Public Act 93-0268

HB3057 Enrolled                      LRB093 10073 AMC 10324 b

    AN ACT concerning professional regulation.

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

    Section 5.  The Funeral Directors and Embalmers Licensing
Code is amended by changing Sections 1-10, 1-15, 1-20,  5-10,
5-15,  5-25,  10-5,  10-10, 10-15, 10-30, 10-35, 15-5, 15-45,
15-55, 15-75, and 15-80 as follows:

    (225 ILCS 41/1-10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 1-10.  Definitions. As used in this Code:
    "Applicant" means any person  making  application  for  a
license or certificate of registration.
    "Board"   means   the  Funeral  Directors  and  Embalmers
Licensing and disciplinary Board.
    "Department"  means  the   Department   of   Professional
Regulation.
    "Director" means the Director of Professional Regulation.
    "Funeral  director  and  embalmer"  means a person who is
licensed and qualified to practice funeral directing  and  to
prepare,  disinfect  and  preserve  dead  human bodies by the
injection   or   external   application    of    antiseptics,
disinfectants or preservative fluids and materials and to use
derma  surgery  or plastic art for the restoring of mutilated
features.  It further means a person who restores the remains
of a person for the purpose of funeralization whose organs or
bone or tissue has been donated for anatomical purposes.
    "Funeral director and embalmer intern  trainee"  means  a
person  licensed  by  the  State  who  is qualified to render
assistance to a funeral director and embalmer in carrying out
the practice of funeral directing  and  embalming  under  the
supervision of the funeral director and embalmer.
    "Embalming"   means   the   process   of  sanitizing  and
chemically treating a deceased human body in order to  reduce
the  presence and growth of microorganisms, to retard organic
decomposition, to render the remains  safe  to  handle  while
retaining naturalness of tissue, and to restore an acceptable
physical appearance for funeral viewing purposes.
    "Funeral  director" means a person, known by the title of
"funeral director" or other similar words or titles, licensed
by the State who practices funeral directing.
    "Funeral  establishment",  "funeral   chapel",   "funeral
home",  or "mortuary" means a building or separate portion of
a building having a specific street address or  location  and
devoted  to activities relating to the shelter, care, custody
and preparation of  a  deceased  human  body  and  which  may
contain facilities for funeral or wake services.
    "Owner"  means  the individual, partnership, corporation,
association, trust, estate, or agent thereof, or other person
or combination of persons who owns a funeral establishment or
funeral business.
    "Person" means any individual, partnership,  association,
firm, corporation, trust or estate, or other entity.
(Source: P.A. 87-966.)

    (225 ILCS 41/1-15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  1-15.  Funeral directing; definition. Conducting or
engaging  in  or  representing  or  holding  out  oneself  as
conducting or engaged in any one or any  combination  of  the
following  practices  constitutes  the  practice  of  funeral
directing:
         (a)  The  practice  of  preparing, otherwise than by
    embalming, for the burial,  cremation,  or  disposal  and
    directing  and  supervising  the  burial  or  disposal of
    deceased human remains or performing any act  or  service
    in  connection  with  the preparing of dead human bodies.
    Preparation, direction,  and  supervision  shall  not  be
    construed  to  mean those functions normally performed by
    cemetery and crematory personnel.
         (b)  The practice of operating a place for preparing
    for the disposition  of  deceased  human  bodies  or  for
    caring   for   deceased   human   bodies   before   their
    disposition.   Nothing  in  this  Code shall prohibit the
    ownership and management of such a place by an unlicensed
    owner if the place is operated in  accordance  with  this
    Code and the unlicensed owner does not engage in any form
    of funeral directing.
         (c)  The  removal  of a deceased human body from its
    place of  death,  institution  or  other  location.   The
    licensed  funeral  director may engage others who are not
    licensed funeral directors to assist in  the  removal  if
    the  funeral  director  directs  and  instructs  them  in
    handling  and  precautionary  procedures  and accompanies
    them on all calls.  The transportation of deceased  human
    remains  to a cemetery, crematory or other place of final
    disposition  shall  be   under   the   immediate   direct
    supervision  of  a licensee unless otherwise permitted by
    this  Section.   The  transportation  of  deceased  human
    remains that  are  embalmed  or  otherwise  prepared  and
    enclosed  in an appropriate container to some other place
    that is not the  place  of  final  disposition,  such  as
    another  funeral home or common carrier, or to a facility
    that  shares  common  ownership  with  the   transporting
    funeral   home   may   be  performed  under  the  general
    supervision of a licensee, but the supervision  need  not
    be immediate or direct.
         (d)  The   administering   and   conducting  of,  or
    assuming responsibility for administering and  conducting
    of, at need funeral arrangements.
         (e)  The   assuming   custody   of,  transportation,
    providing shelter, protection and care and disposition of
    deceased human remains and the  furnishing  of  necessary
    funeral services, facilities and equipment.
         (f)  Using in connection with a name or practice the
    word   "funeral   director,"  "undertaker,"  "mortician,"
    "funeral home," "funeral parlor,"  "funeral  chapel,"  or
    any  other  title  implying that the person is engaged in
    the practice of funeral directing.
    The practice of funeral directing shall not  include  the
phoning  in  of obituary notices, ordering of flowers for the
funeral, or reporting of prices on the firm's  general  price
list as required by the Federal Trade Commission Funeral Rule
rule   by   nonlicensed   persons,  or  like  clerical  tasks
incidental to the act of making funeral arrangements.
    The making of funeral arrangements,  at  need,  shall  be
done  only  by licensed funeral directors or licensed funeral
directors and embalmers.
(Source: P.A. 87-966.)

    (225 ILCS 41/1-20)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 1-20.  Funeral directing and embalming;  definition.
"The practice of funeral directing and embalming" means:
         (a)  The  practice  of  preparing, otherwise than by
    embalming, for the burial,  cremation,  or  disposal  and
    directing  and  supervising  the  burial  or  disposal of
    deceased human remains or performing any act  or  service
    in  connection  with  the preparing of dead human bodies.
    Preparation, direction,  and  supervision  shall  not  be
    construed  to  mean those functions normally performed by
    cemetery and crematory personnel.
         (b)  The practice of operating a place for preparing
    for the disposition  of  deceased  human  bodies  or  for
    caring   for   deceased   human   bodies   before   their
    disposition.   Nothing  in  this  Code shall prohibit the
    ownership and management of such a place by an unlicensed
    owner if the place is operated in  accordance  with  this
    Code and the unlicensed owner does not engage in any form
    of funeral directing and embalming.
         (c)  The  removal  of a deceased human body from its
    place of death, institution or other location. A licensed
    funeral director and embalmer intern trainee may remove a
    deceased human body from its place of death, institution,
    or other location without another licensee being present.
    The licensed funeral director  and  embalmer  may  engage
    others   who  are  not  licensed  funeral  directors  and
    embalmers  or  funeral  director  and  embalmer   interns
    trainees to assist in the removal if the funeral director
    and  embalmer  directs and instructs them in handling and
    precautionary procedures  and  accompanies  them  on  all
    calls.  The transportation of deceased human remains to a
    cemetery,  crematory  or other place of final disposition
    shall be under the immediate,  direct  supervision  of  a
    licensee unless otherwise permitted by this Section.  The
    transportation   of   deceased  human  remains  that  are
    embalmed  or  otherwise  prepared  and  enclosed  in   an
    appropriate container to some other place that is not the
    place  of final disposition, such as another funeral home
    or common carrier, or to a facility  that  shares  common
    ownership  with  the  transporting  funeral  home  may be
    performed under the general supervision  of  a  licensee,
    but the supervision need not be immediate or direct.
         (d)  The   administering   and   conducting  of,  or
    assuming responsibility for administering and  conducting
    of, at need funeral arrangements.
         (e)  The   assuming   custody   of,  transportation,
    providing shelter, protection and care and disposition of
    deceased human remains and the  furnishing  of  necessary
    funeral services, facilities and equipment.
         (f)  Using in connection with a name or practice the
    word   "funeral   director   and  embalmer",  "embalmer",
    "funeral director", "undertaker",  "mortician",  "funeral
    home",  "funeral  parlor", "funeral chapel", or any other
    title implying that the person is engaged in the practice
    of funeral directing and embalming.
         (g)  The embalming or representing  or  holding  out
    oneself  as  engaged  in  the  practice  of  embalming of
    deceased human bodies  or  the  transportation  of  human
    bodies deceased of a contagious or infectious disease.
    The practice of funeral directing and embalming shall not
include  the  phoning  in  of  obituary  notices, ordering of
flowers for the funeral, or reporting of prices on the firm's
general  price  list  as  required  by  the   Federal   Trade
Commission  Funeral Rule rule by nonlicensed persons, or like
clerical tasks  incidental  to  the  act  of  making  funeral
arrangements.
    The  making  of  funeral  arrangements, at need, shall be
done only by licensed funeral directors or  licensed  funeral
directors   and  embalmers.  Licensed  funeral  director  and
embalmer interns trainees may, however, assist or participate
in the arrangements.
(Source: P.A. 87-966.)

    (225 ILCS 41/5-10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 5-10.  Funeral director license; display.
    Every holder of a license as  a  funeral  director  shall
display  it in a conspicuous place in the licensee's holder's
place of practice or in the place of practice  in  which  the
licensee  holder  is employed or, in case the licensee holder
is engaged in funeral directing at more  than  one  place  of
practice,  then in the licensee's holder's principal place of
practice or the principal place of practice of the licensee's
holder's employer.
(Source: P.A. 87-966.)

    (225 ILCS 41/5-15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  5-15.  Expiration  and  renewal;  inactive  status;
continuing education. The expiration date and renewal  period
for  each  license  issued under this Article shall be set by
rule.  The holder of a license as a licensed funeral director
may  renew  the  license  during  the  month  preceding   the
expiration  date of the license by paying the required fee. A
licensed funeral director whose license has expired may  have
the  license  reinstated  within  5  years  from  the date of
expiration upon payment of the  required  reinstatement  fee.
The  reinstatement  shall  be  effective  as  of  the date of
reissuance of the license.
    Any licensed funeral  director  whose  license  has  been
expired  for  more than 5 years may have the license restored
only by fulfilling the requirements of the Department's rules
and by paying the  required  restoration  fee.  However,  any
licensed  funeral director whose license has expired while he
or she has been engaged (1) in federal service on active duty
with the Army of the United States, the United  States  Navy,
the  Marine  Corps,  the  Air  Force, the Coast Guard, or the
State Militia called into the  service  or  training  of  the
United  States  of  America  or  (2) in training or education
under the supervision of the  United  States  preliminary  to
induction  into  the  military  service  may  have his or her
license restored without paying any lapsed  renewal  fees  or
restoration fee or without passing any examination if, within
2  years  after  termination  of  the  service,  training  or
education  other  than  by  dishonorable discharge, he or she
furnishes the Department with an affidavit to the effect that
he or she has been so engaged and that his  or  her  service,
training or education has been so terminated.
    In  addition  to  any  other requirement for renewal of a
license or reinstatement of  an  expired  license,  beginning
with  licenses  renewed or reinstated in 1993, as a condition
for the renewal or reinstatement of a license as  a  licensed
funeral director, each licensee shall provide evidence to the
Department  of  completion of at least 12 hours of continuing
education during the 24 months preceding the expiration  date
of  the  license, or in the case of reinstatement, during the
24  months  preceding  application  for  reinstatement.   The
continuing education sponsors shall be approved by the Board.
In addition, any qualified continuing  education  course  for
funeral  directors  offered  by  a  college,  university, the
Illinois Funeral  Directors  Association,  Funeral  Directors
Services   Association   of   Greater  Chicago,  Cook  County
Association of Funeral Home Owners, Inc.,  Illinois  Selected
Morticians  Association,  Inc., Illinois Cemetery and Funeral
Home Association,  National  Funeral  Directors  Association,
Selected  Independent  Funeral  Homes  National Foundation of
Funeral  Service,  National  Selected  Morticians,   National
Funeral   Directors   and   Morticians   Association,   Inc.,
International Order of the Golden Rule, or an Illinois school
of  mortuary science shall be accepted toward satisfaction of
the continuing education requirements.
    The Department  shall  establish  by  rule  a  means  for
verification   of  completion  of  the  continuing  education
required  by  this  Section.   This   verification   may   be
accomplished   through   audits   of  records  maintained  by
licensees, by requiring the  filing  of  continued  education
certificates  with the Department or a qualified organization
selected by the Department to maintain these records,  or  by
other means established by the Department.
    A person who is licensed as a funeral director under this
Act  and who has engaged in the practice of funeral directing
for at least 40 years shall be  exempt  from  the  continuing
education  requirements  of  this  Section.  In addition, the
Department shall establish by rule an exemption or  exception
for  funeral directors who, by reason of advanced age, health
or other extreme condition should reasonably be excused  from
the  continuing education requirement upon explanation to the
Board, the approval of the Director, or both.  Those persons,
identified above, who cannot attend  on-site  classes,  shall
have  the  opportunity  to  comply  by  completing home study
courses designed for them by sponsors.
    Any funeral  director  who  notifies  the  Department  in
writing  on  forms  prescribed by the Department may elect to
place his or her license on an inactive status and  shall  be
excused  from completion of continuing education requirements
until he or she notifies the  Department  in  writing  of  an
intent  to  restore  the  license  to  active  status.    Any
licensee  requesting  restoration  from inactive status shall
notify the Department as provided by rule of  the  Department
and pay the fee required by the Department for restoration of
the  license.   Any  licensee  whose  license  is on inactive
status shall not practice in the State of Illinois.
    Practice on a license that has lapsed or been  placed  in
inactive  status  is  practicing  without  a  license  and  a
violation of this Code Act.
(Source: P.A. 92-641, eff. 7-11-02.)

    (225 ILCS 41/5-25)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  5-25.  Prohibition  of new licenses. The Department
shall not issue any new  licenses  as  funeral  directors  or
funeral  director trainees.  Any person issued a license as a
funeral director before June 1, 1991 may  renew  the  license
after that date under the provisions of this Article and that
person  may  continue  to renew or restore the license during
his  or  her  lifetime,  subject  only  to  the  renewal   or
restoration  requirements  for  the  license under this Code.
Any person issued a license as  a  funeral  director  trainee
before June 1, 1991 may not renew or restore that license.
    Notwithstanding  any  other provision of this Code or any
predecessor Act, the Department shall issue a  license  as  a
funeral director to every person:
         (1)  who  has  graduated  from a program of mortuary
    science;
         (2)  who passed the examination for licensing  as  a
    funeral   director   under   the  Funeral  Directors  and
    Embalmers Licensing Act of 1935 on or after June 1,  1988
    but before June 2, 1991;
         (3)  who has completed one calendar year of training
    as a licensed funeral director and embalmer trainee under
    the  supervision  of  a  licensed  funeral  director  and
    embalmer; and
         (4)  who  has  on file or files an application for a
    license as a funeral director within 30  days  after  the
    effective date of this amendatory Act of 1994.
(Source: P.A. 87-966; 88-659.)

    (225 ILCS 41/10-5)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  10-5.  License requirement.  It is unlawful for any
person to practice or attempt to practice  funeral  directing
and embalming without being licensed by the Department.
    No  person shall practice funeral directing and embalming
who does not have a fixed place of practice or  establishment
in Illinois devoted to the care and preparation for burial or
for  transportation  of  deceased human bodies, or who is not
regularly  employed  in  a  fixed  place   of   practice   or
establishment.
    No  person shall practice funeral directing and embalming
independently at the fixed place of practice or establishment
of another licensee unless his or her name shall be published
and displayed at all times in connection therewith.
    No licensed intern trainee shall  independently  practice
funeral  directing and embalming; however, a licensed funeral
director and embalmer intern trainee may under the  immediate
personal  supervision  of  a  licensed  funeral  director and
embalmer assist a licensed funeral director and  embalmer  in
the practice of funeral directing and embalming.
    No  person  shall  practice  as  a  funeral  director and
embalmer intern trainee unless he or she  possesses  a  valid
license in good standing to do so in the State of Illinois.
(Source: P.A. 87-966.)

    (225 ILCS 41/10-10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  10-10.  License qualifications.  A person who meets
all of the following requirements is qualified to  receive  a
license as a funeral director and embalmer:
    (a)  Is at least 18 years of age.
    (b)  Has  successfully  completed  one academic year in a
college or university and has successfully completed a course
of  instruction  of  at  least  one  year   duration   in   a
professional  school  or  college  teaching  the  practice of
funeral  directing  and  embalming  that  is  recognized  and
approved by the Department.
    (c)  Has studied funeral directing and embalming in  this
State  under  a funeral director and embalmer, licensed under
this  Code  or  any  prior  Act,  for  at  least  one   year.
Nevertheless,  no  credit  shall  be  given  for the study of
funeral directing and embalming in this State as an intern  a
trainee unless the applicant during the period of study was a
licensed funeral director and embalmer intern trainee.
    (d)  Is  satisfactorily  versed in approved measures used
by the practice for the prevention and against the spread  of
disease  and  has  the  skills  reasonably  involved,  and is
adequately  and  properly  protected   against   communicable
diseases  by  means  usually  adopted and approved by medical
science.
    (e)  Has passed an examination developed or  acquired  by
the  Department  and  conducted  by  the  Department  or  its
designee  to determine the fitness of an applicant to receive
a license as a licensed funeral director and embalmer.
(Source: P.A. 89-387, eff. 8-20-95.)

    (225 ILCS 41/10-15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 10-15.  Intern Trainee  license  qualifications.   A
person  who  meets  all  of  the  following  requirements  is
qualified to receive a license as a licensed funeral director
and embalmer intern trainee:
    (a)  Is at least 18 years of age.
    (b)  Has  successfully  completed  one academic year in a
college or university and has successfully completed a course
of  instruction  of  at  least  one  year   duration   in   a
professional  school  or  college  teaching  the  practice of
funeral  directing  and  embalming  that  is  recognized  and
approved by the Department.
    (c)  Has been accepted for internship training in funeral
directing and  embalming  by  an  Illinois  licensed  funeral
director and embalmer.
    (d)  Is  satisfactorily  versed in approved measures used
by the profession for the prevention and against  the  spread
of  disease  and  has  the skills reasonably involved, and is
adequately protected against communicable diseases  by  means
usually adopted by medical science.
(Source: P.A. 89-387, eff. 8-20-95.)

    (225 ILCS 41/10-30)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  10-30.  Issuance,  display  of license. Whenever an
applicant  has  met  the  requirements  of  this  Code,   the
Department  shall  issue  to  the  applicant  a  license as a
licensed funeral director and embalmer  or  licensed  funeral
director and embalmer intern trainee, as the case may be.
    Every   holder  of  a  license  shall  display  it  in  a
conspicuous place in the licensee's place of practice  or  in
the  place  of practice in which the licensee is employed. In
case  the  licensee  is  engaged  in  funeral  directing  and
embalming at more  than  one  place  of  practice,  then  the
license  shall be displayed in the licensee's principal place
of practice  or  the  principal  place  of  practice  of  the
licensee's employer.
(Source: P.A. 87-966.)

    (225 ILCS 41/10-35)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.    10-35.  Renewal;    reinstatement;   restoration;
continuing education. The expiration date and renewal  period
for  each  license  issued under this Article shall be set by
rule.  The holder of a license as a licensed funeral director
and embalmer or funeral director and embalmer intern  trainee
may   renew  the  license  during  the  month  preceding  the
expiration date of the license by paying the required fee.  A
licensed  funeral  director  and embalmer or licensed funeral
director and embalmer trainee whose license has  expired  may
have  the  license reinstated within 5 years from the date of
expiration upon payment of the required reinstatement fee and
fulfilling the requirements of the Department's  rules.   The
reinstatement  of  the license is effective as of the date of

the reissuance of the license.
    Any licensed funeral director and embalmer whose  license
has  been  expired for more than 5 years may have the license
restored only by fulfilling the requirements set forth in the
Department's rules and by  paying  the  required  restoration
fee.  However,  any licensed funeral director and embalmer or
licensed funeral director and embalmer intern  trainee  whose
license  has  expired while he or she has been engaged (1) in
federal service on active duty with the Army  of  the  United
States,  the  United  States  Navy, the Marine Corps, the Air
Force, the Coast Guard, or the State Militia called into  the
service or training of the United States of America or (2) in
training  or  education  under  the supervision of the United
States preliminary to induction into  the  military  service,
may  have  his or her the license restored without paying any
lapsed renewal fees or restoration fee or without passing any
examination if, within  2  years  after  termination  of  the
service,  training  or  education  other than by dishonorable
discharge, he or she the licensee  furnishes  the  Department
with  an  affidavit  to the effect that he or she has been so
engaged and that his or her service,  training  or  education
has been so terminated.
    No  license  of  a  funeral  director and embalmer intern
trainee shall be renewed more than twice.
    In addition to any other requirement  for  renewal  of  a
license  or  reinstatement  of  an expired license, beginning
with licenses renewed or reinstated in 1993  and  thereafter,
as  a condition for the renewal or reinstatement of a license
as a licensed funeral director and  embalmer,  each  licensee
shall  provide evidence to the Department of completion of at
least 24 hours of continuing education during the  24  months
preceding  the expiration date of the license, or in the case
of  reinstatement,  within  the  24  months   preceding   the
application  for  reinstatement.   The  continuing  education
sponsors  shall  be  approved by the Board.  In addition, any
qualified continuing education course for  funeral  directors
and  embalmers offered by a college, university, the Illinois
Funeral Directors  Association,  Funeral  Directors  Services
Association  of  Greater  Chicago, Cook County Association of
Funeral  Home  Owners,  Inc.,  Illinois  Selected  Morticians
Associations,  Inc.,  Illinois  Cemetery  and  Funeral   Home
Association, National Funeral Directors Association, Selected
Independent  Funeral  Homes  National  Foundation  of Funeral
Service,  National  Selected  Morticians,  National   Funeral
Directors  and  Morticians  Association,  Inc., International
Order of the Golden Rule, or an Illinois school  of  mortuary
science   shall   be  accepted  toward  satisfaction  of  the
continuing education requirements.
    The Department  shall  establish  by  rule  a  means  for
verification   of  completion  of  the  continuing  education
required  by  this  Section.   This   verification   may   be
accomplished   through   audits   of  records  maintained  by
licensees, by requiring the  filing  of  continued  education
certificates  with the Department or a qualified organization
selected by the Department to maintain  the  records,  or  by
other means established by the Department.
    A  person  who  is  licensed  as  a  funeral director and
embalmer under this Act and who has engaged in  the  practice
of  funeral  directing  and  embalming  for at least 40 years
shall be exempt from the continuing education requirements of
this Section. In addition, the Department shall establish  by
rule  an  exemption  or  exception  for funeral directors and
embalmers who, by reason of advanced  age,  health  or  other
extreme  condition,  should  reasonably  be  excused from the
continuing education  requirement  upon  explanation  to  the
Board, the approval of the Director, or both.  Those persons,
identified  above,  who  cannot attend on-site classes, shall
have the opportunity  to  comply  by  completing  home  study
courses designed for them by sponsors.
    Any  funeral  director  and  embalmer  who  notifies  the
Department  in writing on forms prescribed by the Department,
may elect to place his or her license on an  inactive  status
and  shall be excused from completion of continuing education
requirements until he  or  she  notifies  the  Department  in
writing of an intent to restore the license to active status.
While on inactive status, the licensee shall only be required
to  pay  a single fee, established by the Department, to have
the  license  placed  on  inactive  status.    Any   licensee
requesting  restoration from inactive status shall notify the
Department as provided by rule of the Department and pay  the
fee  required  by  the  Department  for  restoration  of  the
license.   Any  licensee  whose license is on inactive status
shall not practice in the State of Illinois.
    Practice on a license that has lapsed or been  placed  in
inactive  status  is  practicing  without  a  license  and  a
violation of this Code.
(Source: P.A. 90-50, eff. 1-1-98.)

    (225 ILCS 41/15-5) (from Ch. 111, par. 2825)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15-5.  Funeral Directors and Embalmers Licensing and
Disciplinary   Board.   A  Funeral  Directors  and  Embalmers
Licensing and Disciplinary Board is created and shall consist
of 7 persons, 6 of whom  are  licensed  to  practice  funeral
directing  and  embalming  in  this  State,  and one who is a
knowledgeable public member.  Each member shall be  appointed
by  the  Director of the Department. The persons so appointed
shall hold their offices for 4 years and  until  a  qualified
successor  is  appointed.  All  vacancies  occurring shall be
filled by the Director for the unexpired portion of the  term
rendered  vacant.   No  member shall be eligible to serve for
more than 2 full consecutive terms.   Any  appointee  may  be
removed  by  the Director when in his or her discretion he or
she finds removal to be in the public interest. The cause for
removal must  be  set  forth  in  writing.  The  Board  shall
annually  select a chairman from its membership.  The members
of the Board shall  be  reimbursed  for  all  legitimate  and
necessary  expenses  incurred  in  attending  meetings of the
Board.  The Board may meet as often as necessary  to  perform
its  duties  under  this Code, and shall meet at least once a
year in Springfield, Illinois.
    The members of the Board appointed and serving under  the
Funeral  Directors  and Embalmers Licensing Act of 1935 shall
continue to serve under the Funeral Directors  and  Embalmers
Licensing  Code  and  until the expiration of their appointed
terms.  These members may be reappointed  if  eligible  under
this Section.
    The Department may seek the advice and recommendations of
the  Board  on  any matter relating to the administration and
enforcement of this Code.
    The Department shall seek the advice and  recommendations
of   the   Board   in   connection  with  any  rulemaking  or
disciplinary actions, including applications for  restoration
of revoked licenses.  The Board shall have 60 days to respond
to  a  Department request for advice and recommendations.  If
the Department fails to adopt, in whole or in part,  a  Board
recommendation   in   connection   with   any  rulemaking  or
disciplinary action, it shall provide a  written  explanation
of   its   specific   reasons  for  not  adopting  the  Board
recommendation.   The  written  explanations  shall  be  made
available for public inspection.
    The  Department  shall adopt all necessary and reasonable
rules and regulations for  the  effective  administration  of
this Code, and without limiting the foregoing, the Department
shall adopt rules and regulations:
         (1)  prescribing   a   method   of   examination  of
    candidates;
         (2)  defining  what  shall  constitute   a   school,
    college,  university, department of a university or other
    institution  to  determine  the  reputability  and   good
    standing   of   these  institutions  by  reference  to  a
    compliance with the rules and  regulations;  however,  no
    school,  college,  university, department of a university
    or  other  institution   that   refuses   admittance   to
    applicants,  solely on account of race, color, creed, sex
    or national origin shall be considered reputable  and  in
    good standing;
         (3)  establishing   expiration   dates  and  renewal
    periods for all licenses;
         (4)  prescribing a method of handling complaints and
    conducting hearings on proceedings to  take  disciplinary
    action under this Code; and
         (5)  providing for licensure by reciprocity.
(Source: P.A. 91-827, eff. 6-13-00.)

    (225 ILCS 41/15-45)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  15-45.  Practice without license; injunction; cease
and desist order; civil penalties.
    (a) The practice of funeral directing  and  embalming  or
funeral  directing  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. The  Director  of  Professional
Regulation  may,  in  the  name of the People of the State of
Illinois  through  the  Attorney  General  of  the  State  of
Illinois, or the State's Attorney of any county in the  State
of  Illinois, apply for an injunction in the circuit court to
enjoin any person who has not been issued a license or  whose
license  has  been suspended or revoked, or whose license has
not been  renewed,  from  practicing  funeral  directing  and
embalming or funeral directing. Upon the filing of a verified
complaint  in  court, the court, if satisfied by affidavit or
otherwise that the person is or has been  practicing  funeral
directing  and  embalming or funeral directing without having
been issued a license or after his or her  license  has  been
suspended,  revoked,  or  not  renewed, may issue a temporary
restraining order or preliminary injunction,  without  notice
or  bond,  enjoining  the  defendant  from further practicing
funeral directing and embalming or funeral directing. A  copy
of  the verified complaint shall be served upon the defendant
and the proceedings shall thereafter be conducted as in other
civil cases. If it is established that the defendant has been
or is practicing funeral directing and embalming  or  funeral
directing without having been issued a license or has been or
is  practicing  funeral  directing  and  embalming or funeral
directing after  his  or  her  license  has  been  suspended,
revoked,  or  not  renewed,  the  court  may enter a judgment
perpetually enjoining the defendant from  further  practicing
funeral directing and embalming or funeral directing. In case
of  violation  of  any injunction entered under this Section,
the court may summarily  try  and  punish  the  offender  for
contempt  of  court.  Any  injunction  proceeding shall be in
addition to, and not in lieu  of,  all  penalties  and  other
remedies in this Code.
    (b)  Whenever,  in  the  opinion  of  the Department, any
person or other entity violates any provision  of  this  Act,
the  Department may issue a notice to show cause why an order
to cease and desist should not be entered against that person
or other entity. The rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7
days from the date of the rule  to  file  an  answer  to  the
satisfaction  of  the  Department.  Failure  to answer to the
satisfaction of the Department shall cause an order to  cease
and desist to be issued immediately.
    (c)  (1)  In  addition  to  any other penalty provided by
    law,  any  person,  sole   proprietorship,   professional
    service    corporation,    limited   liability   company,
    partnership, or other entity that violates  Section  1-15
    or  1-20 of this Act shall forfeit and pay to the General
    Professions Dedicated Fund a civil penalty in  an  amount
    determined by the Department of not more than $10,000 for
    each   offense.   The   penalty   shall  be  assessed  in
    proceedings as provided in Sections 15-10  through  15-40
    of this Act.
         (2)  Unless the amount of the penalty is paid within
    60  days  after  the order becomes final, the order shall
    constitute a judgement and shall be filed  and  execution
    issued  thereon  in the same manner as the judgement of a
    court of record.
(Source: P.A. 87-966.)

    (225 ILCS 41/15-55)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.  15-55.  Preparation  room.  The  Department   shall
require  that  each  fixed place of practice or establishment
devoted to  the  care  and  preparation  for  burial  or  for
transportation   of   deceased   human   bodies   maintain  a
preparation room properly equipped  with  necessary  drainage
and  ventilation  facilities  and  containing instruments and
supplies necessary  for  the  preparation  and  embalming  of
deceased  human  bodies  for burial or transportation. Branch
operations of main funeral businesses  having  a  preparation
room and located in the State of Illinois are exempt from the
requirements of this Section.
(Source: P.A. 87-966.)
    (225 ILCS 41/15-75)
    (Section scheduled to be repealed on January 1, 2013)
    Sec.    15-75.  Violations;   grounds   for   discipline;
penalties.
    (a)  Each of the following acts is a Class A  misdemeanor
for  the  first  offense,  and  a  Class  4  felony  for each
subsequent offense.  These  penalties  shall  also  apply  to
unlicensed owners of funeral homes.
         (1)  Practicing  the profession of funeral directing
    and embalming or  funeral  directing,  or  attempting  to
    practice   the   profession   of  funeral  directing  and
    embalming or funeral directing without  a  license  as  a
    licensed   funeral   director  and  embalmer  or  funeral
    director.
         (2)  Serving as an intern a trainee under a licensed
    funeral director and embalmer or attempting to  serve  as
    an intern a trainee under a licensed funeral director and
    embalmer without a license as a licensed funeral director
    and embalmer intern trainee.
         (3)  Obtaining  or  attempting  to obtain a license,
    practice or business, or any other  thing  of  value,  by
    fraud or misrepresentation.
         (4)  Permitting  any  person  in one's employ, under
    one's control or in or under one's service to serve as  a
    funeral  director  and  embalmer,  funeral  director,  or
    funeral  director  and  embalmer  intern trainee when the
    person does not have the appropriate license.
         (5)  Failing to display a  license  as  required  by
    this Code.
         (6)  Giving false information or making a false oath
    or affidavit required by this Code.
    (b)  Each of the following acts or actions is a violation
of  this Code for which the Department may refuse to issue or
renew, or may suspend or revoke any license or may  take  any
disciplinary   action  as  the  Department  may  deem  proper
including fines not to exceed $1,000 for each violation.
         (1)  Obtaining or attempting to obtain a license  by
    fraud or misrepresentation.
         (2)  Conviction  in  this  State or another state of
    any crime that is a felony or misdemeanor under the  laws
    of this State or conviction of a felony or misdemeanor in
    a federal court.
         (3)  Violation of the laws of this State relating to
    the  funeral, burial or disposal of deceased human bodies
    or of the rules and regulations of the Department, or the
    Department of Public Health.
         (4)  Directly or indirectly paying or causing to  be
    paid any sum of money or other valuable consideration for
    the  securing  of  business or for obtaining authority to
    dispose of any deceased human body.
         (5)  Incompetence  or   untrustworthiness   in   the
    practice  of  funeral  directing and embalming or funeral
    directing.
         (6)  False or misleading advertising  as  a  funeral
    director and embalmer or funeral director, or advertising
    or  using the name of a person other than the holder of a
    license in connection with any service being rendered  in
    the  practice  of  funeral  directing  and  embalming  or
    funeral  directing.   Nothing  in  this  paragraph  shall
    prevent  including  the  name  of  any  owner, officer or
    corporate director of a funeral business home who is  not
    a  licensee  in  any advertisement used by a funeral home
    with  which  the  individual   is   affiliated   if   the
    advertisement specifies the individual's affiliation with
    the funeral home.
         (7)  Engaging  in,  promoting,  selling,  or issuing
    burial  contracts,   burial   certificates,   or   burial
    insurance policies in connection with the profession as a
    funeral  director  and  embalmer,  funeral  director,  or
    funeral director and embalmer intern trainee in violation
    of any laws of the State of Illinois.
         (8)  Refusing,   without  cause,  to  surrender  the
    custody of a deceased human body upon the proper  request
    of the person or persons lawfully entitled to the custody
    of the body.
         (9)  Taking  undue  advantage of a client or clients
    as to amount to the perpetration of fraud.
         (10)  Engaging in funeral directing and embalming or
    funeral directing without a license.
         (11)  Encouraging, requesting, or  suggesting  by  a
    licensee  or  some  person working on his behalf and with
    his consent for compensation that a  person  utilize  the
    services  of  a  certain  funeral  director and embalmer,
    funeral director, or funeral  establishment  unless  that
    information  has  been expressly requested by the person.
    This does not prohibit general  advertising  or  pre-need
    solicitation.
         (12)  Making  or  causing  to  be  made any false or
    misleading  statements  about  the  laws  concerning  the
    disposal of human remains, including, but not limited to,
    the need to embalm, the need for a casket  for  cremation
    or the need for an outer burial container.
         (13)  Continued  practice  by  a  person  having  an
    infectious or contagious disease.
         (14)  Embalming  or  attempting to embalm a deceased
    human body without express  prior  authorization  of  the
    person  responsible  for  making the funeral arrangements
    for the  body.   This  does  not  apply  to  cases  where
    embalming  is  directed  by  local  authorities  who have
    jurisdiction or when embalming is required  by  State  or
    local law.
         (15)  Making  a  false statement on a Certificate of
    Death where the  person  making  the  statement  knew  or
    should have known that the statement was false.
         (16)  Soliciting  human  bodies after death or while
    death is imminent.
         (17)  Performing any  act  or  practice  that  is  a
    violation  of this Code, the rules for the administration
    of this Code, or any federal, State or local laws, rules,
    or  regulations  governing  the   practice   of   funeral
    directing or embalming.
         (18)  Performing  any  act  or  practice  that  is a
    violation  of  Section  2  of  the  Consumer  Fraud   and
    Deceptive Business Practices Act.
         (19)  Engaging   in   unethical   or  unprofessional
    conduct of a character likely to deceive, defraud or harm
    the  public  in  the  course  of  providing  professional
    services or activities.
         (20)  Taking possession of a dead human body without
    having first obtained express permission from next of kin
    or a public agency legally authorized to direct,  control
    or permit the removal of deceased human bodies.
         (21)  Advertising in a false or misleading manner or
    advertising  using  the  name  of an unlicensed person in
    connection  with  any  service  being  rendered  in   the
    practice  of  funeral  directing or funeral directing and
    embalming.  The use of  any  name  of  an  unlicensed  or
    unregistered  person  in  an advertisement so as to imply
    that the  person  will  perform  services  is  considered
    misleading  advertising.  Nothing in this paragraph shall
    prevent including the  name  of  any  owner,  officer  or
    corporate  director  of  a  funeral  home,  who  is not a
    licensee, in any advertisement used  by  a  funeral  home
    with   which   the   individual  is  affiliated,  if  the
    advertisement specifies the individual's affiliation with
    the funeral home.
         (22)  Directly or indirectly receiving  compensation
    for any professional services not actually performed.
         (23)  Failing  to  account  for or remit any monies,
    documents, or personal property that  belongs  to  others
    that comes into a licensee's possession.
         (24)  Treating   any   person   differently  to  his
    detriment because of  race,  color,  creed,  gender  sex,
    religion, or national origin.
         (25)  Knowingly making any false statements, oral or
    otherwise,  of  a character likely to influence, persuade
    or induce others in the course of performing professional
    services or activities.
         (26)  Knowingly making or filing  false  records  or
    reports   in   the  practice  of  funeral  directing  and
    embalming.
         (27)  Failing  to   acquire   continuing   education
    required under this Code.
         (28)  Failing  to  comply  with any of the following
    required activities:
              (A)  When reasonably possible,  a  licensee  or
         anyone  acting on his or her behalf shall obtain the
         express  authorization  of  the  person  or  persons
         responsible for making the funeral arrangements  for
         a  deceased human body prior to removing a body from
         the place of  death  or  any  place  it  may  be  or
         embalming  or  attempting to embalm a deceased human
         body, unless required by State or local  law.   This
         requirement  is waived whenever removal or embalming
         is  directed   by   local   authorities   who   have
         jurisdiction. If the responsibility for the handling
         of the remains lawfully falls under the jurisdiction
         of  a  public  agency,  then  the regulations of the
         public agency shall prevail.
              (B)  A licensee shall clearly mark the price of
         any casket offered for sale  or  the  price  of  any
         service  using the casket on or in the casket if the
         casket is displayed at  the  funeral  establishment.
         If  the  casket  is displayed at any other location,
         regardless of whether the licensee is in control  of
         that  location,  the  casket shall be clearly marked
         and the  registrant  shall  use  books,  catalogues,
         brochures, or other printed display aids to show the
         price of each casket or service.
              (C)  At  the time funeral arrangements are made
         and prior  to  rendering  the  funeral  services,  a
         licensee  shall  furnish  a  written statement to be
         retained by the person or persons making the funeral
         arrangements, signed by  both  parties,  that  shall
         contain:  (i) the name, address and telephone number
         of the funeral establishment and the date  on  which
         the  arrangements  were  made; (ii) the price of the
         service selected and the  services  and  merchandise
         included  for  that  price; (iii) a clear disclosure
         that the person or persons  making  the  arrangement
         may  decline  and  receive credit for any service or
         merchandise not desired and not required by  law  or
         the  funeral  director  or  the funeral director and
         embalmer; (iv) the supplemental items of service and
         merchandise requested and the price  of  each  item;
         (v)  the terms or method of payment agreed upon; and
         (vi) a statement as to any monetary advances made by
         the registrant on behalf of the family.
         (29)  A finding by the Department that the  license,
    after  having  his  or her license placed on probationary
    status  or  subjected  to  conditions  or   restrictions,
    violated  the  terms of the probation or failed to comply
    with such terms or conditions.
         (30)  Violation of any final  administrative  action
    of the Director.
         (31)  Being  named  as a perpetrator in an indicated
    report by the Department of Children and Family  Services
    pursuant  to the Abused and Neglected Child Reporting Act
    and, upon proof by clear and convincing  evidence,  being
    found  to  have  caused  a child to be an abused child or
    neglected child as defined in the  Abused  and  Neglected
    Child Reporting Act.
    (c)  The  Department may refuse to issue or renew, or may
suspend, the license of  any  person  who  fails  to  file  a
return,  to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment  of  tax,  penalty  or
interest  as  required  by  any  tax  Act administered by the
Illinois  Department  of  Revenue,  until  the  time  as  the
requirements of the tax Act are satisfied.
(Source: P.A. 87-966.)

    (225 ILCS 41/15-80)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15-80.  Statement of place of practice; roster. Each
applicant for a funeral director and embalmer's license shall
with his or her application submit a statement of  the  place
of  practice,  ownership,  names  and  license numbers of all
funeral  directors  and  embalmers  and   funeral   directors
associated  with  the  applicant. The Department shall keep a
record, which shall be  open  to  public  inspection  at  all
reasonable   times,   of  its  proceedings  relating  to  the
issuance, refusal,  renewal,  suspension  and  revocation  of
licenses.  This  record  shall  also  contain the name, known
place of practice and residence, and the date and  number  of
the  license of every licensed funeral director and embalmer,
licensed funeral director, and licensed funeral director  and
embalmer intern trainee in this State.
    The  Department shall publish an annual list of the names
and addresses of all licensees registered  by  it  under  the
provisions  of  this  Code, and of all persons whose licenses
have been suspended or revoked within the past year, together
with other information relative to  the  enforcement  of  the
provisions  of  this  Code  as it may deem of interest to the
public. One list shall be mailed to each local  registrar  of
vital  statistics  upon request by the registrar. Lists shall
also be mailed by the Department to any person in  the  State
upon request.
(Source: P.A. 87-966.)

    (225 ILCS 41/15-90 rep.)
    (225 ILCS 41/20-10 rep.)
    Section   10.    The   Funeral  Directors  and  Embalmers
Licensing Code is amended by  repealing  Sections  15-90  and
20-10.
                            INDEX
           Statutes amended in order of appearance
225 ILCS 41/1-10
225 ILCS 41/1-15
225 ILCS 41/1-20
225 ILCS 41/5-10
225 ILCS 41/5-15
225 ILCS 41/5-25
225 ILCS 41/10-5
225 ILCS 41/10-10
225 ILCS 41/10-15
225 ILCS 41/10-30
225 ILCS 41/10-35
225 ILCS 41/10-40
225 ILCS 41/15-5          from Ch. 111, par. 2825
225 ILCS 41/15-15
225 ILCS 41/15-55
225 ILCS 41/15-75
225 ILCS 41/15-80
225 ILCS 41/15-90 rep.
225 ILCS 41/20-10 rep.

Effective Date: 01/01/04