2005 Illinois 225 ILCS 41/ Funeral Directors and Embalmers Licensing Code. Article 5 - Funeral Directors
(225 ILCS 41/Art. 5 heading)
ARTICLE 5.
FUNERAL DIRECTORS
(225 ILCS 41/5‑5)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5‑5.
License requirement.
It is unlawful for any person to
practice, or to attempt to practice, funeral directing without a
license as a funeral director issued by the Department.
No person shall practice funeral directing who
does not have a fixed place of practice or establishment devoted to the
care and preparation for burial or for transportation of deceased human
bodies, or who is not regularly employed in a fixed place of
practice or establishment.
No person shall practice funeral directing independently at the fixed
place of practice or establishment of another licensee unless that
person's name is published and displayed at all
times in connection therewith.
(Source: P.A. 87‑966.)
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(225 ILCS 41/5‑10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5‑10.
Funeral director license; display.
Every holder of a license as a funeral director shall
display it in a conspicuous place in the licensee's place of
practice or in the place of practice in which the licensee is
employed or, in case the licensee is engaged in funeral
directing at more than one place of practice, then in the licensee's principal
place of practice or the principal place of practice of
the licensee's employer.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/5‑15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5‑15.
Expiration and renewal; inactive status; continuing
education. The expiration date and renewal period for each
license issued under this Article shall be set by rule. The holder of a
license as a licensed funeral director may renew the license during the month
preceding the expiration date of the license by paying the required fee. A
licensed funeral director whose license has expired may have the license
reinstated within 5 years from the date of expiration upon payment of the
required reinstatement fee. The reinstatement shall be effective as of the
date of reissuance of the license.
Any licensed funeral director whose license has
been expired for more than 5 years may have the license restored
only by fulfilling the requirements of the Department's rules and by
paying the required restoration fee.
However, any licensed funeral director whose license has expired while he or
she has been engaged (1) in federal service on active duty with the Army of the
United States, the United States Navy, the Marine Corps, the Air Force, the
Coast Guard, or the State Militia called into the service or training of the
United States of America or (2) in training or education under the supervision
of the United States preliminary to induction into the military service may
have his or her license restored without paying any lapsed renewal fees or
restoration fee or without passing any examination if, within 2 years after
termination of the service, training or education other than by dishonorable
discharge, he or she furnishes the Department with an affidavit to the effect
that he or she has been so engaged and that his or her service, training or
education has
been so terminated.
In addition to any other requirement for renewal of a license or
reinstatement of an expired license, as a condition for the renewal or reinstatement of a
license as a licensed funeral director, each licensee shall provide
evidence to the Department of completion of at least 12 hours of continuing
education during the 24 months preceding the expiration date of
the license, or in the case of reinstatement, during the 24 months
preceding application for reinstatement. The continuing education
sponsors shall be approved by the
Board. In addition, any qualified continuing education course for funeral
directors offered by a college, university, the Illinois Funeral Directors
Association, Funeral Directors Services Association of Greater Chicago,
Cook County
Association of Funeral Home Owners, Inc., Illinois Selected Morticians
Association, Inc., Illinois Cemetery and Funeral Home Association,
National Funeral Directors
Association, Selected Independent Funeral Homes, National Funeral Directors
and Morticians Association, Inc., International Order of the Golden Rule,
or an Illinois school of mortuary science
shall be accepted toward satisfaction of the continuing
education requirements.
The Department shall establish by rule a means for verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
licensees, by requiring the filing of continued education certificates
with the Department or a qualified organization selected by the Department
to maintain these records, or by other means established by the Department.
A person who is licensed as a funeral director under this Act and who has
engaged in the practice of funeral directing for at least 40 years shall be
exempt from the continuing education requirements of this Section. In
addition,
the Department shall establish by rule an exemption or exception for
funeral directors who, by reason of advanced age, health or other extreme
condition should reasonably be excused from the continuing education
requirement upon explanation to the Board, the approval of the Director, or
both. Those persons, identified above, who cannot attend on‑site classes,
shall have the opportunity to comply by completing home study courses
designed for them by sponsors.
Any funeral director who notifies the Department in writing on forms
prescribed by the Department may elect to place his or her license on an
inactive status and shall be excused from completion of continuing education
requirements until he or she notifies the Department in writing of an intent to
restore the license to active status. Any
licensee
requesting restoration from inactive status shall notify the Department as
provided by rule of the Department and pay the fee required by the
Department for restoration of the license. Any licensee whose license is on
inactive status shall not practice in the State of Illinois.
Practice on a license that has lapsed or been placed in
inactive status is practicing without a license and a violation of this
Code.
(Source: P.A. 92‑641, eff. 7‑11‑02; 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/5‑20)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5‑20.
Disposition of residual ashes.
The holder of a license is
authorized at his or her discretion to effect a final disposition of the
residual ashes of any cremated human body if no person lawfully entitled to the
custody of the ashes makes or has made a proper request for them within one
year of the date of death of the person whose body was cremated.
(Source: P.A. 87‑966.)
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(225 ILCS 41/5‑25)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5‑25.
Prohibition of new licenses.
The Department shall not issue any
new licenses as funeral directors or funeral director trainees. Any person
issued a license as a funeral director before June 1, 1991 may renew the
license after that date under the provisions of this Article and that person
may continue to renew or restore the license during his or her lifetime,
subject only to the renewal or restoration requirements for the license under
this Code.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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