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Public Act 102-0824


 

Public Act 0824 102ND GENERAL ASSEMBLY

  
  
  

 


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    (Section scheduled to be repealed on January 1, 2024)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

Effective Date: 1/1/2023