SB239: SB239 Funeral Directors and Establishments; funeral directors be licensed embalmers; remove the requirement

26 LC 56 0628S The House Committee on Regulated Industries offers the following substitute to SB 239: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 18 of Title 43 of the Official Co de of Georgia Annotated,1 relating to funeral directors and establishments, embalmers, and crematories, so as to remove2 the requirement that funeral directors be licensed embalmers; to revise definitions; to revise3 provisions concerning the unlicensed practice of funeral directing and embalming; to revise4 the powers and duties of the State Board of Funeral Services; t o revise membership and5 terms of the board; to provide for term limits; to change certa in provisions concerning the6 education requirements for funeral directors and embalmers; to provide separate examination7 requirements for funeral directors and embalmers; to change cer tain provisions relating to8 the apprenticeship requirements of funeral directors and embalm ers; to revise provisions9 concerning the licensure of funeral directors and embalmers by reciprocity; to make the10 provisions concerning the reinstatement of licenses applicable to embalmers; to revise11 provisions concerning funeral establishments; to require that a funeral director in full and12 continuous charge of a funeral establishment be licensed as bot h a funeral director and an13 embalmer; to provide for responsibility of all funeral services offered at a funeral14 establishment, organic human reduction facility, or crematory; to change certain provisions15 concerning the disposition of cremated remains; to provide for conforming cross-references16 and terminology; to provide for related matters; to repeal conf licting laws; and for other17 purposes.18 S. B. 239 (SUB) - 1 - 26 LC 56 0628S BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 SECTION 1.20 Article 1 of Chapter 18 of Title 43 of the Official Code of Geo rgia Annotated, relating to21 funeral directors and establishments, embalmers, and crematories, is amended by revising22 Code Section 43-18-1, relating to definitions, as follows:23 "43-18-1.24 As used in this article, the term:25 (1) 'Alternative container' means any receptacle or enclosure which is of sufficient26 strength to be used to hold and to transport a dead human body. Such term does not27 include a casket.28 (2) 'Apprentice' means a person who practices embalming, funer al directing, or both,29 under the direct supervision of a funeral director, embalmer, or both, in this state.30 (3) 'Board' means the State Board of Funeral Service.31 (4) 'Casket' means a container which is designed for the encas ement and viewing of a32 dead human body.33 (5) 'Cremation' means the reduction of the dead human body to residue by intense heat34 or any mechanical, chemical, thermal, or other professionally a ccepted process. Such35 term also includes any other mechanical, chemical, thermal, or other professionally36 accepted process whereby dead human bodies are pulverized, burn ed, recremated, or37 otherwise further reduced in size or quantity. Such term does not include organic human38 reduction.39 (5.1) 'Cremation device' means a retort, vat, or container in which dead human bodies40 are cremated by traditional flame, alkaline hydrolysis, or othe r means approved by the41 board.42 S. B. 239 (SUB) - 2 - 26 LC 56 0628S (6) 'Crematory' means any place where cremation is performed, other than a hospital,43 clinic, laboratory, or other facility authorized by the Department of Community Health44 for such purposes.45 (7) 'Direct supervision' means that the embalmer, funeral director, or both, are present46 overseeing the activities of the apprentice.47 (8) 'Embalmer' means a person who practices embalming or uses in connection with such48 person's name the words 'embalmer,' 'licensed embalmer,' 'undertaker,' or 'mortician' or49 offers or holds himself or herself out as offering such services service.50 (9) 'Final disposition' means the final disposal of a dead human body whether it is by, but51 not limited to, earth interment, above-ground interment, cremat ion, burial at sea, or52 delivery to a medical institution for lawful dissection if such medical institution assumes53 responsibility for disposal.54 (10) 'Funeral' or 'funeral services' means the observances, services, or ceremonies held55 for dead human bodies and includes any service relating to the transportation, embalming,56 cremation, organic human reduction, and interment of a dead human body.57 (11) 'Funeral director' means a person who practices funeral d irecting or uses in58 connection with such person's name or with a picture of such person the words 'funeral59 director,' 'licensed funeral director,' 'undertaker,' or 'mortician' or offers or holds himself60 or herself out as offering such services service.61 (12) 'Funeral director in full and continuous charge' means a funeral director who is62 approved by the board to assume full responsibility for the ope rations of a particular63 funeral establishment, organic human reduction facility, or cre matory and who shall64 ensure that such establishment complies with this article and with all rules promulgated65 pursuant to this article.66 (13) 'Funeral establishment' means a place where embalming or funeral directing is67 practiced and which is open to the public and transacting busin ess relating to funeral68 services.69 S. B. 239 (SUB) - 3 - 26 LC 56 0628S (14) 'Funeral merchandise' means the any goods that may only be are sold or offered for70 sale by a funeral director working in a funeral establishment, organic human reduction71 facility, or crematory and includes, but is not limited to, a casket or alternative container,72 but does not include an outer burial container or cemetery marker for use in connection73 with the memorialization, interment, entombment, or inurnment of dead human bodies.74 (15) 'Funeral service contract' means a written or oral agreement between a funeral75 director or funeral establishment, organic human reduction facility, or crematory and a76 legally authorized person for the embalming, funeral, or final disposition of a dead human77 body.78 (16) 'Legally authorized person' means the deceased's survivin g spouse, a son or79 daughter who is 18 years of age or older; the deceased's parent , a brother or sister who80 is 18 years of age or older; any other person who is 18 years of age or older and who is81 in the next degree of kinship to the deceased; the deceased's g uardian or personal82 representative; or a public health officer.83 (16.1) 'Organic human reduction' means the contained, accelerated conversion of dead84 human bodies to soil.85 (16.2) 'Organic human reduction container' means a container in which organic human86 reduction occurs.87 (16.3) 'Organic human reduction facility' means a location whe re organic human88 reduction is performed.89 (16.4) 'Organically reduced remains' means the resulting residue of a dead human body90 that has undergone organic human reduction.91 (17) 'Outer burial container' means an enclosure into which a casket is placed, including,92 but not limited to, a vault made of concrete, steel, fiberglass , or copper, a sectional93 concrete enclosure, a crypt; or a wooden enclosure.94 S. B. 239 (SUB) - 4 - 26 LC 56 0628S (18) 'Practice of embalming' or 'embalming' means disinfecting or preserving or95 attempting to disinfect or preserve dead human bodies by replacing certain body fluids96 with the internal or external application of preserving and disinfecting chemicals.97 (19) 'Practice of funeral directing' or 'funeral directing' me ans making or directing, at98 need or preneed, arrangements for the preparation and transport ation of dead human99 bodies for final disposition and the supervision and direction of all funeral services.100 (20) 'Retort' means a furnace where dead human bodies are cremated.101 (21) 'Soliciting' means the making of any uninvited contact wi th another person by a102 funeral director or by a funeral director's agent, assistant, employer, or employee for the103 purpose of the sale of funeral services or merchandise. Such term shall not include any104 advertising which is directed to the public in general."105 SECTION 2.106 Said article is further amended by revising Code Section 43-18-3, relating to practice without107 complying with article, as follows:108 "43-18-3.109 (a) It shall be unlawful for any person to engage in the pract ice of embalming or to110 represent to the public that such person is an embalmer, mortician, or undertaker without111 first complying with this article.112 (b) It shall be unlawful for any person to engage in the business or profession of funeral113 directing or to represent to the public that such person is a funeral director, undertaker, or114 mortician without first complying with this article.115 (c) Any person who actively engages or participates in any way in the business or116 profession of funeral directing, including, but not limited to, consulting with consumers117 about potential funeral services, shall be considered to be practicing as a funeral director118 and must be a licensed funeral director under the terms of this article.119 S. B. 239 (SUB) - 5 - 26 LC 56 0628S (d) It shall be unlawful for any person to use in connection w ith such person's name or120 with a picture of such person:121 (1) The words 'funeral director' or 'licensed funeral director ' without being a licensed122 funeral director under the terms of this article;123 (2) The words 'embalmer' or 'licensed embalmer' without being licensed as an embalmer124 under the terms of this article; or125 (3) The words 'undertaker' or 'mortician' without being licens e d a s e i t h e r a f u n e r a l126 director or an embalmer under the terms of this article.127 (e)(1) The board may issue subpoenas to compel the attendance of witnesses and the128 production of records or other documents in connection with an investigation of a129 potential violation of this Code section.130 (2) If any person fails or refuses to comply with a subpoena i ssued pursuant to131 paragraph (1) of this subsection, a superior court of appropria te jurisdiction, upon132 application of the board, may issue to the person an order requiring such person to appear133 before the court to show cause why such person should not be held in contempt for the134 failure or refusal to comply with the subpoena.135 (f) Any person who violates the provisions of this Code section shall be subject to the civil136 penalties provided in Code Section 43-1-20.1."137 SECTION 3.138 Said article is further amended by revising Code Section 43-18- 4, relating to unlicensed139 practice as constituting public nuisance and injunctions, as follows:140 "43-18-4.141 (a) The practice of embalming or funeral directing, as defined in this article, is declared142 to be a business or profession affecting the public interest an d involving the health and143 safety of the public. Such practice by a person who is not licensed to practice in this state144 is declared to be a public nuisance; and any citizen of this st ate, the board, or the145 S. B. 239 (SUB) - 6 - 26 LC 56 0628S appropriate prosecuting attorney where such practice is carried on by such unlicensed146 person may, on behalf of the public, bring an action in the sup erior court of the county147 where such nuisance exists or is carried on to restrain and abate the same. On satisfactory148 proof to the judge of the superior court that such illegal prac tice or business of funeral149 directing or embalming is being carried on, the judge shall issue a temporary an injunction150 against the party or parties operating such practice or business until they have qualified and151 been licensed under the terms of this article.152 (b) In any action brought pursuant to subsection (a) of this C ode section or pursuant to153 Code Section 43-1-20 where the plaintiff prevails in obtaining an injunction against the154 unlicensed practice of funeral director or embalming, the plain tiff shall be entitled to155 recover the costs incurred in bringing such action, including reasonable attorney's fees."156 SECTION 4.157 Said article is further amended by revising Code Section 43-18-21, relating to composition158 of board, qualification of members, vacancies, and removal of members, as follows:159 "43-18-21.160 (a) The board shall consist of six seven members as follows:161 (1) Three members who shall be licensed and practicing funeral directors and embalmers162 with who have practiced in this state as such for a minimum of five years as such in this163 state immediately preceding their appointment;164 (2) Three members who shall be licensed embalmers who have practiced in this state as165 such for a minimum of five years immediately preceding their appointment; and166 (3) One one member who shall have no connection whatsoever with the funeral service167 industry but who shall have a recognized interest in consumer a ffairs and in consumer168 protection concerns.169 (b) The members of the board shall be appointed by the Governor for terms of office of170 six years and all four years and not to exceed two terms. All vacancies occurring on the171 S. B. 239 (SUB) - 7 - 26 LC 56 0628S board shall be filled by the Governor. When an appointment is made to fill a vacancy172 caused by death or resignation of a member, such appointment shall be for the remainder173 of the unexpired term of the member whose death or resignation caused the vacancy so174 filled.175 (c) An individual who is licensed as both a funeral director a nd an embalmer may be176 appointed by the Governor as one of the three members of the bo ard provided for in177 paragraph (1) of subsection (a) of this Code section or as one of the three members of the178 board provided for in paragraph (2) of subsection (a) of this Code section.179 (c)(d) A majority of the members of the board may remove any member who misses three180 or more consecutive regular meetings of the board without a med ical reason and may181 declare that position on the board to be vacant. A member so removed shall not be eligible182 for reappointment until the expiration of the term of office fo r which such person was183 serving. The Governor shall have the power to remove from offic e any member of the184 board for willful neglect of duty or for conviction of a crime involving moral turpitude.185 (d)(e) Those persons serving as members of the board immediately prior to April 11, 1990186 July 1, 2026, shall continue to serve out the respective terms of office for which they were187 appointed and until their respective successors are appointed and qualified."188 SECTION 5.189 Said article is further amended by revising Code Section 43-18- 23, relating to powers and190 duties, rules and regulations, and seal, as follows:191 "43-18-23.192 For the purpose of better protection of life and health, preventing the spread of contagious,193 communicable, and infectious diseases, and regulating the pract ice of embalming and194 funeral directing and the care and disposition of dead human bo dies, the board is195 authorized:196 S. B. 239 (SUB) - 8 - 26 LC 56 0628S (1) To prescribe a standard of proficiency as to the qualifica tions and fitness of those197 engaged in and who may engage in the practice of embalming or f uneral directing and198 the care and disposition of dead human bodies;199 (2) To revoke the license of any embalmer or funeral director for incompetency,200 conviction of a crime involving moral turpitude, violation of t his article, failure to201 observe the standards of proficiency or rules and regulations promulgated by the board,202 or any other cause as provided in this article;203 (3) To fix and prescribe rules and regulations governing the b usiness or profession of204 funeral directing and the business or profession of embalming;205 (4) To fix and prescribe standards of sanitation to be observed in the embalming of dead206 human bodies or cremation of dead human bodies;207 (5) To regulate and control the business or profession of funeral directing or embalming;208 (6) To fix and prescribe minimum standards of general appearan ce of funeral209 establishments or crematories;210 (7) To adopt a common seal; and211 (8) To make and promulgate rules and regulations not inconsistent with the laws of this212 state for the regulation of such board and for the practice of embalming and funeral213 directing within this state. All rules and regulations of the b oard existing immediately214 prior to April 11, 1990, which are not inconsistent with this article shall continue in effect215 until repealed, amended, or otherwise changed by the board; and216 (9) To issue subpoenas for the attendance of witnesses before the board, administer217 oaths, and compel production of records or other documents and testimony of witnesses218 whenever, in the judgment of the board, it is necessary to do so for the effectual discharge219 of the duties of the board under this article."220 S. B. 239 (SUB) - 9 - 26 LC 56 0628S SECTION 6.221 Said article is further amended by revising Code Section 43-18-40, relating to application for222 license and examination, as follows:223 "43-18-40.224 Any person desiring to engage either in the practice of embalming or in the business or225 practice of funeral directing, or both, and who has not been licensed to do so shall make226 written application to the board through the division director for such license or licenses.227 Such application shall be upon such form and shall be submitted in such manner as shall228 be prescribed by the board and the applicant shall pay such fee or fees as may be fixed by229 the board. Before being issued a license to practice funeral directing or embalming in this230 state, all applicants shall pass an examination approved by the board which tests their231 qualifications and skill in either funeral directing or embalming, or both, as the case may232 be; and such examination shall be made in the manner provided for in this article and by233 the board through rules and regulations."234 SECTION 7.235 Said article is further amended by revising Code Section 43-18-41, relating to qualifications236 of embalmer or funeral director applicants, as follows:237 "43-18-41.238 (a) Each applicant for a license as either an embalmer or a funeral director shall:239 (1) Be at least 18 years of age;240 (2) Be of good moral character; and241 (3) Have graduated from a high school or have earned a state a pproved high school242 equivalency (HSE) certificate.243 (b) In addition to the qualifica tions set out in subsection (a ) of this Code section, an244 applicant for an embalmer's license shall:245 S. B. 239 (SUB) - 10 - 26 LC 56 0628S (1) Have graduated from a program at an accredited college of funeral service or such246 other college as provided by board rule; and obtained an associate's degree or higher by247 successfully completing, at an institution of postsecondary edu cation, a program of248 funeral service education that consists of not less than 60 semester hours, or equivalent249 quarter credit hours, and that is accredited by a national or r egional accrediting250 organization recognized by the board, such as the American Boar d of Funeral Service251 Education;252 (2) Have attained a passing score, as determined by the board, on an examination253 approved by the board which tests the applicant's qualifications and skill in the practice254 of embalming, such as the science section of the national examination administered by255 the International Conference of Funeral Service Examining Boards;256 (2)(3) Have completed a minimum of 3,120 hours, pursuant to rules and regulations of257 the board, of service as an apprentice under the direct supervision of a licensed embalmer258 as provided in Code Sections 43-18-50 through 43-18-54; and259 (4) Furnish an affidavit stating that, as an apprentice as pro vided in Code260 Section 43-18-50, the applicant assisted in the embalming of at least 50 dead human261 bodies and specifying the names and dates of death relating to such dead human bodies.262 (c) In addition to the qualifications set out in subsection (a ) of this Code section, an263 applicant for a funeral director's license shall have, prior to the issuance of said license, a264 valid embalmer's license; shall furnish:265 (1) Have met the educational requirements specified in paragraph (1) of subsection (b)266 of this Code section;267 (2) Have attained a passing score, as determined by the board, on an examination268 approved by the board which tests the applicant's qualifications and skill in the practice269 of funeral directing, such as the arts section of the national examination administered by270 the International Conference of Funeral Service Examining Boards;271 S. B. 239 (SUB) - 11 - 26 LC 56 0628S (3) Have completed a minimum of 3,120 hours, pursuant to rules and regulations of the272 board, of service as an apprentice under the direct supervision of a licensed funeral273 director as provided in Code Sections 43-18-50 through 43-18-54;274 (4) Furnish an affidavit which lists the names of the 50 funerals at which the apprentice275 assisted as provided in Code Section 43-18-50 stating that, as an apprentice as provided276 in Code Section 43-18-50, the applicant assisted with at least 50 funerals and specifying277 the names and dates of death for the deceased at such funerals; and, effective278 (5) Effective January 1, 1991, must pass have passed an examination approved by the279 board which tests knowledge of the law of this state relating to funeral directors.280 (d)(1) An individual who has met the educational requirement specified in paragraph (1)281 of subsection (b) of this Code section shall be eligible to tak e the section of t h e282 examination required under paragraph (2) of such subsection for embalmer relating283 directly to scholastic training without waiting until such individual meets the additional284 requirements for licensure specified in paragraph (2) paragraphs (3) and (4) of said such285 subsection; provided, however, that such individual must submit a proper application and286 pay the required fees as determined by the board.287 (2) An individual who has met the educational requirement specified in paragraph (1) of288 subsection (c) of this Code section shall be eligible to take t he examination required289 under paragraph (2) of such subsection without waiting until such individual meets the290 additional requirements for licensure specified in paragraphs ( 3), (4), and (5) of such291 subsection.292 (3) Notwithstanding the passing of either or both of the exami nations required under293 paragraph (2) of subsection (b) or paragraph (2) of subsection (c) of this Code section,294 an A n applicant for licensure as an embalmer or funeral director who shall have295 successfully completed the section of the examination for embalmer relating directly to296 scholastic training shall have no status as an embalmer or funeral director until such297 S. B. 239 (SUB) - 12 - 26 LC 56 0628S applicant meets all other requirements for licensure as outline d in this article and has298 received a license as an embalmer or funeral director from the board.299 (e)(1) An applicant may satisfy the requirements specified in paragraph (3) of300 subsection (b) and paragraph (3) of subsection (c) of this Code section simultaneously301 by completing a minimum of 3,120 hours of service as an apprent ice under the direct302 supervision of a licensed funeral director and a licensed embal mer, or an individual303 licensed as both a funeral director and an embalmer, as provide d in Code304 Sections 43-18-50 through 43-18-54; provided, however, that suc h individual shall,305 during such service as an apprentice, assist in the embalming of at least 50 dead human306 bodies and assist with at least 50 funerals as required under p aragraph (4) of307 subsection (b) and paragraph (4) of subsection (c) of this Code section.308 (2) An applicant for an embalmer's license who is licensed as a funeral director in this309 state and who has not satisfied the requirements specified in paragraph (3) of subsection310 (b) of this Code section may satisfy the requirements of such paragraph by assisting, as311 an apprentice under the direct supervision of a licensed embalmer, in the embalming of312 at least 50 dead human bodies as provided in paragraph (1) of s ubsection (d) of Code313 Section 43-18-50; provided, however, that such applicant shall be required to satisfy all314 other requirements for an embalmer's license as set forth in this Code section.315 (3) An applicant for a funeral director's license who is licensed as an embalmer in this316 state and who has not satisfied the requirements specified in paragraph (3) of subsection317 (c) of this Code section may satisfy the requirements of such paragraph by assisting, as318 an apprentice under the direct supervision of a licensed funeral director, with at least 50319 funerals as provided in paragraph (2) of subsection (d) of Code Section 43-18-50;320 provided, however, that such applicant shall be required to satisfy all other requirements321 for a funeral director's license as set forth in this Code section."322 S. B. 239 (SUB) - 13 - 26 LC 56 0628S SECTION 8.323 Said article is further amended by revising Code Section 43-18-42, relating to reciprocity and324 examination upon meeting qualifications, as follows:325 "43-18-42.326 (a) The board may, in its discretion and in accordance with re gulations adopted by the327 board, grant to any person licensed in another state, territory, or country, or the District of328 Columbia full privileges to engage in equivalent practice authorized by this article without329 taking a national examination the examination required under paragraph (2) of330 subsection (b) or paragraph (2) of subsection (c) of Code Section 43-18-41 if:331 (1)(A) On or after January 1, 1991, such person successfully p asses an examination332 approved by the board which tests knowledge of the law of this state relating to funeral333 directors; and334 (B) Such person satisfied in another state, territory, or country, o r t h e District of335 Columbia the requirements for licensure which are:336 (i) In effect in Georgia on the date of application; or337 (ii) Substantially equal to the requirements for a similar license in Georgia; and338 (B) Such person, if seeking a funeral director's license, passes an examination approved339 by the board which tests knowledge of the law of this state relating to funeral directors;340 or341 (2) Such person seeking a license pursuant to this Code sectio n has, in another state,342 territory, or country or the District of Columbia, engaged in the active practice of funeral343 service funeral directing as a licensed funeral director and or the active practice of344 embalming as a licensed embalmer, as applicable, for three years immediately preceding345 his or her application for a such license in Georgia.346 (b) Nothing in this Code section shall be construed to prevent an applicant denied pursuant347 to this Code section from taking the examination for licensure pursuant to this article being348 S. B. 239 (SUB) - 14 - 26 LC 56 0628S issued a license as a funeral director or embalmer under this a rticle if that applicant349 otherwise meets the qualifications set out in Code Section 43-18-41."350 SECTION 9.351 Said article is further amended by revising Code Section 43-18-43.1, relating to application352 for reinstatement of licensure, as follows:353 "43-18-43.1.354 If a licensee who has passed the examination for licensure as a funeral director required355 under this part either or both of the examinations required under paragraph (2 ) of356 subsection (b) or paragraph (2) of subsection (c) of Code Secti on 43-18-41 and who has357 not been subject to disciplinary action by the board allows or has allowed his or her license358 to lapse for a period of not more than ten years, the board sha ll reinstate such funeral359 director's license upon such applicant for reinstatement:360 (1) Paying the total amount of all renewal fees for the period during which the license361 was lapsed, plus a reinstatement fee not to exceed the amount of the biennial renewal fee;362 and363 (2) Successfully completing continuing education hours as the board may require under364 Code Section 43-18-55 or 43-18-56, unless such continuing education hours would be365 waived under subsection (c) of Code Section 43-18-55 or subsection (c) of Code366 Section 43-18-56, if such applicant for reinstatement had not let the license lapse."367 SECTION 10.368 Said article is further amended by revising Code Section 43-18-50, relating to application for369 funeral service apprenticeship and period of apprenticeship, as follows:370 "43-18-50.371 (a) Every person desiring to serve as an apprentice shall make application as a funeral372 service apprentice to the board upon a form provided by the board. The applicant must be373 S. B. 239 (SUB) - 15 - 26 LC 56 0628S at least 18 years of age and have either graduated from high school or have a state approved374 high school equivalency (HSE) certificate. The apprenticeship shall be served at an375 approved establishment and under the direct supervision of a funeral director, embalmer,376 or both. The application must be verified by oath of applicant and be accompanied by a377 fee to be established by the board. The application shall be submitted to the board and may378 be accepted or rejected by a majority of the board.379 (b) An apprenticeship shall be approved for a specific establishment and under a specific380 supervising funeral director, embalmer, or both. Any change in establishment or381 supervising funeral director, embalmer, or both shall terminate that apprenticeship and shall382 require submission of a new application.383 (c) The Except as provided in subsection (d) of this Code section, the total period of384 apprenticeship shall be 3,120 hours and must be served in a minimum of 18 months, but385 the minimum period shall be in addition to the time required to graduate from a college of386 funeral service or other college pursuant to complete the education requirements provided387 for in paragraph (1) of subsection (b) or paragraph (1) of subsection ( c ) of Code388 Section 43-18-41. An apprentice shall be authorized to earn ap prenticeship hours in an389 amount to be determined by the board while attending a postgraduate school or a program390 at an accredited college of funeral service or other college approved by the board.391 (d)(1) An individual who is licensed as a funeral director in this state, who is seeking392 licensure as an embalmer, and who did not simultaneously satisf y the apprenticeship393 requirements of both licenses pursuant to paragraph (1) of subsection (e) of Code Section394 43-18-41 shall not be required, in connection with obtaining an embalmer's license, to395 complete a specified number of hours in service as an apprentice over a specified period396 of time; provided, however, that such individual shall still be required to apply for and397 obtain an apprentice registration under this article and, as an apprentice under the direct398 supervision of a licensed embalmer, assist in the embalming of at least 50 dead human399 bodies.400 S. B. 239 (SUB) - 16 - 26 LC 56 0628S (2) An individual who is licensed as an embalmer in this state, who is seeking licensure401 as a funeral director, and who did not simultaneously satisfy t he apprenticeship402 requirements of both licenses pursuant to paragraph (1) of subs ection (e) of Code403 Section 43-18-41 shall not be required, in connection with obtaining a funeral director's404 license, to complete a specified number of hours in service as an apprentice over a405 specified period of time; provided, however, that such individual shall still be required406 to apply for and obtain an apprentice registration under this article and, as an apprentice407 under the direct supervision of a licensed funeral director, assist with at least 50 funerals."408 SECTION 11.409 Said article is further amended by revising Code Section 43-18-52, relating to supervision410 and control of apprentices and reporting hours served, as follo ws:411 "43-18-52.412 (a) All apprentices shall be under the supervision and control of the board and shall submit413 reports to the board every six months, in a form and manner pro vided by the board,414 detailing the hours spent and activities performed in service a s an apprentice and, upon415 application for licensure, submit to the board proof of having served the required number416 of hours satisfied the applicable apprenticeship requirements provided for in this article on417 forms provided by the board. After completing the418 (b) An apprentice who is required to complete 3,120 hours for of apprenticeship within the419 specified period, they shall, upon completing such hours, send the last a final report to the420 board regardless of the date indicating that such hours have be en completed . T h e421 information contained in the final report shall be certified as correct by the funeral director422 in full and continuous charge and by the supervising funeral di rector, and embalmer, or423 both.424 (c) An apprentice who is not required to complete a specified number of hours of service425 as an apprentice over a specified period of time pursuant to su bsection (d) of Code426 S. B. 239 (SUB) - 17 - 26 LC 56 0628S Section 43-18-50 shall, upon assisting in the embalming of at least 50 dead human bodies427 or assisting with at least 50 funerals, whichever is applicable , send a final report to the428 board regardless of the date indicating that such assistance ha s b e e n g i v e n . T h e429 information contained in the final report shall be certified as correct by the funeral director430 in full and continuous charge and by the supervising funeral di rector or embalmer,431 whichever is applicable."432 SECTION 12.433 Said article is further amended by revising Code Section 43-18- 70, relating to practice at434 licensed funeral establishment or crematory, facilities, and li ving quarters, requirement to435 only practice at licensed funeral establishment, organic human reduction facility, or436 crematory and requirements of funeral establishments, by adding a new subsection to read437 as follows:438 "(e) Each funeral establishment shall maintain, and make availa ble to the board upon439 request:440 (1) A general price list for all funeral services offered and funeral merchandise sold at441 the funeral establishment; and442 (2) Invoices, contracts, or other records evidencing all agreements entered into by legally443 authorized persons and the funeral establishment, or a funeral director offering funeral444 services at the funeral establishment, for funeral services or funeral merchandise during445 the previous 12 months."446 SECTION 13.447 Said article is further amended by revising Code Section 43-18- 71, relating to funeral448 establishments, organic human reduction facilities, and cremato ries to be licensed and to449 employ a licensed funeral director to be in full and continuous charge and display of name450 and license of funeral director, as follows:451 S. B. 239 (SUB) - 18 - 26 LC 56 0628S "43-18-71.452 (a) It shall be unlawful for any person, firm, corporation, or association to operate a funeral453 establishment, organic human reduction facility, or crematory engaged in the business of454 providing funeral services without first obtaining a license from the board in accordance455 with this article. The board shall not issue a license to any funeral establishment, organic456 human reduction facility, or crematory unless such funeral establishment or crematory shall457 employ the service of a funeral director licensed in accordance with this article, who shall458 be the funeral director in full and continuous charge of the es tablishment and who is a459 resident of this state. There shall be conspicuously displayed in each funeral establishment,460 organic human reduction facility, and crematory the name and li cense of the funeral461 director in full and continuous charge. A funeral director in full and continuous charge462 shall:463 (1) Assume full responsibility for the supervision and operati on of the funeral464 establishment, organic human reduction facility, or crematory for which that person has465 been designated as the funeral director in full and continuous charge; 466 (2) Act as funeral director for only one funeral establishment, organic human reduction467 facility, or crematory, or at only one funeral establishment that is separately licensed as468 an organic human reduction facility or crematory; and469 (3) Spend a minimum of 40 hours per week in the employ and ope ration of the470 establishment and be accessible and available to the community; and471 (4) If serving as a funeral director in full and continuous ch arge of a funeral472 establishment, be licensed as both a funeral director and an embalmer.473 (b) When there is a change in the funeral director in full and continuous charge, such474 change shall be reported to the board in writing within five da ys of the effective date of475 such change. The board may request the new funeral director in full and continuous charge476 and owner to appear before the board to determine if the requirements for a funeral director477 in full and continuous charge have been met.478 S. B. 239 (SUB) - 19 - 26 LC 56 0628S (c) Each funeral establishment, organic human reduction facility, or crematory, and the479 funeral director in full and continuous charge of such funeral establishment, organic human480 reduction facility, or crematory, shall be responsible for all funeral services offered or481 provided to consumers at the funeral establishment, organic human reduction facility, or482 crematory and for ensuring that all such funeral services are o ffered or provided in a483 manner that complies with the provisions of this article and the rules and regulations of the484 board."485 SECTION 14.486 Said article is further amended by revising Code Section 43-18- 80, relating to authorizing487 agent, statement specifying disposition of cremated or organica lly reduced remains, and488 shipment of remains, as follows:489 "43-18-80.490 (a) As used in this Code section, the term 'authorizing agent' means a person legally491 entitled to authorize the organic human reduction or cremation of a dead human body.492 (b) The authorizing agent shall provide to the funeral establi shment, organic human493 reduction facility, or crematory in which the organic human red uction or cremation494 arrangements are made a signed statement specifying the ultimat e disposition of the495 organically reduced remains or cremated remains, if known. A c opy of such statement496 shall be retained by the funeral establishment, organic human r eduction facility, or497 crematory offering or conducting the organic human reduction or cremation.498 (c) Organically reduced remains or cremation remains shall be shipped only by a method499 that has an internal tracking system available and that provide s a receipt signed by the500 person accepting delivery.501 (d) The authorizing agent shall be responsible for the disposi tion of the organically502 reduced remains or cremated remains. If, after 60 days from the date the organic human503 reduction is completed or the da te of cremation, the authorizin g agent or his or her504 S. B. 239 (SUB) - 20 - 26 LC 56 0628S representative has not specified the ultimate disposition or claimed the organically reduced505 or cremated remains, the funeral establishment, organic human r eduction facility,506 crematory, or other entity in possession of the organically red uced remains or cremated507 remains shall send a notification to the authorizing agent notifying him or her that, pursuant508 to this subsection, failure to respond to such notification and specify the ultimate509 disposition of the organically reduced remains or cremated remains within 30 days of the510 transmission of such notice shall authorize the funeral establi shment, organic human511 reduction facility, crematory, or other entity to make arrangements for the disposition of512 such remains. If, after 30 days, the funeral establishment, organic human reduction facility,513 crematory or entity in possession of the organically reduced remains or cremated remains514 has not received instructions from the authorizing agent descri bing a specific method of515 disposing of such remains, the funeral establishment, organic h uman reduction facility,516 crematory or entity in possession of such remains shall be auth orized to dispose of the517 organically reduced remains or cremated remains in a dignified and humane manner by the518 entombment, internment, or scattering of such remains in accordance with local and state519 law or by storage in the funeral establishment, organic human reduction facility, crematory,520 or location of the entity in possession of the remains. The fi nal resting place of the521 organically reduced remains or cremated remains shall be clearl y marked, unless such522 remains are scattered, and recorded by the funeral establishment, organic human reduction523 facility, crematory, or entity that disposed of such remains. Any costs or fees incurred to524 entomb, inter, scatter, or disinter such remains shall be the responsibility of the authorizing525 agent; provided, however, that such cost shall not exceed $100.00.526 (e) Any funeral establishment, organic human reduction facility, or crematory, or entity527 in possession of cremated remains that disposes of cremated remains in accordance with528 subsection (d) of this Code section shall be discharged from any legal obligation or liability529 concerning such cremated remains."530 S. B. 239 (SUB) - 21 - 26 LC 56 0628S SECTION 15.531 All laws and parts of laws in conflict with this Act are repealed.532 S. B. 239 (SUB) - 22 -