(225 ILCS 41/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS
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(225 ILCS 41/1-1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1-1.
Short title.
This Act may be cited as the Funeral Directors and Embalmers Licensing Code.
(Source: P.A. 87-966.)
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(225 ILCS 41/1-5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1-5. Legislative intent. The practice of funeral directing and
embalming in the State of Illinois is declared to be a practice affecting the
public health, safety and welfare and subject to regulation and control in the
public interest. It is further declared to be a matter of public interest and
concern that the preparation, care and final disposition of a deceased human body
be attended with appropriate observance and understanding, having due regard
and respect for the reverent care of the human body and for those bereaved and
the overall spiritual dignity of every person. It is further a matter of public interest
that the practice of funeral directing and embalming as defined in this Code
merit and receive the confidence of the public and that only qualified persons
be authorized to practice funeral directing and embalming in the State of
Illinois. This Code shall be liberally construed to best carry out these
subjects and purposes.
(Source: P.A. 97-1130, eff. 8-28-12.)
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(225 ILCS 41/1-10) (Text of Section before amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 1-10. Definitions. As used in this Code: "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file. "Applicant" means any person making application for a license. Any applicants or people who hold themselves out as applicants are considered licensees for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Board" means the Funeral Directors and Embalmers Licensing and
Disciplinary Board. "Certificate of Death" means a certificate of death as referenced in the Illinois Vital Records Act. "Department" means the Department of Financial and Professional Regulation. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. "Funeral director and embalmer" means a person who is
licensed and qualified to practice funeral directing and to prepare,
disinfect and preserve dead human bodies by the injection or external
application of antiseptics, disinfectants or preservative fluids and
materials and to use derma surgery or plastic art for the restoring of
mutilated features. It further means a person who restores the remains of
a person for the purpose of funeralization whose organs or bone or tissue
has been donated for anatomical purposes. "Funeral director and embalmer intern" means a person
licensed by the Department
who is qualified to render assistance to a funeral director and embalmer in
carrying out the practice of funeral directing and embalming under the
supervision of the funeral director and embalmer. "Embalming" means the process of sanitizing and chemically treating
a deceased human body in order to reduce the presence and growth of
microorganisms, to retard organic decomposition, to render the remains safe
to handle while retaining naturalness of tissue, and to restore an
acceptable physical appearance for funeral viewing purposes. "Funeral director" means a person, known by the title of "funeral
director" or other similar words or titles, licensed by the Department who
practices funeral directing. "Funeral establishment", "funeral chapel", "funeral home", or
"mortuary" means a building or separate portion of a building having a
specific street address or location and devoted to activities relating to
the shelter, care, custody and preparation of a deceased human body and
which may contain facilities for funeral or wake services. "Licensee" means a person licensed under this Code as a funeral director, funeral director and embalmer, or funeral director and embalmer intern. Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Owner" means the individual, partnership, corporation, limited liability company, association,
trust, estate, or agent thereof, or other person or combination of
persons who owns a funeral establishment or funeral business. "Person" means any individual, partnership, association, firm,
corporation, limited liability company, trust or estate, or other entity. "Person" includes both natural persons and legal entities. "Secretary" means the Secretary of Financial and Professional Regulation. (Source: P.A. 102-881, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 1-10. Definitions. As used in this Code: "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file. "Applicant" means any person making application for a license. Any applicants or people who hold themselves out as applicants are considered licensees for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Board" means the Funeral Directors and Embalmers Licensing and Disciplinary Board. "Certificate of Death" means a certificate of death as referenced in the Illinois Vital Records Act. "Chain of custody record" means a record that establishes the continuous control of a uniquely identified body, body parts, or human remains. "Department" means the Department of Financial and Professional Regulation. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. "Funeral director and embalmer" means a person who is licensed and qualified to practice funeral directing and to prepare, disinfect and preserve dead human bodies by the injection or external application of antiseptics, disinfectants or preservative fluids and materials and to use derma surgery or plastic art for the restoring of mutilated features. It further means a person who restores the remains of a person for the purpose of funeralization whose organs or bone or tissue has been donated for anatomical purposes. "Funeral director and embalmer intern" means a person licensed by the Department who is qualified to render assistance to a funeral director and embalmer in carrying out the practice of funeral directing and embalming under the supervision of the funeral director and embalmer. "Embalming" means the process of sanitizing and chemically treating a deceased human body in order to reduce the presence and growth of microorganisms, to retard organic decomposition, to render the remains safe to handle while retaining naturalness of tissue, and to restore an acceptable physical appearance for funeral viewing purposes. "Funeral director" means a person, known by the title of "funeral director" or other similar words or titles, licensed by the Department who practices funeral directing. "Funeral establishment", "funeral chapel", "funeral home", or "mortuary" means a building or separate portion of a building having a specific street address or location and devoted to activities relating to the shelter, care, custody and preparation of a deceased human body and which may contain facilities for funeral or wake services. "Licensee" means a person licensed under this Code as a funeral director, funeral director and embalmer, or funeral director and embalmer intern. Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Owner" means the individual, partnership, corporation, limited liability company, association, trust, estate, or agent thereof, or other person or combination of persons who owns a funeral establishment or funeral business. "Person" means any individual, partnership, association, firm, corporation, limited liability company, trust or estate, or other entity. "Person" includes both natural persons and legal entities. "Secretary" means the Secretary of Financial and Professional Regulation. "Uniquely identified" means providing the deceased with individualized identification. (Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25.) |
(225 ILCS 41/1-15) (Section scheduled to be repealed on January 1, 2028) Sec. 1-15. Funeral directing; definition. Conducting
or engaging in or representing or holding out oneself as
conducting or engaging in any one or any combination of the following
practices constitutes the practice of funeral directing: (a) The practice of preparing, otherwise than by | ||
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(b) The practice of operating a place for preparing | ||
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(c) The removal of a deceased human body from its | ||
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(d) The administering and conducting of, or assuming | ||
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(e) The assuming custody of, transportation, | ||
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(f) Using in connection with a name or practice the | ||
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Within the existing scope of the practice of funeral directing or funeral directing and embalming, only a licensed funeral director, a licensed funeral director and embalmer, or a licensed funeral director and embalmer intern under the restrictions provided for in this Code, and not any other person employed or contracted by the licensee, may engage in the following activities at-need: (1) have direct contact with consumers and explain funeral or burial merchandise or services or (2) negotiate, develop, or finalize contracts with consumers. This paragraph shall not be construed or enforced in such a manner as to limit the functions of persons regulated under the Illinois Funeral or Burial Funds Act, the Illinois Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery Association Act, the Illinois Insurance Code, or any other related professional regulatory Act. The practice of funeral directing shall not include the
phoning in of obituary notices, ordering of flowers for the funeral,
or reporting of prices on the firm's general price list as required
by the Federal Trade Commission Funeral Rule by nonlicensed
persons, or like
clerical tasks incidental to the act of making funeral arrangements. The making of funeral arrangements, at need, shall be done only by
licensed funeral directors or licensed funeral directors and embalmers. Licensed funeral director and embalmer interns may, however, assist or participate in the arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer. (Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/1-20) (Section scheduled to be repealed on January 1, 2028) Sec. 1-20. Funeral directing and embalming; definition. "The practice of
funeral directing and embalming" means: (a) The practice of preparing, otherwise than by | ||
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(b) The practice of operating a place for preparing | ||
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(c) The removal of a deceased human body from its | ||
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(d) The administering and conducting of, or assuming | ||
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(e) The assuming custody of, transportation, | ||
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(f) Using in connection with a name or practice the | ||
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(g) The practice of embalming or representing or | ||
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Within the existing scope of the practice of funeral directing or funeral directing and embalming, only a licensed funeral director, a licensed funeral director and embalmer, or a licensed funeral director and embalmer intern under the restrictions provided for in this Code, and not any other person employed or contracted by the licensee, may engage in the following activities at-need: (1) have direct contact with consumers and explain funeral or burial merchandise or services or (2) negotiate, develop, or finalize contracts with consumers. This paragraph shall not be construed or enforced in such a manner as to limit the functions of persons regulated under the Illinois Funeral or Burial Funds Act, the Illinois Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery Association Act, the Illinois Insurance Code, or any other related professional regulatory Act. The practice of funeral directing and embalming shall not
include the phoning in of obituary notices, ordering of flowers for the
funeral, or reporting of prices on the firm's general price list as
required by the Federal Trade Commission Funeral Rule by
nonlicensed persons,
or like clerical tasks incidental to the act of making funeral arrangements. The making of funeral arrangements, at need, shall be done only by
licensed funeral directors or licensed funeral directors and embalmers.
Licensed funeral director and embalmer interns may, however,
assist or
participate in the arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer.(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/1-30) (Section scheduled to be repealed on January 1, 2028) Sec. 1-30. Powers of the Department. Subject to the provisions of this Code, the Department may exercise the following powers: (1) To authorize examinations to ascertain the | ||
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(2) To examine the records of a licensed funeral | ||
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(3) To investigate any and all funeral directing and | ||
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(4) To conduct hearings on proceedings to refuse to | ||
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(5) To adopt all necessary and reasonable rules and | ||
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(6) To prescribe forms to be issued for the | ||
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(7) (Blank). (8) To contract with third parties for services | ||
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(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/Art. 5 heading) ARTICLE 5.
FUNERAL DIRECTORS
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(225 ILCS 41/5-5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5-5. License requirement. It is unlawful for any person to
practice, or to attempt to practice, funeral directing without a
license as a funeral director issued by the Department.
No person shall practice funeral directing unless he or she is employed by or contracted with a fixed place of practice or establishment devoted to the care and preparation for burial or for the transportation of deceased human bodies.
No person shall practice funeral directing independently at the fixed
place of practice or establishment of another licensee unless that
person's name is published and displayed at all
times in connection therewith.
(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
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(225 ILCS 41/5-7) (Section scheduled to be repealed on January 1, 2028) Sec. 5-7. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the | ||
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(2) inform the Department of any change of address | ||
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(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/5-10) (Section scheduled to be repealed on January 1, 2028) Sec. 5-10. Funeral director license; display. Every holder of a license as a funeral director shall
display it, or a copy, in a conspicuous place in the licensee's place of
practice or in the place of practice in which the licensee is
employed or contracted. If the licensee is engaged in funeral
directing at more than one place of practice, then in the licensee's principal
place of practice or the principal place of practice of
the licensee's employer and a copy of the license shall be displayed in a conspicuous place at all other places of practice. Every displayed license shall have the license number visible. (Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/5-15) (Text of Section before amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2028) Sec. 5-15. Renewal; reinstatement; restoration. The expiration date and renewal period for each
license issued under this Article shall be set by rule. The holder of a
license as a licensed funeral director may renew the license during the month
preceding the expiration date of the license by paying the required fee. A
licensed funeral director whose license has expired may have the license
reinstated within 5 years from the date of expiration upon payment of the
required reinstatement fee. The reinstatement shall be effective as of the
date of reissuance of the license. Any licensed funeral director whose license has
been expired for more than 5 years may have the license restored
only by fulfilling the requirements of the Department's rules and by
paying the required restoration fee.
However, any licensed funeral director whose license has expired while he or
she has been engaged (1) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, or
Coast Guard, or the State Militia called into the service or training of the
United States of America or (2) in training or education under the supervision
of the United States preliminary to induction into the military service may
have his or her license restored without paying any lapsed renewal fees or
restoration fee or without passing any examination if, within 2 years after
termination of the service, training or education other than by dishonorable
discharge, he or she furnishes the Department with an affidavit to the effect
that he or she has been so engaged and that his or her service, training or
education has
been so terminated. In addition to any other requirement for renewal of a license or
reinstatement or restoration of an expired license, as a condition for the renewal, reinstatement, or restoration of a
license as a licensed funeral director, each licensee shall provide
evidence to the Department of completion of at least 12 hours of continuing
education during the 24 months preceding the expiration date of
the license, or in the case of reinstatement or restoration, during the 24 months
preceding application for reinstatement or restoration. The continuing education
sponsors shall be approved by the
Board. In addition, any qualified continuing education course for funeral
directors offered by a college, university, the Illinois Funeral Directors
Association, Funeral Directors Services Association of Greater Chicago,
Cook County
Association of Funeral Home Owners, Inc., Illinois Selected Morticians
Association, Inc., Illinois Cemetery and Funeral Home Association,
National Funeral Directors
Association, Selected Independent Funeral Homes, National Funeral Directors
and Morticians Association, Inc., International Order of the Golden Rule,
or an Illinois school of mortuary science
shall be accepted toward satisfaction of the continuing
education requirements. The Department shall establish by rule a means for verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
licensees, by requiring the filing of continued education certificates
with the Department or a qualified organization selected by the Department
to maintain these records, or by other means established by the Department. Except as otherwise provided in this paragraph, a person who is licensed as a funeral director under this Code and who has
engaged in the practice of funeral directing for at least 40 years shall be
exempt from the continuing education requirements of this Section. In
addition,
the Department shall establish by rule an exemption or exception, for a limited period of time, for
funeral directors who, by reason of advanced age, health or other extreme
condition should reasonably be excused from the continuing education
requirement upon the approval of the Secretary. Those persons, identified above, who cannot attend on-site classes,
shall have the opportunity to comply by completing home study courses
designed for them by sponsors.(Source: P.A. 102-881, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2028) Sec. 5-15. Renewal; reinstatement; restoration. The expiration date and renewal period for each license issued under this Article shall be set by rule. The holder of a license as a licensed funeral director may renew the license during the month preceding the expiration date of the license by paying the required fee. A licensed funeral director whose license has expired may have the license reinstated within 5 years from the date of expiration upon payment of the required reinstatement fee. The reinstatement shall be effective as of the date of reissuance of the license. Any licensed funeral director whose license has been expired for more than 5 years may have the license restored only by fulfilling the requirements of the Department's rules and by paying the required restoration fee. However, any licensed funeral director whose license has expired while he or she has been engaged (1) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license restored without paying any lapsed renewal fees or restoration fee or without passing any examination if, within 2 years after termination of the service, training or education other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training or education has been so terminated. In addition to any other requirement for renewal of a license or reinstatement or restoration of an expired license, as a condition for the renewal, reinstatement, or restoration of a license as a licensed funeral director, each licensee shall provide evidence to the Department of completion of at least 12 hours of continuing education during the 24 months preceding the expiration date of the license, or in the case of reinstatement or restoration, during the 24 months preceding application for reinstatement or restoration. The continuing education sponsors shall be approved by the Board. In addition, any qualified continuing education course for funeral directors offered by a college, university, the Illinois Funeral Directors Association, Funeral Directors Services Association of Greater Chicago, Cook County Association of Funeral Home Owners, Inc., Illinois Selected Morticians Association, Inc., Illinois Cemetery and Funeral Home Association, National Funeral Directors Association, Selected Independent Funeral Homes, National Funeral Directors and Morticians Association, Inc., International Order of the Golden Rule, or an Illinois school of mortuary science shall be accepted toward satisfaction of the continuing education requirements. The Department shall establish by rule a means for verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continued education certificates with the Department or a qualified organization selected by the Department to maintain these records, or by other means established by the Department. Except as otherwise provided in this paragraph, a person who is licensed as a funeral director under this Code and who has engaged in the practice of funeral directing for at least 40 years shall be exempt from the continuing education requirements of this Section. In addition, the Department shall establish by rule an exemption or exception, for a limited period of time, for funeral directors who, by reason of advanced age, health or other extreme condition should reasonably be excused from the continuing education requirement upon the approval of the Secretary. Those persons, identified above, who cannot attend on-site classes, shall have the opportunity to comply by completing home study courses designed for them by sponsors.(Source: P.A. 102-881, eff. 1-1-23; 103-746, eff. 1-1-25.) |
(225 ILCS 41/5-18) (Section scheduled to be repealed on January 1, 2028) Sec. 5-18. Inactive status. (a) Any funeral director who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore or reinstate the license to active status. (b) Any licensee who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department, by filing proof acceptable to the Department of his or her fitness to have the license restored, and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction. If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall determine the licensee's fitness to resume active status and may require successful completion of a practical examination or any other method it deems appropriate, including, but not limited to, those established by rule. Any licensee whose license is on inactive status shall not practice in the State. (c) Any licensee whose license is on inactive status or in a non-renewed status shall not engage in the practice of funeral directing in the State or use the title or advertise that he or she performs the services of a licensed funeral director. Any person violating this Section shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of this Code.
(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/5-20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5-20. Disposition of unclaimed cremated remains. The holder of a license is
authorized at his or her discretion to effect a final disposition of the unclaimed cremated remains
of any cremated human body if no person lawfully entitled to the
custody of the remains makes or has made a proper request for them within 60 days of the date of death of the person whose body was cremated.
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/5-25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5-25.
Prohibition of new licenses.
The Department shall not issue any
new licenses as funeral directors or funeral director trainees. Any person
issued a license as a funeral director before June 1, 1991 may renew the
license after that date under the provisions of this Article and that person
may continue to renew or restore the license during his or her lifetime,
subject only to the renewal or restoration requirements for the license under
this Code.
(Source: P.A. 93-268, eff. 1-1-04.)
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(225 ILCS 41/Art. 10 heading) ARTICLE 10.
FUNERAL DIRECTORS AND EMBALMERS
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(225 ILCS 41/10-5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10-5. License requirement. It is unlawful for any person to
practice or attempt to practice funeral directing and embalming without
being licensed by the Department.
No person shall practice funeral directing and embalming unless he or she is employed by or contracted with a fixed place of practice or establishment devoted to the care and preparation for burial or for the transportation of deceased human bodies.
No person shall practice funeral directing and embalming independently at
the fixed place of practice or establishment of another licensee unless his
or her name shall be published and displayed at all times in connection
therewith.
No licensed intern shall independently practice funeral
directing and
embalming; however, a licensed funeral director and embalmer intern may under
the immediate personal supervision of a licensed funeral
director and
embalmer assist a licensed funeral director and embalmer in the practice of
funeral directing and embalming.
No person shall practice as a funeral director and embalmer
intern unless he or she possesses a valid license in good
standing to do
so in the State of Illinois.
(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
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(225 ILCS 41/10-7) (Section scheduled to be repealed on January 1, 2028) Sec. 10-7. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to | ||
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(2) inform the Department of any change of address | ||
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(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/10-10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10-10.
License qualifications.
A person who
meets all of the following requirements is qualified to receive a
license as a funeral director and embalmer:
(a) Is at least 18 years of age.
(b) Has successfully completed one academic year in a
college or university and has successfully completed a course of
instruction of at least one year duration in a professional school or
college teaching the practice of funeral directing and embalming
that is recognized and approved by the Department.
(c) Has studied funeral directing and embalming in this State under
a funeral director and embalmer, licensed under this Code or any
prior Act, for at least one year. Nevertheless, no credit shall be
given for the study of funeral directing and
embalming in this State as an intern unless the applicant
during the
period of study was a licensed funeral director and embalmer intern.
(d) Is satisfactorily versed in approved measures used
by the practice for the prevention and against the spread of disease and
has the skills reasonably involved, and is adequately and properly
protected against communicable diseases by means usually adopted and
approved by medical science.
(e) Has passed an examination developed
or acquired by the Department and conducted by the Department or its
designee to determine the fitness of an applicant to receive a license
as a licensed funeral director and embalmer.
(Source: P.A. 93-268, eff. 1-1-04.)
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(225 ILCS 41/10-15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10-15.
Intern license qualifications.
A
person who meets all of the following requirements is qualified to
receive a license as a licensed funeral director and embalmer intern:
(a) Is at least 18 years of age.
(b) Has successfully completed one academic year in a college or
university and has successfully completed a course of instruction of at
least one year duration in a professional school or college teaching the
practice of funeral directing and embalming that is recognized
and approved by the Department.
(c) Has been accepted for internship in funeral directing
and embalming by an Illinois licensed funeral director and embalmer.
(d) Is satisfactorily versed in approved measures used by the
profession for the prevention and against the spread of disease and has the
skills reasonably involved, and is adequately protected against
communicable diseases by means usually adopted by medical science.
(Source: P.A. 93-268, eff. 1-1-04.)
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(225 ILCS 41/10-20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10-20. Application. Every person who desires to obtain a license under
this Code shall apply to the Department in writing on forms or electronically as prescribed by the Department. The application shall contain proof of the
particular qualifications required of the applicant, shall be certified by the
applicant, and shall be accompanied by the required fee that shall not be refundable. Applicants have 3 years after the date of application to complete the application process. If the process has not been completed in 3 years, then the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/10-22)
Sec. 10-22. (Repealed).
(Source: P.A. 97-400, eff. 1-1-12. Repealed by P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/10-25) (Text of Section before amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 10-25. Examinations. The Department shall authorize and hold
examinations of applicants for licenses as licensed funeral directors and
embalmers. The examination may include both practical demonstrations and
written and oral tests and shall embrace the subjects of anatomy, sanitary
science, health regulations in relation to the handling of deceased human
bodies, measures used by funeral directors and embalmers for the prevention of
the spread of diseases, the care, preservation, embalming, transportation, and
burial of dead human bodies, and other subjects relating to the care and
handling of deceased human bodies as set forth in this Article and as the
Department by rule may prescribe. Whenever the Secretary is not satisfied that substantial justice has been
done in an examination, the Secretary may order a reexamination. If an applicant neglects, fails without an approved excuse or refuses
to take the next available examination offered for licensure under this
Code, the fee paid by the applicant shall be forfeited to the Department and
the application denied. If an applicant fails to pass an examination for
licensure under this Code within 3 years after filing an application, the
application shall be denied. However, the applicant may
thereafter make a new application for examination which shall be
accompanied by the required fee.(Source: P.A. 96-1463, eff. 1-1-11.) (Text of Section after amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 10-25. Examinations. The Department shall authorize and hold examinations of applicants for licenses as licensed funeral directors and embalmers. The examination may include both practical demonstrations and written and oral tests and shall embrace the subjects of anatomy, sanitary science, health regulations in relation to the handling of deceased human bodies, identification rules and regulation in relation to the handling and storing of human bodies, measures used by funeral directors and embalmers for the prevention of the spread of diseases, the care, preservation, embalming, transportation, and burial of dead human bodies, and other subjects relating to the care and handling of deceased human bodies as set forth in this Article and as the Department by rule may prescribe. Whenever the Secretary is not satisfied that substantial justice has been done in an examination, the Secretary may order a reexamination. If an applicant neglects, fails without an approved excuse or refuses to take the next available examination offered for licensure under this Code, the fee paid by the applicant shall be forfeited to the Department and the application denied. If an applicant fails to pass an examination for licensure under this Code within 3 years after filing an application, the application shall be denied. However, the applicant may thereafter make a new application for examination which shall be accompanied by the required fee.(Source: P.A. 103-907, eff. 1-1-25.) |
(225 ILCS 41/10-30) (Section scheduled to be repealed on January 1, 2028) Sec. 10-30. Issuance, display of license. Whenever an applicant has met the
requirements of this Code, the Department may issue to the applicant a
license as a licensed funeral director and embalmer or licensed funeral
director and embalmer intern, as the case may be. Every holder of a license shall display it in a conspicuous place in the
licensee's place of practice or in the place of practice in which the
licensee is employed or contracted. If the licensee is engaged in funeral
directing and embalming at more than one place of practice, then the
license shall be displayed in the licensee's principal place of practice
or the principal place of practice of the licensee's employer and a copy of the license shall be displayed in a conspicuous place at all other places of practice. Every displayed license shall have the license number visible. (Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/10-35) (Text of Section before amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2028) Sec. 10-35. Renewal; reinstatement; restoration. The
expiration date and renewal period for each license issued under this Article
shall be set by rule. The holder of a license as a licensed funeral director
and embalmer or funeral director and embalmer intern may renew
the license
during the month preceding the expiration date of the license by paying the
required fee. A licensed funeral director and embalmer or licensed funeral
director and embalmer trainee whose license has expired may have the license
reinstated within 5 years from the date of expiration upon payment of the
required reinstatement fee and fulfilling the requirements of the Department's
rules. The reinstatement of the license is effective as of the date of the
reissuance of the license. Any licensed funeral director and embalmer whose license has been expired
for more than 5 years may have the license restored only by fulfilling the
requirements set forth in the Department's rules and by paying the required
restoration fee. However, any licensed funeral director and embalmer or
licensed funeral director and embalmer intern whose license has
expired while
he or she has been engaged (1) in federal service on active duty with the United States Army,
Navy, Marine Corps, Air Force,
or Coast Guard, or the State Militia called into the service or training of
the United States of America or (2) in training or education under the
supervision of the United States preliminary to induction into the military
service, may have his or her license restored without paying
any lapsed renewal fees or
restoration fee or without passing any examination if, within 2 years after
termination of the service, training or education other than by dishonorable
discharge, he or she furnishes the Department with an
affidavit to the
effect that he or she has been so engaged and that his or her service, training
or education has been so terminated. No license of a funeral director and embalmer intern shall be
renewed more
than twice. In addition to any other requirement for renewal of a license or
reinstatement or restoration of an expired license, as a condition for the renewal,
reinstatement, or restoration of a license as a licensed funeral director and embalmer, each
licensee shall provide evidence to the Department of completion of at least 24
hours of continuing education during the 24 months preceding the expiration
date of the license, or in the case of reinstatement or restoration, within the 24 months
preceding the application for reinstatement or restoration. The continuing education sponsors
shall be approved by the Board. In addition, any qualified continuing
education course for funeral directors and embalmers offered by a college,
university, the Illinois Funeral Directors Association, Funeral Directors
Services Association of Greater Chicago, Cook County Association of
Funeral Home Owners, Inc., Illinois Selected Morticians
Associations, Inc., Illinois Cemetery and Funeral Home Association,
National Funeral Directors Association,
Selected Independent Funeral Homes, National Funeral
Directors and Morticians Association, Inc., International Order of the
Golden Rule, or an Illinois school of mortuary
science shall be accepted toward satisfaction of the continuing
education requirements. The Department shall establish by rule a means for verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
licensees, by requiring the filing of continued education certificates
with the Department or a qualified organization selected by the Department
to maintain the records, or by other means established by the Department. Except as otherwise provided in this paragraph, a person who is licensed as a funeral director and embalmer under this Code
and who has engaged in the practice of funeral directing and embalming for
at least 40
years shall be exempt from the continuing education requirements of this
Section. In addition,
the Department shall establish by rule an exemption or exception, for a limited period of time, for
funeral directors and embalmers who, by reason of advanced age, health or
other extreme condition, should reasonably be excused from the continuing
education requirement upon the approval of the Secretary. Those persons, identified above, who cannot attend
on-site classes, shall have the opportunity to comply by completing home
study courses designed for them by sponsors.(Source: P.A. 103-419, eff. 8-4-23.) (Text of Section after amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2028) Sec. 10-35. Renewal; reinstatement; restoration. The expiration date and renewal period for each license issued under this Article shall be set by rule. The holder of a license as a licensed funeral director and embalmer or funeral director and embalmer intern may renew the license during the month preceding the expiration date of the license by paying the required fee. A licensed funeral director and embalmer or licensed funeral director and embalmer trainee whose license has expired may have the license reinstated within 5 years from the date of expiration upon payment of the required reinstatement fee and fulfilling the requirements of the Department's rules. The reinstatement of the license is effective as of the date of the reissuance of the license. Any licensed funeral director and embalmer whose license has been expired for more than 5 years may have the license restored only by fulfilling the requirements set forth in the Department's rules and by paying the required restoration fee. However, any licensed funeral director and embalmer or licensed funeral director and embalmer intern whose license has expired while he or she has been engaged (1) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees or restoration fee or without passing any examination if, within 2 years after termination of the service, training or education other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training or education has been so terminated. No license of a funeral director and embalmer intern shall be renewed more than twice. In addition to any other requirement for renewal of a license or reinstatement or restoration of an expired license, as a condition for the renewal, reinstatement, or restoration of a license as a licensed funeral director and embalmer, each licensee shall provide evidence to the Department of completion of at least 24 hours of continuing education during the 24 months preceding the expiration date of the license, or in the case of reinstatement or restoration, within the 24 months preceding the application for reinstatement or restoration. The continuing education sponsors shall be approved by the Board. In addition, any qualified continuing education course for funeral directors and embalmers offered by a college, university, the Illinois Funeral Directors Association, Funeral Directors Services Association of Greater Chicago, Cook County Association of Funeral Home Owners, Inc., Illinois Selected Morticians Associations, Inc., Illinois Cemetery and Funeral Home Association, National Funeral Directors Association, Selected Independent Funeral Homes, National Funeral Directors and Morticians Association, Inc., International Order of the Golden Rule, or an Illinois school of mortuary science shall be accepted toward satisfaction of the continuing education requirements. The Department shall establish by rule a means for verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continued education certificates with the Department or a qualified organization selected by the Department to maintain the records, or by other means established by the Department. Except as otherwise provided in this paragraph, a person who is licensed as a funeral director and embalmer under this Code and who has engaged in the practice of funeral directing and embalming for at least 40 years shall be exempt from the continuing education requirements of this Section. In addition, the Department shall establish by rule an exemption or exception, for a limited period of time, for funeral directors and embalmers who, by reason of advanced age, health or other extreme condition, should reasonably be excused from the continuing education requirement upon the approval of the Secretary. Those persons, identified above, who cannot attend on-site classes, shall have the opportunity to comply by completing home study courses designed for them by sponsors.(Source: P.A. 103-419, eff. 8-4-23; 103-746, eff. 1-1-25.) |
(225 ILCS 41/10-38) (Section scheduled to be repealed on January 1, 2028) Sec. 10-38. Inactive status. (a) Any funeral director and embalmer who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore or reinstate the license to active status. (b) While on inactive status, the licensee shall only be required to pay a single fee, established by the Department, to have the license placed on inactive status. Any licensee who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department, by filing proof acceptable to the Department of his or her fitness to have the license restored, and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction. If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall determine by an evaluation program, established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for restoration. (c) Any licensee whose license is on inactive status or in a non-renewed status shall not engage in the practice of funeral directing and embalming in the State or use the title or advertise that he or she performs the services of a licensed funeral director and embalmer. Any person violating this Section shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of this Code.
(Source: P.A. 97-1130, eff. 8-28-12.) |
(225 ILCS 41/10-40)
Sec. 10-40. (Repealed).
(Source: P.A. 89-387, eff. 8-20-95. Repealed by P.A. 97-1130, eff. 8-28-12.)
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(225 ILCS 41/10-43) (Section scheduled to be repealed on January 1, 2028) Sec. 10-43. Endorsement. The Department may issue a funeral director and embalmer license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of Columbia, if (i) the licensing requirements of that licensing authority are, on the date of licensure, substantially equivalent to the requirements set forth under this Code and (ii) the applicant provides the Department with evidence of good standing from the licensing authority of that jurisdiction. An applicant under this Section shall pay all of the required fees.
(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/10-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10-45.
Unclaimed cremated remains.
A licensee is authorized at his or
her discretion to effect a final disposition of the cremated remains of any
cremated human body, provided no person lawfully entitled to the custody of the
cremated remains makes or has made a proper request for them within one year
after the date of death of the person whose body was cremated.
(Source: P.A. 87-966.)
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(225 ILCS 41/Art. 12 heading) ARTICLE 12. CUSTOMER SERVICE EMPLOYEES
(Repealed)(Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 96-1463, eff. 1-1-11.)
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(225 ILCS 41/Art. 15 heading) ARTICLE 15.
ADMINISTRATION AND ENFORCEMENT
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(225 ILCS 41/15-5) (from Ch. 111, par. 2825) (Section scheduled to be repealed on January 1, 2028) Sec. 15-5. Funeral Directors and Embalmers Licensing and
Disciplinary Board. A Funeral Directors and Embalmers
Licensing and Disciplinary Board is created and shall
consist of 7 persons, 6 of whom are licensed to
practice funeral directing and embalming in this State, and one who is a
knowledgeable public member. Each member shall be appointed by the Secretary. The persons so appointed shall hold their
offices for 4 years and until qualified successors are appointed. All vacancies
occurring shall be filled by the Secretary for the unexpired portion of the term
rendered vacant. No member shall be eligible to serve for more than 2 full
consecutive terms. The Secretary may remove or suspend any member of the Board for cause at any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause. The Board shall annually select a chairman from its membership.
The members of the Board shall be reimbursed for all legitimate and necessary
expenses incurred in attending meetings of the Board. The Board may meet
as often as necessary to perform its duties under this Code, and shall meet
at least once a year in Springfield, Illinois. Four members of the Board shall constitute a quorum. A quorum is required for all Board decisions. The Department shall consider the recommendation of the Board in the development of proposed rules under this Code. Notice of any proposed rulemaking under this Code shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations relating to that rulemaking. The Department shall seek the advice and recommendations of the Board in
connection with any rulemaking or disciplinary actions relating to funeral director and embalmers and funeral director and embalmer interns, including applications
for restoration of revoked licenses. Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-10) (Section scheduled to be repealed on January 1, 2028) Sec. 15-10. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated into this Code as if
all of the provisions of that Act were included in this Code, except that the
provision of subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has the right to show
compliance with all lawful requirements for retention, continuation or renewal
of the license is specifically excluded. For the purposes of this Code the
notice required under Section 10-25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed to the address of record or when emailed to the email address of record. (Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-15) (Text of Section before amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 15-15. Complaints; investigations; hearings. The Department may investigate the actions of any applicant or of any person or persons rendering or offering to render services or any person holding or claiming to hold a license under this Code. The Department shall, before refusing to issue or renew a license or seeking to discipline a licensee under Section 15-75, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the applicant or licensee that failure to answer shall result in a default being entered against the applicant or licensee. At the time and place fixed in the notice, the Board or the hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Board or hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Code. The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's address of record. (Source: P.A. 102-881, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 15-15. Complaints; investigations; hearings. The Department may investigate the actions of any applicant or of any person or persons rendering or offering to render services or any person holding or claiming to hold a license under this Code. When the Department receives a complaint against a licensee regarding violations of this Act, the Department shall inspect the premises of the licensee. When the Department receives a complaint against a licensee relating to the mishandling of human remains or the misidentification of human remains, the Department shall inspect the premises named in the complaint within 10 business days after receipt of the complaint. The Department shall, before refusing to issue or renew a license or seeking to discipline a licensee under Section 15-75, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the applicant or licensee that failure to answer shall result in a default being entered against the applicant or licensee. At the time and place fixed in the notice, the Board or the hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Board or hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Code. The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's address of record. (Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25.) |
(225 ILCS 41/15-16) (Section scheduled to be repealed on January 1, 2028) Sec. 15-16. Appointment of a hearing officer. The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee. The hearing officer has full authority to conduct the hearing.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-17) Sec. 15-17. (Repealed).
(Source: P.A. 96-1463, eff. 1-1-11. Repealed by P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-18) (Section scheduled to be repealed on January 1, 2028) Sec. 15-18. Temporary suspension. The Secretary may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing provided in Section 15-15 of this Code, if the Secretary finds that the public interest, safety, or welfare requires such emergency action. In the event that the Secretary temporarily suspends a license without a hearing before the Board or a duly appointed hearing officer, a hearing shall be held within 30 days after the suspension has occurred. The suspended licensee may seek a continuance of the hearing, during which time the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30 days after the date of the suspension, unless continued at the request of the suspended licensee, then the licensee's license shall be automatically reinstated.
(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-19) (Section scheduled to be repealed on January 1, 2028) Sec. 15-19. Consent to Administrative Supervision order. In appropriate cases, the Department may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order. A licensee subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee in good standing. This order shall not be reported or considered by the Department to be a discipline of the licensee. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.
(Source: P.A. 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-20) (Section scheduled to be repealed on January 1, 2028) Sec. 15-20. Transcript; record of proceedings. (a) The
Department, at its expense, shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing of any case in which a licensee may be revoked, suspended, placed on probationary status, reprimanded, fined, or subjected to other disciplinary action with reference to the license when a disciplinary action is authorized under this Act and rules. The notice of hearing, complaint, and all other documents in the nature of pleadings and written portions filed in the proceedings, the transcript of the testimony, the report of the hearing officer, and the orders of the Department shall be the records of the proceedings. The record may be made available to any person interested in the hearing upon payment of the fee required by Section 2105-115 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (b) The Department may contract for court reporting services, and, if it does so, the Department shall provide the name and contact information for the certified shorthand reporter who transcribed the testimony at a hearing to any person interested, who may obtain a copy of the transcript of any proceedings at a hearing upon payment of the fee specified by the certified shorthand reporter. (Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-21) (Section scheduled to be repealed on January 1, 2028) Sec. 15-21. Findings and recommendations.
At the conclusion of the hearing, the Board or hearing officer shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding of whether or not the accused person violated this Code or its rules or failed to comply with the conditions required in this Code or its rules. The Board shall specify the nature of any violations or failure to comply and shall make its recommendations to the Secretary. In making recommendations for any disciplinary action, the Board may take into consideration all facts and circumstances including, but not limited to: the seriousness of the offenses; the presence of multiple offenses; prior disciplinary history or the lack thereof, including actions taken by other agencies in this State, by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, or professional liability insurance companies or any of the armed forces of the United States or any state; the impact of the offenses on any injured party; the vulnerability of any injured party, including, but not limited to, consideration of the injured party's age, disability, or mental illness; motive for the offense; contrition or lack thereof for the offense; financial gain as a result of committing the offenses; cooperation or lack thereof with the Department or other investigative authorities; restitution to injured parties; whether the conduct was self-reported; and any voluntary remedial actions taken. In making its recommendations for discipline, the Board shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation. The report of findings of fact, conclusions of law, and recommendation of the Board or hearing officer shall be the basis for the Secretary's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee. If the Secretary disagrees with the recommendations of the Board or hearing officer, the Secretary may issue an order in contravention of the Board or hearing officer's recommendations. The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Code, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Code.
(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-22) (Section scheduled to be repealed on January 1, 2028) Sec. 15-22. Rehearing. At the conclusion of the hearing, a copy of the Board or hearing officer's report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Code for the service of a notice of hearing. Within 20 days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with the recommendations of the Board or hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee. If the Secretary believes that substantial justice has not been done in the revocation, suspension, or refusal to issue, restore, or renew a license, or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other hearing officers.
(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-25. Subpoenas; oaths; attendance of witnesses. (a) The Department may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. (b) The Secretary, the hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing that the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Code. (c) Any circuit court, upon application of
the applicant, licensee or the Department, may order
the attendance and testimony of witnesses and the production of relevant documents, files, books, records, and papers in connection with any hearing or investigation. The
court may compel compliance with its order by proceedings for
contempt of court.
(Source: P.A. 97-1130, eff. 8-28-12.)
|
(225 ILCS 41/15-30)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-30. Unlicensed practice; violations; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds one's self out as a funeral director or a funeral director and embalmer or a funeral director and embalmer intern as provided in this Code without being licensed or exempt under this Code shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with Section 15-75. (b) The Department may investigate any actual, alleged, or suspected unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (d) A person or entity not licensed under this Code who has violated any provision of this Code or its rules is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for a second and subsequent offenses.
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/15-35)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-35. Administrative Review Law. (a) All final administrative decisions of
the Department shall be subject to judicial review under the Administrative
Review Law and its rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, then the venue shall be in Sangamon County. (Source: P.A. 96-1463, eff. 1-1-11.)
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(225 ILCS 41/15-40)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-40. Certification of record; receipt. The Department shall not be
required to certify any record to the court, to file an answer in court, or
otherwise to appear in any court in a judicial review proceeding unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.
Failure on the part of the Plaintiff
to file a receipt in court is grounds for dismissal of the action.
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/15-41) (Section scheduled to be repealed on January 1, 2028) Sec. 15-41. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, is prima facie proof that: (1) the signature is the genuine signature of the | ||
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(2) the Secretary is duly appointed and qualified; and
(3) the Board and the members of the Board are | ||
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(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-45. Practice without license; injunction; cease and desist order;
civil penalties. (a) The practice of funeral
directing and embalming or funeral directing by any person who has not been
issued a license by the Department, whose license has been suspended or
revoked, or whose license has not been renewed is hereby declared to be
inimical to the public welfare and to constitute a public nuisance. The Secretary
may, in the name of the People of the State
of Illinois through the Attorney General of the State of Illinois, or the
State's Attorney of any county in which the violation is alleged to have occurred in the State of Illinois, apply for an
injunction in the circuit court to enjoin any person who has not been issued a
license or whose license has been suspended or revoked, or whose license has
not been renewed, from practicing funeral directing and embalming or funeral
directing. Upon the filing of a verified complaint in court, the court, if
satisfied by affidavit or otherwise that the person is or has
been practicing funeral directing and embalming or funeral directing without
having been issued a license or after his or her license has been suspended,
revoked, or not renewed, may issue a temporary restraining order or preliminary
injunction, without notice or bond, enjoining the defendant from further
practicing funeral directing and embalming or funeral directing. A copy of the
verified complaint shall be served upon the defendant and the proceedings shall
thereafter be conducted as in other civil cases. If it is established that the
defendant has been or is practicing funeral directing and embalming or funeral
directing without having been issued a license or has been or is practicing
funeral directing and embalming or funeral directing after his or her license
has been suspended, revoked, or not renewed, the court may enter a judgment
perpetually enjoining the defendant from further practicing funeral directing
and embalming or funeral directing. In case of violation of any injunction
entered under this Section, the court may summarily try and punish the offender
for contempt of court. Any injunction proceeding shall be in addition to, and
not in lieu of, all penalties and other remedies in this Code.
(b) Whenever, in the opinion of the Department, any person or other entity
violates any provision of this Code, the Department may issue a notice to show
cause why an order to cease and desist should not be entered against that
person or other entity. The rule shall clearly set forth the grounds relied
upon
by the Department and shall provide a period of 7 days from the date of the
rule to file an answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to cease and desist
to be issued immediately.
(c) (Blank).
(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1130, eff. 8-28-12.)
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(225 ILCS 41/15-46) (Section scheduled to be repealed on January 1, 2028) Sec. 15-46. Civil penalties; civil action.
(a) In addition to any other penalty provided by law, any person, sole
proprietorship, professional service corporation, limited liability company,
partnership, or other entity that violates Section 1-15 or 1-20 of this Code
shall forfeit and pay to the General Professions Dedicated Fund a civil penalty
in an amount determined by the Department not to exceed $10,000 for each violation. The penalty shall be assessed in proceedings as provided in Sections
15-10 through 15-41 of this Code.
(b) In addition to the other penalties and remedies provided in this Code, the Department may bring a civil action in the county in which the funeral establishment is located against a licensee or any other person to enjoin any violation or threatened violation of this Code.
(c) Unless the amount of the penalty is paid within 60 days after the
order becomes final, the order shall constitute a judgment and shall be filed
and execution issued thereon in the same manner as the judgment of a court of
record.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-50) (Section scheduled to be repealed on January 1, 2028) Sec. 15-50. Practice by corporation, limited liability company, partnership, or association. No
corporation, limited liability company, partnership or association of individuals, as such, shall be
issued a license as a licensed funeral director and embalmer or licensed
funeral director, nor shall any corporation, limited liability company, partnership, firm or association
of individuals, or any individual connected therewith, publicly advertise any
corporation, partnership, or association of individuals as being licensed
funeral directors and embalmers or licensed funeral directors. Nevertheless,
nothing in this Act shall restrict funeral director licensees or funeral director and embalmer licensees from forming professional service
corporations under the Professional Service Corporation Act or from having
these corporations registered for the practice of funeral directing. No funeral director licensee or funeral director and embalmer licensee, and no partnership or association of those licensees, formed
since July 1, 1935, shall engage in the practice of funeral directing
and embalming or funeral directing under a trade name or
partnership or firm name unless in the use and advertising of the trade
name, partnership or firm name there is published in connection with the
advertising the name of the owner or owners as the owner or owners.(Source: P.A. 96-863, eff. 3-1-10; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-55. Preparation room. The Department shall require that each fixed
place of practice or establishment devoted to the care and preparation for
burial or for transportation of deceased human bodies maintain a preparation
room properly equipped with necessary drainage and ventilation facilities and
containing instruments and supplies necessary for the preparation and embalming
of deceased human bodies for burial or transportation.
Branch operations of main funeral businesses having a preparation room and
located in the State of Illinois are exempt from the requirements of this
Section. The Department may adopt rules for all preparation room equipment and facility requirements with the consultation of the Board.
(Source: P.A. 96-1463, eff. 1-1-11.)
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(225 ILCS 41/15-56) (This Section may contain text from a Public Act with a delayed effective date) (Section scheduled to be repealed on January 1, 2028) Sec. 15-56. Chain of custody record. The Department shall require a funeral establishment to maintain an identification system that ensures that a funeral establishment is able to identify the human remains in its possession through final disposition.(Source: P.A. 103-907, eff. 1-1-25.) |
(225 ILCS 41/15-60) (Section scheduled to be repealed on January 1, 2028) Sec. 15-60. Determination of life. Every funeral director licensee or funeral director and embalmer licensee under this Code before
proceeding to prepare or embalm a human body to cremate or bury shall determine
that life is extinct by ascertaining that: (a) pulsation has entirely ceased in the radial or other arteries; and (b) heart or respiratory sounds are not audible with the use of a
stethoscope or with the ear applied directly over the heart.(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 41/15-65)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-65. Fees. The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Code, including but not
limited to, original licensure, renewal, and restoration. The fees shall be
nonrefundable.
All fees, fines, and penalties collected under this Code shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the Department
for the ordinary and contingent expenses of the Department.
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/15-70)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-70. Returned checks; fines. Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this
Section are in addition
to any other discipline provided under this Code for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the Secretary
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
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(225 ILCS 41/15-71)
Sec. 15-71. (Repealed).
(Source: P.A. 88-683, eff. 1-24-95. Repealed by P.A. 97-1130, eff. 8-28-12.)
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(225 ILCS 41/15-72) Sec. 15-72. Applicant convictions. (a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of funeral directing and embalming. (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of funeral directing and embalming: (1) first degree murder; (2) second degree murder; (3) drug induced homicide; (4) unlawful restraint; (5) aggravated unlawful restraint; (6) forcible detention; (7) involuntary servitude; (8) involuntary sexual servitude of a minor; (9) predatory criminal sexual assault of a child; (10) aggravated criminal sexual assault; (11) criminal sexual assault; (12) criminal sexual abuse; (13) aggravated kidnaping; (14) aggravated robbery; (15) armed robbery; (16) kidnapping; (17) aggravated battery; (18) aggravated vehicular hijacking; (19) terrorism; (20) causing a catastrophe; (21) possession of a deadly substance; (22) making a terrorist threat; (23) material support for terrorism; (24) hindering prosecution of terrorism; (25) armed violence; (26) any felony based on consumer fraud or deceptive | ||
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(27) any felony requiring registration as a sex | ||
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(28) attempt of any the offenses set forth in | ||
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(29) convictions set forth in Section 15-75 of this | ||
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(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following: (1) the bearing, if any, the criminal offense or | ||
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(2) the time that has elapsed since the criminal | ||
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(3) the age of the person at the time of the criminal | ||
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(d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following: (1) the number of initial applicants for a license | ||
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(2) the number of initial applicants for a license | ||
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(3) the number of applicants with a conviction who | ||
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(4) the number of applicants denied a license under | ||
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(5) the number of applicants denied a license under | ||
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(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (b) of Section 15-175 of this Code.
(Source: P.A. 99-876, eff. 1-1-17.) |
(225 ILCS 41/15-75) (Text of Section before amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 15-75. Grounds for discipline; penalties. (a) (Blank). (b) The Department may refuse to issue or renew, revoke, suspend, place on probation or administrative supervision, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 for each violation, with regard to any license under the Code for any one or combination of the following: (1) Fraud or any misrepresentation in applying for or | ||
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(2) For licenses, conviction by plea of guilty or | ||
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(3) Violation of the laws of this State relating to | ||
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(4) Directly or indirectly paying or causing to be | ||
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(5) Professional incompetence, gross negligence, | ||
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(6) (Blank). (7) Engaging in, promoting, selling, or issuing | ||
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(8) Refusing, without cause, to surrender the custody | ||
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(9) Taking undue advantage of a client or clients as | ||
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(10) Engaging in funeral directing and embalming or | ||
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(11) Encouraging, requesting, or suggesting by a | ||
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(12) Making or causing to be made any false or | ||
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(13) (Blank). (14) Embalming or attempting to embalm a deceased | ||
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(15) Making a false statement on a Certificate of | ||
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(16) Soliciting human bodies after death or while | ||
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(17) Performing any act or practice that is a | ||
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(18) Performing any act or practice that is a | ||
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(19) Engaging in dishonorable, unethical, or | ||
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(20) Taking possession of a dead human body without | ||
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(21) Advertising in a false or misleading manner or | ||
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(22) Charging for professional services not rendered, | ||
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(23) Failing to account for or remit any monies, | ||
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(24) Treating any person differently to his detriment | ||
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(25) Knowingly making any false statements, oral or | ||
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(26) Willfully making or filing false records or | ||
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(27) Failing to acquire continuing education required | ||
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(28) (Blank). (29) Aiding or assisting another person in violating | ||
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(30) Failing within 10 days, to provide information | ||
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(31) Discipline by another state, District of | ||
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(32) (Blank). (33) Mental illness or disability which results in | ||
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(34) Gross, willful, or continued overcharging for | ||
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(35) Physical illness, including, but not limited to, | ||
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(36) Failing to comply with any of the following | ||
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(A) When reasonably possible, a funeral director | ||
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(B) A licensee shall clearly mark the price of | ||
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(C) At the time funeral arrangements are made and | ||
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(D) In all instances where the place of final | ||
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(E) A funeral director or funeral director and | ||
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(37) A finding by the Department that the licensee, | ||
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(38) (Blank). (39) Being named as a perpetrator in an indicated | ||
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(40) Habitual or excessive use or abuse of drugs | ||
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(41) Practicing under a false or, except as provided | ||
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(42) Cheating on or attempting to subvert the | ||
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(c) The Department may refuse to issue or renew or may suspend without a hearing, as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the license
of any person who fails to file a return, to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of tax, penalty or
interest as required by any tax Act administered by the Illinois Department of
Revenue, until the time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (d) No action may be taken under this Code against a person licensed under this Code unless the action is commenced within 5 years after the occurrence of the alleged violations. A continuing violation shall be deemed to have occurred on the date when the circumstances last existed that give rise to the alleged violation. (e) Nothing in this Section shall be construed or enforced to give a funeral director and embalmer, or his or her designees, authority over the operation of a cemetery or over cemetery employees. Nothing in this Section shall be construed or enforced to impose duties or penalties on cemeteries with respect to the timing of the placement of human remains in their designated grave or the sealing of the above ground depository, crypt, or urn due to patron safety, the allocation of cemetery staffing, liability insurance, a collective bargaining agreement, or other such reasons. (f) All fines imposed under this Section shall be paid 60 days after the effective date of the order imposing the fine. (g) (Blank). (h) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (i) A person not licensed under this Code who is an owner of a funeral establishment or funeral business shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to offer funeral services or aid, abet, assist, or direct any licensed person contrary to or in violation of any rules or provisions of this Code. A person violating this subsection shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in this Code, the imposition of a fine up to $10,000 for each violation and any other penalty provided by law. (j) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension. The suspension may end only upon a finding by a court that the licensee is no longer subject to the involuntary admission or judicial admission and issues an order so finding and discharging the licensee, and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice. (k) In enforcing this Code, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Code, or who has applied for licensure under this Code, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physician shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing. A person holding a license under this Code or who has applied for a license under this Code who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment. In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Code and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (Source: P.A. 102-881, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2028) Sec. 15-75. Grounds for discipline; penalties. (a) (Blank). (a-5) Violations of this Code shall be punishable as follows: (1) Intentionally or knowingly making a false | ||
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(2) Intentionally or knowingly making or filing false | ||
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(3) Intentionally or knowingly violating the chain of | ||
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(4) Intentionally or knowingly violating the | ||
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(5) Engaging in funeral directing or embalming | ||
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(b) The Department may refuse to issue or renew, revoke, suspend, place on probation or administrative supervision, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 for each violation, with regard to any license under this Code for any one or combination of the following: (1) Fraud or any misrepresentation in applying for or | ||
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(2) For licenses, conviction by plea of guilty or | ||
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(3) (Blank). (4) Directly or indirectly paying or causing to be | ||
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(5) Professional incompetence, gross negligence, | ||
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(6) (Blank). (7) Engaging in, promoting, selling, or issuing | ||
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(8) Refusing, without cause, to surrender the custody | ||
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(9) Taking undue advantage of a client or clients as | ||
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(10) (Blank). (11) Encouraging, requesting, or suggesting by a | ||
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(12) Making or causing to be made any false or | ||
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(13) (Blank). (14) Embalming or attempting to embalm a deceased | ||
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(15) (Blank). (16) Soliciting human bodies after death or while | ||
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(17) Performing any act or practice that is a | ||
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(18) Performing any act or practice that is a | ||
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(19) Engaging in dishonorable, unethical, or | ||
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(20) Taking possession of a dead human body without | ||
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(21) Advertising in a false or misleading manner or | ||
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(22) Charging for professional services not rendered, | ||
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(23) Failing to account for or remit any monies, | ||
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(24) Treating any person differently to his detriment | ||
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(25) Knowingly making any false statements, oral or | ||
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(26) (Blank). (27) Failing to acquire continuing education required | ||
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(28) (Blank). (29) Aiding or assisting another person in violating | ||
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(30) Failing within 10 days, to provide information | ||
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(31) Discipline by another state, District of | ||
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(32) (Blank). (33) Mental illness or disability which results in | ||
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(34) Gross, willful, or continued overcharging for | ||
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(35) Physical illness, including, but not limited to, | ||
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(36) Failing to comply with any of the following | ||
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(A) When reasonably possible, a funeral director | ||
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(B) A licensee shall clearly mark the price of | ||
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(C) At the time funeral arrangements are made and | ||
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(D) In all instances where the place of final | ||
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(E) A funeral director or funeral director and | ||
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(37) A finding by the Department that the licensee, | ||
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(38) (Blank). (39) Being named as a perpetrator in an indicated | ||
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(40) Habitual or excessive use or abuse of drugs | ||
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(41) Practicing under a false or, except as provided | ||
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(42) Cheating on or attempting to subvert the | ||
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(c) The Department may refuse to issue or renew or may suspend without a hearing, as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the license of any person who fails to file a return, to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest as required by any tax Act administered by the Illinois Department of Revenue, until the time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (d) No action may be taken under this Code against a person licensed under this Code unless the action is commenced within 5 years after the occurrence of the alleged violations. A continuing violation shall be deemed to have occurred on the date when the circumstances last existed that give rise to the alleged violation. (e) Nothing in this Section shall be construed or enforced to give a funeral director and embalmer, or his or her designees, authority over the operation of a cemetery or over cemetery employees. Nothing in this Section shall be construed or enforced to impose duties or penalties on cemeteries with respect to the timing of the placement of human remains in their designated grave or the sealing of the above ground depository, crypt, or urn due to patron safety, the allocation of cemetery staffing, liability insurance, a collective bargaining agreement, or other such reasons. (f) All fines imposed under this Section shall be paid 60 days after the effective date of the order imposing the fine. (g) (Blank). (h) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (i) A person not licensed under this Code who is an owner of a funeral establishment or funeral business shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to offer funeral services or aid, abet, assist, or direct any licensed person contrary to or in violation of any rules or provisions of this Code. A person violating this subsection shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in this Code, the imposition of a fine up to $10,000 for each violation and any other penalty provided by law. (j) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension. The suspension may end only upon a finding by a court that the licensee is no longer subject to the involuntary admission or judicial admission and issues an order so finding and discharging the licensee, and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice. (k) In enforcing this Code, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Code, or who has applied for licensure under this Code, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physician shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing. A person holding a license under this Code or who has applied for a license under this Code who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment. In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Code and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (Source: P.A. 102-881, eff. 1-1-23; 103-907, eff. 1-1-25.) |
(225 ILCS 41/15-76) (Section scheduled to be repealed on January 1, 2028) Sec. 15-76. Vehicle traffic control. A funeral director licensee or funeral director and embalmer licensee planning an interment, inurnment, or entombment at a cemetery shall use his or her reasonable best efforts to ensure that funeral processions entering and exiting the cemetery grounds do not obstruct traffic on any street for a period in excess of 10 minutes, except where such funeral procession is continuously moving or cannot be moved by reason of circumstances over which the licensee has no reasonable control. The licensee arranging funeral processions to the cemetery shall use his or her reasonable best efforts to prevent multiple funeral processions from arriving at the cemetery simultaneously. Notwithstanding any provision of this Code to the contrary, any licensee who violates the provisions of this Section shall be guilty of a business offense and receive a fine of not more than $500 for each offense.
(Source: P.A. 96-863, eff. 3-1-10; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-77) (Section scheduled to be repealed on January 1, 2028) Sec. 15-77. Method of payment, receipt. No licensee shall require payment for any goods or services by cash only. Licensees shall permit payment by at least one other option, including, but not limited to, personal check, cashier's check, money order, or credit or debit card. In addition to the statement of services, the licensee shall provide a receipt to the consumer upon payment in part or in full.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.) |
(225 ILCS 41/15-80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-80. Statement of place of practice. Each applicant for a
funeral director and embalmer's license shall with his or her
application submit a statement of the place of practice, ownership, names
and license numbers of all funeral directors and embalmers and funeral
directors associated with the applicant.
(Source: P.A. 102-881, eff. 1-1-23.)
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(225 ILCS 41/15-85)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-85. Duties of public institution; regulation by local
government. No provision of this Code shall apply to, or in any way interfere
with, the duties of any officer of any public institution; nor with the duties
of any officer of a medical college, county medical society, anatomical
association, college of embalming, or any other recognized person carrying out
the laws of the State of Illinois prescribing the conditions under which
indigent dead human bodies are held subject for scientific or anatomical study;
nor with the customs or rites of any religious sect in the funeral and burial of their
dead.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
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(225 ILCS 41/15-90)
Sec. 15-90.
(Repealed).
(Source: P.A. 87-966. Repealed by P.A. 93-268,
eff. 1-1-04.)
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(225 ILCS 41/15-91) (Section scheduled to be repealed on January 1, 2028) Sec. 15-91. Denial of license. If the Department determines that an application for licensure should be denied pursuant to Section 15-75, then the applicant shall be sent a notice of intent to deny license and the applicant shall be given the opportunity to request, within 20 days of the notice, a hearing on the denial. The Secretary shall have the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer. The hearing officer shall have full authority to conduct the hearing. The hearing shall be held at the time and place designated by the Secretary. The Secretary shall have the authority to prescribe rules for the administration of this Section.
(Source: P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-95)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-95.
Severability.
The provisions of the Code
are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87-966.)
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(225 ILCS 41/15-100) Sec. 15-100. (Repealed).
(Source: P.A. 96-1463, eff. 1-1-11. Repealed by P.A. 102-881, eff. 1-1-23.) |
(225 ILCS 41/15-105) (Section scheduled to be repealed on January 1, 2028) Sec. 15-105. Civil Administrative Code. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois and shall exercise all other powers and duties set forth in this Code.
(Source: P.A. 96-1463, eff. 1-1-11.) |
(225 ILCS 41/15-110)
Sec. 15-110. (Repealed).
(Source: P.A. 96-1463, eff. 1-1-11. Repealed by P.A. 97-1130, eff. 8-28-12.)
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(225 ILCS 41/15-115) (Section scheduled to be repealed on January 1, 2028) Sec. 15-115. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department shall not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 97-1130, eff. 8-28-12.) |
(225 ILCS 41/Art. 20 heading) ARTICLE 20.
CODIFICATION PROVISIONS
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(225 ILCS 41/20-5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20-5.
Prior law.
(a) A provision of this Code that is the same or substantially the same
as a prior law shall be construed as a continuation of the prior law and
not as a new or different law.
(b) A citation in another Act to an Act or to a Section of an Act that
is continued in this Code shall be construed to be a citation to that
continued provision in this Code.
(c) The following laws are obsolete and are, therefore, repealed without
being continued in this Code: Sections 1-1, 1-5, 1-6, 1-7, 1-8, 1-11, 1-12,
2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-11, 3-17, 3-18, and 3-19 of the
Funeral Directors and Embalmers Licensing Act of 1935.
(Source: P.A. 87-966.)
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(225 ILCS 41/20-10)
Sec. 20-10.
(Repealed).
(Source: P.A. 87-966. Repealed by P.A. 93-268,
eff. 1-1-04.)
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(225 ILCS 41/20-15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20-15. Home rule. The regulation and licensing provided for in this Code are exclusive powers and functions of the State. A home rule unit may not regulate or license funeral directors, funeral director and embalmers, or any activities relating to the services of funeral directing and embalming. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
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(225 ILCS 41/Art. 30 heading) ARTICLE 30.
EFFECTIVE DATE
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(225 ILCS 41/30-1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30-1.
This Act takes effect January 1, 1993.
(Source: P.A. 87-966.)
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