[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3263
225 ILCS 41/1-15
225 ILCS 41/1-20
Amends the Funeral Directors and Embalmers Licensing
Code. Amends the definition of funeral directing and the
definition of funeral directing and embalming to include the
engaging in or making or holding oneself out as being engaged
in or making funeral arrangements or the offering or holding
oneself out as offering the opportunity to purchase or enroll
in a prepaid funeral agreement for funeral services or
funeral merchandise.
LRB9007975LDpk
LRB9007975LDpk
1 AN ACT to amend the Funeral Directors and Embalmers
2 Licensing Code by changing Sections 1-15 and 1-20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Funeral Directors and Embalmers Licensing
6 Code is amended by changing Sections 1-15 and 1-20 as
7 follows:
8 (225 ILCS 41/1-15)
9 Sec. 1-15. Funeral directing; definition. Conducting or
10 engaging in or representing or holding out oneself as
11 conducting or engaged in any one or any combination of the
12 following practices constitutes the practice of funeral
13 directing:
14 (a) The practice of preparing, otherwise than by
15 embalming, for the burial, cremation, or disposal and
16 directing and supervising the burial or disposal of
17 deceased human remains or performing any act or service
18 in connection with the preparing of dead human bodies.
19 Preparation, direction, and supervision shall not be
20 construed to mean those functions normally performed by
21 cemetery and crematory personnel.
22 (b) The practice of operating a place for preparing
23 for the disposition of deceased human bodies or for
24 caring for deceased human bodies before their
25 disposition. Nothing in this Code shall prohibit the
26 ownership and management of such a place by an unlicensed
27 owner if the place is operated in accordance with this
28 Code and the unlicensed owner does not engage in any form
29 of funeral directing.
30 (c) The removal of a deceased human body from its
31 place of death, institution or other location. The
-2- LRB9007975LDpk
1 licensed funeral director may engage others who are not
2 licensed funeral directors to assist in the removal if
3 the funeral director directs and instructs them in
4 handling and precautionary procedures and accompanies
5 them on all calls. The transportation of deceased human
6 remains to a cemetery, crematory or other place of final
7 disposition shall be under the immediate direct
8 supervision of a licensee unless otherwise permitted by
9 this Section. The transportation of deceased human
10 remains that are embalmed or otherwise prepared and
11 enclosed in an appropriate container to some other place
12 that is not the place of final disposition, such as
13 another funeral home or common carrier, or to a facility
14 that shares common ownership with the transporting
15 funeral home may be performed under the general
16 supervision of a licensee, but the supervision need not
17 be immediate or direct.
18 (d) The administering and conducting of, or
19 assuming responsibility for administering and conducting
20 of, at need funeral arrangements.
21 (e) The assuming custody of, transportation,
22 providing shelter, protection and care and disposition of
23 deceased human remains and the furnishing of necessary
24 funeral services, facilities and equipment.
25 (f) Using in connection with a name or practice the
26 word "funeral director," "undertaker," "mortician,"
27 "funeral home," "funeral parlor," "funeral chapel," or
28 any other title implying that the person is engaged in
29 the practice of funeral directing.
30 (g) The practice of making funeral arrangements,
31 including at-need funeral arrangements or preneed
32 arrangements, or the practice of offering the opportunity
33 to purchase or enroll in a prepaid funeral agreement for
34 funeral services or funeral merchandise.
-3- LRB9007975LDpk
1 The practice of funeral directing shall not include the
2 phoning in of obituary notices, ordering of flowers for the
3 funeral, or reporting of prices on the firm's general price
4 list as required by the Federal Trade Commission rule by
5 nonlicensed persons, or like clerical tasks incidental to the
6 act of making funeral arrangements.
7 The making of funeral arrangements, at need, shall be
8 done only by licensed funeral directors or licensed funeral
9 directors and embalmers.
10 (Source: P.A. 87-966.)
11 (225 ILCS 41/1-20)
12 Sec. 1-20. Funeral directing and embalming; definition.
13 "The practice of funeral directing and embalming" means:
14 (a) The practice of preparing, otherwise than by
15 embalming, for the burial, cremation, or disposal and
16 directing and supervising the burial or disposal of
17 deceased human remains or performing any act or service
18 in connection with the preparing of dead human bodies.
19 Preparation, direction, and supervision shall not be
20 construed to mean those functions normally performed by
21 cemetery and crematory personnel.
22 (b) The practice of operating a place for preparing
23 for the disposition of deceased human bodies or for
24 caring for deceased human bodies before their
25 disposition. Nothing in this Code shall prohibit the
26 ownership and management of such a place by an unlicensed
27 owner if the place is operated in accordance with this
28 Code and the unlicensed owner does not engage in any form
29 of funeral directing and embalming.
30 (c) The removal of a deceased human body from its
31 place of death, institution or other location. A licensed
32 funeral director and embalmer trainee may remove a
33 deceased human body from its place of death, institution,
-4- LRB9007975LDpk
1 or other location without another licensee being present.
2 The licensed funeral director and embalmer may engage
3 others who are not licensed funeral directors and
4 embalmers or funeral director and embalmer trainees to
5 assist in the removal if the funeral director and
6 embalmer directs and instructs them in handling and
7 precautionary procedures and accompanies them on all
8 calls. The transportation of deceased human remains to a
9 cemetery, crematory or other place of final disposition
10 shall be under the immediate, direct supervision of a
11 licensee unless otherwise permitted by this Section. The
12 transportation of deceased human remains that are
13 embalmed or otherwise prepared and enclosed in an
14 appropriate container to some other place that is not the
15 place of final disposition, such as another funeral home
16 or common carrier, or to a facility that shares common
17 ownership with the transporting funeral home may be
18 performed under the general supervision of a licensee,
19 but the supervision need not be immediate or direct.
20 (d) The administering and conducting of, or
21 assuming responsibility for administering and conducting
22 of, at need funeral arrangements.
23 (e) The assuming custody of, transportation,
24 providing shelter, protection and care and disposition of
25 deceased human remains and the furnishing of necessary
26 funeral services, facilities and equipment.
27 (f) Using in connection with a name or practice the
28 word "funeral director and embalmer", "embalmer",
29 "funeral director", "undertaker", "mortician", "funeral
30 home", "funeral parlor", "funeral chapel", or any other
31 title implying that the person is engaged in the practice
32 of funeral directing and embalming.
33 (g) The embalming or representing or holding out
34 oneself as engaged in the practice of embalming of
-5- LRB9007975LDpk
1 deceased human bodies or the transportation of human
2 bodies deceased of a contagious or infectious disease.
3 (h) The engaging in or making or holding oneself
4 out as being engaged in or making funeral arrangements,
5 including at-need funeral arrangements or preneed
6 arrangements, or the offering or holding oneself out as
7 offering the opportunity to purchase or enroll in a
8 prepaid funeral agreement for funeral services or funeral
9 merchandise.
10 The practice of funeral directing and embalming shall not
11 include the phoning in of obituary notices, ordering of
12 flowers for the funeral, or reporting of prices on the firm's
13 general price list as required by the Federal Trade
14 Commission rule by nonlicensed persons, or like clerical
15 tasks incidental to the act of making funeral arrangements.
16 The making of funeral arrangements, at need, shall be
17 done only by licensed funeral directors or licensed funeral
18 directors and embalmers. Licensed funeral director and
19 embalmer trainees may, however, assist or participate in the
20 arrangements.
21 (Source: P.A. 87-966.)