Public Act 102-0824
 
SB3092 EnrolledLRB102 23319 CPF 32485 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Crematory Regulation Act is amended  by 
changing Sections 20, 25, 35, and 55 as follows:
 


    (410 ILCS 18/20)




    (Section scheduled to be repealed on January 1, 2024)
    Sec. 20. Authorization to cremate. 

    (a) A crematory authority shall not cremate human remains 
until  it
has received all of the following:

        (1) A cremation authorization form signed, in either 
    paper or electronic format, by an authorizing agent.  The

    cremation authorization form shall be provided by the 
    crematory authority and
shall contain, at a minimum, the 
    following information:

            (A) The identity of the human remains and the time 
        and date of death.

            (B) The name of the funeral director and funeral 
        establishment, if applicable, that
obtained the 
        cremation authorization.

            (C) Notification as to whether  the death  occurred 
        from a disease
declared by the Department of Health to 
        be infectious, contagious,
communicable, or dangerous 
        to the public health.

            (D) The name of the authorizing agent and the

        relationship between the authorizing agent and the 
        decedent.

            (E) A representation that the authorizing agent 
        does in fact have the
right to authorize the cremation 
        of the decedent, and that the authorizing
agent is not 
        aware of any  living person who has a superior priority 
        right
to that of the authorizing agent, as set forth in 
        Section 15.  In the
event there is another living 
        person who has a superior priority
right to that of the 
        authorizing agent, the form shall contain a 
        representation
that the authorizing agent has made all 
        reasonable efforts to contact that
person, has been 
        unable to do so, and has no reason to
believe that the 
        person would object to the cremation of the decedent.

            (F) Authorization for the crematory authority to 
        cremate the human
remains.

            (G) A representation that the human remains do not 
        contain a pacemaker
or any other material or implant 
        that may be potentially hazardous or cause
damage to 
        the cremation chamber or the person performing the 
        cremation.

            (H) The name of the person authorized to receive 
        the cremated remains
from the crematory authority.

            (I) The manner in which final disposition of the 
        cremated remains is to
take place, if known.  If the  
        cremation authorization form does not specify
final 
        disposition in a grave, crypt, niche, or scattering 
        area, then the form
may indicate that the cremated 
        remains will be held by the crematory authority
for 30 
        days before they are released, unless they are picked 
        up from the
crematory authority prior to that time, in 
        person, by the authorizing agent. At
the end of the 30 
        days the crematory authority may return the cremated 
        remains
to the authorizing agent if no final 
        disposition arrangements are
made; or at the end of 60 
        days the crematory authority may dispose of the

        cremated remains in accordance with subsection (d) of 
        Section 40.

            (J) A listing of any items of value to be delivered 
        to the crematory
authority along with the human 
        remains, and instructions as to how the items
should 
        be handled.

            (K) A specific statement as to whether the 
        authorizing agent has made
arrangements for any type 
        of viewing  of the decedent before cremation, or for
a 
        service with the decedent present before cremation in 
        connection with the
cremation, and if so, the date and 
        time of the viewing or service and whether
the 
        crematory authority is authorized to proceed with the 
        cremation upon
receipt of the human  remains.

            (L) The signature, in either paper or electronic 
        format, of the authorizing agent, attesting to
the 
        accuracy of all representations contained on the 
        cremation authorization
form, except as set forth in 
        paragraph (M) of this subsection.

            (M) If a cremation authorization form is being 
        executed on a pre-need
basis, the cremation 
        authorization form shall contain the  disclosure 
        required
by subsection (b) of Section 140.

            (N) The cremation authorization form, other than 
        pre-need cremation
forms, shall also be signed, in 
        either paper or electronic format, by a funeral 
        director or other representative of
the funeral 
        establishment that obtained the cremation 
        authorization.  That
individual shall merely execute 
        the cremation authorization form as a witness
and 
        shall not be responsible for any of the 
        representations made by the
authorizing agent, unless 
        the individual has actual knowledge to the contrary.

        The information requested by items (A), (B), (C) and 
        (G) of this subsection,
however, shall be considered 
        to be representations of the authorizing agent.
In 
        addition, the funeral director or funeral 
        establishment shall warrant to the
crematory that the 
        human remains delivered to the crematory authority are 
        the
human remains identified on the cremation 
        authorization form.

        (2) A completed and executed burial transit permit 
    indicating that the
human remains are to be cremated.

        (3) Any other documentation required by this State.

    (b) If an authorizing agent is not available to execute a 
cremation
authorization form in person, that person may 
delegate that authority to
another person in writing, or by 
sending the crematory authority a facsimile
transmission that 
contains the name, address, and relationship of the sender to

the decedent and the name and address of the individual to whom 
authority is
delegated.  Upon receipt of the written document, 
or facsimile
transmission, telegram, or other electronic 
telecommunications transmission
which specifies the individual 
to whom authority has been delegated, the
crematory authority 
shall allow this individual to serve as the authorizing
agent 
and to execute the cremation authorization form.  The crematory

authority shall be entitled to rely upon the cremation 
authorization form
without liability.

    (c) An authorizing agent who signs, in either paper or 
electronic format, a cremation authorization form shall be

deemed to warrant the truthfulness of any facts set forth on 
the cremation
authorization form, including that person's 
authority to order the cremation;
except for the information 
required by items (C) and (G) of paragraph (1) of
subsection 
(a) of this Section, unless the authorizing agent has actual

knowledge to the contrary.  An authorizing agent signing, in 
either paper or electronic format, a cremation
authorization 
form shall be personally and individually liable for all 
damages
occasioned by and resulting from authorizing the 
cremation.

    (d) A crematory authority shall have authority to cremate 
human remains upon
the receipt of a cremation authorization 
form signed, in either paper or electronic format, by an 
authorizing agent.
There shall be no liability for a crematory 
authority  that cremates human
remains according to an 
authorization, or that releases or disposes of the
cremated 
remains according to an authorization, except for a crematory

authority's gross negligence, provided that the crematory 
authority performs
its functions in compliance with this Act.

    (e) After an authorizing agent has executed a cremation 
authorization form,
the authorizing agent may revoke the 
authorization and instruct the crematory
authority to cancel 
the cremation and to release or deliver the human remains
to 
another crematory authority or funeral establishment.  The 
instructions
shall be provided to the crematory authority in 
writing. A crematory authority
shall honor any instructions 
given to it by an authorizing agent under this
Section if it 
receives the instructions prior to beginning the cremation of 
the
human remains.

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)

 


    (410 ILCS 18/25)




    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25. Recordkeeping. 

    (a) The crematory authority shall furnish to the person 
who delivers
human remains to the crematory authority a 
receipt signed, in either paper or electronic format, at the 
time of delivery by both the
crematory authority and the 
person who delivers the human remains, showing
the date and 
time of the delivery,  the type of casket or alternative

container that was delivered, the name of the person from whom 
the human
remains were received and  the name of the funeral 
establishment or other
entity with whom the person is 
affiliated, the name of the person who
received the human 
remains on behalf of the crematory authority, and the
name of 
the decedent.  The crematory shall retain a copy of this 
receipt in
its permanent records.

    (b) Upon its release of cremated remains,
the crematory 
authority shall furnish to the person who receives the

cremated remains from the crematory authority a receipt 
signed, in either paper or electronic format, by both the

crematory authority and the person who receives the cremated 
remains,
showing the date and time of the release, the name of 
the person to whom the
cremated remains were released and the 
name of the funeral establishment,
cemetery, or other entity 
with whom the person is affiliated, the name of
the person who 
released the cremated remains on behalf of the crematory

authority, and the name of the decedent.  The crematory shall 
retain a copy
of this receipt in its permanent records.

    (c) A crematory authority shall maintain at its place of 
business a
permanent record of each cremation that took place 
at its facility which shall
contain the name of the decedent, 
the date of the cremation, and the final
disposition of the 
cremated remains.

    (d) The crematory authority shall maintain a record of all 
cremated remains
disposed of by the crematory authority in 
accordance with subsection (d) of
Section 40.

    (e) Upon completion of the cremation, the crematory 
authority shall file the
burial transit permit as required by 
the Illinois Vital Records Act and rules adopted under that 
Act and the Illinois Counties Code, and transmit a photocopy 
of the
burial transit permit along with the cremated remains 
to whoever receives the
cremated remains from the authorizing 
agent unless the cremated remains are to
be interred, 
entombed, inurned, or placed in  a scattering area, in which 
case
the crematory authority shall retain a copy of the burial 
transit permit and
shall send the permit, along with the 
cremated remains, to the cemetery, which
shall file the permit 
with the designated agency after the interment,
entombment, 
inurnment, or scattering has taken place.

    (f) All cemeteries shall maintain a record of all cremated 
remains that are
disposed of on their property, provided that 
the cremated remains were
properly transferred to the cemetery 
and the cemetery issued a receipt
acknowledging the transfer 
of the cremated remains.

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)

 



    (410 ILCS 18/35)


    (Section scheduled to be repealed on January 1, 2024)

    Sec. 35. Cremation procedures. 

    (a) Human remains shall not be cremated within 24
hours 
after the time of death, as indicated on the Medical

Examiner's/Coroner's Certificate of Death.  In any death, the 
human remains
shall not be cremated by the crematory authority 
until a  cremation permit has
been received from the coroner or 
medical examiner of the county in which the
death occurred and 
the crematory authority has received a cremation
authorization 
form, executed by an authorizing agent, in accordance with the

provisions of Section 15 of this Act.  In no instance, however, 
shall the lapse
of time between the death and the cremation be 
less than 24 hours, unless (i)
it is known the deceased has an 
infectious or dangerous disease and that the
time requirement 
is waived in writing by the medical examiner or coroner where

the death occurred or (ii) because of a religious requirement.

    (b) Except as set forth in subsection (a) of this Section,

a crematory authority shall have the right to schedule the 
actual cremation
to be performed at its own convenience, at 
any time after the human remains
have been delivered to the 
crematory authority, unless the crematory
authority has 
received specific instructions to the contrary on the

cremation authorization form.

    (c) No crematory authority shall cremate human remains 
when it has actual
knowledge that human remains contain  a 
pacemaker or any other material or
implant that may be 
potentially hazardous to the person  performing the
cremation.

    (d) No crematory authority shall refuse to accept human 
remains for
cremation because such human remains are not 
embalmed.

    (e) Whenever a crematory authority is unable or 
unauthorized to cremate
human remains immediately upon taking 
custody of the remains, the crematory
authority shall place 
the human remains in a  holding facility in accordance
with the 
crematory authority's rules and regulations.
The crematory 
authority must notify the authorizing agent of the reasons for

delay in
cremation if a properly authorized cremation is not 
performed within any time
period expressly
contemplated in the 
authorization.

    (f) A crematory authority shall not accept a casket or

alternative container from which there is any evidence of the 
leakage of
body fluids.

    (g) The casket or the alternative container shall be 
cremated with
the human remains or destroyed, unless the 
crematory authority has notified the
authorizing agent to the 
contrary on the cremation authorization form and
obtained the 
written consent of the authorizing agent.

    (h) The simultaneous cremation of the human remains of 
more than one person
within the same cremation chamber, 
without the prior written consent of the
authorizing agent, is 
prohibited except for common cremation pursuant to Section 
11.4 of the Hospital Licensing Act. Nothing in this 
subsection, however, shall
prevent the simultaneous cremation 
within the same cremation chamber of body
parts delivered to 
the crematory authority from multiple sources, or the use of

cremation equipment that contains more than one cremation 
chamber.

    (i) No unauthorized person shall be permitted in the 
holding facility or
cremation room while any human remains are 
being held there awaiting
cremation, being cremated, or being 
removed from the cremation  chamber.

    (j) A crematory authority shall not remove any dental 
gold, body parts,
organs, or any item of value prior to or 
subsequent to a cremation without
previously having received 
specific written authorization from the
authorizing agent and 
written instructions for the delivery of these items
to the 
authorizing agent. Under no circumstances shall a crematory 
authority
profit from making or assisting in any removal of 
valuables.

    (k) Upon the completion of each cremation, and insofar as 
is practicable,
all of the recoverable residue of the 
cremation process shall be removed from
the cremation chamber.

    (l) If all of the recovered cremated remains will
not fit 
within the receptacle that has been selected, the remainder of 
the
cremated remains shall be returned to the authorizing 
agent or the agent's
designee in a separate container.  The 
crematory authority shall not return
to an authorizing agent 
or the agent's designee more or less cremated
remains than 
were removed from the cremation chamber.

    (m) A crematory authority shall not knowingly represent to 
an
authorizing agent or the agent's designee that a temporary 
container or
urn contains the cremated remains of a specific 
decedent when it does not.

    (n) Cremated remains shall be shipped only by a method 
that has an internal
tracing system available and that 
provides a receipt signed, in either paper or electronic 
format, by the person
accepting delivery.

    (o) A crematory authority shall maintain an identification 
system that shall
ensure that it shall be able to identify the 
human remains in its possession
throughout all phases of the 
cremation process.

(Source: P.A. 96-338, eff. 1-1-10.)

 


    (410 ILCS 18/55)




    (Section scheduled to be repealed on January 1, 2024)
    Sec. 55. Penalties. Violations of this Act shall be 
punishable as follows:

        (1) Performing a cremation without receipt of a 
    cremation
authorization form signed, in either paper or 
    electronic format, by an authorizing agent shall be a 
    Class 4 felony.

        (2) Signing, in either paper or electronic format, a 
    cremation authorization form with the actual
knowledge 
    that the form contains false or incorrect information 
    shall be a
Class 4 felony.

        (3) A Violation of any cremation procedure set forth 
    in Section 35
shall be a Class 4 felony.

        (4) Holding oneself out to the public as a crematory 
    authority, or the
operation of a building or structure 
    within this State as a crematory, without
being licensed 
    under this Act, shall be a Class A
misdemeanor.

        (4.5) Performance of a cremation service by a person

    who has not
 completed a training program as defined in 
    Section 22 of this Act
shall be a Class A misdemeanor.

        (4.10) Any person who intentionally violates a 
    provision of this Act or a
final order of the Comptroller 
    is liable for a civil penalty not to exceed $5,000
 per

    violation.

        (4.15) Any person who knowingly acts without proper 
    legal authority and
who
willfully and knowingly destroys 
    or damages the remains of a deceased human
being or who 
    desecrates human remains is guilty of a Class 3 felony.

        (5) A violation of any other provision of this
Act 
    shall be a  Class B misdemeanor.

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)