Illinois General Assembly - Full Text of SB2643
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Full Text of SB2643  103rd General Assembly



SB2643 EnrolledLRB103 35293 RPS 65331 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 Funeral Directors and Embalmers Licensing
5Code is amended by changing Sections 1-10, 10-25, 15-15, and
615-75 and by adding Section 15-56 as follows:
7    (225 ILCS 41/1-10)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 1-10. Definitions. As used in this Code:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file.
13    "Applicant" means any person making application for a
14license. Any applicants or people who hold themselves out as
15applicants are considered licensees for purposes of
16enforcement, investigation, hearings, and the Illinois
17Administrative Procedure Act.
18    "Board" means the Funeral Directors and Embalmers
19Licensing and Disciplinary Board.
20    "Certificate of Death" means a certificate of death as
21referenced in the Illinois Vital Records Act.
22    "Chain of custody record" means a record that establishes
23the continuous control of a uniquely identified body, body



SB2643 Enrolled- 2 -LRB103 35293 RPS 65331 b

1parts, or human remains.
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Email address of record" means the designated email
5address recorded by the Department in the applicant's
6application file or the licensee's license file as maintained
7by the Department's licensure maintenance unit.
8    "Funeral director and embalmer" means a person who is
9licensed and qualified to practice funeral directing and to
10prepare, disinfect and preserve dead human bodies by the
11injection or external application of antiseptics,
12disinfectants or preservative fluids and materials and to use
13derma surgery or plastic art for the restoring of mutilated
14features. It further means a person who restores the remains
15of a person for the purpose of funeralization whose organs or
16bone or tissue has been donated for anatomical purposes.
17    "Funeral director and embalmer intern" means a person
18licensed by the Department who is qualified to render
19assistance to a funeral director and embalmer in carrying out
20the practice of funeral directing and embalming under the
21supervision of the funeral director and embalmer.
22    "Embalming" means the process of sanitizing and chemically
23treating a deceased human body in order to reduce the presence
24and growth of microorganisms, to retard organic decomposition,
25to render the remains safe to handle while retaining
26naturalness of tissue, and to restore an acceptable physical



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1appearance for funeral viewing purposes.
2    "Funeral director" means a person, known by the title of
3"funeral director" or other similar words or titles, licensed
4by the Department who practices funeral directing.
5    "Funeral establishment", "funeral chapel", "funeral home",
6or "mortuary" means a building or separate portion of a
7building having a specific street address or location and
8devoted to activities relating to the shelter, care, custody
9and preparation of a deceased human body and which may contain
10facilities for funeral or wake services.
11    "Licensee" means a person licensed under this Code as a
12funeral director, funeral director and embalmer, or funeral
13director and embalmer intern. Anyone who holds himself or
14herself out as a licensee or who is accused of unlicensed
15practice is considered a licensee for purposes of enforcement,
16investigation, hearings, and the Illinois Administrative
17Procedure Act.
18    "Owner" means the individual, partnership, corporation,
19limited liability company, association, trust, estate, or
20agent thereof, or other person or combination of persons who
21owns a funeral establishment or funeral business.
22    "Person" means any individual, partnership, association,
23firm, corporation, limited liability company, trust or estate,
24or other entity. "Person" includes both natural persons and
25legal entities.
26    "Secretary" means the Secretary of Financial and



SB2643 Enrolled- 4 -LRB103 35293 RPS 65331 b

1Professional Regulation.
2    "Uniquely identified" means providing the deceased with
3individualized identification.
4(Source: P.A. 102-881, eff. 1-1-23.)
5    (225 ILCS 41/10-25)
6    (Section scheduled to be repealed on January 1, 2028)
7    Sec. 10-25. Examinations. The Department shall authorize
8and hold examinations of applicants for licenses as licensed
9funeral directors and embalmers. The examination may include
10both practical demonstrations and written and oral tests and
11shall embrace the subjects of anatomy, sanitary science,
12health regulations in relation to the handling of deceased
13human bodies, identification rules and regulation in relation
14to the handling and storing of human bodies, measures used by
15funeral directors and embalmers for the prevention of the
16spread of diseases, the care, preservation, embalming,
17transportation, and burial of dead human bodies, and other
18subjects relating to the care and handling of deceased human
19bodies as set forth in this Article and as the Department by
20rule may prescribe.
21    Whenever the Secretary is not satisfied that substantial
22justice has been done in an examination, the Secretary may
23order a reexamination.
24    If an applicant neglects, fails without an approved excuse
25or refuses to take the next available examination offered for



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1licensure under this Code, the fee paid by the applicant shall
2be forfeited to the Department and the application denied. If
3an applicant fails to pass an examination for licensure under
4this Code within 3 years after filing an application, the
5application shall be denied. However, the applicant may
6thereafter make a new application for examination which shall
7be accompanied by the required fee.
8(Source: P.A. 96-1463, eff. 1-1-11.)
9    (225 ILCS 41/15-15)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 15-15. Complaints; investigations; hearings. The
12Department may investigate the actions of any applicant or of
13any person or persons rendering or offering to render services
14or any person holding or claiming to hold a license under this
15Code. When the Department receives a complaint against a
16licensee regarding violations of this Act, the Department
17shall inspect the premises of the licensee. When the
18Department receives a complaint against a licensee relating to
19the mishandling of human remains or the misidentification of
20human remains, the Department shall inspect the premises named
21in the complaint within 10 business days after receipt of the
23    The Department shall, before refusing to issue or renew a
24license or seeking to discipline a licensee under Section
2515-75, at least 30 days before the date set for the hearing,



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1(i) notify the accused in writing of the charges made and the
2time and place for the hearing on the charges, (ii) direct him
3or her to file a written answer to the charges under oath
4within 20 days after service, and (iii) inform the applicant
5or licensee that failure to answer shall result in a default
6being entered against the applicant or licensee.
7    At the time and place fixed in the notice, the Board or the
8hearing officer appointed by the Secretary shall proceed to
9hear the charges and the parties or their counsel shall be
10accorded ample opportunity to present any pertinent
11statements, testimony, evidence, and arguments. The Board or
12hearing officer may continue the hearing from time to time. In
13case the person, after receiving the notice, fails to file an
14answer, his or her license may, in the discretion of the
15Secretary be suspended, revoked, or placed on probationary
16status, or be subject to whatever disciplinary action the
17Secretary considers proper, including limiting the scope,
18nature, or extent of the person's practice or the imposition
19of a fine, without a hearing, if the act or acts charged
20constitute sufficient grounds for that action under this Code.
21The written notice and any notice in the subsequent proceeding
22may be served by regular mail or email to the licensee's
23address of record.
24(Source: P.A. 102-881, eff. 1-1-23.)
25    (225 ILCS 41/15-56 new)



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1    Sec. 15-56. Chain of custody record. The Department shall
2require a funeral establishment to maintain an identification
3system that ensures that a funeral establishment is able to
4identify the human remains in its possession through final
6    (225 ILCS 41/15-75)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 15-75. Grounds for discipline; penalties.
9    (a) (Blank).
10    (a-5) Violations of this Code shall be punishable as
12        (1) Intentionally or knowingly making a false
13    statement on a Certificate of Death is a Class 4 felony.
14        (2) Intentionally or knowingly making or filing false
15    records or reports in the practice of funeral directing
16    and embalming, including, but not limited to, false
17    records filed with State agencies or departments is a
18    Class 4 felony.
19        (3) Intentionally or knowingly violating the chain of
20    custody record requirements set forth in Section 15-56 is
21    a Class 4 felony.
22        (4) Intentionally or knowingly violating the
23    preparation rooms procedures and rules outlined in Section
24    15-55 is a Class 4 felony.
25        (5) Engaging in funeral directing or embalming without



SB2643 Enrolled- 8 -LRB103 35293 RPS 65331 b

1    a license is a Class A misdemeanor.
2    (b) The Department may refuse to issue or renew, revoke,
3suspend, place on probation or administrative supervision,
4reprimand, or take other disciplinary or non-disciplinary
5action as the Department may deem appropriate, including fines
6not to exceed $10,000 for each violation, with regard to any
7license under this the Code for any one or combination of the
9        (1) Fraud or any misrepresentation in applying for or
10    procuring a license under this Code or in connection with
11    applying for renewal of a license under this Code.
12        (2) For licenses, conviction by plea of guilty or nolo
13    contendere, finding of guilt, jury verdict, or entry of
14    judgment or by sentencing of any crime, including, but not
15    limited to, convictions, preceding sentences of
16    supervision, conditional discharge, or first offender
17    probation, under the laws of any jurisdiction of the
18    United States: (i) that is a felony or (ii) that is a
19    misdemeanor, an essential element of which is dishonesty,
20    or that is directly related to the practice of the
21    profession and, for initial applicants, convictions set
22    forth in Section 15-72 of this Code Act.
23        (3) (Blank). Violation of the laws of this State
24    relating to the funeral, burial or disposition of deceased
25    human bodies or of the rules and regulations of the
26    Department, or the Department of Public Health.



SB2643 Enrolled- 9 -LRB103 35293 RPS 65331 b

1        (4) Directly or indirectly paying or causing to be
2    paid any sum of money or other valuable consideration for
3    the securing of business or for obtaining authority to
4    dispose of any deceased human body.
5        (5) Professional incompetence, gross negligence,
6    malpractice, or untrustworthiness in the practice of
7    funeral directing and embalming or funeral directing.
8        (6) (Blank).
9        (7) Engaging in, promoting, selling, or issuing burial
10    contracts, burial certificates, or burial insurance
11    policies in connection with the profession as a funeral
12    director and embalmer, funeral director, or funeral
13    director and embalmer intern in violation of any laws of
14    the State of Illinois.
15        (8) Refusing, without cause, to surrender the custody
16    of a deceased human body upon the proper request of the
17    person or persons lawfully entitled to the custody of the
18    body.
19        (9) Taking undue advantage of a client or clients as
20    to amount to the perpetration of fraud.
21        (10) (Blank). Engaging in funeral directing and
22    embalming or funeral directing without a license.
23        (11) Encouraging, requesting, or suggesting by a
24    licensee or some person working on his behalf and with his
25    consent for compensation that a person utilize the
26    services of a certain funeral director and embalmer,



SB2643 Enrolled- 10 -LRB103 35293 RPS 65331 b

1    funeral director, or funeral establishment unless that
2    information has been expressly requested by the person.
3    This does not prohibit general advertising or pre-need
4    solicitation.
5        (12) Making or causing to be made any false or
6    misleading statements about the laws concerning the
7    disposition of human remains, including, but not limited
8    to, the need to embalm, the need for a casket for cremation
9    or the need for an outer burial container.
10        (13) (Blank).
11        (14) Embalming or attempting to embalm a deceased
12    human body without express prior authorization of the
13    person responsible for making the funeral arrangements for
14    the body. This does not apply to cases where embalming is
15    directed by local authorities who have jurisdiction or
16    when embalming is required by State or local law. A
17    licensee may embalm without express prior authorization if
18    a good faith effort has been made to contact family
19    members and has been unsuccessful and the licensee has no
20    reason to believe the family opposes embalming.
21        (15) (Blank). Making a false statement on a
22    Certificate of Death where the person making the statement
23    knew or should have known that the statement was false.
24        (16) Soliciting human bodies after death or while
25    death is imminent.
26        (17) Performing any act or practice that is a



SB2643 Enrolled- 11 -LRB103 35293 RPS 65331 b

1    violation of this Code, the rules for the administration
2    of this Code, or any federal, State or local laws, rules,
3    or regulations governing the practice of funeral directing
4    or embalming.
5        (18) Performing any act or practice that is a
6    violation of Section 2 of the Consumer Fraud and Deceptive
7    Business Practices Act.
8        (19) Engaging in dishonorable, unethical, or
9    unprofessional conduct of a character likely to deceive,
10    defraud or harm the public.
11        (20) Taking possession of a dead human body without
12    having first obtained express permission from the person
13    holding the right to control the disposition in accordance
14    with Section 5 of the Disposition of Remains Act or a
15    public agency legally authorized to direct, control or
16    permit the removal of deceased human bodies.
17        (21) Advertising in a false or misleading manner or
18    advertising using the name of an unlicensed person in
19    connection with any service being rendered in the practice
20    of funeral directing or funeral directing and embalming.
21    The use of any name of an unlicensed or unregistered
22    person in an advertisement so as to imply that the person
23    will perform services is considered misleading
24    advertising. Nothing in this paragraph shall prevent
25    including the name of any owner, officer or corporate
26    director of a funeral home, who is not a licensee, in any



SB2643 Enrolled- 12 -LRB103 35293 RPS 65331 b

1    advertisement used by a funeral home with which the
2    individual is affiliated, if the advertisement specifies
3    the individual's affiliation with the funeral home.
4        (22) Charging for professional services not rendered,
5    including filing false statements for the collection of
6    fees for which services are not rendered.
7        (23) Failing to account for or remit any monies,
8    documents, or personal property that belongs to others
9    that comes into a licensee's possession.
10        (24) Treating any person differently to his detriment
11    because of race, color, creed, gender, religion, or
12    national origin.
13        (25) Knowingly making any false statements, oral or
14    otherwise, of a character likely to influence, persuade or
15    induce others in the course of performing professional
16    services or activities.
17        (26) (Blank). Willfully making or filing false records
18    or reports in the practice of funeral directing and
19    embalming, including, but not limited to, false records
20    filed with State agencies or departments.
21        (27) Failing to acquire continuing education required
22    under this Code.
23        (28) (Blank).
24        (29) Aiding or assisting another person in violating
25    any provision of this Code or rules adopted pursuant to
26    this Code.



SB2643 Enrolled- 13 -LRB103 35293 RPS 65331 b

1        (30) Failing within 10 days, to provide information in
2    response to a written request made by the Department.
3        (31) Discipline by another state, District of
4    Columbia, territory, foreign nation, or governmental
5    agency, if at least one of the grounds for the discipline
6    is the same or substantially equivalent to those set forth
7    in this Section.
8        (32) (Blank).
9        (33) Mental illness or disability which results in the
10    inability to practice the profession with reasonable
11    judgment, skill, or safety.
12        (34) Gross, willful, or continued overcharging for
13    professional services, including filing false statements
14    for collection of fees for which services are not
15    rendered.
16        (35) Physical illness, including, but not limited to,
17    deterioration through the aging process or loss of motor
18    skill which results in a licensee's inability to practice
19    under this Code with reasonable judgment, skill, or
20    safety.
21        (36) Failing to comply with any of the following
22    required activities:
23            (A) When reasonably possible, a funeral director
24        licensee or funeral director and embalmer licensee or
25        anyone acting on his or her behalf shall obtain the
26        express authorization of the person or persons



SB2643 Enrolled- 14 -LRB103 35293 RPS 65331 b

1        responsible for making the funeral arrangements for a
2        deceased human body prior to removing a body from the
3        place of death or any place it may be or embalming or
4        attempting to embalm a deceased human body, unless
5        required by State or local law. This requirement is
6        waived whenever removal or embalming is directed by
7        local authorities who have jurisdiction. If the
8        responsibility for the handling of the remains
9        lawfully falls under the jurisdiction of a public
10        agency, then the regulations of the public agency
11        shall prevail.
12            (B) A licensee shall clearly mark the price of any
13        casket offered for sale or the price of any service
14        using the casket on or in the casket if the casket is
15        displayed at the funeral establishment. If the casket
16        is displayed at any other location, regardless of
17        whether the licensee is in control of that location,
18        the casket shall be clearly marked and the registrant
19        shall use books, catalogues, brochures, or other
20        printed display aids to show the price of each casket
21        or service.
22            (C) At the time funeral arrangements are made and
23        prior to rendering the funeral services, a licensee
24        shall furnish a written statement of services to be
25        retained by the person or persons making the funeral
26        arrangements, signed by both parties, that shall



SB2643 Enrolled- 15 -LRB103 35293 RPS 65331 b

1        contain: (i) the name, address and telephone number of
2        the funeral establishment and the date on which the
3        arrangements were made; (ii) the price of the service
4        selected and the services and merchandise included for
5        that price; (iii) a clear disclosure that the person
6        or persons making the arrangement may decline and
7        receive credit for any service or merchandise not
8        desired and not required by law or the funeral
9        director or the funeral director and embalmer; (iv)
10        the supplemental items of service and merchandise
11        requested and the price of each item; (v) the terms or
12        method of payment agreed upon; and (vi) a statement as
13        to any monetary advances made by the registrant on
14        behalf of the family. The licensee shall maintain a
15        copy of the written statement of services in its
16        permanent records. All written statements of services
17        are subject to inspection by the Department.
18            (D) In all instances where the place of final
19        disposition of a deceased human body or the cremated
20        remains of a deceased human body is a cemetery, the
21        licensed funeral director and embalmer, or licensed
22        funeral director, who has been engaged to provide
23        funeral or embalming services shall remain at the
24        cemetery and personally witness the placement of the
25        human remains in their designated grave or the sealing
26        of the above ground depository, crypt, or urn. The



SB2643 Enrolled- 16 -LRB103 35293 RPS 65331 b

1        licensed funeral director or licensed funeral director
2        and embalmer may designate a licensed funeral director
3        and embalmer intern or representative of the funeral
4        home to be his or her witness to the placement of the
5        remains. If the cemetery authority, cemetery manager,
6        or any other agent of the cemetery takes any action
7        that prevents compliance with this paragraph (D), then
8        the funeral director and embalmer or funeral director
9        shall provide written notice to the Department within
10        5 business days after failing to comply. If the
11        Department receives this notice, then the Department
12        shall not take any disciplinary action against the
13        funeral director and embalmer or funeral director for
14        a violation of this paragraph (D) unless the
15        Department finds that the cemetery authority, manager,
16        or any other agent of the cemetery did not prevent the
17        funeral director and embalmer or funeral director from
18        complying with this paragraph (D) as claimed in the
19        written notice.
20            (E) A funeral director or funeral director and
21        embalmer shall fully complete the portion of the
22        Certificate of Death under the responsibility of the
23        funeral director or funeral director and embalmer and
24        provide all required information. In the event that
25        any reported information subsequently changes or
26        proves incorrect, a funeral director or funeral



SB2643 Enrolled- 17 -LRB103 35293 RPS 65331 b

1        director and embalmer shall immediately upon learning
2        the correct information correct the Certificate of
3        Death.
4        (37) A finding by the Department that the licensee,
5    after having his or her license placed on probationary
6    status or subjected to conditions or restrictions,
7    violated the terms of the probation or failed to comply
8    with such terms or conditions.
9        (38) (Blank).
10        (39) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    pursuant to the Abused and Neglected Child Reporting Act
13    and, upon proof by clear and convincing evidence, being
14    found to have caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        (40) Habitual or excessive use or abuse of drugs
18    defined in law as controlled substances, alcohol, or any
19    other substance which results in the inability to practice
20    with reasonable judgment, skill, or safety.
21        (41) Practicing under a false or, except as provided
22    by law, an assumed name.
23        (42) Cheating on or attempting to subvert the
24    licensing examination administered under this Code.
25    (c) The Department may refuse to issue or renew or may
26suspend without a hearing, as provided for in the Department



SB2643 Enrolled- 18 -LRB103 35293 RPS 65331 b

1of Professional Regulation Law of the Civil Administrative
2Code of Illinois, the license of any person who fails to file a
3return, to pay the tax, penalty or interest shown in a filed
4return, or to pay any final assessment of tax, penalty or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until the time as the
7requirements of the tax Act are satisfied in accordance with
8subsection (g) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code
10of Illinois.
11    (d) No action may be taken under this Code against a person
12licensed under this Code unless the action is commenced within
135 years after the occurrence of the alleged violations. A
14continuing violation shall be deemed to have occurred on the
15date when the circumstances last existed that give rise to the
16alleged violation.
17    (e) Nothing in this Section shall be construed or enforced
18to give a funeral director and embalmer, or his or her
19designees, authority over the operation of a cemetery or over
20cemetery employees. Nothing in this Section shall be construed
21or enforced to impose duties or penalties on cemeteries with
22respect to the timing of the placement of human remains in
23their designated grave or the sealing of the above ground
24depository, crypt, or urn due to patron safety, the allocation
25of cemetery staffing, liability insurance, a collective
26bargaining agreement, or other such reasons.



SB2643 Enrolled- 19 -LRB103 35293 RPS 65331 b

1    (f) All fines imposed under this Section shall be paid 60
2days after the effective date of the order imposing the fine.
3    (g) (Blank).
4    (h) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency
8to the Department, the Department may refuse to issue or renew
9or may revoke or suspend that person's license or may take
10other disciplinary action against that person based solely
11upon the certification of delinquency made by the Department
12of Healthcare and Family Services in accordance with item (5)
13of subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code
15of Illinois.
16    (i) A person not licensed under this Code who is an owner
17of a funeral establishment or funeral business shall not aid,
18abet, assist, procure, advise, employ, or contract with any
19unlicensed person to offer funeral services or aid, abet,
20assist, or direct any licensed person contrary to or in
21violation of any rules or provisions of this Code. A person
22violating this subsection shall be treated as a licensee for
23the purposes of disciplinary action under this Section and
24shall be subject to cease and desist orders as provided in this
25Code, the imposition of a fine up to $10,000 for each violation
26and any other penalty provided by law.



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1    (j) The determination by a circuit court that a licensee
2is subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code, as amended, operates as an automatic suspension. The
5suspension may end only upon a finding by a court that the
6licensee is no longer subject to the involuntary admission or
7judicial admission and issues an order so finding and
8discharging the licensee, and upon the recommendation of the
9Board to the Secretary that the licensee be allowed to resume
10his or her practice.
11    (k) In enforcing this Code, the Department, upon a showing
12of a possible violation, may compel an individual licensed to
13practice under this Code, or who has applied for licensure
14under this Code, to submit to a mental or physical
15examination, or both, as required by and at the expense of the
16Department. The Department may order the examining physician
17to present testimony concerning the mental or physical
18examination of the licensee or applicant. No information shall
19be excluded by reason of any common law or statutory privilege
20relating to communications between the licensee or applicant
21and the examining physician. The examining physician shall be
22specifically designated by the Department. The individual to
23be examined may have, at his or her own expense, another
24physician of his or her choice present during all aspects of
25this examination. The examination shall be performed by a
26physician licensed to practice medicine in all its branches.



SB2643 Enrolled- 21 -LRB103 35293 RPS 65331 b

1Failure of an individual to submit to a mental or physical
2examination, when directed, shall result in an automatic
3suspension without hearing.
4    A person holding a license under this Code or who has
5applied for a license under this Code who, because of a
6physical or mental illness or disability, including, but not
7limited to, deterioration through the aging process or loss of
8motor skill, is unable to practice the profession with
9reasonable judgment, skill, or safety, may be required by the
10Department to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition, term, or restriction for continued, reinstated, or
13renewed licensure to practice. Submission to care, counseling,
14or treatment as required by the Department shall not be
15considered discipline of a license. If the licensee refuses to
16enter into a care, counseling, or treatment agreement or fails
17to abide by the terms of the agreement, the Department may file
18a complaint to revoke, suspend, or otherwise discipline the
19license of the individual. The Secretary may order the license
20suspended immediately, pending a hearing by the Department.
21Fines shall not be assessed in disciplinary actions involving
22physical or mental illness or impairment.
23    In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that
25person's license must be convened by the Department within 15
26days after the suspension and completed without appreciable



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1delay. The Department shall have the authority to review the
2subject individual's record of treatment and counseling
3regarding the impairment to the extent permitted by applicable
4federal statutes and regulations safeguarding the
5confidentiality of medical records.
6    An individual licensed under this Code and affected under
7this Section shall be afforded an opportunity to demonstrate
8to the Department that he or she can resume practice in
9compliance with acceptable and prevailing standards under the
10provisions of his or her license.
11(Source: P.A. 102-881, eff. 1-1-23.)
12    Section 10. The Crematory Regulation Act is amended by
13changing Sections 5 and 35 as follows:
14    (410 ILCS 18/5)
15    (Section scheduled to be repealed on January 1, 2029)
16    Sec. 5. Definitions. As used in this Act:
17    "Address of record" means the designated address recorded
18by the Comptroller in the applicant's or licensee's
19application file or license file. It is the duty of the
20applicant or licensee to inform the Comptroller of any change
21of address within 14 days, and such changes must be made either
22through the Comptroller's website or by contacting the
23Comptroller. The address of record shall be the permanent
24street address of the crematory.



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1    "Alternative container" means a receptacle, other than a
2casket, in which human remains are transported to the
3crematory and placed in the cremation chamber for cremation.
4An alternative container shall be (i) composed of readily
5combustible or consumable materials suitable for cremation,
6(ii) able to be closed in order to provide a complete covering
7for the human remains, (iii) resistant to leakage or spillage,
8(iv) rigid enough for handling with ease, and (v) able to
9provide protection for the health, safety, and personal
10integrity of crematory personnel.
11    "Authorizing agent" means a person legally entitled to
12order the cremation and final disposition of specific human
13remains. "Authorizing agent" includes an institution of
14medical, mortuary, or other sciences as provided in Section 20
15of the Disposition of Remains of the Indigent Act.
16    "Body parts" means limbs or other portions of the anatomy
17that are removed from a person or human remains for medical
18purposes during treatment, surgery, biopsy, autopsy, or
19medical research; or human bodies or any portion of bodies
20that have been donated to science for medical research
22    "Burial transit permit" means a permit for disposition of
23a dead human body as required by Illinois law.
24    "Casket" means a rigid container that is designed for the
25encasement of human remains, is usually constructed of wood,
26metal, or like material and ornamented and lined with fabric,



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1and may or may not be combustible.
2    "Chain of custody record" means a record that establishes
3the continuous control of the deceased's body, body parts, or
4human remains.
5    "Comptroller" means the Comptroller of the State of
7    "Cremated remains" means all human remains recovered after
8the completion of the cremation, which may possibly include
9the residue of any foreign matter including casket material,
10bridgework, or eyeglasses, that was cremated with the human
12    "Cremation" means the technical process, using heat and
13flame, or alkaline hydrolysis that reduces human remains to
14bone fragments. The reduction takes place through heat and
15evaporation or through hydrolysis. Cremation shall include the
16processing, and may include the pulverization, of the bone
18    "Cremation chamber" means the enclosed space within which
19the cremation takes place.
20    "Cremation interment container" means a rigid outer
21container that, subject to a cemetery's rules and regulations,
22is composed of concrete, steel, fiberglass, or some similar
23material in which an urn is placed prior to being interred in
24the ground, and which is designed to withstand prolonged
25exposure to the elements and to support the earth above the



SB2643 Enrolled- 25 -LRB103 35293 RPS 65331 b

1    "Cremation room" means the room in which the cremation
2chamber is located.
3    "Crematory" means the building or portion of a building
4that houses the cremation room and the holding facility.
5    "Crematory authority" means the legal entity which is
6licensed by the Comptroller to operate a crematory and to
7perform cremations.
8    "Final disposition" means the burial, cremation, or other
9disposition of a dead human body or parts of a dead human body.
10    "Funeral director" means a person known by the title of
11"funeral director", "funeral director and embalmer", or other
12similar words or titles, licensed by the State to practice
13funeral directing or funeral directing and embalming.
14    "Funeral establishment" means a building or separate
15portion of a building having a specific street address and
16location and devoted to activities relating to the shelter,
17care, custody, and preparation of a deceased human body and
18may contain facilities for funeral or wake services.
19    "Holding facility" means an area that (i) is designated
20for the retention of human remains prior to cremation, (ii)
21complies with all applicable public health law, (iii)
22preserves the health and safety of the crematory authority
23personnel, and (iv) is secure from access by anyone other than
24authorized persons. A holding facility may be located in a
25cremation room.
26    "Human remains" means the body of a deceased person,



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1including any form of body prosthesis that has been
2permanently attached or implanted in the body.
3    "Licensee" means an entity licensed under this Act. An
4entity that holds itself as a licensee or that is accused of
5unlicensed practice is considered a licensee for purposes of
6enforcement, investigation, hearings, and the Illinois
7Administrative Procedure Act.
8    "Niche" means a compartment or cubicle for the
9memorialization and permanent placement of an urn containing
10cremated remains.
11    "Person" means any person, partnership, association,
12corporation, limited liability company, or other entity, and
13in the case of any such business organization, its officers,
14partners, members, or shareholders possessing 25% or more of
15ownership of the entity.
16    "Processing" means the reduction of identifiable bone
17fragments after the completion of the cremation process to
18unidentifiable bone fragments by manual or mechanical means.
19    "Pulverization" means the reduction of identifiable bone
20fragments after the completion of the cremation process to
21granulated particles by manual or mechanical means.
22    "Scattering area" means an area which may be designated by
23a cemetery and located on dedicated cemetery property or
24property used for outdoor recreation or natural resource
25conservation owned by the Department of Natural Resources and
26designated as a scattering area, where cremated remains, which



SB2643 Enrolled- 27 -LRB103 35293 RPS 65331 b

1have been removed from their container, can be mixed with, or
2placed on top of, the soil or ground cover.
3    "Temporary container" means a receptacle for cremated
4remains, usually composed of cardboard, plastic or similar
5material, that can be closed in a manner that prevents the
6leakage or spillage of the cremated remains or the entrance of
7foreign material, and is a single container of sufficient size
8to hold the cremated remains until an urn is acquired or the
9cremated remains are scattered.
10    "Uniquely identified" means providing the deceased with
11individualized identification.
12    "Urn" means a receptacle designed to encase the cremated
14(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
15100-863, eff. 8-14-18.)
16    (410 ILCS 18/35)
17    (Section scheduled to be repealed on January 1, 2029)
18    Sec. 35. Cremation procedures.
19    (a) Human remains shall not be cremated within 24 hours
20after the time of death, as indicated on the Medical
21Examiner's/Coroner's Certificate of Death. In any death, the
22human remains shall not be cremated by the crematory authority
23until a cremation permit has been received from the coroner or
24medical examiner of the county in which the death occurred and
25the crematory authority has received a cremation authorization



SB2643 Enrolled- 28 -LRB103 35293 RPS 65331 b

1form, executed by an authorizing agent, in accordance with the
2provisions of Section 15 of this Act. In no instance, however,
3shall the lapse of time between the death and the cremation be
4less than 24 hours, unless (i) it is known the deceased has an
5infectious or dangerous disease and that the time requirement
6is waived in writing by the medical examiner or coroner where
7the death occurred or (ii) because of a religious requirement.
8    (b) Except as set forth in subsection (a) of this Section,
9a crematory authority shall have the right to schedule the
10actual cremation to be performed at its own convenience, at
11any time after the human remains have been delivered to the
12crematory authority, unless the crematory authority has
13received specific instructions to the contrary on the
14cremation authorization form.
15    (c) No crematory authority shall cremate human remains
16when it has actual knowledge that human remains contain a
17pacemaker or any other material or implant that may be
18potentially hazardous to the person performing the cremation.
19    (d) No crematory authority shall refuse to accept human
20remains for cremation because such human remains are not
22    (e) Whenever a crematory authority is unable or
23unauthorized to cremate human remains immediately upon taking
24custody of the remains, the crematory authority shall place
25the human remains in a holding facility in accordance with the
26crematory authority's rules and regulations. The crematory



SB2643 Enrolled- 29 -LRB103 35293 RPS 65331 b

1authority must notify the authorizing agent of the reasons for
2delay in cremation if a properly authorized cremation is not
3performed within any time period expressly contemplated in the
5    (f) A crematory authority shall not accept a casket or
6alternative container from which there is any evidence of the
7leakage of body fluids.
8    (g) The casket or the alternative container shall be
9cremated with the human remains or destroyed, unless the
10crematory authority has notified the authorizing agent to the
11contrary on the cremation authorization form and obtained the
12written consent of the authorizing agent.
13    (h) The simultaneous cremation of the human remains of
14more than one person within the same cremation chamber,
15without the prior written consent of the authorizing agent, is
16prohibited except for common cremation pursuant to Section
1711.4 of the Hospital Licensing Act. Nothing in this
18subsection, however, shall prevent the simultaneous cremation
19within the same cremation chamber of body parts delivered to
20the crematory authority from multiple sources, or the use of
21cremation equipment that contains more than one cremation
23    (i) No unauthorized person shall be permitted in the
24holding facility or cremation room while any human remains are
25being held there awaiting cremation, being cremated, or being
26removed from the cremation chamber.



SB2643 Enrolled- 30 -LRB103 35293 RPS 65331 b

1    (j) A crematory authority shall not remove any dental
2gold, body parts, organs, or any item of value prior to or
3subsequent to a cremation without previously having received
4specific written authorization from the authorizing agent and
5written instructions for the delivery of these items to the
6authorizing agent. Under no circumstances shall a crematory
7authority profit from making or assisting in any removal of
9    (k) Upon the completion of each cremation, and insofar as
10is practicable, all of the recoverable residue of the
11cremation process shall be removed from the cremation chamber.
12    (l) If all of the recovered cremated remains will not fit
13within the receptacle that has been selected, the remainder of
14the cremated remains shall be returned to the authorizing
15agent or the agent's designee in a separate container. The
16crematory authority shall not return to an authorizing agent
17or the agent's designee more or less cremated remains than
18were removed from the cremation chamber.
19    (m) A crematory authority shall not knowingly represent to
20an authorizing agent or the agent's designee that a temporary
21container or urn contains the cremated remains of a specific
22decedent when it does not.
23    (n) Cremated remains shall be shipped only by a method
24that has an internal tracing system available and that
25provides a receipt signed, in either paper or electronic
26format, by the person accepting delivery.



SB2643 Enrolled- 31 -LRB103 35293 RPS 65331 b

1    (o) A crematory authority shall maintain a chain of
2custody record, which is an identification system that ensures
3shall ensure that a crematory authority is it shall be able to
4identify the human remains in its possession throughout all
5phases of the cremation process.
6    (p) A crematory authority shall not take possession of
7unembalmed human remains that cannot be cremated within 24
8hours unless it provides or maintains either of the following
9capable of maintaining a temperature of less than 40 degrees
10Fahrenheit: an operable refrigeration unit, with cleanable,
11noncorrosive interior and exterior finishes, or a suitable
12cooling room.
13(Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.)