Full Text of HB4957 94th General Assembly
HB4957 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4957
Introduced 1/19/2006, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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225 ILCS 41/1-15 |
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225 ILCS 41/1-20 |
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Amends the Funeral Directors and Embalmers Licensing Code. Provides that a licensed funeral director or a licensed funeral director and embalmer may not remove a deceased human body from its place of
death, institution, or other location without another person present (now, a licensed funeral director and embalmer intern may remove a deceased body from its place of death, institution, or other location without another licensee being present). Effective immediately.
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A BILL FOR
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HB4957 |
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LRB094 18639 RAS 53991 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Funeral Directors and Embalmers Licensing | 5 |
| Code is amended by changing Sections 1-15 and 1-20 as follows:
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| (225 ILCS 41/1-15)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 1-15. Funeral directing; definition. Conducting
or | 9 |
| engaging in or representing or holding out oneself as
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| conducting or engaged in any one or any combination of the | 11 |
| following
practices constitutes the practice of funeral | 12 |
| directing:
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| (a) The practice of preparing, otherwise than by | 14 |
| embalming, for the
burial, cremation, or disposal and | 15 |
| directing and supervising the burial or
disposal of | 16 |
| deceased human remains or performing any act or service in
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| connection with the preparing of dead human bodies. | 18 |
| Preparation,
direction, and supervision shall not be | 19 |
| construed to mean those functions
normally performed by | 20 |
| cemetery and crematory personnel.
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| (b) The practice of operating a place for preparing for | 22 |
| the disposition
of deceased human bodies or for caring for | 23 |
| deceased human
bodies before their disposition. Nothing in | 24 |
| this Code shall prohibit
the ownership and management of | 25 |
| such a place by an unlicensed owner
if the place is | 26 |
| operated in accordance with this Code and the unlicensed | 27 |
| owner
does not engage in any form of funeral directing.
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| (c) The removal of a deceased human body from its place | 29 |
| of death,
institution or other location. A licensed funeral | 30 |
| director may not remove a deceased human body from its | 31 |
| place of death, institution, or other location without | 32 |
| another person present. The licensed funeral director may |
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HB4957 |
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LRB094 18639 RAS 53991 b |
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| engage
others who are not licensed funeral directors to | 2 |
| assist in the removal if the
funeral director directs and | 3 |
| instructs them in handling and precautionary
procedures | 4 |
| and accompanies them on all calls. The transportation of | 5 |
| deceased
human remains to a cemetery, crematory or other | 6 |
| place of final disposition
shall be under the immediate | 7 |
| direct supervision of a licensee unless otherwise
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| permitted by this Section. The transportation of deceased | 9 |
| human remains that
are embalmed or otherwise prepared and | 10 |
| enclosed in an appropriate container to
some other place | 11 |
| that is not the place of final disposition, such as another
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| funeral home or common carrier, or to a facility that | 13 |
| shares common
ownership with the transporting funeral home | 14 |
| may be performed under the
general supervision of a | 15 |
| licensee, but the supervision need not be immediate
or | 16 |
| direct.
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| (d) The administering and conducting of, or assuming | 18 |
| responsibility for
administering and conducting of, at | 19 |
| need funeral arrangements.
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| (e) The assuming custody of, transportation, providing | 21 |
| shelter,
protection and care and disposition of deceased | 22 |
| human remains and the
furnishing of necessary funeral | 23 |
| services, facilities and equipment.
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| (f) Using in connection with a name or practice the | 25 |
| word "funeral
director," "undertaker," "mortician," | 26 |
| "funeral home," "funeral parlor,"
"funeral chapel," or any | 27 |
| other title implying that the person is engaged in the
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| practice of funeral directing.
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| The practice of funeral directing shall not include the
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| phoning in of obituary notices, ordering of flowers for the | 31 |
| funeral,
or reporting of prices on the firm's general price | 32 |
| list as required
by the Federal Trade Commission Funeral Rule | 33 |
| by nonlicensed
persons, or like
clerical tasks incidental to | 34 |
| the act of making funeral arrangements.
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| The making of funeral arrangements, at need, shall be done | 36 |
| only by
licensed funeral directors or licensed funeral |
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HB4957 |
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LRB094 18639 RAS 53991 b |
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| directors and embalmers.
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| (Source: P.A. 93-268, eff. 1-1-04.)
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| (225 ILCS 41/1-20)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 1-20. Funeral directing and embalming; definition. | 6 |
| "The practice of
funeral directing and embalming" means:
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| (a) The practice of preparing, otherwise than by | 8 |
| embalming, for the
burial, cremation, or disposal and | 9 |
| directing and supervising the burial or
disposal of | 10 |
| deceased human remains or performing any act or service in
| 11 |
| connection with the preparing of dead human bodies. | 12 |
| Preparation,
direction, and supervision shall not be | 13 |
| construed to mean those functions
normally performed by | 14 |
| cemetery and crematory personnel.
| 15 |
| (b) The practice of operating a place for preparing for | 16 |
| the disposition
of deceased human bodies or for caring for | 17 |
| deceased human
bodies before their disposition. Nothing in | 18 |
| this Code shall prohibit
the ownership and management of | 19 |
| such a place by an unlicensed owner if the
place is | 20 |
| operated in accordance with this Code and the unlicensed | 21 |
| owner does
not engage in any form of funeral directing and | 22 |
| embalming.
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| (c) The removal of a deceased human body from its place | 24 |
| of death,
institution or other location. A licensed funeral | 25 |
| director and embalmer
intern may not remove a deceased | 26 |
| human body from its place of
death, institution, or other | 27 |
| location without another person
another licensee being
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| present.
The licensed funeral director and embalmer may | 29 |
| engage others who are not
licensed funeral directors and | 30 |
| embalmers or funeral director and embalmer
interns to | 31 |
| assist in the removal if
the funeral director and embalmer | 32 |
| directs and instructs them in handling and
precautionary | 33 |
| procedures and accompanies them on all calls. The | 34 |
| transportation
of deceased human remains to a cemetery, | 35 |
| crematory or other place of final
disposition shall be |
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HB4957 |
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LRB094 18639 RAS 53991 b |
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| under the immediate, direct supervision of a licensee
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| unless otherwise permitted by this Section. The | 3 |
| transportation of deceased
human remains that are embalmed | 4 |
| or otherwise prepared and enclosed in an
appropriate | 5 |
| container to some other place that is not the place of | 6 |
| final
disposition, such as another funeral home or common | 7 |
| carrier, or to a facility
that shares common ownership with | 8 |
| the transporting funeral home may be
performed under the | 9 |
| general supervision of a licensee, but the supervision need
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| not be immediate or direct.
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| (d) The administering and conducting of, or assuming | 12 |
| responsibility for
administering and conducting of, at | 13 |
| need funeral arrangements.
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| (e) The assuming custody of, transportation, providing | 15 |
| shelter,
protection and care and disposition of deceased | 16 |
| human remains and the
furnishing of necessary funeral | 17 |
| services, facilities and equipment.
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| (f) Using in connection with a name or practice the | 19 |
| word "funeral
director and embalmer", "embalmer", "funeral | 20 |
| director", "undertaker",
"mortician", "funeral home", | 21 |
| "funeral parlor", "funeral chapel", or any
other title | 22 |
| implying that the person is engaged in the practice
of | 23 |
| funeral directing and embalming.
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| (g) The embalming or representing or holding out | 25 |
| oneself as engaged in
the practice of embalming of deceased | 26 |
| human bodies or the transportation of
human bodies deceased | 27 |
| of a contagious or infectious disease.
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| The practice of funeral directing and embalming shall not
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| include the phoning in of obituary notices, ordering of flowers | 30 |
| for the
funeral, or reporting of prices on the firm's general | 31 |
| price list as
required by the Federal Trade Commission Funeral | 32 |
| Rule by
nonlicensed persons,
or like clerical tasks incidental | 33 |
| to the act of making funeral arrangements.
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| The making of funeral arrangements, at need, shall be done | 35 |
| only by
licensed funeral directors or licensed funeral | 36 |
| directors and embalmers.
Licensed funeral director and |
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HB4957 |
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LRB094 18639 RAS 53991 b |
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| embalmer interns may, however,
assist or
participate in the | 2 |
| arrangements.
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| (Source: P.A. 93-268, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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