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
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
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
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A BILL FOR
HB2262LRB103 26900 AMQ 53264 b HB2262 LRB103 26900 AMQ 53264 b
HB2262 LRB103 26900 AMQ 53264 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Funeral Directors and Embalmers Licensing
5 Code is amended by changing Section 1-20 as follows:
6 (225 ILCS 41/1-20)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 1-20. Funeral directing and embalming; definition.
9 "The practice of funeral directing and embalming" means:
10 (a) The practice of preparing, otherwise than by
11 embalming, for the burial, cremation, or disposition and
12 directing and supervising the burial or disposition of
13 deceased human remains or performing any act or service in
14 connection with the preparing of dead human bodies.
15 Preparation, direction, and supervision shall not be
16 construed to mean those functions normally performed by
17 cemetery and crematory personnel.
18 (b) The practice of operating a place for preparing
19 for the disposition of deceased human bodies or for caring
20 for deceased human bodies before their disposition.
21 Nothing in this Code shall prohibit the ownership and
22 management of such a place by an unlicensed owner if the
23 place is operated in accordance with this Code and the
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
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.
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A BILL FOR
225 ILCS 41/1-20
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1 unlicensed owner does not engage in any form of funeral
2 directing and embalming.
3 (c) The removal of a deceased human body from its
4 place of death, institution, or other location. The
5 removal of a deceased human body from its place of death,
6 institution, or other location must be performed under the
7 general supervision of a licensee, but the supervision
8 need not be immediate or direct as long as the funeral
9 director and embalmer provides direction and instruction
10 in handling and precautionary procedures. Except for
11 transportation to a crematory, the transportation of a
12 deceased human body to a cemetery or other place of final
13 disposition shall be under the immediate, direct
14 supervision of a licensee unless otherwise permitted by
15 this Section. Transportation of a deceased human body to a
16 crematory must be under the general supervision of a
17 licensee, but the supervision need not be immediate or
18 direct as long as the funeral director and embalmer
19 provides direction and instruction in handling and
20 precautionary procedures. A licensed funeral director and
21 embalmer intern may remove a deceased human body from its
22 place of death, institution, or other location without
23 another licensee being present. The licensed funeral
24 director and embalmer may engage others who are not
25 licensed funeral directors and embalmers, licensed funeral
26 directors, or licensed funeral director and embalmer
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1 interns to assist in the removal if the funeral director
2 and embalmer directs and instructs them in handling and
3 precautionary procedures and accompanies them on all
4 calls. The transportation of deceased human remains to a
5 cemetery, crematory or other place of final disposition
6 shall be under the immediate, direct supervision of a
7 licensee unless otherwise permitted by this Section. The
8 transportation of deceased human remains that are embalmed
9 or otherwise prepared and enclosed in an appropriate
10 container to some other place that is not the place of
11 final disposition, such as another funeral home or common
12 carrier, or to a facility that shares common ownership
13 with the transporting funeral home may be performed under
14 the general supervision of a licensee, but the supervision
15 need not be immediate or direct.
16 (d) The administering and conducting of, or assuming
17 responsibility for administering and conducting of, at
18 need funeral arrangements.
19 (e) The assuming custody of, transportation, providing
20 shelter, protection and care and disposition of deceased
21 human remains and the furnishing of necessary funeral
22 services, facilities and equipment.
23 (f) Using in connection with a name or practice the
24 word "funeral director and embalmer", "embalmer", "funeral
25 director", "undertaker", "mortician", "funeral home",
26 "funeral parlor", "funeral chapel", or any other title
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1 implying that the person is engaged in the practice of
2 funeral directing and embalming.
3 (g) The practice of embalming or representing or
4 holding out oneself as engaged in the practice of
5 embalming of deceased human bodies or the transportation
6 of human bodies deceased of a contagious or infectious
7 disease.
8 Within the existing scope of the practice of funeral
9 directing or funeral directing and embalming, only a licensed
10 funeral director, a licensed funeral director and embalmer, or
11 a licensed funeral director and embalmer intern under the
12 restrictions provided for in this Code, and not any other
13 person employed or contracted by the licensee, may engage in
14 the following activities at-need: (1) have direct contact with
15 consumers and explain funeral or burial merchandise or
16 services or (2) negotiate, develop, or finalize contracts with
17 consumers. This paragraph shall not be construed or enforced
18 in such a manner as to limit the functions of persons regulated
19 under the Illinois Funeral or Burial Funds Act, the Illinois
20 Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
21 Cemetery Care Act, the Cemetery Association Act, the Illinois
22 Insurance Code, or any other related professional regulatory
23 Act.
24 The practice of funeral directing and embalming shall not
25 include the phoning in of obituary notices, ordering of
26 flowers for the funeral, or reporting of prices on the firm's
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1 general price list as required by the Federal Trade Commission
2 Funeral Rule by nonlicensed persons, or like clerical tasks
3 incidental to the act of making funeral arrangements.
4 The making of funeral arrangements, at need, shall be done
5 only by licensed funeral directors or licensed funeral
6 directors and embalmers. Licensed funeral director and
7 embalmer interns may, however, assist or participate in the
8 arrangements under the direct supervision of a licensed
9 funeral director or licensed funeral director and embalmer.
10 (Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
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