HB3057 93rd General Assembly

093_HB3057

 
                                     LRB093 10073 AMC 10324 b

 1        AN ACT concerning professional regulation.

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

 4        Section 5.  The Funeral Directors and Embalmers Licensing
 5    Code is amended by changing Sections 1-10, 1-15, 1-20,  5-10,
 6    5-15,  5-25,  10-5,  10-10, 10-15, 10-30, 10-35, 10-40, 15-5,
 7    15-15, 15-55, 15-75, and 15-80 as follows:

 8        (225 ILCS 41/1-10)
 9        (Section scheduled to be repealed on January 1, 2013)
10        Sec. 1-10.  Definitions. As used in this Code:
11        "Applicant" means any person  making  application  for  a
12    license or certificate of registration.
13        "Board"   means   the  Funeral  Directors  and  Embalmers
14    Licensing and disciplinary Board.
15        "Department"  means  the   Department   of   Professional
16    Regulation.
17        "Director" means the Director of Professional Regulation.
18        "Funeral  director  and  embalmer"  means a person who is
19    licensed and qualified to practice funeral directing  and  to
20    prepare,  disinfect  and  preserve  dead  human bodies by the
21    injection   or   external   application    of    antiseptics,
22    disinfectants or preservative fluids and materials and to use
23    derma  surgery  or plastic art for the restoring of mutilated
24    features.  It further means a person who restores the remains
25    of a person for the purpose of funeralization whose organs or
26    bone or tissue has been donated for anatomical purposes.
27        "Funeral director and embalmer intern  trainee"  means  a
28    person  licensed  by  the  State  who  is qualified to render
29    assistance to a funeral director and embalmer in carrying out
30    the practice of funeral directing  and  embalming  under  the
31    supervision of the funeral director and embalmer.
 
                            -2-      LRB093 10073 AMC 10324 b
 1        "Embalming"   means   the   process   of  sanitizing  and
 2    chemically treating a deceased human body in order to  reduce
 3    the  presence and growth of microorganisms, to retard organic
 4    decomposition, to render the remains  safe  to  handle  while
 5    retaining naturalness of tissue, and to restore an acceptable
 6    physical appearance for funeral viewing purposes.
 7        "Funeral  director" means a person, known by the title of
 8    "funeral director" or other similar words or titles, licensed
 9    by the State who practices funeral directing.
10        "Funeral  establishment",  "funeral   chapel",   "funeral
11    home",  or "mortuary" means a building or separate portion of
12    a building having a specific street address or  location  and
13    devoted  to activities relating to the shelter, care, custody
14    and preparation of  a  deceased  human  body  and  which  may
15    contain facilities for funeral or wake services.
16        "Owner"  means  the individual, partnership, corporation,
17    association, trust, estate, or agent thereof, or other person
18    or combination of persons who owns a funeral establishment or
19    funeral business.
20        "Person" means any individual, partnership,  association,
21    firm, corporation, trust or estate, or other entity.
22    (Source: P.A. 87-966.)

23        (225 ILCS 41/1-15)
24        (Section scheduled to be repealed on January 1, 2013)
25        Sec.  1-15.  Funeral directing; definition. Conducting or
26    engaging  in  or  representing  or  holding  out  oneself  as
27    conducting or engaged in any one or any  combination  of  the
28    following  practices  constitutes  the  practice  of  funeral
29    directing:
30             (a)  The  practice  of  preparing, otherwise than by
31        embalming, for the burial,  cremation,  or  disposal  and
32        directing  and  supervising  the  burial  or  disposal of
33        deceased human remains or performing any act  or  service
 
                            -3-      LRB093 10073 AMC 10324 b
 1        in  connection  with  the preparing of dead human bodies.
 2        Preparation, direction,  and  supervision  shall  not  be
 3        construed  to  mean those functions normally performed by
 4        cemetery and crematory personnel.
 5             (b)  The practice of operating a place for preparing
 6        for the disposition  of  deceased  human  bodies  or  for
 7        caring   for   deceased   human   bodies   before   their
 8        disposition.   Nothing  in  this  Code shall prohibit the
 9        ownership and management of such a place by an unlicensed
10        owner if the place is operated in  accordance  with  this
11        Code and the unlicensed owner does not engage in any form
12        of funeral directing.
13             (c)  The  removal  of a deceased human body from its
14        place of  death,  institution  or  other  location.   The
15        licensed  funeral  director may engage others who are not
16        licensed funeral directors to assist in  the  removal  if
17        the  funeral  director  directs  and  instructs  them  in
18        handling  and  precautionary  procedures  and accompanies
19        them on all calls.  The transportation of deceased  human
20        remains  to a cemetery, crematory or other place of final
21        disposition  shall  be   under   the   immediate   direct
22        supervision  of  a licensee unless otherwise permitted by
23        this  Section.   The  transportation  of  deceased  human
24        remains that  are  embalmed  or  otherwise  prepared  and
25        enclosed  in an appropriate container to some other place
26        that is not the  place  of  final  disposition,  such  as
27        another  funeral home or common carrier, or to a facility
28        that  shares  common  ownership  with  the   transporting
29        funeral   home   may   be  performed  under  the  general
30        supervision of a licensee, but the supervision  need  not
31        be immediate or direct.
32             (d)  The   administering   and   conducting  of,  or
33        assuming responsibility for administering and  conducting
34        of, at need funeral arrangements.
 
                            -4-      LRB093 10073 AMC 10324 b
 1             (e)  The   assuming   custody   of,  transportation,
 2        providing shelter, protection and care and disposition of
 3        deceased human remains and the  furnishing  of  necessary
 4        funeral services, facilities and equipment.
 5             (f)  Using in connection with a name or practice the
 6        word   "funeral   director,"  "undertaker,"  "mortician,"
 7        "funeral home," "funeral parlor,"  "funeral  chapel,"  or
 8        any  other  title  implying that the person is engaged in
 9        the practice of funeral directing.
10        The practice of funeral directing shall not  include  the
11    phoning  in  of obituary notices, ordering of flowers for the
12    funeral, or reporting of prices on the firm's  general  price
13    list as required by the Federal Trade Commission Funeral Rule
14    rule   by   nonlicensed   persons,  or  like  clerical  tasks
15    incidental to the act of making funeral arrangements.
16        The making of funeral arrangements,  at  need,  shall  be
17    done  only  by licensed funeral directors or licensed funeral
18    directors and embalmers.
19    (Source: P.A. 87-966.)

20        (225 ILCS 41/1-20)
21        (Section scheduled to be repealed on January 1, 2013)
22        Sec. 1-20.  Funeral directing and embalming;  definition.
23    "The practice of funeral directing and embalming" means:
24             (a)  The  practice  of  preparing, otherwise than by
25        embalming, for the burial,  cremation,  or  disposal  and
26        directing  and  supervising  the  burial  or  disposal of
27        deceased human remains or performing any act  or  service
28        in  connection  with  the preparing of dead human bodies.
29        Preparation, direction,  and  supervision  shall  not  be
30        construed  to  mean those functions normally performed by
31        cemetery and crematory personnel.
32             (b)  The practice of operating a place for preparing
33        for the disposition  of  deceased  human  bodies  or  for
 
                            -5-      LRB093 10073 AMC 10324 b
 1        caring   for   deceased   human   bodies   before   their
 2        disposition.   Nothing  in  this  Code shall prohibit the
 3        ownership and management of such a place by an unlicensed
 4        owner if the place is operated in  accordance  with  this
 5        Code and the unlicensed owner does not engage in any form
 6        of funeral directing and embalming.
 7             (c)  The  removal  of a deceased human body from its
 8        place of death, institution or other location. A licensed
 9        funeral director and embalmer intern trainee may remove a
10        deceased human body from its place of death, institution,
11        or other location without another licensee being present.
12        The licensed funeral director  and  embalmer  may  engage
13        others   who  are  not  licensed  funeral  directors  and
14        embalmers  or  funeral  director  and  embalmer   interns
15        trainees to assist in the removal if the funeral director
16        and  embalmer  directs and instructs them in handling and
17        precautionary procedures  and  accompanies  them  on  all
18        calls.  The transportation of deceased human remains to a
19        cemetery,  crematory  or other place of final disposition
20        shall be under the immediate,  direct  supervision  of  a
21        licensee unless otherwise permitted by this Section.  The
22        transportation   of   deceased  human  remains  that  are
23        embalmed  or  otherwise  prepared  and  enclosed  in   an
24        appropriate container to some other place that is not the
25        place  of final disposition, such as another funeral home
26        or common carrier, or to a facility  that  shares  common
27        ownership  with  the  transporting  funeral  home  may be
28        performed under the general supervision  of  a  licensee,
29        but the supervision need not be immediate or direct.
30             (d)  The   administering   and   conducting  of,  or
31        assuming responsibility for administering and  conducting
32        of, at need funeral arrangements.
33             (e)  The   assuming   custody   of,  transportation,
34        providing shelter, protection and care and disposition of
 
                            -6-      LRB093 10073 AMC 10324 b
 1        deceased human remains and the  furnishing  of  necessary
 2        funeral services, facilities and equipment.
 3             (f)  Using in connection with a name or practice the
 4        word   "funeral   director   and  embalmer",  "embalmer",
 5        "funeral director", "undertaker",  "mortician",  "funeral
 6        home",  "funeral  parlor", "funeral chapel", or any other
 7        title implying that the person is engaged in the practice
 8        of funeral directing and embalming.
 9             (g)  The embalming or representing  or  holding  out
10        oneself  as  engaged  in  the  practice  of  embalming of
11        deceased human bodies  or  the  transportation  of  human
12        bodies deceased of a contagious or infectious disease.
13        The practice of funeral directing and embalming shall not
14    include  the  phoning  in  of  obituary  notices, ordering of
15    flowers for the funeral, or reporting of prices on the firm's
16    general  price  list  as  required  by  the   Federal   Trade
17    Commission  Funeral Rule rule by nonlicensed persons, or like
18    clerical tasks  incidental  to  the  act  of  making  funeral
19    arrangements.
20        The  making  of  funeral  arrangements, at need, shall be
21    done only by licensed funeral directors or  licensed  funeral
22    directors   and  embalmers.  Licensed  funeral  director  and
23    embalmer interns trainees may, however, assist or participate
24    in the arrangements.
25    (Source: P.A. 87-966.)

26        (225 ILCS 41/5-10)
27        (Section scheduled to be repealed on January 1, 2013)
28        Sec. 5-10.  Funeral director license; display.
29        Every holder of a license as  a  funeral  director  shall
30    display  it in a conspicuous place in the licensee's holder's
31    place of practice or in the place of practice  in  which  the
32    licensee  holder  is employed or, in case the licensee holder
33    is engaged in funeral directing at more  than  one  place  of
 
                            -7-      LRB093 10073 AMC 10324 b
 1    practice,  then in the licensee's holder's principal place of
 2    practice or the principal place of practice of the licensee's
 3    holder's employer.
 4    (Source: P.A. 87-966.)

 5        (225 ILCS 41/5-15)
 6        (Section scheduled to be repealed on January 1, 2013)
 7        Sec.  5-15.  Expiration  and  renewal;  inactive  status;
 8    continuing education. The expiration date and renewal  period
 9    for  each  license  issued under this Article shall be set by
10    rule.  The holder of a license as a licensed funeral director
11    may  renew  the  license  during  the  month  preceding   the
12    expiration  date of the license by paying the required fee. A
13    licensed funeral director whose license has expired may  have
14    the  license  reinstated  within  5  years  from  the date of
15    expiration upon payment of the  required  reinstatement  fee.
16    The  reinstatement  shall  be  effective  as  of  the date of
17    reissuance of the license.
18        Any licensed funeral  director  whose  license  has  been
19    expired  for  more than 5 years may have the license restored
20    only by fulfilling the requirements of the Department's rules
21    and by paying the  required  restoration  fee.  However,  any
22    licensed  funeral director whose license has expired while he
23    or she has been engaged (1) in federal service on active duty
24    with the Army of the United States, the United  States  Navy,
25    the  Marine  Corps,  the  Air  Force, the Coast Guard, or the
26    State Militia called into the  service  or  training  of  the
27    United  States  of  America  or  (2) in training or education
28    under the supervision of the  United  States  preliminary  to
29    induction  into  the  military  service  may  have his or her
30    license restored without paying any lapsed  renewal  fees  or
31    restoration fee or without passing any examination if, within
32    2  years  after  termination  of  the  service,  training  or
33    education  other  than  by  dishonorable discharge, he or she
 
                            -8-      LRB093 10073 AMC 10324 b
 1    furnishes the Department with an affidavit to the effect that
 2    he or she has been so engaged and that his  or  her  service,
 3    training or education has been so terminated.
 4        In  addition  to  any  other requirement for renewal of a
 5    license or reinstatement of  an  expired  license,  beginning
 6    with  licenses  renewed or reinstated in 1993, as a condition
 7    for the renewal or reinstatement of a license as  a  licensed
 8    funeral director, each licensee shall provide evidence to the
 9    Department  of  completion of at least 12 hours of continuing
10    education during the 24 months preceding the expiration  date
11    of  the  license, or in the case of reinstatement, during the
12    24  months  preceding  application  for  reinstatement.   The
13    continuing education sponsors shall be approved by the Board.
14    In addition, any qualified continuing  education  course  for
15    funeral  directors  offered  by  a  college,  university, the
16    Illinois Funeral  Directors  Association,  Funeral  Directors
17    Services   Association   of   Greater  Chicago,  Cook  County
18    Association of Funeral Home Owners, Inc.,  Illinois  Selected
19    Morticians  Association,  Inc.,  National  Funeral  Directors
20    Association,  Selected  Independent  Funeral  Homes  National
21    Foundation  of Funeral Service, National Selected Morticians,
22    National Funeral Directors and Morticians Association,  Inc.,
23    International Order of the Golden Rule, or an Illinois school
24    of  mortuary science shall be accepted toward satisfaction of
25    the continuing education requirements.
26        The Department  shall  establish  by  rule  a  means  for
27    verification   of  completion  of  the  continuing  education
28    required  by  this  Section.   This   verification   may   be
29    accomplished   through   audits   of  records  maintained  by
30    licensees, by requiring the  filing  of  continued  education
31    certificates  with the Department or a qualified organization
32    selected by the Department to maintain these records,  or  by
33    other means established by the Department.
34        A person who is licensed as a funeral director under this
 
                            -9-      LRB093 10073 AMC 10324 b
 1    Act  and who has engaged in the practice of funeral directing
 2    for at least 40 years shall be  exempt  from  the  continuing
 3    education  requirements  of  this  Section.  In addition, the
 4    Department shall establish by rule an exemption or  exception
 5    for  funeral directors who, by reason of advanced age, health
 6    or other extreme condition should reasonably be excused  from
 7    the  continuing education requirement upon explanation to the
 8    Board, the approval of the Director, or both.  Those persons,
 9    identified above, who cannot attend  on-site  classes,  shall
10    have  the  opportunity  to  comply  by  completing home study
11    courses designed for them by sponsors.
12        Any funeral  director  who  notifies  the  Department  in
13    writing  on  forms  prescribed by the Department may elect to
14    place his or her license on an inactive status and  shall  be
15    excused  from completion of continuing education requirements
16    until he or she notifies the  Department  in  writing  of  an
17    intent  to  restore  the  license  to  active  status.    Any
18    licensee  requesting  restoration  from inactive status shall
19    notify the Department as provided by rule of  the  Department
20    and pay the fee required by the Department for restoration of
21    the  license.   Any  licensee  whose  license  is on inactive
22    status shall not practice in the State of Illinois.
23        Practice on a license that has lapsed or been  placed  in
24    inactive  status  is  practicing  without  a  license  and  a
25    violation of this Code Act.
26    (Source: P.A. 92-641, eff. 7-11-02.)

27        (225 ILCS 41/5-25)
28        (Section scheduled to be repealed on January 1, 2013)
29        Sec.  5-25.  Prohibition  of new licenses. The Department
30    shall not issue any new  licenses  as  funeral  directors  or
31    funeral  director trainees.  Any person issued a license as a
32    funeral director before June 1, 1991 may  renew  the  license
33    after that date under the provisions of this Article and that
 
                            -10-     LRB093 10073 AMC 10324 b
 1    person  may  continue  to renew or restore the license during
 2    his  or  her  lifetime,  subject  only  to  the  renewal   or
 3    restoration  requirements  for  the  license under this Code.
 4    Any person issued a license as  a  funeral  director  trainee
 5    before June 1, 1991 may not renew or restore that license.
 6        Notwithstanding  any  other provision of this Code or any
 7    predecessor Act, the Department shall issue a  license  as  a
 8    funeral director to every person:
 9             (1)  who  has  graduated  from a program of mortuary
10        science;
11             (2)  who passed the examination for licensing  as  a
12        funeral   director   under   the  Funeral  Directors  and
13        Embalmers Licensing Act of 1935 on or after June 1,  1988
14        but before June 2, 1991;
15             (3)  who has completed one calendar year of training
16        as a licensed funeral director and embalmer trainee under
17        the  supervision  of  a  licensed  funeral  director  and
18        embalmer; and
19             (4)  who  has  on file or files an application for a
20        license as a funeral director within 30  days  after  the
21        effective date of this amendatory Act of 1994.
22    (Source: P.A. 87-966; 88-659.)

23        (225 ILCS 41/10-5)
24        (Section scheduled to be repealed on January 1, 2013)
25        Sec.  10-5.  License requirement.  It is unlawful for any
26    person to practice or attempt to practice  funeral  directing
27    and embalming without being licensed by the Department.
28        No  person shall practice funeral directing and embalming
29    who does not have a fixed place of practice or  establishment
30    in Illinois devoted to the care and preparation for burial or
31    for  transportation  of  deceased human bodies, or who is not
32    regularly  employed  in  a  fixed  place   of   practice   or
33    establishment.
 
                            -11-     LRB093 10073 AMC 10324 b
 1        No  person shall practice funeral directing and embalming
 2    independently at the fixed place of practice or establishment
 3    of another licensee unless his or her name shall be published
 4    and displayed at all times in connection therewith.
 5        No licensed intern trainee shall  independently  practice
 6    funeral  directing and embalming; however, a licensed funeral
 7    director and embalmer intern trainee may under the  immediate
 8    personal  supervision  of  a  licensed  funeral  director and
 9    embalmer assist a licensed funeral director and  embalmer  in
10    the practice of funeral directing and embalming.
11        No  person  shall  practice  as  a  funeral  director and
12    embalmer intern trainee unless he or she  possesses  a  valid
13    license in good standing to do so in the State of Illinois.
14    (Source: P.A. 87-966.)

15        (225 ILCS 41/10-10)
16        (Section scheduled to be repealed on January 1, 2013)
17        Sec.  10-10.  License qualifications.  A person who meets
18    all of the following requirements is qualified to  receive  a
19    license as a funeral director and embalmer:
20        (a)  Is at least 18 years of age.
21        (b)  Has  successfully  completed  one academic year in a
22    college or university and has successfully completed a course
23    of  instruction  of  at  least  one  year   duration   in   a
24    professional  school  or  college  teaching  the  practice of
25    funeral  directing  and  embalming  that  is  recognized  and
26    approved by the Department.
27        (c)  Has studied funeral directing and embalming in  this
28    State  under  a funeral director and embalmer, licensed under
29    this  Code  or  any  prior  Act,  for  at  least  one   year.
30    Nevertheless,  no  credit  shall  be  given  for the study of
31    funeral directing and embalming in this State as an intern  a
32    trainee unless the applicant during the period of study was a
33    licensed funeral director and embalmer intern trainee.
 
                            -12-     LRB093 10073 AMC 10324 b
 1        (d)  Is  satisfactorily  versed in approved measures used
 2    by the practice for the prevention and against the spread  of
 3    disease  and  has  the  skills  reasonably  involved,  and is
 4    adequately  and  properly  protected   against   communicable
 5    diseases  by  means  usually  adopted and approved by medical
 6    science.
 7        (e)  Has passed an examination developed or  acquired  by
 8    the  Department  and  conducted  by  the  Department  or  its
 9    designee  to determine the fitness of an applicant to receive
10    a license as a licensed funeral director and embalmer.
11    (Source: P.A. 89-387, eff. 8-20-95.)

12        (225 ILCS 41/10-15)
13        (Section scheduled to be repealed on January 1, 2013)
14        Sec. 10-15.  Intern Trainee  license  qualifications.   A
15    person  who  meets  all  of  the  following  requirements  is
16    qualified to receive a license as a licensed funeral director
17    and embalmer intern trainee:
18        (a)  Is at least 18 years of age.
19        (b)  Has  successfully  completed  one academic year in a
20    college or university and has successfully completed a course
21    of  instruction  of  at  least  one  year   duration   in   a
22    professional  school  or  college  teaching  the  practice of
23    funeral  directing  and  embalming  that  is  recognized  and
24    approved by the Department.
25        (c)  Has been accepted for internship training in funeral
26    directing and  embalming  by  an  Illinois  licensed  funeral
27    director and embalmer.
28        (d)  Is  satisfactorily  versed in approved measures used
29    by the profession for the prevention and against  the  spread
30    of  disease  and  has  the skills reasonably involved, and is
31    adequately protected against communicable diseases  by  means
32    usually adopted by medical science.
33    (Source: P.A. 89-387, eff. 8-20-95.)
 
                            -13-     LRB093 10073 AMC 10324 b
 1        (225 ILCS 41/10-30)
 2        (Section scheduled to be repealed on January 1, 2013)
 3        Sec.  10-30.  Issuance,  display  of license. Whenever an
 4    applicant  has  met  the  requirements  of  this  Code,   the
 5    Department  shall  issue  to  the  applicant  a  license as a
 6    licensed funeral director and embalmer  or  licensed  funeral
 7    director and embalmer intern trainee, as the case may be.
 8        Every   holder  of  a  license  shall  display  it  in  a
 9    conspicuous place in the licensee's place of practice  or  in
10    the  place  of practice in which the licensee is employed. In
11    case  the  licensee  is  engaged  in  funeral  directing  and
12    embalming at more  than  one  place  of  practice,  then  the
13    license  shall be displayed in the licensee's principal place
14    of practice  or  the  principal  place  of  practice  of  the
15    licensee's employer.
16    (Source: P.A. 87-966.)

17        (225 ILCS 41/10-35)
18        (Section scheduled to be repealed on January 1, 2013)
19        Sec.    10-35.  Renewal;    reinstatement;   restoration;
20    continuing education. The expiration date and renewal  period
21    for  each  license  issued under this Article shall be set by
22    rule.  The holder of a license as a licensed funeral director
23    and embalmer or funeral director and embalmer intern  trainee
24    may   renew  the  license  during  the  month  preceding  the
25    expiration date of the license by paying the required fee.  A
26    licensed  funeral  director  and embalmer or licensed funeral
27    director and embalmer trainee whose license has  expired  may
28    have  the  license reinstated within 5 years from the date of
29    expiration upon payment of the required reinstatement fee and
30    fulfilling the requirements of the Department's  rules.   The
31    reinstatement  of  the license is effective as of the date of
32    the reissuance of the license.
33        Any licensed funeral director and embalmer whose  license
 
                            -14-     LRB093 10073 AMC 10324 b
 1    has  been  expired for more than 5 years may have the license
 2    restored only by fulfilling the requirements set forth in the
 3    Department's rules and by  paying  the  required  restoration
 4    fee.  However,  any licensed funeral director and embalmer or
 5    licensed funeral director and embalmer intern  trainee  whose
 6    license  has  expired while he or she has been engaged (1) in
 7    federal service on active duty with the Army  of  the  United
 8    States,  the  United  States  Navy, the Marine Corps, the Air
 9    Force, the Coast Guard, or the State Militia called into  the
10    service or training of the United States of America or (2) in
11    training  or  education  under  the supervision of the United
12    States preliminary to induction into  the  military  service,
13    may  have  his or her the license restored without paying any
14    lapsed renewal fees or restoration fee or without passing any
15    examination if, within  2  years  after  termination  of  the
16    service,  training  or  education  other than by dishonorable
17    discharge, he or she the licensee  furnishes  the  Department
18    with  an  affidavit  to the effect that he or she has been so
19    engaged and that his or her service,  training  or  education
20    has been so terminated.
21        No  license  of  a  funeral  director and embalmer intern
22    trainee shall be renewed more than twice.
23        In addition to any other requirement  for  renewal  of  a
24    license  or  reinstatement  of  an expired license, beginning
25    with licenses renewed or reinstated in 1993  and  thereafter,
26    as  a condition for the renewal or reinstatement of a license
27    as a licensed funeral director and  embalmer,  each  licensee
28    shall  provide evidence to the Department of completion of at
29    least 24 hours of continuing education during the  24  months
30    preceding  the expiration date of the license, or in the case
31    of  reinstatement,  within  the  24  months   preceding   the
32    application  for  reinstatement.   The  continuing  education
33    sponsors  shall  be  approved by the Board.  In addition, any
34    qualified continuing education course for  funeral  directors
 
                            -15-     LRB093 10073 AMC 10324 b
 1    and  embalmers offered by a college, university, the Illinois
 2    Funeral Directors  Association,  Funeral  Directors  Services
 3    Association  of  Greater  Chicago, Cook County Association of
 4    Funeral  Home  Owners,  Inc.,  Illinois  Selected  Morticians
 5    Associations, Inc., National Funeral  Directors  Association,
 6    Selected  Independent  Funeral  Homes  National Foundation of
 7    Funeral  Service,  National  Selected  Morticians,   National
 8    Funeral   Directors   and   Morticians   Association,   Inc.,
 9    International Order of the Golden Rule, or an Illinois school
10    of  mortuary science shall be accepted toward satisfaction of
11    the continuing education requirements.
12        The Department  shall  establish  by  rule  a  means  for
13    verification   of  completion  of  the  continuing  education
14    required  by  this  Section.   This   verification   may   be
15    accomplished   through   audits   of  records  maintained  by
16    licensees, by requiring the  filing  of  continued  education
17    certificates  with the Department or a qualified organization
18    selected by the Department to maintain  the  records,  or  by
19    other means established by the Department.
20        A  person  who  is  licensed  as  a  funeral director and
21    embalmer under this Act and who has engaged in  the  practice
22    of  funeral  directing  and  embalming  for at least 40 years
23    shall be exempt from the continuing education requirements of
24    this Section. In addition, the Department shall establish  by
25    rule  an  exemption  or  exception  for funeral directors and
26    embalmers who, by reason of advanced  age,  health  or  other
27    extreme  condition,  should  reasonably  be  excused from the
28    continuing education  requirement  upon  explanation  to  the
29    Board, the approval of the Director, or both.  Those persons,
30    identified  above,  who  cannot attend on-site classes, shall
31    have the opportunity  to  comply  by  completing  home  study
32    courses designed for them by sponsors.
33        Any  funeral  director  and  embalmer  who  notifies  the
34    Department  in writing on forms prescribed by the Department,
 
                            -16-     LRB093 10073 AMC 10324 b
 1    may elect to place his or her license on an  inactive  status
 2    and  shall be excused from completion of continuing education
 3    requirements until he  or  she  notifies  the  Department  in
 4    writing of an intent to restore the license to active status.
 5    While on inactive status, the licensee shall only be required
 6    to  pay  a single fee, established by the Department, to have
 7    the  license  placed  on  inactive  status.    Any   licensee
 8    requesting  restoration from inactive status shall notify the
 9    Department as provided by rule of the Department and pay  the
10    fee  required  by  the  Department  for  restoration  of  the
11    license.   Any  licensee  whose license is on inactive status
12    shall not practice in the State of Illinois.
13        Practice on a license that has lapsed or been  placed  in
14    inactive  status  is  practicing  without  a  license  and  a
15    violation of this Code.
16    (Source: P.A. 90-50, eff. 1-1-98.)

17        (225 ILCS 41/10-40)
18        (Section scheduled to be repealed on January 1, 2013)
19        Sec.  10-40.  Reciprocity.  An applicant who is a funeral
20    director and embalmer registered or licensed under  the  laws
21    of  another  state or territory of the United States, or of a
22    foreign country or province, upon satisfactory proof that the
23    applicant has  been  actively  engaged  in  the  practice  of
24    funeral  directing  and embalming therein for a period of not
25    less than one year and upon payment of the required fee,  may
26    be  granted  a  license  as  a  licensed funeral director and
27    embalmer  by  the  Department,  in  its  discretion,  without
28    examination, upon the following conditions:
29        (a)  that the applicant is at least 18 years of age  and,
30    at the time of the issuance of a license, is a citizen of the
31    United  States  or  is  an  alien  lawfully admitted into the
32    United States, and is a resident of the  State  of  Illinois;
33    and
 
                            -17-     LRB093 10073 AMC 10324 b
 1        (b)  that   the  requirements  for  the  registration  or
 2    licensing  of  funeral  directors  and   embalmers   in   the
 3    particular state, territory, country or province were, at the
 4    date  of application, substantially equal to the requirements
 5    then in force  in  this  State;  and  the  state,  territory,
 6    country  or  province  reciprocates  with respect to licensed
 7    funeral directors and embalmers from the State of Illinois.
 8    (Source: P.A. 89-387, eff. 8-20-95.)

 9        (225 ILCS 41/15-5) (from Ch. 111, par. 2825)
10        (Section scheduled to be repealed on January 1, 2013)
11        Sec. 15-5.  Funeral Directors and Embalmers Licensing and
12    Disciplinary  Board.  A  Funeral  Directors   and   Embalmers
13    Licensing and Disciplinary Board is created and shall consist
14    of  7  persons,  6  of  whom are licensed to practice funeral
15    directing and embalming in this  State,  and  one  who  is  a
16    knowledgeable  public member.  Each member shall be appointed
17    by the Director of the Department. The persons  so  appointed
18    shall  hold  their  offices for 4 years and until a qualified
19    successor is appointed.  All  vacancies  occurring  shall  be
20    filled  by the Director for the unexpired portion of the term
21    rendered vacant.  No member shall be eligible  to  serve  for
22    more  than  2  full  consecutive terms.  Any appointee may be
23    removed by the Director when in his or her discretion  he  or
24    she finds removal to be in the public interest. The cause for
25    removal  must  be  set  forth  in  writing.  The  Board shall
26    annually select a chairman from its membership.  The  members
27    of  the  Board  shall  be  reimbursed  for all legitimate and
28    necessary expenses incurred  in  attending  meetings  of  the
29    Board.   The  Board may meet as often as necessary to perform
30    its duties under this Code, and shall meet at  least  once  a
31    year in Springfield, Illinois.
32        The  members of the Board appointed and serving under the
33    Funeral Directors and Embalmers Licensing Act of  1935  shall
 
                            -18-     LRB093 10073 AMC 10324 b
 1    continue  to  serve under the Funeral Directors and Embalmers
 2    Licensing Code and until the expiration  of  their  appointed
 3    terms.   These  members  may be reappointed if eligible under
 4    this Section.
 5        The Department may seek the advice and recommendations of
 6    the Board on any matter relating to  the  administration  and
 7    enforcement of this Code.
 8        The  Department shall seek the advice and recommendations
 9    of  the  Board  in  connection   with   any   rulemaking   or
10    disciplinary  actions, including applications for restoration
11    of revoked licenses.  The Board shall have 60 days to respond
12    to a Department request for advice and  recommendations.   If
13    the  Department  fails to adopt, in whole or in part, a Board
14    recommendation  in  connection   with   any   rulemaking   or
15    disciplinary  action,  it shall provide a written explanation
16    of  its  specific  reasons  for  not   adopting   the   Board
17    recommendation.    The  written  explanations  shall  be made
18    available for public inspection.
19        The Department shall adopt all necessary  and  reasonable
20    rules  and  regulations  for  the effective administration of
21    this Code, and without limiting the foregoing, the Department
22    shall adopt rules and regulations:
23             (1)  prescribing  a   method   of   examination   of
24        candidates;
25             (2)  defining   what   shall  constitute  a  school,
26        college, university, department of a university or  other
27        institution   to  determine  the  reputability  and  good
28        standing  of  these  institutions  by  reference   to   a
29        compliance  with  the  rules and regulations; however, no
30        school, college, university, department of  a  university
31        or   other   institution   that   refuses  admittance  to
32        applicants, solely on account of race, color, creed,  sex
33        or  national  origin shall be considered reputable and in
34        good standing;
 
                            -19-     LRB093 10073 AMC 10324 b
 1             (3)  establishing  expiration  dates   and   renewal
 2        periods for all licenses;
 3             (4)  prescribing a method of handling complaints and
 4        conducting  hearings  on proceedings to take disciplinary
 5        action under this Code; and
 6             (5)  providing for licensure by reciprocity.
 7    (Source: P.A. 91-827, eff. 6-13-00.)

 8        (225 ILCS 41/15-15)
 9        (Section scheduled to be repealed on January 1, 2013)
10        Sec. 15-15.  Complaints;  investigations;  hearings.  The
11    Department  may  shall  conduct  regular  inspections  of all
12    funeral  establishments  to  determine  compliance  with  the
13    provisions of this Code.  The Department  may  upon  its  own
14    motion  and  shall  upon the verified complaint in writing of
15    any  person  setting  forth  facts  that  if   proved   would
16    constitute  grounds  for  refusal, suspension, revocation, or
17    other disciplinary  action  investigate  the  action  of  any
18    person holding or claiming to hold a license under this Code.
19    The  Department  shall  report  to  the  Board, on at least a
20    quarterly basis, the status or disposition of all  complaints
21    against,   and   investigations  of,  license  holders.   The
22    Department  shall,  before  refusing  to  issue   or   renew,
23    suspending, revoking, or taking any other disciplinary action
24    with  respect  to any license and at least 30 days before the
25    date set for the hearing, notify in writing the  licensee  of
26    any  charges  made  and  shall  direct  that person to file a
27    written answer to the Board under oath within 20  days  after
28    the service of the notice and inform that person that failure
29    to  file  an answer may result in default being taken and the
30    person's license or certificate may  be  suspended,  revoked,
31    placed  on  probationary status, or other disciplinary action
32    may be taken, including limiting the scope, nature or  extent
33    of  practice, as the Director may deem proper. The Department
 
                            -20-     LRB093 10073 AMC 10324 b
 1    shall afford the licensee  an  opportunity  to  be  heard  in
 2    person  or  by  counsel  in reference to the charges. Written
 3    notice may be served by personal delivery to the licensee  or
 4    by  mailing  it by registered mail to the last known business
 5    address of licensee. In case the  person  fails  to  file  an
 6    answer   after  receiving  notice,  his  or  her  license  or
 7    certificate may, in the  discretion  of  the  Department,  be
 8    suspended,  revoked, or placed on probationary status, or the
 9    Department  may  take  whatever  disciplinary  action  deemed
10    proper, including limiting the scope, nature,  or  extent  of
11    the  person's practice or the imposition of a fine, without a
12    hearing, if the act or  acts  charged  constitute  sufficient
13    grounds  for  such action under this Act.  The hearing on the
14    charges shall be at a time and place as the Department  shall
15    prescribe.  The  Department  may appoint a hearing officer to
16    conduct the hearing. The Department shall notify the Board of
17    the time and place of the hearing and Board members shall  be
18    allowed  to sit at the hearing.  The Department has the power
19    to subpoena and bring before it any person in this State,  or
20    take  testimony  of  any  person by deposition, with the same
21    fees and mileage, in the same manner as prescribed by law  in
22    judicial proceedings in circuit courts of this State in civil
23    cases.  If  the  Department  determines  that any licensee is
24    guilty of a violation of any of the provisions of this  Code,
25    disciplinary  action may shall be taken against the licensee.
26    The Department may take disciplinary action without a  formal
27    hearing   subject   to   Section   10-70   of   the  Illinois
28    Administrative Procedure Act.
29    (Source: P.A. 87-966; 88-45.)

30        (225 ILCS 41/15-55)
31        (Section scheduled to be repealed on January 1, 2013)
32        Sec.  15-55.  Preparation  room.  The  Department   shall
33    require  that  each  fixed place of practice or establishment
 
                            -21-     LRB093 10073 AMC 10324 b
 1    devoted to  the  care  and  preparation  for  burial  or  for
 2    transportation   of   deceased   human   bodies   maintain  a
 3    preparation room properly equipped  with  necessary  drainage
 4    and  ventilation  facilities  and  containing instruments and
 5    supplies necessary  for  the  preparation  and  embalming  of
 6    deceased  human  bodies  for burial or transportation. Branch
 7    operations of main funeral businesses  having  a  preparation
 8    room and located in the State of Illinois are exempt from the
 9    requirements of this Section.
10    (Source: P.A. 87-966.)

11        (225 ILCS 41/15-75)
12        (Section scheduled to be repealed on January 1, 2013)
13        Sec.    15-75.  Violations;   grounds   for   discipline;
14    penalties.
15        (a)  Each of the following acts is a Class A  misdemeanor
16    for  the  first  offense,  and  a  Class  4  felony  for each
17    subsequent offense.  These  penalties  shall  also  apply  to
18    unlicensed owners of funeral homes.
19             (1)  Practicing  the profession of funeral directing
20        and embalming or  funeral  directing,  or  attempting  to
21        practice   the   profession   of  funeral  directing  and
22        embalming or funeral directing without  a  license  as  a
23        licensed   funeral   director  and  embalmer  or  funeral
24        director.
25             (2)  Serving as a intern trainee  under  a  licensed
26        funeral director and embalmer or attempting to serve as a
27        intern  trainee  under  a  licensed  funeral director and
28        embalmer without a license as a licensed funeral director
29        and embalmer intern trainee.
30             (3)  Obtaining or attempting to  obtain  a  license,
31        practice  or  business,  or  any other thing of value, by
32        fraud or misrepresentation.
33             (4)  Permitting any person in  one's  employ,  under
 
                            -22-     LRB093 10073 AMC 10324 b
 1        one's  control or in or under one's service to serve as a
 2        funeral  director  and  embalmer,  funeral  director,  or
 3        funeral director and embalmer  intern  trainee  when  the
 4        person does not have the appropriate license.
 5             (5)  Failing  to  display  a  license as required by
 6        this Code.
 7             (6)  Giving false information or making a false oath
 8        or affidavit required by this Code.
 9        (b)  Each of the following acts or actions is a violation
10    of this Code for which the Department may refuse to issue  or
11    renew,  or  may suspend or revoke any license or may take any
12    disciplinary  action  as  the  Department  may  deem   proper
13    including fines not to exceed $1,000 for each violation.
14             (1)  Obtaining  or attempting to obtain a license by
15        fraud or misrepresentation.
16             (2)  Conviction in this State or  another  state  of
17        any  crime  that is a felony under the laws of this State
18        or conviction of a felony in a federal court.
19             (3)  Violation of the laws of this State relating to
20        the funeral, burial or disposal of deceased human  bodies
21        or of the rules and regulations of the Department, or the
22        Department of Public Health.
23             (4)  Directly  or indirectly paying or causing to be
24        paid any sum of money or other valuable consideration for
25        the securing of business or for  obtaining  authority  to
26        dispose of any deceased human body.
27             (5)  Incompetence   or   untrustworthiness   in  the
28        practice of funeral directing and  embalming  or  funeral
29        directing.
30             (6)  False  or  misleading  advertising as a funeral
31        director and embalmer or funeral director, or advertising
32        or using the name of a person other than the holder of  a
33        license  in connection with any service being rendered in
34        the  practice  of  funeral  directing  and  embalming  or
 
                            -23-     LRB093 10073 AMC 10324 b
 1        funeral  directing.   Nothing  in  this  paragraph  shall
 2        prevent including the  name  of  any  owner,  officer  or
 3        corporate  director of a funeral business home who is not
 4        a licensee in any advertisement used by  a  funeral  home
 5        with   which   the   individual   is  affiliated  if  the
 6        advertisement specifies the individual's affiliation with
 7        the funeral home.
 8             (7)  Engaging in,  promoting,  selling,  or  issuing
 9        burial   contracts,   burial   certificates,   or  burial
10        insurance policies in connection with the profession as a
11        funeral  director  and  embalmer,  funeral  director,  or
12        funeral director and embalmer intern trainee in violation
13        of any laws of the State of Illinois.
14             (8)  Refusing,  without  cause,  to  surrender   the
15        custody  of a deceased human body upon the proper request
16        of the person or persons lawfully entitled to the custody
17        of the body.
18             (9)  Taking undue advantage of a client  or  clients
19        as to amount to the perpetration of fraud.
20             (10)  Engaging in funeral directing and embalming or
21        funeral directing without a license.
22             (11)  Encouraging,  requesting,  or  suggesting by a
23        licensee or some person working on his  behalf  and  with
24        his  consent  for  compensation that a person utilize the
25        services of a  certain  funeral  director  and  embalmer,
26        funeral  director,  or  funeral establishment unless that
27        information has been expressly requested by  the  person.
28        This  does  not  prohibit general advertising or pre-need
29        solicitation.
30             (12)  Making or causing to  be  made  any  false  or
31        misleading  statements  about  the  laws  concerning  the
32        disposal of human remains, including, but not limited to,
33        the  need  to embalm, the need for a casket for cremation
34        or the need for an outer burial container.
 
                            -24-     LRB093 10073 AMC 10324 b
 1             (13)  Continued  practice  by  a  person  having  an
 2        infectious or contagious disease.
 3             (14)  Embalming or attempting to embalm  a  deceased
 4        human  body  without  express  prior authorization of the
 5        person responsible for making  the  funeral  arrangements
 6        for  the  body.   This  does  not  apply  to  cases where
 7        embalming is  directed  by  local  authorities  who  have
 8        jurisdiction  or  when  embalming is required by State or
 9        local law.
10             (15)  Making a false statement on a  Certificate  of
11        Death  where  the  person  making  the  statement knew or
12        should have known that the statement was false.
13             (16)  Soliciting human bodies after death  or  while
14        death is imminent.
15             (17)  Performing  any  act  or  practice  that  is a
16        violation of this Code, or any federal,  State  or  local
17        laws,  rules,  or  regulations  governing the practice of
18        funeral directing or embalming.
19             (18)  Performing any  act  or  practice  that  is  a
20        violation   of  Section  2  of  the  Consumer  Fraud  and
21        Deceptive Business Practices Act.
22             (19)  Engaging  in   unethical   or   unprofessional
23        conduct of a character likely to deceive, defraud or harm
24        the  public  in  the  course  of  providing  professional
25        services or activities.
26             (20)  Taking possession of a dead human body without
27        having first obtained express permission from next of kin
28        or  a public agency legally authorized to direct, control
29        or permit the removal of deceased human bodies.
30             (21)  Advertising in a false or misleading manner or
31        advertising using the name of  an  unlicensed  person  in
32        connection   with  any  service  being  rendered  in  the
33        practice of funeral directing or  funeral  directing  and
34        embalming.   The  use  of  any  name  of an unlicensed or
 
                            -25-     LRB093 10073 AMC 10324 b
 1        unregistered person in an advertisement so  as  to  imply
 2        that  the  person  will  perform  services  is considered
 3        misleading advertising.  Nothing in this paragraph  shall
 4        prevent  including  the  name  of  any  owner, officer or
 5        corporate director of  a  funeral  home,  who  is  not  a
 6        licensee,  in  any  advertisement  used by a funeral home
 7        with  which  the  individual  is   affiliated,   if   the
 8        advertisement specifies the individual's affiliation with
 9        the funeral home.
10             (22)  Directly  or indirectly receiving compensation
11        for any professional services not actually performed.
12             (23)  Failing to account for or  remit  any  monies,
13        documents,  or  personal  property that belongs to others
14        that comes into a licensee's possession.
15             (24)  Treating  any  person   differently   to   his
16        detriment  because  of  race,  color,  creed, gender sex,
17        religion, or national origin.
18             (25)  Knowingly making any false statements, oral or
19        otherwise, of a character likely to  influence,  persuade
20        or induce others in the course of performing professional
21        services or activities.
22             (26)  Knowingly  making  or  filing false records or
23        reports  in  the  practice  of  funeral   directing   and
24        embalming.
25             (27)  Failing   to   acquire   continuing  education
26        required under this Code.
27             (28)  Failing to comply with any  of  the  following
28        required activities:
29                  (A)  When  reasonably  possible,  a licensee or
30             anyone acting on his or her behalf shall obtain  the
31             express  authorization  of  the  person  or  persons
32             responsible  for making the funeral arrangements for
33             a deceased human body prior to removing a body  from
34             the  place  of  death  or  any  place  it  may be or
 
                            -26-     LRB093 10073 AMC 10324 b
 1             embalming or attempting to embalm a  deceased  human
 2             body,  unless  required by State or local law.  This
 3             requirement is waived whenever removal or  embalming
 4             is   directed   by   local   authorities   who  have
 5             jurisdiction. If the responsibility for the handling
 6             of the remains lawfully falls under the jurisdiction
 7             of a public agency,  then  the  regulations  of  the
 8             public agency shall prevail.
 9                  (B)  A licensee shall clearly mark the price of
10             any  casket  offered  for  sale  or the price of any
11             service using the casket on or in the casket if  the
12             casket  is  displayed  at the funeral establishment.
13             If the casket is displayed at  any  other  location,
14             regardless  of whether the licensee is in control of
15             that location, the casket shall  be  clearly  marked
16             and  the  registrant  shall  use  books, catalogues,
17             brochures, or other printed display aids to show the
18             price of each casket or service.
19                  (C)  At the time funeral arrangements are  made
20             and  prior  to  rendering  the  funeral  services, a
21             licensee shall furnish a  written  statement  to  be
22             retained by the person or persons making the funeral
23             arrangements,  signed  by  both  parties, that shall
24             contain: (i) the name, address and telephone  number
25             of  the  funeral establishment and the date on which
26             the arrangements were made; (ii) the  price  of  the
27             service  selected  and  the services and merchandise
28             included for that price; (iii)  a  clear  disclosure
29             that  the  person  or persons making the arrangement
30             may decline and receive credit for  any  service  or
31             merchandise  not  desired and not required by law or
32             the funeral director or  the  funeral  director  and
33             embalmer; (iv) the supplemental items of service and
34             merchandise  requested  and  the price of each item;
 
                            -27-     LRB093 10073 AMC 10324 b
 1             (v) the terms or method of payment agreed upon;  and
 2             (vi) a statement as to any monetary advances made by
 3             the registrant on behalf of the family.
 4        (c)  The  Department may refuse to issue or renew, or may
 5    suspend, the license of  any  person  who  fails  to  file  a
 6    return,  to pay the tax, penalty or interest shown in a filed
 7    return, or to pay any final assessment  of  tax,  penalty  or
 8    interest  as  required  by  any  tax  Act administered by the
 9    Illinois  Department  of  Revenue,  until  the  time  as  the
10    requirements of the tax Act are satisfied.
11    (Source: P.A. 87-966.)

12        (225 ILCS 41/15-80)
13        (Section scheduled to be repealed on January 1, 2013)
14        Sec. 15-80.  Statement of place of practice; roster. Each
15    applicant for a funeral director and embalmer's license shall
16    with his or her application submit a statement of  the  place
17    of  practice,  ownership,  names  and  license numbers of all
18    funeral  directors  and  embalmers  and   funeral   directors
19    associated  with  the  applicant. The Department shall keep a
20    record, which shall be  open  to  public  inspection  at  all
21    reasonable   times,   of  its  proceedings  relating  to  the
22    issuance, refusal,  renewal,  suspension  and  revocation  of
23    licenses.  This  record  shall  also  contain the name, known
24    place of practice and residence, and the date and  number  of
25    the  license of every licensed funeral director and embalmer,
26    licensed funeral director, and licensed funeral director  and
27    embalmer intern trainee in this State.
28        The  Department shall publish an annual list of the names
29    and addresses of all licensees registered  by  it  under  the
30    provisions  of  this  Code, and of all persons whose licenses
31    have been suspended or revoked within the past year, together
32    with other information relative to  the  enforcement  of  the
33    provisions  of  this  Code  as it may deem of interest to the
 
                            -28-     LRB093 10073 AMC 10324 b
 1    public. One list shall be mailed to each local  registrar  of
 2    vital  statistics  upon request by the registrar. Lists shall
 3    also be mailed by the Department to any person in  the  State
 4    upon request.
 5    (Source: P.A. 87-966.)

 6        (225 ILCS 41/15-90 rep.)
 7        (225 ILCS 41/20-10 rep.)
 8        Section   10.    The   Funeral  Directors  and  Embalmers
 9    Licensing Code is amended by  repealing  Sections  15-90  and
10    20-10.
 
                            -29-     LRB093 10073 AMC 10324 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    225 ILCS 41/1-10
 4    225 ILCS 41/1-15
 5    225 ILCS 41/1-20
 6    225 ILCS 41/5-10
 7    225 ILCS 41/5-15
 8    225 ILCS 41/5-25
 9    225 ILCS 41/10-5
10    225 ILCS 41/10-10
11    225 ILCS 41/10-15
12    225 ILCS 41/10-30
13    225 ILCS 41/10-35
14    225 ILCS 41/10-40
15    225 ILCS 41/15-5          from Ch. 111, par. 2825
16    225 ILCS 41/15-15
17    225 ILCS 41/15-55
18    225 ILCS 41/15-75
19    225 ILCS 41/15-80
20    225 ILCS 41/15-90 rep.
21    225 ILCS 41/20-10 rep.