HB3488ham002 100TH GENERAL ASSEMBLY

Rep. Dan Brady

Filed: 4/26/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3488

2    AMENDMENT NO. ______. Amend House Bill 3488, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 2, by deleting lines 13 and 14; and
 
5on page 2, line 15, by replacing "(9)" with "(8)"; and
 
6on page 2, line 22, by replacing "(10)" with "(9)"; and
 
7on page 2, by replacing lines 24 and 25 with the following:
 
8    "Section 7. Definitions. As used in this Act:
9    "Department" means the Department of Public Health.
10    "Qualified medical science institution" means an
11institution of medical, mortuary, or other sciences meeting the
12requirements of Section 25 of this Act.
13    "State facility" means any facility, hospital,
14institution, morgue, or other place for bodies of deceased

 

 

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1persons owned or operated by the State of Illinois, other than
2a qualified medical science institution.
 
3    Section 10. Indigent funeral and burial.
4    (a) If private funds are not available to pay funeral and
5burial costs and a request is made for those costs to an
6official of State or local government by an appropriate family
7member, executor, or agent empowered to direct the disposition
8of the decedent's remains, the official shall inform the
9appropriate family member, executor, or agent empowered to
10direct the disposition of the decedent's remains of the option
11to donate the remains for use in the advancement of medical
12science subject to any written directive of a will or other
13written instrument identified in Section 65 of the Crematory
14Regulation Act or in subsection (a) of Section 40 of the
15Disposition of Remains Act.
16    (b) The appropriate family member, executor, or agent
17empowered to direct the disposition of the decedent's remains
18is responsible for authorizing the use of such remains in
19accordance with the process of the specific qualified medical
20science institution.
21    (c) If funds are not otherwise available for burial or the
22cadaver has not been claimed by a family member or other
23responsible person, the coroner with custody may donate the
24cadaver for medical science purposes pursuant to Section 3-3034
25of the Counties Code.
 

 

 

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1    Section 15. Donation of unclaimed cadavers in the custody
2of the State.
3    (a) The director of any State facility in custody of a
4cadaver shall make reasonable efforts to contact a family
5member or other person responsible for the disposition of the
6remains for the purpose of claiming the remains.
7    (b) If a family member or other person responsible for the
8disposition of the remains requests the remains, the person
9must remove or make arrangements to remove the remains within
1072 hours of notice from the facility.
11    (c) If, after making reasonable efforts to contact a family
12member or other person responsible for the disposition of the
13remains, the cadaver is unclaimed or if a person claiming the
14remains has failed to remove or make arrangements to remove the
15cadaver within 72 hours of notice from the facility, the State
16facility director shall contribute the cadaver to a qualified
17medical science institution for use in the advancement of
18medical science as designated by the Department under Section
1930 of this Act unless it is necessary to preserve the body for
20law enforcement purposes or the decedent has left written
21instructions that he or she does not wish to be cremated or
22donated for medical science.
23    (d) The State facility director shall as soon as is
24practicable after the end of the 72-hour notice period:
25        (1) verify, if known, or make good faith efforts to

 

 

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1    discover, if not known, identifying information regarding
2    the decedent, including ethnicity, religious affiliation,
3    and former associations;
4        (2) after such verification or discovery, provide to
5    the Department all information in its possession relating
6    to the decedent;
7        (3) preserve all information submitted to the
8    Department along with information on how the State facility
9    obtained or attempted to obtain information regarding the
10    decedent, including persons contacted, time of contact,
11    name of contact, and documents reviewed.
12    (e) If a cadaver is contributed to a qualified medical
13science institution under this Section, the State facility
14director shall provide to the institution the name, address,
15e-mail address, and telephone number of the family member or
16other responsible party, if known.
17    (f) A qualified medical science institution receiving a
18cadaver pursuant to this Section is responsible for all costs
19related to the contribution, including transportation of the
20remains.
 
21    Section 20. Institution of medical, mortuary, or other
22sciences.
23    (a) A qualified medical science institution receiving a
24cadaver pursuant to Section 15 of this Act shall:
25        (1) hold the cadaver at its facility for 30 days after

 

 

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1    receipt from the State facility; and
2        (2) ensure during the 30-day period that the cadaver is
3    not used for any purpose other than for embalming.
4    (b) After use of the remains, the qualified medical science
5institution shall cremate them pursuant to Section 19 of the
6Crematory Regulation Act and deliver them to the appropriate
7family member, executor, or agent empowered to direct the
8disposition of the decedent's cremated human remains. If no
9such person is available or if such person is unwilling to
10accept the remains, the qualified medical science institution
11shall inter the cremated human remains at a cemetery licensed
12under the Cemetery Oversight Act. Upon such interment, the
13institution shall notify the family member, executor, or agent
14empowered to direct the disposition of the decedent's remains,
15if known, by mail of the location of the remains. The
16institution shall maintain at all times a registry of such
17interred cremated human remains.
18    (c) A qualified medical science institution is considered
19an authorizing agent under the Crematory Regulation Act only
20for the purpose of ordering the cremation and delivering or
21interring the remains following cremation as provided in this
22Section.
23    (d) If at any time an appropriate family member, executor,
24or agent empowered to direct the disposition of the decedent's
25remains makes a written request concerning disposition or
26return of the remains, the qualified medical science

 

 

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1institution shall, at its own expense, return the remains
2within a reasonable time.
 
3    Section 25. Registry of contributed cadavers and
4institutions of medical, mortuary, or other sciences.
5    (a) An institution of medical, mortuary, or other sciences
6is eligible to receive a contributed cadaver under Section 15
7of this Act if it meets the qualifications determined to be
8appropriate by the Department by rule and registers with the
9Department. Qualified medical science institutions, at a
10minimum, must be either:
11        (1) a medical college or school, or other institution
12    of higher science education or school of mortuary science,
13    public or private;
14        (2) a hospital; or
15        (3) a not-for-profit corporation under Section
16    501(c)(3) of the Internal Revenue Code registered under the
17    Charitable Trust Act.
18    (b) The Department shall maintain a registry of:
19        (1) cadavers that have been contributed to qualified
20    medical science institutions of Section 15; and
21        (2) institutions qualifying as institutions of
22    medical, mortuary, or other sciences eligible to receive
23    donations under this Act.
24    The Department shall update the registry with any new
25information within 24 hours of receiving the information.

 

 

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1    (c) Each qualified medical science institution shall
2submit its request for cadavers in State custody. The
3Department shall designate the next institution to receive a
4cadaver when requested by a State facility.
5    (d) If the number of cadavers is insufficient for the use
6of the relevant institutions, the Department shall determine
7which institution shall receive them, taking into account the
8relative proportion of the numbers of students at each
9institution.
 
10    Section 30. Rules. The Department may adopt rules as
11necessary to implement this Act.
 
12    Section 35. Repealer. This Act is repealed on December 31,
132022."; and
 
14by deleting all of pages 3 through 7; and
 
15on page 8, by deleting lines 1 through 14; and
 
16on page 9, line 17, by replacing "25" with "20".