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92_HB3999eng HB3999 Engrossed LRB9213208ACmg 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Section 4.13 and adding Section 4.23 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9 The Environmental Health Practitioner Licensing Act. 10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act. 12 The Dietetic and Nutrition Services Practice Act. 13The Funeral Directors and Embalmers Licensing Code.14 The Professional Counselor and Clinical Professional 15 Counselor Licensing Act. 16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.23 new) 18 Sec. 4.23. Act repealed on January 1, 2013. The 19 following Act is repealed on January 1, 2013: 20 The Funeral Directors and Embalmers Licensing Code. 21 Section 10. The Funeral Directors and Embalmers 22 Licensing Code is amended by changing Sections 5-15 and 15-15 23 as follows: 24 (225 ILCS 41/5-15) 25 (Section scheduled to be repealed on December 31, 2002) 26 Sec. 5-15. Expiration and renewal; inactive status; 27 continuing education. The expiration date and renewal period 28 for each license issued under this Article shall be set by HB3999 Engrossed -2- LRB9213208ACmg 1 rule. The holder of a license as a licensed funeral director 2 may renew the license during the month preceding the 3 expiration date of the license by paying the required fee. A 4 licensed funeral director whose license has expired may have 5 the license reinstated within 5 years from the date of 6 expiration upon payment of the required reinstatement fee. 7 The reinstatement shall be effective as of the date of 8 reissuance of the license. 9 Any licensed funeral director whose license has been 10 expired for more than 5 years may have the license restored 11 only by fulfilling the requirements of the Department's rules 12 and by paying the required restoration fee. However, any 13 licensed funeral director whose license has expired while he 14 or she has been engaged (1) in federal service on active duty 15 with the Army of the United States, the United States Navy, 16 the Marine Corps, the Air Force, the Coast Guard, or the 17 State Militia called into the service or training of the 18 United States of America or (2) in training or education 19 under the supervision of the United States preliminary to 20 induction into the military service may have his or her 21 license restored without paying any lapsed renewal fees or 22 restoration fee or without passing any examination if, within 23 2 years after termination of the service, training or 24 education other than by dishonorable discharge, he or she 25 furnishes the Department with an affidavit to the effect that 26 he or she has been so engaged and that service, training or 27 education has been so terminated. 28 In addition to any other requirement for renewal of a 29 license or reinstatement of an expired license, beginning 30 with licenses renewed or reinstated in 1993, as a condition 31 for the renewal or reinstatement of a license as a licensed 32 funeral director, each licensee shall provide evidence to the 33 Department of completion of at least 12 hours of continuing 34 education during the 24 months preceding the expiration date HB3999 Engrossed -3- LRB9213208ACmg 1 of the license, or in the case of reinstatement, during the 2 24 months preceding application for reinstatement. The 3 continuing education sponsors shall be approved by the Board. 4 In addition, any qualified continuing education course for 5 funeral directors offered by a college, university, the 6 Illinois Funeral Directors Association, Funeral Directors 7 Services Association of Greater Chicago, Cook County 8 Association of Funeral Home Owners, Inc., Illinois Selected 9 Morticians Association, Inc., National Funeral Directors 10 Association, National Foundation of Funeral Service, National 11 Selected Morticians, National Funeral Directors and 12 Morticians Association, Inc., International Order of the 13 Golden Rule, or an Illinois school of mortuary science shall 14 be accepted toward satisfaction of the continuing education 15 requirements. 16 The Department shall establish by rule a means for 17 verification of completion of the continuing education 18 required by this Section. This verification may be 19 accomplished through audits of records maintained by 20 licensees, by requiring the filing of continued education 21 certificates with the Department or a qualified organization 22 selected by the Department to maintain these records, or by 23 other means established by the Department. 24 A person who is licensed as a funeral director under this 25 Act and who has engaged in the practice of funeral directing 26 for at least 40 years shall be exempt from the continuing 27 education requirements of this Section. In addition, the 28 Department shall establish by rule an exemption or exception 29 for funeral directors who, by reason of advanced age, health 30 or other extreme condition should reasonably be excused from 31 the continuing education requirement upon explanation to the 32 Board, the approval of the Director, or both. Those persons, 33 identified above, who cannot attend on-site classes, shall 34 have the opportunity to comply by completing home study HB3999 Engrossed -4- LRB9213208ACmg 1 courses designed for them by sponsors. 2 Any funeral director who notifies the Department in 3 writing on forms prescribed by the Department may elect to 4 place his or her license on an inactive status and shall be 5 excused from completion of continuing education requirements 6 until he or she notifies the Department in writing of an 7 intent to restore the license to active status.While on8inactive status, the licensee shall only be required to pay a9single fee, established by the Department, to have his or her10license placed on inactive status.Any licensee requesting 11 restoration from inactive status shall notify the Department 12 as provided by rule of the Department and pay the fee 13 required by the Department for restoration of the license. 14 Any licensee whose license is on inactive status shall not 15 practice in the State of Illinois. 16 Practice on a license that has lapsed or been placed in 17 inactive status is practicing without a license and a 18 violation of this Act. 19 (Source: P.A. 90-50, eff. 1-1-98.) 20 (225 ILCS 41/15-15) 21 (Section scheduled to be repealed on December 31, 2002) 22 Sec. 15-15. Complaints; investigations; hearings. The 23 Department mayshallconduct regular inspections of all 24 funeral establishments to determine compliance with the 25 provisions of this Code. The Department may upon its own 26 motion and shall upon the verified complaint in writing of 27 any person setting forth facts that if proved would 28 constitute grounds for refusal, suspension, revocation, or 29 other disciplinary action investigate the action of any 30 person holding or claiming to hold a license under this Code. 31 The Department shall report to the Board, on at least a 32 quarterly basis, the status or disposition of all complaints 33 against, and investigations of, license holders. The HB3999 Engrossed -5- LRB9213208ACmg 1 Department shall, before refusing to issue or renew, 2 suspending, revoking, or taking any other disciplinary action 3 with respect to any license and at least 30 days before the 4 date set for the hearing, notify in writing the licensee of 5 any charges made and shall direct that person to file a 6 written answer to the Board under oath within 20 days after 7 the service of the notice and inform that person that failure 8 to file an answer may result in default being taken and the 9 person's license or certificate may be suspended, revoked, 10 placed on probationary status, or other disciplinary action 11 may be taken, including limiting the scope, nature or extent 12 of practice, as the Director may deem proper. The Department 13 shall afford the licensee an opportunity to be heard in 14 person or by counsel in reference to the charges. Written 15 notice may be served by personal delivery to the licensee or 16 by mailing it by registered mail to the last known business 17 address of licensee. In case the person fails to file an 18 answer after receiving notice, his or her license or 19 certificate may, in the discretion of the Department, be 20 suspended, revoked, or placed on probationary status, or the 21 Department may take whatever disciplinary action deemed 22 proper, including limiting the scope, nature, or extent of 23 the person's practice or the imposition of a fine, without a 24 hearing, if the act or acts charged constitute sufficient 25 grounds for such action under this Act. The hearing on the 26 charges shall be at a time and place as the Department shall 27 prescribe. The Department may appoint a hearing officer to 28 conduct the hearing. The Department shall notify the Board of 29 the time and place of the hearing and Board members shall be 30 allowed to sit at the hearing. The Department has the power 31 to subpoena and bring before it any person in this State, or 32 take testimony of any person by deposition, with the same 33 fees and mileage, in the same manner as prescribed by law in 34 judicial proceedings in circuit courts of this State in civil HB3999 Engrossed -6- LRB9213208ACmg 1 cases. If the Department determines that any licensee is 2 guilty of a violation of any of the provisions of this Code, 3 disciplinary action shall be taken against the licensee. The 4 Department may take disciplinary action without a formal 5 hearing subject to Section 10-70 of the Illinois 6 Administrative Procedure Act. 7 (Source: P.A. 87-966; 88-45.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.