Bill Text: IL HB4313 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4313 Detail]
Download: Illinois-2011-HB4313-Amended.html
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4313 Detail]
Download: Illinois-2011-HB4313-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4313
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2 | AMENDMENT NO. ______. Amend House Bill 4313 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.23 and by adding Section 4.33 as follows:
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6 | (5 ILCS 80/4.23)
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7 | Sec. 4.23. Acts and Sections repealed on January 1,
2013. | ||||||
8 | The following Acts and Sections of Acts are
repealed on January | ||||||
9 | 1, 2013:
| ||||||
10 | The Dietetic and Nutrition Services Practice Act.
| ||||||
11 | The Elevator Safety and Regulation Act.
| ||||||
12 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
13 | of 2011. | ||||||
14 | The Funeral Directors and Embalmers Licensing Code.
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15 | The Naprapathic Practice Act.
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16 | The Professional Counselor and Clinical Professional |
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| |||||||
1 | Counselor
Licensing Act.
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2 | The Wholesale Drug Distribution Licensing Act.
| ||||||
3 | Section 2.5 of the Illinois Plumbing License Law.
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4 | (Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
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5 | (5 ILCS 80/4.33 new) | ||||||
6 | Sec. 4.33. Act repealed on January 1,
2023. The following | ||||||
7 | Act is
repealed on January 1, 2023: | ||||||
8 | The Funeral Directors and Embalmers Licensing Code.
| ||||||
9 | Section 5. The Funeral Directors and Embalmers Licensing | ||||||
10 | Code is amended by changing Sections 1-5, 1-10, 1-15, 1-20, | ||||||
11 | 1-30, 5-5, 5-10, 5-15, 5-20, 10-5, 10-20, 10-30, 10-35, 15-5, | ||||||
12 | 15-15, 15-16, 15-20, 15-21, 15-22, 15-25, 15-40, 15-41, 15-45, | ||||||
13 | 15-46, 15-50, 15-65, 15-70, 15-75, 15-76, 15-77, 15-80, 15-85, | ||||||
14 | 15-91, and 20-15 and by adding Sections 5-18, 10-38, 10-43, | ||||||
15 | 15-18, 15-19, and 15-115 as follows:
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16 | (225 ILCS 41/1-5)
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17 | (Section scheduled to be repealed on January 1, 2013)
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18 | Sec. 1-5. Legislative intent. The practice of funeral | ||||||
19 | directing and
embalming in the State of Illinois is declared to | ||||||
20 | be a practice affecting the
public health, safety and welfare | ||||||
21 | and subject to regulation and control in the
public interest. | ||||||
22 | It is further declared to be a matter of public interest and
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23 | concern that the preparation, care and final disposition |
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1 | disposal of a deceased human body
be attended with appropriate | ||||||
2 | observance and understanding, having due regard
and respect for | ||||||
3 | the reverent care of the human body and for those bereaved and
| ||||||
4 | the overall spiritual dignity of every person man . It is | ||||||
5 | further a matter of public interest
that the practice of | ||||||
6 | funeral directing and embalming as defined in this Code
merit | ||||||
7 | and receive the confidence of the public and that only | ||||||
8 | qualified persons
be authorized to practice funeral directing | ||||||
9 | and embalming in the State of
Illinois. This Code shall be | ||||||
10 | liberally construed to best carry out these
subjects and | ||||||
11 | purposes.
| ||||||
12 | (Source: P.A. 87-966 .)
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13 | (225 ILCS 41/1-10) | ||||||
14 | (Section scheduled to be repealed on January 1, 2013) | ||||||
15 | Sec. 1-10. Definitions. As used in this Code: | ||||||
16 | "Address of record" means the designated address recorded | ||||||
17 | by the Department in the applicant's or licensee's application | ||||||
18 | file or license file. It is the duty of the applicant or | ||||||
19 | licensee to inform the Department of any changes of address and | ||||||
20 | those changes must be made either through the Department's | ||||||
21 | website or by contacting the Department. | ||||||
22 | "Alkaline hydrolysis" means the reduction of a dead human | ||||||
23 | body to essential elements through exposure to a combination of | ||||||
24 | heat and alkaline hydrolysis and the repositioning or movement | ||||||
25 | of the body during the process to facilitate reduction, the |
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1 | processing of the remains after removal from the alkaline | ||||||
2 | hydrolysis chamber, placement of the processed remains in a | ||||||
3 | remains container, and release of the remains to an appropriate | ||||||
4 | party. Alkaline hydrolysis is a form of final disposition. | ||||||
5 | "Applicant" means any person making application for a | ||||||
6 | license or
certificate of registration . Any applicants | ||||||
7 | applicant or people any person who hold holds themselves | ||||||
8 | himself out as applicants are an applicant is considered | ||||||
9 | licensees a licensee for purposes of enforcement, | ||||||
10 | investigation, hearings, and the Illinois Administrative | ||||||
11 | Procedure Act. | ||||||
12 | "Board" means the Funeral Directors and Embalmers | ||||||
13 | Licensing and
Disciplinary Board. | ||||||
14 | "Certificate of Death" means a certificate of death as | ||||||
15 | referenced in the Illinois Vital Records Act. | ||||||
16 | "Department" means the Department of Financial and | ||||||
17 | Professional Regulation. | ||||||
18 | "Funeral director and embalmer" means a person who is
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19 | licensed and qualified to practice funeral directing and to | ||||||
20 | prepare,
disinfect and preserve dead human bodies by the | ||||||
21 | injection or external
application of antiseptics, | ||||||
22 | disinfectants or preservative fluids and
materials and to use | ||||||
23 | derma surgery or plastic art for the restoring of
mutilated | ||||||
24 | features. It further means a person who restores the remains of
| ||||||
25 | a person for the purpose of funeralization whose organs or bone | ||||||
26 | or tissue
has been donated for anatomical purposes. |
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1 | "Funeral director and embalmer intern" means a person
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2 | licensed by the Department State
who is qualified to render | ||||||
3 | assistance to a funeral director and embalmer in
carrying out | ||||||
4 | the practice of funeral directing and embalming under the
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5 | supervision of the funeral director and embalmer. | ||||||
6 | "Embalming" means the process of sanitizing and chemically | ||||||
7 | treating
a deceased human body in order to reduce the presence | ||||||
8 | and growth of
microorganisms, to retard organic decomposition, | ||||||
9 | to render the remains safe
to handle while retaining | ||||||
10 | naturalness of tissue, and to restore an
acceptable physical | ||||||
11 | appearance for funeral viewing purposes. | ||||||
12 | "Funeral director" means a person, known by the title of | ||||||
13 | "funeral
director" or other similar words or titles, licensed | ||||||
14 | by the Department State who
practices funeral directing. | ||||||
15 | "Funeral establishment", "funeral chapel", "funeral home", | ||||||
16 | or
"mortuary" means a building or separate portion of a | ||||||
17 | building having a
specific street address or location and | ||||||
18 | devoted to activities relating to
the shelter, care, custody | ||||||
19 | and preparation of a deceased human body and
which may contain | ||||||
20 | facilities for funeral or wake services. | ||||||
21 | "Licensee" means a person licensed under this Code as a | ||||||
22 | funeral director, funeral director and embalmer, or funeral | ||||||
23 | director and embalmer intern. Anyone who holds himself or | ||||||
24 | herself out as a licensee or who is accused of unlicensed | ||||||
25 | practice is considered a licensee for purposes of enforcement, | ||||||
26 | investigation, hearings, and the Illinois Administrative |
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1 | Procedure Act. | ||||||
2 | "Owner" means the individual, partnership, corporation, | ||||||
3 | limited liability company, association,
trust, estate, or | ||||||
4 | agent thereof, or other person or combination of
persons who | ||||||
5 | owns a funeral establishment or funeral business. | ||||||
6 | "Person" means any individual, partnership, association, | ||||||
7 | firm,
corporation, limited liability company, trust or estate, | ||||||
8 | or other entity. "Person" includes both natural persons and | ||||||
9 | legal entities. | ||||||
10 | "Secretary" means the Secretary of Financial and | ||||||
11 | Professional Regulation. | ||||||
12 | (Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.)
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13 | (225 ILCS 41/1-15) | ||||||
14 | (Section scheduled to be repealed on January 1, 2013) | ||||||
15 | Sec. 1-15. Funeral directing; definition. Conducting
or | ||||||
16 | engaging in or representing or holding out oneself as
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17 | conducting or engaged in any one or any combination of the | ||||||
18 | following
practices constitutes the practice of funeral | ||||||
19 | directing: | ||||||
20 | (a) The practice of preparing, otherwise than by | ||||||
21 | embalming, for the
burial, cremation, or disposition | ||||||
22 | disposal and directing and supervising the burial or | ||||||
23 | disposition
disposal of deceased human remains or | ||||||
24 | performing any act or service in
connection with the | ||||||
25 | preparing of dead human bodies. Preparation,
direction, |
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1 | and supervision shall not be construed to mean those | ||||||
2 | functions
normally performed by cemetery and crematory | ||||||
3 | personnel. | ||||||
4 | (b) The practice of operating a place for preparing for | ||||||
5 | the disposition
of deceased human bodies or for caring for | ||||||
6 | deceased human
bodies before their disposition. Nothing in | ||||||
7 | this Code shall prohibit
the ownership and management of | ||||||
8 | such a place by an unlicensed owner
if the place is | ||||||
9 | operated in accordance with this Code and the unlicensed | ||||||
10 | owner
does not engage in any form of funeral directing. | ||||||
11 | (c) The removal of a deceased human body from its place | ||||||
12 | of death,
institution, or other location. A licensed | ||||||
13 | funeral director and embalmer intern may remove a deceased | ||||||
14 | human body from its place of death, institution, or other | ||||||
15 | location without another licensee being present. The | ||||||
16 | licensed funeral director may engage
others who are not | ||||||
17 | licensed funeral directors, licensed funeral director and | ||||||
18 | embalmers, or licensed funeral director and embalmer | ||||||
19 | interns to assist in the removal if the
funeral director | ||||||
20 | provides general supervision. General supervision involves | ||||||
21 | the licensee directing and instructing the unlicensed | ||||||
22 | person directs and instructs them in handling and | ||||||
23 | precautionary
procedures and accompanies them on all | ||||||
24 | calls . The transportation of deceased
human remains to a | ||||||
25 | cemetery, crematory or other place of final disposition
| ||||||
26 | shall be under the immediate direct supervision of a |
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1 | licensee unless otherwise
permitted by this Section. | ||||||
2 | Immediate, direct supervision involves the licensee being | ||||||
3 | physically present during the transportation of the | ||||||
4 | deceased human remains. The transportation of deceased | ||||||
5 | human remains that
are embalmed or otherwise prepared and | ||||||
6 | enclosed in an appropriate container to
some other place | ||||||
7 | that is not the place of final disposition, such as another
| ||||||
8 | funeral home or common carrier, or to a facility that | ||||||
9 | shares common
ownership with the transporting funeral home | ||||||
10 | may be performed under the
general supervision of a | ||||||
11 | licensee, but the supervision need not be immediate
or | ||||||
12 | direct. The transportation of deceased human remains that | ||||||
13 | have been donated pursuant to the Illinois Anatomical Gift | ||||||
14 | Act to any authorized donee under that Act shall be | ||||||
15 | performed under the immediate direct supervision of a | ||||||
16 | licensee. Nothing in this Section shall apply to organs or | ||||||
17 | tissue donated pursuant to the Illinois Anatomical Gift | ||||||
18 | Act. | ||||||
19 | (d) The administering and conducting of, or assuming | ||||||
20 | responsibility for
administering and conducting of, at | ||||||
21 | need funeral arrangements. | ||||||
22 | (e) The assuming custody of, transportation, providing | ||||||
23 | shelter,
protection and care and disposition of deceased | ||||||
24 | human remains and the
furnishing of necessary funeral | ||||||
25 | services, facilities and equipment. | ||||||
26 | (f) Using in connection with a name or practice the |
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| |||||||
1 | word "funeral
director", "undertaker", "mortician", | ||||||
2 | "funeral home", "funeral parlor",
"funeral chapel", or any | ||||||
3 | other title implying that the person is engaged in the
| ||||||
4 | practice of funeral directing. | ||||||
5 | Within the existing scope of the practice of funeral | ||||||
6 | directing or funeral directing and embalming, only a licensed | ||||||
7 | funeral director, a licensed funeral director and embalmer, or | ||||||
8 | a licensed funeral director and embalmer intern under the | ||||||
9 | restrictions provided for in this Code, and not any other | ||||||
10 | person employed or contracted by the licensee, may engage in | ||||||
11 | the following activities at-need: (1) have direct contact with | ||||||
12 | consumers and explain funeral or burial merchandise or services | ||||||
13 | or (2) negotiate, develop, or finalize contracts with | ||||||
14 | consumers. This paragraph shall not be construed or enforced in | ||||||
15 | such a manner as to limit the functions of persons regulated | ||||||
16 | under the Illinois Funeral or Burial Funds Act, the Illinois | ||||||
17 | Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the | ||||||
18 | Cemetery Care Act, the Cemetery Association Act, the Illinois | ||||||
19 | Insurance Code, or any other related professional regulatory | ||||||
20 | Act. | ||||||
21 | The practice of funeral directing shall not include the
| ||||||
22 | phoning in of obituary notices, ordering of flowers for the | ||||||
23 | funeral,
or reporting of prices on the firm's general price | ||||||
24 | list as required
by the Federal Trade Commission Funeral Rule | ||||||
25 | by nonlicensed
persons, or like
clerical tasks incidental to | ||||||
26 | the act of making funeral arrangements. |
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| |||||||
1 | The making of funeral arrangements, at need, shall be done | ||||||
2 | only by
licensed funeral directors or licensed funeral | ||||||
3 | directors and embalmers. Licensed funeral director and | ||||||
4 | embalmer interns may, however, assist or participate in the | ||||||
5 | arrangements under the direct supervision of a licensed funeral | ||||||
6 | director or licensed funeral director and embalmer. | ||||||
7 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
8 | (225 ILCS 41/1-20) | ||||||
9 | (Section scheduled to be repealed on January 1, 2013) | ||||||
10 | Sec. 1-20. Funeral directing and embalming; definition. | ||||||
11 | "The practice of
funeral directing and embalming" means: | ||||||
12 | (a) The practice of preparing, otherwise than by | ||||||
13 | embalming, for the
burial, cremation, or disposition | ||||||
14 | disposal and directing and supervising the burial or | ||||||
15 | disposition
disposal of deceased human remains or | ||||||
16 | performing any act or service in
connection with the | ||||||
17 | preparing of dead human bodies. Preparation may include the | ||||||
18 | removal of medical devices. Preparation,
direction, and | ||||||
19 | supervision shall not be construed to mean those functions
| ||||||
20 | normally performed by cemetery and crematory personnel. | ||||||
21 | (b) The practice of operating a place for preparing for | ||||||
22 | the disposition
of deceased human bodies or for caring for | ||||||
23 | deceased human
bodies before their disposition. Nothing in | ||||||
24 | this Code shall prohibit
the ownership and management of | ||||||
25 | such a place by an unlicensed owner if the
place is |
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| |||||||
1 | operated in accordance with this Code and the unlicensed | ||||||
2 | owner does
not engage in any form of funeral directing and | ||||||
3 | embalming. | ||||||
4 | (c) The removal of a deceased human body from its place | ||||||
5 | of death,
institution or other location. A licensed funeral | ||||||
6 | director and embalmer
intern may remove a deceased human | ||||||
7 | body from its place of
death, institution, or other | ||||||
8 | location without another licensee being present.
The | ||||||
9 | licensed funeral director and embalmer may engage others | ||||||
10 | who are not
licensed funeral directors and embalmers, | ||||||
11 | licensed funeral directors, or licensed funeral director | ||||||
12 | and embalmer
interns to assist in the removal if
the | ||||||
13 | funeral director and embalmer provides general | ||||||
14 | supervision. General supervision involves the licensee | ||||||
15 | directing and instructing the unlicensed person directs | ||||||
16 | and instructs them in handling and
precautionary | ||||||
17 | procedures and accompanies them on all calls . The | ||||||
18 | transportation
of deceased human remains to a cemetery, | ||||||
19 | crematory or other place of final
disposition shall be | ||||||
20 | under the immediate, direct supervision of a licensee
| ||||||
21 | unless otherwise permitted by this Section. Immediate, | ||||||
22 | direct supervision involves the licensee being physically | ||||||
23 | present during the transportation of the deceased human | ||||||
24 | remains. The transportation of deceased
human remains that | ||||||
25 | are embalmed or otherwise prepared and enclosed in an
| ||||||
26 | appropriate container to some other place that is not the |
| |||||||
| |||||||
1 | place of final
disposition, such as another funeral home or | ||||||
2 | common carrier, or to a facility
that shares common | ||||||
3 | ownership with the transporting funeral home may be
| ||||||
4 | performed under the general supervision of a licensee, but | ||||||
5 | the supervision need
not be immediate or direct. The | ||||||
6 | transportation of deceased human remains that have been | ||||||
7 | donated pursuant to the Illinois Anatomical Gift Act to any | ||||||
8 | authorized donee under that Act shall be performed under | ||||||
9 | the immediate direct supervision of a licensee. Nothing in | ||||||
10 | this Section shall apply to organs or tissue donated | ||||||
11 | pursuant to the Illinois Anatomical Gift Act. | ||||||
12 | (d) The administering and conducting of, or assuming | ||||||
13 | responsibility for
administering and conducting of, at | ||||||
14 | need funeral arrangements. | ||||||
15 | (e) The assuming custody of, transportation, providing | ||||||
16 | shelter,
protection and care and disposition of deceased | ||||||
17 | human remains and the
furnishing of necessary funeral | ||||||
18 | services, facilities and equipment. | ||||||
19 | (f) Using in connection with a name or practice the | ||||||
20 | word "funeral
director and embalmer", "embalmer", "funeral | ||||||
21 | director", "undertaker",
"mortician", "funeral home", | ||||||
22 | "funeral parlor", "funeral chapel", or any
other title | ||||||
23 | implying that the person is engaged in the practice
of | ||||||
24 | funeral directing and embalming. | ||||||
25 | (g) The practice of embalming or alkaline hydrolysis or | ||||||
26 | representing or holding out oneself as engaged in
the |
| |||||||
| |||||||
1 | practice of embalming or alkaline hydrolysis of deceased | ||||||
2 | human bodies or the transportation of
human bodies deceased | ||||||
3 | of a contagious or infectious disease. Any licensee | ||||||
4 | practicing alkaline hydrolysis must comply with all local, | ||||||
5 | State, and federal laws regarding the procedure. | ||||||
6 | Within the existing scope of the practice of funeral | ||||||
7 | directing or funeral directing and embalming, only a licensed | ||||||
8 | funeral director, a licensed funeral director and embalmer, or | ||||||
9 | a licensed funeral director and embalmer intern under the | ||||||
10 | restrictions provided for in this Code, and not any other | ||||||
11 | person employed or contracted by the licensee, may engage in | ||||||
12 | the following activities at-need: (1) have direct contact with | ||||||
13 | consumers and explain funeral or burial merchandise or services | ||||||
14 | or (2) negotiate, develop, or finalize contracts with | ||||||
15 | consumers. This paragraph shall not be construed or enforced in | ||||||
16 | such a manner as to limit the functions of persons regulated | ||||||
17 | under the Illinois Funeral or Burial Funds Act, the Illinois | ||||||
18 | Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the | ||||||
19 | Cemetery Care Act, the Cemetery Association Act, the Illinois | ||||||
20 | Insurance Code, or any other related professional regulatory | ||||||
21 | Act. | ||||||
22 | The practice of funeral directing and embalming shall not
| ||||||
23 | include the phoning in of obituary notices, ordering of flowers | ||||||
24 | for the
funeral, or reporting of prices on the firm's general | ||||||
25 | price list as
required by the Federal Trade Commission Funeral | ||||||
26 | Rule by
nonlicensed persons,
or like clerical tasks incidental |
| |||||||
| |||||||
1 | to the act of making funeral arrangements. | ||||||
2 | The making of funeral arrangements, at need, shall be done | ||||||
3 | only by
licensed funeral directors or licensed funeral | ||||||
4 | directors and embalmers.
Licensed funeral director and | ||||||
5 | embalmer interns may, however,
assist or
participate in the | ||||||
6 | arrangements under the direct supervision of a licensed funeral | ||||||
7 | director or licensed funeral director and embalmer. | ||||||
8 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
9 | (225 ILCS 41/1-30) | ||||||
10 | (Section scheduled to be repealed on January 1, 2013) | ||||||
11 | Sec. 1-30. Powers of the Department. Subject to the | ||||||
12 | provisions of this Code, the Department may exercise the | ||||||
13 | following powers: | ||||||
14 | (1) To authorize examinations to ascertain the | ||||||
15 | qualifications and fitness of applicants for licensing as a | ||||||
16 | licensed funeral director and embalmer and pass upon the | ||||||
17 | qualifications of applicants for licensure. | ||||||
18 | (2) To examine the records of a licensed funeral director | ||||||
19 | or licensed funeral director and embalmer from any year or any | ||||||
20 | other aspect of funeral directing and embalming as the | ||||||
21 | Department deems appropriate. | ||||||
22 | (3) To investigate any and all funeral directing and | ||||||
23 | embalming activity. | ||||||
24 | (4) To conduct hearings on proceedings to refuse to issue | ||||||
25 | or renew licenses or to revoke, suspend, place on probation, |
| |||||||
| |||||||
1 | reprimand, or otherwise discipline a license under this Code or | ||||||
2 | take other non-disciplinary action. | ||||||
3 | (5) To adopt all necessary and reasonable rules and | ||||||
4 | regulations for the effective required for the administration | ||||||
5 | of this Code. | ||||||
6 | (6) To prescribe forms to be issued for the administration | ||||||
7 | and enforcement of this Code. | ||||||
8 | (7) To maintain rosters of the names and addresses of all | ||||||
9 | licensees and all persons whose licenses have been suspended, | ||||||
10 | revoked, denied renewal, or otherwise disciplined within the | ||||||
11 | previous calendar year. These rosters shall be available upon | ||||||
12 | written request and payment of the required fee as established | ||||||
13 | by rule. | ||||||
14 | (8) To contract with third parties for services necessary | ||||||
15 | for the proper administration of this Code including, without | ||||||
16 | limitation, investigators with the proper knowledge, training, | ||||||
17 | and skills to properly inspect funeral homes and investigate | ||||||
18 | complaints under this Code.
| ||||||
19 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
20 | (225 ILCS 41/5-5)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
22 | Sec. 5-5. License requirement. It is unlawful for any | ||||||
23 | person to
practice, or to attempt to practice, funeral | ||||||
24 | directing without a
license as a funeral director issued by the | ||||||
25 | Department.
|
| |||||||
| |||||||
1 | No person shall practice funeral directing who
does not | ||||||
2 | have a fixed place of practice or establishment devoted to the
| ||||||
3 | care and preparation for burial or for transportation of | ||||||
4 | deceased human
bodies, or who is not regularly employed in a | ||||||
5 | fixed place of
practice or establishment.
| ||||||
6 | No person shall practice funeral directing independently | ||||||
7 | at the fixed
place of practice or establishment of another | ||||||
8 | licensee unless that
person's name is published and displayed | ||||||
9 | at all
times in connection therewith.
| ||||||
10 | (Source: P.A. 87-966 .)
| ||||||
11 | (225 ILCS 41/5-10) | ||||||
12 | (Section scheduled to be repealed on January 1, 2013) | ||||||
13 | Sec. 5-10. Funeral director license; display. Every holder | ||||||
14 | of a license as a funeral director shall
display it in a | ||||||
15 | conspicuous place in the licensee's place of
practice or in the | ||||||
16 | place of practice in which the licensee is
employed or | ||||||
17 | contracted. If , in case the licensee is engaged in funeral
| ||||||
18 | directing at more than one place of practice, then in the | ||||||
19 | licensee's principal
place of practice or the principal place | ||||||
20 | of practice of
the licensee's employer and a copy of the | ||||||
21 | license shall be displayed in a conspicuous place at all other | ||||||
22 | places of practice. | ||||||
23 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
24 | (225 ILCS 41/5-15) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2013) | ||||||
2 | Sec. 5-15. Renewal; reinstatement; restoration Expiration | ||||||
3 | and renewal; inactive status; continuing
education . The | ||||||
4 | expiration date and renewal period for each
license issued | ||||||
5 | under this Article shall be set by rule. The holder of a
| ||||||
6 | license as a licensed funeral director may renew the license | ||||||
7 | during the month
preceding the expiration date of the license | ||||||
8 | by paying the required fee. A
licensed funeral director whose | ||||||
9 | license has expired may have the license
reinstated within 5 | ||||||
10 | years from the date of expiration upon payment of the
required | ||||||
11 | reinstatement fee. The reinstatement shall be effective as of | ||||||
12 | the
date of reissuance of the license. | ||||||
13 | Any licensed funeral director whose license has
been | ||||||
14 | expired for more than 5 years may have the license restored
| ||||||
15 | only by fulfilling the requirements of the Department's rules | ||||||
16 | and by
paying the required restoration fee.
However, any | ||||||
17 | licensed funeral director whose license has expired while he or
| ||||||
18 | she has been engaged (1) in federal service on active duty with | ||||||
19 | the United States Army, Navy, Marine Corps, Air Force, or
Coast | ||||||
20 | Guard, or the State Militia called into the service or training | ||||||
21 | of the
United States of America or (2) in training or education | ||||||
22 | under the supervision
of the United States preliminary to | ||||||
23 | induction into the military service may
have his or her license | ||||||
24 | restored without paying any lapsed renewal fees or
restoration | ||||||
25 | fee or without passing any examination if, within 2 years after
| ||||||
26 | termination of the service, training or education other than by |
| |||||||
| |||||||
1 | dishonorable
discharge, he or she furnishes the Department with | ||||||
2 | an affidavit to the effect
that he or she has been so engaged | ||||||
3 | and that his or her service, training or
education has
been so | ||||||
4 | terminated. | ||||||
5 | In addition to any other requirement for renewal of a | ||||||
6 | license or
reinstatement or restoration of an expired license, | ||||||
7 | as a condition for the renewal, reinstatement, or restoration | ||||||
8 | of a
license as a licensed funeral director, each licensee | ||||||
9 | shall provide
evidence to the Department of completion of at | ||||||
10 | least 12 hours of continuing
education during the 24 months | ||||||
11 | preceding the expiration date of
the license, or in the case of | ||||||
12 | reinstatement or restoration, during the 24 months
preceding | ||||||
13 | application for reinstatement or restoration. The continuing | ||||||
14 | education
sponsors shall be approved by the
Board. In addition, | ||||||
15 | any qualified continuing education course for funeral
| ||||||
16 | directors 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 | Association, Inc., Illinois Cemetery and Funeral Home | ||||||
21 | Association,
National Funeral Directors
Association, Selected | ||||||
22 | Independent Funeral Homes, National Funeral Directors
and | ||||||
23 | Morticians Association, Inc., International Order of the | ||||||
24 | Golden Rule,
or an Illinois school of mortuary science
shall be | ||||||
25 | accepted toward satisfaction of the continuing
education | ||||||
26 | requirements. |
| |||||||
| |||||||
1 | The Department shall establish by rule a means for | ||||||
2 | verification of
completion of the continuing education | ||||||
3 | required by this Section. This
verification may be accomplished | ||||||
4 | through audits of records maintained by
licensees, by requiring | ||||||
5 | the filing of continued education certificates
with the | ||||||
6 | Department or a qualified organization selected by the | ||||||
7 | Department
to maintain these records, or by other means | ||||||
8 | established by the Department. | ||||||
9 | Except as otherwise provided in this paragraph, a A person | ||||||
10 | who is licensed as a funeral director under this Code and who | ||||||
11 | has
engaged in the practice of funeral directing for at least | ||||||
12 | 40 years shall be
exempt from the continuing education | ||||||
13 | requirements of this Section. Licensees who have not engaged in | ||||||
14 | the practice of funeral directing for at least 40 years by | ||||||
15 | January 1, 2016 shall not receive this exemption after that | ||||||
16 | date. In
addition,
the Department shall establish by rule an | ||||||
17 | exemption or exception, for a limited period of time, for
| ||||||
18 | funeral directors who, by reason of advanced age, health or | ||||||
19 | other extreme
condition should reasonably be excused from the | ||||||
20 | continuing education
requirement upon the approval of the | ||||||
21 | Secretary. Those persons, identified above, who cannot attend | ||||||
22 | on-site classes,
shall have the opportunity to comply by | ||||||
23 | completing home study courses
designed for them by sponsors. | ||||||
24 | Any funeral director who notifies the Department in writing | ||||||
25 | on forms
prescribed by the Department may elect to place his or | ||||||
26 | her license on an
inactive status and shall, subject to rules |
| |||||||
| |||||||
1 | of the Department, be excused from payment of renewal fees and | ||||||
2 | completion of continuing education
requirements until he or she | ||||||
3 | notifies the Department in writing of an intent to
restore or | ||||||
4 | reinstate the license to active status. Any
licensee
requesting | ||||||
5 | restoration or reinstatement from inactive status shall notify | ||||||
6 | the Department as
provided by rule of the Department and pay | ||||||
7 | the fee required by the
Department for restoration or | ||||||
8 | reinstatement of the license. Any licensee whose license is on
| ||||||
9 | inactive status shall not practice in the State of Illinois. | ||||||
10 | Practice on a license that has lapsed or been placed in
| ||||||
11 | inactive status is practicing without a license and a violation | ||||||
12 | of this
Code. | ||||||
13 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
14 | (225 ILCS 41/5-18 new) | ||||||
15 | Sec. 5-18. Inactive status. | ||||||
16 | (a) 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, | ||||||
19 | subject to rules of the Department, be excused from payment of | ||||||
20 | renewal fees and completion of continuing education | ||||||
21 | requirements until he or she notifies the Department in writing | ||||||
22 | of an intent to restore or reinstate the license to active | ||||||
23 | status. | ||||||
24 | (b) Any licensee who has permitted his or her license to | ||||||
25 | expire or who has had his or her license on inactive status may |
| |||||||
| |||||||
1 | have the license restored by making application to the | ||||||
2 | Department, by filing proof acceptable to the Department of his | ||||||
3 | or her fitness to have the license restored, and by paying the | ||||||
4 | required fees. Proof of fitness may include sworn evidence | ||||||
5 | certifying to active lawful practice in another jurisdiction. | ||||||
6 | If the licensee has not maintained an active practice in | ||||||
7 | another jurisdiction satisfactory to the Department, then the | ||||||
8 | Department shall determine by an evaluation program, | ||||||
9 | established by rule, his or her fitness for restoration of the | ||||||
10 | license and shall establish procedures and requirements for | ||||||
11 | restoration. Any licensee whose license is on inactive status | ||||||
12 | shall not practice in the State. | ||||||
13 | (c) Any licensee whose license is on inactive status or in | ||||||
14 | a non-renewed status shall not engage in the practice of | ||||||
15 | funeral directing in the State or use the title or advertise | ||||||
16 | that he or she performs the services of a licensed funeral | ||||||
17 | director. Any person violating this Section shall be considered | ||||||
18 | to be practicing without a license and shall be subject to the | ||||||
19 | disciplinary provisions of this Code.
| ||||||
20 | (225 ILCS 41/5-20)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
22 | Sec. 5-20. Disposition of unclaimed cremated remains | ||||||
23 | residual ashes . The holder of a license is
authorized at his or | ||||||
24 | her discretion to effect a final disposition of the unclaimed | ||||||
25 | cremated remains
residual ashes of any cremated human body if |
| |||||||
| |||||||
1 | no person lawfully entitled to the
custody of the ashes makes | ||||||
2 | or has made a proper request for them within one
year of the | ||||||
3 | date of death of the person whose body was cremated.
| ||||||
4 | (Source: P.A. 87-966 .)
| ||||||
5 | (225 ILCS 41/10-5)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
7 | Sec. 10-5. License requirement. It is unlawful for any | ||||||
8 | person to
practice or attempt to practice funeral directing and | ||||||
9 | embalming without
being licensed by the Department.
| ||||||
10 | No person shall practice funeral directing and embalming | ||||||
11 | who does
not have a fixed place of practice or establishment in | ||||||
12 | Illinois devoted to
the care and
preparation for burial or for | ||||||
13 | transportation of deceased human bodies, or
who is not | ||||||
14 | regularly employed in a fixed place of practice or | ||||||
15 | establishment.
| ||||||
16 | No person shall practice funeral directing and embalming | ||||||
17 | independently at
the fixed place of practice or establishment | ||||||
18 | of another licensee unless his
or her name shall be published | ||||||
19 | and displayed at all times in connection
therewith.
| ||||||
20 | No licensed intern shall independently practice funeral
| ||||||
21 | directing and
embalming; however, a licensed funeral director | ||||||
22 | and embalmer intern may under
the immediate personal | ||||||
23 | supervision of a licensed funeral
director and
embalmer assist | ||||||
24 | a licensed funeral director and embalmer in the practice of
| ||||||
25 | funeral directing and embalming.
|
| |||||||
| |||||||
1 | No person shall practice as a funeral director and embalmer
| ||||||
2 | intern unless he or she possesses a valid license in good
| ||||||
3 | standing to do
so in the State of Illinois.
| ||||||
4 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
5 | (225 ILCS 41/10-20)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
7 | Sec. 10-20. Application. Every person who desires to obtain | ||||||
8 | a license under
this Code shall apply to the Department in | ||||||
9 | writing on forms prepared and
furnished by the Department. The | ||||||
10 | application shall contain proof of the
particular | ||||||
11 | qualifications required of the applicant, shall be certified by | ||||||
12 | the
applicant, and shall be accompanied by the required fee. | ||||||
13 | Applicants have 3 years after the date of application to | ||||||
14 | complete the application process. If the process has not been | ||||||
15 | completed in 3 years, then the application shall be denied, the | ||||||
16 | fee shall be forfeited, and the applicant must reapply and meet | ||||||
17 | the requirements in effect at the time of reapplication.
| ||||||
18 | (Source: P.A. 87-966 .)
| ||||||
19 | (225 ILCS 41/10-30) | ||||||
20 | (Section scheduled to be repealed on January 1, 2013) | ||||||
21 | Sec. 10-30. Issuance, display of license. Whenever an | ||||||
22 | applicant has met the
requirements of this Code, the Department | ||||||
23 | shall issue to the applicant a
license as a licensed funeral | ||||||
24 | director and embalmer or licensed funeral
director and embalmer |
| |||||||
| |||||||
1 | intern, as the case may be. | ||||||
2 | Every holder of a license shall display it in a conspicuous | ||||||
3 | place in the
licensee's place of practice or in the place of | ||||||
4 | practice in which the
licensee is employed or contracted . If In | ||||||
5 | case the licensee is engaged in funeral
directing and embalming | ||||||
6 | at more than one place of practice, then the
license shall be | ||||||
7 | displayed in the licensee's principal place of practice
or the | ||||||
8 | principal place of practice of the licensee's employer and a | ||||||
9 | copy of the license shall be displayed in a conspicuous place | ||||||
10 | at all other places of practice. | ||||||
11 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
12 | (225 ILCS 41/10-35) | ||||||
13 | (Section scheduled to be repealed on January 1, 2013) | ||||||
14 | Sec. 10-35. Renewal; reinstatement; restoration ; | ||||||
15 | continuing education . The
expiration date and renewal period | ||||||
16 | for each license issued under this Article
shall be set by | ||||||
17 | rule. The holder of a license as a licensed funeral director
| ||||||
18 | and embalmer or funeral director and embalmer intern may renew
| ||||||
19 | the license
during the month preceding the expiration date of | ||||||
20 | the license by paying the
required fee. A licensed funeral | ||||||
21 | director and embalmer or licensed funeral
director and embalmer | ||||||
22 | trainee whose license has expired may have the license
| ||||||
23 | reinstated within 5 years from the date of expiration upon | ||||||
24 | payment of the
required reinstatement fee and fulfilling the | ||||||
25 | requirements of the Department's
rules. The reinstatement of |
| |||||||
| |||||||
1 | the license is effective as of the date of the
reissuance of | ||||||
2 | the license. | ||||||
3 | Any licensed funeral director and embalmer whose license | ||||||
4 | has been expired
for more than 5 years may have the license | ||||||
5 | restored only by fulfilling the
requirements set forth in the | ||||||
6 | Department's rules and by paying the required
restoration fee. | ||||||
7 | However, any licensed funeral director and embalmer or
licensed | ||||||
8 | funeral director and embalmer intern whose license has
expired | ||||||
9 | while
he or she has been engaged (1) in federal service on | ||||||
10 | active duty with the United States Army,
Navy, Marine Corps, | ||||||
11 | Air Force,
or Coast Guard, or the State Militia called into the | ||||||
12 | service or training of
the United States of America or (2) in | ||||||
13 | training or education under the
supervision of the United | ||||||
14 | States preliminary to induction into the military
service, may | ||||||
15 | have his or her license restored without paying
any lapsed | ||||||
16 | renewal fees or
restoration fee or without passing any | ||||||
17 | examination if, within 2 years after
termination of the | ||||||
18 | service, training or education other than by dishonorable
| ||||||
19 | discharge, he or she furnishes the Department with an
affidavit | ||||||
20 | to the
effect that he or she has been so engaged and that his or | ||||||
21 | her service, training
or education has been so terminated. | ||||||
22 | No license of a funeral director and embalmer intern shall | ||||||
23 | be
renewed more
than twice. | ||||||
24 | In addition to any other requirement for renewal of a | ||||||
25 | license or
reinstatement or restoration of an expired license, | ||||||
26 | as a condition for the renewal,
reinstatement, or restoration |
| |||||||
| |||||||
1 | of a license as a licensed funeral director and embalmer, each
| ||||||
2 | licensee shall provide evidence to the Department of completion | ||||||
3 | of at least 24
hours of continuing education during the 24 | ||||||
4 | months preceding the expiration
date of the license, or in the | ||||||
5 | case of reinstatement or restoration, within the 24 months
| ||||||
6 | preceding the application for reinstatement or restoration. | ||||||
7 | The continuing education sponsors
shall be approved by the | ||||||
8 | Board. In addition, any qualified continuing
education course | ||||||
9 | for funeral directors and embalmers offered by a college,
| ||||||
10 | university, the Illinois Funeral Directors Association, | ||||||
11 | Funeral Directors
Services Association of Greater Chicago, | ||||||
12 | Cook County Association of
Funeral Home Owners, Inc., Illinois | ||||||
13 | Selected Morticians
Associations, Inc., Illinois Cemetery and | ||||||
14 | Funeral Home Association,
National Funeral Directors | ||||||
15 | Association,
Selected Independent Funeral Homes, National | ||||||
16 | Funeral
Directors and Morticians Association, Inc., | ||||||
17 | International Order of the
Golden Rule, or an Illinois school | ||||||
18 | of mortuary
science shall be accepted toward satisfaction of | ||||||
19 | the continuing
education requirements. | ||||||
20 | The Department shall establish by rule a means for | ||||||
21 | verification of
completion of the continuing education | ||||||
22 | required by this Section. This
verification may be accomplished | ||||||
23 | through audits of records maintained by
licensees, by requiring | ||||||
24 | the filing of continued education certificates
with the | ||||||
25 | Department or a qualified organization selected by the | ||||||
26 | Department
to maintain the records, or by other means |
| |||||||
| |||||||
1 | established by the Department. | ||||||
2 | Except as otherwise provided in this paragraph, a A person | ||||||
3 | who is licensed as a funeral director and embalmer under this | ||||||
4 | Code
and who has engaged in the practice of funeral directing | ||||||
5 | and embalming for
at least 40
years shall be exempt from the | ||||||
6 | continuing education requirements of this
Section. Licensees | ||||||
7 | who have not engaged in the practice of funeral directing and | ||||||
8 | embalming for at least 40 years by January 1, 2016 shall not | ||||||
9 | receive this exemption after that date. In addition,
the | ||||||
10 | Department shall establish by rule an exemption or exception, | ||||||
11 | for a limited period of time, for
funeral directors and | ||||||
12 | embalmers who, by reason of advanced age, health or
other | ||||||
13 | extreme condition, should reasonably be excused from the | ||||||
14 | continuing
education requirement upon the approval of the | ||||||
15 | Secretary. Those persons, identified above, who cannot attend
| ||||||
16 | on-site classes, shall have the opportunity to comply by | ||||||
17 | completing home
study courses designed for them by sponsors. | ||||||
18 | Any funeral director and embalmer who notifies the | ||||||
19 | Department in writing
on forms prescribed by the Department, | ||||||
20 | may elect to place his or her license on
an inactive status and | ||||||
21 | shall, subject to rules of the Department, be excused from | ||||||
22 | payment of renewal fees and completion of continuing education
| ||||||
23 | requirements until he or she notifies the Department in writing | ||||||
24 | of an
intent to restore or reinstate the license to active | ||||||
25 | status. While on inactive status,
the licensee shall only be | ||||||
26 | required to pay a single fee, established by the
Department, to |
| |||||||
| |||||||
1 | have the license placed on inactive status. Any licensee
| ||||||
2 | requesting restoration or reinstatement from inactive status | ||||||
3 | shall notify the Department as
provided by rule of the | ||||||
4 | Department and pay the fee required by the
Department for | ||||||
5 | restoration or reinstatement of the license. Any licensee whose | ||||||
6 | license is on
inactive status shall not practice in the State | ||||||
7 | of Illinois. | ||||||
8 | Practice on a license that has lapsed or been placed in | ||||||
9 | inactive status
is practicing without a license and a violation | ||||||
10 | of this Code. | ||||||
11 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
12 | (225 ILCS 41/10-38 new) | ||||||
13 | Sec. 10-38. Inactive status. | ||||||
14 | (a) Any funeral director and embalmer who notifies the | ||||||
15 | Department in writing on forms prescribed by the Department, | ||||||
16 | may elect to place his or her license on an inactive status and | ||||||
17 | shall, subject to rules of the Department, be excused from | ||||||
18 | payment of renewal fees and completion of continuing education | ||||||
19 | requirements until he or she notifies the Department in writing | ||||||
20 | of an intent to restore or reinstate the license to active | ||||||
21 | status. | ||||||
22 | (b) While on inactive status, the licensee shall only be | ||||||
23 | required to pay a single fee, established by the Department, to | ||||||
24 | have the license placed on inactive status. Any licensee who | ||||||
25 | has permitted his or her license to expire or who has had his |
| |||||||
| |||||||
1 | or her license on inactive status may have the license restored | ||||||
2 | by making application to the Department, by filing proof | ||||||
3 | acceptable to the Department of his or her fitness to have the | ||||||
4 | license restored, and by paying the required fees. Proof of | ||||||
5 | fitness may include sworn evidence certifying to active lawful | ||||||
6 | practice in another jurisdiction. If the licensee has not | ||||||
7 | maintained an active practice in another jurisdiction | ||||||
8 | satisfactory to the Department, then the Department shall | ||||||
9 | determine by an evaluation program, established by rule, his or | ||||||
10 | her fitness for restoration of the license and shall establish | ||||||
11 | procedures and requirements for restoration. | ||||||
12 | (c) Any licensee whose license is on inactive status or in | ||||||
13 | a non-renewed status shall not engage in the practice of | ||||||
14 | funeral directing and embalming in the State or use the title | ||||||
15 | or advertise that he or she performs the services of a licensed | ||||||
16 | funeral director and embalmer. Any person violating this | ||||||
17 | Section shall be considered to be practicing without a license | ||||||
18 | and shall be subject to the disciplinary provisions of this | ||||||
19 | Code.
| ||||||
20 | (225 ILCS 41/10-43 new) | ||||||
21 | Sec. 10-43. Endorsement. The Department may issue a | ||||||
22 | funeral director and embalmer license, without the required | ||||||
23 | examination, to an applicant licensed by another state, | ||||||
24 | territory, possession of the United States, or the District of | ||||||
25 | Columbia, if (i) the licensing requirements of that licensing |
| |||||||
| |||||||
1 | authority are, on the date of licensure, substantially equal to | ||||||
2 | the requirements set forth under this Code and (ii) the | ||||||
3 | applicant provides the Department with evidence of good | ||||||
4 | standing from the licensing authority of that jurisdiction. An | ||||||
5 | applicant under this Section shall pay all of the required | ||||||
6 | fees.
| ||||||
7 | (225 ILCS 41/15-5) (from Ch. 111, par. 2825) | ||||||
8 | (Section scheduled to be repealed on January 1, 2013) | ||||||
9 | Sec. 15-5. Funeral Directors and Embalmers Licensing and
| ||||||
10 | Disciplinary Board. A Funeral Directors and Embalmers
| ||||||
11 | Licensing and Disciplinary Board is created and shall
consist | ||||||
12 | of 7 persons, 6 of whom are licensed to
practice funeral | ||||||
13 | directing and embalming in this State, and one who is a
| ||||||
14 | knowledgeable public member. Each member shall be appointed by | ||||||
15 | the Secretary
of the Department . The persons so appointed shall | ||||||
16 | hold their
offices for 4 years and until qualified successors | ||||||
17 | are appointed. All vacancies
occurring shall be filled by the | ||||||
18 | Secretary for the unexpired portion of the term
rendered | ||||||
19 | vacant. No member shall be eligible to serve for more than 2 | ||||||
20 | full
consecutive terms. The Secretary may remove or suspend any | ||||||
21 | member of the Board for cause at any time before the expiration | ||||||
22 | of his or her term. The Secretary shall be the sole arbiter of | ||||||
23 | cause reasons prescribed by law for removal of State officials | ||||||
24 | or for misconduct, incompetence, neglect of duty, or failing to | ||||||
25 | attend 2 consecutive Board meetings. The cause for removal must |
| |||||||
| |||||||
1 | be set forth
in writing . The Board shall annually select a | ||||||
2 | chairman from its membership.
The members of the Board shall be | ||||||
3 | reimbursed for all legitimate and necessary
expenses incurred | ||||||
4 | in attending meetings of the Board. The Board may meet
as often | ||||||
5 | as necessary to perform its duties under this Code, and shall | ||||||
6 | meet
at least once a year in Springfield, Illinois. | ||||||
7 | Four members of the Board shall constitute a quorum. A | ||||||
8 | quorum is required for all Board decisions. | ||||||
9 | The Department shall consider the recommendation of the | ||||||
10 | Board in the development of proposed rules under this Code. | ||||||
11 | Notice of any proposed rulemaking under this Code shall be | ||||||
12 | transmitted to the Board and the Department shall review the | ||||||
13 | response of the Board and any recommendations relating to that | ||||||
14 | rulemaking. | ||||||
15 | The Department shall seek the advice and recommendations of | ||||||
16 | the Board in
connection with any rulemaking or disciplinary | ||||||
17 | actions relating to funeral director and embalmers and funeral | ||||||
18 | director and embalmer interns, including applications
for | ||||||
19 | restoration of revoked licenses. Members of the Board shall be | ||||||
20 | immune from suit in any action based upon any disciplinary | ||||||
21 | proceedings or other activities performed in good faith as | ||||||
22 | members of the Board. The Board shall have 60 days to respond
| ||||||
23 | to a Department request for advice and recommendations. | ||||||
24 | The Department shall adopt all necessary and reasonable | ||||||
25 | rules and regulations
for the effective administration of this | ||||||
26 | Code, and without limiting the
foregoing, the Department shall |
| |||||||
| |||||||
1 | adopt rules and regulations: | ||||||
2 | (1) prescribing a method of examination of candidates; | ||||||
3 | (2) defining what shall constitute a school, college, | ||||||
4 | university,
department of a university or other | ||||||
5 | institution to determine the reputability
and good | ||||||
6 | standing of these institutions by reference to a compliance | ||||||
7 | with the
rules and regulations; however, no school, | ||||||
8 | college, university, department of a
university or other | ||||||
9 | institution that refuses admittance to applicants, solely
| ||||||
10 | on account of race, color, creed, sex or national origin | ||||||
11 | shall be considered
reputable and in good standing; | ||||||
12 | (3) establishing expiration dates and renewal periods | ||||||
13 | for
all licenses; | ||||||
14 | (4) prescribing a method of handling complaints and | ||||||
15 | conducting hearings
on proceedings to take disciplinary | ||||||
16 | action under this Code; and | ||||||
17 | (5) providing for licensure by reciprocity. | ||||||
18 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
19 | (225 ILCS 41/15-15) | ||||||
20 | (Section scheduled to be repealed on January 1, 2013) | ||||||
21 | Sec. 15-15. Complaints; investigations; hearings ; summary | ||||||
22 | suspension of license . The Department may investigate the | ||||||
23 | actions of any applicant or of any person or persons rendering | ||||||
24 | or offering to render services or any person holding or | ||||||
25 | claiming to hold a license under this Code. |
| |||||||
| |||||||
1 | The Department shall, before refusing to issue or renew a | ||||||
2 | license or seeking to discipline a licensee under Section 75 | ||||||
3 | revoking, suspending, placing on probation, reprimanding, or | ||||||
4 | taking any other disciplinary action , at least 30 days before | ||||||
5 | the date set for the hearing, (i) notify the accused in writing | ||||||
6 | of the charges made and the time and place for the hearing on | ||||||
7 | the charges, (ii) direct him or her to file a written answer to | ||||||
8 | the charges under oath within 20 days after the service on him | ||||||
9 | or her of the notice , and (iii) inform the applicant or | ||||||
10 | licensee accused that , failure if he or she fails to answer , | ||||||
11 | shall result in a default being entered will be taken against | ||||||
12 | the applicant or licensee him or her or that his or her license | ||||||
13 | may be suspended, revoked, or placed on probationary status, or | ||||||
14 | other disciplinary action taken with regard to the license, | ||||||
15 | including limiting the scope, nature, or extent of his or her | ||||||
16 | practice, as the Department may consider proper . | ||||||
17 | At the time and place fixed in the notice, the Board or the | ||||||
18 | hearing officer appointed by the Secretary Department shall | ||||||
19 | proceed to hear the charges and the parties or their counsel | ||||||
20 | shall be accorded ample opportunity to present any pertinent | ||||||
21 | statements, testimony, evidence, and arguments. The Board or | ||||||
22 | hearing officer Department may continue the hearing from time | ||||||
23 | to time. In case the person, after receiving the notice, fails | ||||||
24 | to file an answer, his or her license may, in the discretion of | ||||||
25 | the Secretary, having first received the recommendation of the | ||||||
26 | Board Department , be suspended, revoked, or placed on |
| |||||||
| |||||||
1 | probationary status, or be subject to the Department may take | ||||||
2 | whatever disciplinary action the Secretary it considers | ||||||
3 | proper, including limiting the scope, nature, or extent of the | ||||||
4 | person's practice or the imposition of a fine, without a | ||||||
5 | hearing, if the act or acts charged constitute sufficient | ||||||
6 | grounds for that action under this Code. The written notice and | ||||||
7 | any notice in the subsequent proceeding may be served by | ||||||
8 | regular personal delivery or by certified mail to the | ||||||
9 | licensee's address of record specified by the accused in his or | ||||||
10 | her last notification with the Department . | ||||||
11 | The Department has the power
to subpoena and bring before | ||||||
12 | it any person to take oral or written testimony and to compel | ||||||
13 | the production of any books, papers, records, or other | ||||||
14 | documents that the Secretary or his or her designee deems | ||||||
15 | relevant or material to any investigation or hearing conducted | ||||||
16 | by the Department, with the same fees and in the same manner as | ||||||
17 | prescribed in civil cases. The Secretary, the designated | ||||||
18 | hearing officer, and every member of the Board has the power to | ||||||
19 | administer oaths to witnesses at any hearing that the | ||||||
20 | Department is authorized to conduct, and any other oaths | ||||||
21 | authorized in any Act or Code administered by the Department. | ||||||
22 | If the Department determines that
any licensee is guilty of | ||||||
23 | a violation of any of the provisions of this
Code, disciplinary | ||||||
24 | action shall be taken against the licensee.
The Department may | ||||||
25 | take disciplinary action without a formal hearing subject
to | ||||||
26 | Section 10-70 of the Illinois Administrative Procedure Act. |
| |||||||
| |||||||
1 | The Secretary may summarily suspend the license of any | ||||||
2 | person licensed under this Code without a hearing, | ||||||
3 | simultaneously with the institution of proceedings for a | ||||||
4 | hearing provided for in this Section, if the Secretary finds | ||||||
5 | that evidence in the possession of the Secretary indicates that | ||||||
6 | the continuation of practice by the licensee would constitute | ||||||
7 | an imminent danger to the public. In the event that the | ||||||
8 | Secretary summarily suspends the license of an individual | ||||||
9 | without a hearing, a hearing must be held within 30 days after | ||||||
10 | the suspension has occurred and concluded as expeditiously as | ||||||
11 | practical.
| ||||||
12 | (Source: P.A. 96-48, eff. 7-17-09; 96-1463, eff. 1-1-11.)
| ||||||
13 | (225 ILCS 41/15-16) | ||||||
14 | (Section scheduled to be repealed on January 1, 2013) | ||||||
15 | Sec. 15-16. Appointment of a hearing officer. The Secretary | ||||||
16 | has the authority to appoint any attorney licensed to practice | ||||||
17 | law in the State of Illinois to serve as the hearing officer in | ||||||
18 | any action for refusal to issue, restore, or renew a license or | ||||||
19 | to discipline a licensee. The hearing officer has full | ||||||
20 | authority to conduct the hearing. Any Board member may attend | ||||||
21 | hearings.
| ||||||
22 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
23 | (225 ILCS 41/15-18 new) | ||||||
24 | Sec. 15-18. Temporary suspension. The Secretary may |
| |||||||
| |||||||
1 | temporarily suspend the license of a licensee without a | ||||||
2 | hearing, simultaneously with the institution of proceedings | ||||||
3 | for a hearing provided in Section 15-15 of this Code, if the | ||||||
4 | Secretary finds that the public interest, safety, or welfare | ||||||
5 | requires such emergency action. In the event that the Secretary | ||||||
6 | temporarily suspends a license without a hearing before the | ||||||
7 | Board or a duly appointed hearing officer, a hearing shall be | ||||||
8 | held within 30 days after the suspension has occurred. The | ||||||
9 | suspended licensee may seek a continuance of the hearing, | ||||||
10 | during which time the suspension shall remain in effect. The | ||||||
11 | proceeding shall be concluded without appreciable delay. If the | ||||||
12 | Department does not hold a hearing within 30 days after the | ||||||
13 | date of the suspension, then the licensee's license shall be | ||||||
14 | automatically reinstated.
| ||||||
15 | (225 ILCS 41/15-19 new) | ||||||
16 | Sec. 15-19. Consent to Administrative Supervision order. | ||||||
17 | In appropriate cases, the Department may resolve a complaint | ||||||
18 | against a licensee through the issuance of a Consent to | ||||||
19 | Administrative Supervision order. A licensee subject to a | ||||||
20 | Consent to Administrative Supervision order shall be | ||||||
21 | considered by the Department as an active licensee in good | ||||||
22 | standing. This order shall not be reported or considered by the | ||||||
23 | Department to be a discipline of the licensee. The records | ||||||
24 | regarding an investigation and a Consent to Administrative | ||||||
25 | Supervision order shall be considered confidential and shall |
| |||||||
| |||||||
1 | not be released by the Department except as mandated by law. A | ||||||
2 | complainant shall be notified if his or her complaint has been | ||||||
3 | resolved by a Consent to Administrative Supervision order.
| ||||||
4 | (225 ILCS 41/15-20) | ||||||
5 | (Section scheduled to be repealed on January 1, 2013) | ||||||
6 | Sec. 15-20. Transcript; record of proceedings. The
| ||||||
7 | Department, at its expense, shall preserve a record of all | ||||||
8 | proceedings at the
formal hearing of any case. The notice of | ||||||
9 | hearing,
complaint and all other documents in the nature of | ||||||
10 | pleadings and written
motions filed in the proceedings, the | ||||||
11 | transcript of testimony, the report
of the Board or hearing | ||||||
12 | officer, and the orders of the Department shall be the record | ||||||
13 | of
the proceedings. The Department shall furnish a transcript | ||||||
14 | of
the record to any person interested in the hearing upon | ||||||
15 | payment of
the actual cost of making the transcript. | ||||||
16 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
17 | (225 ILCS 41/15-21) | ||||||
18 | (Section scheduled to be repealed on January 1, 2013) | ||||||
19 | Sec. 15-21. Findings and recommendations.
At the | ||||||
20 | conclusion of the hearing, the Board or hearing officer shall | ||||||
21 | present to the Secretary a written report of its findings of | ||||||
22 | fact, conclusions of law, and recommendations. The report shall | ||||||
23 | contain a finding of whether or not the accused person violated | ||||||
24 | this Code or its rules or failed to comply with the conditions |
| |||||||
| |||||||
1 | required in this Code or its rules. The Board shall specify the | ||||||
2 | nature of any violations or failure to comply and shall make | ||||||
3 | its recommendations to the Secretary. In making | ||||||
4 | recommendations for any disciplinary action, the Board may take | ||||||
5 | into consideration all facts and circumstances bearing upon the | ||||||
6 | reasonableness of the conduct of the accused and the potential | ||||||
7 | for future harm to the public, including, but not limited to, | ||||||
8 | previous discipline of the accused by the Department, intent, | ||||||
9 | degree of harm to the public and likelihood of harm in the | ||||||
10 | future, any restitution made by the accused, and whether the | ||||||
11 | incident or incidents contained in the complaint appear to be | ||||||
12 | isolated or represent a continuing pattern of conduct. In | ||||||
13 | making its recommendations for discipline, the Board shall | ||||||
14 | endeavor to ensure that the severity of the discipline | ||||||
15 | recommended is reasonably related to the severity of the | ||||||
16 | violation. | ||||||
17 | The report of findings of fact, conclusions of law, and | ||||||
18 | recommendation of the Board or hearing officer shall be the | ||||||
19 | basis for the Secretary's Department's order refusing to issue, | ||||||
20 | restore, or renew a license, or otherwise disciplining a | ||||||
21 | licensee. If the Secretary disagrees with the recommendations | ||||||
22 | of the Board or hearing officer, the Secretary may issue an | ||||||
23 | order in contravention of the Board or hearing officer's | ||||||
24 | recommendations. The finding is not admissible in evidence | ||||||
25 | against the person in a criminal prosecution brought for a | ||||||
26 | violation of this Code, but the hearing and finding are not a |
| |||||||
| |||||||
1 | bar to a criminal prosecution brought for a violation of this | ||||||
2 | Code.
| ||||||
3 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
4 | (225 ILCS 41/15-22) | ||||||
5 | (Section scheduled to be repealed on January 1, 2013) | ||||||
6 | Sec. 15-22. Rehearing. At the conclusion of the hearing, a | ||||||
7 | copy of the Board or hearing officer's report shall be served | ||||||
8 | upon the applicant or licensee by the Department, either | ||||||
9 | personally or as provided in this Code for the service of a | ||||||
10 | notice of hearing. Within 20 calendar days after service, the | ||||||
11 | applicant or licensee may present to the Department a motion in | ||||||
12 | writing for a rehearing, which shall specify the particular | ||||||
13 | grounds for rehearing. The Department may respond to the motion | ||||||
14 | for rehearing within 20 calendar days after its service on the | ||||||
15 | Department. If no motion for rehearing is filed, then upon the | ||||||
16 | expiration of the time specified for filing such a motion, or | ||||||
17 | if a motion for rehearing is denied, then upon denial, the | ||||||
18 | Secretary may enter an order in accordance with the | ||||||
19 | recommendations of the Board or hearing officer. If the | ||||||
20 | applicant or licensee orders from the reporting service and | ||||||
21 | pays for a transcript of the record within the time for filing | ||||||
22 | a motion for rehearing, the 20-day period within which a motion | ||||||
23 | may be filed shall commence upon the delivery of the transcript | ||||||
24 | to the applicant or licensee. | ||||||
25 | If the Secretary believes that substantial justice has not |
| |||||||
| |||||||
1 | been done in the revocation, suspension, or refusal to issue, | ||||||
2 | restore, or renew a license, or other discipline of an | ||||||
3 | applicant or licensee, he or she may order a rehearing by the | ||||||
4 | same or other hearing officers examiners .
| ||||||
5 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
6 | (225 ILCS 41/15-25)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
8 | Sec. 15-25. Subpoenas; oaths; attendance of witnesses | ||||||
9 | Court order; contempt . | ||||||
10 | (a) The Department may subpoena and bring before it any | ||||||
11 | person to take the oral or written testimony or compel the | ||||||
12 | production of any books, papers, records, or any other | ||||||
13 | documents that the Secretary or his or her designee deems | ||||||
14 | relevant or material to any investigation or hearing conducted | ||||||
15 | by the Department with the same fees and mileage and in the | ||||||
16 | same manner as prescribed in civil cases in the courts of this | ||||||
17 | State. | ||||||
18 | (b) The Secretary, the hearing officer, any member of the | ||||||
19 | Board, or a certified shorthand court reporter may administer | ||||||
20 | oaths at any hearing that the Department conducts. | ||||||
21 | Notwithstanding any other statute or Department rule to the | ||||||
22 | contrary, all requests for testimony, production of documents, | ||||||
23 | or records shall be in accordance with this Code. | ||||||
24 | (c) Any circuit court, upon application of
the applicant, | ||||||
25 | licensee or the Department, may , by order duly entered, require
|
| |||||||
| |||||||
1 | the attendance and testimony of witnesses and the production of | ||||||
2 | relevant documents, files, books , records, and papers in | ||||||
3 | connection with any hearing or investigation. The
before the | ||||||
4 | Department in any hearing relating to the refusal, suspension | ||||||
5 | or
revocation of a license. Upon refusal or neglect to obey the | ||||||
6 | order of the
court, the court may compel compliance with its | ||||||
7 | order by proceedings for
contempt of court.
| ||||||
8 | (Source: P.A. 87-966 .)
| ||||||
9 | (225 ILCS 41/15-40)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
11 | Sec. 15-40. Certification of record; receipt. The | ||||||
12 | Department shall not be
required to certify any record to the | ||||||
13 | court, to file an answer in court, or
otherwise to appear in | ||||||
14 | any court in a judicial review proceeding unless and until the | ||||||
15 | Department has received from the plaintiff payment of the costs | ||||||
16 | of furnishing and certifying the record, which costs shall be | ||||||
17 | determined by the Department.
Exhibits shall be certified | ||||||
18 | without cost. Failure on the part of the Plaintiff
to file a | ||||||
19 | receipt in court is shall be grounds for dismissal of the | ||||||
20 | action.
| ||||||
21 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
22 | (225 ILCS 41/15-41) | ||||||
23 | (Section scheduled to be repealed on January 1, 2013) | ||||||
24 | Sec. 15-41. Order or certified copy; prima facie proof. An |
| |||||||
| |||||||
1 | order or certified copy thereof, over the seal of the | ||||||
2 | Department and purporting to be signed by the Secretary, is | ||||||
3 | prima facie proof that: | ||||||
4 | (1) the signature is the genuine signature of the | ||||||
5 | Secretary; and | ||||||
6 | (2) the Secretary is duly appointed and qualified . ; and | ||||||
7 | (3) the hearing officer is qualified to act.
| ||||||
8 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
9 | (225 ILCS 41/15-45)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
11 | Sec. 15-45. Practice without license; injunction; cease | ||||||
12 | and desist order;
civil penalties. | ||||||
13 | (a) The practice of funeral
directing and embalming or | ||||||
14 | funeral directing by any person who has not been
issued a | ||||||
15 | license by the Department, whose license has been suspended or
| ||||||
16 | revoked, or whose license has not been renewed is hereby | ||||||
17 | declared to be
inimical to the public welfare and to constitute | ||||||
18 | a public nuisance. The Secretary
may, in the name of the People | ||||||
19 | of the State
of Illinois through the Attorney General of the | ||||||
20 | State of Illinois, or the
State's Attorney of any county in | ||||||
21 | which the violation is alleged to have occurred in the State of | ||||||
22 | Illinois, apply for an
injunction in the circuit court to | ||||||
23 | enjoin any person who has not been issued a
license or whose | ||||||
24 | license has been suspended or revoked, or whose license has
not | ||||||
25 | been renewed, from practicing funeral directing and embalming |
| |||||||
| |||||||
1 | or funeral
directing. Upon the filing of a verified complaint | ||||||
2 | in court, the court, if
satisfied by affidavit or otherwise | ||||||
3 | that the person is or has
been practicing funeral directing and | ||||||
4 | embalming or funeral directing without
having been issued a | ||||||
5 | license or after his or her license has been suspended,
| ||||||
6 | revoked, or not renewed, may issue a temporary restraining | ||||||
7 | order or preliminary
injunction, without notice or bond, | ||||||
8 | enjoining the defendant from further
practicing funeral | ||||||
9 | directing and embalming or funeral directing. A copy of the
| ||||||
10 | verified complaint shall be served upon the defendant and the | ||||||
11 | proceedings shall
thereafter be conducted as in other civil | ||||||
12 | cases. If it is established that the
defendant has been or is | ||||||
13 | practicing funeral directing and embalming or funeral
| ||||||
14 | directing without having been issued a license or has been or | ||||||
15 | is practicing
funeral directing and embalming or funeral | ||||||
16 | directing after his or her license
has been suspended, revoked, | ||||||
17 | or not renewed, the court may enter a judgment
perpetually | ||||||
18 | enjoining the defendant from further practicing funeral | ||||||
19 | directing
and embalming or funeral directing. In case of | ||||||
20 | violation of any injunction
entered under this Section, the | ||||||
21 | court may summarily try and punish the offender
for contempt of | ||||||
22 | court. Any injunction proceeding shall be in addition to, and
| ||||||
23 | not in lieu of, all penalties and other remedies in this Code.
| ||||||
24 | (b) Whenever, in the opinion of the Department, any person | ||||||
25 | or other entity
violates any provision of this Code, the | ||||||
26 | Department may issue a notice to show
cause why an order to |
| |||||||
| |||||||
1 | cease and desist should not be entered against that
person or | ||||||
2 | other entity. The rule shall clearly set forth the grounds | ||||||
3 | relied
upon
by the Department and shall provide a period of 7 | ||||||
4 | days from the date of the
rule to file an answer to the | ||||||
5 | satisfaction of the Department. Failure to answer
to the | ||||||
6 | satisfaction of the Department shall cause an order to cease | ||||||
7 | and desist
to be issued immediately.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11.)
| ||||||
10 | (225 ILCS 41/15-46) | ||||||
11 | (Section scheduled to be repealed on January 1, 2013) | ||||||
12 | Sec. 15-46. Civil penalties; civil action.
| ||||||
13 | (a) In addition to any other penalty provided by law, any | ||||||
14 | person, sole
proprietorship, professional service corporation, | ||||||
15 | limited liability company,
partnership, or other entity that | ||||||
16 | violates Section 1-15 or 1-20 of this Code
shall forfeit and | ||||||
17 | pay to the General Professions Dedicated Fund a civil penalty
| ||||||
18 | in an amount determined by the Department not to exceed $10,000 | ||||||
19 | for each violation. The penalty shall be assessed in | ||||||
20 | proceedings as provided in Sections
15-10 through 15-41 of this | ||||||
21 | Code.
| ||||||
22 | (b) In addition to the other penalties and remedies | ||||||
23 | provided in this Code, the Department may bring a civil action | ||||||
24 | in the county in which the funeral establishment is located | ||||||
25 | against a licensee or any other person to enjoin any violation |
| |||||||
| |||||||
1 | or threatened violation of this Code.
| ||||||
2 | (c) Unless the amount of the penalty is paid within 60 days | ||||||
3 | after the
order becomes final, the order shall constitute a | ||||||
4 | judgment judgement and shall be filed
and execution issued | ||||||
5 | thereon in the same manner as the judgment judgement of a court | ||||||
6 | of
record.
| ||||||
7 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
8 | (225 ILCS 41/15-50) | ||||||
9 | (Section scheduled to be repealed on January 1, 2013) | ||||||
10 | Sec. 15-50. Practice by corporation, limited liability | ||||||
11 | company, partnership, or association. No
corporation, limited | ||||||
12 | liability company, partnership or association of individuals, | ||||||
13 | as such, shall be
issued a license as a licensed funeral | ||||||
14 | director and embalmer or licensed
funeral director, nor shall | ||||||
15 | any corporation, limited liability company, partnership, firm | ||||||
16 | or association
of individuals, or any individual connected | ||||||
17 | therewith, publicly advertise any
corporation, partnership , or | ||||||
18 | association of individuals as being licensed
funeral directors | ||||||
19 | and embalmers or licensed funeral directors. Nevertheless,
| ||||||
20 | nothing in this Act shall restrict funeral director licensees | ||||||
21 | or funeral director and embalmer licensees from forming | ||||||
22 | professional service
corporations under the Professional | ||||||
23 | Service Corporation Act or from having
these corporations | ||||||
24 | registered for the practice of funeral directing. | ||||||
25 | No funeral director licensee or funeral director and |
| |||||||
| |||||||
1 | embalmer licensee, and no partnership or association of those | ||||||
2 | licensees, formed
since July 1, 1935, shall engage in the | ||||||
3 | practice of funeral directing
and embalming or funeral | ||||||
4 | directing under a trade name or
partnership or firm name unless | ||||||
5 | in the use and advertising of the trade
name, partnership or | ||||||
6 | firm name there is published in connection with the
advertising | ||||||
7 | the name of the owner or owners as the owner or owners. | ||||||
8 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
9 | (225 ILCS 41/15-65)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
11 | Sec. 15-65. Fees. The Department shall provide by rule for | ||||||
12 | a schedule of
fees for the administration and enforcement of | ||||||
13 | this Code, including but not
limited to , original licensure, | ||||||
14 | renewal, and restoration. The fees shall be
nonrefundable.
| ||||||
15 | All fees , fines, and penalties collected under this Code | ||||||
16 | shall be deposited into the
General Professions Dedicated Fund | ||||||
17 | and shall be appropriated to the Department
for the ordinary | ||||||
18 | and contingent expenses of the Department in the
administration | ||||||
19 | of this Code.
| ||||||
20 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
21 | (225 ILCS 41/15-70)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
23 | Sec. 15-70. Returned checks; fines. Any person who delivers | ||||||
24 | a check or other payment to the Department that
is returned to |
| |||||||
| |||||||
1 | the Department unpaid by the financial institution upon
which | ||||||
2 | it is drawn shall pay to the Department, in addition to the | ||||||
3 | amount
already owed to the Department, a fine of $50. The fines | ||||||
4 | imposed by this
Section are in addition
to any other discipline | ||||||
5 | provided under this Code for unlicensed
practice or practice on | ||||||
6 | a nonrenewed license. The Department shall notify
the person | ||||||
7 | that payment of fees and fines shall be paid to the Department
| ||||||
8 | by certified check or money order within 30 calendar days of | ||||||
9 | the
notification. If, after the expiration of 30 days from the | ||||||
10 | date of the
notification, the person has failed to submit the | ||||||
11 | necessary remittance, the
Department shall automatically | ||||||
12 | terminate the license or certificate or deny
the application, | ||||||
13 | without hearing. If, after termination or denial, the
person | ||||||
14 | seeks a license or certificate , he or she shall apply to the
| ||||||
15 | Department for restoration or issuance of the license or | ||||||
16 | certificate and
pay all fees and fines due to the Department. | ||||||
17 | The Department may establish
a fee for the processing of an | ||||||
18 | application for restoration of a license or
certificate to pay | ||||||
19 | all expenses of processing this application. The Secretary
may | ||||||
20 | waive the fines due under this Section in individual cases | ||||||
21 | where the Secretary
finds that the fines would be unreasonable | ||||||
22 | or unnecessarily
burdensome.
| ||||||
23 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
24 | (225 ILCS 41/15-75) | ||||||
25 | (Section scheduled to be repealed on January 1, 2013) |
| |||||||
| |||||||
1 | Sec. 15-75. Violations; grounds for discipline; penalties. | ||||||
2 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||
3 | the first offense, and a Class 4 felony for each subsequent | ||||||
4 | offense.
These penalties shall also apply to unlicensed owners | ||||||
5 | of funeral homes. | ||||||
6 | (1) Practicing the profession of funeral directing and | ||||||
7 | embalming or
funeral directing, or attempting to practice | ||||||
8 | the profession of funeral
directing and embalming or | ||||||
9 | funeral directing without a license as a
funeral director | ||||||
10 | and embalmer or funeral director. | ||||||
11 | (2) Serving or attempting to serve as an intern under a | ||||||
12 | licensed funeral
director
and embalmer or
attempting to | ||||||
13 | serve as an intern under a licensed funeral
director and | ||||||
14 | embalmer
without a license as a licensed funeral director | ||||||
15 | and embalmer intern. | ||||||
16 | (3) Obtaining or attempting to obtain a license, | ||||||
17 | practice or business,
or any other thing of value, by fraud | ||||||
18 | or misrepresentation. | ||||||
19 | (4) Permitting any person in one's employ, under one's | ||||||
20 | control or in or
under one's service to serve as a funeral | ||||||
21 | director and embalmer, funeral
director, or funeral | ||||||
22 | director and embalmer intern when the
person does not have | ||||||
23 | the appropriate license. | ||||||
24 | (5) Failing to display a license as required by this | ||||||
25 | Code. | ||||||
26 | (6) Giving false information or making a false oath or |
| |||||||
| |||||||
1 | affidavit
required by this Code. | ||||||
2 | (b) The Department may refuse to issue or renew , a license | ||||||
3 | or may revoke, suspend, place on probation or administrative | ||||||
4 | supervision , reprimand, or take other disciplinary or | ||||||
5 | non-disciplinary action as the Department may deem | ||||||
6 | appropriate, including imposing fines not to exceed $10,000 for | ||||||
7 | each violation, with regard to any license under the Code for | ||||||
8 | any one or combination of the following: | ||||||
9 | (1) Fraud or any misrepresentation in applying for or | ||||||
10 | procuring a license under this Code or in connection with | ||||||
11 | applying for renewal of a license under this Code Obtaining | ||||||
12 | or attempting to obtain a license by fraud or
| ||||||
13 | misrepresentation . | ||||||
14 | (2) Conviction by plea of guilty or nolo contendere, | ||||||
15 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
16 | sentencing of any crime, including, but not limited to, | ||||||
17 | convictions, preceding sentences of supervision, | ||||||
18 | conditional discharge, or first offender probation, under | ||||||
19 | the laws of any jurisdiction of the United States: (i) that | ||||||
20 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
21 | element of which is dishonesty, or that is directly related | ||||||
22 | to the practice of the profession Conviction in this State | ||||||
23 | or another state of any crime that is a
felony or | ||||||
24 | misdemeanor under the laws of this State or conviction of a
| ||||||
25 | felony or misdemeanor in a federal
court . | ||||||
26 | (3) Violation of the laws of this State relating to the |
| |||||||
| |||||||
1 | funeral, burial
or disposition disposal of deceased human | ||||||
2 | bodies or of the rules and regulations of the
Department, | ||||||
3 | or the Department of Public Health. | ||||||
4 | (4) Directly or indirectly paying or causing to be paid | ||||||
5 | any sum of money
or other valuable consideration for the | ||||||
6 | securing of business or for
obtaining authority to dispose | ||||||
7 | of any deceased human body. | ||||||
8 | (5) Professional incompetence, gross negligence, | ||||||
9 | malpractice, or untrustworthiness in the practice of | ||||||
10 | funeral
directing and embalming or funeral directing. | ||||||
11 | (6) (Blank). False or misleading advertising as a | ||||||
12 | funeral director and embalmer
or funeral director, or | ||||||
13 | advertising or using the name of a person other than
the | ||||||
14 | holder of a license in connection with any service being | ||||||
15 | rendered in the
practice of funeral directing and embalming | ||||||
16 | or funeral directing. Nothing in
this paragraph shall | ||||||
17 | prevent including the name of any owner, officer or
| ||||||
18 | corporate director of a funeral business who is not a | ||||||
19 | licensee in
any advertisement
used by a funeral home with | ||||||
20 | which the individual is affiliated if the
advertisement | ||||||
21 | specifies the individual's affiliation with the funeral | ||||||
22 | home. | ||||||
23 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
24 | contracts, burial
certificates, or burial insurance | ||||||
25 | policies in connection with the
profession as a funeral | ||||||
26 | director and embalmer, funeral director, or funeral
|
| |||||||
| |||||||
1 | director and embalmer intern in violation of any laws of | ||||||
2 | the
State
of Illinois. | ||||||
3 | (8) Refusing, without cause, to surrender the custody | ||||||
4 | of a deceased
human body upon the proper request of the | ||||||
5 | person or persons lawfully
entitled to the custody of the | ||||||
6 | body. | ||||||
7 | (9) Taking undue advantage of a client or clients as to | ||||||
8 | amount to the
perpetration of fraud. | ||||||
9 | (10) Engaging in funeral directing and embalming or | ||||||
10 | funeral
directing without a license. | ||||||
11 | (11) Encouraging, requesting, or suggesting by a | ||||||
12 | licensee or some person
working on his behalf and with his | ||||||
13 | consent for compensation that a person
utilize the services | ||||||
14 | of a certain funeral director and embalmer, funeral
| ||||||
15 | director, or funeral establishment unless that information | ||||||
16 | has
been expressly requested by the person. This does not | ||||||
17 | prohibit general
advertising or pre-need solicitation. | ||||||
18 | (12) Making or causing to be made any false or | ||||||
19 | misleading statements
about the laws concerning the | ||||||
20 | disposition disposal of human remains, including, but not
| ||||||
21 | limited to, the need to embalm, the need for a casket for | ||||||
22 | cremation or the
need for an outer burial container. | ||||||
23 | (13) (Blank). | ||||||
24 | (14) Embalming or attempting to embalm a deceased human | ||||||
25 | body without
express prior authorization of the person | ||||||
26 | responsible for making the
funeral arrangements for the |
| |||||||
| |||||||
1 | body. This does not apply to cases where
embalming is | ||||||
2 | directed by local authorities who have jurisdiction or when
| ||||||
3 | embalming is required by State or local law. A licensee may | ||||||
4 | embalm without express prior authorization if a good faith | ||||||
5 | effort has been made to contact family members and has been | ||||||
6 | unsuccessful and the licensee has no reason to believe the | ||||||
7 | family opposes embalming. | ||||||
8 | (15) Making a false statement on a Certificate of Death | ||||||
9 | where the
person making the statement knew or should have | ||||||
10 | known that the statement
was false. | ||||||
11 | (16) Soliciting human bodies after death or while death | ||||||
12 | is imminent. | ||||||
13 | (17) Performing any act or practice that is a violation
| ||||||
14 | of this Code, the rules for the administration of this | ||||||
15 | Code, or any
federal,
State or local laws, rules, or | ||||||
16 | regulations
governing the practice of funeral directing or | ||||||
17 | embalming. | ||||||
18 | (18) Performing any act or practice that is a violation | ||||||
19 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
20 | Practices Act. | ||||||
21 | (19) Engaging in dishonorable, unethical , or | ||||||
22 | unprofessional conduct of a character
likely to deceive, | ||||||
23 | defraud or harm the public. | ||||||
24 | (20) Taking possession of a dead human body without | ||||||
25 | having first
obtained express permission from the person | ||||||
26 | holding the right to control the disposition in accordance |
| |||||||
| |||||||
1 | with Section 5 of the Disposition of Remains Act next of | ||||||
2 | kin or a public agency legally
authorized to direct, | ||||||
3 | control or permit the removal of deceased human bodies. | ||||||
4 | (21) Advertising in a false or misleading manner or | ||||||
5 | advertising using
the name of an unlicensed person in | ||||||
6 | connection with any service being
rendered in the practice | ||||||
7 | of funeral directing or funeral directing and
embalming. | ||||||
8 | The use of any name of an unlicensed or unregistered person | ||||||
9 | in
an advertisement so as to imply that the person will | ||||||
10 | perform services is
considered misleading advertising. | ||||||
11 | Nothing in this paragraph shall prevent
including the name | ||||||
12 | of any owner, officer or corporate director of a funeral
| ||||||
13 | home, who is not a licensee, in any advertisement used by a | ||||||
14 | funeral home
with which the individual is affiliated, if | ||||||
15 | the advertisement specifies
the individual's affiliation | ||||||
16 | with the funeral home. | ||||||
17 | (22) Charging for professional services not rendered, | ||||||
18 | including filing false statements for the collection of | ||||||
19 | fees for which services are not rendered Directly or | ||||||
20 | indirectly receiving compensation for any professional
| ||||||
21 | services not actually performed . | ||||||
22 | (23) Failing to account for or remit any monies, | ||||||
23 | documents, or personal
property that belongs to others that | ||||||
24 | comes into a licensee's possession. | ||||||
25 | (24) Treating any person differently to his detriment | ||||||
26 | because of
race, color, creed, gender, religion, or |
| |||||||
| |||||||
1 | national origin. | ||||||
2 | (25) Knowingly making any false statements, oral or | ||||||
3 | otherwise, of a
character likely to influence, persuade or | ||||||
4 | induce others in the course of
performing professional | ||||||
5 | services or activities. | ||||||
6 | (26) Willfully Knowingly making or filing false | ||||||
7 | records or reports in the practice
of funeral directing and | ||||||
8 | embalming , including, but not limited to, false records | ||||||
9 | filed with State agencies or departments . | ||||||
10 | (27) Failing to acquire continuing education required | ||||||
11 | under this Code. | ||||||
12 | (28) (Blank). Violations of this Code or of the rules | ||||||
13 | adopted pursuant to this Code. | ||||||
14 | (29) Aiding or assisting another person in violating | ||||||
15 | any provision of this Code or rules adopted pursuant to | ||||||
16 | this Code. | ||||||
17 | (30) Failing within 10 days, to provide information in | ||||||
18 | response to a written request made by the Department. | ||||||
19 | (31) Discipline by another state, District of | ||||||
20 | Columbia, territory, or foreign nation , or governmental | ||||||
21 | agency , if at least one of the grounds for the discipline | ||||||
22 | is the same or substantially equivalent to those set forth | ||||||
23 | in this Section. | ||||||
24 | (32) (Blank). Directly or indirectly giving to or | ||||||
25 | receiving from any person, firm, corporation, partnership, | ||||||
26 | or association any fee, commission, rebate, or other form |
| |||||||
| |||||||
1 | of compensation for professional services not actually or | ||||||
2 | personally rendered. | ||||||
3 | (33) Mental illness or disability which results in the | ||||||
4 | inability Inability to practice the profession with | ||||||
5 | reasonable judgment, skill, or safety. | ||||||
6 | (34) Gross, willful, or continued overcharging for | ||||||
7 | professional services, including filing false statements | ||||||
8 | for collection of fees for which services are not rendered. | ||||||
9 | (35) Physical illness, including, but not limited to, | ||||||
10 | deterioration through the aging process or loss of motor | ||||||
11 | skill which results in a licensee's inability to practice | ||||||
12 | under this Code with reasonable judgment, skill, or safety | ||||||
13 | A pattern of practice or other behavior that demonstrates | ||||||
14 | incapacity or incompetence to practice under this Code . | ||||||
15 | (36) Failing to comply with any of the following | ||||||
16 | required activities: | ||||||
17 | (A) When reasonably possible, a funeral director | ||||||
18 | licensee or funeral director and embalmer licensee or | ||||||
19 | anyone acting on his or
her behalf shall obtain the | ||||||
20 | express authorization of the person or persons
| ||||||
21 | responsible for making the funeral arrangements for a | ||||||
22 | deceased human body
prior to removing a body from the | ||||||
23 | place of death or any place it may be or
embalming or | ||||||
24 | attempting to embalm a deceased human body, unless | ||||||
25 | required by
State or local law. This requirement is | ||||||
26 | waived whenever removal or
embalming is directed by |
| |||||||
| |||||||
1 | local authorities who have jurisdiction.
If the | ||||||
2 | responsibility for the handling of the remains | ||||||
3 | lawfully falls under
the jurisdiction of a public | ||||||
4 | agency, then the regulations of the public
agency shall | ||||||
5 | prevail. | ||||||
6 | (B) A licensee shall clearly mark the price of any | ||||||
7 | casket offered for
sale or the price of any service | ||||||
8 | using the casket on or in the casket if
the casket is | ||||||
9 | displayed at the funeral establishment. If the casket | ||||||
10 | is
displayed at any other location, regardless of | ||||||
11 | whether the licensee is in
control of that location, | ||||||
12 | the casket shall be clearly marked and the
registrant | ||||||
13 | shall use books, catalogues, brochures, or other | ||||||
14 | printed display
aids to show the price of each casket | ||||||
15 | or service. | ||||||
16 | (C) At the time funeral arrangements are made and | ||||||
17 | prior to rendering the
funeral services, a licensee | ||||||
18 | shall furnish a written statement of services to be
| ||||||
19 | retained by the person or persons making the funeral | ||||||
20 | arrangements, signed
by both parties, that shall | ||||||
21 | contain: (i) the name, address and telephone number
of | ||||||
22 | the funeral establishment and the date on which the | ||||||
23 | arrangements were made;
(ii) the price of the service | ||||||
24 | selected and the services and merchandise
included for | ||||||
25 | that price; (iii) a clear disclosure that the person or | ||||||
26 | persons
making the arrangement may decline and receive |
| |||||||
| |||||||
1 | credit for any service or
merchandise not desired and | ||||||
2 | not required by law or the funeral director or the
| ||||||
3 | funeral director and embalmer; (iv) the supplemental | ||||||
4 | items of service and
merchandise requested and the | ||||||
5 | price of each item; (v) the terms or method of
payment | ||||||
6 | agreed upon; and (vi) a statement as to any monetary | ||||||
7 | advances made by
the registrant on behalf of the | ||||||
8 | family. The licensee shall maintain a copy of the | ||||||
9 | written statement of services in its permanent | ||||||
10 | records. All written statements of services are | ||||||
11 | subject to inspection by the Department. | ||||||
12 | (D) In all instances where the place of final | ||||||
13 | disposition of a deceased human body or the cremated | ||||||
14 | remains of a deceased human body is a cemetery, the | ||||||
15 | licensed funeral director and embalmer, or licensed | ||||||
16 | funeral director, who has been engaged to provide | ||||||
17 | funeral or embalming services shall remain at the | ||||||
18 | cemetery and personally witness the placement of the | ||||||
19 | human remains in their designated grave or the sealing | ||||||
20 | of the above ground depository, crypt, or urn. The | ||||||
21 | licensed funeral director or licensed funeral director | ||||||
22 | and embalmer may designate a licensed funeral director | ||||||
23 | and embalmer intern or representative of the funeral | ||||||
24 | home to be his or her witness to the placement of the | ||||||
25 | remains. If the cemetery authority, cemetery manager, | ||||||
26 | or any other agent of the cemetery takes any action |
| |||||||
| |||||||
1 | that prevents compliance with this paragraph (D), then | ||||||
2 | the funeral director and embalmer or funeral director | ||||||
3 | shall provide written notice to the Department within 5 | ||||||
4 | business days after failing to comply. If the | ||||||
5 | Department receives this notice, then the Department | ||||||
6 | shall not take any disciplinary action against the | ||||||
7 | funeral director and embalmer or funeral director for a | ||||||
8 | violation of this paragraph (D) unless the Department | ||||||
9 | finds that the cemetery authority, manager, or any | ||||||
10 | other agent of the cemetery did not prevent the funeral | ||||||
11 | director and embalmer or funeral director from | ||||||
12 | complying with this paragraph (D) as claimed in the | ||||||
13 | written notice. | ||||||
14 | (E) A funeral director or funeral director and | ||||||
15 | embalmer shall fully complete the portion of the | ||||||
16 | Certificate of Death under the responsibility of the | ||||||
17 | funeral director or funeral director and embalmer and | ||||||
18 | provide all required information. In the event that any | ||||||
19 | reported information subsequently changes or proves | ||||||
20 | incorrect, a funeral director or funeral director and | ||||||
21 | embalmer shall immediately upon learning the correct | ||||||
22 | information correct the Certificate of Death. | ||||||
23 | (37) A finding by the Department that the license, | ||||||
24 | after having his or
her license placed on probationary | ||||||
25 | status or subjected to conditions or
restrictions, | ||||||
26 | violated the terms of the probation or failed to comply |
| |||||||
| |||||||
1 | with such
terms or conditions. | ||||||
2 | (38) (Blank). Violation of any final administrative | ||||||
3 | action of the Secretary. | ||||||
4 | (39) Being named as a perpetrator in an indicated | ||||||
5 | report by the Department
of Children and Family Services | ||||||
6 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
7 | and, upon proof by clear and convincing evidence,
being | ||||||
8 | found to have caused a child to be an abused child or | ||||||
9 | neglected child as
defined
in the Abused and Neglected | ||||||
10 | Child Reporting Act. | ||||||
11 | (40) Habitual or excessive use or abuse of drugs | ||||||
12 | defined in law as controlled substances, alcohol, or any | ||||||
13 | other substance which results in the inability to practice | ||||||
14 | with reasonable judgment, skill, or safety. | ||||||
15 | (41) Practicing under a false or, except as provided by | ||||||
16 | law, an assumed name. | ||||||
17 | (42) Cheating on or attempting to subvert the licensing | ||||||
18 | examination administered under this Code. | ||||||
19 | (c) The Department may refuse to issue or renew , or may | ||||||
20 | suspend without a hearing, as provided for in the Department of | ||||||
21 | Professional Regulation Law of the Civil Administrative Code of | ||||||
22 | Illinois , the license
of any person who fails to file a return, | ||||||
23 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
24 | to pay any final assessment of tax, penalty or
interest as | ||||||
25 | required by any tax Act administered by the Illinois Department | ||||||
26 | of
Revenue, until the time as the requirements of the tax Act |
| |||||||
| |||||||
1 | are satisfied in accordance with subsection (g) of Section | ||||||
2 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
3 | Civil Administrative Code of Illinois . | ||||||
4 | (d) No action may be taken under this Code against a person | ||||||
5 | licensed under this Code unless the action is commenced within | ||||||
6 | 5 years after the occurrence of the alleged violations. A | ||||||
7 | continuing violation shall be deemed to have occurred on the | ||||||
8 | date when the circumstances last existed that give rise to the | ||||||
9 | alleged violation. | ||||||
10 | (e) Nothing in this Section shall be construed or enforced | ||||||
11 | to give a funeral director and embalmer, or his or her | ||||||
12 | designees, authority over the operation of a cemetery or over | ||||||
13 | cemetery employees. Nothing in this Section shall be construed | ||||||
14 | or enforced to impose duties or penalties on cemeteries with | ||||||
15 | respect to the timing of the placement of human remains in | ||||||
16 | their designated grave or the sealing of the above ground | ||||||
17 | depository, crypt, or urn due to patron safety, the allocation | ||||||
18 | of cemetery staffing, liability insurance, a collective | ||||||
19 | bargaining agreement, or other such reasons. | ||||||
20 | (f) All fines imposed under this Section shall be paid 60 | ||||||
21 | days after the effective date of the order imposing the fine. | ||||||
22 | (g) The Department shall deny a license or renewal | ||||||
23 | authorized by this Code to a person who has defaulted on an | ||||||
24 | educational loan or scholarship provided or guaranteed by the | ||||||
25 | Illinois Student Assistance Commission or any governmental | ||||||
26 | agency of this State in accordance with item (5) of subsection |
| |||||||
| |||||||
1 | (g) of Section 2105-15 of the Department of Professional | ||||||
2 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
3 | (h) In cases where the Department of Healthcare and Family | ||||||
4 | Services has previously determined a licensee or a potential | ||||||
5 | licensee is more than 30 days delinquent in the payment of | ||||||
6 | child support and has subsequently certified the delinquency to | ||||||
7 | the Department, the Department may refuse to issue or renew or | ||||||
8 | may revoke or suspend that person's license or may take other | ||||||
9 | disciplinary action against that person based solely upon the | ||||||
10 | certification of delinquency made by the Department of | ||||||
11 | Healthcare and Family Services in accordance with item (5) of | ||||||
12 | subsection (g) of Section 1205-15 of the Department of | ||||||
13 | Professional Regulation Law of the Civil Administrative Code of | ||||||
14 | Illinois. | ||||||
15 | (i) A person not licensed under this Code who is an owner | ||||||
16 | of a funeral establishment or funeral business shall not aid, | ||||||
17 | abet, assist, procure, advise, employ, or contract with any | ||||||
18 | unlicensed person to offer funeral services or aid, abet, | ||||||
19 | assist, or direct any licensed person contrary to or in | ||||||
20 | violation of any rules or provisions of this Code. A person | ||||||
21 | violating this subsection shall be treated as a licensee for | ||||||
22 | the purposes of disciplinary action under this Section and | ||||||
23 | shall be subject to cease and desist orders as provided in this | ||||||
24 | Code, the imposition of a fine up to $10,000 for each violation | ||||||
25 | and any other penalty provided by law. | ||||||
26 | (j) The determination by a circuit court that a licensee is |
| |||||||
| |||||||
1 | subject to involuntary admission or judicial admission as | ||||||
2 | provided in the Mental Health and Developmental Disabilities | ||||||
3 | Code, as amended, operates as an automatic suspension. The | ||||||
4 | suspension may end only upon a finding by a court that the | ||||||
5 | licensee is no longer subject to the involuntary admission or | ||||||
6 | judicial admission and issues an order so finding and | ||||||
7 | discharging the licensee, and upon the recommendation of the | ||||||
8 | Board to the Secretary that the licensee be allowed to resume | ||||||
9 | his or her practice. | ||||||
10 | (k) In enforcing this Code, the Department, upon a showing | ||||||
11 | of a possible violation, may compel an individual licensed to | ||||||
12 | practice under this Code, or who has applied for licensure | ||||||
13 | under this Code, to submit to a mental or physical examination, | ||||||
14 | or both, as required by and at the expense of the Department. | ||||||
15 | The Department may order the examining physician to present | ||||||
16 | testimony concerning the mental or physical examination of the | ||||||
17 | licensee or applicant. No information shall be excluded by | ||||||
18 | reason of any common law or statutory privilege relating to | ||||||
19 | communications between the licensee or applicant and the | ||||||
20 | examining physician. The examining physicians shall be | ||||||
21 | specifically designated by the Department. The individual to be | ||||||
22 | examined may have, at his or her own expense, another physician | ||||||
23 | of his or her choice present during all aspects of this | ||||||
24 | examination. The examination shall be performed by a physician | ||||||
25 | licensed to practice medicine in all its branches. Failure of | ||||||
26 | an individual to submit to a mental or physical examination, |
| |||||||
| |||||||
1 | when directed, shall result in an automatic suspension without | ||||||
2 | hearing. | ||||||
3 | A person holding a license under this Code or who has | ||||||
4 | applied for a license under this Code who, because of a | ||||||
5 | physical or mental illness or disability, including, but not | ||||||
6 | limited to, deterioration through the aging process or loss of | ||||||
7 | motor skill, is unable to practice the profession with | ||||||
8 | reasonable judgment, skill, or safety, may be required by the | ||||||
9 | Department to submit to care, counseling, or treatment by | ||||||
10 | physicians approved or designated by the Department as a | ||||||
11 | condition, term, or restriction for continued, reinstated, or | ||||||
12 | renewed licensure to practice. Submission to care, counseling, | ||||||
13 | or treatment as required by the Department shall not be | ||||||
14 | considered discipline of a license. If the licensee refuses to | ||||||
15 | enter into a care, counseling, or treatment agreement or fails | ||||||
16 | to abide by the terms of the agreement, the Department may file | ||||||
17 | a complaint to revoke, suspend, or otherwise discipline the | ||||||
18 | license of the individual. The Secretary may order the license | ||||||
19 | suspended immediately, pending a hearing by the Department. | ||||||
20 | Fines shall not be assessed in disciplinary actions involving | ||||||
21 | physical or mental illness or impairment. | ||||||
22 | In instances in which the Secretary immediately suspends a | ||||||
23 | person's license under this Section, a hearing on that person's | ||||||
24 | license must be convened by the Department within 15 days after | ||||||
25 | the suspension and completed without appreciable delay. The | ||||||
26 | Department shall have the authority to review the subject |
| |||||||
| |||||||
1 | individual's record of treatment and counseling regarding the | ||||||
2 | impairment to the extent permitted by applicable federal | ||||||
3 | statutes and regulations safeguarding the confidentiality of | ||||||
4 | medical records. | ||||||
5 | An individual licensed under this Code and affected under | ||||||
6 | this Section shall be afforded an opportunity to demonstrate to | ||||||
7 | the Department that he or she can resume practice in compliance | ||||||
8 | with acceptable and prevailing standards under the provisions | ||||||
9 | of his or her license. | ||||||
10 | (Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.)
| ||||||
11 | (225 ILCS 41/15-76) | ||||||
12 | (Section scheduled to be repealed on January 1, 2013) | ||||||
13 | Sec. 15-76. Vehicle traffic control. A funeral director | ||||||
14 | licensee or funeral director and embalmer licensee planning an | ||||||
15 | a interment, inurnment, or entombment at a cemetery shall use | ||||||
16 | his or her its reasonable best efforts to ensure that funeral | ||||||
17 | processions entering and exiting the cemetery grounds do not | ||||||
18 | obstruct traffic on any street for a period in excess of 10 | ||||||
19 | minutes, except where such funeral procession is continuously | ||||||
20 | moving or cannot be moved by reason of circumstances over which | ||||||
21 | the licensee cemetery authority has no reasonable control. The | ||||||
22 | funeral director licensee or funeral director and embalmer | ||||||
23 | licensee arranging funeral processions to the cemetery shall | ||||||
24 | use his or her its reasonable best efforts to help prevent | ||||||
25 | multiple funeral processions from arriving at the cemetery |
| |||||||
| |||||||
1 | simultaneously. Notwithstanding any provision of this Code Act | ||||||
2 | to the contrary, any funeral director licensee or funeral | ||||||
3 | director and embalmer licensee who violates the provisions of | ||||||
4 | this Section shall be guilty of a business offense and receive | ||||||
5 | punishable by a fine of not more than $500 for each offense.
| ||||||
6 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
7 | (225 ILCS 41/15-77) | ||||||
8 | (Section scheduled to be repealed on January 1, 2013) | ||||||
9 | Sec. 15-77. Method of payment, receipt. No licensee shall | ||||||
10 | require payment for any goods or services by cash only. | ||||||
11 | Licensees Each licensee subject to this Section shall permit | ||||||
12 | payment by at least one other option, including, but not | ||||||
13 | limited to, personal check, cashier's check, money order, or | ||||||
14 | credit or debit card. In addition to the statement of services, | ||||||
15 | the licensee shall provide a receipt to the consumer upon | ||||||
16 | payment in part or in full , whatever the case may be .
| ||||||
17 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
18 | (225 ILCS 41/15-80)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
20 | Sec. 15-80. Statement of place of practice; roster. Each | ||||||
21 | applicant for a
funeral director and embalmer's license shall | ||||||
22 | with his or her
application submit a statement of the place of | ||||||
23 | practice, ownership, names
and license numbers of all funeral | ||||||
24 | directors and embalmers and funeral
directors associated with |
| |||||||
| |||||||
1 | the applicant. | ||||||
2 | The Department shall maintain a roster of names and | ||||||
3 | addresses of all persons who hold valid licenses and all | ||||||
4 | persons whose licenses have been suspended or revoked within | ||||||
5 | the previous year. This roster shall be available upon request | ||||||
6 | and payment of the required fee. The Department
shall keep a | ||||||
7 | record, which shall be open to public inspection at all
| ||||||
8 | reasonable times, of its proceedings relating to the issuance, | ||||||
9 | refusal,
renewal, suspension and revocation of licenses. This | ||||||
10 | record shall also
contain the name, known place of practice and | ||||||
11 | residence, and the date and
number of the license of every | ||||||
12 | licensed funeral director and embalmer,
licensed funeral | ||||||
13 | director, and licensed funeral director and
embalmer intern in | ||||||
14 | this State.
| ||||||
15 | The Department shall publish an annual list of the names | ||||||
16 | and addresses
of all licensees registered by it under the | ||||||
17 | provisions of this Code, and of all
persons whose licenses have | ||||||
18 | been suspended or revoked within the past year,
together with | ||||||
19 | other information relative to the enforcement of the provisions
| ||||||
20 | of this Code as it may deem of interest to the public. One list | ||||||
21 | shall be mailed
to each local registrar of vital statistics | ||||||
22 | upon request by the registrar.
Lists shall also be mailed by | ||||||
23 | the Department to any person in the State upon
request.
| ||||||
24 | (Source: P.A. 93-268, eff. 1-1-04.)
| ||||||
25 | (225 ILCS 41/15-85)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
2 | Sec. 15-85. Duties of public institution; regulation by | ||||||
3 | local
government. No provision of this Code shall apply to, or | ||||||
4 | in any way interfere
with, the duties of any officer of any | ||||||
5 | public institution; nor with the duties
of any officer of a | ||||||
6 | medical college, county medical society, anatomical
| ||||||
7 | association, college of embalming, or any other recognized | ||||||
8 | person carrying out
the laws of the State of Illinois | ||||||
9 | prescribing the conditions under which
indigent dead human | ||||||
10 | bodies are held subject for scientific or anatomical study;
nor | ||||||
11 | with the customs or rites of any religious sect in the funeral | ||||||
12 | and burial of their
dead.
| ||||||
13 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
14 | (225 ILCS 41/15-91) | ||||||
15 | (Section scheduled to be repealed on January 1, 2013) | ||||||
16 | Sec. 15-91. Denial of license. If the Department determines | ||||||
17 | that an application for licensure should be denied pursuant to | ||||||
18 | Section 15-75, then the applicant shall be sent a notice of | ||||||
19 | intent to deny license or exemption from licensure and the | ||||||
20 | applicant shall be given the opportunity to request, within 20 | ||||||
21 | days of the notice, a hearing on the denial. If the applicant | ||||||
22 | requests a hearing, then the Secretary shall schedule a hearing | ||||||
23 | within 30 days after the request for a hearing, unless | ||||||
24 | otherwise agreed to by the parties. The Secretary shall have | ||||||
25 | the authority to appoint an attorney duly licensed to practice |
| |||||||
| |||||||
1 | law in the State of Illinois to serve as the hearing officer. | ||||||
2 | The hearing officer shall have full authority to conduct the | ||||||
3 | hearing. The hearing shall be held at the time and place | ||||||
4 | designated by the Secretary. The Secretary shall have the | ||||||
5 | authority to prescribe rules for the administration of this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
8 | (225 ILCS 41/15-115 new) | ||||||
9 | Sec. 15-115. Confidentiality. All information collected | ||||||
10 | by the Department in the course of an examination or | ||||||
11 | investigation of a licensee or applicant, including, but not | ||||||
12 | limited to, any complaint against a licensee filed with the | ||||||
13 | Department and information collected to investigate any such | ||||||
14 | complaint, shall be maintained for the confidential use of the | ||||||
15 | Department and shall not be disclosed. The Department shall not | ||||||
16 | disclose the information to anyone other than law enforcement | ||||||
17 | officials, regulatory agencies that have an appropriate | ||||||
18 | regulatory interest as determined by the Secretary, or a party | ||||||
19 | presenting a lawful subpoena to the Department. Information and | ||||||
20 | documents disclosed to a federal, State, county, or local law | ||||||
21 | enforcement agency shall not be disclosed by the agency for any | ||||||
22 | purpose to any other agency or person. A formal complaint filed | ||||||
23 | against a licensee by the Department or any order issued by the | ||||||
24 | Department against a licensee or applicant shall be a public | ||||||
25 | record, except as otherwise prohibited by law.
|
| |||||||
| |||||||
1 | (225 ILCS 41/20-15)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
3 | Sec. 20-15. Home rule. The regulation and licensing | ||||||
4 | provided for in this Code are exclusive powers and functions of | ||||||
5 | the State. A home rule unit may not regulate or license funeral | ||||||
6 | directors, funeral director and embalmers, customer service | ||||||
7 | employees, or any activities relating to the services of | ||||||
8 | funeral directing and embalming. This Section is a denial and | ||||||
9 | limitation of home rule powers and functions under subsection | ||||||
10 | (h) of Section 6 of Article VII of the Illinois Constitution.
| ||||||
11 | (Source: P.A. 96-1463, eff. 1-1-11.)
| ||||||
12 | (225 ILCS 41/10-40 rep.)
| ||||||
13 | (225 ILCS 41/15-71 rep.) | ||||||
14 | (225 ILCS 41/15-110 rep.) | ||||||
15 | Section 10. The Funeral Directors and Embalmers Licensing | ||||||
16 | Code is amended by repealing Sections 10-40, 15-71, and 15-110.
| ||||||
17 | Section 15. The Cemetery Oversight Act is amended by | ||||||
18 | changing Section 25-75 as follows:
| ||||||
19 | (225 ILCS 411/25-75) | ||||||
20 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
21 | Sec. 25-75. Cemetery Relief Fund. | ||||||
22 | (a) A special income-earning fund is hereby created in the |
| |||||||
| |||||||
1 | State treasury, known as the Cemetery Relief Fund. | ||||||
2 | (b) Beginning on July 1, 2011, and occurring on an annual | ||||||
3 | basis every year thereafter, three percent of the moneys in the | ||||||
4 | Cemetery Oversight Licensing and Disciplinary Fund shall be | ||||||
5 | transferred deposited into the Cemetery Relief Fund. | ||||||
6 | (c) All monies transferred deposited into the fund together | ||||||
7 | with all accumulated undistributed income thereon shall be held | ||||||
8 | as a special fund in the State treasury. The fund shall be used | ||||||
9 | solely for the purpose of providing grants to units of local | ||||||
10 | government and not-for-profit organizations, including, but | ||||||
11 | not limited to, not-for-profit cemetery authorities, to clean | ||||||
12 | up cemeteries that have been abandoned, neglected, or are | ||||||
13 | otherwise in need of additional care. | ||||||
14 | (d) The grant program shall be administered by the | ||||||
15 | Department.
| ||||||
16 | (e) In the event there is a structural surplus in the | ||||||
17 | Cemetery Oversight Licensing and Disciplinary Fund, the | ||||||
18 | Department may expend moneys out of the Cemetery Oversight | ||||||
19 | Licensing and Disciplinary Fund for the purposes described in | ||||||
20 | subsection (c) of this Section. | ||||||
21 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|