PART 1250 FUNERAL DIRECTORS AND EMBALMERS LICENSING CODE : Sections Listing

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1250 FUNERAL DIRECTORS AND EMBALMERS LICENSING CODE


AUTHORITY: Implementing the Funeral Directors and Embalmers Licensing Code [225 ILCS 41] and authorized by Section 2105-15 of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Rules and Regulations for the Administration of the Illinois Funeral Directors and Embalmers Act, effective March 19, 1975; amended at 4 Ill. Reg. 30, p. 1238, effective July 10, 1980; codified at 5 Ill. Reg. 11034; Part repealed and new Part adopted at 6 Ill. Reg. 4203, effective April 26, 1982; emergency amendment at 7 Ill. Reg. 7675, effective June 14, 1983, for a maximum of 150 days; emergency rule expired November 11, 1983; amended at 9 Ill. Reg. 4529, effective March 27, 1985; transferred from Chapter I, 68 Ill. Adm. Code 250 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1250 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2931; amended at 13 Ill. Reg. 14061, effective August 29, 1989; amended at 15 Ill. Reg. 8238, effective May 16, 1991; amended at 17 Ill. Reg. 19132, effective October 22, 1993; amended at 23 Ill. Reg. 2296, effective January 22, 1999; amended at 24 Ill. Reg. 550, effective December 31, 1999; amended at 27 Ill. Reg. 7791, effective April 21, 2003; amended at 28 Ill. Reg. 4911, effective March 3, 2004; amended at 29 Ill. Reg. 13999, effective August 30, 2005; amended at 37 Ill. Reg. 4838, effective April 1, 2013; amended at 41 Ill. Reg. 11361, effective September 8, 2017; amended at 45 Ill. Reg. 2804, effective March 1, 2021.

 

Section 1250.110  Approved Programs of Mortuary Science

 

a)         The Department of Financial and Professional Regulation-Division of Professional Regulation (Division) may approve a program of mortuary science if it meets the following:

 

1)         Is legally recognized and authorized, by the jurisdiction in which it is located, to provide courses in mortuary science;

 

2)         Has a faculty with sufficient instructors to ensure that the educational obligations to students are fulfilled.  The faculty must demonstrate competence in their areas of teaching as evidenced by appropriate degrees from recognized professional colleges or institutions;

 

3)         Maintains permanent student records that summarize the credentials for admission, attendance, grades and other records of performance; and

 

4)         Has one of the following courses of study:

 

A)        A minimum of 12 months with at least the following curriculum:

 

i)          Anatomy;

 

ii)         Restorative Art;

 

iii)        Microbiology;

 

iv)        Embalming;

 

v)         Sociology;

 

vi)        Psychology;

 

vii)       Chemistry;

 

viii)      Funeral Directing;

 

ix)        Mortuary Law;

 

x)         Clinical Embalming;

 

xi)        Funeral Merchandising; and

 

xii)       Pathology.

 

B)        That results in an associate degree in mortuary science or an equivalent associate degree (i.e., applied science), consisting of courses in liberal arts and sciences and the curriculum set forth in subsection (a)(4)(A); or

 

C)        That results in a baccalaureate degree in mortuary science.

 

b)         In determining whether a program of mortuary science should be approved, the Division may consider accreditation by the American Board of Funeral Service Education, Inc.

 

c)         All programs of mortuary science accredited by the American Board of Funeral Service Education, Inc. as of January 1, 2003 are approved.

 

d)         An applicant from an unapproved program of mortuary science shall provide documentation concerning the criteria in this Section and thereafter the Division shall evaluate the program of mortuary science for approval.

 

e)         Withdrawal of Approval

 

1)         The Director of the Department of Financial and Professional Regulation-Division of Professional Regulation (Director) may withdraw, suspend or place on probation the approval of a program of mortuary science when the program's quality is materially affected by any of the following:

 

A)        Gross or repeated violations of any provision of the Funeral Directors and Embalmers Licensing Code (the Code) [225 ILCS 41];

 

B)        Fraud or dishonesty in providing information for the program of mortuary science's evaluation; or

 

C)        Failure to meet the requirements for an approved program of mortuary science as set out in this Section.

 

2)         A program of mortuary science shall be given written notice prior to any action by the Division and those officials may either submit written comments or request a hearing before the Division as set forth in 68 Ill. Adm. Code 1110.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.120  Application for Internship

 

a)         An applicant for a funeral director and embalmer intern license shall submit the following:

 

1)         A signed and completed application on forms provided by the Division;

 

2)         The required fee, as set forth in Section 1250.165;

 

3)         A Certificate of Health attesting that the applicant has been immunized against diphtheria, hepatitis B and tetanus;

 

4)         A completed and signed certification of acceptance for an internship in Illinois, by a licensed and active funeral director and embalmer in good standing, stating that the applicant will study and train under the funeral director and embalmer's supervision; and

 

5)         One of the following:

 

A)        An official transcript showing proof of successful completion of at least 30 semester hours or 45 quarter hours of college credit, not including remedial courses, from an accredited college or university that include at least 20 semester hours or 30 quarter hours of liberal arts, physical, biological, or applied sciences; and certification of graduation from a course of study of at least 12 months in an approved program of mortuary science;

 

B)        Certification of an associate degree in mortuary science or an equivalent associate degree (i.e., applied science) from an approved program of mortuary science; or

 

C)        Certification of a baccalaureate degree in mortuary science from an approved program of mortuary science;

 

b)         The Division shall issue a funeral director and embalmer intern license or notify the applicant, in writing, of the basis for denial.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.130  Internship Requirements

 

a)         A licensed funeral director and embalmer who agrees to sponsor an intern shall be responsible for teaching the intern the practical aspects of the profession, for demonstrating actual procedures and for directing and supervising the procedures performed by the intern.

 

b)         The intern shall be given primary responsibility for:

 

1)         Assisting or participating in the arrangement of at least 24 funerals, including completing the necessary documentation;

 

2)         Assisting in the arrangement of a selection room, including buying, pricing, providing a description of each casket and other pertinent information;

 

3)         Assisting in the preparation and embalming of at least 24 deceased human bodies, including cosmetic application, dressing and casketing.  If possible, at least one of the bodies should have been autopsied; and

 

4)         Removals of deceased human bodies.

 

c)         The intern shall submit a case report, on forms provided by the Division, for each of the required 24 funerals and 24 body preparations set forth in subsection (b).

 

1)         12 case reports shall be submitted every 3 months during the 12-month internship.

 

2)         If the intern has not completed a total of 12 cases in the 3-month period or submitted case reports more than a quarter late, the intern shall submit the case reports for the cases completed and state the reason why the intern was unable to complete all 12 cases or why case reports were late (e.g., lack of available cases, illness, change of ownership).

 

3)         All case reports shall be signed by the intern and the licensed funeral director and embalmer sponsor.

 

d)         The Division has the authority to investigate and question the sponsor and the intern to determine compliance with this Section.

 

e)         An intern may complete the internship under more than one licensed funeral director and embalmer and must complete a change of sponsor application, on forms provided by the Division, within one month after the change.

 

f)         Upon completion of the 12 months of internship, the sponsor shall complete an affidavit, on forms provided by the Division, stating that the intern has satisfactorily completed the appropriate procedures under the sponsor's direction and supervision.

 

g)         If a funeral director and embalmer intern licensee has not yet completed the 12-month internship or passed the examination within two sequential renewals, the intern shall reapply to the Division under the Code and this Part.  No credit will be allowed for any examinations the intern previously passed or for any internship the intern previously earned. An intern who has renewed twice shall not reapply for an intern license until passing the examination set forth in Section 1250.140.

 

h)         If, at the time of application for a funeral director and embalmer license, more than 5 years have lapsed since the completion of the intern's 12-month internship, the applicant shall be required to complete additional education or case reports as determined by the Division.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.135  Application for Funeral Director and Embalmer Licensure

 

a)         An applicant for a funeral director and embalmer license shall submit the following:

 

1)         A signed and completed application on forms provided by the Division;

 

2)         The required fee set forth in Section 1250.165;

 

3)         Certification of completion of a 12-month internship within the past 5 years, signed by the licensed funeral director and embalmer sponsor.  For the purpose of determining completion, the internship shall commence on the date of the issuance of the intern license;

 

4)         A Certificate of Health, attesting that the applicant has been immunized against diphtheria, hepatitis B and tetanus;

 

5)         Verification of successful completion of the International Conference of Funeral Service Examining Boards, Inc. (the Conference) National Board examination as set forth in Section 1250.140, to be forwarded by the Conference directly to the Division; and

 

6)         A statement of the place of practice, ownership, names and license numbers of all funeral directors and embalmers and funeral directors associated with the applicant as set forth in Section 15-80 of the Code, as applicable.

 

b)         The Division shall issue a funeral director and embalmer license or notify the applicant, in writing, of the basis for denial.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.140  Examination

 

a)         The examination for a funeral director and embalmer license shall be the examination administered by the Conference and shall cover:

 

1)         Part I (Funeral Service Science):

 

A)        Embalming;

 

B)         Restorative Art;

 

C)         Microbiology;

 

D)        Pathology;

 

E)         Chemistry; and

 

F)         Anatomy.

 

2)         Part II (Funeral Service Arts):

 

A)        Sociology of Funeral Service;

 

B)         Psychology and Counseling;

 

C)         Funeral Directing and Professional Relationships;

 

D)        Business Law;

 

E)         Funeral Service Law;

 

F)         Funeral Merchandising; and

 

G)        Accounting.

 

3)         The passing score shall be the passing score established by the Conference.  Verification shall be received directly from the Conference.

 

b)         An examination fee shall be paid to the Conference for each examination.  Failure to appear for the examination on the scheduled date, at the time and place specified, shall result in forfeiture of the examination fee.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.150  Endorsement

 

a)         An applicant currently licensed as a funeral director and embalmer under the laws of another jurisdiction shall submit the following:

 

1)         A signed and completed application, on forms provided by the Division;

 

2)         The required fee set forth in Section 1250.165;

 

3)         One of the following:

 

A)        An official transcript showing proof of successful completion of at least 30 semester hours or 45 quarter hours of college credit, not including remedial courses, from an accredited college or university which shall include at least 20 semester hours or 30 quarter hours of liberal arts, physical, biological and/or applied sciences; and certification of graduation from a course of study of at least 12 months in an approved program of mortuary science;

 

B)        Certification of an associate degree in mortuary science or an equivalent associate degree (i.e., applied science) from an approved program of mortuary science; or

 

C)        Certification of a baccalaureate degree in mortuary science from an approved program of mortuary science;

 

4)         Affidavits stating that the applicant has been actively engaged in the practice of funeral directing and embalming for at least 12 months of the last 5 years prior to application in Illinois, completed by two actively licensed funeral directors and embalmers with personal knowledge of that experience; and

 

5)         A certification by the jurisdiction of original licensure, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction;

 

B)        Whether the applicant has been the subject of any disciplinary actions or any disciplinary actions are pending; and

 

C)        A brief description of the examination and grades received.

 

b)         The Division may issue a license by endorsement or notify the applicant, in writing, of the basis for the denial.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.155  Inactive Status

 

a)         A licensed funeral director and embalmer or licensed funeral director may elect to place a license on inactive status and shall be excused from paying renewal fees if the licensee notifies the Division in writing, on forms provided by the Division.  The license shall remain on inactive status until the licensee notifies the Division in writing of the desire to resume active status.

 

b)         Practice on a license that has lapsed or been placed in inactive status shall constitute unlicensed practice in violation of the Code.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.160  Restoration

 

a)         A funeral director and embalmer seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall submit the following:

 

1)         A signed and completed application, on forms provided by the Division;

 

2)         The required fee set forth in Section 1250.165;

 

3)         Proof of completion of the continuing education (CE) for the immediately preceding prerenewal period as set forth in Section 1250.220; however, the CE must include 3 hours of hands on embalming and 3 hours of Occupational Safety and Health Administration compliance.  Acceptable proof of completion shall be in the form of certificates of attendance provided by licensed CE sponsors; and

 

4)         One of the following:

 

A)        Sworn evidence of active practice in another jurisdiction, including:

 

i)          a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice or;

 

ii)         if the profession is not licensed in the other jurisdiction, a statement from the licensee's employer;

 

B)        An affidavit attesting to military service as provided in Sections 5-15 and 10-35 of the Code.  If application is made within 2 years after honorable discharge, and if all other provisions of Sections 5-15 and 10-35 of the Code are satisfied, the applicant will not be required to pay a restoration fee or any lapsed renewal fees; or

 

C)        Evidence of education or experience acceptable to the Division, within the 5 years preceding restoration, of the licensee's fitness and competence in funeral directing and embalming, including, but not be limited to:

 

i)          Verification of successful completion of the Conference examination, as set forth in Section 1250.140, to be forwarded by the Conference directly to the Division; or

 

ii)         Proof of completion of 6 credit hours at an approved program of mortuary science, in addition to any CE hours. Funeral director and embalmers seeking restoration shall complete 3 hours related to funeral directing and 3 hours related to embalming.

 

b)         A licensee seeking restoration of a license that has expired or been on inactive status for less than 5 years, or has been placed in nonrenewed status for failure to comply with CE requirements, shall submit the following:

 

1)         A signed and completed application on forms provided by the Division;

 

2)         The required fees set forth in Section 1250.165;

 

3)         Proof of completion of the required CE set forth in Section 1250.220.  Acceptable proof of completion shall be in the form of certificates of attendance provided by licensed CE sponsors.

 

c)         A person seeking restoration of a license within 2 years after honorable discharge from military service pursuant to Section 5-15 of the Code will be required to pay only the current renewal fee and will not be required to submit proof of completing the CE requirements.

 

d)         When any submitted documentation is questioned by the Division, the licensee seeking restoration may be required to provide additional information.

 

e)         Persons holding a funeral director license and an embalmer license issued prior to June 1, 1991 shall restore both the funeral director license and the embalmer license.  Persons holding a funeral director license issued prior to June 1, 1991 may restore that funeral director license.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.165  Fees

 

a)         All fees paid pursuant to the Code and this Section shall be made out to the Department of Financial and Professional Regulation and are nonrefundable.

 

b)         Application Fees

 

1)         The application fee for a funeral director and embalmer license is $100.

 

2)         The application fee for a funeral director and embalmer license by endorsement is $200.

 

3)         The application fee for a funeral director and embalmer intern license is $50.

 

4)        The application fee for a CE sponsor license is $500.

 

c)         Renewal Fees

 

1)         The renewal fee for a funeral director and embalmer license or a funeral director and embalmer intern license is $50 per year.

 

2)         The renewal fee for a funeral director license is $25 per year.

 

3)         The renewal fee for a CE sponsor license is $125 per year.  If a CE sponsor allows the license to lapse, the CE sponsor shall be required to submit $500 to restore the license.

 

d)         General Fees

 

1)         The restoration fee for an expired funeral director and embalmer license is $50 plus all lapsed renewal fees, not to exceed $300.

 

2)         The restoration fee for an expired funeral director license is $50 plus all lapsed renewal fees, not to exceed $175.

 

3)         No fee is required for name and address changes on Division records when no duplicate license is issued.

 

4)         The fee for a certification of a licensee's record for any purpose is $20.

 

5)         The fee to have the scoring of an examination administered by the Division reviewed and verified is $20 plus any fee charge by the Conference.

 

6)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

7)         The fee for a roster of licensees shall be the actual cost of producing the roster.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.170  Preparation Room Requirements

 

a)         In accordance with Section 15-55 of the Code, each fixed place of practice or establishment devoted to the care and preparation for burial or for transportation of deceased human bodies shall maintain a preparation room properly equipped with necessary drainage, running water, electricity and ventilation facilities and containing instruments and supplies necessary for the preparation and embalming of deceased human bodies.  Each branch operation of an Illinois funeral business need not have its own preparation room as long as the business has at least one preparation room at one of its Illinois locations, so long as each business is owned by the same entity.

 

b)         The care and preparation for burial of all deceased bodies, regardless of cause of demise, shall be entirely private and no one shall be allowed in the preparation room until the body is fully prepared and dressed, except licensed funeral directors, licensed funeral directors and embalmers, licensed interns, their assistants, bona fide students of mortuary science, the medical examiner, the coroner, their representatives and representatives of the Division or, except when it is determined to be necessary by the funeral director, medical examiner or coroner.

 

c)         A notice of privacy shall be affixed to or adjacent to the preparation room.

 

d)         Preparation rooms shall be maintained in a sanitary condition with necessary drainage and proper ventilation as set forth in the Code.

 

e)         Preparation rooms shall be available to the Division for inspection to determine compliance with the Code and this Part.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.180  Representative of Licensee at Final Disposition at Cemetery

 

a)         As set forth in Section 15-75(b)(36)(D) of the Code, "representative" means a person:

 

1)         employed or contracted by the licensed funeral director and embalmer or licensed funeral director who has been engaged to provide funeral or embalming services; or

 

2)         employed by the same funeral establishment that employs the licensed funeral director and embalmer or licensed funeral director who has been engaged to provide funeral or embalming services.

 

b)         "Representative" includes another licensed funeral director and embalmer, a licensed funeral director, a licensed funeral director and embalmer intern, or an unlicensed employee or contractor.

 

c)         "Representative" does not include a person employed or contracted by the cemetery at which final disposition is made, except when the funeral establishment and the cemetery have the same owners.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.190  Violations (Repealed)

 

(Source:  Repealed at 15 Ill. Reg. 8238, effective May 16, 1991)

 

Section 1250.200  Renewals

 

a)         Every license issued under the Code shall expire on May 31 of each odd-numbered year.

 

b)         Each licensee must notify the Division of any change of address.  Failure to be notified of renewal shall not constitute an excuse for failure to renew one's license.

 

c)         No license of a funeral director and embalmer intern shall be renewed more than twice (Section 10-35 of the Code).

 

d)         Practicing or attempting to practice while a license is expired shall constitute unlicensed practice and shall be grounds for discipline as set forth in Section 15-75 of the Code.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.205  Advertising

 

a)         Funeral director and funeral director and embalmer licensees may advertise in any medium.  All advertising shall be truthful and not be fraudulent, deceptive, inherently misleading or misleading in practice.  Advertising shall contain all information necessary to communicate the information contained in that advertising to the public in an accurate, direct, dignified and readily comprehensive manner.

 

b)         A person may not, in any advertisement by newspaper, periodical, internet web page, telephone book listing, direct mail, or electronic mail advertisement, represent that the person conducts the business of a funeral director and embalmer or provides any funeral or embalmer service, unless the advertisement includes a name of at least one licensed individual and the address of one funeral establishment or place of business at which the advertising person or entity conducts business or provides services.

 

c)         Advertising may include, but is not limited to, the following information:

 

1)         Licensee's business hours;

 

2)         Schools attended;

 

3)         Announcement of the opening of, change of, or return to practice;

 

4)         Announcement of additions to or deletions from professional staff;

 

5)         Availability of pre-need arrangements;

 

6)         Professional society memberships;

 

7)         Credit arrangements;

 

8)         Foreign language ability;

 

9)         Fees for professional services and merchandise that must include a statement that fees may be adjusted due to unforeseen circumstances;

 

10)         Description of the establishment in which the licensee practices, e.g., accessibility to the handicapped, chapel facilities on the premises, convenience of parking; or

 

11)         Other information about the licensee, the licensee's practice, or the types of practice relevant to seeking the licensee's services.

 

d)         Television or radio advertisements shall be prerecorded and approved for broadcast by the licensee, and a recording and/or videotape of the advertisement shall be retained by the licensee for at least 5 years.

 

e)         Untruthful, fraudulent, deceptive, inherently misleading, or misleading in practice advertising includes, but is not limited to, advertising:

 

1)         Containing a misrepresentation of fact or omitting a material fact required to prevent deception;

 

2)         Taking advantage of a prospective client's fears, anxieties, vanities or other emotions;

 

3)         Containing testimonials and/or exaggerations pertaining to the quality of funeral services;

 

4)         Describing products or services that are not permitted by State or federal laws; and

 

5)         Describing professional services that the licensee is not licensed to provide.

 

(Source:  Amended at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.207  Solicitation

 

a)         The solicitation of funeral services at the residence of a client or prospective client, or at any health care institution in which the client or prospective client is confined, that is uninvited and has not been previously agreed to by the client or prospective client is prohibited.  A licensee, or a licensee's representative, may initiate contact with a client or prospective client, in the following manner:

 

1)         General advertising;

 

2)         Direct mail;

 

3)         Telephone; or

 

4)         As an invitee of a charitable, social, civic, religious, fraternal, employee or trade organization.

 

b)         A licensee, or a licensee's representative, shall not initiate contact with a client or prospective client if:

 

1)         The licensee, or licensee's representative, reasonably should know that the physical, emotional or mental state of the person solicited is such that the person could not exercise reasonable judgment;

 

2)         The person solicited has made known a desire not to receive the communication; or

 

3)         The solicitation involves coercion, duress or harassment.

 

(Source:  Added at 41 Ill. Reg. 11361, effective September 8, 2017)

 

Section 1250.210  Granting Variances

 

The Director may grant variances from this Part in individual cases in which the Director finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance;

 

c)         The rules from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 45 Ill. Reg. 2804, effective March 1, 2021)

 

Section 1250.220  Continuing Education

 

a)         Continuing Education Hour Requirements

 

1)         Every funeral director and embalmer renewal applicant shall complete 24 CE hours relevant to the practice of funeral directing and embalming during each prerenewal period.  The 24 CE hours shall include a minimum of 6 interactive CE hours related to the practice of funeral directing and a minimum of 6 interactive CE hours related to the practice of embalming.  No more than 6 CE hours may consist of insurance courses.

 

2)         Every funeral director renewal applicant shall complete 12 CE hours relevant to the practice of funeral directing during each prerenewal period.  No more than 3 CE hours may consist of insurance courses.

 

3)         The Division shall conduct random audits to verify CE compliance.

 

4)         A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

 

5)         Funeral directors and embalmers licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

 

b)         Activities for which CE credit may be earned are as follows:

 

1)         Verified attendance at a CE course or participation in a program given by a licensed CE sponsor.

 

2)         A maximum of 6 CE hours for funeral directors or 12 CE hours for funeral directors and embalmers per prerenewal period for:

 

A)        Personal preparation of an educational presentation pertaining to funeral directing and/or embalming that is orally delivered before recognized funeral directing and embalming organizations;

 

B)        Writing and publishing articles regarding funeral directing or embalming in nationally recognized funeral directing and embalming journals; or

 

C)        Writing a chapter in a book pertaining to funeral directing or embalming.

 

3)         A licensee who serves as an instructor, speaker or discussion leader of an approved CE course will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation.  Preparation time shall not be allowed for repetitious presentations of the same course and will only be allowed for additional study or research.  In no case shall credit for actual time of presentation and preparation be given for more than 6 CE hours for funeral directors or 12 CE hours for funeral directors and embalmers during any prerenewal period.

 

4)         A maximum of 24 CE hours shall be accepted for CE courses completed at an accredited college or university. One semester hour shall equal 8 CE hours.  One quarter hour shall equal 6 CE hours.

 

5)         A CE hour means a minimum of 50 minutes of actual attendance at, and completion of, an approved CE course.  One-half CE credits (equal to 25 minutes) are permitted after the first credit has been earned.

 

6)         A CE course shall not be presented during a dinner or social function.  The dinner or social function must be concluded before the CE course commences or be held after the CE course is completed.  If the CE course is held after the dinner or social function commences, no alcohol may be served.

 

7)         All CE hours may be earned by online methods through an approved sponsor (see Section 1250.230) through a CE format (see Section 1250.220(c)).

 

c)         CE Format

 

1)         Interactive CE

 

A)        Interactive CE means classroom courses or CE that uses interactive learning methodologies that simulate the classroom learning process by employing computer software, other technology or administrative systems that provide significant, ongoing, interactive feedback to the learner regarding his or her learning process.

 

B)        A minimum of 12 CE hours per renewal period shall be interactive.

 

2)         Non-Interactive CE

Non-interactive CE does not employ interactive features.  Examples include videos, books and audiotapes.

 

d)         Certification of Compliance with Continuing Education Requirements

 

1)         Each licensee shall certify, on the renewal application, full compliance with the CE requirements set forth in this Section.

 

2)         The Division may require additional evidence of compliance in the context of the Division's random audit.

 

e)         Continuing Education Earned in Other Jurisdictions

If a licensee has earned CE hours in another jurisdiction not given by an approved CE sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the licensee shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the CE course or within 90 days prior to expiration of the license.  The Division shall review and recommend approval or disapproval of the program using the criteria set forth in Section 1250.230(c).

 

f)         Exemptions

 

1)         Licensees who properly received the 40-year exemption by January 1, 2016, as set forth in Section 5-15 of the Code, are exempt from CE requirements.

 

2)         A licensee may request an exemption from the CE requirements if:

 

A)        The licensee is on full-time active duty in the military service of the United States, or is a licensee who is called to temporary active duty in the military service or state militia for a period of time exceeding 120 consecutive days during the prerenewal period, when that activity restricts participation in CE; or

 

B)        The licensee demonstrates to the satisfaction of the Division that meeting these requirements would constitute undue hardship by reason of disability, illness or other clearly mitigating circumstances.  The supporting documentation shall include a sworn statement by the licensee, a statement from a physician, or medical records that show the disability, illness or circumstance prevented the licensee's participation in CE during a substantial part of the prerenewal period.  If good cause has been shown, the Division shall waive disciplinary action and extend the time within which the licensee shall comply.  In cases of noncompliance by reason of advanced age or serious health conditions lasting a substantial part of the prerenewal period, disciplinary action shall not be waived for more than one prerenewal period.

 

3)         Any licensee who, prior to the expiration date of the license, submits a request for exemption under this Section shall be deemed to be in good standing until the Division's decision on the request has been made.

 

4)         Any licensee who submits a request for exemption that is denied may then request the license be placed on inactive status.  The licensee shall comply with CE requirements prior to restoration of the license from inactive status, in accordance with Section 1250.160.

 

(Source:  Amended at 45 Ill. Reg. 2804, effective March 1, 2021)

 

Section 1250.230  Continuing Education Sponsors and Courses

 

a)         CE sponsor, as set forth in Sections 5-15 and 10-35 of the Code, shall mean the following:

 

1)         An accredited college or university or a State agency;

 

2)         Illinois Funeral Directors Association;

 

3)         Funeral Directors Services Association of Greater Chicago;

 

4)         Cook County Association of Funeral Home Owners, Inc.;

 

5)         Illinois Selected Morticians Association;

 

6)         National Funeral Directors Association;

 

7)         Illinois Cemetery and Funeral Home Association;

 

8)         Selected Independent Funeral Homes;

 

9)         An Illinois school of mortuary science;

 

10)        International Order of the Golden Rule;

 

11)        National Funeral Directors and Morticians Association; or

 

12)        Any other person or entity licensed as a CE sponsor under subsection (b).

 

b)         A person or entity seeking to provide CE shall submit:

 

1)         A signed and completed application on forms provided by the Division;

 

2)         The required fee set forth in Section 1250.165; and

 

3)         A copy of the certificate of attendance the CE sponsor will issue, which shall contain the information set forth in subsection (d).

 

c)         All CE courses shall:

 

1)         Contain materials that contribute to the advancement, extension and enhancement of professional skills and knowledge in the practice of funeral directing or embalming.  The course content shall be designed to focus on advancement and enhancement of professional skills and knowledge;

 

2)         Be developed and presented by persons with education and/or practical experience in the presented subject matter;

 

3)         Include a student evaluation of both instructor and the course;

 

4)         Specify the course objectives and content, teaching method to be used, and number of Illinois CE hours earned in all relevant materials;

 

5)         Verify attendance; and

 

6)         Be open to all licensed funeral directors and funeral directors and embalmers and not be limited to the members of a single organization or group.

 

d)         Certificate of Attendance

 

1)         Each licensed CE sponsor shall provide each participant with a certificate of attendance containing the following:

 

A)        The CE sponsor's license number, name, address and signature;

 

B)        The participant's name and license number;

 

C)        A brief statement of the subject matter;

 

D)        The number of CE hours awarded and the CE topic (i.e., funeral directing, embalming, insurance, OSHA compliance, etc.);

 

E)        The date and place of the course; and

 

F)         The method of delivery of the course (i.e., classroom, webinar, video, book, audiotape, etc.).

 

2)         CE sponsors shall provide all participants with a certificate of attendance upon the successful completion of a CE course.

 

e)         The CE sponsor shall maintain course materials and attendance records containing all information in subsection (d)(1) for not less than 7 years, except for the signature of the sponsor.

 

f)         The CE sponsor shall ensure that participants only receive CE credit for time actually spent attending the CE course.

 

g)         The Division may evaluate a CE sponsor at any time.  If the Division determines that a CE sponsor failed to comply with this Part, the Division shall thereafter refuse to accept that CE sponsor's CE for credit until the Division receives proof of compliance.

 

(Source:  Added at 41 Ill. Reg. 11361, effective September 8, 2017)