HB2616 EnrolledLRB098 10148 MGM 40307 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Funeral Directors and Embalmers Licensing
5Code 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7    (Section scheduled to be repealed on January 1, 2023)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
9engaging in or representing or holding out oneself as
10conducting or engaged in any one or any combination of the
11following practices constitutes the practice of funeral
12directing:
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
18directing or funeral directing and embalming, only a licensed
19funeral director, a licensed funeral director and embalmer, or
20a licensed funeral director and embalmer intern under the
21restrictions provided for in this Code, and not any other
22person employed or contracted by the licensee, may engage in
23the following activities at-need: (1) have direct contact with
24consumers and explain funeral or burial merchandise or services
25or (2) negotiate, develop, or finalize contracts with
26consumers. This paragraph shall not be construed or enforced in

 

 

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1such a manner as to limit the functions of persons regulated
2under the Illinois Funeral or Burial Funds Act, the Illinois
3Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
4Cemetery Care Act, the Cemetery Association Act, the Illinois
5Insurance Code, or any other related professional regulatory
6Act.
7    The practice of funeral directing shall not include the
8phoning in of obituary notices, ordering of flowers for the
9funeral, or reporting of prices on the firm's general price
10list as required by the Federal Trade Commission Funeral Rule
11by nonlicensed persons, or like clerical tasks incidental to
12the act of making funeral arrangements.
13    The making of funeral arrangements, at need, shall be done
14only by licensed funeral directors or licensed funeral
15directors and embalmers. Licensed funeral director and
16embalmer interns may, however, assist or participate in the
17arrangements under the direct supervision of a licensed funeral
18director or licensed funeral director and embalmer.
19(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)