Bill Text: IL HB3488 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Disposition of Remains of the Indigent Act. Provides that if private funds are not available for the funeral or burial of a decedent, then State or local officials shall refer a family member, executor, or agent empowered to direct the disposition of a decedent's remains to the option of donating the remains to an institution of medical, mortuary, or other sciences on the registry created under the Act. Provides that such family member, executor, or agent shall be responsible for authorizing such use. Provides that unclaimed cadavers held by any State facility, hospital, institution, morgue, or other place for bodies of deceased persons may be turned over to an institution on the registry. Contains provisions requiring the directors of State facilities with possession of unclaimed human remains to make reasonable efforts to contact family and other responsible parties. Contains provisions concerning circumstances in which family or other responsible parties request the remains and situations when they fail to do so. Contains other provisions concerning what the State facility with humans remains shall do. Provides that the Department of Human Services may pay a funeral home or an institution of medical, mortuary, or other science an allowance for funeral and burial costs. Contains provisions concerning the disposition of the remains after use of the remains by a registered institution. Requires the Department of Public Health to maintain a registry of institutions qualifying as institutions of medical, mortuary, or other sciences eligible to receive donations under the Act. Contains provisions concerning requirements for the registry and granting the Department of Public Health rulemaking and other powers.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0526 [HB3488 Detail]
Download: Illinois-2017-HB3488-Engrossed.html
Bill Title: Creates the Disposition of Remains of the Indigent Act. Provides that if private funds are not available for the funeral or burial of a decedent, then State or local officials shall refer a family member, executor, or agent empowered to direct the disposition of a decedent's remains to the option of donating the remains to an institution of medical, mortuary, or other sciences on the registry created under the Act. Provides that such family member, executor, or agent shall be responsible for authorizing such use. Provides that unclaimed cadavers held by any State facility, hospital, institution, morgue, or other place for bodies of deceased persons may be turned over to an institution on the registry. Contains provisions requiring the directors of State facilities with possession of unclaimed human remains to make reasonable efforts to contact family and other responsible parties. Contains provisions concerning circumstances in which family or other responsible parties request the remains and situations when they fail to do so. Contains other provisions concerning what the State facility with humans remains shall do. Provides that the Department of Human Services may pay a funeral home or an institution of medical, mortuary, or other science an allowance for funeral and burial costs. Contains provisions concerning the disposition of the remains after use of the remains by a registered institution. Requires the Department of Public Health to maintain a registry of institutions qualifying as institutions of medical, mortuary, or other sciences eligible to receive donations under the Act. Contains provisions concerning requirements for the registry and granting the Department of Public Health rulemaking and other powers.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0526 [HB3488 Detail]
Download: Illinois-2017-HB3488-Engrossed.html
| |||||||
| |||||||
| |||||||
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 1. Short title. This Act may be cited as the | ||||||
5 | Disposition of Remains of the Indigent Act.
| ||||||
6 | Section 5. Purpose. The General Assembly recognizes: | ||||||
7 | (1) that each individual in the State regardless of his | ||||||
8 | or her economic situation is entitled to a dignified | ||||||
9 | disposition of his or her remains; | ||||||
10 | (2) that it is a matter of public concern and interest | ||||||
11 | that the preparation, care, and final disposition of a | ||||||
12 | deceased human body be attended to with appropriate | ||||||
13 | observance and understanding; | ||||||
14 | (3) that it is a matter of public concern and interest | ||||||
15 | that there is a due regard and respect for the reverent | ||||||
16 | care of the human body, for those bereaved, and the overall | ||||||
17 | spiritual dignity of every person; | ||||||
18 | (4) that the provision of cadavers and other human | ||||||
19 | materials is a much-needed service for the advancement of | ||||||
20 | medical, mortuary, and other sciences; | ||||||
21 | (5) that there is a critical shortage of cadavers | ||||||
22 | necessary for the advancement of medical, mortuary, and | ||||||
23 | other sciences; |
| |||||||
| |||||||
1 | (6) that the State has, in the past, paid for the | ||||||
2 | burial and funeral of indigent individuals; | ||||||
3 | (7) that payment for such services is not now | ||||||
4 | consistent with the needs or demands of the current State | ||||||
5 | budget; | ||||||
6 | (8) that the State has had a long-standing policy that | ||||||
7 | government officials who have custody of a body of any | ||||||
8 | deceased person shall transfer such custody to any State | ||||||
9 | medical college, school, or other institution of higher | ||||||
10 | science education or school of mortuary science for | ||||||
11 | advancement of medical, anatomical, biological, or | ||||||
12 | mortuary science; and | ||||||
13 | (9) that current law provides that any county coroner | ||||||
14 | may donate bodies not claimed by family members or friends.
| ||||||
15 | Section 7. Definitions. As used in this Act: | ||||||
16 | "Department" means the Department of Public Health. | ||||||
17 | "Qualified medical science institution" means an | ||||||
18 | institution of medical, mortuary, or other sciences meeting the | ||||||
19 | requirements of Section 25 of this Act. | ||||||
20 | "State facility" means any facility, hospital, | ||||||
21 | institution, morgue, or other place for bodies of deceased | ||||||
22 | persons owned or operated by the State of Illinois, other than | ||||||
23 | a qualified medical science institution.
| ||||||
24 | Section 10. Indigent funeral and burial. |
| |||||||
| |||||||
1 | (a) If private funds are not available to pay funeral and | ||||||
2 | burial costs and a request is made for those costs to an | ||||||
3 | official of State or local government by an appropriate family | ||||||
4 | member, executor, or agent empowered to direct the disposition | ||||||
5 | of the decedent's remains, the official shall inform the | ||||||
6 | appropriate family member, executor, or agent empowered to | ||||||
7 | direct the disposition of the decedent's remains of the option | ||||||
8 | to donate the remains for use in the advancement of medical | ||||||
9 | science subject to any written directive of a will or other | ||||||
10 | written instrument identified in Section 65 of the Crematory | ||||||
11 | Regulation Act or in subsection (a) of Section 40 of the | ||||||
12 | Disposition of Remains Act. | ||||||
13 | (b) The appropriate family member, executor, or agent | ||||||
14 | empowered to direct the disposition of the decedent's remains | ||||||
15 | is responsible for authorizing the use of such remains in | ||||||
16 | accordance with the process of the specific qualified medical | ||||||
17 | science institution. | ||||||
18 | (c) If funds are not otherwise available for burial or the | ||||||
19 | cadaver has not been claimed by a family member or other | ||||||
20 | responsible person, the coroner with custody may donate the | ||||||
21 | cadaver for medical science purposes pursuant to Section 3-3034 | ||||||
22 | of the Counties Code.
| ||||||
23 | Section 15. Donation of unclaimed cadavers in the custody | ||||||
24 | of the State. | ||||||
25 | (a) The director of any State facility in custody of a |
| |||||||
| |||||||
1 | cadaver shall make reasonable efforts to contact a family | ||||||
2 | member or other person responsible for the disposition of the | ||||||
3 | remains for the purpose of claiming the remains. | ||||||
4 | (b) If a family member or other person responsible for the | ||||||
5 | disposition of the remains requests the remains, the person | ||||||
6 | must remove or make arrangements to remove the remains within | ||||||
7 | 72 hours of notice from the facility. | ||||||
8 | (c) If, after making reasonable efforts to contact a family | ||||||
9 | member or other person responsible for the disposition of the | ||||||
10 | remains, the cadaver is unclaimed or if a person claiming the | ||||||
11 | remains has failed to remove or make arrangements to remove the | ||||||
12 | cadaver within 72 hours of notice from the facility, the State | ||||||
13 | facility director shall contribute the cadaver to a qualified | ||||||
14 | medical science institution for use in the advancement of | ||||||
15 | medical science as designated by the Department under Section | ||||||
16 | 30 of this Act unless it is necessary to preserve the body for | ||||||
17 | law enforcement purposes or the decedent has left written | ||||||
18 | instructions that he or she does not wish to be cremated or | ||||||
19 | donated for medical science. | ||||||
20 | (d) The State facility director shall as soon as is | ||||||
21 | practicable after the end of the 72-hour notice period:
| ||||||
22 | (1) verify, if known, or make good faith efforts to | ||||||
23 | discover, if not known, identifying information regarding | ||||||
24 | the decedent, including ethnicity, religious affiliation, | ||||||
25 | and former associations; | ||||||
26 | (2) after such verification or discovery, provide to |
| |||||||
| |||||||
1 | the Department all information in its possession relating | ||||||
2 | to the decedent; | ||||||
3 | (3) preserve all information submitted to the | ||||||
4 | Department along with information on how the State facility | ||||||
5 | obtained or attempted to obtain information regarding the | ||||||
6 | decedent, including persons contacted, time of contact, | ||||||
7 | name of contact, and documents reviewed. | ||||||
8 | (e) If a cadaver is contributed to a qualified medical | ||||||
9 | science institution under this Section, the State facility | ||||||
10 | director shall provide to the institution the name, address, | ||||||
11 | e-mail address, and telephone number of the family member or | ||||||
12 | other responsible party, if known. | ||||||
13 | (f) A qualified medical science institution receiving a | ||||||
14 | cadaver pursuant to this Section is responsible for all costs | ||||||
15 | related to the contribution, including transportation of the | ||||||
16 | remains.
| ||||||
17 | Section 20. Institution of medical, mortuary, or other | ||||||
18 | sciences. | ||||||
19 | (a) A qualified medical science institution receiving a | ||||||
20 | cadaver pursuant to Section 15 of this Act shall: | ||||||
21 | (1) hold the cadaver at its facility for 30 days after | ||||||
22 | receipt from the State facility; and | ||||||
23 | (2) ensure during the 30-day period that the cadaver is | ||||||
24 | not used for any purpose other than for embalming. | ||||||
25 | (b) After use of the remains, the qualified medical science |
| |||||||
| |||||||
1 | institution shall cremate them pursuant to Section 19 of the | ||||||
2 | Crematory Regulation Act and deliver them to the appropriate | ||||||
3 | family member, executor, or agent empowered to direct the | ||||||
4 | disposition of the decedent's cremated human remains. If no | ||||||
5 | such person is available or if such person is unwilling to | ||||||
6 | accept the remains, the qualified medical science institution | ||||||
7 | shall inter the cremated human remains at a cemetery licensed | ||||||
8 | under the Cemetery Oversight Act. Upon such interment, the | ||||||
9 | institution shall notify the family member, executor, or agent | ||||||
10 | empowered to direct the disposition of the decedent's remains, | ||||||
11 | if known, by mail of the location of the remains. The | ||||||
12 | institution shall maintain at all times a registry of such | ||||||
13 | interred cremated human remains. | ||||||
14 | (c) A qualified medical science institution is considered | ||||||
15 | an authorizing agent under the Crematory Regulation Act only | ||||||
16 | for the purpose of ordering the cremation and delivering or | ||||||
17 | interring the remains following cremation as provided in this | ||||||
18 | Section.
| ||||||
19 | (d) If at any time an appropriate family member, executor, | ||||||
20 | or agent empowered to direct the disposition of the decedent's | ||||||
21 | remains makes a written request concerning disposition or | ||||||
22 | return of the remains, the qualified medical science | ||||||
23 | institution shall, at its own expense, return the remains | ||||||
24 | within a reasonable time.
| ||||||
25 | Section 25. Registry of contributed cadavers and |
| |||||||
| |||||||
1 | institutions of medical, mortuary, or other sciences. | ||||||
2 | (a) An institution of medical, mortuary, or other sciences | ||||||
3 | is eligible to receive a contributed cadaver under Section 15 | ||||||
4 | of this Act if it meets the qualifications determined to be | ||||||
5 | appropriate by the Department by rule and registers with the | ||||||
6 | Department. Qualified medical science institutions, at a | ||||||
7 | minimum, must be either: | ||||||
8 | (1) a medical college or school, or other institution | ||||||
9 | of higher science education or school of mortuary science, | ||||||
10 | public or private; | ||||||
11 | (2) a hospital; or | ||||||
12 | (3) a not-for-profit corporation under Section | ||||||
13 | 501(c)(3) of the Internal Revenue Code registered under the | ||||||
14 | Charitable Trust Act. | ||||||
15 | (b) The Department shall maintain a registry of: | ||||||
16 | (1) cadavers that have been contributed to qualified | ||||||
17 | medical science institutions of Section 15; and | ||||||
18 | (2) institutions qualifying as institutions of | ||||||
19 | medical, mortuary, or other sciences eligible to receive | ||||||
20 | donations under this Act. | ||||||
21 | The Department shall update the registry with any new | ||||||
22 | information within 24 hours of receiving the information.
| ||||||
23 | (c) Each qualified medical science institution shall | ||||||
24 | submit its request for cadavers in State custody. The | ||||||
25 | Department shall designate the next institution to receive a | ||||||
26 | cadaver when requested by a State facility. |
| |||||||
| |||||||
1 | (d) If the number of cadavers is insufficient for the use | ||||||
2 | of the relevant institutions, the Department shall determine | ||||||
3 | which institution shall receive them, taking into account the | ||||||
4 | relative proportion of the numbers of students at each | ||||||
5 | institution.
| ||||||
6 | Section 30. Rules. The Department may adopt rules as | ||||||
7 | necessary to implement this Act.
| ||||||
8 | Section 35. Repealer. This Act is repealed on December 31, | ||||||
9 | 2022.
| ||||||
10 | Section 90. The Crematory Regulation Act is amended by | ||||||
11 | changing Section 5 as follows:
| ||||||
12 | (410 ILCS 18/5)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2021) | ||||||
14 | Sec. 5. Definitions. As used in this Act:
| ||||||
15 | "Address of record" means the designated address recorded | ||||||
16 | by the Comptroller in the applicant's or licensee's application | ||||||
17 | file or license file. It is the duty of the applicant or | ||||||
18 | licensee to inform the Comptroller of any change of address | ||||||
19 | within 14 days, and such changes must be made either through | ||||||
20 | the Comptroller's website or by contacting the Comptroller. The | ||||||
21 | address of record shall be the permanent street address of the | ||||||
22 | crematory. |
| |||||||
| |||||||
1 | "Alternative container" means a receptacle, other than a | ||||||
2 | casket, in
which human remains are transported to the crematory | ||||||
3 | and placed in the
cremation chamber for cremation. An | ||||||
4 | alternative container shall be
(i) composed of readily | ||||||
5 | combustible or consumable materials suitable for cremation, | ||||||
6 | (ii) able
to be closed in order to provide a complete covering | ||||||
7 | for the human remains,
(iii) resistant to leakage or spillage, | ||||||
8 | (iv) rigid enough for handling with
ease, and (v) able to | ||||||
9 | provide protection for the health, safety, and personal
| ||||||
10 | integrity of crematory personnel.
| ||||||
11 | "Authorizing agent" means a person legally entitled to | ||||||
12 | order the cremation and final
disposition of specific human | ||||||
13 | remains. "Authorizing agent" includes an institution of | ||||||
14 | medical, mortuary, or other sciences as provided in Section 20 | ||||||
15 | of the Disposition of Remains of the Indigent Act.
| ||||||
16 | "Body parts" means limbs or other portions of the anatomy | ||||||
17 | that are
removed from a person or human remains for medical | ||||||
18 | purposes during treatment,
surgery, biopsy, autopsy, or | ||||||
19 | medical research; or human bodies or any portion
of bodies that | ||||||
20 | have been donated to science for medical research purposes.
| ||||||
21 | "Burial transit permit" means a permit for disposition of a | ||||||
22 | dead human
body as required by Illinois law.
| ||||||
23 | "Casket" means a rigid container that is designed for the | ||||||
24 | encasement of human
remains, is usually constructed of wood, | ||||||
25 | metal, or like material and ornamented
and lined with fabric, | ||||||
26 | and may or may not be combustible.
|
| |||||||
| |||||||
1 | "Comptroller" means the Comptroller of the State of | ||||||
2 | Illinois.
| ||||||
3 | "Cremated remains" means all human remains recovered after | ||||||
4 | the completion
of the cremation, which may possibly include the | ||||||
5 | residue of any foreign matter
including casket material, | ||||||
6 | bridgework, or eyeglasses, that was cremated with
the human | ||||||
7 | remains.
| ||||||
8 | "Cremation" means the technical process, using heat and | ||||||
9 | flame, or alkaline hydrolysis that
reduces human remains to | ||||||
10 | bone fragments. The reduction takes place through
heat and | ||||||
11 | evaporation or through hydrolysis. Cremation shall include the | ||||||
12 | processing, and may include
the pulverization, of the bone | ||||||
13 | fragments.
| ||||||
14 | "Cremation chamber" means the enclosed space within which | ||||||
15 | the cremation
takes place.
| ||||||
16 | "Cremation interment container" means a rigid outer | ||||||
17 | container that,
subject to a cemetery's rules and regulations, | ||||||
18 | is composed of concrete, steel,
fiberglass, or some similar | ||||||
19 | material in which an urn is placed prior to being
interred in | ||||||
20 | the ground, and which is designed to withstand prolonged | ||||||
21 | exposure
to the elements and to support the earth above the | ||||||
22 | urn.
| ||||||
23 | "Cremation room" means the room in which the cremation | ||||||
24 | chamber is located.
| ||||||
25 | "Crematory" means the building or portion of a building | ||||||
26 | that houses the
cremation room and the holding facility.
|
| |||||||
| |||||||
1 | "Crematory authority" means the legal entity which is | ||||||
2 | licensed by
the Comptroller to
operate a crematory and to | ||||||
3 | perform cremations.
| ||||||
4 | "Final disposition" means the burial, cremation, or other | ||||||
5 | disposition of
a dead human body or parts of a dead human body.
| ||||||
6 | "Funeral director" means a person known by the title of | ||||||
7 | "funeral
director", "funeral director and embalmer", or other | ||||||
8 | similar words or
titles, licensed by the State to practice | ||||||
9 | funeral directing or funeral
directing and embalming.
| ||||||
10 | "Funeral establishment" means a building or separate | ||||||
11 | portion of a building
having a specific street address and | ||||||
12 | location and devoted to activities
relating to the shelter, | ||||||
13 | care, custody, and preparation of a deceased human
body and may | ||||||
14 | contain facilities for funeral or wake services.
| ||||||
15 | "Holding facility" means an area that (i) is designated for | ||||||
16 | the retention of
human remains prior to cremation, (ii) | ||||||
17 | complies with all applicable public
health law, (iii) preserves | ||||||
18 | the health and safety of the crematory authority
personnel, and | ||||||
19 | (iv) is secure from access by anyone other than authorized
| ||||||
20 | persons. A holding facility may be located in a cremation room.
| ||||||
21 | "Human remains" means the body of a deceased person, | ||||||
22 | including
any form of body prosthesis that has been permanently | ||||||
23 | attached or
implanted in the body.
| ||||||
24 | "Licensee" means an entity licensed under this Act. An | ||||||
25 | entity that holds itself as a licensee or that is accused of | ||||||
26 | unlicensed practice is considered a licensee for purposes of |
| |||||||
| |||||||
1 | enforcement, investigation, hearings, and the Illinois | ||||||
2 | Administrative Procedure Act. | ||||||
3 | "Niche" means a compartment or cubicle for the | ||||||
4 | memorialization and permanent
placement of an urn containing | ||||||
5 | cremated remains.
| ||||||
6 | "Person" means any person, partnership, association, | ||||||
7 | corporation, limited liability company, or other entity, and in | ||||||
8 | the case of any such business organization, its officers, | ||||||
9 | partners, members, or shareholders possessing 25% or more of | ||||||
10 | ownership of the entity. | ||||||
11 | "Processing" means the reduction of identifiable bone | ||||||
12 | fragments after the
completion of the cremation process to | ||||||
13 | unidentifiable bone fragments by manual
or mechanical means.
| ||||||
14 | "Pulverization" means the reduction of identifiable bone | ||||||
15 | fragments after the
completion of the cremation process to | ||||||
16 | granulated particles by manual or
mechanical means.
| ||||||
17 | "Scattering area" means an area which may be designated by | ||||||
18 | a cemetery and
located on dedicated cemetery property where | ||||||
19 | cremated remains, which have been
removed
from their container, | ||||||
20 | can be mixed with, or placed on top of, the soil or
ground | ||||||
21 | cover.
| ||||||
22 | "Temporary container" means a receptacle for cremated
| ||||||
23 | remains, usually composed of cardboard, plastic or similar | ||||||
24 | material, that
can be closed in a manner that prevents the | ||||||
25 | leakage or spillage of the
cremated remains or the entrance of | ||||||
26 | foreign material, and is a single
container of sufficient size |
| |||||||
| |||||||
1 | to hold the cremated remains until an urn is
acquired or the | ||||||
2 | cremated remains are scattered.
| ||||||
3 | "Urn" means a receptacle
designed to encase the cremated | ||||||
4 | remains.
| ||||||
5 | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
| ||||||
6 | Section 95. The Disposition of Remains Act is amended by | ||||||
7 | changing Section 5 as follows:
| ||||||
8 | (755 ILCS 65/5)
| ||||||
9 | Sec. 5. Right to control disposition; priority. Unless a | ||||||
10 | decedent has left directions in writing for the disposition or | ||||||
11 | designated an agent to direct the disposition of the decedent's | ||||||
12 | remains as provided in Section 65 of the Crematory Regulation | ||||||
13 | Act or in subsection (a) of Section 40 of this Act, the | ||||||
14 | following persons, in the priority listed, have the right to | ||||||
15 | control the disposition, including cremation, of the | ||||||
16 | decedent's remains and are liable for the reasonable costs of | ||||||
17 | the disposition: | ||||||
18 | (1) the person designated in a written instrument that | ||||||
19 | satisfies the provisions of Sections 10 and 15 of this Act;
| ||||||
20 | (2) any person serving as executor or legal | ||||||
21 | representative of the decedent's estate and acting | ||||||
22 | according to the decedent's written instructions contained | ||||||
23 | in the decedent's will;
| ||||||
24 | (3) the individual who was the spouse of the decedent |
| |||||||
| |||||||
1 | at the time of the decedent's death;
| ||||||
2 | (4) the sole surviving competent adult child of the | ||||||
3 | decedent, or if there is more than one surviving competent | ||||||
4 | adult child of the decedent, the majority of the surviving | ||||||
5 | competent adult children; however, less than one-half of | ||||||
6 | the surviving adult children shall be vested with the | ||||||
7 | rights and duties of this Section if they have used | ||||||
8 | reasonable efforts to notify all other surviving competent | ||||||
9 | adult children of their instructions and are not aware of | ||||||
10 | any opposition to those instructions on the part of more | ||||||
11 | than one-half of all surviving competent adult children;
| ||||||
12 | (5) the surviving competent parents of the decedent; if | ||||||
13 | one of the surviving competent parents is absent, the | ||||||
14 | remaining competent parent shall be vested with the rights | ||||||
15 | and duties of this Act after reasonable efforts have been | ||||||
16 | unsuccessful in locating the absent surviving competent | ||||||
17 | parent;
| ||||||
18 | (6) the surviving competent adult person or persons | ||||||
19 | respectively in the next degrees of kindred or, if there is | ||||||
20 | more than one surviving competent adult person of the same | ||||||
21 | degree of kindred, the majority of those persons; less than | ||||||
22 | the majority of surviving competent adult persons of the | ||||||
23 | same degree of kindred shall be vested with the rights and | ||||||
24 | duties of this Act if those persons have used reasonable | ||||||
25 | efforts to notify all other surviving competent adult | ||||||
26 | persons of the same degree of kindred of their instructions |
| |||||||
| |||||||
1 | and are not aware of any opposition to those instructions | ||||||
2 | on the part of one-half or more of all surviving competent | ||||||
3 | adult persons of the same degree of kindred;
| ||||||
4 | (6.5) any recognized religious, civic, community, or | ||||||
5 | fraternal organization willing to assume legal and | ||||||
6 | financial responsibility; | ||||||
7 | (7) in the case of indigents or any other individuals | ||||||
8 | whose final disposition is the responsibility of the State | ||||||
9 | or any of its instrumentalities, a public administrator, | ||||||
10 | medical examiner, coroner, State appointed guardian, or | ||||||
11 | any other public official charged with arranging the final | ||||||
12 | disposition of the decedent;
| ||||||
13 | (8) in the case of individuals who have donated their | ||||||
14 | bodies to science, or whose death occurred in a nursing | ||||||
15 | home or other private institution , who have executed | ||||||
16 | cremation authorization forms under Section 65 of the | ||||||
17 | Crematory Regulation Act and the institution is charged | ||||||
18 | with making arrangements for the final disposition of the | ||||||
19 | decedent, a representative of the institution; or
| ||||||
20 | (9) any other person or organization that is willing to | ||||||
21 | assume legal and financial responsibility.
| ||||||
22 | As used in Section, "adult" means any individual who has | ||||||
23 | reached his or her eighteenth birthday.
| ||||||
24 | Notwithstanding provisions to the contrary, in the case of | ||||||
25 | decedents who die while serving as members of the United States | ||||||
26 | Armed Forces, the Illinois National Guard, or the United States |
| |||||||
| |||||||
1 | Reserve Forces, as defined in Section 1481 of Title 10 of the | ||||||
2 | United States Code, and who have executed the required U.S. | ||||||
3 | Department of Defense Record of Emergency Data Form (DD Form | ||||||
4 | 93), or successor form, the person designated in such form to | ||||||
5 | direct disposition of the decedent's remains shall have the | ||||||
6 | right to control the disposition, including cremation, of the | ||||||
7 | decedent's remains. | ||||||
8 | (Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
|