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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2146 Introduced 2/10/2023, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED:
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| 5 ILCS 80/4.34 | | 5 ILCS 80/4.39 | | 410 ILCS 18/22 | | 410 ILCS 18/35 | |
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Amends the Regulatory Sunset Act. Provides that the Crematory Regulation Act is repealed on January 1, 2029 (rather than January 1, 2024). Amends the Crematory Regulation Act. Provides that a person who is certified to perform a cremation service in this State must complete, at least once every 5 years after the amendatory Act's effective date, a continuing education cremation course that is at least 2 hours in length and that is offered by a continuing education provider recognized by the Comptroller in order for that person to perform a cremation service in this State. Requires crematory authorities to provide or maintain an operable refrigeration unit that (1) has cleanable, noncorrosive interior and exterior finishes, (2) is capable of maintaining a temperature of less than 40 degrees Fahrenheit, and (3) is capable of containing at least 3 human bodies. Makes other changes. Effective immediately.
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| | A BILL FOR |
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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 Acts and Section repealed on January 1, 2024.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Section of an Act are repealed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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