2020 Illinois Compiled Statutes
Chapter 410 - PUBLIC HEALTH
410 ILCS 505/ - Autopsy Act.

Sec. 0.01. Short title. This Act may be cited as the Autopsy Act.

(Source: P.A. 86-1324.)

(410 ILCS 505/1) (from Ch. 31, par. 41)

Sec. 1. a. "Physician" means any person authorized to practice medicine in all its branches in accordance with the Medical Practice Act of 1987, as amended, and wherever possible, such "Physician" shall be one having special training in pathology.

b. "Hospital" means any place authorized to operate under the "Hospital Licensing Act", approved July 1, 1953, as amended, and any hospital or similar care facility maintained by the State of Illinois or any department or agency thereof.

c. "Surviving relative" means the spouse, an adult child, the parent, or an adult brother or sister of the decedent.

d. "Written authorization" means any printed, typed or handwritten communication signed by the person granting the authorization.

(Source: P.A. 85-1209.)

(410 ILCS 505/2) (from Ch. 31, par. 42)

Sec. 2. Any physician may perform an autopsy upon the body of a decedent; provided,

a. he has a written authorization from the decedent (or from an agent of the decedent as authorized by the decedent under the Powers of Attorney for Health Care Law, as now or hereafter amended) to do so; or

b. a written authorization from a surviving relative who has the right to determine the method for disposing of the body or a next of kin or other person who has such right; or

c. a telegraphic or telephonic authorization from (i) a surviving relative who has the right to determine the method for disposing of the body or a next of kin or other person who has such right or (ii) an agent of the decedent as authorized by the decedent under the Powers of Attorney for Health Care Law, as now or hereafter amended; provided, the telegraphic or telephonic authorization is verified, in writing, by at least 2 persons who were present at the time and place the authorization was received;

d. where 2 or more persons have equal right to determine the method for disposing of the body, the authorization of only one such person shall be necessary, unless, before the autopsy is performed, any others having such equal right shall object in writing or, if not physically present in the community where the autopsy is to be performed, by telephonic or telegraphic communication to the physician by whom the autopsy is to be performed, in which event, the authorization shall be deemed insufficient.

In the case of a suspicious child death, the physician shall be a pathologist certified by the Department of Public Health's Advisory Board on Necropsy Services.

Authorization may be given to a physician or hospital administrator or his duly authorized representative, but only a physician shall perform the autopsy.

(Source: P.A. 86-736.)

(410 ILCS 505/3) (from Ch. 31, par. 43)

Sec. 3. The authorized personnel of a hospital or other qualified personnel selected by a physician may assist a physician performing an autopsy.

(Source: Laws 1965, p. 2996.)

(410 ILCS 505/4) (from Ch. 31, par. 44)

Sec. 4. The provisions of this Act shall not apply to a case of death without attendance by a physician, where the decedent was under treatment by a duly authorized practitioner of a recognized church or religious denomination which relies upon prayer or spiritual means alone for healing.

(Source: Laws 1965, p. 2996.)

(410 ILCS 505/5) (from Ch. 31, par. 45)

Sec. 5. Nothing in this Act shall be construed to contravene or supersede the provisions of "An Act to revise the law in relation to coroners", approved February 6, 1874, as amended.

(Source: Laws 1965, p. 2996.)

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