Bill 1238

                    Current Status

Bill Number:               1238
Ratification Number:       732
Act Number                 592
Introducing Body:          Senate
Subject:                   Board of Funeral Service
                           reauthorized

(A592, R732, S1238)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-90, 40-19-100, AND 40-19-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REQUIRE A CONTINUING EDUCATION PROGRAM, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND THAT MAGISTRATES HAVE JURISDICTION IN ACTIONS TO REVISE PENALTIES, TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.

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

Board of Funeral Service reauthorized

SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina State Board of Funeral Service is reauthorized for six years.

Continuing education required

SECTION 2. Section 40-19-90 of the 1976 Code is amended by adding at the end:

"The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. This continuing education program shall be offered, at a minimum, four times a year at locations easily accessible to participants and shall be available through correspondence courses. The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. This continuing education program shall be offered, at a minimum, four times a year at locations easily accessible to participants and shall be available through correspondence courses."

Requirements for licensure

SECTION 3. Section 40-19-100(1) of the 1976 Code is amended to read:

"(1) (A) No person may be issued a license as an embalmer unless he:

( i) is at least eighteen years of age;

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

( iii) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board in its discretion;

( iv) has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the board;

( v) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.

(B) No person may be issued a license as a funeral director unless he:

( i) is at least eighteen years of age;

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

( iii) has a high school education or the equivalent of a high school education, together with 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;

( iv) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination."

Penalties, magistrate's jurisdiction

SECTION 4. Section 40-19-170 of the 1976 Code is amended by adding at the end:

"A licensee or funeral home found to be in violation of a provision of this chapter or failing, omitting, or neglecting to obey, observe, or comply with a lawful order of the board is subject to a penalty of not less than twenty-five nor more than five hundred dollars for each offense. Jurisdiction of actions to recover penalties must be brought in the name of the State in magistrate's court."

Exemptions

SECTION 5. Funeral homes, funeral establishments, or mortuaries licensed before January 1, 1984, may apply to the board for an exemption of requirements found in Section 40-19-10(3) of the 1976 Code.

Repeal

SECTION 6. Section 40-19-230 of the 1976 Code is repealed.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 25th day of June, 1990.