Bill Text: IL HB2616 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Funeral Directors and Embalmers Licensing Code. Provides that the Act shall not preclude an owner, as defined within the Act, from having personal contact with consumers while a licensed funeral director is present. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0432 [HB2616 Detail]

Download: Illinois-2013-HB2616-Enrolled.html

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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 1-15 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(Section scheduled to be repealed on January 1, 2023)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
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
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

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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
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

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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", "undertaker", "mortician",
"funeral home", "funeral parlor", "funeral chapel", or any
other title implying that the person is engaged in the
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

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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
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.)