State of Illinois
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92nd General Assembly

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Public Act 92-0641

SB1687 Enrolled                                LRB9215596ACcd

    AN ACT concerning the regulation of professions.

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

    Section  5.  The  Regulatory  Sunset  Act  is  amended by
changing Section 4.13 and adding Section 4.23 as follows:

    (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
    Sec. 4.13.  Acts repealed  on  December  31,  2002.   The
following Acts are repealed on December 31, 2002:
    The Environmental Health Practitioner Licensing Act.
    The Naprapathic Practice Act.
    The Wholesale Drug Distribution Licensing Act.
    The Dietetic and Nutrition Services Practice Act.
    The Funeral Directors and Embalmers Licensing Code.
    The  Professional  Counselor  and  Clinical  Professional
Counselor Licensing Act.
(Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)

    (5 ILCS 80/4.23 new)
    Sec.  4.23.   Act  repealed  on  January  1,  2013.   The
following Act is repealed on January 1, 2013:
    The Funeral Directors and Embalmers Licensing Code.

    Section   10.    The   Funeral  Directors  and  Embalmers
Licensing  Code  is  amended  by  changing  Section  5-15  as
follows:

    (225 ILCS 41/5-15)
    (Section scheduled to be repealed on December 31, 2002)
    Sec.  5-15.  Expiration  and  renewal;  inactive  status;
continuing education. The expiration date and renewal  period
for  each  license  issued under this Article shall be set by
rule.  The holder of a license as a licensed funeral director
may  renew  the  license  during  the  month  preceding   the
expiration  date of the license by paying the required fee. A
licensed funeral director whose license has expired may  have
the  license  reinstated  within  5  years  from  the date of
expiration upon payment of the  required  reinstatement  fee.
The  reinstatement  shall  be  effective  as  of  the date of
reissuance of the license.
    Any licensed funeral  director  whose  license  has  been
expired  for  more than 5 years may have the license restored
only by fulfilling the requirements of the Department's rules
and by paying the  required  restoration  fee.  However,  any
licensed  funeral director whose license has expired while he
or she has been engaged (1) in federal service on active duty
with the Army of the United States, the United  States  Navy,
the  Marine  Corps,  the  Air  Force, the Coast Guard, or the
State Militia called into the  service  or  training  of  the
United  States  of  America  or  (2) in training or education
under the supervision of the  United  States  preliminary  to
induction  into  the  military  service  may  have his or her
license restored without paying any lapsed  renewal  fees  or
restoration fee or without passing any examination if, within
2  years  after  termination  of  the  service,  training  or
education  other  than  by  dishonorable discharge, he or she
furnishes the Department with an affidavit to the effect that
he or she has been so engaged and that service,  training  or
education has been so terminated.
    In  addition  to  any  other requirement for renewal of a
license or reinstatement of  an  expired  license,  beginning
with  licenses  renewed or reinstated in 1993, as a condition
for the renewal or reinstatement of a license as  a  licensed
funeral director, each licensee shall provide evidence to the
Department  of  completion of at least 12 hours of continuing
education during the 24 months preceding the expiration  date
of  the  license, or in the case of reinstatement, during the
24  months  preceding  application  for  reinstatement.   The
continuing education sponsors shall be approved by the Board.
In addition, any qualified continuing  education  course  for
funeral  directors  offered  by  a  college,  university, the
Illinois Funeral  Directors  Association,  Funeral  Directors
Services   Association   of   Greater  Chicago,  Cook  County
Association of Funeral Home Owners, Inc.,  Illinois  Selected
Morticians  Association,  Inc.,  National  Funeral  Directors
Association, National Foundation of Funeral Service, National
Selected   Morticians,   National   Funeral   Directors   and
Morticians  Association,  Inc.,  International  Order  of the
Golden Rule, or an Illinois school of mortuary science  shall
be  accepted  toward satisfaction of the continuing education
requirements.
    The Department  shall  establish  by  rule  a  means  for
verification   of  completion  of  the  continuing  education
required  by  this  Section.   This   verification   may   be
accomplished   through   audits   of  records  maintained  by
licensees, by requiring the  filing  of  continued  education
certificates  with the Department or a qualified organization
selected by the Department to maintain these records,  or  by
other means established by the Department.
    A person who is licensed as a funeral director under this
Act  and who has engaged in the practice of funeral directing
for at least 40 years shall be  exempt  from  the  continuing
education  requirements  of  this  Section.  In addition, the
Department shall establish by rule an exemption or  exception
for  funeral directors who, by reason of advanced age, health
or other extreme condition should reasonably be excused  from
the  continuing education requirement upon explanation to the
Board, the approval of the Director, or both.  Those persons,
identified above, who cannot attend  on-site  classes,  shall
have  the  opportunity  to  comply  by  completing home study
courses designed for them by sponsors.
    Any funeral  director  who  notifies  the  Department  in
writing  on  forms  prescribed by the Department may elect to
place his or her license on an inactive status and  shall  be
excused  from completion of continuing education requirements
until he or she notifies the  Department  in  writing  of  an
intent  to  restore  the  license to active status.  While on
inactive status, the licensee shall only be required to pay a
single fee, established by the Department, to have his or her
license placed on inactive status.  Any  licensee  requesting
restoration  from inactive status shall notify the Department
as provided by  rule  of  the  Department  and  pay  the  fee
required  by  the  Department for restoration of the license.
Any licensee whose license is on inactive  status  shall  not
practice in the State of Illinois.
    Practice  on  a license that has lapsed or been placed in
inactive  status  is  practicing  without  a  license  and  a
violation of this Act.
(Source: P.A. 90-50, eff. 1-1-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 24, 2002.
    Approved July 11, 2002.
    Effective July 11, 2002.

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