Full Text of HB4967 103rd General Assembly
HB4967ham001 103RD GENERAL ASSEMBLY | Rep. Wayne A Rosenthal Filed: 4/11/2024 | | 10300HB4967ham001 | | LRB103 38973 RLC 72149 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4967
| 2 | | AMENDMENT NO. ______. Amend House Bill 4967 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Funeral Directors and Embalmers Licensing | 5 | | Code is amended by changing Sections 1-10, 10-25, 15-15, and | 6 | | 15-75 and by adding Section 15-56 as follows: | 7 | | (225 ILCS 41/1-10) | 8 | | (Section scheduled to be repealed on January 1, 2028) | 9 | | Sec. 1-10.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 | 11 | | by the Department in the applicant's or licensee's application | 12 | | file or license file. | 13 | | "Applicant" means any person making application for a | 14 | | license. Any applicants or people who hold themselves out as | 15 | | applicants are considered licensees for purposes of | 16 | | enforcement, investigation, hearings, and the Illinois |
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| 1 | | Administrative Procedure Act. | 2 | | "Board" means the Funeral Directors and Embalmers | 3 | | Licensing and Disciplinary Board. | 4 | | "Certificate of Death" means a certificate of death as | 5 | | referenced in the Illinois Vital Records Act. | 6 | | "Chain of custody record" means a record that establishes | 7 | | the continuous control of a uniquely identified body, body | 8 | | parts, or human remains. | 9 | | "Department" means the Department of Financial and | 10 | | Professional Regulation. | 11 | | "Email address of record" means the designated email | 12 | | address recorded by the Department in the applicant's | 13 | | application file or the licensee's license file as maintained | 14 | | by the Department's licensure maintenance unit. | 15 | | "Funeral director and embalmer" means a person who is | 16 | | licensed and qualified to practice funeral directing and to | 17 | | prepare, disinfect and preserve dead human bodies by the | 18 | | injection or external application of antiseptics, | 19 | | disinfectants or preservative fluids and materials and to use | 20 | | derma surgery or plastic art for the restoring of mutilated | 21 | | features. It further means a person who restores the remains | 22 | | of a person for the purpose of funeralization whose organs or | 23 | | bone or tissue has been donated for anatomical purposes. | 24 | | "Funeral director and embalmer intern" means a person | 25 | | licensed by the Department who is qualified to render | 26 | | assistance to a funeral director and embalmer in carrying out |
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| 1 | | the practice of funeral directing and embalming under the | 2 | | supervision of the funeral director and embalmer. | 3 | | "Embalming" means the process of sanitizing and chemically | 4 | | treating a deceased human body in order to reduce the presence | 5 | | and growth of microorganisms, to retard organic decomposition, | 6 | | to render the remains safe to handle while retaining | 7 | | naturalness of tissue, and to restore an acceptable physical | 8 | | appearance for funeral viewing purposes. | 9 | | "Funeral director" means a person, known by the title of | 10 | | "funeral director" or other similar words or titles, licensed | 11 | | by the Department who practices funeral directing. | 12 | | "Funeral establishment", "funeral chapel", "funeral home", | 13 | | or "mortuary" means a building or separate portion of a | 14 | | building having a specific street address or location and | 15 | | devoted to activities relating to the shelter, care, custody | 16 | | and preparation of a deceased human body and which may contain | 17 | | facilities for funeral or wake services. | 18 | | "Licensee" means a person licensed under this Code as a | 19 | | funeral director, funeral director and embalmer, or funeral | 20 | | director and embalmer intern. Anyone who holds himself or | 21 | | herself out as a licensee or who is accused of unlicensed | 22 | | practice is considered a licensee for purposes of enforcement, | 23 | | investigation, hearings, and the Illinois Administrative | 24 | | Procedure Act. | 25 | | "Owner" means the individual, partnership, corporation, | 26 | | limited liability company, association, trust, estate, or |
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| 1 | | agent thereof, or other person or combination of persons who | 2 | | owns a funeral establishment or funeral business. | 3 | | "Person" means any individual, partnership, association, | 4 | | firm, corporation, limited liability company, trust or estate, | 5 | | or other entity. "Person" includes both natural persons and | 6 | | legal entities. | 7 | | "Secretary" means the Secretary of Financial and | 8 | | Professional Regulation. | 9 | | "Uniquely identified" means providing the deceased with | 10 | | individualized identification. | 11 | | (Source: P.A. 102-881, eff. 1-1-23 .) | 12 | | (225 ILCS 41/10-25) | 13 | | (Section scheduled to be repealed on January 1, 2028) | 14 | | Sec. 10-25. Examinations. The Department shall authorize | 15 | | and hold examinations of applicants for licenses as licensed | 16 | | funeral directors and embalmers. The examination may include | 17 | | both practical demonstrations and written and oral tests and | 18 | | shall embrace the subjects of anatomy, sanitary science, | 19 | | health regulations in relation to the handling of deceased | 20 | | human bodies, identification rules and regulation in relation | 21 | | to the handling and storing of human bodies, measures used by | 22 | | funeral directors and embalmers for the prevention of the | 23 | | spread of diseases, the care, preservation, embalming, | 24 | | transportation, and burial of dead human bodies, and other | 25 | | subjects relating to the care and handling of deceased human |
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| 1 | | bodies as set forth in this Article and as the Department by | 2 | | rule may prescribe. | 3 | | Whenever the Secretary is not satisfied that substantial | 4 | | justice has been done in an examination, the Secretary may | 5 | | order a reexamination. | 6 | | If an applicant neglects, fails without an approved excuse | 7 | | or refuses to take the next available examination offered for | 8 | | licensure under this Code, the fee paid by the applicant shall | 9 | | be forfeited to the Department and the application denied. If | 10 | | an applicant fails to pass an examination for licensure under | 11 | | this Code within 3 years after filing an application, the | 12 | | application shall be denied. However, the applicant may | 13 | | thereafter make a new application for examination which shall | 14 | | be accompanied by the required fee. | 15 | | (Source: P.A. 96-1463, eff. 1-1-11 .) | 16 | | (225 ILCS 41/15-15) | 17 | | (Section scheduled to be repealed on January 1, 2028) | 18 | | Sec. 15-15. Complaints; investigations; hearings. The | 19 | | Department may investigate the actions of any applicant or of | 20 | | any person or persons rendering or offering to render services | 21 | | or any person holding or claiming to hold a license under this | 22 | | Code. When the Department receives a complaint against a | 23 | | licensee regarding violations of this Act, the Department | 24 | | shall inspect the premises of the licensee. When the | 25 | | Department receives a complaint against a licensee relating to |
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| 1 | | the mishandling of human remains or the misidentification of | 2 | | human remains, the Department shall inspect the premises named | 3 | | in the complaint within 10 calendar days after receipt of the | 4 | | complaint. | 5 | | The Department shall, before refusing to issue or renew a | 6 | | license or seeking to discipline a licensee under Section | 7 | | 15-75, at least 30 days before the date set for the hearing, | 8 | | (i) notify the accused in writing of the charges made and the | 9 | | time and place for the hearing on the charges, (ii) direct him | 10 | | or her to file a written answer to the charges under oath | 11 | | within 20 days after service, and (iii) inform the applicant | 12 | | or licensee that failure to answer shall result in a default | 13 | | being entered against the applicant or licensee. | 14 | | At the time and place fixed in the notice, the Board or the | 15 | | hearing officer appointed by the Secretary shall proceed to | 16 | | hear the charges and the parties or their counsel shall be | 17 | | accorded ample opportunity to present any pertinent | 18 | | statements, testimony, evidence, and arguments. The Board or | 19 | | hearing officer may continue the hearing from time to time. In | 20 | | case the person, after receiving the notice, fails to file an | 21 | | answer, his or her license may, in the discretion of the | 22 | | Secretary be suspended, revoked, or placed on probationary | 23 | | status, or be subject to whatever disciplinary action the | 24 | | Secretary considers proper, including limiting the scope, | 25 | | nature, or extent of the person's practice or the imposition | 26 | | of a fine, without a hearing, if the act or acts charged |
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| 1 | | constitute sufficient grounds for that action under this Code. | 2 | | The written notice and any notice in the subsequent proceeding | 3 | | may be served by regular mail or email to the licensee's | 4 | | address of record. | 5 | | (Source: P.A. 102-881, eff. 1-1-23 .) | 6 | | (225 ILCS 41/15-56 new) | 7 | | Sec. 15-56. Chain of custody record. The Department shall | 8 | | require a funeral establishment to maintain an identification | 9 | | system that ensures that a funeral establishment is able to | 10 | | identify the human remains in its possession through final | 11 | | disposition. | 12 | | (225 ILCS 41/15-75) | 13 | | (Section scheduled to be repealed on January 1, 2028) | 14 | | Sec. 15-75. Grounds for discipline; penalties. | 15 | | (a) (Blank). | 16 | | (a-5) Violations of this Code shall be punishable as | 17 | | follows: | 18 | | (1) Intentionally or knowingly making a false | 19 | | statement on a Certificate of Death is a Class 4 felony. | 20 | | (2) Intentionally or knowingly making or filing false | 21 | | records or reports in the practice of funeral directing | 22 | | and embalming, including, but not limited to, false | 23 | | records filed with State agencies or departments is a | 24 | | Class 4 felony. |
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| 1 | | (3) Intentionally or knowingly violating the chain of | 2 | | custody record requirements set forth in Section 15-56 is | 3 | | a Class 4 felony. | 4 | | (4) Intentionally or knowingly violating the | 5 | | preparation rooms procedures and rules outlined in Section | 6 | | 15-55 is a Class 4 felony. | 7 | | (5) Engaging in funeral directing or embalming without | 8 | | a license is a Class 3 felony. | 9 | | (b) The Department may refuse to issue or renew, revoke, | 10 | | suspend, place on probation or administrative supervision, | 11 | | reprimand, or take other disciplinary or non-disciplinary | 12 | | action as the Department may deem appropriate, including fines | 13 | | not to exceed $10,000 for each violation, with regard to any | 14 | | license under this the Code for any one or combination of the | 15 | | following: | 16 | | (1) Fraud or any misrepresentation in applying for or | 17 | | procuring a license under this Code or in connection with | 18 | | applying for renewal of a license under this Code. | 19 | | (2) For licenses, conviction by plea of guilty or nolo | 20 | | contendere, finding of guilt, jury verdict, or entry of | 21 | | judgment or by sentencing of any crime, including, but not | 22 | | limited to, convictions, preceding sentences of | 23 | | supervision, conditional discharge, or first offender | 24 | | probation, under the laws of any jurisdiction of the | 25 | | United States: (i) that is a felony or (ii) that is a | 26 | | misdemeanor, an essential element of which is dishonesty, |
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| 1 | | or that is directly related to the practice of the | 2 | | profession and, for initial applicants, convictions set | 3 | | forth in Section 15-72 of this Code Act . | 4 | | (3) (Blank). Violation of the laws of this State | 5 | | relating to the funeral, burial or disposition of deceased | 6 | | human bodies or of the rules and regulations of the | 7 | | Department, or the Department of Public Health. | 8 | | (4) Directly or indirectly paying or causing to be | 9 | | paid any sum of money or other valuable consideration for | 10 | | the securing of business or for obtaining authority to | 11 | | dispose of any deceased human body. | 12 | | (5) Professional incompetence, gross negligence, | 13 | | malpractice, or untrustworthiness in the practice of | 14 | | funeral directing and embalming or funeral directing. | 15 | | (6) (Blank). | 16 | | (7) Engaging in, promoting, selling, or issuing burial | 17 | | contracts, burial certificates, or burial insurance | 18 | | policies in connection with the profession as a funeral | 19 | | director and embalmer, funeral director, or funeral | 20 | | director and embalmer intern in violation of any laws of | 21 | | the State of Illinois. | 22 | | (8) Refusing, without cause, to surrender the custody | 23 | | of a deceased human body upon the proper request of the | 24 | | person or persons lawfully entitled to the custody of the | 25 | | body. | 26 | | (9) Taking undue advantage of a client or clients as |
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| 1 | | to amount to the perpetration of fraud. | 2 | | (10) (Blank). Engaging in funeral directing and | 3 | | embalming or funeral directing without a license. | 4 | | (11) Encouraging, requesting, or suggesting by a | 5 | | licensee or some person working on his behalf and with his | 6 | | consent for compensation that a person utilize the | 7 | | services of a certain funeral director and embalmer, | 8 | | funeral director, or funeral establishment unless that | 9 | | information has been expressly requested by the person. | 10 | | This does not prohibit general advertising or pre-need | 11 | | solicitation. | 12 | | (12) Making or causing to be made any false or | 13 | | misleading statements about the laws concerning the | 14 | | disposition of human remains, including, but not limited | 15 | | to, the need to embalm, the need for a casket for cremation | 16 | | or the need for an outer burial container. | 17 | | (13) (Blank). | 18 | | (14) Embalming or attempting to embalm a deceased | 19 | | human body without express prior authorization of the | 20 | | person responsible for making the funeral arrangements for | 21 | | the body. This does not apply to cases where embalming is | 22 | | directed by local authorities who have jurisdiction or | 23 | | when embalming is required by State or local law. A | 24 | | licensee may embalm without express prior authorization if | 25 | | a good faith effort has been made to contact family | 26 | | members and has been unsuccessful and the licensee has no |
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| 1 | | reason to believe the family opposes embalming. | 2 | | (15) (Blank). Making a false statement on a | 3 | | Certificate of Death where the person making the statement | 4 | | knew or should have known that the statement was false. | 5 | | (16) Soliciting human bodies after death or while | 6 | | death is imminent. | 7 | | (17) Performing any act or practice that is a | 8 | | violation of this Code, the rules for the administration | 9 | | of this Code, or any federal, State or local laws, rules, | 10 | | or regulations governing the practice of funeral directing | 11 | | or embalming. | 12 | | (18) Performing any act or practice that is a | 13 | | violation of Section 2 of the Consumer Fraud and Deceptive | 14 | | Business Practices Act. | 15 | | (19) Engaging in dishonorable, unethical, or | 16 | | unprofessional conduct of a character likely to deceive, | 17 | | defraud or harm the public. | 18 | | (20) Taking possession of a dead human body without | 19 | | having first obtained express permission from the person | 20 | | holding the right to control the disposition in accordance | 21 | | with Section 5 of the Disposition of Remains Act or a | 22 | | public agency legally authorized to direct, control or | 23 | | permit the removal of deceased human bodies. | 24 | | (21) Advertising in a false or misleading manner or | 25 | | advertising using the name of an unlicensed person in | 26 | | connection with any service being rendered in the practice |
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| 1 | | of funeral directing or funeral directing and embalming. | 2 | | The use of any name of an unlicensed or unregistered | 3 | | person in an advertisement so as to imply that the person | 4 | | will perform services is considered misleading | 5 | | advertising. Nothing in this paragraph shall prevent | 6 | | including the name of any owner, officer or corporate | 7 | | director of a funeral home, who is not a licensee, in any | 8 | | advertisement used by a funeral home with which the | 9 | | individual is affiliated, if the advertisement specifies | 10 | | the individual's affiliation with the funeral home. | 11 | | (22) Charging for professional services not rendered, | 12 | | including filing false statements for the collection of | 13 | | fees for which services are not rendered. | 14 | | (23) Failing to account for or remit any monies, | 15 | | documents, or personal property that belongs to others | 16 | | that comes into a licensee's possession. | 17 | | (24) Treating any person differently to his detriment | 18 | | because of race, color, creed, gender, religion, or | 19 | | national origin. | 20 | | (25) Knowingly making any false statements, oral or | 21 | | otherwise, of a character likely to influence, persuade or | 22 | | induce others in the course of performing professional | 23 | | services or activities. | 24 | | (26) (Blank). Willfully making or filing false records | 25 | | or reports in the practice of funeral directing and | 26 | | embalming, including, but not limited to, false records |
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| 1 | | filed with State agencies or departments. | 2 | | (27) Failing to acquire continuing education required | 3 | | under this Code. | 4 | | (28) (Blank). | 5 | | (29) Aiding or assisting another person in violating | 6 | | any provision of this Code or rules adopted pursuant to | 7 | | this Code. | 8 | | (30) Failing within 10 days, to provide information in | 9 | | response to a written request made by the Department. | 10 | | (31) Discipline by another state, District of | 11 | | Columbia, territory, foreign nation, or governmental | 12 | | agency, if at least one of the grounds for the discipline | 13 | | is the same or substantially equivalent to those set forth | 14 | | in this Section. | 15 | | (32) (Blank). | 16 | | (33) Mental illness or disability which results in the | 17 | | inability to practice the profession with reasonable | 18 | | judgment, skill, or safety. | 19 | | (34) Gross, willful, or continued overcharging for | 20 | | professional services, including filing false statements | 21 | | for collection of fees for which services are not | 22 | | rendered. | 23 | | (35) Physical illness, including, but not limited to, | 24 | | deterioration through the aging process or loss of motor | 25 | | skill which results in a licensee's inability to practice | 26 | | under this Code with reasonable judgment, skill, or |
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| 1 | | safety. | 2 | | (36) Failing to comply with any of the following | 3 | | required activities: | 4 | | (A) When reasonably possible, a funeral director | 5 | | licensee or funeral director and embalmer licensee or | 6 | | anyone acting on his or her behalf shall obtain the | 7 | | express authorization of the person or persons | 8 | | responsible for making the funeral arrangements for a | 9 | | deceased human body prior to removing a body from the | 10 | | place of death or any place it may be or embalming or | 11 | | attempting to embalm a deceased human body, unless | 12 | | required by State or local law. This requirement is | 13 | | waived whenever removal or embalming is directed by | 14 | | local authorities who have jurisdiction. If the | 15 | | responsibility for the handling of the remains | 16 | | lawfully falls under the jurisdiction of a public | 17 | | agency, then the regulations of the public agency | 18 | | shall prevail. | 19 | | (B) A licensee shall clearly mark the price of any | 20 | | casket offered for sale or the price of any service | 21 | | using the casket on or in the casket if the casket is | 22 | | displayed at the funeral establishment. If the casket | 23 | | is displayed at any other location, regardless of | 24 | | whether the licensee is in control of that location, | 25 | | the casket shall be clearly marked and the registrant | 26 | | shall use books, catalogues, brochures, or other |
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| 1 | | printed display aids to show the price of each casket | 2 | | or service. | 3 | | (C) At the time funeral arrangements are made and | 4 | | prior to rendering the funeral services, a licensee | 5 | | shall furnish a written statement of services to be | 6 | | retained by the person or persons making the funeral | 7 | | arrangements, signed by both parties, that shall | 8 | | contain: (i) the name, address and telephone number of | 9 | | the funeral establishment and the date on which the | 10 | | arrangements were made; (ii) the price of the service | 11 | | selected and the services and merchandise included for | 12 | | that price; (iii) a clear disclosure that the person | 13 | | or persons making the arrangement may decline and | 14 | | receive credit for any service or merchandise not | 15 | | desired and not required by law or the funeral | 16 | | director or the funeral director and embalmer; (iv) | 17 | | the supplemental items of service and merchandise | 18 | | requested and the price of each item; (v) the terms or | 19 | | method of payment agreed upon; and (vi) a statement as | 20 | | to any monetary advances made by the registrant on | 21 | | behalf of the family. The licensee shall maintain a | 22 | | copy of the written statement of services in its | 23 | | permanent records. All written statements of services | 24 | | are subject to inspection by the Department. | 25 | | (D) In all instances where the place of final | 26 | | disposition of a deceased human body or the cremated |
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| 1 | | remains of a deceased human body is a cemetery, the | 2 | | licensed funeral director and embalmer, or licensed | 3 | | funeral director, who has been engaged to provide | 4 | | funeral or embalming services shall remain at the | 5 | | cemetery and personally witness the placement of the | 6 | | human remains in their designated grave or the sealing | 7 | | of the above ground depository, crypt, or urn. The | 8 | | licensed funeral director or licensed funeral director | 9 | | and embalmer may designate a licensed funeral director | 10 | | and embalmer intern or representative of the funeral | 11 | | home to be his or her witness to the placement of the | 12 | | remains. If the cemetery authority, cemetery manager, | 13 | | or any other agent of the cemetery takes any action | 14 | | that prevents compliance with this paragraph (D), then | 15 | | the funeral director and embalmer or funeral director | 16 | | shall provide written notice to the Department within | 17 | | 5 business days after failing to comply. If the | 18 | | Department receives this notice, then the Department | 19 | | shall not take any disciplinary action against the | 20 | | funeral director and embalmer or funeral director for | 21 | | a violation of this paragraph (D) unless the | 22 | | Department finds that the cemetery authority, manager, | 23 | | or any other agent of the cemetery did not prevent the | 24 | | funeral director and embalmer or funeral director from | 25 | | complying with this paragraph (D) as claimed in the | 26 | | written notice. |
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| 1 | | (E) A funeral director or funeral director and | 2 | | embalmer shall fully complete the portion of the | 3 | | Certificate of Death under the responsibility of the | 4 | | funeral director or funeral director and embalmer and | 5 | | provide all required information. In the event that | 6 | | any reported information subsequently changes or | 7 | | proves incorrect, a funeral director or funeral | 8 | | director and embalmer shall immediately upon learning | 9 | | the correct information correct the Certificate of | 10 | | Death. | 11 | | (37) A finding by the Department that the licensee, | 12 | | after having his or her license placed on probationary | 13 | | status or subjected to conditions or restrictions, | 14 | | violated the terms of the probation or failed to comply | 15 | | with such terms or conditions. | 16 | | (38) (Blank). | 17 | | (39) Being named as a perpetrator in an indicated | 18 | | report by the Department of Children and Family Services | 19 | | pursuant to the Abused and Neglected Child Reporting Act | 20 | | and, upon proof by clear and convincing evidence, being | 21 | | found to have caused a child to be an abused child or | 22 | | neglected child as defined in the Abused and Neglected | 23 | | Child Reporting Act. | 24 | | (40) Habitual or excessive use or abuse of drugs | 25 | | defined in law as controlled substances, alcohol, or any | 26 | | other substance which results in the inability to practice |
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| 1 | | with reasonable judgment, skill, or safety. | 2 | | (41) Practicing under a false or, except as provided | 3 | | by law, an assumed name. | 4 | | (42) Cheating on or attempting to subvert the | 5 | | licensing examination administered under this Code. | 6 | | (c) The Department may refuse to issue or renew or may | 7 | | suspend without a hearing, as provided for in the Department | 8 | | of Professional Regulation Law of the Civil Administrative | 9 | | Code of Illinois, the license of any person who fails to file a | 10 | | return, to pay the tax, penalty or interest shown in a filed | 11 | | return, or to pay any final assessment of tax, penalty or | 12 | | interest as required by any tax Act administered by the | 13 | | Illinois Department of Revenue, until the time as the | 14 | | requirements of the tax Act are satisfied in accordance with | 15 | | subsection (g) of Section 2105-15 of the Department of | 16 | | Professional Regulation Law of the Civil Administrative Code | 17 | | of Illinois. | 18 | | (d) No action may be taken under this Code against a person | 19 | | licensed under this Code unless the action is commenced within | 20 | | 5 years after the occurrence of the alleged violations. A | 21 | | continuing violation shall be deemed to have occurred on the | 22 | | date when the circumstances last existed that give rise to the | 23 | | alleged violation. | 24 | | (e) Nothing in this Section shall be construed or enforced | 25 | | to give a funeral director and embalmer, or his or her | 26 | | designees, authority over the operation of a cemetery or over |
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| 1 | | cemetery employees. Nothing in this Section shall be construed | 2 | | or enforced to impose duties or penalties on cemeteries with | 3 | | respect to the timing of the placement of human remains in | 4 | | their designated grave or the sealing of the above ground | 5 | | depository, crypt, or urn due to patron safety, the allocation | 6 | | of cemetery staffing, liability insurance, a collective | 7 | | bargaining agreement, or other such reasons. | 8 | | (f) All fines imposed under this Section shall be paid 60 | 9 | | days after the effective date of the order imposing the fine. | 10 | | (g) (Blank). | 11 | | (h) In cases where the Department of Healthcare and Family | 12 | | Services has previously determined a licensee or a potential | 13 | | licensee is more than 30 days delinquent in the payment of | 14 | | child support and has subsequently certified the delinquency | 15 | | to the Department, the Department may refuse to issue or renew | 16 | | or may revoke or suspend that person's license or may take | 17 | | other disciplinary action against that person based solely | 18 | | upon the certification of delinquency made by the Department | 19 | | of Healthcare and Family Services in accordance with item (5) | 20 | | of subsection (a) of Section 2105-15 of the Department of | 21 | | Professional Regulation Law of the Civil Administrative Code | 22 | | of Illinois. | 23 | | (i) A person not licensed under this Code who is an owner | 24 | | of a funeral establishment or funeral business shall not aid, | 25 | | abet, assist, procure, advise, employ, or contract with any | 26 | | unlicensed person to offer funeral services or aid, abet, |
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| 1 | | assist, or direct any licensed person contrary to or in | 2 | | violation of any rules or provisions of this Code. A person | 3 | | violating this subsection shall be treated as a licensee for | 4 | | the purposes of disciplinary action under this Section and | 5 | | shall be subject to cease and desist orders as provided in this | 6 | | Code, the imposition of a fine up to $10,000 for each violation | 7 | | and any other penalty provided by law. | 8 | | (j) The determination by a circuit court that a licensee | 9 | | is subject to involuntary admission or judicial admission as | 10 | | provided in the Mental Health and Developmental Disabilities | 11 | | Code, as amended, operates as an automatic suspension. The | 12 | | suspension may end only upon a finding by a court that the | 13 | | licensee is no longer subject to the involuntary admission or | 14 | | judicial admission and issues an order so finding and | 15 | | discharging the licensee, and upon the recommendation of the | 16 | | Board to the Secretary that the licensee be allowed to resume | 17 | | his or her practice. | 18 | | (k) In enforcing this Code, the Department, upon a showing | 19 | | of a possible violation, may compel an individual licensed to | 20 | | practice under this Code, or who has applied for licensure | 21 | | under this Code, to submit to a mental or physical | 22 | | examination, or both, as required by and at the expense of the | 23 | | Department. The Department may order the examining physician | 24 | | to present testimony concerning the mental or physical | 25 | | examination of the licensee or applicant. No information shall | 26 | | be excluded by reason of any common law or statutory privilege |
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| 1 | | relating to communications between the licensee or applicant | 2 | | and the examining physician. The examining physician shall be | 3 | | specifically designated by the Department. The individual to | 4 | | be examined may have, at his or her own expense, another | 5 | | physician of his or her choice present during all aspects of | 6 | | this examination. The examination shall be performed by a | 7 | | physician licensed to practice medicine in all its branches. | 8 | | Failure of an individual to submit to a mental or physical | 9 | | examination, when directed, shall result in an automatic | 10 | | suspension without hearing. | 11 | | A person holding a license under this Code or who has | 12 | | applied for a license under this Code who, because of a | 13 | | physical or mental illness or disability, including, but not | 14 | | limited to, deterioration through the aging process or loss of | 15 | | motor skill, is unable to practice the profession with | 16 | | reasonable judgment, skill, or safety, may be required by the | 17 | | Department to submit to care, counseling, or treatment by | 18 | | physicians approved or designated by the Department as a | 19 | | condition, term, or restriction for continued, reinstated, or | 20 | | renewed licensure to practice. Submission to care, counseling, | 21 | | or treatment as required by the Department shall not be | 22 | | considered discipline of a license. If the licensee refuses to | 23 | | enter into a care, counseling, or treatment agreement or fails | 24 | | to abide by the terms of the agreement, the Department may file | 25 | | a complaint to revoke, suspend, or otherwise discipline the | 26 | | license of the individual. The Secretary may order the license |
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| 1 | | suspended immediately, pending a hearing by the Department. | 2 | | Fines shall not be assessed in disciplinary actions involving | 3 | | physical or mental illness or impairment. | 4 | | In instances in which the Secretary immediately suspends a | 5 | | person's license under this Section, a hearing on that | 6 | | person's license must be convened by the Department within 15 | 7 | | days after the suspension and completed without appreciable | 8 | | delay. The Department shall have the authority to review the | 9 | | subject individual's record of treatment and counseling | 10 | | regarding the impairment to the extent permitted by applicable | 11 | | federal statutes and regulations safeguarding the | 12 | | confidentiality of medical records. | 13 | | An individual licensed under this Code and affected under | 14 | | this Section shall be afforded an opportunity to demonstrate | 15 | | to the Department that he or she can resume practice in | 16 | | compliance with acceptable and prevailing standards under the | 17 | | provisions of his or her license. | 18 | | (Source: P.A. 102-881, eff. 1-1-23 .) | 19 | | Section 10. The Crematory Regulation Act is amended by | 20 | | changing Sections 5 and 35 as follows: | 21 | | (410 ILCS 18/5) | 22 | | (Section scheduled to be repealed on January 1, 2029) | 23 | | Sec. 5. Definitions. As used in this Act: | 24 | | "Address of record" means the designated address recorded |
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| 1 | | by the Comptroller in the applicant's or licensee's | 2 | | application file or license file. It is the duty of the | 3 | | applicant or licensee to inform the Comptroller of any change | 4 | | of address within 14 days, and such changes must be made either | 5 | | through the Comptroller's website or by contacting the | 6 | | Comptroller. The address of record shall be the permanent | 7 | | street address of the crematory. | 8 | | "Alternative container" means a receptacle, other than a | 9 | | casket, in which human remains are transported to the | 10 | | crematory and placed in the cremation chamber for cremation. | 11 | | An alternative container shall be (i) composed of readily | 12 | | combustible or consumable materials suitable for cremation, | 13 | | (ii) able to be closed in order to provide a complete covering | 14 | | for the human remains, (iii) resistant to leakage or spillage, | 15 | | (iv) rigid enough for handling with ease, and (v) able to | 16 | | provide protection for the health, safety, and personal | 17 | | integrity of crematory personnel. | 18 | | "Authorizing agent" means a person legally entitled to | 19 | | order the cremation and final disposition of specific human | 20 | | remains. "Authorizing agent" includes an institution of | 21 | | medical, mortuary, or other sciences as provided in Section 20 | 22 | | of the Disposition of Remains of the Indigent Act. | 23 | | "Body parts" means limbs or other portions of the anatomy | 24 | | that are removed from a person or human remains for medical | 25 | | purposes during treatment, surgery, biopsy, autopsy, or | 26 | | medical research; or human bodies or any portion of bodies |
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| 1 | | that have been donated to science for medical research | 2 | | purposes. | 3 | | "Burial transit permit" means a permit for disposition of | 4 | | a dead human body as required by Illinois law. | 5 | | "Casket" means a rigid container that is designed for the | 6 | | encasement of human remains, is usually constructed of wood, | 7 | | metal, or like material and ornamented and lined with fabric, | 8 | | and may or may not be combustible. | 9 | | "Chain of custody record" means a record that establishes | 10 | | the continuous control of the deceased's body, body parts, or | 11 | | human remains. | 12 | | "Comptroller" means the Comptroller of the State of | 13 | | Illinois. | 14 | | "Cremated remains" means all human remains recovered after | 15 | | the completion of the cremation, which may possibly include | 16 | | the residue of any foreign matter including casket material, | 17 | | bridgework, or eyeglasses, that was cremated with the human | 18 | | remains. | 19 | | "Cremation" means the technical process, using heat and | 20 | | flame, or alkaline hydrolysis that reduces human remains to | 21 | | bone fragments. The reduction takes place through heat and | 22 | | evaporation or through hydrolysis. Cremation shall include the | 23 | | processing, and may include the pulverization, of the bone | 24 | | fragments. | 25 | | "Cremation chamber" means the enclosed space within which | 26 | | the cremation takes place. |
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| 1 | | "Cremation interment container" means a rigid outer | 2 | | container that, subject to a cemetery's rules and regulations, | 3 | | is composed of concrete, steel, fiberglass, or some similar | 4 | | material in which an urn is placed prior to being interred in | 5 | | the ground, and which is designed to withstand prolonged | 6 | | exposure to the elements and to support the earth above the | 7 | | urn. | 8 | | "Cremation room" means the room in which the cremation | 9 | | chamber is located. | 10 | | "Crematory" means the building or portion of a building | 11 | | that houses the cremation room and the holding facility. | 12 | | "Crematory authority" means the legal entity which is | 13 | | licensed by the Comptroller to operate a crematory and to | 14 | | perform cremations. | 15 | | "Final disposition" means the burial, cremation, or other | 16 | | disposition of a dead human body or parts of a dead human body. | 17 | | "Funeral director" means a person known by the title of | 18 | | "funeral director", "funeral director and embalmer", or other | 19 | | similar words or titles, licensed by the State to practice | 20 | | funeral directing or funeral directing and embalming. | 21 | | "Funeral establishment" means a building or separate | 22 | | portion of a building having a specific street address and | 23 | | location and devoted to activities relating to the shelter, | 24 | | care, custody, and preparation of a deceased human body and | 25 | | may contain facilities for funeral or wake services. | 26 | | "Holding facility" means an area that (i) is designated |
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| 1 | | for the retention of human remains prior to cremation, (ii) | 2 | | complies with all applicable public health law, (iii) | 3 | | preserves the health and safety of the crematory authority | 4 | | personnel, and (iv) is secure from access by anyone other than | 5 | | authorized persons. A holding facility may be located in a | 6 | | cremation room. | 7 | | "Human remains" means the body of a deceased person, | 8 | | including any form of body prosthesis that has been | 9 | | permanently attached or implanted in the body. | 10 | | "Licensee" means an entity licensed under this Act. An | 11 | | entity that holds itself as a licensee or that is accused of | 12 | | unlicensed practice is considered a licensee for purposes of | 13 | | enforcement, investigation, hearings, and the Illinois | 14 | | Administrative Procedure Act. | 15 | | "Niche" means a compartment or cubicle for the | 16 | | memorialization and permanent placement of an urn containing | 17 | | cremated remains. | 18 | | "Person" means any person, partnership, association, | 19 | | corporation, limited liability company, or other entity, and | 20 | | in the case of any such business organization, its officers, | 21 | | partners, members, or shareholders possessing 25% or more of | 22 | | ownership of the entity. | 23 | | "Processing" means the reduction of identifiable bone | 24 | | fragments after the completion of the cremation process to | 25 | | unidentifiable bone fragments by manual or mechanical means. | 26 | | "Pulverization" means the reduction of identifiable bone |
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| 1 | | fragments after the completion of the cremation process to | 2 | | granulated particles by manual or mechanical means. | 3 | | "Scattering area" means an area which may be designated by | 4 | | a cemetery and located on dedicated cemetery property or | 5 | | property used for outdoor recreation or natural resource | 6 | | conservation owned by the Department of Natural Resources and | 7 | | designated as a scattering area, where cremated remains, which | 8 | | have been removed from their container, can be mixed with, or | 9 | | placed on top of, the soil or ground cover. | 10 | | "Temporary container" means a receptacle for cremated | 11 | | remains, usually composed of cardboard, plastic or similar | 12 | | material, that can be closed in a manner that prevents the | 13 | | leakage or spillage of the cremated remains or the entrance of | 14 | | foreign material, and is a single container of sufficient size | 15 | | to hold the cremated remains until an urn is acquired or the | 16 | | cremated remains are scattered. | 17 | | "Uniquely identified" means providing the deceased with | 18 | | individualized identification. | 19 | | "Urn" means a receptacle designed to encase the cremated | 20 | | remains. | 21 | | (Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; | 22 | | 100-863, eff. 8-14-18 .) | 23 | | (410 ILCS 18/35) | 24 | | (Section scheduled to be repealed on January 1, 2029) | 25 | | Sec. 35. Cremation procedures. |
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| 1 | | (a) Human remains shall not be cremated within 24 hours | 2 | | after the time of death, as indicated on the Medical | 3 | | Examiner's/Coroner's Certificate of Death. In any death, the | 4 | | human remains shall not be cremated by the crematory authority | 5 | | until a cremation permit has been received from the coroner or | 6 | | medical examiner of the county in which the death occurred and | 7 | | the crematory authority has received a cremation authorization | 8 | | form, executed by an authorizing agent, in accordance with the | 9 | | provisions of Section 15 of this Act. In no instance, however, | 10 | | shall the lapse of time between the death and the cremation be | 11 | | less than 24 hours, unless (i) it is known the deceased has an | 12 | | infectious or dangerous disease and that the time requirement | 13 | | is waived in writing by the medical examiner or coroner where | 14 | | the death occurred or (ii) because of a religious requirement. | 15 | | (b) Except as set forth in subsection (a) of this Section, | 16 | | a crematory authority shall have the right to schedule the | 17 | | actual cremation to be performed at its own convenience, at | 18 | | any time after the human remains have been delivered to the | 19 | | crematory authority, unless the crematory authority has | 20 | | received specific instructions to the contrary on the | 21 | | cremation authorization form. | 22 | | (c) No crematory authority shall cremate human remains | 23 | | when it has actual knowledge that human remains contain a | 24 | | pacemaker or any other material or implant that may be | 25 | | potentially hazardous to the person performing the cremation. | 26 | | (d) No crematory authority shall refuse to accept human |
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| 1 | | remains for cremation because such human remains are not | 2 | | embalmed. | 3 | | (e) Whenever a crematory authority is unable or | 4 | | unauthorized to cremate human remains immediately upon taking | 5 | | custody of the remains, the crematory authority shall place | 6 | | the human remains in a holding facility in accordance with the | 7 | | crematory authority's rules and regulations. The crematory | 8 | | authority must notify the authorizing agent of the reasons for | 9 | | delay in cremation if a properly authorized cremation is not | 10 | | performed within any time period expressly contemplated in the | 11 | | authorization. | 12 | | (f) A crematory authority shall not accept a casket or | 13 | | alternative container from which there is any evidence of the | 14 | | leakage of body fluids. | 15 | | (g) The casket or the alternative container shall be | 16 | | cremated with the human remains or destroyed, unless the | 17 | | crematory authority has notified the authorizing agent to the | 18 | | contrary on the cremation authorization form and obtained the | 19 | | written consent of the authorizing agent. | 20 | | (h) The simultaneous cremation of the human remains of | 21 | | more than one person within the same cremation chamber, | 22 | | without the prior written consent of the authorizing agent, is | 23 | | prohibited except for common cremation pursuant to Section | 24 | | 11.4 of the Hospital Licensing Act. Nothing in this | 25 | | subsection, however, shall prevent the simultaneous cremation | 26 | | within the same cremation chamber of body parts delivered to |
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| 1 | | the crematory authority from multiple sources, or the use of | 2 | | cremation equipment that contains more than one cremation | 3 | | chamber. | 4 | | (i) No unauthorized person shall be permitted in the | 5 | | holding facility or cremation room while any human remains are | 6 | | being held there awaiting cremation, being cremated, or being | 7 | | removed from the cremation chamber. | 8 | | (j) A crematory authority shall not remove any dental | 9 | | gold, body parts, organs, or any item of value prior to or | 10 | | subsequent to a cremation without previously having received | 11 | | specific written authorization from the authorizing agent and | 12 | | written instructions for the delivery of these items to the | 13 | | authorizing agent. Under no circumstances shall a crematory | 14 | | authority profit from making or assisting in any removal of | 15 | | valuables. | 16 | | (k) Upon the completion of each cremation, and insofar as | 17 | | is practicable, all of the recoverable residue of the | 18 | | cremation process shall be removed from the cremation chamber. | 19 | | (l) If all of the recovered cremated remains will not fit | 20 | | within the receptacle that has been selected, the remainder of | 21 | | the cremated remains shall be returned to the authorizing | 22 | | agent or the agent's designee in a separate container. The | 23 | | crematory authority shall not return to an authorizing agent | 24 | | or the agent's designee more or less cremated remains than | 25 | | were removed from the cremation chamber. | 26 | | (m) A crematory authority shall not knowingly represent to |
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| 1 | | an authorizing agent or the agent's designee that a temporary | 2 | | container or urn contains the cremated remains of a specific | 3 | | decedent when it does not. | 4 | | (n) Cremated remains shall be shipped only by a method | 5 | | that has an internal tracing system available and that | 6 | | provides a receipt signed, in either paper or electronic | 7 | | format, by the person accepting delivery. | 8 | | (o) A crematory authority shall maintain a chain of | 9 | | custody record, which is an identification system that ensures | 10 | | shall ensure that a crematory authority is it shall be able to | 11 | | identify the human remains in its possession throughout all | 12 | | phases of the cremation process. | 13 | | (p) A crematory authority shall not take possession of | 14 | | unembalmed human remains that cannot be cremated within 24 | 15 | | hours unless it provides or maintains either of the following | 16 | | capable of maintaining a temperature of less than 40 degrees | 17 | | Fahrenheit: an operable refrigeration unit, with cleanable, | 18 | | noncorrosive interior and exterior finishes, or a suitable | 19 | | cooling room. | 20 | | (Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.)". |
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