South Carolina General Assembly
105th Session, 1983-1984

Bill 3492

                    Current Status

Bill Number:               3492
Ratification Number:       543
Act Number:                459
Introducing Body:          House
Subject:                   Relating to definitions in regard to
                           embalmers and funeral directors
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A459, R543, H3492)

AN ACT TO AMEND SECTION 40-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REQUIRE A FUNERAL HOME, FUNERAL ESTABLISHMENT, OR MORTUARY TO INCLUDE CERTAIN FACILITIES; TO AMEND SECTION 40-19-50, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE THE BOARD TO HOLD AT LEAST ONE MEETING EVERY TWELVE MONTHS INSTEAD OF EVERY SIX MONTHS TO EXAMINE APPLICATIONS FOR LICENSES; TO AMEND SECTION 40-19-80, AS AMENDED, RELATING TO THIS BOARD, SO AS TO DELETE THE AUTHORITY OF THE BOARD TO EMPLOY INDEPENDENT COUNSEL WITH THE APPROVAL OF THE ATTORNEY GENERAL; TO AMEND SECTION 40-19-100, AS AMENDED, RELATING TO THE REQUIREMENTS AND CRITERIA FOR BEING LICENSED AS AN EMBALMER OR FUNERAL DIRECTOR, SO AS TO REQUIRE THE BOARD EXAMINE APPLICANTS FOR FUNERAL DIRECTOR'S LICENSE BY A STANDARDIZED WRITTEN TEST AND TO ESTABLISH THE PASSING GRADE BY REGULATION AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICES FOR SIX YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Item (3) of Section 40-19-10 of the 1976 Code, as last amended by Act 146 of 1983, is further amended to read:

"(3) 'Funeral home', 'funeral establishment', or 'mortuary' means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities:

(a) A chapel or parlor in which funeral services may be conducted.

(b) A preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies.

(c) A room containing a displayed stock of at least six adult caskets and other necessary funeral supplies.

(d) At least one motor hearse for transporting casketed human remains."

Meetings of board

SECTION 2. Section 40-19-50 of the 1976 Code, as last amended by Act 146 of 1983, is further amended to read:

"Section 40-19-50. The Board shall hold not less than one meeting every twelve months for the purpose of examining applications for licenses. Meetings must be held at a time and place as the Board may determine after notice has been given to the public at least thirty days prior to a meeting in a manner to be determined by the Board. The Board may hold other meetings for other purposes as it may consider necessary. A majority of the members of the Board constitutes a quorum."

Board may employ assistance and employees

SECTION 3. Section 40-19-80 of the 1976 Code, as last amended by Act 146 of 1983, is further amended to read:

"Section 40-19-80. The Board may employ clerical assistants and employees as may be necessary to carry out the provisions of this chapter. The terms and conditions of this employment must be determined by the Board and applicable state law.

The Board, when legal services are necessary, must be represented by the Office of the Attorney General."

Examination of applicants

SECTION 4. Subsection (2) of Section 40-19-100 of the 1976 Code, as last amended by Act 146 of 1983, is further amended to read:

"(2) Each applicant for a license must be examined on subjects as are prescribed by the Board. The examination shall be by a standardized written test and the passing grade shall be established by regulation of the Board.

All applications for examination must be upon forms furnished by the Board and must be accompanied by a fee determined by the Board. The applications must be filed at least thirty days prior to the date of the examination."

Board of Funeral Services reauthorized

SECTION 5. In accordance with the provisions of Section 7 of Act 608 of l978, the existence of the South Carolina State Board of FuneralServices is reauthorized for six years.

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.