Public Act 098-0432
 
HB2616 EnrolledLRB098 10148 MGM 40307 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Funeral Directors and Embalmers Licensing 
Code is amended  by changing Section 1-15 as follows:
 
    (225 ILCS 41/1-15)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 1-15. Funeral directing; definition. Conducting
or 
engaging in or representing or holding out oneself as

conducting or engaged in any one or any combination of the 
following
practices constitutes the practice of funeral 
directing:
        (a) The practice of preparing, otherwise than by 
    embalming, for the
burial, cremation, or disposition and 
    directing and supervising the burial or disposition
 of 
    deceased human remains or performing any act or service in

    connection with the preparing of dead human bodies.  
    Preparation,
direction, and supervision shall not be 
    construed to mean those functions
normally performed by 
    cemetery and crematory personnel.
        (b) The practice of operating a place for preparing for 
    the disposition
of deceased human bodies or for caring for 
    deceased human
bodies before their disposition.  Nothing in 
    this Code shall prohibit
the ownership and management of 
    such a place by an unlicensed owner
if the place is 
    operated in accordance with this Code and the unlicensed 
    owner
does not engage in any form of funeral directing. An 
    unlicensed owner may interact with consumers while a 
    licensed funeral director is present in accordance with 
    this Section. 
        (c) The removal of a deceased human body from its place 
    of death,
institution, or other location. A licensed 
    funeral director and embalmer intern may remove a deceased 
    human body from its place of death, institution, or other 
    location without another licensee being present.  The 
    licensed funeral director may engage
others who are not 
    licensed funeral directors, licensed funeral director and 
    embalmers, or licensed funeral director and embalmer 
    interns to assist in the removal if the
funeral director 
    directs and instructs them in handling and precautionary

    procedures and accompanies them on all calls.  The 
    transportation of deceased
human remains to a cemetery, 
    crematory or other place of final disposition
shall be 
    under the immediate direct supervision of a licensee unless 
    otherwise
permitted by this Section.  The transportation of 
    deceased human remains that
are embalmed or otherwise 
    prepared and enclosed in an appropriate container to
some 
    other place that is not the place of final disposition, 
    such as another
funeral home or common carrier, or to a 
    facility that shares common
ownership with the 
    transporting funeral home may be performed under the

    general supervision of a licensee, but the supervision need 
    not be immediate
or direct. 
        (d) The administering and conducting of, or assuming 
    responsibility for
administering and conducting of, at 
    need funeral arrangements.
        (e) The assuming custody of, transportation, providing 
    shelter,
protection and care and disposition of deceased 
    human remains and the
furnishing of necessary funeral 
    services, facilities and equipment.
        (f) Using in connection with a name or practice the 
    word "funeral
director", "undertaker", "mortician", 
    "funeral home", "funeral parlor",
"funeral chapel", or any 
    other title implying that the person is engaged in the

    practice of funeral directing.
    Within the existing scope of the practice of funeral 
directing or funeral directing and embalming, only a licensed 
funeral director, a licensed funeral director and embalmer, or 
a licensed funeral director and embalmer intern under the 
restrictions provided for in this Code, and not any other 
person employed or contracted by the licensee, may engage in 
the following activities at-need: (1) have direct contact with 
consumers and explain funeral or burial merchandise or services 
or (2) negotiate, develop, or finalize contracts with 
consumers.  This paragraph shall not be construed or enforced in 
such a manner as to limit the functions of persons regulated 
under the Illinois Funeral or Burial Funds Act, the Illinois 
Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the 
Cemetery Care Act, the Cemetery Association Act, the Illinois 
Insurance Code, or any other related professional regulatory 
Act.
    The practice of funeral directing shall not include the

phoning in of obituary notices, ordering of flowers for the 
funeral,
or reporting of prices on the firm's general price 
list as required
by the Federal Trade Commission Funeral Rule 
by nonlicensed
persons, or like
clerical tasks incidental to 
the act of making funeral arrangements.
    The making of funeral arrangements, at need, shall be done 
only by
licensed funeral directors or licensed funeral 
directors and embalmers. Licensed funeral director and 
embalmer interns may, however, assist or participate in the 
arrangements under the direct supervision of a licensed funeral 
director or licensed funeral director and embalmer. 
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)