Public Act 103-0419
 
HB1367 EnrolledLRB103 25732 CPF 52081 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Funeral Directors and Embalmers Licensing 
Code is amended  by changing Section 10-35 as follows:
 
    (225 ILCS 41/10-35)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 10-35. Renewal; reinstatement; restoration. 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
and embalmer or funeral 
director and embalmer intern may renew
the license
during the 
month preceding the expiration date of the license by paying 
the
required fee. A licensed funeral director and embalmer or 
licensed funeral
director and embalmer trainee whose license 
has expired may have the license
reinstated within 5 years 
from the date of expiration upon payment of the
required 
reinstatement fee and fulfilling the requirements of the 
Department's
rules.  The reinstatement of the license is 
effective as of the date of the
reissuance of the license.
    Any licensed funeral director and embalmer whose license 
has been expired
for more than 5 years may have the license 
restored only by fulfilling the
requirements set forth in the 
Department's rules and by paying the required
restoration fee. 
However, any licensed funeral director and embalmer or

licensed funeral director and embalmer intern whose license 
has
expired while
he or she has been engaged (1) in federal 
service on active duty with the United States Army,
 Navy, 
Marine Corps, Air Force,
or 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 his or her service, training
or education has 
been so terminated.
    No license of a funeral director and embalmer intern shall 
be
renewed more
than twice.
    In addition to any other requirement for renewal of a 
license or
reinstatement or restoration of an expired license, 
as a condition for the renewal,
reinstatement, or restoration 
of a license as a licensed funeral director and embalmer, each

licensee shall provide evidence to the Department of 
completion of at least 24
hours of continuing education during 
the 24 months preceding the expiration
date of the license, or 
in the case of reinstatement or restoration, within the 24 
months
preceding the application for reinstatement or 
restoration.  The continuing education sponsors
shall be 
approved by the Board.  In addition, any qualified continuing

education course for funeral directors and embalmers 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
Associations, Inc., Illinois 
Cemetery and Funeral Home Association,
National Funeral 
Directors Association,
Selected Independent Funeral Homes, 
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 the records, or by 
other means established by the Department.
    Except as otherwise provided in this paragraph, a person 
who is licensed as a funeral director and embalmer under this 
Code
 and who has engaged in the practice of funeral directing 
and embalming for
at least 40
years shall be exempt from the 
continuing education requirements of this
Section. Licensees 
who have not engaged in the practice of funeral directing and 
embalming for at least 40 years by January 1, 2016 shall not 
receive this exemption after that date. In addition,
the 
Department shall establish by rule an exemption or exception, 
for a limited period of time, for
funeral directors and 
embalmers who, by reason of advanced age, health or
other 
extreme condition, should reasonably be excused from the 
continuing
education requirement upon the approval of the 
Secretary.  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.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
 

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