State of Illinois
92nd General Assembly
Legislation

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92_SB0258

 
                                               LRB9205847WHcs

 1        AN   ACT  to  amend  certain  Acts  in  relation  to  the
 2    disposition of certain fetuses.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Hospital  Licensing  Act  is amended by
 6    adding Section 11.4 as follows:

 7        (210 ILCS 85/11.4 new)
 8        Sec.  11.4.  Disposition  of  fetus.  A  hospital  having
 9    custody of a fetus following a fetal death occurring after  a
10    gestation  period of less than 20 completed weeks must notify
11    the mother (and the father, if the father's  whereabouts  are
12    known  to the hospital) of that parent's right to arrange for
13    the burial or cremation of the fetus.  If,  within  24  hours
14    after  being  notified under this Section, a parent elects in
15    writing to arrange for the burial or cremation of the  fetus,
16    the  disposition  of  the  fetus shall be subject to the same
17    laws and rules that apply in the case of a fetal  death  that
18    occurs in this State after a gestation period of 20 completed
19    weeks  or more. The Department of Public Health shall develop
20    forms to be used for notifications and elections  under  this
21    Section and hospitals shall provide the forms to parents.

22        Section 10.  The Vital Records Act is amended by changing
23    Section 20 as follows:

24        (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
25        Sec. 20.  Fetal death; place of registration.
26        (1)  Each  fetal death which occurs in this State after a
27    gestation period of 20 completed weeks (and each fetal  death
28    which  occurs  in this State after a gestation period of less
29    than 20 completed weeks when a parent elects in   writing  to
 
                            -2-                LRB9205847WHcs
 1    arrange  for  the  burial  or  cremation  of  the fetus under
 2    Section 11.4 of the Hospital Licensing Act) or more shall  be
 3    registered  with the local or subregistrar of the district in
 4    which the delivery occurred within 7 days after the  delivery
 5    and  before  removal  of  the fetus from the State, except as
 6    provided by regulation in special problem cases.
 7             (a)  For the purposes of this Section, if the  place
 8        of  fetal  death  is  unknown,  a fetal death certificate
 9        shall be filed in the registration district  in  which  a
10        dead  fetus is found, which shall be considered the place
11        of fetal death.
12             (b)  When  a  fetal  death  occurs   on   a   moving
13        conveyance, the city, village, township, or road district
14        in  which  the fetus is first removed from the conveyance
15        shall be considered the place of  delivery  and  a  fetal
16        death  certificate  shall  be  filed  in the registration
17        district in which the place is located.
18             (c)  The funeral director or person acting  as  such
19        who  first  assumes  custody  of  a  fetus shall file the
20        certificate. The personal data shall be obtained from the
21        best qualified person  or  source  available.  The  name,
22        relationship,  and  address  of  the  informant  shall be
23        entered on the certificate. The date, place,  and  method
24        of  final disposition of the fetus shall be recorded over
25        the  personal  signature  and  address  of  the   funeral
26        director responsible for the disposition. The certificate
27        shall   be   presented  to  the  person  responsible  for
28        completing the medical  certification  of  the  cause  of
29        death.
30        (2)  The  medical  certification  shall  be completed and
31    signed within 24 hours after delivery  by  the  physician  in
32    attendance at or after delivery, except when investigation is
33    required under Division 3-3 of Article 3 of the Counties Code
34    and  except  as  provided  by  regulation  in special problem
 
                            -3-                LRB9205847WHcs
 1    cases.
 2        (3)  When a fetal death occurs without medical attendance
 3    upon  the  mother  at  or  after  the   delivery,   or   when
 4    investigation  is required under Division 3-3 of Article 3 of
 5    the Counties Code, the coroner shall be responsible  for  the
 6    completion  of the fetal death certificate and shall sign the
 7    medical certification within 24 hours after the  delivery  or
 8    the finding of the fetus, except as provided by regulation in
 9    special problem cases.
10    (Source: P.A. 88-159.)

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