SB0038 EnrolledLRB097 02674 CEL 42693 b

1    AN ACT concerning professional regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following

 

 

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1Act is repealed on January 1, 2023:
2    The Funeral Directors and Embalmers Licensing Code.
 
3    Section 5. The Funeral Directors and Embalmers Licensing
4Code is amended by changing Sections 1-5, 1-10, 1-15, 1-20,
51-30, 5-5, 5-10, 5-15, 5-20, 10-5, 10-20, 10-30, 10-35, 15-5,
615-15, 15-16, 15-20, 15-21, 15-22, 15-25, 15-40, 15-41, 15-45,
715-46, 15-50, 15-65, 15-70, 15-75, 15-76, 15-77, 15-80, 15-85,
815-91, and 20-15 and by adding Sections 5-18, 10-38, 10-43,
915-18, 15-19, and 15-115 as follows:
 
10    (225 ILCS 41/1-5)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 1-5. Legislative intent. The practice of funeral
13directing and embalming in the State of Illinois is declared to
14be a practice affecting the public health, safety and welfare
15and subject to regulation and control in the public interest.
16It is further declared to be a matter of public interest and
17concern that the preparation, care and final disposition
18disposal of a deceased human body be attended with appropriate
19observance and understanding, having due regard and respect for
20the reverent care of the human body and for those bereaved and
21the overall spiritual dignity of every person man. It is
22further a matter of public interest that the practice of
23funeral directing and embalming as defined in this Code merit
24and receive the confidence of the public and that only

 

 

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1qualified persons be authorized to practice funeral directing
2and embalming in the State of Illinois. This Code shall be
3liberally construed to best carry out these subjects and
4purposes.
5(Source: P.A. 87-966.)
 
6    (225 ILCS 41/1-10)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 1-10. Definitions. As used in this Code:
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file. It is the duty of the applicant or
12licensee to inform the Department of any changes of address and
13those changes must be made either through the Department's
14website or by contacting the Department.
15    "Applicant" means any person making application for a
16license or certificate of registration. Any applicants
17applicant or people any person who hold holds themselves
18himself out as applicants are an applicant is considered
19licensees a licensee for purposes of enforcement,
20investigation, hearings, and the Illinois Administrative
21Procedure Act.
22    "Board" means the Funeral Directors and Embalmers
23Licensing and Disciplinary Board.
24    "Certificate of Death" means a certificate of death as
25referenced in the Illinois Vital Records Act.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Funeral director and embalmer" means a person who is
4licensed and qualified to practice funeral directing and to
5prepare, disinfect and preserve dead human bodies by the
6injection or external application of antiseptics,
7disinfectants or preservative fluids and materials and to use
8derma surgery or plastic art for the restoring of mutilated
9features. It further means a person who restores the remains of
10a person for the purpose of funeralization whose organs or bone
11or tissue has been donated for anatomical purposes.
12    "Funeral director and embalmer intern" means a person
13licensed by the Department State who is qualified to render
14assistance to a funeral director and embalmer in carrying out
15the practice of funeral directing and embalming under the
16supervision of the funeral director and embalmer.
17    "Embalming" means the process of sanitizing and chemically
18treating a deceased human body in order to reduce the presence
19and growth of microorganisms, to retard organic decomposition,
20to render the remains safe to handle while retaining
21naturalness of tissue, and to restore an acceptable physical
22appearance for funeral viewing purposes.
23    "Funeral director" means a person, known by the title of
24"funeral director" or other similar words or titles, licensed
25by the Department State who practices funeral directing.
26    "Funeral establishment", "funeral chapel", "funeral home",

 

 

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1or "mortuary" means a building or separate portion of a
2building having a specific street address or location and
3devoted to activities relating to the shelter, care, custody
4and preparation of a deceased human body and which may contain
5facilities for funeral or wake services.
6    "Licensee" means a person licensed under this Code as a
7funeral director, funeral director and embalmer, or funeral
8director and embalmer intern. Anyone who holds himself or
9herself out as a licensee or who is accused of unlicensed
10practice is considered a licensee for purposes of enforcement,
11investigation, hearings, and the Illinois Administrative
12Procedure Act.
13    "Owner" means the individual, partnership, corporation,
14limited liability company, association, trust, estate, or
15agent thereof, or other person or combination of persons who
16owns a funeral establishment or funeral business.
17    "Person" means any individual, partnership, association,
18firm, corporation, limited liability company, trust or estate,
19or other entity. "Person" includes both natural persons and
20legal entities.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation.
23(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.)
 
24    (225 ILCS 41/1-15)
25    (Section scheduled to be repealed on January 1, 2013)

 

 

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1    Sec. 1-15. Funeral directing; definition. Conducting or
2engaging in or representing or holding out oneself as
3conducting or engaged in any one or any combination of the
4following practices constitutes the practice of funeral
5directing:
6        (a) The practice of preparing, otherwise than by
7    embalming, for the burial, cremation, or disposition
8    disposal and directing and supervising the burial or
9    disposition disposal of deceased human remains or
10    performing any act or service in connection with the
11    preparing of dead human bodies. Preparation, direction,
12    and supervision shall not be construed to mean those
13    functions normally performed by cemetery and crematory
14    personnel.
15        (b) The practice of operating a place for preparing for
16    the disposition of deceased human bodies or for caring for
17    deceased human bodies before their disposition. Nothing in
18    this Code shall prohibit the ownership and management of
19    such a place by an unlicensed owner if the place is
20    operated in accordance with this Code and the unlicensed
21    owner does not engage in any form of funeral directing.
22        (c) The removal of a deceased human body from its place
23    of death, institution, or other location. A licensed
24    funeral director and embalmer intern may remove a deceased
25    human body from its place of death, institution, or other
26    location without another licensee being present. The

 

 

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1    licensed funeral director may engage others who are not
2    licensed funeral directors, licensed funeral director and
3    embalmers, or licensed funeral director and embalmer
4    interns to assist in the removal if the funeral director
5    directs and instructs them in handling and precautionary
6    procedures and accompanies them on all calls. The
7    transportation of deceased human remains to a cemetery,
8    crematory or other place of final disposition shall be
9    under the immediate direct supervision of a licensee unless
10    otherwise permitted by this Section. The transportation of
11    deceased human remains that are embalmed or otherwise
12    prepared and enclosed in an appropriate container to some
13    other place that is not the place of final disposition,
14    such as another funeral home or common carrier, or to a
15    facility that shares common ownership with the
16    transporting funeral home may be performed under the
17    general supervision of a licensee, but the supervision need
18    not be immediate or direct.
19        (d) The administering and conducting of, or assuming
20    responsibility for administering and conducting of, at
21    need funeral arrangements.
22        (e) The assuming custody of, transportation, providing
23    shelter, protection and care and disposition of deceased
24    human remains and the furnishing of necessary funeral
25    services, facilities and equipment.
26        (f) Using in connection with a name or practice the

 

 

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1    word "funeral director", "undertaker", "mortician",
2    "funeral home", "funeral parlor", "funeral chapel", or any
3    other title implying that the person is engaged in the
4    practice of funeral directing.
5    Within the existing scope of the practice of funeral
6directing or funeral directing and embalming, only a licensed
7funeral director, a licensed funeral director and embalmer, or
8a licensed funeral director and embalmer intern under the
9restrictions provided for in this Code, and not any other
10person employed or contracted by the licensee, may engage in
11the following activities at-need: (1) have direct contact with
12consumers and explain funeral or burial merchandise or services
13or (2) negotiate, develop, or finalize contracts with
14consumers. This paragraph shall not be construed or enforced in
15such a manner as to limit the functions of persons regulated
16under the Illinois Funeral or Burial Funds Act, the Illinois
17Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
18Cemetery Care Act, the Cemetery Association Act, the Illinois
19Insurance Code, or any other related professional regulatory
20Act.
21    The practice of funeral directing shall not include the
22phoning in of obituary notices, ordering of flowers for the
23funeral, or reporting of prices on the firm's general price
24list as required by the Federal Trade Commission Funeral Rule
25by nonlicensed persons, or like clerical tasks incidental to
26the act of making funeral arrangements.

 

 

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1    The making of funeral arrangements, at need, shall be done
2only by licensed funeral directors or licensed funeral
3directors and embalmers. Licensed funeral director and
4embalmer interns may, however, assist or participate in the
5arrangements under the direct supervision of a licensed funeral
6director or licensed funeral director and embalmer.
7(Source: P.A. 96-1463, eff. 1-1-11.)
 
8    (225 ILCS 41/1-20)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 1-20. Funeral directing and embalming; definition.
11"The practice of funeral directing and embalming" means:
12        (a) The practice of preparing, otherwise than by
13    embalming, for the burial, cremation, or disposition
14    disposal and directing and supervising the burial or
15    disposition disposal of deceased human remains or
16    performing any act or service in connection with the
17    preparing of dead human bodies. Preparation, direction,
18    and supervision shall not be construed to mean those
19    functions normally performed by cemetery and crematory
20    personnel.
21        (b) The practice of operating a place for preparing for
22    the disposition of deceased human bodies or for caring for
23    deceased human bodies before their disposition. Nothing in
24    this Code shall prohibit the ownership and management of
25    such a place by an unlicensed owner if the place is

 

 

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1    operated in accordance with this Code and the unlicensed
2    owner does not engage in any form of funeral directing and
3    embalming.
4        (c) The removal of a deceased human body from its place
5    of death, institution or other location. A licensed funeral
6    director and embalmer intern may remove a deceased human
7    body from its place of death, institution, or other
8    location without another licensee being present. The
9    licensed funeral director and embalmer may engage others
10    who are not licensed funeral directors and embalmers,
11    licensed funeral directors, or licensed funeral director
12    and embalmer interns to assist in the removal if the
13    funeral director and embalmer directs and instructs them in
14    handling and precautionary procedures and accompanies them
15    on all calls. The transportation of deceased human remains
16    to a cemetery, crematory or other place of final
17    disposition shall be under the immediate, direct
18    supervision of a licensee unless otherwise permitted by
19    this Section. The transportation of deceased human remains
20    that are embalmed or otherwise prepared and enclosed in an
21    appropriate container to some other place that is not the
22    place of final disposition, such as another funeral home or
23    common carrier, or to a facility that shares common
24    ownership with the transporting funeral home may be
25    performed under the general supervision of a licensee, but
26    the supervision need not be immediate or direct.

 

 

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1        (d) The administering and conducting of, or assuming
2    responsibility for administering and conducting of, at
3    need funeral arrangements.
4        (e) The assuming custody of, transportation, providing
5    shelter, protection and care and disposition of deceased
6    human remains and the furnishing of necessary funeral
7    services, facilities and equipment.
8        (f) Using in connection with a name or practice the
9    word "funeral director and embalmer", "embalmer", "funeral
10    director", "undertaker", "mortician", "funeral home",
11    "funeral parlor", "funeral chapel", or any other title
12    implying that the person is engaged in the practice of
13    funeral directing and embalming.
14        (g) The practice of embalming or representing or
15    holding out oneself as engaged in the practice of embalming
16    of deceased human bodies or the transportation of human
17    bodies deceased of a contagious or infectious disease.
18    Within the existing scope of the practice of funeral
19directing or funeral directing and embalming, only a licensed
20funeral director, a licensed funeral director and embalmer, or
21a licensed funeral director and embalmer intern under the
22restrictions provided for in this Code, and not any other
23person employed or contracted by the licensee, may engage in
24the following activities at-need: (1) have direct contact with
25consumers and explain funeral or burial merchandise or services
26or (2) negotiate, develop, or finalize contracts with

 

 

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1consumers. This paragraph shall not be construed or enforced in
2such a manner as to limit the functions of persons regulated
3under the Illinois Funeral or Burial Funds Act, the Illinois
4Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
5Cemetery Care Act, the Cemetery Association Act, the Illinois
6Insurance Code, or any other related professional regulatory
7Act.
8    The practice of funeral directing and embalming shall not
9include the phoning in of obituary notices, ordering of flowers
10for the funeral, or reporting of prices on the firm's general
11price list as required by the Federal Trade Commission Funeral
12Rule by nonlicensed persons, or like clerical tasks incidental
13to the act of making funeral arrangements.
14    The making of funeral arrangements, at need, shall be done
15only by licensed funeral directors or licensed funeral
16directors and embalmers. Licensed funeral director and
17embalmer interns may, however, assist or participate in the
18arrangements under the direct supervision of a licensed funeral
19director or licensed funeral director and embalmer.
20(Source: P.A. 96-1463, eff. 1-1-11.)
 
21    (225 ILCS 41/1-30)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 1-30. Powers of the Department. Subject to the
24provisions of this Code, the Department may exercise the
25following powers:

 

 

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1    (1) To authorize examinations to ascertain the
2qualifications and fitness of applicants for licensing as a
3licensed funeral director and embalmer and pass upon the
4qualifications of applicants for licensure.
5    (2) To examine the records of a licensed funeral director
6or licensed funeral director and embalmer from any year or any
7other aspect of funeral directing and embalming as the
8Department deems appropriate.
9    (3) To investigate any and all funeral directing and
10embalming activity.
11    (4) To conduct hearings on proceedings to refuse to issue
12or renew licenses or to revoke, suspend, place on probation,
13reprimand, or otherwise discipline a license under this Code or
14take other non-disciplinary action.
15    (5) To adopt all necessary and reasonable rules and
16regulations for the effective required for the administration
17of this Code.
18    (6) To prescribe forms to be issued for the administration
19and enforcement of this Code.
20    (7) To maintain rosters of the names and addresses of all
21licensees and all persons whose licenses have been suspended,
22revoked, denied renewal, or otherwise disciplined within the
23previous calendar year. These rosters shall be available upon
24written request and payment of the required fee as established
25by rule.
26    (8) To contract with third parties for services necessary

 

 

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1for the proper administration of this Code including, without
2limitation, investigators with the proper knowledge, training,
3and skills to properly inspect funeral homes and investigate
4complaints under this Code.
5(Source: P.A. 96-1463, eff. 1-1-11.)
 
6    (225 ILCS 41/5-5)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 5-5. License requirement. It is unlawful for any
9person to practice, or to attempt to practice, funeral
10directing without a license as a funeral director issued by the
11Department.
12    No person shall practice funeral directing unless they are
13employed by or contracted with a fixed place of practice or
14establishment devoted to the care and preparation for burial or
15for the transportation of deceased human bodies. who does not
16have a fixed place of practice or establishment devoted to the
17care and preparation for burial or for transportation of
18deceased human bodies, or who is not regularly employed in a
19fixed place of practice or establishment.
20    No person shall practice funeral directing independently
21at the fixed place of practice or establishment of another
22licensee unless that person's name is published and displayed
23at all times in connection therewith.
24(Source: P.A. 87-966.)
 

 

 

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1    (225 ILCS 41/5-10)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 5-10. Funeral director license; display. Every holder
4of a license as a funeral director shall display it in a
5conspicuous place in the licensee's place of practice or in the
6place of practice in which the licensee is employed or
7contracted. If , in case the licensee is engaged in funeral
8directing at more than one place of practice, then in the
9licensee's principal place of practice or the principal place
10of practice of the licensee's employer and a copy of the
11license shall be displayed in a conspicuous place at all other
12places of practice.
13(Source: P.A. 96-1463, eff. 1-1-11.)
 
14    (225 ILCS 41/5-15)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 5-15. Renewal; reinstatement; restoration Expiration
17and renewal; inactive status; continuing education. The
18expiration date and renewal period for each license issued
19under this Article shall be set by rule. The holder of a
20license as a licensed funeral director may renew the license
21during the month preceding the expiration date of the license
22by paying the required fee. A licensed funeral director whose
23license has expired may have the license reinstated within 5
24years from the date of expiration upon payment of the required
25reinstatement fee. The reinstatement shall be effective as of

 

 

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1the date of reissuance of the license.
2    Any licensed funeral director whose license has been
3expired for more than 5 years may have the license restored
4only by fulfilling the requirements of the Department's rules
5and by paying the required restoration fee. However, any
6licensed funeral director whose license has expired while he or
7she has been engaged (1) in federal service on active duty with
8the United States Army, Navy, Marine Corps, Air Force, or Coast
9Guard, or the State Militia called into the service or training
10of the United States of America or (2) in training or education
11under the supervision of the United States preliminary to
12induction into the military service may have his or her license
13restored without paying any lapsed renewal fees or restoration
14fee or without passing any examination if, within 2 years after
15termination of the service, training or education other than by
16dishonorable discharge, he or she furnishes the Department with
17an affidavit to the effect that he or she has been so engaged
18and that his or her service, training or education has been so
19terminated.
20    In addition to any other requirement for renewal of a
21license or reinstatement or restoration of an expired license,
22as a condition for the renewal, reinstatement, or restoration
23of a license as a licensed funeral director, each licensee
24shall provide evidence to the Department of completion of at
25least 12 hours of continuing education during the 24 months
26preceding the expiration date of the license, or in the case of

 

 

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1reinstatement or restoration, during the 24 months preceding
2application for reinstatement or restoration. The continuing
3education sponsors shall be approved by the Board. In addition,
4any qualified continuing education course for funeral
5directors offered by a college, university, the Illinois
6Funeral Directors Association, Funeral Directors Services
7Association of Greater Chicago, Cook County Association of
8Funeral Home Owners, Inc., Illinois Selected Morticians
9Association, Inc., Illinois Cemetery and Funeral Home
10Association, National Funeral Directors Association, Selected
11Independent Funeral Homes, National Funeral Directors and
12Morticians Association, Inc., International Order of the
13Golden Rule, or an Illinois school of mortuary science shall be
14accepted toward satisfaction of the continuing education
15requirements.
16    The Department shall establish by rule a means for
17verification of completion of the continuing education
18required by this Section. This verification may be accomplished
19through audits of records maintained by licensees, by requiring
20the filing of continued education certificates with the
21Department or a qualified organization selected by the
22Department to maintain these records, or by other means
23established by the Department.
24    Except as otherwise provided in this paragraph, a A person
25who is licensed as a funeral director under this Code and who
26has engaged in the practice of funeral directing for at least

 

 

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140 years shall be exempt from the continuing education
2requirements of this Section. Licensees who have not engaged in
3the practice of funeral directing for at least 40 years by
4January 1, 2016 shall not receive this exemption after that
5date. In addition, the Department shall establish by rule an
6exemption or exception, for a limited period of time, for
7funeral directors who, by reason of advanced age, health or
8other extreme condition should reasonably be excused from the
9continuing education requirement upon the approval of the
10Secretary. Those persons, identified above, who cannot attend
11on-site classes, shall have the opportunity to comply by
12completing home study courses designed for them by sponsors.
13    Any funeral director who notifies the Department in writing
14on forms prescribed by the Department may elect to place his or
15her license on an inactive status and shall, subject to rules
16of the Department, be excused from payment of renewal fees and
17completion of continuing education requirements until he or she
18notifies the Department in writing of an intent to restore or
19reinstate the license to active status. Any licensee requesting
20restoration or reinstatement from inactive status shall notify
21the Department as provided by rule of the Department and pay
22the fee required by the Department for restoration or
23reinstatement of the license. Any licensee whose license is on
24inactive status shall not practice in the State of Illinois.
25    Practice on a license that has lapsed or been placed in
26inactive status is practicing without a license and a violation

 

 

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1of this Code.
2(Source: P.A. 96-1463, eff. 1-1-11.)
 
3    (225 ILCS 41/5-18 new)
4    Sec. 5-18. Inactive status.
5    (a) Any funeral director who notifies the Department in
6writing on forms prescribed by the Department may elect to
7place his or her license on an inactive status and shall,
8subject to rules of the Department, be excused from payment of
9renewal fees and completion of continuing education
10requirements until he or she notifies the Department in writing
11of an intent to restore or reinstate the license to active
12status.
13    (b) Any licensee who has permitted his or her license to
14expire or who has had his or her license on inactive status may
15have the license restored by making application to the
16Department, by filing proof acceptable to the Department of his
17or her fitness to have the license restored, and by paying the
18required fees. Proof of fitness may include sworn evidence
19certifying to active lawful practice in another jurisdiction.
20If the licensee has not maintained an active practice in
21another jurisdiction satisfactory to the Department, then the
22Department shall determine by an evaluation program,
23established by rule, his or her fitness for restoration of the
24license and shall establish procedures and requirements for
25restoration. Any licensee whose license is on inactive status

 

 

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1shall not practice in the State.
2    (c) Any licensee whose license is on inactive status or in
3a non-renewed status shall not engage in the practice of
4funeral directing in the State or use the title or advertise
5that he or she performs the services of a licensed funeral
6director. Any person violating this Section shall be considered
7to be practicing without a license and shall be subject to the
8disciplinary provisions of this Code.
 
9    (225 ILCS 41/5-20)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 5-20. Disposition of unclaimed cremated remains
12residual ashes. The holder of a license is authorized at his or
13her discretion to effect a final disposition of the unclaimed
14cremated remains residual ashes of any cremated human body if
15no person lawfully entitled to the custody of the ashes makes
16or has made a proper request for them within one year of the
17date of death of the person whose body was cremated.
18(Source: P.A. 87-966.)
 
19    (225 ILCS 41/10-5)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 10-5. License requirement. It is unlawful for any
22person to practice or attempt to practice funeral directing and
23embalming without being licensed by the Department.
24    No person shall practice funeral directing and embalming

 

 

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1unless they are employed by or contracted with a fixed place of
2practice or establishment devoted to the care and preparation
3for burial or for the transportation of deceased human bodies.
4who does not have a fixed place of practice or establishment in
5Illinois devoted to the care and preparation for burial or for
6transportation of deceased human bodies, or who is not
7regularly employed in a fixed place of practice or
8establishment.
9    No person shall practice funeral directing and embalming
10independently at the fixed place of practice or establishment
11of another licensee unless his or her name shall be published
12and displayed at all times in connection therewith.
13    No licensed intern shall independently practice funeral
14directing and embalming; however, a licensed funeral director
15and embalmer intern may under the immediate personal
16supervision of a licensed funeral director and embalmer assist
17a licensed funeral director and embalmer in the practice of
18funeral directing and embalming.
19    No person shall practice as a funeral director and embalmer
20intern unless he or she possesses a valid license in good
21standing to do so in the State of Illinois.
22(Source: P.A. 93-268, eff. 1-1-04.)
 
23    (225 ILCS 41/10-20)
24    (Section scheduled to be repealed on January 1, 2013)
25    Sec. 10-20. Application. Every person who desires to obtain

 

 

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1a license under this Code shall apply to the Department in
2writing on forms prepared and furnished by the Department. The
3application shall contain proof of the particular
4qualifications required of the applicant, shall be certified by
5the applicant, and shall be accompanied by the required fee.
6Applicants have 3 years after the date of application to
7complete the application process. If the process has not been
8completed in 3 years, then the application shall be denied, the
9fee shall be forfeited, and the applicant must reapply and meet
10the requirements in effect at the time of reapplication.
11(Source: P.A. 87-966.)
 
12    (225 ILCS 41/10-30)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 10-30. Issuance, display of license. Whenever an
15applicant has met the requirements of this Code, the Department
16shall issue to the applicant a license as a licensed funeral
17director and embalmer or licensed funeral director and embalmer
18intern, as the case may be.
19    Every holder of a license shall display it in a conspicuous
20place in the licensee's place of practice or in the place of
21practice in which the licensee is employed or contracted. If In
22case the licensee is engaged in funeral directing and embalming
23at more than one place of practice, then the license shall be
24displayed in the licensee's principal place of practice or the
25principal place of practice of the licensee's employer and a

 

 

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1copy of the license shall be displayed in a conspicuous place
2at all other places of practice.
3(Source: P.A. 96-1463, eff. 1-1-11.)
 
4    (225 ILCS 41/10-35)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 10-35. Renewal; reinstatement; restoration;
7continuing education. The expiration date and renewal period
8for each license issued under this Article shall be set by
9rule. The holder of a license as a licensed funeral director
10and embalmer or funeral director and embalmer intern may renew
11the license during the month preceding the expiration date of
12the license by paying the required fee. A licensed funeral
13director and embalmer or licensed funeral director and embalmer
14trainee whose license has expired may have the license
15reinstated within 5 years from the date of expiration upon
16payment of the required reinstatement fee and fulfilling the
17requirements of the Department's rules. The reinstatement of
18the license is effective as of the date of the reissuance of
19the license.
20    Any licensed funeral director and embalmer whose license
21has been expired for more than 5 years may have the license
22restored only by fulfilling the requirements set forth in the
23Department's rules and by paying the required restoration fee.
24However, any licensed funeral director and embalmer or licensed
25funeral director and embalmer intern whose license has expired

 

 

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1while he or she has been engaged (1) in federal service on
2active duty with the United States Army, Navy, Marine Corps,
3Air Force, or Coast Guard, or the State Militia called into the
4service or training of the United States of America or (2) in
5training or education under the supervision of the United
6States preliminary to induction into the military service, may
7have his or her license restored without paying any lapsed
8renewal fees or restoration fee or without passing any
9examination if, within 2 years after termination of the
10service, training or education other than by dishonorable
11discharge, he or she furnishes the Department with an affidavit
12to the effect that he or she has been so engaged and that his or
13her service, training or education has been so terminated.
14    No license of a funeral director and embalmer intern shall
15be renewed more than twice.
16    In addition to any other requirement for renewal of a
17license or reinstatement or restoration of an expired license,
18as a condition for the renewal, reinstatement, or restoration
19of a license as a licensed funeral director and embalmer, each
20licensee shall provide evidence to the Department of completion
21of at least 24 hours of continuing education during the 24
22months preceding the expiration date of the license, or in the
23case of reinstatement or restoration, within the 24 months
24preceding the application for reinstatement or restoration.
25The continuing education sponsors shall be approved by the
26Board. In addition, any qualified continuing education course

 

 

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1for funeral directors and embalmers offered by a college,
2university, the Illinois Funeral Directors Association,
3Funeral Directors Services Association of Greater Chicago,
4Cook County Association of Funeral Home Owners, Inc., Illinois
5Selected Morticians Associations, Inc., Illinois Cemetery and
6Funeral Home Association, National Funeral Directors
7Association, Selected Independent Funeral Homes, National
8Funeral Directors and Morticians Association, Inc.,
9International Order of the Golden Rule, or an Illinois school
10of mortuary science shall be accepted toward satisfaction of
11the continuing education requirements.
12    The Department shall establish by rule a means for
13verification of completion of the continuing education
14required by this Section. This verification may be accomplished
15through audits of records maintained by licensees, by requiring
16the filing of continued education certificates with the
17Department or a qualified organization selected by the
18Department to maintain the records, or by other means
19established by the Department.
20    Except as otherwise provided in this paragraph, a A person
21who is licensed as a funeral director and embalmer under this
22Code and who has engaged in the practice of funeral directing
23and embalming for at least 40 years shall be exempt from the
24continuing education requirements of this Section. Licensees
25who have not engaged in the practice of funeral directing and
26embalming for at least 40 years by January 1, 2016 shall not

 

 

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1receive this exemption after that date. In addition, the
2Department shall establish by rule an exemption or exception,
3for a limited period of time, for funeral directors and
4embalmers who, by reason of advanced age, health or other
5extreme condition, should reasonably be excused from the
6continuing education requirement upon the approval of the
7Secretary. Those persons, identified above, who cannot attend
8on-site classes, shall have the opportunity to comply by
9completing home study courses designed for them by sponsors.
10    Any funeral director and embalmer who notifies the
11Department in writing on forms prescribed by the Department,
12may elect to place his or her license on an inactive status and
13shall, subject to rules of the Department, be excused from
14payment of renewal fees and completion of continuing education
15requirements until he or she notifies the Department in writing
16of an intent to restore or reinstate the license to active
17status. While on inactive status, the licensee shall only be
18required to pay a single fee, established by the Department, to
19have the license placed on inactive status. Any licensee
20requesting restoration or reinstatement from inactive status
21shall notify the Department as provided by rule of the
22Department and pay the fee required by the Department for
23restoration or reinstatement of the license. Any licensee whose
24license is on inactive status shall not practice in the State
25of Illinois.
26    Practice on a license that has lapsed or been placed in

 

 

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1inactive status is practicing without a license and a violation
2of this Code.
3(Source: P.A. 96-1463, eff. 1-1-11.)
 
4    (225 ILCS 41/10-38 new)
5    Sec. 10-38. Inactive status.
6    (a) Any funeral director and embalmer who notifies the
7Department in writing on forms prescribed by the Department may
8elect to place his or her license on an inactive status and
9shall, subject to rules of the Department, be excused from
10payment of renewal fees and completion of continuing education
11requirements until he or she notifies the Department in writing
12of an intent to restore or reinstate the license to active
13status.
14    (b) While on inactive status, the licensee shall only be
15required to pay a single fee, established by the Department, to
16have the license placed on inactive status. Any licensee who
17has permitted his or her license to expire or who has had his
18or her license on inactive status may have the license restored
19by making application to the Department, by filing proof
20acceptable to the Department of his or her fitness to have the
21license restored, and by paying the required fees. Proof of
22fitness may include sworn evidence certifying to active lawful
23practice in another jurisdiction. If the licensee has not
24maintained an active practice in another jurisdiction
25satisfactory to the Department, then the Department shall

 

 

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1determine by an evaluation program, established by rule, his or
2her fitness for restoration of the license and shall establish
3procedures and requirements for restoration.
4    (c) Any licensee whose license is on inactive status or in
5a non-renewed status shall not engage in the practice of
6funeral directing and embalming in the State or use the title
7or advertise that he or she performs the services of a licensed
8funeral director and embalmer. Any person violating this
9Section shall be considered to be practicing without a license
10and shall be subject to the disciplinary provisions of this
11Code.
 
12    (225 ILCS 41/10-43 new)
13    Sec. 10-43. Endorsement. The Department may issue a
14funeral director and embalmer license, without the required
15examination, to an applicant licensed by another state,
16territory, possession of the United States, or the District of
17Columbia, if (i) the licensing requirements of that licensing
18authority are, on the date of licensure, substantially equal to
19the requirements set forth under this Code and (ii) the
20applicant provides the Department with evidence of good
21standing from the licensing authority of that jurisdiction. An
22applicant under this Section shall pay all of the required
23fees.
 
24    (225 ILCS 41/15-5)  (from Ch. 111, par. 2825)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 15-5. Funeral Directors and Embalmers Licensing and
3Disciplinary Board. A Funeral Directors and Embalmers
4Licensing and Disciplinary Board is created and shall consist
5of 7 persons, 6 of whom are licensed to practice funeral
6directing and embalming in this State, and one who is a
7knowledgeable public member. Each member shall be appointed by
8the Secretary of the Department. The persons so appointed shall
9hold their offices for 4 years and until qualified successors
10are appointed. All vacancies occurring shall be filled by the
11Secretary for the unexpired portion of the term rendered
12vacant. No member shall be eligible to serve for more than 2
13full consecutive terms. The Secretary may remove or suspend any
14member of the Board for cause at any time before the expiration
15of his or her term. The Secretary shall be the sole arbiter of
16cause reasons prescribed by law for removal of State officials
17or for misconduct, incompetence, neglect of duty, or failing to
18attend 2 consecutive Board meetings. The cause for removal must
19be set forth in writing. The Board shall annually select a
20chairman from its membership. The members of the Board shall be
21reimbursed for all legitimate and necessary expenses incurred
22in attending meetings of the Board. The Board may meet as often
23as necessary to perform its duties under this Code, and shall
24meet at least once a year in Springfield, Illinois.
25    Four members of the Board shall constitute a quorum. A
26quorum is required for all Board decisions.

 

 

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1    The Department shall consider the recommendation of the
2Board in the development of proposed rules under this Code.
3Notice of any proposed rulemaking under this Code shall be
4transmitted to the Board and the Department shall review the
5response of the Board and any recommendations relating to that
6rulemaking.
7    The Department shall seek the advice and recommendations of
8the Board in connection with any rulemaking or disciplinary
9actions relating to funeral director and embalmers and funeral
10director and embalmer interns, including applications for
11restoration of revoked licenses. Members of the Board shall be
12immune from suit in any action based upon any disciplinary
13proceedings or other activities performed in good faith as
14members of the Board. The Board shall have 60 days to respond
15to a Department request for advice and recommendations.
16    The Department shall adopt all necessary and reasonable
17rules and regulations for the effective administration of this
18Code, and without limiting the foregoing, the Department shall
19adopt rules and regulations:
20        (1) prescribing a method of examination of candidates;
21        (2) defining what shall constitute a school, college,
22    university, department of a university or other
23    institution to determine the reputability and good
24    standing of these institutions by reference to a compliance
25    with the rules and regulations; however, no school,
26    college, university, department of a university or other

 

 

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1    institution that refuses admittance to applicants, solely
2    on account of race, color, creed, sex or national origin
3    shall be considered reputable and in good standing;
4        (3) establishing expiration dates and renewal periods
5    for all licenses;
6        (4) prescribing a method of handling complaints and
7    conducting hearings on proceedings to take disciplinary
8    action under this Code; and
9        (5) providing for licensure by reciprocity.
10(Source: P.A. 96-1463, eff. 1-1-11.)
 
11    (225 ILCS 41/15-15)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 15-15. Complaints; investigations; hearings; summary
14suspension of license. The Department may investigate the
15actions of any applicant or of any person or persons rendering
16or offering to render services or any person holding or
17claiming to hold a license under this Code.
18    The Department shall, before refusing to issue or renew a
19license or seeking to discipline a licensee under Section 75
20revoking, suspending, placing on probation, reprimanding, or
21taking any other disciplinary action, at least 30 days before
22the date set for the hearing, (i) notify the accused in writing
23of the charges made and the time and place for the hearing on
24the charges, (ii) direct him or her to file a written answer to
25the charges under oath within 20 days after the service on him

 

 

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1or her of the notice, and (iii) inform the applicant or
2licensee accused that, failure if he or she fails to answer,
3shall result in a default being entered will be taken against
4the applicant or licensee him or her or that his or her license
5may be suspended, revoked, or placed on probationary status, or
6other disciplinary action taken with regard to the license,
7including limiting the scope, nature, or extent of his or her
8practice, as the Department may consider proper.
9    At the time and place fixed in the notice, the Board or the
10hearing officer appointed by the Secretary Department shall
11proceed to hear the charges and the parties or their counsel
12shall be accorded ample opportunity to present any pertinent
13statements, testimony, evidence, and arguments. The Board or
14hearing officer Department may continue the hearing from time
15to time. In case the person, after receiving the notice, fails
16to file an answer, his or her license may, in the discretion of
17the Secretary, having first received the recommendation of the
18Board Department, be suspended, revoked, or placed on
19probationary status, or be subject to the Department may take
20whatever disciplinary action the Secretary it considers
21proper, including limiting the scope, nature, or extent of the
22person's practice or the imposition of a fine, without a
23hearing, if the act or acts charged constitute sufficient
24grounds for that action under this Code. The written notice and
25any notice in the subsequent proceeding may be served by
26regular personal delivery or by certified mail to the

 

 

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1licensee's address of record specified by the accused in his or
2her last notification with the Department.
3    The Department has the power to subpoena and bring before
4it any person to take oral or written testimony and to compel
5the production of any books, papers, records, or other
6documents that the Secretary or his or her designee deems
7relevant or material to any investigation or hearing conducted
8by the Department, with the same fees and in the same manner as
9prescribed in civil cases. The Secretary, the designated
10hearing officer, and every member of the Board has the power to
11administer oaths to witnesses at any hearing that the
12Department is authorized to conduct, and any other oaths
13authorized in any Act or Code administered by the Department.
14    If the Department determines that any licensee is guilty of
15a violation of any of the provisions of this Code, disciplinary
16action shall be taken against the licensee. The Department may
17take disciplinary action without a formal hearing subject to
18Section 10-70 of the Illinois Administrative Procedure Act.
19    The Secretary may summarily suspend the license of any
20person licensed under this Code without a hearing,
21simultaneously with the institution of proceedings for a
22hearing provided for in this Section, if the Secretary finds
23that evidence in the possession of the Secretary indicates that
24the continuation of practice by the licensee would constitute
25an imminent danger to the public. In the event that the
26Secretary summarily suspends the license of an individual

 

 

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1without a hearing, a hearing must be held within 30 days after
2the suspension has occurred and concluded as expeditiously as
3practical.
4(Source: P.A. 96-48, eff. 7-17-09; 96-1463, eff. 1-1-11.)
 
5    (225 ILCS 41/15-16)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 15-16. Appointment of a hearing officer. The Secretary
8has the authority to appoint any attorney licensed to practice
9law in the State of Illinois to serve as the hearing officer in
10any action for refusal to issue, restore, or renew a license or
11to discipline a licensee. The hearing officer has full
12authority to conduct the hearing. Any Board member may attend
13hearings.
14(Source: P.A. 96-1463, eff. 1-1-11.)
 
15    (225 ILCS 41/15-18 new)
16    Sec. 15-18. Temporary suspension. The Secretary may
17temporarily suspend the license of a licensee without a
18hearing, simultaneously with the institution of proceedings
19for a hearing provided in Section 15-15 of this Code, if the
20Secretary finds that the public interest, safety, or welfare
21requires such emergency action. In the event that the Secretary
22temporarily suspends a license without a hearing before the
23Board or a duly appointed hearing officer, a hearing shall be
24held within 30 days after the suspension has occurred. The

 

 

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1suspended licensee may seek a continuance of the hearing,
2during which time the suspension shall remain in effect. The
3proceeding shall be concluded without appreciable delay. If the
4Department does not hold a hearing within 30 days after the
5date of the suspension, then the licensee's license shall be
6automatically reinstated.
 
7    (225 ILCS 41/15-19 new)
8    Sec. 15-19. Consent to Administrative Supervision order.
9In appropriate cases, the Department may resolve a complaint
10against a licensee through the issuance of a Consent to
11Administrative Supervision order. A licensee subject to a
12Consent to Administrative Supervision order shall be
13considered by the Department as an active licensee in good
14standing. This order shall not be reported or considered by the
15Department to be a discipline of the licensee. The records
16regarding an investigation and a Consent to Administrative
17Supervision order shall be considered confidential and shall
18not be released by the Department except as mandated by law. A
19complainant shall be notified if his or her complaint has been
20resolved by a Consent to Administrative Supervision order.
 
21    (225 ILCS 41/15-20)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 15-20. Transcript; record of proceedings. The
24Department, at its expense, shall preserve a record of all

 

 

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1proceedings at the formal hearing of any case. The notice of
2hearing, complaint and all other documents in the nature of
3pleadings and written motions filed in the proceedings, the
4transcript of testimony, the report of the Board or hearing
5officer, and the orders of the Department shall be the record
6of the proceedings. The Department shall furnish a transcript
7of the record to any person interested in the hearing upon
8payment of the actual cost of making the transcript.
9(Source: P.A. 96-1463, eff. 1-1-11.)
 
10    (225 ILCS 41/15-21)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 15-21. Findings and recommendations. At the
13conclusion of the hearing, the Board or hearing officer shall
14present to the Secretary a written report of its findings of
15fact, conclusions of law, and recommendations. The report shall
16contain a finding of whether or not the accused person violated
17this Code or its rules or failed to comply with the conditions
18required in this Code or its rules. The Board shall specify the
19nature of any violations or failure to comply and shall make
20its recommendations to the Secretary. In making
21recommendations for any disciplinary action, the Board may take
22into consideration all facts and circumstances bearing upon the
23reasonableness of the conduct of the accused and the potential
24for future harm to the public, including, but not limited to,
25previous discipline of the accused by the Department, intent,

 

 

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1degree of harm to the public and likelihood of harm in the
2future, any restitution made by the accused, and whether the
3incident or incidents contained in the complaint appear to be
4isolated or represent a continuing pattern of conduct. In
5making its recommendations for discipline, the Board shall
6endeavor to ensure that the severity of the discipline
7recommended is reasonably related to the severity of the
8violation.
9    The report of findings of fact, conclusions of law, and
10recommendation of the Board or hearing officer shall be the
11basis for the Secretary's Department's order refusing to issue,
12restore, or renew a license, or otherwise disciplining a
13licensee. If the Secretary disagrees with the recommendations
14of the Board or hearing officer, the Secretary may issue an
15order in contravention of the Board or hearing officer's
16recommendations. The finding is not admissible in evidence
17against the person in a criminal prosecution brought for a
18violation of this Code, but the hearing and finding are not a
19bar to a criminal prosecution brought for a violation of this
20Code.
21(Source: P.A. 96-1463, eff. 1-1-11.)
 
22    (225 ILCS 41/15-22)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 15-22. Rehearing. At the conclusion of the hearing, a
25copy of the Board or hearing officer's report shall be served

 

 

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1upon the applicant or licensee by the Department, either
2personally or as provided in this Code for the service of a
3notice of hearing. Within 20 calendar days after service, the
4applicant or licensee may present to the Department a motion in
5writing for a rehearing, which shall specify the particular
6grounds for rehearing. The Department may respond to the motion
7for rehearing within 20 calendar days after its service on the
8Department. If no motion for rehearing is filed, then upon the
9expiration of the time specified for filing such a motion, or
10if a motion for rehearing is denied, then upon denial, the
11Secretary may enter an order in accordance with the
12recommendations of the Board or hearing officer. If the
13applicant or licensee orders from the reporting service and
14pays for a transcript of the record within the time for filing
15a motion for rehearing, the 20-day period within which a motion
16may be filed shall commence upon the delivery of the transcript
17to the applicant or licensee.
18    If the Secretary believes that substantial justice has not
19been done in the revocation, suspension, or refusal to issue,
20restore, or renew a license, or other discipline of an
21applicant or licensee, he or she may order a rehearing by the
22same or other hearing officers examiners.
23(Source: P.A. 96-1463, eff. 1-1-11.)
 
24    (225 ILCS 41/15-25)
25    (Section scheduled to be repealed on January 1, 2013)

 

 

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1    Sec. 15-25. Subpoenas; oaths; attendance of witnesses
2Court order; contempt.
3    (a) The Department may subpoena and bring before it any
4person to take the oral or written testimony or compel the
5production of any books, papers, records, or any other
6documents that the Secretary or his or her designee deems
7relevant or material to any investigation or hearing conducted
8by the Department with the same fees and mileage and in the
9same manner as prescribed in civil cases in the courts of this
10State.
11    (b) The Secretary, the hearing officer, any member of the
12Board, or a certified shorthand court reporter may administer
13oaths at any hearing that the Department conducts.
14Notwithstanding any other statute or Department rule to the
15contrary, all requests for testimony, production of documents,
16or records shall be in accordance with this Code.
17    (c) Any circuit court, upon application of the applicant,
18licensee or the Department, may, by order duly entered, require
19the attendance and testimony of witnesses and the production of
20relevant documents, files, books, records, and papers in
21connection with any hearing or investigation. The before the
22Department in any hearing relating to the refusal, suspension
23or revocation of a license. Upon refusal or neglect to obey the
24order of the court, the court may compel compliance with its
25order by proceedings for contempt of court.
26(Source: P.A. 87-966.)
 

 

 

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1    (225 ILCS 41/15-40)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-40. Certification of record; receipt. The
4Department shall not be required to certify any record to the
5court, to file an answer in court, or otherwise to appear in
6any court in a judicial review proceeding unless and until the
7Department has received from the plaintiff payment of the costs
8of furnishing and certifying the record, which costs shall be
9determined by the Department. Exhibits shall be certified
10without cost. Failure on the part of the Plaintiff to file a
11receipt in court is shall be grounds for dismissal of the
12action.
13(Source: P.A. 96-1463, eff. 1-1-11.)
 
14    (225 ILCS 41/15-41)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 15-41. Order or certified copy; prima facie proof. An
17order or certified copy thereof, over the seal of the
18Department and purporting to be signed by the Secretary, is
19prima facie proof that:
20        (1) the signature is the genuine signature of the
21    Secretary; and
22        (2) the Secretary is duly appointed and qualified. ; and
23        (3) the hearing officer is qualified to act.
24(Source: P.A. 96-1463, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 41/15-45)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-45. Practice without license; injunction; cease
4and desist order; civil penalties.
5    (a) The practice of funeral directing and embalming or
6funeral directing by any person who has not been issued a
7license by the Department, whose license has been suspended or
8revoked, or whose license has not been renewed is hereby
9declared to be inimical to the public welfare and to constitute
10a public nuisance. The Secretary may, in the name of the People
11of the State of Illinois through the Attorney General of the
12State of Illinois, or the State's Attorney of any county in
13which the violation is alleged to have occurred in the State of
14Illinois, apply for an injunction in the circuit court to
15enjoin any person who has not been issued a license or whose
16license has been suspended or revoked, or whose license has not
17been renewed, from practicing funeral directing and embalming
18or funeral directing. Upon the filing of a verified complaint
19in court, the court, if satisfied by affidavit or otherwise
20that the person is or has been practicing funeral directing and
21embalming or funeral directing without having been issued a
22license or after his or her license has been suspended,
23revoked, or not renewed, may issue a temporary restraining
24order or preliminary injunction, without notice or bond,
25enjoining the defendant from further practicing funeral

 

 

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1directing and embalming or funeral directing. A copy of the
2verified complaint shall be served upon the defendant and the
3proceedings shall thereafter be conducted as in other civil
4cases. If it is established that the defendant has been or is
5practicing funeral directing and embalming or funeral
6directing without having been issued a license or has been or
7is practicing funeral directing and embalming or funeral
8directing after his or her license has been suspended, revoked,
9or not renewed, the court may enter a judgment perpetually
10enjoining the defendant from further practicing funeral
11directing and embalming or funeral directing. In case of
12violation of any injunction entered under this Section, the
13court may summarily try and punish the offender for contempt of
14court. Any injunction proceeding shall be in addition to, and
15not in lieu of, all penalties and other remedies in this Code.
16    (b) Whenever, in the opinion of the Department, any person
17or other entity violates any provision of this Code, the
18Department may issue a notice to show cause why an order to
19cease and desist should not be entered against that person or
20other entity. The rule shall clearly set forth the grounds
21relied upon by the Department and shall provide a period of 7
22days from the date of the rule to file an answer to the
23satisfaction of the Department. Failure to answer to the
24satisfaction of the Department shall cause an order to cease
25and desist to be issued immediately.
26    (c) (Blank).

 

 

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1(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
2    (225 ILCS 41/15-46)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 15-46. Civil penalties; civil action.
5    (a) In addition to any other penalty provided by law, any
6person, sole proprietorship, professional service corporation,
7limited liability company, partnership, or other entity that
8violates Section 1-15 or 1-20 of this Code shall forfeit and
9pay to the General Professions Dedicated Fund a civil penalty
10in an amount determined by the Department not to exceed $10,000
11for each violation. The penalty shall be assessed in
12proceedings as provided in Sections 15-10 through 15-41 of this
13Code.
14    (b) In addition to the other penalties and remedies
15provided in this Code, the Department may bring a civil action
16in the county in which the funeral establishment is located
17against a licensee or any other person to enjoin any violation
18or threatened violation of this Code.
19    (c) Unless the amount of the penalty is paid within 60 days
20after the order becomes final, the order shall constitute a
21judgment judgement and shall be filed and execution issued
22thereon in the same manner as the judgment judgement of a court
23of record.
24(Source: P.A. 96-1463, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 41/15-50)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-50. Practice by corporation, limited liability
4company, partnership, or association. No corporation, limited
5liability company, partnership or association of individuals,
6as such, shall be issued a license as a licensed funeral
7director and embalmer or licensed funeral director, nor shall
8any corporation, limited liability company, partnership, firm
9or association of individuals, or any individual connected
10therewith, publicly advertise any corporation, partnership, or
11association of individuals as being licensed funeral directors
12and embalmers or licensed funeral directors. Nevertheless,
13nothing in this Act shall restrict funeral director licensees
14or funeral director and embalmer licensees from forming
15professional service corporations under the Professional
16Service Corporation Act or from having these corporations
17registered for the practice of funeral directing.
18    No funeral director licensee or funeral director and
19embalmer licensee, and no partnership or association of those
20licensees, formed since July 1, 1935, shall engage in the
21practice of funeral directing and embalming or funeral
22directing under a trade name or partnership or firm name unless
23in the use and advertising of the trade name, partnership or
24firm name there is published in connection with the advertising
25the name of the owner or owners as the owner or owners.
26(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    (225 ILCS 41/15-65)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-65. Fees. The Department shall provide by rule for
4a schedule of fees for the administration and enforcement of
5this Code, including but not limited to, original licensure,
6renewal, and restoration. The fees shall be nonrefundable.
7    All fees, fines, and penalties collected under this Code
8shall be deposited into the General Professions Dedicated Fund
9and shall be appropriated to the Department for the ordinary
10and contingent expenses of the Department in the administration
11of this Code.
12(Source: P.A. 96-1463, eff. 1-1-11.)
 
13    (225 ILCS 41/15-70)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 15-70. Returned checks; fines. Any person who delivers
16a check or other payment to the Department that is returned to
17the Department unpaid by the financial institution upon which
18it is drawn shall pay to the Department, in addition to the
19amount already owed to the Department, a fine of $50. The fines
20imposed by this Section are in addition to any other discipline
21provided under this Code for unlicensed practice or practice on
22a nonrenewed license. The Department shall notify the person
23that payment of fees and fines shall be paid to the Department
24by certified check or money order within 30 calendar days of

 

 

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1the notification. If, after the expiration of 30 days from the
2date of the notification, the person has failed to submit the
3necessary remittance, the Department shall automatically
4terminate the license or certificate or deny the application,
5without hearing. If, after termination or denial, the person
6seeks a license or certificate, he or she shall apply to the
7Department for restoration or issuance of the license or
8certificate and pay all fees and fines due to the Department.
9The Department may establish a fee for the processing of an
10application for restoration of a license or certificate to pay
11all expenses of processing this application. The Secretary may
12waive the fines due under this Section in individual cases
13where the Secretary finds that the fines would be unreasonable
14or unnecessarily burdensome.
15(Source: P.A. 96-1463, eff. 1-1-11.)
 
16    (225 ILCS 41/15-75)
17    (Section scheduled to be repealed on January 1, 2013)
18    Sec. 15-75. Violations; grounds for discipline; penalties.
19    (a) Each of the following acts is a Class A misdemeanor for
20the first offense, and a Class 4 felony for each subsequent
21offense. These penalties shall also apply to unlicensed owners
22of funeral homes.
23        (1) Practicing the profession of funeral directing and
24    embalming or funeral directing, or attempting to practice
25    the profession of funeral directing and embalming or

 

 

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1    funeral directing without a license as a funeral director
2    and embalmer or funeral director.
3        (2) Serving or attempting to serve as an intern under a
4    licensed funeral director and embalmer or attempting to
5    serve as an intern under a licensed funeral director and
6    embalmer without a license as a licensed funeral director
7    and embalmer intern.
8        (3) Obtaining or attempting to obtain a license,
9    practice or business, or any other thing of value, by fraud
10    or misrepresentation.
11        (4) Permitting any person in one's employ, under one's
12    control or in or under one's service to serve as a funeral
13    director and embalmer, funeral director, or funeral
14    director and embalmer intern when the person does not have
15    the appropriate license.
16        (5) Failing to display a license as required by this
17    Code.
18        (6) Giving false information or making a false oath or
19    affidavit required by this Code.
20    (b) The Department may refuse to issue or renew, a license
21or may revoke, suspend, place on probation or administrative
22supervision, reprimand, or take other disciplinary or
23non-disciplinary action as the Department may deem
24appropriate, including imposing fines not to exceed $10,000 for
25each violation, with regard to any license under the Code for
26any one or combination of the following:

 

 

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1        (1) Fraud or any misrepresentation in applying for or
2    procuring a license under this Code or in connection with
3    applying for renewal of a license under this Code Obtaining
4    or attempting to obtain a license by fraud or
5    misrepresentation.
6        (2) Conviction by plea of guilty or nolo contendere,
7    finding of guilt, jury verdict, or entry of judgment or by
8    sentencing of any crime, including, but not limited to,
9    convictions, preceding sentences of supervision,
10    conditional discharge, or first offender probation, under
11    the laws of any jurisdiction of the United States: (i) that
12    is a felony or (ii) that is a misdemeanor, an essential
13    element of which is dishonesty, or that is directly related
14    to the practice of the profession Conviction in this State
15    or another state of any crime that is a felony or
16    misdemeanor under the laws of this State or conviction of a
17    felony or misdemeanor in a federal court.
18        (3) Violation of the laws of this State relating to the
19    funeral, burial or disposition disposal of deceased human
20    bodies or of the rules and regulations of the Department,
21    or the Department of Public Health.
22        (4) Directly or indirectly paying or causing to be paid
23    any sum of money or other valuable consideration for the
24    securing of business or for obtaining authority to dispose
25    of any deceased human body.
26        (5) Professional incompetence, gross negligence,

 

 

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1    malpractice, or untrustworthiness in the practice of
2    funeral directing and embalming or funeral directing.
3        (6) (Blank). False or misleading advertising as a
4    funeral director and embalmer or funeral director, or
5    advertising or using the name of a person other than the
6    holder of a license in connection with any service being
7    rendered in the practice of funeral directing and embalming
8    or funeral directing. Nothing in this paragraph shall
9    prevent including the name of any owner, officer or
10    corporate director of a funeral business who is not a
11    licensee in any advertisement used by a funeral home with
12    which the individual is affiliated if the advertisement
13    specifies the individual's affiliation with the funeral
14    home.
15        (7) Engaging in, promoting, selling, or issuing burial
16    contracts, burial certificates, or burial insurance
17    policies in connection with the profession as a funeral
18    director and embalmer, funeral director, or funeral
19    director and embalmer intern in violation of any laws of
20    the State of Illinois.
21        (8) Refusing, without cause, to surrender the custody
22    of a deceased human body upon the proper request of the
23    person or persons lawfully entitled to the custody of the
24    body.
25        (9) Taking undue advantage of a client or clients as to
26    amount to the perpetration of fraud.

 

 

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1        (10) Engaging in funeral directing and embalming or
2    funeral directing without a license.
3        (11) Encouraging, requesting, or suggesting by a
4    licensee or some person working on his behalf and with his
5    consent for compensation that a person utilize the services
6    of a certain funeral director and embalmer, funeral
7    director, or funeral establishment unless that information
8    has been expressly requested by the person. This does not
9    prohibit general advertising or pre-need solicitation.
10        (12) Making or causing to be made any false or
11    misleading statements about the laws concerning the
12    disposition disposal of human remains, including, but not
13    limited to, the need to embalm, the need for a casket for
14    cremation or the need for an outer burial container.
15        (13) (Blank).
16        (14) Embalming or attempting to embalm a deceased human
17    body without express prior authorization of the person
18    responsible for making the funeral arrangements for the
19    body. This does not apply to cases where embalming is
20    directed by local authorities who have jurisdiction or when
21    embalming is required by State or local law. A licensee may
22    embalm without express prior authorization if a good faith
23    effort has been made to contact family members and has been
24    unsuccessful and the licensee has no reason to believe the
25    family opposes embalming.
26        (15) Making a false statement on a Certificate of Death

 

 

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1    where the person making the statement knew or should have
2    known that the statement was false.
3        (16) Soliciting human bodies after death or while death
4    is imminent.
5        (17) Performing any act or practice that is a violation
6    of this Code, the rules for the administration of this
7    Code, or any federal, State or local laws, rules, or
8    regulations governing the practice of funeral directing or
9    embalming.
10        (18) Performing any act or practice that is a violation
11    of Section 2 of the Consumer Fraud and Deceptive Business
12    Practices Act.
13        (19) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud or harm the public.
16        (20) Taking possession of a dead human body without
17    having first obtained express permission from the person
18    holding the right to control the disposition in accordance
19    with Section 5 of the Disposition of Remains Act next of
20    kin or a public agency legally authorized to direct,
21    control or permit the removal of deceased human bodies.
22        (21) Advertising in a false or misleading manner or
23    advertising using the name of an unlicensed person in
24    connection with any service being rendered in the practice
25    of funeral directing or funeral directing and embalming.
26    The use of any name of an unlicensed or unregistered person

 

 

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1    in an advertisement so as to imply that the person will
2    perform services is considered misleading advertising.
3    Nothing in this paragraph shall prevent including the name
4    of any owner, officer or corporate director of a funeral
5    home, who is not a licensee, in any advertisement used by a
6    funeral home with which the individual is affiliated, if
7    the advertisement specifies the individual's affiliation
8    with the funeral home.
9        (22) Charging for professional services not rendered,
10    including filing false statements for the collection of
11    fees for which services are not rendered Directly or
12    indirectly receiving compensation for any professional
13    services not actually performed.
14        (23) Failing to account for or remit any monies,
15    documents, or personal property that belongs to others that
16    comes into a licensee's possession.
17        (24) Treating any person differently to his detriment
18    because of race, color, creed, gender, religion, or
19    national origin.
20        (25) Knowingly making any false statements, oral or
21    otherwise, of a character likely to influence, persuade or
22    induce others in the course of performing professional
23    services or activities.
24        (26) Willfully Knowingly making or filing false
25    records or reports in the practice of funeral directing and
26    embalming, including, but not limited to, false records

 

 

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1    filed with State agencies or departments.
2        (27) Failing to acquire continuing education required
3    under this Code.
4        (28) (Blank). Violations of this Code or of the rules
5    adopted pursuant to this Code.
6        (29) Aiding or assisting another person in violating
7    any provision of this Code or rules adopted pursuant to
8    this Code.
9        (30) Failing within 10 days, to provide information in
10    response to a written request made by the Department.
11        (31) Discipline by another state, District of
12    Columbia, territory, or foreign nation, or governmental
13    agency, if at least one of the grounds for the discipline
14    is the same or substantially equivalent to those set forth
15    in this Section.
16        (32) (Blank). Directly or indirectly giving to or
17    receiving from any person, firm, corporation, partnership,
18    or association any fee, commission, rebate, or other form
19    of compensation for professional services not actually or
20    personally rendered.
21        (33) Mental illness or disability which results in the
22    inability Inability to practice the profession with
23    reasonable judgment, skill, or safety.
24        (34) Gross, willful, or continued overcharging for
25    professional services, including filing false statements
26    for collection of fees for which services are not rendered.

 

 

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1        (35) Physical illness, including, but not limited to,
2    deterioration through the aging process or loss of motor
3    skill which results in a licensee's inability to practice
4    under this Code with reasonable judgment, skill, or safety
5    A pattern of practice or other behavior that demonstrates
6    incapacity or incompetence to practice under this Code.
7        (36) Failing to comply with any of the following
8    required activities:
9            (A) When reasonably possible, a funeral director
10        licensee or funeral director and embalmer licensee or
11        anyone acting on his or her behalf shall obtain the
12        express authorization of the person or persons
13        responsible for making the funeral arrangements for a
14        deceased human body prior to removing a body from the
15        place of death or any place it may be or embalming or
16        attempting to embalm a deceased human body, unless
17        required by State or local law. This requirement is
18        waived whenever removal or embalming is directed by
19        local authorities who have jurisdiction. If the
20        responsibility for the handling of the remains
21        lawfully falls under the jurisdiction of a public
22        agency, then the regulations of the public agency shall
23        prevail.
24            (B) A licensee shall clearly mark the price of any
25        casket offered for sale or the price of any service
26        using the casket on or in the casket if the casket is

 

 

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1        displayed at the funeral establishment. If the casket
2        is displayed at any other location, regardless of
3        whether the licensee is in control of that location,
4        the casket shall be clearly marked and the registrant
5        shall use books, catalogues, brochures, or other
6        printed display aids to show the price of each casket
7        or service.
8            (C) At the time funeral arrangements are made and
9        prior to rendering the funeral services, a licensee
10        shall furnish a written statement of services to be
11        retained by the person or persons making the funeral
12        arrangements, signed by both parties, that shall
13        contain: (i) the name, address and telephone number of
14        the funeral establishment and the date on which the
15        arrangements were made; (ii) the price of the service
16        selected and the services and merchandise included for
17        that price; (iii) a clear disclosure that the person or
18        persons making the arrangement may decline and receive
19        credit for any service or merchandise not desired and
20        not required by law or the funeral director or the
21        funeral director and embalmer; (iv) the supplemental
22        items of service and merchandise requested and the
23        price of each item; (v) the terms or method of payment
24        agreed upon; and (vi) a statement as to any monetary
25        advances made by the registrant on behalf of the
26        family. The licensee shall maintain a copy of the

 

 

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1        written statement of services in its permanent
2        records. All written statements of services are
3        subject to inspection by the Department.
4            (D) In all instances where the place of final
5        disposition of a deceased human body or the cremated
6        remains of a deceased human body is a cemetery, the
7        licensed funeral director and embalmer, or licensed
8        funeral director, who has been engaged to provide
9        funeral or embalming services shall remain at the
10        cemetery and personally witness the placement of the
11        human remains in their designated grave or the sealing
12        of the above ground depository, crypt, or urn. The
13        licensed funeral director or licensed funeral director
14        and embalmer may designate a licensed funeral director
15        and embalmer intern or representative of the funeral
16        home to be his or her witness to the placement of the
17        remains. If the cemetery authority, cemetery manager,
18        or any other agent of the cemetery takes any action
19        that prevents compliance with this paragraph (D), then
20        the funeral director and embalmer or funeral director
21        shall provide written notice to the Department within 5
22        business days after failing to comply. If the
23        Department receives this notice, then the Department
24        shall not take any disciplinary action against the
25        funeral director and embalmer or funeral director for a
26        violation of this paragraph (D) unless the Department

 

 

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1        finds that the cemetery authority, manager, or any
2        other agent of the cemetery did not prevent the funeral
3        director and embalmer or funeral director from
4        complying with this paragraph (D) as claimed in the
5        written notice.
6            (E) A funeral director or funeral director and
7        embalmer shall fully complete the portion of the
8        Certificate of Death under the responsibility of the
9        funeral director or funeral director and embalmer and
10        provide all required information. In the event that any
11        reported information subsequently changes or proves
12        incorrect, a funeral director or funeral director and
13        embalmer shall immediately upon learning the correct
14        information correct the Certificate of Death.
15        (37) A finding by the Department that the license,
16    after having his or her license placed on probationary
17    status or subjected to conditions or restrictions,
18    violated the terms of the probation or failed to comply
19    with such terms or conditions.
20        (38) (Blank). Violation of any final administrative
21    action of the Secretary.
22        (39) Being named as a perpetrator in an indicated
23    report by the Department of Children and Family Services
24    pursuant to the Abused and Neglected Child Reporting Act
25    and, upon proof by clear and convincing evidence, being
26    found to have caused a child to be an abused child or

 

 

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1    neglected child as defined in the Abused and Neglected
2    Child Reporting Act.
3        (40) Habitual or excessive use or abuse of drugs
4    defined in law as controlled substances, alcohol, or any
5    other substance which results in the inability to practice
6    with reasonable judgment, skill, or safety.
7        (41) Practicing under a false or, except as provided by
8    law, an assumed name.
9        (42) Cheating on or attempting to subvert the licensing
10    examination administered under this Code.
11    (c) The Department may refuse to issue or renew, or may
12suspend without a hearing, as provided for in the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois, the license of any person who fails to file a return,
15to pay the tax, penalty or interest shown in a filed return, or
16to pay any final assessment of tax, penalty or interest as
17required by any tax Act administered by the Illinois Department
18of Revenue, until the time as the requirements of the tax Act
19are satisfied in accordance with subsection (g) of Section
202105-15 of the Department of Professional Regulation Law of the
21Civil Administrative Code of Illinois.
22    (d) No action may be taken under this Code against a person
23licensed under this Code unless the action is commenced within
245 years after the occurrence of the alleged violations. A
25continuing violation shall be deemed to have occurred on the
26date when the circumstances last existed that give rise to the

 

 

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1alleged violation.
2    (e) Nothing in this Section shall be construed or enforced
3to give a funeral director and embalmer, or his or her
4designees, authority over the operation of a cemetery or over
5cemetery employees. Nothing in this Section shall be construed
6or enforced to impose duties or penalties on cemeteries with
7respect to the timing of the placement of human remains in
8their designated grave or the sealing of the above ground
9depository, crypt, or urn due to patron safety, the allocation
10of cemetery staffing, liability insurance, a collective
11bargaining agreement, or other such reasons.
12    (f) All fines imposed under this Section shall be paid 60
13days after the effective date of the order imposing the fine.
14    (g) The Department shall deny a license or renewal
15authorized by this Code to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with item (5) of subsection
19(g) of Section 2105-15 of the Department of Professional
20Regulation Law of the Civil Administrative Code of Illinois.
21    (h) In cases where the Department of Healthcare and Family
22Services has previously determined a licensee or a potential
23licensee is more than 30 days delinquent in the payment of
24child support and has subsequently certified the delinquency to
25the Department, the Department may refuse to issue or renew or
26may revoke or suspend that person's license or may take other

 

 

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1disciplinary action against that person based solely upon the
2certification of delinquency made by the Department of
3Healthcare and Family Services in accordance with item (5) of
4subsection (g) of Section 1205-15 of the Department of
5Professional Regulation Law of the Civil Administrative Code of
6Illinois.
7    (i) A person not licensed under this Code who is an owner
8of a funeral establishment or funeral business shall not aid,
9abet, assist, procure, advise, employ, or contract with any
10unlicensed person to offer funeral services or aid, abet,
11assist, or direct any licensed person contrary to or in
12violation of any rules or provisions of this Code. A person
13violating this subsection shall be treated as a licensee for
14the purposes of disciplinary action under this Section and
15shall be subject to cease and desist orders as provided in this
16Code, the imposition of a fine up to $10,000 for each violation
17and any other penalty provided by law.
18    (j) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code, as amended, operates as an automatic suspension. The
22suspension may end only upon a finding by a court that the
23licensee is no longer subject to the involuntary admission or
24judicial admission and issues an order so finding and
25discharging the licensee, and upon the recommendation of the
26Board to the Secretary that the licensee be allowed to resume

 

 

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1his or her practice.
2    (k) In enforcing this Code, the Department, upon a showing
3of a possible violation, may compel an individual licensed to
4practice under this Code, or who has applied for licensure
5under this Code, to submit to a mental or physical examination,
6or both, as required by and at the expense of the Department.
7The Department may order the examining physician to present
8testimony concerning the mental or physical examination of the
9licensee or applicant. No information shall be excluded by
10reason of any common law or statutory privilege relating to
11communications between the licensee or applicant and the
12examining physician. The examining physician shall be
13specifically designated by the Department. The individual to be
14examined may have, at his or her own expense, another physician
15of his or her choice present during all aspects of this
16examination. The examination shall be performed by a physician
17licensed to practice medicine in all its branches. Failure of
18an individual to submit to a mental or physical examination,
19when directed, shall result in an automatic suspension without
20hearing.
21    A person holding a license under this Code or who has
22applied for a license under this Code who, because of a
23physical or mental illness or disability, including, but not
24limited to, deterioration through the aging process or loss of
25motor skill, is unable to practice the profession with
26reasonable judgment, skill, or safety, may be required by the

 

 

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1Department to submit to care, counseling, or treatment by
2physicians approved or designated by the Department as a
3condition, term, or restriction for continued, reinstated, or
4renewed licensure to practice. Submission to care, counseling,
5or treatment as required by the Department shall not be
6considered discipline of a license. If the licensee refuses to
7enter into a care, counseling, or treatment agreement or fails
8to abide by the terms of the agreement, the Department may file
9a complaint to revoke, suspend, or otherwise discipline the
10license of the individual. The Secretary may order the license
11suspended immediately, pending a hearing by the Department.
12Fines shall not be assessed in disciplinary actions involving
13physical or mental illness or impairment.
14    In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that person's
16license must be convened by the Department within 15 days after
17the suspension and completed without appreciable delay. The
18Department shall have the authority to review the subject
19individual's record of treatment and counseling regarding the
20impairment to the extent permitted by applicable federal
21statutes and regulations safeguarding the confidentiality of
22medical records.
23    An individual licensed under this Code and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department that he or she can resume practice in compliance
26with acceptable and prevailing standards under the provisions

 

 

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1of his or her license.
2(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.)
 
3    (225 ILCS 41/15-76)
4    (Section scheduled to be repealed on January 1, 2013)
5    Sec. 15-76. Vehicle traffic control. A funeral director
6licensee or funeral director and embalmer licensee planning an
7a interment, inurnment, or entombment at a cemetery shall use
8his or her its reasonable best efforts to ensure that funeral
9processions entering and exiting the cemetery grounds do not
10obstruct traffic on any street for a period in excess of 10
11minutes, except where such funeral procession is continuously
12moving or cannot be moved by reason of circumstances over which
13the licensee cemetery authority has no reasonable control. The
14funeral director licensee or funeral director and embalmer
15licensee arranging funeral processions to the cemetery shall
16use his or her its reasonable best efforts to help prevent
17multiple funeral processions from arriving at the cemetery
18simultaneously. Notwithstanding any provision of this Code Act
19to the contrary, any funeral director licensee or funeral
20director and embalmer licensee who violates the provisions of
21this Section shall be guilty of a business offense and receive
22punishable by a fine of not more than $500 for each offense.
23(Source: P.A. 96-863, eff. 3-1-10.)
 
24    (225 ILCS 41/15-77)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 15-77. Method of payment, receipt. No licensee shall
3require payment for any goods or services by cash only.
4Licensees Each licensee subject to this Section shall permit
5payment by at least one other option, including, but not
6limited to, personal check, cashier's check, money order, or
7credit or debit card. In addition to the statement of services,
8the licensee shall provide a receipt to the consumer upon
9payment in part or in full, whatever the case may be.
10(Source: P.A. 96-1463, eff. 1-1-11.)
 
11    (225 ILCS 41/15-80)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 15-80. Statement of place of practice; roster. Each
14applicant for a funeral director and embalmer's license shall
15with his or her application submit a statement of the place of
16practice, ownership, names and license numbers of all funeral
17directors and embalmers and funeral directors associated with
18the applicant.
19    The Department shall maintain a roster of names and
20addresses of all persons who hold valid licenses and all
21persons whose licenses have been suspended or revoked within
22the previous year. This roster shall be available upon request
23and payment of the required fee. The Department shall keep a
24record, which shall be open to public inspection at all
25reasonable times, of its proceedings relating to the issuance,

 

 

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1refusal, renewal, suspension and revocation of licenses. This
2record shall also contain the name, known place of practice and
3residence, and the date and number of the license of every
4licensed funeral director and embalmer, licensed funeral
5director, and licensed funeral director and embalmer intern in
6this State.
7    The Department shall publish an annual list of the names
8and addresses of all licensees registered by it under the
9provisions of this Code, and of all persons whose licenses have
10been suspended or revoked within the past year, together with
11other information relative to the enforcement of the provisions
12of this Code as it may deem of interest to the public. One list
13shall be mailed to each local registrar of vital statistics
14upon request by the registrar. Lists shall also be mailed by
15the Department to any person in the State upon request.
16(Source: P.A. 93-268, eff. 1-1-04.)
 
17    (225 ILCS 41/15-85)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 15-85. Duties of public institution; regulation by
20local government. No provision of this Code shall apply to, or
21in any way interfere with, the duties of any officer of any
22public institution; nor with the duties of any officer of a
23medical college, county medical society, anatomical
24association, college of embalming, or any other recognized
25person carrying out the laws of the State of Illinois

 

 

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1prescribing the conditions under which indigent dead human
2bodies are held subject for scientific or anatomical study; nor
3with the customs or rites of any religious sect in the funeral
4and burial of their dead.
5(Source: P.A. 96-1463, eff. 1-1-11.)
 
6    (225 ILCS 41/15-91)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 15-91. Denial of license. If the Department determines
9that an application for licensure should be denied pursuant to
10Section 15-75, then the applicant shall be sent a notice of
11intent to deny license or exemption from licensure and the
12applicant shall be given the opportunity to request, within 20
13days of the notice, a hearing on the denial. If the applicant
14requests a hearing, then the Secretary shall schedule a hearing
15within 30 days after the request for a hearing, unless
16otherwise agreed to by the parties. The Secretary shall have
17the authority to appoint an attorney duly licensed to practice
18law in the State of Illinois to serve as the hearing officer.
19The hearing officer shall have full authority to conduct the
20hearing. The hearing shall be held at the time and place
21designated by the Secretary. The Secretary shall have the
22authority to prescribe rules for the administration of this
23Section.
24(Source: P.A. 96-1463, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 41/15-115 new)
2    Sec. 15-115. Confidentiality. All information collected
3by the Department in the course of an examination or
4investigation of a licensee or applicant, including, but not
5limited to, any complaint against a licensee filed with the
6Department and information collected to investigate any such
7complaint, shall be maintained for the confidential use of the
8Department and shall not be disclosed. The Department shall not
9disclose the information to anyone other than law enforcement
10officials, regulatory agencies that have an appropriate
11regulatory interest as determined by the Secretary, or a party
12presenting a lawful subpoena to the Department. Information and
13documents disclosed to a federal, State, county, or local law
14enforcement agency shall not be disclosed by the agency for any
15purpose to any other agency or person. A formal complaint filed
16against a licensee by the Department or any order issued by the
17Department against a licensee or applicant shall be a public
18record, except as otherwise prohibited by law.
 
19    (225 ILCS 41/20-15)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 20-15. Home rule. The regulation and licensing
22provided for in this Code are exclusive powers and functions of
23the State. A home rule unit may not regulate or license funeral
24directors, funeral director and embalmers, customer service
25employees, or any activities relating to the services of

 

 

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1funeral directing and embalming. This Section is a denial and
2limitation of home rule powers and functions under subsection
3(h) of Section 6 of Article VII of the Illinois Constitution.
4(Source: P.A. 96-1463, eff. 1-1-11.)
 
5    (225 ILCS 41/10-40 rep.)
6    (225 ILCS 41/15-71 rep.)
7    (225 ILCS 41/15-110 rep.)
8    Section 10. The Funeral Directors and Embalmers Licensing
9Code is amended by repealing Sections 10-40, 15-71, and 15-110.
 
10    Section 15. The Cemetery Oversight Act is amended by
11changing Section 25-75 as follows:
 
12    (225 ILCS 411/25-75)
13    (Section scheduled to be repealed on January 1, 2021)
14    Sec. 25-75. Cemetery Relief Fund.
15    (a) A special income-earning fund is hereby created in the
16State treasury, known as the Cemetery Relief Fund.
17    (b) Beginning on July 1, 2011, and occurring on an annual
18basis every year thereafter, three percent of the moneys in the
19Cemetery Oversight Licensing and Disciplinary Fund shall be
20transferred deposited into the Cemetery Relief Fund.
21    (c) All monies transferred deposited into the fund together
22with all accumulated undistributed income thereon shall be held
23as a special fund in the State treasury. The fund shall be used

 

 

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1solely for the purpose of providing grants to units of local
2government and not-for-profit organizations, including, but
3not limited to, not-for-profit cemetery authorities, to clean
4up cemeteries that have been abandoned, neglected, or are
5otherwise in need of additional care.
6    (d) The grant program shall be administered by the
7Department.
8    (e) In the event there is a structural surplus in the
9Cemetery Oversight Licensing and Disciplinary Fund, the
10Department may expend moneys out of the Cemetery Oversight
11Licensing and Disciplinary Fund for the purposes described in
12subsection (c) of this Section.
13(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.