Full Text of HB6420 96th General Assembly
HB6420ham001 96TH GENERAL ASSEMBLY
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Rep. Dan Reitz
Filed: 3/23/2010
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09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
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| AMENDMENT TO HOUSE BILL 6420
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| AMENDMENT NO. ______. Amend House Bill 6420 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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| (Section scheduled to be repealed on January 1, 2013) | 13 |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. |
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| "Applicant" means any person making application for a | 2 |
| license or
certificate of registration. Any applicant or any | 3 |
| person who holds himself out as an applicant is considered a | 4 |
| licensee for purposes of enforcement, investigation, hearings, | 5 |
| and the Illinois Administrative Procedure Act. | 6 |
| "Board" means the Funeral Directors and Embalmers | 7 |
| Licensing and
Disciplinary disciplinary Board. | 8 |
| "Certificate of Death" means a certificate of death as | 9 |
| referenced in the Illinois Vital Records Act. | 10 |
| "Customer service employee" means a funeral establishment, | 11 |
| funeral chapel, funeral home, or mortuary employee who has | 12 |
| direct contact with consumers and explains funeral or burial | 13 |
| merchandise or services or negotiates, develops, or finalizes | 14 |
| contracts with consumers. This definition includes, without | 15 |
| limitation, an individual that is an independent contractor or | 16 |
| an individual employed or contracted by an independent | 17 |
| contractor who has direct contact with consumers and explains | 18 |
| funeral or burial merchandise or services or negotiates, | 19 |
| develops, or finalizes contracts with consumers. This | 20 |
| definition does not include a funeral establishment, funeral | 21 |
| chapel, funeral home, or mortuary employee, an individual who | 22 |
| is an independent contractor, or an individual employed or | 23 |
| contracted by an independent contractor who merely provides a | 24 |
| printed price list to a consumer, processes payment from a | 25 |
| consumer, or performs sales functions related solely to | 26 |
| incidental merchandise like flowers, keepsakes, memorial |
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| tributes, or other similar items. | 2 |
| "Department" means the Department of Financial and | 3 |
| Professional Regulation. | 4 |
| "Director" means the Director of Professional Regulation. | 5 |
| "Funeral director and embalmer" means a person who is
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| licensed and qualified to practice funeral directing and to | 7 |
| prepare,
disinfect and preserve dead human bodies by the | 8 |
| injection or external
application of antiseptics, | 9 |
| disinfectants or preservative fluids and
materials and to use | 10 |
| derma surgery or plastic art for the restoring of
mutilated | 11 |
| features. It further means a person who restores the remains of
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| a person for the purpose of funeralization whose organs or bone | 13 |
| or tissue
has been donated for anatomical purposes. | 14 |
| "Funeral director and embalmer intern" means a person
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| licensed by the State
who is qualified to render assistance to | 16 |
| a funeral director and embalmer in
carrying out the practice of | 17 |
| funeral directing and embalming under the
supervision of the | 18 |
| funeral director and embalmer. | 19 |
| "Embalming" means the process of sanitizing and chemically | 20 |
| treating
a deceased human body in order to reduce the presence | 21 |
| and growth of
microorganisms, to retard organic decomposition, | 22 |
| to render the remains safe
to handle while retaining | 23 |
| naturalness of tissue, and to restore an
acceptable physical | 24 |
| appearance for funeral viewing purposes. | 25 |
| "Funeral director" means a person, known by the title of | 26 |
| "funeral
director" or other similar words or titles, licensed |
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| by the State who
practices funeral directing. | 2 |
| "Funeral establishment", "funeral chapel", "funeral home", | 3 |
| or
"mortuary" means a building or separate portion of a | 4 |
| building having a
specific street address or location and | 5 |
| devoted to activities relating to
the shelter, care, custody | 6 |
| and preparation of a deceased human body and
which may contain | 7 |
| facilities for funeral or wake services. | 8 |
| "Licensee" means a person licensed under this Code as a | 9 |
| funeral director, funeral director and embalmer, or funeral | 10 |
| director and embalmer intern. Anyone who holds himself or | 11 |
| herself out as a licensee or who is accused of unlicensed | 12 |
| practice is considered a licensee for purposes of enforcement, | 13 |
| investigation, hearings, and the Illinois Administrative | 14 |
| Procedure Act. | 15 |
| "Owner" means the individual, partnership, corporation, | 16 |
| association,
trust, estate, or agent thereof, or other person | 17 |
| or combination of
persons who owns a funeral establishment or | 18 |
| funeral business. | 19 |
| "Person" means any individual, partnership, association, | 20 |
| firm,
corporation, trust or estate, or other entity. "Person" | 21 |
| includes both natural persons and legal entities. | 22 |
| "Secretary" means the Secretary of Financial and | 23 |
| Professional Regulation. | 24 |
| (Source: P.A. 96-863, eff. 3-1-10.) | 25 |
| (225 ILCS 41/1-15) |
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| (Section scheduled to be repealed on January 1, 2013) | 2 |
| Sec. 1-15. Funeral directing; definition. Conducting
or | 3 |
| engaging in or representing or holding out oneself as
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| conducting or engaged in any one or any combination of the | 5 |
| following
practices constitutes the practice of funeral | 6 |
| directing: | 7 |
| (a) The practice of preparing, otherwise than by | 8 |
| embalming, for the
burial, cremation, or disposal and | 9 |
| directing and supervising the burial or
disposal of | 10 |
| deceased human remains or performing any act or service in
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| connection with the preparing of dead human bodies. | 12 |
| Preparation,
direction, and supervision shall not be | 13 |
| construed to mean those functions
normally performed by | 14 |
| cemetery and crematory personnel. | 15 |
| (b) The practice of operating a place for preparing for | 16 |
| the disposition
of deceased human bodies or for caring for | 17 |
| deceased human
bodies before their disposition. Nothing in | 18 |
| this Code shall prohibit
the ownership and management of | 19 |
| such a place by an unlicensed owner
if the place is | 20 |
| operated in accordance with this Code and the unlicensed | 21 |
| owner
does not engage in any form of funeral directing. | 22 |
| (c) The removal of a deceased human body from its place | 23 |
| of death,
institution , or other location. A licensed | 24 |
| funeral director and embalmer intern may remove a deceased | 25 |
| human body from its place of death, institution, or other | 26 |
| location without another licensee being present. The |
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| licensed funeral director may engage
others who are not | 2 |
| licensed funeral directors , licensed funeral director and | 3 |
| embalmers, or licensed funeral director and embalmer | 4 |
| interns to assist in the removal if the
funeral director | 5 |
| directs and instructs them in handling and precautionary
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| procedures and accompanies them on all calls. The | 7 |
| transportation of deceased
human remains to a cemetery, | 8 |
| crematory or other place of final disposition
shall be | 9 |
| under the immediate direct supervision of a licensee unless | 10 |
| otherwise
permitted by this Section. The transportation of | 11 |
| deceased human remains that
are embalmed or otherwise | 12 |
| prepared and enclosed in an appropriate container to
some | 13 |
| other place that is not the place of final disposition, | 14 |
| such as another
funeral home or common carrier, or to a | 15 |
| facility that shares common
ownership with the | 16 |
| transporting funeral home may be performed under the
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| general supervision of a licensee, but the supervision need | 18 |
| 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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| word "funeral
director , " , "undertaker , " , "mortician , " , | 2 |
| "funeral home , " , "funeral parlor , " ,
"funeral chapel , " , or | 3 |
| any other title implying that the person is engaged in the
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| practice of funeral directing. | 5 |
| (g) Having direct contact with consumers and | 6 |
| explaining funeral or burial merchandise or services. | 7 |
| (h) Negotiating, developing, or finalizing contracts | 8 |
| with consumers. | 9 |
| The practice of funeral directing shall not include the
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| phoning in of obituary notices, ordering of flowers for the | 11 |
| funeral,
or reporting of prices on the firm's general price | 12 |
| list as required
by the Federal Trade Commission Funeral Rule | 13 |
| by nonlicensed
persons, or like
clerical tasks incidental to | 14 |
| the act of making funeral arrangements. | 15 |
| The making of funeral arrangements, at need, shall be done | 16 |
| only by
licensed funeral directors or licensed funeral | 17 |
| directors and embalmers. Licensed funeral director and | 18 |
| embalmer interns may, however, assist or participate in the | 19 |
| arrangements under the direct supervision of a licensed funeral | 20 |
| director or licensed funeral director and embalmer. | 21 |
| (Source: P.A. 93-268, eff. 1-1-04.) | 22 |
| (225 ILCS 41/1-20) | 23 |
| (Section scheduled to be repealed on January 1, 2013) | 24 |
| Sec. 1-20. Funeral directing and embalming; definition. | 25 |
| "The practice of
funeral directing and embalming" means: |
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| (a) The practice of preparing, otherwise than by | 2 |
| embalming, for the
burial, cremation, or disposal and | 3 |
| directing and supervising the burial or
disposal of | 4 |
| deceased human remains or performing any act or service in
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| connection with the preparing of dead human bodies. | 6 |
| Preparation,
direction, and supervision shall not be | 7 |
| construed to mean those functions
normally performed by | 8 |
| cemetery and crematory personnel. | 9 |
| (b) The practice of operating a place for preparing for | 10 |
| the disposition
of deceased human bodies or for caring for | 11 |
| deceased human
bodies before their disposition. Nothing in | 12 |
| this Code shall prohibit
the ownership and management of | 13 |
| such a place by an unlicensed owner if the
place is | 14 |
| operated in accordance with this Code and the unlicensed | 15 |
| owner does
not engage in any form of funeral directing and | 16 |
| embalming. | 17 |
| (c) The removal of a deceased human body from its place | 18 |
| of death,
institution or other location. A licensed funeral | 19 |
| director and embalmer
intern may remove a deceased human | 20 |
| body from its place of
death, institution, or other | 21 |
| location without another licensee being present.
The | 22 |
| licensed funeral director and embalmer may engage others | 23 |
| who are not
licensed funeral directors and embalmers , | 24 |
| licensed funeral directors, or licensed funeral director | 25 |
| and embalmer
interns to assist in the removal if
the | 26 |
| funeral director and embalmer directs and instructs them in |
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| handling and
precautionary procedures and accompanies them | 2 |
| on all calls. The transportation
of deceased human remains | 3 |
| to a cemetery, crematory or other place of final
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| disposition shall be under the immediate, direct | 5 |
| supervision of a licensee
unless otherwise permitted by | 6 |
| this Section. The transportation of deceased
human remains | 7 |
| that are embalmed or otherwise prepared and enclosed in an
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| appropriate container to some other place that is not the | 9 |
| place of final
disposition, such as another funeral home or | 10 |
| common carrier, or to a facility
that shares common | 11 |
| ownership with the transporting funeral home may be
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| performed under the general supervision of a licensee, but | 13 |
| the supervision need
not be immediate or direct. | 14 |
| (d) The administering and conducting of, or assuming | 15 |
| responsibility for
administering and conducting of, at | 16 |
| need funeral arrangements. | 17 |
| (e) The assuming custody of, transportation, providing | 18 |
| shelter,
protection and care and disposition of deceased | 19 |
| human remains and the
furnishing of necessary funeral | 20 |
| services, facilities and equipment. | 21 |
| (f) Using in connection with a name or practice the | 22 |
| word "funeral
director and embalmer", "embalmer", "funeral | 23 |
| director", "undertaker",
"mortician", "funeral home", | 24 |
| "funeral parlor", "funeral chapel", or any
other title | 25 |
| implying that the person is engaged in the practice
of | 26 |
| funeral directing and embalming. |
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| (g) The embalming or representing or holding out | 2 |
| oneself as engaged in
the practice of embalming of deceased | 3 |
| human bodies or the transportation of
human bodies deceased | 4 |
| of a contagious or infectious disease. | 5 |
| (h) Having direct contact with consumers and | 6 |
| explaining funeral or burial merchandise or services. | 7 |
| (i) Negotiating, developing, or finalizing contracts | 8 |
| with consumers. | 9 |
| The practice of funeral directing and embalming shall not
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| include the phoning in of obituary notices, ordering of flowers | 11 |
| for the
funeral, or reporting of prices on the firm's general | 12 |
| price list as
required by the Federal Trade Commission Funeral | 13 |
| Rule by
nonlicensed persons,
or like clerical tasks incidental | 14 |
| to the act of making funeral arrangements. | 15 |
| The making of funeral arrangements, at need, shall be done | 16 |
| only by
licensed funeral directors or licensed funeral | 17 |
| directors and embalmers.
Licensed funeral director and | 18 |
| embalmer interns may, however,
assist or
participate in the | 19 |
| arrangements under the direct supervision of a licensed funeral | 20 |
| director or licensed funeral director and embalmer . | 21 |
| (Source: P.A. 93-268, eff. 1-1-04.) | 22 |
| (225 ILCS 41/1-30 new) | 23 |
| (Section scheduled to be repealed on January 1, 2013) | 24 |
| Sec. 1-30. Powers of the Department. Subject to the | 25 |
| provisions of this Code, the Department may exercise the |
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| following powers: | 2 |
| (1) To authorize examinations to ascertain the | 3 |
| qualifications and fitness of applicants for licensing as a | 4 |
| licensed funeral director and embalmer and pass upon the | 5 |
| qualifications of applicants for licensure. | 6 |
| (2) To examine the records of a licensed funeral director | 7 |
| or licensed funeral director and embalmer from any year or any | 8 |
| other aspect of funeral directing and embalming as the | 9 |
| Department deems appropriate. | 10 |
| (3) To investigate any and all funeral directing and | 11 |
| embalming activity. | 12 |
| (4) To conduct hearings on proceedings to refuse to issue | 13 |
| or renew licenses or to revoke, suspend, place on probation, | 14 |
| reprimand, or otherwise discipline a license under this Code or | 15 |
| take other non-disciplinary action. | 16 |
| (5) To adopt rules required for the administration of this | 17 |
| Code. | 18 |
| (6) To prescribe forms to be issued for the administration | 19 |
| and enforcement of this Code. | 20 |
| (7) To maintain rosters of the names and addresses of all | 21 |
| licensees and all persons whose licenses have been suspended, | 22 |
| revoked, denied renewal, or otherwise disciplined within the | 23 |
| previous calendar year. These rosters shall be available upon | 24 |
| written request and payment of the required fee as established | 25 |
| by rule. | 26 |
| (8) To contract with third parties for services necessary |
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| for the proper administration of this Code including, without | 2 |
| limitation, investigators with the proper knowledge, training, | 3 |
| and skills to properly inspect funeral homes and investigate | 4 |
| complaints under this Code. | 5 |
| (225 ILCS 41/5-7 new) | 6 |
| (Section scheduled to be repealed on January 1, 2013) | 7 |
| Sec. 5-7. Address of record. It is the duty of the | 8 |
| applicant or licensee to inform the Department of any change of | 9 |
| address within 14 days after the change of address, either | 10 |
| through the Department's website or by contacting the | 11 |
| Department's licensure maintenance unit. | 12 |
| (225 ILCS 41/5-10) | 13 |
| (Section scheduled to be repealed on January 1, 2013) | 14 |
| Sec. 5-10. Funeral director license; display. Every holder | 15 |
| of a license as a funeral director shall
display it in a | 16 |
| conspicuous place in the licensee's place of
practice or in the | 17 |
| place of practice in which the licensee is
employed or, in case | 18 |
| the licensee is engaged in funeral
directing at more than one | 19 |
| place of practice, then in the licensee's principal
place of | 20 |
| practice or the principal place of practice of
the licensee's | 21 |
| employer and a copy of the license shall be displayed in a | 22 |
| conspicuous place at all other places of practice . | 23 |
| (Source: P.A. 93-268, eff. 1-1-04.) |
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| (225 ILCS 41/5-15) | 2 |
| (Section scheduled to be repealed on January 1, 2013) | 3 |
| Sec. 5-15. Expiration and renewal; inactive status; | 4 |
| continuing
education. The expiration date and renewal period | 5 |
| for each
license issued under this Article shall be set by | 6 |
| rule. The holder of a
license as a licensed funeral director | 7 |
| may renew the license during the month
preceding the expiration | 8 |
| date of the license by paying the required fee. A
licensed | 9 |
| funeral director whose license has expired may have the license
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| reinstated within 5 years from the date of expiration upon | 11 |
| payment of the
required reinstatement fee. The reinstatement | 12 |
| shall be effective as of the
date of reissuance of the license. | 13 |
| Any licensed funeral director whose license has
been | 14 |
| expired for more than 5 years may have the license restored
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| only by fulfilling the requirements of the Department's rules | 16 |
| and by
paying the required restoration fee.
However, any | 17 |
| licensed funeral director whose license has expired while he or
| 18 |
| she has been engaged (1) in federal service on active duty with | 19 |
| the United States Army , of the
United States, the United States | 20 |
| Navy, the Marine Corps, the Air Force, or the
Coast Guard, or | 21 |
| the State Militia called into the service or training of the
| 22 |
| United States of America or (2) in training or education under | 23 |
| the supervision
of the United States preliminary to induction | 24 |
| into the military service may
have his or her license restored | 25 |
| without paying any lapsed renewal fees or
restoration fee or | 26 |
| without passing any examination if, within 2 years after
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| termination of the service, training or education other than by | 2 |
| dishonorable
discharge, he or she furnishes the Department with | 3 |
| an affidavit to the effect
that he or she has been so engaged | 4 |
| and that his or her service, training or
education has
been so | 5 |
| terminated. | 6 |
| In addition to any other requirement for renewal of a | 7 |
| license or
reinstatement or restoration of an expired license, | 8 |
| as a condition for the renewal , or reinstatement , or | 9 |
| restoration of a
license as a licensed funeral director, each | 10 |
| licensee shall provide
evidence to the Department of completion | 11 |
| of at least 12 hours of continuing
education during the 24 | 12 |
| months preceding the expiration date of
the license, or in the | 13 |
| case of reinstatement or restoration , during the 24 months
| 14 |
| preceding application for reinstatement or restoration . The | 15 |
| continuing education
sponsors shall be approved by the
Board. | 16 |
| In addition, any qualified continuing education course for | 17 |
| funeral
directors offered by a college, university, the | 18 |
| Illinois Funeral Directors
Association, Funeral Directors | 19 |
| Services Association of Greater Chicago,
Cook County
| 20 |
| Association of Funeral Home Owners, Inc., Illinois Selected | 21 |
| Morticians
Association, Inc., Illinois Cemetery and Funeral | 22 |
| Home Association,
National Funeral Directors
Association, | 23 |
| Selected Independent Funeral Homes, National Funeral Directors
| 24 |
| and Morticians Association, Inc., International Order of the | 25 |
| Golden Rule,
or an Illinois school of mortuary science
shall be | 26 |
| accepted toward satisfaction of the continuing
education |
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| requirements. | 2 |
| The Department shall establish by rule a means for | 3 |
| verification of
completion of the continuing education | 4 |
| required by this Section. This
verification may be accomplished | 5 |
| through audits of records maintained by
licensees, by requiring | 6 |
| the filing of continued education certificates
with the | 7 |
| Department or a qualified organization selected by the | 8 |
| Department
to maintain these records, or by other means | 9 |
| established by the Department. | 10 |
| A person who is licensed as a funeral director under this | 11 |
| Code Act and who has
engaged in the practice of funeral | 12 |
| directing for at least 40 years shall be
exempt from the | 13 |
| continuing education requirements of this Section. In
| 14 |
| addition,
the Department shall establish by rule an exemption | 15 |
| or exception , for a limited period of time, for
funeral | 16 |
| directors who, by reason of advanced age, health or other | 17 |
| extreme
condition should reasonably be excused from the | 18 |
| continuing education
requirement upon explanation to the | 19 |
| Board, the approval of the Secretary Director, or
both . Those | 20 |
| persons, identified above, who cannot attend on-site classes,
| 21 |
| shall have the opportunity to comply by completing home study | 22 |
| courses
designed for them by sponsors. | 23 |
| Any funeral director who notifies the Department in writing | 24 |
| on forms
prescribed by the Department may elect to place his or | 25 |
| her license on an
inactive status and shall , subject to rules | 26 |
| of the Department, be excused from payment of renewal fees and |
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| completion of continuing education
requirements until he or she | 2 |
| notifies the Department in writing of an intent to
restore or | 3 |
| reinstate the license to active status. Any
licensee
requesting | 4 |
| restoration or reinstatement from inactive status shall notify | 5 |
| the Department as
provided by rule of the Department and pay | 6 |
| the fee required by the
Department for restoration or | 7 |
| reinstatement of the license. Any licensee whose license is on
| 8 |
| inactive status shall not practice in the State of Illinois. | 9 |
| Practice on a license that has lapsed or been placed in
| 10 |
| inactive status is practicing without a license and a violation | 11 |
| of this
Code. | 12 |
| (Source: P.A. 92-641, eff. 7-11-02; 93-268, eff. 1-1-04.) | 13 |
| (225 ILCS 41/10-7 new) | 14 |
| (Section scheduled to be repealed on January 1, 2013) | 15 |
| Sec. 10-7. Address of record. It is the duty of the | 16 |
| applicant or licensee to inform the Department of any change of | 17 |
| address within 14 days after the change of address, either | 18 |
| through the Department's website or by contacting the | 19 |
| Department's licensure maintenance unit. | 20 |
| (225 ILCS 41/10-25) | 21 |
| (Section scheduled to be repealed on January 1, 2013) | 22 |
| Sec. 10-25. Examinations. The Department shall authorize | 23 |
| and hold
examinations of applicants for licenses as licensed | 24 |
| funeral directors and
embalmers. The examination may include |
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| both practical demonstrations and
written and oral tests and | 2 |
| shall embrace the subjects of anatomy, sanitary
science, health | 3 |
| regulations in relation to the handling of deceased human
| 4 |
| bodies, measures used by funeral directors and embalmers for | 5 |
| the prevention of
the spread of diseases, the care, | 6 |
| preservation, embalming, transportation, and
burial of dead | 7 |
| human bodies, and other subjects relating to the care and
| 8 |
| handling of deceased human bodies as set forth in this Article | 9 |
| and as the
Department by rule may prescribe. | 10 |
| Whenever the Secretary Director is not satisfied that | 11 |
| substantial justice has been
done in an examination, the | 12 |
| Secretary Director may order a reexamination. | 13 |
| If an applicant neglects, fails without an approved excuse | 14 |
| or refuses
to take the next available examination offered for | 15 |
| licensure under this
Code, the fee paid by the applicant shall | 16 |
| be forfeited to the Department and
the application denied. If | 17 |
| an applicant fails to pass an examination for
licensure under | 18 |
| this Code within 3 years after filing an application, the
| 19 |
| application shall be denied. However, the applicant may
| 20 |
| thereafter make a new application for examination which shall | 21 |
| be
accompanied by the required fee. | 22 |
| (Source: P.A. 87-966 .) | 23 |
| (225 ILCS 41/10-30) | 24 |
| (Section scheduled to be repealed on January 1, 2013) | 25 |
| Sec. 10-30. Issuance, display of license. Whenever an |
|
|
|
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| 1 |
| applicant has met the
requirements of this Code, the Department | 2 |
| shall issue to the applicant a
license as a licensed funeral | 3 |
| director and embalmer or licensed funeral
director and embalmer | 4 |
| intern, as the case may be. | 5 |
| Every holder of a license shall display it in a conspicuous | 6 |
| place in the
licensee's place of practice or in the place of | 7 |
| practice in which the
licensee is employed. In case the | 8 |
| licensee is engaged in funeral
directing and embalming at more | 9 |
| than one place of practice, then the
license shall be displayed | 10 |
| in the licensee's principal place of practice
or the principal | 11 |
| place of practice of the licensee's employer and a copy of the | 12 |
| license shall be displayed in a conspicuous place at all other | 13 |
| places of practice . | 14 |
| (Source: P.A. 93-268, eff. 1-1-04.) | 15 |
| (225 ILCS 41/10-35) | 16 |
| (Section scheduled to be repealed on January 1, 2013) | 17 |
| Sec. 10-35. Renewal; reinstatement; restoration; | 18 |
| continuing education. The
expiration date and renewal period | 19 |
| for each license issued under this Article
shall be set by | 20 |
| rule. The holder of a license as a licensed funeral director
| 21 |
| and embalmer or funeral director and embalmer intern may renew
| 22 |
| the license
during the month preceding the expiration date of | 23 |
| the license by paying the
required fee. A licensed funeral | 24 |
| director and embalmer or licensed funeral
director and embalmer | 25 |
| trainee 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 and fulfilling the | 3 |
| requirements of the Department's
rules. The reinstatement of | 4 |
| the license is effective as of the date of the
reissuance of | 5 |
| the license. | 6 |
| Any licensed funeral director and embalmer whose license | 7 |
| has been expired
for more than 5 years may have the license | 8 |
| restored only by fulfilling the
requirements set forth in the | 9 |
| Department's rules and by paying the required
restoration fee. | 10 |
| However, any licensed funeral director and embalmer or
licensed | 11 |
| funeral director and embalmer intern whose license has
expired | 12 |
| while
he or she has been engaged (1) in federal service on | 13 |
| active duty with the United States Army ,
of the United States, | 14 |
| the United States Navy, the Marine Corps, the Air Force,
or the | 15 |
| Coast Guard, or the State Militia called into the service or | 16 |
| training of
the United States of America or (2) in training or | 17 |
| education under the
supervision of the United States | 18 |
| preliminary to induction into the military
service, may have | 19 |
| his or her license restored without paying
any lapsed renewal | 20 |
| fees or
restoration fee or without passing any examination if, | 21 |
| within 2 years after
termination of the service, training or | 22 |
| education other than by dishonorable
discharge, he or she | 23 |
| furnishes the Department with an
affidavit to the
effect that | 24 |
| he or she has been so engaged and that his or her service, | 25 |
| training
or education has been so terminated. | 26 |
| No license of a funeral director and embalmer intern shall |
|
|
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09600HB6420ham001 |
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| 1 |
| be
renewed more
than twice. | 2 |
| In addition to any other requirement for renewal of a | 3 |
| license or
reinstatement or restoration of an expired license, | 4 |
| as a condition for the renewal , or
reinstatement , or | 5 |
| restoration of a license as a licensed funeral director and | 6 |
| embalmer, each
licensee shall provide evidence to the | 7 |
| Department of completion of at least 24
hours of continuing | 8 |
| education during the 24 months preceding the expiration
date of | 9 |
| the license, or in the case of reinstatement or restoration , | 10 |
| within the 24 months
preceding the application for | 11 |
| reinstatement or restoration . The continuing education | 12 |
| sponsors
shall be approved by the Board. In addition, any | 13 |
| qualified continuing
education course for funeral directors | 14 |
| and embalmers offered by a college,
university, the Illinois | 15 |
| Funeral Directors Association, Funeral Directors
Services | 16 |
| Association of Greater Chicago, Cook County Association of
| 17 |
| Funeral Home Owners, Inc., Illinois Selected Morticians
| 18 |
| Associations, Inc., Illinois Cemetery and Funeral Home | 19 |
| Association,
National Funeral Directors Association,
Selected | 20 |
| Independent Funeral Homes, National Funeral
Directors and | 21 |
| Morticians Association, Inc., International Order of the
| 22 |
| Golden Rule, or an Illinois school of mortuary
science shall be | 23 |
| accepted toward satisfaction of the continuing
education | 24 |
| requirements. | 25 |
| The Department shall establish by rule a means for | 26 |
| verification of
completion of the continuing education |
|
|
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09600HB6420ham001 |
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| 1 |
| required by this Section. This
verification may be accomplished | 2 |
| through audits of records maintained by
licensees, by requiring | 3 |
| the filing of continued education certificates
with the | 4 |
| Department or a qualified organization selected by the | 5 |
| Department
to maintain the records, or by other means | 6 |
| established by the Department. | 7 |
| A person who is licensed as a funeral director and embalmer | 8 |
| under this Code
Act and who has engaged in the practice of | 9 |
| funeral directing and embalming for
at least 40
years shall be | 10 |
| exempt from the continuing education requirements of this
| 11 |
| Section. In addition,
the Department shall establish by rule an | 12 |
| exemption or exception , for a limited period of time, for
| 13 |
| funeral directors and embalmers who, by reason of advanced age, | 14 |
| health or
other extreme condition, should reasonably be excused | 15 |
| from the continuing
education requirement upon explanation to | 16 |
| the Board, the approval of the Secretary
Director, or both . | 17 |
| Those persons, identified above, who cannot attend
on-site | 18 |
| classes, shall have the opportunity to comply by completing | 19 |
| home
study courses designed for them by sponsors. | 20 |
| Any funeral director and embalmer who notifies the | 21 |
| Department in writing
on forms prescribed by the Department, | 22 |
| may elect to place his or her license on
an inactive status and | 23 |
| shall , subject to rules of the Department, be excused from | 24 |
| payment of renewal fees and completion of continuing education
| 25 |
| requirements until he or she notifies the Department in writing | 26 |
| of an
intent to restore or reinstate the license to active |
|
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| status. While on inactive status,
the licensee shall only be | 2 |
| required to pay a single fee, established by the
Department, to | 3 |
| have the license placed on inactive status. Any licensee
| 4 |
| requesting restoration or reinstatement from inactive status | 5 |
| shall notify the Department as
provided by rule of the | 6 |
| Department and pay the fee required by the
Department for | 7 |
| restoration or reinstatement of the license. Any licensee whose | 8 |
| license is on
inactive status shall not practice in the State | 9 |
| of Illinois. | 10 |
| Practice on a license that has lapsed or been placed in | 11 |
| inactive status
is practicing without a license and a violation | 12 |
| of this Code. | 13 |
| (Source: P.A. 93-268, eff. 1-1-04.) | 14 |
| (225 ILCS 41/15-5) (from Ch. 111, par. 2825) | 15 |
| (Section scheduled to be repealed on January 1, 2013) | 16 |
| Sec. 15-5. Funeral Directors and Embalmers Licensing and
| 17 |
| Disciplinary Board. A Funeral Directors and Embalmers
| 18 |
| Licensing and Disciplinary Board is created and shall
consist | 19 |
| of 7 persons, 6 of whom are licensed to
practice funeral | 20 |
| directing and embalming in this State, and one who is a
| 21 |
| knowledgeable public member. Each member shall be appointed by | 22 |
| the Secretary
Director of the Department. The persons so | 23 |
| appointed shall hold their
offices for 4 years and until a | 24 |
| qualified successors are successor is appointed. All vacancies
| 25 |
| occurring shall be filled by the Secretary Director for the |
|
|
|
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| unexpired portion of the term
rendered vacant. No member shall | 2 |
| be eligible to serve for more than 2 full
consecutive terms. | 3 |
| The Secretary may remove any member of the Board for reasons | 4 |
| prescribed by law for removal of State officials or for | 5 |
| misconduct, incompetence, neglect of duty, or failing to attend | 6 |
| 2 consecutive Board meetings. Any appointee may be removed by | 7 |
| the Director when in
his or her
discretion he or she finds | 8 |
| removal
to be in the public interest. The cause for removal | 9 |
| must be set forth
in writing. The Board shall annually select a | 10 |
| chairman from its membership.
The members of the Board shall be | 11 |
| reimbursed for all legitimate and necessary
expenses incurred | 12 |
| in attending meetings of the Board. The Board may meet
as often | 13 |
| as necessary to perform its duties under this Code, and shall | 14 |
| meet
at least once a year in Springfield, Illinois. | 15 |
| Four members of the Board shall constitute a quorum. A | 16 |
| quorum is required for Board decisions. | 17 |
| The Department shall consider the recommendation of the | 18 |
| Board in the development of proposed rules under this Code. | 19 |
| Notice of any proposed rulemaking under this Code shall be | 20 |
| transmitted to the Board and the Department shall review the | 21 |
| response of the Board and any recommendations relating to that | 22 |
| rulemaking. | 23 |
| The Department may seek the advice and recommendations of | 24 |
| the Board on
any matter relating to the administration and | 25 |
| enforcement of this Code. | 26 |
| The Department shall seek the advice and recommendations of |
|
|
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| the Board in
connection with any rulemaking or disciplinary | 2 |
| actions relating to funeral director and embalmers and funeral | 3 |
| director and embalmer interns , including applications
for | 4 |
| restoration of revoked licenses. The Board shall have 60 days | 5 |
| to respond
to a Department request for advice and | 6 |
| recommendations. If the Department
fails to adopt, in whole or | 7 |
| in part, a Board recommendation in connection
with any | 8 |
| rulemaking or disciplinary action, it shall provide a written
| 9 |
| explanation of its specific reasons for not adopting the Board | 10 |
| recommendation.
The written explanations shall be made | 11 |
| available for public inspection. | 12 |
| The Department shall adopt all necessary and reasonable | 13 |
| rules and regulations
for the effective administration of this | 14 |
| Code, and without limiting the
foregoing, the Department shall | 15 |
| adopt rules and regulations: | 16 |
| (1) prescribing a method of examination of candidates; | 17 |
| (2) defining what shall constitute a school, college, | 18 |
| university,
department of a university or other | 19 |
| institution to determine the reputability
and good | 20 |
| standing of these institutions by reference to a compliance | 21 |
| with the
rules and regulations; however, no school, | 22 |
| college, university, department of a
university or other | 23 |
| institution that refuses admittance to applicants, solely
| 24 |
| on account of race, color, creed, sex or national origin | 25 |
| shall be considered
reputable and in good standing; | 26 |
| (3) establishing expiration dates and renewal periods |
|
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|
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| 1 |
| for
all licenses; | 2 |
| (4) prescribing a method of handling complaints and | 3 |
| conducting hearings
on proceedings to take disciplinary | 4 |
| action under this Code; and | 5 |
| (5) providing for licensure by reciprocity. | 6 |
| (Source: P.A. 93-268, eff. 1-1-04.) | 7 |
| (225 ILCS 41/15-10) | 8 |
| (Section scheduled to be repealed on January 1, 2013) | 9 |
| Sec. 15-10. Administrative Procedure Act. The Illinois | 10 |
| Administrative
Procedure Act is hereby expressly adopted and | 11 |
| incorporated into this Code as if
all of the provisions of that | 12 |
| Act were included in this Code, except that the
provision of | 13 |
| subsection (d) of Section 10-65 of the Illinois Administrative
| 14 |
| Procedure Act that provides that at hearings the licensee has | 15 |
| the right to show
compliance with all lawful requirements for | 16 |
| retention, continuation or renewal
of the license is | 17 |
| specifically excluded. For the purposes of this Code the
notice | 18 |
| required under Section 10-25 of the Illinois Administrative | 19 |
| Procedure
Act is deemed sufficient when mailed to the last | 20 |
| known address of record a party . | 21 |
| (Source: P.A. 87-966; 88-45 .) | 22 |
| (225 ILCS 41/15-15) | 23 |
| (Section scheduled to be repealed on January 1, 2013) | 24 |
| Sec. 15-15. Complaints; investigations; hearings; summary |
|
|
|
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|
| 1 |
| suspension of license. The Department may investigate the | 2 |
| actions of any applicant or of any person or persons rendering | 3 |
| or offering to render services or any person holding or | 4 |
| claiming to hold a license under this Code. | 5 |
| The Department shall, before revoking, suspending, placing | 6 |
| on probation, reprimanding, or taking any other disciplinary | 7 |
| action, at least 30 days before the date set for the hearing, | 8 |
| (i) notify the accused in writing of the charges made and the | 9 |
| time and place for the hearing on the charges, (ii) direct him | 10 |
| or her to file a written answer to the charges under oath | 11 |
| within 20 days after the service on him or her of the notice, | 12 |
| and (iii) inform the accused that, if he or she fails to | 13 |
| answer, default will be taken against him or her or that his or | 14 |
| her license may be suspended, revoked, or placed on | 15 |
| probationary status, or other disciplinary action taken with | 16 |
| regard to the license, including limiting the scope, nature, or | 17 |
| extent of his or her practice, as the Department may consider | 18 |
| proper. | 19 |
| At the time and place fixed in the notice, the Department | 20 |
| shall proceed to hear the charges and the parties or their | 21 |
| counsel shall be accorded ample opportunity to present any | 22 |
| pertinent statements, testimony, evidence, and arguments. The | 23 |
| Department may continue the hearing from time to time. In case | 24 |
| the person, after receiving the notice, fails to file an | 25 |
| answer, his or her license may, in the discretion of the | 26 |
| Department, be suspended, revoked, or placed on probationary |
|
|
|
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| 1 |
| status, or the Department may take whatever disciplinary action | 2 |
| it considers proper, including limiting the scope, nature, or | 3 |
| extent of the person's practice or the imposition of a fine, | 4 |
| without a hearing, if the act or acts charged constitute | 5 |
| sufficient grounds for that action under this Code. The written | 6 |
| notice may be served by personal delivery or by certified mail | 7 |
| to the address specified by the accused in his or her last | 8 |
| notification with the Department. | 9 |
| The Department shall
conduct regular inspections of all funeral | 10 |
| establishments to determine
compliance with the provisions of | 11 |
| this Code. The Department may upon its own
motion and shall | 12 |
| upon the verified complaint in writing of any person setting
| 13 |
| forth facts that if proved would constitute grounds for | 14 |
| refusal, suspension,
revocation, or other disciplinary action | 15 |
| investigate the action of any person
holding or claiming to | 16 |
| hold a license under this Code. The Department shall
report to | 17 |
| the Board, on at least a quarterly basis, the status or | 18 |
| disposition
of all complaints against, and investigations of, | 19 |
| license holders. The
Department shall, before refusing to issue | 20 |
| or renew, suspending, revoking, or
taking any other | 21 |
| disciplinary action with respect to any license and at least
30 | 22 |
| days before the date set for the hearing, notify in writing the | 23 |
| licensee
of any charges made and shall direct that person to | 24 |
| file a written answer to
the Board under oath within 20 days | 25 |
| after the service of the notice and inform
that person that | 26 |
| failure to file an answer may result in default being taken
and |
|
|
|
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| 1 |
| the person's license or certificate may be suspended, revoked, | 2 |
| placed on
probationary status, or other disciplinary action may | 3 |
| be taken, including
limiting the scope, nature or extent of | 4 |
| practice, as the Secretary
may deem
proper. The Department | 5 |
| shall afford the licensee an opportunity to be heard in
person | 6 |
| or by counsel in reference to the charges. Written notice may | 7 |
| be served
by personal delivery to the licensee or by mailing it | 8 |
| by registered mail to the
last known business address of | 9 |
| licensee. In case the person fails to file an
answer after | 10 |
| receiving notice, his or her license or certificate may, in the
| 11 |
| discretion of the Department, be suspended, revoked, or placed | 12 |
| on probationary
status, or the Department may take whatever | 13 |
| disciplinary action deemed proper,
including limiting the | 14 |
| scope, nature, or extent of the person's practice or the
| 15 |
| imposition of a fine, without a hearing, if the act or acts | 16 |
| charged constitute
sufficient grounds for such action under | 17 |
| this Act. The hearing on the charges
shall be at a time and | 18 |
| place as the Department shall prescribe. The Department
may | 19 |
| appoint a hearing officer to conduct the hearing. The | 20 |
| Department shall
notify the Board of the time and place of the | 21 |
| hearing and Board members
shall be allowed to sit at the | 22 |
| hearing. | 23 |
| The Department has the power
to subpoena and bring before | 24 |
| it any person to take oral or written testimony and to compel | 25 |
| the production of any books, papers, records, or other | 26 |
| documents that the Secretary or his or her designee deems |
|
|
|
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| 1 |
| relevant or material to any investigation or hearing conducted | 2 |
| by the Department, with the same fees and in the same manner as | 3 |
| prescribed in civil cases. The Secretary, the designated | 4 |
| hearing officer, and every member of the Board has the power to | 5 |
| administer oaths to witnesses at any hearing that the | 6 |
| Department is authorized to conduct, and any other oaths | 7 |
| authorized in any Act or Code administered by the Department in | 8 |
| this State, or take testimony
of any person by deposition, with | 9 |
| the same fees and mileage,
in the same manner as prescribed by | 10 |
| law in judicial proceedings in circuit
courts of this State in | 11 |
| civil cases . | 12 |
| If the Department determines that
any licensee is guilty of | 13 |
| a violation of any of the provisions of this
Code, disciplinary | 14 |
| action shall be taken against the licensee.
The Department may | 15 |
| take disciplinary action without a formal hearing subject
to | 16 |
| Section 10-70 of the Illinois Administrative Procedure Act. | 17 |
| The Secretary may summarily suspend the license of any | 18 |
| person licensed under this Code Act without a hearing, | 19 |
| simultaneously with the institution of proceedings for a | 20 |
| hearing provided for in this Section, if the Secretary finds | 21 |
| that evidence in the possession of the Secretary indicates that | 22 |
| the continuation of practice by the licensee would constitute | 23 |
| an imminent danger to the public. In the event that the | 24 |
| Secretary summarily suspends the license of an individual | 25 |
| without a hearing, a hearing must be held within 30 days after | 26 |
| the suspension has occurred and concluded as expeditiously as |
|
|
|
09600HB6420ham001 |
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|
| 1 |
| practical .
| 2 |
| (Source: P.A. 96-48, eff. 7-17-09.) | 3 |
| (225 ILCS 41/15-16 new) | 4 |
| (Section scheduled to be repealed on January 1, 2013) | 5 |
| Sec. 15-16. Appointment of a hearing officer. The Secretary | 6 |
| has the authority to appoint any attorney licensed to practice | 7 |
| law in the State of Illinois to serve as the hearing officer in | 8 |
| any action for refusal to issue, restore, or renew a license or | 9 |
| to discipline a licensee. The hearing officer has full | 10 |
| authority to conduct the hearing. Any Board member may attend | 11 |
| hearings. | 12 |
| (225 ILCS 41/15-17 new) | 13 |
| (Section scheduled to be repealed on January 1, 2013) | 14 |
| Sec. 15-17. Consent order. At any point in any | 15 |
| investigation or disciplinary proceeding provided for in this | 16 |
| Code, both parties may agree to a negotiated consent order. The | 17 |
| consent order shall be final upon signature of the Secretary. | 18 |
| (225 ILCS 41/15-20) | 19 |
| (Section scheduled to be repealed on January 1, 2013) | 20 |
| Sec. 15-20. Transcript; record of proceedings ; rehearing . | 21 |
| The
Department, at its expense, shall provide a stenographer
to | 22 |
| take down the testimony and preserve a record of all | 23 |
| proceedings at the
formal hearing of any case where a license |
|
|
|
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|
| 1 |
| is revoked, suspended
or subjected to any other disciplinary | 2 |
| action . The notice of hearing,
complaint and all other | 3 |
| documents in the nature of pleadings and written
motions filed | 4 |
| in the proceedings, the transcript of testimony, the report
of | 5 |
| the Board or hearing officer, and the orders of the Department | 6 |
| shall be the record of
the proceedings. The Department shall | 7 |
| furnish a transcript of
the record to any person interested in | 8 |
| the hearing upon payment of
the actual cost of making the | 9 |
| transcript. | 10 |
| The record of all proceedings at the hearing shall be | 11 |
| submitted for review
to the Board, which shall present to the | 12 |
| Director a written report of its
findings and recommendations | 13 |
| based solely upon the record. The report of
findings and | 14 |
| recommendations of the Board shall be the basis for the
| 15 |
| Department's order unless the Director determines that the | 16 |
| Board findings and
recommendations are contrary to the manifest | 17 |
| weight of the evidence. A copy of
that report and the | 18 |
| Department's order shall be served upon the accused person,
| 19 |
| either personally, or by registered or certified mail to the | 20 |
| address specified
by the licensee in his last notification to | 21 |
| the Director. Within 20 days after
service, the accused person | 22 |
| may present to the Department his or her motion in
writing for | 23 |
| a rehearing, which shall specify the particular grounds for
| 24 |
| rehearing. If the accused person orders and pays for a | 25 |
| transcript of the record
as provided in this Act, the time | 26 |
| elapsing thereafter and before the transcript
is ready for |
|
|
|
09600HB6420ham001 |
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|
| 1 |
| delivery shall not be counted as part of the 20 days. | 2 |
| Whenever the Director is not satisfied that substantial | 3 |
| justice has been
done, he or she may order a rehearing by the | 4 |
| same or another hearing officer.
At the expiration of the time | 5 |
| specified for filing a motion for a rehearing
the Director | 6 |
| shall have the right to take the action contained in the order.
| 7 |
| Upon the suspension or revocation of a license, the licensee | 8 |
| shall
be required to surrender the license to the Department, | 9 |
| and
upon failure or refusal to do so, the Department has the | 10 |
| right to
seize the license. | 11 |
| At any time after the suspension or revocation of any | 12 |
| license, the
Department may restore it to the accused person | 13 |
| without examination. | 14 |
| (Source: P.A. 87-966 .) | 15 |
| (225 ILCS 41/15-21 new) | 16 |
| (Section scheduled to be repealed on January 1, 2013) | 17 |
| Sec. 15-21. Findings and recommendations.
At the | 18 |
| conclusion of the hearing, the Board shall present to the | 19 |
| Secretary a written report of its findings of fact, conclusions | 20 |
| of law, and recommendations. The report shall contain a finding | 21 |
| of whether or not the accused person violated this Code or its | 22 |
| rules or failed to comply with the conditions required in this | 23 |
| Code or its rules. The Board shall specify the nature of any | 24 |
| violations or failure to comply and shall make its | 25 |
| recommendations to the Secretary. In making recommendations |
|
|
|
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|
| 1 |
| for any disciplinary action, the Board may take into | 2 |
| consideration all facts and circumstances bearing upon the | 3 |
| reasonableness of the conduct of the accused and the potential | 4 |
| for future harm to the public, including, but not limited to, | 5 |
| previous discipline of the accused by the Department, intent, | 6 |
| degree of harm to the public and likelihood of harm in the | 7 |
| future, any restitution made by the accused, and whether the | 8 |
| incident or incidents contained in the complaint appear to be | 9 |
| isolated or represent a continuing pattern of conduct. In | 10 |
| making its recommendations for discipline, the Board shall | 11 |
| endeavor to ensure that the severity of the discipline | 12 |
| recommended is reasonably related to the severity of the | 13 |
| violation. | 14 |
| The report of findings of fact, conclusions of law, and | 15 |
| recommendation of the Board or hearing officer shall be the | 16 |
| basis for the Department's order refusing to issue, restore, or | 17 |
| renew a license, or otherwise disciplining a licensee. If the | 18 |
| Secretary disagrees with the recommendations of the Board or | 19 |
| hearing officer, the Secretary may issue an order in | 20 |
| contravention of the Board or hearing officer's | 21 |
| recommendations. The finding is not admissible in evidence | 22 |
| against the person in a criminal prosecution brought for a | 23 |
| violation of this Code, but the hearing and finding are not a | 24 |
| bar to a criminal prosecution brought for a violation of this | 25 |
| Code. |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| (225 ILCS 41/15-22 new) | 2 |
| (Section scheduled to be repealed on January 1, 2013) | 3 |
| Sec. 15-22. Rehearing. At the conclusion of the hearing, a | 4 |
| copy of the Board or hearing officer's report shall be served | 5 |
| upon the applicant or licensee by the Department, either | 6 |
| personally or as provided in this Code for the service of a | 7 |
| notice of hearing. Within 20 days after service, the applicant | 8 |
| or licensee may present to the Department a motion in writing | 9 |
| for a rehearing, which shall specify the particular grounds for | 10 |
| rehearing. The Department may respond to the motion for | 11 |
| rehearing within 20 days after its service on the Department. | 12 |
| If no motion for rehearing is filed, then upon the expiration | 13 |
| of the time specified for filing such a motion, or if a motion | 14 |
| for rehearing is denied, then upon denial, the Secretary may | 15 |
| enter an order in accordance with the recommendations of the | 16 |
| Board or hearing officer. If the applicant or licensee orders | 17 |
| from the reporting service and pays for a transcript of the | 18 |
| record within the time for filing a motion for rehearing, the | 19 |
| 20-day period within which a motion may be filed shall commence | 20 |
| upon the delivery of the transcript to the applicant or | 21 |
| licensee. | 22 |
| If the Secretary believes that substantial justice has not | 23 |
| been done in the revocation, suspension, or refusal to issue, | 24 |
| restore, or renew a license, or other discipline of an | 25 |
| applicant or licensee, he or she may order a rehearing by the | 26 |
| same or other examiners.
|
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| (225 ILCS 41/15-30)
| 2 |
| (Section scheduled to be repealed on January 1, 2013)
| 3 |
| Sec. 15-30. Mental incompetence; suspension. The entry of a | 4 |
| judgment by any
court of competent jurisdiction establishing | 5 |
| the mental incompetence of any
person holding a license under | 6 |
| this Code Act operates as a suspension of that
person's | 7 |
| license. The person may resume his or her practice only upon a | 8 |
| finding
by a court of competent jurisdiction that the person | 9 |
| has recovered mental
capacity.
| 10 |
| (Source: P.A. 87-966 .)
| 11 |
| (225 ILCS 41/15-35)
| 12 |
| (Section scheduled to be repealed on January 1, 2013)
| 13 |
| Sec. 15-35. Administrative Review Law. | 14 |
| (a) All final administrative decisions of
the Department | 15 |
| shall be subject to judicial review under the Administrative
| 16 |
| Review Law and its rules. The term "administrative decision" is | 17 |
| defined as in
Section 3-101 of the Code of Civil Procedure.
| 18 |
| (b) Proceedings for judicial review shall be commenced in | 19 |
| the circuit court of the county in which the party applying for | 20 |
| review resides, but if the party is not a resident of Illinois, | 21 |
| then the venue shall be in Sangamon County. | 22 |
| (Source: P.A. 87-966 .)
| 23 |
| (225 ILCS 41/15-40)
|
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2013)
| 2 |
| Sec. 15-40. Certification of record; receipt. The | 3 |
| Department shall not be
required to certify any record to the | 4 |
| court , to file an answer in court, or file any answer in court | 5 |
| or
otherwise to appear in any court in a judicial review | 6 |
| proceeding unless and until the Department has received from | 7 |
| the plaintiff payment of the costs of furnishing and certifying | 8 |
| the record, which costs shall be determined by the Department | 9 |
| there is
filed in the Court with the complaint a receipt from | 10 |
| the Department
acknowledging payment of the costs of furnishing | 11 |
| and certifying the record .
Exhibits shall be certified without | 12 |
| cost. Failure on the part of the Plaintiff
to file a receipt in | 13 |
| court shall be grounds for dismissal of the action.
| 14 |
| (Source: P.A. 87-966 .)
| 15 |
| (225 ILCS 41/15-41 new) | 16 |
| (Section scheduled to be repealed on January 1, 2013) | 17 |
| Sec. 15-41. Order or certified copy; prima facie proof. An | 18 |
| order or certified copy thereof, over the seal of the | 19 |
| Department and purporting to be signed by the Secretary, is | 20 |
| prima facie proof that: | 21 |
| (1) the signature is the genuine signature of the | 22 |
| Secretary; | 23 |
| (2) the Secretary is duly appointed and qualified; and | 24 |
| (3) the hearing officer is qualified to act.
|
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| (225 ILCS 41/15-45)
| 2 |
| (Section scheduled to be repealed on January 1, 2013)
| 3 |
| Sec. 15-45.
Practice without license; injunction; cease | 4 |
| and desist order;
civil penalties.
| 5 |
| (a) The practice of funeral
directing and embalming or | 6 |
| funeral directing by any person who has not been
issued a | 7 |
| license by the Department, whose license has been suspended or
| 8 |
| revoked, or whose license has not been renewed is hereby | 9 |
| declared to be
inimical to the public welfare and to constitute | 10 |
| a public nuisance. The Secretary
Director of Professional | 11 |
| Regulation may, in the name of the People of the State
of | 12 |
| Illinois through the Attorney General of the State of Illinois, | 13 |
| or the
State's Attorney of any county in the State of Illinois, | 14 |
| apply for an
injunction in the circuit court to enjoin any | 15 |
| person who has not been issued a
license or whose license has | 16 |
| been suspended or revoked, or whose license has
not been | 17 |
| renewed, from practicing funeral directing and embalming or | 18 |
| funeral
directing. Upon the filing of a verified complaint in | 19 |
| court, the court, if
satisfied by affidavit or otherwise that | 20 |
| the person is or has
been practicing funeral directing and | 21 |
| embalming or funeral directing without
having been issued a | 22 |
| license or after his or her license has been suspended,
| 23 |
| revoked, or not renewed, may issue a temporary restraining | 24 |
| order or preliminary
injunction, without notice or bond, | 25 |
| enjoining the defendant from further
practicing funeral | 26 |
| directing and embalming or funeral directing. A copy of the
|
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| verified complaint shall be served upon the defendant and the | 2 |
| proceedings shall
thereafter be conducted as in other civil | 3 |
| cases. If it is established that the
defendant has been or is | 4 |
| practicing funeral directing and embalming or funeral
| 5 |
| directing without having been issued a license or has been or | 6 |
| is practicing
funeral directing and embalming or funeral | 7 |
| directing after his or her license
has been suspended, revoked, | 8 |
| or not renewed, the court may enter a judgment
perpetually | 9 |
| enjoining the defendant from further practicing funeral | 10 |
| directing
and embalming or funeral directing. In case of | 11 |
| violation of any injunction
entered under this Section, the | 12 |
| court may summarily try and punish the offender
for contempt of | 13 |
| court. Any injunction proceeding shall be in addition to, and
| 14 |
| not in lieu of, all penalties and other remedies in this Code.
| 15 |
| (b) Whenever, in the opinion of the Department, any person | 16 |
| or other entity
violates any provision of this Code Act , the | 17 |
| Department may issue a notice to show
cause why an order to | 18 |
| cease and desist should not be entered against that
person or | 19 |
| other entity. The rule shall clearly set forth the grounds | 20 |
| relied
upon
by the Department and shall provide a period of 7 | 21 |
| days from the date of the
rule to file an answer to the | 22 |
| satisfaction of the Department. Failure to answer
to the | 23 |
| satisfaction of the Department shall cause an order to cease | 24 |
| and desist
to be issued immediately.
| 25 |
| (c) (1) (Blank). In addition to any other penalty provided | 26 |
| by law, any person, sole
proprietorship, professional service |
|
|
|
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LRB096 21048 ASK 39552 a |
|
| 1 |
| corporation, limited liability company,
partnership, or other | 2 |
| entity that violates Section 1-15 or 1-20 of this Act
shall | 3 |
| forfeit and pay to the General Professions Dedicated Fund a | 4 |
| civil penalty
in an amount determined by the Department of not | 5 |
| more than $10,000 for each
offense. The penalty shall be | 6 |
| assessed in proceedings as provided in Sections
15-10 through | 7 |
| 15-40 of this Act.
| 8 |
| (2) (Blank). Unless the amount of the penalty is paid | 9 |
| within 60 days after the
order becomes final, the order shall | 10 |
| constitute a judgement and shall be filed
and execution issued | 11 |
| thereon in the same manner as the judgement of a court of
| 12 |
| record.
| 13 |
| (Source: P.A. 93-268, eff. 1-1-04.)
| 14 |
| (225 ILCS 41/15-46 new) | 15 |
| (Section scheduled to be repealed on January 1, 2013) | 16 |
| Sec. 15-46. Civil penalties; civil action.
| 17 |
| (a) In addition to any other penalty provided by law, any | 18 |
| person, sole
proprietorship, professional service corporation, | 19 |
| limited liability company,
partnership, or other entity that | 20 |
| violates Section 1-15 or 1-20 of this Code
shall forfeit and | 21 |
| pay to the General Professions Dedicated Fund a civil penalty
| 22 |
| in an amount determined by the Department not to exceed $10,000 | 23 |
| for each violation. The penalty shall be assessed in | 24 |
| proceedings as provided in Sections
15-10 through 15-41 of this | 25 |
| Code.
|
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| (b) In addition to the other penalties and remedies | 2 |
| provided in this Code, the Department may bring a civil action | 3 |
| in the county in which the funeral establishment is located | 4 |
| against a licensee or any other person to enjoin any violation | 5 |
| or threatened violation of this Code.
| 6 |
| (c) Unless the amount of the penalty is paid within 60 days | 7 |
| after the
order becomes final, the order shall constitute a | 8 |
| judgement and shall be filed
and execution issued thereon in | 9 |
| the same manner as the judgement of a court of
record.
| 10 |
| (225 ILCS 41/15-55)
| 11 |
| (Section scheduled to be repealed on January 1, 2013)
| 12 |
| Sec. 15-55. Preparation room. The Department shall require | 13 |
| that each fixed
place of practice or establishment devoted to | 14 |
| the care and preparation for
burial or for transportation of | 15 |
| deceased human bodies maintain a preparation
room properly | 16 |
| equipped with necessary drainage and ventilation facilities | 17 |
| and
containing instruments and supplies necessary for the | 18 |
| preparation and embalming
of deceased human bodies for burial | 19 |
| or transportation.
Branch operations of main funeral | 20 |
| businesses having a preparation room and
located in the State | 21 |
| of Illinois are exempt from the requirements of this
Section. | 22 |
| The Department may adopt rules for all preparation room | 23 |
| equipment and facility requirements.
| 24 |
| (Source: P.A. 93-268, eff. 1-1-04.)
|
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| (225 ILCS 41/15-65)
| 2 |
| (Section scheduled to be repealed on January 1, 2013)
| 3 |
| Sec. 15-65. Fees. The Department shall provide by rule for | 4 |
| a schedule of
fees for the administration and enforcement of | 5 |
| this Code Act , including but not
limited to original licensure, | 6 |
| renewal, and restoration. The fees shall be
nonrefundable.
| 7 |
| All fees collected under this Code Act shall be deposited | 8 |
| into the
General Professions Dedicated Fund and shall be | 9 |
| appropriated to the Department
for the ordinary and contingent | 10 |
| expenses of the Department in the
administration of this Code | 11 |
| Act .
| 12 |
| (Source: P.A. 91-454, eff. 1-1-00 .)
| 13 |
| (225 ILCS 41/15-70)
| 14 |
| (Section scheduled to be repealed on January 1, 2013)
| 15 |
| Sec. 15-70. Returned checks; fines. Any person who delivers | 16 |
| a check or other payment to the Department that
is returned to | 17 |
| the Department unpaid by the financial institution upon
which | 18 |
| it is drawn shall pay to the Department, in addition to the | 19 |
| amount
already owed to the Department, a fine of $50. The fines | 20 |
| imposed by this
Section are in addition
to any other discipline | 21 |
| provided under this Code Act for unlicensed
practice or | 22 |
| practice on a nonrenewed license. The Department shall notify
| 23 |
| the person that payment of fees and fines shall be paid to the | 24 |
| Department
by certified check or money order within 30 calendar | 25 |
| days of the
notification. If, after the expiration of 30 days |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| from the date of the
notification, the person has failed to | 2 |
| submit the necessary remittance, the
Department shall | 3 |
| automatically terminate the license or certificate or deny
the | 4 |
| application, without hearing. If, after termination or denial, | 5 |
| the
person seeks a license or certificate, he or she shall | 6 |
| apply to the
Department for restoration or issuance of the | 7 |
| license or certificate and
pay all fees and fines due to the | 8 |
| Department. The Department may establish
a fee for the | 9 |
| processing of an application for restoration of a license or
| 10 |
| certificate to pay all expenses of processing this application. | 11 |
| The Secretary Director
may waive the fines due under this | 12 |
| Section in individual cases where the Secretary
Director finds | 13 |
| that the fines would be unreasonable or unnecessarily
| 14 |
| burdensome.
| 15 |
| (Source: P.A. 92-146, eff. 1-1-02 .)
| 16 |
| (225 ILCS 41/15-75) | 17 |
| (Section scheduled to be repealed on January 1, 2013) | 18 |
| Sec. 15-75. Violations; grounds for discipline; penalties. | 19 |
| (a) Each of the following acts is a Class A misdemeanor
for | 20 |
| the first offense, and a Class 4 felony for each subsequent | 21 |
| offense.
These penalties shall also apply to unlicensed owners | 22 |
| of funeral homes. | 23 |
| (1) Practicing the profession of funeral directing and | 24 |
| embalming or
funeral directing, or attempting to practice | 25 |
| the profession of funeral
directing and embalming or |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| funeral directing without a license as a licensed
funeral | 2 |
| director and embalmer or funeral director or acting as a | 3 |
| customer service employee without a license as a customer | 4 |
| service employee issued by the Department . | 5 |
| (2) Serving as an intern under a licensed funeral
| 6 |
| director
and embalmer or
attempting to serve as an intern | 7 |
| under a licensed funeral
director and embalmer
without a | 8 |
| license as a licensed funeral director and embalmer intern. | 9 |
| (3) Obtaining or attempting to obtain a license, | 10 |
| practice or business,
or any other thing of value, by fraud | 11 |
| or misrepresentation. | 12 |
| (4) Permitting any person in one's employ, under one's | 13 |
| control or in or
under one's service to serve as a funeral | 14 |
| director and embalmer, funeral
director, or funeral | 15 |
| director and embalmer intern when the
person does not have | 16 |
| the appropriate license. | 17 |
| (5) Failing to display a license as required by this | 18 |
| Code. | 19 |
| (6) Giving false information or making a false oath or | 20 |
| affidavit
required by this Code. | 21 |
| (b) The Department may refuse to issue or renew a license | 22 |
| or may revoke, suspend, place on probation, reprimand, or take | 23 |
| other disciplinary action as the Department may deem | 24 |
| appropriate, including imposing fines not to exceed $10,000 for | 25 |
| each violation, with regard to any license under the Code for | 26 |
| any one or combination of the following: Each of the following |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| acts or actions is a violation of this Code for
which the | 2 |
| Department may refuse to issue or renew, or may suspend or | 3 |
| revoke
any license or may take any disciplinary action as the | 4 |
| Department may deem
proper including fines not to exceed $1,000 | 5 |
| for each violation. | 6 |
| (1) Obtaining or attempting to obtain a license by | 7 |
| fraud or
misrepresentation. | 8 |
| (2) Conviction in this State or another state of any | 9 |
| crime that is a
felony or misdemeanor under the laws of | 10 |
| this State or conviction of a
felony or misdemeanor in a | 11 |
| federal
court. | 12 |
| (3) Violation of the laws of this State relating to the | 13 |
| funeral, burial
or disposal of deceased human bodies or of | 14 |
| the rules and regulations of the
Department, or the | 15 |
| Department of Public Health. | 16 |
| (4) Directly or indirectly paying or causing to be paid | 17 |
| any sum of money
or other valuable consideration for the | 18 |
| securing of business or for
obtaining authority to dispose | 19 |
| of any deceased human body. | 20 |
| (5) Professional incompetence, gross malpractice, | 21 |
| Incompetence or untrustworthiness in the practice of | 22 |
| funeral
directing and embalming or funeral directing. | 23 |
| (6) False or misleading advertising as a funeral | 24 |
| director and embalmer
or funeral director, or advertising | 25 |
| or using the name of a person other than
the holder of a | 26 |
| license in connection with any service being rendered in |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| the
practice of funeral directing and embalming or funeral | 2 |
| directing. Nothing in
this paragraph shall prevent | 3 |
| including the name of any owner, officer or
corporate | 4 |
| director of a funeral business who is not a licensee in
any | 5 |
| advertisement
used by a funeral home with which the | 6 |
| individual is affiliated if the
advertisement specifies | 7 |
| the individual's affiliation with the funeral home. | 8 |
| (7) Engaging in, promoting, selling, or issuing burial | 9 |
| contracts, burial
certificates, or burial insurance | 10 |
| policies in connection with the
profession as a funeral | 11 |
| director and embalmer, funeral director, or funeral
| 12 |
| director and embalmer intern in violation of any laws of | 13 |
| the
State
of Illinois. | 14 |
| (8) Refusing, without cause, to surrender the custody | 15 |
| of a deceased
human body upon the proper request of the | 16 |
| person or persons lawfully
entitled to the custody of the | 17 |
| body. | 18 |
| (9) Taking undue advantage of a client or clients as to | 19 |
| amount to the
perpetration of fraud. | 20 |
| (10) Engaging in funeral directing and embalming or | 21 |
| funeral
directing without a license. | 22 |
| (11) Encouraging, requesting, or suggesting by a | 23 |
| licensee or some person
working on his behalf and with his | 24 |
| consent for compensation that a person
utilize the services | 25 |
| of a certain funeral director and embalmer, funeral
| 26 |
| director, or funeral establishment unless that information |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| has
been expressly requested by the person. This does not | 2 |
| prohibit general
advertising or pre-need solicitation. | 3 |
| (12) Making or causing to be made any false or | 4 |
| misleading statements
about the laws concerning the | 5 |
| disposal of human remains, including, but not
limited to, | 6 |
| the need to embalm, the need for a casket for cremation or | 7 |
| the
need for an outer burial container. | 8 |
| (13) (Blank). Continued practice by a person having an | 9 |
| infectious or contagious disease. | 10 |
| (14) Embalming or attempting to embalm a deceased human | 11 |
| body without
express prior authorization of the person | 12 |
| responsible for making the
funeral arrangements for the | 13 |
| body. This does not apply to cases where
embalming is | 14 |
| directed by local authorities who have jurisdiction or when
| 15 |
| embalming is required by State or local law. | 16 |
| (15) Making a false statement on a Certificate of Death | 17 |
| where the
person making the statement knew or should have | 18 |
| known that the statement
was false. | 19 |
| (16) Soliciting human bodies after death or while death | 20 |
| is imminent. | 21 |
| (17) Performing any act or practice that is a violation
| 22 |
| of this Code, the rules for the administration of this | 23 |
| Code, or any
federal,
State or local laws, rules, or | 24 |
| regulations
governing the practice of funeral directing or | 25 |
| embalming. | 26 |
| (18) Performing any act or practice that is a violation |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| of Section 2 of
the Consumer Fraud and Deceptive Business | 2 |
| Practices Act. | 3 |
| (19) Engaging in unethical or unprofessional conduct | 4 |
| of a character
likely to deceive, defraud or harm the | 5 |
| public. | 6 |
| (20) Taking possession of a dead human body without | 7 |
| having first
obtained express permission from next of kin | 8 |
| or a public agency legally
authorized to direct, control or | 9 |
| permit the removal of deceased human bodies. | 10 |
| (21) Advertising in a false or misleading manner or | 11 |
| advertising using
the name of an unlicensed person in | 12 |
| connection with any service being
rendered in the practice | 13 |
| of funeral directing or funeral directing and
embalming. | 14 |
| The use of any name of an unlicensed or unregistered person | 15 |
| in
an advertisement so as to imply that the person will | 16 |
| perform services is
considered misleading advertising. | 17 |
| Nothing in this paragraph shall prevent
including the name | 18 |
| of any owner, officer or corporate director of a funeral
| 19 |
| home, who is not a licensee, in any advertisement used by a | 20 |
| funeral home
with which the individual is affiliated, if | 21 |
| the advertisement specifies
the individual's affiliation | 22 |
| with the funeral home. | 23 |
| (22) Directly or indirectly receiving compensation for | 24 |
| any professional
services not actually performed. | 25 |
| (23) Failing to account for or remit any monies, | 26 |
| documents, or personal
property that belongs to others that |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| comes into a licensee's possession. | 2 |
| (24) Treating any person differently to his detriment | 3 |
| because of
race, color, creed, gender, religion, or | 4 |
| national origin. | 5 |
| (25) Knowingly making any false statements, oral or | 6 |
| otherwise, of a
character likely to influence, persuade or | 7 |
| induce others in the course of
performing professional | 8 |
| services or activities. | 9 |
| (26) Knowingly making or filing false records or | 10 |
| reports in the practice
of funeral directing and embalming. | 11 |
| (27) Failing to acquire continuing education required | 12 |
| under this Code. | 13 |
| (28) Violations of this Code or of the rules adopted | 14 |
| pursuant to this Code. | 15 |
| (29) Aiding or assisting another person in violating | 16 |
| any provision of this Code or rules adopted pursuant to | 17 |
| this Code. | 18 |
| (30) Failing within 10 days, to provide information in | 19 |
| response to a written request made by the Department. | 20 |
| (31) Discipline by another state, District of | 21 |
| Columbia, territory, or foreign nation, if at least one of | 22 |
| the grounds for the discipline is the same or substantially | 23 |
| equivalent to those set forth in this Section. | 24 |
| (32) Directly or indirectly giving to or receiving from | 25 |
| any person, firm, corporation, partnership, or association | 26 |
| any fee, commission, rebate, or other form of compensation |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| for professional services not actually or personally | 2 |
| rendered. | 3 |
| (33) Inability to practice the profession with | 4 |
| reasonable judgment, skill, or safety. | 5 |
| (34) Gross, willful, or continued overcharging for | 6 |
| professional services, including filing false statements | 7 |
| for collection of fees for which services are not rendered. | 8 |
| (35) A pattern of practice or other behavior that | 9 |
| demonstrates incapacity or incompetence to practice under | 10 |
| this Code. | 11 |
| (36) (28) Failing to comply with any of the following | 12 |
| required activities: | 13 |
| (A) When reasonably possible, a funeral director | 14 |
| licensee or funeral director and embalmer licensee or | 15 |
| anyone acting on his or
her behalf shall obtain the | 16 |
| express authorization of the person or persons
| 17 |
| responsible for making the funeral arrangements for a | 18 |
| deceased human body
prior to removing a body from the | 19 |
| place of death or any place it may be or
embalming or | 20 |
| attempting to embalm a deceased human body, unless | 21 |
| required by
State or local law. This requirement is | 22 |
| waived whenever removal or
embalming is directed by | 23 |
| local authorities who have jurisdiction.
If the | 24 |
| responsibility for the handling of the remains | 25 |
| lawfully falls under
the jurisdiction of a public | 26 |
| agency, then the regulations of the public
agency shall |
|
|
|
09600HB6420ham001 |
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LRB096 21048 ASK 39552 a |
|
| 1 |
| prevail. | 2 |
| (B) A licensee shall clearly mark the price of any | 3 |
| casket offered for
sale or the price of any service | 4 |
| using the casket on or in the casket if
the casket is | 5 |
| displayed at the funeral establishment. If the casket | 6 |
| is
displayed at any other location, regardless of | 7 |
| whether the licensee is in
control of that location, | 8 |
| the casket shall be clearly marked and the
registrant | 9 |
| shall use books, catalogues, brochures, or other | 10 |
| printed display
aids to show the price of each casket | 11 |
| or service. | 12 |
| (C) At the time funeral arrangements are made and | 13 |
| prior to rendering the
funeral services, a licensee | 14 |
| shall furnish a written statement of services to be
| 15 |
| retained by the person or persons making the funeral | 16 |
| arrangements, signed
by both parties, that shall | 17 |
| contain: (i) the name, address and telephone number
of | 18 |
| the funeral establishment and the date on which the | 19 |
| arrangements were made;
(ii) the price of the service | 20 |
| selected and the services and merchandise
included for | 21 |
| that price; (iii) a clear disclosure that the person or | 22 |
| persons
making the arrangement may decline and receive | 23 |
| credit for any service or
merchandise not desired and | 24 |
| not required by law or the funeral director or the
| 25 |
| funeral director and embalmer; (iv) the supplemental | 26 |
| items of service and
merchandise requested and the |
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| price of each item; (v) the terms or method of
payment | 2 |
| agreed upon; and (vi) a statement as to any monetary | 3 |
| advances made by
the registrant on behalf of the | 4 |
| family. The licensee shall maintain a copy of the | 5 |
| written statement of services in its permanent | 6 |
| records. All written statements of services are | 7 |
| subject to inspection by the Department. | 8 |
| (D) In all instances where the place of final | 9 |
| disposition of a deceased human body or the cremated | 10 |
| remains of a deceased human body is a cemetery, the | 11 |
| licensed funeral director and embalmer, or licensed | 12 |
| funeral director, who has been engaged to provide | 13 |
| funeral or embalming services shall remain at the | 14 |
| cemetery and personally witness the placement of the | 15 |
| human remains in their designated grave or the sealing | 16 |
| of the above ground depository, crypt, or urn. The | 17 |
| licensed funeral director or licensed funeral director | 18 |
| and embalmer may designate a licensed funeral director | 19 |
| and embalmer intern or representative of the funeral | 20 |
| home to be his or her witness to the placement of the | 21 |
| remains. If the cemetery authority, cemetery manager, | 22 |
| or any other agent of the cemetery takes any action | 23 |
| that prevents compliance with this paragraph (D), then | 24 |
| the funeral director and embalmer or funeral director | 25 |
| shall provide written notice to the Department within 5 | 26 |
| business days after failing to comply. If the |
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| Department receives this notice, then the Department | 2 |
| shall not take any disciplinary action against the | 3 |
| funeral director and embalmer or funeral director for a | 4 |
| violation of this paragraph (D) unless the Department | 5 |
| finds that the cemetery authority, manager, or any | 6 |
| other agent of the cemetery did not prevent the funeral | 7 |
| director and embalmer or funeral director from | 8 |
| complying with this paragraph (D) as claimed in the | 9 |
| written notice. | 10 |
| (E) A funeral director or funeral director and | 11 |
| embalmer shall fully complete the portion of the | 12 |
| Certificate of Death under the responsibility of the | 13 |
| funeral director or funeral director and embalmer and | 14 |
| provide all required information. In the event that any | 15 |
| reported information subsequently changes or proves | 16 |
| incorrect, a funeral director or funeral director and | 17 |
| embalmer shall immediately upon learning the correct | 18 |
| information correct the Certificate of Death. | 19 |
| (37) (29) A finding by the Department that the license, | 20 |
| after having his or
her license placed on probationary | 21 |
| status or subjected to conditions or
restrictions, | 22 |
| violated the terms of the probation or failed to comply | 23 |
| with such
terms or conditions. | 24 |
| (38) (30) Violation of any final administrative action | 25 |
| of the Secretary Director . | 26 |
| (39) (31) Being named as a perpetrator in an indicated |
|
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| report by the Department
of Children and Family Services | 2 |
| pursuant to the Abused and Neglected Child
Reporting Act | 3 |
| and, upon proof by clear and convincing evidence,
being | 4 |
| found to have caused a child to be an abused child or | 5 |
| neglected child as
defined
in the Abused and Neglected | 6 |
| Child Reporting Act. | 7 |
| (c) The Department may refuse to issue or renew, or may | 8 |
| suspend, the license
of any person who fails to file a return, | 9 |
| to pay the tax, penalty or interest
shown in a filed return, or | 10 |
| to pay any final assessment of tax, penalty or
interest as | 11 |
| required by any tax Act administered by the Illinois Department | 12 |
| of
Revenue, until the time as the requirements of the tax Act | 13 |
| are satisfied. | 14 |
| (d) No action may be taken under this Code against a person | 15 |
| licensed under this Code unless the action is commenced within | 16 |
| 5 years after the occurrence of the alleged violations. A | 17 |
| continuing violation shall be deemed to have occurred on the | 18 |
| date when the circumstances last existed that give rise to the | 19 |
| alleged violation. | 20 |
| (Source: P.A. 96-863, eff. 3-1-10.) | 21 |
| (225 ILCS 41/15-77 new) | 22 |
| (Section scheduled to be repealed on January 1, 2013) | 23 |
| Sec. 15-77. Method of payment, receipt. No licensee shall | 24 |
| require payment for any goods or services by cash only. Each | 25 |
| licensee subject to this Section shall permit payment by at |
|
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| least one other option, including, but not limited to, personal | 2 |
| check, cashier's check, money order, or credit or debit card. | 3 |
| In addition to the statement of services, the licensee shall | 4 |
| provide a receipt to the consumer upon payment in part or in | 5 |
| full, whatever the case may be.
| 6 |
| (225 ILCS 41/15-85)
| 7 |
| (Section scheduled to be repealed on January 1, 2013)
| 8 |
| Sec. 15-85.
Duties of public institution; regulation by | 9 |
| local
government. No provision of this Code shall apply to, or | 10 |
| in any way interfere
with, the duties of any officer of any | 11 |
| public institution; nor with the duties
of any officer of a | 12 |
| medical college, county medical society, anatomical
| 13 |
| association, college of embalming, or any other recognized | 14 |
| person carrying out
the laws of the State of Illinois | 15 |
| prescribing the conditions under which
indigent dead human | 16 |
| bodies are held subject for scientific or anatomical study;
nor | 17 |
| with the customs or rites of any religious sect in the burial | 18 |
| of their
dead.
| 19 |
| Nothing in this Code shall have the effect of limiting the | 20 |
| power of
cities and villages to tax, license and regulate | 21 |
| funeral directors,
undertakers and undertaking establishments | 22 |
| as may be authorized from time
to time by general law.
| 23 |
| (Source: P.A. 87-966 .)
| 24 |
| (225 ILCS 41/15-91 new) |
|
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| Sec. 15-91. Denial of license. If the Department determines | 2 |
| that an application for licensure should be denied pursuant to | 3 |
| Section 15-75, then the applicant shall be sent a notice of | 4 |
| intent to deny license or exemption from licensure and the | 5 |
| applicant shall be given the opportunity to request, within 20 | 6 |
| days of the notice, a hearing on the denial. If the applicant | 7 |
| requests a hearing, then the Secretary shall schedule a hearing | 8 |
| within 30 days after the request for a hearing, unless | 9 |
| otherwise agreed to by the parties. The Secretary shall have | 10 |
| the authority to appoint an attorney duly licensed to practice | 11 |
| law in the State of Illinois to serve as the hearing officer. | 12 |
| The hearing officer shall have full authority to conduct the | 13 |
| hearing. The hearing shall be held at the time and place | 14 |
| designated by the Secretary. The Secretary shall have the | 15 |
| authority to prescribe rules for the administration of this | 16 |
| Section. | 17 |
| (225 ILCS 41/15-100 new) | 18 |
| (Section scheduled to be repealed on January 1, 2013) | 19 |
| Sec. 15-100. Conflict of interest. No investigator may hold | 20 |
| an active license issued pursuant to this Code, nor may an | 21 |
| investigator have a financial interest in a business licensed | 22 |
| under this Code. Any individual licensed under this Code who is | 23 |
| employed by the Department shall surrender his or her license | 24 |
| to the Department for the duration of that employment. The | 25 |
| licensee shall be exempt from all renewal fees while employed |
|
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| by the Department. | 2 |
| (225 ILCS 41/15-105 new) | 3 |
| (Section scheduled to be repealed on January 1, 2013) | 4 |
| Sec. 15-105. Civil Administrative Code. The Department | 5 |
| shall exercise the powers and duties prescribed by the Civil | 6 |
| Administrative Code of Illinois and shall exercise all other | 7 |
| powers and duties set forth in this Code. | 8 |
| (225 ILCS 41/15-110 new) | 9 |
| (Section scheduled to be repealed on January 1, 2013) | 10 |
| Sec. 15-110. Rules. The Department may adopt rules for the | 11 |
| administration and enforcement of this Code. The rules shall | 12 |
| include standards for licensure, professional conduct, and | 13 |
| discipline.
| 14 |
| (225 ILCS 41/20-15)
| 15 |
| (Section scheduled to be repealed on January 1, 2013)
| 16 |
| Sec. 20-15. Home rule ; mandates . The regulation and | 17 |
| licensing provided for in this Code are exclusive powers and | 18 |
| functions of the State. A home rule unit may not regulate or | 19 |
| license funeral directors, funeral director and embalmers, | 20 |
| customer service employees, or any activities relating to the | 21 |
| services of funeral directing and embalming. This Section is a | 22 |
| denial and limitation of home rule powers and functions under | 23 |
| subsection (h) of Section 6 of Article VII of the Illinois |
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| Constitution. Nothing in this Code as initially
enacted (i) is | 2 |
| a denial or limitation on home rule powers where no denial
or | 3 |
| limitation existed under prior law or (ii) creates a State | 4 |
| mandate under
the State Mandates Act where no mandate existed | 5 |
| under prior law.
| 6 |
| (Source: P.A. 87-966 .)
| 7 |
| (225 ILCS 41/Art. 12 rep.) | 8 |
| Section 10. The Funeral Directors and Embalmers Licensing | 9 |
| Code is amended by repealing Article 12.".
|
|