HB 4666

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 Provides that the Funeral Directors and Embalmers Licensing Code is repealed on January 1, 2028 (instead of January 1, 2023).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 that 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 that 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. Provisions amending the Regulatory Sunset Act 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 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.