Illinois General Assembly - Full Text of HB4666
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Full Text of HB4666  102nd General Assembly

HB4666 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4666

 

Introduced 1/21/2022, by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Provides that the Funeral Directors and Embalmers Licensing Code is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Funeral Directors and Embalmers Licensing Code. Defines "email address of record". Removes a provision providing the Department of Financial and Professional Regulation shall maintain rosters of the licensees and those whose licenses were suspended, revoked, denied renewal, or otherwise disciplined. Provides that licensees shall provide a valid email address to the Department and inform of any change of the email address. Removes a provision that provides that licensees who have not engaged in the practice of funeral directing for at least 40 years by January 1, 2016 shall not receive the continuing education exemption after that date. Provides the Department shall determine an inactive licensee's fitness to resume active status and may require successful completion of a practical examination or any other method the Department deems appropriate. Provides that the licensee is authorized to effect a final disposition of unclaimed cremated remains if no person lawfully entitled to the custody of the remains makes or has made a proper request for them within 60 days (instead of 1 year) of the date of death of the cremated person. Allows licenses to be applied for electronically. Allows the written notice of proceedings to be served by email. Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at specified hearings. Includes additional factors that the Funeral Directors and Embalmers Licensing and Disciplinary Board may take into consideration in making recommendations for any disciplinary action. Provides that any person who practices, offers to practice, attempts to practice, or holds one's self out as a funeral director, embalmer, or embalmer intern without being licensed shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense. Repeals provisions concerning Social Security Numbers on license applications; consent orders; and conflicts of interest. Makes other changes. Sections 5 and 99 are effective immediately.


LRB102 24163 AMQ 33389 b

 

 

A BILL FOR

 

HB4666LRB102 24163 AMQ 33389 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:

 

 

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1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Funeral Directors and Embalmers Licensing Code.
4    The Home Medical Equipment and Services Provider License
5Act.
6    The Illinois Petroleum Education and Marketing Act.
7    The Illinois Speech-Language Pathology and Audiology
8Practice Act.
9    The Interpreter for the Deaf Licensure Act of 2007.
10    The Nurse Practice Act.
11    The Nursing Home Administrators Licensing and Disciplinary
12Act.
13    The Physician Assistant Practice Act of 1987.
14    The Podiatric Medical Practice Act of 1987.
15(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
16100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
178-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
19    Section 10. The Funeral Directors and Embalmers Licensing
20Code is amended by changing Sections 1-10, 1-15, 1-30, 5-7,
215-10, 5-15, 5-18, 5-20, 10-7, 10-20, 10-30, 10-43, 15-10,
2215-15, 15-18, 15-20, 15-21, 15-22, 15-30, 15-40, 15-41, 15-65,
2315-75, 15-80, and 15-91 as follows:
 
24    (225 ILCS 41/1-10)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 1-10. Definitions. As used in this Code:
3    "Address of record" means the designated address recorded
4by the Department in the applicant's or licensee's application
5file or license file. It is the duty of the applicant or
6licensee to inform the Department of any changes of address
7and those changes must be made either through the Department's
8website or by contacting the Department.
9    "Applicant" means any person making application for a
10license. Any applicants or people who hold themselves out as
11applicants are considered licensees for purposes of
12enforcement, investigation, hearings, and the Illinois
13Administrative Procedure Act.
14    "Board" means the Funeral Directors and Embalmers
15Licensing and Disciplinary Board.
16    "Certificate of Death" means a certificate of death as
17referenced in the Illinois Vital Records Act.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Email address of record" means the designated email
21address recorded by the Department in the applicant's
22application file or the licensee's license file as maintained
23by the Department's licensure maintenance unit.
24    "Funeral director and embalmer" means a person who is
25licensed and qualified to practice funeral directing and to
26prepare, disinfect and preserve dead human bodies by the

 

 

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

 

 

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1    "Licensee" means a person licensed under this Code as a
2funeral director, funeral director and embalmer, or funeral
3director and embalmer intern. Anyone who holds himself or
4herself out as a licensee or who is accused of unlicensed
5practice is considered a licensee for purposes of enforcement,
6investigation, hearings, and the Illinois Administrative
7Procedure Act.
8    "Owner" means the individual, partnership, corporation,
9limited liability company, association, trust, estate, or
10agent thereof, or other person or combination of persons who
11owns a funeral establishment or funeral business.
12    "Person" means any individual, partnership, association,
13firm, corporation, limited liability company, trust or estate,
14or other entity. "Person" includes both natural persons and
15legal entities.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation.
18(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11;
1997-1130, eff. 8-28-12.)
 
20    (225 ILCS 41/1-15)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 1-15. Funeral directing; definition. Conducting or
23engaging in or representing or holding out oneself as
24conducting or engaging engaged in any one or any combination
25of the following practices constitutes the practice of funeral

 

 

HB4666- 6 -LRB102 24163 AMQ 33389 b

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

 

 

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

 

 

HB4666- 8 -LRB102 24163 AMQ 33389 b

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

 

 

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1directors and embalmers. Licensed funeral director and
2embalmer interns may, however, assist or participate in the
3arrangements under the direct supervision of a licensed
4funeral director or licensed funeral director and embalmer.
5(Source: P.A. 97-1130, eff. 8-28-12; 98-432, eff. 1-1-14.)
 
6    (225 ILCS 41/1-30)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 1-30. Powers of the Department. Subject to the
9provisions of this Code, the Department may exercise the
10following powers:
11        (1) To authorize examinations to ascertain the
12    qualifications and fitness of applicants for licensing as
13    a licensed funeral director and embalmer and pass upon the
14    qualifications of applicants for licensure.
15        (2) To examine the records of a licensed funeral
16    director or licensed funeral director and embalmer from
17    any year or any other aspect of funeral directing and
18    embalming as the Department deems appropriate.
19        (3) To investigate any and all funeral directing and
20    embalming activity.
21        (4) To conduct hearings on proceedings to refuse to
22    issue or renew licenses or to revoke, suspend, place on
23    probation, reprimand, or otherwise discipline a license
24    under this Code or take other non-disciplinary action.
25        (5) To adopt all necessary and reasonable rules and

 

 

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1    regulations for the effective administration of this Code.
2        (6) To prescribe forms to be issued for the
3    administration and enforcement of this Code.
4        (7) (Blank). To maintain rosters of the names and
5    addresses of all licensees and all persons whose licenses
6    have been suspended, revoked, denied renewal, or otherwise
7    disciplined within the previous calendar year. These
8    rosters shall be available upon written request and
9    payment of the required fee as established by rule.
10        (8) To contract with third parties for services
11    necessary for the proper administration of this Code
12    including, without limitation, investigators with the
13    proper knowledge, training, and skills to properly inspect
14    funeral homes and investigate complaints under this Code.
15(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
16    (225 ILCS 41/5-7)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 5-7. Address of record; email address of record. All
19applicants and licensees shall:
20        (1) provide a valid address and email address to the
21    Department, which shall serve as the address of record and
22    email address of record, respectively, at the time of
23    application for licensure or renewal or restoration of a
24    license; and
25         (2) It is the duty of the applicant or licensee to

 

 

HB4666- 11 -LRB102 24163 AMQ 33389 b

1    inform the Department of any change of address within 14
2    days after the change of address of record or email
3    address of record, either through the Department's website
4    or by contacting the Department's licensure maintenance
5    unit.
6(Source: P.A. 96-1463, eff. 1-1-11.)
 
7    (225 ILCS 41/5-10)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 5-10. Funeral director license; display. Every holder
10of a license as a funeral director shall display it, or a copy,
11in a conspicuous place in the licensee's place of practice or
12in the place of practice in which the licensee is employed or
13contracted. If the licensee is engaged in funeral directing at
14more than one place of practice, then in the licensee's
15principal place of practice or the principal place of practice
16of the licensee's employer and a copy of the license shall be
17displayed in a conspicuous place at all other places of
18practice. Every displayed license shall have the license
19number visible.
20(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
21    (225 ILCS 41/5-15)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 5-15. Renewal; reinstatement; restoration. The
24expiration date and renewal period for each license issued

 

 

HB4666- 12 -LRB102 24163 AMQ 33389 b

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

 

 

HB4666- 13 -LRB102 24163 AMQ 33389 b

1    In addition to any other requirement for renewal of a
2license or reinstatement or restoration of an expired license,
3as a condition for the renewal, reinstatement, or restoration
4of a license as a licensed funeral director, each licensee
5shall provide evidence to the Department of completion of at
6least 12 hours of continuing education during the 24 months
7preceding the expiration date of the license, or in the case of
8reinstatement or restoration, during the 24 months preceding
9application for reinstatement or restoration. The continuing
10education sponsors shall be approved by the Board. In
11addition, any qualified continuing education course for
12funeral directors offered by a college, university, the
13Illinois Funeral Directors Association, Funeral Directors
14Services Association of Greater Chicago, Cook County
15Association of Funeral Home Owners, Inc., Illinois Selected
16Morticians Association, Inc., Illinois Cemetery and Funeral
17Home Association, National Funeral Directors Association,
18Selected Independent Funeral Homes, National Funeral Directors
19and Morticians Association, Inc., International Order of the
20Golden Rule, or an Illinois school of mortuary science shall
21be accepted toward satisfaction of the continuing education
22requirements.
23    The Department shall establish by rule a means for
24verification of completion of the continuing education
25required by this Section. This verification may be
26accomplished through audits of records maintained by

 

 

HB4666- 14 -LRB102 24163 AMQ 33389 b

1licensees, by requiring the filing of continued education
2certificates with the Department or a qualified organization
3selected by the Department to maintain these records, or by
4other means established by the Department.
5    Except as otherwise provided in this paragraph, a person
6who is licensed as a funeral director under this Code and who
7has engaged in the practice of funeral directing for at least
840 years shall be exempt from the continuing education
9requirements of this Section. Licensees who have not engaged
10in the practice of funeral directing for at least 40 years by
11January 1, 2016 shall not receive this exemption after that
12date. In addition, the Department shall establish by rule an
13exemption or exception, for a limited period of time, for
14funeral directors who, by reason of advanced age, health or
15other extreme condition should reasonably be excused from the
16continuing education requirement upon the approval of the
17Secretary. Those persons, identified above, who cannot attend
18on-site classes, shall have the opportunity to comply by
19completing home study courses designed for them by sponsors.
20(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
21    (225 ILCS 41/5-18)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 5-18. Inactive status.
24    (a) Any funeral director who notifies the Department in
25writing on forms prescribed by the Department may elect to

 

 

HB4666- 15 -LRB102 24163 AMQ 33389 b

1place his or her license on an inactive status and shall,
2subject to rules of the Department, be excused from payment of
3renewal fees and completion of continuing education
4requirements until he or she notifies the Department in
5writing of an intent to restore or reinstate the license to
6active status.
7    (b) Any licensee who has permitted his or her license to
8expire or who has had his or her license on inactive status may
9have the license restored by making application to the
10Department, by filing proof acceptable to the Department of
11his or her fitness to have the license restored, and by paying
12the required fees. Proof of fitness may include sworn evidence
13certifying to active lawful practice in another jurisdiction.
14If the licensee has not maintained an active practice in
15another jurisdiction satisfactory to the Department, then the
16Department shall determine the licensee's fitness to resume
17active status and may require successful completion of a
18practical examination or any other method it deems
19appropriate, including, but not limited to, those established
20by rule by an evaluation program, established by rule, his or
21her fitness for restoration of the license and shall establish
22procedures and requirements for restoration. Any licensee
23whose license is on inactive status shall not practice in the
24State.
25    (c) Any licensee whose license is on inactive status or in
26a non-renewed status shall not engage in the practice of

 

 

HB4666- 16 -LRB102 24163 AMQ 33389 b

1funeral directing in the State or use the title or advertise
2that he or she performs the services of a licensed funeral
3director. Any person violating this Section shall be
4considered to be practicing without a license and shall be
5subject to the disciplinary provisions of this Code.
6(Source: P.A. 97-1130, eff. 8-28-12.)
 
7    (225 ILCS 41/5-20)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 5-20. Disposition of unclaimed cremated remains. The
10holder of a license is authorized at his or her discretion to
11effect a final disposition of the unclaimed cremated remains
12of any cremated human body if no person lawfully entitled to
13the custody of the remains ashes makes or has made a proper
14request for them within 60 days one year of the date of death
15of the person whose body was cremated.
16(Source: P.A. 97-1130, eff. 8-28-12.)
 
17    (225 ILCS 41/10-7)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 10-7. Address of record; email address of record. All
20applicants and licensees shall:
21        (1) provide a valid address and email address to the
22    Department, which shall serve as the address of record and
23    email address of record, respectively, at the time of
24    application for licensure or renewal or restoration of a

 

 

HB4666- 17 -LRB102 24163 AMQ 33389 b

1    license; and
2         (2) It is the duty of the applicant or licensee to
3    inform the Department of any change of address within 14
4    days after the change of address of record or email
5    address of record, either through the Department's website
6    or by contacting the Department's licensure maintenance
7    unit.
8(Source: P.A. 96-1463, eff. 1-1-11.)
 
9    (225 ILCS 41/10-20)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 10-20. Application. Every person who desires to
12obtain a license under this Code shall apply to the Department
13in writing on forms or electronically as prescribed prepared
14and furnished by the Department. The application shall contain
15proof of the particular qualifications required of the
16applicant, shall be certified by the applicant, and shall be
17accompanied by the required fee that shall not be refundable.
18Applicants have 3 years after the date of application to
19complete the application process. If the process has not been
20completed in 3 years, then the application shall be denied,
21the fee shall be forfeited, and the applicant must reapply and
22meet the requirements in effect at the time of reapplication.
23(Source: P.A. 97-1130, eff. 8-28-12.)
 
24    (225 ILCS 41/10-30)

 

 

HB4666- 18 -LRB102 24163 AMQ 33389 b

1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 10-30. Issuance, display of license. Whenever an
3applicant has met the requirements of this Code, the
4Department may shall issue to the applicant a license as a
5licensed funeral director and embalmer or licensed funeral
6director and embalmer intern, as the case may be.
7    Every holder of a license shall display it in a
8conspicuous place in the licensee's place of practice or in
9the place of practice in which the licensee is employed or
10contracted. If the licensee is engaged in funeral directing
11and embalming at more than one place of practice, then the
12license shall be displayed in the licensee's principal place
13of practice or the principal place of practice of the
14licensee's employer and a copy of the license shall be
15displayed in a conspicuous place at all other places of
16practice. Every displayed license shall have the license
17number visible.
18(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
19    (225 ILCS 41/10-43)
20    (Section scheduled to be repealed on January 1, 2023)
21    Sec. 10-43. Endorsement. The Department may issue a
22funeral director and embalmer license, without the required
23examination, to an applicant licensed by another state,
24territory, possession of the United States, or the District of
25Columbia, if (i) the licensing requirements of that licensing

 

 

HB4666- 19 -LRB102 24163 AMQ 33389 b

1authority are, on the date of licensure, substantially
2equivalent equal to the requirements set forth under this Code
3and (ii) the applicant provides the Department with evidence
4of good standing from the licensing authority of that
5jurisdiction. An applicant under this Section shall pay all of
6the required fees.
7(Source: P.A. 97-1130, eff. 8-28-12.)
 
8    (225 ILCS 41/15-10)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 15-10. Administrative Procedure Act. The Illinois
11Administrative Procedure Act is hereby expressly adopted and
12incorporated into this Code as if all of the provisions of that
13Act were included in this Code, except that the provision of
14subsection (d) of Section 10-65 of the Illinois Administrative
15Procedure Act that provides that at hearings the licensee has
16the right to show compliance with all lawful requirements for
17retention, continuation or renewal of the license is
18specifically excluded. For the purposes of this Code the
19notice required under Section 10-25 of the Illinois
20Administrative Procedure Act is deemed sufficient when mailed
21to the address of record or when emailed to the email address
22of record.
23(Source: P.A. 96-1463, eff. 1-1-11.)
 
24    (225 ILCS 41/15-15)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 15-15. Complaints; investigations; hearings. The
3Department may investigate the actions of any applicant or of
4any person or persons rendering or offering to render services
5or any person holding or claiming to hold a license under this
6Code.
7    The Department shall, before refusing to issue or renew a
8license or seeking to discipline a licensee under Section
915-75 75, at least 30 days before the date set for the hearing,
10(i) notify the accused in writing of the charges made and the
11time and place for the hearing on the charges, (ii) direct him
12or her to file a written answer to the charges under oath
13within 20 days after service, and (iii) inform the applicant
14or licensee that failure to answer shall result in a default
15being entered against the applicant or licensee.
16    At the time and place fixed in the notice, the Board or the
17hearing officer appointed by the Secretary shall proceed to
18hear the charges and the parties or their counsel shall be
19accorded ample opportunity to present any pertinent
20statements, testimony, evidence, and arguments. The Board or
21hearing officer may continue the hearing from time to time. In
22case the person, after receiving the notice, fails to file an
23answer, his or her license may, in the discretion of the
24Secretary, having first received the recommendation of the
25Board, be suspended, revoked, or placed on probationary
26status, or be subject to whatever disciplinary action the

 

 

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1Secretary considers proper, including limiting the scope,
2nature, or extent of the person's practice or the imposition
3of a fine, without a hearing, if the act or acts charged
4constitute sufficient grounds for that action under this Code.
5The written notice and any notice in the subsequent proceeding
6may be served by regular or certified mail or email to the
7licensee's address of record.
8(Source: P.A. 96-48, eff. 7-17-09; 96-1463, eff. 1-1-11;
997-1130, eff. 8-28-12.)
 
10    (225 ILCS 41/15-18)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 15-18. Temporary suspension. The Secretary may
13temporarily suspend the license of a licensee without a
14hearing, simultaneously with the institution of proceedings
15for a hearing provided in Section 15-15 of this Code, if the
16Secretary finds that the public interest, safety, or welfare
17requires such emergency action. In the event that the
18Secretary temporarily suspends a license without a hearing
19before the Board or a duly appointed hearing officer, a
20hearing shall be held within 30 days after the suspension has
21occurred. The suspended licensee may seek a continuance of the
22hearing, during which time the suspension shall remain in
23effect. The proceeding shall be concluded without appreciable
24delay. If the Department does not hold a hearing within 30 days
25after the date of the suspension, unless continued at the

 

 

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1request of the suspended licensee, then the licensee's license
2shall be automatically reinstated.
3(Source: P.A. 97-1130, eff. 8-28-12.)
 
4    (225 ILCS 41/15-20)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 15-20. Transcript; record of proceedings.
7    (a) The Department, at its expense, shall provide a
8certified shorthand reporter to take down the testimony and
9preserve a record of all proceedings at the hearing of any case
10in which a licensee may be revoked, suspended, placed on
11probationary status, reprimanded, fined, or subjected to other
12disciplinary action with reference to the license when a
13disciplinary action is authorized under this Act and rules.
14The notice of hearing, complaint, and all other documents in
15the nature of pleadings and written portions filed in the
16proceedings, the transcript of the testimony, the report of
17the hearing officer, and the orders of the Department shall be
18the records of the proceedings. The record may be made
19available to any person interested in the hearing upon payment
20of the fee required by Section 2105-115 of the Department of
21Professional Regulation Law of the Civil Administrative Code
22of Illinois preserve a record of all proceedings at the formal
23hearing of any case. The notice of hearing, complaint and all
24other documents in the nature of pleadings and written motions
25filed in the proceedings, the transcript of testimony, the

 

 

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1report of the Board or hearing officer, and the orders of the
2Department shall be the record of the proceedings.
3    (b) The Department may contract for court reporting
4services, and, if it does so, the Department shall provide the
5name and contact information for the certified shorthand
6reporter who transcribed the testimony at a hearing to any
7person interested, who may obtain a copy of the transcript of
8any proceedings at a hearing upon payment of the fee specified
9by the certified shorthand reporter.
10(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
11    (225 ILCS 41/15-21)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 15-21. Findings and recommendations. At the
14conclusion of the hearing, the Board or hearing officer shall
15present to the Secretary a written report of its findings of
16fact, conclusions of law, and recommendations. The report
17shall contain a finding of whether or not the accused person
18violated this Code or its rules or failed to comply with the
19conditions required in this Code or its rules. The Board shall
20specify the nature of any violations or failure to comply and
21shall make its recommendations to the Secretary. In making
22recommendations for any disciplinary action, the Board may
23take into consideration all facts and circumstances including,
24but not limited to: the seriousness of the offenses; the
25presence of multiple offenses; prior disciplinary history or

 

 

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1the lack thereof, including actions taken by other agencies in
2this State, by other states or jurisdictions, hospitals,
3health care facilities, residency programs, employers, or
4professional liability insurance companies or any of the armed
5forces of the United States or any state; the impact of the
6offenses on any injured party; the vulnerability of any
7injured party, including, but not limited to, consideration of
8the injured party's age, disability, or mental illness; motive
9for the offense; contrition or lack thereof for the offense;
10financial gain as a result of committing the offenses;
11cooperation or lack thereof with the Department or other
12investigative authorities; restitution to injured parties;
13whether the conduct was self-reported; and any voluntary
14remedial actions taken bearing upon the reasonableness of the
15conduct of the accused and the potential for future harm to the
16public, including, but not limited to, previous discipline of
17the accused by the Department, intent, degree of harm to the
18public and likelihood of harm in the future, any restitution
19made by the accused, and whether the incident or incidents
20contained in the complaint appear to be isolated or represent
21a continuing pattern of conduct. In making its recommendations
22for discipline, the Board shall endeavor to ensure that the
23severity of the discipline recommended is reasonably related
24to the severity of the violation.
25    The report of findings of fact, conclusions of law, and
26recommendation of the Board or hearing officer shall be the

 

 

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1basis for the Secretary's order refusing to issue, restore, or
2renew a license, or otherwise disciplining a licensee. If the
3Secretary disagrees with the recommendations of the Board or
4hearing officer, the Secretary may issue an order in
5contravention of the Board or hearing officer's
6recommendations. The finding is not admissible in evidence
7against the person in a criminal prosecution brought for a
8violation of this Code, but the hearing and finding are not a
9bar to a criminal prosecution brought for a violation of this
10Code.
11(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
12    (225 ILCS 41/15-22)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 15-22. Rehearing. At the conclusion of the hearing,
15a copy of the Board or hearing officer's report shall be served
16upon the applicant or licensee by the Department, either
17personally or as provided in this Code for the service of a
18notice of hearing. Within 20 calendar days after service, the
19applicant or licensee may present to the Department a motion
20in writing for a rehearing, which shall specify the particular
21grounds for rehearing. The Department may respond to the
22motion for rehearing within 20 calendar days after its service
23on the Department. If no motion for rehearing is filed, then
24upon the expiration of the time specified for filing such a
25motion, or if a motion for rehearing is denied, then upon

 

 

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1denial, the Secretary may enter an order in accordance with
2the recommendations of the Board or hearing officer. If the
3applicant or licensee orders from the reporting service and
4pays for a transcript of the record within the time for filing
5a motion for rehearing, the 20-day period within which a
6motion may be filed shall commence upon the delivery of the
7transcript to the applicant or licensee.
8    If the Secretary believes that substantial justice has not
9been done in the revocation, suspension, or refusal to issue,
10restore, or renew a license, or other discipline of an
11applicant or licensee, he or she may order a rehearing by the
12same or other hearing officers.
13(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
14    (225 ILCS 41/15-30)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 15-30. Unlicensed practice; violations; civil penalty
17Mental incompetence; suspension.
18    (a) Any person who practices, offers to practice, attempts
19to practice, or holds one's self out as a funeral director or a
20funeral director and embalmer or a funeral director and
21embalmer intern as provided in this Code without being
22licensed or exempt under this Code shall, in addition to any
23other penalty provided by law, pay a civil penalty to the
24Department in an amount not to exceed $10,000 for each
25offense, as determined by the Department. The civil penalty

 

 

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1shall be assessed by the Department after a hearing is held in
2accordance with Section 15-75.
3    (b) The Department may investigate any actual, alleged, or
4suspected unlicensed activity.
5    (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty.
7The order shall constitute a judgment and may be filed and
8execution had thereon in the same manner as any judgment from
9any court of record.
10    (d) A person or entity not licensed under this Code who has
11violated any provision of this Code or its rules is guilty of a
12Class A misdemeanor for the first offense and a Class 4 felony
13for a second and subsequent offenses.
14The entry of a judgment by any court of competent jurisdiction
15establishing the mental incompetence of any person holding a
16license under this Code operates as a suspension of that
17person's license. The person may resume his or her practice
18only upon a finding by a court of competent jurisdiction that
19the person has recovered mental capacity.
20(Source: P.A. 96-1463, eff. 1-1-11.)
 
21    (225 ILCS 41/15-40)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 15-40. Certification of record; receipt. The
24Department shall not be required to certify any record to the
25court, to file an answer in court, or otherwise to appear in

 

 

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1any court in a judicial review proceeding unless and until the
2Department has received from the plaintiff payment of the
3costs of furnishing and certifying the record, which costs
4shall be determined by the Department. Exhibits shall be
5certified without cost. Failure on the part of the Plaintiff
6to file a receipt in court is grounds for dismissal of the
7action.
8(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
9    (225 ILCS 41/15-41)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 15-41. Order or certified copy; prima facie proof. An
12order or certified copy thereof, over the seal of the
13Department and purporting to be signed by the Secretary, is
14prima facie proof that:
15        (1) the signature is the genuine signature of the
16    Secretary; and
17        (2) the Secretary is duly appointed and qualified;
18    and .
19        (3) the Board and the members of the Board are
20    qualified to act.
21(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
22    (225 ILCS 41/15-65)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 15-65. Fees. The Department shall provide by rule for

 

 

HB4666- 29 -LRB102 24163 AMQ 33389 b

1a schedule of fees for the administration and enforcement of
2this Code, including but not limited to, original licensure,
3renewal, and restoration. The fees shall be nonrefundable.
4    All fees, fines, and penalties collected under this Code
5shall be deposited into the General Professions Dedicated Fund
6and shall be appropriated to the Department for the ordinary
7and contingent expenses of the Department in the
8administration of this Code.
9(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
10    (225 ILCS 41/15-75)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 15-75. Grounds Violations; grounds for discipline;
13penalties.
14    (a) (Blank). Each of the following acts is a Class A
15misdemeanor for the first offense, and a Class 4 felony for
16each subsequent offense. These penalties shall also apply to
17unlicensed owners of funeral homes.
18        (1) Practicing the profession of funeral directing and
19    embalming or funeral directing, or attempting to practice
20    the profession of funeral directing and embalming or
21    funeral directing without a license as a funeral director
22    and embalmer or funeral director.
23        (2) Serving or attempting to serve as an intern under
24    a licensed funeral director and embalmer without a license
25    as a licensed funeral director and embalmer intern.

 

 

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1        (3) Obtaining or attempting to obtain a license,
2    practice or business, or any other thing of value, by
3    fraud or misrepresentation.
4        (4) Permitting any person in one's employ, under one's
5    control or in or under one's service to serve as a funeral
6    director and embalmer, funeral director, or funeral
7    director and embalmer intern when the person does not have
8    the appropriate license.
9        (5) Failing to display a license as required by this
10    Code.
11        (6) Giving false information or making a false oath or
12    affidavit required by this Code.
13    (b) The Department may refuse to issue or renew, revoke,
14suspend, place on probation or administrative supervision,
15reprimand, or take other disciplinary or non-disciplinary
16action as the Department may deem appropriate, including
17imposing fines not to exceed $10,000 for each violation, with
18regard to any license under the Code for any one or combination
19of the following:
20        (1) Fraud or any misrepresentation in applying for or
21    procuring a license under this Code or in connection with
22    applying for renewal of a license under this Code.
23        (2) For licenses, conviction by plea of guilty or nolo
24    contendere, finding of guilt, jury verdict, or entry of
25    judgment or by sentencing of any crime, including, but not
26    limited to, convictions, preceding sentences of

 

 

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1    supervision, conditional discharge, or first offender
2    probation, under the laws of any jurisdiction of the
3    United States: (i) that is a felony or (ii) that is a
4    misdemeanor, an essential element of which is dishonesty,
5    or that is directly related to the practice of the
6    profession and, for initial applicants, convictions set
7    forth in Section 15-72 of this Act.
8        (3) Violation of the laws of this State relating to
9    the funeral, burial or disposition of deceased human
10    bodies or of the rules and regulations of the Department,
11    or the Department of Public Health.
12        (4) Directly or indirectly paying or causing to be
13    paid any sum of money or other valuable consideration for
14    the securing of business or for obtaining authority to
15    dispose of any deceased human body.
16        (5) Professional incompetence, gross negligence,
17    malpractice, or untrustworthiness in the practice of
18    funeral directing and embalming or funeral directing.
19        (6) (Blank).
20        (7) Engaging in, promoting, selling, or issuing burial
21    contracts, burial certificates, or burial insurance
22    policies in connection with the profession as a funeral
23    director and embalmer, funeral director, or funeral
24    director and embalmer intern in violation of any laws of
25    the State of Illinois.
26        (8) Refusing, without cause, to surrender the custody

 

 

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1    of a deceased human body upon the proper request of the
2    person or persons lawfully entitled to the custody of the
3    body.
4        (9) Taking undue advantage of a client or clients as
5    to amount to the perpetration of fraud.
6        (10) Engaging in funeral directing and embalming or
7    funeral directing without a license.
8        (11) Encouraging, requesting, or suggesting by a
9    licensee or some person working on his behalf and with his
10    consent for compensation that a person utilize the
11    services of a certain funeral director and embalmer,
12    funeral director, or funeral establishment unless that
13    information has been expressly requested by the person.
14    This does not prohibit general advertising or pre-need
15    solicitation.
16        (12) Making or causing to be made any false or
17    misleading statements about the laws concerning the
18    disposition of human remains, including, but not limited
19    to, the need to embalm, the need for a casket for cremation
20    or the need for an outer burial container.
21        (13) (Blank).
22        (14) Embalming or attempting to embalm a deceased
23    human body without express prior authorization of the
24    person responsible for making the funeral arrangements for
25    the body. This does not apply to cases where embalming is
26    directed by local authorities who have jurisdiction or

 

 

HB4666- 33 -LRB102 24163 AMQ 33389 b

1    when embalming is required by State or local law. A
2    licensee may embalm without express prior authorization if
3    a good faith effort has been made to contact family
4    members and has been unsuccessful and the licensee has no
5    reason to believe the family opposes embalming.
6        (15) Making a false statement on a Certificate of
7    Death where the person making the statement knew or should
8    have known that the statement was false.
9        (16) Soliciting human bodies after death or while
10    death is imminent.
11        (17) Performing any act or practice that is a
12    violation of this Code, the rules for the administration
13    of this Code, or any federal, State or local laws, rules,
14    or regulations governing the practice of funeral directing
15    or embalming.
16        (18) Performing any act or practice that is a
17    violation of Section 2 of the Consumer Fraud and Deceptive
18    Business Practices Act.
19        (19) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud or harm the public.
22        (20) Taking possession of a dead human body without
23    having first obtained express permission from the person
24    holding the right to control the disposition in accordance
25    with Section 5 of the Disposition of Remains Act or a
26    public agency legally authorized to direct, control or

 

 

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

 

 

HB4666- 35 -LRB102 24163 AMQ 33389 b

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

 

 

HB4666- 36 -LRB102 24163 AMQ 33389 b

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
5    safety.
6        (36) Failing to comply with any of the following
7    required activities:
8            (A) When reasonably possible, a funeral director
9        licensee or funeral director and embalmer licensee or
10        anyone acting on his or her behalf shall obtain the
11        express authorization of the person or persons
12        responsible for making the funeral arrangements for a
13        deceased human body prior to removing a body from the
14        place of death or any place it may be or embalming or
15        attempting to embalm a deceased human body, unless
16        required by State or local law. This requirement is
17        waived whenever removal or embalming is directed by
18        local authorities who have jurisdiction. If the
19        responsibility for the handling of the remains
20        lawfully falls under the jurisdiction of a public
21        agency, then the regulations of the public agency
22        shall prevail.
23            (B) A licensee shall clearly mark the price of any
24        casket offered for sale or the price of any service
25        using the casket on or in the casket if the casket is
26        displayed at the funeral establishment. If the casket

 

 

HB4666- 37 -LRB102 24163 AMQ 33389 b

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

 

 

HB4666- 38 -LRB102 24163 AMQ 33389 b

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

 

 

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1        or any other agent of the cemetery did not prevent the
2        funeral director and embalmer or funeral director from
3        complying with this paragraph (D) as claimed in the
4        written notice.
5            (E) A funeral director or funeral director and
6        embalmer shall fully complete the portion of the
7        Certificate of Death under the responsibility of the
8        funeral director or funeral director and embalmer and
9        provide all required information. In the event that
10        any reported information subsequently changes or
11        proves incorrect, a funeral director or funeral
12        director and embalmer shall immediately upon learning
13        the correct information correct the Certificate of
14        Death.
15        (37) A finding by the Department that the licensee,
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).
21        (39) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    pursuant to the Abused and Neglected Child Reporting Act
24    and, upon proof by clear and convincing evidence, being
25    found to have caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

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1    Child Reporting Act.
2        (40) Habitual or excessive use or abuse of drugs
3    defined in law as controlled substances, alcohol, or any
4    other substance which results in the inability to practice
5    with reasonable judgment, skill, or safety.
6        (41) Practicing under a false or, except as provided
7    by law, an assumed name.
8        (42) Cheating on or attempting to subvert the
9    licensing examination administered under this Code.
10    (c) The Department may refuse to issue or renew or may
11suspend without a hearing, as provided for in the Department
12of Professional Regulation Law of the Civil Administrative
13Code of Illinois, the license of any person who fails to file a
14return, to pay the tax, penalty or interest shown in a filed
15return, or to pay any final assessment of tax, penalty or
16interest as required by any tax Act administered by the
17Illinois Department of Revenue, until the time as the
18requirements of the tax Act are satisfied in accordance with
19subsection (g) of Section 2105-15 of the Department of
20Professional Regulation Law of the Civil Administrative Code
21of 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) (Blank).
15    (h) In cases where the Department of Healthcare and Family
16Services has previously determined a licensee or a potential
17licensee is more than 30 days delinquent in the payment of
18child support and has subsequently certified the delinquency
19to the Department, the Department may refuse to issue or renew
20or may revoke or suspend that person's license or may take
21other disciplinary action against that person based solely
22upon the certification of delinquency made by the Department
23of Healthcare and Family Services in accordance with item (5)
24of subsection (a) of Section 2105-15 of the Department of
25Professional Regulation Law of the Civil Administrative Code
26of Illinois.

 

 

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1    (i) A person not licensed under this Code who is an owner
2of a funeral establishment or funeral business shall not aid,
3abet, assist, procure, advise, employ, or contract with any
4unlicensed person to offer funeral services or aid, abet,
5assist, or direct any licensed person contrary to or in
6violation of any rules or provisions of this Code. A person
7violating this subsection shall be treated as a licensee for
8the purposes of disciplinary action under this Section and
9shall be subject to cease and desist orders as provided in this
10Code, the imposition of a fine up to $10,000 for each violation
11and any other penalty provided by law.
12    (j) The determination by a circuit court that a licensee
13is subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code, as amended, operates as an automatic suspension. The
16suspension may end only upon a finding by a court that the
17licensee is no longer subject to the involuntary admission or
18judicial admission and issues an order so finding and
19discharging the licensee, and upon the recommendation of the
20Board to the Secretary that the licensee be allowed to resume
21his or her practice.
22    (k) In enforcing this Code, the Department, upon a showing
23of a possible violation, may compel an individual licensed to
24practice under this Code, or who has applied for licensure
25under this Code, to submit to a mental or physical
26examination, or both, as required by and at the expense of the

 

 

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

 

 

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1enter into a care, counseling, or treatment agreement or fails
2to abide by the terms of the agreement, the Department may file
3a complaint to revoke, suspend, or otherwise discipline the
4license of the individual. The Secretary may order the license
5suspended immediately, pending a hearing by the Department.
6Fines shall not be assessed in disciplinary actions involving
7physical or mental illness or impairment.
8    In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that
10person's license must be convened by the Department within 15
11days after the suspension and completed without appreciable
12delay. The Department shall have the authority to review the
13subject individual's record of treatment and counseling
14regarding the impairment to the extent permitted by applicable
15federal statutes and regulations safeguarding the
16confidentiality of medical records.
17    An individual licensed under this Code and affected under
18this Section shall be afforded an opportunity to demonstrate
19to the Department that he or she can resume practice in
20compliance with acceptable and prevailing standards under the
21provisions of his or her license.
22(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17;
23100-872, eff. 8-14-18.)
 
24    (225 ILCS 41/15-80)
25    (Section scheduled to be repealed on January 1, 2023)

 

 

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1    Sec. 15-80. Statement of place of practice; roster. Each
2applicant for a funeral director and embalmer's license shall
3with his or her application submit a statement of the place of
4practice, ownership, names and license numbers of all funeral
5directors and embalmers and funeral directors associated with
6the applicant.
7    The Department shall maintain a roster of names and
8addresses of all persons who hold valid licenses and all
9persons whose licenses have been suspended or revoked within
10the previous year. This roster shall be available upon request
11and payment of the required fee.
12(Source: P.A. 97-1130, eff. 8-28-12.)
 
13    (225 ILCS 41/15-91)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 15-91. Denial of license. If the Department
16determines that an application for licensure should be denied
17pursuant to Section 15-75, then the applicant shall be sent a
18notice of intent to deny license and the applicant shall be
19given the opportunity to request, within 20 days of the
20notice, a hearing on the denial. If the applicant requests a
21hearing, then the Secretary shall schedule a hearing within 30
22days after the request for a hearing, unless otherwise agreed
23to by the parties. The Secretary shall have the authority to
24appoint an attorney duly licensed to practice law in the State
25of Illinois to serve as the hearing officer. The hearing

 

 

HB4666- 46 -LRB102 24163 AMQ 33389 b

1officer shall have full authority to conduct the hearing. The
2hearing shall be held at the time and place designated by the
3Secretary. The Secretary shall have the authority to prescribe
4rules for the administration of this Section.
5(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 
6    (225 ILCS 41/10-22 rep.)
7    (225 ILCS 41/15-17 rep.)
8    (225 ILCS 41/15-100 rep.)
9    Section 15. The Funeral Directors and Embalmers Licensing
10Code is amended by repealing Sections 10-22, 15-17, and
1115-100.
 
12    Section 99. Effective date. This Section and Section 5
13take effect upon becoming law.

 

 

HB4666- 47 -LRB102 24163 AMQ 33389 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.33
4    5 ILCS 80/4.38
5    225 ILCS 41/1-10
6    225 ILCS 41/1-15
7    225 ILCS 41/1-30
8    225 ILCS 41/5-7
9    225 ILCS 41/5-10
10    225 ILCS 41/5-15
11    225 ILCS 41/5-18
12    225 ILCS 41/5-20
13    225 ILCS 41/10-7
14    225 ILCS 41/10-20
15    225 ILCS 41/10-30
16    225 ILCS 41/10-43
17    225 ILCS 41/15-10
18    225 ILCS 41/15-15
19    225 ILCS 41/15-18
20    225 ILCS 41/15-20
21    225 ILCS 41/15-21
22    225 ILCS 41/15-22
23    225 ILCS 41/15-30
24    225 ILCS 41/15-40
25    225 ILCS 41/15-41

 

 

HB4666- 48 -LRB102 24163 AMQ 33389 b

1    225 ILCS 41/15-65
2    225 ILCS 41/15-75
3    225 ILCS 41/15-80
4    225 ILCS 41/15-91
5    225 ILCS 41/10-22 rep.
6    225 ILCS 41/15-17 rep.
7    225 ILCS 41/15-100 rep.