Bill Text: IL HB2262 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Funeral Directors and Embalmers Licensing Code. In provisions concerning the definition of "the practice of funeral directing and embalming", provides that removal of a deceased human body from its place of death, institution, or other location must be performed under the general supervision of a licensee, but the supervision need not be immediate or direct as long as the funeral director and embalmer provides direction and instruction in handling and precautionary procedures. Provides that except for transportation to a crematory, the transportation of a deceased human body to a cemetery or other place of final disposition shall be under the immediate, direct supervision of a licensee. Provides that transportation of a deceased human body to a crematory must be under the general supervision of a licensee, but the supervision need not be immediate or direct as long as the funeral director and embalmer provides direction and instruction in handling and precautionary procedures. Removes provisions providing that: 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 and embalmer may engage others who are not licensed funeral directors and embalmers, licensed funeral directors, or licensed funeral director and embalmer intern to assist in the removal if the funeral director and embalmer directs and instructs them in handling and precautionary procedures and accompanies them on all calls; and 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 these provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-14 - Referred to Rules Committee [HB2262 Detail]

Download: Illinois-2023-HB2262-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2262 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
225 ILCS 41/1-20
Amends the Funeral Directors and Embalmers Licensing Code. In provisions concerning the definition of "the practice of funeral directing and embalming", provides that removal of a deceased human body from its place of death, institution, or other location must be performed under the general supervision of a licensee, but the supervision need not be immediate or direct as long as the funeral director and embalmer provides direction and instruction in handling and precautionary procedures. Provides that except for transportation to a crematory, the transportation of a deceased human body to a cemetery or other place of final disposition shall be under the immediate, direct supervision of a licensee. Provides that transportation of a deceased human body to a crematory must be under the general supervision of a licensee, but the supervision need not be immediate or direct as long as the funeral director and embalmer provides direction and instruction in handling and precautionary procedures. Removes provisions providing that: 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 and embalmer may engage others who are not licensed funeral directors and embalmers, licensed funeral directors, or licensed funeral director and embalmer intern to assist in the removal if the funeral director and embalmer directs and instructs them in handling and precautionary procedures and accompanies them on all calls; and 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 these provisions.
LRB103 26900 AMQ 53264 b
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Funeral Directors and Embalmers Licensing
Code is amended by changing Section 1-20 as follows:
(225 ILCS 41/1-20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1-20. Funeral directing and embalming; definition.
"The practice of funeral directing and embalming" means:
(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
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

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unlicensed owner does not engage in any form of funeral
directing and embalming.
(c) The removal of a deceased human body from its
place of death, institution, or other location. The
removal of a deceased human body from its place of death,
institution, or other location must be performed under the
general supervision of a licensee, but the supervision
need not be immediate or direct as long as the funeral
director and embalmer provides direction and instruction
in handling and precautionary procedures. Except for
transportation to a crematory, the transportation of a
deceased human body to a cemetery or other place of final
disposition shall be under the immediate, direct
supervision of a licensee unless otherwise permitted by
this Section. Transportation of a deceased human body to a
crematory must be under the general supervision of a
licensee, but the supervision need not be immediate or
direct as long as the funeral director and embalmer
provides direction and instruction in handling and
precautionary procedures. 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 and embalmer may engage others who are not
licensed funeral directors and embalmers, licensed funeral
directors, or licensed funeral director and embalmer

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interns to assist in the removal if the funeral director
and embalmer directs and instructs them in handling and
precautionary 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 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 and embalmer", "embalmer", "funeral
director", "undertaker", "mortician", "funeral home",
"funeral parlor", "funeral chapel", or any other title

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implying that the person is engaged in the practice of
funeral directing and embalming.
(g) The practice of embalming or representing or
holding out oneself as engaged in the practice of
embalming of deceased human bodies or the transportation
of human bodies deceased of a contagious or infectious
disease.
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 and embalming shall not
include the phoning in of obituary notices, ordering of
flowers for the funeral, or reporting of prices on the firm's

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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.)