97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5772

 

Introduced 2/16/2012, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Funeral Directors and Embalmers Licensing Code. Provides that the transportation of deceased human remains that have been donated pursuant to the Illinois Anatomical Gift Act to any authorized donee under that Act shall be under the immediate direct supervision of a licensee. Provides that no exemptions from continuing education requirements shall be granted or recognized after January 1, 2016. Creates a provision concerning the endorsement of a funeral director and embalmer license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of Columbia if specific requirements are met. Provides that the Secretary of the Department of Financial and Professional Regulation may temporarily suspend the license of a licensee without a hearing if the Secretary finds that the public interest, safety, or welfare requires such emergency action. Provides that a person not licensed under the Code who is an owner of a funeral establishment or funeral business shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to offer funeral services or aid, abet, assist, or direct any licensed person contrary to or in violation of any rules or provisions of the Code. Creates a provision concerning the confidentiality of all information collected by the Department in the course of an examination or investigation of a licensee or applicant. Makes other changes. Repeals a provision concerning reciprocity. Amends the Regulatory Sunset Act to extend the Funeral Directors and Embalmers Licensing Code from January 1, 2013 to January 1, 2023. Effective immediately.


LRB097 18992 CEL 64231 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5772LRB097 18992 CEL 64231 b

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 Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January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

 

 

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1Act is repealed on January 1, 2023:
2    The Funeral Directors and Embalmers Licensing Code.
 
3    Section 5. The Funeral Directors and Embalmers Licensing
4Code is amended by changing Sections 1-5, 1-10, 1-15, 1-20,
51-30, 5-15, 10-20, 10-35, 15-5, 15-15, 15-16, 15-20, 15-21,
615-22, 15-25, 15-40, 15-41, 15-45, 15-46, 15-50, 15-65, 15-70,
715-75, 15-76, 15-77, 15-80, 15-91, and 20-15 and by adding
8Sections 5-18, 10-38, 10-43, 15-18, 15-19, and 15-115 as
9follows:
 
10    (225 ILCS 41/1-5)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 1-5. Legislative intent. The practice of funeral
13directing and embalming in the State of Illinois is declared to
14be a practice affecting the public health, safety and welfare
15and subject to regulation and control in the public interest.
16It is further declared to be a matter of public interest and
17concern that the preparation, care and final disposal of a
18deceased human body be attended with appropriate observance and
19understanding, having due regard and respect for the reverent
20care of the human body and for those bereaved and the overall
21spiritual dignity of every person man. It is further a matter
22of public interest that the practice of funeral directing and
23embalming as defined in this Code merit and receive the
24confidence of the public and that only qualified persons be

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    directs and instructs them in handling and precautionary
2    procedures and accompanies them on all calls. The
3    transportation of deceased human remains to a cemetery,
4    crematory or other place of final disposition shall be
5    under the immediate direct supervision of a licensee unless
6    otherwise permitted by this Section. The transportation of
7    deceased human remains that are embalmed or otherwise
8    prepared and enclosed in an appropriate container to some
9    other place that is not the place of final disposition,
10    such as another funeral home or common carrier, or to a
11    facility that shares common ownership with the
12    transporting funeral home may be performed under the
13    general supervision of a licensee, but the supervision need
14    not be immediate or direct. The transportation of deceased
15    human remains that have been donated pursuant to the
16    Illinois Anatomical Gift Act to any authorized donee under
17    that Act shall be under the immediate direct supervision of
18    a licensee. If the deceased human remains are transported
19    from this State to another state under the Illinois
20    Anatomical Gift Act, then a person licensed in a
21    jurisdiction contiguous to this State (i) as a funeral
22    director, (ii) as a funeral director and embalmer, or (iii)
23    under a comparable license may also transport the donated
24    deceased human remains from this State to the other
25    jurisdiction. Nothing in this Section shall apply to organs
26    or tissue donated pursuant to the Illinois Anatomical Gift

 

 

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1    Act.
2        (d) The administering and conducting of, or assuming
3    responsibility for administering and conducting of, at
4    need funeral arrangements.
5        (e) The assuming custody of, transportation, providing
6    shelter, protection and care and disposition of deceased
7    human remains and the furnishing of necessary funeral
8    services, facilities and equipment.
9        (f) Using in connection with a name or practice the
10    word "funeral director", "undertaker", "mortician",
11    "funeral home", "funeral parlor", "funeral chapel", or any
12    other title implying that the person is engaged in the
13    practice of funeral directing.
14    Within the existing scope of the practice of funeral
15directing or funeral directing and embalming, only a licensed
16funeral director, a licensed funeral director and embalmer, or
17a licensed funeral director and embalmer intern under the
18restrictions provided for in this Code, and not any other
19person employed or contracted by the licensee, may engage in
20the following activities at-need: (1) have direct contact with
21consumers and explain funeral or burial merchandise or services
22or (2) negotiate, develop, or finalize contracts with
23consumers. This paragraph shall not be construed or enforced in
24such a manner as to limit the functions of persons regulated
25under the Illinois Funeral or Burial Funds Act, the Illinois
26Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the

 

 

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1Cemetery Care Act, the Cemetery Association Act, the Illinois
2Insurance Code, or any other related professional regulatory
3Act.
4    The practice of funeral directing shall not include the
5phoning in of obituary notices, ordering of flowers for the
6funeral, or reporting of prices on the firm's general price
7list as required by the Federal Trade Commission Funeral Rule
8by nonlicensed persons, or like clerical tasks incidental to
9the act of making funeral arrangements.
10    The making of funeral arrangements, at need, shall be done
11only by licensed funeral directors or licensed funeral
12directors and embalmers. Licensed funeral director and
13embalmer interns may, however, assist or participate in the
14arrangements under the direct supervision of a licensed funeral
15director or licensed funeral director and embalmer.
16(Source: P.A. 96-1463, eff. 1-1-11.)
 
17    (225 ILCS 41/1-20)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 1-20. Funeral directing and embalming; definition.
20"The practice of funeral directing and embalming" means:
21        (a) The practice of preparing, otherwise than by
22    embalming, for the burial, cremation, or disposal and
23    directing and supervising the burial or disposal of
24    deceased human remains or performing any act or service in
25    connection with the preparing of dead human bodies.

 

 

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1    Preparation, direction, and supervision shall not be
2    construed to mean those functions normally performed by
3    cemetery and crematory personnel.
4        (b) The practice of operating a place for preparing for
5    the disposition of deceased human bodies or for caring for
6    deceased human bodies before their disposition. Nothing in
7    this Code shall prohibit the ownership and management of
8    such a place by an unlicensed owner if the place is
9    operated in accordance with this Code and the unlicensed
10    owner does not engage in any form of funeral directing and
11    embalming.
12        (c) The removal of a deceased human body from its place
13    of death, institution or other location. A licensed funeral
14    director and embalmer intern may remove a deceased human
15    body from its place of death, institution, or other
16    location without another licensee being present. The
17    licensed funeral director and embalmer may engage others
18    who are not licensed funeral directors and embalmers,
19    licensed funeral directors, or licensed funeral director
20    and embalmer interns to assist in the removal if the
21    funeral director and embalmer directs and instructs them in
22    handling and precautionary procedures and accompanies them
23    on all calls. The transportation of deceased human remains
24    to a cemetery, crematory or other place of final
25    disposition shall be under the immediate, direct
26    supervision of a licensee unless otherwise permitted by

 

 

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1    this Section. The transportation of deceased human remains
2    that are embalmed or otherwise prepared and enclosed in an
3    appropriate container to some other place that is not the
4    place of final disposition, such as another funeral home or
5    common carrier, or to a facility that shares common
6    ownership with the transporting funeral home may be
7    performed under the general supervision of a licensee, but
8    the supervision need not be immediate or direct. The
9    transportation of deceased human remains that have been
10    donated pursuant to the Illinois Anatomical Gift Act to any
11    authorized donee under that Act shall be under the
12    immediate direct supervision of a licensee. If the deceased
13    human remains are transported from this State to another
14    state under the Illinois Anatomical Gift Act, then a person
15    licensed in a jurisdiction contiguous to this State (i) as
16    a funeral director, (ii) as a funeral director and
17    embalmer, or (iii) under a comparable license may also
18    transport the donated deceased human remains from this
19    State to the other jurisdiction. Nothing in this Section
20    shall apply to organs or tissue donated pursuant to the
21    Illinois Anatomical Gift Act.
22        (d) The administering and conducting of, or assuming
23    responsibility for administering and conducting of, at
24    need funeral arrangements.
25        (e) The assuming custody of, transportation, providing
26    shelter, protection and care and disposition of deceased

 

 

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1    human remains and the furnishing of necessary funeral
2    services, facilities and equipment.
3        (f) Using in connection with a name or practice the
4    word "funeral director and embalmer", "embalmer", "funeral
5    director", "undertaker", "mortician", "funeral home",
6    "funeral parlor", "funeral chapel", or any other title
7    implying that the person is engaged in the practice of
8    funeral directing and embalming.
9        (g) The embalming or representing or holding out
10    oneself as engaged in the practice of embalming of deceased
11    human bodies or the transportation of human bodies deceased
12    of a contagious or infectious disease.
13    Within the existing scope of the practice of funeral
14directing or funeral directing and embalming, only a licensed
15funeral director, a licensed funeral director and embalmer, or
16a licensed funeral director and embalmer intern under the
17restrictions provided for in this Code, and not any other
18person employed or contracted by the licensee, may engage in
19the following activities at-need: (1) have direct contact with
20consumers and explain funeral or burial merchandise or services
21or (2) negotiate, develop, or finalize contracts with
22consumers. This paragraph shall not be construed or enforced in
23such a manner as to limit the functions of persons regulated
24under the Illinois Funeral or Burial Funds Act, the Illinois
25Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
26Cemetery Care Act, the Cemetery Association Act, the Illinois

 

 

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1Insurance Code, or any other related professional regulatory
2Act.
3    The practice of funeral directing and embalming shall not
4include the phoning in of obituary notices, ordering of flowers
5for the funeral, or reporting of prices on the firm's general
6price list as required by the Federal Trade Commission Funeral
7Rule by nonlicensed persons, or like clerical tasks incidental
8to the act of making funeral arrangements.
9    The making of funeral arrangements, at need, shall be done
10only by licensed funeral directors or licensed funeral
11directors and embalmers. Licensed funeral director and
12embalmer interns may, however, assist or participate in the
13arrangements under the direct supervision of a licensed funeral
14director or licensed funeral director and embalmer.
15(Source: P.A. 96-1463, eff. 1-1-11.)
 
16    (225 ILCS 41/1-30)
17    (Section scheduled to be repealed on January 1, 2013)
18    Sec. 1-30. Powers of the Department. Subject to the
19provisions of this Code, the Department may exercise the
20following powers:
21    (1) To authorize examinations to ascertain the
22qualifications and fitness of applicants for licensing as a
23licensed funeral director and embalmer and pass upon the
24qualifications of applicants for licensure.
25    (2) To examine the records of a licensed funeral director

 

 

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1or licensed funeral director and embalmer from any year or any
2other aspect of funeral directing and embalming as the
3Department deems appropriate.
4    (3) To investigate any and all funeral directing and
5embalming activity.
6    (4) To conduct hearings on proceedings to refuse to issue
7or renew licenses or to revoke, suspend, place on probation,
8reprimand, or otherwise discipline a license under this Code or
9take other non-disciplinary action.
10    (5) To adopt all necessary and reasonable rules and
11regulations for the effective required for the administration
12of this Code.
13    (6) To prescribe forms to be issued for the administration
14and enforcement of this Code.
15    (7) To maintain rosters of the names and addresses of all
16licensees and all persons whose licenses have been suspended,
17revoked, denied renewal, or otherwise disciplined within the
18previous calendar year. These rosters shall be available upon
19written request and payment of the required fee as established
20by rule.
21    (8) To contract with third parties for services necessary
22for the proper administration of this Code including, without
23limitation, investigators with the proper knowledge, training,
24and skills to properly inspect funeral homes and investigate
25complaints under this Code.
26(Source: P.A. 96-1463, eff. 1-1-11.)
 

 

 

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1    (225 ILCS 41/5-15)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 5-15. Renewal; reinstatement; restoration Expiration
4and renewal; inactive status; continuing education. The
5expiration date and renewal period for each license issued
6under this Article shall be set by rule. The holder of a
7license as a licensed funeral director may renew the license
8during the month preceding the expiration date of the license
9by paying the required fee. A licensed funeral director whose
10license has expired may have the license reinstated within 5
11years from the date of expiration upon payment of the required
12reinstatement fee. The reinstatement shall be effective as of
13the date of reissuance of the license.
14    Any licensed funeral director whose license has been
15expired for more than 5 years may have the license restored
16only by fulfilling the requirements of the Department's rules
17and by paying the required restoration fee. However, any
18licensed funeral director whose license has expired while he or
19she has been engaged (1) in federal service on active duty with
20the United States Army, Navy, Marine Corps, Air Force, or Coast
21Guard, or the State Militia called into the service or training
22of the United States of America or (2) in training or education
23under the supervision of the United States preliminary to
24induction into the military service may have his or her license
25restored without paying any lapsed renewal fees or restoration

 

 

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1fee or without passing any examination if, within 2 years after
2termination of the service, training or education other than by
3dishonorable discharge, he or she furnishes the Department with
4an affidavit to the effect that he or she has been so engaged
5and that his or her service, training or education has been so
6terminated.
7    In addition to any other requirement for renewal of a
8license or reinstatement or restoration of an expired license,
9as a condition for the renewal, reinstatement, or restoration
10of a license as a licensed funeral director, each licensee
11shall provide evidence to the Department of completion of at
12least 12 hours of continuing education during the 24 months
13preceding the expiration date of the license, or in the case of
14reinstatement or restoration, during the 24 months preceding
15application for reinstatement or restoration. The continuing
16education sponsors shall be approved by the Board. In addition,
17any qualified continuing education course for funeral
18directors offered by a college, university, the Illinois
19Funeral Directors Association, Funeral Directors Services
20Association of Greater Chicago, Cook County Association of
21Funeral Home Owners, Inc., Illinois Selected Morticians
22Association, Inc., Illinois Cemetery and Funeral Home
23Association, National Funeral Directors Association, Selected
24Independent Funeral Homes, National Funeral Directors and
25Morticians Association, Inc., International Order of the
26Golden Rule, or an Illinois school of mortuary science shall be

 

 

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1accepted toward satisfaction of the continuing education
2requirements.
3    The Department shall establish by rule a means for
4verification of completion of the continuing education
5required by this Section. This verification may be accomplished
6through audits of records maintained by licensees, by requiring
7the filing of continued education certificates with the
8Department or a qualified organization selected by the
9Department to maintain these records, or by other means
10established by the Department.
11    A person who is licensed as a funeral director under this
12Code and who has engaged in the practice of funeral directing
13for at least 40 years shall be exempt from the continuing
14education requirements of this Section. No such exemptions
15shall be granted or recognized after January 1, 2016. In
16addition, the Department shall establish by rule an exemption
17or exception, for a limited period of time, for funeral
18directors who, by reason of advanced age, health or other
19extreme condition should reasonably be excused from the
20continuing education requirement upon the approval of the
21Secretary. Those persons, identified above, who cannot attend
22on-site classes, shall have the opportunity to comply by
23completing home study courses designed for them by sponsors.
24    Any funeral director who notifies the Department in writing
25on forms prescribed by the Department may elect to place his or
26her license on an inactive status and shall, subject to rules

 

 

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1of the Department, be excused from payment of renewal fees and
2completion of continuing education requirements until he or she
3notifies the Department in writing of an intent to restore or
4reinstate the license to active status. Any licensee requesting
5restoration or reinstatement from inactive status shall notify
6the Department as provided by rule of the Department and pay
7the fee required by the Department for restoration or
8reinstatement of the license. Any licensee whose license is on
9inactive status shall not practice in the State of Illinois.
10    Practice on a license that has lapsed or been placed in
11inactive status is practicing without a license and a violation
12of this Code.
13(Source: P.A. 96-1463, eff. 1-1-11.)
 
14    (225 ILCS 41/5-18 new)
15    Sec. 5-18. Inactive status.
16    (a) Any funeral director who notifies the Department in
17writing on forms prescribed by the Department may elect to
18place his or her license on an inactive status and shall,
19subject to rules of the Department, be excused from payment of
20renewal fees and completion of continuing education
21requirements until he or she notifies the Department in writing
22of an intent to restore or reinstate the license to active
23status.
24    (b) Any licensee who has permitted his or her license to
25expire or who has had his or her license on inactive status may

 

 

HB5772- 19 -LRB097 18992 CEL 64231 b

1have the license restored by making application to the
2Department, by filing proof acceptable to the Department of his
3or her fitness to have the license restored, and by paying the
4required fees. Proof of fitness may include sworn evidence
5certifying to active lawful practice in another jurisdiction.
6If the licensee has not maintained an active practice in
7another jurisdiction satisfactory to the Department, then the
8Department shall determine by an evaluation program,
9established by rule, his or her fitness for restoration of the
10license and shall establish procedures and requirements for
11restoration. Any licensee whose license is on inactive status
12shall not practice in the State.
13    (c) Any licensee whose license is on inactive status or in
14a non-renewed status shall not engage in the practice of
15funeral directing in the State or use the title or advertise
16that he or she performs the services of a licensed funeral
17director. Any person violating this Section shall be considered
18to be practicing without a license and shall be subject to the
19disciplinary provisions of this Code.
 
20    (225 ILCS 41/10-20)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 10-20. Application. Every person who desires to obtain
23a license under this Code shall apply to the Department in
24writing on forms prepared and furnished by the Department. The
25application shall contain proof of the particular

 

 

HB5772- 20 -LRB097 18992 CEL 64231 b

1qualifications required of the applicant, shall be certified by
2the applicant, and shall be accompanied by the required fee.
3Applicants have 3 years after the date of application to
4complete the application process. If the process has not been
5completed in 3 years, then the application shall be denied, the
6fee shall be forfeited, and the applicant must reapply and meet
7the requirements in effect at the time of reapplication.
8(Source: P.A. 87-966.)
 
9    (225 ILCS 41/10-35)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 10-35. Renewal; reinstatement; restoration;
12continuing education. The expiration date and renewal period
13for each license issued under this Article shall be set by
14rule. The holder of a license as a licensed funeral director
15and embalmer or funeral director and embalmer intern may renew
16the license during the month preceding the expiration date of
17the license by paying the required fee. A licensed funeral
18director and embalmer or licensed funeral director and embalmer
19trainee whose license has expired may have the license
20reinstated within 5 years from the date of expiration upon
21payment of the required reinstatement fee and fulfilling the
22requirements of the Department's rules. The reinstatement of
23the license is effective as of the date of the reissuance of
24the license.
25    Any licensed funeral director and embalmer whose license

 

 

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

 

 

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

 

 

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1directing and embalming for at least 40 years shall be exempt
2from the continuing education requirements of this Section. No
3such exemptions shall be granted or recognized after January 1,
42016. In addition, the Department shall establish by rule an
5exemption or exception, for a limited period of time, for
6funeral directors and embalmers who, by reason of advanced age,
7health or other extreme condition, should reasonably be excused
8from the continuing education requirement upon the approval of
9the Secretary. Those persons, identified above, who cannot
10attend on-site classes, shall have the opportunity to comply by
11completing home study courses designed for them by sponsors.
12    Any funeral director and embalmer who notifies the
13Department in writing on forms prescribed by the Department,
14may elect to place his or her license on an inactive status and
15shall, subject to rules of the Department, be excused from
16payment of renewal fees and completion of continuing education
17requirements until he or she notifies the Department in writing
18of an intent to restore or reinstate the license to active
19status. While on inactive status, the licensee shall only be
20required to pay a single fee, established by the Department, to
21have the license placed on inactive status. Any licensee
22requesting restoration or reinstatement from inactive status
23shall notify the Department as provided by rule of the
24Department and pay the fee required by the Department for
25restoration or reinstatement of the license. Any licensee whose
26license is on inactive status shall not practice in the State

 

 

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

 

 

HB5772- 25 -LRB097 18992 CEL 64231 b

1maintained an active practice in another jurisdiction
2satisfactory to the Department, then the Department shall
3determine by an evaluation program, established by rule, his or
4her fitness for restoration of the license and shall establish
5procedures and requirements for restoration.
6    (c) Any licensee whose license is on inactive status or in
7a non-renewed status shall not engage in the practice of
8funeral directing and embalming in the State or use the title
9or advertise that he or she performs the services of a licensed
10funeral director and embalmer. Any person violating this
11Section shall be considered to be practicing without a license
12and shall be subject to the disciplinary provisions of this
13Code.
 
14    (225 ILCS 41/10-43 new)
15    Sec. 10-43. Endorsement. The Department may issue a
16funeral director and embalmer license, without the required
17examination, to an applicant licensed by another state,
18territory, possession of the United States, or the District of
19Columbia, if (i) the licensing requirements of that licensing
20authority are, on the date of licensure, substantially equal to
21the requirements set forth under this Code and (ii) the
22applicant provides the Department with evidence of good
23standing from the licensing authority of that jurisdiction. An
24applicant under this Section shall pay all of the required
25fees.
 

 

 

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1    (225 ILCS 41/15-5)  (from Ch. 111, par. 2825)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-5. Funeral Directors and Embalmers Licensing and
4Disciplinary Board. A Funeral Directors and Embalmers
5Licensing and Disciplinary Board is created and shall consist
6of 7 persons, 6 of whom are licensed to practice funeral
7directing and embalming in this State, and one who is a
8knowledgeable public member. Each member shall be appointed by
9the Secretary of the Department. The persons so appointed shall
10hold their offices for 4 years and until qualified successors
11are appointed. All vacancies occurring shall be filled by the
12Secretary for the unexpired portion of the term rendered
13vacant. No member shall be eligible to serve for more than 2
14full consecutive terms. The Secretary may remove or suspend any
15member of the Board for cause at any time before the expiration
16of his or her term. The Secretary shall be the sole arbiter of
17cause reasons prescribed by law for removal of State officials
18or for misconduct, incompetence, neglect of duty, or failing to
19attend 2 consecutive Board meetings. The cause for removal must
20be set forth in writing. The Board shall annually select a
21chairman from its membership. The members of the Board shall be
22reimbursed for all legitimate and necessary expenses incurred
23in attending meetings of the Board. The Board may meet as often
24as necessary to perform its duties under this Code, and shall
25meet at least once a year in Springfield, Illinois.

 

 

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1    A majority of the then appointed Four members of the Board
2shall constitute a quorum. A quorum is required for Board
3decisions.
4    The Department shall consider the recommendation of the
5Board in the development of proposed rules under this Code.
6Notice of any proposed rulemaking under this Code shall be
7transmitted to the Board and the Department shall review the
8response of the Board and any recommendations relating to that
9rulemaking.
10    The Department shall seek the advice and recommendations of
11the Board in connection with any rulemaking or disciplinary
12actions relating to funeral director and embalmers and funeral
13director and embalmer interns, including applications for
14restoration of revoked licenses. Members of the Board shall be
15immune from suit in any action based upon any disciplinary
16proceedings or other activities performed in good faith as
17members of the Board. The Board shall have 60 days to respond
18to a Department request for advice and recommendations.
19    The Department shall adopt all necessary and reasonable
20rules and regulations for the effective administration of this
21Code, and without limiting the foregoing, the Department shall
22adopt rules and regulations:
23        (1) prescribing a method of examination of candidates;
24        (2) defining what shall constitute a school, college,
25    university, department of a university or other
26    institution to determine the reputability and good

 

 

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1    standing of these institutions by reference to a compliance
2    with the rules and regulations; however, no school,
3    college, university, department of a university or other
4    institution that refuses admittance to applicants, solely
5    on account of race, color, creed, sex or national origin
6    shall be considered reputable and in good standing;
7        (3) establishing expiration dates and renewal periods
8    for all licenses;
9        (4) prescribing a method of handling complaints and
10    conducting hearings on proceedings to take disciplinary
11    action under this Code; and
12        (5) providing for licensure by reciprocity.
13(Source: P.A. 96-1463, eff. 1-1-11.)
 
14    (225 ILCS 41/15-15)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 15-15. Complaints; investigations; hearings; summary
17suspension of license. The Department may investigate the
18actions of any applicant or of any person or persons rendering
19or offering to render services or any person holding or
20claiming to hold a license under this Code.
21    The Department shall, before refusing to issue or renew a
22license or seeking to discipline a licensee under Section 75
23revoking, suspending, placing on probation, reprimanding, or
24taking any other disciplinary action, at least 30 days before
25the date set for the hearing, (i) notify the accused in writing

 

 

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

 

 

HB5772- 30 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 31 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 32 -LRB097 18992 CEL 64231 b

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

 

 

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

 

 

HB5772- 34 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 35 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 36 -LRB097 18992 CEL 64231 b

1    (225 ILCS 41/15-25)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-25. Subpoenas; oaths; attendance of witnesses
4Court order; contempt.
5    (a) The Department may subpoena and bring before it any
6person to take the oral or written testimony or compel the
7production of any books, papers, records, or any other
8documents that the Secretary or his or her designee deems
9relevant or material to any investigation or hearing conducted
10by the Department with the same fees and mileage and in the
11same manner as prescribed in civil cases in the courts of this
12State.
13    (b) The Secretary, the hearing officer, any member of the
14Board, or a certified shorthand court reporter may administer
15oaths at any hearing that the Department conducts.
16Notwithstanding any other statute or Department rule to the
17contrary, all requests for testimony, production of documents,
18or records shall be in accordance with this Code.
19    (c) Any circuit court, upon application of the applicant,
20licensee or the Department, may, by order duly entered, require
21the attendance and testimony of witnesses and the production of
22relevant documents, files, books, records, and papers in
23connection with any hearing or investigation. The before the
24Department in any hearing relating to the refusal, suspension
25or revocation of a license. Upon refusal or neglect to obey the

 

 

HB5772- 37 -LRB097 18992 CEL 64231 b

1order of the court, the court may compel compliance with its
2order by proceedings for contempt of court.
3(Source: P.A. 87-966.)
 
4    (225 ILCS 41/15-40)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 15-40. Certification of record; receipt. The
7Department shall not be required to certify any record to the
8court, to file an answer in court, or otherwise to appear in
9any court in a judicial review proceeding unless and until the
10Department has received from the plaintiff payment of the costs
11of furnishing and certifying the record, which costs shall be
12determined by the Department. Exhibits shall be certified
13without cost. Failure on the part of the Plaintiff to file a
14receipt in court is shall be grounds for dismissal of the
15action.
16(Source: P.A. 96-1463, eff. 1-1-11.)
 
17    (225 ILCS 41/15-41)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 15-41. Order or certified copy; prima facie proof. An
20order or certified copy thereof, over the seal of the
21Department and purporting to be signed by the Secretary, is
22prima facie proof that:
23        (1) the signature is the genuine signature of the
24    Secretary; and

 

 

HB5772- 38 -LRB097 18992 CEL 64231 b

1        (2) the Secretary is duly appointed and qualified. ; and
2        (3) the hearing officer is qualified to act.
3(Source: P.A. 96-1463, eff. 1-1-11.)
 
4    (225 ILCS 41/15-45)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 15-45. Practice without license; injunction; cease
7and desist order; civil penalties.
8    (a) The practice of funeral directing and embalming or
9funeral directing by any person who has not been issued a
10license by the Department, whose license has been suspended or
11revoked, or whose license has not been renewed is hereby
12declared to be inimical to the public welfare and to constitute
13a public nuisance. The Secretary may, in the name of the People
14of the State of Illinois through the Attorney General of the
15State of Illinois, or the State's Attorney of any county in
16which the violation is alleged to have occurred in the State of
17Illinois, apply for an injunction in the circuit court to
18enjoin any person who has not been issued a license or whose
19license has been suspended or revoked, or whose license has not
20been renewed, from practicing funeral directing and embalming
21or funeral directing. Upon the filing of a verified complaint
22in court, the court, if satisfied by affidavit or otherwise
23that the person is or has been practicing funeral directing and
24embalming or funeral directing without having been issued a
25license or after his or her license has been suspended,

 

 

HB5772- 39 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 40 -LRB097 18992 CEL 64231 b

1satisfaction of the Department shall cause an order to cease
2and desist to be issued immediately.
3    (c) (Blank).
4(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
5    (225 ILCS 41/15-46)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 15-46. Civil penalties; civil action.
8    (a) In addition to any other penalty provided by law, any
9person, sole proprietorship, professional service corporation,
10limited liability company, partnership, or other entity that
11violates Section 1-15 or 1-20 of this Code shall forfeit and
12pay to the General Professions Dedicated Fund a civil penalty
13in an amount determined by the Department not to exceed $10,000
14for each violation. The penalty shall be assessed in
15proceedings as provided in Sections 15-10 through 15-41 of this
16Code.
17    (b) In addition to the other penalties and remedies
18provided in this Code, the Department may bring a civil action
19in the county in which the funeral establishment is located
20against a licensee or any other person to enjoin any violation
21or threatened violation of this Code.
22    (c) Unless the amount of the penalty is paid within 60 days
23after the order becomes final, the order shall constitute a
24judgment judgement and shall be filed and execution issued
25thereon in the same manner as the judgment judgement of a court

 

 

HB5772- 41 -LRB097 18992 CEL 64231 b

1of record.
2(Source: P.A. 96-1463, eff. 1-1-11.)
 
3    (225 ILCS 41/15-50)
4    (Section scheduled to be repealed on January 1, 2013)
5    Sec. 15-50. Practice by corporation, limited liability
6company, partnership, or association. No corporation, limited
7liability company, partnership or association of individuals,
8as such, shall be issued a license as a licensed funeral
9director and embalmer or licensed funeral director, nor shall
10any corporation, limited liability company, partnership, firm
11or association of individuals, or any individual connected
12therewith, publicly advertise any corporation, partnership, or
13association of individuals as being licensed funeral directors
14and embalmers or licensed funeral directors. Nevertheless,
15nothing in this Act shall restrict funeral director licensees
16or funeral director and embalmer licensees from forming
17professional service corporations under the Professional
18Service Corporation Act or from having these corporations
19registered for the practice of funeral directing.
20    No funeral director licensee or funeral director and
21embalmer licensee, and no partnership or association of those
22licensees, formed since July 1, 1935, shall engage in the
23practice of funeral directing and embalming or funeral
24directing under a trade name or partnership or firm name unless
25in the use and advertising of the trade name, partnership or

 

 

HB5772- 42 -LRB097 18992 CEL 64231 b

1firm name there is published in connection with the advertising
2the name of the owner or owners as the owner or owners.
3(Source: P.A. 96-863, eff. 3-1-10.)
 
4    (225 ILCS 41/15-65)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 15-65. Fees. The Department shall provide by rule for
7a schedule of fees for the administration and enforcement of
8this Code, including but not limited to, original licensure,
9renewal, and restoration. The fees shall be nonrefundable.
10    All fees, fines, and penalties collected under this Code
11shall be deposited into the General Professions Dedicated Fund
12and shall be appropriated to the Department for the ordinary
13and contingent expenses of the Department in the administration
14of this Code.
15(Source: P.A. 96-1463, eff. 1-1-11.)
 
16    (225 ILCS 41/15-70)
17    (Section scheduled to be repealed on January 1, 2013)
18    Sec. 15-70. Returned checks; fines. Any person who delivers
19a check or other payment to the Department that is returned to
20the Department unpaid by the financial institution upon which
21it is drawn shall pay to the Department, in addition to the
22amount already owed to the Department, a fine of $50. The fines
23imposed by this Section are in addition to any other discipline
24provided under this Code for unlicensed practice or practice on

 

 

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

 

 

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

 

 

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1appropriate, including imposing fines not to exceed $10,000 for
2each violation, with regard to any license under the Code for
3any one or combination of the following:
4        (1) Fraud or any misrepresentation in applying for or
5    procuring a license under this Code or in connection with
6    applying for renewal of a license under this Code Obtaining
7    or attempting to obtain a license by fraud or
8    misrepresentation.
9        (2) Conviction by plea of guilty or nolo contendere,
10    finding of guilt, jury verdict, or entry of judgment or by
11    sentencing of any crime, including, but not limited to,
12    convictions, preceding sentences of supervision,
13    conditional discharge, or first offender probation, under
14    the laws of any jurisdiction of the United States: (i) that
15    is a felony or (ii) that is a misdemeanor, an essential
16    element of which is dishonesty, or that is directly related
17    to the practice of the profession Conviction in this State
18    or another state of any crime that is a felony or
19    misdemeanor under the laws of this State or conviction of a
20    felony or misdemeanor in a federal court.
21        (3) Violation of the laws of this State relating to the
22    funeral, burial or disposal of deceased human bodies or of
23    the rules and regulations of the Department, or the
24    Department of Public Health.
25        (4) Directly or indirectly paying or causing to be paid
26    any sum of money or other valuable consideration for the

 

 

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

 

 

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

 

 

HB5772- 48 -LRB097 18992 CEL 64231 b

1    known that the statement was false.
2        (16) Soliciting human bodies after death or while death
3    is imminent.
4        (17) Performing any act or practice that is a violation
5    of this Code, the rules for the administration of this
6    Code, or any federal, State or local laws, rules, or
7    regulations governing the practice of funeral directing or
8    embalming.
9        (18) Performing any act or practice that is a violation
10    of Section 2 of the Consumer Fraud and Deceptive Business
11    Practices Act.
12        (19) Engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud or harm the public.
15        (20) Taking possession of a dead human body without
16    having first obtained express permission from next of kin
17    or a public agency legally authorized to direct, control or
18    permit the removal of deceased human bodies.
19        (21) Advertising in a false or misleading manner or
20    advertising using the name of an unlicensed person in
21    connection with any service being rendered in the practice
22    of funeral directing or funeral directing and embalming.
23    The use of any name of an unlicensed or unregistered person
24    in an advertisement so as to imply that the person will
25    perform services is considered misleading advertising.
26    Nothing in this paragraph shall prevent including the name

 

 

HB5772- 49 -LRB097 18992 CEL 64231 b

1    of any owner, officer or corporate director of a funeral
2    home, who is not a licensee, in any advertisement used by a
3    funeral home with which the individual is affiliated, if
4    the advertisement specifies the individual's affiliation
5    with the funeral home.
6        (22) Charging for professional services not rendered,
7    including filing false statements for the collection of
8    fees for which services are not rendered Directly or
9    indirectly receiving compensation for any professional
10    services not actually performed.
11        (23) Failing to account for or remit any monies,
12    documents, or personal property that belongs to others that
13    comes into a licensee's possession.
14        (24) Treating any person differently to his detriment
15    because of race, color, creed, gender, religion, or
16    national origin.
17        (25) Knowingly making any false statements, oral or
18    otherwise, of a character likely to influence, persuade or
19    induce others in the course of performing professional
20    services or activities.
21        (26) Willfully Knowingly making or filing false
22    records or reports in the practice of funeral directing and
23    embalming, including, but not limited to, false records
24    filed with State agencies or departments.
25        (27) Failing to acquire continuing education required
26    under this Code.

 

 

HB5772- 50 -LRB097 18992 CEL 64231 b

1        (28) (Blank). Violations of this Code or of the rules
2    adopted pursuant to this Code.
3        (29) Aiding or assisting another person in violating
4    any provision of this Code or rules adopted pursuant to
5    this Code.
6        (30) Failing within 10 days, to provide information in
7    response to a written request made by the Department.
8        (31) Discipline by another state, District of
9    Columbia, territory, or foreign nation, or governmental
10    agency, if at least one of the grounds for the discipline
11    is the same or substantially equivalent to those set forth
12    in this Section.
13        (32) (Blank). Directly or indirectly giving to or
14    receiving from any person, firm, corporation, partnership,
15    or association any fee, commission, rebate, or other form
16    of compensation for professional services not actually or
17    personally rendered.
18        (33) Mental illness or disability which results in the
19    inability Inability to practice the profession with
20    reasonable judgment, skill, or safety.
21        (34) 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        (35) Physical illness, including, but not limited to,
25    deterioration through the aging process or loss of motor
26    skill which results in a licensee's inability to practice

 

 

HB5772- 51 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 52 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 53 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 54 -LRB097 18992 CEL 64231 b

1        complying with this paragraph (D) as claimed in the
2        written notice.
3            (E) A funeral director or funeral director and
4        embalmer shall fully complete the portion of the
5        Certificate of Death under the responsibility of the
6        funeral director or funeral director and embalmer and
7        provide all required information. In the event that any
8        reported information subsequently changes or proves
9        incorrect, a funeral director or funeral director and
10        embalmer shall immediately upon learning the correct
11        information correct the Certificate of Death.
12        (37) A finding by the Department that the license,
13    after having his or her license placed on probationary
14    status or subjected to conditions or restrictions,
15    violated the terms of the probation or failed to comply
16    with such terms or conditions.
17        (38) (Blank). Violation of any final administrative
18    action of the Secretary.
19        (39) Being named as a perpetrator in an indicated
20    report by the Department of Children and Family Services
21    pursuant to the Abused and Neglected Child Reporting Act
22    and, upon proof by clear and convincing evidence, being
23    found to have caused a child to be an abused child or
24    neglected child as defined in the Abused and Neglected
25    Child Reporting Act.
26        (40) Habitual or excessive use or abuse of drugs

 

 

HB5772- 55 -LRB097 18992 CEL 64231 b

1    defined in law as controlled substances, alcohol, or any
2    other substance which results in the inability to practice
3    with reasonable judgment, skill, or safety.
4        (41) Practicing under a false or, except as provided by
5    law, an assumed name.
6        (42) Cheating on or attempting to subvert the licensing
7    examination administered under this Code.
8    (c) The Department may refuse to issue or renew, or may
9suspend without a hearing, as provided for in the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois, the license of any person who fails to file a return,
12to pay the tax, penalty or interest shown in a filed return, or
13to pay any final assessment of tax, penalty or interest as
14required by any tax Act administered by the Illinois Department
15of Revenue, until the time as the requirements of the tax Act
16are satisfied in accordance with subsection (g) of Section
172105-15 of the Department of Professional Regulation Law of the
18Civil Administrative Code of Illinois.
19    (d) No action may be taken under this Code against a person
20licensed under this Code unless the action is commenced within
215 years after the occurrence of the alleged violations. A
22continuing violation shall be deemed to have occurred on the
23date when the circumstances last existed that give rise to the
24alleged violation.
25    (e) Nothing in this Section shall be construed or enforced
26to give a funeral director and embalmer, or his or her

 

 

HB5772- 56 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 57 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 58 -LRB097 18992 CEL 64231 b

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

 

 

HB5772- 59 -LRB097 18992 CEL 64231 b

1renewed licensure to practice. Submission to care, counseling,
2or treatment as required by the Department shall not be
3considered discipline of a license. If the licensee refuses to
4enter into a care, counseling, or treatment agreement or fails
5to abide by the terms of the agreement, the Department may file
6a complaint to revoke, suspend, or otherwise discipline the
7license of the individual. The Secretary may order the license
8suspended immediately, pending a hearing by the Department.
9Fines shall not be assessed in disciplinary actions involving
10physical or mental illness or impairment.
11    In instances in which the Secretary immediately suspends a
12person's license under this Section, a hearing on that person's
13license must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department shall have the authority to review the subject
16individual's record of treatment and counseling regarding the
17impairment to the extent permitted by applicable federal
18statutes and regulations safeguarding the confidentiality of
19medical records.
20    An individual licensed under this Code and affected under
21this Section shall be afforded an opportunity to demonstrate to
22the Department that he or she can resume practice in compliance
23with acceptable and prevailing standards under the provisions
24of his or her license.
25(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.)
 

 

 

HB5772- 60 -LRB097 18992 CEL 64231 b

1    (225 ILCS 41/15-76)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 15-76. Vehicle traffic control. A funeral director
4licensee or funeral director and embalmer licensee planning an
5a interment, inurnment, or entombment at a cemetery shall use
6his or her its reasonable best efforts to ensure that funeral
7processions entering and exiting the cemetery grounds do not
8obstruct traffic on any street for a period in excess of 10
9minutes, except where such funeral procession is continuously
10moving or cannot be moved by reason of circumstances over which
11the licensee cemetery authority has no reasonable control. The
12funeral director licensee or funeral director and embalmer
13licensee arranging funeral processions to the cemetery shall
14use his or her its reasonable best efforts to help prevent
15multiple funeral processions from arriving at the cemetery
16simultaneously. Notwithstanding any provision of this Code Act
17to the contrary, any funeral director licensee or funeral
18director and embalmer licensee who violates the provisions of
19this Section shall be guilty of a business offense and receive
20punishable by a fine of not more than $500 for each offense.
21(Source: P.A. 96-863, eff. 3-1-10.)
 
22    (225 ILCS 41/15-77)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 15-77. Method of payment, receipt. No licensee shall
25require payment for any goods or services by cash only.

 

 

HB5772- 61 -LRB097 18992 CEL 64231 b

1Licensees Each licensee subject to this Section shall permit
2payment by at least one other option, including, but not
3limited to, personal check, cashier's check, money order, or
4credit or debit card. In addition to the statement of services,
5the licensee shall provide a receipt to the consumer upon
6payment in part or in full, whatever the case may be.
7(Source: P.A. 96-1463, eff. 1-1-11.)
 
8    (225 ILCS 41/15-80)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 15-80. Statement of place of practice; roster. Each
11applicant for a funeral director and embalmer's license shall
12with his or her application submit a statement of the place of
13practice, ownership, names and license numbers of all funeral
14directors and embalmers and funeral directors associated with
15the applicant.
16    The Department shall maintain a roster of names and
17addresses of all persons who hold valid licenses and all
18persons whose licenses have been suspended or revoked within
19the previous year. This roster shall be available upon request
20and payment of the required fee. The Department shall keep a
21record, which shall be open to public inspection at all
22reasonable times, of its proceedings relating to the issuance,
23refusal, renewal, suspension and revocation of licenses. This
24record shall also contain the name, known place of practice and
25residence, and the date and number of the license of every

 

 

HB5772- 62 -LRB097 18992 CEL 64231 b

1licensed funeral director and embalmer, licensed funeral
2director, and licensed funeral director and embalmer intern in
3this State.
4    The Department shall publish an annual list of the names
5and addresses of all licensees registered by it under the
6provisions of this Code, and of all persons whose licenses have
7been suspended or revoked within the past year, together with
8other information relative to the enforcement of the provisions
9of this Code as it may deem of interest to the public. One list
10shall be mailed to each local registrar of vital statistics
11upon request by the registrar. Lists shall also be mailed by
12the Department to any person in the State upon request.
13(Source: P.A. 93-268, eff. 1-1-04.)
 
14    (225 ILCS 41/15-91)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 15-91. Denial of license. If the Department determines
17that an application for licensure should be denied pursuant to
18Section 15-75, then the applicant shall be sent a notice of
19intent to deny license or exemption from licensure and the
20applicant shall be given the opportunity to request, within 20
21days of the notice, a hearing on the denial. If the applicant
22requests a hearing, then the Secretary shall schedule a hearing
23within 30 days after the request for a hearing, unless
24otherwise agreed to by the parties. The Secretary shall have
25the authority to appoint an attorney duly licensed to practice

 

 

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1law in the State of Illinois to serve as the hearing officer.
2The hearing officer shall have full authority to conduct the
3hearing. The hearing shall be held at the time and place
4designated by the Secretary. The Secretary shall have the
5authority to prescribe rules for the administration of this
6Section.
7(Source: P.A. 96-1463, eff. 1-1-11.)
 
8    (225 ILCS 41/15-115 new)
9    Sec. 15-115. Confidentiality. All information collected
10by the Department in the course of an examination or
11investigation of a licensee or applicant, including, but not
12limited to, any complaint against a licensee filed with the
13Department and information collected to investigate any such
14complaint, shall be maintained for the confidential use of the
15Department and shall not be disclosed. The Department shall not
16disclose the information to anyone other than law enforcement
17officials, regulatory agencies that have an appropriate
18regulatory interest as determined by the Secretary, or a party
19presenting a lawful subpoena to the Department. Information and
20documents disclosed to a federal, State, county, or local law
21enforcement agency shall not be disclosed by the agency for any
22purpose to any other agency or person. A formal complaint filed
23against a licensee by the Department or any order issued by the
24Department against a licensee or applicant shall be a public
25record, except as otherwise prohibited by law.
 

 

 

HB5772- 64 -LRB097 18992 CEL 64231 b

1    (225 ILCS 41/20-15)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 20-15. Home rule. The regulation and licensing
4provided for in this Code are exclusive powers and functions of
5the State. A home rule unit may not regulate or license funeral
6directors, funeral director and embalmers, customer service
7employees, or any activities relating to the services of
8funeral directing and embalming. This Section is a denial and
9limitation of home rule powers and functions under subsection
10(h) of Section 6 of Article VII of the Illinois Constitution.
11(Source: P.A. 96-1463, eff. 1-1-11.)
 
12    (225 ILCS 41/10-40 rep.)
13    (225 ILCS 41/15-71 rep.)
14    (225 ILCS 41/15-110 rep.)
15    Section 10. The Funeral Directors and Embalmers Licensing
16Code is amended by repealing Sections 10-40, 15-71, and 15-110.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.

 

 

HB5772- 65 -LRB097 18992 CEL 64231 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.23
4    5 ILCS 80/4.33 new
5    225 ILCS 41/1-5
6    225 ILCS 41/1-10
7    225 ILCS 41/1-15
8    225 ILCS 41/1-20
9    225 ILCS 41/1-30
10    225 ILCS 41/5-15
11    225 ILCS 41/5-18 new
12    225 ILCS 41/10-20
13    225 ILCS 41/10-35
14    225 ILCS 41/10-38 new
15    225 ILCS 41/10-43 new
16    225 ILCS 41/15-5from Ch. 111, par. 2825
17    225 ILCS 41/15-15
18    225 ILCS 41/15-16
19    225 ILCS 41/15-18 new
20    225 ILCS 41/15-19 new
21    225 ILCS 41/15-20
22    225 ILCS 41/15-21
23    225 ILCS 41/15-22
24    225 ILCS 41/15-25
25    225 ILCS 41/15-40

 

 

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1    225 ILCS 41/15-41
2    225 ILCS 41/15-45
3    225 ILCS 41/15-46
4    225 ILCS 41/15-50
5    225 ILCS 41/15-65
6    225 ILCS 41/15-70
7    225 ILCS 41/15-75
8    225 ILCS 41/15-76
9    225 ILCS 41/15-77
10    225 ILCS 41/15-80
11    225 ILCS 41/15-91
12    225 ILCS 41/15-115 new
13    225 ILCS 41/20-15
14    225 ILCS 41/10-40 rep.
15    225 ILCS 41/15-71 rep.
16    225 ILCS 41/15-110 rep.