Article 12 - Customer Service Employees


 
    (225 ILCS 41/Art. 12 heading)
ARTICLE 12. CUSTOMER SERVICE EMPLOYEES
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 41/12‑5)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 12‑5. License requirement. Customer service employees employed by a funeral establishment, funeral chapel, funeral home, or mortuary must apply for licensure as a customer service employee on forms prescribed by the Department and pay the fee established by rule. Funeral directors and embalmers already licensed under this Act need not obtain a separate license as a customer service employee. It is unlawful for any person to act as a customer service employee without a customer service employee license issued by the Department unless otherwise exempted under this Section.
    A person acting as a customer service employee who, prior to the effective date of this amendatory Act of the 96th General Assembly, was not required to obtain licensure need not comply with the licensure requirement in this Article until the Department takes action on the person's application for a license. The application for a customer service employee license must be submitted to the Department within 4 months after the Department adopts rules regarding licensure under this amendatory Act of the 96th General Assembly. If the person fails to submit the application within this time period, then the person shall be considered to be engaged in unlicensed practice and shall be subject to discipline under this Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 41/12‑10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 12‑10. Qualifications for licensure.
    (a) A person is qualified for licensure as a customer service employee if he or she meets all of the following requirements:
        (1) Is at least 18 years of age.
        (2) Is of good moral character, including compliance
     with the Code of Professional Conduct and Ethics as provided for by rule. Good moral character is a continuing requirement of licensure. In determining good moral character, the Department may take into consideration conviction of any crime under the laws of any jurisdiction.
        (3) Submits proof of successful completion of a high
     school education or its equivalent as established by rule.
        (4) Submits his or her fingerprints in accordance
     with subsection (b) of this Section.
        (5) Has not committed a violation of this Act or any
     rules adopted under this Act that, in the opinion of the Department, renders the applicant unqualified to be a customer service employee.
        (6) Successfully passes the examination authorized by
     the Department for customer service employees.
        (7) Has complied with all other requirements of this
     Act and rules established for the implementation of this Act.
        (8) Can be reasonably expected to treat consumers
     professionally, fairly, and ethically.
    (b) Each applicant for a customer service employee license shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information that is prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or directly to a designated fingerprint vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated fingerprint vendor to provide his or her fingerprints in an alternative manner. The Department, in its discretion, may also use other procedures in performing or obtaining criminal background checks of applicants. Instead of submitting his or her fingerprints, an individual may submit proof that is satisfactory to the Department that an equivalent security clearance has been conducted.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 41/12‑11)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 12‑11. Code of Professional Conduct and Ethics. The Department shall implement a Code of Professional Conduct and Ethics. Customer service employees shall abide by the Code of Professional Conduct and Ethics.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 41/12‑15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 12‑15. Examination; failure or refusal to take the examination.
    (a) The Department shall authorize examinations of customer service employee applicants at such times and places as it may determine. The examinations shall fairly test an applicant's qualifications to practice as customer service employee and knowledge of the theory and practice of funeral home customer service. The examination shall further test the extent to which the applicant understands and appreciates that the final disposal of a deceased human body should be attended with appropriate observance and understanding, having due regard and respect for the reverent care of the human body and for those bereaved and for the overall spiritual dignity of an individual.
    (b) Applicants for examinations shall pay, either to the Department or to the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee.
    (c) If the applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within one year after filing an application, then the application shall be denied. However, the applicant may thereafter submit a new application accompanied by the required fee. The applicant shall meet the requirements in force at the time of making the new application.
    (d) The Department may employ consultants for the purpose of preparing and conducting examinations.
    (e) The Department shall have the authority to adopt or recognize, in part or in whole, examinations prepared, administered, or graded by other organizations in the cemetery industry that are determined appropriate to measure the qualifications of an applicant for licensure.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 41/12‑20)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 12‑20. Continuing education. The Department shall adopt rules of continuing education for customer service employees. The requirements of this Section apply to any person seeking renewal or restoration under this Code.
(Source: P.A. 96‑863, eff. 3‑1‑10.)