SB 3326

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Full Text of SB3326
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	SB3326 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3326
Introduced 2/3/2026, by Sen. Celina Villanueva
SYNOPSIS AS INTRODUCED:
210 ILCS 85/11.4
410 ILCS 535/20	  from Ch. 111 1/2, par. 73-20
410 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 20306 BDA 33757 b
A BILL FOR
		SB3326		LRB104 20306 BDA 33757 b
1    AN ACT concerning health.
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 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 right to arrange for the
11burial or cremation of the fetus. Notification may also
12include other options such as, but not limited to, a ceremony[, ]
13[a certificate,] or common burial or cremation of fetal tissue.
14If, within 24 hours after being notified under this Section,
15the patient elects in writing to arrange for the burial or
16cremation of the fetus, no fetal death certificate shall be 
17required 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
		SB3326	- 2 -	LRB104 20306 BDA 33757 b
1form [forms] to the patient. The funeral director or person 
2acting as such who first assumes custody of fetal remains 
3shall use this form to obtain a permit for disposition of 
4remains.
5(Source: P.A. 103-948, eff. 7-1-25.)
6    Section 10. The Vital Records Act is amended by changing
7Sections 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
11gestation 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
14more shall be registered with the local or subregistrar of the
15district in which the delivery occurred within 7 days after
16the delivery and before removal of the fetus from the State,
17except 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
		SB3326	- 3 -	LRB104 20306 BDA 33757 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
17signed within 24 hours after delivery by the certifying health
18care professional in attendance at or after delivery, except
19when investigation is required under Division 3-3 of Article 3
20of the Counties Code and except as provided by regulation in
21special problem cases.
22    (3) When a fetal death occurs without medical attendance
23upon the mother at or after the delivery, or when
24investigation is required under Division 3-3 of Article 3 of
25the Counties Code, the coroner shall be responsible for the
26completion of the fetal death certificate and shall sign the
		SB3326	- 4 -	LRB104 20306 BDA 33757 b
1medical certification within 24 hours after the delivery or
2the finding of the fetus, except as provided by regulation in
3special 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
7who first assumes custody of a dead body or fetus shall make a
8written report to the registrar of the district in which death
9occurred or in which the body or fetus was found within 24
10hours after taking custody of the body or fetus on a form
11prescribed and furnished by the State Registrar and in
12accordance with the rules promulgated by the State Registrar.
13Except as specified in paragraph (2) of this Section, the
14written report shall serve as a permit to transport, bury, or
15entomb the body or fetus within this State, provided that the
16funeral director or person acting as such shall certify that
17the certifying health care professional who, within 12 months
18prior to the date of the patient's death, was treating or
19managing treatment of the patient's illness or condition which
20resulted in death has been contacted and has affirmatively
21stated that he or she will sign the medical certificate of
22death or the fetal death certificate. If a funeral director
23fails to file written reports under this Section in a timely
24manner, the local registrar may suspend the funeral director's
25privilege of filing written reports by mail. In a county with a
		SB3326	- 5 -	LRB104 20306 BDA 33757 b
1population greater than 3,000,000, if a funeral director or
2person acting as such inters or entombs a dead body without
3having previously certified that the certifying health care
4professional who, within 12 months prior to the date of the
5patient's death, was treating or managing treatment of the
6patient's illness or condition that resulted in death has been
7contacted and has affirmatively stated that he or she will
8sign the medical certificate of death, then that funeral
9director or person acting as such is responsible for payment
10of the specific costs incurred by the county medical examiner
11in disinterring and reinterring or reentombing the dead body.
12    (2) The written report as specified in paragraph (1) of
13this 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
20this Section the funeral director or person acting as such who
21first assumes custody of a dead body or fetus shall obtain a
22permit for disposition of such dead human body prior to final
23disposition or removal from the State of the body or fetus.
24Such permit shall be issued by the registrar of the district
25where death occurred or the body or fetus was found. No such
26permit shall be issued until a properly completed certificate
		SB3326	- 6 -	LRB104 20306 BDA 33757 b
1of death or Authorization for Disposition of Fetal Remains has
2been filed with the registrar. The registrar shall insure the
3issuance of a permit for disposition within an expedited
4period of time to accommodate Sunday or holiday burials of
5decedents whose time of death and religious tenets or beliefs
6necessitate Sunday or holiday burials.
7    (4) A permit which accompanies a dead body or fetus
8brought into this State shall be authority for final
9disposition of the body or fetus in this State, except in
10municipalities where local ordinance requires the issuance of
11a local permit prior to disposition.
12    (5) A permit for disposition of a dead human body shall be
13required prior to disinterment of a dead body or fetus, and
14when the disinterred body is to be shipped by a common carrier.
15Such permit shall be issued to a licensed funeral director or
16person acting as such, upon proper application, by the local
17registrar of the district in which disinterment is to be made.
18In the case of disinterment, proper application shall include
19a statement providing the name and address of any surviving
20spouse of the deceased, or, if none, any surviving children of
21the deceased, or if no surviving spouse or children, a parent,
22brother, or sister of the deceased. The application shall
23indicate whether the applicant is one of these parties and, if
24so, whether the applicant is a surviving spouse or a surviving
25child. Prior to the issuance of a permit for disinterment, the
26local registrar shall, by certified mail, notify the surviving
		SB3326	- 7 -	LRB104 20306 BDA 33757 b
1spouse, unless he or she is the applicant, or if there is no
2surviving spouse, all surviving children except for the
3applicant, of the application for the permit. The person or
4persons notified shall have 30 days from the mailing of the
5notice to object by obtaining an injunction enjoining the
6issuance of the permit. After the 30-day period has expired,
7the local registrar shall issue the permit unless he or she has
8been enjoined from doing so or there are other statutory
9grounds for refusal. The notice to the spouse or surviving
10children shall inform the person or persons being notified of
11the right to seek an injunction within 30 days.
12Notwithstanding any other provision of this subsection (5), a
13court may order issuance of a permit for disinterment without
14notice or prior to the expiration of the 30-day period where
15the petition is made by an agency of any governmental unit and
16good cause is shown for disinterment without notice or for the
17early order. Nothing in this subsection (5) limits the
18authority of the City of Chicago to acquire property or
19otherwise exercise its powers under the O'Hare Modernization
20Act or requires that City, or any person acting on behalf of
21that City, to obtain a permit under this subsection (5) when
22exercising powers under the O'Hare Modernization Act. The
23Illinois Department of Transportation, and any person acting
24on its behalf under a public-private agreement entered into in
25accordance with the Public-Private Agreements for the South
26Suburban Airport Act, is exempt from this subsection (5),
		SB3326	- 8 -	LRB104 20306 BDA 33757 b
1provided that the Illinois Department of Transportation, or
2any such person, takes reasonable steps to comply with the
3provisions of this subsection (5) so long as compliance does
4not interfere with the design, development, operation, or
5maintenance of the South Suburban Airport or the exercise of
6their powers under the Public-Private Agreements for the South
7Suburban Airport Act.
8    (6) In the case of a fetal death that occurs after a 
9gestation period of less than 20 weeks or in the case of an 
10abortion, as defined in Section 1-10 of the Reproductive 
11Health Act, no fetal death certificate shall be required for 
12the disposition of remains. The Department shall create a form 
13to be used by the funeral director or person acting as such to 
14obtain a permit for burial, entombment, or cremation. The form 
15shall be included as an appendix to the existing rules under 
16this Act. Any form filed under this Section shall be sealed by 
17the local registrar, and a copy shall not be retained by the 
18funeral director.
19(Source: P.A. 102-257, eff. 1-1-22.)