Sen. William R. Haine
Filed: 4/20/2010
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| 1 | AMENDMENT TO HOUSE BILL 6420
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| 2 | AMENDMENT NO. ______. Amend House Bill 6420 by replacing | ||||||
| 3 | line 24, on page 6, through line 1, on page 7, with the | ||||||
| 4 | following:
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| 5 | "Within the existing scope of the practice of funeral | ||||||
| 6 | directing or funeral directing and embalming, only a licensed | ||||||
| 7 | funeral director, a licensed funeral director and embalmer, or | ||||||
| 8 | a licensed funeral director and embalmer intern under the | ||||||
| 9 | restrictions provided for in this Code, and not any other | ||||||
| 10 | person employed or contracted by the licensee, may engage in | ||||||
| 11 | the following activities at-need: (1) have direct contact with | ||||||
| 12 | consumers and explain funeral or burial merchandise or services | ||||||
| 13 | or (2) negotiate, develop, or finalize contracts with | ||||||
| 14 | consumers. This paragraph shall not be construed or enforced in | ||||||
| 15 | such a manner as to limit the functions of persons regulated | ||||||
| 16 | under the Illinois Funeral and Burial Funds Act, the Illinois | ||||||
| 17 | Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the | ||||||
| 18 | Cemetery Care Act, the Cemetery Association Act, the Illinois | ||||||
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| 1 | Insurance Code, or any other related professional regulatory | ||||||
| 2 | Act."; and | ||||||
| 3 | by replacing line 24 on page 9, through line 1, on page 10, | ||||||
| 4 | with the following: | ||||||
| 5 | "Within the existing scope of the practice of funeral | ||||||
| 6 | directing or funeral directing and embalming, only a licensed | ||||||
| 7 | funeral director, a licensed funeral director and embalmer, or | ||||||
| 8 | a licensed funeral director and embalmer intern under the | ||||||
| 9 | restrictions provided for in this Code, and not any other | ||||||
| 10 | person employed or contracted by the licensee, may engage in | ||||||
| 11 | the following activities at-need: (1) have direct contact with | ||||||
| 12 | consumers and explain funeral or burial merchandise or services | ||||||
| 13 | or (2) negotiate, develop, or finalize contracts with | ||||||
| 14 | consumers. This paragraph shall not be construed or enforced in | ||||||
| 15 | such a manner as to limit the functions of persons regulated | ||||||
| 16 | under the Illinois Funeral and Burial Funds Act, the Illinois | ||||||
| 17 | Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the | ||||||
| 18 | Cemetery Care Act, the Cemetery Association Act, the Illinois | ||||||
| 19 | Insurance Code, or any other related professional regulatory | ||||||
| 20 | Act."; and | ||||||
| 21 | on page 40, line 16, after "requirements", by inserting "with | ||||||
| 22 | the consultation of the Board"; and | ||||||
| 23 | on page 53, immediately below line 12, by inserting the | ||||||
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| 1 | following: | ||||||
| 2 | "(e) Nothing in this Section shall be construed or enforced | ||||||
| 3 | to give a funeral director and embalmer, or his or her | ||||||
| 4 | designees, authority over the operation of a cemetery or over | ||||||
| 5 | cemetery employees. Nothing in this Section shall be construed | ||||||
| 6 | or enforced to impose duties or penalties on cemeteries with | ||||||
| 7 | respect to the timing of the placement of human remains in | ||||||
| 8 | their designated grave or the sealing of the above ground | ||||||
| 9 | depository, crypt, or urn due to patron safety, the allocation | ||||||
| 10 | of cemetery staffing, liability insurance, a collective | ||||||
| 11 | bargaining agreement, or other such reasons.".
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