Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 41/ Funeral Directors and Embalmers Licensing Code. > Article 15 - Administration And Enforcement

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    (Section scheduled to be repealed on January 1, 2013)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
     candidates;
        (2) defining what shall constitute a school,
     college, university, department of a university or other institution to determine the reputability and good standing of these institutions by reference to a compliance with the rules and regulations; however, no school, college, university, department of a university or other institution that refuses admittance to applicants, solely on account of race, color, creed, sex or national origin shall be considered reputable and in good standing;
        (3) establishing expiration dates and renewal
     periods for all licenses;
        (4) prescribing a method of handling complaints and
     conducting hearings on proceedings to take disciplinary action under this Code; and
        (5) providing for licensure by reciprocity.
(Source: P.A. 93‑268, eff. 1‑1‑04.)

    (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.)

    (225 ILCS 41/15‑15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15‑15. Complaints; investigations; hearings; summary suspension of license. 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 Secretary 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.
    The Secretary may summarily suspend the license of any person licensed under this Act without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Section, if the Secretary finds that evidence in the possession of the Secretary indicates that the continuation of practice by the licensee would constitute an imminent danger to the public. In the event that the Secretary summarily suspends the license of an individual without a hearing, a hearing must be held within 30 days after the suspension has occurred.
(Source: P.A. 96‑48, eff. 7‑17‑09.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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
     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 Act shall forfeit and pay to the General Professions Dedicated Fund a civil penalty in an amount determined by the Department of not more than $10,000 for each offense. The penalty shall be assessed in proceedings as provided in Sections 15‑10 through 15‑40 of this Act.
        (2) Unless the amount of the penalty is paid within
     60 days after the order becomes final, the order shall constitute a judgement and shall be filed and execution issued thereon in the same manner as the judgement of a court of record.
(Source: P.A. 93‑268, eff. 1‑1‑04.)

    (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 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.)

    (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.)

    (225 ILCS 41/15‑60)
    (Section scheduled to be repealed on January 1, 2013)
    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, 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.)

    (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.)

    (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.)

    (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
     and embalming or funeral directing, or attempting to practice the profession of funeral directing and embalming or funeral directing without a license as a licensed funeral director and embalmer or funeral director or acting as a customer service employee without a license as a customer service employee issued by the Department.
        (2) Serving as an intern under a licensed funeral
     director and embalmer or attempting to serve as an intern under a licensed funeral director and embalmer without a license as a licensed funeral director and embalmer intern.
        (3) Obtaining or attempting to obtain a license,
     practice or business, or any other thing of value, by fraud or misrepresentation.
        (4) Permitting any person in one's employ, under
     one's control or in or under one's service to serve as a funeral director and embalmer, funeral director, or funeral director and embalmer intern when the person does not have the appropriate license.
        (5) Failing to display a license as required by this
     Code.
        (6) Giving false information or making a false oath
     or affidavit required by this Code.
    (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
     fraud or misrepresentation.
        (2) Conviction in this State or another state of any
     crime that is a felony or misdemeanor under the laws of this State or conviction of a felony or misdemeanor in a federal court.
        (3) Violation of the laws of this State relating to
     the funeral, burial or disposal 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) Incompetence or untrustworthiness in the practice
     of funeral directing and embalming or funeral directing.
        (6) False or misleading advertising as a funeral
     director and embalmer or funeral director, or advertising or using the name of a person other than the holder of a license in connection with any service being rendered in the practice of funeral directing and embalming or funeral directing. Nothing in this paragraph shall prevent including the name of any owner, officer or corporate director of a funeral business 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.
        (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 disposal 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) Continued practice by a person having an
     infectious or contagious disease.
        (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.
        (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 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 next of kin 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) Directly or indirectly receiving compensation
     for any professional services not actually performed.
        (23) Failing to account for or remit any monies,
     documents, or personal property that belongs to others that comes into a licen