HB 4666

  • Illinois House Bill
  • 102nd Regular Session
  • Introduced in House Apr 07, 2022
  • Passed House Mar 03, 2022
  • Passed Senate Apr 07, 2022
  • Became Law May 27, 2022

Funeral Director-Various

Abstract

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 Provides that the Funeral Directors and Embalmers Licensing Code is repealed on January 1, 2028 (instead of January 1, 2023).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. Specified provisions are effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 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 41/15-41 225 ILCS 41/15-65 225 ILCS 41/15-75 225 ILCS 41/15-80 225 ILCS 41/15-91 225 ILCS 41/10-22 rep. 225 ILCS 41/15-17 rep. 225 ILCS 41/15-100 rep. Adds reference to: 5 ILCS 140/7.5 225 ILCS 510/3 from Ch. 111, par. 953 225 ILCS 510/5 from Ch. 111, par. 955 225 ILCS 510/7 from Ch. 111, par. 957 225 ILCS 510/13 from Ch. 111, par. 963 225 ILCS 510/14 from Ch. 111, par. 964 225 ILCS 510/14.1 225 ILCS 510/14.3 new Replaces everything after the enacting clause. 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 the number of contracted shifts, number of shifts missed, and number of shifts fulfilled for the 3 quarters preceding the application. 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. Provides that the Department of Financial and Professional Responsibility shall establish minimum standards for the operation of nurse agencies which includes, but is not limited to: (1) the maintenance of written policies and procedures; (2) the maintenance and submission to the Department of copies of all contracts between the nurse agency and health care facility to which it assigns or refers nurses or certified nurse aides and copies of all invoices to health care facilities personnel; and (3) the development of personnel policies for nurses or certified nurse aides employed, assigned, or referred to health care facilities. Provides that executed contracts must be sent to the Department within 5 business days of their effective date and are not subject to disclosure under the Freedom of Information Act. 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 for each health care entity with whom the agency contracts. Provides that the Department 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 shall establish a system of reporting complaints against a health care staffing agency. Provides that the Department shall publish on its website how an interested party may submit a complaint of a violation of the Act to the Department. Provides that complaints may be made by an interested party. 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) payable to the Department for the purpose of enforcing the Act. 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 between such nurse staffing agency and health care facility 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 the following provisions: (i) a full disclosure of charges and compensation; (ii) a commitment that nurses or certified nurse aides employed, assigned, or referred to a health care facility by the nurse agency perform any and all duties called for within the full scope of practice for which the nurse or certified nurse aide is licensed or certified; and (iii) 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 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 for each violation: (i) liquidated damages of $1,500 or actual damages, whichever is greater; (ii) reasonable attorney's fees and costs; and (iii) other relief, as the court may deem appropriate. Makes other changes. Makes a corresponding change in the Freedom of Information Act. Effective July 1, 2022.

Bill Sponsors (7)

Votes


Actions


May 27, 2022

House

Public Act . . . . . . . . . 102-0946

House

Effective Date July 1, 2022

House

Governor Approved

May 06, 2022

House

Sent to the Governor

Apr 08, 2022

House

Passed Both Houses

House

House Concurs

House

Senate Floor Amendment No. 1 House Concurs 101-011-002

House

Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Human Services Committee; 015-000-000

House

Added Chief Co-Sponsor Rep. Frances Ann Hurley

House

Added Co-Sponsor Rep. Amy Elik

House

Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee

Apr 07, 2022

Senate

Senate Floor Amendment No. 1 Assignments Refers to Executive

Senate

Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 015-000-000

Senate

Added as Alternate Co-Sponsor Sen. David Koehler

House

Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

House

Senate Floor Amendment No. 1 Motion Filed Concur Rep. Jay Hoffman

House

Chief Sponsor Changed to Rep. Jay Hoffman

House

Placed on Calendar Order of Concurrence Senate Amendment(s) 1

House

Arrived in House

Senate

Third Reading - Passed; 057-000-000

Senate

Placed on Calendar Order of 3rd Reading

Senate

Senate Floor Amendment No. 1 Adopted; Aquino

Senate

Recalled to Second Reading

Apr 06, 2022

Senate

Senate Floor Amendment No. 1 Filed with Secretary by Sen. Omar Aquino

Senate

Senate Floor Amendment No. 1 Referred to Assignments

Apr 05, 2022

Senate

Approved for Consideration Assignments

Senate

Placed on Calendar Order of 3rd Reading April 6, 2022

Senate

Second Reading

Senate

Added as Alternate Co-Sponsor Sen. Napoleon Harris, III

Senate

Alternate Chief Sponsor Changed to Sen. Omar Aquino

Senate

Rule 2-10 Third Reading Deadline Established As April 8, 2022

Senate

Placed on Calendar Order of 2nd Reading April 6, 2022

Mar 04, 2022

Senate

Arrive in Senate

Senate

Referred to Assignments

Senate

First Reading

Senate

Chief Senate Sponsor Sen. Emil Jones, III

Senate

Placed on Calendar Order of First Reading

Mar 03, 2022

House

Third Reading - Consent Calendar - Passed 104-000-000

Mar 02, 2022

House

Third Reading - Consent Calendar - First Day

Mar 01, 2022

House

Placed on Calendar Order of 3rd Reading - Consent Calendar

Feb 18, 2022

House

Held on Calendar Order of Second Reading - Consent Calendar

House

Second Reading - Consent Calendar

Feb 17, 2022

House

Placed on Calendar 2nd Reading - Consent Calendar

House

Added Chief Co-Sponsor Rep. Stephanie A. Kifowit

Feb 16, 2022

House

Do Pass / Consent Calendar Labor & Commerce Committee; 029-000-000

Feb 09, 2022

House

Assigned to Labor & Commerce Committee

Jan 21, 2022

House

First Reading

House

Referred to Rules Committee

Jan 20, 2022

House

Filed with the Clerk by Rep. Theresa Mah

Bill Text

Bill Text Versions Format
Introduced HTML PDF
Engrossed HTML PDF
Enrolled HTML PDF
Senate Amendment 001 HTML PDF

Related Documents

Document Format
Public Act

Sources

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