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| Public Act 102-0844 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Vital Records Act is amended by changing | ||||
Sections 1 and 18 as follows:
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(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
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Sec. 1. As used in this Act, unless the context otherwise | ||||
requires:
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(1) "Vital records" means records of births, deaths, fetal | ||||
deaths,
marriages, dissolution of marriages, and data related | ||||
thereto.
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(2) "System of vital records" includes the registration, | ||||
collection,
preservation, amendment, and certification of | ||||
vital records, and
activities related thereto.
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(3) "Filing" means the presentation of a certificate, | ||||
report, or
other record provided for in this Act, of a birth, | ||||
death, fetal death,
adoption, marriage, or dissolution of | ||||
marriage, for registration by the Office of Vital
Records.
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(4) "Registration" means the acceptance by the Office of | ||||
Vital
Records and the incorporation in its official records of | ||||
certificates,
reports, or other records provided for in this | ||||
Act, of births, deaths,
fetal deaths, adoptions, marriages, or | ||||
dissolution of marriages.
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(5) "Live birth" means the complete expulsion or | ||
extraction from its
mother of a product of human conception, | ||
irrespective of the duration of
pregnancy, which after such | ||
separation breathes or shows any other
evidence of life such | ||
as beating of the heart, pulsation of the
umbilical cord, or | ||
definite movement of voluntary muscles, whether or
not the | ||
umbilical cord has been cut or the placenta is attached.
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(6) "Fetal death" means death prior to the complete | ||
expulsion or
extraction from the uterus of a product of human | ||
conception,
irrespective of the duration of pregnancy, and | ||
which is not due to an abortion as defined in Section 1-10 of | ||
the Reproductive Health Act. The death is indicated by the
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fact that after such separation the fetus does not breathe or | ||
show any
other evidence of life such as beating of the heart, | ||
pulsation of the
umbilical cord, or definite movement of | ||
voluntary muscles.
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(7) "Dead body" means a lifeless human body or parts of | ||
such body or
bones thereof from the state of which it may | ||
reasonably be concluded
that death has occurred.
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(8) "Final disposition" means the burial, cremation, or | ||
other
disposition of a dead human body or fetus or parts | ||
thereof.
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(9) "Physician" means a person licensed to practice | ||
medicine in
Illinois or any other state.
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(10) "Institution" means any establishment, public or | ||
private, which
provides in-patient medical, surgical, or | ||
diagnostic care or treatment,
or nursing, custodial, or | ||
domiciliary care to 2 or more unrelated
individuals, or to | ||
which persons are committed by law.
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(11) "Department" means the Department of Public Health of | ||
the State
of Illinois.
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(12) "Director" means the Director of the Illinois | ||
Department of
Public Health.
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(13) "Licensed health care professional" means a person | ||
licensed to practice as a physician, advanced practice | ||
registered nurse, or physician assistant in Illinois or any | ||
other state. | ||
(14) "Licensed mental health professional" means a person | ||
who is licensed or registered to provide mental health | ||
services by the Department of Financial and Professional | ||
Regulation or a board of registration duly authorized to | ||
register or grant licenses to persons engaged in the practice | ||
of providing mental health services in Illinois or any other | ||
state. | ||
(15) "Intersex condition" means a condition in which a | ||
person is born with a reproductive or sexual anatomy or | ||
chromosome pattern that does not fit typical definitions of | ||
male or female. | ||
(16) "Homeless person" means an individual who meets the | ||
definition of "homeless" under Section 103 of the federal | ||
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an | ||
individual residing in any of the living situations described | ||
in 42 U.S.C. 11434a(2). | ||
(17) "Advanced practice registered nurse" means: (i) an | ||
advanced practice registered nurse with full practice | ||
authority; or (ii) an advanced practice registered nurse with | ||
a collaborative agreement with a physician who has delegated | ||
the completion of death certificates. | ||
(18) "Certifying health care professional" means a | ||
physician, physician assistant, or advanced practice | ||
registered nurse. | ||
(19) "Physician assistant" means a physician assistant who | ||
practices in accordance with a written collaborative agreement | ||
that includes the completion of death certificates. | ||
(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22.)
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(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
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Sec. 18. (1) Each death which occurs in this State shall be | ||
registered
by filing a death certificate with the local | ||
registrar
of the district in which the death occurred or the | ||
body was found, within
7 days after such death (within 5 days | ||
if the death occurs prior to
January 1, 1989) and prior to | ||
cremation or removal of the body from
the State, except when | ||
death is subject to investigation by the coroner or
medical | ||
examiner.
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(a) For the purposes of this Section, if the place of | ||
death is unknown,
a death certificate shall be filed in | ||
the registration district in which
a dead body is found, | ||
which shall be considered the place of death.
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(b) When a death occurs on a moving conveyance, the | ||
place where the body
is first removed from the conveyance | ||
shall be considered the place of death
and a death | ||
certificate shall be filed in the registration district in
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which such place is located.
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(c) The funeral director who first assumes
custody of | ||
a dead body shall be responsible for filing a completed | ||
death
certificate. He or she shall obtain the personal | ||
data from the next
of kin or the best qualified person or | ||
source available; he or she shall enter
on the certificate | ||
the name, relationship,
and address of the informant; he | ||
or she shall enter the date, place, and method
of final | ||
disposition; he or she shall affix his or her own | ||
signature and enter his or her address;
and shall present | ||
the certificate to the person responsible for completing
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the medical certification of cause of death. The person | ||
responsible for completing
the medical certification of | ||
cause of death must note the presence of | ||
methicillin-resistant staphylococcus aureus, clostridium | ||
difficile, or vancomycin-resistant enterococci if it is a | ||
contributing factor to or the cause of death. Additional | ||
multi-drug resistant organisms (MDROs) may be added to | ||
this list by the Department by rule.
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(2) The medical certification shall be completed and | ||
signed within 48
hours after death by the certifying health | ||
care professional who, within 12 months prior to the date of | ||
the patient's death, was treating or managing treatment of the | ||
patient's
illness or condition which resulted in death, except | ||
when death is subject
to the coroner's or medical examiner's | ||
investigation. In the absence of
the certifying health care | ||
professional or with his or her approval, the medical | ||
certificate may be
completed and signed by his or her | ||
associate physician or advanced practice registered nurse, | ||
physician assistant, the chief medical officer
of the | ||
institution in which death occurred, or by the physician who
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performed an autopsy upon the decedent.
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(3) When a death occurs without medical attendance, or | ||
when it is otherwise
subject to the coroner's or medical | ||
examiner's investigation, the coroner
or medical examiner | ||
shall be responsible for the completion of a coroner's
or | ||
medical examiner's certificate of death and shall sign the | ||
medical
certification within 48 hours after death, except as | ||
provided by regulation
in special problem cases. If the | ||
decedent was under the age of 18 years at the time of his or | ||
her death, and the death was due to injuries suffered as a | ||
result of a motor vehicle backing over a child, or if the death | ||
occurred due to the power window of a motor vehicle, the | ||
coroner or medical examiner must send a copy of the medical | ||
certification, with information documenting that the death was | ||
due to a vehicle backing over the child or that the death was | ||
caused by a power window of a vehicle, to the Department of | ||
Children and Family Services. The Department of Children and | ||
Family Services shall (i) collect this information for use by | ||
Child Death Review Teams and (ii) compile and maintain this | ||
information as part of its Annual Child Death Review Team | ||
Report to the General Assembly.
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(3.5) The medical certification of cause of death shall | ||
expressly provide
an
opportunity for the person completing the
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certification to indicate that the death was caused in whole | ||
or in part by a
dementia-related disease, Parkinson's Disease, | ||
or Parkinson-Dementia Complex.
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(4) When the deceased was a veteran of any war of the | ||
United States, the
funeral director shall prepare a | ||
"Certificate of Burial of U. S. War Veteran",
as prescribed | ||
and furnished by the Illinois Department of Veterans' Affairs,
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and submit such certificate to the Illinois Department of | ||
Veterans' Affairs
monthly.
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(5) When a death is presumed to have occurred in this State | ||
but the
body cannot be located, a death certificate may be | ||
prepared by the State
Registrar upon receipt of an order of a | ||
court of competent jurisdiction
which includes the finding of | ||
facts required to complete the death
certificate. Such death | ||
certificate shall be marked "Presumptive" and shall
show on | ||
its face the date of the registration and shall identify the | ||
court
and the date of the judgment.
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(Source: P.A. 102-257, eff. 1-1-22.)
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