| ||||
| Public Act 102-0824 | ||||
| ||||
| ||||
AN ACT concerning health.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Crematory Regulation Act is amended by | ||||
changing Sections 20, 25, 35, and 55 as follows:
| ||||
(410 ILCS 18/20)
| ||||
(Section scheduled to be repealed on January 1, 2024) | ||||
Sec. 20. Authorization to cremate.
| ||||
(a) A crematory authority shall not cremate human remains | ||||
until it
has received all of the following:
| ||||
(1) A cremation authorization form signed, in either | ||||
paper or electronic format, by an authorizing agent. The
| ||||
cremation authorization form shall be provided by the | ||||
crematory authority and
shall contain, at a minimum, the | ||||
following information:
| ||||
(A) The identity of the human remains and the time | ||||
and date of death.
| ||||
(B) The name of the funeral director and funeral | ||||
establishment, if applicable, that
obtained the | ||||
cremation authorization.
| ||||
(C) Notification as to whether the death occurred | ||||
from a disease
declared by the Department of Health to | ||||
be infectious, contagious,
communicable, or dangerous | ||||
to the public health.
| ||
(D) The name of the authorizing agent and the
| ||
relationship between the authorizing agent and the | ||
decedent.
| ||
(E) A representation that the authorizing agent | ||
does in fact have the
right to authorize the cremation | ||
of the decedent, and that the authorizing
agent is not | ||
aware of any living person who has a superior priority | ||
right
to that of the authorizing agent, as set forth in | ||
Section 15. In the
event there is another living | ||
person who has a superior priority
right to that of the | ||
authorizing agent, the form shall contain a | ||
representation
that the authorizing agent has made all | ||
reasonable efforts to contact that
person, has been | ||
unable to do so, and has no reason to
believe that the | ||
person would object to the cremation of the decedent.
| ||
(F) Authorization for the crematory authority to | ||
cremate the human
remains.
| ||
(G) A representation that the human remains do not | ||
contain a pacemaker
or any other material or implant | ||
that may be potentially hazardous or cause
damage to | ||
the cremation chamber or the person performing the | ||
cremation.
| ||
(H) The name of the person authorized to receive | ||
the cremated remains
from the crematory authority.
| ||
(I) The manner in which final disposition of the | ||
cremated remains is to
take place, if known. If the | ||
cremation authorization form does not specify
final | ||
disposition in a grave, crypt, niche, or scattering | ||
area, then the form
may indicate that the cremated | ||
remains will be held by the crematory authority
for 30 | ||
days before they are released, unless they are picked | ||
up from the
crematory authority prior to that time, in | ||
person, by the authorizing agent. At
the end of the 30 | ||
days the crematory authority may return the cremated | ||
remains
to the authorizing agent if no final | ||
disposition arrangements are
made; or at the end of 60 | ||
days the crematory authority may dispose of the
| ||
cremated remains in accordance with subsection (d) of | ||
Section 40.
| ||
(J) A listing of any items of value to be delivered | ||
to the crematory
authority along with the human | ||
remains, and instructions as to how the items
should | ||
be handled.
| ||
(K) A specific statement as to whether the | ||
authorizing agent has made
arrangements for any type | ||
of viewing of the decedent before cremation, or for
a | ||
service with the decedent present before cremation in | ||
connection with the
cremation, and if so, the date and | ||
time of the viewing or service and whether
the | ||
crematory authority is authorized to proceed with the | ||
cremation upon
receipt of the human remains.
| ||
(L) The signature, in either paper or electronic | ||
format, of the authorizing agent, attesting to
the | ||
accuracy of all representations contained on the | ||
cremation authorization
form, except as set forth in | ||
paragraph (M) of this subsection.
| ||
(M) If a cremation authorization form is being | ||
executed on a pre-need
basis, the cremation | ||
authorization form shall contain the disclosure | ||
required
by subsection (b) of Section 140.
| ||
(N) The cremation authorization form, other than | ||
pre-need cremation
forms, shall also be signed, in | ||
either paper or electronic format, by a funeral | ||
director or other representative of
the funeral | ||
establishment that obtained the cremation | ||
authorization. That
individual shall merely execute | ||
the cremation authorization form as a witness
and | ||
shall not be responsible for any of the | ||
representations made by the
authorizing agent, unless | ||
the individual has actual knowledge to the contrary.
| ||
The information requested by items (A), (B), (C) and | ||
(G) of this subsection,
however, shall be considered | ||
to be representations of the authorizing agent.
In | ||
addition, the funeral director or funeral | ||
establishment shall warrant to the
crematory that the | ||
human remains delivered to the crematory authority are | ||
the
human remains identified on the cremation | ||
authorization form.
| ||
(2) A completed and executed burial transit permit | ||
indicating that the
human remains are to be cremated.
| ||
(3) Any other documentation required by this State.
| ||
(b) If an authorizing agent is not available to execute a | ||
cremation
authorization form in person, that person may | ||
delegate that authority to
another person in writing, or by | ||
sending the crematory authority a facsimile
transmission that | ||
contains the name, address, and relationship of the sender to
| ||
the decedent and the name and address of the individual to whom | ||
authority is
delegated. Upon receipt of the written document, | ||
or facsimile
transmission, telegram, or other electronic | ||
telecommunications transmission
which specifies the individual | ||
to whom authority has been delegated, the
crematory authority | ||
shall allow this individual to serve as the authorizing
agent | ||
and to execute the cremation authorization form. The crematory
| ||
authority shall be entitled to rely upon the cremation | ||
authorization form
without liability.
| ||
(c) An authorizing agent who signs, in either paper or | ||
electronic format, a cremation authorization form shall be
| ||
deemed to warrant the truthfulness of any facts set forth on | ||
the cremation
authorization form, including that person's | ||
authority to order the cremation;
except for the information | ||
required by items (C) and (G) of paragraph (1) of
subsection | ||
(a) of this Section, unless the authorizing agent has actual
| ||
knowledge to the contrary. An authorizing agent signing, in | ||
either paper or electronic format, a cremation
authorization | ||
form shall be personally and individually liable for all | ||
damages
occasioned by and resulting from authorizing the | ||
cremation.
| ||
(d) A crematory authority shall have authority to cremate | ||
human remains upon
the receipt of a cremation authorization | ||
form signed, in either paper or electronic format, by an | ||
authorizing agent.
There shall be no liability for a crematory | ||
authority that cremates human
remains according to an | ||
authorization, or that releases or disposes of the
cremated | ||
remains according to an authorization, except for a crematory
| ||
authority's gross negligence, provided that the crematory | ||
authority performs
its functions in compliance with this Act.
| ||
(e) After an authorizing agent has executed a cremation | ||
authorization form,
the authorizing agent may revoke the | ||
authorization and instruct the crematory
authority to cancel | ||
the cremation and to release or deliver the human remains
to | ||
another crematory authority or funeral establishment. The | ||
instructions
shall be provided to the crematory authority in | ||
writing. A crematory authority
shall honor any instructions | ||
given to it by an authorizing agent under this
Section if it | ||
receives the instructions prior to beginning the cremation of | ||
the
human remains.
| ||
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
| ||
(410 ILCS 18/25)
| ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 25. Recordkeeping.
| ||
(a) The crematory authority shall furnish to the person | ||
who delivers
human remains to the crematory authority a | ||
receipt signed, in either paper or electronic format, at the | ||
time of delivery by both the
crematory authority and the | ||
person who delivers the human remains, showing
the date and | ||
time of the delivery, the type of casket or alternative
| ||
container that was delivered, the name of the person from whom | ||
the human
remains were received and the name of the funeral | ||
establishment or other
entity with whom the person is | ||
affiliated, the name of the person who
received the human | ||
remains on behalf of the crematory authority, and the
name of | ||
the decedent. The crematory shall retain a copy of this | ||
receipt in
its permanent records.
| ||
(b) Upon its release of cremated remains,
the crematory | ||
authority shall furnish to the person who receives the
| ||
cremated remains from the crematory authority a receipt | ||
signed, in either paper or electronic format, by both the
| ||
crematory authority and the person who receives the cremated | ||
remains,
showing the date and time of the release, the name of | ||
the person to whom the
cremated remains were released and the | ||
name of the funeral establishment,
cemetery, or other entity | ||
with whom the person is affiliated, the name of
the person who | ||
released the cremated remains on behalf of the crematory
| ||
authority, and the name of the decedent. The crematory shall | ||
retain a copy
of this receipt in its permanent records.
| ||
(c) A crematory authority shall maintain at its place of | ||
business a
permanent record of each cremation that took place | ||
at its facility which shall
contain the name of the decedent, | ||
the date of the cremation, and the final
disposition of the | ||
cremated remains.
| ||
(d) The crematory authority shall maintain a record of all | ||
cremated remains
disposed of by the crematory authority in | ||
accordance with subsection (d) of
Section 40.
| ||
(e) Upon completion of the cremation, the crematory | ||
authority shall file the
burial transit permit as required by | ||
the Illinois Vital Records Act and rules adopted under that | ||
Act and the Illinois Counties Code, and transmit a photocopy | ||
of the
burial transit permit along with the cremated remains | ||
to whoever receives the
cremated remains from the authorizing | ||
agent unless the cremated remains are to
be interred, | ||
entombed, inurned, or placed in a scattering area, in which | ||
case
the crematory authority shall retain a copy of the burial | ||
transit permit and
shall send the permit, along with the | ||
cremated remains, to the cemetery, which
shall file the permit | ||
with the designated agency after the interment,
entombment, | ||
inurnment, or scattering has taken place.
| ||
(f) All cemeteries shall maintain a record of all cremated | ||
remains that are
disposed of on their property, provided that | ||
the cremated remains were
properly transferred to the cemetery | ||
and the cemetery issued a receipt
acknowledging the transfer | ||
of the cremated remains.
| ||
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
| ||
(410 ILCS 18/35)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 35. Cremation procedures.
| ||
(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
cremation.
| ||
(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
| ||
delay in
cremation if a properly authorized cremation is not | ||
performed within any time
period expressly
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
body fluids.
| ||
(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
accepting delivery.
| ||
(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. 96-338, eff. 1-1-10.)
| ||
(410 ILCS 18/55)
| ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 55. Penalties. Violations of this Act shall be | ||
punishable as follows:
| ||
(1) Performing a cremation without receipt of a | ||
cremation
authorization form signed, in either paper or | ||
electronic format, by an authorizing agent shall be a | ||
Class 4 felony.
| ||
(2) Signing, in either paper or electronic format, a | ||
cremation authorization form with the actual
knowledge | ||
that the form contains false or incorrect information | ||
shall be a
Class 4 felony.
| ||
(3) A Violation of any cremation procedure set forth | ||
in Section 35
shall be a Class 4 felony.
| ||
(4) Holding oneself out to the public as a crematory | ||
authority, or the
operation of a building or structure | ||
within this State as a crematory, without
being licensed | ||
under this Act, shall be a Class A
misdemeanor.
| ||
(4.5) Performance of a cremation service by a person
| ||
who has not
completed a training program as defined in | ||
Section 22 of this Act
shall be a Class A misdemeanor.
| ||
(4.10) Any person who intentionally violates a | ||
provision of this Act or a
final order of the Comptroller | ||
is liable for a civil penalty not to exceed $5,000
per
| ||
violation.
| ||
(4.15) Any person who knowingly acts without proper | ||
legal authority and
who
willfully and knowingly destroys | ||
or damages the remains of a deceased human
being or who | ||
desecrates human remains is guilty of a Class 3 felony.
| ||
(5) A violation of any other provision of this
Act | ||
shall be a Class B misdemeanor.
| ||
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
| ||