Bill Amendment: IL HB4967 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM CD-MISHANDLE HUMAN REMAIN
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4967 Detail]
Download: Illinois-2023-HB4967-House_Amendment_001.html
Bill Title: CRIM CD-MISHANDLE HUMAN REMAIN
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4967 Detail]
Download: Illinois-2023-HB4967-House_Amendment_001.html
| |||||||
| |||||||
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8 | (Section scheduled to be repealed on January 1, 2028) | ||||||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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||