Illinois Compiled Statutes
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410 ILCS 18/35
(410 ILCS 18/35)
(Section scheduled to be repealed on January 1, 2024)
(a) Human remains shall not be cremated within 24
hours after the time of death, as indicated on the Medical
Examiner's/Coroner's Certificate of Death. In any death, the human remains
shall not be cremated by the crematory authority until a cremation permit has
been received from the coroner or medical examiner of the county in which the
death occurred and the crematory authority has received a cremation
authorization form, executed by an authorizing agent, in accordance with the
provisions of Section 15 of this Act. In no instance, however, shall the lapse
of time between the death and the cremation be less than 24 hours, unless (i)
it is known the deceased has an infectious or dangerous disease and that the
time requirement is waived in writing by the medical examiner or coroner where
the death occurred or (ii) because of a religious requirement.
(b) Except as set forth in subsection (a) of this Section,
a crematory authority shall have the right to schedule the actual cremation
to be performed at its own convenience, at any time after the human remains
have been delivered to the crematory authority, unless the crematory
authority has received specific instructions to the contrary on the
cremation authorization form.
(c) No crematory authority shall cremate human remains when it has actual
knowledge that human remains contain a pacemaker or any other material or
implant that may be potentially hazardous to the person performing the
(d) No crematory authority shall refuse to accept human remains for
cremation because such human remains are not embalmed.
(e) Whenever a crematory authority is unable or unauthorized to cremate
human remains immediately upon taking custody of the remains, the crematory
authority shall place the human remains in a holding facility in accordance
with the crematory authority's rules and regulations.
The crematory authority must notify the authorizing agent of the reasons for
cremation if a properly authorized cremation is not performed within any time
contemplated in the authorization.
(f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the leakage of
(g) The casket or the alternative container shall be cremated with
the human remains or destroyed, unless the crematory authority has notified the
authorizing agent to the contrary on the cremation authorization form and
obtained the written consent of the authorizing agent.
(h) The simultaneous cremation of the human remains of more than one person
within the same cremation chamber, without the prior written consent of the
authorizing agent, is prohibited except for common cremation pursuant to Section 11.4 of the Hospital Licensing Act. Nothing in this subsection, however, shall
prevent the simultaneous cremation within the same cremation chamber of body
parts delivered to the crematory authority from multiple sources, or the use of
cremation equipment that contains more than one cremation chamber.
(i) No unauthorized person shall be permitted in the holding facility or
cremation room while any human remains are being held there awaiting
cremation, being cremated, or being removed from the cremation chamber.
(j) A crematory authority shall not remove any dental gold, body parts,
organs, or any item of value prior to or subsequent to a cremation without
previously having received specific written authorization from the
authorizing agent and written instructions for the delivery of these items
to the authorizing agent. Under no circumstances shall a crematory authority
profit from making or assisting in any removal of valuables.
(k) Upon the completion of each cremation, and insofar as is practicable,
all of the recoverable residue of the cremation process shall be removed from
the cremation chamber.
(l) If all of the recovered cremated remains will
not fit within the receptacle that has been selected, the remainder of the
cremated remains shall be returned to the authorizing agent or the agent's
designee in a separate container. The crematory authority shall not return
to an authorizing agent or the agent's designee more or less cremated
remains than were removed from the cremation chamber.
(m) A crematory authority shall not knowingly represent to an
authorizing agent or the agent's designee that a temporary container or
urn contains the cremated remains of a specific decedent when it does not.
(n) Cremated remains shall be shipped only by a method that has an internal
tracing system available and that provides a receipt signed, in either paper or electronic format, by the person
(o) A crematory authority shall maintain an identification system that shall
ensure that it shall be able to identify the human remains in its possession
throughout all phases of the cremation process.
(Source: P.A. 102-824, eff. 1-1-23