2005 Illinois 225 ILCS 41/ Funeral Directors and Embalmers Licensing Code. Article 10 - Funeral Directors And Embalmers
(225 ILCS 41/Art. 10 heading)
ARTICLE 10.
FUNERAL DIRECTORS AND EMBALMERS
(225 ILCS 41/10‑5)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑5.
License requirement.
It is unlawful for any person to
practice or attempt to practice funeral directing and embalming without
being licensed by the Department.
No person shall practice funeral directing and embalming who does
not have a fixed place of practice or establishment in Illinois 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 and embalming independently at
the fixed place of practice or establishment of another licensee unless his
or her name shall be published and displayed at all times in connection
therewith.
No licensed intern shall independently practice funeral
directing and
embalming; however, a licensed funeral director and embalmer intern may under
the immediate personal supervision of a licensed funeral
director and
embalmer assist a licensed funeral director and embalmer in the practice of
funeral directing and embalming.
No person shall practice as a funeral director and embalmer
intern unless he or she possesses a valid license in good
standing to do
so in the State of Illinois.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/10‑10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑10.
License qualifications.
A person who
meets all of the following requirements is qualified to receive a
license as a funeral director and embalmer:
(a) Is at least 18 years of age.
(b) Has successfully completed one academic year in a
college or university and has successfully completed a course of
instruction of at least one year duration in a professional school or
college teaching the practice of funeral directing and embalming
that is recognized and approved by the Department.
(c) Has studied funeral directing and embalming in this State under
a funeral director and embalmer, licensed under this Code or any
prior Act, for at least one year. Nevertheless, no credit shall be
given for the study of funeral directing and
embalming in this State as an intern unless the applicant
during the
period of study was a licensed funeral director and embalmer intern.
(d) Is satisfactorily versed in approved measures used
by the practice for the prevention and against the spread of disease and
has the skills reasonably involved, and is adequately and properly
protected against communicable diseases by means usually adopted and
approved by medical science.
(e) Has passed an examination developed
or acquired by the Department and conducted by the Department or its
designee to determine the fitness of an applicant to receive a license
as a licensed funeral director and embalmer.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/10‑15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑15.
Intern license qualifications.
A
person who meets all of the following requirements is qualified to
receive a license as a licensed funeral director and embalmer intern:
(a) Is at least 18 years of age.
(b) Has successfully completed one academic year in a college or
university and has successfully completed a course of instruction of at
least one year duration in a professional school or college teaching the
practice of funeral directing and embalming that is recognized
and approved by the Department.
(c) Has been accepted for internship in funeral directing
and embalming by an Illinois licensed funeral director and embalmer.
(d) Is satisfactorily versed in approved measures used by the
profession for the prevention and against the spread of disease and has the
skills reasonably involved, and is adequately protected against
communicable diseases by means usually adopted by medical science.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/10‑20)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑20.
Application.
Every person who desires to obtain a license under
this Code shall apply to the Department in writing on forms prepared and
furnished by the Department. The application shall contain proof of the
particular qualifications required of the applicant, shall be certified by the
applicant, and shall be accompanied by the required fee.
(Source: P.A. 87‑966.)
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(225 ILCS 41/10‑22)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑22.
Social Security Number on license application.
In
addition to any other information required to be contained in the
application, every application for an original, renewal, reinstated, or
restored license under this Code shall include the applicant's Social
Security
Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 41/10‑25)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑25.
Examinations.
The Department shall authorize and hold
examinations of applicants for licenses as licensed funeral directors and
embalmers. The examination may include both practical demonstrations and
written and oral tests and shall embrace the subjects of anatomy, sanitary
science, health regulations in relation to the handling of deceased human
bodies, measures used by funeral directors and embalmers for the prevention of
the spread of diseases, the care, preservation, embalming, transportation, and
burial of dead human bodies, and other subjects relating to the care and
handling of deceased human bodies as set forth in this Article and as the
Department by rule may prescribe.
Whenever the Director is not satisfied that substantial justice has been
done in an examination, the Director may order a reexamination.
If an applicant neglects, fails without an approved excuse or refuses
to take the next available examination offered for licensure under this
Code, the fee paid by the applicant shall be forfeited to the Department and
the application denied. If an applicant fails to pass an examination for
licensure under this Code within 3 years after filing an application, the
application shall be denied. However, the applicant may
thereafter make a new application for examination which shall be
accompanied by the required fee.
(Source: P.A. 87‑966.)
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(225 ILCS 41/10‑30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑30.
Issuance, display of license.
Whenever an applicant has met the
requirements of this Code, the Department shall issue to the applicant a
license as a licensed funeral director and embalmer or licensed funeral
director and embalmer intern, as the case may be.
Every holder of a license 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. In case the licensee is engaged in funeral
directing and embalming at more than one place of practice, then the
license shall be displayed 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 41/10‑35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑35.
Renewal; reinstatement; restoration; continuing education.
The
expiration date and renewal period for each license issued under this Article
shall be set by rule. The holder of a license as a licensed funeral director
and embalmer or funeral director and embalmer intern may renew
the license
during the month preceding the expiration date of the license by paying the
required fee. A licensed funeral director and embalmer or licensed funeral
director and embalmer trainee whose license has expired may have the license
reinstated within 5 years from the date of expiration upon payment of the
required reinstatement fee and fulfilling the requirements of the Department's
rules. The reinstatement of the license is effective as of the date of the
reissuance of the license.
Any licensed funeral director and embalmer whose license has been expired
for more than 5 years may have the license restored only by fulfilling the
requirements set forth in the Department's rules and by paying the required
restoration fee. However, any licensed funeral director and embalmer or
licensed funeral director and embalmer intern 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.
No license of a funeral director and embalmer intern shall be
renewed more
than twice.
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 and embalmer, each
licensee shall provide evidence to the Department of completion of at least 24
hours of continuing education during the 24 months preceding the expiration
date of the license, or in the case of reinstatement, within the 24 months
preceding the application for reinstatement. The continuing education sponsors
shall be approved by the Board. In addition, any qualified continuing
education course for funeral directors and embalmers offered by a college,
university, the Illinois Funeral Directors Association, Funeral Directors
Services Association of Greater Chicago, Cook County Association of
Funeral Home Owners, Inc., Illinois Selected Morticians
Associations, Inc., 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 the records, or by other means established by the Department.
A person who is licensed as a funeral director and embalmer under this
Act and who has engaged in the practice of funeral directing and embalming for
at least 40
years shall be exempt from the continuing education requirements of this
Section. In addition,
the Department shall establish by rule an exemption or exception for
funeral directors and embalmers who, by reason of advanced age, health or
other extreme condition, should reasonably be excused from the continuing
education requirement upon explanation to the Board, the approval of the
Director, or both. Those persons, identified above, who cannot attend
on‑site classes, shall have the opportunity to comply by completing home
study courses designed for them by sponsors.
Any funeral director and embalmer who notifies the Department in writing
on forms prescribed by the Department, may elect to place his or her license on
an inactive status and shall be excused from completion of continuing education
requirements until he or she notifies the Department in writing of an
intent to restore the license to active status. While on inactive status,
the licensee shall only be required to pay a single fee, established by the
Department, to have the license placed on inactive status. Any licensee
requesting restoration from inactive status shall notify the Department as
provided by rule of the Department and pay the fee required by the
Department for restoration of the license. Any licensee whose license is on
inactive status shall not practice in the State of Illinois.
Practice on a license that has lapsed or been placed in inactive status
is practicing without a license and a violation of this Code.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/10‑40)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑40.
Reciprocity.
An applicant who is a funeral director and
embalmer registered or licensed under the laws of another state or
territory of the United States, or of a foreign country or province, upon
satisfactory proof that the applicant has been actively engaged in the
practice of funeral directing and embalming therein for a period of not
less than one year and upon payment of the required fee, may be granted a
license as a licensed funeral director and embalmer by the Department, in
its discretion, without examination, upon the following conditions:
(a) that the applicant is at least 18
years of age; and
(b) that the requirements for the registration or licensing of funeral
directors and embalmers in the particular state, territory, country or
province were, at the date of application, substantially equal to the
requirements then in force in this State; and the state,
territory, country or province reciprocates with respect to licensed
funeral directors and embalmers from the State of Illinois.
(Source: P.A. 89‑387, eff. 8‑20‑95.)
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(225 ILCS 41/10‑45)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10‑45.
Unclaimed cremated remains.
A licensee is authorized at his or
her discretion to effect a final disposition of the cremated remains of any
cremated human body, provided no person lawfully entitled to the custody of the
cremated remains makes or has made a proper request for them within one year
after the date of death of the person whose body was cremated.
(Source: P.A. 87‑966.)
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