Bill Text: IL SB3182 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Hospital Licensing Act. Provides that a hospital having custody of a fetus following a spontaneous fetal death occurring during or after a gestation period of at least 20 completed weeks must notify the gestational parent of the parent's right to receive a certificate of birth resulting in stillbirth. Amends the Vital Records Act. Provides that after each fetal death that occurs in the State after a gestation period of at least 20 (rather than 26) completed weeks, or in cases where gestational age is uncertain, where the fetus weighs at least 350 grams, the person who files a fetal death certificate shall also prepare a certificate of birth resulting in stillbirth. Requires the person who files a fetal death certificate to notify the gestational parent of the stillborn of that parent's right to request and receive a certificate of birth resulting in stillbirth. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0948 [SB3182 Detail]

Download: Illinois-2023-SB3182-Engrossed.html

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by
5changing Section 11.4 and by adding Section 11.9 as follows:
6 (210 ILCS 85/11.4)
7 Sec. 11.4. Disposition of fetus. A hospital having custody
8of a fetus following a spontaneous fetal demise occurring
9during or after a gestation period of less than 20 completed
10weeks must notify the patient of the mother of her right to
11arrange for the burial or cremation of the fetus. Notification
12may also include other options such as, but not limited to, a
13ceremony, a certificate, or common burial or cremation of
14fetal tissue. If, within 24 hours after being notified under
15this Section, the patient mother elects in writing to arrange
16for the burial or cremation of the fetus, the disposition of
17the fetus shall be subject to the same laws and rules that
18apply in the case of a fetal death that occurs in this State
19after a gestation period of 20 completed weeks or more. The
20Department of Public Health shall develop forms to be used for
21notifications and elections under this Section and hospitals
22shall provide the forms to the patient mother.
23(Source: P.A. 96-338, eff. 1-1-10.)

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1 (210 ILCS 85/11.9 new)
2 Sec. 11.9. Certificate of birth resulting in stillbirth;
3notification. This Section may be referred to as Liam's Law.
4 A hospital having custody of a fetus following a
5spontaneous fetal death occurring during or after a gestation
6period of at least 20 completed weeks must notify the
7gestational parent of the parent's right to receive a
8certificate of birth resulting in stillbirth as described in
9Section 20.5 of the Vital Records Act. The Department of
10Public Health shall develop language on a form to be used for
11notification under this Section and hospitals shall provide
12the form to the gestational parent. This section of language
13shall be known as a "Liam's Law notice". The "Liam's Law
14notice" shall be available in both English and Spanish.
15 Section 10. The Vital Records Act is amended by changing
16Sections 20 and 20.5 as follows:
17 (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
18 Sec. 20. Fetal death; place of registration.
19 (1) Each fetal death which occurs in this State after a
20gestation period of 20 completed weeks (or and when the
21patient mother elects in writing to arrange for the burial or
22cremation of the fetus under Section 11.4 of the Hospital
23Licensing Act) or more shall be registered with the local or

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1subregistrar of the district in which the delivery occurred
2within 7 days after the delivery and before removal of the
3fetus from the State, except as provided by regulation in
4special problem cases.
5 (a) For the purposes of this Section, if the place of
6 fetal death is unknown, a fetal death certificate shall be
7 filed in the registration district in which a dead fetus
8 is found, which shall be considered the place of fetal
9 death.
10 (b) When a fetal death occurs on a moving conveyance,
11 the city, village, township, or road district in which the
12 fetus is first removed from the conveyance shall be
13 considered the place of delivery and a fetal death
14 certificate shall be filed in the registration district in
15 which the place is located.
16 (c) The funeral director or person acting as such who
17 first assumes custody of a fetus shall file the
18 certificate. The personal data shall be obtained from the
19 best qualified person or source available. The name,
20 relationship, and address of the informant shall be
21 entered on the certificate. The date, place, and method of
22 final disposition of the fetus shall be recorded over the
23 personal signature and address of the funeral director
24 responsible for the disposition. The certificate shall be
25 presented to the person responsible for completing the
26 medical certification of the cause of death.

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1 (2) The medical certification shall be completed and
2signed within 24 hours after delivery by the certifying health
3care professional in attendance at or after delivery, except
4when investigation is required under Division 3-3 of Article 3
5of the Counties Code and except as provided by regulation in
6special problem cases.
7 (3) When a fetal death occurs without medical attendance
8upon the mother at or after the delivery, or when
9investigation is required under Division 3-3 of Article 3 of
10the Counties Code, the coroner shall be responsible for the
11completion of the fetal death certificate and shall sign the
12medical certification within 24 hours after the delivery or
13the finding of the fetus, except as provided by regulation in
14special problem cases.
15(Source: P.A. 102-257, eff. 1-1-22.)
16 (410 ILCS 535/20.5)
17 Sec. 20.5. Certificate of birth resulting in stillbirth.
18 (a) The State Registrar shall prescribe and distribute a
19form for a certificate of birth resulting in stillbirth. The
20certificate shall be in the same format as a certificate of
21live birth prepared under Section 12 and shall be filed in the
22same manner as a certificate of live birth.
23 (b) After each fetal death that occurs in this State after
24a gestation period of at least 20 completed weeks, the State
25Registrar of Vital Records shall, only upon request by a

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1parent named on the fetal death certificate, prepare and issue
2a certificate of birth resulting in stillbirth. After each
3fetal death that occurs in this State after a gestation period
4of at least 26 completed weeks, the person who files a fetal
5death certificate in connection with that death as required
6under Section 20 shall, only upon request by the woman who
7delivered the stillborn fetus, also prepare a certificate of
8stillbirth. The person shall prepare the certificate on the
9form prescribed and furnished by the State Registrar and in
10accordance with the rules adopted by the State Registrar.
11 (b-5) A person who files a fetal death certificate as
12described under subsection (b) shall notify the gestational
13parent of the stillborn of that parent's right to request and
14receive a certificate of birth resulting in stillbirth under
15subsection (b). The Department shall develop language for
16notification under this subsection. This language shall be
17titled and known as a "Liam's Law notice".
18 (c) If the stillborn's parent or parents do not wish to
19provide a name for the stillborn, the person who prepares the
20certificate of birth resulting in stillbirth shall leave blank
21any references to the stillborn's name.
22 (d) When a stillbirth occurs in this State and the
23stillbirth has not been registered within one year after the
24delivery, a certificate marked "delayed" may be filed and
25registered in accordance with regulations adopted by the State
26Registrar. The certificate must show on its face the date of

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1registration.
2 (e) In the case of a fetal death that occurred in this
3State after a gestation period of at least 20 26 completed
4weeks and before the effective date of this amendatory Act of
5the 103rd General Assembly this amendatory Act of the 93rd
6General Assembly, a parent of the stillborn child may request
7that the person who filed a fetal death certificate in
8connection with that death as required under Section 20 shall
9also prepare a certificate of birth resulting in stillbirth
10with respect to the fetus. If a parent of a stillborn makes
11such a request under this subsection (e), the person who filed
12a fetal death certificate shall prepare the certificate of
13birth resulting in stillbirth and file it with the designated
14registrar within 30 days after the request by the parent.
15(Source: P.A. 93-578, eff. 8-21-03.)
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