Statutes > Illinois Statutes > CHAPTER 410 PUBLIC HEALTH > 410 ILCS 18/ Crematory Regulation Act.

410 ILCS 18/ Crematory Regulation Act.

    (410 ILCS 18/1)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 1. Short title. This Act may be cited as the Crematory Regulation Act.
(Source: P.A. 87‑1187.)

    (410 ILCS 18/5)
    (Text of Section before amendment by P.A. 96‑863)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 5. Definitions. As used in this Act:
    "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 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.
    "Body parts" means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or any portion of bodies that have been donated to science for medical research purposes.
    "Burial transit permit" means a permit for disposition of a dead human body as required by Illinois law.
    "Casket" means a rigid container that is designed for the encasement of human remains, is usually constructed of wood, metal, or like material and ornamented and lined with fabric, and may or may not be combustible.
    "Change of ownership" means a transfer of more than 50% of the stock or assets of a crematory authority.
    "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, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. 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.
    "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.
    "Department" means the Illinois Department of Public Health.
    "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, including any form of body prosthesis that has been permanently attached or implanted in the body.
    "Niche" means a compartment or cubicle for the memorialization and permanent placement of an urn containing cremated remains.
    "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 where cremated remains, which 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.
    "Urn" means a receptacle designed to encase the cremated remains.
(Source: P.A. 92‑675, eff. 7‑1‑03.)
 
    (Text of Section after amendment by P.A. 96‑863)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 5. Definitions. As used in this Act:
    "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file. It is the duty of the applicant or licensee to inform the Department of any change of address within 14 days, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit. The address of record shall be the permanent street address of the crematory.
    "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 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.
    "Body parts" means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or any portion of bodies that have been donated to science for medical research purposes.
    "Burial transit permit" means a permit for disposition of a dead human body as required by Illinois law.
    "Casket" means a rigid container that is designed for the encasement of human remains, is usually constructed of wood, metal, or like material and ornamented and lined with fabric, and may or may not be combustible.
    "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, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. 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.
    "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 Department to operate a crematory and to perform cremations.
    "Department" means the Illinois Department of Financial and Professional Regulation.
    "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, 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 where cremated remains, which have been removed from their container, can be mixed with, or placed on top of, the soil or ground cover.
    "Secretary" means the Secretary of Financial and Professional Regulation.
    "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.
    "Urn" means a receptacle designed to encase the cremated remains.
(Source: P.A. 96‑863, eff. 3‑1‑12.)

    (410 ILCS 18/7)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 7. Powers and duties of the Department. Subject to the provisions of this Act, the Department may exercise any of the following powers and duties:
        (1) Authorize standards to ascertain the
     qualifications and fitness of applicants for licensing as licensed crematory authorities and pass upon the qualifications of applicants for licensure.
        (2) Examine and audit a licensed crematory
     authority's records, crematory, or any other aspects of crematory operation as the Department deems appropriate.
        (3) Investigate any and all unlicensed activity.
        (4) Conduct hearings on proceedings to refuse to
     issue licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline licensees and to refuse to issue licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline licensees.
        (5) Formulate rules required for the administration
     of this Act.
        (6) Maintain rosters of the names and addresses of
     all licensees, and all entities whose licenses have been suspended, revoked, or otherwise disciplined. These rosters shall be available upon written request and payment of the required fee as established by rule.
(Source: P.A. 96‑863, eff. 3‑1‑12.)

    (410 ILCS 18/10)
    (Text of Section before amendment by P.A. 96‑863)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10. Establishment of crematory and licensing of crematory authority.
    (a) Any person doing business in this State, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity, may erect, maintain, and operate a crematory in this State and provide the necessary appliances and facilities for the cremation of human remains in accordance with this Act.
    (b) A crematory shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department, the federal Department of Health and Human Services, and the Illinois and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies.
    (c) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.
    (d) An application for licensure as a crematory authority shall be in writing on forms furnished by the Comptroller. Applications shall be accompanied by a fee of $50 and shall contain all of the following:
        (1) The full name and address, both residence and
     business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation.
        (2) The address and location of the crematory.
        (3) A description of the type of structure and
     equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency.
        (3.5) Attestation by the owner that cremation
     services shall be by a person trained in accordance with the requirements of Section 22 of this Act.
        (3.10) A copy of the certification or certifications
     issued by the certification program to the person or persons who will operate the cremation device.
        (4) Any further information that the Comptroller
     reasonably may require.
    (e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing (i) an affidavit signed by the owner of the crematory authority that at the time of the report the cremation device was in proper operating condition, (ii) the total number of all cremations performed at the crematory during the past year, (iii) attestation by the licensee that all applicable permits and certifications are valid, and (iv) either (A) any changes required in the information provided under subsection (d) or (B) an indication that no changes have occurred. The annual report shall be filed by a crematory authority on or before March 15 of each calendar year, in the Office of the Comptroller. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. The Comptroller shall, for good cause shown, grant an extension for the filing of the annual report upon the written request of the crematory authority. An extension shall not exceed 60 days. If a crematory authority fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the crematory authority a penalty of $5 for each and every day the crematory authority remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown.
    (f) All records required to be maintained under this Act, including but not limited to those relating to the license and annual report of the crematory authority required to be filed under this Section, shall be subject to inspection by the Comptroller upon reasonable notice.
    (g) The Comptroller may inspect crematory records at the crematory authority's place of business to review the licensee's compliance with this Act. The inspection must include verification that:
        (1) the crematory authority has complied with
     record‑keeping requirements of this Act;
        (2) a crematory device operator's certification of
     training is conspicuously displayed at the crematory;
        (3) the cremation device has a current operating
     permit issued by the Illinois Environmental Protection Agency and the permit is conspicuously displayed in the crematory;
        (4) the crematory authority is in compliance with
     local zoning requirements; and
        (5) the crematory authority license issued by the
     Comptroller is conspicuously displayed at the crematory.
    (h) The Comptroller shall issue licenses under this Act to the crematories that are registered with the Comptroller as of July 1, 2003 without requiring the previously registered crematories to complete license applications.
(Source: P.A. 92‑419, eff. 1‑1‑02; 92‑675, eff. 7‑1‑03.)
 
    (Text of Section after amendment by P.A. 96‑863)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10. Establishment of crematory and licensing of crematory authority.
    (a) Any person doing business in this State, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity, may erect, maintain, and operate a crematory in this State and provide the necessary appliances and facilities for the cremation of human remains in accordance with this Act.
    (b) A crematory shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the federal Department of Health and Human Services, and the Illinois and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies.
    (c) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.
    (d) An application for licensure as a crematory authority shall be in writing on forms furnished by the Department. Applications shall be accompanied by a reasonable fee determined by rule and shall contain all of the following:
        (1) The full name and address, both residence and
     business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation.
        (2) The address and location of the crematory.
        (3) A description of the type of structure and
     equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency.
        (4) Any further information that the Department
     reasonably may require as established by rule.
    (e) Each crematory authority shall file an annual report with the Department, accompanied with a reasonable fee determined by rule, providing (i) an affidavit signed by the owner of the crematory authority that at the time of the report the cremation device was in proper operating condition, (ii) the total number of all cremations performed at the crematory during the past year, (iii) attestation by the licensee that all applicable permits and certifications are valid, (iv) either (A) any changes required in the information provided under subsection (d) or (B) an indication that no changes have occurred, and (v) any other information that the Department may require as established by rule. The annual report shall be filed by a crematory authority on or before March 15 of each calendar year. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. If a crematory authority fails to submit an annual report to the Department within the time specified in this Section, the Department shall impose upon the crematory authority a penalty as provided for by rule for each and every day the crematory authority remains delinquent in submitting the annual report. The Department may abate all or part of the penalty for good cause shown.
    (f) All records required to be maintained under this Act, including but not limited to those relating to the license and annual report of the crematory authority required to be filed under this Section, shall be subject to inspection by the Comptroller upon reasonable notice.
    (g) The Department may inspect crematory records at the crematory authority's place of business to review the licensee's compliance with this Act. The inspection must include verification that:
        (1) the crematory authority has complied with
     record‑keeping requirements of this Act;
        (2) a crematory device operator's certification of
     training is conspicuously displayed at the crematory;
        (3) the cremation device has a current operating
     permit issued by the Illinois Environmental Protection Agency and the permit is conspicuously displayed in the crematory;
        (4) the crematory authority is in compliance with
     local zoning requirements; and
        (5) the crematory authority license issued by the
     Department is conspicuously displayed at the crematory.
        (6) other details as determined by rule.
    (h) The Department shall issue licenses under this Act to the crematories that are registered with the Comptroller as of on March 1, 2012 without requiring the previously registered crematories to complete license applications.
(Source: P.A. 96‑863, eff. 3‑1‑12.)

    (410 ILCS 18/11)
    (Text of Section before amendment by P.A. 96‑863)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 11. Grounds for refusal of license or suspension or revocation of license.
    (a) In this Section, "applicant" means a person who has applied for a license under this Act.
    (b) The Comptroller may refuse to issue a license under this Act, or may suspend or revoke a license issued under this Act, on any of the following grounds:
        (1) The applicant or licensee has made any
     misrepresentation or false statement or concealed any material fact in connection with a license application or licensure under this Act.
        (2) The applicant or licensee has been engaged in
     business practices that work a fraud.
        (3) The applicant or licensee has refused to give
     information required under this Act to be disclosed to the Comptroller.
        (4) The applicant or licensee has conducted or is
     about to conduct cremation business in a fraudulent manner.
        (5) As to any individual listed in the license
     application as required under Section 10, that individual has conducted or is about to conduct any cremation business on behalf of the applicant in a fraudulent manner or has been convicted of any felony or misdemeanor an essential element of which is fraud.
        (6) The applicant or licensee has failed to make the
     annual report required by this Act or to comply with a final order, decision, or finding of the Comptroller made under this Act.
        (7) The applicant or licensee, including any member,
     officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any regulation or order made by the Comptroller under this Act.
        (8) The Comptroller finds any fact or condition
     existing that, if it had existed at the time of the original application for a license under this Act, would have warranted the Comptroller in refusing the issuance of the license.
(Source: P.A. 92‑675, eff. 7‑1‑03.)
 
    (Text of Section after amendment by P.A. 96‑863)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 11. Grounds for denial or discipline.
    (a) In this Section, "applicant" means a person who has applied for a license under this Act including those persons whose names are listed on a license application in Section 10 of this Act.
    (b) The Department may refuse to issue a license, place on probation, reprimand, or take other disciplinary action that the Department may deem appropriate, including imposing fines not to exceed $10,000 for each violation, with regard to any license under this Act, or may suspend or revoke a license issued under this Act, on any of the following grounds:
        (1) The applicant or licensee has made any
     misrepresentation or false statement or concealed any material fact in furnishing information to the Department.
        (2) The applicant or licensee has been engaged in
     business practices that work a fraud.
        (3) The applicant or licensee has refused to give
     information required under this Act to be disclosed to the Department or failing, within 30 days, to provide information in response to a written request made by the Department.
        (4) Engaging in dishonorable, unethical, or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public.