State of Illinois
92nd General Assembly
Legislation

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92_SB1687sam003

 










                                           LRB9215596ACcdam02

 1                    AMENDMENT TO SENATE BILL 1687

 2        AMENDMENT NO.     .  Amend Senate Bill 1687, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Regulatory  Sunset  Act  is  amended  by
 6    changing Section 4.13 and adding Section 4.23 as follows:

 7        (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
 8        Sec.  4.13.   Acts  repealed  on  December 31, 2002.  The
 9    following Acts are repealed on December 31, 2002:
10        The Environmental Health Practitioner Licensing Act.
11        The Naprapathic Practice Act.
12        The Wholesale Drug Distribution Licensing Act.
13        The Dietetic and Nutrition Services Practice Act.
14        The Funeral Directors and Embalmers Licensing Code.
15        The  Professional  Counselor  and  Clinical  Professional
16    Counselor Licensing Act.
17    (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)

18        (5 ILCS 80/4.23 new)
19        Sec.  4.23.   Act  repealed  on  January  1,  2013.   The
20    following Act is repealed on January 1, 2013:
21        The Funeral Directors and Embalmers Licensing Code.
 
                            -2-            LRB9215596ACcdam02
 1        Section  10.   The  Funeral   Directors   and   Embalmers
 2    Licensing  Code  is  amended  by  changing  Section  5-15  as
 3    follows:

 4        (225 ILCS 41/5-15)
 5        (Section scheduled to be repealed on December 31, 2002)
 6        Sec.  5-15.  Expiration  and  renewal;  inactive  status;
 7    continuing  education. The expiration date and renewal period
 8    for each license issued under this Article shall  be  set  by
 9    rule.  The holder of a license as a licensed funeral director
10    may   renew  the  license  during  the  month  preceding  the
11    expiration date of the license by paying the required fee.  A
12    licensed  funeral director whose license has expired may have
13    the license reinstated  within  5  years  from  the  date  of
14    expiration  upon  payment  of the required reinstatement fee.
15    The reinstatement shall  be  effective  as  of  the  date  of
16    reissuance of the license.
17        Any  licensed  funeral  director  whose  license has been
18    expired for more than 5 years may have the  license  restored
19    only by fulfilling the requirements of the Department's rules
20    and  by  paying  the  required  restoration fee. However, any
21    licensed funeral director whose license has expired while  he
22    or she has been engaged (1) in federal service on active duty
23    with  the  Army of the United States, the United States Navy,
24    the Marine Corps, the Air Force,  the  Coast  Guard,  or  the
25    State  Militia  called  into  the  service or training of the
26    United States of America or  (2)  in  training  or  education
27    under  the  supervision  of  the United States preliminary to
28    induction into the military  service  may  have  his  or  her
29    license  restored  without  paying any lapsed renewal fees or
30    restoration fee or without passing any examination if, within
31    2  years  after  termination  of  the  service,  training  or
32    education other than by dishonorable  discharge,  he  or  she
33    furnishes the Department with an affidavit to the effect that
 
                            -3-            LRB9215596ACcdam02
 1    he  or  she has been so engaged and that service, training or
 2    education has been so terminated.
 3        In addition to any other requirement  for  renewal  of  a
 4    license  or  reinstatement  of  an expired license, beginning
 5    with licenses renewed or reinstated in 1993, as  a  condition
 6    for  the  renewal or reinstatement of a license as a licensed
 7    funeral director, each licensee shall provide evidence to the
 8    Department of completion of at least 12 hours  of  continuing
 9    education  during the 24 months preceding the expiration date
10    of the license, or in the case of reinstatement,  during  the
11    24  months  preceding  application  for  reinstatement.   The
12    continuing education sponsors shall be approved by the Board.
13    In  addition,  any  qualified continuing education course for
14    funeral directors  offered  by  a  college,  university,  the
15    Illinois  Funeral  Directors  Association,  Funeral Directors
16    Services  Association  of  Greater   Chicago,   Cook   County
17    Association  of  Funeral Home Owners, Inc., Illinois Selected
18    Morticians  Association,  Inc.,  National  Funeral  Directors
19    Association, National Foundation of Funeral Service, National
20    Selected   Morticians,   National   Funeral   Directors   and
21    Morticians Association,  Inc.,  International  Order  of  the
22    Golden  Rule, or an Illinois school of mortuary science shall
23    be accepted toward satisfaction of the  continuing  education
24    requirements.
25        The  Department  shall  establish  by  rule  a  means for
26    verification  of  completion  of  the  continuing   education
27    required   by   this   Section.   This  verification  may  be
28    accomplished  through  audits  of   records   maintained   by
29    licensees,  by  requiring  the  filing of continued education
30    certificates with the Department or a qualified  organization
31    selected  by  the Department to maintain these records, or by
32    other means established by the Department.
33        A person who is licensed as a funeral director under this
34    Act and who has engaged in the practice of funeral  directing
 
                            -4-            LRB9215596ACcdam02
 1    for  at  least  40  years shall be exempt from the continuing
 2    education requirements of  this  Section.  In  addition,  the
 3    Department  shall establish by rule an exemption or exception
 4    for funeral directors who, by reason of advanced age,  health
 5    or  other extreme condition should reasonably be excused from
 6    the continuing education requirement upon explanation to  the
 7    Board, the approval of the Director, or both.  Those persons,
 8    identified  above,  who  cannot attend on-site classes, shall
 9    have the opportunity  to  comply  by  completing  home  study
10    courses designed for them by sponsors.
11        Any  funeral  director  who  notifies  the  Department in
12    writing on forms prescribed by the Department  may  elect  to
13    place  his  or her license on an inactive status and shall be
14    excused from completion of continuing education  requirements
15    until  he  or  she  notifies  the Department in writing of an
16    intent to restore the license to  active  status.   While  on
17    inactive status, the licensee shall only be required to pay a
18    single fee, established by the Department, to have his or her
19    license  placed  on inactive status.  Any licensee requesting
20    restoration from inactive status shall notify the  Department
21    as  provided  by  rule  of  the  Department  and  pay the fee
22    required by the Department for restoration  of  the  license.
23    Any  licensee  whose  license is on inactive status shall not
24    practice in the State of Illinois.
25        Practice on a license that has lapsed or been  placed  in
26    inactive  status  is  practicing  without  a  license  and  a
27    violation of this Act.
28    (Source: P.A. 90-50, eff. 1-1-98.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.".

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