Bill Text: IL HB4666 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Nurse Agency Licensing Act. Defines "covenant not to compete" and "employee". Changes the definitions of "health care facility" and "nurse". Provides that an application for licensure shall contain evidence of general and professional liability insurance (rather than only professional liability insurance) in the amount of at least $1,000,000 (instead of $500,000) per incident and $3,000,000 (instead of $1,000,000) in the aggregate and workers' compensation coverage (rather than only in the aggregate). Provides that for the renewal of a license, the licensee shall also submit an attestation detailing specified information. Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Provides that knowingly employing, assigning, or referring to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is a violation of the Act. Changes the minimum standards for the operation of nurse agencies. Provides that no less than 100% of the nurse or certified nurse aide hourly rate shall be paid to the nurse or certified nurse aide employee. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency shall submit a report quarterly to the Department of Financial and Professional Regulation for each health care entity with whom the agency contracts. Provides that the Department of Financial and Professional Regulation shall publish on its website the reports yearly by county. Provides that the Department of Labor shall compel production of the maintained records by the nurse agencies. Provides that the Department of Financial and Professional Regulation shall establish a system of reporting complaints against a health care staffing agency. Provides that the Department of Financial and Professional Regulation shall publish on its website how an interested party may submit a complaint of a violation of the Act to the Department of Financial and Professional Regulation. Provides that complaints against a nurse agency shall be investigated by the Department of Labor. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Provides that any nurse staffing agency that has been found not to have paid an employee 100% of the hourly wage rate identified in the contract shall be liable to the employee for the actual amount of the underpayment, plus damages of 5% of the amount of the underpayment. Provides that a contract entered into on or after the effective date of the amendatory Act between the nurse agency and health care facility must contain specified provisions. Provides that a party's failure to comply with the requirements of the provisions concerning a contract between a nurse agency and a health care facility shall be a defense to the enforcement of a contract between a nurse agency and a health care facility. Provides that a prevailing party may recover specified damages, specified fees and costs, and other relief for each violation. Makes other changes. Makes a corresponding change in the Freedom of Information Act. Effective July 1, 2022.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0946 [HB4666 Detail]

Download: Illinois-2021-HB4666-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4666 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
See Index
Amends the Regulatory Sunset Act. Provides that the Funeral Directors and Embalmers Licensing Code is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Funeral Directors and Embalmers Licensing Code. Defines "email address of record". Removes a provision providing the Department of Financial and Professional Regulation shall maintain rosters of the licensees and those whose licenses were suspended, revoked, denied renewal, or otherwise disciplined. Provides that licensees shall provide a valid email address to the Department and inform of any change of the email address. Removes a provision that provides that licensees who have not engaged in the practice of funeral directing for at least 40 years by January 1, 2016 shall not receive the continuing education exemption after that date. Provides the Department shall determine an inactive licensee's fitness to resume active status and may require successful completion of a practical examination or any other method the Department deems appropriate. Provides that the licensee is authorized to effect a final disposition of unclaimed cremated remains if no person lawfully entitled to the custody of the remains makes or has made a proper request for them within 60 days (instead of 1 year) of the date of death of the cremated person. Allows licenses to be applied for electronically. Allows the written notice of proceedings to be served by email. Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at specified hearings. Includes additional factors that the Funeral Directors and Embalmers Licensing and Disciplinary Board may take into consideration in making recommendations for any disciplinary action. Provides that any person who practices, offers to practice, attempts to practice, or holds one's self out as a funeral director, embalmer, or embalmer intern without being licensed shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense. Repeals provisions concerning Social Security Numbers on license applications; consent orders; and conflicts of interest. Makes other changes. Sections 5 and 99 are effective immediately.
LRB102 24163 AMQ 33389 b
A BILL FOR
HB4666 LRB102 24163 AMQ 33389 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.33 and 4.38 as follows:
(5 ILCS 80/4.33)
Sec. 4.33. Acts repealed on January 1, 2023. The following
Acts are repealed on January 1, 2023:
The Dietitian Nutritionist Practice Act.
The Elevator Safety and Regulation Act.
The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Naprapathic Practice Act.
The Pharmacy Practice Act.
The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 101-621, eff. 12-20-19.)
(5 ILCS 80/4.38)
Sec. 4.38. Acts repealed on January 1, 2028. The following
Acts are repealed on January 1, 2028:

HB4666 - 2 - LRB102 24163 AMQ 33389 b
The Acupuncture Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Funeral Directors and Embalmers Licensing Code.
The Home Medical Equipment and Services Provider License
Act.
The Illinois Petroleum Education and Marketing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
Section 10. The Funeral Directors and Embalmers Licensing
Code is amended by changing Sections 1-10, 1-15, 1-30, 5-7,
5-10, 5-15, 5-18, 5-20, 10-7, 10-20, 10-30, 10-43, 15-10,
15-15, 15-18, 15-20, 15-21, 15-22, 15-30, 15-40, 15-41, 15-65,
15-75, 15-80, and 15-91 as follows:
(225 ILCS 41/1-10)

HB4666 - 3 - LRB102 24163 AMQ 33389 b
(Section scheduled to be repealed on January 1, 2023)
Sec. 1-10. Definitions. As used in this Code:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Department of any changes of address
and those changes must be made either through the Department's
website or by contacting the Department.
"Applicant" means any person making application for a
license. Any applicants or people who hold themselves out as
applicants are considered licensees for purposes of
enforcement, investigation, hearings, and the Illinois
Administrative Procedure Act.
"Board" means the Funeral Directors and Embalmers
Licensing and Disciplinary Board.
"Certificate of Death" means a certificate of death as
referenced in the Illinois Vital Records Act.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
"Funeral director and embalmer" means a person who is
licensed and qualified to practice funeral directing and to
prepare, disinfect and preserve dead human bodies by the

HB4666 - 4 - LRB102 24163 AMQ 33389 b
injection or external application of antiseptics,
disinfectants or preservative fluids and materials and to use
derma surgery or plastic art for the restoring of mutilated
features. It further means a person who restores the remains
of a person for the purpose of funeralization whose organs or
bone or tissue has been donated for anatomical purposes.
"Funeral director and embalmer intern" means a person
licensed by the Department who is qualified to render
assistance to a funeral director and embalmer in carrying out
the practice of funeral directing and embalming under the
supervision of the funeral director and embalmer.
"Embalming" means the process of sanitizing and chemically
treating a deceased human body in order to reduce the presence
and growth of microorganisms, to retard organic decomposition,
to render the remains safe to handle while retaining
naturalness of tissue, and to restore an acceptable physical
appearance for funeral viewing purposes.
"Funeral director" means a person, known by the title of
"funeral director" or other similar words or titles, licensed
by the Department who practices funeral directing.
"Funeral establishment", "funeral chapel", "funeral home",
or "mortuary" means a building or separate portion of a
building having a specific street address or location and
devoted to activities relating to the shelter, care, custody
and preparation of a deceased human body and which may contain
facilities for funeral or wake services.

HB4666 - 5 - LRB102 24163 AMQ 33389 b
"Licensee" means a person licensed under this Code as a
funeral director, funeral director and embalmer, or funeral
director and embalmer intern. Anyone who holds himself or
herself out as a licensee or who is accused of unlicensed
practice is considered a licensee for purposes of enforcement,
investigation, hearings, and the Illinois Administrative
Procedure Act.
"Owner" means the individual, partnership, corporation,
limited liability company, association, trust, estate, or
agent thereof, or other person or combination of persons who
owns a funeral establishment or funeral business.
"Person" means any individual, partnership, association,
firm, corporation, limited liability company, trust or estate,
or other entity. "Person" includes both natural persons and
legal entities.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11;
97-1130, eff. 8-28-12.)
(225 ILCS 41/1-15)
(Section scheduled to be repealed on January 1, 2023)
Sec. 1-15. Funeral directing; definition. Conducting or
engaging in or representing or holding out oneself as
conducting or engaging engaged in any one or any combination
of the following practices constitutes the practice of funeral

HB4666 - 6 - LRB102 24163 AMQ 33389 b
directing:
(a) The practice of preparing, otherwise than by
embalming, for the burial, cremation, or disposition and
directing and supervising the burial or disposition of
deceased human remains or performing any act or service in
connection with the preparing of dead human bodies.
Preparation, direction, and supervision shall not be
construed to mean those functions normally performed by
cemetery and crematory personnel.
(b) The practice of operating a place for preparing
for the disposition of deceased human bodies or for caring
for deceased human bodies before their disposition.
Nothing in this Code shall prohibit the ownership and
management of such a place by an unlicensed owner if the
place is operated in accordance with this Code and the
unlicensed owner does not engage in any form of funeral
directing. An unlicensed owner may interact with consumers
while a licensed funeral director is present in accordance
with this Section.
(c) The removal of a deceased human body from its
place of death, institution, or other location. A licensed
funeral director and embalmer intern may remove a deceased
human body from its place of death, institution, or other
location without another licensee being present. The
licensed funeral director may engage others who are not
licensed funeral directors, licensed funeral director and

HB4666 - 7 - LRB102 24163 AMQ 33389 b
embalmers, or licensed funeral director and embalmer
interns to assist in the removal if the funeral director
directs and instructs them in handling and precautionary
procedures and accompanies them on all calls. The
transportation of deceased human remains to a cemetery,
crematory or other place of final disposition shall be
under the immediate direct supervision of a licensee
unless otherwise permitted by this Section. The
transportation of deceased human remains that are embalmed
or otherwise prepared and enclosed in an appropriate
container to some other place that is not the place of
final disposition, such as another funeral home or common
carrier, or to a facility that shares common ownership
with the transporting funeral home may be performed under
the general supervision of a licensee, but the supervision
need not be immediate or direct.
(d) The administering and conducting of, or assuming
responsibility for administering and conducting of, at
need funeral arrangements.
(e) The assuming custody of, transportation, providing
shelter, protection and care and disposition of deceased
human remains and the furnishing of necessary funeral
services, facilities and equipment.
(f) Using in connection with a name or practice the
word "funeral director", "undertaker", "mortician",
"funeral home", "funeral parlor", "funeral chapel", or any

HB4666 - 8 - LRB102 24163 AMQ 33389 b
other title implying that the person is engaged in the
practice of funeral directing.
Within the existing scope of the practice of funeral
directing or funeral directing and embalming, only a licensed
funeral director, a licensed funeral director and embalmer, or
a licensed funeral director and embalmer intern under the
restrictions provided for in this Code, and not any other
person employed or contracted by the licensee, may engage in
the following activities at-need: (1) have direct contact with
consumers and explain funeral or burial merchandise or
services or (2) negotiate, develop, or finalize contracts with
consumers. This paragraph shall not be construed or enforced
in such a manner as to limit the functions of persons regulated
under the Illinois Funeral or Burial Funds Act, the Illinois
Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the
Cemetery Care Act, the Cemetery Association Act, the Illinois
Insurance Code, or any other related professional regulatory
Act.
The practice of funeral directing shall not include the
phoning in of obituary notices, ordering of flowers for the
funeral, or reporting of prices on the firm's general price
list as required by the Federal Trade Commission Funeral Rule
by nonlicensed persons, or like clerical tasks incidental to
the act of making funeral arrangements.
The making of funeral arrangements, at need, shall be done
only by licensed funeral directors or licensed funeral

HB4666 - 9 - LRB102 24163 AMQ 33389 b
directors and embalmers. Licensed funeral director and
embalmer interns may, however, assist or participate in the
arrangements under the direct supervision of a licensed
funeral director or licensed funeral director and embalmer.
(Source: P.A. 97-1130, eff. 8-28-12; 98-432, eff. 1-1-14.)
(225 ILCS 41/1-30)
(Section scheduled to be repealed on January 1, 2023)
Sec. 1-30. Powers of the Department. Subject to the
provisions of this Code, the Department may exercise the
following powers:
(1) To authorize examinations to ascertain the
qualifications and fitness of applicants for licensing as
a licensed funeral director and embalmer and pass upon the
qualifications of applicants for licensure.
(2) To examine the records of a licensed funeral
director or licensed funeral director and embalmer from
any year or any other aspect of funeral directing and
embalming as the Department deems appropriate.
(3) To investigate any and all funeral directing and
embalming activity.
(4) To conduct hearings on proceedings to refuse to
issue or renew licenses or to revoke, suspend, place on
probation, reprimand, or otherwise discipline a license
under this Code or take other non-disciplinary action.
(5) To adopt all necessary and reasonable rules and

HB4666 - 10 - LRB102 24163 AMQ 33389 b
regulations for the effective administration of this Code.
(6) To prescribe forms to be issued for the
administration and enforcement of this Code.
(7) (Blank). To maintain rosters of the names and
addresses of all licensees and all persons whose licenses
have been suspended, revoked, denied renewal, or otherwise
disciplined within the previous calendar year. These
rosters shall be available upon written request and
payment of the required fee as established by rule.
(8) To contract with third parties for services
necessary for the proper administration of this Code
including, without limitation, investigators with the
proper knowledge, training, and skills to properly inspect
funeral homes and investigate complaints under this Code.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/5-7)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-7. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal or restoration of a
license; and
(2) It is the duty of the applicant or licensee to

HB4666 - 11 - LRB102 24163 AMQ 33389 b
inform the Department of any change of address within 14
days after the change of address of record or email
address of record, either through the Department's website
or by contacting the Department's licensure maintenance
unit.
(Source: P.A. 96-1463, eff. 1-1-11.)
(225 ILCS 41/5-10)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-10. Funeral director license; display. Every holder
of a license as a funeral director shall display it, or a copy,
in a conspicuous place in the licensee's place of practice or
in the place of practice in which the licensee is employed or
contracted. If the licensee is engaged in funeral directing at
more than one place of practice, then in the licensee's
principal place of practice or the principal place of practice
of the licensee's employer and a copy of the license shall be
displayed in a conspicuous place at all other places of
practice. Every displayed license shall have the license
number visible.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/5-15)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-15. Renewal; reinstatement; restoration. The
expiration date and renewal period for each license issued

HB4666 - 12 - LRB102 24163 AMQ 33389 b
under this Article shall be set by rule. The holder of a
license as a licensed funeral director may renew the license
during the month preceding the expiration date of the license
by paying the required fee. A licensed funeral director whose
license has expired may have the license reinstated within 5
years from the date of expiration upon payment of the required
reinstatement fee. The reinstatement shall be effective as of
the date of reissuance of the license.
Any licensed funeral director whose license has been
expired for more than 5 years may have the license restored
only by fulfilling the requirements of the Department's rules
and by paying the required restoration fee. However, any
licensed funeral director whose license has expired while he
or she has been engaged (1) in federal service on active duty
with the United States Army, Navy, Marine Corps, Air Force, or
Coast Guard, or the State Militia called into the service or
training of the United States of America or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service may have
his or her license restored without paying any lapsed renewal
fees or restoration fee or without passing any examination if,
within 2 years after termination of the service, training or
education other than by dishonorable discharge, he or she
furnishes the Department with an affidavit to the effect that
he or she has been so engaged and that his or her service,
training or education has been so terminated.

HB4666 - 13 - LRB102 24163 AMQ 33389 b
In addition to any other requirement for renewal of a
license or reinstatement or restoration of an expired license,
as a condition for the renewal, reinstatement, or restoration
of a license as a licensed funeral director, each licensee
shall provide evidence to the Department of completion of at
least 12 hours of continuing education during the 24 months
preceding the expiration date of the license, or in the case of
reinstatement or restoration, during the 24 months preceding
application for reinstatement or restoration. The continuing
education sponsors shall be approved by the Board. In
addition, any qualified continuing education course for
funeral directors offered by a college, university, the
Illinois Funeral Directors Association, Funeral Directors
Services Association of Greater Chicago, Cook County
Association of Funeral Home Owners, Inc., Illinois Selected
Morticians Association, Inc., Illinois Cemetery and Funeral
Home Association, National Funeral Directors Association,
Selected Independent Funeral Homes, National Funeral Directors
and Morticians Association, Inc., International Order of the
Golden Rule, or an Illinois school of mortuary science shall
be accepted toward satisfaction of the continuing education
requirements.
The Department shall establish by rule a means for
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by

HB4666 - 14 - LRB102 24163 AMQ 33389 b
licensees, by requiring the filing of continued education
certificates with the Department or a qualified organization
selected by the Department to maintain these records, or by
other means established by the Department.
Except as otherwise provided in this paragraph, a person
who is licensed as a funeral director under this Code and who
has engaged in the practice of funeral directing for at least
40 years shall be exempt from the continuing education
requirements of this Section. Licensees who have not engaged
in the practice of funeral directing for at least 40 years by
January 1, 2016 shall not receive this exemption after that
date. In addition, the Department shall establish by rule an
exemption or exception, for a limited period of time, for
funeral directors who, by reason of advanced age, health or
other extreme condition should reasonably be excused from the
continuing education requirement upon the approval of the
Secretary. Those persons, identified above, who cannot attend
on-site classes, shall have the opportunity to comply by
completing home study courses designed for them by sponsors.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/5-18)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-18. Inactive status.
(a) Any funeral director who notifies the Department in
writing on forms prescribed by the Department may elect to

HB4666 - 15 - LRB102 24163 AMQ 33389 b
place his or her license on an inactive status and shall,
subject to rules of the Department, be excused from payment of
renewal fees and completion of continuing education
requirements until he or she notifies the Department in
writing of an intent to restore or reinstate the license to
active status.
(b) Any licensee who has permitted his or her license to
expire or who has had his or her license on inactive status may
have the license restored by making application to the
Department, by filing proof acceptable to the Department of
his or her fitness to have the license restored, and by paying
the required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, then the
Department shall determine the licensee's fitness to resume
active status and may require successful completion of a
practical examination or any other method it deems
appropriate, including, but not limited to, those established
by rule by an evaluation program, established by rule, his or
her fitness for restoration of the license and shall establish
procedures and requirements for restoration. Any licensee
whose license is on inactive status shall not practice in the
State.
(c) Any licensee whose license is on inactive status or in
a non-renewed status shall not engage in the practice of

HB4666 - 16 - LRB102 24163 AMQ 33389 b
funeral directing in the State or use the title or advertise
that he or she performs the services of a licensed funeral
director. Any person violating this Section shall be
considered to be practicing without a license and shall be
subject to the disciplinary provisions of this Code.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/5-20)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-20. Disposition of unclaimed cremated remains. The
holder of a license is authorized at his or her discretion to
effect a final disposition of the unclaimed cremated remains
of any cremated human body if no person lawfully entitled to
the custody of the remains ashes makes or has made a proper
request for them within 60 days one year of the date of death
of the person whose body was cremated.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/10-7)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10-7. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal or restoration of a

HB4666 - 17 - LRB102 24163 AMQ 33389 b
license; and
(2) It is the duty of the applicant or licensee to
inform the Department of any change of address within 14
days after the change of address of record or email
address of record, either through the Department's website
or by contacting the Department's licensure maintenance
unit.
(Source: P.A. 96-1463, eff. 1-1-11.)
(225 ILCS 41/10-20)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10-20. Application. Every person who desires to
obtain a license under this Code shall apply to the Department
in writing on forms or electronically as prescribed prepared
and furnished by the Department. The application shall contain
proof of the particular qualifications required of the
applicant, shall be certified by the applicant, and shall be
accompanied by the required fee that shall not be refundable.
Applicants have 3 years after the date of application to
complete the application process. If the process has not been
completed in 3 years, then the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/10-30)

HB4666 - 18 - LRB102 24163 AMQ 33389 b
(Section scheduled to be repealed on January 1, 2023)
Sec. 10-30. Issuance, display of license. Whenever an
applicant has met the requirements of this Code, the
Department may shall issue to the applicant a license as a
licensed funeral director and embalmer or licensed funeral
director and embalmer intern, as the case may be.
Every holder of a license shall display it in a
conspicuous place in the licensee's place of practice or in
the place of practice in which the licensee is employed or
contracted. If the licensee is engaged in funeral directing
and embalming at more than one place of practice, then the
license shall be displayed in the licensee's principal place
of practice or the principal place of practice of the
licensee's employer and a copy of the license shall be
displayed in a conspicuous place at all other places of
practice. Every displayed license shall have the license
number visible.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/10-43)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10-43. Endorsement. The Department may issue a
funeral director and embalmer license, without the required
examination, to an applicant licensed by another state,
territory, possession of the United States, or the District of
Columbia, if (i) the licensing requirements of that licensing

HB4666 - 19 - LRB102 24163 AMQ 33389 b
authority are, on the date of licensure, substantially
equivalent equal to the requirements set forth under this Code
and (ii) the applicant provides the Department with evidence
of good standing from the licensing authority of that
jurisdiction. An applicant under this Section shall pay all of
the required fees.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-10)
(Section scheduled to be repealed on January 1, 2023)
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. 96-1463, eff. 1-1-11.)
(225 ILCS 41/15-15)

HB4666 - 20 - LRB102 24163 AMQ 33389 b
(Section scheduled to be repealed on January 1, 2023)
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 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, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the

HB4666 - 21 - LRB102 24163 AMQ 33389 b
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 or certified mail or email to the
licensee's address of record.
(Source: P.A. 96-48, eff. 7-17-09; 96-1463, eff. 1-1-11;
97-1130, eff. 8-28-12.)
(225 ILCS 41/15-18)
(Section scheduled to be repealed on January 1, 2023)
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

HB4666 - 22 - LRB102 24163 AMQ 33389 b
request of the suspended licensee, then the licensee's license
shall be automatically reinstated.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-20)
(Section scheduled to be repealed on January 1, 2023)
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 preserve a record of all proceedings at the formal
hearing of any case. 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

HB4666 - 23 - LRB102 24163 AMQ 33389 b
report of the Board or hearing officer, and the orders of the
Department shall be the record of the proceedings.
(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. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-21)
(Section scheduled to be repealed on January 1, 2023)
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

HB4666 - 24 - LRB102 24163 AMQ 33389 b
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 bearing upon the reasonableness of the
conduct of the accused and the potential for future harm to the
public, including, but not limited to, previous discipline of
the accused by the Department, intent, degree of harm to the
public and likelihood of harm in the future, any restitution
made by the accused, and whether the incident or incidents
contained in the complaint appear to be isolated or represent
a continuing pattern of conduct. 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

HB4666 - 25 - LRB102 24163 AMQ 33389 b
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. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-22)
(Section scheduled to be repealed on January 1, 2023)
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 calendar 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. The Department may respond to the
motion for rehearing within 20 calendar days after its service
on the Department. 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

HB4666 - 26 - LRB102 24163 AMQ 33389 b
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. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-30)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15-30. Unlicensed practice; violations; civil penalty
Mental incompetence; suspension.
(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

HB4666 - 27 - LRB102 24163 AMQ 33389 b
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.
The entry of a judgment by any court of competent jurisdiction
establishing the mental incompetence of any person holding a
license under this Code 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. 96-1463, eff. 1-1-11.)
(225 ILCS 41/15-40)
(Section scheduled to be repealed on January 1, 2023)
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

HB4666 - 28 - LRB102 24163 AMQ 33389 b
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. Exhibits shall be
certified without cost. Failure on the part of the Plaintiff
to file a receipt in court is grounds for dismissal of the
action.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-41)
(Section scheduled to be repealed on January 1, 2023)
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; and
(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. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-65)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15-65. Fees. The Department shall provide by rule for

HB4666 - 29 - LRB102 24163 AMQ 33389 b
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 in the
administration of this Code.
(Source: P.A. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-75)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15-75. Grounds Violations; grounds for discipline;
penalties.
(a) (Blank). 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 funeral director
and embalmer or funeral director.
(2) Serving 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.

HB4666 - 30 - LRB102 24163 AMQ 33389 b
(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) 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
imposing 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

HB4666 - 31 - LRB102 24163 AMQ 33389 b
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

HB4666 - 32 - LRB102 24163 AMQ 33389 b
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

HB4666 - 33 - LRB102 24163 AMQ 33389 b
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

HB4666 - 34 - LRB102 24163 AMQ 33389 b
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

HB4666 - 35 - LRB102 24163 AMQ 33389 b
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.

HB4666 - 36 - LRB102 24163 AMQ 33389 b
(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

HB4666 - 37 - LRB102 24163 AMQ 33389 b
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

HB4666 - 38 - LRB102 24163 AMQ 33389 b
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,

HB4666 - 39 - LRB102 24163 AMQ 33389 b
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

HB4666 - 40 - LRB102 24163 AMQ 33389 b
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

HB4666 - 41 - LRB102 24163 AMQ 33389 b
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.

HB4666 - 42 - LRB102 24163 AMQ 33389 b
(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

HB4666 - 43 - LRB102 24163 AMQ 33389 b
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

HB4666 - 44 - LRB102 24163 AMQ 33389 b
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. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17;
100-872, eff. 8-14-18.)
(225 ILCS 41/15-80)
(Section scheduled to be repealed on January 1, 2023)

HB4666 - 45 - LRB102 24163 AMQ 33389 b
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 maintain a roster of names and
addresses of all persons who hold valid licenses and all
persons whose licenses have been suspended or revoked within
the previous year. This roster shall be available upon request
and payment of the required fee.
(Source: P.A. 97-1130, eff. 8-28-12.)
(225 ILCS 41/15-91)
(Section scheduled to be repealed on January 1, 2023)
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. If the applicant requests a
hearing, then the Secretary shall schedule a hearing within 30
days after the request for a hearing, unless otherwise agreed
to by the parties. 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

HB4666 - 46 - LRB102 24163 AMQ 33389 b
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. 96-1463, eff. 1-1-11; 97-1130, eff. 8-28-12.)
(225 ILCS 41/10-22 rep.)
(225 ILCS 41/15-17 rep.)
(225 ILCS 41/15-100 rep.)
Section 15. The Funeral Directors and Embalmers Licensing
Code is amended by repealing Sections 10-22, 15-17, and
15-100.
Section 99. Effective date. This Section and Section 5
take effect upon becoming law.
HB4666 - 47 - LRB102 24163 AMQ 33389 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.33
5 ILCS 80/4.38
225 ILCS 41/1-10
225 ILCS 41/1-15
225 ILCS 41/1-30
225 ILCS 41/5-7
225 ILCS 41/5-10
225 ILCS 41/5-15
225 ILCS 41/5-18
225 ILCS 41/5-20
225 ILCS 41/10-7
225 ILCS 41/10-20
225 ILCS 41/10-30
225 ILCS 41/10-43
225 ILCS 41/15-10
225 ILCS 41/15-15
225 ILCS 41/15-18
225 ILCS 41/15-20
225 ILCS 41/15-21
225 ILCS 41/15-22
225 ILCS 41/15-30
225 ILCS 41/15-40
225 ILCS 41/15-41
HB4666 - 48 - LRB102 24163 AMQ 33389 b