Illinois 2023-2024 Regular Session

Illinois House Bill HB1367 Compare Versions

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1-Public Act 103-0419
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4-AN ACT concerning health.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Funeral Directors and Embalmers Licensing
8-Code is amended by changing Section 10-35 as follows:
9-(225 ILCS 41/10-35)
10-(Section scheduled to be repealed on January 1, 2028)
11-Sec. 10-35. Renewal; reinstatement; restoration. The
12-expiration date and renewal period for each license issued
13-under this Article shall be set by rule. The holder of a
14-license as a licensed funeral director and embalmer or funeral
15-director and embalmer intern may renew the license during the
16-month preceding the expiration date of the license by paying
17-the required fee. A licensed funeral director and embalmer or
18-licensed funeral director and embalmer trainee whose license
19-has expired may have the license reinstated within 5 years
20-from the date of expiration upon payment of the required
21-reinstatement fee and fulfilling the requirements of the
22-Department's rules. The reinstatement of the license is
23-effective as of the date of the reissuance of the license.
24-Any licensed funeral director and embalmer whose license
25-has been expired for more than 5 years may have the license
26-restored only by fulfilling the requirements set forth in the
3+1 AN ACT concerning health.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Funeral Directors and Embalmers Licensing
7+5 Code is amended by changing Section 10-35 as follows:
8+6 (225 ILCS 41/10-35)
9+7 (Section scheduled to be repealed on January 1, 2028)
10+8 Sec. 10-35. Renewal; reinstatement; restoration. The
11+9 expiration date and renewal period for each license issued
12+10 under this Article shall be set by rule. The holder of a
13+11 license as a licensed funeral director and embalmer or funeral
14+12 director and embalmer intern may renew the license during the
15+13 month preceding the expiration date of the license by paying
16+14 the required fee. A licensed funeral director and embalmer or
17+15 licensed funeral director and embalmer trainee whose license
18+16 has expired may have the license reinstated within 5 years
19+17 from the date of expiration upon payment of the required
20+18 reinstatement fee and fulfilling the requirements of the
21+19 Department's rules. The reinstatement of the license is
22+20 effective as of the date of the reissuance of the license.
23+21 Any licensed funeral director and embalmer whose license
24+22 has been expired for more than 5 years may have the license
25+23 restored only by fulfilling the requirements set forth in the
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33-Department's rules and by paying the required restoration fee.
34-However, any licensed funeral director and embalmer or
35-licensed funeral director and embalmer intern whose license
36-has expired while he or she has been engaged (1) in federal
37-service on active duty with the United States Army, Navy,
38-Marine Corps, Air Force, or Coast Guard, or the State Militia
39-called into the service or training of the United States of
40-America or (2) in training or education under the supervision
41-of the United States preliminary to induction into the
42-military service, may have his or her license restored without
43-paying any lapsed renewal fees or restoration fee or without
44-passing any examination if, within 2 years after termination
45-of the service, training or education other than by
46-dishonorable discharge, he or she furnishes the Department
47-with an affidavit to the effect that he or she has been so
48-engaged and that his or her service, training or education has
49-been so terminated.
50-No license of a funeral director and embalmer intern shall
51-be renewed more than twice.
52-In addition to any other requirement for renewal of a
53-license or reinstatement or restoration of an expired license,
54-as a condition for the renewal, reinstatement, or restoration
55-of a license as a licensed funeral director and embalmer, each
56-licensee shall provide evidence to the Department of
57-completion of at least 24 hours of continuing education during
58-the 24 months preceding the expiration date of the license, or
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34+1 Department's rules and by paying the required restoration fee.
35+2 However, any licensed funeral director and embalmer or
36+3 licensed funeral director and embalmer intern whose license
37+4 has expired while he or she has been engaged (1) in federal
38+5 service on active duty with the United States Army, Navy,
39+6 Marine Corps, Air Force, or Coast Guard, or the State Militia
40+7 called into the service or training of the United States of
41+8 America or (2) in training or education under the supervision
42+9 of the United States preliminary to induction into the
43+10 military service, may have his or her license restored without
44+11 paying any lapsed renewal fees or restoration fee or without
45+12 passing any examination if, within 2 years after termination
46+13 of the service, training or education other than by
47+14 dishonorable discharge, he or she furnishes the Department
48+15 with an affidavit to the effect that he or she has been so
49+16 engaged and that his or her service, training or education has
50+17 been so terminated.
51+18 No license of a funeral director and embalmer intern shall
52+19 be renewed more than twice.
53+20 In addition to any other requirement for renewal of a
54+21 license or reinstatement or restoration of an expired license,
55+22 as a condition for the renewal, reinstatement, or restoration
56+23 of a license as a licensed funeral director and embalmer, each
57+24 licensee shall provide evidence to the Department of
58+25 completion of at least 24 hours of continuing education during
59+26 the 24 months preceding the expiration date of the license, or
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61-in the case of reinstatement or restoration, within the 24
62-months preceding the application for reinstatement or
63-restoration. The continuing education sponsors shall be
64-approved by the Board. In addition, any qualified continuing
65-education course for funeral directors and embalmers offered
66-by a college, university, the Illinois Funeral Directors
67-Association, Funeral Directors Services Association of Greater
68-Chicago, Cook County Association of Funeral Home Owners, Inc.,
69-Illinois Selected Morticians Associations, Inc., Illinois
70-Cemetery and Funeral Home Association, National Funeral
71-Directors Association, Selected Independent Funeral Homes,
72-National Funeral Directors and Morticians Association, Inc.,
73-International Order of the Golden Rule, or an Illinois school
74-of mortuary science shall be accepted toward satisfaction of
75-the continuing education requirements.
76-The Department shall establish by rule a means for
77-verification of completion of the continuing education
78-required by this Section. This verification may be
79-accomplished through audits of records maintained by
80-licensees, by requiring the filing of continued education
81-certificates with the Department or a qualified organization
82-selected by the Department to maintain the records, or by
83-other means established by the Department.
84-Except as otherwise provided in this paragraph, a person
85-who is licensed as a funeral director and embalmer under this
86-Code and who has engaged in the practice of funeral directing
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89-and embalming for at least 40 years shall be exempt from the
90-continuing education requirements of this Section. Licensees
91-who have not engaged in the practice of funeral directing and
92-embalming for at least 40 years by January 1, 2016 shall not
93-receive this exemption after that date. In addition, the
94-Department shall establish by rule an exemption or exception,
95-for a limited period of time, for funeral directors and
96-embalmers who, by reason of advanced age, health or other
97-extreme condition, should reasonably be excused from the
98-continuing education requirement upon the approval of the
99-Secretary. Those persons, identified above, who cannot attend
100-on-site classes, shall have the opportunity to comply by
101-completing home study courses designed for them by sponsors.
102-(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
103-Section 99. Effective date. This Act takes effect upon
104-becoming law.
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70+1 in the case of reinstatement or restoration, within the 24
71+2 months preceding the application for reinstatement or
72+3 restoration. The continuing education sponsors shall be
73+4 approved by the Board. In addition, any qualified continuing
74+5 education course for funeral directors and embalmers offered
75+6 by a college, university, the Illinois Funeral Directors
76+7 Association, Funeral Directors Services Association of Greater
77+8 Chicago, Cook County Association of Funeral Home Owners, Inc.,
78+9 Illinois Selected Morticians Associations, Inc., Illinois
79+10 Cemetery and Funeral Home Association, National Funeral
80+11 Directors Association, Selected Independent Funeral Homes,
81+12 National Funeral Directors and Morticians Association, Inc.,
82+13 International Order of the Golden Rule, or an Illinois school
83+14 of mortuary science shall be accepted toward satisfaction of
84+15 the continuing education requirements.
85+16 The Department shall establish by rule a means for
86+17 verification of completion of the continuing education
87+18 required by this Section. This verification may be
88+19 accomplished through audits of records maintained by
89+20 licensees, by requiring the filing of continued education
90+21 certificates with the Department or a qualified organization
91+22 selected by the Department to maintain the records, or by
92+23 other means established by the Department.
93+24 Except as otherwise provided in this paragraph, a person
94+25 who is licensed as a funeral director and embalmer under this
95+26 Code and who has engaged in the practice of funeral directing
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106+1 and embalming for at least 40 years shall be exempt from the
107+2 continuing education requirements of this Section. Licensees
108+3 who have not engaged in the practice of funeral directing and
109+4 embalming for at least 40 years by January 1, 2016 shall not
110+5 receive this exemption after that date. In addition, the
111+6 Department shall establish by rule an exemption or exception,
112+7 for a limited period of time, for funeral directors and
113+8 embalmers who, by reason of advanced age, health or other
114+9 extreme condition, should reasonably be excused from the
115+10 continuing education requirement upon the approval of the
116+11 Secretary. Those persons, identified above, who cannot attend
117+12 on-site classes, shall have the opportunity to comply by
118+13 completing home study courses designed for them by sponsors.
119+14 (Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
120+15 Section 99. Effective date. This Act takes effect upon
121+16 becoming law.
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