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1 | AN ACT concerning professional regulation.
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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, 5-10, 5-15, 10-25, | ||||||||||||||||||||||||
6 | 10-30, 10-35, 15-5, 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, | ||||||||||||||||||||||||
7 | 15-45, 15-50, 15-55, 15-65, 15-70, 15-71, 15-75, 15-85, 20-15, | ||||||||||||||||||||||||
8 | and 30-1 and by adding Sections 1-25, 5-7, 10-27, 10-50, 15-16, | ||||||||||||||||||||||||
9 | 15-17, 15-21, 15-22, 15-41, 15-46, 15-76, 15-100, 15-105, and | ||||||||||||||||||||||||
10 | 15-110 as follows:
| ||||||||||||||||||||||||
11 | (225 ILCS 41/1-10)
| ||||||||||||||||||||||||
12 | (Section scheduled to be repealed on January 1, 2013)
| ||||||||||||||||||||||||
13 | Sec. 1-10. Definitions. As used in this Code:
| ||||||||||||||||||||||||
14 | "Address of record" means the designated address recorded | ||||||||||||||||||||||||
15 | by the Department in the applicant's or licensee's application | ||||||||||||||||||||||||
16 | file or license file. | ||||||||||||||||||||||||
17 | "Applicant" means a person applying for licensure under
| ||||||||||||||||||||||||
18 | this Code as a funeral director and embalmer or a funeral | ||||||||||||||||||||||||
19 | director and embalmer intern. Any applicant or any person who | ||||||||||||||||||||||||
20 | holds himself or herself out as an applicant is considered a | ||||||||||||||||||||||||
21 | licensee for purposes of enforcement, investigation, hearings, | ||||||||||||||||||||||||
22 | and the Illinois Administrative Procedure Act means any person | ||||||||||||||||||||||||
23 | making application for a license or
certificate of |
| |||||||
| |||||||
1 | registration .
| ||||||
2 | "Board" means the Funeral Directors and Embalmers | ||||||
3 | Licensing and Disciplinary
disciplinary Board.
| ||||||
4 | "Certificate of Death" means a certificate of death as | ||||||
5 | referenced in the Illinois Vital Records Act. | ||||||
6 | "Department" means the Department of Financial and | ||||||
7 | Professional Regulation.
| ||||||
8 | "Director" means the Director of Professional Regulation.
| ||||||
9 | "Funeral director and embalmer" means a person who is
| ||||||
10 | licensed and qualified to practice funeral directing and to | ||||||
11 | prepare,
disinfect and preserve dead human bodies by the | ||||||
12 | injection or external
application of antiseptics, | ||||||
13 | disinfectants or preservative fluids and
materials and to use | ||||||
14 | derma surgery or plastic art for the restoring of
mutilated | ||||||
15 | features. It further means a person who restores the remains of
| ||||||
16 | a person for the purpose of funeralization whose organs or bone | ||||||
17 | or tissue
has been donated for anatomical purposes.
| ||||||
18 | "Funeral director and embalmer intern" means a person
| ||||||
19 | licensed by the State
who is qualified to render assistance to | ||||||
20 | a funeral director and embalmer in
carrying out the practice of | ||||||
21 | funeral directing and embalming under the
supervision of the | ||||||
22 | funeral director and embalmer.
| ||||||
23 | "Embalming" means the process of sanitizing and chemically | ||||||
24 | treating
a deceased human body in order to reduce the presence | ||||||
25 | and growth of
microorganisms, to retard organic decomposition, | ||||||
26 | to render the remains safe
to handle while retaining |
| |||||||
| |||||||
1 | naturalness of tissue, and to restore an
acceptable physical | ||||||
2 | appearance for funeral viewing purposes.
| ||||||
3 | "Funeral director" means a person, known by the title of | ||||||
4 | "funeral
director" or other similar words or titles, licensed | ||||||
5 | by the State who
practices funeral directing.
| ||||||
6 | "Funeral establishment", "funeral chapel", "funeral home", | ||||||
7 | or
"mortuary" means a building or separate portion of a | ||||||
8 | building having a
specific street address or location and | ||||||
9 | devoted to activities relating to
the shelter, care, custody | ||||||
10 | and preparation of a deceased human body and
which may contain | ||||||
11 | facilities for funeral or wake services.
| ||||||
12 | "Owner" means the individual, partnership, corporation, | ||||||
13 | association,
trust, estate, or agent thereof, or other person | ||||||
14 | or combination of
persons who owns a funeral establishment or | ||||||
15 | funeral business.
| ||||||
16 | "Licensee" means a person licensed under this Code as a | ||||||
17 | funeral director, funeral director and embalmer, or a funeral | ||||||
18 | director and embalmer intern. Anyone who holds himself or | ||||||
19 | herself out as a licensee or who is accused of unlicensed | ||||||
20 | practice is considered a licensee for purposes of enforcement, | ||||||
21 | investigation, hearings, and the Illinois Administrative | ||||||
22 | Procedure Act. | ||||||
23 | "Person" means any individual, partnership, association, | ||||||
24 | firm,
corporation, limited liability company, trust or estate, | ||||||
25 | or other entity. "Person" includes both natural persons and | ||||||
26 | legal entities. |
| |||||||
| |||||||
1 | "Secretary" means the Secretary of the Department of | ||||||
2 | Financial and Professional Regulation.
| ||||||
3 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
4 | (225 ILCS 41/1-25 new) | ||||||
5 | (Section scheduled to be repealed on January 1, 2013) | ||||||
6 | Sec. 1-25. Powers of the Department. Subject to the | ||||||
7 | provisions of this Code, the Department may exercise the | ||||||
8 | following powers: | ||||||
9 | (1) Authorize examinations to ascertain the qualifications | ||||||
10 | and fitness of applicants for licensing as a licensed funeral | ||||||
11 | director or licensed funeral director and embalmer and pass | ||||||
12 | upon the qualifications of applicants for licensure. | ||||||
13 | (2) Examine a licensed funeral director or licensed funeral | ||||||
14 | director and embalmer's records from any year or any other | ||||||
15 | aspect of funeral directing and embalming as the Department | ||||||
16 | deems appropriate. | ||||||
17 | (3) Investigate any and all funeral directing and embalming | ||||||
18 | activity. | ||||||
19 | (4) Conduct hearings on proceedings to refuse to issue or | ||||||
20 | renew licenses or to revoke, suspend, place on probation, | ||||||
21 | reprimand, or otherwise discipline a license under this Code or | ||||||
22 | take other non-disciplinary action. | ||||||
23 | (5) Adopt rules required for the administration of this | ||||||
24 | Code. | ||||||
25 | (6) Prescribe forms to be issued for the administration and |
| |||||||
| |||||||
1 | enforcement of this Code. | ||||||
2 | (7) Maintain rosters of the names and addresses of all | ||||||
3 | licensees and all persons whose licenses have been suspended, | ||||||
4 | revoked, denied renewal, or otherwise disciplined within the | ||||||
5 | previous calendar year. These rosters shall be available upon | ||||||
6 | written request and payment of the required fee as established | ||||||
7 | by rule. | ||||||
8 | (225 ILCS 41/5-7 new) | ||||||
9 | Sec. 5-7. Address of record. It is the duty of the | ||||||
10 | applicant or licensee to inform the Department of any change of | ||||||
11 | address within 14 days either through the Department's website | ||||||
12 | or by contacting the Department's licensure maintenance unit.
| ||||||
13 | (225 ILCS 41/5-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
15 | Sec. 5-10. Funeral director license; display. Every holder | ||||||
16 | of a license as a funeral director shall
display it in a | ||||||
17 | conspicuous place in the licensee's place of
practice or in the | ||||||
18 | place of practice in which the licensee is
employed or, in case | ||||||
19 | the licensee is engaged in funeral
directing at more than one | ||||||
20 | place of practice, then in the licensee's principal
place of | ||||||
21 | practice or the principal place of practice of
the licensee's | ||||||
22 | employer and a copy of the license shall be displayed in a | ||||||
23 | conspicuous place at all other places of practice .
| ||||||
24 | (Source: P.A. 93-268, eff. 1-1-04.)
|
| |||||||
| |||||||
1 | (225 ILCS 41/5-15)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
3 | Sec. 5-15. Expiration and renewal; inactive status; | ||||||
4 | continuing
education. The expiration date and renewal period | ||||||
5 | for each
license issued under this Article shall be set by | ||||||
6 | rule. The holder of a
license as a licensed funeral director | ||||||
7 | may renew the license during the month
preceding the expiration | ||||||
8 | date of the license by paying the required fee. A
licensed | ||||||
9 | funeral director whose license has expired may have the license
| ||||||
10 | reinstated within 5 years from the date of expiration upon | ||||||
11 | payment of the
required reinstatement fee. The reinstatement | ||||||
12 | shall be effective as of the
date of reissuance of the license.
| ||||||
13 | Any licensed funeral director whose license has
been | ||||||
14 | expired for more than 5 years may have the license restored
| ||||||
15 | only by fulfilling the requirements of the Department's rules | ||||||
16 | and by
paying the required restoration fee.
However, any | ||||||
17 | licensed funeral director whose license has expired while he or
| ||||||
18 | she has been engaged (1) in federal service on active duty with | ||||||
19 | the Army of the
United States, the United States Navy, the | ||||||
20 | Marine Corps, the Air Force, the
Coast Guard, or the State | ||||||
21 | Militia called into the service or training of the
United | ||||||
22 | States of America or (2) in training or education under the | ||||||
23 | supervision
of the United States preliminary to induction into | ||||||
24 | the military service may
have his or her license restored | ||||||
25 | without paying any lapsed renewal fees or
restoration fee or |
| |||||||
| |||||||
1 | without passing any examination if, within 2 years after
| ||||||
2 | termination of the service, training or education other than by | ||||||
3 | dishonorable
discharge, he or she furnishes the Department with | ||||||
4 | an affidavit to the effect
that he or she has been so engaged | ||||||
5 | and that his or her service, training or
education has
been so | ||||||
6 | terminated.
| ||||||
7 | In addition to any other requirement for renewal of a | ||||||
8 | license or
reinstatement of an expired license, as a condition | ||||||
9 | for the renewal or reinstatement of a
license as a licensed | ||||||
10 | funeral director, each licensee shall provide
evidence to the | ||||||
11 | Department of completion of at least 12 hours of continuing
| ||||||
12 | education during the 24 months preceding the expiration date of
| ||||||
13 | the license, or in the case of reinstatement, during the 24 | ||||||
14 | months
preceding application for reinstatement. The continuing | ||||||
15 | education
sponsors shall be approved by the
Board. In addition, | ||||||
16 | any qualified continuing education course for funeral
| ||||||
17 | directors offered by a college, university, the Illinois | ||||||
18 | Funeral Directors
Association, Funeral Directors Services | ||||||
19 | Association of Greater Chicago,
Cook County
Association of | ||||||
20 | Funeral Home Owners, Inc., Illinois Selected Morticians
| ||||||
21 | Association, Inc., Illinois Cemetery and Funeral Home | ||||||
22 | Association,
National Funeral Directors
Association, Selected | ||||||
23 | Independent Funeral Homes, National Funeral Directors
and | ||||||
24 | Morticians Association, Inc., International Order of the | ||||||
25 | Golden Rule,
or an Illinois school of mortuary science
shall be | ||||||
26 | accepted toward satisfaction of the continuing
education |
| |||||||
| |||||||
1 | requirements.
| ||||||
2 | The Department shall establish by rule a means for | ||||||
3 | verification of
completion of the continuing education | ||||||
4 | required by this Section. This
verification may be accomplished | ||||||
5 | through audits of records maintained by
licensees, by requiring | ||||||
6 | the filing of continued education certificates
with the | ||||||
7 | Department or a qualified organization selected by the | ||||||
8 | Department
to maintain these records, or by other means | ||||||
9 | established by the Department.
| ||||||
10 | The A person who is licensed as a funeral director under | ||||||
11 | this Act and who has
engaged in the practice of funeral | ||||||
12 | directing for at least 40 years shall be
exempt from the | ||||||
13 | continuing education requirements of this Section. In
| ||||||
14 | addition,
the Department shall establish by rule an exemption | ||||||
15 | or exception , for a limited period of time, for
funeral | ||||||
16 | directors who, by reason of advanced age, health , or other | ||||||
17 | extreme
condition should reasonably be excused from the | ||||||
18 | continuing education
requirement upon explanation to the | ||||||
19 | Board, the approval of the Secretary Director , or
both. Those | ||||||
20 | persons, identified above, who cannot attend on-site classes,
| ||||||
21 | shall have the opportunity to comply by completing home study | ||||||
22 | courses
designed for them by sponsors.
| ||||||
23 | Any funeral director who notifies the Department in writing | ||||||
24 | on forms
prescribed by the Department may elect to place his or | ||||||
25 | her license on an
inactive status and shall , subject to rules | ||||||
26 | of the Department, be excused from payment of renewal fees and |
| |||||||
| |||||||
1 | completion of continuing education
requirements until he or she | ||||||
2 | notifies the Department in writing of an intent to
restore the | ||||||
3 | license to active status. Any
licensee
requesting restoration | ||||||
4 | from inactive status shall notify the Department as
provided by | ||||||
5 | rule of the Department and pay the fee required by the
| ||||||
6 | Department for restoration of the license. Any licensee whose | ||||||
7 | license is on
inactive status shall not practice in the State | ||||||
8 | of Illinois.
| ||||||
9 | Practice on a license that has lapsed or been placed in
| ||||||
10 | inactive status is practicing without a license and a violation | ||||||
11 | of this
Code.
| ||||||
12 | (Source: P.A. 92-641, eff. 7-11-02; 93-268, eff. 1-1-04.)
| ||||||
13 | (225 ILCS 41/10-25)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
15 | Sec. 10-25. Examinations. The Department shall authorize | ||||||
16 | and hold
examinations of applicants for licenses as licensed | ||||||
17 | funeral directors and
embalmers. The examination may include | ||||||
18 | both practical demonstrations and
written and oral tests and | ||||||
19 | shall embrace the subjects of anatomy, sanitary
science, health | ||||||
20 | regulations in relation to the handling of deceased human
| ||||||
21 | bodies, measures used by funeral directors and embalmers for | ||||||
22 | the prevention of
the spread of diseases, the care, | ||||||
23 | preservation, embalming, transportation, and
burial of dead | ||||||
24 | human bodies, and other subjects relating to the care and
| ||||||
25 | handling of deceased human bodies as set forth in this Article |
| |||||||
| |||||||
1 | and as the
Department by rule may prescribe.
| ||||||
2 | Whenever the Secretary Director is not satisfied that | ||||||
3 | substantial justice has been
done in an examination, the | ||||||
4 | Secretary Director may order a reexamination.
| ||||||
5 | If an applicant neglects, fails without an approved excuse | ||||||
6 | or refuses
to take the next available examination offered for | ||||||
7 | licensure under this
Code, the fee paid by the applicant shall | ||||||
8 | be forfeited to the Department and
the application denied. If | ||||||
9 | an applicant fails to pass an examination for
licensure under | ||||||
10 | this Code within 3 years after filing an application, the
| ||||||
11 | application shall be denied. However, the applicant may
| ||||||
12 | thereafter make a new application for examination which shall | ||||||
13 | be
accompanied by the required fee.
| ||||||
14 | (Source: P.A. 87-966 .)
| ||||||
15 | (225 ILCS 41/10-27 new) | ||||||
16 | (Section scheduled to be repealed on January 1, 2013) | ||||||
17 | Sec. 10-27. Address of record. It is the duty of the | ||||||
18 | applicant or licensee to inform the Department of any change of | ||||||
19 | address within 14 days either through the Department's website | ||||||
20 | or by contacting the Department's licensure maintenance unit.
| ||||||
21 | (225 ILCS 41/10-30)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
23 | Sec. 10-30. Issuance, display of license. Whenever an | ||||||
24 | applicant has met the
requirements of this Code, the Department |
| |||||||
| |||||||
1 | shall issue to the applicant a
license as a licensed funeral | ||||||
2 | director and embalmer or licensed funeral
director and embalmer | ||||||
3 | intern, as the case may be.
| ||||||
4 | Every holder of a license shall display it in a conspicuous | ||||||
5 | place in the
licensee's place of practice or in the place of | ||||||
6 | practice in which the
licensee is employed. In case the | ||||||
7 | licensee is engaged in funeral
directing and embalming at more | ||||||
8 | than one place of practice, then the
license shall be displayed | ||||||
9 | in the licensee's principal place of practice
or the principal | ||||||
10 | place of practice of the licensee's employer and a copy of the | ||||||
11 | license shall be displayed in a conspicuous place at all other | ||||||
12 | places of practice .
| ||||||
13 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
14 | (225 ILCS 41/10-35)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
16 | Sec. 10-35. Renewal; reinstatement; restoration; | ||||||
17 | continuing education. The
expiration date and renewal period | ||||||
18 | for each license issued under this Article
shall be set by | ||||||
19 | rule. The holder of a license as a licensed funeral director
| ||||||
20 | and embalmer or funeral director and embalmer intern may renew
| ||||||
21 | the license
during the month preceding the expiration date of | ||||||
22 | the license by paying the
required fee. A licensed funeral | ||||||
23 | director and embalmer or licensed funeral
director and embalmer | ||||||
24 | trainee whose license has expired may have the license
| ||||||
25 | reinstated within 5 years from the date of expiration upon |
| |||||||
| |||||||
1 | payment of the
required reinstatement fee and fulfilling the | ||||||
2 | requirements of the Department's
rules. The reinstatement of | ||||||
3 | the license is effective as of the date of the
reissuance of | ||||||
4 | the license.
| ||||||
5 | Any licensed funeral director and embalmer whose license | ||||||
6 | has been expired
for more than 5 years may have the license | ||||||
7 | restored only by fulfilling the
requirements set forth in the | ||||||
8 | Department's rules and by paying the required
restoration fee. | ||||||
9 | However, any licensed funeral director and embalmer or
licensed | ||||||
10 | funeral director and embalmer intern whose license has
expired | ||||||
11 | while
he or she has been engaged (1) in federal service on | ||||||
12 | active duty with the Army
of the United States, the United | ||||||
13 | States Navy, the Marine Corps, the Air Force,
the Coast Guard, | ||||||
14 | or the State Militia called into the service or training of
the | ||||||
15 | United States of America or (2) in training or education under | ||||||
16 | the
supervision of the United States preliminary to induction | ||||||
17 | into the military
service, may have his or her license restored | ||||||
18 | without paying
any lapsed renewal fees or
restoration fee or | ||||||
19 | without passing any examination if, within 2 years after
| ||||||
20 | termination of the service, training or education other than by | ||||||
21 | dishonorable
discharge, he or she furnishes the Department with | ||||||
22 | an
affidavit to the
effect that he or she has been so engaged | ||||||
23 | and that his or her service, training
or education has been so | ||||||
24 | terminated.
| ||||||
25 | No license of a funeral director and embalmer intern shall | ||||||
26 | be
renewed more
than twice.
|
| |||||||
| |||||||
1 | In addition to any other requirement for renewal of a | ||||||
2 | license or
reinstatement of an expired license, as a condition | ||||||
3 | for the renewal or
reinstatement of a license as a licensed | ||||||
4 | funeral director and embalmer, each
licensee shall provide | ||||||
5 | evidence to the Department of completion of at least 24
hours | ||||||
6 | of continuing education during the 24 months preceding the | ||||||
7 | expiration
date of the license, or in the case of | ||||||
8 | reinstatement, within the 24 months
preceding the application | ||||||
9 | for reinstatement. The continuing education sponsors
shall be | ||||||
10 | approved by the Board. In addition, any qualified continuing
| ||||||
11 | education course for funeral directors and embalmers offered by | ||||||
12 | a college,
university, the Illinois Funeral Directors | ||||||
13 | Association, Funeral Directors
Services Association of Greater | ||||||
14 | Chicago, Cook County Association of
Funeral Home Owners, Inc., | ||||||
15 | Illinois Selected Morticians
Associations, Inc., Illinois | ||||||
16 | Cemetery and Funeral Home Association,
National Funeral | ||||||
17 | Directors Association,
Selected Independent Funeral Homes, | ||||||
18 | National Funeral
Directors and Morticians Association, Inc., | ||||||
19 | International Order of the
Golden Rule, or an Illinois school | ||||||
20 | of mortuary
science shall be accepted toward satisfaction of | ||||||
21 | the continuing
education requirements.
| ||||||
22 | The Department shall establish by rule a means for | ||||||
23 | verification of
completion of the continuing education | ||||||
24 | required by this Section. This
verification may be accomplished | ||||||
25 | through audits of records maintained by
licensees, by requiring | ||||||
26 | the filing of continued education certificates
with the |
| |||||||
| |||||||
1 | Department or a qualified organization selected by the | ||||||
2 | Department
to maintain the records, or by other means | ||||||
3 | established by the Department.
| ||||||
4 | The A person who is licensed as a funeral director and | ||||||
5 | embalmer under this
Act and who has engaged in the practice of | ||||||
6 | funeral directing and embalming for
at least 40
years shall be | ||||||
7 | exempt from the continuing education requirements of this
| ||||||
8 | Section. In addition,
the Department shall establish by rule an | ||||||
9 | exemption or exception , for a limited period of time, for
| ||||||
10 | funeral directors and embalmers who, by reason of advanced age, | ||||||
11 | health , or
other extreme condition, should reasonably be | ||||||
12 | excused from the continuing
education requirement upon | ||||||
13 | explanation to the Board, the approval of the Secretary
| ||||||
14 | Director , or both. Those persons, identified above, who cannot | ||||||
15 | attend
on-site classes, shall have the opportunity to comply by | ||||||
16 | completing home
study courses designed for them by sponsors.
| ||||||
17 | Any funeral director and embalmer who notifies the | ||||||
18 | Department in writing
on forms prescribed by the Department, | ||||||
19 | may elect to place his or her license on
an inactive status and | ||||||
20 | shall be excused from completion of continuing education
| ||||||
21 | requirements until he or she notifies the Department in writing | ||||||
22 | of an
intent to restore the license to active status. While on | ||||||
23 | inactive status,
the licensee shall only be required to pay a | ||||||
24 | single fee, established by the
Department, to have the license | ||||||
25 | placed on inactive status. Any licensee
requesting restoration | ||||||
26 | from inactive status shall notify the Department as
provided by |
| |||||||
| |||||||
1 | rule of the Department and pay the fee required by the
| ||||||
2 | Department for restoration of the license. Any licensee whose | ||||||
3 | license is on
inactive status shall not practice in the State | ||||||
4 | of Illinois.
| ||||||
5 | Practice on a license that has lapsed or been placed in | ||||||
6 | inactive status
is practicing without a license and a violation | ||||||
7 | of this Code.
| ||||||
8 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
9 | (225 ILCS 41/10-50 new) | ||||||
10 | (Section scheduled to be repealed on January 1, 2013) | ||||||
11 | Sec. 10-50. Denial of license; exemption from licensure. If | ||||||
12 | the Department determines that an application for licensure | ||||||
13 | should be denied pursuant to Section 15-75, then the applicant | ||||||
14 | shall be sent a notice of intent to deny license or exemption | ||||||
15 | from licensure and the applicant shall be given the opportunity | ||||||
16 | to request, within 20 days after receiving the notice, a | ||||||
17 | hearing on the denial. If the applicant requests a hearing, | ||||||
18 | then the Secretary shall schedule a hearing within 30 days | ||||||
19 | after the request for a hearing, unless otherwise agreed to by | ||||||
20 | the parties. The Secretary shall have the authority to appoint | ||||||
21 | an attorney duly licensed to practice law in the State of | ||||||
22 | Illinois to serve as the hearing officer. The hearing officer | ||||||
23 | shall have full authority to conduct the hearing. The hearing | ||||||
24 | shall be held at the time and place designated by the | ||||||
25 | Secretary. The Secretary shall have the authority to prescribe |
| |||||||
| |||||||
1 | rules for the administration of this Section.
| ||||||
2 | (225 ILCS 41/15-5) (from Ch. 111, par. 2825)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
4 | Sec. 15-5.
Funeral Directors and Embalmers Licensing and
| ||||||
5 | Disciplinary Board. A Funeral Directors and Embalmers
| ||||||
6 | Licensing and Disciplinary Board is created and shall
consist | ||||||
7 | of 7 persons, 6 of whom are licensed to
practice funeral | ||||||
8 | directing and embalming in this State, and one who is a
| ||||||
9 | knowledgeable public member. Each member shall be appointed by | ||||||
10 | the Secretary
Director of the Department. The persons so | ||||||
11 | appointed shall hold their
offices for 4 years and until a | ||||||
12 | qualified successor is appointed. All vacancies
occurring | ||||||
13 | shall be filled by the Secretary Director for the unexpired | ||||||
14 | portion of the term
rendered vacant. No member shall be | ||||||
15 | eligible to serve for more than 2 full
consecutive terms. Any | ||||||
16 | appointee may be removed by the Secretary Director when in
his | ||||||
17 | or her
discretion he or she finds removal
to be in the public | ||||||
18 | interest. The cause for removal must be set forth
in writing. | ||||||
19 | The Board shall annually select a chairman from its membership.
| ||||||
20 | The members of the Board shall be reimbursed for all legitimate | ||||||
21 | and necessary
expenses incurred in attending meetings of the | ||||||
22 | Board. The Board may meet
as often as necessary to perform its | ||||||
23 | duties under this Code, and shall meet
at least once a year in | ||||||
24 | Springfield, Illinois.
| ||||||
25 | A quorum shall be a majority of the members then appointed |
| |||||||
| |||||||
1 | to the Board. A quorum is required for Board decisions. | ||||||
2 | The Secretary may remove any member of the Board for | ||||||
3 | reasons prescribed by law for removal of State officials, or | ||||||
4 | for misconduct, incompetence, neglect of duty, or failing to | ||||||
5 | attend 2 consecutive Board meetings. | ||||||
6 | The Department shall consider the recommendations of the | ||||||
7 | Board in the development of proposed rules under this Code. | ||||||
8 | Notice of any proposed rulemaking under this Code shall be | ||||||
9 | transmitted to the Board and the Department shall review the | ||||||
10 | response of the Board and any recommendations relating to that | ||||||
11 | rulemaking. The Department may seek the advice and | ||||||
12 | recommendations of the Board on
any matter relating to the | ||||||
13 | administration and enforcement of this Code.
| ||||||
14 | The Department shall seek the advice and recommendations of | ||||||
15 | the Board in
connection with any rulemaking or disciplinary | ||||||
16 | actions, including applications
for restoration of revoked | ||||||
17 | licenses. The Board shall have 60 days to respond
to a | ||||||
18 | Department request for advice and recommendations. If the | ||||||
19 | Department
fails to adopt, in whole or in part, a Board | ||||||
20 | recommendation in connection
with any rulemaking or | ||||||
21 | disciplinary action, it shall provide a written
explanation of | ||||||
22 | its specific reasons for not adopting the Board recommendation.
| ||||||
23 | The written explanations shall be made available for public | ||||||
24 | inspection.
| ||||||
25 | The Department shall adopt all necessary and reasonable | ||||||
26 | rules and regulations
for the effective administration of this |
| |||||||
| |||||||
1 | Code, and without limiting the
foregoing, the Department shall | ||||||
2 | adopt rules and regulations:
| ||||||
3 | (1) prescribing a method of examination of candidates;
| ||||||
4 | (2) defining what shall constitute a school, college, | ||||||
5 | university,
department of a university or other | ||||||
6 | institution to determine the reputability
and good | ||||||
7 | standing of these institutions by reference to a compliance | ||||||
8 | with the
rules and regulations; however, no school, | ||||||
9 | college, university, department of a
university or other | ||||||
10 | institution that refuses admittance to applicants, solely
| ||||||
11 | on account of race, color, creed, sex or national origin | ||||||
12 | shall be considered
reputable and in good standing;
| ||||||
13 | (3) establishing expiration dates and renewal periods | ||||||
14 | for
all licenses;
| ||||||
15 | (4) prescribing a method of handling complaints and | ||||||
16 | conducting hearings
on proceedings to take disciplinary | ||||||
17 | action under this Code; and
| ||||||
18 | (5) providing for licensure by reciprocity.
| ||||||
19 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
20 | (225 ILCS 41/15-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
22 | Sec. 15-10. Administrative Procedure Act. The Illinois | ||||||
23 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
24 | incorporated into this Code as if
all of the provisions of that | ||||||
25 | Act were included in this Code, except that the
provision of |
| |||||||
| |||||||
1 | subsection (d) of Section 10-65 of the Illinois Administrative
| ||||||
2 | Procedure Act that provides that at hearings the licensee has | ||||||
3 | the right to show
compliance with all lawful requirements for | ||||||
4 | retention, continuation or renewal
of the license is | ||||||
5 | specifically excluded. For the purposes of this Code the
notice | ||||||
6 | required under Section 10-25 of the Illinois Administrative | ||||||
7 | Procedure
Act is deemed sufficient when mailed to the last | ||||||
8 | known address of record a party .
| ||||||
9 | (Source: P.A. 87-966; 88-45 .)
| ||||||
10 | (225 ILCS 41/15-15)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
12 | Sec. 15-15. Complaints; investigations; hearings; summary | ||||||
13 | suspension of license. The Department may investigate the | ||||||
14 | actions of any applicant or of any person or persons rendering | ||||||
15 | or offering to render services or any person holding or | ||||||
16 | claiming to hold a license under this Code. The Department | ||||||
17 | shall, before revoking, suspending, placing on probation, | ||||||
18 | reprimanding, or taking any other disciplinary action, at least | ||||||
19 | 30 days before the date set for the hearing, (i) notify the | ||||||
20 | accused in writing of the charges made and the time and place | ||||||
21 | for the hearing on the charges, (ii) direct him or her to file | ||||||
22 | a written answer to the charges with the Board under oath | ||||||
23 | within 20 days after the service on him or her of the notice, | ||||||
24 | and (iii) inform the accused that, if he or she fails to | ||||||
25 | answer, default will be taken against him or her or that his or |
| |||||||
| |||||||
1 | her license may be suspended, revoked, placed on probationary | ||||||
2 | status, or other disciplinary action taken with regard to the | ||||||
3 | license, including limiting the scope, nature, or extent of his | ||||||
4 | or her practice, as the Department may consider proper. At the | ||||||
5 | time and place fixed in the notice, the Board shall proceed to | ||||||
6 | hear the charges and the parties or their counsel shall be | ||||||
7 | accorded ample opportunity to present any pertinent | ||||||
8 | statements, testimony, evidence, and arguments. The Board may | ||||||
9 | continue the hearing from time to time. In case the person, | ||||||
10 | after receiving the notice, fails to file an answer, his or her | ||||||
11 | license may, in the discretion of the Department, be suspended, | ||||||
12 | revoked, or placed on probationary status, or the Department | ||||||
13 | may take whatever disciplinary action it considers proper, | ||||||
14 | including limiting the scope, nature, or extent of the person's | ||||||
15 | practice or the imposition of a fine, without a hearing, if the | ||||||
16 | act or acts charged constitute sufficient grounds for that | ||||||
17 | action under this Code. The written notice may be served by | ||||||
18 | personal delivery or by certified mail to the address specified | ||||||
19 | by the accused in his or her last notification to the | ||||||
20 | Department or to the address of record. The Department shall
| ||||||
21 | conduct regular inspections of all funeral establishments to | ||||||
22 | determine
compliance with the provisions of this Code. The | ||||||
23 | Department may upon its own
motion and shall upon the verified | ||||||
24 | complaint in writing of any person setting
forth facts that if | ||||||
25 | proved would constitute grounds for refusal, suspension,
| ||||||
26 | revocation, or other disciplinary action investigate the |
| |||||||
| |||||||
1 | action of any person
holding or claiming to hold a license | ||||||
2 | under this Code. The Department shall
report to the Board, on | ||||||
3 | at least a quarterly basis, the status or disposition
of all | ||||||
4 | complaints against, and investigations of, license holders. | ||||||
5 | The
Department shall, before refusing to issue or renew, | ||||||
6 | suspending, revoking, or
taking any other disciplinary action | ||||||
7 | with respect to any license and at least
30 days before the | ||||||
8 | date set for the hearing, notify in writing the licensee
of any | ||||||
9 | charges made and shall direct that person to file a written | ||||||
10 | answer to
the Board under oath within 20 days after the service | ||||||
11 | of the notice and inform
that person that failure to file an | ||||||
12 | answer may result in default being taken
and the person's | ||||||
13 | license or certificate may be suspended, revoked, placed on
| ||||||
14 | probationary status, or other disciplinary action may be taken, | ||||||
15 | including
limiting the scope, nature or extent of practice, as | ||||||
16 | the Secretary
may deem
proper. The Department shall afford the | ||||||
17 | licensee an opportunity to be heard in
person or by counsel in | ||||||
18 | reference to the charges. Written notice may be served
by | ||||||
19 | personal delivery to the licensee or by mailing it by | ||||||
20 | registered mail to the
last known business address of licensee. | ||||||
21 | In case the person fails to file an
answer after receiving | ||||||
22 | notice, his or her license or certificate may, in the
| ||||||
23 | discretion of the Department, be suspended, revoked, or placed | ||||||
24 | on probationary
status, or the Department may take whatever | ||||||
25 | disciplinary action deemed proper,
including limiting the | ||||||
26 | scope, nature, or extent of the person's practice or the
|
| |||||||
| |||||||
1 | imposition of a fine, without a hearing, if the act or acts | ||||||
2 | charged constitute
sufficient grounds for such action under | ||||||
3 | this Act. The hearing on the charges
shall be at a time and | ||||||
4 | place as the Department shall prescribe. The Department
may | ||||||
5 | appoint a hearing officer to conduct the hearing. The | ||||||
6 | Department shall
notify the Board of the time and place of the | ||||||
7 | hearing and Board members
shall be allowed to sit at the | ||||||
8 | hearing. | ||||||
9 | The Department has the power
to subpoena and bring before | ||||||
10 | it any person in this State, or take testimony
of any person by | ||||||
11 | deposition, with the same fees and mileage,
in the same manner | ||||||
12 | as prescribed by law in judicial proceedings in circuit
courts | ||||||
13 | of this State in civil cases. The Secretary, the designated | ||||||
14 | hearing officer, and every member of the Board has the power to | ||||||
15 | administer oaths to witnesses at any hearing that the | ||||||
16 | Department is authorized to conduct, and any other oaths | ||||||
17 | authorized in any Act or Code administered by the Department. | ||||||
18 | If the Department determines that
any licensee is guilty of a | ||||||
19 | violation of any of the provisions of this
Code, disciplinary | ||||||
20 | action shall be taken against the licensee.
The Department may | ||||||
21 | take disciplinary action without a formal hearing subject
to | ||||||
22 | Section 10-70 of the Illinois Administrative Procedure Act. | ||||||
23 | The Secretary may summarily suspend the license of any | ||||||
24 | person licensed under this Code Act without a hearing, | ||||||
25 | simultaneously with the institution of proceedings for a | ||||||
26 | hearing provided for in this Section, if the Secretary finds |
| |||||||
| |||||||
1 | that evidence in the possession of the Secretary indicates that | ||||||
2 | the continuation of practice by the licensee would constitute | ||||||
3 | an imminent danger to the public. In the event that the | ||||||
4 | Secretary summarily suspends the license of an individual | ||||||
5 | without a hearing, a hearing must be held within 30 days after | ||||||
6 | the suspension has occurred and concluded as expeditiously as | ||||||
7 | practical .
| ||||||
8 | (Source: P.A. 96-48, eff. 7-17-09.)
| ||||||
9 | (225 ILCS 41/15-16 new) | ||||||
10 | (Section scheduled to be repealed on January 1, 2013) | ||||||
11 | Sec. 15-16. Appointment of a hearing officer. The Secretary | ||||||
12 | has the authority to appoint any attorney licensed to practice | ||||||
13 | law in the State of Illinois to serve as the hearing officer in | ||||||
14 | any action for refusal to issue, restore, or renew a license or | ||||||
15 | to discipline a licensee. The hearing officer has full | ||||||
16 | authority to conduct the hearing. A board member or members may | ||||||
17 | attend hearings. The hearing officer shall report his or her | ||||||
18 | findings of fact, conclusions of law, and recommendations to | ||||||
19 | the Board. The Board shall review the report of the hearing | ||||||
20 | officer and present its findings of fact, conclusions of law, | ||||||
21 | and recommendations to the Secretary and to all parties to the | ||||||
22 | proceeding. | ||||||
23 | If the Secretary disagrees with the recommendation of the | ||||||
24 | Board or of the hearing officer, then the Secretary may issue | ||||||
25 | an order in contravention of the recommendation. |
| |||||||
| |||||||
1 | (225 ILCS 41/15-17 new) | ||||||
2 | (Section scheduled to be repealed on January 1, 2013) | ||||||
3 | Sec. 15-17. Consent order. At any point in any | ||||||
4 | investigation or disciplinary proceeding provided for in this | ||||||
5 | Code, both parties may agree to a negotiated consent order. The | ||||||
6 | consent order shall be final upon signature of the Secretary.
| ||||||
7 | (225 ILCS 41/15-20)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
9 | Sec. 15-20. Transcript; record of proceedings ; rehearing . | ||||||
10 | The
Department, at its expense, shall provide a stenographer
to | ||||||
11 | take down the testimony and preserve a record of all | ||||||
12 | proceedings at the formal
hearing of any case where a license | ||||||
13 | is revoked, suspended
or subjected to any other disciplinary | ||||||
14 | action . The notice of hearing,
complaint and all other | ||||||
15 | documents in the nature of pleadings and written
motions filed | ||||||
16 | in the proceedings, the transcript of testimony, the report
of | ||||||
17 | the Board and the orders of the Department shall be the record | ||||||
18 | of
the proceedings. The Department shall furnish a transcript | ||||||
19 | of
the record to any person interested in the hearing upon | ||||||
20 | payment of
the actual cost of making the transcript.
| ||||||
21 | The record of all proceedings at the hearing shall be | ||||||
22 | submitted for review
to the Board, which shall present to the | ||||||
23 | Director a written report of its
findings and recommendations | ||||||
24 | based solely upon the record. The report of
findings and |
| |||||||
| |||||||
1 | recommendations of the Board shall be the basis for the
| ||||||
2 | Department's order unless the Director determines that the | ||||||
3 | Board findings and
recommendations are contrary to the manifest | ||||||
4 | weight of the evidence. A copy of
that report and the | ||||||
5 | Department's order shall be served upon the accused person,
| ||||||
6 | either personally, or by registered or certified mail to the | ||||||
7 | address specified
by the licensee in his last notification to | ||||||
8 | the Director. Within 20 days after
service, the accused person | ||||||
9 | may present to the Department his or her motion in
writing for | ||||||
10 | a rehearing, which shall specify the particular grounds for
| ||||||
11 | rehearing. If the accused person orders and pays for a | ||||||
12 | transcript of the record
as provided in this Act, the time | ||||||
13 | elapsing thereafter and before the transcript
is ready for | ||||||
14 | delivery shall not be counted as part of the 20 days.
| ||||||
15 | Whenever the Director is not satisfied that substantial | ||||||
16 | justice has been
done, he or she may order a rehearing by the | ||||||
17 | same or another hearing officer.
At the expiration of the time | ||||||
18 | specified for filing a motion for a rehearing
the Director | ||||||
19 | shall have the right to take the action contained in the order.
| ||||||
20 | Upon the suspension or revocation of a license, the licensee | ||||||
21 | shall
be required to surrender the license to the Department, | ||||||
22 | and
upon failure or refusal to do so, the Department has the | ||||||
23 | right to
seize the license.
| ||||||
24 | At any time after the suspension or revocation of any | ||||||
25 | license, the
Department may restore it to the accused person | ||||||
26 | without examination.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-966 .)
| ||||||
2 | (225 ILCS 41/15-21 new) | ||||||
3 | (Section scheduled to be repealed on January 1, 2013) | ||||||
4 | Sec. 15-21. Findings and recommendations. At the | ||||||
5 | conclusion of the hearing, the Board shall present to the | ||||||
6 | Secretary a written report of its findings of fact, conclusions | ||||||
7 | of law, and recommendations. The report shall contain a finding | ||||||
8 | whether or not the accused person violated this Code or its | ||||||
9 | rules or failed to comply with the conditions required in this | ||||||
10 | Code or its rules. The Board shall specify the nature of any | ||||||
11 | violations or failure to comply and shall make its | ||||||
12 | recommendations to the Secretary. In making recommendations | ||||||
13 | for any disciplinary actions, the Board may take into | ||||||
14 | consideration all facts and circumstances bearing upon the | ||||||
15 | reasonableness of the conduct of the accused and the potential | ||||||
16 | for future harm to the public, including, but not limited to, | ||||||
17 | previous discipline of the accused by the Department, intent, | ||||||
18 | degree of harm to the public and likelihood of harm in the | ||||||
19 | future, any restitution made by the accused, and whether the | ||||||
20 | incident or incidents contained in the complaint appear to be | ||||||
21 | isolated or represent a continuing pattern of conduct. In | ||||||
22 | making its recommendations for discipline, the Board shall | ||||||
23 | endeavor to ensure that the severity of the discipline | ||||||
24 | recommended is reasonably related to the severity of the | ||||||
25 | violation. |
| |||||||
| |||||||
1 | The report of findings of fact, conclusions of law, and | ||||||
2 | recommendation of the Board shall be the basis for the | ||||||
3 | Department's order refusing to issue, restore, or renew a | ||||||
4 | license, or otherwise discipline a licensee. If the Secretary | ||||||
5 | disagrees with the recommendations of the Board, then the | ||||||
6 | Secretary may issue an order in contravention of the Board | ||||||
7 | recommendations. The finding is not admissible in evidence | ||||||
8 | against the person in a criminal prosecution brought for a | ||||||
9 | violation of this Code, but the hearing and finding are not a | ||||||
10 | bar to a criminal prosecution brought for a violation of this | ||||||
11 | Code. | ||||||
12 | (225 ILCS 41/15-22 new) | ||||||
13 | (Section scheduled to be repealed on January 1, 2013) | ||||||
14 | Sec. 15-22. Rehearing; Secretary rehearing. At the | ||||||
15 | conclusion of the hearing, a copy of the Board's report shall | ||||||
16 | be served upon the applicant or licensee by the Department, | ||||||
17 | either personally or as provided in this Code for the service | ||||||
18 | of a notice of hearing. Within 20 days after service, the | ||||||
19 | applicant or licensee may present to the Department a motion in | ||||||
20 | writing for a rehearing, which shall specify the particular | ||||||
21 | grounds for rehearing. The Department may respond to the motion | ||||||
22 | for rehearing within 20 days after its service on the | ||||||
23 | Department. If no motion for rehearing is filed, then upon the | ||||||
24 | expiration of the time specified for filing such a motion, or | ||||||
25 | if a motion for rehearing is denied, then upon denial, the |
| |||||||
| |||||||
1 | Secretary may enter an order in accordance with recommendations | ||||||
2 | of the Board except as provided in Section 120 of this Code. If | ||||||
3 | the applicant or licensee orders from the reporting service and | ||||||
4 | pays for a transcript of the record within the time for filing | ||||||
5 | a motion for rehearing, the 20-day period within which a motion | ||||||
6 | may be filed shall commence upon the delivery of the transcript | ||||||
7 | to the applicant or licensee. | ||||||
8 | If the Secretary believes that substantial justice has not | ||||||
9 | been done in the revocation, suspension, or refusal to issue, | ||||||
10 | restore, or renew a license, or other discipline of an | ||||||
11 | applicant or licensee, then the Secretary may order a rehearing | ||||||
12 | by the same or other examiners.
| ||||||
13 | (225 ILCS 41/15-30)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
15 | Sec. 15-30. Mental incompetence; suspension. The entry of a | ||||||
16 | judgment by any
court of competent jurisdiction establishing | ||||||
17 | the mental incompetence of any
person holding a license under | ||||||
18 | this Code Act operates as a suspension of that
person's | ||||||
19 | license. The person may resume his or her practice only upon a | ||||||
20 | finding
by a court of competent jurisdiction that the person | ||||||
21 | has recovered mental
capacity.
| ||||||
22 | (Source: P.A. 87-966 .)
| ||||||
23 | (225 ILCS 41/15-35)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2013)
|
| |||||||
| |||||||
1 | Sec. 15-35. Administrative Review Law. | ||||||
2 | (a) All final administrative decisions of
the Department | ||||||
3 | shall be subject to judicial review under the Administrative
| ||||||
4 | Review Law and its rules. The term "administrative decision" is | ||||||
5 | defined as in
Section 3-101 of the Code of Civil Procedure.
| ||||||
6 | (b) Proceedings for judicial review shall be commenced in | ||||||
7 | the circuit court of the county in which the party applying for | ||||||
8 | review resides, but if the party is not a resident of Illinois, | ||||||
9 | then the venue shall be in Sangamon County. | ||||||
10 | (Source: P.A. 87-966 .)
| ||||||
11 | (225 ILCS 41/15-40)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
13 | Sec. 15-40. Certification of record; receipt. The | ||||||
14 | Department shall not be
required to certify any record to the | ||||||
15 | court , to file an answer in court, or file any answer in court | ||||||
16 | or
to otherwise appear in any court in a judicial review | ||||||
17 | proceeding unless and until the Department has received from | ||||||
18 | the plaintiff payment of the costs of furnishing and certifying | ||||||
19 | the record, which costs shall be determined by the Department | ||||||
20 | there is
filed in the Court with the complaint a receipt from | ||||||
21 | the Department
acknowledging payment of the costs of furnishing | ||||||
22 | and certifying the record .
Exhibits shall be certified without | ||||||
23 | cost. Failure on the part of the Plaintiff
to file a receipt in | ||||||
24 | court shall be grounds for dismissal of the action.
| ||||||
25 | (Source: P.A. 87-966 .)
|
| |||||||
| |||||||
1 | (225 ILCS 41/15-41 new) | ||||||
2 | (Section scheduled to be repealed on January 1, 2013) | ||||||
3 | Sec. 15-41. Order or certified copy; prima facie proof. An | ||||||
4 | order or certified copy thereof, over the seal of the | ||||||
5 | Department and purporting to be signed by the Secretary, is | ||||||
6 | prima facie proof that: | ||||||
7 | (1) the signature is the genuine signature of the | ||||||
8 | Secretary; | ||||||
9 | (2) the Secretary is duly appointed and qualified; and | ||||||
10 | (3) the hearing officer is qualified to act.
| ||||||
11 | (225 ILCS 41/15-45)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
13 | Sec. 15-45.
Practice without license; injunction; cease | ||||||
14 | and desist order;
civil penalties.
| ||||||
15 | (a) The practice of funeral
directing and embalming or | ||||||
16 | funeral directing by any person who has not been
issued a | ||||||
17 | license by the Department, whose license has been suspended or
| ||||||
18 | revoked, or whose license has not been renewed is hereby | ||||||
19 | declared to be
inimical to the public welfare and to constitute | ||||||
20 | a public nuisance. The
Secretary Director of Financial and | ||||||
21 | Professional Regulation may, in the name of the People of the | ||||||
22 | State
of Illinois through the Attorney General of the State of | ||||||
23 | Illinois, or the
State's Attorney of any county in the State of | ||||||
24 | Illinois, apply for an
injunction in the circuit court to |
| |||||||
| |||||||
1 | enjoin any person who has not been issued a
license or whose | ||||||
2 | license has been suspended or revoked, or whose license has
not | ||||||
3 | been renewed, from practicing funeral directing and embalming | ||||||
4 | or funeral
directing. Upon the filing of a verified complaint | ||||||
5 | in court, the court, if
satisfied by affidavit or otherwise | ||||||
6 | that the person is or has
been practicing funeral directing and | ||||||
7 | embalming or funeral directing without
having been issued a | ||||||
8 | license or after his or her license has been suspended,
| ||||||
9 | revoked, or not renewed, may issue a temporary restraining | ||||||
10 | order or preliminary
injunction, without notice or bond, | ||||||
11 | enjoining the defendant from further
practicing funeral | ||||||
12 | directing and embalming or funeral directing. A copy of the
| ||||||
13 | verified complaint shall be served upon the defendant and the | ||||||
14 | proceedings shall
thereafter be conducted as in other civil | ||||||
15 | cases. If it is established that the
defendant has been or is | ||||||
16 | practicing funeral directing and embalming or funeral
| ||||||
17 | directing without having been issued a license or has been or | ||||||
18 | is practicing
funeral directing and embalming or funeral | ||||||
19 | directing after his or her license
has been suspended, revoked, | ||||||
20 | or not renewed, the court may enter a judgment
perpetually | ||||||
21 | enjoining the defendant from further practicing funeral | ||||||
22 | directing
and embalming or funeral directing. In case of | ||||||
23 | violation of any injunction
entered under this Section, the | ||||||
24 | court may summarily try and punish the offender
for contempt of | ||||||
25 | court. Any injunction proceeding shall be in addition to, and
| ||||||
26 | not in lieu of, all penalties and other remedies in this Code.
|
| |||||||
| |||||||
1 | (b) In addition to the other penalties and remedies | ||||||
2 | provided in this Code, the Department may bring a civil action | ||||||
3 | in the county in which the funeral establishment is located | ||||||
4 | against a licensee or any other person to enjoin any violation | ||||||
5 | or threatened violation of this Code. Whenever, in the opinion | ||||||
6 | of the Department, any person or other entity
violates any | ||||||
7 | provision of this Act, the Department may issue a notice to | ||||||
8 | show
cause why an order to cease and desist should not be | ||||||
9 | entered against that
person or other entity. The rule shall | ||||||
10 | clearly set forth the grounds relied
upon
by the Department and | ||||||
11 | shall provide a period of 7 days from the date of the
rule to | ||||||
12 | file an answer to the satisfaction of the Department. Failure | ||||||
13 | to answer
to the satisfaction of the Department shall cause an | ||||||
14 | order to cease and desist
to be issued immediately.
| ||||||
15 | (c) (1) In addition to any other penalty provided by law, | ||||||
16 | any person, sole
proprietorship, professional service | ||||||
17 | corporation, limited liability company,
partnership, or other | ||||||
18 | entity that violates Section 1-15 or 1-20 of this Code Act
| ||||||
19 | shall forfeit and pay to the General Professions Dedicated Fund | ||||||
20 | a civil penalty
in an amount determined by the Department not | ||||||
21 | to exceed of not more than $10,000 for each violation
offense . | ||||||
22 | The penalty shall be assessed in proceedings as provided in | ||||||
23 | Sections
15-10 through 15-40 of this Code Act .
| ||||||
24 | (d) (2) Unless the amount of the penalty is paid within 60 | ||||||
25 | days after the
order becomes final, the order shall constitute | ||||||
26 | a judgment judgement and shall be filed
and execution issued |
| |||||||
| |||||||
1 | thereon in the same manner as the judgment judgement of a court | ||||||
2 | of
record.
| ||||||
3 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
4 | (225 ILCS 41/15-46 new) | ||||||
5 | (Section scheduled to be repealed on January 1, 2013) | ||||||
6 | Sec. 15-46. Cease and desist order. | ||||||
7 | (a) The Secretary may issue an order to cease and desist to | ||||||
8 | any licensee or other person doing business without the | ||||||
9 | required license when, in the opinion of the Secretary, the | ||||||
10 | licensee or other person is violating or is about to violate | ||||||
11 | any provision of this Code or any rule or requirement imposed | ||||||
12 | in writing by the Department. | ||||||
13 | (b) The Secretary may issue an order to cease and desist | ||||||
14 | prior to a hearing and such order shall be in full force and | ||||||
15 | effect until a final administrative order is entered. | ||||||
16 | (c) The Secretary shall serve notice of his or her action, | ||||||
17 | designated as an order to cease and desist made pursuant to | ||||||
18 | this Section, including a statement of the reasons for the | ||||||
19 | action, either personally or by certified mail, return receipt | ||||||
20 | requested. Service by certified mail shall be deemed completed | ||||||
21 | when the notice is deposited in the United States mail and sent | ||||||
22 | to the address of record or, in the case of unlicensed | ||||||
23 | activity, the address known to the Department. | ||||||
24 | (d) Within 15 days after service of the order to cease and | ||||||
25 | desist, the licensee or other person may request, in writing, a |
| |||||||
| |||||||
1 | hearing. | ||||||
2 | (e) The Secretary shall schedule a hearing within 30 days | ||||||
3 | after the request for a hearing unless otherwise agreed to by | ||||||
4 | the parties. | ||||||
5 | (f) The Secretary shall have the authority to prescribe | ||||||
6 | rules for the administration of this Section. | ||||||
7 | (g) If, after hearing, it is determined that the Secretary | ||||||
8 | has the authority to issue the order to cease and desist, he or | ||||||
9 | she may issue such orders as may be reasonably necessary to | ||||||
10 | correct, eliminate, or remedy such conduct. | ||||||
11 | (h) The powers vested in the Secretary by this Section are | ||||||
12 | in addition to any and all other powers and remedies vested in | ||||||
13 | the Secretary by law, and nothing in this Section shall be | ||||||
14 | construed as requiring that the Secretary employ the power | ||||||
15 | conferred in this Section instead of or as a condition | ||||||
16 | precedent to the exercise of any other power or remedy vested | ||||||
17 | in the Secretary. | ||||||
18 | (i) The cost for the administrative hearing shall be set by | ||||||
19 | rule.
| ||||||
20 | (225 ILCS 41/15-50)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
22 | Sec. 15-50. Practice by corporation, partnership, or | ||||||
23 | association. No
corporation, partnership or association of | ||||||
24 | individuals, as such, shall be
issued a license as a licensed | ||||||
25 | funeral director and embalmer or licensed
funeral director, nor |
| |||||||
| |||||||
1 | shall any corporation, partnership, firm or association
of | ||||||
2 | individuals, or any individual connected therewith, publicly | ||||||
3 | advertise any
corporation, partnership or association of | ||||||
4 | individuals as being licensed
funeral directors and embalmers | ||||||
5 | or licensed funeral directors. Nevertheless,
nothing in this | ||||||
6 | Code Act shall restrict licensees from forming professional | ||||||
7 | service
corporations under the Professional Service | ||||||
8 | Corporation Act or from having
these corporations registered | ||||||
9 | for the practice of funeral directing.
| ||||||
10 | No licensee, and no partnership or association of | ||||||
11 | licensees, formed
since July 1, 1935, shall engage in the | ||||||
12 | practice of funeral directing
and embalming or funeral | ||||||
13 | directing under a trade name or
partnership or firm name unless | ||||||
14 | in the use and advertising of the trade
name, partnership or | ||||||
15 | firm name there is published in connection with the
advertising | ||||||
16 | the name of the owner or owners as the owner or owners.
| ||||||
17 | (Source: P.A. 87-966 .)
| ||||||
18 | (225 ILCS 41/15-55)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
20 | Sec. 15-55. Preparation room. The Department shall require | ||||||
21 | that each fixed
place of practice or establishment devoted to | ||||||
22 | the care and preparation for
burial or for transportation of | ||||||
23 | deceased human bodies maintain a preparation
room properly | ||||||
24 | equipped with necessary drainage and ventilation facilities | ||||||
25 | and
containing instruments and supplies necessary for the |
| |||||||
| |||||||
1 | preparation and embalming
of deceased human bodies for burial | ||||||
2 | or transportation.
Branch operations of main funeral | ||||||
3 | businesses having a preparation room and
located in the State | ||||||
4 | of Illinois are exempt from the requirements of this
Section. | ||||||
5 | The Department may adopt rules for all preparation room | ||||||
6 | equipment and facility requirements.
| ||||||
7 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
8 | (225 ILCS 41/15-65)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
10 | Sec. 15-65. Fees. The Department shall provide by rule for | ||||||
11 | a schedule of
fees for the administration and enforcement of | ||||||
12 | this Code Act , including but not
limited to original licensure, | ||||||
13 | renewal, and restoration. The fees shall be
nonrefundable.
| ||||||
14 | All fees collected under this Code Act shall be deposited | ||||||
15 | into the
General Professions Dedicated Fund and shall be | ||||||
16 | appropriated to the Department
for the ordinary and contingent | ||||||
17 | expenses of the Department in the
administration of this Code | ||||||
18 | Act .
| ||||||
19 | (Source: P.A. 91-454, eff. 1-1-00 .)
| ||||||
20 | (225 ILCS 41/15-70)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
22 | Sec. 15-70. Returned checks; fines. Any person who delivers | ||||||
23 | a check or other payment to the Department that
is returned to | ||||||
24 | the Department unpaid by the financial institution upon
which |
| |||||||
| |||||||
1 | it is drawn shall pay to the Department, in addition to the | ||||||
2 | amount
already owed to the Department, a fine of $50. The fines | ||||||
3 | imposed by this
Section are in addition
to any other discipline | ||||||
4 | provided under this Code Act for unlicensed
practice or | ||||||
5 | practice on a nonrenewed license. The Department shall notify
| ||||||
6 | the person that payment of fees and fines shall be paid to the | ||||||
7 | Department
by certified check or money order within 30 calendar | ||||||
8 | days of the
notification. If, after the expiration of 30 days | ||||||
9 | from the date of the
notification, the person has failed to | ||||||
10 | submit the necessary remittance, the
Department shall | ||||||
11 | automatically terminate the license or certificate or deny
the | ||||||
12 | application, without hearing. If, after termination or denial, | ||||||
13 | the
person seeks a license or certificate, he or she shall | ||||||
14 | apply to the
Department for restoration or issuance of the | ||||||
15 | license or certificate and
pay all fees and fines due to the | ||||||
16 | Department. The Department may establish
a fee for the | ||||||
17 | processing of an application for restoration of a license or
| ||||||
18 | certificate to pay all expenses of processing this application. | ||||||
19 | The Secretary Director
may waive the fines due under this | ||||||
20 | Section in individual cases where the Secretary
Director finds | ||||||
21 | that the fines would be unreasonable or unnecessarily
| ||||||
22 | burdensome.
| ||||||
23 | (Source: P.A. 92-146, eff. 1-1-02 .)
| ||||||
24 | (225 ILCS 41/15-71)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2013)
|
| |||||||
| |||||||
1 | Sec. 15-71. Deposit of fees and fines. Beginning July 1, | ||||||
2 | 1995, all of the
fees
and
fines collected under this Code Act | ||||||
3 | shall be deposited into the General Professions
Dedicated Fund.
| ||||||
4 | (Source: P.A. 88-683, eff. 1-24-95 .)
| ||||||
5 | (225 ILCS 41/15-75)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
7 | Sec. 15-75. Violations; grounds for discipline; penalties. | ||||||
8 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||
9 | the first offense, and a Class 4 felony for each subsequent | ||||||
10 | offense.
These penalties shall also apply to unlicensed owners | ||||||
11 | of funeral homes.
| ||||||
12 | (1) Practicing the profession of funeral directing and | ||||||
13 | embalming or
funeral directing, or attempting to practice | ||||||
14 | the profession of funeral
directing and embalming or | ||||||
15 | funeral directing without a license as a licensed
funeral | ||||||
16 | director and embalmer or funeral director.
| ||||||
17 | (2) Serving as an intern under a licensed funeral
| ||||||
18 | director
and embalmer or
attempting to serve as an intern | ||||||
19 | under a licensed funeral
director and embalmer
without a | ||||||
20 | license as a licensed funeral director and embalmer intern.
| ||||||
21 | (3) Obtaining or attempting to obtain a license, | ||||||
22 | practice or business,
or any other thing of value, by fraud | ||||||
23 | or misrepresentation.
| ||||||
24 | (4) Permitting any person in one's employ, under one's | ||||||
25 | control or in or
under one's service to serve as a funeral |
| |||||||
| |||||||
1 | director and embalmer, funeral
director, or funeral | ||||||
2 | director and embalmer intern when the
person does not have | ||||||
3 | the appropriate license.
| ||||||
4 | (5) Failing to display a license as required by this | ||||||
5 | Code.
| ||||||
6 | (6) Giving false information or making a false oath or | ||||||
7 | affidavit
required by this Code.
| ||||||
8 | (b) The Department may refuse to issue or renew a license | ||||||
9 | or may revoke, suspend, place on probation, reprimand, or take | ||||||
10 | other disciplinary action as the Department may deem | ||||||
11 | appropriate, including imposing fines not to exceed $10,000 for | ||||||
12 | each violation, with regard to any license under the Code for | ||||||
13 | any one or combination of the following: Each of the following | ||||||
14 | acts or actions is a violation of this Code for
which the | ||||||
15 | Department may refuse to issue or renew, or may suspend or | ||||||
16 | revoke
any license or may take any disciplinary action as the | ||||||
17 | Department may deem
proper including fines not to exceed $1,000 | ||||||
18 | for each violation.
| ||||||
19 | (1) Obtaining or attempting to obtain a license by | ||||||
20 | fraud or
misrepresentation.
| ||||||
21 | (2) Conviction in this State or another state of any | ||||||
22 | crime that is a
felony or misdemeanor under the laws of | ||||||
23 | this State or conviction of a
felony or misdemeanor in a | ||||||
24 | federal
court.
| ||||||
25 | (3) Violation of the laws of this State relating to the | ||||||
26 | funeral, burial
or disposal of deceased human bodies or of |
| |||||||
| |||||||
1 | the rules and regulations of the
Department, or the | ||||||
2 | Department of Public Health.
| ||||||
3 | (4) Directly or indirectly paying or causing to be paid | ||||||
4 | any sum of money
or other valuable consideration for the | ||||||
5 | securing of business or for
obtaining authority to dispose | ||||||
6 | of any deceased human body.
| ||||||
7 | (5) Professional incompetence, gross malpractice, | ||||||
8 | Incompetence or untrustworthiness in the practice of | ||||||
9 | funeral
directing and embalming or funeral directing.
| ||||||
10 | (6) False or misleading advertising as a funeral | ||||||
11 | director and embalmer
or funeral director, or advertising | ||||||
12 | or using the name of a person other than
the holder of a | ||||||
13 | license in connection with any service being rendered in | ||||||
14 | the
practice of funeral directing and embalming or funeral | ||||||
15 | directing. Nothing in
this paragraph shall prevent | ||||||
16 | including the name of any owner, officer or
corporate | ||||||
17 | director of a funeral business who is not a licensee in
any | ||||||
18 | advertisement
used by a funeral home with which the | ||||||
19 | individual is affiliated if the
advertisement specifies | ||||||
20 | the individual's affiliation with the funeral home.
| ||||||
21 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
22 | contracts, burial
certificates, or burial insurance | ||||||
23 | policies in connection with the
profession as a funeral | ||||||
24 | director and embalmer, funeral director, or funeral
| ||||||
25 | director and embalmer intern in violation of any laws of | ||||||
26 | the
State
of Illinois.
|
| |||||||
| |||||||
1 | (8) Refusing, without cause, to surrender the custody | ||||||
2 | of a deceased
human body upon the proper request of the | ||||||
3 | person or persons lawfully
entitled to the custody of the | ||||||
4 | body.
| ||||||
5 | (9) Taking undue advantage of a client or clients as to | ||||||
6 | amount to the
perpetration of fraud.
| ||||||
7 | (10) Engaging in funeral directing and embalming or | ||||||
8 | funeral
directing without a license.
| ||||||
9 | (11) Encouraging, requesting, or suggesting by a | ||||||
10 | licensee or some person
working on his behalf and with his | ||||||
11 | consent for compensation that a person
utilize the services | ||||||
12 | of a certain funeral director and embalmer, funeral
| ||||||
13 | director, or funeral establishment unless that information | ||||||
14 | has
been expressly requested by the person. This does not | ||||||
15 | prohibit general
advertising or pre-need solicitation.
| ||||||
16 | (12) Making or causing to be made any false or | ||||||
17 | misleading statements
about the laws concerning the | ||||||
18 | disposal of human remains, including, but not
limited to, | ||||||
19 | the need to embalm, the need for a casket for cremation or | ||||||
20 | the
need for an outer burial container.
| ||||||
21 | (13) Continued practice by a person having an | ||||||
22 | infectious or contagious disease.
| ||||||
23 | (14) Embalming or attempting to embalm a deceased human | ||||||
24 | body without
express prior authorization of the person | ||||||
25 | responsible for making the
funeral arrangements for the | ||||||
26 | body. This does not apply to cases where
embalming is |
| |||||||
| |||||||
1 | directed by local authorities who have jurisdiction or when
| ||||||
2 | embalming is required by State or local law.
| ||||||
3 | (15) Making a false statement on a Certificate of Death | ||||||
4 | where the
person making the statement knew or should have | ||||||
5 | known that the statement
was false.
| ||||||
6 | (16) Soliciting human bodies after death or while death | ||||||
7 | is imminent.
| ||||||
8 | (17) Performing any act or practice that is a violation
| ||||||
9 | of this Code, the rules for the administration of this | ||||||
10 | Code, or any
federal,
State or local laws, rules, or | ||||||
11 | regulations
governing the practice of funeral directing or | ||||||
12 | embalming.
| ||||||
13 | (18) Performing any act or practice that is a violation | ||||||
14 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
15 | Practices Act.
| ||||||
16 | (19) Engaging in unethical or unprofessional conduct | ||||||
17 | of a character
likely to deceive, defraud or harm the | ||||||
18 | public.
| ||||||
19 | (20) Taking possession of a dead human body without | ||||||
20 | having first
obtained express permission from next of kin | ||||||
21 | or a public agency legally
authorized to direct, control or | ||||||
22 | permit the removal of deceased human bodies.
| ||||||
23 | (21) Advertising in a false or misleading manner or | ||||||
24 | advertising using
the name of an unlicensed person in | ||||||
25 | connection with any service being
rendered in the practice | ||||||
26 | of funeral directing or funeral directing and
embalming. |
| |||||||
| |||||||
1 | The use of any name of an unlicensed or unregistered person | ||||||
2 | in
an advertisement so as to imply that the person will | ||||||
3 | perform services is
considered misleading advertising. | ||||||
4 | Nothing in this paragraph shall prevent
including the name | ||||||
5 | of any owner, officer or corporate director of a funeral
| ||||||
6 | home, who is not a licensee, in any advertisement used by a | ||||||
7 | funeral home
with which the individual is affiliated, if | ||||||
8 | the advertisement specifies
the individual's affiliation | ||||||
9 | with the funeral home.
| ||||||
10 | (22) Directly or indirectly receiving compensation for | ||||||
11 | 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 that | ||||||
14 | comes into a licensee's possession.
| ||||||
15 | (24) Treating any person differently to his detriment | ||||||
16 | because of
race, color, creed, gender, religion, or | ||||||
17 | national origin.
| ||||||
18 | (25) Knowingly making any false statements, oral or | ||||||
19 | otherwise, of a
character likely to influence, persuade or | ||||||
20 | 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 embalming.
| ||||||
24 | (27) Failing to acquire continuing education required | ||||||
25 | under this Code.
| ||||||
26 | (28) Violations of this Code or of the rules adopted |
| |||||||
| |||||||
1 | pursuant to this Code. | ||||||
2 | (29) Aiding or assisting another person in violating | ||||||
3 | any provision of this Code or rules adopted pursuant to | ||||||
4 | this Code. | ||||||
5 | (30) Failing, within 10 days, to provide information in | ||||||
6 | response to a written request made by the Department. | ||||||
7 | (31) Discipline by another state, District of | ||||||
8 | Columbia, territory, or foreign nation, if at least one of | ||||||
9 | the grounds for the discipline is the same or substantially | ||||||
10 | equivalent to those set forth in this Section. | ||||||
11 | (32) Directly or indirectly giving to or receiving from | ||||||
12 | any person, firm, corporation, partnership, or association | ||||||
13 | any fee, commission, rebate, or other form of compensation | ||||||
14 | for professional services not actually or personally | ||||||
15 | rendered. | ||||||
16 | (33) A finding by the Department that the licensee, | ||||||
17 | after having his or her license placed on probationary | ||||||
18 | status, has violated the terms of probation. | ||||||
19 | (34) Inability to practice the profession with | ||||||
20 | reasonable judgment, skill, or safety. | ||||||
21 | (35) Gross, willful, or continued overcharging for | ||||||
22 | professional services, including filing false statements | ||||||
23 | for collection of fees for which services are not rendered. | ||||||
24 | (36) A pattern of practice or other behavior that | ||||||
25 | demonstrates incapacity or incompetence to practice under | ||||||
26 | this Code.
|
| |||||||
| |||||||
1 | (37) (28) Failing to comply with any of the following | ||||||
2 | required activities:
| ||||||
3 | (A) When reasonably possible, a licensee or anyone | ||||||
4 | acting on his or
her behalf shall obtain the express | ||||||
5 | authorization of the person or persons
responsible for | ||||||
6 | making the funeral arrangements for a deceased human | ||||||
7 | body
prior to removing a body from the place of death | ||||||
8 | or any place it may be or
embalming or attempting to | ||||||
9 | embalm a deceased human body, unless required by
State | ||||||
10 | or local law. This requirement is waived whenever | ||||||
11 | removal or
embalming is directed by local authorities | ||||||
12 | who have jurisdiction.
If the responsibility for the | ||||||
13 | handling of the remains lawfully falls under
the | ||||||
14 | jurisdiction of a public agency, then the regulations | ||||||
15 | of the public
agency shall prevail.
| ||||||
16 | (B) A licensee shall clearly mark the price of any | ||||||
17 | casket offered for
sale or the price of any service | ||||||
18 | using the casket on or in the casket if
the casket is | ||||||
19 | displayed at the funeral establishment. If the casket | ||||||
20 | is
displayed at any other location, regardless of | ||||||
21 | whether the licensee is in
control of that location, | ||||||
22 | the casket shall be clearly marked and the
registrant | ||||||
23 | shall use books, catalogues, brochures, or other | ||||||
24 | printed display
aids to show the price of each casket | ||||||
25 | or service.
| ||||||
26 | (C) At the time funeral arrangements are made and |
| |||||||
| |||||||
1 | prior to rendering the
funeral services, a licensee | ||||||
2 | shall furnish a written statement of services to be
| ||||||
3 | retained by the person or persons making the funeral | ||||||
4 | arrangements, signed
by both parties, that shall | ||||||
5 | contain: (i) the name, address and telephone number
of | ||||||
6 | the funeral establishment and the date on which the | ||||||
7 | arrangements were made;
(ii) the price of the service | ||||||
8 | selected and the services and merchandise
included for | ||||||
9 | that price; (iii) a clear disclosure that the person or | ||||||
10 | persons
making the arrangement may decline and receive | ||||||
11 | credit for any service or
merchandise not desired and | ||||||
12 | not required by law or the funeral director or the
| ||||||
13 | funeral director and embalmer; (iv) the supplemental | ||||||
14 | items of service and
merchandise requested and the | ||||||
15 | price of each item; (v) the terms or method of
payment | ||||||
16 | agreed upon; and (vi) a statement as to any monetary | ||||||
17 | advances made by
the registrant on behalf of the | ||||||
18 | family. The licensee shall maintain a copy of the | ||||||
19 | written statement of services in its permanent | ||||||
20 | records. All written statements of services are | ||||||
21 | subject to inspection by the Department. | ||||||
22 | (D) In all instances where the place of final | ||||||
23 | disposition of a deceased human body or the cremated | ||||||
24 | remains of a deceased human body is a cemetery, the | ||||||
25 | licensed funeral director and embalmer, or licensed | ||||||
26 | funeral director, who has been engaged to provide |
| |||||||
| |||||||
1 | funeral or embalming services shall remain at the | ||||||
2 | cemetery and personally witness the burial of the | ||||||
3 | deceased human body or the cremated remains of the | ||||||
4 | deceased human body or the sealing of the above ground | ||||||
5 | depository, crypt, or urn. If the cemetery authority, | ||||||
6 | cemetery manager, or any other agent of the cemetery | ||||||
7 | takes any action that prevents compliance with this | ||||||
8 | paragraph (D), then the funeral director and embalmer | ||||||
9 | or funeral director shall provide written notice to the | ||||||
10 | Department within 5 business days after failing to | ||||||
11 | comply. If the Department receives this notice, then | ||||||
12 | the Department shall not take any disciplinary action | ||||||
13 | against the funeral director and embalmer or funeral | ||||||
14 | director for a violation of this paragraph (D) unless | ||||||
15 | the Department finds that the cemetery authority, | ||||||
16 | manager, or any other agent of the cemetery did not | ||||||
17 | prevent the funeral director and embalmer or funeral | ||||||
18 | director from complying with this paragraph (D) as | ||||||
19 | claimed in the written notice. | ||||||
20 | (E) A funeral director and embalmer shall fully | ||||||
21 | complete the portion of the Certificate of Death under | ||||||
22 | the responsibility of the funeral director and | ||||||
23 | embalmer and provide all required information. In the | ||||||
24 | event that any reported information subsequently | ||||||
25 | changes or proves incorrect, a funeral director and | ||||||
26 | embalmer shall immediately upon learning the correct |
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1 | information correct the Certificate of Death.
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2 | (38) (29) A finding by the Department that the license, | ||||||
3 | after having his or
her license placed on probationary | ||||||
4 | status or subjected to conditions or
restrictions, | ||||||
5 | violated the terms of the probation or failed to comply | ||||||
6 | with such
terms or conditions.
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7 | (39) (30) Violation of any final administrative action | ||||||
8 | of the Secretary Director .
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9 | (40) (31) Being named as a perpetrator in an indicated | ||||||
10 | report by the Department
of Children and Family Services | ||||||
11 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
12 | and, upon proof by clear and convincing evidence,
being | ||||||
13 | found to have caused a child to be an abused child or | ||||||
14 | neglected child as
defined
in the Abused and Neglected | ||||||
15 | Child Reporting Act.
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16 | (c) The Department may refuse to issue or renew, or may | ||||||
17 | suspend, the license
of any person who fails to file a return, | ||||||
18 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
19 | to pay any final assessment of tax, penalty or
interest as | ||||||
20 | required by any tax Act administered by the Illinois Department | ||||||
21 | of
Revenue, until the time as the requirements of the tax Act | ||||||
22 | are satisfied.
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23 | (d) No action may be taken under this Code against a person | ||||||
24 | licensed under this Code unless the action is commenced within | ||||||
25 | 5 years after the occurrence of the alleged violations. A | ||||||
26 | continuing violation shall be deemed to have occurred on the |
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1 | date when the circumstances last existed that give rise to the | ||||||
2 | alleged violation. | ||||||
3 | (Source: P.A. 93-268, eff. 1-1-04.)
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4 | (225 ILCS 41/15-76 new) | ||||||
5 | (Section scheduled to be repealed on January 1, 2013) | ||||||
6 | Sec. 15-76. Method of payment, receipt. No licensee shall | ||||||
7 | require payment for any goods or services by cash only. Each | ||||||
8 | licensee subject to this Section shall permit payment by at | ||||||
9 | least one other option, including, but not limited to, personal | ||||||
10 | check, cashier's check, money order, or credit or debit card. | ||||||
11 | In addition to the statement of services for the sale of | ||||||
12 | funeral goods and services, the licensee shall provide a | ||||||
13 | receipt to the consumer upon payment in part or in full, | ||||||
14 | whatever the case may be.
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15 | (225 ILCS 41/15-85)
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16 | (Section scheduled to be repealed on January 1, 2013)
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17 | Sec. 15-85.
Duties of public institution; regulation by | ||||||
18 | local
government. No provision of this Code shall apply to, or | ||||||
19 | in any way interfere
with, the duties of any officer of any | ||||||
20 | public institution; nor with the duties
of any officer of a | ||||||
21 | medical college, county medical society, anatomical
| ||||||
22 | association, college of embalming, or any other recognized | ||||||
23 | person carrying out
the laws of the State of Illinois | ||||||
24 | prescribing the conditions under which
indigent dead human |
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1 | bodies are held subject for scientific or anatomical study;
nor | ||||||
2 | with the customs or rites of any religious sect in the burial | ||||||
3 | of their
dead.
| ||||||
4 | Nothing in this Code shall have the effect of limiting the | ||||||
5 | power of
cities and villages to tax, license and regulate | ||||||
6 | funeral directors,
undertakers and undertaking establishments | ||||||
7 | as may be authorized from time
to time by general law.
| ||||||
8 | (Source: P.A. 87-966 .)
| ||||||
9 | (225 ILCS 41/15-100 new) | ||||||
10 | (Section scheduled to be repealed on January 1, 2013) | ||||||
11 | Sec. 15-100. Conflict of interest. No investigator may
hold | ||||||
12 | an active license issued pursuant to this Code, nor may an | ||||||
13 | investigator have a financial interest in a business licensed | ||||||
14 | under this Code. Any individual licensed under this Code who is | ||||||
15 | employed by the Department shall surrender his or her license | ||||||
16 | to the Department for the duration of that employment. The | ||||||
17 | licensee shall be exempt from all renewal fees while employed | ||||||
18 | by the Department. | ||||||
19 | (225 ILCS 41/15-105 new) | ||||||
20 | (Section scheduled to be repealed on January 1, 2013) | ||||||
21 | Sec. 15-105. Civil Administrative Code. The Department | ||||||
22 | shall exercise the powers and duties prescribed by the Civil | ||||||
23 | Administrative Code of Illinois and shall exercise all other | ||||||
24 | powers and duties set forth in this Code. |
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1 | (225 ILCS 41/15-110 new) | ||||||
2 | (Section scheduled to be repealed on January 1, 2013) | ||||||
3 | Sec. 15-110. Rules. The Department may adopt rules for the | ||||||
4 | administration and enforcement of this Code. The rules shall | ||||||
5 | include standards for licensure, professional conduct, and | ||||||
6 | discipline.
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7 | (225 ILCS 41/20-15)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
9 | Sec. 20-15. Home rule ; mandates . The regulation and | ||||||
10 | licensing provided for in this Code are exclusive powers and | ||||||
11 | functions of the State. A home rule unit may not regulate or | ||||||
12 | license cemetery authorities, cemetery managers, customer | ||||||
13 | service employees, registered cemetery employees, or any | ||||||
14 | activities relating to the operation of a cemetery. This | ||||||
15 | Section is a denial and limitation of home rule powers and | ||||||
16 | functions under subsection (h) of Section 6 of Article VII of | ||||||
17 | the Illinois Constitution. Nothing in this Code as initially
| ||||||
18 | enacted (i) is a denial or limitation on home rule powers where | ||||||
19 | no denial
or limitation existed under prior law or (ii) creates | ||||||
20 | a State mandate under
the State Mandates Act where no mandate | ||||||
21 | existed under prior law.
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22 | (Source: P.A. 87-966 .)
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23 | (225 ILCS 41/30-1)
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1 | (Section scheduled to be repealed on January 1, 2013)
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2 | Sec. 30-1. This Code Act takes effect January 1, 1993. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 87-966 .)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | becoming law.
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