410 ILCS 505/ Autopsy Act.

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410 ILCS 505/0.01

(410 ILCS 505/0.01) (from Ch. 31, par. 40)

Sec. 0.01.

Short title.

This Act may be cited as the

Autopsy Act.

(Source: P.A. 86-1324.)

410 ILCS 505/1

(410 ILCS 505/1) (from Ch. 31, par. 41)

Sec. 1.

a.

"Physician" means any person authorized to practice
medicine in all its branches in accordance with the Medical Practice
Act of 1987, as amended, and wherever
possible, such "Physician" shall be one having special training in pathology.

b.  "Hospital" means any place authorized to operate under the
"Hospital Licensing Act", approved July 1, 1953, as amended, and any
hospital or similar care facility maintained by the State of Illinois or
any department or agency thereof.

c.  "Surviving relative" means the spouse, an adult child, the
parent, or an adult brother or sister of the decedent.

d.  "Written authorization" means any printed, typed or handwritten
communication signed by the person granting the authorization.

(Source: P.A. 85-1209.)

410 ILCS 505/2

(410 ILCS 505/2) (from Ch. 31, par. 42)

Sec. 2.

Any physician may perform an autopsy upon the body of a
decedent; provided,

a.  he has a written authorization from the decedent (or from an agent
of the decedent as authorized by the decedent under the Powers of Attorney
for Health Care Law, as now or hereafter amended) to do so; or

b.  a written authorization from a surviving relative who has the
right to determine the method for disposing of the body or a next of kin
or other person who has such right; or

c.  a telegraphic or telephonic authorization from (i) a surviving
relative who has the right to determine the method for disposing of the
body or a next of kin or other person who has such right or (ii) an agent
of the decedent as authorized by the decedent under the Powers of Attorney
for Health Care Law, as now or hereafter amended; provided, the
telegraphic or telephonic authorization is verified, in writing, by at
least 2 persons who were present at the time and place the authorization
was received;

d. where 2 or more persons have equal right to determine the method
for disposing of the body, the authorization of only one such person
shall be necessary, unless, before the autopsy is performed, any others
having such equal right shall object in writing or, if not physically
present in the community where the autopsy is to be performed, by
telephonic or telegraphic communication to the physician by whom the
autopsy is to be performed, in which event, the authorization shall be
deemed insufficient.

In the case of a suspicious child death, the physician shall be a
pathologist certified by the Department of Public Health's Advisory Board
on Necropsy Services.

Authorization may be given to a physician or hospital administrator
or his duly authorized representative, but only a physician shall
perform the autopsy.

(Source: P.A. 86-736.)

410 ILCS 505/3

(410 ILCS 505/3) (from Ch. 31, par. 43)

Sec. 3.

The authorized personnel of a hospital or other qualified
personnel selected by a physician may assist a physician performing an
autopsy.

(Source: Laws 1965, p. 2996.)

410 ILCS 505/4

(410 ILCS 505/4) (from Ch. 31, par. 44)

Sec. 4.

The provisions of this Act shall not apply to a case of death
without attendance by a physician, where the decedent was under treatment
by a duly authorized practitioner of a recognized church or religious
denomination which relies upon prayer or spiritual means alone for healing.

(Source: Laws 1965, p. 2996.)

410 ILCS 505/5

(410 ILCS 505/5) (from Ch. 31, par. 45)

Sec. 5.

Nothing in this Act shall be construed to contravene or
supersede the provisions of "An Act to revise the law in relation to
coroners", approved February 6, 1874, as amended.

(Source: Laws 1965, p. 2996.)