House Amendment 5
H 4116 - Session 125 (2023-2024)
Funeral contracts

Rep. Anderson proposes the following amendment (LC-4116.WAB0012H):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 32-8-305(9) of the S.C. Code is amended to read:

(9) "Cremation" means the technical process using either alkaline hydrolysis or heat and flame that reduces human remains to components of either liquid and bone, or bone fragments, and which may include the pulverization of the bone fragments.

Amend the bill further, SECTION 6, by striking Section 32-8-385 and inserting:

Section 32-8-385. (A) A crematory is required to have in its employ at least one individual who has been trained in performing cremations by the licensed crematory authority who is his employer, and also by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation of the board. Upon meeting the above requirements of this section, this individual is considered to be sufficiently trained for the purposes of this chapter. All cremations must be performed by a trained individual who has registered with the board.

(B) To be registered with the board, the individual must:

(1) complete an application in the format prescribed by the board;

(2) successfully complete a crematory operator training course approved by the board of not less than eight hours instructional time;

(3) have submitted an affidavit of good character from at least one crematory operator;

(4) have submitted a nationwide employment clearance indicating that he has not been convicted of, or pled guilty to, any felony crime in this State or any other jurisdiction in this country; and

(5) pay a fee as established in regulation not to exceed fifty dollars.

(C) Registrations under this section must be renewed every two years by submitting a renewal application and paying a renewal fee established in regulation not to exceed fifty dollars.

(D) Registered trained individuals are subject to applicable provisions of Sections 40-1-110, Chapter 19 of Title 40, and board regulations.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 40-19-20(3) of the S.C. Code is amended to read:

(3) "ApprenticeIntern" means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120.

SECTION X. Section 40-19-110(5) of the S.C. Code is amended to read:

(5) employing directly or indirectly an apprentice intern, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 40-19-230(A) and (B) of the S.C. Code is amended to read:

Section 40-19-230. (A) A person may be issued a license as an embalmer if the person:

(1) is at least eighteen years of age;

(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;

(3) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board;

(4) has completed successfully a regular course in an embalming college accredited by the American Board of Funeral Service Education and approved by the board;

(5) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice intern under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State;

(6) has passed an examination prescribed by the board.

(B) A person may be issued a license as a funeral director if the person:

(1) is at least eighteen years of age;

(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;

(3) has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college;

(4) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprenticeintern funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State;

(5) has passed an examination prescribed by the board.

SECTION X. Section 40-19-240 of the S.C. Code is amended to read:

Section 40-19-240. (A) A person desiring to become an apprenticeintern funeral director or embalmer shall apply to the board on forms provided by the board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee established by the board in regulation. If the board is satisfied as to the qualifications of an applicant, the board shall issue a certificate of apprenticeship internship. If an apprenticeintern wishes to engage in an apprenticeshipinternship with a person licensed as a funeral director or embalmer, a request must be submitted to the board. If permission is granted and the apprenticeintern leaves the apprenticeship internship of the licensee in whose service the apprenticeintern has been engaged, the licensee shall give the apprenticeintern an affidavit showing the length of time served. The affidavit must be filed with the board. If the apprenticeintern subsequently desires to continue the apprenticeshipinternship, the apprenticeintern must apply to the board as provided for in this subsection.

(B) A certificate of apprenticeshipinternship must be signed by the apprenticeintern, the licensee, and the manager of the establishment in which the apprenticeshipinternship is to be served and is renewable twenty-four months after registration for twelve months, by payment of a renewal fee established by the board in regulation. A certificate may not be renewed more than three times. The registration of an apprenticeintern who is actually engaged in the military service may be held in abeyance for the duration of service, and the apprenticeintern may be relieved of the payment of renewal fees and penalties.

(C) An apprenticeintern quarterly shall report to the board on forms provided by the board indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprenticeintern has served.

(D) Before an apprenticeintern is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be submitted to the board showing that the apprenticeintern has completed successfully the educational requirements set forth in Section 40-19-230. Affidavits also must be submitted from the licensees under whom the apprenticeintern worked showing that as an apprenticeintern embalmer the apprenticeintern has assisted in the embalming of at least fifty bodies or that as an apprenticeintern funeral director the apprenticeintern has assisted in conducting at least fifty funerals, during apprenticeship the internship. Eligibility for licensure is determined by the board based upon the reports filed with the board pursuant to subsection (C).

(E) Only two apprenticesinterns at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprenticeintern must be actively connected with a funeral establishment.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 40-19-265 of the S.C. Code is amended to read:

Section 40-19-265. (A) A permit for a funeral home may be issued if the applicant:

(1) submits an application on a form approved by the board;

(2) submits to and successfully passes an inspection approved by the board;

(3) submits the applicable nonrefundable fee;

(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twentythirty-five miles of the establishment and within the boundaries of this State;

(5) possesses the necessary equipment or merchandise, or both, required by regulation;

(6) is in full compliance with Section 40-19-290.

(B) A permit for a branch funeral home may be issued if the applicant:

(1) submits an application on a form approved by the board;

(2) submits to and successfully passes an inspection approved by the board;

(3) submits the applicable nonrefundable fee;

(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twentythirty-five miles of the establishment and within the boundaries of this State;

(5) possesses the necessary equipment or merchandise, or both, required by regulation;

(6) is in full compliance with Section 40-19-290;

(7) provides the name of the parent funeral home.

(C) A permit for a retail sales outlet may be issued if the applicant:

(1) submits an application on a form approved by the board;

(2) submits to and successfully passes an inspection approved by the board;

(3) submits the applicable nonrefundable fee;

(4) is in full compliance with Section 40-19-290.

(D) A permit for a crematory may be issued if the applicant:

(1) submits an application on a form approved by the board;

(2) submits to and successfully passes an inspection approved by the board;

(3) submits the applicable nonrefundable fee;

(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twentythirty-five miles of the establishment and within the boundaries of this State;

(5) possesses the necessary equipment or merchandise, or both, required by regulation;

(6) is in full compliance with Section 40-19-290;

(7) provides evidence of employment of a factory trained operator.

(E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business.

SECTION X. Section 40-19-270(B) of the S.C. Code is amended to read:

(B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, retail sales outlet, or crematory to inspect the premises or observe the training provided to apprenticesinterns. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.