Full Text of HB2616 98th General Assembly
HB2616eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Funeral Directors and Embalmers Licensing | 5 | | Code is amended by changing Section 1-15 as follows: | 6 | | (225 ILCS 41/1-15) | 7 | | (Section scheduled to be repealed on January 1, 2023) | 8 | | Sec. 1-15. Funeral directing; definition. Conducting
or | 9 | | engaging in or representing or holding out oneself as
| 10 | | conducting or engaged in any one or any combination of the | 11 | | following
practices constitutes the practice of funeral | 12 | | directing: | 13 | | (a) The practice of preparing, otherwise than by | 14 | | embalming, for the
burial, cremation, or disposition and | 15 | | directing and supervising the burial or disposition
of | 16 | | deceased human remains or performing any act or service in
| 17 | | connection with the preparing of dead human bodies. | 18 | | Preparation,
direction, and supervision shall not be | 19 | | construed to mean those functions
normally performed by | 20 | | cemetery and crematory personnel. | 21 | | (b) The practice of operating a place for preparing for | 22 | | the disposition
of deceased human bodies or for caring for | 23 | | deceased human
bodies before their disposition. Nothing in |
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| 1 | | this Code shall prohibit
the ownership and management of | 2 | | such a place by an unlicensed owner
if the place is | 3 | | operated in accordance with this Code and the unlicensed | 4 | | owner
does not engage in any form of funeral directing. An | 5 | | unlicensed owner may interact with consumers while a | 6 | | licensed funeral director is present in accordance with | 7 | | this Section. | 8 | | (c) The removal of a deceased human body from its place | 9 | | of death,
institution, or other location. A licensed | 10 | | funeral director and embalmer intern may remove a deceased | 11 | | human body from its place of death, institution, or other | 12 | | location without another licensee being present. The | 13 | | licensed funeral director may engage
others who are not | 14 | | licensed funeral directors, licensed funeral director and | 15 | | embalmers, or licensed funeral director and embalmer | 16 | | interns to assist in the removal if the
funeral director | 17 | | directs and instructs them in handling and precautionary
| 18 | | procedures and accompanies them on all calls. The | 19 | | transportation of deceased
human remains to a cemetery, | 20 | | crematory or other place of final disposition
shall be | 21 | | under the immediate direct supervision of a licensee unless | 22 | | otherwise
permitted by this Section. The transportation of | 23 | | deceased human remains that
are embalmed or otherwise | 24 | | prepared and enclosed in an appropriate container to
some | 25 | | other place that is not the place of final disposition, | 26 | | such as another
funeral home or common carrier, or to a |
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| 1 | | facility that shares common
ownership with the | 2 | | transporting funeral home may be performed under the
| 3 | | general supervision of a licensee, but the supervision need | 4 | | not be immediate
or direct. | 5 | | (d) The administering and conducting of, or assuming | 6 | | responsibility for
administering and conducting of, at | 7 | | need funeral arrangements. | 8 | | (e) The assuming custody of, transportation, providing | 9 | | shelter,
protection and care and disposition of deceased | 10 | | human remains and the
furnishing of necessary funeral | 11 | | services, facilities and equipment. | 12 | | (f) Using in connection with a name or practice the | 13 | | word "funeral
director", "undertaker", "mortician", | 14 | | "funeral home", "funeral parlor",
"funeral chapel", or any | 15 | | other title implying that the person is engaged in the
| 16 | | practice of funeral directing. | 17 | | Within the existing scope of the practice of funeral | 18 | | directing or funeral directing and embalming, only a licensed | 19 | | funeral director, a licensed funeral director and embalmer, or | 20 | | a licensed funeral director and embalmer intern under the | 21 | | restrictions provided for in this Code, and not any other | 22 | | person employed or contracted by the licensee, may engage in | 23 | | the following activities at-need: (1) have direct contact with | 24 | | consumers and explain funeral or burial merchandise or services | 25 | | or (2) negotiate, develop, or finalize contracts with | 26 | | consumers. This paragraph shall not be construed or enforced in |
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| 1 | | such a manner as to limit the functions of persons regulated | 2 | | under the Illinois Funeral or Burial Funds Act, the Illinois | 3 | | Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the | 4 | | Cemetery Care Act, the Cemetery Association Act, the Illinois | 5 | | Insurance Code, or any other related professional regulatory | 6 | | Act. | 7 | | The practice of funeral directing shall not include the
| 8 | | phoning in of obituary notices, ordering of flowers for the | 9 | | funeral,
or reporting of prices on the firm's general price | 10 | | list as required
by the Federal Trade Commission Funeral Rule | 11 | | by nonlicensed
persons, or like
clerical tasks incidental to | 12 | | the act of making funeral arrangements. | 13 | | The making of funeral arrangements, at need, shall be done | 14 | | only by
licensed funeral directors or licensed funeral | 15 | | directors and embalmers. Licensed funeral director and | 16 | | embalmer interns may, however, assist or participate in the | 17 | | arrangements under the direct supervision of a licensed funeral | 18 | | director or licensed funeral director and embalmer. | 19 | | (Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12 .)
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