2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 41/ - Funeral Directors and Embalmers Licensing Code. › Article 15 - Administration And Enforcement

(225 ILCS 41/Art. 15 heading)
ARTICLE 15.  
		ADMINISTRATION AND ENFORCEMENT
(225 ILCS 41/15-5) (from Ch. 111, par. 2825)
(Section scheduled to be repealed on January 1, 2028)
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 Secretary. The persons so appointed shall hold their
offices for 4 years and until qualified successors are appointed. All vacancies
occurring shall be filled by the Secretary for the unexpired portion of the term
rendered vacant.  No member shall be eligible to serve for more than 2 full
consecutive terms. The Secretary may remove or suspend any member of the Board for cause at any time before the expiration of his or her term.  The Secretary shall be the sole arbiter of cause. 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.
Four members of the Board shall constitute a quorum.   A quorum is required for all Board decisions.
The Department shall consider the recommendation of the Board in the development of proposed rules under this Code.  Notice of any proposed rulemaking under this Code shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations relating to that rulemaking.
The Department shall seek the advice and recommendations of the Board in
connection with any rulemaking or disciplinary actions relating to funeral director and embalmers and funeral director and embalmer interns, including applications
for restoration of revoked licenses.  Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-10)
(Section scheduled to be repealed on January 1, 2028)
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 address of record or when emailed to the email address of record.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-15. Complaints; investigations; hearings. The Department may investigate the actions of any applicant or of any person or persons rendering or offering to render services or any person holding or claiming to hold a license under this Code.
The Department shall, before refusing to issue or renew a license or seeking to discipline a licensee under Section 15-75, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the applicant or licensee that failure to answer shall result in a default being entered against the applicant or licensee.
At the time and place fixed in the notice, the Board or the hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments.  The Board or hearing officer may continue the hearing from time to time.  In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers 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 that action under this Code.  The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's address of record.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-16)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-16. Appointment of a hearing officer.  The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee.  The hearing officer has full authority to conduct the hearing.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-17)
Sec. 15-17. (Repealed).
(Source: P.A. 96-1463, eff. 1-1-11.  Repealed by P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-18)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-18. Temporary suspension.  The Secretary may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing provided in Section 15-15 of this Code, if the Secretary finds that the public interest, safety, or welfare requires such emergency action. In the event that the Secretary temporarily suspends a license without a hearing before the Board or a duly appointed hearing officer, a hearing shall be held within 30 days after the suspension has occurred. The suspended licensee may seek a continuance of the hearing, during which time the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30 days after the date of the suspension, unless continued at the request of the suspended licensee, then the licensee's license shall be automatically reinstated.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-19)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-19. Consent to Administrative Supervision order.  In appropriate cases, the Department may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order. A licensee subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee in good standing. This order shall not be reported or considered by the Department to be a discipline of the licensee. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-20. Transcript; record of proceedings.
(a) The
Department, at its expense, shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing of any case in which a licensee may be revoked, suspended, placed on probationary status, reprimanded, fined, or subjected to other disciplinary action with reference to the license when a disciplinary action is authorized under this Act and rules. The notice of hearing, complaint, and all other documents in the nature of pleadings and written portions filed in the proceedings, the transcript of the testimony, the report of the hearing officer, and the orders of the Department shall be the records of the proceedings. The record may be made available to any person interested in the hearing upon payment of the fee required by Section 2105-115 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(b)   The Department may contract for court reporting services, and, if it does so, the Department shall provide the name and contact information for the certified shorthand reporter who transcribed the testimony at a hearing to any person interested, who may obtain a copy of the transcript of any proceedings at a hearing upon payment of the fee specified by the certified shorthand reporter.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-21)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-21. Findings and recommendations. 
At the conclusion of the hearing, the Board or hearing officer shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations.  The report shall contain a finding of whether or not the accused person violated this Code or its rules or failed to comply with the conditions required in this Code or its rules.  The Board shall specify the nature of any violations or failure to comply and shall make its recommendations to the Secretary.  In making recommendations for any disciplinary action, the Board may take into consideration all facts and circumstances including, but not limited to: the seriousness of the offenses; the presence of multiple offenses; prior disciplinary history or the lack thereof, including actions taken by other agencies in this State, by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, or professional liability insurance companies or any of the armed forces of the United States or any state; the impact of the offenses on any injured party; the vulnerability of any injured party, including, but not limited to, consideration of the injured party's age, disability, or mental illness; motive for the offense; contrition or lack thereof for the offense; financial gain as a result of committing the offenses; cooperation or lack thereof with the Department or other investigative authorities; restitution to injured parties; whether the conduct was self-reported; and any voluntary remedial actions taken.  In making its recommendations for discipline, the Board shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation.
The report of findings of fact, conclusions of law, and recommendation of the Board or hearing officer shall be the basis for the Secretary's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee.  If the Secretary disagrees with the recommendations of the Board or hearing officer, the Secretary may issue an order in contravention of the Board or hearing officer's recommendations.  The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Code, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Code.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-22)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-22. Rehearing.   At the conclusion of the hearing, a copy of the Board or hearing officer's report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Code for the service of a notice of hearing.  Within 20 days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing.  If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with the recommendations of the Board or hearing officer.  If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
If the Secretary believes that substantial justice has not been done in the revocation, suspension, or refusal to issue, restore, or renew a license, or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other hearing officers.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-25. Subpoenas; oaths; attendance of witnesses.
(a) The Department may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State.
(b) The Secretary, the hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing that the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Code.
(c) Any circuit court, upon application of
the applicant, licensee or the Department, may order 
the attendance and testimony of witnesses and the production of relevant documents, files, books, records, and papers in connection with any hearing or investigation. The
 court may compel compliance with its order by proceedings for
contempt of court.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-30)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-30. Unlicensed practice; violations; civil penalty.
(a)   Any person who practices, offers to practice, attempts to practice, or holds one's self out  as a funeral director or a funeral director and embalmer or a funeral director and embalmer intern as provided in this Code without being licensed or exempt under this Code shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with Section 15-75.
(b)   The Department may investigate any actual, alleged, or suspected unlicensed activity.
(c)   The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(d)   A person or entity not licensed under this Code who has violated any provision of this Code or its rules is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for a second and subsequent offenses.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-35)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-35. Administrative Review Law.
(a) 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.
(b)   Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, then the venue shall be in Sangamon County.
(Source: P.A. 96-1463, eff. 1-1-11.)
(225 ILCS 41/15-40)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-40. Certification of record; receipt. The Department shall not be
required to certify any record to the court, to file an answer in court, or
otherwise to appear in any court in a judicial review proceeding unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.
 Failure on the part of the Plaintiff
to file a receipt in court is grounds for dismissal of the action.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-41)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-41. Order or certified copy; prima facie proof.  An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, is prima facie proof that:
(1) the signature is the genuine signature of the     Secretary;
(2) the Secretary is duly appointed and qualified; and
(3)    the Board and the members of the Board are     qualified to act. (Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-45)
(Section scheduled to be repealed on January 1, 2028)
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 Secretary
 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 which the violation is alleged to have occurred 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 Code, 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) (Blank).
(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-46)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-46. Civil penalties; civil action.
(a)  In addition to any other penalty provided by law, any person, sole
proprietorship, professional service corporation, limited liability company,
partnership, or other entity that violates Section 1-15 or 1-20 of this Code
shall forfeit and pay to the General Professions Dedicated Fund a civil penalty
in an amount determined by the Department  not to exceed  $10,000 for each violation. The penalty shall be assessed in proceedings as provided in Sections
15-10 through 15-41 of this Code.
(b) In addition to the other penalties and remedies provided in this Code, the Department may bring a civil action in the county in which the funeral establishment is located against a licensee or any other person to enjoin any violation or threatened violation of this Code.
(c)  Unless the amount of the penalty is paid within 60 days after the
order becomes final, the order shall constitute a judgment and shall be filed
and execution issued thereon in the same manner as the judgment of a court of
record.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-50)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-50. Practice by corporation, limited liability company, partnership, or association. No
corporation, limited liability company, 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, limited liability company, 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 funeral director licensees or funeral director and embalmer 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 funeral director licensee or funeral director and embalmer licensee, and no partnership or association of those 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. 96-863, eff. 3-1-10; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-55)
(Section scheduled to be repealed on January 1, 2028)
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. The Department may adopt rules for all preparation room equipment and facility requirements with the consultation of the Board.
(Source: P.A. 96-1463, eff. 1-1-11.)
(225 ILCS 41/15-60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-60. Determination of life. Every funeral director licensee or funeral director and embalmer 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. 96-863, eff. 3-1-10.)
(225 ILCS 41/15-65)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-65. Fees. The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Code, including but not
limited to, original licensure, renewal, and restoration. The fees shall be
nonrefundable.
All fees, fines, and penalties collected under this Code 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.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-70)
(Section scheduled to be repealed on January 1, 2028)
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 Code 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 deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license 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 to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the Secretary
 finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-71)
Sec. 15-71. (Repealed).
(Source: P.A. 88-683, eff. 1-24-95. Repealed by P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-72)
Sec. 15-72. Applicant convictions.
(a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of funeral directing and embalming.
(b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of funeral directing and embalming:
(1) first degree murder;
(2) second degree murder;
(3) drug induced homicide;
(4) unlawful restraint;
(5) aggravated unlawful restraint;
(6) forcible detention;
(7) involuntary servitude;
(8) involuntary sexual servitude of a minor;
(9) predatory criminal sexual assault of a child;
(10) aggravated criminal sexual assault;
(11) criminal sexual assault;
(12) criminal sexual abuse;
(13) aggravated kidnaping;
(14) aggravated robbery;
(15) armed robbery;
(16) kidnapping;
(17) aggravated battery;
(18) aggravated vehicular hijacking;
(19) terrorism;
(20) causing a catastrophe;
(21) possession of a deadly substance;
(22) making a terrorist threat;
(23) material support for terrorism;
(24) hindering prosecution of terrorism;
(25) armed violence;
(26) any felony based on consumer fraud or deceptive     business practices under the Consumer Fraud and Deceptive Business Practices Act;
(27) any felony requiring registration as a sex     offender under the Sex Offender Registration Act;
(28) attempt of any the offenses set forth in     paragraphs (1) through (27) of this subsection (b); and
(29) convictions set forth in Section 15-75 of this     Code.
(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed.  In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following:
(1) the bearing, if any, the criminal offense or     offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
(2) the time that has elapsed since the criminal     conviction; and
(3) the age of the person at the time of the criminal     conviction.
(d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following:
(1) the number of initial applicants for a license     under this Code within the preceding calendar year;
(2) the number of initial applicants for a license     under this Code within the previous calendar year who had a conviction;
(3) the number of applicants with a conviction who     were granted a license under this Code within the previous year;
(4) the number of applicants denied a license under     this Code within the preceding calendar year; and
(5) the number of applicants denied a license under     this Code solely on the basis of a conviction within the preceding calendar year.
(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (b) of Section 15-175 of this Code.
(Source: P.A. 99-876, eff. 1-1-17.)
(225 ILCS 41/15-75)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-75. Grounds for discipline; penalties.
(a) (Blank).
(b) The Department may refuse to issue or renew, revoke, suspend, place on probation or administrative supervision, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 for each violation, with regard to any license under the Code for any one or combination of the following:
(1) Fraud or any misrepresentation in applying for or     procuring a license under this Code or in connection with applying for  renewal of a license under this Code.
(2) For licenses, conviction by plea of guilty or     nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession and, for initial applicants, convictions set forth in Section 15-72 of this Act.
(3) Violation of the laws of this State relating to     the funeral, burial or disposition of deceased human bodies or of the rules and regulations of the Department, or the Department of Public Health.
(4) Directly or indirectly paying or causing to be     paid any sum of money or other valuable consideration for the securing of business or for obtaining authority to dispose of any deceased human body.
(5) Professional incompetence, gross negligence,     malpractice, or untrustworthiness in the practice of funeral directing and embalming or funeral directing.
(6) (Blank).
(7) Engaging in, promoting, selling, or issuing     burial contracts, burial certificates, or burial insurance policies in connection with the profession as a funeral director and embalmer, funeral director, or funeral director and embalmer intern in violation of any laws of the State of Illinois.
(8) Refusing, without cause, to surrender the custody     of a deceased human body upon the proper request of the person or persons lawfully entitled to the custody of the body.
(9) Taking undue advantage of a client or clients as     to amount to the perpetration of fraud.
(10) Engaging in funeral directing and embalming or     funeral directing without a license.
(11) Encouraging, requesting, or suggesting by a     licensee or some person working on his behalf and with his consent for compensation that a person utilize the services of a certain funeral director and embalmer, funeral director, or funeral establishment unless that information has been expressly requested by the person.  This does not prohibit general advertising or pre-need solicitation.
(12) Making or causing to be made any false or     misleading statements about the laws concerning the disposition of human remains, including, but not limited to, the need to embalm, the need for a casket for cremation or the need for an outer burial container.
(13) (Blank).
(14) Embalming or attempting to embalm a deceased     human body without express prior authorization of the person responsible for making the funeral arrangements for the body.  This does not apply to cases where embalming is directed by local authorities who have jurisdiction or when embalming is required by State or local law. A licensee may embalm without express prior authorization if a good faith effort has been made to contact family members and has been unsuccessful and the licensee has no reason to believe the family opposes embalming.
(15) Making a false statement on a Certificate of     Death where the person making the statement knew or should have known that the statement was false.
(16) Soliciting human bodies after death or while     death is imminent.
(17) Performing any act or practice that is a     violation of this Code, the rules for the administration of this Code, or any federal, State or local laws, rules, or regulations governing the practice of funeral directing or embalming.
(18) Performing any act or practice that is a     violation of Section 2 of the Consumer Fraud and Deceptive Business Practices Act.
(19) Engaging in dishonorable, unethical, or     unprofessional conduct of a character likely to deceive, defraud or harm the public.
(20) Taking possession of a dead human body without     having first obtained express permission from the person holding the right to control the disposition in accordance with Section 5 of the Disposition of Remains Act or a public agency legally authorized to direct, control or permit the removal of deceased human bodies.
(21) Advertising in a false or misleading manner or     advertising using the name of an unlicensed person in connection with any service being rendered in the practice of funeral directing or funeral directing and embalming.  The use of any name of an unlicensed or unregistered person in an advertisement so as to imply that the person will perform services is considered misleading advertising.  Nothing in this paragraph shall prevent including the name of any owner, officer or corporate director of a funeral home, who is not a licensee, in any advertisement used by a funeral home with which the individual is affiliated, if the advertisement specifies the individual's affiliation with the funeral home.
(22) Charging for professional services not rendered,     including filing false statements for the collection of fees for which services are not rendered.
(23) Failing to account for or remit any monies,     documents, or personal property that belongs to others that comes into a licensee's possession.
(24) Treating any person differently to his detriment     because of race, color, creed, gender, religion, or national origin.
(25) Knowingly making any false statements, oral or     otherwise, of a character likely to influence, persuade or induce others in the course of performing professional services or activities.
(26) Willfully making or filing false records or     reports in the practice of funeral directing and embalming, including, but not limited to, false records filed with State agencies or departments.
(27) Failing to acquire continuing education required     under this Code.
(28) (Blank).
(29) Aiding or assisting another person in violating     any provision of this Code or rules adopted pursuant to this Code.
(30) Failing within 10 days, to provide information     in response to a written request made by the Department.
(31) Discipline by another state, District of     Columbia, territory, foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
(32) (Blank).
(33) Mental illness or disability which results in     the inability to practice the profession with reasonable judgment, skill, or safety.
(34) Gross, willful, or continued overcharging for     professional services, including filing false statements for collection of fees for which services are not rendered.
(35) Physical illness, including, but not limited to,     deterioration through the aging process or loss of motor skill which results in a licensee's inability to practice under this Code with reasonable judgment, skill, or safety.
(36) Failing to comply with any of the following     required activities:
(A) When reasonably possible, a funeral director         licensee or funeral director and embalmer licensee or anyone acting on his or her behalf shall obtain the express authorization of the person or persons responsible for making the funeral arrangements for a deceased human body prior to removing a body from the place of death or any place it may be or embalming or attempting to embalm a deceased human body, unless required by State or local law.  This requirement is waived whenever removal or embalming is directed by local authorities who have jurisdiction. If the responsibility for the handling of the remains lawfully falls under the jurisdiction of a public agency, then the regulations of the public agency shall prevail.
(B) A licensee shall clearly mark the price of         any casket offered for sale or the price of any service using the casket on or in the casket if the casket is displayed at the funeral establishment.  If the casket is displayed at any other location, regardless of whether the licensee is in control of that location, the casket shall be clearly marked and the registrant shall use books, catalogues, brochures, or other printed display aids to show the price of each casket or service.
(C) At the time funeral arrangements are made and         prior to rendering the funeral services, a licensee shall furnish a written statement of services to be retained by the person or persons making the funeral arrangements, signed by both parties, that shall contain: (i) the name, address and telephone number of the funeral establishment and the date on which the arrangements were made; (ii) the price of the service selected and the services and merchandise included for that price; (iii) a clear disclosure that the person or persons making the arrangement may decline and receive credit for any service or merchandise not desired and not required by law or the funeral director or the funeral director and embalmer; (iv) the supplemental items of service and merchandise requested and the price of each item; (v) the terms or method of payment agreed upon; and (vi) a statement as to any monetary advances made by the registrant on behalf of the family. The licensee shall maintain a copy of the written statement of services in its permanent records. All written statements of services are subject to inspection by the Department.
(D) In all instances where the place of final         disposition of a deceased human body or the cremated remains of a deceased human body is a cemetery, the licensed funeral director and embalmer, or licensed funeral director, who has been engaged to provide funeral or embalming services shall remain at the cemetery and personally witness the placement of the human remains in their designated grave or the sealing of the above ground depository, crypt, or urn. The licensed funeral director or licensed funeral director and embalmer may designate a licensed funeral director and embalmer intern or representative of the funeral home to be his or her witness to the placement of the remains. If the cemetery authority, cemetery manager, or any other agent of the cemetery takes any action that prevents compliance with this paragraph (D), then the funeral director and embalmer or funeral director shall provide written notice to the Department within 5 business days after failing to comply. If the Department receives this notice, then the Department shall not take any disciplinary action against the funeral director and embalmer or funeral director for a violation of this paragraph (D) unless the Department finds that the cemetery authority, manager, or any other agent of the cemetery did not prevent the funeral director and embalmer or funeral director from complying with this paragraph (D) as claimed in the written notice.
(E)  A funeral director or funeral director and         embalmer shall fully complete the portion of the Certificate of Death under the responsibility of the funeral director or funeral director and embalmer and provide all required information. In the event that any reported information subsequently changes or proves incorrect, a funeral director or funeral director and embalmer shall immediately upon learning the correct information correct the Certificate of Death.
(37) A finding by the Department that the licensee,     after having his or her license placed on probationary status or subjected to conditions or restrictions, violated the terms of the probation or failed to comply with such terms or conditions.
(38) (Blank).
(39) Being named as a perpetrator in an indicated     report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act and, upon proof by clear and convincing evidence, being found to have caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(40) Habitual or excessive use or abuse of drugs     defined in law as controlled substances, alcohol, or any other substance which results in the inability to practice with reasonable judgment, skill, or safety.
(41) Practicing under a false or, except as provided     by law, an assumed name.
(42) Cheating on or attempting to subvert the     licensing examination administered under this Code.
(c) The Department may refuse to issue or renew or may suspend without a hearing, as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, 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 in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(d) No action may be taken under this Code against a person licensed under this Code unless the action is commenced within 5 years after the occurrence of the alleged violations.  A continuing violation shall be deemed to have occurred on the date when the circumstances last existed that give rise to the alleged violation.
(e) Nothing in this Section shall be construed or enforced to give a funeral director and embalmer, or his or her designees, authority over the operation of a cemetery or over cemetery employees. Nothing in this Section shall be construed or enforced to impose duties or penalties on cemeteries with respect to the timing of the placement of human remains in their designated grave or the sealing of the above ground depository, crypt, or urn due to patron safety, the allocation of cemetery staffing, liability insurance, a collective bargaining agreement, or other such reasons.
(f) All fines imposed under this Section shall be paid 60 days after the effective date of the order imposing the fine.
(g) (Blank).
(h) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(i) A person not licensed under this Code who is an owner of a funeral establishment or funeral business shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to offer funeral services or aid, abet, assist, or direct any licensed person contrary to or in violation of any rules or provisions of this Code. A person violating this subsection shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in this Code, the imposition of a fine up to $10,000 for each violation and any other penalty provided by law.
(j) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension.  The suspension may end only upon a finding by a court that the licensee is no longer subject to the involuntary admission or judicial admission and issues an order so finding and discharging the licensee, and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice.
(k) In enforcing this Code, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Code, or who has applied for licensure under this Code, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physician shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.
A person holding a license under this Code or who has applied for a license under this Code who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
An individual licensed under this Code and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-76)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-76. Vehicle traffic control. A funeral director licensee or funeral director and embalmer licensee planning an interment, inurnment, or entombment at a cemetery shall use his or her reasonable  best efforts to ensure that funeral processions entering and exiting the cemetery grounds  do not obstruct traffic on any street for a period in excess of 10 minutes, except where such funeral procession is continuously moving or cannot be moved by reason of circumstances over which the licensee has no reasonable control. The licensee arranging funeral processions to the cemetery shall use his or her reasonable  best efforts to prevent multiple funeral processions from arriving at the cemetery simultaneously.  Notwithstanding any provision of this Code to the contrary, any licensee who violates  the provisions of this Section shall be guilty of a business offense and receive a fine of not more than $500 for each offense.
(Source: P.A. 96-863, eff. 3-1-10; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-77)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-77. Method of payment, receipt.  No licensee shall require payment for any goods or services by cash only. Licensees shall permit payment by at least one other option, including, but not limited to, personal check, cashier's check, money order, or credit or debit card.  In addition to the statement of services, the licensee shall provide a receipt to the consumer upon payment in part or in full.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-80. Statement of place of practice. 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.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-85)
(Section scheduled to be repealed on January 1, 2028)
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 funeral and burial of their
dead.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-90)
Sec. 15-90. 
		(Repealed).
(Source: P.A. 87-966. Repealed by P.A. 93-268,
eff. 1-1-04.)
(225 ILCS 41/15-91)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-91. Denial of license. If the Department determines that an application for licensure should be denied pursuant to Section 15-75, then the applicant shall be sent a notice of intent to deny license and the applicant shall be given the opportunity to request, within 20 days of the notice, a hearing on the denial. The Secretary shall have the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer. The hearing officer shall have full authority to conduct the hearing. The hearing shall be held at the time and place designated by the Secretary. The Secretary shall have the authority to prescribe rules for the administration of this Section.
(Source: P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-95)
(Section scheduled to be repealed on January 1, 2028)
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.)
(225 ILCS 41/15-100)
Sec. 15-100. (Repealed).
(Source: P.A. 96-1463, eff. 1-1-11. Repealed by P.A. 102-881, eff. 1-1-23.)
(225 ILCS 41/15-105)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-105. Civil Administrative Code.  The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois and shall exercise all other powers and duties set forth in this Code.
(Source: P.A. 96-1463, eff. 1-1-11.)
(225 ILCS 41/15-110)
Sec. 15-110. (Repealed).
(Source: P.A. 96-1463, eff. 1-1-11. Repealed by P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-115)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-115. Confidentiality.      All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department shall not disclose the information to anyone other than law enforcement officials,  regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 97-1130, eff. 8-28-12.)