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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by
5		changing Sections 4.33 and 4.38 as follows:
6		(5 ILCS 80/4.33)
7		Sec. 4.33. Acts repealed on January 1, 2023. The following
8		Acts are repealed on January 1, 2023:
9		The Dietitian Nutritionist Practice Act.
10		The Elevator Safety and Regulation Act.
11		The Fire Equipment Distributor and Employee Regulation Act
12		of 2011.
13		The Funeral Directors and Embalmers Licensing Code.
14		The Naprapathic Practice Act.
15		The Pharmacy Practice Act.
16		The Professional Counselor and Clinical Professional
17		Counselor Licensing and Practice Act.
18		The Wholesale Drug Distribution Licensing Act.
19		(Source: P.A. 101-621, eff. 12-20-19.)
20		(5 ILCS 80/4.38)
21		Sec. 4.38. Acts repealed on January 1, 2028. The following
22		Acts are repealed on January 1, 2028:

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1		The Acupuncture Practice Act.
2		The Clinical Social Work and Social Work Practice Act.
3		The Funeral Directors and Embalmers Licensing Code.
4		The Home Medical Equipment and Services Provider License
5		Act.
6		The Illinois Petroleum Education and Marketing Act.
7		The Illinois Speech-Language Pathology and Audiology
8		Practice Act.
9		The Interpreter for the Deaf Licensure Act of 2007.
10		The Nurse Practice Act.
11		The Nursing Home Administrators Licensing and Disciplinary
12		Act.
13		The Physician Assistant Practice Act of 1987.
14		The Podiatric Medical Practice Act of 1987.
15		(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
16		100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
17		8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18		100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
19		Section 10. The Funeral Directors and Embalmers Licensing
20		Code is amended by changing Sections 1-10, 1-15, 1-30, 5-7,
21		5-10, 5-15, 5-18, 5-20, 10-7, 10-20, 10-30, 10-43, 15-10,
22		15-15, 15-18, 15-20, 15-21, 15-22, 15-30, 15-40, 15-41, 15-65,
23		15-75, 15-80, and 15-91 as follows:
24		(225 ILCS 41/1-10)

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1		(Section scheduled to be repealed on January 1, 2023)
2		Sec. 1-10. Definitions. As used in this Code:
3		"Address of record" means the designated address recorded
4		by the Department in the applicant's or licensee's application
5		file or license file. It is the duty of the applicant or
6		licensee to inform the Department of any changes of address
7		and those changes must be made either through the Department's
8		website or by contacting the Department.
9		"Applicant" means any person making application for a
10		license. Any applicants or people who hold themselves out as
11		applicants are considered licensees for purposes of
12		enforcement, investigation, hearings, and the Illinois
13		Administrative Procedure Act.
14		"Board" means the Funeral Directors and Embalmers
15		Licensing and Disciplinary Board.
16		"Certificate of Death" means a certificate of death as
17		referenced in the Illinois Vital Records Act.
18		"Department" means the Department of Financial and
19		Professional Regulation.
20		"Email address of record" means the designated email
21		address recorded by the Department in the applicant's
22		application file or the licensee's license file as maintained
23		by the Department's licensure maintenance unit.
24		"Funeral director and embalmer" means a person who is
25		licensed and qualified to practice funeral directing and to
26		prepare, disinfect and preserve dead human bodies by the

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1		injection or external application of antiseptics,
2		disinfectants or preservative fluids and materials and to use
3		derma surgery or plastic art for the restoring of mutilated
4		features. It further means a person who restores the remains
5		of a person for the purpose of funeralization whose organs or
6		bone or tissue has been donated for anatomical purposes.
7		"Funeral director and embalmer intern" means a person
8		licensed by the Department who is qualified to render
9		assistance to a funeral director and embalmer in carrying out
10		the practice of funeral directing and embalming under the
11		supervision of the funeral director and embalmer.
12		"Embalming" means the process of sanitizing and chemically
13		treating a deceased human body in order to reduce the presence
14		and growth of microorganisms, to retard organic decomposition,
15		to render the remains safe to handle while retaining
16		naturalness of tissue, and to restore an acceptable physical
17		appearance for funeral viewing purposes.
18		"Funeral director" means a person, known by the title of
19		"funeral director" or other similar words or titles, licensed
20		by the Department who practices funeral directing.
21		"Funeral establishment", "funeral chapel", "funeral home",
22		or "mortuary" means a building or separate portion of a
23		building having a specific street address or location and
24		devoted to activities relating to the shelter, care, custody
25		and preparation of a deceased human body and which may contain
26		facilities for funeral or wake services.

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1		"Licensee" means a person licensed under this Code as a
2		funeral director, funeral director and embalmer, or funeral
3		director and embalmer intern. Anyone who holds himself or
4		herself out as a licensee or who is accused of unlicensed
5		practice is considered a licensee for purposes of enforcement,
6		investigation, hearings, and the Illinois Administrative
7		Procedure Act.
8		"Owner" means the individual, partnership, corporation,
9		limited liability company, association, trust, estate, or
10		agent thereof, or other person or combination of persons who
11		owns a funeral establishment or funeral business.
12		"Person" means any individual, partnership, association,
13		firm, corporation, limited liability company, trust or estate,
14		or other entity. "Person" includes both natural persons and
15		legal entities.
16		"Secretary" means the Secretary of Financial and
17		Professional Regulation.
18		(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11;
19		97-1130, eff. 8-28-12.)
20		(225 ILCS 41/1-15)
21		(Section scheduled to be repealed on January 1, 2023)
22		Sec. 1-15. Funeral directing; definition. Conducting or
23		engaging in or representing or holding out oneself as
24		conducting or engaging engaged in any one or any combination
25		of the following practices constitutes the practice of funeral

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1		directing:
2		(a) The practice of preparing, otherwise than by
3		embalming, for the burial, cremation, or disposition and
4		directing and supervising the burial or disposition of
5		deceased human remains or performing any act or service in
6		connection with the preparing of dead human bodies.
7		Preparation, direction, and supervision shall not be
8		construed to mean those functions normally performed by
9		cemetery and crematory personnel.
10		(b) The practice of operating a place for preparing
11		for the disposition of deceased human bodies or for caring
12		for deceased human bodies before their disposition.
13		Nothing in this Code shall prohibit the ownership and
14		management of such a place by an unlicensed owner if the
15		place is operated in accordance with this Code and the
16		unlicensed owner does not engage in any form of funeral
17		directing. An unlicensed owner may interact with consumers
18		while a licensed funeral director is present in accordance
19		with this Section.
20		(c) The removal of a deceased human body from its
21		place of death, institution, or other location. A licensed
22		funeral director and embalmer intern may remove a deceased
23		human body from its place of death, institution, or other
24		location without another licensee being present. The
25		licensed funeral director may engage others who are not
26		licensed funeral directors, licensed funeral director and

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1		embalmers, or licensed funeral director and embalmer
2		interns to assist in the removal if the funeral director
3		directs and instructs them in handling and precautionary
4		procedures and accompanies them on all calls. The
5		transportation of deceased human remains to a cemetery,
6		crematory or other place of final disposition shall be
7		under the immediate direct supervision of a licensee
8		unless otherwise permitted by this Section. The
9		transportation of deceased human remains that are embalmed
10		or otherwise prepared and enclosed in an appropriate
11		container to some other place that is not the place of
12		final disposition, such as another funeral home or common
13		carrier, or to a facility that shares common ownership
14		with the transporting funeral home may be performed under
15		the general supervision of a licensee, but the supervision
16		need not be immediate or direct.
17		(d) The administering and conducting of, or assuming
18		responsibility for administering and conducting of, at
19		need funeral arrangements.
20		(e) The assuming custody of, transportation, providing
21		shelter, protection and care and disposition of deceased
22		human remains and the furnishing of necessary funeral
23		services, facilities and equipment.
24		(f) Using in connection with a name or practice the
25		word "funeral director", "undertaker", "mortician",
26		"funeral home", "funeral parlor", "funeral chapel", or any

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1		other title implying that the person is engaged in the
2		practice of funeral directing.
3		Within the existing scope of the practice of funeral
4		directing or funeral directing and embalming, only a licensed
5		funeral director, a licensed funeral director and embalmer, or
6		a licensed funeral director and embalmer intern under the
7		restrictions provided for in this Code, and not any other
8		person employed or contracted by the licensee, may engage in
9		the following activities at-need: (1) have direct contact with
10		consumers and explain funeral or burial merchandise or
11		services or (2) negotiate, develop, or finalize contracts with
12		consumers. This paragraph shall not be construed or enforced
13		in such a manner as to limit the functions of persons regulated
14		under the Illinois Funeral or Burial Funds Act, the Illinois
15		Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
16		Cemetery Care Act, the Cemetery Association Act, the Illinois
17		Insurance Code, or any other related professional regulatory
18		Act.
19		The practice of funeral directing shall not include the
20		phoning in of obituary notices, ordering of flowers for the
21		funeral, or reporting of prices on the firm's general price
22		list as required by the Federal Trade Commission Funeral Rule
23		by nonlicensed persons, or like clerical tasks incidental to
24		the act of making funeral arrangements.
25		The making of funeral arrangements, at need, shall be done
26		only by licensed funeral directors or licensed funeral

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1		directors and embalmers. Licensed funeral director and
2		embalmer interns may, however, assist or participate in the
3		arrangements under the direct supervision of a licensed
4		funeral director or licensed funeral director and embalmer.
5		(Source: P.A. 97-1130, eff. 8-28-12; 98-432, eff. 1-1-14.)
6		(225 ILCS 41/1-30)
7		(Section scheduled to be repealed on January 1, 2023)
8		Sec. 1-30. Powers of the Department. Subject to the
9		provisions of this Code, the Department may exercise the
10		following powers:
11		(1) To authorize examinations to ascertain the
12		qualifications and fitness of applicants for licensing as
13		a licensed funeral director and embalmer and pass upon the
14		qualifications of applicants for licensure.
15		(2) To examine the records of a licensed funeral
16		director or licensed funeral director and embalmer from
17		any year or any other aspect of funeral directing and
18		embalming as the Department deems appropriate.
19		(3) To investigate any and all funeral directing and
20		embalming activity.
21		(4) To conduct hearings on proceedings to refuse to
22		issue or renew licenses or to revoke, suspend, place on
23		probation, reprimand, or otherwise discipline a license
24		under this Code or take other non-disciplinary action.
25		(5) To adopt all necessary and reasonable rules and

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1		regulations for the effective administration of this Code.
2		(6) To prescribe forms to be issued for the
3		administration and enforcement of this Code.
4		(7) (Blank). To maintain rosters of the names and
5		addresses of all licensees and all persons whose licenses
6		have been suspended, revoked, denied renewal, or otherwise
7		disciplined within the previous calendar year. These
8		rosters shall be available upon written request and
9		payment of the required fee as established by rule.
10		(8) To contract with third parties for services
11		necessary for the proper administration of this Code
12		including, without limitation, investigators with the
13		proper knowledge, training, and skills to properly inspect
14		funeral homes and investigate complaints under this Code.
15		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
16		(225 ILCS 41/5-7)
17		(Section scheduled to be repealed on January 1, 2023)
18		Sec. 5-7. Address of record; email address of record. All
19		applicants and licensees shall:
20		(1) provide a valid address and email address to the
21		Department, which shall serve as the address of record and
22		email address of record, respectively, at the time of
23		application for licensure or renewal or restoration of a
24		license; and
25		(2) It is the duty of the applicant or licensee to

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1		inform the Department of any change of address within 14
2		days after the change of address of record or email
3		address of record, either through the Department's website
4		or by contacting the Department's licensure maintenance
5		unit.
6		(Source: P.A. 96-1463, eff. 1-1-11.)
7		(225 ILCS 41/5-10)
8		(Section scheduled to be repealed on January 1, 2023)
9		Sec. 5-10. Funeral director license; display. Every holder
10		of a license as a funeral director shall display it, or a copy,
11		in a conspicuous place in the licensee's place of practice or
12		in the place of practice in which the licensee is employed or
13		contracted. If the licensee is engaged in funeral directing at
14		more than one place of practice, then in the licensee's
15		principal place of practice or the principal place of practice
16		of the licensee's employer and a copy of the license shall be
17		displayed in a conspicuous place at all other places of
18		practice. Every displayed license shall have the license
19		number visible.
20		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
21		(225 ILCS 41/5-15)
22		(Section scheduled to be repealed on January 1, 2023)
23		Sec. 5-15. Renewal; reinstatement; restoration. The
24		expiration date and renewal period for each license issued

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1		under this Article shall be set by rule. The holder of a
2		license as a licensed funeral director may renew the license
3		during the month preceding the expiration date of the license
4		by paying the required fee. A licensed funeral director whose
5		license has expired may have the license reinstated within 5
6		years from the date of expiration upon payment of the required
7		reinstatement fee. The reinstatement shall be effective as of
8		the date of reissuance of the license.
9		Any licensed funeral director whose license has been
10		expired for more than 5 years may have the license restored
11		only by fulfilling the requirements of the Department's rules
12		and by paying the required restoration fee. However, any
13		licensed funeral director whose license has expired while he
14		or she has been engaged (1) in federal service on active duty
15		with the United States Army, Navy, Marine Corps, Air Force, or
16		Coast Guard, or the State Militia called into the service or
17		training of the United States of America or (2) in training or
18		education under the supervision of the United States
19		preliminary to induction into the military service may have
20		his or her license restored without paying any lapsed renewal
21		fees or restoration fee or without passing any examination if,
22		within 2 years after termination of the service, training or
23		education other than by dishonorable discharge, he or she
24		furnishes the Department with an affidavit to the effect that
25		he or she has been so engaged and that his or her service,
26		training or education has been so terminated.

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1		In addition to any other requirement for renewal of a
2		license or reinstatement or restoration of an expired license,
3		as a condition for the renewal, reinstatement, or restoration
4		of a license as a licensed funeral director, each licensee
5		shall provide evidence to the Department of completion of at
6		least 12 hours of continuing education during the 24 months
7		preceding the expiration date of the license, or in the case of
8		reinstatement or restoration, during the 24 months preceding
9		application for reinstatement or restoration. The continuing
10		education sponsors shall be approved by the Board. In
11		addition, any qualified continuing education course for
12		funeral directors offered by a college, university, the
13		Illinois Funeral Directors Association, Funeral Directors
14		Services Association of Greater Chicago, Cook County
15		Association of Funeral Home Owners, Inc., Illinois Selected
16		Morticians Association, Inc., Illinois Cemetery and Funeral
17		Home Association, National Funeral Directors Association,
18		Selected Independent Funeral Homes, National Funeral Directors
19		and Morticians Association, Inc., International Order of the
20		Golden Rule, or an Illinois school of mortuary science shall
21		be accepted toward satisfaction of the continuing education
22		requirements.
23		The Department shall establish by rule a means for
24		verification of completion of the continuing education
25		required by this Section. This verification may be
26		accomplished through audits of records maintained by

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1		licensees, by requiring the filing of continued education
2		certificates with the Department or a qualified organization
3		selected by the Department to maintain these records, or by
4		other means established by the Department.
5		Except as otherwise provided in this paragraph, a person
6		who is licensed as a funeral director under this Code and who
7		has engaged in the practice of funeral directing for at least
8		40 years shall be exempt from the continuing education
9		requirements of this Section. Licensees who have not engaged
10		in the practice of funeral directing for at least 40 years by
11		January 1, 2016 shall not receive this exemption after that
12		date. In addition, the Department shall establish by rule an
13		exemption or exception, for a limited period of time, for
14		funeral directors who, by reason of advanced age, health or
15		other extreme condition should reasonably be excused from the
16		continuing education requirement upon the approval of the
17		Secretary. Those persons, identified above, who cannot attend
18		on-site classes, shall have the opportunity to comply by
19		completing home study courses designed for them by sponsors.
20		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
21		(225 ILCS 41/5-18)
22		(Section scheduled to be repealed on January 1, 2023)
23		Sec. 5-18. Inactive status.
24		(a) Any funeral director who notifies the Department in
25		writing on forms prescribed by the Department may elect to

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1		place his or her license on an inactive status and shall,
2		subject to rules of the Department, be excused from payment of
3		renewal fees and completion of continuing education
4		requirements until he or she notifies the Department in
5		writing of an intent to restore or reinstate the license to
6		active status.
7		(b) Any licensee who has permitted his or her license to
8		expire or who has had his or her license on inactive status may
9		have the license restored by making application to the
10		Department, by filing proof acceptable to the Department of
11		his or her fitness to have the license restored, and by paying
12		the required fees. Proof of fitness may include sworn evidence
13		certifying to active lawful practice in another jurisdiction.
14		If the licensee has not maintained an active practice in
15		another jurisdiction satisfactory to the Department, then the
16		Department shall determine the licensee's fitness to resume
17		active status and may require successful completion of a
18		practical examination or any other method it deems
19		appropriate, including, but not limited to, those established
20		by rule by an evaluation program, established by rule, his or
21		her fitness for restoration of the license and shall establish
22		procedures and requirements for restoration. Any licensee
23		whose license is on inactive status shall not practice in the
24		State.
25		(c) Any licensee whose license is on inactive status or in
26		a non-renewed status shall not engage in the practice of

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1		funeral directing in the State or use the title or advertise
2		that he or she performs the services of a licensed funeral
3		director. Any person violating this Section shall be
4		considered to be practicing without a license and shall be
5		subject to the disciplinary provisions of this Code.
6		(Source: P.A. 97-1130, eff. 8-28-12.)
7		(225 ILCS 41/5-20)
8		(Section scheduled to be repealed on January 1, 2023)
9		Sec. 5-20. Disposition of unclaimed cremated remains. The
10		holder of a license is authorized at his or her discretion to
11		effect a final disposition of the unclaimed cremated remains
12		of any cremated human body if no person lawfully entitled to
13		the custody of the remains ashes makes or has made a proper
14		request for them within 60 days one year of the date of death
15		of the person whose body was cremated.
16		(Source: P.A. 97-1130, eff. 8-28-12.)
17		(225 ILCS 41/10-7)
18		(Section scheduled to be repealed on January 1, 2023)
19		Sec. 10-7. Address of record; email address of record. All
20		applicants and licensees shall:
21		(1) provide a valid address and email address to the
22		Department, which shall serve as the address of record and
23		email address of record, respectively, at the time of
24		application for licensure or renewal or restoration of a

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1		license; and
2		(2) It is the duty of the applicant or licensee to
3		inform the Department of any change of address within 14
4		days after the change of address of record or email
5		address of record, either through the Department's website
6		or by contacting the Department's licensure maintenance
7		unit.
8		(Source: P.A. 96-1463, eff. 1-1-11.)
9		(225 ILCS 41/10-20)
10		(Section scheduled to be repealed on January 1, 2023)
11		Sec. 10-20. Application. Every person who desires to
12		obtain a license under this Code shall apply to the Department
13		in writing on forms or electronically as prescribed prepared
14		and furnished by the Department. The application shall contain
15		proof of the particular qualifications required of the
16		applicant, shall be certified by the applicant, and shall be
17		accompanied by the required fee that shall not be refundable.
18		Applicants have 3 years after the date of application to
19		complete the application process. If the process has not been
20		completed in 3 years, then the application shall be denied,
21		the fee shall be forfeited, and the applicant must reapply and
22		meet the requirements in effect at the time of reapplication.
23		(Source: P.A. 97-1130, eff. 8-28-12.)
24		(225 ILCS 41/10-30)

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1		(Section scheduled to be repealed on January 1, 2023)
2		Sec. 10-30. Issuance, display of license. Whenever an
3		applicant has met the requirements of this Code, the
4		Department may shall issue to the applicant a license as a
5		licensed funeral director and embalmer or licensed funeral
6		director and embalmer intern, as the case may be.
7		Every holder of a license shall display it in a
8		conspicuous place in the licensee's place of practice or in
9		the place of practice in which the licensee is employed or
10		contracted. If the licensee is engaged in funeral directing
11		and embalming at more than one place of practice, then the
12		license shall be displayed in the licensee's principal place
13		of practice or the principal place of practice of the
14		licensee's employer and a copy of the license shall be
15		displayed in a conspicuous place at all other places of
16		practice. Every displayed license shall have the license
17		number visible.
18		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
19		(225 ILCS 41/10-43)
20		(Section scheduled to be repealed on January 1, 2023)
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

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1		authority are, on the date of licensure, substantially
2		equivalent equal to the requirements set forth under this Code
3		and (ii) the applicant provides the Department with evidence
4		of good standing from the licensing authority of that
5		jurisdiction. An applicant under this Section shall pay all of
6		the required fees.
7		(Source: P.A. 97-1130, eff. 8-28-12.)
8		(225 ILCS 41/15-10)
9		(Section scheduled to be repealed on January 1, 2023)
10		Sec. 15-10. Administrative Procedure Act. The Illinois
11		Administrative Procedure Act is hereby expressly adopted and
12		incorporated into this Code as if all of the provisions of that
13		Act were included in this Code, except that the provision of
14		subsection (d) of Section 10-65 of the Illinois Administrative
15		Procedure Act that provides that at hearings the licensee has
16		the right to show compliance with all lawful requirements for
17		retention, continuation or renewal of the license is
18		specifically excluded. For the purposes of this Code the
19		notice required under Section 10-25 of the Illinois
20		Administrative Procedure Act is deemed sufficient when mailed
21		to the address of record or when emailed to the email address
22		of record.
23		(Source: P.A. 96-1463, eff. 1-1-11.)
24		(225 ILCS 41/15-15)

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1		(Section scheduled to be repealed on January 1, 2023)
2		Sec. 15-15. Complaints; investigations; hearings. The
3		Department may investigate the actions of any applicant or of
4		any person or persons rendering or offering to render services
5		or any person holding or claiming to hold a license under this
6		Code.
7		The Department shall, before refusing to issue or renew a
8		license or seeking to discipline a licensee under Section
9		15-75 75, at least 30 days before the date set for the hearing,
10		(i) notify the accused in writing of the charges made and the
11		time and place for the hearing on the charges, (ii) direct him
12		or her to file a written answer to the charges under oath
13		within 20 days after service, and (iii) inform the applicant
14		or licensee that failure to answer shall result in a default
15		being entered against the applicant or licensee.
16		At the time and place fixed in the notice, the Board or the
17		hearing officer appointed by the Secretary shall proceed to
18		hear the charges and the parties or their counsel shall be
19		accorded ample opportunity to present any pertinent
20		statements, testimony, evidence, and arguments. The Board or
21		hearing officer may continue the hearing from time to time. In
22		case the person, after receiving the notice, fails to file an
23		answer, his or her license may, in the discretion of the
24		Secretary, having first received the recommendation of the
25		Board, be suspended, revoked, or placed on probationary
26		status, or be subject to whatever disciplinary action the

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1		Secretary considers proper, including limiting the scope,
2		nature, or extent of the person's practice or the imposition
3		of a fine, without a hearing, if the act or acts charged
4		constitute sufficient grounds for that action under this Code.
5		The written notice and any notice in the subsequent proceeding
6		may be served by regular or certified mail or email to the
7		licensee's address of record.
8		(Source: P.A. 96-48, eff. 7-17-09; 96-1463, eff. 1-1-11;
9		97-1130, eff. 8-28-12.)
10		(225 ILCS 41/15-18)
11		(Section scheduled to be repealed on January 1, 2023)
12		Sec. 15-18. Temporary suspension. The Secretary may
13		temporarily suspend the license of a licensee without a
14		hearing, simultaneously with the institution of proceedings
15		for a hearing provided in Section 15-15 of this Code, if the
16		Secretary finds that the public interest, safety, or welfare
17		requires such emergency action. In the event that the
18		Secretary temporarily suspends a license without a hearing
19		before the Board or a duly appointed hearing officer, a
20		hearing shall be held within 30 days after the suspension has
21		occurred. The suspended licensee may seek a continuance of the
22		hearing, during which time the suspension shall remain in
23		effect. The proceeding shall be concluded without appreciable
24		delay. If the Department does not hold a hearing within 30 days
25		after the date of the suspension, unless continued at the

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1		request of the suspended licensee, then the licensee's license
2		shall be automatically reinstated.
3		(Source: P.A. 97-1130, eff. 8-28-12.)
4		(225 ILCS 41/15-20)
5		(Section scheduled to be repealed on January 1, 2023)
6		Sec. 15-20. Transcript; record of proceedings.
7		(a) The Department, at its expense, shall provide a
8		certified shorthand reporter to take down the testimony and
9		preserve a record of all proceedings at the hearing of any case
10		in which a licensee may be revoked, suspended, placed on
11		probationary status, reprimanded, fined, or subjected to other
12		disciplinary action with reference to the license when a
13		disciplinary action is authorized under this Act and rules.
14		The notice of hearing, complaint, and all other documents in
15		the nature of pleadings and written portions filed in the
16		proceedings, the transcript of the testimony, the report of
17		the hearing officer, and the orders of the Department shall be
18		the records of the proceedings. The record may be made
19		available to any person interested in the hearing upon payment
20		of the fee required by Section 2105-115 of the Department of
21		Professional Regulation Law of the Civil Administrative Code
22		of Illinois preserve a record of all proceedings at the formal
23		hearing of any case. The notice of hearing, complaint and all
24		other documents in the nature of pleadings and written motions
25		filed in the proceedings, the transcript of testimony, the

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1		report of the Board or hearing officer, and the orders of the
2		Department shall be the record of the proceedings.
3		(b) The Department may contract for court reporting
4		services, and, if it does so, the Department shall provide the
5		name and contact information for the certified shorthand
6		reporter who transcribed the testimony at a hearing to any
7		person interested, who may obtain a copy of the transcript of
8		any proceedings at a hearing upon payment of the fee specified
9		by the certified shorthand reporter.
10		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
11		(225 ILCS 41/15-21)
12		(Section scheduled to be repealed on January 1, 2023)
13		Sec. 15-21. Findings and recommendations. At the
14		conclusion of the hearing, the Board or hearing officer shall
15		present to the Secretary a written report of its findings of
16		fact, conclusions of law, and recommendations. The report
17		shall contain a finding of whether or not the accused person
18		violated this Code or its rules or failed to comply with the
19		conditions required in this Code or its rules. The Board shall
20		specify the nature of any violations or failure to comply and
21		shall make its recommendations to the Secretary. In making
22		recommendations for any disciplinary action, the Board may
23		take into consideration all facts and circumstances,
24		including, but not limited to: the seriousness of the
25		offenses; the presence of multiple offenses; prior

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1		disciplinary history or the lack thereof, including actions
2		taken by other agencies in this State, by other states or
3		jurisdictions, hospitals, health care facilities, residency
4		programs, employers, or professional liability insurance
5		companies or any of the armed forces of the United States or
6		any state; the impact of the offenses on any injured party; the
7		vulnerability of any injured party, including, but not limited
8		to, consideration of the injured party's age, disability, or
9		mental illness; motive for the offense; contrition or lack
10		thereof for the offense; financial gain as a result of
11		committing the offenses; cooperation or lack thereof with the
12		Department or other investigative authorities; restitution to
13		injured parties; whether the conduct was self-reported; and
14		any voluntary remedial actions taken bearing upon the
15		reasonableness of the conduct of the accused and the potential
16		for future harm to the public, including, but not limited to,
17		previous discipline of the accused by the Department, intent,
18		degree of harm to the public and likelihood of harm in the
19		future, any restitution made by the accused, and whether the
20		incident or incidents contained in the complaint appear to be
21		isolated or represent a continuing pattern of conduct. In
22		making its recommendations for discipline, the Board shall
23		endeavor to ensure that the severity of the discipline
24		recommended is reasonably related to the severity of the
25		violation.
26		The report of findings of fact, conclusions of law, and

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1		recommendation of the Board or hearing officer shall be the
2		basis for the Secretary's order refusing to issue, restore, or
3		renew a license, or otherwise disciplining a licensee. If the
4		Secretary disagrees with the recommendations of the Board or
5		hearing officer, the Secretary may issue an order in
6		contravention of the Board or hearing officer's
7		recommendations. The finding is not admissible in evidence
8		against the person in a criminal prosecution brought for a
9		violation of this Code, but the hearing and finding are not a
10		bar to a criminal prosecution brought for a violation of this
11		Code.
12		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
13		(225 ILCS 41/15-22)
14		(Section scheduled to be repealed on January 1, 2023)
15		Sec. 15-22. Rehearing. At the conclusion of the hearing,
16		a copy of the Board or hearing officer's report shall be served
17		upon the applicant or licensee by the Department, either
18		personally or as provided in this Code for the service of a
19		notice of hearing. Within 20 calendar days after service, the
20		applicant or licensee may present to the Department a motion
21		in writing for a rehearing, which shall specify the particular
22		grounds for rehearing. The Department may respond to the
23		motion for rehearing within 20 calendar days after its service
24		on the Department. If no motion for rehearing is filed, then
25		upon the expiration of the time specified for filing such a

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1		motion, or if a motion for rehearing is denied, then upon
2		denial, the Secretary may enter an order in accordance with
3		the recommendations of the Board or hearing officer. If the
4		applicant or licensee orders from the reporting service and
5		pays for a transcript of the record within the time for filing
6		a motion for rehearing, the 20-day period within which a
7		motion may be filed shall commence upon the delivery of the
8		transcript to the applicant or licensee.
9		If the Secretary believes that substantial justice has not
10		been done in the revocation, suspension, or refusal to issue,
11		restore, or renew a license, or other discipline of an
12		applicant or licensee, he or she may order a rehearing by the
13		same or other hearing officers.
14		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
15		(225 ILCS 41/15-30)
16		(Section scheduled to be repealed on January 1, 2023)
17		Sec. 15-30. Unlicensed practice; violations; civil penalty
18		Mental incompetence; suspension.
19		(a) Any person who practices, offers to practice, attempts
20		to practice, or holds one's self out as a funeral director or a
21		funeral director and embalmer or a funeral director and
22		embalmer intern as provided in this Code without being
23		licensed or exempt under this Code shall, in addition to any
24		other penalty provided by law, pay a civil penalty to the
25		Department in an amount not to exceed $10,000 for each

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1		offense, as determined by the Department. The civil penalty
2		shall be assessed by the Department after a hearing is held in
3		accordance with Section 15-75.
4		(b) The Department may investigate any actual, alleged, or
5		suspected unlicensed activity.
6		(c) The civil penalty shall be paid within 60 days after
7		the effective date of the order imposing the civil penalty.
8		The order shall constitute a judgment and may be filed and
9		execution had thereon in the same manner as any judgment from
10		any court of record.
11		(d) A person or entity not licensed under this Code who has
12		violated any provision of this Code or its rules is guilty of a
13		Class A misdemeanor for the first offense and a Class 4 felony
14		for a second and subsequent offenses.
15		The entry of a judgment by any court of competent jurisdiction
16		establishing the mental incompetence of any person holding a
17		license under this Code operates as a suspension of that
18		person's license. The person may resume his or her practice
19		only upon a finding by a court of competent jurisdiction that
20		the person has recovered mental capacity.
21		(Source: P.A. 96-1463, eff. 1-1-11.)
22		(225 ILCS 41/15-40)
23		(Section scheduled to be repealed on January 1, 2023)
24		Sec. 15-40. Certification of record; receipt. The
25		Department shall not be required to certify any record to the

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1		court, to file an answer in court, or otherwise to appear in
2		any court in a judicial review proceeding unless and until the
3		Department has received from the plaintiff payment of the
4		costs of furnishing and certifying the record, which costs
5		shall be determined by the Department. Exhibits shall be
6		certified without cost. Failure on the part of the Plaintiff
7		to file a receipt in court is grounds for dismissal of the
8		action.
9		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
10		(225 ILCS 41/15-41)
11		(Section scheduled to be repealed on January 1, 2023)
12		Sec. 15-41. Order or certified copy; prima facie proof. An
13		order or certified copy thereof, over the seal of the
14		Department and purporting to be signed by the Secretary, is
15		prima facie proof that:
16		(1) the signature is the genuine signature of the
17		Secretary; and
18		(2) the Secretary is duly appointed and qualified;
19		and .
20		(3) the Board and the members of the Board are
21		qualified to act.
22		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
23		(225 ILCS 41/15-65)
24		(Section scheduled to be repealed on January 1, 2023)

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1		Sec. 15-65. Fees. The Department shall provide by rule for
2		a schedule of fees for the administration and enforcement of
3		this Code, including but not limited to, original licensure,
4		renewal, and restoration. The fees shall be nonrefundable.
5		All fees, fines, and penalties collected under this Code
6		shall be deposited into the General Professions Dedicated Fund
7		and shall be appropriated to the Department for the ordinary
8		and contingent expenses of the Department in the
9		administration of this Code.
10		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
11		(225 ILCS 41/15-75)
12		(Section scheduled to be repealed on January 1, 2023)
13		Sec. 15-75. Grounds Violations; grounds for discipline;
14		penalties.
15		(a) (Blank). Each of the following acts is a Class A
16		misdemeanor for the first offense, and a Class 4 felony for
17		each subsequent offense. These penalties shall also apply to
18		unlicensed owners of funeral homes.
19		(1) Practicing the profession of funeral directing and
20		embalming or funeral directing, or attempting to practice
21		the profession of funeral directing and embalming or
22		funeral directing without a license as a funeral director
23		and embalmer or funeral director.
24		(2) Serving or attempting to serve as an intern under
25		a licensed funeral director and embalmer without a license

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1		as a licensed funeral director and embalmer intern.
2		(3) Obtaining or attempting to obtain a license,
3		practice or business, or any other thing of value, by
4		fraud or misrepresentation.
5		(4) Permitting any person in one's employ, under one's
6		control or in or under one's service to serve as a funeral
7		director and embalmer, funeral director, or funeral
8		director and embalmer intern when the person does not have
9		the appropriate license.
10		(5) Failing to display a license as required by this
11		Code.
12		(6) Giving false information or making a false oath or
13		affidavit required by this Code.
14		(b) The Department may refuse to issue or renew, revoke,
15		suspend, place on probation or administrative supervision,
16		reprimand, or take other disciplinary or non-disciplinary
17		action as the Department may deem appropriate, including
18		imposing fines not to exceed $10,000 for each violation, with
19		regard to any license under the Code for any one or combination
20		of the following:
21		(1) Fraud or any misrepresentation in applying for or
22		procuring a license under this Code or in connection with
23		applying for renewal of a license under this Code.
24		(2) For licenses, conviction by plea of guilty or nolo
25		contendere, finding of guilt, jury verdict, or entry of
26		judgment or by sentencing of any crime, including, but not

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1		limited to, convictions, preceding sentences of
2		supervision, conditional discharge, or first offender
3		probation, under the laws of any jurisdiction of the
4		United States: (i) that is a felony or (ii) that is a
5		misdemeanor, an essential element of which is dishonesty,
6		or that is directly related to the practice of the
7		profession and, for initial applicants, convictions set
8		forth in Section 15-72 of this Act.
9		(3) Violation of the laws of this State relating to
10		the funeral, burial or disposition of deceased human
11		bodies or of the rules and regulations of the Department,
12		or the Department of Public Health.
13		(4) Directly or indirectly paying or causing to be
14		paid any sum of money or other valuable consideration for
15		the securing of business or for obtaining authority to
16		dispose of any deceased human body.
17		(5) Professional incompetence, gross negligence,
18		malpractice, or untrustworthiness in the practice of
19		funeral directing and embalming or funeral directing.
20		(6) (Blank).
21		(7) Engaging in, promoting, selling, or issuing burial
22		contracts, burial certificates, or burial insurance
23		policies in connection with the profession as a funeral
24		director and embalmer, funeral director, or funeral
25		director and embalmer intern in violation of any laws of
26		the State of Illinois.

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1		(8) Refusing, without cause, to surrender the custody
2		of a deceased human body upon the proper request of the
3		person or persons lawfully entitled to the custody of the
4		body.
5		(9) Taking undue advantage of a client or clients as
6		to amount to the perpetration of fraud.
7		(10) Engaging in funeral directing and embalming or
8		funeral directing without a license.
9		(11) Encouraging, requesting, or suggesting by a
10		licensee or some person working on his behalf and with his
11		consent for compensation that a person utilize the
12		services of a certain funeral director and embalmer,
13		funeral director, or funeral establishment unless that
14		information has been expressly requested by the person.
15		This does not prohibit general advertising or pre-need
16		solicitation.
17		(12) Making or causing to be made any false or
18		misleading statements about the laws concerning the
19		disposition of human remains, including, but not limited
20		to, the need to embalm, the need for a casket for cremation
21		or the need for an outer burial container.
22		(13) (Blank).
23		(14) Embalming or attempting to embalm a deceased
24		human body without express prior authorization of the
25		person responsible for making the funeral arrangements for
26		the body. This does not apply to cases where embalming is

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1		directed by local authorities who have jurisdiction or
2		when embalming is required by State or local law. A
3		licensee may embalm without express prior authorization if
4		a good faith effort has been made to contact family
5		members and has been unsuccessful and the licensee has no
6		reason to believe the family opposes embalming.
7		(15) Making a false statement on a Certificate of
8		Death where the person making the statement knew or should
9		have known that the statement was false.
10		(16) Soliciting human bodies after death or while
11		death is imminent.
12		(17) Performing any act or practice that is a
13		violation of this Code, the rules for the administration
14		of this Code, or any federal, State or local laws, rules,
15		or regulations governing the practice of funeral directing
16		or embalming.
17		(18) Performing any act or practice that is a
18		violation of Section 2 of the Consumer Fraud and Deceptive
19		Business Practices Act.
20		(19) Engaging in dishonorable, unethical, or
21		unprofessional conduct of a character likely to deceive,
22		defraud or harm the public.
23		(20) Taking possession of a dead human body without
24		having first obtained express permission from the person
25		holding the right to control the disposition in accordance
26		with Section 5 of the Disposition of Remains Act or a

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1		public agency legally authorized to direct, control or
2		permit the removal of deceased human bodies.
3		(21) Advertising in a false or misleading manner or
4		advertising using the name of an unlicensed person in
5		connection with any service being rendered in the practice
6		of funeral directing or funeral directing and embalming.
7		The use of any name of an unlicensed or unregistered
8		person in an advertisement so as to imply that the person
9		will perform services is considered misleading
10		advertising. Nothing in this paragraph shall prevent
11		including the name of any owner, officer or corporate
12		director of a funeral home, who is not a licensee, in any
13		advertisement used by a funeral home with which the
14		individual is affiliated, if the advertisement specifies
15		the individual's affiliation with the funeral home.
16		(22) Charging for professional services not rendered,
17		including filing false statements for the collection of
18		fees for which services are not rendered.
19		(23) Failing to account for or remit any monies,
20		documents, or personal property that belongs to others
21		that comes into a licensee's possession.
22		(24) Treating any person differently to his detriment
23		because of race, color, creed, gender, religion, or
24		national origin.
25		(25) Knowingly making any false statements, oral or
26		otherwise, of a character likely to influence, persuade or

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1		induce others in the course of performing professional
2		services or activities.
3		(26) Willfully making or filing false records or
4		reports in the practice of funeral directing and
5		embalming, including, but not limited to, false records
6		filed with State agencies or departments.
7		(27) Failing to acquire continuing education required
8		under this Code.
9		(28) (Blank).
10		(29) Aiding or assisting another person in violating
11		any provision of this Code or rules adopted pursuant to
12		this Code.
13		(30) Failing within 10 days, to provide information in
14		response to a written request made by the Department.
15		(31) Discipline by another state, District of
16		Columbia, territory, foreign nation, or governmental
17		agency, if at least one of the grounds for the discipline
18		is the same or substantially equivalent to those set forth
19		in this Section.
20		(32) (Blank).
21		(33) Mental illness or disability which results in the
22		inability to practice the profession with reasonable
23		judgment, skill, or safety.
24		(34) Gross, willful, or continued overcharging for
25		professional services, including filing false statements
26		for collection of fees for which services are not

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1		rendered.
2		(35) Physical illness, including, but not limited to,
3		deterioration through the aging process or loss of motor
4		skill which results in a licensee's inability to practice
5		under this Code with reasonable judgment, skill, or
6		safety.
7		(36) Failing to comply with any of the following
8		required activities:
9		(A) When reasonably possible, a funeral director
10		licensee or funeral director and embalmer licensee or
11		anyone acting on his or her behalf shall obtain the
12		express authorization of the person or persons
13		responsible for making the funeral arrangements for a
14		deceased human body prior to removing a body from the
15		place of death or any place it may be or embalming or
16		attempting to embalm a deceased human body, unless
17		required by State or local law. This requirement is
18		waived whenever removal or embalming is directed by
19		local authorities who have jurisdiction. If the
20		responsibility for the handling of the remains
21		lawfully falls under the jurisdiction of a public
22		agency, then the regulations of the public agency
23		shall prevail.
24		(B) A licensee shall clearly mark the price of any
25		casket offered for sale or the price of any service
26		using the casket on or in the casket if the casket is

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1		displayed at the funeral establishment. If the casket
2		is displayed at any other location, regardless of
3		whether the licensee is in control of that location,
4		the casket shall be clearly marked and the registrant
5		shall use books, catalogues, brochures, or other
6		printed display aids to show the price of each casket
7		or service.
8		(C) At the time funeral arrangements are made and
9		prior to rendering the funeral services, a licensee
10		shall furnish a written statement of services to be
11		retained by the person or persons making the funeral
12		arrangements, signed by both parties, that shall
13		contain: (i) the name, address and telephone number of
14		the funeral establishment and the date on which the
15		arrangements were made; (ii) the price of the service
16		selected and the services and merchandise included for
17		that price; (iii) a clear disclosure that the person
18		or persons making the arrangement may decline and
19		receive credit for any service or merchandise not
20		desired and not required by law or the funeral
21		director or the funeral director and embalmer; (iv)
22		the supplemental items of service and merchandise
23		requested and the price of each item; (v) the terms or
24		method of payment agreed upon; and (vi) a statement as
25		to any monetary advances made by the registrant on
26		behalf of the family. The licensee shall maintain a

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1		copy of the written statement of services in its
2		permanent records. All written statements of services
3		are subject to inspection by the Department.
4		(D) In all instances where the place of final
5		disposition of a deceased human body or the cremated
6		remains of a deceased human body is a cemetery, the
7		licensed funeral director and embalmer, or licensed
8		funeral director, who has been engaged to provide
9		funeral or embalming services shall remain at the
10		cemetery and personally witness the placement of the
11		human remains in their designated grave or the sealing
12		of the above ground depository, crypt, or urn. The
13		licensed funeral director or licensed funeral director
14		and embalmer may designate a licensed funeral director
15		and embalmer intern or representative of the funeral
16		home to be his or her witness to the placement of the
17		remains. If the cemetery authority, cemetery manager,
18		or any other agent of the cemetery takes any action
19		that prevents compliance with this paragraph (D), then
20		the funeral director and embalmer or funeral director
21		shall provide written notice to the Department within
22		5 business days after failing to comply. If the
23		Department receives this notice, then the Department
24		shall not take any disciplinary action against the
25		funeral director and embalmer or funeral director for
26		a violation of this paragraph (D) unless the

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1		Department finds that the cemetery authority, manager,
2		or any other agent of the cemetery did not prevent the
3		funeral director and embalmer or funeral director from
4		complying with this paragraph (D) as claimed in the
5		written notice.
6		(E) A funeral director or funeral director and
7		embalmer shall fully complete the portion of the
8		Certificate of Death under the responsibility of the
9		funeral director or funeral director and embalmer and
10		provide all required information. In the event that
11		any reported information subsequently changes or
12		proves incorrect, a funeral director or funeral
13		director and embalmer shall immediately upon learning
14		the correct information correct the Certificate of
15		Death.
16		(37) A finding by the Department that the licensee,
17		after having his or her license placed on probationary
18		status or subjected to conditions or restrictions,
19		violated the terms of the probation or failed to comply
20		with such terms or conditions.
21		(38) (Blank).
22		(39) Being named as a perpetrator in an indicated
23		report by the Department of Children and Family Services
24		pursuant to the Abused and Neglected Child Reporting Act
25		and, upon proof by clear and convincing evidence, being
26		found to have caused a child to be an abused child or

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1		neglected child as defined in the Abused and Neglected
2		Child Reporting Act.
3		(40) Habitual or excessive use or abuse of drugs
4		defined in law as controlled substances, alcohol, or any
5		other substance which results in the inability to practice
6		with reasonable judgment, skill, or safety.
7		(41) Practicing under a false or, except as provided
8		by law, an assumed name.
9		(42) Cheating on or attempting to subvert the
10		licensing examination administered under this Code.
11		(c) The Department may refuse to issue or renew or may
12		suspend without a hearing, as provided for in the Department
13		of Professional Regulation Law of the Civil Administrative
14		Code of Illinois, the license of any person who fails to file a
15		return, to pay the tax, penalty or interest shown in a filed
16		return, or to pay any final assessment of tax, penalty or
17		interest as required by any tax Act administered by the
18		Illinois Department of Revenue, until the time as the
19		requirements of the tax Act are satisfied in accordance with
20		subsection (g) of Section 2105-15 of the Department of
21		Professional Regulation Law of the Civil Administrative Code
22		of Illinois.
23		(d) No action may be taken under this Code against a person
24		licensed under this Code unless the action is commenced within
25		5 years after the occurrence of the alleged violations. A
26		continuing violation shall be deemed to have occurred on the

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1		date when the circumstances last existed that give rise to the
2		alleged violation.
3		(e) Nothing in this Section shall be construed or enforced
4		to give a funeral director and embalmer, or his or her
5		designees, authority over the operation of a cemetery or over
6		cemetery employees. Nothing in this Section shall be construed
7		or enforced to impose duties or penalties on cemeteries with
8		respect to the timing of the placement of human remains in
9		their designated grave or the sealing of the above ground
10		depository, crypt, or urn due to patron safety, the allocation
11		of cemetery staffing, liability insurance, a collective
12		bargaining agreement, or other such reasons.
13		(f) All fines imposed under this Section shall be paid 60
14		days after the effective date of the order imposing the fine.
15		(g) (Blank).
16		(h) In cases where the Department of Healthcare and Family
17		Services has previously determined a licensee or a potential
18		licensee is more than 30 days delinquent in the payment of
19		child support and has subsequently certified the delinquency
20		to the Department, the Department may refuse to issue or renew
21		or may revoke or suspend that person's license or may take
22		other disciplinary action against that person based solely
23		upon the certification of delinquency made by the Department
24		of Healthcare and Family Services in accordance with item (5)
25		of subsection (a) of Section 2105-15 of the Department of
26		Professional Regulation Law of the Civil Administrative Code

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1		of Illinois.
2		(i) A person not licensed under this Code who is an owner
3		of a funeral establishment or funeral business shall not aid,
4		abet, assist, procure, advise, employ, or contract with any
5		unlicensed person to offer funeral services or aid, abet,
6		assist, or direct any licensed person contrary to or in
7		violation of any rules or provisions of this Code. A person
8		violating this subsection shall be treated as a licensee for
9		the purposes of disciplinary action under this Section and
10		shall be subject to cease and desist orders as provided in this
11		Code, the imposition of a fine up to $10,000 for each violation
12		and any other penalty provided by law.
13		(j) The determination by a circuit court that a licensee
14		is subject to involuntary admission or judicial admission as
15		provided in the Mental Health and Developmental Disabilities
16		Code, as amended, operates as an automatic suspension. The
17		suspension may end only upon a finding by a court that the
18		licensee is no longer subject to the involuntary admission or
19		judicial admission and issues an order so finding and
20		discharging the licensee, and upon the recommendation of the
21		Board to the Secretary that the licensee be allowed to resume
22		his or her practice.
23		(k) In enforcing this Code, the Department, upon a showing
24		of a possible violation, may compel an individual licensed to
25		practice under this Code, or who has applied for licensure
26		under this Code, to submit to a mental or physical

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1		examination, or both, as required by and at the expense of the
2		Department. The Department may order the examining physician
3		to present testimony concerning the mental or physical
4		examination of the licensee or applicant. No information shall
5		be excluded by reason of any common law or statutory privilege
6		relating to communications between the licensee or applicant
7		and the examining physician. The examining physician shall be
8		specifically designated by the Department. The individual to
9		be examined may have, at his or her own expense, another
10		physician of his or her choice present during all aspects of
11		this examination. The examination shall be performed by a
12		physician licensed to practice medicine in all its branches.
13		Failure of an individual to submit to a mental or physical
14		examination, when directed, shall result in an automatic
15		suspension without hearing.
16		A person holding a license under this Code or who has
17		applied for a license under this Code who, because of a
18		physical or mental illness or disability, including, but not
19		limited to, deterioration through the aging process or loss of
20		motor skill, is unable to practice the profession with
21		reasonable judgment, skill, or safety, may be required by the
22		Department to submit to care, counseling, or treatment by
23		physicians approved or designated by the Department as a
24		condition, term, or restriction for continued, reinstated, or
25		renewed licensure to practice. Submission to care, counseling,
26		or treatment as required by the Department shall not be

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1		considered discipline of a license. If the licensee refuses to
2		enter into a care, counseling, or treatment agreement or fails
3		to abide by the terms of the agreement, the Department may file
4		a complaint to revoke, suspend, or otherwise discipline the
5		license of the individual. The Secretary may order the license
6		suspended immediately, pending a hearing by the Department.
7		Fines shall not be assessed in disciplinary actions involving
8		physical or mental illness or impairment.
9		In instances in which the Secretary immediately suspends a
10		person's license under this Section, a hearing on that
11		person's license must be convened by the Department within 15
12		days after the suspension and completed without appreciable
13		delay. The Department shall have the authority to review the
14		subject individual's record of treatment and counseling
15		regarding the impairment to the extent permitted by applicable
16		federal statutes and regulations safeguarding the
17		confidentiality of medical records.
18		An individual licensed under this Code and affected under
19		this Section shall be afforded an opportunity to demonstrate
20		to the Department that he or she can resume practice in
21		compliance with acceptable and prevailing standards under the
22		provisions of his or her license.
23		(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17;
24		100-872, eff. 8-14-18.)
25		(225 ILCS 41/15-80)

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1		(Section scheduled to be repealed on January 1, 2023)
2		Sec. 15-80. Statement of place of practice; roster. Each
3		applicant for a funeral director and embalmer's license shall
4		with his or her application submit a statement of the place of
5		practice, ownership, names and license numbers of all funeral
6		directors and embalmers and funeral directors associated with
7		the applicant.
8		The Department shall maintain a roster of names and
9		addresses of all persons who hold valid licenses and all
10		persons whose licenses have been suspended or revoked within
11		the previous year. This roster shall be available upon request
12		and payment of the required fee.
13		(Source: P.A. 97-1130, eff. 8-28-12.)
14		(225 ILCS 41/15-91)
15		(Section scheduled to be repealed on January 1, 2023)
16		Sec. 15-91. Denial of license. If the Department
17		determines that an application for licensure should be denied
18		pursuant to Section 15-75, then the applicant shall be sent a
19		notice of intent to deny license and the applicant shall be
20		given the opportunity to request, within 20 days of the
21		notice, a hearing on the denial. If the applicant requests a
22		hearing, then the Secretary shall schedule a hearing within 30
23		days after the request for a hearing, unless otherwise agreed
24		to by the parties. The Secretary shall have the authority to
25		appoint an attorney duly licensed to practice law in the State

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1		of Illinois to serve as the hearing officer. The hearing
2		officer shall have full authority to conduct the hearing. The
3		hearing shall be held at the time and place designated by the
4		Secretary. The Secretary shall have the authority to prescribe
5		rules for the administration of this Section.
6		(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
7		(225 ILCS 41/10-22 rep.)
8		(225 ILCS 41/15-17 rep.)
9		(225 ILCS 41/15-100 rep.)
10		Section 15. The Funeral Directors and Embalmers Licensing
11		Code is amended by repealing Sections 10-22, 15-17, and
12		15-100.
13		Section 99. Effective date. This Section and Section 5
14		take effect upon becoming law.
HB4666 Engrossed - 47 - LRB102 24163 AMQ 33389 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.33 4 5 ILCS 80/4.38 5 225 ILCS 41/1-10 6 225 ILCS 41/1-15 7 225 ILCS 41/1-30 8 225 ILCS 41/5-7 9 225 ILCS 41/5-10 10 225 ILCS 41/5-15 11 225 ILCS 41/5-18 12 225 ILCS 41/5-20 13 225 ILCS 41/10-7 14 225 ILCS 41/10-20 15 225 ILCS 41/10-30 16 225 ILCS 41/10-43 17 225 ILCS 41/15-10 18 225 ILCS 41/15-15 19 225 ILCS 41/15-18 20 225 ILCS 41/15-20 21 225 ILCS 41/15-21 22 225 ILCS 41/15-22 23 225 ILCS 41/15-30 24 225 ILCS 41/15-40 25 225 ILCS 41/15-41 HB4666 Engrossed - 48 - LRB102 24163 AMQ 33389 b