Public Act 90-0050 of the 90th General Assembly
Public Act 90-0050
HB0955 Enrolled LRB9002981DPcc
AN ACT to amend the Funeral Directors and Embalmers
Licensing Code by changing Sections 5-15 and 10-35.
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 5-15 and 10-35 as
follows:
(225 ILCS 41/5-15)
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 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., National Funeral Directors
Association, 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. While on
inactive status, the licensee shall only be required to pay a
single fee, established by the Department, to have his or her
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 Act.
(Source: P.A. 87-966.)
(225 ILCS 41/10-35)
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 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 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 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
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, 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 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., National Funeral Directors Association,
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. 87-966.)