HB6420 Enrolled LRB096 21048 MJR 36898 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Funeral Directors and Embalmers Licensing
5 Code is amended by changing Sections 1-10, 1-15, 1-20, 5-10,
6 5-15, 10-25, 10-30, 10-35, 15-5, 15-10, 15-15, 15-20, 15-30,
7 15-35, 15-40, 15-45, 15-55, 15-65, 15-70, 15-75, 15-85, and
8 20-15 and by adding Sections 1-30, 5-7, 10-7, 15-16, 15-17,
9 15-21, 15-22, 15-41, 15-46, 15-77, 15-91, 15-100, 15-105, and
10 15-110 as follows:
 
11     (225 ILCS 41/1-10)
12     (Section scheduled to be repealed on January 1, 2013)
13     Sec. 1-10. Definitions. As used in this Code:
14     "Address of record" means the designated address recorded
15 by the Department in the applicant's or licensee's application
16 file or license file.
17     "Applicant" means any person making application for a
18 license or certificate of registration. Any applicant or any
19 person who holds himself out as an applicant is considered a
20 licensee for purposes of enforcement, investigation, hearings,
21 and the Illinois Administrative Procedure Act.
22     "Board" means the Funeral Directors and Embalmers
23 Licensing and Disciplinary disciplinary Board.

 

 

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1     "Certificate of Death" means a certificate of death as
2 referenced in the Illinois Vital Records Act.
3     "Customer service employee" means a funeral establishment,
4 funeral chapel, funeral home, or mortuary employee who has
5 direct contact with consumers and explains funeral or burial
6 merchandise or services or negotiates, develops, or finalizes
7 contracts with consumers. This definition includes, without
8 limitation, an individual that is an independent contractor or
9 an individual employed or contracted by an independent
10 contractor who has direct contact with consumers and explains
11 funeral or burial merchandise or services or negotiates,
12 develops, or finalizes contracts with consumers. This
13 definition does not include a funeral establishment, funeral
14 chapel, funeral home, or mortuary employee, an individual who
15 is an independent contractor, or an individual employed or
16 contracted by an independent contractor who merely provides a
17 printed price list to a consumer, processes payment from a
18 consumer, or performs sales functions related solely to
19 incidental merchandise like flowers, keepsakes, memorial
20 tributes, or other similar items.
21     "Department" means the Department of Financial and
22 Professional Regulation.
23     "Director" means the Director of Professional Regulation.
24     "Funeral director and embalmer" means a person who is
25 licensed and qualified to practice funeral directing and to
26 prepare, disinfect and preserve dead human bodies by the

 

 

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

 

 

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

 

 

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

 

 

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1     crematory or other place of final disposition shall be
2     under the immediate direct supervision of a licensee unless
3     otherwise permitted by this Section. The transportation of
4     deceased human remains that are embalmed or otherwise
5     prepared and enclosed in an appropriate container to some
6     other place that is not the place of final disposition,
7     such as another funeral home or common carrier, or to a
8     facility that shares common ownership with the
9     transporting funeral home may be performed under the
10     general supervision of a licensee, but the supervision need
11     not be immediate or direct.
12         (d) The administering and conducting of, or assuming
13     responsibility for administering and conducting of, at
14     need funeral arrangements.
15         (e) The assuming custody of, transportation, providing
16     shelter, protection and care and disposition of deceased
17     human remains and the furnishing of necessary funeral
18     services, facilities and equipment.
19         (f) Using in connection with a name or practice the
20     word "funeral director,", "undertaker,", "mortician,",
21     "funeral home,", "funeral parlor,", "funeral chapel,", or
22     any other title implying that the person is engaged in the
23     practice of funeral directing.
24     Within the existing scope of the practice of funeral
25 directing or funeral directing and embalming, only a licensed
26 funeral director, a licensed funeral director and embalmer, or

 

 

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1 a licensed funeral director and embalmer intern under the
2 restrictions provided for in this Code, and not any other
3 person employed or contracted by the licensee, may engage in
4 the following activities at-need: (1) have direct contact with
5 consumers and explain funeral or burial merchandise or services
6 or (2) negotiate, develop, or finalize contracts with
7 consumers. This paragraph shall not be construed or enforced in
8 such a manner as to limit the functions of persons regulated
9 under the Illinois Funeral or Burial Funds Act, the Illinois
10 Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
11 Cemetery Care Act, the Cemetery Association Act, the Illinois
12 Insurance Code, or any other related professional regulatory
13 Act.
14     The practice of funeral directing shall not include the
15 phoning in of obituary notices, ordering of flowers for the
16 funeral, or reporting of prices on the firm's general price
17 list as required by the Federal Trade Commission Funeral Rule
18 by nonlicensed persons, or like clerical tasks incidental to
19 the act of making funeral arrangements.
20     The making of funeral arrangements, at need, shall be done
21 only by licensed funeral directors or licensed funeral
22 directors and embalmers. Licensed funeral director and
23 embalmer interns may, however, assist or participate in the
24 arrangements under the direct supervision of a licensed funeral
25 director or licensed funeral director and embalmer.
26 (Source: P.A. 93-268, eff. 1-1-04.)
 

 

 

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1     (225 ILCS 41/1-20)
2     (Section scheduled to be repealed on January 1, 2013)
3     Sec. 1-20. Funeral directing and embalming; definition.
4 "The practice of funeral directing and embalming" means:
5         (a) The practice of preparing, otherwise than by
6     embalming, for the burial, cremation, or disposal and
7     directing and supervising the burial or disposal of
8     deceased human remains or performing any act or service in
9     connection with the preparing of dead human bodies.
10     Preparation, direction, and supervision shall not be
11     construed to mean those functions normally performed by
12     cemetery and crematory personnel.
13         (b) The practice of operating a place for preparing for
14     the disposition of deceased human bodies or for caring for
15     deceased human bodies before their disposition. Nothing in
16     this Code shall prohibit the ownership and management of
17     such a place by an unlicensed owner if the place is
18     operated in accordance with this Code and the unlicensed
19     owner does not engage in any form of funeral directing and
20     embalming.
21         (c) The removal of a deceased human body from its place
22     of death, institution or other location. A licensed funeral
23     director and embalmer intern may remove a deceased human
24     body from its place of death, institution, or other
25     location without another licensee being present. The

 

 

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1     licensed funeral director and embalmer may engage others
2     who are not licensed funeral directors and embalmers,
3     licensed funeral directors, or licensed funeral director
4     and embalmer interns to assist in the removal if the
5     funeral director and embalmer directs and instructs them in
6     handling and precautionary procedures and accompanies them
7     on all calls. The transportation of deceased human remains
8     to a cemetery, crematory or other place of final
9     disposition shall be under the immediate, direct
10     supervision of a licensee unless otherwise permitted by
11     this Section. The transportation of deceased human remains
12     that are embalmed or otherwise prepared and enclosed in an
13     appropriate container to some other place that is not the
14     place of final disposition, such as another funeral home or
15     common carrier, or to a facility that shares common
16     ownership with the transporting funeral home may be
17     performed under the general supervision of a licensee, but
18     the supervision need not be immediate or direct.
19         (d) The administering and conducting of, or assuming
20     responsibility for administering and conducting of, at
21     need funeral arrangements.
22         (e) The assuming custody of, transportation, providing
23     shelter, protection and care and disposition of deceased
24     human remains and the furnishing of necessary funeral
25     services, facilities and equipment.
26         (f) Using in connection with a name or practice the

 

 

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

 

 

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1 include the phoning in of obituary notices, ordering of flowers
2 for the funeral, or reporting of prices on the firm's general
3 price list as required by the Federal Trade Commission Funeral
4 Rule by nonlicensed persons, or like clerical tasks incidental
5 to the act of making funeral arrangements.
6     The making of funeral arrangements, at need, shall be done
7 only by licensed funeral directors or licensed funeral
8 directors and embalmers. Licensed funeral director and
9 embalmer interns may, however, assist or participate in the
10 arrangements under the direct supervision of a licensed funeral
11 director or licensed funeral director and embalmer.
12 (Source: P.A. 93-268, eff. 1-1-04.)
 
13     (225 ILCS 41/1-30 new)
14     (Section scheduled to be repealed on January 1, 2013)
15     Sec. 1-30. Powers of the Department. Subject to the
16 provisions of this Code, the Department may exercise the
17 following powers:
18     (1) To authorize examinations to ascertain the
19 qualifications and fitness of applicants for licensing as a
20 licensed funeral director and embalmer and pass upon the
21 qualifications of applicants for licensure.
22     (2) To examine the records of a licensed funeral director
23 or licensed funeral director and embalmer from any year or any
24 other aspect of funeral directing and embalming as the
25 Department deems appropriate.

 

 

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1     (3) To investigate any and all funeral directing and
2 embalming activity.
3     (4) To conduct hearings on proceedings to refuse to issue
4 or renew licenses or to revoke, suspend, place on probation,
5 reprimand, or otherwise discipline a license under this Code or
6 take other non-disciplinary action.
7     (5) To adopt rules required for the administration of this
8 Code.
9     (6) To prescribe forms to be issued for the administration
10 and enforcement of this Code.
11     (7) To maintain rosters of the names and addresses of all
12 licensees and all persons whose licenses have been suspended,
13 revoked, denied renewal, or otherwise disciplined within the
14 previous calendar year. These rosters shall be available upon
15 written request and payment of the required fee as established
16 by rule.
17     (8) To contract with third parties for services necessary
18 for the proper administration of this Code including, without
19 limitation, investigators with the proper knowledge, training,
20 and skills to properly inspect funeral homes and investigate
21 complaints under this Code.
 
22     (225 ILCS 41/5-7 new)
23     (Section scheduled to be repealed on January 1, 2013)
24     Sec. 5-7. Address of record. It is the duty of the
25 applicant or licensee to inform the Department of any change of

 

 

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1 address within 14 days after the change of address, either
2 through the Department's website or by contacting the
3 Department's licensure maintenance unit.
 
4     (225 ILCS 41/5-10)
5     (Section scheduled to be repealed on January 1, 2013)
6     Sec. 5-10. Funeral director license; display. Every holder
7 of a license as a funeral director shall display it in a
8 conspicuous place in the licensee's place of practice or in the
9 place of practice in which the licensee is employed or, in case
10 the licensee is engaged in funeral directing at more than one
11 place of practice, then in the licensee's principal place of
12 practice or the principal place of practice of the licensee's
13 employer and a copy of the license shall be displayed in a
14 conspicuous place at all other places of practice.
15 (Source: P.A. 93-268, eff. 1-1-04.)
 
16     (225 ILCS 41/5-15)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 5-15. Expiration and renewal; inactive status;
19 continuing education. The expiration date and renewal period
20 for each license issued under this Article shall be set by
21 rule. The holder of a license as a licensed funeral director
22 may renew the license during the month preceding the expiration
23 date of the license by paying the required fee. A licensed
24 funeral director whose license has expired may have the license

 

 

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1 reinstated within 5 years from the date of expiration upon
2 payment of the required reinstatement fee. The reinstatement
3 shall be effective as of the date of reissuance of the license.
4     Any licensed funeral director whose license has been
5 expired for more than 5 years may have the license restored
6 only by fulfilling the requirements of the Department's rules
7 and by paying the required restoration fee. However, any
8 licensed funeral director whose license has expired while he or
9 she has been engaged (1) in federal service on active duty with
10 the United States Army, of the United States, the United States
11 Navy, the Marine Corps, the Air Force, or the Coast Guard, or
12 the State Militia called into the service or training of the
13 United States of America or (2) in training or education under
14 the supervision of the United States preliminary to induction
15 into the military service may have his or her license restored
16 without paying any lapsed renewal fees or restoration fee or
17 without passing any examination if, within 2 years after
18 termination of the service, training or education other than by
19 dishonorable discharge, he or she furnishes the Department with
20 an affidavit to the effect that he or she has been so engaged
21 and that his or her service, training or education has been so
22 terminated.
23     In addition to any other requirement for renewal of a
24 license or reinstatement or restoration of an expired license,
25 as a condition for the renewal, or reinstatement, or
26 restoration of a license as a licensed funeral director, each

 

 

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

 

 

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1     A person who is licensed as a funeral director under this
2 Code Act and who has engaged in the practice of funeral
3 directing for at least 40 years shall be exempt from the
4 continuing education requirements of this Section. In
5 addition, the Department shall establish by rule an exemption
6 or exception, for a limited period of time, for funeral
7 directors who, by reason of advanced age, health or other
8 extreme condition should reasonably be excused from the
9 continuing education requirement upon explanation to the
10 Board, the approval of the Secretary Director, or both. Those
11 persons, identified above, who cannot attend on-site classes,
12 shall have the opportunity to comply by completing home study
13 courses designed for them by sponsors.
14     Any funeral director who notifies the Department in writing
15 on forms prescribed by the Department may elect to place his or
16 her license on an inactive status and shall, subject to rules
17 of the Department, be excused from payment of renewal fees and
18 completion of continuing education requirements until he or she
19 notifies the Department in writing of an intent to restore or
20 reinstate the license to active status. Any licensee requesting
21 restoration or reinstatement from inactive status shall notify
22 the Department as provided by rule of the Department and pay
23 the fee required by the Department for restoration or
24 reinstatement of the license. Any licensee whose license is on
25 inactive status shall not practice in the State of Illinois.
26     Practice on a license that has lapsed or been placed in

 

 

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1 inactive status is practicing without a license and a violation
2 of this Code.
3 (Source: P.A. 92-641, eff. 7-11-02; 93-268, eff. 1-1-04.)
 
4     (225 ILCS 41/10-7 new)
5     (Section scheduled to be repealed on January 1, 2013)
6     Sec. 10-7. Address of record. It is the duty of the
7 applicant or licensee to inform the Department of any change of
8 address within 14 days after the change of address, either
9 through the Department's website or by contacting the
10 Department's licensure maintenance unit.
 
11     (225 ILCS 41/10-25)
12     (Section scheduled to be repealed on January 1, 2013)
13     Sec. 10-25. Examinations. The Department shall authorize
14 and hold examinations of applicants for licenses as licensed
15 funeral directors and embalmers. The examination may include
16 both practical demonstrations and written and oral tests and
17 shall embrace the subjects of anatomy, sanitary science, health
18 regulations in relation to the handling of deceased human
19 bodies, measures used by funeral directors and embalmers for
20 the prevention of the spread of diseases, the care,
21 preservation, embalming, transportation, and burial of dead
22 human bodies, and other subjects relating to the care and
23 handling of deceased human bodies as set forth in this Article
24 and as the Department by rule may prescribe.

 

 

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1     Whenever the Secretary Director is not satisfied that
2 substantial justice has been done in an examination, the
3 Secretary Director may order a reexamination.
4     If an applicant neglects, fails without an approved excuse
5 or refuses to take the next available examination offered for
6 licensure under this Code, the fee paid by the applicant shall
7 be forfeited to the Department and the application denied. If
8 an applicant fails to pass an examination for licensure under
9 this Code within 3 years after filing an application, the
10 application shall be denied. However, the applicant may
11 thereafter make a new application for examination which shall
12 be accompanied by the required fee.
13 (Source: P.A. 87-966.)
 
14     (225 ILCS 41/10-30)
15     (Section scheduled to be repealed on January 1, 2013)
16     Sec. 10-30. Issuance, display of license. Whenever an
17 applicant has met the requirements of this Code, the Department
18 shall issue to the applicant a license as a licensed funeral
19 director and embalmer or licensed funeral director and embalmer
20 intern, as the case may be.
21     Every holder of a license shall display it in a conspicuous
22 place in the licensee's place of practice or in the place of
23 practice in which the licensee is employed. In case the
24 licensee is engaged in funeral directing and embalming at more
25 than one place of practice, then the license shall be displayed

 

 

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1 in the licensee's principal place of practice or the principal
2 place of practice of the licensee's employer and a copy of the
3 license shall be displayed in a conspicuous place at all other
4 places of practice.
5 (Source: P.A. 93-268, eff. 1-1-04.)
 
6     (225 ILCS 41/10-35)
7     (Section scheduled to be repealed on January 1, 2013)
8     Sec. 10-35. Renewal; reinstatement; restoration;
9 continuing education. The expiration date and renewal period
10 for each license issued under this Article shall be set by
11 rule. The holder of a license as a licensed funeral director
12 and embalmer or funeral director and embalmer intern may renew
13 the license during the month preceding the expiration date of
14 the license by paying the required fee. A licensed funeral
15 director and embalmer or licensed funeral director and embalmer
16 trainee whose license has expired may have the license
17 reinstated within 5 years from the date of expiration upon
18 payment of the required reinstatement fee and fulfilling the
19 requirements of the Department's rules. The reinstatement of
20 the license is effective as of the date of the reissuance of
21 the license.
22     Any licensed funeral director and embalmer whose license
23 has been expired for more than 5 years may have the license
24 restored only by fulfilling the requirements set forth in the
25 Department's rules and by paying the required restoration fee.

 

 

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

 

 

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1 within the 24 months preceding the application for
2 reinstatement or restoration. The continuing education
3 sponsors shall be approved by the Board. In addition, any
4 qualified continuing education course for funeral directors
5 and embalmers offered by a college, university, the Illinois
6 Funeral Directors Association, Funeral Directors Services
7 Association of Greater Chicago, Cook County Association of
8 Funeral Home Owners, Inc., Illinois Selected Morticians
9 Associations, Inc., Illinois Cemetery and Funeral Home
10 Association, National Funeral Directors Association, Selected
11 Independent Funeral Homes, National Funeral Directors and
12 Morticians Association, Inc., International Order of the
13 Golden Rule, or an Illinois school of mortuary science shall be
14 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 accomplished
19 through audits of records maintained by licensees, by requiring
20 the filing of continued education certificates with the
21 Department or a qualified organization selected by the
22 Department to maintain the records, or by other means
23 established by the Department.
24     A person who is licensed as a funeral director and embalmer
25 under this Code Act and who has engaged in the practice of
26 funeral directing and embalming for at least 40 years shall be

 

 

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1 exempt from the continuing education requirements of this
2 Section. In addition, the Department shall establish by rule an
3 exemption or exception, for a limited period of time, for
4 funeral directors and embalmers who, by reason of advanced age,
5 health or other extreme condition, should reasonably be excused
6 from the continuing education requirement upon explanation to
7 the Board, the approval of the Secretary Director, or both.
8 Those persons, identified above, who cannot attend on-site
9 classes, shall have the opportunity to comply by completing
10 home study courses designed for them by sponsors.
11     Any funeral director and embalmer who notifies the
12 Department in writing on forms prescribed by the Department,
13 may elect to place his or her license on an inactive status and
14 shall, subject to rules of the Department, be excused from
15 payment of renewal fees and completion of continuing education
16 requirements until he or she notifies the Department in writing
17 of an intent to restore or reinstate the license to active
18 status. While on inactive status, the licensee shall only be
19 required to pay a single fee, established by the Department, to
20 have the license placed on inactive status. Any licensee
21 requesting restoration or reinstatement from inactive status
22 shall notify the Department as provided by rule of the
23 Department and pay the fee required by the Department for
24 restoration or reinstatement of the license. Any licensee whose
25 license is on inactive status shall not practice in the State
26 of Illinois.

 

 

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1     Practice on a license that has lapsed or been placed in
2 inactive status is practicing without a license and a violation
3 of this Code.
4 (Source: P.A. 93-268, eff. 1-1-04.)
 
5     (225 ILCS 41/15-5)  (from Ch. 111, par. 2825)
6     (Section scheduled to be repealed on January 1, 2013)
7     Sec. 15-5. Funeral Directors and Embalmers Licensing and
8 Disciplinary Board. A Funeral Directors and Embalmers
9 Licensing and Disciplinary Board is created and shall consist
10 of 7 persons, 6 of whom are licensed to practice funeral
11 directing and embalming in this State, and one who is a
12 knowledgeable public member. Each member shall be appointed by
13 the Secretary Director of the Department. The persons so
14 appointed shall hold their offices for 4 years and until a
15 qualified successors are successor is appointed. All vacancies
16 occurring shall be filled by the Secretary Director for the
17 unexpired portion of the term rendered vacant. No member shall
18 be eligible to serve for more than 2 full consecutive terms.
19 The Secretary may remove any member of the Board for reasons
20 prescribed by law for removal of State officials or for
21 misconduct, incompetence, neglect of duty, or failing to attend
22 2 consecutive Board meetings. Any appointee may be removed by
23 the Director when in his or her discretion he or she finds
24 removal to be in the public interest. The cause for removal
25 must be set forth in writing. The Board shall annually select a

 

 

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1 chairman from its membership. The members of the Board shall be
2 reimbursed for all legitimate and necessary expenses incurred
3 in attending meetings of the Board. The Board may meet as often
4 as necessary to perform its duties under this Code, and shall
5 meet at least once a year in Springfield, Illinois.
6     Four members of the Board shall constitute a quorum. A
7 quorum is required for Board decisions.
8     The Department shall consider the recommendation of the
9 Board in the development of proposed rules under this Code.
10 Notice of any proposed rulemaking under this Code shall be
11 transmitted to the Board and the Department shall review the
12 response of the Board and any recommendations relating to that
13 rulemaking.
14     The Department may seek the advice and recommendations of
15 the Board on any matter relating to the administration and
16 enforcement of this Code.
17     The Department shall seek the advice and recommendations of
18 the Board in connection with any rulemaking or disciplinary
19 actions relating to funeral director and embalmers and funeral
20 director and embalmer interns, including applications for
21 restoration of revoked licenses. The Board shall have 60 days
22 to respond to a Department request for advice and
23 recommendations. If the Department fails to adopt, in whole or
24 in part, a Board recommendation in connection with any
25 rulemaking or disciplinary action, it shall provide a written
26 explanation of its specific reasons for not adopting the Board

 

 

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1 recommendation. The written explanations shall be made
2 available for public inspection.
3     The Department shall adopt all necessary and reasonable
4 rules and regulations for the effective administration of this
5 Code, and without limiting the foregoing, the Department shall
6 adopt rules and regulations:
7         (1) prescribing a method of examination of candidates;
8         (2) defining what shall constitute a school, college,
9     university, department of a university or other
10     institution to determine the reputability and good
11     standing of these institutions by reference to a compliance
12     with the rules and regulations; however, no school,
13     college, university, department of a university or other
14     institution that refuses admittance to applicants, solely
15     on account of race, color, creed, sex or national origin
16     shall be considered reputable and in good standing;
17         (3) establishing expiration dates and renewal periods
18     for all licenses;
19         (4) prescribing a method of handling complaints and
20     conducting hearings on proceedings to take disciplinary
21     action under this Code; and
22         (5) providing for licensure by reciprocity.
23 (Source: P.A. 93-268, eff. 1-1-04.)
 
24     (225 ILCS 41/15-10)
25     (Section scheduled to be repealed on January 1, 2013)

 

 

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1     Sec. 15-10. Administrative Procedure Act. The Illinois
2 Administrative Procedure Act is hereby expressly adopted and
3 incorporated into this Code as if all of the provisions of that
4 Act were included in this Code, except that the provision of
5 subsection (d) of Section 10-65 of the Illinois Administrative
6 Procedure Act that provides that at hearings the licensee has
7 the right to show compliance with all lawful requirements for
8 retention, continuation or renewal of the license is
9 specifically excluded. For the purposes of this Code the notice
10 required under Section 10-25 of the Illinois Administrative
11 Procedure Act is deemed sufficient when mailed to the last
12 known address of record a party.
13 (Source: P.A. 87-966; 88-45.)
 
14     (225 ILCS 41/15-15)
15     (Section scheduled to be repealed on January 1, 2013)
16     Sec. 15-15. Complaints; investigations; hearings; summary
17 suspension of license. The Department may investigate the
18 actions of any applicant or of any person or persons rendering
19 or offering to render services or any person holding or
20 claiming to hold a license under this Code.
21     The Department shall, before revoking, suspending, placing
22 on probation, reprimanding, or taking any other disciplinary
23 action, at least 30 days before the date set for the hearing,
24 (i) notify the accused in writing of the charges made and the
25 time and place for the hearing on the charges, (ii) direct him

 

 

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1 or her to file a written answer to the charges under oath
2 within 20 days after the service on him or her of the notice,
3 and (iii) inform the accused that, if he or she fails to
4 answer, default will be taken against him or her or that his or
5 her license may be suspended, revoked, or placed on
6 probationary status, or other disciplinary action taken with
7 regard to the license, including limiting the scope, nature, or
8 extent of his or her practice, as the Department may consider
9 proper.
10     At the time and place fixed in the notice, the Department
11 shall proceed to hear the charges and the parties or their
12 counsel shall be accorded ample opportunity to present any
13 pertinent statements, testimony, evidence, and arguments. The
14 Department may continue the hearing from time to time. In case
15 the person, after receiving the notice, fails to file an
16 answer, his or her license may, in the discretion of the
17 Department, be suspended, revoked, or placed on probationary
18 status, or the Department may take whatever disciplinary action
19 it considers proper, including limiting the scope, nature, or
20 extent of the person's practice or the imposition of a fine,
21 without a hearing, if the act or acts charged constitute
22 sufficient grounds for that action under this Code. The written
23 notice may be served by personal delivery or by certified mail
24 to the address specified by the accused in his or her last
25 notification with the Department.
26 The Department shall conduct regular inspections of all funeral

 

 

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1 establishments to determine compliance with the provisions of
2 this Code. The Department may upon its own motion and shall
3 upon the verified complaint in writing of any person setting
4 forth facts that if proved would constitute grounds for
5 refusal, suspension, revocation, or other disciplinary action
6 investigate the action of any person holding or claiming to
7 hold a license under this Code. The Department shall report to
8 the Board, on at least a quarterly basis, the status or
9 disposition of all complaints against, and investigations of,
10 license holders. The Department shall, before refusing to issue
11 or renew, suspending, revoking, or taking any other
12 disciplinary action with respect to any license and at least 30
13 days before the date set for the hearing, notify in writing the
14 licensee of any charges made and shall direct that person to
15 file a written answer to the Board under oath within 20 days
16 after the service of the notice and inform that person that
17 failure to file an answer may result in default being taken and
18 the person's license or certificate may be suspended, revoked,
19 placed on probationary status, or other disciplinary action may
20 be taken, including limiting the scope, nature or extent of
21 practice, as the Secretary may deem proper. The Department
22 shall afford the licensee an opportunity to be heard in person
23 or by counsel in reference to the charges. Written notice may
24 be served by personal delivery to the licensee or by mailing it
25 by registered mail to the last known business address of
26 licensee. In case the person fails to file an answer after

 

 

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1 receiving notice, his or her license or certificate may, in the
2 discretion of the Department, be suspended, revoked, or placed
3 on probationary status, or the Department may take whatever
4 disciplinary action deemed proper, including limiting the
5 scope, nature, or extent of the person's practice or the
6 imposition of a fine, without a hearing, if the act or acts
7 charged constitute sufficient grounds for such action under
8 this Act. The hearing on the charges shall be at a time and
9 place as the Department shall prescribe. The Department may
10 appoint a hearing officer to conduct the hearing. The
11 Department shall notify the Board of the time and place of the
12 hearing and Board members shall be allowed to sit at the
13 hearing.
14     The Department has the power to subpoena and bring before
15 it any person to take oral or written testimony and to compel
16 the production of any books, papers, records, or other
17 documents that the Secretary or his or her designee deems
18 relevant or material to any investigation or hearing conducted
19 by the Department, with the same fees and in the same manner as
20 prescribed in civil cases. The Secretary, the designated
21 hearing officer, and every member of the Board has the power to
22 administer oaths to witnesses at any hearing that the
23 Department is authorized to conduct, and any other oaths
24 authorized in any Act or Code administered by the Department in
25 this State, or take testimony of any person by deposition, with
26 the same fees and mileage, in the same manner as prescribed by

 

 

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1 law in judicial proceedings in circuit courts of this State in
2 civil cases.
3     If the Department determines that any licensee is guilty of
4 a violation of any of the provisions of this Code, disciplinary
5 action shall be taken against the licensee. The Department may
6 take disciplinary action without a formal hearing subject to
7 Section 10-70 of the Illinois Administrative Procedure Act.
8     The Secretary may summarily suspend the license of any
9 person licensed under this Code Act without a hearing,
10 simultaneously with the institution of proceedings for a
11 hearing provided for in this Section, if the Secretary finds
12 that evidence in the possession of the Secretary indicates that
13 the continuation of practice by the licensee would constitute
14 an imminent danger to the public. In the event that the
15 Secretary summarily suspends the license of an individual
16 without a hearing, a hearing must be held within 30 days after
17 the suspension has occurred and concluded as expeditiously as
18 practical.
19 (Source: P.A. 96-48, eff. 7-17-09.)
 
20     (225 ILCS 41/15-16 new)
21     (Section scheduled to be repealed on January 1, 2013)
22     Sec. 15-16. Appointment of a hearing officer. The Secretary
23 has the authority to appoint any attorney licensed to practice
24 law in the State of Illinois to serve as the hearing officer in
25 any action for refusal to issue, restore, or renew a license or

 

 

HB6420 Enrolled - 31 - LRB096 21048 MJR 36898 b

1 to discipline a licensee. The hearing officer has full
2 authority to conduct the hearing. Any Board member may attend
3 hearings.
 
4     (225 ILCS 41/15-17 new)
5     (Section scheduled to be repealed on January 1, 2013)
6     Sec. 15-17. Consent order. At any point in any
7 investigation or disciplinary proceeding provided for in this
8 Code, both parties may agree to a negotiated consent order. The
9 consent order shall be final upon signature of the Secretary.
 
10     (225 ILCS 41/15-20)
11     (Section scheduled to be repealed on January 1, 2013)
12     Sec. 15-20. Transcript; record of proceedings ; rehearing.
13 The Department, at its expense, shall provide a stenographer to
14 take down the testimony and preserve a record of all
15 proceedings at the formal hearing of any case where a license
16 is revoked, suspended or subjected to any other disciplinary
17 action. The notice of hearing, complaint and all other
18 documents in the nature of pleadings and written motions filed
19 in the proceedings, the transcript of testimony, the report of
20 the Board or hearing officer, and the orders of the Department
21 shall be the record of the proceedings. The Department shall
22 furnish a transcript of the record to any person interested in
23 the hearing upon payment of the actual cost of making the
24 transcript.

 

 

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1     The record of all proceedings at the hearing shall be
2 submitted for review to the Board, which shall present to the
3 Director a written report of its findings and recommendations
4 based solely upon the record. The report of findings and
5 recommendations of the Board shall be the basis for the
6 Department's order unless the Director determines that the
7 Board findings and recommendations are contrary to the manifest
8 weight of the evidence. A copy of that report and the
9 Department's order shall be served upon the accused person,
10 either personally, or by registered or certified mail to the
11 address specified by the licensee in his last notification to
12 the Director. Within 20 days after service, the accused person
13 may present to the Department his or her motion in writing for
14 a rehearing, which shall specify the particular grounds for
15 rehearing. If the accused person orders and pays for a
16 transcript of the record as provided in this Act, the time
17 elapsing thereafter and before the transcript is ready for
18 delivery shall not be counted as part of the 20 days.
19     Whenever the Director is not satisfied that substantial
20 justice has been done, he or she may order a rehearing by the
21 same or another hearing officer. At the expiration of the time
22 specified for filing a motion for a rehearing the Director
23 shall have the right to take the action contained in the order.
24 Upon the suspension or revocation of a license, the licensee
25 shall be required to surrender the license to the Department,
26 and upon failure or refusal to do so, the Department has the

 

 

HB6420 Enrolled - 33 - LRB096 21048 MJR 36898 b

1 right to seize the license.
2     At any time after the suspension or revocation of any
3 license, the Department may restore it to the accused person
4 without examination.
5 (Source: P.A. 87-966.)
 
6     (225 ILCS 41/15-21 new)
7     (Section scheduled to be repealed on January 1, 2013)
8     Sec. 15-21. Findings and recommendations. At the
9 conclusion of the hearing, the Board shall present to the
10 Secretary a written report of its findings of fact, conclusions
11 of law, and recommendations. The report shall contain a finding
12 of whether or not the accused person violated this Code or its
13 rules or failed to comply with the conditions required in this
14 Code or its rules. The Board shall specify the nature of any
15 violations or failure to comply and shall make its
16 recommendations to the Secretary. In making recommendations
17 for any disciplinary action, the Board may take into
18 consideration all facts and circumstances bearing upon the
19 reasonableness of the conduct of the accused and the potential
20 for future harm to the public, including, but not limited to,
21 previous discipline of the accused by the Department, intent,
22 degree of harm to the public and likelihood of harm in the
23 future, any restitution made by the accused, and whether the
24 incident or incidents contained in the complaint appear to be
25 isolated or represent a continuing pattern of conduct. In

 

 

HB6420 Enrolled - 34 - LRB096 21048 MJR 36898 b

1 making its recommendations for discipline, the Board shall
2 endeavor to ensure that the severity of the discipline
3 recommended is reasonably related to the severity of the
4 violation.
5     The report of findings of fact, conclusions of law, and
6 recommendation of the Board or hearing officer shall be the
7 basis for the Department's order refusing to issue, restore, or
8 renew a license, or otherwise disciplining a licensee. If the
9 Secretary disagrees with the recommendations of the Board or
10 hearing officer, the Secretary may issue an order in
11 contravention of the Board or hearing officer's
12 recommendations. The finding is not admissible in evidence
13 against the person in a criminal prosecution brought for a
14 violation of this Code, but the hearing and finding are not a
15 bar to a criminal prosecution brought for a violation of this
16 Code.
 
17     (225 ILCS 41/15-22 new)
18     (Section scheduled to be repealed on January 1, 2013)
19     Sec. 15-22. Rehearing. At the conclusion of the hearing, a
20 copy of the Board or hearing officer's report shall be served
21 upon the applicant or licensee by the Department, either
22 personally or as provided in this Code for the service of a
23 notice of hearing. Within 20 days after service, the applicant
24 or licensee may present to the Department a motion in writing
25 for a rehearing, which shall specify the particular grounds for

 

 

HB6420 Enrolled - 35 - LRB096 21048 MJR 36898 b

1 rehearing. The Department may respond to the motion for
2 rehearing within 20 days after its service on the Department.
3 If no motion for rehearing is filed, then upon the expiration
4 of the time specified for filing such a motion, or if a motion
5 for rehearing is denied, then upon denial, the Secretary may
6 enter an order in accordance with the recommendations of the
7 Board or hearing officer. If the applicant or licensee orders
8 from the reporting service and pays for a transcript of the
9 record within the time for filing a motion for rehearing, the
10 20-day period within which a motion may be filed shall commence
11 upon the delivery of the transcript to the applicant or
12 licensee.
13     If the Secretary believes that substantial justice has not
14 been done in the revocation, suspension, or refusal to issue,
15 restore, or renew a license, or other discipline of an
16 applicant or licensee, he or she may order a rehearing by the
17 same or other examiners.
 
18     (225 ILCS 41/15-30)
19     (Section scheduled to be repealed on January 1, 2013)
20     Sec. 15-30. Mental incompetence; suspension. The entry of a
21 judgment by any court of competent jurisdiction establishing
22 the mental incompetence of any person holding a license under
23 this Code Act operates as a suspension of that person's
24 license. The person may resume his or her practice only upon a
25 finding by a court of competent jurisdiction that the person

 

 

HB6420 Enrolled - 36 - LRB096 21048 MJR 36898 b

1 has recovered mental capacity.
2 (Source: P.A. 87-966.)
 
3     (225 ILCS 41/15-35)
4     (Section scheduled to be repealed on January 1, 2013)
5     Sec. 15-35. Administrative Review Law.
6     (a) All final administrative decisions of the Department
7 shall be subject to judicial review under the Administrative
8 Review Law and its rules. The term "administrative decision" is
9 defined as in Section 3-101 of the Code of Civil Procedure.
10     (b) Proceedings for judicial review shall be commenced in
11 the circuit court of the county in which the party applying for
12 review resides, but if the party is not a resident of Illinois,
13 then the venue shall be in Sangamon County.
14 (Source: P.A. 87-966.)
 
15     (225 ILCS 41/15-40)
16     (Section scheduled to be repealed on January 1, 2013)
17     Sec. 15-40. Certification of record; receipt. The
18 Department shall not be required to certify any record to the
19 court, to file an answer in court, or file any answer in court
20 or otherwise to appear in any court in a judicial review
21 proceeding unless and until the Department has received from
22 the plaintiff payment of the costs of furnishing and certifying
23 the record, which costs shall be determined by the Department
24 there is filed in the Court with the complaint a receipt from

 

 

HB6420 Enrolled - 37 - LRB096 21048 MJR 36898 b

1 the Department acknowledging payment of the costs of furnishing
2 and certifying the record. Exhibits shall be certified without
3 cost. Failure on the part of the Plaintiff to file a receipt in
4 court shall be grounds for dismissal of the action.
5 (Source: P.A. 87-966.)
 
6     (225 ILCS 41/15-41 new)
7     (Section scheduled to be repealed on January 1, 2013)
8     Sec. 15-41. Order or certified copy; prima facie proof. An
9 order or certified copy thereof, over the seal of the
10 Department and purporting to be signed by the Secretary, is
11 prima facie proof that:
12         (1) the signature is the genuine signature of the
13     Secretary;
14         (2) the Secretary is duly appointed and qualified; and
15         (3) the hearing officer is qualified to act.
 
16     (225 ILCS 41/15-45)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 15-45. Practice without license; injunction; cease
19 and desist order; civil penalties.
20     (a) The practice of funeral directing and embalming or
21 funeral directing by any person who has not been issued a
22 license by the Department, whose license has been suspended or
23 revoked, or whose license has not been renewed is hereby
24 declared to be inimical to the public welfare and to constitute

 

 

HB6420 Enrolled - 38 - LRB096 21048 MJR 36898 b

1 a public nuisance. The Secretary Director of Professional
2 Regulation may, in the name of the People of the State of
3 Illinois through the Attorney General of the State of Illinois,
4 or the State's Attorney of any county in the State of Illinois,
5 apply for an injunction in the circuit court to enjoin any
6 person who has not been issued a license or whose license has
7 been suspended or revoked, or whose license has not been
8 renewed, from practicing funeral directing and embalming or
9 funeral directing. Upon the filing of a verified complaint in
10 court, the court, if satisfied by affidavit or otherwise that
11 the person is or has been practicing funeral directing and
12 embalming or funeral directing without having been issued a
13 license or after his or her license has been suspended,
14 revoked, or not renewed, may issue a temporary restraining
15 order or preliminary injunction, without notice or bond,
16 enjoining the defendant from further practicing funeral
17 directing and embalming or funeral directing. A copy of the
18 verified complaint shall be served upon the defendant and the
19 proceedings shall thereafter be conducted as in other civil
20 cases. If it is established that the defendant has been or is
21 practicing funeral directing and embalming or funeral
22 directing without having been issued a license or has been or
23 is practicing funeral directing and embalming or funeral
24 directing after his or her license has been suspended, revoked,
25 or not renewed, the court may enter a judgment perpetually
26 enjoining the defendant from further practicing funeral

 

 

HB6420 Enrolled - 39 - LRB096 21048 MJR 36898 b

1 directing and embalming or funeral directing. In case of
2 violation of any injunction entered under this Section, the
3 court may summarily try and punish the offender for contempt of
4 court. Any injunction proceeding shall be in addition to, and
5 not in lieu of, all penalties and other remedies in this Code.
6     (b) Whenever, in the opinion of the Department, any person
7 or other entity violates any provision of this Code Act, the
8 Department may issue a notice to show cause why an order to
9 cease and desist should not be entered against that person or
10 other entity. The rule shall clearly set forth the grounds
11 relied upon by the Department and shall provide a period of 7
12 days from the date of the rule to file an answer to the
13 satisfaction of the Department. Failure to answer to the
14 satisfaction of the Department shall cause an order to cease
15 and desist to be issued immediately.
16     (c) (1) (Blank). In addition to any other penalty provided
17 by law, any person, sole proprietorship, professional service
18 corporation, limited liability company, partnership, or other
19 entity that violates Section 1-15 or 1-20 of this Act shall
20 forfeit and pay to the General Professions Dedicated Fund a
21 civil penalty in an amount determined by the Department of not
22 more than $10,000 for each offense. The penalty shall be
23 assessed in proceedings as provided in Sections 15-10 through
24 15-40 of this Act.
25     (2) (Blank). Unless the amount of the penalty is paid
26 within 60 days after the order becomes final, the order shall

 

 

HB6420 Enrolled - 40 - LRB096 21048 MJR 36898 b

1 constitute a judgement and shall be filed and execution issued
2 thereon in the same manner as the judgement of a court of
3 record.
4 (Source: P.A. 93-268, eff. 1-1-04.)
 
5     (225 ILCS 41/15-46 new)
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
9 person, sole proprietorship, professional service corporation,
10 limited liability company, partnership, or other entity that
11 violates Section 1-15 or 1-20 of this Code shall forfeit and
12 pay to the General Professions Dedicated Fund a civil penalty
13 in an amount determined by the Department not to exceed $10,000
14 for each violation. The penalty shall be assessed in
15 proceedings as provided in Sections 15-10 through 15-41 of this
16 Code.
17     (b) In addition to the other penalties and remedies
18 provided in this Code, the Department may bring a civil action
19 in the county in which the funeral establishment is located
20 against a licensee or any other person to enjoin any violation
21 or threatened violation of this Code.
22     (c) Unless the amount of the penalty is paid within 60 days
23 after the order becomes final, the order shall constitute a
24 judgement and shall be filed and execution issued thereon in
25 the same manner as the judgement of a court of record.
 

 

 

HB6420 Enrolled - 41 - LRB096 21048 MJR 36898 b

1     (225 ILCS 41/15-55)
2     (Section scheduled to be repealed on January 1, 2013)
3     Sec. 15-55. Preparation room. The Department shall require
4 that each fixed place of practice or establishment devoted to
5 the care and preparation for burial or for transportation of
6 deceased human bodies maintain a preparation room properly
7 equipped with necessary drainage and ventilation facilities
8 and containing instruments and supplies necessary for the
9 preparation and embalming of deceased human bodies for burial
10 or transportation. Branch operations of main funeral
11 businesses having a preparation room and located in the State
12 of Illinois are exempt from the requirements of this Section.
13 The Department may adopt rules for all preparation room
14 equipment and facility requirements with the consultation of
15 the Board.
16 (Source: P.A. 93-268, eff. 1-1-04.)
 
17     (225 ILCS 41/15-65)
18     (Section scheduled to be repealed on January 1, 2013)
19     Sec. 15-65. Fees. The Department shall provide by rule for
20 a schedule of fees for the administration and enforcement of
21 this Code Act, including but not limited to original licensure,
22 renewal, and restoration. The fees shall be nonrefundable.
23     All fees collected under this Code Act shall be deposited
24 into the General Professions Dedicated Fund and shall be

 

 

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1 appropriated to the Department for the ordinary and contingent
2 expenses of the Department in the administration of this Code
3 Act.
4 (Source: P.A. 91-454, eff. 1-1-00.)
 
5     (225 ILCS 41/15-70)
6     (Section scheduled to be repealed on January 1, 2013)
7     Sec. 15-70. Returned checks; fines. Any person who delivers
8 a check or other payment to the Department that is returned to
9 the Department unpaid by the financial institution upon which
10 it is drawn shall pay to the Department, in addition to the
11 amount already owed to the Department, a fine of $50. The fines
12 imposed by this Section are in addition to any other discipline
13 provided under this Code Act for unlicensed practice or
14 practice on a nonrenewed license. The Department shall notify
15 the person that payment of fees and fines shall be paid to the
16 Department by certified check or money order within 30 calendar
17 days of the notification. If, after the expiration of 30 days
18 from the date of the notification, the person has failed to
19 submit the necessary remittance, the Department shall
20 automatically terminate the license or certificate or deny the
21 application, without hearing. If, after termination or denial,
22 the person seeks a license or certificate, he or she shall
23 apply to the Department for restoration or issuance of the
24 license or certificate and pay all fees and fines due to the
25 Department. The Department may establish a fee for the

 

 

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1 processing of an application for restoration of a license or
2 certificate to pay all expenses of processing this application.
3 The Secretary Director may waive the fines due under this
4 Section in individual cases where the Secretary Director finds
5 that the fines would be unreasonable or unnecessarily
6 burdensome.
7 (Source: P.A. 92-146, eff. 1-1-02.)
 
8     (225 ILCS 41/15-75)
9     (Section scheduled to be repealed on January 1, 2013)
10     Sec. 15-75. Violations; grounds for discipline; penalties.
11     (a) Each of the following acts is a Class A misdemeanor for
12 the first offense, and a Class 4 felony for each subsequent
13 offense. These penalties shall also apply to unlicensed owners
14 of funeral homes.
15         (1) Practicing the profession of funeral directing and
16     embalming or funeral directing, or attempting to practice
17     the profession of funeral directing and embalming or
18     funeral directing without a license as a licensed funeral
19     director and embalmer or funeral director or acting as a
20     customer service employee without a license as a customer
21     service employee issued by the Department.
22         (2) Serving as an intern under a licensed funeral
23     director and embalmer or attempting to serve as an intern
24     under a licensed funeral director and embalmer without a
25     license as a licensed funeral director and embalmer intern.

 

 

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1         (3) Obtaining or attempting to obtain a license,
2     practice or business, or any other thing of value, by fraud
3     or misrepresentation.
4         (4) Permitting any person in one's employ, under one's
5     control or in or under one's service to serve as a funeral
6     director and embalmer, funeral director, or funeral
7     director and embalmer intern when the person does not have
8     the appropriate license.
9         (5) Failing to display a license as required by this
10     Code.
11         (6) Giving false information or making a false oath or
12     affidavit required by this Code.
13     (b) The Department may refuse to issue or renew a license
14 or may revoke, suspend, place on probation, reprimand, or take
15 other disciplinary action as the Department may deem
16 appropriate, including imposing fines not to exceed $10,000 for
17 each violation, with regard to any license under the Code for
18 any one or combination of the following: Each of the following
19 acts or actions is a violation of this Code for which the
20 Department may refuse to issue or renew, or may suspend or
21 revoke any license or may take any disciplinary action as the
22 Department may deem proper including fines not to exceed $1,000
23 for each violation.
24         (1) Obtaining or attempting to obtain a license by
25     fraud or misrepresentation.
26         (2) Conviction in this State or another state of any

 

 

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1     crime that is a felony or misdemeanor under the laws of
2     this State or conviction of a felony or misdemeanor in a
3     federal court.
4         (3) Violation of the laws of this State relating to the
5     funeral, burial or disposal of deceased human bodies or of
6     the rules and regulations of the Department, or the
7     Department of Public Health.
8         (4) Directly or indirectly paying or causing to be paid
9     any sum of money or other valuable consideration for the
10     securing of business or for obtaining authority to dispose
11     of any deceased human body.
12         (5) Professional incompetence, gross malpractice,
13     Incompetence or untrustworthiness in the practice of
14     funeral directing and embalming or funeral directing.
15         (6) False or misleading advertising as a funeral
16     director and embalmer or funeral director, or advertising
17     or using the name of a person other than the holder of a
18     license in connection with any service being rendered in
19     the practice of funeral directing and embalming or funeral
20     directing. Nothing in this paragraph shall prevent
21     including the name of any owner, officer or corporate
22     director of a funeral business who is not a licensee in any
23     advertisement used by a funeral home with which the
24     individual is affiliated if the advertisement specifies
25     the individual's affiliation with the funeral home.
26         (7) Engaging in, promoting, selling, or issuing burial

 

 

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1     contracts, burial certificates, or burial insurance
2     policies in connection with the profession as a funeral
3     director and embalmer, funeral director, or funeral
4     director and embalmer intern in violation of any laws of
5     the State of Illinois.
6         (8) Refusing, without cause, to surrender the custody
7     of a deceased human body upon the proper request of the
8     person or persons lawfully entitled to the custody of the
9     body.
10         (9) Taking undue advantage of a client or clients as to
11     amount to the perpetration of fraud.
12         (10) Engaging in funeral directing and embalming or
13     funeral directing without a license.
14         (11) Encouraging, requesting, or suggesting by a
15     licensee or some person working on his behalf and with his
16     consent for compensation that a person utilize the services
17     of a certain funeral director and embalmer, funeral
18     director, or funeral establishment unless that information
19     has been expressly requested by the person. This does not
20     prohibit general advertising or pre-need solicitation.
21         (12) Making or causing to be made any false or
22     misleading statements about the laws concerning the
23     disposal of human remains, including, but not limited to,
24     the need to embalm, the need for a casket for cremation or
25     the need for an outer burial container.
26         (13) (Blank). Continued practice by a person having an

 

 

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1     infectious or contagious disease.
2         (14) Embalming or attempting to embalm a deceased human
3     body without express prior authorization of the person
4     responsible for making the funeral arrangements for the
5     body. This does not apply to cases where embalming is
6     directed by local authorities who have jurisdiction or when
7     embalming is required by State or local law.
8         (15) Making a false statement on a Certificate of Death
9     where the person making the statement knew or should have
10     known that the statement was false.
11         (16) Soliciting human bodies after death or while death
12     is imminent.
13         (17) Performing any act or practice that is a violation
14     of this Code, the rules for the administration of this
15     Code, or any federal, State or local laws, rules, or
16     regulations governing the practice of funeral directing or
17     embalming.
18         (18) Performing any act or practice that is a violation
19     of Section 2 of the Consumer Fraud and Deceptive Business
20     Practices Act.
21         (19) Engaging in unethical or unprofessional conduct
22     of a character likely to deceive, defraud or harm the
23     public.
24         (20) Taking possession of a dead human body without
25     having first obtained express permission from next of kin
26     or a public agency legally authorized to direct, control or

 

 

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1     permit the removal of deceased human bodies.
2         (21) Advertising in a false or misleading manner or
3     advertising using the name of an unlicensed person in
4     connection with any service being rendered in the practice
5     of funeral directing or funeral directing and embalming.
6     The use of any name of an unlicensed or unregistered person
7     in an advertisement so as to imply that the person will
8     perform services is considered misleading advertising.
9     Nothing in this paragraph shall prevent including the name
10     of any owner, officer or corporate director of a funeral
11     home, who is not a licensee, in any advertisement used by a
12     funeral home with which the individual is affiliated, if
13     the advertisement specifies the individual's affiliation
14     with the funeral home.
15         (22) Directly or indirectly receiving compensation for
16     any professional services not actually performed.
17         (23) Failing to account for or remit any monies,
18     documents, or personal property that belongs to others that
19     comes into a licensee's possession.
20         (24) Treating any person differently to his detriment
21     because of race, color, creed, gender, religion, or
22     national origin.
23         (25) Knowingly making any false statements, oral or
24     otherwise, of a character likely to influence, persuade or
25     induce others in the course of performing professional
26     services or activities.

 

 

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1         (26) Knowingly making or filing false records or
2     reports in the practice of funeral directing and embalming.
3         (27) Failing to acquire continuing education required
4     under this Code.
5         (28) Violations of this Code or of the rules adopted
6     pursuant to this Code.
7         (29) Aiding or assisting another person in violating
8     any provision of this Code or rules adopted pursuant to
9     this Code.
10         (30) Failing within 10 days, to provide information in
11     response to a written request made by the Department.
12         (31) Discipline by another state, District of
13     Columbia, territory, or foreign nation, if at least one of
14     the grounds for the discipline is the same or substantially
15     equivalent to those set forth in this Section.
16         (32) Directly or indirectly giving to or receiving from
17     any person, firm, corporation, partnership, or association
18     any fee, commission, rebate, or other form of compensation
19     for professional services not actually or personally
20     rendered.
21         (33) Inability to practice the profession with
22     reasonable judgment, skill, or safety.
23         (34) Gross, willful, or continued overcharging for
24     professional services, including filing false statements
25     for collection of fees for which services are not rendered.
26         (35) A pattern of practice or other behavior that

 

 

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1     demonstrates incapacity or incompetence to practice under
2     this Code.
3         (36) (28) Failing to comply with any of the following
4     required activities:
5             (A) When reasonably possible, a funeral director
6         licensee or funeral director and embalmer licensee or
7         anyone acting on his or her behalf shall obtain the
8         express authorization of the person or persons
9         responsible for making the funeral arrangements for a
10         deceased human body prior to removing a body from the
11         place of death or any place it may be or embalming or
12         attempting to embalm a deceased human body, unless
13         required by State or local law. This requirement is
14         waived whenever removal or embalming is directed by
15         local authorities who have jurisdiction. If the
16         responsibility for the handling of the remains
17         lawfully falls under the jurisdiction of a public
18         agency, then the regulations of the public agency shall
19         prevail.
20             (B) A licensee shall clearly mark the price of any
21         casket offered for sale or the price of any service
22         using the casket on or in the casket if the casket is
23         displayed at the funeral establishment. If the casket
24         is displayed at any other location, regardless of
25         whether the licensee is in control of that location,
26         the casket shall be clearly marked and the registrant

 

 

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

 

 

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

 

 

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1         written notice.
2             (E) A funeral director or funeral director and
3         embalmer shall fully complete the portion of the
4         Certificate of Death under the responsibility of the
5         funeral director or funeral director and embalmer and
6         provide all required information. In the event that any
7         reported information subsequently changes or proves
8         incorrect, a funeral director or funeral director and
9         embalmer shall immediately upon learning the correct
10         information correct the Certificate of Death.
11         (37) (29) A finding by the Department that the license,
12     after having his or her license placed on probationary
13     status or subjected to conditions or restrictions,
14     violated the terms of the probation or failed to comply
15     with such terms or conditions.
16         (38) (30) Violation of any final administrative action
17     of the Secretary Director.
18         (39) (31) Being named as a perpetrator in an indicated
19     report by the Department of Children and Family Services
20     pursuant to the Abused and Neglected Child Reporting Act
21     and, upon proof by clear and convincing evidence, being
22     found to have caused a child to be an abused child or
23     neglected child as defined in the Abused and Neglected
24     Child Reporting Act.
25     (c) The Department may refuse to issue or renew, or may
26 suspend, the license of any person who fails to file a return,

 

 

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1 to pay the tax, penalty or interest shown in a filed return, or
2 to pay any final assessment of tax, penalty or interest as
3 required by any tax Act administered by the Illinois Department
4 of Revenue, until the time as the requirements of the tax Act
5 are satisfied.
6     (d) No action may be taken under this Code against a person
7 licensed under this Code unless the action is commenced within
8 5 years after the occurrence of the alleged violations. A
9 continuing violation shall be deemed to have occurred on the
10 date when the circumstances last existed that give rise to the
11 alleged violation.
12     (e) Nothing in this Section shall be construed or enforced
13 to give a funeral director and embalmer, or his or her
14 designees, authority over the operation of a cemetery or over
15 cemetery employees. Nothing in this Section shall be construed
16 or enforced to impose duties or penalties on cemeteries with
17 respect to the timing of the placement of human remains in
18 their designated grave or the sealing of the above ground
19 depository, crypt, or urn due to patron safety, the allocation
20 of cemetery staffing, liability insurance, a collective
21 bargaining agreement, or other such reasons.
22 (Source: P.A. 96-863, eff. 3-1-10.)
 
23     (225 ILCS 41/15-77 new)
24     (Section scheduled to be repealed on January 1, 2013)
25     Sec. 15-77. Method of payment, receipt. No licensee shall

 

 

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1 require payment for any goods or services by cash only. Each
2 licensee subject to this Section shall permit payment by at
3 least one other option, including, but not limited to, personal
4 check, cashier's check, money order, or credit or debit card.
5 In addition to the statement of services, the licensee shall
6 provide a receipt to the consumer upon payment in part or in
7 full, whatever the case may be.
 
8     (225 ILCS 41/15-85)
9     (Section scheduled to be repealed on January 1, 2013)
10     Sec. 15-85. Duties of public institution; regulation by
11 local government. No provision of this Code shall apply to, or
12 in any way interfere with, the duties of any officer of any
13 public institution; nor with the duties of any officer of a
14 medical college, county medical society, anatomical
15 association, college of embalming, or any other recognized
16 person carrying out the laws of the State of Illinois
17 prescribing the conditions under which indigent dead human
18 bodies are held subject for scientific or anatomical study; nor
19 with the customs or rites of any religious sect in the burial
20 of their dead.
21     Nothing in this Code shall have the effect of limiting the
22 power of cities and villages to tax, license and regulate
23 funeral directors, undertakers and undertaking establishments
24 as may be authorized from time to time by general law.
25 (Source: P.A. 87-966.)
 

 

 

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1     (225 ILCS 41/15-91 new)
2     Sec. 15-91. Denial of license. If the Department determines
3 that an application for licensure should be denied pursuant to
4 Section 15-75, then the applicant shall be sent a notice of
5 intent to deny license or exemption from licensure and the
6 applicant shall be given the opportunity to request, within 20
7 days of the notice, a hearing on the denial. If the applicant
8 requests a hearing, then the Secretary shall schedule a hearing
9 within 30 days after the request for a hearing, unless
10 otherwise agreed to by the parties. The Secretary shall have
11 the authority to appoint an attorney duly licensed to practice
12 law in the State of Illinois to serve as the hearing officer.
13 The hearing officer shall have full authority to conduct the
14 hearing. The hearing shall be held at the time and place
15 designated by the Secretary. The Secretary shall have the
16 authority to prescribe rules for the administration of this
17 Section.
 
18     (225 ILCS 41/15-100 new)
19     (Section scheduled to be repealed on January 1, 2013)
20     Sec. 15-100. Conflict of interest. No investigator may hold
21 an active license issued pursuant to this Code, nor may an
22 investigator have a financial interest in a business licensed
23 under this Code. Any individual licensed under this Code who is
24 employed by the Department shall surrender his or her license

 

 

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1 to the Department for the duration of that employment. The
2 licensee shall be exempt from all renewal fees while employed
3 by the Department.
 
4     (225 ILCS 41/15-105 new)
5     (Section scheduled to be repealed on January 1, 2013)
6     Sec. 15-105. Civil Administrative Code. The Department
7 shall exercise the powers and duties prescribed by the Civil
8 Administrative Code of Illinois and shall exercise all other
9 powers and duties set forth in this Code.
 
10     (225 ILCS 41/15-110 new)
11     (Section scheduled to be repealed on January 1, 2013)
12     Sec. 15-110. Rules. The Department may adopt rules for the
13 administration and enforcement of this Code. The rules shall
14 include standards for licensure, professional conduct, and
15 discipline.
 
16     (225 ILCS 41/20-15)
17     (Section scheduled to be repealed on January 1, 2013)
18     Sec. 20-15. Home rule; mandates. The regulation and
19 licensing provided for in this Code are exclusive powers and
20 functions of the State. A home rule unit may not regulate or
21 license funeral directors, funeral director and embalmers,
22 customer service employees, or any activities relating to the
23 services of funeral directing and embalming. This Section is a

 

 

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1 denial and limitation of home rule powers and functions under
2 subsection (h) of Section 6 of Article VII of the Illinois
3 Constitution. Nothing in this Code as initially enacted (i) is
4 a denial or limitation on home rule powers where no denial or
5 limitation existed under prior law or (ii) creates a State
6 mandate under the State Mandates Act where no mandate existed
7 under prior law.
8 (Source: P.A. 87-966.)
 
9     (225 ILCS 41/Art. 12 rep.)
10     Section 10. The Funeral Directors and Embalmers Licensing
11 Code is amended by repealing Article 12.