SB 2643

Abstract

Creates the Reestablishing Integrity in Death Care Act. Provides that no later than January 1, 2025, when a death occurs within the State, the deceased's body, body bag, and any body part, organ, or tissue separated from the deceased to be used in nontransplant organ donation shall be affixed with a unique identifier, and chain of custody documentation shall be maintained for all dead bodies and human remains. Specifies requirements for the unique identifier and chain of custody documentation. Provides that the State Comptroller, the Department of Financial and Professional Regulation, and the Department of Public Health may inspect any business, provider, or facility in the State that handles dead bodies or human remains to ensure compliance with the Act and the rules adopted under the Act. Authorizes rulemaking to implement and enforce the Act. Amends the Funeral Directors and Embalmers Licensing Code, the Crematory Regulation Act, and the Vital Records Act to make conforming and other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: New Act 225 ILCS 41/1-30 410 ILCS 18/20 410 ILCS 18/25 410 ILCS 535/1 410 ILCS 535/18 410 ILCS 535/20 410 ILCS 535/21 Adds reference to: 225 ILCS 41/15-15 225 ILCS 41/15-56 new 225 ILCS 41/15-75 Replaces everything after the enacting clause. Amends the Funeral Directors and Embalmers Licensing Code. Defines "chain of custody record" and "uniquely identified". Provides that the examination to qualify as an embalmer or funeral director shall embrace the subject of identification rules and regulation in relation to the handling and storing of human bodies. Provides that when the Department of Financial and Professional Regulation receives a complaint against a licensee regarding violations of the Act, the Department shall inspect the premises of the licensee. Provides that when the Department receives a complaint against a licensee relating to the mishandling of human remains or the misidentification of human remains, the Department shall inspect the premises named in the complaint within 10 calendar days after receipt of the complaint. Makes changes to provisions concerning grounds for discipline. Adds provisions providing criminal penalties for certain violations of the Act. Provides that the Department shall require a funeral establishment to maintain an identification system that ensures that a funeral establishment is able to identify the human remains in its possession through final disposition. Amends the Crematory Regulation Act. Defines "chain of custody record" and "uniquely identified". Provides that a crematory authority shall maintain a chain of custody record, which is an identification system that ensures that a crematory authority is able to identify the human remains in its possession throughout all phases of the cremation process. House Floor Amendment No. 1 Provides that when the Department of Financial and Professional Regulation receives a complaint against a licensee relating to the mishandling of human remains or the misidentification of human remains, the Department shall inspect the premises named in the complaint within 10 business days (rather than 10 calendar days) after receipt of the complaint. Provides that engaging in funeral directing or embalming without a license is a Class A misdemeanor (rather than a Class 3 felony).