State of Illinois
90th General Assembly
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90_HB3263

      225 ILCS 41/1-15
      225 ILCS 41/1-20
          Amends the  Funeral  Directors  and  Embalmers  Licensing
      Code.   Amends  the  definition  of funeral directing and the
      definition of funeral directing and embalming to include  the
      engaging in or making or holding oneself out as being engaged
      in  or making funeral arrangements or the offering or holding
      oneself out as offering the opportunity to purchase or enroll
      in a  prepaid  funeral  agreement  for  funeral  services  or
      funeral merchandise.
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                                               LRB9007975LDpk
 1        AN  ACT  to  amend  the  Funeral  Directors and Embalmers
 2    Licensing Code by changing Sections 1-15 and 1-20.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Funeral Directors and Embalmers Licensing
 6    Code  is  amended  by  changing  Sections  1-15  and  1-20 as
 7    follows:
 8        (225 ILCS 41/1-15)
 9        Sec. 1-15.  Funeral directing; definition. Conducting  or
10    engaging  in  or  representing  or  holding  out  oneself  as
11    conducting  or  engaged  in any one or any combination of the
12    following  practices  constitutes  the  practice  of  funeral
13    directing:
14             (a)  The practice of preparing,  otherwise  than  by
15        embalming,  for  the  burial,  cremation, or disposal and
16        directing and  supervising  the  burial  or  disposal  of
17        deceased  human  remains or performing any act or service
18        in connection with the preparing of  dead  human  bodies.
19        Preparation,  direction,  and  supervision  shall  not be
20        construed to mean those functions normally  performed  by
21        cemetery and crematory personnel.
22             (b)  The practice of operating a place for preparing
23        for  the  disposition  of  deceased  human  bodies or for
24        caring   for   deceased   human   bodies   before   their
25        disposition.  Nothing in this  Code  shall  prohibit  the
26        ownership and management of such a place by an unlicensed
27        owner  if  the  place is operated in accordance with this
28        Code and the unlicensed owner does not engage in any form
29        of funeral directing.
30             (c)  The removal of a deceased human body  from  its
31        place  of  death,  institution  or  other  location.  The
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 1        licensed funeral director may engage others who  are  not
 2        licensed  funeral  directors  to assist in the removal if
 3        the  funeral  director  directs  and  instructs  them  in
 4        handling and  precautionary  procedures  and  accompanies
 5        them  on all calls.  The transportation of deceased human
 6        remains to a cemetery, crematory or other place of  final
 7        disposition   shall   be   under   the  immediate  direct
 8        supervision of a licensee unless otherwise  permitted  by
 9        this  Section.   The  transportation  of  deceased  human
10        remains  that  are  embalmed  or  otherwise  prepared and
11        enclosed in an appropriate container to some other  place
12        that  is  not  the  place  of  final disposition, such as
13        another funeral home or common carrier, or to a  facility
14        that   shares  common  ownership  with  the  transporting
15        funeral  home  may  be  performed   under   the   general
16        supervision  of  a licensee, but the supervision need not
17        be immediate or direct.
18             (d)  The  administering  and   conducting   of,   or
19        assuming  responsibility for administering and conducting
20        of, at need funeral arrangements.
21             (e)  The  assuming   custody   of,   transportation,
22        providing shelter, protection and care and disposition of
23        deceased  human  remains  and the furnishing of necessary
24        funeral services, facilities and equipment.
25             (f)  Using in connection with a name or practice the
26        word  "funeral  director,"   "undertaker,"   "mortician,"
27        "funeral  home,"  "funeral  parlor," "funeral chapel," or
28        any other title implying that the person  is  engaged  in
29        the practice of funeral directing.
30             (g)  The  practice  of  making funeral arrangements,
31        including  at-need  funeral   arrangements   or   preneed
32        arrangements, or the practice of offering the opportunity
33        to  purchase or enroll in a prepaid funeral agreement for
34        funeral services or funeral merchandise.
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 1        The practice of funeral directing shall not  include  the
 2    phoning  in  of obituary notices, ordering of flowers for the
 3    funeral, or reporting of prices on the firm's  general  price
 4    list  as  required  by  the  Federal Trade Commission rule by
 5    nonlicensed persons, or like clerical tasks incidental to the
 6    act of making funeral arrangements.
 7        The making of funeral arrangements,  at  need,  shall  be
 8    done  only  by licensed funeral directors or licensed funeral
 9    directors and embalmers.
10    (Source: P.A. 87-966.)
11        (225 ILCS 41/1-20)
12        Sec. 1-20.  Funeral directing and embalming;  definition.
13    "The practice of funeral directing and embalming" means:
14             (a)  The  practice  of  preparing, otherwise than by
15        embalming, for the burial,  cremation,  or  disposal  and
16        directing  and  supervising  the  burial  or  disposal of
17        deceased human remains or performing any act  or  service
18        in  connection  with  the preparing of dead human bodies.
19        Preparation, direction,  and  supervision  shall  not  be
20        construed  to  mean those functions normally performed by
21        cemetery and crematory personnel.
22             (b)  The practice of operating a place for preparing
23        for the disposition  of  deceased  human  bodies  or  for
24        caring   for   deceased   human   bodies   before   their
25        disposition.   Nothing  in  this  Code shall prohibit the
26        ownership and management of such a place by an unlicensed
27        owner if the place is operated in  accordance  with  this
28        Code and the unlicensed owner does not engage in any form
29        of funeral directing and embalming.
30             (c)  The  removal  of a deceased human body from its
31        place of death, institution or other location. A licensed
32        funeral  director  and  embalmer  trainee  may  remove  a
33        deceased human body from its place of death, institution,
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 1        or other location without another licensee being present.
 2        The licensed funeral director  and  embalmer  may  engage
 3        others   who  are  not  licensed  funeral  directors  and
 4        embalmers or funeral director and  embalmer  trainees  to
 5        assist  in  the  removal  if  the  funeral  director  and
 6        embalmer  directs  and  instructs  them  in  handling and
 7        precautionary procedures  and  accompanies  them  on  all
 8        calls.  The transportation of deceased human remains to a
 9        cemetery,  crematory  or other place of final disposition
10        shall be under the immediate,  direct  supervision  of  a
11        licensee unless otherwise permitted by this Section.  The
12        transportation   of   deceased  human  remains  that  are
13        embalmed  or  otherwise  prepared  and  enclosed  in   an
14        appropriate container to some other place that is not the
15        place  of final disposition, such as another funeral home
16        or common carrier, or to a facility  that  shares  common
17        ownership  with  the  transporting  funeral  home  may be
18        performed under the general supervision  of  a  licensee,
19        but the supervision need not be immediate or direct.
20             (d)  The   administering   and   conducting  of,  or
21        assuming responsibility for administering and  conducting
22        of, at need funeral arrangements.
23             (e)  The   assuming   custody   of,  transportation,
24        providing shelter, protection and care and disposition of
25        deceased human remains and the  furnishing  of  necessary
26        funeral services, facilities and equipment.
27             (f)  Using in connection with a name or practice the
28        word   "funeral   director   and  embalmer",  "embalmer",
29        "funeral director", "undertaker",  "mortician",  "funeral
30        home",  "funeral  parlor", "funeral chapel", or any other
31        title implying that the person is engaged in the practice
32        of funeral directing and embalming.
33             (g)  The embalming or representing  or  holding  out
34        oneself  as  engaged  in  the  practice  of  embalming of
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 1        deceased human bodies  or  the  transportation  of  human
 2        bodies deceased of a contagious or infectious disease.
 3             (h)  The  engaging  in  or making or holding oneself
 4        out as being engaged in or making  funeral  arrangements,
 5        including   at-need   funeral   arrangements  or  preneed
 6        arrangements, or the offering or holding oneself  out  as
 7        offering  the  opportunity  to  purchase  or  enroll in a
 8        prepaid funeral agreement for funeral services or funeral
 9        merchandise.
10        The practice of funeral directing and embalming shall not
11    include the phoning  in  of  obituary  notices,  ordering  of
12    flowers for the funeral, or reporting of prices on the firm's
13    general   price   list  as  required  by  the  Federal  Trade
14    Commission rule by  nonlicensed  persons,  or  like  clerical
15    tasks incidental to the act of making funeral arrangements.
16        The  making  of  funeral  arrangements, at need, shall be
17    done only by licensed funeral directors or  licensed  funeral
18    directors   and  embalmers.  Licensed  funeral  director  and
19    embalmer trainees may, however, assist or participate in  the
20    arrangements.
21    (Source: P.A. 87-966.)

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