South Carolina General Assembly
113th Session, 1999-2000

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Bill 4782


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4782
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000315
Primary Sponsor:                  Canty
All Sponsors:                     Canty, Howard and J.H. Neal
Drafted Document Number:          l:\council\bills\nbd\11858ac00.doc
Residing Body:                    House
Current Committee:                Medical, Military, Public and Municipal 
                                  Affairs Committee 27 H3M
Date of Last Amendment:           20000426
Subject:                          Funeral directors, embalmers; retail 
                                  sales outlet, crematories; license, permit, 
                                  fee requirements; Cemeteries


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000524  Recommitted to Committee               27 H3M
House   20000518  Objection by Representative                    Young-
                                                                 Brickell
                                                                 Hayes
                                                                 Barfield
                                                                 Cotty
                                                                 Hinson
                                                                 Kelley
House   20000518  Request for debate withdrawn
                  by Representative                              Trotter
                                                                 Cooper
House   20000504  Request for debate withdrawn
                  by Representative                              Fleming
                                                                 Littlejohn
House   20000426  Request for debate by Representative           Fleming
                                                                 Trotter
                                                                 Robinson
                                                                 Littlejohn
                                                                 Cooper
                                                                 Bales
                                                                 Sandifer
House   20000426  Amended
House   20000419  Committee report: Favorable with       27 H3M
                  amendment
House   20000315  Introduced, read first time,           27 H3M
                  referred to Committee


              Versions of This Bill
Revised on April 19, 2000 - Word format
Revised on April 26, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

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AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Name Council\nbd\amend\11983AC00.doc)

April 26, 2000

H. 4782

Introduced by Reps. Canty, Howard and J.H. Neal

S. Printed 4/19/00--H.

Read the first time March 15, 2000.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 4782), to amend Section 40-19-20, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in connection with the licensure and regulation of embalmers and funeral directors, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 40-19-20(19) page 4, line 33 after /remains/ by inserting /and may not offer or execute preneed funeral contracts, as defined in Section 32-7-10/

Renumber sections to conform.

Amend totals and title to conform.

JOE E. BROWN, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Labor, Licensing and Regulations has determined that there would be no impact to the general fund nor federal and/or other funds. The bill is only making minor corrections and clarifying definitions and licensing requirements.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 40-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE "RETAIL SALES OUTLET" AND "OWNER"; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO INCLUDE AN UNLICENSED PERSON ENGAGING IN THE PRACTICE OF FUNERAL SERVICE AS A GROUND FOR DISCIPLINE; TO AMEND SECTION 40-19-230, RELATING TO REQUIREMENTS FOR LICENSURE AS AN EMBALMER AND A FUNERAL DIRECTOR, SO AS TO CHANGE THE EXAMINATION REQUIRED FOR AN EMBALMER, TO DELETE THE PROVISIONS RELATING TO OBTAINING LICENSURE IF LICENSED IN ANOTHER STATE, AND TO CHANGE LICENSE RENEWAL FROM ANNUAL TO BIENNIAL RENEWAL; TO ADD SECTION 40-19-235 SO AS TO PROVIDE LICENSURE PROCEDURES FOR OUT-OF-STATE LICENSEES; TO AMEND SECTION 40-19-250, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS TO CONFORM TO BIENNIAL LICENSURE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH REQUIREMENTS FOR OBTAINING FUNERAL HOME, BRANCH FUNERAL HOME, RETAIL SALES OUTLET, AND CREMATORY PERMITS; TO AMEND SECTION 40-19-270, RELATING TO ADDITIONAL PERMIT REQUIREMENTS, SO AS TO IMPOSE THESE REQUIREMENTS ON RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO ACTIVITIES FUNERAL DIRECTORS AND EMBALMERS ARE PROHIBITED FROM ENGAGING IN, SO AS TO APPLY CERTAIN PROHIBITIONS TO CREMATORIES AND RETAIL SALES OUTLETS; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION, SERVICES, AND FEES OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO CREMATORIES AND RETAIL SALES OUTLETS.

Amend Title To Conform

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

SECTION 1. Section 40-19-20 of the 1976 Code, as last amended by Act 380 of 1998, is further amended to read:

"Section 40-19-20. As used in this chapter:

(1) 'Advertisement' means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over radio or television. The term does not include funeral or death notices and obituaries.

(2) 'Apprentice' 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.

(3) 'Board' means the South Carolina State Board of Funeral Service.

(4) 'Branch funeral home' means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities, a chapel, a lay-out room, or a sales room, or both any combination of these.

(5) 'Chapel' means a separate facility from the parent funeral home that has only layout or chapel facilities, or both, but does not have embalming facilities or a sales room.

(6)(5) 'Cremation' or 'calcination' means the reduction of the dead body by intense heat to residue.

(7)(6) 'Crematory' means an establishment in which the dead body is reduced to residue by intense heat.

(8)(7) 'Disposition' means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation., or removal from the State pursuant to a death certificate.

(9)(8) 'Embalmer' means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body.

(10)(9) 'Embalming' means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.

(11)(10) 'Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.

(12)(11) '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.

(13)(12) 'Funeral merchandise' means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, the receptacle into which the body is directly placed. The term does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.

(14)(13) 'Funeral service' or 'funeral' means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.

(15)(14) 'Graveside service' means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.

(16)(15) 'Inspector' means an inspector employed by the board.

(17)(16) 'Manager' means a licensed funeral director who has been a resident of licensed in this State for at least one year, who is a fulltime regular employee, and who is responsible for and has the binding authority from the owner for the day-to-day management of funeral establishments, crematories, or retail sales outlets including compliance with all applicable laws governed by this chapter and Chapters 7 and 8 of Title 32.

(18)(17) 'Memorial service' means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.

(19)(18) 'Practice of funeral service' means:

(a) engaging in providing shelter, care, and custody of the human dead;

(b) the practice of preparing the human dead by embalming or other methods for burial or other disposition;

(c) arranging for the transportation of the human dead;

(d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use;

(e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.

(19) 'Retail sales outlet' means an establishment wherein funeral merchandise only is sold or provided, or both, to the general public. A retail sales outlet may not contain lay-out or chapel facilities and is restricted solely to the sale of funeral merchandise and may not handle or arrange for the handling or disposition, or both, of dead human remains and may not offer or execute preneed funeral contracts, as defined in Section 32-7-10.

(20) 'Owner' means a sole proprietor, partnership, limited partnership, corporation, limited liability corporation or any other business entity possessing authority and control over a funeral establishment."

SECTION 2. Section 40-19-110(15) of the 1976 Code, as last amended by Act 380 of 1998, is further amended to read:

"(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need engage in the practice of funeral service."

SECTION 3. Section 40-19-230 of the 1976 Code, as added by Act 380 of 1998, 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 National Conference of State Examining Boards American Board of Funeral Service Education and approved by the board;

(5) 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;

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

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

(C) An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation.

An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination.

(D) A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter and has been licensed for a minimum of five years, upon establishing residence in this State, may apply for a license to practice in this State by filing with the board a certified statement from the examining board of the state or territory in which the applicant holds the license, showing the basis upon which the license was granted and a recommendation for licensure. If the board finds that the applicant has fulfilled substantially similar requirements, the board shall grant a license upon receipt of a fee established by the board in regulation and upon satisfying the board that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.

(E)(D) No license may be issued or renewed for a period exceeding one two year years, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board.

(F)(E) A person holding a license under this chapter may have the license renewed for a one-year two-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient."

SECTION 4. The 1976 Code is amended by adding:

"Section 40-19-235. A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter may apply for a license to practice in this State by submitting the appropriate nonrefundable fee, an application on a board-approved form, along with a board-certified statement from the state or territory in which he holds the license and has successfully taken and passed the state law exam. The board may approve an applicant who presents evidence of licensure in another jurisdiction, even though that jurisdiction does not require substantially similar requirements, upon showing that the applicant has engaged in the licensed practice of funeral service for at least one year and the applicant has achieved a passing score on an examination approved by the board."

SECTION 5. Section 40-19-250 of the 1976 Code, as added by Act 380 of 1998, is amended to read:

"Section 40-19-250. The board shall develop in regulation a continuing education program and each licensee must attend a minimum of three six credit hours annually biennially. A three-credit hour This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary if the person has been licensed for thirty or more years or is sixty years old or older."

SECTION 6. The 1976 Code is amended by adding:

"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;

(5) possesses the necessary equipment 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;

(5) possesses the necessary equipment 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) designates a manager who meets the requirements of Section 40-19-20 (16) and is current and in good standing with the board;

(5) possesses the necessary equipment required by regulation;

(6) 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;

(5) possesses the necessary equipment 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 shall 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 7. Section 40-19-270 of the 1976 Code, as added by Act 380 of 1998, is amended to read:

"Section 40-19-270. (A) No person shall conduct, maintain, manage, or operate a funeral establishment, or crematory, or retail sales outlet unless a permit for each establishment or, crematory, or retail sales outlet has been issued by the board and is displayed conspicuously in the funeral establishment, or crematory, or retail sales outlet. Funeral services held in a private residence, church, or lodge hall require no permit.

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

(C) No permit to operate a funeral establishment or, crematory, or retail sales outlet may be issued unless the funeral establishment, or crematory, or retail sales outlet has a person licensed as a funeral director who resides a reasonable distance from the establishment or, crematory, or retail sales outlet and is accessible at all times. The establishment or, crematory, or retail sales outlet is open for any type of funeral business or activity. The board must be notified within thirty days upon the death, resignation, or incapacity of the manager of a funeral establishment, or crematory, or retail sales outlet, as stipulated in Regulation 57-10(C) the board and may issue a temporary permit to another person manager upon terms and conditions the board considers to be in the best interest of the community in which the establishment or, crematory, or retail sales outlet is located.

(D) An application for a funeral establishment, permit or crematory, or retail sales outlet permit must be made on forms furnished by the board and must be filed with the board before July second of each year accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each year.

(E) When more than one person proposes to engage in the operation of a funeral establishment, or crematory, or retail sales outlet as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the board as the manager of the funeral establishment, or crematory, or retail sales outlet. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter."

SECTION 8. Section 40-19-280(E) of the 1976 Code, as added by Act 380 of 1998, is amended to read:

"(E) It is unlawful for a person, partnership, corporation, or association who has not been licensed or registered as provided for in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment, crematory, or retail sales outlet within this State."

SECTION 9. Section 40-19-290 of the 1976 Code, as added by Act 380 of 1998, is amended to read:

"Section 40-19-290. (A) The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.

(B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.

(C) A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure in each casket stating the price of the casket.

(D) The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:

(1) the price of the service that the persons have selected and what is included in the service;

(2) the price of each of the supplemental items of service and merchandise requested;

(3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family;

(4) the method of payment."

SECTION 10. This act takes effect upon approval by the Governor.

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