Bill Text: IL SB2146 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the amended bill. Provides that a crematory authority shall not take possession of unembalmed human remains that cannot be cremated within 24 hours unless it provides or maintains either of the following capable of maintaining a temperature of less than 40 degrees Fahrenheit: an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room. Removes language providing that a crematory authority that is unable to cremate unembalmed human remains within 24 hours of taking custody of the human remains must provide or maintain an operable refrigeration unit that must be capable of holding at least 3 bodies. Removes language providing that each crematory authority shall pay a $5 fee for each cremation performed that calendar year. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0253 [SB2146 Detail]
Download: Illinois-2023-SB2146-Introduced.html
Bill Title: Reinserts the provisions of the amended bill. Provides that a crematory authority shall not take possession of unembalmed human remains that cannot be cremated within 24 hours unless it provides or maintains either of the following capable of maintaining a temperature of less than 40 degrees Fahrenheit: an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room. Removes language providing that a crematory authority that is unable to cremate unembalmed human remains within 24 hours of taking custody of the human remains must provide or maintain an operable refrigeration unit that must be capable of holding at least 3 bodies. Removes language providing that each crematory authority shall pay a $5 fee for each cremation performed that calendar year. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0253 [SB2146 Detail]
Download: Illinois-2023-SB2146-Introduced.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by | |||||||||||||||||||||||||
5 | changing Sections 4.34 and 4.39 as follows:
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6 | (5 ILCS 80/4.34) | |||||||||||||||||||||||||
7 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | |||||||||||||||||||||||||
8 | The following Acts and
Section of an Act are repealed
on | |||||||||||||||||||||||||
9 | January 1, 2024: | |||||||||||||||||||||||||
10 | The Crematory Regulation Act. | |||||||||||||||||||||||||
11 | The Electrologist Licensing Act. | |||||||||||||||||||||||||
12 | The Illinois Certified Shorthand Reporters Act of | |||||||||||||||||||||||||
13 | 1984. | |||||||||||||||||||||||||
14 | The Illinois Occupational Therapy Practice Act. | |||||||||||||||||||||||||
15 | The Illinois Public Accounting Act. | |||||||||||||||||||||||||
16 | The Private Detective, Private Alarm, Private | |||||||||||||||||||||||||
17 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | |||||||||||||||||||||||||
18 | The Registered Surgical Assistant and Registered | |||||||||||||||||||||||||
19 | Surgical Technologist
Title Protection Act. | |||||||||||||||||||||||||
20 | Section 2.5 of the Illinois Plumbing License Law.
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21 | The Veterinary Medicine and Surgery Practice Act of | |||||||||||||||||||||||||
22 | 2004. | |||||||||||||||||||||||||
23 | (Source: P.A. 102-291, eff. 8-6-21.)
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1 | (5 ILCS 80/4.39) | ||||||
2 | Sec. 4.39. Acts repealed on January 1, 2029 and December | ||||||
3 | 31, 2029. | ||||||
4 | (a) The following Acts are Act is repealed on January 1, | ||||||
5 | 2029: | ||||||
6 | The Environmental Health Practitioner Licensing Act. | ||||||
7 | The Crematory Regulation Act. | ||||||
8 | (b) The following Act is repealed on December 31, 2029: | ||||||
9 | The Structural Pest Control Act.
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10 | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | ||||||
11 | 101-81, eff. 7-12-19.)
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12 | Section 10. The Crematory Regulation Act is amended by | ||||||
13 | changing Sections 22 and 35 as follows:
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14 | (410 ILCS 18/22)
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15 | (Section scheduled to be repealed on January 1, 2024) | ||||||
16 | Sec. 22. Performance of cremation service; training. A | ||||||
17 | person may not
perform a cremation service in this State | ||||||
18 | unless he or she has completed
training in performing | ||||||
19 | cremation services , and received certification by a
program | ||||||
20 | recognized by the Comptroller , and satisfied the continuing | ||||||
21 | education requirement set forth in this Section . The crematory | ||||||
22 | authority must
conspicuously display the certification at the | ||||||
23 | crematory authority's place of
business. Any new employee |
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1 | shall have a reasonable time period, not to exceed one year, to | ||||||
2 | attend a recognized training program. In the interim,
the new | ||||||
3 | employee may perform a cremation service if he or she has | ||||||
4 | received
training from another person who has received | ||||||
5 | certification by a program
recognized by the Comptroller and | ||||||
6 | is under the supervision of the trained person. A person who is | ||||||
7 | certified to perform a cremation service in this State must | ||||||
8 | complete, at least once every 5 years after the effective date | ||||||
9 | of this amendatory Act of the 103rd General Assembly, a | ||||||
10 | continuing education cremation course that is at least 2 hours | ||||||
11 | in length and that is offered by a continuing education | ||||||
12 | provider recognized by the Comptroller in order for that | ||||||
13 | person to perform a cremation service in this State. For | ||||||
14 | purposes of this Act, the Comptroller may
recognize any | ||||||
15 | training program that provides training in the operation of a
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16 | cremation device, in the maintenance of a clean facility, and | ||||||
17 | in the proper
handling of human remains. The Comptroller may | ||||||
18 | recognize any course that is
conducted by a death care trade | ||||||
19 | association in Illinois or the United States or
by a | ||||||
20 | manufacturer of a cremation unit that is consistent with the | ||||||
21 | standards
provided in this Act or as otherwise determined by | ||||||
22 | rule.
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23 | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
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24 | (410 ILCS 18/35)
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25 | (Section scheduled to be repealed on January 1, 2024)
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1 | Sec. 35. Cremation procedures.
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2 | (a) Human remains shall not be cremated within 24
hours | ||||||
3 | after the time of death, as indicated on the Medical
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4 | Examiner's/Coroner's Certificate of Death. In any death, the | ||||||
5 | human remains
shall not be cremated by the crematory authority | ||||||
6 | until a cremation permit has
been received from the coroner or | ||||||
7 | medical examiner of the county in which the
death occurred and | ||||||
8 | the crematory authority has received a cremation
authorization | ||||||
9 | form, executed by an authorizing agent, in accordance with the
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10 | provisions of Section 15 of this Act. In no instance, however, | ||||||
11 | shall the lapse
of time between the death and the cremation be | ||||||
12 | less than 24 hours, unless (i)
it is known the deceased has an | ||||||
13 | infectious or dangerous disease and that the
time requirement | ||||||
14 | is waived in writing by the medical examiner or coroner where
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15 | the death occurred or (ii) because of a religious requirement.
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16 | (b) Except as set forth in subsection (a) of this Section,
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17 | a crematory authority shall have the right to schedule the | ||||||
18 | actual cremation
to be performed at its own convenience, at | ||||||
19 | any time after the human remains
have been delivered to the | ||||||
20 | crematory authority, unless the crematory
authority has | ||||||
21 | received specific instructions to the contrary on the
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22 | cremation authorization form.
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23 | (c) No crematory authority shall cremate human remains | ||||||
24 | when it has actual
knowledge that human remains contain a | ||||||
25 | pacemaker or any other material or
implant that may be | ||||||
26 | potentially hazardous to the person performing the
cremation.
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1 | (d) No crematory authority shall refuse to accept human | ||||||
2 | remains for
cremation because such human remains are not | ||||||
3 | embalmed.
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4 | (e) Whenever a crematory authority is unable or | ||||||
5 | unauthorized to cremate
human remains immediately upon taking | ||||||
6 | custody of the remains, the crematory
authority shall place | ||||||
7 | the human remains in a holding facility in accordance
with the | ||||||
8 | crematory authority's rules and regulations.
The crematory | ||||||
9 | authority must notify the authorizing agent of the reasons for
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10 | delay in
cremation if a properly authorized cremation is not | ||||||
11 | performed within any time
period expressly
contemplated in the | ||||||
12 | authorization.
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13 | (f) A crematory authority shall not accept a casket or
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14 | alternative container from which there is any evidence of the | ||||||
15 | leakage of
body fluids.
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16 | (g) The casket or the alternative container shall be | ||||||
17 | cremated with
the human remains or destroyed, unless the | ||||||
18 | crematory authority has notified the
authorizing agent to the | ||||||
19 | contrary on the cremation authorization form and
obtained the | ||||||
20 | written consent of the authorizing agent.
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21 | (h) The simultaneous cremation of the human remains of | ||||||
22 | more than one person
within the same cremation chamber, | ||||||
23 | without the prior written consent of the
authorizing agent, is | ||||||
24 | prohibited except for common cremation pursuant to Section | ||||||
25 | 11.4 of the Hospital Licensing Act. Nothing in this | ||||||
26 | subsection, however, shall
prevent the simultaneous cremation |
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1 | within the same cremation chamber of body
parts delivered to | ||||||
2 | the crematory authority from multiple sources, or the use of
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3 | cremation equipment that contains more than one cremation | ||||||
4 | chamber.
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5 | (i) No unauthorized person shall be permitted in the | ||||||
6 | holding facility or
cremation room while any human remains are | ||||||
7 | being held there awaiting
cremation, being cremated, or being | ||||||
8 | removed from the cremation chamber.
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9 | (j) A crematory authority shall not remove any dental | ||||||
10 | gold, body parts,
organs, or any item of value prior to or | ||||||
11 | subsequent to a cremation without
previously having received | ||||||
12 | specific written authorization from the
authorizing agent and | ||||||
13 | written instructions for the delivery of these items
to the | ||||||
14 | authorizing agent. Under no circumstances shall a crematory | ||||||
15 | authority
profit from making or assisting in any removal of | ||||||
16 | valuables.
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17 | (k) Upon the completion of each cremation, and insofar as | ||||||
18 | is practicable,
all of the recoverable residue of the | ||||||
19 | cremation process shall be removed from
the cremation chamber.
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20 | (l) If all of the recovered cremated remains will
not fit | ||||||
21 | within the receptacle that has been selected, the remainder of | ||||||
22 | the
cremated remains shall be returned to the authorizing | ||||||
23 | agent or the agent's
designee in a separate container. The | ||||||
24 | crematory authority shall not return
to an authorizing agent | ||||||
25 | or the agent's designee more or less cremated
remains than | ||||||
26 | were removed from the cremation chamber.
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1 | (m) A crematory authority shall not knowingly represent to | ||||||
2 | an
authorizing agent or the agent's designee that a temporary | ||||||
3 | container or
urn contains the cremated remains of a specific | ||||||
4 | decedent when it does not.
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5 | (n) Cremated remains shall be shipped only by a method | ||||||
6 | that has an internal
tracing system available and that | ||||||
7 | provides a receipt signed, in either paper or electronic | ||||||
8 | format, by the person
accepting delivery.
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9 | (o) A crematory authority shall maintain an identification | ||||||
10 | system that shall
ensure that it shall be able to identify the | ||||||
11 | human remains in its possession
throughout all phases of the | ||||||
12 | cremation process.
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13 | (p) A crematory authority must provide or maintain an | ||||||
14 | operable refrigeration unit that: | ||||||
15 | (1) has cleanable, noncorrosive interior and exterior | ||||||
16 | finishes; | ||||||
17 | (2) is capable of maintaining a temperature of less | ||||||
18 | than 40 degrees Fahrenheit; and | ||||||
19 | (3) is capable of containing at least 3 human bodies. | ||||||
20 | (Source: P.A. 102-824, eff. 1-1-23 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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