Illinois 2023-2024 Regular Session

Illinois House Bill HB2262 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2262 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 225 ILCS 41/1-20 225 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 LRB103 26900 AMQ 53264 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2262 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 41/1-20 225 ILCS 41/1-20
4	4	225 ILCS 41/1-20
5	5	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.
6	6	LRB103 26900 AMQ 53264 b LRB103 26900 AMQ 53264 b
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8	8	A BILL FOR
9	9	HB2262LRB103 26900 AMQ 53264 b HB2262 LRB103 26900 AMQ 53264 b
10	10	HB2262 LRB103 26900 AMQ 53264 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Funeral Directors and Embalmers Licensing
15	15	5 Code is amended by changing Section 1-20 as follows:
16	16	6 (225 ILCS 41/1-20)
17	17	7 (Section scheduled to be repealed on January 1, 2028)
18	18	8 Sec. 1-20. Funeral directing and embalming; definition.
19	19	9 "The practice of funeral directing and embalming" means:
20	20	10 (a) The practice of preparing, otherwise than by
21	21	11 embalming, for the burial, cremation, or disposition and
22	22	12 directing and supervising the burial or disposition of
23	23	13 deceased human remains or performing any act or service in
24	24	14 connection with the preparing of dead human bodies.
25	25	15 Preparation, direction, and supervision shall not be
26	26	16 construed to mean those functions normally performed by
27	27	17 cemetery and crematory personnel.
28	28	18 (b) The practice of operating a place for preparing
29	29	19 for the disposition of deceased human bodies or for caring
30	30	20 for deceased human bodies before their disposition.
31	31	21 Nothing in this Code shall prohibit the ownership and
32	32	22 management of such a place by an unlicensed owner if the
33	33	23 place is operated in accordance with this Code and the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2262 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
38	38	225 ILCS 41/1-20 225 ILCS 41/1-20
39	39	225 ILCS 41/1-20
40	40	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.
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42	42	LRB103 26900 AMQ 53264 b
43	43	A BILL FOR
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49	49	225 ILCS 41/1-20
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68	68	1 unlicensed owner does not engage in any form of funeral
69	69	2 directing and embalming.
70	70	3 (c) The removal of a deceased human body from its
71	71	4 place of death, institution, or other location. The
72	72	5 removal of a deceased human body from its place of death,
73	73	6 institution, or other location must be performed under the
74	74	7 general supervision of a licensee, but the supervision
75	75	8 need not be immediate or direct as long as the funeral
76	76	9 director and embalmer provides direction and instruction
77	77	10 in handling and precautionary procedures. Except for
78	78	11 transportation to a crematory, the transportation of a
79	79	12 deceased human body to a cemetery or other place of final
80	80	13 disposition shall be under the immediate, direct
81	81	14 supervision of a licensee unless otherwise permitted by
82	82	15 this Section. Transportation of a deceased human body to a
83	83	16 crematory must be under the general supervision of a
84	84	17 licensee, but the supervision need not be immediate or
85	85	18 direct as long as the funeral director and embalmer
86	86	19 provides direction and instruction in handling and
87	87	20 precautionary procedures. A licensed funeral director and
88	88	21 embalmer intern may remove a deceased human body from its
89	89	22 place of death, institution, or other location without
90	90	23 another licensee being present. The licensed funeral
91	91	24 director and embalmer may engage others who are not
92	92	25 licensed funeral directors and embalmers, licensed funeral
93	93	26 directors, or licensed funeral director and embalmer
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104	104	1 interns to assist in the removal if the funeral director
105	105	2 and embalmer directs and instructs them in handling and
106	106	3 precautionary procedures and accompanies them on all
107	107	4 calls. The transportation of deceased human remains to a
108	108	5 cemetery, crematory or other place of final disposition
109	109	6 shall be under the immediate, direct supervision of a
110	110	7 licensee unless otherwise permitted by this Section. The
111	111	8 transportation of deceased human remains that are embalmed
112	112	9 or otherwise prepared and enclosed in an appropriate
113	113	10 container to some other place that is not the place of
114	114	11 final disposition, such as another funeral home or common
115	115	12 carrier, or to a facility that shares common ownership
116	116	13 with the transporting funeral home may be performed under
117	117	14 the general supervision of a licensee, but the supervision
118	118	15 need not be immediate or direct.
119	119	16 (d) The administering and conducting of, or assuming
120	120	17 responsibility for administering and conducting of, at
121	121	18 need funeral arrangements.
122	122	19 (e) The assuming custody of, transportation, providing
123	123	20 shelter, protection and care and disposition of deceased
124	124	21 human remains and the furnishing of necessary funeral
125	125	22 services, facilities and equipment.
126	126	23 (f) Using in connection with a name or practice the
127	127	24 word "funeral director and embalmer", "embalmer", "funeral
128	128	25 director", "undertaker", "mortician", "funeral home",
129	129	26 "funeral parlor", "funeral chapel", or any other title
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140	140	1 implying that the person is engaged in the practice of
141	141	2 funeral directing and embalming.
142	142	3 (g) The practice of embalming or representing or
143	143	4 holding out oneself as engaged in the practice of
144	144	5 embalming of deceased human bodies or the transportation
145	145	6 of human bodies deceased of a contagious or infectious
146	146	7 disease.
147	147	8 Within the existing scope of the practice of funeral
148	148	9 directing or funeral directing and embalming, only a licensed
149	149	10 funeral director, a licensed funeral director and embalmer, or
150	150	11 a licensed funeral director and embalmer intern under the
151	151	12 restrictions provided for in this Code, and not any other
152	152	13 person employed or contracted by the licensee, may engage in
153	153	14 the following activities at-need: (1) have direct contact with
154	154	15 consumers and explain funeral or burial merchandise or
155	155	16 services or (2) negotiate, develop, or finalize contracts with
156	156	17 consumers. This paragraph shall not be construed or enforced
157	157	18 in such a manner as to limit the functions of persons regulated
158	158	19 under the Illinois Funeral or Burial Funds Act, the Illinois
159	159	20 Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
160	160	21 Cemetery Care Act, the Cemetery Association Act, the Illinois
161	161	22 Insurance Code, or any other related professional regulatory
162	162	23 Act.
163	163	24 The practice of funeral directing and embalming shall not
164	164	25 include the phoning in of obituary notices, ordering of
165	165	26 flowers for the funeral, or reporting of prices on the firm's
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176	176	1 general price list as required by the Federal Trade Commission
177	177	2 Funeral Rule by nonlicensed persons, or like clerical tasks
178	178	3 incidental to the act of making funeral arrangements.
179	179	4 The making of funeral arrangements, at need, shall be done
180	180	5 only by licensed funeral directors or licensed funeral
181	181	6 directors and embalmers. Licensed funeral director and
182	182	7 embalmer interns may, however, assist or participate in the
183	183	8 arrangements under the direct supervision of a licensed
184	184	9 funeral director or licensed funeral director and embalmer.
185	185	10 (Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
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