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90_HB0955eng
225 ILCS 41/5-15
225 ILCS 41/10-35
Amends the Funeral Directors and Embalmers Licensing Code
to exempt licensees who have practiced funeral directing or
funeral directing and embalming for 40 or more years from the
continuing education requirements of the Act.
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1 AN ACT to amend the Funeral Directors and Embalmers
2 Licensing Code by changing Sections 5-15 and 10-35.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Funeral Directors and Embalmers Licensing
6 Code is amended by changing Sections 5-15 and 10-35 as
7 follows:
8 (225 ILCS 41/5-15)
9 Sec. 5-15. Expiration and renewal; inactive status;
10 continuing education. The expiration date and renewal period
11 for each license issued under this Article shall be set by
12 rule. The holder of a license as a licensed funeral director
13 may renew the license during the month preceding the
14 expiration date of the license by paying the required fee. A
15 licensed funeral director whose license has expired may have
16 the license reinstated within 5 years from the date of
17 expiration upon payment of the required reinstatement fee.
18 The reinstatement shall be effective as of the date of
19 reissuance of the license.
20 Any licensed funeral director whose license has been
21 expired for more than 5 years may have the license restored
22 only by fulfilling the requirements of the Department's rules
23 and by paying the required restoration fee. However, any
24 licensed funeral director whose license has expired while he
25 or she has been engaged (1) in federal service on active duty
26 with the Army of the United States, the United States Navy,
27 the Marine Corps, the Air Force, the Coast Guard, or the
28 State Militia called into the service or training of the
29 United States of America or (2) in training or education
30 under the supervision of the United States preliminary to
31 induction into the military service may have his or her
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1 license restored without paying any lapsed renewal fees or
2 restoration fee or without passing any examination if, within
3 2 years after termination of the service, training or
4 education other than by dishonorable discharge, he or she
5 furnishes the Department with an affidavit to the effect that
6 he or she has been so engaged and that service, training or
7 education has been so terminated.
8 In addition to any other requirement for renewal of a
9 license or reinstatement of an expired license, beginning
10 with licenses renewed or reinstated in 1993, as a condition
11 for the renewal or reinstatement of a license as a licensed
12 funeral director, each licensee shall provide evidence to the
13 Department of completion of at least 12 hours of continuing
14 education during the 24 months preceding the expiration date
15 of the license, or in the case of reinstatement, during the
16 24 months preceding application for reinstatement. The
17 continuing education sponsors shall be approved by the Board.
18 In addition, any qualified continuing education course for
19 funeral directors offered by a college, university, the
20 Illinois Funeral Directors Association, Funeral Directors
21 Services Association of Greater Chicago, Cook County
22 Association of Funeral Home Owners, Inc., Illinois Selected
23 Morticians Association, Inc., National Funeral Directors
24 Association, National Foundation of Funeral Service, National
25 Selected Morticians, National Funeral Directors and
26 Morticians Association, Inc., International Order of the
27 Golden Rule, or an Illinois school of mortuary science shall
28 be accepted toward satisfaction of the continuing education
29 requirements.
30 The Department shall establish by rule a means for
31 verification of completion of the continuing education
32 required by this Section. This verification may be
33 accomplished through audits of records maintained by
34 licensees, by requiring the filing of continued education
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1 certificates with the Department or a qualified organization
2 selected by the Department to maintain these records, or by
3 other means established by the Department.
4 A person who is licensed as a funeral director under this
5 Act and who has engaged in the practice of funeral directing
6 for at least 40 years shall be exempt from the continuing
7 education requirements of this Section. In addition, the
8 Department shall establish by rule an exemption or exception
9 for funeral directors who, by reason of advanced age, health
10 or other extreme condition should reasonably be excused from
11 the continuing education requirement upon explanation to the
12 Board, the approval of the Director, or both. Those persons,
13 identified above, who cannot attend on-site classes, shall
14 have the opportunity to comply by completing home study
15 courses designed for them by sponsors.
16 Any funeral director who notifies the Department in
17 writing on forms prescribed by the Department may elect to
18 place his or her license on an inactive status and shall be
19 excused from completion of continuing education requirements
20 until he or she notifies the Department in writing of an
21 intent to restore the license to active status. While on
22 inactive status, the licensee shall only be required to pay a
23 single fee, established by the Department, to have his or her
24 license placed on inactive status. Any licensee requesting
25 restoration from inactive status shall notify the Department
26 as provided by rule of the Department and pay the fee
27 required by the Department for restoration of the license.
28 Any licensee whose license is on inactive status shall not
29 practice in the State of Illinois.
30 Practice on a license that has lapsed or been placed in
31 inactive status is practicing without a license and a
32 violation of this Act.
33 (Source: P.A. 87-966.)
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1 (225 ILCS 41/10-35)
2 Sec. 10-35. Renewal; reinstatement; restoration;
3 continuing education. The expiration date and renewal period
4 for each license issued under this Article shall be set by
5 rule. The holder of a license as a licensed funeral director
6 and embalmer or funeral director and embalmer trainee may
7 renew the license during the month preceding the expiration
8 date of the license by paying the required fee. A licensed
9 funeral director and embalmer or licensed funeral director
10 and embalmer trainee whose license has expired may have the
11 license reinstated within 5 years from the date of expiration
12 upon payment of the required reinstatement fee and fulfilling
13 the requirements of the Department's rules. The
14 reinstatement of the license is effective as of the date the
15 reissuance of the license.
16 Any licensed funeral director and embalmer whose license
17 has been expired for more than 5 years may have the license
18 restored only by fulfilling the requirements set forth in the
19 Department's rules and by paying the required restoration
20 fee. However, any licensed funeral director and embalmer or
21 licensed funeral director and embalmer trainee whose license
22 has expired while he or she has been engaged (1) in federal
23 service on active duty with the Army of the United States,
24 the United States Navy, the Marine Corps, the Air Force, the
25 Coast Guard, or the State Militia called into the service or
26 training of the United States of America or (2) in training
27 or education under the supervision of the United States
28 preliminary to induction into the military service may have
29 the license restored without paying any lapsed renewal fees
30 or restoration fee or without passing any examination if,
31 within 2 years after termination of the service, training or
32 education other than by dishonorable discharge, the licensee
33 furnishes the Department with an affidavit to the effect that
34 he or she has been so engaged and that his or her service,
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1 training or education has been so terminated.
2 No license of a funeral director and embalmer trainee
3 shall be renewed more than twice.
4 In addition to any other requirement for renewal of a
5 license or reinstatement of an expired license, beginning
6 with licenses renewed or reinstated in 1993 and thereafter,
7 as a condition for the renewal or reinstatement of a license
8 as a licensed funeral director and embalmer, each licensee
9 shall provide evidence to the Department of completion of at
10 least 24 hours of continuing education during the 24 months
11 preceding the expiration date of the license, or in the case
12 of reinstatement, within the 24 months preceding the
13 application for reinstatement. The continuing education
14 sponsors shall be approved by the Board. In addition, any
15 qualified continuing education course for funeral directors
16 and embalmers offered by a college, university, the Illinois
17 Funeral Directors Association, Funeral Directors Services
18 Association of Greater Chicago, Cook County Association of
19 Funeral Home Owners, Inc., Illinois Selected Morticians
20 Associations, Inc., National Funeral Directors Association,
21 National Foundation of Funeral Service, National Selected
22 Morticians, National Funeral Directors and Morticians
23 Association, Inc., International Order of the Golden Rule, or
24 an Illinois school of mortuary science shall be accepted
25 toward satisfaction of the continuing education requirements.
26 The Department shall establish by rule a means for
27 verification of completion of the continuing education
28 required by this Section. This verification may be
29 accomplished through audits of records maintained by
30 licensees, by requiring the filing of continued education
31 certificates with the Department or a qualified organization
32 selected by the Department to maintain the records, or by
33 other means established by the Department.
34 A person who is licensed as a funeral director and
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1 embalmer under this Act and who has engaged in the practice
2 of funeral directing and embalming for at least 40 years
3 shall be exempt from the continuing education requirements of
4 this Section. In addition, the Department shall establish by
5 rule an exemption or exception for funeral directors and
6 embalmers who, by reason of advanced age, health or other
7 extreme condition, should reasonably be excused from the
8 continuing education requirement upon explanation to the
9 Board, the approval of the Director, or both. Those persons,
10 identified above, who cannot attend on-site classes, shall
11 have the opportunity to comply by completing home study
12 courses designed for them by sponsors.
13 Any funeral director and embalmer who notifies the
14 Department in writing on forms prescribed by the Department,
15 may elect to place his or her license on an inactive status
16 and shall be excused from completion of continuing education
17 requirements until he or she notifies the Department in
18 writing of an intent to restore the license to active status.
19 While on inactive status, the licensee shall only be required
20 to pay a single fee, established by the Department, to have
21 the license placed on inactive status. Any licensee
22 requesting restoration from inactive status shall notify the
23 Department as provided by rule of the Department and pay the
24 fee required by the Department for restoration of the
25 license. Any licensee whose license is on inactive status
26 shall not practice in the State of Illinois.
27 Practice on a license that has lapsed or been placed in
28 inactive status is practicing without a license and a
29 violation of this Code.
30 (Source: P.A. 87-966.)