HB 4839 — NO FETAL DEATH CERTIFICATE

*LRB10420247BDA33698b* HB4839 104THEngrossed GENERALLRB104 ASSEMBLY20247 StateBDA of33698 Illinoisb andAN 2026ACT HB4839concerning byhealth. Rep.

Kelly M.

Cassidy SYNOPSIS AS INTRODUCED:

ILCS 85/11.4 ILCS 535/20 from Ch.

111 1/2, par.

73-20 ILCS 535/21 from Ch.

111 1/2, par.

73-21 Amends the Vital Records Act.

In provisions regarding fetal death, deletes provisions referencing election in writing to arrange for burial or cremation under the Hospital Licensing Act.

Requires a funeral director to file an Authorization for Disposition of Fetal Remains or a certificate of death (rather than only a certificate of death) before obtaining a permit for disposition of remains.

Provides that, in the case of a fetal death that occurs after a gestation period of less than 20 weeks or in the case of an abortion, no fetal death certificate shall be required for the disposition of remains.

Directs the Department of Public Health to create a form to be used by the funeral director to obtain a permit for burial, entombment, or cremation.

Requires the local registrar to seal any form filed under these provisions, and prohibits a funeral director from retaining a copy.

Amends the Hospital Licensing Act.

In provisions regarding the disposition of a fetus, provides that no fetal death certificate shall be required in accordance with the Vital Records Act.

Provides that the funeral director or person acting as such who first assumes custody of fetal remains shall use the Department of Public Health form to obtain a permit for disposition of remains.

Makes other conforming changes.

LRB104 20247 BDA 33698 b A BILL FOR HB4839 LRB104 20247 BDA 33698 b AN ACT concerning health.

The Department of Public Health shall develop a form forms to be used for notification notifications and election elections under this Section and hospitals shall provide the HB4839 Engrossed - 2 - LRB104 20247 BDA 33698 b form forms to the patient.

(b) When a fetal death occurs on a moving conveyance, the city, village, township, or road district in which the HB4839 Engrossed - 3 - LRB104 20247 BDA 33698 b fetus is first removed from the conveyance shall be considered the place of delivery and a fetal death certificate shall be filed in the registration district in which the place is located.

(3) When a fetal death occurs without medical attendance upon the mother at or after the delivery, or when investigation is required under Division 3-3 of Article 3 of the Counties Code, the coroner shall be responsible for the completion of the fetal death certificate and shall sign the HB4839 Engrossed - 4 - LRB104 20247 BDA 33698 b medical certification within 24 hours after the delivery or the finding of the fetus, except as provided by regulation in special problem cases.

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

No such permit shall be issued until a properly completed certificate HB4839 Engrossed - 6 - LRB104 20247 BDA 33698 b of death or Authorization for Disposition of Fetal Remains has been filed with the registrar.

Prior to the issuance of a permit for disinterment, the local registrar shall, by certified mail, notify the surviving HB4839 Engrossed - 7 - LRB104 20247 BDA 33698 b spouse, unless he or she is the applicant, or if there is no surviving spouse, all surviving children except for the applicant, of the application for the permit.

The Illinois Department of Transportation, and any person acting on its behalf under a public-private agreement entered into in accordance with the Public-Private Agreements for the South Suburban Airport Act, is exempt from this subsection (5), HB4839 Engrossed - 8 - LRB104 20247 BDA 33698 b provided that the Illinois Department of Transportation, or any such person, takes reasonable steps to comply with the provisions of this subsection (5) so long as compliance does not interfere with the design, development, operation, or maintenance of the South Suburban Airport or the exercise of their powers under the Public-Private Agreements for the South Suburban Airport Act.