98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4202

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 41/15-57 new
225 ILCS 41/15-75

    Amends the Funeral Directors and Embalmers Licensing Code. Provides that a licensee, or anyone else lawfully permitted to do so under the Code, shall either embalm or refrigerate a deceased human body if the funeral establishment has been in possession of the body for more than 48 hours and has not received any instruction from the person making the funeral arrangements regarding how the body is to be disposed of. Further provides that, at the time funeral arrangements are made, a licensee shall disclose on the written statement of services provided to the person making the funeral arrangements that it is required to embalm or refrigerate the body after 48 hours.


LRB098 14813 ZMM 49764 b

 

 

A BILL FOR

 

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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 adding Section 15-57 and changing Section
615-75 as follows:
 
7    (225 ILCS 41/15-57 new)
8    Sec. 15-57. Embalming or refrigeration after 48 hours.
9    (a) The licensee, or anyone else lawfully permitted to do
10so under this Code, shall either embalm or refrigerate a
11deceased human body that is removed from the place of death by
12an authorized licensee and transported to the funeral
13establishment where it is to be prepared for final disposition
14after 48 hours have passed since the body's arrival at the
15funeral establishment. A funeral establishment shall only
16embalm or refrigerate a body under this Section if it does not
17receive instruction from the person making the funeral
18arrangements regarding how the body is to be disposed of within
19this 48-hour time period.
20    (b) In addition to the disclosures required under
21subparagraph (C) of paragraph (36) of subsection (b) of Section
2215-75 of this Code, a licensee shall clearly disclose on the
23written statement of services furnished to the person making

 

 

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1the funeral arrangements that it is required to embalm or
2refrigerate a deceased human body after 48 hours under this
3Section. The disclosure shall be made in writing and must
4appear directly next to the prices charged by the funeral
5establishment for embalming and refrigeration. The funeral
6establishment may not charge the person making the arrangements
7for the costs associated with embalming or refrigeration
8performed pursuant to this Section if this disclosure is not
9made.
 
10    (225 ILCS 41/15-75)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 15-75. Violations; grounds for discipline; penalties.
13    (a) Each of the following acts is a Class A misdemeanor for
14the first offense, and a Class 4 felony for each subsequent
15offense. These penalties shall also apply to unlicensed owners
16of funeral homes.
17        (1) Practicing the profession of funeral directing and
18    embalming or funeral directing, or attempting to practice
19    the profession of funeral directing and embalming or
20    funeral directing without a license as a funeral director
21    and embalmer or funeral director.
22        (2) Serving or attempting to serve as an intern under a
23    licensed funeral director and embalmer without a license as
24    a licensed funeral director and embalmer intern.
25        (3) Obtaining or attempting to obtain a license,

 

 

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1    practice or business, or any other thing of value, by fraud
2    or misrepresentation.
3        (4) Permitting any person in one's employ, under one's
4    control or in or under one's service to serve as a funeral
5    director and embalmer, funeral director, or funeral
6    director and embalmer intern when the person does not have
7    the appropriate license.
8        (5) Failing to display a license as required by this
9    Code.
10        (6) Giving false information or making a false oath or
11    affidavit required by this Code.
12    (b) The Department may refuse to issue or renew, revoke,
13suspend, place on probation or administrative supervision,
14reprimand, or take other disciplinary or non-disciplinary
15action as the Department may deem appropriate, including
16imposing fines not to exceed $10,000 for each violation, with
17regard to any license under the Code for any one or combination
18of the following:
19        (1) Fraud or any misrepresentation in applying for or
20    procuring a license under this Code or in connection with
21    applying for renewal of a license under this Code.
22        (2) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or by
24    sentencing of any crime, including, but not limited to,
25    convictions, preceding sentences of supervision,
26    conditional discharge, or first offender probation, under

 

 

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1    the laws of any jurisdiction of the United States: (i) that
2    is a felony or (ii) that is a misdemeanor, an essential
3    element of which is dishonesty, or that is directly related
4    to the practice of the profession.
5        (3) Violation of the laws of this State relating to the
6    funeral, burial or disposition of deceased human bodies or
7    of the rules and regulations of the Department, or the
8    Department of Public Health.
9        (4) Directly or indirectly paying or causing to be paid
10    any sum of money or other valuable consideration for the
11    securing of business or for obtaining authority to dispose
12    of any deceased human body.
13        (5) Professional incompetence, gross negligence,
14    malpractice, or untrustworthiness in the practice of
15    funeral directing and embalming or funeral directing.
16        (6) (Blank).
17        (7) Engaging in, promoting, selling, or issuing burial
18    contracts, burial certificates, or burial insurance
19    policies in connection with the profession as a funeral
20    director and embalmer, funeral director, or funeral
21    director and embalmer intern in violation of any laws of
22    the State of Illinois.
23        (8) Refusing, without cause, to surrender the custody
24    of a deceased human body upon the proper request of the
25    person or persons lawfully entitled to the custody of the
26    body.

 

 

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1        (9) Taking undue advantage of a client or clients as to
2    amount to the perpetration of fraud.
3        (10) Engaging in funeral directing and embalming or
4    funeral directing without a license.
5        (11) Encouraging, requesting, or suggesting by a
6    licensee or some person working on his behalf and with his
7    consent for compensation that a person utilize the services
8    of a certain funeral director and embalmer, funeral
9    director, or funeral establishment unless that information
10    has been expressly requested by the person. This does not
11    prohibit general advertising or pre-need solicitation.
12        (12) Making or causing to be made any false or
13    misleading statements about the laws concerning the
14    disposition of human remains, including, but not limited
15    to, the need to embalm, the need for a casket for cremation
16    or the need for an outer burial container.
17        (13) (Blank).
18        (14) Embalming or attempting to embalm a deceased human
19    body without express prior authorization of the person
20    responsible for making the funeral arrangements for the
21    body. This does not apply to cases where embalming is
22    directed by local authorities who have jurisdiction or when
23    embalming is required by Section 15-57 of this Code or any
24    other applicable State or local law. A licensee may embalm
25    without express prior authorization if a good faith effort
26    has been made to contact family members and has been

 

 

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1    unsuccessful and the licensee has no reason to believe the
2    family opposes embalming.
3        (15) Making a false statement on a Certificate of Death
4    where the person making the statement knew or should have
5    known that the statement was false.
6        (16) Soliciting human bodies after death or while death
7    is imminent.
8        (17) Performing any act or practice that is a violation
9    of this Code, the rules for the administration of this
10    Code, or any federal, State or local laws, rules, or
11    regulations governing the practice of funeral directing or
12    embalming.
13        (18) Performing any act or practice that is a violation
14    of Section 2 of the Consumer Fraud and Deceptive Business
15    Practices Act.
16        (19) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud or harm the public.
19        (20) Taking possession of a dead human body without
20    having first obtained express permission from the person
21    holding the right to control the disposition in accordance
22    with Section 5 of the Disposition of Remains Act or a
23    public agency legally authorized to direct, control or
24    permit the removal of deceased human bodies.
25        (21) Advertising in a false or misleading manner or
26    advertising using the name of an unlicensed person in

 

 

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1    connection with any service being rendered in the practice
2    of funeral directing or funeral directing and embalming.
3    The use of any name of an unlicensed or unregistered person
4    in an advertisement so as to imply that the person will
5    perform services is considered misleading advertising.
6    Nothing in this paragraph shall prevent including the name
7    of any owner, officer or corporate director of a funeral
8    home, who is not a licensee, in any advertisement used by a
9    funeral home with which the individual is affiliated, if
10    the advertisement specifies the individual's affiliation
11    with the funeral home.
12        (22) Charging for professional services not rendered,
13    including filing false statements for the collection of
14    fees for which services are not rendered.
15        (23) Failing to account for or remit any monies,
16    documents, or personal property that belongs to others that
17    comes into a licensee's possession.
18        (24) Treating any person differently to his detriment
19    because of race, color, creed, gender, religion, or
20    national origin.
21        (25) Knowingly making any false statements, oral or
22    otherwise, of a character likely to influence, persuade or
23    induce others in the course of performing professional
24    services or activities.
25        (26) Willfully making or filing false records or
26    reports in the practice of funeral directing and embalming,

 

 

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1    including, but not limited to, false records filed with
2    State agencies or departments.
3        (27) Failing to acquire continuing education required
4    under this Code.
5        (28) (Blank).
6        (29) Aiding or assisting another person in violating
7    any provision of this Code or rules adopted pursuant to
8    this Code.
9        (30) Failing within 10 days, to provide information in
10    response to a written request made by the Department.
11        (31) Discipline by another state, District of
12    Columbia, territory, foreign nation, or governmental
13    agency, if at least one of the grounds for the discipline
14    is the same or substantially equivalent to those set forth
15    in this Section.
16        (32) (Blank).
17        (33) Mental illness or disability which results in the
18    inability to practice the profession with reasonable
19    judgment, skill, or safety.
20        (34) Gross, willful, or continued overcharging for
21    professional services, including filing false statements
22    for collection of fees for which services are not rendered.
23        (35) Physical illness, including, but not limited to,
24    deterioration through the aging process or loss of motor
25    skill which results in a licensee's inability to practice
26    under this Code with reasonable judgment, skill, or safety.

 

 

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1        (36) Failing to comply with any of the following
2    required activities:
3            (A) When reasonably possible, a funeral director
4        licensee or funeral director and embalmer licensee or
5        anyone acting on his or her behalf shall obtain the
6        express authorization of the person or persons
7        responsible for making the funeral arrangements for a
8        deceased human body prior to removing a body from the
9        place of death or any place it may be or embalming or
10        attempting to embalm a deceased human body, unless
11        required by State or local law. This requirement is
12        waived whenever removal or embalming is directed by
13        local authorities who have jurisdiction. If the
14        responsibility for the handling of the remains
15        lawfully falls under the jurisdiction of a public
16        agency, then the regulations of the public agency shall
17        prevail.
18            (B) A licensee shall clearly mark the price of any
19        casket offered for sale or the price of any service
20        using the casket on or in the casket if the casket is
21        displayed at the funeral establishment. If the casket
22        is displayed at any other location, regardless of
23        whether the licensee is in control of that location,
24        the casket shall be clearly marked and the registrant
25        shall use books, catalogues, brochures, or other
26        printed display aids to show the price of each casket

 

 

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1        or service.
2            (C) At the time funeral arrangements are made and
3        prior to rendering the funeral services, a licensee
4        shall furnish a written statement of services to be
5        retained by the person or persons making the funeral
6        arrangements, signed by both parties, that shall
7        contain: (i) the name, address and telephone number of
8        the funeral establishment and the date on which the
9        arrangements were made; (ii) the price of the service
10        selected and the services and merchandise included for
11        that price; (iii) a clear disclosure that, with the
12        exception of embalming or refrigeration performed
13        pursuant to Section 15-57 of this Code, the person or
14        persons making the arrangement may decline and receive
15        credit for any service or merchandise not desired and
16        not required by law or the funeral director or the
17        funeral director and embalmer; (iv) the supplemental
18        items of service and merchandise requested and the
19        price of each item; (v) the terms or method of payment
20        agreed upon; and (vi) a statement as to any monetary
21        advances made by the registrant on behalf of the
22        family. The licensee shall maintain a copy of the
23        written statement of services in its permanent
24        records. All written statements of services are
25        subject to inspection by the Department.
26            (D) In all instances where the place of final

 

 

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1        disposition of a deceased human body or the cremated
2        remains of a deceased human body is a cemetery, the
3        licensed funeral director and embalmer, or licensed
4        funeral director, who has been engaged to provide
5        funeral or embalming services shall remain at the
6        cemetery and personally witness the placement of the
7        human remains in their designated grave or the sealing
8        of the above ground depository, crypt, or urn. The
9        licensed funeral director or licensed funeral director
10        and embalmer may designate a licensed funeral director
11        and embalmer intern or representative of the funeral
12        home to be his or her witness to the placement of the
13        remains. If the cemetery authority, cemetery manager,
14        or any other agent of the cemetery takes any action
15        that prevents compliance with this paragraph (D), then
16        the funeral director and embalmer or funeral director
17        shall provide written notice to the Department within 5
18        business days after failing to comply. If the
19        Department receives this notice, then the Department
20        shall not take any disciplinary action against the
21        funeral director and embalmer or funeral director for a
22        violation of this paragraph (D) unless the Department
23        finds that the cemetery authority, manager, or any
24        other agent of the cemetery did not prevent the funeral
25        director and embalmer or funeral director from
26        complying with this paragraph (D) as claimed in the

 

 

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1        written notice.
2            (E) A funeral director or funeral director and
3        embalmer shall fully complete the portion of the
4        Certificate of Death under the responsibility of the
5        funeral director or funeral director and embalmer and
6        provide all required information. In the event that any
7        reported information subsequently changes or proves
8        incorrect, a funeral director or funeral director and
9        embalmer shall immediately upon learning the correct
10        information correct the Certificate of Death.
11        (37) A finding by the Department that the license,
12    after having his or her license placed on probationary
13    status or subjected to conditions or restrictions,
14    violated the terms of the probation or failed to comply
15    with such terms or conditions.
16        (38) (Blank).
17        (39) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    pursuant to the Abused and Neglected Child Reporting Act
20    and, upon proof by clear and convincing evidence, being
21    found to have caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (40) Habitual or excessive use or abuse of drugs
25    defined in law as controlled substances, alcohol, or any
26    other substance which results in the inability to practice

 

 

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1    with reasonable judgment, skill, or safety.
2        (41) Practicing under a false or, except as provided by
3    law, an assumed name.
4        (42) Cheating on or attempting to subvert the licensing
5    examination administered under this Code.
6    (c) The Department may refuse to issue or renew or may
7suspend without a hearing, as provided for in the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois, the license of any person who fails to file a return,
10to pay the tax, penalty or interest shown in a filed return, or
11to pay any final assessment of tax, penalty or interest as
12required by any tax Act administered by the Illinois Department
13of Revenue, until the time as the requirements of the tax Act
14are satisfied in accordance with subsection (g) of Section
152105-15 of the Department of Professional Regulation Law of the
16Civil Administrative Code of Illinois.
17    (d) No action may be taken under this Code against a person
18licensed under this Code unless the action is commenced within
195 years after the occurrence of the alleged violations. A
20continuing violation shall be deemed to have occurred on the
21date when the circumstances last existed that give rise to the
22alleged violation.
23    (e) Nothing in this Section shall be construed or enforced
24to give a funeral director and embalmer, or his or her
25designees, authority over the operation of a cemetery or over
26cemetery employees. Nothing in this Section shall be construed

 

 

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1or enforced to impose duties or penalties on cemeteries with
2respect to the timing of the placement of human remains in
3their designated grave or the sealing of the above ground
4depository, crypt, or urn due to patron safety, the allocation
5of cemetery staffing, liability insurance, a collective
6bargaining agreement, or other such reasons.
7    (f) All fines imposed under this Section shall be paid 60
8days after the effective date of the order imposing the fine.
9    (g) The Department shall deny a license or renewal
10authorized by this Code to a person who has defaulted on an
11educational loan or scholarship provided or guaranteed by the
12Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with item (5) of subsection
14(g) of Section 2105-15 of the Department of Professional
15Regulation Law of the Civil Administrative Code of Illinois.
16    (h) In cases where the Department of Healthcare and Family
17Services has previously determined a licensee or a potential
18licensee is more than 30 days delinquent in the payment of
19child support and has subsequently certified the delinquency to
20the Department, the Department may refuse to issue or renew or
21may revoke or suspend that person's license or may take other
22disciplinary action against that person based solely upon the
23certification of delinquency made by the Department of
24Healthcare and Family Services in accordance with item (5) of
25subsection (g) of Section 1205-15 of the Department of
26Professional Regulation Law of the Civil Administrative Code of

 

 

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1Illinois.
2    (i) A person not licensed under this Code who is an owner
3of a funeral establishment or funeral business shall not aid,
4abet, assist, procure, advise, employ, or contract with any
5unlicensed person to offer funeral services or aid, abet,
6assist, or direct any licensed person contrary to or in
7violation of any rules or provisions of this Code. A person
8violating this subsection shall be treated as a licensee for
9the purposes of disciplinary action under this Section and
10shall be subject to cease and desist orders as provided in this
11Code, the imposition of a fine up to $10,000 for each violation
12and any other penalty provided by law.
13    (j) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code, as amended, operates as an automatic suspension. The
17suspension may end only upon a finding by a court that the
18licensee is no longer subject to the involuntary admission or
19judicial admission and issues an order so finding and
20discharging the licensee, and upon the recommendation of the
21Board to the Secretary that the licensee be allowed to resume
22his or her practice.
23    (k) In enforcing this Code, the Department, upon a showing
24of a possible violation, may compel an individual licensed to
25practice under this Code, or who has applied for licensure
26under this Code, to submit to a mental or physical examination,

 

 

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1or both, as required by and at the expense of the Department.
2The Department may order the examining physician to present
3testimony concerning the mental or physical examination of the
4licensee or applicant. No information shall be excluded by
5reason of any common law or statutory privilege relating to
6communications between the licensee or applicant and the
7examining physician. The examining physician shall be
8specifically designated by the Department. The individual to be
9examined may have, at his or her own expense, another physician
10of his or her choice present during all aspects of this
11examination. The examination shall be performed by a physician
12licensed to practice medicine in all its branches. Failure of
13an individual to submit to a mental or physical examination,
14when directed, shall result in an automatic suspension without
15hearing.
16    A person holding a license under this Code or who has
17applied for a license under this Code who, because of a
18physical or mental illness or disability, including, but not
19limited to, deterioration through the aging process or loss of
20motor skill, is unable to practice the profession with
21reasonable judgment, skill, or safety, may be required by the
22Department to submit to care, counseling, or treatment by
23physicians approved or designated by the Department as a
24condition, term, or restriction for continued, reinstated, or
25renewed licensure to practice. Submission to care, counseling,
26or treatment as required by the Department shall not be

 

 

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1considered discipline of a license. If the licensee refuses to
2enter into a care, counseling, or treatment agreement or fails
3to abide by the terms of the agreement, the Department may file
4a complaint to revoke, suspend, or otherwise discipline the
5license of the individual. The Secretary may order the license
6suspended immediately, pending a hearing by the Department.
7Fines shall not be assessed in disciplinary actions involving
8physical or mental illness or impairment.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 15 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18    An individual licensed under this Code and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11;
2497-1130, eff. 8-28-12.)