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| Public Act 098-0432 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Funeral Directors and Embalmers Licensing | ||||
Code is amended by changing Section 1-15 as follows: | ||||
(225 ILCS 41/1-15) | ||||
(Section scheduled to be repealed on January 1, 2023) | ||||
Sec. 1-15. Funeral directing; definition. Conducting
or | ||||
engaging in or representing or holding out oneself as
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conducting or engaged in any one or any combination of the | ||||
following
practices constitutes the practice of funeral | ||||
directing: | ||||
(a) The practice of preparing, otherwise than by | ||||
embalming, for the
burial, cremation, or disposition and | ||||
directing and supervising the burial or disposition
of | ||||
deceased human remains or performing any act or service in
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connection with the preparing of dead human bodies. | ||||
Preparation,
direction, and supervision shall not be | ||||
construed to mean those functions
normally performed by | ||||
cemetery and crematory personnel. | ||||
(b) The practice of operating a place for preparing for | ||||
the disposition
of deceased human bodies or for caring for | ||||
deceased human
bodies before their disposition. Nothing in | ||||
this Code shall prohibit
the ownership and management of | ||
such a place by an unlicensed owner
if the place is | ||
operated in accordance with this Code and the unlicensed | ||
owner
does not engage in any form of funeral directing. An | ||
unlicensed owner may interact with consumers while a | ||
licensed funeral director is present in accordance with | ||
this Section. | ||
(c) The removal of a deceased human body from its place | ||
of death,
institution, or other location. A licensed | ||
funeral director and embalmer intern may remove a deceased | ||
human body from its place of death, institution, or other | ||
location without another licensee being present. The | ||
licensed funeral director may engage
others who are not | ||
licensed funeral directors, licensed funeral director and | ||
embalmers, or licensed funeral director and embalmer | ||
interns to assist in the removal if the
funeral director | ||
directs and instructs them in handling and precautionary
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procedures and accompanies them on all calls. The | ||
transportation of deceased
human remains to a cemetery, | ||
crematory or other place of final disposition
shall be | ||
under the immediate direct supervision of a licensee unless | ||
otherwise
permitted by this Section. The transportation of | ||
deceased human remains that
are embalmed or otherwise | ||
prepared and enclosed in an appropriate container to
some | ||
other place that is not the place of final disposition, | ||
such as another
funeral home or common carrier, or to a | ||
facility that shares common
ownership with the | ||
transporting funeral home may be performed under the
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general supervision of a licensee, but the supervision need | ||
not be immediate
or direct. | ||
(d) The administering and conducting of, or assuming | ||
responsibility for
administering and conducting of, at | ||
need funeral arrangements. | ||
(e) The assuming custody of, transportation, providing | ||
shelter,
protection and care and disposition of deceased | ||
human remains and the
furnishing of necessary funeral | ||
services, facilities and equipment. | ||
(f) Using in connection with a name or practice the | ||
word "funeral
director", "undertaker", "mortician", | ||
"funeral home", "funeral parlor",
"funeral chapel", or any | ||
other title implying that the person is engaged in the
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practice of funeral directing. | ||
Within the existing scope of the practice of funeral | ||
directing or funeral directing and embalming, only a licensed | ||
funeral director, a licensed funeral director and embalmer, or | ||
a licensed funeral director and embalmer intern under the | ||
restrictions provided for in this Code, and not any other | ||
person employed or contracted by the licensee, may engage in | ||
the following activities at-need: (1) have direct contact with | ||
consumers and explain funeral or burial merchandise or services | ||
or (2) negotiate, develop, or finalize contracts with | ||
consumers. This paragraph shall not be construed or enforced in | ||
such a manner as to limit the functions of persons regulated | ||
under the Illinois Funeral or Burial Funds Act, the Illinois | ||
Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the | ||
Cemetery Care Act, the Cemetery Association Act, the Illinois | ||
Insurance Code, or any other related professional regulatory | ||
Act. | ||
The practice of funeral directing shall not include the
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phoning in of obituary notices, ordering of flowers for the | ||
funeral,
or reporting of prices on the firm's general price | ||
list as required
by the Federal Trade Commission Funeral Rule | ||
by nonlicensed
persons, or like
clerical tasks incidental to | ||
the act of making funeral arrangements. | ||
The making of funeral arrangements, at need, shall be done | ||
only by
licensed funeral directors or licensed funeral | ||
directors and embalmers. Licensed funeral director and | ||
embalmer interns may, however, assist or participate in the | ||
arrangements under the direct supervision of a licensed funeral | ||
director or licensed funeral director and embalmer. | ||
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
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