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1		AN ACT concerning public 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 after
9		a gestation period of less than 20 completed weeks must notify
10		the mother of her right to arrange for the burial or cremation
11		of the fetus. Notification may also include other options such
12		as, but not limited to, a ceremony, a certificate, or common
13		burial or cremation of fetal tissue. If, within 24 hours after
14		being notified under this Section, the mother elects in writing
15		to arrange for the burial or cremation of the fetus, the
16		disposition of the fetus shall be subject to the same laws and
17		rules that apply in the case of a fetal death that occurs in
18		this State after a gestation period of 20 completed weeks or
19		more. The Department of Public Health shall develop forms to be
20		used for notifications and elections under this Section and
21		hospitals shall provide the forms to the mother.
22		(Source: P.A. 92-348, eff. 1-1-02.)

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1		Section 10. The Crematory Regulation Act is amended by
2		changing Section 35 as follows:
3		(410 ILCS 18/35)
4		Sec. 35. Cremation procedures.
5		(a) Human remains shall not be cremated within 24 hours
6		after the time of death, as indicated on the Medical
7		Examiner's/Coroner's Certificate of Death. In any death, the
8		human remains shall not be cremated by the crematory authority
9		until a cremation permit has been received from the coroner or
10		medical examiner of the county in which the death occurred and
11		the crematory authority has received a cremation authorization
12		form, executed by an authorizing agent, in accordance with the
13		provisions of Section 15 of this Act. In no instance, however,
14		shall the lapse of time between the death and the cremation be
15		less than 24 hours, unless (i) it is known the deceased has an
16		infectious or dangerous disease and that the time requirement
17		is waived in writing by the medical examiner or coroner where
18		the death occurred or (ii) because of a religious requirement.
19		(b) Except as set forth in subsection (a) of this Section,
20		a crematory authority shall have the right to schedule the
21		actual cremation to be performed at its own convenience, at any
22		time after the human remains have been delivered to the
23		crematory authority, unless the crematory authority has
24		received specific instructions to the contrary on the cremation
25		authorization form.

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1		(c) No crematory authority shall cremate human remains when
2		it has actual knowledge that human remains contain a pacemaker
3		or any other material or implant that may be potentially
4		hazardous to the person performing the cremation.
5		(d) No crematory authority shall refuse to accept human
6		remains for cremation because such human remains are not
7		embalmed.
8		(e) Whenever a crematory authority is unable or
9		unauthorized to cremate human remains immediately upon taking
10		custody of the remains, the crematory authority shall place the
11		human remains in a holding facility in accordance with the
12		crematory authority's rules and regulations. The crematory
13		authority must notify the authorizing agent of the reasons for
14		delay in cremation if a properly authorized cremation is not
15		performed within any time period expressly contemplated in the
16		authorization.
17		(f) A crematory authority shall not accept a casket or
18		alternative container from which there is any evidence of the
19		leakage of body fluids.
20		(g) The casket or the alternative container shall be
21		cremated with the human remains or destroyed, unless the
22		crematory authority has notified the authorizing agent to the
23		contrary on the cremation authorization form and obtained the
24		written consent of the authorizing agent.
25		(h) The simultaneous cremation of the human remains of more
26		than one person within the same cremation chamber, without the

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1		prior written consent of the authorizing agent, is prohibited
2		except for common cremation pursuant to Section 11.4 of the
3		Hospital Licensing Act. Nothing in this subsection, however,
4		shall prevent the simultaneous cremation within the same
5		cremation chamber of body parts delivered to the crematory
6		authority from multiple sources, or the use of cremation
7		equipment that contains more than one cremation chamber.
8		(i) No unauthorized person shall be permitted in the
9		holding facility or cremation room while any human remains are
10		being held there awaiting cremation, being cremated, or being
11		removed from the cremation chamber.
12		(j) A crematory authority shall not remove any dental gold,
13		body parts, organs, or any item of value prior to or subsequent
14		to a cremation without previously having received specific
15		written authorization from the authorizing agent and written
16		instructions for the delivery of these items to the authorizing
17		agent. Under no circumstances shall a crematory authority
18		profit from making or assisting in any removal of valuables.
19		(k) Upon the completion of each cremation, and insofar as
20		is practicable, all of the recoverable residue of the cremation
21		process shall be removed from the cremation chamber.
22		(l) If all of the recovered cremated remains will not fit
23		within the receptacle that has been selected, the remainder of
24		the cremated remains shall be returned to the authorizing agent
25		or the agent's designee in a separate container. The crematory
26		authority shall not return to an authorizing agent or the

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1		agent's designee more or less cremated remains than were
2		removed from the cremation chamber.
3		(m) A crematory authority shall not knowingly represent to
4		an authorizing agent or the agent's designee that a temporary
5		container or urn contains the cremated remains of a specific
6		decedent when it does not.
7		(n) Cremated remains shall be shipped only by a method that
8		has an internal tracing system available and that provides a
9		receipt signed by the person accepting delivery.
10		(o) A crematory authority shall maintain an identification
11		system that shall ensure that it shall be able to identify the
12		human remains in its possession throughout all phases of the
13		cremation process.
14		(Source: P.A. 92-675, eff. 7-1-03.)
15		Section 15. The Vital Records Act is amended by adding
16		Section 21.5 as follows:
17		(410 ILCS 535/21.5 new)
18		Sec. 21.5. Group burial; group cremation. Notwithstanding
19		Sections 20 and 21 of this Act, a permit for a group burial or
20		group cremation under Section 11.4 of the Hospital Licensing
21		Act may be issued without a fetal death certificate. The
22		Department shall adopt rules to implement this Section.