Illinois General Assembly - Bill Status for HB6420

Replaces everything after the enacting clause. Amends the Funeral Directors and Embalmers Licensing Code. Deletes all references and provisions related to customer service employees. Provides additional practices that constitute the practice of funeral directing or funeral directing and embalming. Makes changes to provisions concerning the removal of a deceased human body from its place of death, institution, or other location. Provides that a licensed funeral director and embalmer intern may assist and participate in the funeral arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer. Provides that the Department shall establish by rule an exemption or exception, for a limited period of time, for licensees who for certain specified reasons should reasonably be excused from the continuing education requirement upon the approval of the Secretary. Provides that the Secretary may remove any member of the Board for reasons prescribed by law for removal of State officials, or for misconduct, incompetence, neglect of duty, or failing to attend 2 consecutive Board meetings. Provides that 4 members of the Board shall constitute a quorum and that a quorum is required for Board decisions. Sets out provisions concerning the powers of the Department, address of record, display of license, denial of license, exemptions, appointment of hearing officers, consent orders, findings and recommendations of the Board, rehearings, orders or certified copies, injunctive relief, method of payment of receipt, denial of licenses, conflicts of interest, the Civil Administrative Code, rules, and home rule. Increases maximum amount that Department may fine for a violation from $1,000 to $10,000. Provides additional grounds for discipline. Provides that in all instances where the place of final disposition of a deceased human body or the cremated remains of a deceased human body is a cemetery, the licensed funeral director and embalmer, or funeral director, who has been engaged to provide funeral and embalming services shall remain at the cemetery and personally witness the placement of the human remains in their designated grave or the sealing of the above ground depository, crypt, or urn. Provides that a licensed funeral director or licensed funeral director and embalmer may designate an licensed intern or a representative of the funeral home to be his or her witness. Defines "address of record", "Certificate of Death", "licensee", and "Secretary". Makes changes to the definition of "applicant" and "person". Makes other changes. Also makes technical changes.

In provisions defining the practice of funeral directing and funeral directing and embalming, provides that within the existing scope of practice, only a licensed funeral director, licensed funeral director and embalmer, or licensed intern under the restrictions provided for in the Code 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. Specifies that the Department may adopt rules for all preparation room equipment and facility requirements with the consultation of the Board. In a provision concerning grounds for discipline, provides that nothing in the provision shall be construed or enforced to (i) give a funeral director and embalmer, or his or her designees, authority over the operation of a cemetery or over cemetery employees or (ii) impose duties or penalties on cemeteries with respect to the timing of the placement of human remains in their designated grave or the sealing of the above ground depository, crypt, or urn due to patron safety, the allocation of cemetery staffing, liability insurance, a collective bargaining agreement, or other such reasons.

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