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1 | AN ACT concerning rights and remedies.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Funeral Directors and Embalmers Licensing | ||||||||||||||||||||||||||||
5 | Code is amended by changing Section 15-75 as follows:
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6 | (225 ILCS 41/15-75)
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7 | (Section scheduled to be repealed on January 1, 2013)
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8 | Sec. 15-75. Violations; grounds for discipline; penalties.
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9 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||||||||||||||||||||||||
10 | the first offense, and a Class 4 felony for each subsequent | ||||||||||||||||||||||||||||
11 | offense.
These penalties shall also apply to unlicensed owners | ||||||||||||||||||||||||||||
12 | of funeral homes.
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13 | (1) Practicing the profession of funeral directing and | ||||||||||||||||||||||||||||
14 | embalming or
funeral directing, or attempting to practice | ||||||||||||||||||||||||||||
15 | the profession of funeral
directing and embalming or | ||||||||||||||||||||||||||||
16 | funeral directing without a license as a licensed
funeral | ||||||||||||||||||||||||||||
17 | director and embalmer or funeral director.
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18 | (2) Serving as an intern under a licensed funeral
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19 | director
and embalmer or
attempting to serve as an intern | ||||||||||||||||||||||||||||
20 | under a licensed funeral
director and embalmer
without a | ||||||||||||||||||||||||||||
21 | license as a licensed funeral director and embalmer intern.
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22 | (3) Obtaining or attempting to obtain a license, | ||||||||||||||||||||||||||||
23 | practice or business,
or any other thing of value, by fraud | ||||||||||||||||||||||||||||
24 | or misrepresentation.
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25 | (4) Permitting any person in one's employ, under one's | ||||||||||||||||||||||||||||
26 | control or in or
under one's service to serve as a funeral | ||||||||||||||||||||||||||||
27 | director and embalmer, funeral
director, or funeral | ||||||||||||||||||||||||||||
28 | director and embalmer intern when the
person does not have | ||||||||||||||||||||||||||||
29 | the appropriate license.
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30 | (5) Failing to display a license as required by this | ||||||||||||||||||||||||||||
31 | Code.
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32 | (6) Giving false information or making a false oath or |
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1 | affidavit
required by this Code.
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2 | (b) Each of the following acts or actions is a violation of | ||||||
3 | this Code for
which the Department may refuse to issue or | ||||||
4 | renew, or may suspend or revoke
any license or may take any | ||||||
5 | disciplinary action as the Department may deem
proper including | ||||||
6 | fines not to exceed $1,000 for each violation.
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7 | (1) Obtaining or attempting to obtain a license by | ||||||
8 | fraud or
misrepresentation.
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9 | (2) Conviction in this State or another state of any | ||||||
10 | crime that is a
felony or misdemeanor under the laws of | ||||||
11 | this State or conviction of a
felony or misdemeanor in a | ||||||
12 | federal
court.
| ||||||
13 | (3) Violation of the laws of this State relating to the | ||||||
14 | funeral, burial
or disposal of deceased human bodies or of | ||||||
15 | the rules and regulations of the
Department, or the | ||||||
16 | Department of Public Health.
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17 | (4) Directly or indirectly paying or causing to be paid | ||||||
18 | any sum of money
or other valuable consideration for the | ||||||
19 | securing of business or for
obtaining authority to dispose | ||||||
20 | of any deceased human body.
| ||||||
21 | (5) Incompetence or untrustworthiness in the practice | ||||||
22 | of funeral
directing and embalming or funeral directing.
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23 | (6) False or misleading advertising as a funeral | ||||||
24 | director and embalmer
or funeral director, or advertising | ||||||
25 | or using the name of a person other than
the holder of a | ||||||
26 | license in connection with any service being rendered in | ||||||
27 | the
practice of funeral directing and embalming or funeral | ||||||
28 | directing. Nothing in
this paragraph shall prevent | ||||||
29 | including the name of any owner, officer or
corporate | ||||||
30 | director of a funeral business who is not a licensee in
any | ||||||
31 | advertisement
used by a funeral home with which the | ||||||
32 | individual is affiliated if the
advertisement specifies | ||||||
33 | the individual's affiliation with the funeral home.
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34 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
35 | contracts, burial
certificates, or burial insurance | ||||||
36 | policies in connection with the
profession as a funeral |
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1 | director and embalmer, funeral director, or funeral
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2 | director and embalmer intern in violation of any laws of | ||||||
3 | the
State
of Illinois.
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4 | (8) Refusing, without cause, to surrender the custody | ||||||
5 | of a deceased
human body upon the proper request of the | ||||||
6 | person or persons lawfully
entitled to the custody of the | ||||||
7 | body.
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8 | (9) Taking undue advantage of a client or clients as to | ||||||
9 | amount to the
perpetration of fraud.
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10 | (10) Engaging in funeral directing and embalming or | ||||||
11 | funeral
directing without a license.
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12 | (11) Encouraging, requesting, or suggesting by a | ||||||
13 | licensee or some person
working on his behalf and with his | ||||||
14 | consent for compensation that a person
utilize the services | ||||||
15 | of a certain funeral director and embalmer, funeral
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16 | director, or funeral establishment unless that information | ||||||
17 | has
been expressly requested by the person. This does not | ||||||
18 | prohibit general
advertising or pre-need solicitation.
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19 | (12) Making or causing to be made any false or | ||||||
20 | misleading statements
about the laws concerning the | ||||||
21 | disposal of human remains, including, but not
limited to, | ||||||
22 | the need to embalm, the need for a casket for cremation or | ||||||
23 | the
need for an outer burial container.
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24 | (13) Continued practice by a person having an | ||||||
25 | infectious or contagious disease.
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26 | (14) Embalming or attempting to embalm a deceased human | ||||||
27 | body without
express prior authorization of the person | ||||||
28 | responsible for making the
funeral arrangements for the | ||||||
29 | body. This does not apply to cases where
embalming is | ||||||
30 | directed by local authorities who have jurisdiction or when
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31 | embalming is required by State or local law.
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32 | (15) Making a false statement on a Certificate of Death | ||||||
33 | where the
person making the statement knew or should have | ||||||
34 | known that the statement
was false.
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35 | (16) Soliciting human bodies after death or while death | ||||||
36 | is imminent.
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1 | (17) Performing any act or practice that is a violation
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2 | of this Code, the rules for the administration of this | ||||||
3 | Code, or any
federal,
State or local laws, rules, or | ||||||
4 | regulations
governing the practice of funeral directing or | ||||||
5 | embalming.
| ||||||
6 | (18) Performing any act or practice that is a violation | ||||||
7 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
8 | Practices Act.
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9 | (19) Engaging in unethical or unprofessional conduct | ||||||
10 | of a character
likely to deceive, defraud or harm the | ||||||
11 | public.
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12 | (20) Taking possession of a dead human body without | ||||||
13 | having first
obtained express permission from next of kin | ||||||
14 | or a public agency legally
authorized to direct, control or | ||||||
15 | permit the removal of deceased human bodies.
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16 | (21) Advertising in a false or misleading manner or | ||||||
17 | advertising using
the name of an unlicensed person in | ||||||
18 | connection with any service being
rendered in the practice | ||||||
19 | of funeral directing or funeral directing and
embalming. | ||||||
20 | The use of any name of an unlicensed or unregistered person | ||||||
21 | in
an advertisement so as to imply that the person will | ||||||
22 | perform services is
considered misleading advertising. | ||||||
23 | Nothing in this paragraph shall prevent
including the name | ||||||
24 | of any owner, officer or corporate director of a funeral
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25 | home, who is not a licensee, in any advertisement used by a | ||||||
26 | funeral home
with which the individual is affiliated, if | ||||||
27 | the advertisement specifies
the individual's affiliation | ||||||
28 | with the funeral home.
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29 | (22) Directly or indirectly receiving compensation for | ||||||
30 | any professional
services not actually performed.
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31 | (23) Failing to account for or remit any monies, | ||||||
32 | documents, or personal
property that belongs to others that | ||||||
33 | comes into a licensee's possession.
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34 | (24) Treating any person differently to his detriment | ||||||
35 | because of
race, color, creed, gender, religion, or | ||||||
36 | national origin.
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1 | (25) Knowingly making any false statements, oral or | ||||||
2 | otherwise, of a
character likely to influence, persuade or | ||||||
3 | induce others in the course of
performing professional | ||||||
4 | services or activities.
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5 | (26) Knowingly making or filing false records or | ||||||
6 | reports in the practice
of funeral directing and embalming.
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7 | (27) Failing to acquire continuing education required | ||||||
8 | under this Code.
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9 | (28) Failing to comply with any of the following | ||||||
10 | required activities:
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11 | (A) When reasonably possible, a licensee or anyone | ||||||
12 | acting on his or
her behalf shall obtain the express | ||||||
13 | authorization of the person or persons
responsible for | ||||||
14 | making the funeral arrangements for a deceased human | ||||||
15 | body
prior to removing a body from the place of death | ||||||
16 | or any place it may be or
embalming or attempting to | ||||||
17 | embalm a deceased human body, unless required by
State | ||||||
18 | or local law. This requirement is waived whenever | ||||||
19 | removal or
embalming is directed by local authorities | ||||||
20 | who have jurisdiction.
If the responsibility for the | ||||||
21 | handling of the remains lawfully falls under
the | ||||||
22 | jurisdiction of a public agency, then the regulations | ||||||
23 | of the public
agency shall prevail.
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24 | (B) A licensee shall clearly mark the price of any | ||||||
25 | casket offered for
sale or the price of any service | ||||||
26 | using the casket on or in the casket if
the casket is | ||||||
27 | displayed at the funeral establishment. If the casket | ||||||
28 | is
displayed at any other location, regardless of | ||||||
29 | whether the licensee is in
control of that location, | ||||||
30 | the casket shall be clearly marked and the
registrant | ||||||
31 | shall use books, catalogues, brochures, or other | ||||||
32 | printed display
aids to show the price of each casket | ||||||
33 | or service.
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34 | (C) At the time funeral arrangements are made and | ||||||
35 | prior to rendering the
funeral services, a licensee | ||||||
36 | shall furnish a written statement to be
retained by the |
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1 | person or persons making the funeral arrangements, | ||||||
2 | signed
by both parties, that shall contain: (i) the | ||||||
3 | name, address and telephone number
of the funeral | ||||||
4 | establishment and the date on which the arrangements | ||||||
5 | were made;
(ii) the price of the service selected and | ||||||
6 | the services and merchandise
included for that price; | ||||||
7 | (iii) a clear disclosure that the person or persons
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8 | making the arrangement may decline and receive credit | ||||||
9 | for any service or
merchandise not desired and not | ||||||
10 | required by law or the funeral director or the
funeral | ||||||
11 | director and embalmer; (iv) the supplemental items of | ||||||
12 | service and
merchandise requested and the price of each | ||||||
13 | item; (v) the terms or method of
payment agreed upon; | ||||||
14 | and (vi) a statement as to any monetary advances made | ||||||
15 | by
the registrant on behalf of the family.
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16 | (29) A finding by the Department that the license, | ||||||
17 | after having his or
her license placed on probationary | ||||||
18 | status or subjected to conditions or
restrictions, | ||||||
19 | violated the terms of the probation or failed to comply | ||||||
20 | with such
terms or conditions.
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21 | (30) Violation of any final administrative action of | ||||||
22 | the Director.
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23 | (31) Being named as a perpetrator in an indicated | ||||||
24 | report by the Department
of Children and Family Services | ||||||
25 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
26 | and, upon proof by clear and convincing evidence,
being | ||||||
27 | found to have caused a child to be an abused child or | ||||||
28 | neglected child as
defined
in the Abused and Neglected | ||||||
29 | Child Reporting Act. | ||||||
30 | (32) Failing to comply with the direction of a health | ||||||
31 | care agent under the Powers of Attorney for Health Care | ||||||
32 | Law.
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33 | (c) The Department may refuse to issue or renew, or may | ||||||
34 | suspend, the license
of any person who fails to file a return, | ||||||
35 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
36 | to pay any final assessment of tax, penalty or
interest as |
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1 | required by any tax Act administered by the Illinois Department | ||||||
2 | of
Revenue, until the time as the requirements of the tax Act | ||||||
3 | are satisfied.
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4 | (Source: P.A. 93-268, eff. 1-1-04.)
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5 | Section 10. The Medical Patient Rights Act is amended by | ||||||
6 | changing Section 3.2 as follows:
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7 | (410 ILCS 50/3.2) (from Ch. 111 1/2, par. 5403.2)
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8 | Sec. 3.2. (a) Every health care facility in this State | ||||||
9 | shall permit
visitation by any person or persons designated , | ||||||
10 | either verbally or, if the patient is incapacitated or unable | ||||||
11 | to communicate, in a letter, form, or other document, by a | ||||||
12 | patient who is 18 years
of age or older and who is allowed | ||||||
13 | rights of visitation unless (1) the
facility does not allow any | ||||||
14 | visitation for a patient or patients, or (2)
the facility or | ||||||
15 | the patient's physician determines that visitation would
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16 | endanger the physical health or safety of a patient or visitor, | ||||||
17 | or would
interfere with the operations of the facility. Nothing | ||||||
18 | in this Act shall
restrict the ability of a health care | ||||||
19 | facility to regulate the hours of
visitation, the number of | ||||||
20 | visitors per patient or the movement of visitors
within the | ||||||
21 | facility.
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22 | (b) Nothing in this Section shall be construed to further | ||||||
23 | limit or
restrict the right of visitation provided by other | ||||||
24 | provisions of law.
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25 | (c) For the purposes of this Section a "health care | ||||||
26 | facility" does not
include a developmental disability | ||||||
27 | facility, a mental health facility or a
mental health center.
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28 | (Source: P.A. 87-651.)
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29 | Section 15. The Illinois Power of Attorney Act is amended | ||||||
30 | by changing Section 4-7 as follows:
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31 | (755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
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32 | Sec. 4-7. Duties of health care providers and others in |
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1 | relation to
health care agencies. Each health care provider and | ||||||
2 | each other person with
whom an agent deals under a health care | ||||||
3 | agency shall be subject to the
following duties and | ||||||
4 | responsibilities:
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5 | (a) It is the responsibility of the agent or patient to | ||||||
6 | notify the
health care provider , including any person licensed | ||||||
7 | under the Funeral Directors and Embalmers Licensing Code, of | ||||||
8 | the existence of the health care agency and any
amendment or | ||||||
9 | revocation thereof. A health care provider furnished with a
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10 | copy of a health care agency shall make it a part of the | ||||||
11 | patient's medical
records and shall enter in the records any | ||||||
12 | change in or termination of the
health care agency by the | ||||||
13 | principal that becomes known to the provider.
Whenever a | ||||||
14 | provider believes a patient may lack capacity to give informed
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15 | consent to health care which the provider deems necessary, the | ||||||
16 | provider
shall consult with any available health care agent | ||||||
17 | known to the provider
who then has power to act for the patient | ||||||
18 | under a health care agency.
| ||||||
19 | (b) A health care decision made by an agent in accordance | ||||||
20 | with the terms
of a health care agency shall be complied with | ||||||
21 | by every health care
provider to whom the decision is | ||||||
22 | communicated, subject to the provider's
right to administer | ||||||
23 | treatment for the patient's comfort care or alleviation
of | ||||||
24 | pain; but if the provider is unwilling to comply with the | ||||||
25 | agent's decision,
the provider shall promptly inform the agent | ||||||
26 | who shall then be responsible
to make the necessary | ||||||
27 | arrangements for the transfer of the patient to
another | ||||||
28 | provider. It is understood that a
provider who is unwilling to | ||||||
29 | comply with the agent's decision will continue
to afford | ||||||
30 | reasonably necessary consultation and care in connection with | ||||||
31 | the transfer.
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32 | (c) At the patient's expense and subject to reasonable | ||||||
33 | rules of the
health care provider to prevent disruption of the | ||||||
34 | patient's health care,
each health care provider shall give an | ||||||
35 | agent authorized to receive
such information under a health | ||||||
36 | care agency the same right the principal
has to examine and |
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1 | copy any part or all of the patient's medical records
that the | ||||||
2 | agent deems relevant to the exercise of the agent's powers,
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3 | whether the records relate to mental health or any other | ||||||
4 | medical condition
and whether they are in the possession of or | ||||||
5 | maintained by any physician,
psychiatrist, psychologist, | ||||||
6 | therapist, hospital, nursing home or other
health care | ||||||
7 | provider.
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8 | (d) If and to the extent a health care agency empowers the | ||||||
9 | agent to (1)
make an anatomical gift on behalf of the principal | ||||||
10 | under the Uniform
Anatomical Gift Act, as now or hereafter | ||||||
11 | amended, or (2) authorize an
autopsy of the principal's body | ||||||
12 | pursuant to Section 2 of "An Act in
relation to autopsy of dead | ||||||
13 | bodies", approved August 13, 1965, as now or
hereafter amended, | ||||||
14 | or (3) direct
the disposition of the principal's remains, the | ||||||
15 | decision by an authorized
agent as to anatomical gift, autopsy
| ||||||
16 | approval or remains disposition shall be deemed the act of the | ||||||
17 | principal
and shall control over the decision of other persons | ||||||
18 | who might otherwise
have priority;
and each person to whom a | ||||||
19 | direction by the agent in accordance with the
terms of the | ||||||
20 | agency is communicated , including any person licensed under the | ||||||
21 | Funeral Directors and Embalmers Licensing Code, shall comply | ||||||
22 | with such direction.
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23 | (Source: P.A. 86-736.)
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