Rep. Jil Tracy

Filed: 4/11/2013

 

 


 

 


 
09800HB2616ham001LRB098 10148 MGM 44280 a

1
AMENDMENT TO HOUSE BILL 2616

2    AMENDMENT NO. ______. Amend House Bill 2616 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on January 1, 2023)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

 

 

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1    connection with the preparing of dead human bodies.
2    Preparation, direction, and supervision shall not be
3    construed to mean those functions normally performed by
4    cemetery and crematory personnel.
5        (b) The practice of operating a place for preparing for
6    the disposition of deceased human bodies or for caring for
7    deceased human bodies before their disposition. Nothing in
8    this Code shall prohibit the ownership and management of
9    such a place by an unlicensed owner if the place is
10    operated in accordance with this Code and the unlicensed
11    owner does not engage in any form of funeral directing. An
12    unlicensed owner may interact with consumers while a
13    licensed funeral director is present in accordance with
14    this Section.
15        (c) The removal of a deceased human body from its place
16    of death, institution, or other location. A licensed
17    funeral director and embalmer intern may remove a deceased
18    human body from its place of death, institution, or other
19    location without another licensee being present. The
20    licensed funeral director may engage others who are not
21    licensed funeral directors, licensed funeral director and
22    embalmers, or licensed funeral director and embalmer
23    interns to assist in the removal if the funeral director
24    directs and instructs them in handling and precautionary
25    procedures and accompanies them on all calls. The
26    transportation of deceased human remains to a cemetery,

 

 

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1    crematory or other place of final disposition shall be
2    under the immediate direct supervision of a licensee unless
3    otherwise permitted by this Section. The transportation of
4    deceased human remains that are embalmed or otherwise
5    prepared and enclosed in an appropriate container to some
6    other place that is not the place of final disposition,
7    such as another funeral home or common carrier, or to a
8    facility that shares common ownership with the
9    transporting funeral home may be performed under the
10    general supervision of a licensee, but the supervision need
11    not be immediate or direct.
12        (d) The administering and conducting of, or assuming
13    responsibility for administering and conducting of, at
14    need funeral arrangements.
15        (e) The assuming custody of, transportation, providing
16    shelter, protection and care and disposition of deceased
17    human remains and the furnishing of necessary funeral
18    services, facilities and equipment.
19        (f) Using in connection with a name or practice the
20    word "funeral director", "undertaker", "mortician",
21    "funeral home", "funeral parlor", "funeral chapel", or any
22    other title implying that the person is engaged in the
23    practice of funeral directing.
24    Within the existing scope of the practice of funeral
25directing or funeral directing and embalming, only a licensed
26funeral director, a licensed funeral director and embalmer, or

 

 

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1a licensed funeral director and embalmer intern under the
2restrictions provided for in this Code, and not any other
3person employed or contracted by the licensee, may engage in
4the following activities at-need: (1) have direct contact with
5consumers and explain funeral or burial merchandise or services
6or (2) negotiate, develop, or finalize contracts with
7consumers. This paragraph shall not be construed or enforced in
8such a manner as to limit the functions of persons regulated
9under the Illinois Funeral or Burial Funds Act, the Illinois
10Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
11Cemetery Care Act, the Cemetery Association Act, the Illinois
12Insurance Code, or any other related professional regulatory
13Act.
14    The practice of funeral directing shall not include the
15phoning in of obituary notices, ordering of flowers for the
16funeral, or reporting of prices on the firm's general price
17list as required by the Federal Trade Commission Funeral Rule
18by nonlicensed persons, or like clerical tasks incidental to
19the act of making funeral arrangements.
20    The making of funeral arrangements, at need, shall be done
21only by licensed funeral directors or licensed funeral
22directors and embalmers. Licensed funeral director and
23embalmer interns may, however, assist or participate in the
24arrangements under the direct supervision of a licensed funeral
25director or licensed funeral director and embalmer.
26(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)".