There is a newer version of the Illinois Compiled Statutes
2005 Illinois 225 ILCS 41/ Funeral Directors and Embalmers Licensing Code. Article 15 - Administration And Enforcement
(225 ILCS 41/15‑5) (from Ch. 111, par. 2825)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑5.
Funeral Directors and Embalmers Licensing and
Disciplinary Board. A Funeral Directors and Embalmers
Licensing and Disciplinary Board is created and shall
consist of 7 persons, 6 of whom are licensed to
practice funeral directing and embalming in this State, and one who is a
knowledgeable public member. Each member shall be appointed by the
Director of the Department. The persons so appointed shall hold their
offices for 4 years and until a qualified successor is appointed. All vacancies
occurring shall be filled by the Director for the unexpired portion of the term
rendered vacant. No member shall be eligible to serve for more than 2 full
consecutive terms. Any appointee may be removed by the Director when in
his or her
discretion he or she finds removal
to be in the public interest. The cause for removal must be set forth
in writing. The Board shall annually select a chairman from its membership.
The members of the Board shall be reimbursed for all legitimate and necessary
expenses incurred in attending meetings of the Board. The Board may meet
as often as necessary to perform its duties under this Code, and shall meet
at least once a year in Springfield, Illinois.
The Department may seek the advice and recommendations of the Board on
any matter relating to the administration and enforcement of this Code.
The Department shall seek the advice and recommendations of the Board in
connection with any rulemaking or disciplinary actions, including applications
for restoration of revoked licenses. The Board shall have 60 days to respond
to a Department request for advice and recommendations. If the Department
fails to adopt, in whole or in part, a Board recommendation in connection
with any rulemaking or disciplinary action, it shall provide a written
explanation of its specific reasons for not adopting the Board recommendation.
The written explanations shall be made available for public inspection.
The Department shall adopt all necessary and reasonable rules and regulations
for the effective administration of this Code, and without limiting the
foregoing, the Department shall adopt rules and regulations:
(1) prescribing a method of examination of | ||
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(2) defining what shall constitute a school, | ||
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(3) establishing expiration dates and renewal | ||
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(4) prescribing a method of handling complaints and | ||
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(5) providing for licensure by reciprocity.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/15‑10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑10.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated into this Code as if
all of the provisions of that Act were included in this Code, except that the
provision of subsection (d) of Section 10‑65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has the right to show
compliance with all lawful requirements for retention, continuation or renewal
of the license is specifically excluded. For the purposes of this Code the
notice required under Section 10‑25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 87‑966; 88‑45 .)
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(225 ILCS 41/15‑15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑15.
Complaints; investigations; hearings.
The Department shall
conduct regular inspections of all funeral establishments to determine
compliance with the provisions of this Code. The Department may upon its own
motion and shall upon the verified complaint in writing of any person setting
forth facts that if proved would constitute grounds for refusal, suspension,
revocation, or other disciplinary action investigate the action of any person
holding or claiming to hold a license under this Code. The Department shall
report to the Board, on at least a quarterly basis, the status or disposition
of all complaints against, and investigations of, license holders. The
Department shall, before refusing to issue or renew, suspending, revoking, or
taking any other disciplinary action with respect to any license and at least
30 days before the date set for the hearing, notify in writing the licensee
of any charges made and shall direct that person to file a written answer to
the Board under oath within 20 days after the service of the notice and inform
that person that failure to file an answer may result in default being taken
and the person's license or certificate may be suspended, revoked, placed on
probationary status, or other disciplinary action may be taken, including
limiting the scope, nature or extent of practice, as the Director may deem
proper. The Department shall afford the licensee an opportunity to be heard in
person or by counsel in reference to the charges. Written notice may be served
by personal delivery to the licensee or by mailing it by registered mail to the
last known business address of licensee. In case the person fails to file an
answer after receiving notice, his or her license or certificate may, in the
discretion of the Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action deemed proper,
including limiting the scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts charged constitute
sufficient grounds for such action under this Act. The hearing on the charges
shall be at a time and place as the Department shall prescribe. The Department
may appoint a hearing officer to conduct the hearing. The Department shall
notify the Board of the time and place of the hearing and Board members
shall be allowed to sit at the hearing. The Department has the power
to subpoena and bring before it any person in this State, or take testimony
of any person by deposition, with the same fees and mileage,
in the same manner as prescribed by law in judicial proceedings in circuit
courts of this State in civil cases. If the Department determines that
any licensee is guilty of a violation of any of the provisions of this
Code, disciplinary action shall be taken against the licensee.
The Department may take disciplinary action without a formal hearing subject
to Section 10‑70 of the Illinois Administrative Procedure Act.
(Source: P.A. 87‑966; 88‑45 .)
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(225 ILCS 41/15‑20)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑20.
Transcript; record; rehearing.
The
Department, at its expense, shall provide a stenographer
to take down the testimony and preserve a record of all proceedings at the
hearing of any case where a license is revoked, suspended
or subjected to any other disciplinary action. The notice of hearing,
complaint and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, the report
of the Board and the orders of the Department shall be the record of
the proceedings. The Department shall furnish a transcript of
the record to any person interested in the hearing upon payment of
the actual cost of making the transcript.
The record of all proceedings at the hearing shall be submitted for review
to the Board, which shall present to the Director a written report of its
findings and recommendations based solely upon the record. The report of
findings and recommendations of the Board shall be the basis for the
Department's order unless the Director determines that the Board findings and
recommendations are contrary to the manifest weight of the evidence. A copy of
that report and the Department's order shall be served upon the accused person,
either personally, or by registered or certified mail to the address specified
by the licensee in his last notification to the Director. Within 20 days after
service, the accused person may present to the Department his or her motion in
writing for a rehearing, which shall specify the particular grounds for
rehearing. If the accused person orders and pays for a transcript of the record
as provided in this Act, the time elapsing thereafter and before the transcript
is ready for delivery shall not be counted as part of the 20 days.
Whenever the Director is not satisfied that substantial justice has been
done, he or she may order a rehearing by the same or another hearing officer.
At the expiration of the time specified for filing a motion for a rehearing
the Director shall have the right to take the action contained in the order.
Upon the suspension or revocation of a license, the licensee shall
be required to surrender the license to the Department, and
upon failure or refusal to do so, the Department has the right to
seize the license.
At any time after the suspension or revocation of any license, the
Department may restore it to the accused person without examination.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑25)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑25.
Court order; contempt.
Any circuit court, upon application of
the applicant, licensee or the Department, may, by order duly entered, require
the attendance of witnesses and the production of relevant books and papers
before the Department in any hearing relating to the refusal, suspension or
revocation of a license. Upon refusal or neglect to obey the order of the
court, the court may compel compliance with its order by proceedings for
contempt of court.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑30.
Mental incompetence; suspension.
The entry of a judgment by any
court of competent jurisdiction establishing the mental incompetence of any
person holding a license under this Act operates as a suspension of that
person's license. The person may resume his or her practice only upon a finding
by a court of competent jurisdiction that the person has recovered mental
capacity.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑35.
Administrative Review Law.
All final administrative decisions of
the Department shall be subject to judicial review under the Administrative
Review Law and its rules. The term "administrative decision" is defined as in
Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑40)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑40.
Certification of record; receipt.
The Department shall not be
required to certify any record to the court or file any answer in court or
otherwise appear in any court in a judicial review proceeding unless there is
filed in the Court with the complaint a receipt from the Department
acknowledging payment of the costs of furnishing and certifying the record.
Exhibits shall be certified without cost. Failure on the part of the Plaintiff
to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑45)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑45.
Practice without license; injunction; cease and desist order;
civil penalties.
(a) The practice of funeral
directing and embalming or funeral directing by any person who has not been
issued a license by the Department, whose license has been suspended or
revoked, or whose license has not been renewed is hereby declared to be
inimical to the public welfare and to constitute a public nuisance. The
Director of Professional Regulation may, in the name of the People of the State
of Illinois through the Attorney General of the State of Illinois, or the
State's Attorney of any county in the State of Illinois, apply for an
injunction in the circuit court to enjoin any person who has not been issued a
license or whose license has been suspended or revoked, or whose license has
not been renewed, from practicing funeral directing and embalming or funeral
directing. Upon the filing of a verified complaint in court, the court, if
satisfied by affidavit or otherwise that the person is or has
been practicing funeral directing and embalming or funeral directing without
having been issued a license or after his or her license has been suspended,
revoked, or not renewed, may issue a temporary restraining order or preliminary
injunction, without notice or bond, enjoining the defendant from further
practicing funeral directing and embalming or funeral directing. A copy of the
verified complaint shall be served upon the defendant and the proceedings shall
thereafter be conducted as in other civil cases. If it is established that the
defendant has been or is practicing funeral directing and embalming or funeral
directing without having been issued a license or has been or is practicing
funeral directing and embalming or funeral directing after his or her license
has been suspended, revoked, or not renewed, the court may enter a judgment
perpetually enjoining the defendant from further practicing funeral directing
and embalming or funeral directing. In case of violation of any injunction
entered under this Section, the court may summarily try and punish the offender
for contempt of court. Any injunction proceeding shall be in addition to, and
not in lieu of, all penalties and other remedies in this Code.
(b) Whenever, in the opinion of the Department, any person or other entity
violates any provision of this Act, the Department may issue a notice to show
cause why an order to cease and desist should not be entered against that
person or other entity. The rule shall clearly set forth the grounds relied
upon
by the Department and shall provide a period of 7 days from the date of the
rule to file an answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to cease and desist
to be issued immediately.
(c) (1) In addition to any other penalty provided by | ||
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(2) Unless the amount of the penalty is paid within | ||
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(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/15‑50)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑50.
Practice by corporation, partnership, or association.
No
corporation, partnership or association of individuals, as such, shall be
issued a license as a licensed funeral director and embalmer or licensed
funeral director, nor shall any corporation, partnership, firm or association
of individuals, or any individual connected therewith, publicly advertise any
corporation, partnership or association of individuals as being licensed
funeral directors and embalmers or licensed funeral directors. Nevertheless,
nothing in this Act shall restrict licensees from forming professional service
corporations under the Professional Service Corporation Act or from having
these corporations registered for the practice of funeral directing.
No licensee, and no partnership or association of licensees, formed
since July 1, 1935, shall engage in the practice of funeral directing
and embalming or funeral directing under a trade name or
partnership or firm name unless in the use and advertising of the trade
name, partnership or firm name there is published in connection with the
advertising the name of the owner or owners as the owner or owners.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑55)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑55.
Preparation room.
The Department shall require that each fixed
place of practice or establishment devoted to the care and preparation for
burial or for transportation of deceased human bodies maintain a preparation
room properly equipped with necessary drainage and ventilation facilities and
containing instruments and supplies necessary for the preparation and embalming
of deceased human bodies for burial or transportation.
Branch operations of main funeral businesses having a preparation room and
located in the State of Illinois are exempt from the requirements of this
Section.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/15‑60)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑60.
Determination of life.
Every licensee under this Code before
proceeding to prepare or embalm a human body to cremate or bury shall determine
that life is extinct by ascertaining that:
(a) pulsation has entirely ceased in the radial or other arteries; and
(b) heart or respiratory sounds are not audible with the use of a
stethoscope or with the ear applied directly over the heart.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑65)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑65.
Fees.
The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Act, including but not
limited to original licensure, renewal, and restoration. The fees shall be
nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the Department
for the ordinary and contingent expenses of the Department in the
administration of this Act.
(Source: P.A. 91‑454, eff. 1‑1‑00 .)
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(225 ILCS 41/15‑70)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑70.
Returned checks; fines.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this
Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02 .)
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(225 ILCS 41/15‑71)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑71.
Deposit of fees and fines.
Beginning July 1, 1995, all of the
fees
and
fines collected under this Act shall be deposited into the General Professions
Dedicated Fund.
(Source: P.A. 88‑683, eff. 1‑24‑95 .)
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(225 ILCS 41/15‑75)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑75.
Violations; grounds for discipline; penalties.
(a) Each of the following acts is a Class A misdemeanor
for the first offense, and a Class 4 felony for each subsequent offense.
These penalties shall also apply to unlicensed owners of funeral homes.
(1) Practicing the profession of funeral directing | ||
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(2) Serving as an intern under a licensed funeral | ||
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(3) Obtaining or attempting to obtain a license, | ||
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(4) Permitting any person in one's employ, under | ||
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(5) Failing to display a license as required by this | ||
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(6) Giving false information or making a false oath | ||
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(b) Each of the following acts or actions is a violation of this Code for
which the Department may refuse to issue or renew, or may suspend or revoke
any license or may take any disciplinary action as the Department may deem
proper including fines not to exceed $1,000 for each violation.
(1) Obtaining or attempting to obtain a license by | ||
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(2) Conviction in this State or another state of any | ||
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(3) Violation of the laws of this State relating to | ||
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(4) Directly or indirectly paying or causing to be | ||
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(5) Incompetence or untrustworthiness in the | ||
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(6) False or misleading advertising as a funeral | ||
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(7) Engaging in, promoting, selling, or issuing | ||
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(8) Refusing, without cause, to surrender the | ||
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(9) Taking undue advantage of a client or clients as | ||
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(10) Engaging in funeral directing and embalming or | ||
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(11) Encouraging, requesting, or suggesting by a | ||
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(12) Making or causing to be made any false or | ||
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(13) Continued practice by a person having an | ||
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(14) Embalming or attempting to embalm a deceased | ||
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(15) Making a false statement on a Certificate of | ||
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(16) Soliciting human bodies after death or while | ||
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(17) Performing any act or practice that is a | ||
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(18) Performing any act or practice that is a | ||
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(19) Engaging in unethical or unprofessional conduct | ||
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(20) Taking possession of a dead human body without | ||
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(21) Advertising in a false or misleading manner or | ||
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(22) Directly or indirectly receiving compensation | ||
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(23) Failing to account for or remit any monies, | ||
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(24) Treating any person differently to his | ||
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(25) Knowingly making any false statements, oral or | ||
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(26) Knowingly making or filing false records or | ||
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(27) Failing to acquire continuing education | ||
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(28) Failing to comply with any of the following | ||
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(A) When reasonably possible, a licensee or | ||
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(B) A licensee shall clearly mark the price of | ||
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(C) At the time funeral arrangements are made | ||
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(29) A finding by the Department that the license, | ||
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(30) Violation of any final administrative action of | ||
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(31) Being named as a perpetrator in an indicated | ||
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(c) The Department may refuse to issue or renew, or may suspend, the license
of any person who fails to file a return, to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of tax, penalty or
interest as required by any tax Act administered by the Illinois Department of
Revenue, until the time as the requirements of the tax Act are satisfied.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/15‑80)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑80.
Statement of place of practice; roster.
Each applicant for a
funeral director and embalmer's license shall with his or her
application submit a statement of the place of practice, ownership, names
and license numbers of all funeral directors and embalmers and funeral
directors associated with the applicant. The Department
shall keep a record, which shall be open to public inspection at all
reasonable times, of its proceedings relating to the issuance, refusal,
renewal, suspension and revocation of licenses. This record shall also
contain the name, known place of practice and residence, and the date and
number of the license of every licensed funeral director and embalmer,
licensed funeral director, and licensed funeral director and
embalmer intern in this State.
The Department shall publish an annual list of the names and addresses
of all licensees registered by it under the provisions of this Code, and of all
persons whose licenses have been suspended or revoked within the past year,
together with other information relative to the enforcement of the provisions
of this Code as it may deem of interest to the public. One list shall be mailed
to each local registrar of vital statistics upon request by the registrar.
Lists shall also be mailed by the Department to any person in the State upon
request.
(Source: P.A. 93‑268, eff. 1‑1‑04.)
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(225 ILCS 41/15‑85)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑85.
Duties of public institution; regulation by local
government. No provision of this Code shall apply to, or in any way interfere
with, the duties of any officer of any public institution; nor with the duties
of any officer of a medical college, county medical society, anatomical
association, college of embalming, or any other recognized person carrying out
the laws of the State of Illinois prescribing the conditions under which
indigent dead human bodies are held subject for scientific or anatomical study;
nor with the customs or rites of any religious sect in the burial of their
dead.
Nothing in this Code shall have the effect of limiting the power of
cities and villages to tax, license and regulate funeral directors,
undertakers and undertaking establishments as may be authorized from time
to time by general law.
(Source: P.A. 87‑966 .)
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(225 ILCS 41/15‑90)
Sec. 15‑90.
(Repealed).
(Source: P.A. 87‑966 . Repealed by P.A. 93‑268,
eff. 1‑1‑04.)
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(225 ILCS 41/15‑95)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15‑95.
Severability.
The provisions of the Code
are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87‑966 .)
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