | 3 | | indicate whether the applicant is one of these parties
and, if | 4 | | so, whether the applicant is a surviving spouse or a surviving
| 5 | | child. Prior to the issuance of a permit for disinterment, the
| 6 | | local registrar shall, by certified mail, notify the surviving | 7 | | spouse,
unless he or she is the applicant, or if there is no | 8 | | surviving spouse, all
surviving children except for the | 9 | | applicant, of the application for the
permit. The person or | 10 | | persons notified shall have 30 days from the mailing
of the | 11 | | notice to object by obtaining an injunction enjoining the | 12 | | issuance
of the permit. After the 30-day period has expired, | 13 | | the local registrar
shall issue the permit unless he or she has | 14 | | been enjoined from doing so or
there are other statutory | 15 | | grounds for refusal. The notice to the spouse or
surviving | 16 | | children shall inform the person or persons being notified of | 17 | | the
right to seek an injunction within 30 days. Notwithstanding | 18 | | any other
provision of this subsection (5), a court may order | 19 | | issuance of a permit
for disinterment without notice or prior | 20 | | to the expiration of the 30-day
period where the petition is | 21 | | made by an agency of any governmental unit and
good cause is | 22 | | shown for disinterment without notice or for the early order.
| 23 | | Nothing in this subsection (5) limits the authority of the City | 24 | | of Chicago to
acquire property or otherwise exercise its powers | 25 | | under the O'Hare
Modernization Act or requires that City,
or
| 26 | | any person acting on behalf of that City, to obtain a permit |
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| 1 | | under this
subsection (5) when exercising powers under the | 2 | | O'Hare Modernization Act. The Illinois Department of | 3 | | Transportation, and any person acting on its behalf under a | 4 | | public-private agreement entered into in accordance with the | 5 | | Public-Private Agreements for the South Suburban Airport Act, | 6 | | is exempt from this subsection (5), provided that the Illinois | 7 | | Department of Transportation, or any such person, takes | 8 | | reasonable steps to comply with the provisions of this | 9 | | subsection (5) so long as compliance does not interfere with | 10 | | the design, development, operation, or maintenance of the South | 11 | | Suburban Airport or the exercise of their powers under the | 12 | | Public-Private Agreements for the South Suburban Airport Act.
| 13 | | (Source: P.A. 98-109, eff. 7-25-13.)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2021.
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