Public Act 93-0268
HB3057 Enrolled LRB093 10073 AMC 10324 b
AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Funeral Directors and Embalmers Licensing
Code is amended by changing Sections 1-10, 1-15, 1-20, 5-10,
5-15, 5-25, 10-5, 10-10, 10-15, 10-30, 10-35, 15-5, 15-45,
15-55, 15-75, and 15-80 as follows:
(225 ILCS 41/1-10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1-10. Definitions. As used in this Code:
"Applicant" means any person making application for a
license or certificate of registration.
"Board" means the Funeral Directors and Embalmers
Licensing and disciplinary Board.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"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 trainee" means a
person licensed by the State 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 State 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.
"Owner" means the individual, partnership, corporation,
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, trust or estate, or other entity.
(Source: P.A. 87-966.)
(225 ILCS 41/1-15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1-15. Funeral directing; definition. Conducting or
engaging in or representing or holding out oneself as
conducting or engaged in any one or any combination of the
following practices constitutes the practice of funeral
directing:
(a) The practice of preparing, otherwise than by
embalming, for the burial, cremation, or disposal and
directing and supervising the burial or disposal of
deceased human remains or performing any act or service
in connection with the preparing of dead human bodies.
Preparation, direction, and supervision shall not be
construed to mean those functions normally performed by
cemetery and crematory personnel.
(b) The practice of operating a place for preparing
for the disposition of deceased human bodies or for
caring for deceased human bodies before their
disposition. Nothing in this Code shall prohibit the
ownership and management of such a place by an unlicensed
owner if the place is operated in accordance with this
Code and the unlicensed owner does not engage in any form
of funeral directing.
(c) The removal of a deceased human body from its
place of death, institution or other location. The
licensed funeral director may engage others who are not
licensed funeral directors to assist in the removal if
the funeral director directs and instructs them in
handling and precautionary procedures and accompanies
them on all calls. The transportation of deceased human
remains to a cemetery, crematory or other place of final
disposition shall be under the immediate direct
supervision of a licensee unless otherwise permitted by
this Section. The transportation of deceased human
remains that are embalmed or otherwise prepared and
enclosed in an appropriate container to some other place
that is not the place of final disposition, such as
another funeral home or common carrier, or to a facility
that shares common ownership with the transporting
funeral home may be performed under the general
supervision of a licensee, but the supervision need not
be immediate or direct.
(d) The administering and conducting of, or
assuming responsibility for administering and conducting
of, at need funeral arrangements.
(e) The assuming custody of, transportation,
providing shelter, protection and care and disposition of
deceased human remains and the furnishing of necessary
funeral services, facilities and equipment.
(f) Using in connection with a name or practice the
word "funeral director," "undertaker," "mortician,"
"funeral home," "funeral parlor," "funeral chapel," or
any other title implying that the person is engaged in
the practice of funeral directing.
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
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.
(Source: P.A. 87-966.)
(225 ILCS 41/1-20)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1-20. Funeral directing and embalming; definition.
"The practice of funeral directing and embalming" means:
(a) The practice of preparing, otherwise than by
embalming, for the burial, cremation, or disposal and
directing and supervising the burial or disposal of
deceased human remains or performing any act or service
in connection with the preparing of dead human bodies.
Preparation, direction, and supervision shall not be
construed to mean those functions normally performed by
cemetery and crematory personnel.
(b) The practice of operating a place for preparing
for the disposition of deceased human bodies or for
caring for deceased human bodies before their
disposition. Nothing in this Code shall prohibit the
ownership and management of such a place by an unlicensed
owner if the place is operated in accordance with this
Code and the unlicensed owner does not engage in any form
of funeral directing and embalming.
(c) The removal of a deceased human body from its
place of death, institution or other location. A licensed
funeral director and embalmer intern trainee may remove a
deceased human body from its place of death, institution,
or other location without another licensee being present.
The licensed funeral director and embalmer may engage
others who are not licensed funeral directors and
embalmers or funeral director and embalmer interns
trainees to assist in the removal if the funeral director
and embalmer directs and instructs them in handling and
precautionary procedures and accompanies them on all
calls. The transportation of deceased human remains to a
cemetery, crematory or other place of final disposition
shall be under the immediate, direct supervision of a
licensee unless otherwise permitted by this Section. The
transportation of deceased human remains that are
embalmed or otherwise prepared and enclosed in an
appropriate container to some other place that is not the
place of final disposition, such as another funeral home
or common carrier, or to a facility that shares common
ownership with the transporting funeral home may be
performed under the general supervision of a licensee,
but the supervision need not be immediate or direct.
(d) The administering and conducting of, or
assuming responsibility for administering and conducting
of, at need funeral arrangements.
(e) The assuming custody of, transportation,
providing shelter, protection and care and disposition of
deceased human remains and the furnishing of necessary
funeral services, facilities and equipment.
(f) Using in connection with a name or practice the
word "funeral director and embalmer", "embalmer",
"funeral director", "undertaker", "mortician", "funeral
home", "funeral parlor", "funeral chapel", or any other
title implying that the person is engaged in the practice
of funeral directing and embalming.
(g) The embalming or representing or holding out
oneself as engaged in the practice of embalming of
deceased human bodies or the transportation of human
bodies deceased of a contagious or infectious disease.
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 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 trainees may, however, assist or participate
in the arrangements.
(Source: P.A. 87-966.)
(225 ILCS 41/5-10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5-10. Funeral director license; display.
Every holder of a license as a funeral director shall
display it in a conspicuous place in the licensee's holder's
place of practice or in the place of practice in which the
licensee holder is employed or, in case the licensee holder
is engaged in funeral directing at more than one place of
practice, then in the licensee's holder's principal place of
practice or the principal place of practice of the licensee's
holder's employer.
(Source: P.A. 87-966.)
(225 ILCS 41/5-15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5-15. Expiration and renewal; inactive status;
continuing education. 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 Army of the United States, the United States Navy,
the Marine Corps, the Air Force, the 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 of an expired license, beginning
with licenses renewed or reinstated in 1993, as a condition
for the renewal or reinstatement 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, during the
24 months preceding application for reinstatement. 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 Foundation of
Funeral Service, National Selected Morticians, 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.
A person who is licensed as a funeral director under this
Act 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 funeral directors who, by reason of advanced age, health
or other extreme condition should reasonably be excused from
the continuing education requirement upon explanation to the
Board, the approval of the Director, or both. 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.
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 be
excused from completion of continuing education requirements
until he or she notifies the Department in writing of an
intent to restore the license to active status. Any
licensee requesting restoration from inactive status shall
notify the Department as provided by rule of the Department
and pay the fee required by the Department for restoration of
the license. Any licensee whose license is on inactive
status shall not practice in the State of Illinois.
Practice on a license that has lapsed or been placed in
inactive status is practicing without a license and a
violation of this Code Act.
(Source: P.A. 92-641, eff. 7-11-02.)
(225 ILCS 41/5-25)
(Section scheduled to be repealed on January 1, 2013)
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.
Any person issued a license as a funeral director trainee
before June 1, 1991 may not renew or restore that license.
Notwithstanding any other provision of this Code or any
predecessor Act, the Department shall issue a license as a
funeral director to every person:
(1) who has graduated from a program of mortuary
science;
(2) who passed the examination for licensing as a
funeral director under the Funeral Directors and
Embalmers Licensing Act of 1935 on or after June 1, 1988
but before June 2, 1991;
(3) who has completed one calendar year of training
as a licensed funeral director and embalmer trainee under
the supervision of a licensed funeral director and
embalmer; and
(4) who has on file or files an application for a
license as a funeral director within 30 days after the
effective date of this amendatory Act of 1994.
(Source: P.A. 87-966; 88-659.)
(225 ILCS 41/10-5)
(Section scheduled to be repealed on January 1, 2013)
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
who does not have a fixed place of practice or establishment
in Illinois devoted to the care and preparation for burial or
for transportation of deceased human bodies, or who is not
regularly employed in a fixed place of practice or
establishment.
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 trainee shall independently practice
funeral directing and embalming; however, a licensed funeral
director and embalmer intern trainee 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 trainee unless he or she possesses a valid
license in good standing to do so in the State of Illinois.
(Source: P.A. 87-966.)
(225 ILCS 41/10-10)
(Section scheduled to be repealed on January 1, 2013)
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 a
trainee unless the applicant during the period of study was a
licensed funeral director and embalmer intern trainee.
(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. 89-387, eff. 8-20-95.)
(225 ILCS 41/10-15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10-15. Intern Trainee 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 trainee:
(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 training 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. 89-387, eff. 8-20-95.)
(225 ILCS 41/10-30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10-30. Issuance, display of license. Whenever an
applicant has met the requirements of this Code, the
Department shall issue to the applicant a license as a
licensed funeral director and embalmer or licensed funeral
director and embalmer intern trainee, 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. In
case 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.
(Source: P.A. 87-966.)
(225 ILCS 41/10-35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10-35. Renewal; reinstatement; restoration;
continuing education. 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 trainee
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 trainee whose
license has expired while he or she has been engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the 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 the 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 the licensee 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
trainee shall be renewed more than twice.
In addition to any other requirement for renewal of a
license or reinstatement of an expired license, beginning
with licenses renewed or reinstated in 1993 and thereafter,
as a condition for the renewal or reinstatement 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, within the 24 months preceding the
application for reinstatement. 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 Foundation of Funeral
Service, National Selected Morticians, 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.
A person who is licensed as a funeral director and
embalmer under this Act 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 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 explanation to the
Board, the approval of the Director, or both. 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.
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 be excused from completion of continuing education
requirements until he or she notifies the Department in
writing of an intent to restore the license to active status.
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
requesting restoration from inactive status shall notify the
Department as provided by rule of the Department and pay the
fee required by the Department for restoration of the
license. Any licensee whose license is on inactive status
shall not practice in the State of Illinois.
Practice on a license that has lapsed or been placed in
inactive status is practicing without a license and a
violation of this Code.
(Source: P.A. 90-50, eff. 1-1-98.)
(225 ILCS 41/15-5) (from Ch. 111, par. 2825)
(Section scheduled to be repealed on January 1, 2013)
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 Director of the Department. The persons so appointed
shall hold their offices for 4 years and until a qualified
successor is appointed. All vacancies occurring shall be
filled by the Director for the unexpired portion of the term
rendered vacant. No member shall be eligible to serve for
more than 2 full consecutive terms. Any appointee may be
removed by the Director when in his or her discretion he or
she finds removal to be in the public interest. The cause for
removal must be set forth in writing. 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.
The members of the Board appointed and serving under the
Funeral Directors and Embalmers Licensing Act of 1935 shall
continue to serve under the Funeral Directors and Embalmers
Licensing Code and until the expiration of their appointed
terms. These members may be reappointed if eligible under
this Section.
The Department may seek the advice and recommendations of
the Board on any matter relating to the administration and
enforcement of this Code.
The Department shall seek the advice and recommendations
of the Board in connection with any rulemaking or
disciplinary actions, including applications for restoration
of revoked licenses. The Board shall have 60 days to respond
to a Department request for advice and recommendations. If
the Department fails to adopt, in whole or in part, a Board
recommendation in connection with any rulemaking or
disciplinary action, it shall provide a written explanation
of its specific reasons for not adopting the Board
recommendation. The written explanations shall be made
available for public inspection.
The Department shall adopt all necessary and reasonable
rules and regulations for the effective administration of
this Code, and without limiting the foregoing, the Department
shall adopt rules and regulations:
(1) prescribing a method of examination of
candidates;
(2) defining what shall constitute a school,
college, university, department of a university or other
institution to determine the reputability and good
standing of these institutions by reference to a
compliance with the rules and regulations; however, no
school, college, university, department of a university
or other institution that refuses admittance to
applicants, solely on account of race, color, creed, sex
or national origin shall be considered reputable and in
good standing;
(3) establishing expiration dates and renewal
periods for all licenses;
(4) prescribing a method of handling complaints and
conducting hearings on proceedings to take disciplinary
action under this Code; and
(5) providing for licensure by reciprocity.
(Source: P.A. 91-827, eff. 6-13-00.)
(225 ILCS 41/15-45)
(Section scheduled to be repealed on January 1, 2013)
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 Director of Professional
Regulation 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 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 Act,
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) (1) 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 Act shall forfeit and pay to the General
Professions Dedicated Fund a civil penalty in an amount
determined by the Department of not more than $10,000 for
each offense. The penalty shall be assessed in
proceedings as provided in Sections 15-10 through 15-40
of this Act.
(2) Unless the amount of the penalty is paid within
60 days after the order becomes final, the order shall
constitute a judgement and shall be filed and execution
issued thereon in the same manner as the judgement of a
court of record.
(Source: P.A. 87-966.)
(225 ILCS 41/15-55)
(Section scheduled to be repealed on January 1, 2013)
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.
(Source: P.A. 87-966.)
(225 ILCS 41/15-75)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15-75. Violations; grounds for discipline;
penalties.
(a) Each of the following acts is a Class A misdemeanor
for the first offense, and a Class 4 felony for each
subsequent offense. These penalties shall also apply to
unlicensed owners of funeral homes.
(1) Practicing the profession of funeral directing
and embalming or funeral directing, or attempting to
practice the profession of funeral directing and
embalming or funeral directing without a license as a
licensed funeral director and embalmer or funeral
director.
(2) Serving as an intern a trainee under a licensed
funeral director and embalmer or attempting to serve as
an intern a trainee under a licensed funeral director and
embalmer without a license as a licensed funeral director
and embalmer intern trainee.
(3) Obtaining or attempting to obtain a license,
practice or business, or any other thing of value, by
fraud or misrepresentation.
(4) Permitting any person in one's employ, under
one's control or in or under one's service to serve as a
funeral director and embalmer, funeral director, or
funeral director and embalmer intern trainee when the
person does not have the appropriate license.
(5) Failing to display a license as required by
this Code.
(6) Giving false information or making a false oath
or affidavit required by this Code.
(b) Each of the following acts or actions is a violation
of this Code for which the Department may refuse to issue or
renew, or may suspend or revoke any license or may take any
disciplinary action as the Department may deem proper
including fines not to exceed $1,000 for each violation.
(1) Obtaining or attempting to obtain a license by
fraud or misrepresentation.
(2) Conviction in this State or another state of
any crime that is a felony or misdemeanor under the laws
of this State or conviction of a felony or misdemeanor in
a federal court.
(3) Violation of the laws of this State relating to
the funeral, burial or disposal of deceased human bodies
or of the rules and regulations of the Department, or the
Department of Public Health.
(4) Directly or indirectly paying or causing to be
paid any sum of money or other valuable consideration for
the securing of business or for obtaining authority to
dispose of any deceased human body.
(5) Incompetence or untrustworthiness in the
practice of funeral directing and embalming or funeral
directing.
(6) False or misleading advertising as a funeral
director and embalmer or funeral director, or advertising
or using the name of a person other than the holder of a
license in connection with any service being rendered in
the practice of funeral directing and embalming or
funeral directing. Nothing in this paragraph shall
prevent including the name of any owner, officer or
corporate director of a funeral business home who is not
a licensee in any advertisement used by a funeral home
with which the individual is affiliated if the
advertisement specifies the individual's affiliation with
the funeral home.
(7) Engaging in, promoting, selling, or issuing
burial contracts, burial certificates, or burial
insurance policies in connection with the profession as a
funeral director and embalmer, funeral director, or
funeral director and embalmer intern trainee in violation
of any laws of the State of Illinois.
(8) Refusing, without cause, to surrender the
custody of a deceased human body upon the proper request
of the person or persons lawfully entitled to the custody
of the body.
(9) Taking undue advantage of a client or clients
as to amount to the perpetration of fraud.
(10) Engaging in funeral directing and embalming or
funeral directing without a license.
(11) Encouraging, requesting, or suggesting by a
licensee or some person working on his behalf and with
his consent for compensation that a person utilize the
services of a certain funeral director and embalmer,
funeral director, or funeral establishment unless that
information has been expressly requested by the person.
This does not prohibit general advertising or pre-need
solicitation.
(12) Making or causing to be made any false or
misleading statements about the laws concerning the
disposal of human remains, including, but not limited to,
the need to embalm, the need for a casket for cremation
or the need for an outer burial container.
(13) Continued practice by a person having an
infectious or contagious disease.
(14) Embalming or attempting to embalm a deceased
human body without express prior authorization of the
person responsible for making the funeral arrangements
for the body. This does not apply to cases where
embalming is directed by local authorities who have
jurisdiction or when embalming is required by State or
local law.
(15) Making a false statement on a Certificate of
Death where the person making the statement knew or
should have known that the statement was false.
(16) Soliciting human bodies after death or while
death is imminent.
(17) Performing any act or practice that is a
violation of this Code, the rules for the administration
of this Code, or any federal, State or local laws, rules,
or regulations governing the practice of funeral
directing or embalming.
(18) Performing any act or practice that is a
violation of Section 2 of the Consumer Fraud and
Deceptive Business Practices Act.
(19) Engaging in unethical or unprofessional
conduct of a character likely to deceive, defraud or harm
the public in the course of providing professional
services or activities.
(20) Taking possession of a dead human body without
having first obtained express permission from next of kin
or a public agency legally authorized to direct, control
or permit the removal of deceased human bodies.
(21) Advertising in a false or misleading manner or
advertising using the name of an unlicensed person in
connection with any service being rendered in the
practice of funeral directing or funeral directing and
embalming. The use of any name of an unlicensed or
unregistered person in an advertisement so as to imply
that the person will perform services is considered
misleading advertising. Nothing in this paragraph shall
prevent including the name of any owner, officer or
corporate director of a funeral home, who is not a
licensee, in any advertisement used by a funeral home
with which the individual is affiliated, if the
advertisement specifies the individual's affiliation with
the funeral home.
(22) Directly or indirectly receiving compensation
for any professional services not actually performed.
(23) Failing to account for or remit any monies,
documents, or personal property that belongs to others
that comes into a licensee's possession.
(24) Treating any person differently to his
detriment because of race, color, creed, gender sex,
religion, or national origin.
(25) Knowingly making any false statements, oral or
otherwise, of a character likely to influence, persuade
or induce others in the course of performing professional
services or activities.
(26) Knowingly making or filing false records or
reports in the practice of funeral directing and
embalming.
(27) Failing to acquire continuing education
required under this Code.
(28) Failing to comply with any of the following
required activities:
(A) When reasonably possible, a licensee or
anyone acting on his or her behalf shall obtain the
express authorization of the person or persons
responsible for making the funeral arrangements for
a deceased human body prior to removing a body from
the place of death or any place it may be or
embalming or attempting to embalm a deceased human
body, unless required by State or local law. This
requirement is waived whenever removal or embalming
is directed by local authorities who have
jurisdiction. If the responsibility for the handling
of the remains lawfully falls under the jurisdiction
of a public agency, then the regulations of the
public agency shall prevail.
(B) A licensee shall clearly mark the price of
any casket offered for sale or the price of any
service using the casket on or in the casket if the
casket is displayed at the funeral establishment.
If the casket is displayed at any other location,
regardless of whether the licensee is in control of
that location, the casket shall be clearly marked
and the registrant shall use books, catalogues,
brochures, or other printed display aids to show the
price of each casket or service.
(C) At the time funeral arrangements are made
and prior to rendering the funeral services, a
licensee shall furnish a written statement to be
retained by the person or persons making the funeral
arrangements, signed by both parties, that shall
contain: (i) the name, address and telephone number
of the funeral establishment and the date on which
the arrangements were made; (ii) the price of the
service selected and the services and merchandise
included for that price; (iii) a clear disclosure
that the person or persons making the arrangement
may decline and receive credit for any service or
merchandise not desired and not required by law or
the funeral director or the funeral director and
embalmer; (iv) the supplemental items of service and
merchandise requested and the price of each item;
(v) the terms or method of payment agreed upon; and
(vi) a statement as to any monetary advances made by
the registrant on behalf of the family.
(29) A finding by the Department that the license,
after having his or her license placed on probationary
status or subjected to conditions or restrictions,
violated the terms of the probation or failed to comply
with such terms or conditions.
(30) Violation of any final administrative action
of the Director.
(31) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act
and, upon proof by clear and convincing evidence, being
found to have caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(c) The Department may refuse to issue or renew, or may
suspend, 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.
(Source: P.A. 87-966.)
(225 ILCS 41/15-80)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15-80. Statement of place of practice; roster. 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. The Department shall keep a
record, which shall be open to public inspection at all
reasonable times, of its proceedings relating to the
issuance, refusal, renewal, suspension and revocation of
licenses. This record shall also contain the name, known
place of practice and residence, and the date and number of
the license of every licensed funeral director and embalmer,
licensed funeral director, and licensed funeral director and
embalmer intern trainee in this State.
The Department shall publish an annual list of the names
and addresses of all licensees registered by it under the
provisions of this Code, and of all persons whose licenses
have been suspended or revoked within the past year, together
with other information relative to the enforcement of the
provisions of this Code as it may deem of interest to the
public. One list shall be mailed to each local registrar of
vital statistics upon request by the registrar. Lists shall
also be mailed by the Department to any person in the State
upon request.
(Source: P.A. 87-966.)
(225 ILCS 41/15-90 rep.)
(225 ILCS 41/20-10 rep.)
Section 10. The Funeral Directors and Embalmers
Licensing Code is amended by repealing Sections 15-90 and
20-10.
INDEX
Statutes amended in order of appearance
225 ILCS 41/1-10
225 ILCS 41/1-15
225 ILCS 41/1-20
225 ILCS 41/5-10
225 ILCS 41/5-15
225 ILCS 41/5-25
225 ILCS 41/10-5
225 ILCS 41/10-10
225 ILCS 41/10-15
225 ILCS 41/10-30
225 ILCS 41/10-35
225 ILCS 41/10-40
225 ILCS 41/15-5 from Ch. 111, par. 2825
225 ILCS 41/15-15
225 ILCS 41/15-55
225 ILCS 41/15-75
225 ILCS 41/15-80
225 ILCS 41/15-90 rep.
225 ILCS 41/20-10 rep.