Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0948
2	1		SB3182 EnrolledLRB103 32565 SPS 62158 b SB3182 Enrolled LRB103 32565 SPS 62158 b
3	2		SB3182 Enrolled LRB103 32565 SPS 62158 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Hospital Licensing Act is amended by
8		-	changing Section 11.4 and by adding Section 11.9 as follows:
9		-	(210 ILCS 85/11.4)
10		-	Sec. 11.4. Disposition of fetus. A hospital having custody
11		-	of a fetus following a spontaneous fetal demise occurring
12		-	during or after a gestation period of less than 20 completed
13		-	weeks must notify the patient of the mother of her right to
14		-	arrange for the burial or cremation of the fetus. Notification
15		-	may also include other options such as, but not limited to, a
16		-	ceremony, a certificate, or common burial or cremation of
17		-	fetal tissue. If, within 24 hours after being notified under
18		-	this Section, the patient mother elects in writing to arrange
19		-	for the burial or cremation of the fetus, the disposition of
20		-	the fetus shall be subject to the same laws and rules that
21		-	apply in the case of a fetal death that occurs in this State
22		-	after a gestation period of 20 completed weeks or more. The
23		-	Department of Public Health shall develop forms to be used for
24		-	notifications and elections under this Section and hospitals
25		-	shall provide the forms to the patient mother.
26		-	(Source: P.A. 96-338, eff. 1-1-10.)
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Hospital Licensing Act is amended by
	7	+	5 changing Section 11.4 and by adding Section 11.9 as follows:
	8	+	6 (210 ILCS 85/11.4)
	9	+	7 Sec. 11.4. Disposition of fetus. A hospital having custody
	10	+	8 of a fetus following a spontaneous fetal demise occurring
	11	+	9 during or after a gestation period of less than 20 completed
	12	+	10 weeks must notify the patient of the mother of her right to
	13	+	11 arrange for the burial or cremation of the fetus. Notification
	14	+	12 may also include other options such as, but not limited to, a
	15	+	13 ceremony, a certificate, or common burial or cremation of
	16	+	14 fetal tissue. If, within 24 hours after being notified under
	17	+	15 this Section, the patient mother elects in writing to arrange
	18	+	16 for the burial or cremation of the fetus, the disposition of
	19	+	17 the fetus shall be subject to the same laws and rules that
	20	+	18 apply in the case of a fetal death that occurs in this State
	21	+	19 after a gestation period of 20 completed weeks or more. The
	22	+	20 Department of Public Health shall develop forms to be used for
	23	+	21 notifications and elections under this Section and hospitals
	24	+	22 shall provide the forms to the patient mother.
	25	+	23 (Source: P.A. 96-338, eff. 1-1-10.)
27	26
28	27
29	28
30	29		SB3182 Enrolled LRB103 32565 SPS 62158 b
31	30
32	31
33		-	(210 ILCS 85/11.9 new)
34		-	Sec. 11.9. Certificate of birth resulting in stillbirth;
35		-	notification. This Section may be referred to as Liam's Law.
36		-	A hospital having custody of a fetus following a
37		-	spontaneous fetal death occurring during or after a gestation
38		-	period of at least 20 completed weeks must notify the
39		-	gestational parent of the parent's right to receive a
40		-	certificate of birth resulting in stillbirth as described in
41		-	Section 20.5 of the Vital Records Act. The Department of
42		-	Public Health shall develop language on a form to be used for
43		-	notification under this Section and hospitals shall provide
44		-	the form to the gestational parent. This section of language
45		-	shall be known as a "Liam's Law notice". The "Liam's Law
46		-	notice" shall be available in both English and Spanish.
47		-	Section 10. The Vital Records Act is amended by changing
48		-	Sections 20 and 20.5 as follows:
49		-	(410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
50		-	Sec. 20. Fetal death; place of registration.
51		-	(1) Each fetal death which occurs in this State after a
52		-	gestation period of 20 completed weeks (or and when the
53		-	patient mother elects in writing to arrange for the burial or
54		-	cremation of the fetus under Section 11.4 of the Hospital
55		-	Licensing Act) or more shall be registered with the local or
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	34	+	1 (210 ILCS 85/11.9 new)
	35	+	2 Sec. 11.9. Certificate of birth resulting in stillbirth;
	36	+	3 notification. This Section may be referred to as Liam's Law.
	37	+	4 A hospital having custody of a fetus following a
	38	+	5 spontaneous fetal death occurring during or after a gestation
	39	+	6 period of at least 20 completed weeks must notify the
	40	+	7 gestational parent of the parent's right to receive a
	41	+	8 certificate of birth resulting in stillbirth as described in
	42	+	9 Section 20.5 of the Vital Records Act. The Department of
	43	+	10 Public Health shall develop language on a form to be used for
	44	+	11 notification under this Section and hospitals shall provide
	45	+	12 the form to the gestational parent. This section of language
	46	+	13 shall be known as a "Liam's Law notice". The "Liam's Law
	47	+	14 notice" shall be available in both English and Spanish.
	48	+	15 Section 10. The Vital Records Act is amended by changing
	49	+	16 Sections 20 and 20.5 as follows:
	50	+	17 (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
	51	+	18 Sec. 20. Fetal death; place of registration.
	52	+	19 (1) Each fetal death which occurs in this State after a
	53	+	20 gestation period of 20 completed weeks (or and when the
	54	+	21 patient mother elects in writing to arrange for the burial or
	55	+	22 cremation of the fetus under Section 11.4 of the Hospital
	56	+	23 Licensing Act) or more shall be registered with the local or
56	57
57	58
58		-	subregistrar of the district in which the delivery occurred
59		-	within 7 days after the delivery and before removal of the
60		-	fetus from the State, except as provided by regulation in
61		-	special problem cases.
62		-	(a) For the purposes of this Section, if the place of
63		-	fetal death is unknown, a fetal death certificate shall be
64		-	filed in the registration district in which a dead fetus
65		-	is found, which shall be considered the place of fetal
66		-	death.
67		-	(b) When a fetal death occurs on a moving conveyance,
68		-	the city, village, township, or road district in which the
69		-	fetus is first removed from the conveyance shall be
70		-	considered the place of delivery and a fetal death
71		-	certificate shall be filed in the registration district in
72		-	which the place is located.
73		-	(c) The funeral director or person acting as such who
74		-	first assumes custody of a fetus shall file the
75		-	certificate. The personal data shall be obtained from the
76		-	best qualified person or source available. The name,
77		-	relationship, and address of the informant shall be
78		-	entered on the certificate. The date, place, and method of
79		-	final disposition of the fetus shall be recorded over the
80		-	personal signature and address of the funeral director
81		-	responsible for the disposition. The certificate shall be
82		-	presented to the person responsible for completing the
83		-	medical certification of the cause of death.
84	59
85	60
86		-	(2) The medical certification shall be completed and
87		-	signed within 24 hours after delivery by the certifying health
88		-	care professional in attendance at or after delivery, except
89		-	when investigation is required under Division 3-3 of Article 3
90		-	of the Counties Code and except as provided by regulation in
91		-	special problem cases.
92		-	(3) When a fetal death occurs without medical attendance
93		-	upon the mother at or after the delivery, or when
94		-	investigation is required under Division 3-3 of Article 3 of
95		-	the Counties Code, the coroner shall be responsible for the
96		-	completion of the fetal death certificate and shall sign the
97		-	medical certification within 24 hours after the delivery or
98		-	the finding of the fetus, except as provided by regulation in
99		-	special problem cases.
100		-	(Source: P.A. 102-257, eff. 1-1-22.)
101		-	(410 ILCS 535/20.5)
102		-	Sec. 20.5. Certificate of birth resulting in stillbirth.
103		-	(a) The State Registrar shall prescribe and distribute a
104		-	form for a certificate of birth resulting in stillbirth. The
105		-	certificate shall be in the same format as a certificate of
106		-	live birth prepared under Section 12 and shall be filed in the
107		-	same manner as a certificate of live birth.
108		-	(b) After each fetal death that occurs in this State after
109		-	a gestation period of at least 20 completed weeks, the State
110		-	Registrar of Vital Records shall, only upon request by a
	61	+
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111	63
112	64
113		-	parent named on the fetal death certificate, prepare and issue
114		-	a certificate of birth resulting in stillbirth. After each
115		-	fetal death that occurs in this State after a gestation period
116		-	of at least 26 completed weeks, the person who files a fetal
117		-	death certificate in connection with that death as required
118		-	under Section 20 shall, only upon request by the woman who
119		-	delivered the stillborn fetus, also prepare a certificate of
120		-	stillbirth. The person shall prepare the certificate on the
121		-	form prescribed and furnished by the State Registrar and in
122		-	accordance with the rules adopted by the State Registrar.
123		-	(b-5) A person who files a fetal death certificate as
124		-	described under subsection (b) shall notify the gestational
125		-	parent of the stillborn of that parent's right to request and
126		-	receive a certificate of birth resulting in stillbirth under
127		-	subsection (b). The Department shall develop language for
128		-	notification under this subsection. This language shall be
129		-	titled and known as a "Liam's Law notice".
130		-	(c) If the stillborn's parent or parents do not wish to
131		-	provide a name for the stillborn, the person who prepares the
132		-	certificate of birth resulting in stillbirth shall leave blank
133		-	any references to the stillborn's name.
134		-	(d) When a stillbirth occurs in this State and the
135		-	stillbirth has not been registered within one year after the
136		-	delivery, a certificate marked "delayed" may be filed and
137		-	registered in accordance with regulations adopted by the State
138		-	Registrar. The certificate must show on its face the date of
	65	+	SB3182 Enrolled- 3 -LRB103 32565 SPS 62158 b SB3182 Enrolled - 3 - LRB103 32565 SPS 62158 b
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	67	+	1 subregistrar of the district in which the delivery occurred
	68	+	2 within 7 days after the delivery and before removal of the
	69	+	3 fetus from the State, except as provided by regulation in
	70	+	4 special problem cases.
	71	+	5 (a) For the purposes of this Section, if the place of
	72	+	6 fetal death is unknown, a fetal death certificate shall be
	73	+	7 filed in the registration district in which a dead fetus
	74	+	8 is found, which shall be considered the place of fetal
	75	+	9 death.
	76	+	10 (b) When a fetal death occurs on a moving conveyance,
	77	+	11 the city, village, township, or road district in which the
	78	+	12 fetus is first removed from the conveyance shall be
	79	+	13 considered the place of delivery and a fetal death
	80	+	14 certificate shall be filed in the registration district in
	81	+	15 which the place is located.
	82	+	16 (c) The funeral director or person acting as such who
	83	+	17 first assumes custody of a fetus shall file the
	84	+	18 certificate. The personal data shall be obtained from the
	85	+	19 best qualified person or source available. The name,
	86	+	20 relationship, and address of the informant shall be
	87	+	21 entered on the certificate. The date, place, and method of
	88	+	22 final disposition of the fetus shall be recorded over the
	89	+	23 personal signature and address of the funeral director
	90	+	24 responsible for the disposition. The certificate shall be
	91	+	25 presented to the person responsible for completing the
	92	+	26 medical certification of the cause of death.
139	93
140	94
141		-	registration.
142		-	(e) In the case of a fetal death that occurred in this
143		-	State after a gestation period of at least 20 26 completed
144		-	weeks and before the effective date of this amendatory Act of
145		-	the 103rd General Assembly this amendatory Act of the 93rd
146		-	General Assembly, a parent of the stillborn child may request
147		-	that the person who filed a fetal death certificate in
148		-	connection with that death as required under Section 20 shall
149		-	also prepare a certificate of birth resulting in stillbirth
150		-	with respect to the fetus. If a parent of a stillborn makes
151		-	such a request under this subsection (e), the person who filed
152		-	a fetal death certificate shall prepare the certificate of
153		-	birth resulting in stillbirth and file it with the designated
154		-	registrar within 30 days after the request by the parent.
155		-	(Source: P.A. 93-578, eff. 8-21-03.)
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	103	+	1 (2) The medical certification shall be completed and
	104	+	2 signed within 24 hours after delivery by the certifying health
	105	+	3 care professional in attendance at or after delivery, except
	106	+	4 when investigation is required under Division 3-3 of Article 3
	107	+	5 of the Counties Code and except as provided by regulation in
	108	+	6 special problem cases.
	109	+	7 (3) When a fetal death occurs without medical attendance
	110	+	8 upon the mother at or after the delivery, or when
	111	+	9 investigation is required under Division 3-3 of Article 3 of
	112	+	10 the Counties Code, the coroner shall be responsible for the
	113	+	11 completion of the fetal death certificate and shall sign the
	114	+	12 medical certification within 24 hours after the delivery or
	115	+	13 the finding of the fetus, except as provided by regulation in
	116	+	14 special problem cases.
	117	+	15 (Source: P.A. 102-257, eff. 1-1-22.)
	118	+	16 (410 ILCS 535/20.5)
	119	+	17 Sec. 20.5. Certificate of birth resulting in stillbirth.
	120	+	18 (a) The State Registrar shall prescribe and distribute a
	121	+	19 form for a certificate of birth resulting in stillbirth. The
	122	+	20 certificate shall be in the same format as a certificate of
	123	+	21 live birth prepared under Section 12 and shall be filed in the
	124	+	22 same manner as a certificate of live birth.
	125	+	23 (b) After each fetal death that occurs in this State after
	126	+	24 a gestation period of at least 20 completed weeks, the State
	127	+	25 Registrar of Vital Records shall, only upon request by a
	128	+
	129	+
	130	+
	131	+
	132	+
	133	+	SB3182 Enrolled - 4 - LRB103 32565 SPS 62158 b
	134	+
	135	+
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	137	+	SB3182 Enrolled - 5 - LRB103 32565 SPS 62158 b
	138	+	1 parent named on the fetal death certificate, prepare and issue
	139	+	2 a certificate of birth resulting in stillbirth. After each
	140	+	3 fetal death that occurs in this State after a gestation period
	141	+	4 of at least 26 completed weeks, the person who files a fetal
	142	+	5 death certificate in connection with that death as required
	143	+	6 under Section 20 shall, only upon request by the woman who
	144	+	7 delivered the stillborn fetus, also prepare a certificate of
	145	+	8 stillbirth. The person shall prepare the certificate on the
	146	+	9 form prescribed and furnished by the State Registrar and in
	147	+	10 accordance with the rules adopted by the State Registrar.
	148	+	11 (b-5) A person who files a fetal death certificate as
	149	+	12 described under subsection (b) shall notify the gestational
	150	+	13 parent of the stillborn of that parent's right to request and
	151	+	14 receive a certificate of birth resulting in stillbirth under
	152	+	15 subsection (b). The Department shall develop language for
	153	+	16 notification under this subsection. This language shall be
	154	+	17 titled and known as a "Liam's Law notice".
	155	+	18 (c) If the stillborn's parent or parents do not wish to
	156	+	19 provide a name for the stillborn, the person who prepares the
	157	+	20 certificate of birth resulting in stillbirth shall leave blank
	158	+	21 any references to the stillborn's name.
	159	+	22 (d) When a stillbirth occurs in this State and the
	160	+	23 stillbirth has not been registered within one year after the
	161	+	24 delivery, a certificate marked "delayed" may be filed and
	162	+	25 registered in accordance with regulations adopted by the State
	163	+	26 Registrar. The certificate must show on its face the date of
	164	+
	165	+
	166	+
	167	+
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	174	+	1 registration.
	175	+	2 (e) In the case of a fetal death that occurred in this
	176	+	3 State after a gestation period of at least 20 26 completed
	177	+	4 weeks and before the effective date of this amendatory Act of
	178	+	5 the 103rd General Assembly this amendatory Act of the 93rd
	179	+	6 General Assembly, a parent of the stillborn child may request
	180	+	7 that the person who filed a fetal death certificate in
	181	+	8 connection with that death as required under Section 20 shall
	182	+	9 also prepare a certificate of birth resulting in stillbirth
	183	+	10 with respect to the fetus. If a parent of a stillborn makes
	184	+	11 such a request under this subsection (e), the person who filed
	185	+	12 a fetal death certificate shall prepare the certificate of
	186	+	13 birth resulting in stillbirth and file it with the designated
	187	+	14 registrar within 30 days after the request by the parent.
	188	+	15 (Source: P.A. 93-578, eff. 8-21-03.)
	189	+
	190	+
	191	+
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