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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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SB2643 Engrossed 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 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:
(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(Section scheduled to be repealed on January 1, 2028)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.)
(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.)
(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 calendar 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.)
(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.
(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 3 felony.
(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.)
Section 10. The Crematory Regulation Act is amended by
changing Sections 5 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.

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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.)
(410 ILCS 18/35)
(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

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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
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

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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
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.

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(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
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.

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