SB4024 104TH GENERAL ASSEMBLY

LRB104 19608 AAS 33057 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4024

Introduced 2/6/2026, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

See Index

Amends the Funeral Directors and Embalmers Licensing Code. Provides that "funeral establishment", "funeral chapel", "funeral home", or "mortuary", when used in reference to transfer care specialists, means a building or a separate portion of a building having a specific street address or location devoted to activities relating to the shelter, care, custody and preparation of a deceased human body that contains facilities for funeral and wake services and operates from a fixed place of business. Defines "general supervision", "immediate and direct supervision", and "transfer care specialist". Requires a funeral establishment, funeral chapel, funeral home, or mortuary to operate from a fixed place of business. Creates the Transfer Care Specialists Article under the Code. Sets forth provisions concerning license requirements; address of record and email address of record; license qualifications; applications; the issuance and display of transfer care specialist licenses; renewal, reinstatement, and restoration of a license; the applicability of the Article; and rulemaking authority of the Department of Financial and Professional Regulation. In provisions concerning practicing without a license, provides that the practice of removing a deceased human body from its place of death, institution, or other location as a transfer care specialist by any person who has not been issued a license by the Department, whose license has been suspended or revoked, or whose license has not been renewed is hereby declared to be inimical to the public welfare and to constitute a public nuisance. In provisions concerning grounds for discipline, provides that engaging in practice as a transfer care specialist without a license is a Class A misdemeanor. Makes other changes.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Funeral Directors and Embalmers Licensing Code is amended by changing Sections 1-10, 1-15, 1-20, 15-30, 15-45, 15-72, and 15-75 and by adding Article 11 and Sections 1-21, 1-22, and 1-23 as follows:

(225 ILCS 41/1-10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 1-10. Definitions. As used in this Code:

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file.

"Applicant" means any person making application for a license. Any applicants or people who hold themselves out as applicants are considered licensees for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.

"Board" means the Funeral Directors and Embalmers Licensing and Disciplinary Board.

"Certificate of Death" means a certificate of death as referenced in the Illinois Vital Records Act.

"Chain of custody record" means a record that establishes the continuous control of a uniquely identified body, body parts, or human remains.

"Department" means the Department of Financial and Professional Regulation.

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit.

"Funeral director and embalmer" means a person who is licensed and qualified to practice funeral directing and to prepare, disinfect and preserve dead human bodies by the injection or external application of antiseptics, disinfectants or preservative fluids and materials and to use derma surgery or plastic art for the restoring of mutilated features. It further means a person who restores the remains of a person for the purpose of funeralization whose organs or bone or tissue has been donated for anatomical purposes.

"Funeral director and embalmer intern" means a person licensed by the Department who is qualified to render assistance to a funeral director and embalmer in carrying out the practice of funeral directing and embalming under the supervision of the funeral director and embalmer.

"Embalming" means the process of sanitizing and chemically treating a deceased human body in order to reduce the presence and growth of microorganisms, to retard organic decomposition, to render the remains safe to handle while retaining naturalness of tissue, and to restore an acceptable physical appearance for funeral viewing purposes.

"Funeral director" means a person, known by the title of "funeral director" or other similar words or titles, licensed by the Department who practices funeral directing.

"Funeral establishment", "funeral chapel", "funeral home", or "mortuary", except when used in reference to transfer care specialists, means a building or separate portion of a building having a specific street address or location and devoted to activities relating to the shelter, care, custody and preparation of a deceased human body and which may contain facilities for funeral or wake services. "Funeral establishment", "funeral chapel", "funeral home", or "mortuary", when used in reference to transfer care specialists, means a building or a separate portion of a building having a specific street address or location devoted to activities relating to the shelter, care, custody and preparation of a deceased human body that contains facilities for funeral and wake services and operates from a fixed place of business.

"General supervision" means oversight of an activity provided by a licensed funeral director or licensed funeral director and embalmer who has authorized the activity to be performed, is responsible for the conduct and outcome of the activity, and is available for consultation and direction on the activity as needed, but who is not required to be physically present at the location where the activity is performed.

"Immediate and direct supervision" means oversight of an activity provided by a licensed funeral director or licensed funeral director and embalmer who is physically present to observe the activity and, as necessary, correct the performance of a licensed funeral director and embalmer intern or a licensed transfer care specialist. "Immediate and direct supervision" does not include supervision provided by telephone, electronic communication, or periodic review after the activity has occurred.

"Licensee" means a person licensed under this Code as a funeral director, funeral director and embalmer, or funeral director and embalmer intern, or transfer care specialist. Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.

"Owner" means the individual, partnership, corporation, limited liability company, association, trust, estate, or agent thereof, or other person or combination of persons who owns a funeral establishment or funeral business.

"Person" means any individual, partnership, association, firm, corporation, limited liability company, trust or estate, or other entity. "Person" includes both natural persons and legal entities.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Transfer care specialist" means a person who is licensed and qualified to perform the removal of a deceased human body from its place of death, institution, or other location under the supervision of a licensed funeral director or a licensed funeral director and embalmer.

"Uniquely identified" means providing the deceased with individualized identification.

(Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25.)

(225 ILCS 41/1-15)

(Section scheduled to be repealed on January 1, 2028)

Sec. 1-15. Funeral directing; definition. Conducting or engaging in or representing or holding out oneself as conducting or engaging in any one or any combination of the following practices constitutes the practice of funeral directing:

(a) The practice of preparing, otherwise than by embalming, for the burial, cremation, or disposition and directing and supervising the burial or disposition of deceased human remains or performing any act or service in connection with the preparing of dead human bodies. Preparation, direction, and supervision shall not be construed to mean those functions normally performed by cemetery and crematory personnel, except for functions that include direct physical contact with deceased human remains or the direction or supervision of the disposition of deceased human remains beyond the act of burial or cremation.

(b) The practice of operating a place for preparing for the disposition of deceased human bodies or for caring for deceased human bodies before their disposition. Nothing in this Code shall prohibit the ownership and management of such a place by an unlicensed owner if the place is operated in accordance with this Code and the unlicensed owner does not engage in any form of funeral directing. An unlicensed owner may interact with consumers while a licensed funeral director is present in accordance with this Section.

(c) The removal of a deceased human body from its place of death, institution, or other location. A licensed funeral director and embalmer intern or a licensed transfer care specialist may remove a deceased human body from its place of death, institution, or other location without a licensed funeral director another licensee being present. The licensed funeral director may engage others who are not licensed funeral directors, licensed funeral director and embalmers, or licensed funeral director and embalmer interns, or licensed transfer care specialists to assist in the removal if the funeral director directs and instructs them in handling and precautionary procedures and accompanies them on all calls. The transportation of deceased human remains to a cemetery, crematory or other place of final disposition shall be under the immediate direct supervision of a licensed funeral director licensee unless otherwise permitted by this Section. The transportation of deceased human remains that are embalmed or otherwise prepared and enclosed in an appropriate container to some other place that is not the place of final disposition, such as another funeral home or common carrier, or to a facility that shares common ownership with the transporting funeral home may be performed under the general supervision of a licensed funeral director licensee, but the supervision need not be immediate and or direct.

(d) The administering and conducting of, or assuming responsibility for administering and conducting of, at need funeral arrangements.

(e) The assuming custody of, transportation, providing shelter, protection and care and disposition of deceased human remains and the furnishing of necessary funeral services, facilities and equipment.

(f) Using in connection with a name or practice the word "funeral director", "undertaker", "mortician", "funeral home", "funeral parlor", "funeral chapel", or any other title implying that the person is engaged in the practice of funeral directing.

Within the existing scope of the practice of funeral directing or funeral directing and embalming, only a licensed funeral director, a licensed funeral director and embalmer, or a licensed funeral director and embalmer intern under the restrictions provided for in this Code, and not any other person employed or contracted by the licensee, may engage in the following activities at-need: (1) have direct contact with consumers and explain funeral or burial merchandise or services or (2) negotiate, develop, or finalize contracts with consumers. This paragraph shall not be construed or enforced in such a manner as to limit the functions of persons regulated under the Illinois Funeral or Burial Funds Act, the Illinois Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery Association Act, the Illinois Insurance Code, or any other related professional regulatory Act.

The practice of funeral directing shall not include the phoning in of obituary notices, ordering of flowers for the funeral, or reporting of prices on the firm's general price list as required by the Federal Trade Commission Funeral Rule by nonlicensed persons, or like clerical tasks incidental to the act of making funeral arrangements.

The making of funeral arrangements, at need, shall be done only by licensed funeral directors or licensed funeral directors and embalmers. Licensed funeral director and embalmer interns may, however, assist or participate in the arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer.

(Source: P.A. 102-881, eff. 1-1-23.)

(225 ILCS 41/1-20)

(Section scheduled to be repealed on January 1, 2028)

Sec. 1-20. Funeral directing and embalming; definition. "The practice of funeral directing and embalming" means:

(a) The practice of preparing, otherwise than by embalming, for the burial, cremation, or disposition and directing and supervising the burial or disposition of deceased human remains or performing any act or service in connection with the preparing of dead human bodies. Preparation, direction, and supervision shall not be construed to mean those functions normally performed by cemetery and crematory personnel, except for functions that include direct physical contact with deceased human remains or the direction or supervision of the disposition of deceased human remains beyond the act of burial or cremation.

(b) The practice of operating a place for preparing for the disposition of deceased human bodies or for caring for deceased human bodies before their disposition. Nothing in this Code shall prohibit the ownership and management of such a place by an unlicensed owner if the place is operated in accordance with this Code and the unlicensed owner does not engage in any form of funeral directing and embalming.

(c) The removal of a deceased human body from its place of death, institution or other location. A licensed funeral director and embalmer intern or a licensed transfer care specialist may remove a deceased human body from its place of death, institution, or other location without a licensed funeral director and embalmer another licensee being present. The licensed funeral director and embalmer may engage others who are not licensed funeral directors and embalmers, licensed funeral directors, or licensed funeral director and embalmer interns, or licensed transfer care specialists to assist in the removal if the funeral director and embalmer directs and instructs them in handling and precautionary procedures and accompanies them on all calls. The transportation of deceased human remains to a cemetery, crematory, or other place of final disposition shall be under the immediate, direct supervision of a licensed funeral director and embalmer licensee unless otherwise permitted by this Section. The transportation of deceased human remains that are embalmed or otherwise prepared and enclosed in an appropriate container to some other place that is not the place of final disposition, such as another funeral home or common carrier, or to a facility that shares common ownership with the transporting funeral home may be performed under the general supervision of a licensed funeral director and embalmer licensee, but the supervision need not be immediate and or direct supervision.

(d) The administering and conducting of, or assuming responsibility for administering and conducting of, at need funeral arrangements.

(e) The assuming custody of, transportation, providing shelter, protection and care and disposition of deceased human remains and the furnishing of necessary funeral services, facilities and equipment.

(f) Using in connection with a name or practice the word "funeral director and embalmer", "embalmer", "funeral director", "undertaker", "mortician", "funeral home", "funeral parlor", "funeral chapel", or any other title implying that the person is engaged in the practice of funeral directing and embalming.

(g) The practice of embalming or representing or holding out oneself as engaged in the practice of embalming of deceased human bodies or the transportation of human bodies deceased of a contagious or infectious disease.

Within the existing scope of the practice of funeral directing or funeral directing and embalming, only a licensed funeral director, a licensed funeral director and embalmer, or a licensed funeral director and embalmer intern under the restrictions provided for in this Code, and not any other person employed or contracted by the licensee, may engage in the following activities at-need: (1) have direct contact with consumers and explain funeral or burial merchandise or services or (2) negotiate, develop, or finalize contracts with consumers. This paragraph shall not be construed or enforced in such a manner as to limit the functions of persons regulated under the Illinois Funeral or Burial Funds Act, the Illinois Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery Association Act, the Illinois Insurance Code, or any other related professional regulatory Act.

The practice of funeral directing and embalming shall not include the phoning in of obituary notices, ordering of flowers for the funeral, or reporting of prices on the firm's general price list as required by the Federal Trade Commission Funeral Rule by nonlicensed persons, or like clerical tasks incidental to the act of making funeral arrangements.

The making of funeral arrangements, at need, shall be done only by licensed funeral directors or licensed funeral directors and embalmers. Licensed funeral director and embalmer interns may, however, assist or participate in the arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer.

(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)

(225 ILCS 41/1-21 new)

Sec. 1-21. Funeral establishment, funeral chapel, funeral home, or mortuary. A funeral establishment, funeral chapel, funeral home, or mortuary shall operate from a fixed place of business. A funeral establishment, funeral chapel, funeral home, or mortuary that is under different ownership from or that does not share a common financial or business interest with another funeral establishment, funeral chapel, funeral home, or mortuary shall not operate from the same address, location, or fixed place of business as that funeral establishment, funeral chapel, funeral home, or mortuary.

(225 ILCS 41/1-22 new)

Sec. 1-22. General supervision. General supervision may be provided through periodic review, written protocols, or electronic or telephonic communication. A supervising licensed funeral director or licensed funeral director and embalmer shall be accountable for the actions of the licensed funeral director and embalmer intern or the licensed transfer care specialist being supervised throughout the duration of the training and supervision. The supervising licensed funeral director or licensed funeral director and embalmer shall also be accountable for any violations of law or rule committed in the performance of duties by the licensed funeral director and embalmer intern or licensed transfer care specialist being supervised.

(225 ILCS 41/1-23 new)

Sec. 1-23. Immediate and direct supervision. A supervising licensed funeral director or licensed funeral director and embalmer shall be accountable for the actions of the licensed funeral director and embalmer intern or the licensed transfer care specialist being supervised throughout the duration of the training and supervision. The supervising licensed funeral director or licensed funeral director and embalmer shall also be accountable for any violations of law or rule committed in the performance of duties by the licensed funeral director and embalmer intern or licensed transfer care specialist being supervised.

(225 ILCS 41/Art. 11 heading new)

ARTICLE 11. TRANSFER CARE SPECIALISTS

(225 ILCS 41/11-1 new)

Sec. 11-1. Applicability. This Article does not apply to Cook County, DuPage County, Lake County, and McHenry County.

(225 ILCS 41/11-5 new)

Sec. 11-5. License requirement. It is unlawful for any person to practice or attempt to practice as a transfer care specialist without being licensed by the Department.

No licensed transfer care specialist shall engage in the independent practice of removing a deceased human body from its place of death, institution, or other location. A licensed transfer care specialist may perform such removal only while acting under the general supervision of a licensed funeral director or a licensed funeral director and embalmer who is on record with the Department as the sponsor of the licensed transfer care specialist.

No person shall practice as a licensed transfer care specialist unless he or she is employed by a funeral establishment, funeral chapel, funeral home, or mortuary. The supervising licensed funeral director or licensed funeral director and embalmer who is on record with the Department as the sponsor of the licensed transfer care specialist shall also be employed by the same funeral establishment, funeral chapel, funeral home, or mortuary as the licensed transfer care specialist.

No licensed transfer care specialist shall perform the removal of a deceased human body from its place of death, institution, or other location on behalf of any funeral establishment other than the funeral establishment that is on record with the Department as the employer of both the licensed transfer care specialist and the supervising licensed funeral director or licensed funeral director and embalmer who is the sponsor of the licensed transfer care specialist.

No licensed transfer care specialist shall transport a deceased human body from a place of death to any funeral establishment or other location other than the funeral establishment that is on record with the Department as the employer of both the licensed transfer care specialist and the supervising licensed funeral director or licensed funeral director and embalmer who is the sponsor of the licensed transfer care specialist.

No licensed transfer care specialist shall practice funeral directing and embalming.

(225 ILCS 41/11-10 new)

Sec. 11-10. Address of record; email address of record. All applicants and licensees shall:

(1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure, renewal, or restoration of a license; and

(2) inform the Department of any changes of address within 14 days after the change of address of record or email address of record, either through the Department's website or by contacting the Department's licensure maintenance unit.

(225 ILCS 41/11-15 new)

Sec. 11-15. License qualifications.

(a) A person who meets all of the following requirements is qualified to receive a license as a transfer care specialist:

(1) is at least 18 years of age.

(2) has successfully completed a Department-approved certification course prior to submitting an application for licensure. The certification course shall be at least 8 hours in length, shall be conducted in person and on site, and shall include instruction, at a minimum, in the following subject areas:

(A) all relevant State and federal laws and regulations related to the removal of a deceased human body from its place of death and the transportation of a deceased human body;

(B) ethical care, handling, and transportation procedures for deceased human bodies;

(C) scene safety, hazard recognition, and the use of personal protective equipment;

(D) Occupational Safety and Health Administration (OSHA) infection control and bloodborne pathogen safety training, including the use of universal precautions and other reasonable measures to minimize the risk of transmitting communicable diseases;

(E) health and safety concerns for the public and the individual performing the transfer of the deceased human body;

(F) basic human anatomy and postmortem physiological changes related to the handling of deceased human bodies;

(G) proper lifting techniques, body mechanics, and the use of equipment for the safe and dignified removal and transport of deceased human bodies;

(H) removal procedures for residential and institutional places of death;

(I) transportation safety and vehicle operations related to the transfer of deceased human bodies;

(J) communication with family members, health care personnel, law enforcement, and medical examiner or coroner staff; and

(K) documentation and recordkeeping requirements related to the removal and transfer of a deceased human body.

(3) is employed by a funeral establishment that is authorized to employ a licensed transfer care specialist. The employment of licensed transfer care specialists at a funeral establishment shall be limited to no more than 2 licensed transfer care specialists for any funeral establishment under common ownership or common interest that is located within a 30-mile geographic radius of another funeral establishment under the same common ownership or common interest.

(4) has been accepted by a licensed funeral director or licensed funeral director and embalmer who will be responsible for supervising the practice of the licensed transfer care specialist. The supervising licensed funeral director or licensed funeral director and embalmer must be authorized to supervise a licensed transfer care specialist and must be on record with the Department as the sponsor of the licensed transfer care specialist. A licensed funeral director or licensed funeral director and embalmer shall sponsor or supervise no more than 2 licensed transfer care specialists at any time.

(5) is satisfactorily versed in approved measures used by the practice for the prevention and against the spread of disease and has the skills reasonably involved, and is adequately and properly protected against communicable diseases by means usually adopted and approved by medical science.

(b) In addition to completing a certification course, an applicant shall complete no less than 12 removals of deceased human bodies that are performed under the immediate and direct supervision of a licensed funeral director or licensed funeral director and embalmer. The required supervised removals shall include, but are not limited to, at least 4 removals from a residential place of death and at least 4 removals from an institutional place of death.

(c) An applicant for licensure shall submit proof of completion of a certification course and proof of the applicant's completion of supervised removals with the applicant's license application on forms that have been prescribed by the Department or verified by a qualified organization that has been selected by the Department to maintain such records.

(d) The Department may adopt rules to implement this Section, including rules concerning standards for course approval, supervision, documentation, minimum competencies, and record retention.

(225 ILCS 41/11-20 new)

Sec. 11-20. Application. Every person who desires to obtain a license as a transfer care specialist shall apply to the Department in writing on forms or electronically as prescribed by the Department. An application shall contain proof of the particular qualifications that are required of the applicant, shall be certified by the applicant, the funeral establishment, and the licensed funeral director or licensed funeral director and embalmer sponsor, and shall be accompanied by the required fee that shall not be refundable.

(225 ILCS 41/11-25 new)

Sec. 11-25. Issuance and display of transfer care specialist license.

(a) Whenever an applicant has met the requirements of this Code, the Department may issue a license to the applicant as a transfer care specialist.

(b) Every holder of a license as a transfer care specialist shall display the license, or a copy of the license, in a conspicuous place in the funeral establishment, funeral chapel, funeral home, or mortuary in which the licensee is employed. Every displayed license shall have the license number visible.

(225 ILCS 41/11-30 new)

Sec. 11-30. Renewal; reinstatement; restoration.

(a) Transfer care specialist licenses shall expire on May 31 of every odd-numbered year. The holder of a license as a transfer care specialist may renew the license during the month preceding the expiration date of the license by paying the required fee. Any licensed transfer care specialist whose license has been expired for more than 2 years may have the license restored only by fulfilling the requirements set forth by the Department by rule and by paying the required restoration fee. However, any transfer care specialist whose license has expired while he or she has been engaged (i) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard, or the State Militia, called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees or restoration fee and without passing any examination if, within 2 years after termination of the service, training, or education other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.

(b) In addition to any other requirement for renewal of a license or the reinstatement or restoration of an expired license, as a condition for the renewal, reinstatement, or restoration of a license as a transfer care specialist, each licensee shall provide evidence to the Department of completion of at least 6 hours of continuing education during the 24 months preceding the expiration date of the license or, in the case of reinstatement or restoration, within the 24 months preceding the application for reinstatement or restoration. Any continuing education sponsors shall be approved by the Board. In addition, any qualified continuing education course for licensed transfer care specialists offered by a college, university, the Illinois Funeral Directors Association, Funeral Directors Services Association of Greater Chicago, Cook County Association of Funeral Home Owners, Inc., Illinois Selected Morticians Associations, Inc., Illinois Cemetery and Funeral Home Association, National Funeral Directors Association, Selected Independent Funeral Homes, National Funeral Directors and Morticians Association, Inc., International Order of the Golden Rule, or an Illinois school of mortuary science shall be accepted toward the satisfaction of the continuing education requirements under this Section.

(c) The Department shall establish by rule a means for the verification of the completion of the continuing education required under this Section. The verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continued education certificates with the Department or a qualified organization that has been selected by the Department to maintain the records, or by other means established by the Department.

(d) Any transfer care specialist whose license is in nonrenewed status shall not engage in the practice of the removal of a deceased human body from its place of death, institution, or other location in this State or use the title or advertise that he or she performs the services of a licensed transfer care specialist. Any person who violates this Section shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of this Code.

(e) This Section is repealed on January 1, 2030.

(225 ILCS 41/11-40 new)

Sec. 11-40. Rulemaking. The Department shall adopt rules to implement and administer this Article in accordance with the Illinois Administrative Procedure Act.

(225 ILCS 41/15-30)

(Section scheduled to be repealed on January 1, 2028)

Sec. 15-30. Unlicensed practice; violations; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds one's self out as a funeral director or a funeral director and embalmer, or a funeral director and embalmer intern, or a transfer care specialist as provided in this Code without being licensed or exempt under this Code shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with Section 15-75.

(b) The Department may investigate any actual, alleged, or suspected unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(d) A person or entity not licensed under this Code who has violated any provision of this Code or its rules is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for a second and subsequent offenses.

(Source: P.A. 102-881, eff. 1-1-23.)

(225 ILCS 41/15-45)

(Section scheduled to be repealed on January 1, 2028)

Sec. 15-45. Practice without license; injunction; cease and desist order; civil penalties.

(a) The practice of funeral directing and embalming or funeral directing by any person who has not been issued a license by the Department, whose license has been suspended or revoked, or whose license has not been renewed is hereby declared to be inimical to the public welfare and to constitute a public nuisance. The Secretary may, in the name of the People of the State of Illinois through the Attorney General of the State of Illinois, or the State's Attorney of any county in which the violation is alleged to have occurred in the State of Illinois, apply for an injunction in the circuit court to enjoin any person who has not been issued a license or whose license has been suspended or revoked, or whose license has not been renewed, from practicing funeral directing and embalming or funeral directing. Upon the filing of a verified complaint in court, the court, if satisfied by affidavit or otherwise that the person is or has been practicing funeral directing and embalming or funeral directing without having been issued a license or after his or her license has been suspended, revoked, or not renewed, may issue a temporary restraining order or preliminary injunction, without notice or bond, enjoining the defendant from further practicing funeral directing and embalming or funeral directing. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing funeral directing and embalming or funeral directing without having been issued a license or has been or is practicing funeral directing and embalming or funeral directing after his or her license has been suspended, revoked, or not renewed, the court may enter a judgment perpetually enjoining the defendant from further practicing funeral directing and embalming or funeral directing. In case of violation of any injunction entered under this Section, the court may summarily try and punish the offender for contempt of court. Any injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies in this Code.

(a-5) The practice of removing a deceased human body from its place of death, institution, or other location as a transfer care specialist by any person who has not been issued a license by the Department, whose license has been suspended or revoked, or whose license has not been renewed is hereby declared to be inimical to the public welfare and to constitute a public nuisance. The Secretary may, in the name of the People of the State of Illinois through the Attorney General or the State's Attorney of any county in this State in which the violation is alleged to have occurred, apply for an injunction in the circuit court to enjoin any person who has not been issued a license, whose license has been suspended or revoked, or whose license has not been renewed, from practicing the removal of a deceased human body from its place of death, institution, or other location as a transfer care specialist. Upon the filing of a verified complaint in court, the court, if satisfied by affidavit or otherwise that the person is or has been practicing the removal of a deceased human body from its place of death, institution, or other location as a transfer care specialist without having been issued a license or after his or her license has been suspended, revoked, or not renewed, may issue a temporary restraining order or preliminary injunction, without notice or bond, enjoining the defendant from further practicing the removal of a deceased human body from its place of death, institution, or other location as a transfer care specialist. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as proceedings in other civil cases. If it is established that the defendant has been or is practicing the removal of a deceased human body from its place of death, institution, or other location as a transfer care specialist without having been issued a license or has been or is practicing the removal of a deceased human body from its place of death, institution, or other location as a transfer care specialist after his or her license has been suspended, revoked, or not renewed, the court may enter a judgment perpetually enjoining the defendant from further practicing the removal of a deceased human body from its place of death, institution, or other location as a transfer care specialist. In case of the violation of any injunction entered pursuant to this Section, the court may summarily try and punish the offender for contempt of court. Any injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies in this Code.

(b) Whenever, in the opinion of the Department, any person or other entity violates any provision of this Code, the Department may issue a notice to show cause why an order to cease and desist should not be entered against that person or other entity. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

(c) (Blank).

(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1130, eff. 8-28-12.)

(225 ILCS 41/15-72)

Sec. 15-72. Applicant convictions.

(a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of funeral directing and embalming.

(b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of funeral directing and embalming and the practice of removing a deceased human body from its place of death, institution, or other location as a transfer care specialist:

(1) first degree murder;

(2) second degree murder;

(3) drug induced homicide;

(4) unlawful restraint;

(5) aggravated unlawful restraint;

(6) forcible detention;

(7) involuntary servitude;

(8) involuntary sexual servitude of a minor;

(9) predatory criminal sexual assault of a child;

(10) aggravated criminal sexual assault;

(11) criminal sexual assault;

(12) criminal sexual abuse;

(13) aggravated kidnaping;

(14) aggravated robbery;

(15) armed robbery;

(16) kidnapping;

(17) aggravated battery;

(18) aggravated vehicular hijacking;

(19) terrorism;

(20) causing a catastrophe;

(21) possession of a deadly substance;

(22) making a terrorist threat;

(23) material support for terrorism;

(24) hindering prosecution of terrorism;

(25) armed violence;

(26) any felony based on consumer fraud or deceptive business practices under the Consumer Fraud and Deceptive Business Practices Act;

(27) any felony requiring registration as a sex offender under the Sex Offender Registration Act;

(28) attempt of any the offenses set forth in paragraphs (1) through (27) of this subsection (b); and

(29) convictions set forth in Section 15-75 of this Code.

(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following:

(1) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;

(2) the time that has elapsed since the criminal conviction; and

(3) the age of the person at the time of the criminal conviction.

(d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following:

(1) the number of initial applicants for a license under this Code within the preceding calendar year;

(2) the number of initial applicants for a license under this Code within the previous calendar year who had a conviction;

(3) the number of applicants with a conviction who were granted a license under this Code within the previous year;

(4) the number of applicants denied a license under this Code within the preceding calendar year; and

(5) the number of applicants denied a license under this Code solely on the basis of a conviction within the preceding calendar year.

(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (b) of Section 15-175 of this Code.

(Source: P.A. 99-876, eff. 1-1-17.)

(225 ILCS 41/15-75)

(Section scheduled to be repealed on January 1, 2028)

Sec. 15-75. Grounds for discipline; penalties.

(a) (Blank).

(a-5) Violations of this Code shall be punishable as follows:

(1) Intentionally or knowingly making a false statement on a Certificate of Death is a Class 4 felony.

(2) Intentionally or knowingly making or filing false records or reports in the practice of funeral directing and embalming, including, but not limited to, false records filed with State agencies or departments is a Class 4 felony.

(3) Intentionally or knowingly violating the chain of custody record requirements set forth in Section 15-56 is a Class 4 felony.

(4) Intentionally or knowingly violating the preparation rooms procedures and rules outlined in Section 15-55 is a Class 4 felony.

(5) Engaging in funeral directing or embalming without a license is a Class A misdemeanor.

(6) Engaging in practice as a transfer care specialist without a license is a Class A misdemeanor.

(b) The Department may refuse to issue or renew, revoke, suspend, place on probation or administrative supervision, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 for each violation, with regard to any license under this Code for any one or combination of the following:

(1) Fraud or any misrepresentation in applying for or procuring a license under this Code or in connection with applying for renewal of a license under this Code.

(2) For licenses, conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession and, for initial applicants, convictions set forth in Section 15-72 of this Code.

(3) (Blank).

(4) Directly or indirectly paying or causing to be paid any sum of money or other valuable consideration for the securing of business or for obtaining authority to dispose of any deceased human body.

(5) Professional incompetence, gross negligence, malpractice, or untrustworthiness in the practice of funeral directing and embalming or funeral directing or in practice as a transfer care specialist.

(6) (Blank).

(7) Engaging in, promoting, selling, or issuing burial contracts, burial certificates, or burial insurance policies in connection with the profession as a funeral director and embalmer, funeral director, or funeral director and embalmer intern in violation of any laws of the State of Illinois.

(8) Refusing, without cause, to surrender the custody of a deceased human body upon the proper request of the person or persons lawfully entitled to the custody of the body.

(9) Taking undue advantage of a client or clients as to amount to the perpetration of fraud.

(10) (Blank).

(11) Encouraging, requesting, or suggesting by a licensee or some person working on his behalf and with his consent for compensation that a person utilize the services of a certain funeral director and embalmer, funeral director, or funeral establishment unless that information has been expressly requested by the person. This does not prohibit general advertising or pre-need solicitation.

(12) Making or causing to be made any false or misleading statements about the laws concerning the disposition of human remains, including, but not limited to, the need to embalm, the need for a casket for cremation or the need for an outer burial container.

(13) (Blank).

(14) Embalming or attempting to embalm a deceased human body without express prior authorization of the person responsible for making the funeral arrangements for the body. This does not apply to cases where embalming is directed by local authorities who have jurisdiction or when embalming is required by State or local law. A licensee may embalm without express prior authorization if a good faith effort has been made to contact family members and has been unsuccessful and the licensee has no reason to believe the family opposes embalming.

(15) (Blank).

(16) Soliciting human bodies after death or while death is imminent.

(17) Performing any act or practice that is a violation of this Code, the rules for the administration of this Code, or any federal, State or local laws, rules, or regulations governing the practice of funeral directing or embalming.

(18) Performing any act or practice that is a violation of Section 2 of the Consumer Fraud and Deceptive Business Practices Act.

(19) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud or harm the public.

(20) Taking possession of a dead human body without having first obtained express permission from the person holding the right to control the disposition in accordance with Section 5 of the Disposition of Remains Act or a public agency legally authorized to direct, control or permit the removal of deceased human bodies.

(21) Advertising in a false or misleading manner or advertising using the name of an unlicensed person in connection with any service being rendered in the practice of funeral directing or funeral directing and embalming. The use of any name of an unlicensed or unregistered person in an advertisement so as to imply that the person will perform services is considered misleading advertising. Nothing in this paragraph shall prevent including the name of any owner, officer or corporate director of a funeral home, who is not a licensee, in any advertisement used by a funeral home with which the individual is affiliated, if the advertisement specifies the individual's affiliation with the funeral home.

(22) Charging for professional services not rendered, including filing false statements for the collection of fees for which services are not rendered.

(23) Failing to account for or remit any monies, documents, or personal property that belongs to others that comes into a licensee's possession.

(24) Treating any person differently to his detriment because of race, color, creed, gender, religion, or national origin.

(25) Knowingly making any false statements, oral or otherwise, of a character likely to influence, persuade or induce others in the course of performing professional services or activities.

(26) (Blank).

(27) Failing to acquire continuing education required under this Code.

(28) (Blank).

(29) Aiding or assisting another person in violating any provision of this Code or rules adopted pursuant to this Code.

(30) Failing within 10 days, to provide information in response to a written request made by the Department.

(31) Discipline by another state, District of Columbia, territory, foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

(32) (Blank).

(33) Mental illness or disability which results in the inability to practice the profession with reasonable judgment, skill, or safety.

(34) Gross, willful, or continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.

(35) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill which results in a licensee's inability to practice under this Code with reasonable judgment, skill, or safety.

(36) Failing to comply with any of the following required activities:

(A) When reasonably possible, a funeral director licensee or funeral director and embalmer licensee or anyone acting on his or her behalf shall obtain the express authorization of the person or persons responsible for making the funeral arrangements for a deceased human body prior to removing a body from the place of death or any place it may be or embalming or attempting to embalm a deceased human body, unless required by State or local law. This requirement is waived whenever removal or embalming is directed by local authorities who have jurisdiction. If the responsibility for the handling of the remains lawfully falls under the jurisdiction of a public agency, then the regulations of the public agency shall prevail.

(B) A licensee shall clearly mark the price of any casket offered for sale or the price of any service using the casket on or in the casket if the casket is displayed at the funeral establishment. If the casket is displayed at any other location, regardless of whether the licensee is in control of that location, the casket shall be clearly marked and the registrant shall use books, catalogues, brochures, or other printed display aids to show the price of each casket or service.

(C) At the time funeral arrangements are made and prior to rendering the funeral services, a licensee shall furnish a written statement of services to be retained by the person or persons making the funeral arrangements, signed by both parties, that shall contain: (i) the name, address and telephone number of the funeral establishment and the date on which the arrangements were made; (ii) the price of the service selected and the services and merchandise included for that price; (iii) a clear disclosure that the person or persons making the arrangement may decline and receive credit for any service or merchandise not desired and not required by law or the funeral director or the funeral director and embalmer; (iv) the supplemental items of service and merchandise requested and the price of each item; (v) the terms or method of payment agreed upon; and (vi) a statement as to any monetary advances made by the registrant on behalf of the family. The licensee shall maintain a copy of the written statement of services in its permanent records. All written statements of services are subject to inspection by the Department.

(D) In all instances where the place of final disposition of a deceased human body or the cremated remains of a deceased human body is a cemetery, the licensed funeral director and embalmer, or licensed funeral director, who has been engaged to provide funeral or embalming services shall remain at the cemetery and personally witness the placement of the human remains in their designated grave or the sealing of the above ground depository, crypt, or urn. The licensed funeral director or licensed funeral director and embalmer may designate a licensed funeral director and embalmer intern or representative of the funeral home to be his or her witness to the placement of the remains. If, at a time after the funeral home has released the cremated remains, arrangements are made for the placement of the cremated remains in a designated grave, above-ground depository, crypt, or urn, and the licensed funeral director or licensed funeral director and embalmer was not contracted to be present for the burial or placement of the cremated remains, the licensed funeral director or licensed funeral director and embalmer is not required to be present at the cemetery to witness the burial or placement of the cremated remains. If the cemetery authority, cemetery manager, or any other agent of the cemetery takes any action that prevents compliance with this paragraph (D), then the funeral director and embalmer or funeral director shall provide written notice to the Department within 5 business days after failing to comply. If the Department receives this notice, then the Department shall not take any disciplinary action against the funeral director and embalmer or funeral director for a violation of this paragraph (D) unless the Department finds that the cemetery authority, manager, or any other agent of the cemetery did not prevent the funeral director and embalmer or funeral director from complying with this paragraph (D) as claimed in the written notice.

(E) A funeral director or funeral director and embalmer shall fully complete the portion of the Certificate of Death under the responsibility of the funeral director or funeral director and embalmer and provide all required information. In the event that any reported information subsequently changes or proves incorrect, a funeral director or funeral director and embalmer shall immediately upon learning the correct information correct the Certificate of Death.

(37) A finding by the Department that the licensee, after having his or her license placed on probationary status or subjected to conditions or restrictions, violated the terms of the probation or failed to comply with such terms or conditions.

(38) (Blank).

(39) Being named as a perpetrator in an indicated report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act and, upon proof by clear and convincing evidence, being found to have caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(40) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substance which results in the inability to practice with reasonable judgment, skill, or safety.

(41) Practicing under a false or, except as provided by law, an assumed name.

(42) Cheating on or attempting to subvert the licensing examination administered under this Code.

(c) The Department may refuse to issue or renew or may suspend without a hearing, as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the license of any person who fails to file a return, to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest as required by any tax Act administered by the Illinois Department of Revenue, until the time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(d) No action may be taken under this Code against a person licensed under this Code unless the action is commenced within 5 years after the occurrence of the alleged violations. A continuing violation shall be deemed to have occurred on the date when the circumstances last existed that give rise to the alleged violation.

(e) Nothing in this Section shall be construed or enforced to give a funeral director and embalmer, or his or her designees, authority over the operation of a cemetery or over cemetery employees. Nothing in this Section shall be construed or enforced to impose duties or penalties on cemeteries with respect to the timing of the placement of human remains in their designated grave or the sealing of the above ground depository, crypt, or urn due to patron safety, the allocation of cemetery staffing, liability insurance, a collective bargaining agreement, or other such reasons.

(f) All fines imposed under this Section shall be paid 60 days after the effective date of the order imposing the fine.

(g) (Blank).

(h) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(i) A person not licensed under this Code who is an owner of a funeral establishment or funeral business shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to offer funeral services or aid, abet, assist, or direct any licensed person contrary to or in violation of any rules or provisions of this Code. A person violating this subsection shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in this Code, the imposition of a fine up to $10,000 for each violation and any other penalty provided by law.

(j) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension. The suspension may end only upon a finding by a court that the licensee is no longer subject to the involuntary admission or judicial admission and issues an order so finding and discharging the licensee, and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice.

(k) In enforcing this Code, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Code, or who has applied for licensure under this Code, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physician shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.

A person holding a license under this Code or who has applied for a license under this Code who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

An individual licensed under this Code and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.

(Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25.)