NO FETAL DEATH CERTIFICATE

Illinois General Assembly - Full Text of HB4839

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Full Text of HB4839

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HB4839 - 104th General Assembly

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HB4839 Engrossed
LRB104 20247 BDA 33698 b
1

AN ACT concerning health.

2

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

4

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

6

(210 ILCS 85/11.4)
7

Sec. 11.4.
Disposition of fetus.
A hospital having custody
8
of a fetus following a spontaneous fetal demise occurring
9
during or after a gestation period of less than 20 completed
10
weeks must notify the patient of the right to arrange for the
11
burial or cremation of the fetus. Notification may also
12
include other options such as, but not limited to, a ceremony
,
13
a certificate,
or common burial or cremation of fetal tissue.
14
If, within 24 hours after being notified under this Section,
15
the patient elects in writing to arrange for the burial or
16
cremation of the fetus,
no fetal death certificate shall be
17
required in accordance with the Vital Records Act.

the
18
disposition of the fetus shall be subject to the same laws and
19
rules that apply in the case of a fetal death that occurs in
20
this State after a gestation period of 20 completed weeks or
21
more.
The Department of Public Health shall develop
a form

22
forms
to be used for
notification

notifications
and
election

23
elections
under this Section and hospitals shall provide the

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1
form

forms
to the patient.
The funeral director or person
2
acting as such who first assumes custody of fetal remains
3
shall use this form to obtain a permit for disposition of
4
remains.
5
(Source: P.A. 103-948, eff. 7-1-25
.)

6

Section 10.
The Vital Records Act is amended by changing
7
Sections 20 and 21 as follows:

8

(410 ILCS 535/20)

(from Ch. 111 1/2, par. 73-20)
9

Sec. 20.
Fetal death; place of registration.
10

(1) Each fetal death which occurs in this State after a
11
gestation period of 20 completed weeks
(or when the patient
12
elects in writing to arrange for the burial or cremation of the
13
fetus under Section 11.4 of the Hospital Licensing Act)
or
14
more shall be registered with the local or subregistrar of the
15
district in which the delivery occurred within 7 days after
16
the delivery and before removal of the fetus from the State,
17
except as provided by regulation in special problem cases.
18

(a) For the purposes of this Section, if the place of
19

fetal death is unknown, a fetal death certificate shall be
20

filed in the registration district in which a dead fetus
21

is found, which shall be considered the place of fetal
22

death.
23

(b) When a fetal death occurs on a moving conveyance,
24

the city, village, township, or road district in which the

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1

fetus is first removed from the conveyance shall be
2

considered the place of delivery and a fetal death
3

certificate shall be filed in the registration district in
4

which the place is located.
5

(c) The funeral director or person acting as such who
6

first assumes custody of a fetus shall file the
7

certificate. The personal data shall be obtained from the
8

best qualified person or source available. The name,
9

relationship, and address of the informant shall be
10

entered on the certificate. The date, place, and method of
11

final disposition of the fetus shall be recorded over the
12

personal signature and address of the funeral director
13

responsible for the disposition. The certificate shall be
14

presented to the person responsible for completing the
15

medical certification of the cause of death.
16

(2) The medical certification shall be completed and
17
signed within 24 hours after delivery by the certifying health
18
care professional in attendance at or after delivery, except
19
when investigation is required under Division 3-3 of Article 3
20
of the Counties Code and except as provided by regulation in
21
special problem cases.
22

(3) When a fetal death occurs without medical attendance
23
upon the mother at or after the delivery, or when
24
investigation is required under Division 3-3 of Article 3 of
25
the Counties Code, the coroner shall be responsible for the
26
completion of the fetal death certificate and shall sign the

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1
medical certification within 24 hours after the delivery or
2
the finding of the fetus, except as provided by regulation in
3
special problem cases.
4
(Source: P.A. 102-257, eff. 1-1-22; 103-948, eff. 7-1-25
.)

5

(410 ILCS 535/21)

(from Ch. 111 1/2, par. 73-21)
6

Sec. 21.
(1) The funeral director or person acting as such
7
who first assumes custody of a dead body or fetus shall make a
8
written report to the registrar of the district in which death
9
occurred or in which the body or fetus was found within 24
10
hours after taking custody of the body or fetus on a form
11
prescribed and furnished by the State Registrar and in
12
accordance with the rules promulgated by the State Registrar.
13
Except as specified in paragraph (2) of this Section, the
14
written report shall serve as a permit to transport, bury, or
15
entomb the body or fetus within this State, provided that the
16
funeral director or person acting as such shall certify that
17
the certifying health care professional who, within 12 months
18
prior to the date of the patient's death, was treating or
19
managing treatment of the patient's illness or condition which
20
resulted in death has been contacted and has affirmatively
21
stated that he or she will sign the medical certificate of
22
death or the fetal death certificate. If a funeral director
23
fails to file written reports under this Section in a timely
24
manner, the local registrar may suspend the funeral director's
25
privilege of filing written reports by mail. In a county with a

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1
population greater than 3,000,000, if a funeral director or
2
person acting as such inters or entombs a dead body without
3
having previously certified that the certifying health care
4
professional who, within 12 months prior to the date of the
5
patient's death, was treating or managing treatment of the
6
patient's illness or condition that resulted in death has been
7
contacted and has affirmatively stated that he or she will
8
sign the medical certificate of death, then that funeral
9
director or person acting as such is responsible for payment
10
of the specific costs incurred by the county medical examiner
11
in disinterring and reinterring or reentombing the dead body.
12

(2) The written report as specified in paragraph (1) of
13
this Section shall not serve as a permit to:
14

(a) Remove body or fetus from this State;
15

(b) Cremate the body or fetus; or
16

(c) Make disposal of any body or fetus in any manner
17

when death is subject to the coroner's or medical
18

examiner's investigation.
19

(3) In accordance with the provisions of paragraph (2) of
20
this Section the funeral director or person acting as such who
21
first assumes custody of a dead body or fetus shall obtain a
22
permit for disposition of such dead human body prior to final
23
disposition or removal from the State of the body or fetus.
24
Such permit shall be issued by the registrar of the district
25
where death occurred or the body or fetus was found. No such
26
permit shall be issued until a properly completed certificate

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1
of death
or Authorization for Disposition of Fetal Remains
has
2
been filed with the registrar. The registrar shall insure the
3
issuance of a permit for disposition within an expedited
4
period of time to accommodate Sunday or holiday burials of
5
decedents whose time of death and religious tenets or beliefs
6
necessitate Sunday or holiday burials.
7

(4) A permit which accompanies a dead body or fetus
8
brought into this State shall be authority for final
9
disposition of the body or fetus in this State, except in
10
municipalities where local ordinance requires the issuance of
11
a local permit prior to disposition.
12

(5) A permit for disposition of a dead human body shall be
13
required prior to disinterment of a dead body or fetus, and
14
when the disinterred body is to be shipped by a common carrier.
15
Such permit shall be issued to a licensed funeral director or
16
person acting as such, upon proper application, by the local
17
registrar of the district in which disinterment is to be made.
18
In the case of disinterment, proper application shall include
19
a statement providing the name and address of any surviving
20
spouse of the deceased, or, if none, any surviving children of
21
the deceased, or if no surviving spouse or children, a parent,
22
brother, or sister of the deceased. The application shall
23
indicate whether the applicant is one of these parties and, if
24
so, whether the applicant is a surviving spouse or a surviving
25
child. Prior to the issuance of a permit for disinterment, the
26
local registrar shall, by certified mail, notify the surviving

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1
spouse, unless he or she is the applicant, or if there is no
2
surviving spouse, all surviving children except for the
3
applicant, of the application for the permit. The person or
4
persons notified shall have 30 days from the mailing of the
5
notice to object by obtaining an injunction enjoining the
6
issuance of the permit. After the 30-day period has expired,
7
the local registrar shall issue the permit unless he or she has
8
been enjoined from doing so or there are other statutory
9
grounds for refusal. The notice to the spouse or surviving
10
children shall inform the person or persons being notified of
11
the right to seek an injunction within 30 days.
12
Notwithstanding any other provision of this subsection (5), a
13
court may order issuance of a permit for disinterment without
14
notice or prior to the expiration of the 30-day period where
15
the petition is made by an agency of any governmental unit and
16
good cause is shown for disinterment without notice or for the
17
early order. Nothing in this subsection (5) limits the
18
authority of the City of Chicago to acquire property or
19
otherwise exercise its powers under the O'Hare Modernization
20
Act or requires that City, or any person acting on behalf of
21
that City, to obtain a permit under this subsection (5) when
22
exercising powers under the O'Hare Modernization Act. The
23
Illinois Department of Transportation, and any person acting
24
on its behalf under a public-private agreement entered into in
25
accordance with the Public-Private Agreements for the South
26
Suburban Airport Act, is exempt from this subsection (5),

HB4839 Engrossed
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LRB104 20247 BDA 33698 b
1
provided that the Illinois Department of Transportation, or
2
any such person, takes reasonable steps to comply with the
3
provisions of this subsection (5) so long as compliance does
4
not interfere with the design, development, operation, or
5
maintenance of the South Suburban Airport or the exercise of
6
their powers under the Public-Private Agreements for the South
7
Suburban Airport Act.
8

(6) In the case of a fetal death that occurs after a
9
gestation period of less than 20 weeks or in the case of an
10
abortion, as defined in Section 1-10 of the Reproductive
11
Health Act, no fetal death certificate shall be required for
12
the disposition of remains. The Department shall create a form
13
to be used by the funeral director or person acting as such to
14
obtain a permit for burial, entombment, or cremation. The form
15
shall be included as an appendix to the existing rules under
16
this Act. Any form filed under this Section shall be sealed by
17
the local registrar, and a copy shall not be retained by the
18
funeral director.
19
(Source: P.A. 102-257, eff. 1-1-22
.)

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