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| Public Act 096-0338 |
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AN ACT concerning public 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 Hospital Licensing Act is amended by | ||||
changing Section 11.4 as follows:
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(210 ILCS 85/11.4)
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Sec. 11.4. Disposition of fetus. A hospital having custody | ||||
of a fetus
following a spontaneous fetal demise occurring after | ||||
a gestation period of less
than 20 completed weeks must notify | ||||
the mother
of her right to arrange for
the burial or cremation | ||||
of the fetus.
Notification may also include other options such | ||||
as, but not limited to, a
ceremony, a certificate, or common | ||||
burial or cremation of fetal tissue. If, within 24 hours
after | ||||
being notified
under this Section, the mother elects in writing | ||||
to arrange for the burial or
cremation of the fetus, the | ||||
disposition of the fetus shall be subject to the
same laws and | ||||
rules that apply in the case of a fetal death that occurs in | ||||
this
State after a gestation period of 20 completed weeks or | ||||
more. The
Department of Public Health shall develop forms to be | ||||
used for notifications
and elections under this Section
and | ||||
hospitals shall provide the forms to
the mother.
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(Source: P.A. 92-348, eff. 1-1-02.)
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Section 10. The Crematory Regulation Act is amended by | ||
changing Section 35 as follows:
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(410 ILCS 18/35)
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Sec. 35. Cremation procedures.
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(a) Human remains shall not be cremated within 24
hours | ||
after the time of death, as indicated on the Medical
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Examiner's/Coroner's Certificate of Death. In any death, the | ||
human remains
shall not be cremated by the crematory authority | ||
until a cremation permit has
been received from the coroner or | ||
medical examiner of the county in which the
death occurred and | ||
the crematory authority has received a cremation
authorization | ||
form, executed by an authorizing agent, in accordance with the
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provisions of Section 15 of this Act. In no instance, however, | ||
shall the lapse
of time between the death and the cremation be | ||
less than 24 hours, unless (i)
it is known the deceased has an | ||
infectious or dangerous disease and that the
time requirement | ||
is waived in writing by the medical examiner or coroner where
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the death occurred or (ii) because of a religious requirement.
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(b) Except as set forth in subsection (a) of this Section,
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a crematory authority shall have the right to schedule the | ||
actual cremation
to be performed at its own convenience, at any | ||
time after the human remains
have been delivered to the | ||
crematory authority, unless the crematory
authority has | ||
received specific instructions to the contrary on the
cremation | ||
authorization form.
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(c) No crematory authority shall cremate human remains when | ||
it has actual
knowledge that human remains contain a pacemaker | ||
or any other material or
implant that may be potentially | ||
hazardous to the person performing the
cremation.
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(d) No crematory authority shall refuse to accept human | ||
remains for
cremation because such human remains are not | ||
embalmed.
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(e) Whenever a crematory authority is unable or | ||
unauthorized to cremate
human remains immediately upon taking | ||
custody of the remains, the crematory
authority shall place the | ||
human remains in a holding facility in accordance
with the | ||
crematory authority's rules and regulations.
The crematory | ||
authority must notify the authorizing agent of the reasons for
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delay in
cremation if a properly authorized cremation is not | ||
performed within any time
period expressly
contemplated in the | ||
authorization.
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(f) A crematory authority shall not accept a casket or
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alternative container from which there is any evidence of the | ||
leakage of
body fluids.
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(g) The casket or the alternative container shall be | ||
cremated with
the human remains or destroyed, unless the | ||
crematory authority has notified the
authorizing agent to the | ||
contrary on the cremation authorization form and
obtained the | ||
written consent of the authorizing agent.
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(h) The simultaneous cremation of the human remains of more | ||
than one person
within the same cremation chamber, without the | ||
prior written consent of the
authorizing agent, is prohibited | ||
except for common cremation pursuant to Section 11.4 of the | ||
Hospital Licensing Act. Nothing in this subsection, however, | ||
shall
prevent the simultaneous cremation within the same | ||
cremation chamber of body
parts delivered to the crematory | ||
authority from multiple sources, or the use of
cremation | ||
equipment that contains more than one cremation chamber.
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(i) No unauthorized person shall be permitted in the | ||
holding facility or
cremation room while any human remains are | ||
being held there awaiting
cremation, being cremated, or being | ||
removed from the cremation chamber.
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(j) A crematory authority shall not remove any dental gold, | ||
body parts,
organs, or any item of value prior to or subsequent | ||
to a cremation without
previously having received specific | ||
written authorization from the
authorizing agent and written | ||
instructions for the delivery of these items
to the authorizing | ||
agent. Under no circumstances shall a crematory authority
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profit from making or assisting in any removal of valuables.
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(k) Upon the completion of each cremation, and insofar as | ||
is practicable,
all of the recoverable residue of the cremation | ||
process shall be removed from
the cremation chamber.
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(l) If all of the recovered cremated remains will
not fit | ||
within the receptacle that has been selected, the remainder of | ||
the
cremated remains shall be returned to the authorizing agent | ||
or the agent's
designee in a separate container. The crematory | ||
authority shall not return
to an authorizing agent or the | ||
agent's designee more or less cremated
remains than were | ||
removed from the cremation chamber.
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(m) A crematory authority shall not knowingly represent to | ||
an
authorizing agent or the agent's designee that a temporary | ||
container or
urn contains the cremated remains of a specific | ||
decedent when it does not.
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(n) Cremated remains shall be shipped only by a method that | ||
has an internal
tracing system available and that provides a | ||
receipt signed by the person
accepting delivery.
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(o) A crematory authority shall maintain an identification | ||
system that shall
ensure that it shall be able to identify the | ||
human remains in its possession
throughout all phases of the | ||
cremation process.
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(Source: P.A. 92-675, eff. 7-1-03.)
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Section 15. The Vital Records Act is amended by adding | ||
Section 21.5 as follows: | ||
(410 ILCS 535/21.5 new) | ||
Sec. 21.5. Group burial; group cremation. Notwithstanding | ||
Sections 20 and 21 of this Act, a permit for a group burial or | ||
group cremation under Section 11.4 of the Hospital Licensing | ||
Act may be issued without a fetal death certificate. The | ||
Department shall adopt rules to implement this Section.
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