Illinois Administrative Code
Title 68 - PROFESSIONS AND OCCUPATIONS
Part 1249 - CEMETERY OVERSIGHT ACT
Subpart D - ENFORCEMENT AND DISCIPLINARY PROCEEDINGS
Section 1249.330 - Professional Standards
Universal Citation: 68 IL Admin Code ยง 1249.330
Current through Register Vol. 48, No. 38, September 20, 2024
a) "Dishonorable, unethical or unprofessional conduct", as used in Section 25-10(a)(9) of the Act, is defined as follows:
1) In determining what constitutes
dishonorable, unethical or unprofessional conduct of a character likely to
deceive, defraud or harm the public, the Division shall consider whether the
questioned activities:
A) Violate ethical
standards of the profession, including the standards set by Section 10-23 of
the Act and Section
1249.330;
B) Caused actual harm to any consumer or
member of the public; or
C) Are
reasonably likely to cause harm to any consumer or member of the public in the
future.
2) Dishonorable,
unethical or unprofessional conduct includes, but is not limited to:
A) Disclosing financial or other confidential
information regarding the deceased or the person providing for the
burial;
B) Discrimination based on
race, color, sex, sexual orientation, age, religion, national origin or other
characteristics protected by applicable laws. A religious cemetery may restrict
its services to those of the same religious faith;
C) Intentionally or recklessly not providing
adequate protection in upholding the sanctity of handling and disposition of
human remains;
D) Intentionally or
recklessly misrepresenting any laws concerning burial or funeral regulations;
and
E) Defrauding or deceiving the
consumer by misrepresenting goods or services sold.
b) "Professional incompetence", as used in Section 25-10(a)(5) of the Act, is defined as follows:
1) In determining what constitutes
professional incompetence, the Division shall consider whether the questioned
activities:
A) Violate standards of the
profession or rules, regulations or laws governing the cemetery or
profession;
B) Caused actual harm
to any consumer or member of the public; or
C) Are reasonably likely to cause harm to any
consumer or member of the public in the future.
2) Professional incompetence includes, but is
not limited to:
A) Negligent failure to keep
accurate and complete records, including failure to include all prices of
goods/services in the contract or failure to give a receipt for full or partial
payment;
B) Negligently
misrepresenting rules, regulations or laws governing the cemetery or
profession; or
C) Negligently
misrepresenting goods or services sold.
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