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Public Act 92-0348
HB0382 Enrolled LRB9201013WHcs
AN ACT to amend certain Acts in relation to the
disposition of certain fetuses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by
adding Section 11.4 as follows:
(210 ILCS 85/11.4 new)
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 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.
Section 10. The Vital Records Act is amended by changing
Section 20 as follows:
(410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
Sec. 20. Fetal death; place of registration.
(1) Each fetal death which occurs in this State after a
gestation period of 20 completed weeks (and when the mother
elects in writing to arrange for the burial or cremation of
the fetus under Section 11.4 of the Hospital Licensing Act)
or more shall be registered with the local or subregistrar of
the district in which the delivery occurred within 7 days
after the delivery and before removal of the fetus from the
State, except as provided by regulation in special problem
cases.
(a) For the purposes of this Section, if the place
of fetal death is unknown, a fetal death certificate
shall be filed in the registration district in which a
dead fetus is found, which shall be considered the place
of fetal death.
(b) When a fetal death occurs on a moving
conveyance, the city, village, township, or road district
in which the fetus is first removed from the conveyance
shall be considered the place of delivery and a fetal
death certificate shall be filed in the registration
district in which the place is located.
(c) The funeral director or person acting as such
who first assumes custody of a fetus shall file the
certificate. The personal data shall be obtained from the
best qualified person or source available. The name,
relationship, and address of the informant shall be
entered on the certificate. The date, place, and method
of final disposition of the fetus shall be recorded over
the personal signature and address of the funeral
director responsible for the disposition. The certificate
shall be presented to the person responsible for
completing the medical certification of the cause of
death.
(2) The medical certification shall be completed and
signed within 24 hours after delivery by the physician in
attendance at or after delivery, except when investigation is
required under Division 3-3 of Article 3 of the Counties Code
and except as provided by regulation in special problem
cases.
(3) When a fetal death occurs without medical attendance
upon the mother at or after the delivery, or when
investigation is required under Division 3-3 of Article 3 of
the Counties Code, the coroner shall be responsible for the
completion of the fetal death certificate and shall sign the
medical certification within 24 hours after the delivery or
the finding of the fetus, except as provided by regulation in
special problem cases.
(Source: P.A. 88-159.)
Passed in the General Assembly May 22, 2001.
Approved August 15, 2001.
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