State of Illinois
92nd General Assembly
Legislation

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92_SB1687eng

 
SB1687 Engrossed                               LRB9215596ACcd

 1        AN ACT concerning the regulation of professions.

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

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

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  Acts repealed  on  December  31,  2002.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 8    following Acts are repealed on December 31, 2002: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

17        (5 ILCS 80/4.23 new)
18        Sec.  4.23.   Act  repealed  on  January  1,  2013.   The
19    following Act is repealed on January 1, 2013:
20        The Funeral Directors and Embalmers Licensing Code.

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

24        (225 ILCS 41/5-15)
25        (Section scheduled to be repealed on December 31, 2002)
26        Sec.  5-15.  Expiration  and  renewal;  inactive  status;
27    continuing education. The expiration date and renewal  period
28    for  each  license  issued under this Article shall be set by
 
SB1687 Engrossed            -2-                LRB9215596ACcd
 1    rule.  The holder of a license as a licensed funeral director
 2    may  renew  the  license  during  the  month  preceding   the
 3    expiration  date of the license by paying the required fee. A
 4    licensed funeral director whose license has expired may  have
 5    the  license  reinstated  within  5  years  from  the date of
 6    expiration upon payment of the  required  reinstatement  fee.
 7    The  reinstatement  shall  be  effective  as  of  the date of
 8    reissuance of the license.
 9        Any licensed funeral  director  whose  license  has  been
10    expired  for  more than 5 years may have the license restored
11    only by fulfilling the requirements of the Department's rules
12    and by paying the  required  restoration  fee.  However,  any
13    licensed  funeral director whose license has expired while he
14    or she has been engaged (1) in federal service on active duty
15    with the Army of the United States, the United  States  Navy,
16    the  Marine  Corps,  the  Air  Force, the Coast Guard, or the
17    State Militia called into the  service  or  training  of  the
18    United  States  of  America  or  (2) in training or education
19    under the supervision of the  United  States  preliminary  to
20    induction  into  the  military  service  may  have his or her
21    license restored without paying any lapsed  renewal  fees  or
22    restoration fee or without passing any examination if, within
23    2  years  after  termination  of  the  service,  training  or
24    education  other  than  by  dishonorable discharge, he or she
25    furnishes the Department with an affidavit to the effect that
26    he or she has been so engaged and that service,  training  or
27    education has been so terminated.
28        In  addition  to  any  other requirement for renewal of a
29    license or reinstatement of  an  expired  license,  beginning
30    with  licenses  renewed or reinstated in 1993, as a condition
31    for the renewal or reinstatement of a license as  a  licensed
32    funeral director, each licensee shall provide evidence to the
33    Department  of  completion of at least 12 hours of continuing
34    education during the 24 months preceding the expiration  date
 
SB1687 Engrossed            -3-                LRB9215596ACcd
 1    of  the  license, or in the case of reinstatement, during the
 2    24  months  preceding  application  for  reinstatement.   The
 3    continuing education sponsors shall be approved by the Board.
 4    In addition, any qualified continuing  education  course  for
 5    funeral  directors  offered  by  a  college,  university, the
 6    Illinois Funeral  Directors  Association,  Funeral  Directors
 7    Services   Association   of   Greater  Chicago,  Cook  County
 8    Association of Funeral Home Owners, Inc.,  Illinois  Selected
 9    Morticians  Association,  Inc.,  National  Funeral  Directors
10    Association, National Foundation of Funeral Service, National
11    Selected   Morticians,   National   Funeral   Directors   and
12    Morticians  Association,  Inc.,  International  Order  of the
13    Golden Rule, or an Illinois school of mortuary science  shall
14    be  accepted  toward satisfaction of the continuing education
15    requirements.
16        The Department  shall  establish  by  rule  a  means  for
17    verification   of  completion  of  the  continuing  education
18    required  by  this  Section.   This   verification   may   be
19    accomplished   through   audits   of  records  maintained  by
20    licensees, by requiring the  filing  of  continued  education
21    certificates  with the Department or a qualified organization
22    selected by the Department to maintain these records,  or  by
23    other means established by the Department.
24        A person who is licensed as a funeral director under this
25    Act  and who has engaged in the practice of funeral directing
26    for at least 40 years shall be  exempt  from  the  continuing
27    education  requirements  of  this  Section.  In addition, the
28    Department shall establish by rule an exemption or  exception
29    for  funeral directors who, by reason of advanced age, health
30    or other extreme condition should reasonably be excused  from
31    the  continuing education requirement upon explanation to the
32    Board, the approval of the Director, or both.  Those persons,
33    identified above, who cannot attend  on-site  classes,  shall
34    have  the  opportunity  to  comply  by  completing home study
 
SB1687 Engrossed            -4-                LRB9215596ACcd
 1    courses designed for them by sponsors.
 2        Any funeral  director  who  notifies  the  Department  in
 3    writing  on  forms  prescribed by the Department may elect to
 4    place his or her license on an inactive status and  shall  be
 5    excused  from completion of continuing education requirements
 6    until he or she notifies the  Department  in  writing  of  an
 7    intent  to  restore  the  license to active status.  While on
 8    inactive status, the licensee shall only be required to pay a
 9    single fee, established by the Department, to have his or her
10    license placed on inactive status.  Any  licensee  requesting
11    restoration  from inactive status shall notify the Department
12    as provided by  rule  of  the  Department  and  pay  the  fee
13    required  by  the  Department for restoration of the license.
14    Any licensee whose license is on inactive  status  shall  not
15    practice in the State of Illinois.
16        Practice  on  a license that has lapsed or been placed in
17    inactive  status  is  practicing  without  a  license  and  a
18    violation of this Act.
19    (Source: P.A. 90-50, eff. 1-1-98.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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