TRANSFER CARE SPECIALISTS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4024

Introduced 2/6/2026, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

See Index

Amends the Funeral Directors and Embalmers Licensing Code. Provides
that "funeral establishment", "funeral chapel", "funeral home", or
"mortuary", when used in reference to transfer care specialists, means a
building or a separate portion of a building having a specific street
address or location devoted to activities relating to the shelter, care,
custody and preparation of a deceased human body that contains facilities
for funeral and wake services and operates from a fixed place of business.
Defines "general supervision", "immediate and direct supervision", and
"transfer care specialist". Requires a funeral establishment, funeral
chapel, funeral home, or mortuary to operate from a fixed place of
business. Creates the Transfer Care Specialists Article under the Code.
Sets forth provisions concerning license requirements; address of record
and email address of record; license qualifications; applications; the
issuance and display of transfer care specialist licenses; renewal,
reinstatement, and restoration of a license; the applicability of the
Article; and rulemaking authority of the Department of Financial and
Professional Regulation. In provisions concerning practicing without a
license, provides that the practice of removing a deceased human body from
its place of death, institution, or other location as a transfer care
specialist by any person who has not been issued a license by the
Department, whose license has been suspended or revoked, or whose license
has not been renewed is hereby declared to be inimical to the public
welfare and to constitute a public nuisance. In provisions concerning
grounds for discipline, provides that engaging in practice as a transfer
care specialist without a license is a Class A misdemeanor. Makes other
changes.
LRB104 19608 AAS 33057 b

A BILL FOR

SB4024
LRB104 19608 AAS 33057 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Funeral Directors and Embalmers Licensing
5
Code is amended by changing Sections 1-10, 1-15, 1-20, 15-30,
6
15-45, 15-72, and 15-75 and by adding Article 11 and Sections
7
1-21, 1-22, and 1-23 as follows:

8

(225 ILCS 41/1-10)
9

(Section scheduled to be repealed on January 1, 2028)
10

Sec. 1-10.
Definitions.
As used in this Code:
11

"Address of record" means the designated address recorded
12
by the Department in the applicant's or licensee's application
13
file or license file.
14

"Applicant" means any person making application for a
15
license. Any applicants or people who hold themselves out as
16
applicants are considered licensees for purposes of
17
enforcement, investigation, hearings, and the Illinois
18
Administrative Procedure Act.
19

"Board" means the Funeral Directors and Embalmers
20
Licensing and Disciplinary Board.
21

"Certificate of Death" means a certificate of death as
22
referenced in the Illinois Vital Records Act.
23

"Chain of custody record" means a record that establishes

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1
the continuous control of a uniquely identified body, body
2
parts, or human remains.
3

"Department" means the Department of Financial and
4
Professional Regulation.
5

"Email address of record" means the designated email
6
address recorded by the Department in the applicant's
7
application file or the licensee's license file as maintained
8
by the Department's licensure maintenance unit.
9

"Funeral director and embalmer" means a person who is
10
licensed and qualified to practice funeral directing and to
11
prepare, disinfect and preserve dead human bodies by the
12
injection or external application of antiseptics,
13
disinfectants or preservative fluids and materials and to use
14
derma surgery or plastic art for the restoring of mutilated
15
features. It further means a person who restores the remains
16
of a person for the purpose of funeralization whose organs or
17
bone or tissue has been donated for anatomical purposes.
18

"Funeral director and embalmer intern" means a person
19
licensed by the Department who is qualified to render
20
assistance to a funeral director and embalmer in carrying out
21
the practice of funeral directing and embalming under the
22
supervision of the funeral director and embalmer.
23

"Embalming" means the process of sanitizing and chemically
24
treating a deceased human body in order to reduce the presence
25
and growth of microorganisms, to retard organic decomposition,
26
to render the remains safe to handle while retaining

SB4024
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LRB104 19608 AAS 33057 b
1
naturalness of tissue, and to restore an acceptable physical
2
appearance for funeral viewing purposes.
3

"Funeral director" means a person, known by the title of
4
"funeral director" or other similar words or titles, licensed
5
by the Department who practices funeral directing.
6

"Funeral establishment", "funeral chapel", "funeral home",
7
or "mortuary"
, except when used in reference to transfer care
8
specialists,
means a building or separate portion of a
9
building having a specific street address or location and
10
devoted to activities relating to the shelter, care, custody
11
and preparation of a deceased human body and which may contain
12
facilities for funeral or wake services.
"Funeral
13
establishment", "funeral chapel", "funeral home", or
14
"mortuary", when used in reference to transfer care
15
specialists, means a building or a separate portion of a
16
building having a specific street address or location devoted
17
to activities relating to the shelter, care, custody and
18
preparation of a deceased human body that contains facilities
19
for funeral and wake services and operates from a fixed place
20
of business.

21

"General supervision" means oversight of an activity
22
provided by a licensed funeral director or licensed funeral
23
director and embalmer who has authorized the activity to be
24
performed, is responsible for the conduct and outcome of the
25
activity, and is available for consultation and direction on
26
the activity as needed, but who is not required to be

SB4024
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LRB104 19608 AAS 33057 b
1
physically present at the location where the activity is
2
performed.
3

"Immediate and direct supervision" means oversight of an
4
activity provided by a licensed funeral director or licensed
5
funeral director and embalmer who is physically present to
6
observe the activity and, as necessary, correct the
7
performance of a licensed funeral director and embalmer intern
8
or a licensed transfer care specialist. "Immediate and direct
9
supervision" does not include supervision provided by
10
telephone, electronic communication, or periodic review after
11
the activity has occurred.

12

"Licensee" means a person licensed under this Code as a
13
funeral director, funeral director and embalmer,
or
funeral
14
director and embalmer intern
, or transfer care specialist
.
15
Anyone who holds himself or herself out as a licensee or who is
16
accused of unlicensed practice is considered a licensee for
17
purposes of enforcement, investigation, hearings, and the
18
Illinois Administrative Procedure Act.
19

"Owner" means the individual, partnership, corporation,
20
limited liability company, association, trust, estate, or
21
agent thereof, or other person or combination of persons who
22
owns a funeral establishment or funeral business.
23

"Person" means any individual, partnership, association,
24
firm, corporation, limited liability company, trust or estate,
25
or other entity. "Person" includes both natural persons and
26
legal entities.

SB4024
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LRB104 19608 AAS 33057 b
1

"Secretary" means the Secretary of Financial and
2
Professional Regulation.
3

"Transfer care specialist" means a person who is licensed
4
and qualified to perform the removal of a deceased human body
5
from its place of death, institution, or other location under
6
the supervision of a licensed funeral director or a licensed
7
funeral director and embalmer.
8

"Uniquely identified" means providing the deceased with
9
individualized identification.
10
(Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25
.)

11

(225 ILCS 41/1-15)
12

(Section scheduled to be repealed on January 1, 2028)
13

Sec. 1-15.
Funeral directing; definition.
Conducting or
14
engaging in or representing or holding out oneself as
15
conducting or engaging in any one or any combination of the
16
following practices constitutes the practice of funeral
17
directing:
18

(a) The practice of preparing, otherwise than by
19

embalming, for the burial, cremation, or disposition and
20

directing and supervising the burial or disposition of
21

deceased human remains or performing any act or service in
22

connection with the preparing of dead human bodies.
23

Preparation, direction, and supervision shall not be
24

construed to mean those functions normally performed by
25

cemetery and crematory personnel
, except for functions

SB4024
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LRB104 19608 AAS 33057 b
1

that include direct physical contact with deceased human
2

remains or the direction or supervision of the disposition
3

of deceased human remains beyond the act of burial or
4

cremation
.
5

(b) The practice of operating a place for preparing
6

for the disposition of deceased human bodies or for caring
7

for deceased human bodies before their disposition.
8

Nothing in this Code shall prohibit the ownership and
9

management of such a place by an unlicensed owner if the
10

place is operated in accordance with this Code and the
11

unlicensed owner does not engage in any form of funeral
12

directing. An unlicensed owner may interact with consumers
13

while a licensed funeral director is present in accordance
14

with this Section.
15

(c) The removal of a deceased human body from its
16

place of death, institution, or other location. A licensed
17

funeral director and embalmer intern
or a licensed
18

transfer care specialist
may remove a deceased human body
19

from its place of death, institution, or other location
20

without
a licensed funeral director

another licensee
being
21

present. The licensed funeral director may engage others
22

who are not licensed funeral directors, licensed funeral
23

director and embalmers,
or
licensed funeral director and
24

embalmer interns
, or licensed transfer care specialists
to
25

assist in the removal if the funeral director directs and
26

instructs them in handling and precautionary procedures

SB4024
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LRB104 19608 AAS 33057 b
1

and accompanies them on all calls. The transportation of
2

deceased human remains to a cemetery, crematory or other
3

place of final disposition shall be under the immediate
4

direct supervision of a
licensed funeral director

licensee

5

unless otherwise permitted by this Section. The
6

transportation of deceased human remains that are embalmed
7

or otherwise prepared and enclosed in an appropriate
8

container to some other place that is not the place of
9

final disposition, such as another funeral home or common
10

carrier, or to a facility that shares common ownership
11

with the transporting funeral home may be performed under
12

the general supervision of a
licensed funeral director

13

licensee
, but the supervision need not be immediate
and

or

14

direct.
15

(d) The administering and conducting of, or assuming
16

responsibility for administering and conducting of, at
17

need funeral arrangements.
18

(e) The assuming custody of, transportation, providing
19

shelter, protection and care and disposition of deceased
20

human remains and the furnishing of necessary funeral
21

services, facilities and equipment.
22

(f) Using in connection with a name or practice the
23

word "funeral director", "undertaker", "mortician",
24

"funeral home", "funeral parlor", "funeral chapel", or any
25

other title implying that the person is engaged in the
26

practice of funeral directing.

SB4024
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LRB104 19608 AAS 33057 b
1

Within the existing scope of the practice of funeral
2
directing or funeral directing and embalming, only a licensed
3
funeral director, a licensed funeral director and embalmer, or
4
a licensed funeral director and embalmer intern under the
5
restrictions provided for in this Code, and not any other
6
person employed or contracted by the licensee, may engage in
7
the following activities at-need: (1) have direct contact with
8
consumers and explain funeral or burial merchandise or
9
services or (2) negotiate, develop, or finalize contracts with
10
consumers. This paragraph shall not be construed or enforced
11
in such a manner as to limit the functions of persons regulated
12
under the Illinois Funeral or Burial Funds Act, the Illinois
13
Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
14
Cemetery Care Act, the Cemetery Association Act, the Illinois
15
Insurance Code, or any other related professional regulatory
16
Act.
17

The practice of funeral directing shall not include the
18
phoning in of obituary notices, ordering of flowers for the
19
funeral, or reporting of prices on the firm's general price
20
list as required by the Federal Trade Commission Funeral Rule
21
by nonlicensed persons, or like clerical tasks incidental to
22
the act of making funeral arrangements.
23

The making of funeral arrangements, at need, shall be done
24
only by licensed funeral directors or licensed funeral
25
directors and embalmers. Licensed funeral director and
26
embalmer interns may, however, assist or participate in the

SB4024
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LRB104 19608 AAS 33057 b
1
arrangements under the direct supervision of a licensed
2
funeral director or licensed funeral director and embalmer.
3
(Source: P.A. 102-881, eff. 1-1-23
.)

4

(225 ILCS 41/1-20)
5

(Section scheduled to be repealed on January 1, 2028)
6

Sec. 1-20.
Funeral directing and embalming; definition.
7
"The practice of funeral directing and embalming" means:
8

(a) The practice of preparing, otherwise than by
9

embalming, for the burial, cremation, or disposition and
10

directing and supervising the burial or disposition of
11

deceased human remains or performing any act or service in
12

connection with the preparing of dead human bodies.
13

Preparation, direction, and supervision shall not be
14

construed to mean those functions normally performed by
15

cemetery and crematory personnel
, except for functions
16

that include direct physical contact with deceased human
17

remains or the direction or supervision of the disposition
18

of deceased human remains beyond the act of burial or
19

cremation
.
20

(b) The practice of operating a place for preparing
21

for the disposition of deceased human bodies or for caring
22

for deceased human bodies before their disposition.
23

Nothing in this Code shall prohibit the ownership and
24

management of such a place by an unlicensed owner if the
25

place is operated in accordance with this Code and the

SB4024
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LRB104 19608 AAS 33057 b
1

unlicensed owner does not engage in any form of funeral
2

directing and embalming.
3

(c) The removal of a deceased human body from its
4

place of death, institution or other location. A licensed
5

funeral director and embalmer intern
or a licensed
6

transfer care specialist
may remove a deceased human body
7

from its place of death, institution, or other location
8

without
a licensed funeral director and embalmer

another
9

licensee
being present. The licensed funeral director and
10

embalmer may engage others who are not licensed funeral
11

directors and embalmers, licensed funeral directors,
or

12

licensed funeral director and embalmer interns
, or
13

licensed transfer care specialists
to assist in the
14

removal if the funeral director and embalmer directs and
15

instructs them in handling and precautionary procedures
16

and accompanies them on all calls. The transportation of
17

deceased human remains to a cemetery, crematory
,
or other
18

place of final disposition shall be under the immediate,
19

direct supervision of a
licensed funeral director and
20

embalmer

licensee
unless otherwise permitted by this
21

Section. The transportation of deceased human remains that
22

are embalmed or otherwise prepared and enclosed in an
23

appropriate container to some other place that is not the
24

place of final disposition, such as another funeral home
25

or common carrier, or to a facility that shares common
26

ownership with the transporting funeral home may be

SB4024
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LRB104 19608 AAS 33057 b
1

performed under the general supervision of a
licensed
2

funeral director and embalmer

licensee
, but the
3

supervision need not be immediate
and

or
direct
4

supervision
.
5

(d) The administering and conducting of, or assuming
6

responsibility for administering and conducting of, at
7

need funeral arrangements.
8

(e) The assuming custody of, transportation, providing
9

shelter, protection and care and disposition of deceased
10

human remains and the furnishing of necessary funeral
11

services, facilities and equipment.
12

(f) Using in connection with a name or practice the
13

word "funeral director and embalmer", "embalmer", "funeral
14

director", "undertaker", "mortician", "funeral home",
15

"funeral parlor", "funeral chapel", or any other title
16

implying that the person is engaged in the practice of
17

funeral directing and embalming.
18

(g) The practice of embalming or representing or
19

holding out oneself as engaged in the practice of
20

embalming of deceased human bodies or the transportation
21

of human bodies deceased of a contagious or infectious
22

disease.
23

Within the existing scope of the practice of funeral
24
directing or funeral directing and embalming, only a licensed
25
funeral director, a licensed funeral director and embalmer, or
26
a licensed funeral director and embalmer intern under the

SB4024
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LRB104 19608 AAS 33057 b
1
restrictions provided for in this Code, and not any other
2
person employed or contracted by the licensee, may engage in
3
the following activities at-need: (1) have direct contact with
4
consumers and explain funeral or burial merchandise or
5
services or (2) negotiate, develop, or finalize contracts with
6
consumers. This paragraph shall not be construed or enforced
7
in such a manner as to limit the functions of persons regulated
8
under the Illinois Funeral or Burial Funds Act, the Illinois
9
Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
10
Cemetery Care Act, the Cemetery Association Act, the Illinois
11
Insurance Code, or any other related professional regulatory
12
Act.
13

The practice of funeral directing and embalming shall not
14
include the phoning in of obituary notices, ordering of
15
flowers for the funeral, or reporting of prices on the firm's
16
general price list as required by the Federal Trade Commission
17
Funeral Rule by nonlicensed persons, or like clerical tasks
18
incidental to the act of making funeral arrangements.
19

The making of funeral arrangements, at need, shall be done
20
only by licensed funeral directors or licensed funeral
21
directors and embalmers. Licensed funeral director and
22
embalmer interns may, however, assist or participate in the
23
arrangements under the direct supervision of a licensed
24
funeral director or licensed funeral director and embalmer.
25
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12
.)

SB4024
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LRB104 19608 AAS 33057 b
1

(225 ILCS 41/1-21 new)
2

Sec. 1-21.
Funeral establishment, funeral chapel, funeral
3
home, or mortuary.
A funeral establishment, funeral chapel,
4
funeral home, or mortuary shall operate from a fixed place of
5
business. A funeral establishment, funeral chapel, funeral
6
home, or mortuary that is under different ownership from or
7
that does not share a common financial or business interest
8
with another funeral establishment, funeral chapel, funeral
9
home, or mortuary shall not operate from the same address,
10
location, or fixed place of business as that funeral
11
establishment, funeral chapel, funeral home, or mortuary.

12

(225 ILCS 41/1-22 new)
13

Sec. 1-22.
General supervision.
General supervision may be
14
provided through periodic review, written protocols, or
15
electronic or telephonic communication. A supervising licensed
16
funeral director or licensed funeral director and embalmer
17
shall be accountable for the actions of the licensed funeral
18
director and embalmer intern or the licensed transfer care
19
specialist being supervised throughout the duration of the
20
training and supervision. The supervising licensed funeral
21
director or licensed funeral director and embalmer shall also
22
be accountable for any violations of law or rule committed in
23
the performance of duties by the licensed funeral director and
24
embalmer intern or licensed transfer care specialist being
25
supervised.

SB4024
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LRB104 19608 AAS 33057 b
1

(225 ILCS 41/1-23 new)
2

Sec. 1-23.
Immediate and direct supervision.
A supervising
3
licensed funeral director or licensed funeral director and
4
embalmer shall be accountable for the actions of the licensed
5
funeral director and embalmer intern or the licensed transfer
6
care specialist being supervised throughout the duration of
7
the training and supervision. The supervising licensed funeral
8
director or licensed funeral director and embalmer shall also
9
be accountable for any violations of law or rule committed in
10
the performance of duties by the licensed funeral director and
11
embalmer intern or licensed transfer care specialist being
12
supervised.

13

(225 ILCS 41/Art. 11 heading new)
14
ARTICLE 11.

TRANSFER CARE SPECIALISTS

15

(225 ILCS 41/11-1 new)
16

Sec. 11-1.
Applicability.
This Article does not apply to
17
Cook County, DuPage County, Lake County, and McHenry County.

18

(225 ILCS 41/11-5 new)
19

Sec. 11-5.
License requirement.
It is unlawful for any
20
person to practice or attempt to practice as a transfer care
21
specialist without being licensed by the Department.
22

No licensed transfer care specialist shall engage in the

SB4024
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LRB104 19608 AAS 33057 b
1
independent practice of removing a deceased human body from
2
its place of death, institution, or other location. A licensed
3
transfer care specialist may perform such removal only while
4
acting under the general supervision of a licensed funeral
5
director or a licensed funeral director and embalmer who is on
6
record with the Department as the sponsor of the licensed
7
transfer care specialist.
8

No person shall practice as a licensed transfer care
9
specialist unless he or she is employed by a funeral
10
establishment, funeral chapel, funeral home, or mortuary. The
11
supervising licensed funeral director or licensed funeral
12
director and embalmer who is on record with the Department as
13
the sponsor of the licensed transfer care specialist shall
14
also be employed by the same funeral establishment, funeral
15
chapel, funeral home, or mortuary as the licensed transfer
16
care specialist.
17

No licensed transfer care specialist shall perform the
18
removal of a deceased human body from its place of death,
19
institution, or other location on behalf of any funeral
20
establishment other than the funeral establishment that is on
21
record with the Department as the employer of both the
22
licensed transfer care specialist and the supervising licensed
23
funeral director or licensed funeral director and embalmer who
24
is the sponsor of the licensed transfer care specialist.
25

No licensed transfer care specialist shall transport a
26
deceased human body from a place of death to any funeral

SB4024
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LRB104 19608 AAS 33057 b
1
establishment or other location other than the funeral
2
establishment that is on record with the Department as the
3
employer of both the licensed transfer care specialist and the
4
supervising licensed funeral director or licensed funeral
5
director and embalmer who is the sponsor of the licensed
6
transfer care specialist.
7

No licensed transfer care specialist shall practice
8
funeral directing and embalming.

9

(225 ILCS 41/11-10 new)
10

Sec. 11-10.
Address of record; email address of record.
11
All applicants and licensees shall:
12

(1) provide a valid address and email address to the
13

Department, which shall serve as the address of record and
14

email address of record, respectively, at the time of
15

application for licensure, renewal, or restoration of a
16

license; and
17

(2) inform the Department of any changes of address
18

within 14 days after the change of address of record or
19

email address of record, either through the Department's
20

website or by contacting the Department's licensure
21

maintenance unit.

22

(225 ILCS 41/11-15 new)
23

Sec. 11-15.
License qualifications.

24

(a) A person who meets all of the following requirements

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is qualified to receive a license as a transfer care
2
specialist:
3

(1) is at least 18 years of age.
4

(2) has successfully completed a Department-approved
5

certification course prior to submitting an application
6

for licensure. The certification course shall be at least
7

8 hours in length, shall be conducted in person and on
8

site, and shall include instruction, at a minimum, in the
9

following subject areas:
10

(A) all relevant State and federal laws and
11

regulations related to the removal of a deceased human
12

body from its place of death and the transportation of
13

a deceased human body;
14

(B) ethical care, handling, and transportation
15

procedures for deceased human bodies;
16

(C) scene safety, hazard recognition, and the use
17

of personal protective equipment;
18

(D) Occupational Safety and Health Administration
19

(OSHA) infection control and bloodborne pathogen
20

safety training, including the use of universal
21

precautions and other reasonable measures to minimize
22

the risk of transmitting communicable diseases;
23

(E) health and safety concerns for the public and
24

the individual performing the transfer of the deceased
25

human body;
26

(F) basic human anatomy and postmortem

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physiological changes related to the handling of
2

deceased human bodies;
3

(G) proper lifting techniques, body mechanics, and
4

the use of equipment for the safe and dignified
5

removal and transport of deceased human bodies;
6

(H) removal procedures for residential and
7

institutional places of death;
8

(I) transportation safety and vehicle operations
9

related to the transfer of deceased human bodies;
10

(J) communication with family members, health care
11

personnel, law enforcement, and medical examiner or
12

coroner staff; and
13

(K) documentation and recordkeeping requirements
14

related to the removal and transfer of a deceased
15

human body.
16

(3) is employed by a funeral establishment that is
17

authorized to employ a licensed transfer care specialist.
18

The employment of licensed transfer care specialists at a
19

funeral establishment shall be limited to no more than 2
20

licensed transfer care specialists for any funeral
21

establishment under common ownership or common interest
22

that is located within a 30-mile geographic radius of
23

another funeral establishment under the same common
24

ownership or common interest.
25

(4) has been accepted by a licensed funeral director
26

or licensed funeral director and embalmer who will be

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responsible for supervising the practice of the licensed
2

transfer care specialist. The supervising licensed funeral
3

director or licensed funeral director and embalmer must be
4

authorized to supervise a licensed transfer care
5

specialist and must be on record with the Department as
6

the sponsor of the licensed transfer care specialist. A
7

licensed funeral director or licensed funeral director and
8

embalmer shall sponsor or supervise no more than 2
9

licensed transfer care specialists at any time.
10

(5) is satisfactorily versed in approved measures used
11

by the practice for the prevention and against the spread
12

of disease and has the skills reasonably involved, and is
13

adequately and properly protected against communicable
14

diseases by means usually adopted and approved by medical
15

science.
16

(b) In addition to completing a certification course, an
17
applicant shall complete no less than 12 removals of deceased
18
human bodies that are performed under the immediate and direct
19
supervision of a licensed funeral director or licensed funeral
20
director and embalmer. The required supervised removals shall
21
include, but are not limited to, at least 4 removals from a
22
residential place of death and at least 4 removals from an
23
institutional place of death.
24

(c) An applicant for licensure shall submit proof of
25
completion of a certification course and proof of the
26
applicant's completion of supervised removals with the

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applicant's license application on forms that have been
2
prescribed by the Department or verified by a qualified
3
organization that has been selected by the Department to
4
maintain such records.
5

(d) The Department may adopt rules to implement this
6
Section, including rules concerning standards for course
7
approval, supervision, documentation, minimum competencies,
8
and record retention.

9

(225 ILCS 41/11-20 new)
10

Sec. 11-20.
Application.
Every person who desires to
11
obtain a license as a transfer care specialist shall apply to
12
the Department in writing on forms or electronically as
13
prescribed by the Department. An application shall contain
14
proof of the particular qualifications that are required of
15
the applicant, shall be certified by the applicant, the
16
funeral establishment, and the licensed funeral director or
17
licensed funeral director and embalmer sponsor, and shall be
18
accompanied by the required fee that shall not be refundable.

19

(225 ILCS 41/11-25 new)
20

Sec. 11-25.
Issuance and display of transfer care
21
specialist license.

22

(a) Whenever an applicant has met the requirements of this
23
Code, the Department may issue a license to the applicant as a
24
transfer care specialist.

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(b) Every holder of a license as a transfer care
2
specialist shall display the license, or a copy of the
3
license, in a conspicuous place in the funeral establishment,
4
funeral chapel, funeral home, or mortuary in which the
5
licensee is employed. Every displayed license shall have the
6
license number visible.

7

(225 ILCS 41/11-30 new)
8

Sec. 11-30.
Renewal; reinstatement; restoration.

9

(a) Transfer care specialist licenses shall expire on May
10
31 of every odd-numbered year. The holder of a license as a
11
transfer care specialist may renew the license during the
12
month preceding the expiration date of the license by paying
13
the required fee. Any licensed transfer care specialist whose
14
license has been expired for more than 2 years may have the
15
license restored only by fulfilling the requirements set forth
16
by the Department by rule and by paying the required
17
restoration fee. However, any transfer care specialist whose
18
license has expired while he or she has been engaged (i) in
19
federal service on active duty with the United States Army,
20
Navy, Marine Corps, Air Force, Space Force, or Coast Guard, or
21
the State Militia, called into the service or training of the
22
United States of America, or (ii) in training or education
23
under the supervision of the United States preliminary to
24
induction into the military service, may have his or her
25
license restored without paying any lapsed renewal fees or

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restoration fee and without passing any examination if, within
2
2 years after termination of the service, training, or
3
education other than by dishonorable discharge, he or she
4
furnishes the Department with an affidavit to the effect that
5
he or she has been so engaged and that his or her service,
6
training, or education has been so terminated.
7

(b) In addition to any other requirement for renewal of a
8
license or the reinstatement or restoration of an expired
9
license, as a condition for the renewal, reinstatement, or
10
restoration of a license as a transfer care specialist, each
11
licensee shall provide evidence to the Department of
12
completion of at least 6 hours of continuing education during
13
the 24 months preceding the expiration date of the license or,
14
in the case of reinstatement or restoration, within the 24
15
months preceding the application for reinstatement or
16
restoration. Any continuing education sponsors shall be
17
approved by the Board. In addition, any qualified continuing
18
education course for licensed transfer care specialists
19
offered by a college, university, the Illinois Funeral
20
Directors Association, Funeral Directors Services Association
21
of Greater Chicago, Cook County Association of Funeral Home
22
Owners, Inc., Illinois Selected Morticians Associations, Inc.,
23
Illinois Cemetery and Funeral Home Association, National
24
Funeral Directors Association, Selected Independent Funeral
25
Homes, National Funeral Directors and Morticians Association,
26
Inc., International Order of the Golden Rule, or an Illinois

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school of mortuary science shall be accepted toward the
2
satisfaction of the continuing education requirements under
3
this Section.
4

(c) The Department shall establish by rule a means for the
5
verification of the completion of the continuing education
6
required under this Section. The verification may be
7
accomplished through audits of records maintained by
8
licensees, by requiring the filing of continued education
9
certificates with the Department or a qualified organization
10
that has been selected by the Department to maintain the
11
records, or by other means established by the Department.
12

(d) Any transfer care specialist whose license is in
13
nonrenewed status shall not engage in the practice of the
14
removal of a deceased human body from its place of death,
15
institution, or other location in this State or use the title
16
or advertise that he or she performs the services of a licensed
17
transfer care specialist. Any person who violates this Section
18
shall be considered to be practicing without a license and
19
shall be subject to the disciplinary provisions of this Code.
20

(e) This Section is repealed on January 1, 2030.

21

(225 ILCS 41/11-40 new)
22

Sec. 11-40.
Rulemaking.
The Department shall adopt rules
23
to implement and administer this Article in accordance with
24
the Illinois Administrative Procedure Act.

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(225 ILCS 41/15-30)
2

(Section scheduled to be repealed on January 1, 2028)
3

Sec. 15-30.
Unlicensed practice; violations; civil
4
penalty.
5

(a) Any person who practices, offers to practice, attempts
6
to practice, or holds one's self out as a funeral director or a
7
funeral director and embalmer
,

or
a funeral director and
8
embalmer intern
, or a transfer care specialist
as provided in
9
this Code without being licensed or exempt under this Code
10
shall, in addition to any other penalty provided by law, pay a
11
civil penalty to the Department in an amount not to exceed
12
$10,000 for each offense, as determined by the Department. The
13
civil penalty shall be assessed by the Department after a
14
hearing is held in accordance with Section 15-75.
15

(b) The Department may investigate any actual, alleged, or
16
suspected unlicensed activity.
17

(c) The civil penalty shall be paid within 60 days after
18
the effective date of the order imposing the civil penalty.
19
The order shall constitute a judgment and may be filed and
20
execution had thereon in the same manner as any judgment from
21
any court of record.
22

(d) A person or entity not licensed under this Code who has
23
violated any provision of this Code or its rules is guilty of a
24
Class A misdemeanor for the first offense and a Class 4 felony
25
for a second and subsequent offenses.
26
(Source: P.A. 102-881, eff. 1-1-23
.)

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(225 ILCS 41/15-45)
2

(Section scheduled to be repealed on January 1, 2028)
3

Sec. 15-45.
Practice without license; injunction; cease
4
and desist order; civil penalties.
5

(a) The practice of funeral directing and embalming or
6
funeral directing by any person who has not been issued a
7
license by the Department, whose license has been suspended or
8
revoked, or whose license has not been renewed is hereby
9
declared to be inimical to the public welfare and to
10
constitute a public nuisance. The Secretary may, in the name
11
of the People of the State of Illinois through the Attorney
12
General of the State of Illinois, or the State's Attorney of
13
any county in which the violation is alleged to have occurred
14
in the State of Illinois, apply for an injunction in the
15
circuit court to enjoin any person who has not been issued a
16
license or whose license has been suspended or revoked, or
17
whose license has not been renewed, from practicing funeral
18
directing and embalming or funeral directing. Upon the filing
19
of a verified complaint in court, the court, if satisfied by
20
affidavit or otherwise that the person is or has been
21
practicing funeral directing and embalming or funeral
22
directing without having been issued a license or after his or
23
her license has been suspended, revoked, or not renewed, may
24
issue a temporary restraining order or preliminary injunction,
25
without notice or bond, enjoining the defendant from further

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practicing funeral directing and embalming or funeral
2
directing. A copy of the verified complaint shall be served
3
upon the defendant and the proceedings shall thereafter be
4
conducted as in other civil cases. If it is established that
5
the defendant has been or is practicing funeral directing and
6
embalming or funeral directing without having been issued a
7
license or has been or is practicing funeral directing and
8
embalming or funeral directing after his or her license has
9
been suspended, revoked, or not renewed, the court may enter a
10
judgment perpetually enjoining the defendant from further
11
practicing funeral directing and embalming or funeral
12
directing. In case of violation of any injunction entered
13
under this Section, the court may summarily try and punish the
14
offender for contempt of court. Any injunction proceeding
15
shall be in addition to, and not in lieu of, all penalties and
16
other remedies in this Code.
17

(a-5) The practice of removing a deceased human body from
18
its place of death, institution, or other location as a
19
transfer care specialist by any person who has not been issued
20
a license by the Department, whose license has been suspended
21
or revoked, or whose license has not been renewed is hereby
22
declared to be inimical to the public welfare and to
23
constitute a public nuisance. The Secretary may, in the name
24
of the People of the State of Illinois through the Attorney
25
General or the State's Attorney of any county in this State in
26
which the violation is alleged to have occurred, apply for an

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injunction in the circuit court to enjoin any person who has
2
not been issued a license, whose license has been suspended or
3
revoked, or whose license has not been renewed, from
4
practicing the removal of a deceased human body from its place
5
of death, institution, or other location as a transfer care
6
specialist. Upon the filing of a verified complaint in court,
7
the court, if satisfied by affidavit or otherwise that the
8
person is or has been practicing the removal of a deceased
9
human body from its place of death, institution, or other
10
location as a transfer care specialist without having been
11
issued a license or after his or her license has been
12
suspended, revoked, or not renewed, may issue a temporary
13
restraining order or preliminary injunction, without notice or
14
bond, enjoining the defendant from further practicing the
15
removal of a deceased human body from its place of death,
16
institution, or other location as a transfer care specialist.
17
A copy of the verified complaint shall be served upon the
18
defendant and the proceedings shall thereafter be conducted as
19
proceedings in other civil cases. If it is established that
20
the defendant has been or is practicing the removal of a
21
deceased human body from its place of death, institution, or
22
other location as a transfer care specialist without having
23
been issued a license or has been or is practicing the removal
24
of a deceased human body from its place of death, institution,
25
or other location as a transfer care specialist after his or
26
her license has been suspended, revoked, or not renewed, the

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court may enter a judgment perpetually enjoining the defendant
2
from further practicing the removal of a deceased human body
3
from its place of death, institution, or other location as a
4
transfer care specialist. In case of the violation of any
5
injunction entered pursuant to this Section, the court may
6
summarily try and punish the offender for contempt of court.
7
Any injunction proceeding shall be in addition to, and not in
8
lieu of, all penalties and other remedies in this Code.

9

(b) Whenever, in the opinion of the Department, any person
10
or other entity violates any provision of this Code, the
11
Department may issue a notice to show cause why an order to
12
cease and desist should not be entered against that person or
13
other entity. The rule shall clearly set forth the grounds
14
relied upon by the Department and shall provide a period of 7
15
days from the date of the rule to file an answer to the
16
satisfaction of the Department. Failure to answer to the
17
satisfaction of the Department shall cause an order to cease
18
and desist to be issued immediately.

19

(c) (Blank).
20
(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11;
21
97-1130, eff. 8-28-12
.)

22

(225 ILCS 41/15-72)
23

Sec. 15-72.
Applicant convictions.

24

(a) When reviewing a conviction by plea of guilty or nolo
25
contendere, finding of guilt, jury verdict, or entry of

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judgment or by sentencing of an initial applicant, the
2
Department may only deny a license based upon consideration of
3
mitigating factors provided in subsection (c) of this Section
4
for a felony directly related to the practice of funeral
5
directing and embalming.
6

(b) The following crimes or similar offenses in any other
7
jurisdiction are hereby deemed directly related to the
8
practice of funeral directing and embalming
and the practice
9
of removing a deceased human body from its place of death,
10
institution, or other location as a transfer care specialist
:
11

(1) first degree murder;
12

(2) second degree murder;
13

(3) drug induced homicide;
14

(4) unlawful restraint;
15

(5) aggravated unlawful restraint;
16

(6) forcible detention;
17

(7) involuntary servitude;
18

(8) involuntary sexual servitude of a minor;
19

(9) predatory criminal sexual assault of a child;
20

(10) aggravated criminal sexual assault;
21

(11) criminal sexual assault;
22

(12) criminal sexual abuse;
23

(13) aggravated kidnaping;
24

(14) aggravated robbery;
25

(15) armed robbery;
26

(16) kidnapping;

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(17) aggravated battery;
2

(18) aggravated vehicular hijacking;
3

(19) terrorism;
4

(20) causing a catastrophe;
5

(21) possession of a deadly substance;
6

(22) making a terrorist threat;
7

(23) material support for terrorism;
8

(24) hindering prosecution of terrorism;
9

(25) armed violence;
10

(26) any felony based on consumer fraud or deceptive
11

business practices under the Consumer Fraud and Deceptive
12

Business Practices Act;
13

(27) any felony requiring registration as a sex
14

offender under the Sex Offender Registration Act;
15

(28) attempt of any the offenses set forth in
16

paragraphs (1) through (27) of this subsection (b); and
17

(29) convictions set forth in Section 15-75 of this
18

Code.
19

(c) The Department shall consider any mitigating factors
20
contained in the record, when determining the appropriate
21
disciplinary sanction, if any, to be imposed. In addition to
22
those set forth in Section 2105-130 of the Department of
23
Professional Regulation Law of the Civil Administrative Code
24
of Illinois, mitigating factors shall include the following:
25

(1) the bearing, if any, the criminal offense or
26

offenses for which the person was previously convicted

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1

will have on his or her fitness or ability to perform one
2

or more such duties and responsibilities;
3

(2) the time that has elapsed since the criminal
4

conviction; and
5

(3) the age of the person at the time of the criminal
6

conviction.
7

(d) The Department shall issue an annual report by January
8
31, 2018 and by January 31 each year thereafter, indicating
9
the following:
10

(1) the number of initial applicants for a license
11

under this Code within the preceding calendar year;
12

(2) the number of initial applicants for a license
13

under this Code within the previous calendar year who had
14

a conviction;
15

(3) the number of applicants with a conviction who
16

were granted a license under this Code within the previous
17

year;
18

(4) the number of applicants denied a license under
19

this Code within the preceding calendar year; and
20

(5) the number of applicants denied a license under
21

this Code solely on the basis of a conviction within the
22

preceding calendar year.
23

(e) Nothing in this Section shall prevent the Department
24
taking disciplinary or non-disciplinary action against a
25
license as set forth in paragraph (2) of subsection (b) of
26
Section 15-175 of this Code.

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1
(Source: P.A. 99-876, eff. 1-1-17
.)

2

(225 ILCS 41/15-75)
3

(Section scheduled to be repealed on January 1, 2028)
4

Sec. 15-75.
Grounds for discipline; penalties.
5

(a) (Blank).
6

(a-5) Violations of this Code shall be punishable as
7
follows:
8

(1) Intentionally or knowingly making a false
9

statement on a Certificate of Death is a Class 4 felony.
10

(2) Intentionally or knowingly making or filing false
11

records or reports in the practice of funeral directing
12

and embalming, including, but not limited to, false
13

records filed with State agencies or departments is a
14

Class 4 felony.
15

(3) Intentionally or knowingly violating the chain of
16

custody record requirements set forth in Section 15-56 is
17

a Class 4 felony.
18

(4) Intentionally or knowingly violating the
19

preparation rooms procedures and rules outlined in Section
20

15-55 is a Class 4 felony.
21

(5) Engaging in funeral directing or embalming without
22

a license is a Class A misdemeanor.
23

(6) Engaging in practice as a transfer care specialist
24

without a license is a Class A misdemeanor.

25

(b) The Department may refuse to issue or renew, revoke,

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1
suspend, place on probation or administrative supervision,
2
reprimand, or take other disciplinary or non-disciplinary
3
action as the Department may deem appropriate, including fines
4
not to exceed $10,000 for each violation, with regard to any
5
license under this Code for any one or combination of the
6
following:
7

(1) Fraud or any misrepresentation in applying for or
8

procuring a license under this Code or in connection with
9

applying for renewal of a license under this Code.
10

(2) For licenses, conviction by plea of guilty or nolo
11

contendere, finding of guilt, jury verdict, or entry of
12

judgment or by sentencing of any crime, including, but not
13

limited to, convictions, preceding sentences of
14

supervision, conditional discharge, or first offender
15

probation, under the laws of any jurisdiction of the
16

United States: (i) that is a felony or (ii) that is a
17

misdemeanor, an essential element of which is dishonesty,
18

or that is directly related to the practice of the
19

profession and, for initial applicants, convictions set
20

forth in Section 15-72 of this Code.
21

(3) (Blank).
22

(4) Directly or indirectly paying or causing to be
23

paid any sum of money or other valuable consideration for
24

the securing of business or for obtaining authority to
25

dispose of any deceased human body.
26

(5) Professional incompetence, gross negligence,

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malpractice, or untrustworthiness in the practice of
2

funeral directing and embalming or funeral directing
or in
3

practice as a transfer care specialist
.
4

(6) (Blank).
5

(7) Engaging in, promoting, selling, or issuing burial
6

contracts, burial certificates, or burial insurance
7

policies in connection with the profession as a funeral
8

director and embalmer, funeral director, or funeral
9

director and embalmer intern in violation of any laws of
10

the State of Illinois.
11

(8) Refusing, without cause, to surrender the custody
12

of a deceased human body upon the proper request of the
13

person or persons lawfully entitled to the custody of the
14

body.
15

(9) Taking undue advantage of a client or clients as
16

to amount to the perpetration of fraud.
17

(10) (Blank).
18

(11) Encouraging, requesting, or suggesting by a
19

licensee or some person working on his behalf and with his
20

consent for compensation that a person utilize the
21

services of a certain funeral director and embalmer,
22

funeral director, or funeral establishment unless that
23

information has been expressly requested by the person.
24

This does not prohibit general advertising or pre-need
25

solicitation.
26

(12) Making or causing to be made any false or

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misleading statements about the laws concerning the
2

disposition of human remains, including, but not limited
3

to, the need to embalm, the need for a casket for cremation
4

or the need for an outer burial container.
5

(13) (Blank).
6

(14) Embalming or attempting to embalm a deceased
7

human body without express prior authorization of the
8

person responsible for making the funeral arrangements for
9

the body. This does not apply to cases where embalming is
10

directed by local authorities who have jurisdiction or
11

when embalming is required by State or local law. A
12

licensee may embalm without express prior authorization if
13

a good faith effort has been made to contact family
14

members and has been unsuccessful and the licensee has no
15

reason to believe the family opposes embalming.
16

(15) (Blank).
17

(16) Soliciting human bodies after death or while
18

death is imminent.
19

(17) Performing any act or practice that is a
20

violation of this Code, the rules for the administration
21

of this Code, or any federal, State or local laws, rules,
22

or regulations governing the practice of funeral directing
23

or embalming.
24

(18) Performing any act or practice that is a
25

violation of Section 2 of the Consumer Fraud and Deceptive
26

Business Practices Act.

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(19) Engaging in dishonorable, unethical, or
2

unprofessional conduct of a character likely to deceive,
3

defraud or harm the public.
4

(20) Taking possession of a dead human body without
5

having first obtained express permission from the person
6

holding the right to control the disposition in accordance
7

with Section 5 of the Disposition of Remains Act or a
8

public agency legally authorized to direct, control or
9

permit the removal of deceased human bodies.
10

(21) Advertising in a false or misleading manner or
11

advertising using the name of an unlicensed person in
12

connection with any service being rendered in the practice
13

of funeral directing or funeral directing and embalming.
14

The use of any name of an unlicensed or unregistered
15

person in an advertisement so as to imply that the person
16

will perform services is considered misleading
17

advertising. Nothing in this paragraph shall prevent
18

including the name of any owner, officer or corporate
19

director of a funeral home, who is not a licensee, in any
20

advertisement used by a funeral home with which the
21

individual is affiliated, if the advertisement specifies
22

the individual's affiliation with the funeral home.
23

(22) Charging for professional services not rendered,
24

including filing false statements for the collection of
25

fees for which services are not rendered.
26

(23) Failing to account for or remit any monies,

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documents, or personal property that belongs to others
2

that comes into a licensee's possession.
3

(24) Treating any person differently to his detriment
4

because of race, color, creed, gender, religion, or
5

national origin.
6

(25) Knowingly making any false statements, oral or
7

otherwise, of a character likely to influence, persuade or
8

induce others in the course of performing professional
9

services or activities.
10

(26) (Blank).
11

(27) Failing to acquire continuing education required
12

under this Code.
13

(28) (Blank).
14

(29) Aiding or assisting another person in violating
15

any provision of this Code or rules adopted pursuant to
16

this Code.
17

(30) Failing within 10 days, to provide information in
18

response to a written request made by the Department.
19

(31) Discipline by another state, District of
20

Columbia, territory, foreign nation, or governmental
21

agency, if at least one of the grounds for the discipline
22

is the same or substantially equivalent to those set forth
23

in this Section.
24

(32) (Blank).
25

(33) Mental illness or disability which results in the
26

inability to practice the profession with reasonable

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1

judgment, skill, or safety.
2

(34) Gross, willful, or continued overcharging for
3

professional services, including filing false statements
4

for collection of fees for which services are not
5

rendered.
6

(35) Physical illness, including, but not limited to,
7

deterioration through the aging process or loss of motor
8

skill which results in a licensee's inability to practice
9

under this Code with reasonable judgment, skill, or
10

safety.
11

(36) Failing to comply with any of the following
12

required activities:
13

(A) When reasonably possible, a funeral director
14

licensee or funeral director and embalmer licensee or
15

anyone acting on his or her behalf shall obtain the
16

express authorization of the person or persons
17

responsible for making the funeral arrangements for a
18

deceased human body prior to removing a body from the
19

place of death or any place it may be or embalming or
20

attempting to embalm a deceased human body, unless
21

required by State or local law. This requirement is
22

waived whenever removal or embalming is directed by
23

local authorities who have jurisdiction. If the
24

responsibility for the handling of the remains
25

lawfully falls under the jurisdiction of a public
26

agency, then the regulations of the public agency

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shall prevail.
2

(B) A licensee shall clearly mark the price of any
3

casket offered for sale or the price of any service
4

using the casket on or in the casket if the casket is
5

displayed at the funeral establishment. If the casket
6

is displayed at any other location, regardless of
7

whether the licensee is in control of that location,
8

the casket shall be clearly marked and the registrant
9

shall use books, catalogues, brochures, or other
10

printed display aids to show the price of each casket
11

or service.
12

(C) At the time funeral arrangements are made and
13

prior to rendering the funeral services, a licensee
14

shall furnish a written statement of services to be
15

retained by the person or persons making the funeral
16

arrangements, signed by both parties, that shall
17

contain: (i) the name, address and telephone number of
18

the funeral establishment and the date on which the
19

arrangements were made; (ii) the price of the service
20

selected and the services and merchandise included for
21

that price; (iii) a clear disclosure that the person
22

or persons making the arrangement may decline and
23

receive credit for any service or merchandise not
24

desired and not required by law or the funeral
25

director or the funeral director and embalmer; (iv)
26

the supplemental items of service and merchandise

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1

requested and the price of each item; (v) the terms or
2

method of payment agreed upon; and (vi) a statement as
3

to any monetary advances made by the registrant on
4

behalf of the family. The licensee shall maintain a
5

copy of the written statement of services in its
6

permanent records. All written statements of services
7

are subject to inspection by the Department.
8

(D) In all instances where the place of final
9

disposition of a deceased human body or the cremated
10

remains of a deceased human body is a cemetery, the
11

licensed funeral director and embalmer, or licensed
12

funeral director, who has been engaged to provide
13

funeral or embalming services shall remain at the
14

cemetery and personally witness the placement of the
15

human remains in their designated grave or the sealing
16

of the above ground depository, crypt, or urn. The
17

licensed funeral director or licensed funeral director
18

and embalmer may designate a licensed funeral director
19

and embalmer intern or representative of the funeral
20

home to be his or her witness to the placement of the
21

remains.
If, at a time after the funeral home has
22

released the cremated remains, arrangements are made
23

for the placement of the cremated remains in a
24

designated grave, above-ground depository, crypt, or
25

urn, and the licensed funeral director or licensed
26

funeral director and embalmer was not contracted to be

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1

present for the burial or placement of the cremated
2

remains, the licensed funeral director or licensed
3

funeral director and embalmer is not required to be
4

present at the cemetery to witness the burial or
5

placement of the cremated remains.
If the cemetery
6

authority, cemetery manager, or any other agent of the
7

cemetery takes any action that prevents compliance
8

with this paragraph (D), then the funeral director and
9

embalmer or funeral director shall provide written
10

notice to the Department within 5 business days after
11

failing to comply. If the Department receives this
12

notice, then the Department shall not take any
13

disciplinary action against the funeral director and
14

embalmer or funeral director for a violation of this
15

paragraph (D) unless the Department finds that the
16

cemetery authority, manager, or any other agent of the
17

cemetery did not prevent the funeral director and
18

embalmer or funeral director from complying with this
19

paragraph (D) as claimed in the written notice.
20

(E) A funeral director or funeral director and
21

embalmer shall fully complete the portion of the
22

Certificate of Death under the responsibility of the
23

funeral director or funeral director and embalmer and
24

provide all required information. In the event that
25

any reported information subsequently changes or
26

proves incorrect, a funeral director or funeral

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1

director and embalmer shall immediately upon learning
2

the correct information correct the Certificate of
3

Death.
4

(37) A finding by the Department that the licensee,
5

after having his or her license placed on probationary
6

status or subjected to conditions or restrictions,
7

violated the terms of the probation or failed to comply
8

with such terms or conditions.
9

(38) (Blank).
10

(39) Being named as a perpetrator in an indicated
11

report by the Department of Children and Family Services
12

pursuant to the Abused and Neglected Child Reporting Act
13

and, upon proof by clear and convincing evidence, being
14

found to have caused a child to be an abused child or
15

neglected child as defined in the Abused and Neglected
16

Child Reporting Act.
17

(40) Habitual or excessive use or abuse of drugs
18

defined in law as controlled substances, alcohol, or any
19

other substance which results in the inability to practice
20

with reasonable judgment, skill, or safety.
21

(41) Practicing under a false or, except as provided
22

by law, an assumed name.
23

(42) Cheating on or attempting to subvert the
24

licensing examination administered under this Code.
25

(c) The Department may refuse to issue or renew or may
26
suspend without a hearing, as provided for in the Department

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1
of Professional Regulation Law of the Civil Administrative
2
Code of Illinois, the license of any person who fails to file a
3
return, to pay the tax, penalty or interest shown in a filed
4
return, or to pay any final assessment of tax, penalty or
5
interest as required by any tax Act administered by the
6
Illinois Department of Revenue, until the time as the
7
requirements of the tax Act are satisfied in accordance with
8
subsection (g) of Section 2105-15 of the Department of
9
Professional Regulation Law of the Civil Administrative Code
10
of Illinois.
11

(d) No action may be taken under this Code against a person
12
licensed under this Code unless the action is commenced within
13
5 years after the occurrence of the alleged violations. A
14
continuing violation shall be deemed to have occurred on the
15
date when the circumstances last existed that give rise to the
16
alleged violation.
17

(e) Nothing in this Section shall be construed or enforced
18
to give a funeral director and embalmer, or his or her
19
designees, authority over the operation of a cemetery or over
20
cemetery employees. Nothing in this Section shall be construed
21
or enforced to impose duties or penalties on cemeteries with
22
respect to the timing of the placement of human remains in
23
their designated grave or the sealing of the above ground
24
depository, crypt, or urn due to patron safety, the allocation
25
of cemetery staffing, liability insurance, a collective
26
bargaining agreement, or other such reasons.

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1

(f) All fines imposed under this Section shall be paid 60
2
days after the effective date of the order imposing the fine.
3

(g) (Blank).
4

(h) In cases where the Department of Healthcare and Family
5
Services has previously determined a licensee or a potential
6
licensee is more than 30 days delinquent in the payment of
7
child support and has subsequently certified the delinquency
8
to the Department, the Department may refuse to issue or renew
9
or may revoke or suspend that person's license or may take
10
other disciplinary action against that person based solely
11
upon the certification of delinquency made by the Department
12
of Healthcare and Family Services in accordance with item (5)
13
of subsection (a) of Section 2105-15 of the Department of
14
Professional Regulation Law of the Civil Administrative Code
15
of Illinois.
16

(i) A person not licensed under this Code who is an owner
17
of a funeral establishment or funeral business shall not aid,
18
abet, assist, procure, advise, employ, or contract with any
19
unlicensed person to offer funeral services or aid, abet,
20
assist, or direct any licensed person contrary to or in
21
violation of any rules or provisions of this Code. A person
22
violating this subsection shall be treated as a licensee for
23
the purposes of disciplinary action under this Section and
24
shall be subject to cease and desist orders as provided in this
25
Code, the imposition of a fine up to $10,000 for each violation
26
and any other penalty provided by law.

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1

(j) The determination by a circuit court that a licensee
2
is subject to involuntary admission or judicial admission as
3
provided in the Mental Health and Developmental Disabilities
4
Code, as amended, operates as an automatic suspension. The
5
suspension may end only upon a finding by a court that the
6
licensee is no longer subject to the involuntary admission or
7
judicial admission and issues an order so finding and
8
discharging the licensee, and upon the recommendation of the
9
Board to the Secretary that the licensee be allowed to resume
10
his or her practice.
11

(k) In enforcing this Code, the Department, upon a showing
12
of a possible violation, may compel an individual licensed to
13
practice under this Code, or who has applied for licensure
14
under this Code, to submit to a mental or physical
15
examination, or both, as required by and at the expense of the
16
Department. The Department may order the examining physician
17
to present testimony concerning the mental or physical
18
examination of the licensee or applicant. No information shall
19
be excluded by reason of any common law or statutory privilege
20
relating to communications between the licensee or applicant
21
and the examining physician. The examining physician shall be
22
specifically designated by the Department. The individual to
23
be examined may have, at his or her own expense, another
24
physician of his or her choice present during all aspects of
25
this examination. The examination shall be performed by a
26
physician licensed to practice medicine in all its branches.

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1
Failure of an individual to submit to a mental or physical
2
examination, when directed, shall result in an automatic
3
suspension without hearing.
4

A person holding a license under this Code or who has
5
applied for a license under this Code who, because of a
6
physical or mental illness or disability, including, but not
7
limited to, deterioration through the aging process or loss of
8
motor skill, is unable to practice the profession with
9
reasonable judgment, skill, or safety, may be required by the
10
Department to submit to care, counseling, or treatment by
11
physicians approved or designated by the Department as a
12
condition, term, or restriction for continued, reinstated, or
13
renewed licensure to practice. Submission to care, counseling,
14
or treatment as required by the Department shall not be
15
considered discipline of a license. If the licensee refuses to
16
enter into a care, counseling, or treatment agreement or fails
17
to abide by the terms of the agreement, the Department may file
18
a complaint to revoke, suspend, or otherwise discipline the
19
license of the individual. The Secretary may order the license
20
suspended immediately, pending a hearing by the Department.
21
Fines shall not be assessed in disciplinary actions involving
22
physical or mental illness or impairment.
23

In instances in which the Secretary immediately suspends a
24
person's license under this Section, a hearing on that
25
person's license must be convened by the Department within 15
26
days after the suspension and completed without appreciable

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1
delay. The Department shall have the authority to review the
2
subject individual's record of treatment and counseling
3
regarding the impairment to the extent permitted by applicable
4
federal statutes and regulations safeguarding the
5
confidentiality of medical records.
6

An individual licensed under this Code and affected under
7
this Section shall be afforded an opportunity to demonstrate
8
to the Department that he or she can resume practice in
9
compliance with acceptable and prevailing standards under the
10
provisions of his or her license.
11
(Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25
.)

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1

INDEX

2

Statutes amended in order of appearance

3

225 ILCS 41/1-10
4

225 ILCS 41/1-15
5

225 ILCS 41/1-20
6

225 ILCS 41/1-21 new
7

225 ILCS 41/1-22 new
8

225 ILCS 41/1-23 new
9

225 ILCS 41/Art. 11
10

heading new
11

225 ILCS 41/11-1 new
12

225 ILCS 41/11-5 new
13

225 ILCS 41/11-10 new
14

225 ILCS 41/11-15 new
15

225 ILCS 41/11-20 new
16

225 ILCS 41/11-25 new
17

225 ILCS 41/11-30 new
18

225 ILCS 41/11-40 new
19

225 ILCS 41/15-30
20

225 ILCS 41/15-45
21

225 ILCS 41/15-72
22

225 ILCS 41/15-75

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