2011 CASE REPORT - Illinois General Assembly

their mailings information furnished by the Citizens Utility Board. Central Illinois Light
Co. v. Citizens Utility Bd., 827 F.2d 1169 (7 th Cir. 1987).
PROFESSIONS AND OCCUPATIONS
225 ILCS 41/. Funeral Directors and Embalmers Licensing Code. Provision
of the Funeral Directors and Embalmers Licensing Act of 1935 (Ill. Rev. Stat. 1955, ch.
111 ½, par. 73.4) requiring a funeral director to be a holder of a certificate of registration
as a registered embalmer violated the due process clause of the Illinois Constitution
because the interest of the public did not justify the partial merger of their activities by
requiring that a funeral director have the knowledge, skill, and training of an embalmer
before he or she can direct a funeral. The provision was deleted by Laws 1959, p.1518.
The 1935 Act was repealed by P.A. 87-966, which created the Funeral Directors and
Embalmers Licensing Code. Article 10 of the new Code (225 ILCS 41/Art. 10) creates a
combined funeral director and embalmer license. Gholson v. Engle, 9 Ill.2d 454 (1956).
225 ILCS 60/7, 60/22, 60/23, 60/24, 60/24.1, and 60/36 (P.A. 94-677). Medical
Practice Act of 1987. Provisions amended by P.A. 94-677, effective August 25, 2005,
were unconstitutional because P.A. 94-677 violates the single subject rule of Section 8 of
Article IV of the Illinois Constitution and is void in its entirety. P.A. 97-622, effective
November 23, 2011, re-enacted the changes made by 94-677.
225 ILCS 60/26 (West Supp. 1999). Medical Practice Act of 1987. Provisions
that ban a licensee’s use of testimonials to entice the public violated the First and
Fourteenth Amendments to the U.S. Constitution by disproportionately prohibiting all
truthful speech for the State’s goal of regulating the medical profession. Snell v.
Department of Professional Regulation, 318 Ill.App.3d 972 (4 th Dist. 2001). Public Act 97-
622, effective November 23, 2011, removed the provisions that banned the use of
testimonials for those purposes.
225 ILCS 100/21. Illinois Podiatric Medical Practice Act of 1987. Provision
that limited advertising by a podiatric physician to certifications approved by the Council
on Podiatric Medical Education violated the First Amendment of the U.S. Constitution as
applied to a podiatric physician who advertised that he had been certified by a board
other than the Council on Podiatric Medical Education if the physician’s statements were
not actually or potentially misleading and served the public interest and the certification
originated from a bona fide certifying board. P.A. 90-76 changed the provision to limit
advertising to certifications approved by the Podiatric Medical Licensing Board in
accordance with the rules for the administration of the Act. Tsatsos v. Zollar, 943
F.Supp. 945 (N.D.Ill. 1996).
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