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| Public Act 103-0907
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| SB2643 Enrolled | LRB103 35293 RPS 65331 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Funeral Directors and Embalmers Licensing |
Code is amended by changing Sections 1-10, 10-25, 15-15, and |
15-75 and by adding Section 15-56 as follows:
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(225 ILCS 41/1-10) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 1-10. Definitions. As used in this Code: |
"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file. |
"Applicant" means any person making application for a |
license. Any applicants or people who hold themselves out as |
applicants are considered licensees for purposes of |
enforcement, investigation, hearings, and the Illinois |
Administrative Procedure Act. |
"Board" means the Funeral Directors and Embalmers |
Licensing and Disciplinary Board. |
"Certificate of Death" means a certificate of death as |
referenced in the Illinois Vital Records Act. |
"Chain of custody record" means a record that establishes |
the continuous control of a uniquely identified body, body |
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parts, or human remains. |
"Department" means the Department of Financial and |
Professional Regulation. |
"Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file as maintained |
by the Department's licensure maintenance unit. |
"Funeral director and embalmer" means a person who is |
licensed and qualified to practice funeral directing and to |
prepare, disinfect and preserve dead human bodies by the |
injection or external application of antiseptics, |
disinfectants or preservative fluids and materials and to use |
derma surgery or plastic art for the restoring of mutilated |
features. It further means a person who restores the remains |
of a person for the purpose of funeralization whose organs or |
bone or tissue has been donated for anatomical purposes. |
"Funeral director and embalmer intern" means a person |
licensed by the Department who is qualified to render |
assistance to a funeral director and embalmer in carrying out |
the practice of funeral directing and embalming under the |
supervision of the funeral director and embalmer. |
"Embalming" means the process of sanitizing and chemically |
treating a deceased human body in order to reduce the presence |
and growth of microorganisms, to retard organic decomposition, |
to render the remains safe to handle while retaining |
naturalness of tissue, and to restore an acceptable physical |
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appearance for funeral viewing purposes. |
"Funeral director" means a person, known by the title of |
"funeral director" or other similar words or titles, licensed |
by the Department who practices funeral directing. |
"Funeral establishment", "funeral chapel", "funeral home", |
or "mortuary" means a building or separate portion of a |
building having a specific street address or location and |
devoted to activities relating to the shelter, care, custody |
and preparation of a deceased human body and which may contain |
facilities for funeral or wake services. |
"Licensee" means a person licensed under this Code as a |
funeral director, funeral director and embalmer, or funeral |
director and embalmer intern. Anyone who holds himself or |
herself out as a licensee or who is accused of unlicensed |
practice is considered a licensee for purposes of enforcement, |
investigation, hearings, and the Illinois Administrative |
Procedure Act. |
"Owner" means the individual, partnership, corporation, |
limited liability company, association, trust, estate, or |
agent thereof, or other person or combination of persons who |
owns a funeral establishment or funeral business. |
"Person" means any individual, partnership, association, |
firm, corporation, limited liability company, trust or estate, |
or other entity. "Person" includes both natural persons and |
legal entities. |
"Secretary" means the Secretary of Financial and |
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Professional Regulation. |
"Uniquely identified" means providing the deceased with |
individualized identification. |
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/10-25) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 10-25. Examinations. The Department shall authorize |
and hold examinations of applicants for licenses as licensed |
funeral directors and embalmers. The examination may include |
both practical demonstrations and written and oral tests and |
shall embrace the subjects of anatomy, sanitary science, |
health regulations in relation to the handling of deceased |
human bodies, identification rules and regulation in relation |
to the handling and storing of human bodies, measures used by |
funeral directors and embalmers for the prevention of the |
spread of diseases, the care, preservation, embalming, |
transportation, and burial of dead human bodies, and other |
subjects relating to the care and handling of deceased human |
bodies as set forth in this Article and as the Department by |
rule may prescribe. |
Whenever the Secretary is not satisfied that substantial |
justice has been done in an examination, the Secretary may |
order a reexamination. |
If an applicant neglects, fails without an approved excuse |
or refuses to take the next available examination offered for |
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licensure under this Code, the fee paid by the applicant shall |
be forfeited to the Department and the application denied. If |
an applicant fails to pass an examination for licensure under |
this Code within 3 years after filing an application, the |
application shall be denied. However, the applicant may |
thereafter make a new application for examination which shall |
be accompanied by the required fee. |
(Source: P.A. 96-1463, eff. 1-1-11.)
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(225 ILCS 41/15-15) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 15-15. Complaints; investigations; hearings. The |
Department may investigate the actions of any applicant or of |
any person or persons rendering or offering to render services |
or any person holding or claiming to hold a license under this |
Code. When the Department receives a complaint against a |
licensee regarding violations of this Act, the Department |
shall inspect the premises of the licensee. When the |
Department receives a complaint against a licensee relating to |
the mishandling of human remains or the misidentification of |
human remains, the Department shall inspect the premises named |
in the complaint within 10 business days after receipt of the |
complaint. |
The Department shall, before refusing to issue or renew a |
license or seeking to discipline a licensee under Section |
15-75, at least 30 days before the date set for the hearing, |
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(i) notify the accused in writing of the charges made and the |
time and place for the hearing on the charges, (ii) direct him |
or her to file a written answer to the charges under oath |
within 20 days after service, and (iii) inform the applicant |
or licensee that failure to answer shall result in a default |
being entered against the applicant or licensee. |
At the time and place fixed in the notice, the Board or the |
hearing officer appointed by the Secretary shall proceed to |
hear the charges and the parties or their counsel shall be |
accorded ample opportunity to present any pertinent |
statements, testimony, evidence, and arguments. The Board or |
hearing officer may continue the hearing from time to time. In |
case the person, after receiving the notice, fails to file an |
answer, his or her license may, in the discretion of the |
Secretary be suspended, revoked, or placed on probationary |
status, or be subject to whatever disciplinary action the |
Secretary considers proper, including limiting the scope, |
nature, or extent of the person's practice or the imposition |
of a fine, without a hearing, if the act or acts charged |
constitute sufficient grounds for that action under this Code. |
The written notice and any notice in the subsequent proceeding |
may be served by regular mail or email to the licensee's |
address of record. |
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/15-56 new) |
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Sec. 15-56. Chain of custody record. The Department shall |
require a funeral establishment to maintain an identification |
system that ensures that a funeral establishment is able to |
identify the human remains in its possession through final |
disposition.
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(225 ILCS 41/15-75) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 15-75. Grounds for discipline; penalties. |
(a) (Blank). |
(a-5) Violations of this Code shall be punishable as |
follows: |
(1) Intentionally or knowingly making a false |
statement on a Certificate of Death is a Class 4 felony. |
(2) Intentionally or knowingly making or filing false |
records or reports in the practice of funeral directing |
and embalming, including, but not limited to, false |
records filed with State agencies or departments is a |
Class 4 felony. |
(3) Intentionally or knowingly violating the chain of |
custody record requirements set forth in Section 15-56 is |
a Class 4 felony. |
(4) Intentionally or knowingly violating the |
preparation rooms procedures and rules outlined in Section |
15-55 is a Class 4 felony. |
(5) Engaging in funeral directing or embalming without |
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a license is a Class A misdemeanor. |
(b) The Department may refuse to issue or renew, revoke, |
suspend, place on probation or administrative supervision, |
reprimand, or take other disciplinary or non-disciplinary |
action as the Department may deem appropriate, including fines |
not to exceed $10,000 for each violation, with regard to any |
license under this the Code for any one or combination of the |
following: |
(1) Fraud or any misrepresentation in applying for or |
procuring a license under this Code or in connection with |
applying for renewal of a license under this Code. |
(2) For licenses, conviction by plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or by sentencing of any crime, including, but not |
limited to, convictions, preceding sentences of |
supervision, conditional discharge, or first offender |
probation, under the laws of any jurisdiction of the |
United States: (i) that is a felony or (ii) that is a |
misdemeanor, an essential element of which is dishonesty, |
or that is directly related to the practice of the |
profession and, for initial applicants, convictions set |
forth in Section 15-72 of this Code Act. |
(3) (Blank). Violation of the laws of this State |
relating to the funeral, burial or disposition of deceased |
human bodies or of the rules and regulations of the |
Department, or the Department of Public Health. |
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(4) Directly or indirectly paying or causing to be |
paid any sum of money or other valuable consideration for |
the securing of business or for obtaining authority to |
dispose of any deceased human body. |
(5) Professional incompetence, gross negligence, |
malpractice, or untrustworthiness in the practice of |
funeral directing and embalming or funeral directing. |
(6) (Blank). |
(7) Engaging in, promoting, selling, or issuing burial |
contracts, burial certificates, or burial insurance |
policies in connection with the profession as a funeral |
director and embalmer, funeral director, or funeral |
director and embalmer intern in violation of any laws of |
the State of Illinois. |
(8) Refusing, without cause, to surrender the custody |
of a deceased human body upon the proper request of the |
person or persons lawfully entitled to the custody of the |
body. |
(9) Taking undue advantage of a client or clients as |
to amount to the perpetration of fraud. |
(10) (Blank). Engaging in funeral directing and |
embalming or funeral directing without a license. |
(11) Encouraging, requesting, or suggesting by a |
licensee or some person working on his behalf and with his |
consent for compensation that a person utilize the |
services of a certain funeral director and embalmer, |
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funeral director, or funeral establishment unless that |
information has been expressly requested by the person. |
This does not prohibit general advertising or pre-need |
solicitation. |
(12) Making or causing to be made any false or |
misleading statements about the laws concerning the |
disposition of human remains, including, but not limited |
to, the need to embalm, the need for a casket for cremation |
or the need for an outer burial container. |
(13) (Blank). |
(14) Embalming or attempting to embalm a deceased |
human body without express prior authorization of the |
person responsible for making the funeral arrangements for |
the body. This does not apply to cases where embalming is |
directed by local authorities who have jurisdiction or |
when embalming is required by State or local law. A |
licensee may embalm without express prior authorization if |
a good faith effort has been made to contact family |
members and has been unsuccessful and the licensee has no |
reason to believe the family opposes embalming. |
(15) (Blank). Making a false statement on a |
Certificate of Death where the person making the statement |
knew or should have known that the statement was false. |
(16) Soliciting human bodies after death or while |
death is imminent. |
(17) Performing any act or practice that is a |
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violation of this Code, the rules for the administration |
of this Code, or any federal, State or local laws, rules, |
or regulations governing the practice of funeral directing |
or embalming. |
(18) Performing any act or practice that is a |
violation of Section 2 of the Consumer Fraud and Deceptive |
Business Practices Act. |
(19) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud or harm the public. |
(20) Taking possession of a dead human body without |
having first obtained express permission from the person |
holding the right to control the disposition in accordance |
with Section 5 of the Disposition of Remains Act or a |
public agency legally authorized to direct, control or |
permit the removal of deceased human bodies. |
(21) Advertising in a false or misleading manner or |
advertising using the name of an unlicensed person in |
connection with any service being rendered in the practice |
of funeral directing or funeral directing and embalming. |
The use of any name of an unlicensed or unregistered |
person in an advertisement so as to imply that the person |
will perform services is considered misleading |
advertising. Nothing in this paragraph shall prevent |
including the name of any owner, officer or corporate |
director of a funeral home, who is not a licensee, in any |
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advertisement used by a funeral home with which the |
individual is affiliated, if the advertisement specifies |
the individual's affiliation with the funeral home. |
(22) Charging for professional services not rendered, |
including filing false statements for the collection of |
fees for which services are not rendered. |
(23) Failing to account for or remit any monies, |
documents, or personal property that belongs to others |
that comes into a licensee's possession. |
(24) Treating any person differently to his detriment |
because of race, color, creed, gender, religion, or |
national origin. |
(25) Knowingly making any false statements, oral or |
otherwise, of a character likely to influence, persuade or |
induce others in the course of performing professional |
services or activities. |
(26) (Blank). Willfully making or filing false records |
or reports in the practice of funeral directing and |
embalming, including, but not limited to, false records |
filed with State agencies or departments. |
(27) Failing to acquire continuing education required |
under this Code. |
(28) (Blank). |
(29) Aiding or assisting another person in violating |
any provision of this Code or rules adopted pursuant to |
this Code. |
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(30) Failing within 10 days, to provide information in |
response to a written request made by the Department. |
(31) Discipline by another state, District of |
Columbia, territory, foreign nation, or governmental |
agency, if at least one of the grounds for the discipline |
is the same or substantially equivalent to those set forth |
in this Section. |
(32) (Blank). |
(33) Mental illness or disability which results in the |
inability to practice the profession with reasonable |
judgment, skill, or safety. |
(34) Gross, willful, or continued overcharging for |
professional services, including filing false statements |
for collection of fees for which services are not |
rendered. |
(35) Physical illness, including, but not limited to, |
deterioration through the aging process or loss of motor |
skill which results in a licensee's inability to practice |
under this Code with reasonable judgment, skill, or |
safety. |
(36) Failing to comply with any of the following |
required activities: |
(A) When reasonably possible, a funeral director |
licensee or funeral director and embalmer licensee or |
anyone acting on his or her behalf shall obtain the |
express authorization of the person or persons |
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responsible for making the funeral arrangements for a |
deceased human body prior to removing a body from the |
place of death or any place it may be or embalming or |
attempting to embalm a deceased human body, unless |
required by State or local law. This requirement is |
waived whenever removal or embalming is directed by |
local authorities who have jurisdiction. If the |
responsibility for the handling of the remains |
lawfully falls under the jurisdiction of a public |
agency, then the regulations of the public agency |
shall prevail. |
(B) A licensee shall clearly mark the price of any |
casket offered for sale or the price of any service |
using the casket on or in the casket if the casket is |
displayed at the funeral establishment. If the casket |
is displayed at any other location, regardless of |
whether the licensee is in control of that location, |
the casket shall be clearly marked and the registrant |
shall use books, catalogues, brochures, or other |
printed display aids to show the price of each casket |
or service. |
(C) At the time funeral arrangements are made and |
prior to rendering the funeral services, a licensee |
shall furnish a written statement of services to be |
retained by the person or persons making the funeral |
arrangements, signed by both parties, that shall |
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contain: (i) the name, address and telephone number of |
the funeral establishment and the date on which the |
arrangements were made; (ii) the price of the service |
selected and the services and merchandise included for |
that price; (iii) a clear disclosure that the person |
or persons making the arrangement may decline and |
receive credit for any service or merchandise not |
desired and not required by law or the funeral |
director or the funeral director and embalmer; (iv) |
the supplemental items of service and merchandise |
requested and the price of each item; (v) the terms or |
method of payment agreed upon; and (vi) a statement as |
to any monetary advances made by the registrant on |
behalf of the family. The licensee shall maintain a |
copy of the written statement of services in its |
permanent records. All written statements of services |
are subject to inspection by the Department. |
(D) In all instances where the place of final |
disposition of a deceased human body or the cremated |
remains of a deceased human body is a cemetery, the |
licensed funeral director and embalmer, or licensed |
funeral director, who has been engaged to provide |
funeral or embalming services shall remain at the |
cemetery and personally witness the placement of the |
human remains in their designated grave or the sealing |
of the above ground depository, crypt, or urn. The |
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licensed funeral director or licensed funeral director |
and embalmer may designate a licensed funeral director |
and embalmer intern or representative of the funeral |
home to be his or her witness to the placement of the |
remains. If the cemetery authority, cemetery manager, |
or any other agent of the cemetery takes any action |
that prevents compliance with this paragraph (D), then |
the funeral director and embalmer or funeral director |
shall provide written notice to the Department within |
5 business days after failing to comply. If the |
Department receives this notice, then the Department |
shall not take any disciplinary action against the |
funeral director and embalmer or funeral director for |
a violation of this paragraph (D) unless the |
Department finds that the cemetery authority, manager, |
or any other agent of the cemetery did not prevent the |
funeral director and embalmer or funeral director from |
complying with this paragraph (D) as claimed in the |
written notice. |
(E) A funeral director or funeral director and |
embalmer shall fully complete the portion of the |
Certificate of Death under the responsibility of the |
funeral director or funeral director and embalmer and |
provide all required information. In the event that |
any reported information subsequently changes or |
proves incorrect, a funeral director or funeral |
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director and embalmer shall immediately upon learning |
the correct information correct the Certificate of |
Death. |
(37) A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status or subjected to conditions or restrictions, |
violated the terms of the probation or failed to comply |
with such terms or conditions. |
(38) (Blank). |
(39) Being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
pursuant to the Abused and Neglected Child Reporting Act |
and, upon proof by clear and convincing evidence, being |
found to have caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act. |
(40) Habitual or excessive use or abuse of drugs |
defined in law as controlled substances, alcohol, or any |
other substance which results in the inability to practice |
with reasonable judgment, skill, or safety. |
(41) Practicing under a false or, except as provided |
by law, an assumed name. |
(42) Cheating on or attempting to subvert the |
licensing examination administered under this Code. |
(c) The Department may refuse to issue or renew or may |
suspend without a hearing, as provided for in the Department |
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of Professional Regulation Law of the Civil Administrative |
Code of Illinois, the license of any person who fails to file a |
return, to pay the tax, penalty or interest shown in a filed |
return, or to pay any final assessment of tax, penalty or |
interest as required by any tax Act administered by the |
Illinois Department of Revenue, until the time as the |
requirements of the tax Act are satisfied in accordance with |
subsection (g) of Section 2105-15 of the Department of |
Professional Regulation Law of the Civil Administrative Code |
of Illinois. |
(d) No action may be taken under this Code against a person |
licensed under this Code unless the action is commenced within |
5 years after the occurrence of the alleged violations. A |
continuing violation shall be deemed to have occurred on the |
date when the circumstances last existed that give rise to the |
alleged violation. |
(e) Nothing in this Section shall be construed or enforced |
to give a funeral director and embalmer, or his or her |
designees, authority over the operation of a cemetery or over |
cemetery employees. Nothing in this Section shall be construed |
or enforced to impose duties or penalties on cemeteries with |
respect to the timing of the placement of human remains in |
their designated grave or the sealing of the above ground |
depository, crypt, or urn due to patron safety, the allocation |
of cemetery staffing, liability insurance, a collective |
bargaining agreement, or other such reasons. |
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(f) All fines imposed under this Section shall be paid 60 |
days after the effective date of the order imposing the fine. |
(g) (Blank). |
(h) In cases where the Department of Healthcare and Family |
Services has previously determined a licensee or a potential |
licensee is more than 30 days delinquent in the payment of |
child support and has subsequently certified the delinquency |
to the Department, the Department may refuse to issue or renew |
or may revoke or suspend that person's license or may take |
other disciplinary action against that person based solely |
upon the certification of delinquency made by the Department |
of Healthcare and Family Services in accordance with item (5) |
of subsection (a) of Section 2105-15 of the Department of |
Professional Regulation Law of the Civil Administrative Code |
of Illinois. |
(i) A person not licensed under this Code who is an owner |
of a funeral establishment or funeral business shall not aid, |
abet, assist, procure, advise, employ, or contract with any |
unlicensed person to offer funeral services or aid, abet, |
assist, or direct any licensed person contrary to or in |
violation of any rules or provisions of this Code. A person |
violating this subsection shall be treated as a licensee for |
the purposes of disciplinary action under this Section and |
shall be subject to cease and desist orders as provided in this |
Code, the imposition of a fine up to $10,000 for each violation |
and any other penalty provided by law. |
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(j) The determination by a circuit court that a licensee |
is subject to involuntary admission or judicial admission as |
provided in the Mental Health and Developmental Disabilities |
Code, as amended, operates as an automatic suspension. The |
suspension may end only upon a finding by a court that the |
licensee is no longer subject to the involuntary admission or |
judicial admission and issues an order so finding and |
discharging the licensee, and upon the recommendation of the |
Board to the Secretary that the licensee be allowed to resume |
his or her practice. |
(k) In enforcing this Code, the Department, upon a showing |
of a possible violation, may compel an individual licensed to |
practice under this Code, or who has applied for licensure |
under this Code, to submit to a mental or physical |
examination, or both, as required by and at the expense of the |
Department. The Department may order the examining physician |
to present testimony concerning the mental or physical |
examination of the licensee or applicant. No information shall |
be excluded by reason of any common law or statutory privilege |
relating to communications between the licensee or applicant |
and the examining physician. The examining physician shall be |
specifically designated by the Department. The individual to |
be examined may have, at his or her own expense, another |
physician of his or her choice present during all aspects of |
this examination. The examination shall be performed by a |
physician licensed to practice medicine in all its branches. |
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Failure of an individual to submit to a mental or physical |
examination, when directed, shall result in an automatic |
suspension without hearing. |
A person holding a license under this Code or who has |
applied for a license under this Code who, because of a |
physical or mental illness or disability, including, but not |
limited to, deterioration through the aging process or loss of |
motor skill, is unable to practice the profession with |
reasonable judgment, skill, or safety, may be required by the |
Department to submit to care, counseling, or treatment by |
physicians approved or designated by the Department as a |
condition, term, or restriction for continued, reinstated, or |
renewed licensure to practice. Submission to care, counseling, |
or treatment as required by the Department shall not be |
considered discipline of a license. If the licensee refuses to |
enter into a care, counseling, or treatment agreement or fails |
to abide by the terms of the agreement, the Department may file |
a complaint to revoke, suspend, or otherwise discipline the |
license of the individual. The Secretary may order the license |
suspended immediately, pending a hearing by the Department. |
Fines shall not be assessed in disciplinary actions involving |
physical or mental illness or impairment. |
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
person's license must be convened by the Department within 15 |
days after the suspension and completed without appreciable |
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delay. The Department shall have the authority to review the |
subject individual's record of treatment and counseling |
regarding the impairment to the extent permitted by applicable |
federal statutes and regulations safeguarding the |
confidentiality of medical records. |
An individual licensed under this Code and affected under |
this Section shall be afforded an opportunity to demonstrate |
to the Department that he or she can resume practice in |
compliance with acceptable and prevailing standards under the |
provisions of his or her license. |
(Source: P.A. 102-881, eff. 1-1-23.)
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Section 10. The Crematory Regulation Act is amended by |
changing Sections 5 and 35 as follows:
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(410 ILCS 18/5) |
(Section scheduled to be repealed on January 1, 2029) |
Sec. 5. Definitions. As used in this Act: |
"Address of record" means the designated address recorded |
by the Comptroller in the applicant's or licensee's |
application file or license file. It is the duty of the |
applicant or licensee to inform the Comptroller of any change |
of address within 14 days, and such changes must be made either |
through the Comptroller's website or by contacting the |
Comptroller. The address of record shall be the permanent |
street address of the crematory. |
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"Alternative container" means a receptacle, other than a |
casket, in which human remains are transported to the |
crematory and placed in the cremation chamber for cremation. |
An alternative container shall be (i) composed of readily |
combustible or consumable materials suitable for cremation, |
(ii) able to be closed in order to provide a complete covering |
for the human remains, (iii) resistant to leakage or spillage, |
(iv) rigid enough for handling with ease, and (v) able to |
provide protection for the health, safety, and personal |
integrity of crematory personnel. |
"Authorizing agent" means a person legally entitled to |
order the cremation and final disposition of specific human |
remains. "Authorizing agent" includes an institution of |
medical, mortuary, or other sciences as provided in Section 20 |
of the Disposition of Remains of the Indigent Act. |
"Body parts" means limbs or other portions of the anatomy |
that are removed from a person or human remains for medical |
purposes during treatment, surgery, biopsy, autopsy, or |
medical research; or human bodies or any portion of bodies |
that have been donated to science for medical research |
purposes. |
"Burial transit permit" means a permit for disposition of |
a dead human body as required by Illinois law. |
"Casket" means a rigid container that is designed for the |
encasement of human remains, is usually constructed of wood, |
metal, or like material and ornamented and lined with fabric, |
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and may or may not be combustible. |
"Chain of custody record" means a record that establishes |
the continuous control of the deceased's body, body parts, or |
human remains. |
"Comptroller" means the Comptroller of the State of |
Illinois. |
"Cremated remains" means all human remains recovered after |
the completion of the cremation, which may possibly include |
the residue of any foreign matter including casket material, |
bridgework, or eyeglasses, that was cremated with the human |
remains. |
"Cremation" means the technical process, using heat and |
flame, or alkaline hydrolysis that reduces human remains to |
bone fragments. The reduction takes place through heat and |
evaporation or through hydrolysis. Cremation shall include the |
processing, and may include the pulverization, of the bone |
fragments. |
"Cremation chamber" means the enclosed space within which |
the cremation takes place. |
"Cremation interment container" means a rigid outer |
container that, subject to a cemetery's rules and regulations, |
is composed of concrete, steel, fiberglass, or some similar |
material in which an urn is placed prior to being interred in |
the ground, and which is designed to withstand prolonged |
exposure to the elements and to support the earth above the |
urn. |
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"Cremation room" means the room in which the cremation |
chamber is located. |
"Crematory" means the building or portion of a building |
that houses the cremation room and the holding facility. |
"Crematory authority" means the legal entity which is |
licensed by the Comptroller to operate a crematory and to |
perform cremations. |
"Final disposition" means the burial, cremation, or other |
disposition of a dead human body or parts of a dead human body. |
"Funeral director" means a person known by the title of |
"funeral director", "funeral director and embalmer", or other |
similar words or titles, licensed by the State to practice |
funeral directing or funeral directing and embalming. |
"Funeral establishment" means a building or separate |
portion of a building having a specific street address and |
location and devoted to activities relating to the shelter, |
care, custody, and preparation of a deceased human body and |
may contain facilities for funeral or wake services. |
"Holding facility" means an area that (i) is designated |
for the retention of human remains prior to cremation, (ii) |
complies with all applicable public health law, (iii) |
preserves the health and safety of the crematory authority |
personnel, and (iv) is secure from access by anyone other than |
authorized persons. A holding facility may be located in a |
cremation room. |
"Human remains" means the body of a deceased person, |
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including any form of body prosthesis that has been |
permanently attached or implanted in the body. |
"Licensee" means an entity licensed under this Act. An |
entity that holds itself as a licensee or that is accused of |
unlicensed practice is considered a licensee for purposes of |
enforcement, investigation, hearings, and the Illinois |
Administrative Procedure Act. |
"Niche" means a compartment or cubicle for the |
memorialization and permanent placement of an urn containing |
cremated remains. |
"Person" means any person, partnership, association, |
corporation, limited liability company, or other entity, and |
in the case of any such business organization, its officers, |
partners, members, or shareholders possessing 25% or more of |
ownership of the entity. |
"Processing" means the reduction of identifiable bone |
fragments after the completion of the cremation process to |
unidentifiable bone fragments by manual or mechanical means. |
"Pulverization" means the reduction of identifiable bone |
fragments after the completion of the cremation process to |
granulated particles by manual or mechanical means. |
"Scattering area" means an area which may be designated by |
a cemetery and located on dedicated cemetery property or |
property used for outdoor recreation or natural resource |
conservation owned by the Department of Natural Resources and |
designated as a scattering area, where cremated remains, which |
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have been removed from their container, can be mixed with, or |
placed on top of, the soil or ground cover. |
"Temporary container" means a receptacle for cremated |
remains, usually composed of cardboard, plastic or similar |
material, that can be closed in a manner that prevents the |
leakage or spillage of the cremated remains or the entrance of |
foreign material, and is a single container of sufficient size |
to hold the cremated remains until an urn is acquired or the |
cremated remains are scattered. |
"Uniquely identified" means providing the deceased with |
individualized identification. |
"Urn" means a receptacle designed to encase the cremated |
remains. |
(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; |
100-863, eff. 8-14-18.)
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