Bill Text: IL SB2643 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Funeral Directors and Embalmers Licensing Code. Defines "chain of custody record" and "uniquely identified". Provides that the examination to qualify as an embalmer or funeral director shall embrace the subject of identification rules and regulation in relation to the handling and storing of human bodies. Provides that when the Department of Financial and Professional Regulation receives a complaint against a licensee regarding violations of the Act, the Department shall inspect the premises of the licensee. Provides that 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 calendar days after receipt of the complaint. Makes changes to provisions concerning grounds for discipline. Adds provisions providing criminal penalties for certain violations of the Act. Provides that 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. Amends the Crematory Regulation Act. Defines "chain of custody record" and "uniquely identified". Provides that a crematory authority shall maintain a chain of custody record, which is an identification system that ensures that a crematory authority is able to identify the human remains in its possession throughout all phases of the cremation process.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0907 [SB2643 Detail]

Download: Illinois-2023-SB2643-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2643 Introduced 11/8/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
New Act
225 ILCS 41/1-10
225 ILCS 41/1-30
225 ILCS 41/10-25
410 ILCS 18/5
410 ILCS 18/20
410 ILCS 18/25
410 ILCS 18/35
410 ILCS 535/1 from Ch. 111 1/2, par. 73-1
410 ILCS 535/18 from Ch. 111 1/2, par. 73-18
410 ILCS 535/20 from Ch. 111 1/2, par. 73-20
410 ILCS 535/21 from Ch. 111 1/2, par. 73-21
Creates the Reestablishing Integrity in Death Care Act. Provides that no later than January 1, 2025, when a death occurs within the State, the deceased's body, body bag, and any body part, organ, or tissue separated from the deceased to be used in nontransplant organ donation shall be affixed with a unique identifier, and chain of custody documentation shall be maintained for all dead bodies and human remains. Specifies requirements for the unique identifier and chain of custody documentation. Provides that the State Comptroller, the Department of Financial and Professional Regulation, and the Department of Public Health may inspect any business, provider, or facility in the State that handles dead bodies or human remains to ensure compliance with the Act and the rules adopted under the Act. Authorizes rulemaking to implement and enforce the Act. Amends the Funeral Directors and Embalmers Licensing Code, the Crematory Regulation Act, and the Vital Records Act to make conforming and other changes. Effective immediately.
LRB103 35293 RPS 65331 b
A BILL FOR
SB2643 LRB103 35293 RPS 65331 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Reestablishing Integrity in Death Care Act.
Section 5. Purpose.
(a) The purpose of this Act is to reestablish integrity in
death care by:
(1) implementing a mandatory unique identification
system for every death that occurs in the State; and
(2) establishing a chain of custody system that tracks
the human remains of a deceased individual whose death
occurred in the State from death to final disposition, if
the final disposition is in the State.
(b) The People of the State of Illinois intend that the
provisions of this Act, together with other provisions of
State law, will prevent:
(1) the misidentification of dead bodies or human
remains;
(2) the misplacement of dead bodies or human remains;
and
(3) conduct that results in a method of final
disposition that differs from what is stipulated by the

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deceased individual or the deceased's next of kin through
other applicable State laws.
Section 10. Definitions. In this Act:
"Chain of custody documentation" means a record that
establishes the continuous location and control of a dead
body, body parts, or human remains, which includes (i) the
deceased's unique identifier; (ii) a list of each death care
provider that came in contact with the dead body; (iii) a list
of each service performed detailing the provider, location,
and date; and (iv) the signature of the individual who
executes final disposition.
"Unique identifier" means providing the deceased with
individual identification, through tagging, numbering, QR
code, or other individualized means, that is affixed to the
dead body, the body bag, and any body part, organ, or tissue
separated from the deceased to be used in nontransplant organ
donation in order to prevent misidentification of human
remains.
Section 15. Requirements.
(a) No later than January 1, 2025, when a death occurs
within the State, the deceased's body, body bag, and any body
part, organ, or tissue separated from the deceased to be used
in nontransplant organ donation shall be affixed with a unique
identifier. The unique identifier shall remain affixed to the

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deceased for identification purposes from the time the funeral
director who first assumes control of the body of a deceased
individual creates and affixes the unique identifier on the
deceased until the last feasible moment before final
disposition, if final disposition occurs in the State.
(b) No later than January 1, 2025, when a death occurs in
the State, chain of custody documentation shall be maintained
for all dead bodies and human remains. The chain of custody
documentation shall follow and be maintained with the human
remains from the time the funeral director who first assumes
control of the body of a deceased individual creates the chain
of custody documentation to the last feasible moment before
final disposition, if final disposition is within the State or
the human remains are returned to the State. If human remains
are returned to the next of kin under other applicable State
law, then the chain of custody documentation shall be provided
to the deceased's next of kin following final disposition.
(c) The chain of custody documentation shall include (i)
the deceased's unique identifier; (ii) a list of each death
care provider that came in contact with the dead body; (iii) a
list of each service performed detailing the provider,
location, and date; and (iv) the signature of the individual
who executes final disposition.
Section 20. Enforcement; rulemaking.
(a) The State Comptroller, the Department of Financial and

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Professional Regulation, and the Department of Public Health
are authorized to adopt, modify, amend, repeal, and enforce
rules for the purpose of reestablishing a death care system
where all human remains of deceased individuals whose death
occurred in the State shall:
(1) be affixed with a unique identifier from the time
of death to final disposition, if the disposition occurs
in the State; and
(2) be accompanied with maintained chain of custody
documentation from the time of death to final disposition,
if the disposition occurs in the State.
(b) The State Comptroller, the Department of Financial and
Professional Regulation, and the Department of Public Health
may inspect any business, provider, or facility in the State
that handles dead bodies or human remains to ensure compliance
with this Act and the rules adopted under this Act.
Section 900. The Funeral Directors and Embalmers Licensing
Code is amended by changing Sections 1-10, 1-30, and 10-25 as
follows:
(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

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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 documentation" means a record that
establishes the continuous location and control of a dead
body, body parts, or human remains as described in the
Reestablishing Integrity in Death Care Act.
"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

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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
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

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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
Professional Regulation.
"Unique identifier" means providing the deceased with
individual identification, through tagging, numbering, QR
code, or other individualized means, that is affixed to the
dead body, the body bag, and any body part, organ, or tissue
separated from the deceased to be used in nontransplant organ
donation in order to prevent misidentification of human
remains as described in the Reestablishing Integrity in Death
Care Act.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/1-30)
(Section scheduled to be repealed on January 1, 2028)

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Sec. 1-30. Powers of the Department. Subject to the
provisions of this Code, the Department may exercise the
following powers:
(1) To authorize examinations to ascertain the
qualifications and fitness of applicants for licensing as
a licensed funeral director and embalmer and pass upon the
qualifications of applicants for licensure.
(2) To examine the records of a licensed funeral
director or licensed funeral director and embalmer from
any year or any other aspect of funeral directing and
embalming as the Department deems appropriate.
(3) To investigate any and all funeral directing and
embalming activity.
(4) To conduct hearings on proceedings to refuse to
issue or renew licenses or to revoke, suspend, place on
probation, reprimand, or otherwise discipline a license
under this Code or take other non-disciplinary action.
(5) To adopt all necessary and reasonable rules and
regulations for the effective administration of this Code.
(6) To prescribe forms to be issued for the
administration and enforcement of this Code.
(7) (Blank).
(8) To contract with third parties for services
necessary for the proper administration of this Code
including, without limitation, investigators with the
proper knowledge, training, and skills to properly inspect

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funeral homes and investigate complaints under this Code.
(9) To adopt rules requiring that all human remains be
affixed with a unique identifier under this Code.
(10) To adopt rules that implement chain of custody
documentation for human remains.
(Source: P.A. 102-881, eff. 1-1-23.)
(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 regulations in relation
to the handling and storing of multiple 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.

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If an applicant neglects, fails without an approved excuse
or refuses to take the next available examination offered for
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.)
Section 905. The Crematory Regulation Act is amended by
changing Sections 5, 20, 25, and 35 as follows:
(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.
"Alternative container" means a receptacle, other than a

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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,
and may or may not be combustible.

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"Chain of custody documentation" means a record that
establishes the continuous location and control of a dead
body, body parts, or human remains as described in the
Reestablishing Integrity in Death Care Act.
"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.
"Unique identifier" means providing the deceased with
individual identification, through tagging, numbering, QR
code, or other individualized means, that is affixed to the
dead body, the body bag, and any body part, organ, or tissue
separated from the deceased to be used in nontransplant organ
donation in order to prevent misidentification of human
remains as described in the Reestablishing Integrity in Death
Care Act.
"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.)
(410 ILCS 18/20)
(Section scheduled to be repealed on January 1, 2029)
Sec. 20. Authorization to cremate.
(a) A crematory authority shall not cremate human remains

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until it has received all of the following:
(1) A cremation authorization form signed, in either
paper or electronic format, by an authorizing agent. The
cremation authorization form shall be provided by the
crematory authority and shall contain, at a minimum, the
following information:
(A) The identity of the human remains and the time
and date of death.
(B) The name of the funeral director and funeral
establishment, if applicable, that obtained the
cremation authorization.
(C) Notification as to whether the death occurred
from a disease declared by the Department of Health to
be infectious, contagious, communicable, or dangerous
to the public health.
(D) The name of the authorizing agent and the
relationship between the authorizing agent and the
decedent.
(E) A representation that the authorizing agent
does in fact have the right to authorize the cremation
of the decedent, and that the authorizing agent is not
aware of any living person who has a superior priority
right to that of the authorizing agent, as set forth in
Section 15. In the event there is another living
person who has a superior priority right to that of the
authorizing agent, the form shall contain a

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representation that the authorizing agent has made all
reasonable efforts to contact that person, has been
unable to do so, and has no reason to believe that the
person would object to the cremation of the decedent.
(F) Authorization for the crematory authority to
cremate the human remains.
(G) A representation that the human remains do not
contain a pacemaker or any other material or implant
that may be potentially hazardous or cause damage to
the cremation chamber or the person performing the
cremation.
(H) The name of the person authorized to receive
the cremated remains from the crematory authority.
(I) The manner in which final disposition of the
cremated remains is to take place, if known. If the
cremation authorization form does not specify final
disposition in a grave, crypt, niche, or scattering
area, then the form may indicate that the cremated
remains will be held by the crematory authority for 30
days before they are released, unless they are picked
up from the crematory authority prior to that time, in
person, by the authorizing agent. At the end of the 30
days the crematory authority may return the cremated
remains to the authorizing agent if no final
disposition arrangements are made; or at the end of 60
days the crematory authority may dispose of the

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cremated remains in accordance with subsection (d) of
Section 40.
(J) A listing of any items of value to be delivered
to the crematory authority along with the human
remains, and instructions as to how the items should
be handled.
(K) A specific statement as to whether the
authorizing agent has made arrangements for any type
of viewing of the decedent before cremation, or for a
service with the decedent present before cremation in
connection with the cremation, and if so, the date and
time of the viewing or service and whether the
crematory authority is authorized to proceed with the
cremation upon receipt of the human remains.
(L) The signature, in either paper or electronic
format, of the authorizing agent, attesting to the
accuracy of all representations contained on the
cremation authorization form, except as set forth in
paragraph (M) of this subsection.
(M) If a cremation authorization form is being
executed on a pre-need basis, the cremation
authorization form shall contain the disclosure
required by subsection (b) of Section 140.
(N) The cremation authorization form, other than
pre-need cremation forms, shall also be signed, in
either paper or electronic format, by a funeral

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director or other representative of the funeral
establishment that obtained the cremation
authorization. That individual shall merely execute
the cremation authorization form as a witness and
shall not be responsible for any of the
representations made by the authorizing agent, unless
the individual has actual knowledge to the contrary.
The information requested by items (A), (B), (C) and
(G) of this subsection, however, shall be considered
to be representations of the authorizing agent. In
addition, the funeral director or funeral
establishment shall warrant to the crematory that the
human remains delivered to the crematory authority are
the human remains identified on the cremation
authorization form.
(2) A completed and executed burial transit permit
indicating that the human remains are to be cremated.
(3) Any other documentation required by this State,
including documentation establishing that the human
remains have a unique identifier affixed to the human
body, body bag, or body parts and are accompanied with
chain of custody documentation.
(b) If an authorizing agent is not available to execute a
cremation authorization form in person, that person may
delegate that authority to another person in writing, or by
sending the crematory authority a facsimile transmission that

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contains the name, address, and relationship of the sender to
the decedent and the name and address of the individual to whom
authority is delegated. Upon receipt of the written document,
or facsimile transmission, telegram, or other electronic
telecommunications transmission which specifies the individual
to whom authority has been delegated, the crematory authority
shall allow this individual to serve as the authorizing agent
and to execute the cremation authorization form. The crematory
authority shall be entitled to rely upon the cremation
authorization form without liability.
(c) An authorizing agent who signs, in either paper or
electronic format, a cremation authorization form shall be
deemed to warrant the truthfulness of any facts set forth on
the cremation authorization form, including that person's
authority to order the cremation; except for the information
required by items (C) and (G) of paragraph (1) of subsection
(a) of this Section, unless the authorizing agent has actual
knowledge to the contrary. An authorizing agent signing, in
either paper or electronic format, a cremation authorization
form shall be personally and individually liable for all
damages occasioned by and resulting from authorizing the
cremation.
(d) A crematory authority shall have authority to cremate
human remains upon the receipt of a cremation authorization
form signed, in either paper or electronic format, by an
authorizing agent. There shall be no liability for a crematory

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authority that cremates human remains according to an
authorization, or that releases or disposes of the cremated
remains according to an authorization, except for a crematory
authority's gross negligence, provided that the crematory
authority performs its functions in compliance with this Act.
(e) After an authorizing agent has executed a cremation
authorization form, the authorizing agent may revoke the
authorization and instruct the crematory authority to cancel
the cremation and to release or deliver the human remains to
another crematory authority or funeral establishment. The
instructions shall be provided to the crematory authority in
writing. A crematory authority shall honor any instructions
given to it by an authorizing agent under this Section if it
receives the instructions prior to beginning the cremation of
the human remains.
(Source: P.A. 102-824, eff. 1-1-23.)
(410 ILCS 18/25)
(Section scheduled to be repealed on January 1, 2029)
Sec. 25. Recordkeeping.
(a) The crematory authority shall furnish to the person
who delivers human remains to the crematory authority a
receipt signed, in either paper or electronic format, at the
time of delivery by both the crematory authority and the
person who delivers the human remains, showing the date and
time of the delivery, the type of casket or alternative

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container that was delivered, the name of the person from whom
the human remains were received and the name of the funeral
establishment or other entity with whom the person is
affiliated, the name of the person who received the human
remains on behalf of the crematory authority, and the name of
the decedent. The crematory shall retain a copy of this
receipt in its permanent records.
(b) Upon its release of cremated remains, the crematory
authority shall furnish to the person who receives the
cremated remains from the crematory authority a receipt
signed, in either paper or electronic format, by both the
crematory authority and the person who receives the cremated
remains, showing the date and time of the release, the name of
the person to whom the cremated remains were released and the
name of the funeral establishment, cemetery, or other entity
with whom the person is affiliated, the name of the person who
released the cremated remains on behalf of the crematory
authority, and the name of the decedent. The crematory shall
retain a copy of this receipt in its permanent records.
(b-5) Upon its release of cremated remains, the crematory
authority shall furnish to the person who receives the
cremated remains at the crematory the chain of custody
documentation.
(c) A crematory authority shall maintain at its place of
business a permanent record of each cremation that took place
at its facility which shall contain the name of the decedent,

SB2643 - 23 - LRB103 35293 RPS 65331 b
the date of the cremation, and the final disposition of the
cremated remains.
(d) The crematory authority shall maintain a record of all
cremated remains disposed of by the crematory authority in
accordance with subsection (d) of Section 40.
(e) Upon completion of the cremation, the crematory
authority shall file the burial transit permit as required by
the Illinois Vital Records Act and rules adopted under that
Act and the Illinois Counties Code, and transmit a photocopy
of the burial transit permit along with the cremated remains
to whoever receives the cremated remains from the authorizing
agent unless the cremated remains are to be interred,
entombed, inurned, or placed in a scattering area, in which
case the crematory authority shall retain a copy of the burial
transit permit and shall send the permit, along with the
cremated remains, to the cemetery, which shall file the permit
with the designated agency after the interment, entombment,
inurnment, or scattering has taken place.
(f) All cemeteries shall maintain a record of all cremated
remains that are disposed of on their property, provided that
the cremated remains were properly transferred to the cemetery
and the cemetery issued a receipt acknowledging the transfer
of the cremated remains.
(Source: P.A. 102-824, eff. 1-1-23.)
(410 ILCS 18/35)

SB2643 - 24 - LRB103 35293 RPS 65331 b
(Section scheduled to be repealed on January 1, 2029)
Sec. 35. Cremation procedures.
(a) Human remains shall not be cremated within 24 hours
after the time of death, as indicated on the Medical
Examiner's/Coroner's Certificate of Death. In any death, the
human remains shall not be cremated by the crematory authority
until a cremation permit has been received from the coroner or
medical examiner of the county in which the death occurred and
the crematory authority has received a cremation authorization
form, executed by an authorizing agent, in accordance with the
provisions of Section 15 of this Act. In no instance, however,
shall the lapse of time between the death and the cremation be
less than 24 hours, unless (i) it is known the deceased has an
infectious or dangerous disease and that the time requirement
is waived in writing by the medical examiner or coroner where
the death occurred or (ii) because of a religious requirement.
(b) Except as set forth in subsection (a) of this Section,
a crematory authority shall have the right to schedule the
actual cremation to be performed at its own convenience, at
any time after the human remains have been delivered to the
crematory authority, unless the crematory authority has
received specific instructions to the contrary on the
cremation authorization form.
(c) No crematory authority shall cremate human remains
when it has actual knowledge that human remains contain a
pacemaker or any other material or implant that may be

SB2643 - 25 - LRB103 35293 RPS 65331 b
potentially hazardous to the person performing the cremation.
(d) No crematory authority shall refuse to accept human
remains for cremation because such human remains are not
embalmed.
(e) Whenever a crematory authority is unable or
unauthorized to cremate human remains immediately upon taking
custody of the remains, the crematory authority shall place
the human remains in a holding facility in accordance with the
crematory authority's rules and regulations. The crematory
authority must notify the authorizing agent of the reasons for
delay in cremation if a properly authorized cremation is not
performed within any time period expressly contemplated in the
authorization.
(f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the
leakage of body fluids.
(g) The casket or the alternative container shall be
cremated with the human remains or destroyed, unless the
crematory authority has notified the authorizing agent to the
contrary on the cremation authorization form and obtained the
written consent of the authorizing agent.
(h) The simultaneous cremation of the human remains of
more than one person within the same cremation chamber,
without the prior written consent of the authorizing agent, is
prohibited except for common cremation pursuant to Section
11.4 of the Hospital Licensing Act. Nothing in this

SB2643 - 26 - LRB103 35293 RPS 65331 b
subsection, however, shall prevent the simultaneous cremation
within the same cremation chamber of body parts delivered to
the crematory authority from multiple sources, or the use of
cremation equipment that contains more than one cremation
chamber.
(i) No unauthorized person shall be permitted in the
holding facility or cremation room while any human remains are
being held there awaiting cremation, being cremated, or being
removed from the cremation chamber.
(j) A crematory authority shall not remove any dental
gold, body parts, organs, or any item of value prior to or
subsequent to a cremation without previously having received
specific written authorization from the authorizing agent and
written instructions for the delivery of these items to the
authorizing agent. Under no circumstances shall a crematory
authority profit from making or assisting in any removal of
valuables.
(k) Upon the completion of each cremation, and insofar as
is practicable, all of the recoverable residue of the
cremation process shall be removed from the cremation chamber.
(l) If all of the recovered cremated remains will not fit
within the receptacle that has been selected, the remainder of
the cremated remains shall be returned to the authorizing
agent or the agent's designee in a separate container. The
crematory authority shall not return to an authorizing agent
or the agent's designee more or less cremated remains than

SB2643 - 27 - LRB103 35293 RPS 65331 b
were removed from the cremation chamber.
(m) A crematory authority shall not knowingly represent to
an authorizing agent or the agent's designee that a temporary
container or urn contains the cremated remains of a specific
decedent when it does not.
(n) Cremated remains shall be shipped only by a method
that has an internal tracing system available and that
provides a receipt signed, in either paper or electronic
format, by the person accepting delivery.
(o) A crematory authority shall maintain an identification
system that shall ensure that it shall be able to identify the
human remains in its possession throughout all phases of the
cremation process.
(p) 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.
(q) A crematory authority shall maintain the unique
identifier associated with the human remains. The unique
identifier shall remain affixed to the deceased until the last
feasible moment before cremation.
(r) A crematory authority shall maintain the chain of
custody documentation that corresponds with the human remains.

SB2643 - 28 - LRB103 35293 RPS 65331 b
Upon its release of cremated remains, the crematory authority
shall furnish to the person who receives the cremated remains
at the crematory the chain of custody documentation.
(Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.)
Section 910. The Vital Records Act is amended by changing
Sections 1, 18, 20, and 21 as follows:
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(1) "Vital records" means records of births, deaths, fetal
deaths, marriages, dissolution of marriages, and data related
thereto.
(2) "System of vital records" includes the registration,
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
(3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
(4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.

SB2643 - 29 - LRB103 35293 RPS 65331 b
(5) "Live birth" means the complete expulsion or
extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which after such
separation breathes or shows any other evidence of life such
as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, whether or not the
umbilical cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete
expulsion or extraction from the uterus of a product of human
conception, irrespective of the duration of pregnancy, and
which is not due to an abortion as defined in Section 1-10 of
the Reproductive Health Act. The death is indicated by the
fact that after such separation the fetus does not breathe or
show any other evidence of life such as beating of the heart,
pulsation of the umbilical cord, or definite movement of
voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
(8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
(9) "Physician" means a person licensed to practice
medicine in Illinois or any other state.
(10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or

SB2643 - 30 - LRB103 35293 RPS 65331 b
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to
which persons are committed by law.
(11) "Department" means the Department of Public Health of
the State of Illinois.
(12) "Director" means the Director of the Illinois
Department of Public Health.
(13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice
registered nurse, or physician assistant in Illinois or any
other state.
(14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health
services by the Department of Financial and Professional
Regulation or a board of registration duly authorized to
register or grant licenses to persons engaged in the practice
of providing mental health services in Illinois or any other
state.
(15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(16) "Homeless person" means an individual who meets the
definition of "homeless" under Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
individual residing in any of the living situations described

SB2643 - 31 - LRB103 35293 RPS 65331 b
in 42 U.S.C. 11434a(2).
(17) "Advanced practice registered nurse" means: (i) an
advanced practice registered nurse with full practice
authority; or (ii) an advanced practice registered nurse with
a collaborative agreement with a physician who has delegated
the completion of death certificates.
(18) "Certifying health care professional" means a
physician, physician assistant, or advanced practice
registered nurse.
(19) "Physician assistant" means a physician assistant who
practices in accordance with a written collaborative agreement
that includes the completion of death certificates.
(20) "Unique identifier" means providing the deceased with
individual identification, through tagging, numbering, QR
code, or other individualized means, that is affixed to the
dead body, the body bag, and any body part, organ, or tissue
separated from the deceased to be used in nontransplant organ
donation in order to prevent misidentification of human
remains as described in the Reestablishing Integrity in Death
Care Act.
(21) "Chain of custody documentation" means a record that
establishes the continuous location and control of a dead
body, body parts, or human remains as described in the
Reestablishing Integrity in Death Care Act.
(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
102-844, eff. 1-1-23.)

SB2643 - 32 - LRB103 35293 RPS 65331 b
(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
Sec. 18. (1) Each death which occurs in this State shall be
registered by filing a death certificate with the local
registrar of the district in which the death occurred or the
body was found, within 7 days after such death (within 5 days
if the death occurs prior to January 1, 1989) and prior to
cremation or removal of the body from the State, except when
death is subject to investigation by the coroner or medical
examiner.
(a) For the purposes of this Section, if the place of
death is unknown, a death certificate shall be filed in
the registration district in which a dead body is found,
which shall be considered the place of death.
(b) When a death occurs on a moving conveyance, the
place where the body is first removed from the conveyance
shall be considered the place of death and a death
certificate shall be filed in the registration district in
which such place is located.
(c) The funeral director who first assumes custody of
a dead body shall be responsible for filing a completed
death certificate. He or she shall obtain the personal
data from the next of kin or the best qualified person or
source available; he or she shall enter on the certificate
the name, relationship, and address of the informant; he
or she shall enter the date, place, and method of final

SB2643 - 33 - LRB103 35293 RPS 65331 b
disposition; he or she shall affix his or her own
signature and enter his or her address; and shall present
the certificate to the person responsible for completing
the medical certification of cause of death. The person
responsible for completing the medical certification of
cause of death must note the presence of
methicillin-resistant staphylococcus aureus, clostridium
difficile, or vancomycin-resistant enterococci if it is a
contributing factor to or the cause of death. Additional
multi-drug resistant organisms (MDROs) may be added to
this list by the Department by rule.
(1.5) No later than January 1, 2025, the funeral director
who first assumes control of the body of a deceased individual
whose death occurred in the State shall assign the body with a
unique identifier. The unique identifier shall be affixed to
the dead body, the body bag, and any body part, organ, or
tissue separated from the deceased to be used in nontransplant
organ donation. The unique identifier shall remain affixed to
the deceased until the last feasible moment before final
disposition. The Department of Financial and Professional
Regulation shall enforce the unique identifier requirement in
its regulation of licensees who care for dead bodies.
(1.10) No later than January 1, 2025, the funeral director
who first assumes control of the body of a deceased individual
whose death occurred in the State shall commence the chain of
custody documentation for the dead body. The chain of custody

SB2643 - 34 - LRB103 35293 RPS 65331 b
documentation shall follow the dead body from death to the
last feasible moment before final disposition, if final
disposition is within the State or the human remains are
returned to the State. If human remains are returned to the
next of kin under other applicable State law, then the chain of
custody documentation shall be provided to the deceased's next
of kin following final disposition.
The chain of custody documentation shall include (i) the
deceased's unique identifier; (ii) a list of each death care
provider that came in contact with the dead body; (iii) a list
of each service performed detailing the provider, location,
and date; and (iv) the signature of the individual who
executes final disposition.
The Department of Financial and Professional Regulation
shall enforce the chain of custody requirement on all
industries under its jurisdiction that participate in the
chain of custody of dead bodies or human remains.
(2) The medical certification shall be completed and
signed within 48 hours after death by the certifying health
care professional who, within 12 months prior to the date of
the patient's death, was treating or managing treatment of the
patient's illness or condition which resulted in death, except
when death is subject to the coroner's or medical examiner's
investigation. In the absence of the certifying health care
professional or with his or her approval, the medical
certificate may be completed and signed by his or her

SB2643 - 35 - LRB103 35293 RPS 65331 b
associate physician, advanced practice registered nurse, or
physician assistant, the chief medical officer of the
institution in which death occurred, or the physician who
performed an autopsy upon the decedent.
(3) When a death occurs without medical attendance, or
when it is otherwise subject to the coroner's or medical
examiner's investigation, the coroner or medical examiner
shall be responsible for the completion of a coroner's or
medical examiner's certificate of death and shall sign the
medical certification within 48 hours after death, except as
provided by regulation in special problem cases. If the
decedent was under the age of 18 years at the time of his or
her death, and the death was due to injuries suffered as a
result of a motor vehicle backing over a child, or if the death
occurred due to the power window of a motor vehicle, the
coroner or medical examiner must send a copy of the medical
certification, with information documenting that the death was
due to a vehicle backing over the child or that the death was
caused by a power window of a vehicle, to the Department of
Children and Family Services. The Department of Children and
Family Services shall (i) collect this information for use by
Child Death Review Teams and (ii) compile and maintain this
information as part of its Annual Child Death Review Team
Report to the General Assembly.
(3.5) The medical certification of cause of death shall
expressly provide an opportunity for the person completing the

SB2643 - 36 - LRB103 35293 RPS 65331 b
certification to indicate that the death was caused in whole
or in part by a dementia-related disease, Parkinson's Disease,
or Parkinson-Dementia Complex.
(4) When the deceased was a veteran of any war of the
United States, the funeral director shall prepare a
"Certificate of Burial of U. S. War Veteran", as prescribed
and furnished by the Illinois Department of Veterans' Affairs,
and submit such certificate to the Illinois Department of
Veterans' Affairs monthly.
(5) When a death is presumed to have occurred in this State
but the body cannot be located, a death certificate may be
prepared by the State Registrar upon receipt of an order of a
court of competent jurisdiction which includes the finding of
facts required to complete the death certificate. Such death
certificate shall be marked "Presumptive" and shall show on
its face the date of the registration and shall identify the
court and the date of the judgment.
(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;
103-154, eff. 6-30-23.)
(410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
Sec. 20. Fetal death; place of registration.
(1) Each fetal death which occurs in this State after a
gestation period of 20 completed weeks (and when the mother
elects in writing to arrange for the burial or cremation of the
fetus under Section 11.4 of the Hospital Licensing Act) or

SB2643 - 37 - LRB103 35293 RPS 65331 b
more shall be registered with the local or subregistrar of the
district in which the delivery occurred within 7 days after
the delivery and before removal of the fetus from the State,
except as provided by regulation in special problem cases.
(a) For the purposes of this Section, if the place of
fetal death is unknown, a fetal death certificate shall be
filed in the registration district in which a dead fetus
is found, which shall be considered the place of fetal
death.
(b) When a fetal death occurs on a moving conveyance,
the city, village, township, or road district in which the
fetus is first removed from the conveyance shall be
considered the place of delivery and a fetal death
certificate shall be filed in the registration district in
which the place is located.
(c) The funeral director or person acting as such who
first assumes custody of a fetus shall file the
certificate. The personal data shall be obtained from the
best qualified person or source available. The name,
relationship, and address of the informant shall be
entered on the certificate. The date, place, and method of
final disposition of the fetus shall be recorded over the
personal signature and address of the funeral director
responsible for the disposition. The certificate shall be
presented to the person responsible for completing the
medical certification of the cause of death.

SB2643 - 38 - LRB103 35293 RPS 65331 b
(2) The medical certification shall be completed and
signed within 24 hours after delivery by the certifying health
care professional in attendance at or after delivery, except
when investigation is required under Division 3-3 of Article 3
of the Counties Code and except as provided by regulation in
special problem cases.
(3) When a fetal death occurs without medical attendance
upon the mother at or after the delivery, or when
investigation is required under Division 3-3 of Article 3 of
the Counties Code, the coroner shall be responsible for the
completion of the fetal death certificate and shall sign the
medical certification within 24 hours after the delivery or
the finding of the fetus, except as provided by regulation in
special problem cases.
(4) No later than January 1, 2025, the funeral director
who first assumes control of a fetal death that occurred in the
State shall assign the body with a unique identifier. The
unique identifier shall remain affixed to the deceased until
the last feasible moment before final disposition. The
Department of Financial and Professional Regulation shall
enforce the unique identifier requirement in its regulation of
licensees who care for fetal deaths.
(5) No later than January 1, 2025, the funeral director
who first assumes control of a fetal death that occurred in the
State shall commence the chain of custody documentation for
the dead body. The chain of custody documentation shall follow

SB2643 - 39 - LRB103 35293 RPS 65331 b
the dead body from death to the last feasible moment before
final disposition, if final disposition is within the State or
the human remains are returned to the State. If human remains
are returned to the next of kin under other applicable State
law, then the chain of custody documentation shall be provided
to the deceased's next of kin following final disposition.
The chain of custody documentation shall include (i) the
deceased's unique identifier; (ii) a list of each death care
provider that came in contact with the dead body; (iii) a list
of each service performed detailing the provider, location,
and date; and (iv) the signature of the individual who
executes final disposition.
The Department of Financial and Professional Regulation
shall enforce the chain of custody requirement on all
industries under its jurisdiction that participate in the
chain of custody of dead bodies or human remains.
(Source: P.A. 102-257, eff. 1-1-22.)
(410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
Sec. 21. (1) The funeral director or person acting as such
who first assumes custody of a dead body or fetus shall make a
written report to the registrar of the district in which death
occurred or in which the body or fetus was found within 24
hours after taking custody of the body or fetus on a form
prescribed and furnished by the State Registrar and in
accordance with the rules promulgated by the State Registrar.

SB2643 - 40 - LRB103 35293 RPS 65331 b
Except as specified in paragraph (2) of this Section, the
written report shall serve as a permit to transport, bury, or
entomb the body or fetus within this State, provided that the
funeral director or person acting as such shall certify that
the certifying health care professional who, within 12 months
prior to the date of the patient's death, was treating or
managing treatment of the patient's illness or condition which
resulted in death has been contacted and has affirmatively
stated that he or she will sign the medical certificate of
death or the fetal death certificate. If a funeral director
fails to file written reports under this Section in a timely
manner, the local registrar may suspend the funeral director's
privilege of filing written reports by mail. In a county with a
population greater than 3,000,000, if a funeral director or
person acting as such inters or entombs a dead body without
having previously certified that the certifying health care
professional who, within 12 months prior to the date of the
patient's death, was treating or managing treatment of the
patient's illness or condition that resulted in death has been
contacted and has affirmatively stated that he or she will
sign the medical certificate of death, then that funeral
director or person acting as such is responsible for payment
of the specific costs incurred by the county medical examiner
in disinterring and reinterring or reentombing the dead body.
(2) The written report as specified in paragraph (1) of
this Section shall not serve as a permit to:

SB2643 - 41 - LRB103 35293 RPS 65331 b
(a) Remove body or fetus from this State;
(b) Cremate the body or fetus; or
(c) Make disposal of any body or fetus in any manner
when death is subject to the coroner's or medical
examiner's investigation.
(3) In accordance with the provisions of paragraph (2) of
this Section the funeral director or person acting as such who
first assumes custody of a dead body or fetus shall obtain a
permit for disposition of such dead human body prior to final
disposition or removal from the State of the body or fetus.
Such permit shall be issued by the registrar of the district
where death occurred or the body or fetus was found. No such
permit shall be issued until a properly completed certificate
of death has been filed with the registrar, the deceased is
provided with a unique identifier, and chain of custody
documentation has been provided. The registrar shall insure
the issuance of a permit for disposition within an expedited
period of time to accommodate Sunday or holiday burials of
decedents whose time of death and religious tenets or beliefs
necessitate Sunday or holiday burials.
(4) A permit which accompanies a dead body or fetus
brought into this State shall be authority for final
disposition of the body or fetus in this State, except in
municipalities where local ordinance requires the issuance of
a local permit prior to disposition.
(5) A permit for disposition of a dead human body shall be

SB2643 - 42 - LRB103 35293 RPS 65331 b
required prior to disinterment of a dead body or fetus, and
when the disinterred body is to be shipped by a common carrier.
Such permit shall be issued to a licensed funeral director or
person acting as such, upon proper application, by the local
registrar of the district in which disinterment is to be made.
In the case of disinterment, proper application shall include
a statement providing the name and address of any surviving
spouse of the deceased, or, if none, any surviving children of
the deceased, or if no surviving spouse or children, a parent,
brother, or sister of the deceased. The application shall
indicate whether the applicant is one of these parties and, if
so, whether the applicant is a surviving spouse or a surviving
child. Prior to the issuance of a permit for disinterment, the
local registrar shall, by certified mail, notify the surviving
spouse, unless he or she is the applicant, or if there is no
surviving spouse, all surviving children except for the
applicant, of the application for the permit. The person or
persons notified shall have 30 days from the mailing of the
notice to object by obtaining an injunction enjoining the
issuance of the permit. After the 30-day period has expired,
the local registrar shall issue the permit unless he or she has
been enjoined from doing so or there are other statutory
grounds for refusal. The notice to the spouse or surviving
children shall inform the person or persons being notified of
the right to seek an injunction within 30 days.
Notwithstanding any other provision of this subsection (5), a

SB2643 - 43 - LRB103 35293 RPS 65331 b
court may order issuance of a permit for disinterment without
notice or prior to the expiration of the 30-day period where
the petition is made by an agency of any governmental unit and
good cause is shown for disinterment without notice or for the
early order. Nothing in this subsection (5) limits the
authority of the City of Chicago to acquire property or
otherwise exercise its powers under the O'Hare Modernization
Act or requires that City, or any person acting on behalf of
that City, to obtain a permit under this subsection (5) when
exercising powers under the O'Hare Modernization Act. The
Illinois Department of Transportation, and any person acting
on its behalf under a public-private agreement entered into in
accordance with the Public-Private Agreements for the South
Suburban Airport Act, is exempt from this subsection (5),
provided that the Illinois Department of Transportation, or
any such person, takes reasonable steps to comply with the
provisions of this subsection (5) so long as compliance does
not interfere with the design, development, operation, or
maintenance of the South Suburban Airport or the exercise of
their powers under the Public-Private Agreements for the South
Suburban Airport Act.
(Source: P.A. 102-257, eff. 1-1-22.)
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon

SB2643 - 44 - LRB103 35293 RPS 65331 b