Full Text of HB4548 93rd General Assembly
HB4548 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4548
Introduced 02/03/04, by Thomas Holbrook SYNOPSIS AS INTRODUCED: |
|
225 ILCS 41/15-75 |
|
410 ILCS 50/3.2 |
from Ch. 111 1/2, par. 5403.2 |
755 ILCS 45/4-7 |
from Ch. 110 1/2, par. 804-7 |
|
Amends the Funeral Directors and Embalmers Licensing Code. Provides that it is grounds for discipline for any funeral director or embalmer to fail to comply with a power of attorney for health care. Amends the Medical Patient Rights Act. Provides that a patient who is incapacitated or unable to communicate, may authorize visitors by executing a letter, form, or other document. Amends the Illinois Power of Attorney Act. Provides that any person licensed under the Funeral Directors and Embalmers Licensing Code must comply with a power of attorney for health care.
|
|
|
|
|
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
HB4548 |
|
LRB093 17022 LCB 42686 b |
|
| 1 |
| AN ACT concerning rights and remedies.
| 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 15-75 as follows:
| 6 |
| (225 ILCS 41/15-75)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 15-75. Violations; grounds for discipline; penalties.
| 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.
| 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.
| 18 |
| (2) Serving as an intern under a licensed funeral
| 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.
| 22 |
| (3) Obtaining or attempting to obtain a license, | 23 |
| practice or business,
or any other thing of value, by fraud | 24 |
| or misrepresentation.
| 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.
| 30 |
| (5) Failing to display a license as required by this | 31 |
| Code.
| 32 |
| (6) Giving false information or making a false oath or |
|
|
|
HB4548 |
- 2 - |
LRB093 17022 LCB 42686 b |
|
| 1 |
| affidavit
required by this Code.
| 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.
| 7 |
| (1) Obtaining or attempting to obtain a license by | 8 |
| fraud or
misrepresentation.
| 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.
| 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.
| 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.
| 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 |
|
|
|
HB4548 |
- 3 - |
LRB093 17022 LCB 42686 b |
|
| 1 |
| director and embalmer, funeral director, or funeral
| 2 |
| director and embalmer intern in violation of any laws of | 3 |
| the
State
of Illinois.
| 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.
| 8 |
| (9) Taking undue advantage of a client or clients as to | 9 |
| amount to the
perpetration of fraud.
| 10 |
| (10) Engaging in funeral directing and embalming or | 11 |
| funeral
directing without a license.
| 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
| 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.
| 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.
| 24 |
| (13) Continued practice by a person having an | 25 |
| infectious or contagious disease.
| 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
| 31 |
| embalming is required by State or local law.
| 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.
| 35 |
| (16) Soliciting human bodies after death or while death | 36 |
| is imminent.
|
|
|
|
HB4548 |
- 4 - |
LRB093 17022 LCB 42686 b |
|
| 1 |
| (17) Performing any act or practice that is a violation
| 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.
| 9 |
| (19) Engaging in unethical or unprofessional conduct | 10 |
| of a character
likely to deceive, defraud or harm the | 11 |
| public.
| 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.
| 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
| 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.
| 29 |
| (22) Directly or indirectly receiving compensation for | 30 |
| any professional
services not actually performed.
| 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.
| 34 |
| (24) Treating any person differently to his detriment | 35 |
| because of
race, color, creed, gender, religion, or | 36 |
| national origin.
|
|
|
|
HB4548 |
- 5 - |
LRB093 17022 LCB 42686 b |
|
| 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.
| 5 |
| (26) Knowingly making or filing false records or | 6 |
| reports in the practice
of funeral directing and embalming.
| 7 |
| (27) Failing to acquire continuing education required | 8 |
| under this Code.
| 9 |
| (28) Failing to comply with any of the following | 10 |
| required activities:
| 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.
| 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.
| 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 |
|
|
|
HB4548 |
- 6 - |
LRB093 17022 LCB 42686 b |
|
| 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
| 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.
| 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.
| 21 |
| (30) Violation of any final administrative action of | 22 |
| the Director.
| 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.
| 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 |
|
|
|
HB4548 |
- 7 - |
LRB093 17022 LCB 42686 b |
|
| 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.
| 4 |
| (Source: P.A. 93-268, eff. 1-1-04.)
| 5 |
| Section 10. The Medical Patient Rights Act is amended by | 6 |
| changing Section 3.2 as follows:
| 7 |
| (410 ILCS 50/3.2) (from Ch. 111 1/2, par. 5403.2)
| 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
| 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.
| 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.
| 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.
| 28 |
| (Source: P.A. 87-651.)
| 29 |
| Section 15. The Illinois Power of Attorney Act is amended | 30 |
| by changing Section 4-7 as follows:
| 31 |
| (755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
| 32 |
| Sec. 4-7. Duties of health care providers and others in |
|
|
|
HB4548 |
- 8 - |
LRB093 17022 LCB 42686 b |
|
| 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:
| 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
| 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
| 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.
| 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 |
|
|
|
HB4548 |
- 9 - |
LRB093 17022 LCB 42686 b |
|
| 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,
| 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.
| 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.
| 23 |
| (Source: P.A. 86-736.)
|
|