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


Sen. Doris Turner

Filed: 3/8/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2643 by replacing
3everything after the enacting clause with the following:
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8    (Section scheduled to be repealed on January 1, 2028)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



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1Administrative Procedure Act.
2    "Board" means the Funeral Directors and Embalmers
3Licensing and Disciplinary Board.
4    "Certificate of Death" means a certificate of death as
5referenced in the Illinois Vital Records Act.
6    "Chain of custody record" means a record that establishes
7the continuous control of a uniquely identified body, body
8parts, or human remains.
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file as maintained
14by the Department's licensure maintenance unit.
15    "Funeral director and embalmer" means a person who is
16licensed and qualified to practice funeral directing and to
17prepare, disinfect and preserve dead human bodies by the
18injection or external application of antiseptics,
19disinfectants or preservative fluids and materials and to use
20derma surgery or plastic art for the restoring of mutilated
21features. It further means a person who restores the remains
22of a person for the purpose of funeralization whose organs or
23bone or tissue has been donated for anatomical purposes.
24    "Funeral director and embalmer intern" means a person
25licensed by the Department who is qualified to render
26assistance to a funeral director and embalmer in carrying out



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1the practice of funeral directing and embalming under the
2supervision of the funeral director and embalmer.
3    "Embalming" means the process of sanitizing and chemically
4treating a deceased human body in order to reduce the presence
5and growth of microorganisms, to retard organic decomposition,
6to render the remains safe to handle while retaining
7naturalness of tissue, and to restore an acceptable physical
8appearance 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
11by the Department who practices funeral directing.
12    "Funeral establishment", "funeral chapel", "funeral home",
13or "mortuary" means a building or separate portion of a
14building having a specific street address or location and
15devoted to activities relating to the shelter, care, custody
16and preparation of a deceased human body and which may contain
17facilities for funeral or wake services.
18    "Licensee" means a person licensed under this Code as a
19funeral director, funeral director and embalmer, or funeral
20director and embalmer intern. Anyone who holds himself or
21herself out as a licensee or who is accused of unlicensed
22practice is considered a licensee for purposes of enforcement,
23investigation, hearings, and the Illinois Administrative
24Procedure Act.
25    "Owner" means the individual, partnership, corporation,
26limited liability company, association, trust, estate, or



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1agent thereof, or other person or combination of persons who
2owns a funeral establishment or funeral business.
3    "Person" means any individual, partnership, association,
4firm, corporation, limited liability company, trust or estate,
5or other entity. "Person" includes both natural persons and
6legal entities.
7    "Secretary" means the Secretary of Financial and
8Professional Regulation.
9    "Uniquely identified" means providing the deceased with
10individualized 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
15and hold examinations of applicants for licenses as licensed
16funeral directors and embalmers. The examination may include
17both practical demonstrations and written and oral tests and
18shall embrace the subjects of anatomy, sanitary science,
19health regulations in relation to the handling of deceased
20human bodies, identification rules and regulation in relation
21to the handling and storing of human bodies, measures used by
22funeral directors and embalmers for the prevention of the
23spread of diseases, the care, preservation, embalming,
24transportation, and burial of dead human bodies, and other
25subjects relating to the care and handling of deceased human



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1bodies as set forth in this Article and as the Department by
2rule may prescribe.
3    Whenever the Secretary is not satisfied that substantial
4justice has been done in an examination, the Secretary may
5order a reexamination.
6    If an applicant neglects, fails without an approved excuse
7or refuses to take the next available examination offered for
8licensure under this Code, the fee paid by the applicant shall
9be forfeited to the Department and the application denied. If
10an applicant fails to pass an examination for licensure under
11this Code within 3 years after filing an application, the
12application shall be denied. However, the applicant may
13thereafter make a new application for examination which shall
14be 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
19Department may investigate the actions of any applicant or of
20any person or persons rendering or offering to render services
21or any person holding or claiming to hold a license under this
22Code. When the Department receives a complaint against a
23licensee regarding violations of this Act, the Department
24shall inspect the premises of the licensee. When the
25Department receives a complaint against a licensee relating to



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1the mishandling of human remains or the misidentification of
2human remains, the Department shall inspect the premises named
3in the complaint within 10 calendar days after receipt of the
5    The Department shall, before refusing to issue or renew a
6license or seeking to discipline a licensee under Section
715-75, at least 30 days before the date set for the hearing,
8(i) notify the accused in writing of the charges made and the
9time and place for the hearing on the charges, (ii) direct him
10or her to file a written answer to the charges under oath
11within 20 days after service, and (iii) inform the applicant
12or licensee that failure to answer shall result in a default
13being entered against the applicant or licensee.
14    At the time and place fixed in the notice, the Board or the
15hearing officer appointed by the Secretary shall proceed to
16hear the charges and the parties or their counsel shall be
17accorded ample opportunity to present any pertinent
18statements, testimony, evidence, and arguments. The Board or
19hearing officer may continue the hearing from time to time. In
20case the person, after receiving the notice, fails to file an
21answer, his or her license may, in the discretion of the
22Secretary be suspended, revoked, or placed on probationary
23status, or be subject to whatever disciplinary action the
24Secretary considers proper, including limiting the scope,
25nature, or extent of the person's practice or the imposition
26of a fine, without a hearing, if the act or acts charged



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1constitute sufficient grounds for that action under this Code.
2The written notice and any notice in the subsequent proceeding
3may be served by regular mail or email to the licensee's
4address 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
8require a funeral establishment to maintain an identification
9system that ensures that a funeral establishment is able to
10identify the human remains in its possession through final
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
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,
10suspend, place on probation or administrative supervision,
11reprimand, or take other disciplinary or non-disciplinary
12action as the Department may deem appropriate, including fines
13not to exceed $10,000 for each violation, with regard to any
14license under this the Code for any one or combination of the
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
7suspend without a hearing, as provided for in the Department
8of Professional Regulation Law of the Civil Administrative
9Code of Illinois, the license of any person who fails to file a
10return, to pay the tax, penalty or interest shown in a filed
11return, or to pay any final assessment of tax, penalty or
12interest as required by any tax Act administered by the
13Illinois Department of Revenue, until the time as the
14requirements of the tax Act are satisfied in accordance with
15subsection (g) of Section 2105-15 of the Department of
16Professional Regulation Law of the Civil Administrative Code
17of Illinois.
18    (d) No action may be taken under this Code against a person
19licensed under this Code unless the action is commenced within
205 years after the occurrence of the alleged violations. A
21continuing violation shall be deemed to have occurred on the
22date when the circumstances last existed that give rise to the
23alleged violation.
24    (e) Nothing in this Section shall be construed or enforced
25to give a funeral director and embalmer, or his or her
26designees, authority over the operation of a cemetery or over



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1cemetery employees. Nothing in this Section shall be construed
2or enforced to impose duties or penalties on cemeteries with
3respect to the timing of the placement of human remains in
4their designated grave or the sealing of the above ground
5depository, crypt, or urn due to patron safety, the allocation
6of cemetery staffing, liability insurance, a collective
7bargaining agreement, or other such reasons.
8    (f) All fines imposed under this Section shall be paid 60
9days after the effective date of the order imposing the fine.
10    (g) (Blank).
11    (h) In cases where the Department of Healthcare and Family
12Services has previously determined a licensee or a potential
13licensee is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency
15to the Department, the Department may refuse to issue or renew
16or may revoke or suspend that person's license or may take
17other disciplinary action against that person based solely
18upon the certification of delinquency made by the Department
19of Healthcare and Family Services in accordance with item (5)
20of subsection (a) of Section 2105-15 of the Department of
21Professional Regulation Law of the Civil Administrative Code
22of Illinois.
23    (i) A person not licensed under this Code who is an owner
24of a funeral establishment or funeral business shall not aid,
25abet, assist, procure, advise, employ, or contract with any
26unlicensed person to offer funeral services or aid, abet,



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1assist, or direct any licensed person contrary to or in
2violation of any rules or provisions of this Code. A person
3violating this subsection shall be treated as a licensee for
4the purposes of disciplinary action under this Section and
5shall be subject to cease and desist orders as provided in this
6Code, the imposition of a fine up to $10,000 for each violation
7and any other penalty provided by law.
8    (j) The determination by a circuit court that a licensee
9is subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code, as amended, operates as an automatic suspension. The
12suspension may end only upon a finding by a court that the
13licensee is no longer subject to the involuntary admission or
14judicial admission and issues an order so finding and
15discharging the licensee, and upon the recommendation of the
16Board to the Secretary that the licensee be allowed to resume
17his or her practice.
18    (k) In enforcing this Code, the Department, upon a showing
19of a possible violation, may compel an individual licensed to
20practice under this Code, or who has applied for licensure
21under this Code, to submit to a mental or physical
22examination, or both, as required by and at the expense of the
23Department. The Department may order the examining physician
24to present testimony concerning the mental or physical
25examination of the licensee or applicant. No information shall
26be excluded by reason of any common law or statutory privilege



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1relating to communications between the licensee or applicant
2and the examining physician. The examining physician shall be
3specifically designated by the Department. The individual to
4be examined may have, at his or her own expense, another
5physician of his or her choice present during all aspects of
6this examination. The examination shall be performed by a
7physician licensed to practice medicine in all its branches.
8Failure of an individual to submit to a mental or physical
9examination, when directed, shall result in an automatic
10suspension without hearing.
11    A person holding a license under this Code or who has
12applied for a license under this Code who, because of a
13physical or mental illness or disability, including, but not
14limited to, deterioration through the aging process or loss of
15motor skill, is unable to practice the profession with
16reasonable judgment, skill, or safety, may be required by the
17Department to submit to care, counseling, or treatment by
18physicians approved or designated by the Department as a
19condition, term, or restriction for continued, reinstated, or
20renewed licensure to practice. Submission to care, counseling,
21or treatment as required by the Department shall not be
22considered discipline of a license. If the licensee refuses to
23enter into a care, counseling, or treatment agreement or fails
24to abide by the terms of the agreement, the Department may file
25a complaint to revoke, suspend, or otherwise discipline the
26license of the individual. The Secretary may order the license



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1suspended immediately, pending a hearing by the Department.
2Fines shall not be assessed in disciplinary actions involving
3physical or mental illness or impairment.
4    In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that
6person's license must be convened by the Department within 15
7days after the suspension and completed without appreciable
8delay. The Department shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Code and affected under
14this Section shall be afforded an opportunity to demonstrate
15to the Department that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions 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
20changing 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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1by the Comptroller in the applicant's or licensee's
2application file or license file. It is the duty of the
3applicant or licensee to inform the Comptroller of any change
4of address within 14 days, and such changes must be made either
5through the Comptroller's website or by contacting the
6Comptroller. The address of record shall be the permanent
7street address of the crematory.
8    "Alternative container" means a receptacle, other than a
9casket, in which human remains are transported to the
10crematory and placed in the cremation chamber for cremation.
11An alternative container shall be (i) composed of readily
12combustible or consumable materials suitable for cremation,
13(ii) able to be closed in order to provide a complete covering
14for the human remains, (iii) resistant to leakage or spillage,
15(iv) rigid enough for handling with ease, and (v) able to
16provide protection for the health, safety, and personal
17integrity of crematory personnel.
18    "Authorizing agent" means a person legally entitled to
19order the cremation and final disposition of specific human
20remains. "Authorizing agent" includes an institution of
21medical, mortuary, or other sciences as provided in Section 20
22of the Disposition of Remains of the Indigent Act.
23    "Body parts" means limbs or other portions of the anatomy
24that are removed from a person or human remains for medical
25purposes during treatment, surgery, biopsy, autopsy, or
26medical research; or human bodies or any portion of bodies



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1that have been donated to science for medical research
3    "Burial transit permit" means a permit for disposition of
4a dead human body as required by Illinois law.
5    "Casket" means a rigid container that is designed for the
6encasement of human remains, is usually constructed of wood,
7metal, or like material and ornamented and lined with fabric,
8and may or may not be combustible.
9    "Chain of custody record" means a record that establishes
10the continuous control of the deceased's body, body parts, or
11human remains.
12    "Comptroller" means the Comptroller of the State of
14    "Cremated remains" means all human remains recovered after
15the completion of the cremation, which may possibly include
16the residue of any foreign matter including casket material,
17bridgework, or eyeglasses, that was cremated with the human
19    "Cremation" means the technical process, using heat and
20flame, or alkaline hydrolysis that reduces human remains to
21bone fragments. The reduction takes place through heat and
22evaporation or through hydrolysis. Cremation shall include the
23processing, and may include the pulverization, of the bone
25    "Cremation chamber" means the enclosed space within which
26the cremation takes place.



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1    "Cremation interment container" means a rigid outer
2container that, subject to a cemetery's rules and regulations,
3is composed of concrete, steel, fiberglass, or some similar
4material in which an urn is placed prior to being interred in
5the ground, and which is designed to withstand prolonged
6exposure to the elements and to support the earth above the
8    "Cremation room" means the room in which the cremation
9chamber is located.
10    "Crematory" means the building or portion of a building
11that houses the cremation room and the holding facility.
12    "Crematory authority" means the legal entity which is
13licensed by the Comptroller to operate a crematory and to
14perform cremations.
15    "Final disposition" means the burial, cremation, or other
16disposition 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
19similar words or titles, licensed by the State to practice
20funeral directing or funeral directing and embalming.
21    "Funeral establishment" means a building or separate
22portion of a building having a specific street address and
23location and devoted to activities relating to the shelter,
24care, custody, and preparation of a deceased human body and
25may contain facilities for funeral or wake services.
26    "Holding facility" means an area that (i) is designated



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1for the retention of human remains prior to cremation, (ii)
2complies with all applicable public health law, (iii)
3preserves the health and safety of the crematory authority
4personnel, and (iv) is secure from access by anyone other than
5authorized persons. A holding facility may be located in a
6cremation room.
7    "Human remains" means the body of a deceased person,
8including any form of body prosthesis that has been
9permanently attached or implanted in the body.
10    "Licensee" means an entity licensed under this Act. An
11entity that holds itself as a licensee or that is accused of
12unlicensed practice is considered a licensee for purposes of
13enforcement, investigation, hearings, and the Illinois
14Administrative Procedure Act.
15    "Niche" means a compartment or cubicle for the
16memorialization and permanent placement of an urn containing
17cremated remains.
18    "Person" means any person, partnership, association,
19corporation, limited liability company, or other entity, and
20in the case of any such business organization, its officers,
21partners, members, or shareholders possessing 25% or more of
22ownership of the entity.
23    "Processing" means the reduction of identifiable bone
24fragments after the completion of the cremation process to
25unidentifiable bone fragments by manual or mechanical means.
26    "Pulverization" means the reduction of identifiable bone



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1fragments after the completion of the cremation process to
2granulated particles by manual or mechanical means.
3    "Scattering area" means an area which may be designated by
4a cemetery and located on dedicated cemetery property or
5property used for outdoor recreation or natural resource
6conservation owned by the Department of Natural Resources and
7designated as a scattering area, where cremated remains, which
8have been removed from their container, can be mixed with, or
9placed on top of, the soil or ground cover.
10    "Temporary container" means a receptacle for cremated
11remains, usually composed of cardboard, plastic or similar
12material, that can be closed in a manner that prevents the
13leakage or spillage of the cremated remains or the entrance of
14foreign material, and is a single container of sufficient size
15to hold the cremated remains until an urn is acquired or the
16cremated remains are scattered.
17    "Uniquely identified" means providing the deceased with
18individualized identification.
19    "Urn" means a receptacle designed to encase the cremated
21(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
22100-863, 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
2after the time of death, as indicated on the Medical
3Examiner's/Coroner's Certificate of Death. In any death, the
4human remains shall not be cremated by the crematory authority
5until a cremation permit has been received from the coroner or
6medical examiner of the county in which the death occurred and
7the crematory authority has received a cremation authorization
8form, executed by an authorizing agent, in accordance with the
9provisions of Section 15 of this Act. In no instance, however,
10shall the lapse of time between the death and the cremation be
11less than 24 hours, unless (i) it is known the deceased has an
12infectious or dangerous disease and that the time requirement
13is waived in writing by the medical examiner or coroner where
14the death occurred or (ii) because of a religious requirement.
15    (b) Except as set forth in subsection (a) of this Section,
16a crematory authority shall have the right to schedule the
17actual cremation to be performed at its own convenience, at
18any time after the human remains have been delivered to the
19crematory authority, unless the crematory authority has
20received specific instructions to the contrary on the
21cremation authorization form.
22    (c) No crematory authority shall cremate human remains
23when it has actual knowledge that human remains contain a
24pacemaker or any other material or implant that may be
25potentially hazardous to the person performing the cremation.
26    (d) No crematory authority shall refuse to accept human



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1remains for cremation because such human remains are not
3    (e) Whenever a crematory authority is unable or
4unauthorized to cremate human remains immediately upon taking
5custody of the remains, the crematory authority shall place
6the human remains in a holding facility in accordance with the
7crematory authority's rules and regulations. The crematory
8authority must notify the authorizing agent of the reasons for
9delay in cremation if a properly authorized cremation is not
10performed within any time period expressly contemplated in the
12    (f) A crematory authority shall not accept a casket or
13alternative container from which there is any evidence of the
14leakage of body fluids.
15    (g) The casket or the alternative container shall be
16cremated with the human remains or destroyed, unless the
17crematory authority has notified the authorizing agent to the
18contrary on the cremation authorization form and obtained the
19written consent of the authorizing agent.
20    (h) The simultaneous cremation of the human remains of
21more than one person within the same cremation chamber,
22without the prior written consent of the authorizing agent, is
23prohibited except for common cremation pursuant to Section
2411.4 of the Hospital Licensing Act. Nothing in this
25subsection, however, shall prevent the simultaneous cremation
26within the same cremation chamber of body parts delivered to



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1the crematory authority from multiple sources, or the use of
2cremation equipment that contains more than one cremation
4    (i) No unauthorized person shall be permitted in the
5holding facility or cremation room while any human remains are
6being held there awaiting cremation, being cremated, or being
7removed from the cremation chamber.
8    (j) A crematory authority shall not remove any dental
9gold, body parts, organs, or any item of value prior to or
10subsequent to a cremation without previously having received
11specific written authorization from the authorizing agent and
12written instructions for the delivery of these items to the
13authorizing agent. Under no circumstances shall a crematory
14authority profit from making or assisting in any removal of
16    (k) Upon the completion of each cremation, and insofar as
17is practicable, all of the recoverable residue of the
18cremation process shall be removed from the cremation chamber.
19    (l) If all of the recovered cremated remains will not fit
20within the receptacle that has been selected, the remainder of
21the cremated remains shall be returned to the authorizing
22agent or the agent's designee in a separate container. The
23crematory authority shall not return to an authorizing agent
24or the agent's designee more or less cremated remains than
25were removed from the cremation chamber.
26    (m) A crematory authority shall not knowingly represent to



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1an authorizing agent or the agent's designee that a temporary
2container or urn contains the cremated remains of a specific
3decedent when it does not.
4    (n) Cremated remains shall be shipped only by a method
5that has an internal tracing system available and that
6provides a receipt signed, in either paper or electronic
7format, by the person accepting delivery.
8    (o) A crematory authority shall maintain a chain of
9custody record, which is an identification system that ensures
10shall ensure that a crematory authority is it shall be able to
11identify the human remains in its possession throughout all
12phases of the cremation process.
13    (p) A crematory authority shall not take possession of
14unembalmed human remains that cannot be cremated within 24
15hours unless it provides or maintains either of the following
16capable of maintaining a temperature of less than 40 degrees
17Fahrenheit: an operable refrigeration unit, with cleanable,
18noncorrosive interior and exterior finishes, or a suitable
19cooling room.
20(Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.)".