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 Code of Georgia Annotated,
relating to funeral directors and establishments, embalmers, and crematories, so as to remove
the requirement that funeral directors be licensed embalmers; to revise definitions; to revise
provisions concerning the unlicensed practice of funeral directing and embalming; to revise
the powers and duties of the State Board of Funeral Services; to revise membership and
terms of the board; to provide for term limits; to change certain provisions concerning the
education requirements for funeral directors and embalmers; to provide separate examination
requirements for funeral directors and embalmers; to change certain provisions relating to
the apprenticeship requirements of funeral directors and embalmers; to revise provisions
concerning the licensure of funeral directors and embalmers by reciprocity; to make the
provisions concerning the reinstatement of licenses applicable to embalmers; to revise
provisions concerning funeral establishments; to require that a funeral director in full and
continuous charge of a funeral establishment be licensed as both a funeral director and an
embalmer; to provide for responsibility of all funeral services offered at a funeral
establishment, organic human reduction facility, or crematory; to change certain provisions
concerning the disposition of cremated remains; to provide for conforming cross-references
and terminology; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to
funeral directors and establishments, embalmers, and crematories, is amended by revising
Code Section 43-18-1, relating to definitions, as follows:
"43-18-1.
As used in this article, the term:
(1) 'Alternative container' means any receptacle or enclosure which is of sufficient
strength to be used to hold and to transport a dead human body. Such term does not
include a casket.
(2) 'Apprentice' means a person who practices embalming, funeral directing, or both,
under the direct supervision of a funeral director, embalmer, or both, in this state.
(3) 'Board' means the State Board of Funeral Service.
(4) 'Casket' means a container which is designed for the encasement and viewing of a
dead human body.
(5) 'Cremation' means the reduction of the dead human body to residue by intense heat
or any mechanical, chemical, thermal, or other professionally accepted process. Such
term also includes any other mechanical, chemical, thermal, or other professionally
accepted process whereby dead human bodies are pulverized, burned, recremated, or
otherwise further reduced in size or quantity. Such term does not include organic human
reduction.
(5.1) 'Cremation device' means a retort, vat, or container in which dead human bodies
are cremated by traditional flame, alkaline hydrolysis, or other means approved by the
board.
(6) 'Crematory' means any place where cremation is performed, other than a hospital,
clinic, laboratory, or other facility authorized by the Department of Community Health
for such purposes.
(7) 'Direct supervision' means that the embalmer, funeral director, or both, are present
overseeing the activities of the apprentice.
(8) 'Embalmer' means a person who practices embalming <del>or uses in connection with such
person's name the words 'embalmer,' 'licensed embalmer,' 'undertaker,' or 'mortician' or
offers</del> or holds himself or herself out as offering such <del>services</del> <ins>service.
</ins> (9) 'Final disposition' means the final disposal of a dead human body whether it is by, but
not limited to, earth interment, above-ground interment, cremation, burial at sea, or
delivery to a medical institution for lawful dissection if such medical institution assumes
responsibility for disposal.
(10) 'Funeral' or 'funeral services' means the observances, services, or ceremonies held
for dead human bodies and includes any service relating to the transportation, embalming,
cremation, organic human reduction, and interment of a dead human body.
(11) 'Funeral director' means a person who practices funeral directing <del>or uses in
connection with such person's name or with a picture of such person the words 'funeral
director,' 'licensed funeral director,' 'undertaker,' or 'mortician'</del> or offers or holds himself
or herself out as offering such <del>services</del> <ins>service.
</ins> (12) 'Funeral director in full and continuous charge' means a funeral director who is
approved by the board to assume full responsibility for the operations of a particular
funeral establishment, organic human reduction facility, or crematory and who shall
ensure that such establishment complies with this article and with all rules promulgated
pursuant to this article.
(13) 'Funeral establishment' means a place where embalming or funeral directing is
practiced and which is open to the public and transacting business relating to funeral
services.
(14) 'Funeral merchandise' means <del>the</del> <ins>any</ins> goods that <del>may only be</del> <ins>are</ins> sold or offered for
sale by a funeral director <del>working in a funeral establishment, organic human reduction
facility, or crematory and includes, but is not limited to, a casket or alternative container,
but does not include an outer burial container or cemetery marker</del> <ins>for use in connection
with the memorialization, interment, entombment, or inurnment of dead human bodies.
</ins> (15) 'Funeral service contract' means a written or oral agreement between a funeral
director or funeral establishment, organic human reduction facility, or crematory and a
legally authorized person for the embalming, funeral, or final disposition of a dead human
body.
(16) 'Legally authorized person' means the deceased's surviving spouse, a son or
daughter who is 18 years of age or older; the deceased's parent, a brother or sister who
is 18 years of age or older; any other person who is 18 years of age or older and who is
in the next degree of kinship to the deceased; the deceased's guardian or personal
representative; or a public health officer.
(16.1) 'Organic human reduction' means the contained, accelerated conversion of dead
human bodies to soil.
(16.2) 'Organic human reduction container' means a container in which organic human
reduction occurs.
(16.3) 'Organic human reduction facility' means a location where organic human
reduction is performed.
(16.4) 'Organically reduced remains' means the resulting residue of a dead human body
that has undergone organic human reduction.
(17) 'Outer burial container' means an enclosure into which a casket is placed, including,
but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional
concrete enclosure, a crypt; or a wooden enclosure.
(18) 'Practice of embalming' or 'embalming' means disinfecting or preserving or
attempting to disinfect or preserve dead human bodies by <del>replacing certain body fluids
with</del> <ins>the internal or external application of</ins> preserving and disinfecting chemicals.
(19) 'Practice of funeral directing' or 'funeral directing' means making or directing, at
need or preneed, arrangements for the preparation and transportation of dead human
bodies for final disposition and the supervision and direction of all funeral services.
(20) 'Retort' means a furnace where dead human bodies are cremated.
(21) 'Soliciting' means the making of any uninvited contact with another person by a
funeral director or by a funeral director's agent, assistant, employer, or employee for the
purpose of the sale of funeral services or merchandise. Such term shall not include any
advertising which is directed to the public in general."
SECTION 2.
Said article is further amended by revising Code Section 43-18-3, relating to practice without
complying with article, as follows:
"43-18-3.
(a) It shall be unlawful for any person to engage in the practice of embalming or to
represent to the public that such person is an embalmer, <del>mortician, or undertaker</del> without
first complying with this article.
(b) It shall be unlawful for any person to engage in the business or profession of funeral
directing or to represent to the public that such person is a funeral director, <del>undertaker, or
mortician</del> without first complying with this article.
(c) Any person who actively engages or participates in any way in the business or
profession of funeral directing, <ins>including, but not limited to, consulting with consumers
about potential funeral services,</ins> shall be considered to be practicing as a funeral director
and must be a licensed funeral director under the terms of this article.
<ins>(d) It shall be unlawful for any person to use in connection with such person's name or
with a picture of such person:
(1) The words 'funeral director' or 'licensed funeral director' without being a licensed
funeral director under the terms of this article;
(2) The words 'embalmer' or 'licensed embalmer' without being licensed as an embalmer
under the terms of this article; or
(3) The words 'undertaker' or 'mortician' without being licensed as either a funeral
director or an embalmer under the terms of this article.
(e)(1) The board may issue subpoenas to compel the attendance of witnesses and the
production of records or other documents in connection with an investigation of a
potential violation of this Code section.
(2) If any person fails or refuses to comply with a subpoena issued pursuant to
paragraph (1) of this subsection, a superior court of appropriate jurisdiction, upon
application of the board, may issue to the person an order requiring such person to appear
before the court to show cause why such person should not be held in contempt for the
failure or refusal to comply with the subpoena.
(f) Any person who violates the provisions of this Code section shall be subject to the civil
penalties provided in Code Section 43-1-20.1."
</ins> SECTION 3.
Said article is further amended by revising Code Section 43-18-4, relating to unlicensed
practice as constituting public nuisance and injunctions, as follows:
"43-18-4.
<ins>(a)</ins> The practice of embalming or funeral directing, as defined in this article, is declared
to be a business or profession affecting the public interest and involving the health and
safety of the public. Such practice by a person who is not licensed to practice in this state
is declared to be a public nuisance; and any citizen of this state, the board, or the
appropriate prosecuting attorney where such practice is carried on by such unlicensed
person may, on behalf of the public, bring an action in the superior court of the county
where such nuisance exists or is carried on to restrain and abate the same. On satisfactory
proof to the judge of the superior court that such illegal practice or business of funeral
directing or embalming is being carried on, the judge shall issue <del>a temporary</del> <ins>an</ins> injunction
against the party or parties operating such practice or business until they have qualified and
been licensed under the terms of this article.
<ins>(b) In any action brought pursuant to subsection (a) of this Code section or pursuant to
Code Section 43-1-20 where the plaintiff prevails in obtaining an injunction against the
unlicensed practice of funeral director or embalming, the plaintiff shall be entitled to
recover the costs incurred in bringing such action, including reasonable attorney's fees."
</ins> SECTION 4.
Said article is further amended by revising Code Section 43-18-21, relating to composition
of board, qualification of members, vacancies, and removal of members, as follows:
"43-18-21.
(a) The board shall consist of <del>six</del> <ins>seven</ins> members <ins>as follows:
(1) Three members</ins> who shall be licensed <del>and practicing</del> funeral directors <del>and embalmers
with</del> <ins>who have practiced in this state as such for</ins> a minimum of five years <del>as such in this
state</del> immediately preceding their appointment;
<ins>(2) Three members who shall be licensed embalmers who have practiced in this state as
such for a minimum of five years immediately preceding their appointment;</ins> and
<ins>(3) One</ins> <del>one</del> member who shall have no connection whatsoever with the funeral service
industry but who shall have a recognized interest in consumer affairs and in consumer
protection concerns.
(b) The members of the board shall be appointed by the Governor for terms of office of
<del>six years and all</del> <ins>four years and not to exceed two terms. All</ins> vacancies occurring on the
board shall be filled by the Governor. When an appointment is made to fill a vacancy
caused by death or resignation of a member, such appointment shall be for the remainder
of the unexpired term of the member whose death or resignation caused the vacancy so
filled.
<ins>(c) An individual who is licensed as both a funeral director and an embalmer may be
appointed by the Governor as one of the three members of the board provided for in
paragraph (1) of subsection (a) of this Code section or as one of the three members of the
board provided for in paragraph (2) of subsection (a) of this Code section.
(c)(d)</ins> A majority of the members of the board may remove any member who misses three
or more consecutive regular meetings of the board without a medical reason and may
declare that position on the board to be vacant. A member so removed shall not be eligible
for reappointment until the expiration of the term of office for which such person was
serving. The Governor shall have the power to remove from office any member of the
board for willful neglect of duty or for conviction of a crime involving moral turpitude.
<del>(d)(e)</del> Those persons serving as members of the board immediately prior to <del>April 11, 1990
</del> <ins>July 1, 2026,</ins> shall continue to serve out the respective terms of office for which they were
appointed and until their respective successors are appointed and qualified."
SECTION 5.
Said article is further amended by revising Code Section 43-18-23, relating to powers and
duties, rules and regulations, and seal, as follows:
"43-18-23.
For the purpose of better protection of life and health, preventing the spread of contagious,
communicable, and infectious diseases, and regulating the practice of embalming and
funeral directing and the care and disposition of dead human bodies, the board is
authorized:
(1) To prescribe a standard of proficiency as to the qualifications and fitness of those
engaged in and who may engage in the practice of embalming or funeral directing and
the care and disposition of dead human bodies;
(2) To revoke the license of any embalmer or funeral director for incompetency,
conviction of a crime involving moral turpitude, violation of this article, failure to
observe the standards of proficiency or rules and regulations promulgated by the board,
or any other cause as provided in this article;
(3) To fix and prescribe rules and regulations governing the business or profession of
funeral directing and the business or profession of embalming;
(4) To fix and prescribe standards of sanitation to be observed in the embalming of dead
human bodies or cremation of dead human bodies;
(5) To regulate and control the business or profession of funeral directing or embalming;
(6) To fix and prescribe minimum standards of general appearance of funeral
establishments or crematories;
(7) To adopt a common seal; <del>and
</del> (8) To make and promulgate rules and regulations not inconsistent with the laws of this
state for the regulation of such board and for the practice of embalming and funeral
directing within this state. All rules and regulations of the board existing immediately
prior to April 11, 1990, which are not inconsistent with this article shall continue in effect
until repealed, amended, or otherwise changed by the board; <ins>and
(9) To issue subpoenas for the attendance of witnesses before the board, administer
oaths, and compel production of records or other documents and testimony of witnesses
whenever, in the judgment of the board, it is necessary to do so for the effectual discharge
of the duties of the board under this article."
</ins>
SECTION 6.
Said article is further amended by revising Code Section 43-18-40, relating to application for
license and examination, as follows:
"43-18-40.
Any person desiring to engage <ins>either</ins> in the practice of embalming or in the business or
practice of funeral directing, <ins>or both,</ins> and who has not been licensed to do so shall make
written application to the board through the division director for such license <ins>or licenses.
</ins> Such application shall be upon such form and shall be submitted in such manner as shall
be prescribed by the board and the applicant shall pay such fee <ins>or fees</ins> as may be fixed by
the board. <del>Before being issued a license to practice funeral directing or embalming in this
state, all applicants shall pass an examination approved by the board which tests their
qualifications and skill in either funeral directing or embalming, or both, as the case may
be; and such examination shall be made in the manner provided for in this article and by
the board through rules and regulations."
</del> SECTION 7.
Said article is further amended by revising Code Section 43-18-41, relating to qualifications
of embalmer or funeral director applicants, as follows:
"43-18-41.
(a) Each applicant for a license as either an embalmer or a funeral director shall:
(1) Be at least 18 years of age;
(2) Be of good moral character; and
(3) Have graduated from a high school or have earned a state approved high school
equivalency (HSE) certificate.
(b) In addition to the qualifications set out in subsection (a) of this Code section, an
applicant for an embalmer's license shall:
(1) Have <del>graduated from a program at an accredited college of funeral service or such
other college as provided by board rule; and</del> <ins>obtained an associate's degree or higher by
successfully completing, at an institution of postsecondary education, a program of
funeral service education that consists of not less than 60 semester hours, or equivalent
quarter credit hours, and that is accredited by a national or regional accrediting
organization recognized by the board, such as the American Board of Funeral Service
Education;
(2) Have attained a passing score, as determined by the board, on an examination
approved by the board which tests the applicant's qualifications and skill in the practice
of embalming, such as the science section of the national examination administered by
the International Conference of Funeral Service Examining Boards;
</ins> <del>(2)(3)</del> Have completed a minimum of 3,120 hours, pursuant to rules and regulations of
the board, of service as an apprentice <ins>under the direct supervision of a licensed embalmer
</ins> as provided in Code Sections 43-18-50 through 43-18-54; <ins>and
(4) Furnish an affidavit stating that, as an apprentice as provided in Code
Section 43-18-50, the applicant assisted in the embalming of at least 50 dead human
bodies and specifying the names and dates of death relating to such dead human bodies.
</ins> (c) In addition to the qualifications set out in subsection (a) of this Code section, an
applicant for a funeral director's license shall <del>have, prior to the issuance of said license, a
valid embalmer's license; shall furnish:
</del> <ins>(1) Have met the educational requirements specified in paragraph (1) of subsection (b)
of this Code section;
(2) Have attained a passing score, as determined by the board, on an examination
approved by the board which tests the applicant's qualifications and skill in the practice
of funeral directing, such as the arts section of the national examination administered by
the International Conference of Funeral Service Examining Boards;
</ins>
<ins>(3) Have completed a minimum of 3,120 hours, pursuant to rules and regulations of the
board, of service as an apprentice under the direct supervision of a licensed funeral
director as provided in Code Sections 43-18-50 through 43-18-54;
(4) Furnish</ins> an affidavit <del>which lists the names of the 50 funerals at which the apprentice
assisted as provided in Code Section 43-18-50</del> <ins>stating that, as an apprentice as provided
in Code Section 43-18-50, the applicant assisted with at least 50 funerals and specifying
the names and dates of death for the deceased at such funerals;</ins> and, <del>effective
</del> <ins>(5) Effective</ins> January 1, 1991, <del>must pass</del> <ins>have passed</ins> an examination approved by the
board which tests knowledge of the law of this state relating to funeral directors.
(d)(1) An individual who has met the educational requirement specified in paragraph (1)
of subsection (b) of this Code section shall be eligible to take <del>the section of</del> the
examination <ins>required under paragraph (2) of such subsection</ins> <del>for embalmer relating
directly to scholastic training</del> without waiting until such individual meets the additional
requirements for licensure specified in <del>paragraph (2)</del> paragraphs (3) and (4) of <del>said</del> <ins>such
</ins> subsection; <del>provided, however, that such individual must submit a proper application and
pay the required fees as determined by the board.
</del> <ins>(2) An individual who has met the educational requirement specified in paragraph (1) of
subsection (c) of this Code section shall be eligible to take the examination required
under paragraph (2) of such subsection without waiting until such individual meets the
additional requirements for licensure specified in paragraphs (3), (4), and (5) of such
subsection.
(3) Notwithstanding the passing of either or both of the examinations required under
paragraph (2) of subsection (b) or paragraph (2) of subsection (c) of this Code section,
an</ins> <del>An</del> applicant for licensure as an embalmer <ins>or funeral director</ins> <del>who shall have
successfully completed the section of the examination for embalmer relating directly to
scholastic training</del> shall have no status as an embalmer or funeral director until such
applicant meets all other requirements for licensure as outlined in this article and has
received a license as an embalmer <ins>or funeral director</ins> from the board.
<ins>(e)(1) An applicant may satisfy the requirements specified in paragraph (3) of
subsection (b) and paragraph (3) of subsection (c) of this Code section simultaneously
by completing a minimum of 3,120 hours of service as an apprentice under the direct
supervision of a licensed funeral director and a licensed embalmer, or an individual
licensed as both a funeral director and an embalmer, as provided in Code
Sections 43-18-50 through 43-18-54; provided, however, that such individual shall,
during such service as an apprentice, assist in the embalming of at least 50 dead human
bodies and assist with at least 50 funerals as required under paragraph (4) of
subsection (b) and paragraph (4) of subsection (c) of this Code section.
(2) An applicant for an embalmer's license who is licensed as a funeral director in this
state and who has not satisfied the requirements specified in paragraph (3) of subsection
(b) of this Code section may satisfy the requirements of such paragraph by assisting, as
an apprentice under the direct supervision of a licensed embalmer, in the embalming of
at least 50 dead human bodies as provided in paragraph (1) of subsection (d) of Code
Section 43-18-50; provided, however, that such applicant shall be required to satisfy all
other requirements for an embalmer's license as set forth in this Code section.
(3) An applicant for a funeral director's license who is licensed as an embalmer in this
state and who has not satisfied the requirements specified in paragraph (3) of subsection
(c) of this Code section may satisfy the requirements of such paragraph by assisting, as
an apprentice under the direct supervision of a licensed funeral director, with at least 50
funerals as provided in paragraph (2) of subsection (d) of Code Section 43-18-50;
provided, however, that such applicant shall be required to satisfy all other requirements
for a funeral director's license as set forth in this Code section."
</ins>
SECTION 8.
Said article is further amended by revising Code Section 43-18-42, relating to reciprocity and
examination upon meeting qualifications, as follows:
"43-18-42.
(a) The board may, in its discretion and in accordance with regulations adopted by the
board, grant to any person licensed in another state, territory, <ins>or</ins> country, or <ins>the</ins> District of
Columbia full privileges to engage in equivalent practice authorized by this article without
taking <del>a national examination</del> <ins>the examination required under paragraph (2) of
subsection (b) or paragraph (2) of subsection (c) of Code Section 43-18-41</ins> if:
(1)(A) <del>On or after January 1, 1991, such person successfully passes an examination
approved by the board which tests knowledge of the law of this state relating to funeral
directors; and
(B)</del> Such person satisfied in another state, territory, <ins>or</ins> country, or <ins>the</ins> District of
Columbia the requirements for licensure which are:
(i) In effect in Georgia on the date of application; or
(ii) Substantially equal to the requirements for a similar license in Georgia; <ins>and
(B) Such person, if seeking a funeral director's license, passes an examination approved
by the board which tests knowledge of the law of this state relating to funeral directors;
</ins> or
(2) Such person seeking a license pursuant to this Code section has, <ins>in another state,
territory, or country or the District of Columbia,</ins> engaged in the active practice of <del>funeral
service</del> <ins>funeral directing</ins> as a licensed funeral director <del>and</del> <ins>or the active practice of
embalming as a licensed</ins> embalmer, <ins>as applicable,</ins> for three years immediately preceding
his or her application for <del>a</del> <ins>such</ins> license in Georgia.
(b) Nothing in this Code section shall be construed to prevent an applicant denied pursuant
to this Code section from <del>taking the examination for licensure pursuant to this article</del> <ins>being
</ins>
<ins>issued a license as a funeral director or embalmer under this article</ins> if that applicant
otherwise meets the qualifications set out in Code Section 43-18-41."
SECTION 9.
Said article is further amended by revising Code Section 43-18-43.1, relating to application
for reinstatement of licensure, as follows:
"43-18-43.1.
If a licensee who has passed <del>the examination for licensure as a funeral director required
under this part</del> <ins>either or both of the examinations required under paragraph (2) of
subsection (b) or paragraph (2) of subsection (c) of Code Section 43-18-41</ins> and who has
not been subject to disciplinary action by the board allows or has allowed his or her license
to lapse for a period of not more than ten years, the board shall reinstate such <del>funeral
director's</del> license upon such applicant for reinstatement:
(1) Paying the total amount of all renewal fees for the period during which the license
was lapsed, plus a reinstatement fee not to exceed the amount of the biennial renewal fee;
and
(2) Successfully completing continuing education hours as the board may require under
Code Section <ins>43-18-55 or</ins> 43-18-56, unless such continuing education hours would be
waived under <ins>subsection (c) of Code Section 43-18-55 or</ins> subsection (c) of Code
Section 43-18-56, if such applicant for reinstatement had not let the license lapse."
SECTION 10.
Said article is further amended by revising Code Section 43-18-50, relating to application for
funeral service apprenticeship and period of apprenticeship, as follows:
"43-18-50.
(a) Every person desiring to serve as an apprentice shall make application as a funeral
service apprentice to the board upon a form provided by the board. The applicant must be
at least 18 years of age and have either graduated from high school or have a state approved
high school equivalency (HSE) certificate. The apprenticeship shall be served at an
approved establishment and under the direct supervision of a funeral director, embalmer,
or both. The application must be verified by oath of applicant and be accompanied by a
fee to be established by the board. The application shall be submitted to the board and may
be accepted or rejected by a majority of the board.
(b) An apprenticeship shall be approved for a specific establishment and under a specific
supervising funeral director, embalmer, or both. Any change in establishment or
supervising funeral director, embalmer, or both shall terminate that apprenticeship and shall
require submission of a new application.
(c) <del>The</del> <ins>Except as provided in subsection (d) of this Code section, the</ins> total period of
apprenticeship shall be 3,120 hours and must be served in a minimum of 18 months, but
the minimum period shall be in addition to the time required to <del>graduate from a college of
funeral service or other college pursuant to</del> <ins>complete the education requirements provided
for in</ins> paragraph (1) of subsection (b) <ins>or paragraph (1) of subsection (c)</ins> of Code
Section 43-18-41. An apprentice shall be authorized to earn apprenticeship hours in an
amount to be determined by the board while attending a postgraduate school or a program
at an accredited college of funeral service or other college approved by the board.
<ins>(d)(1) An individual who is licensed as a funeral director in this state, who is seeking
licensure as an embalmer, and who did not simultaneously satisfy the apprenticeship
requirements of both licenses pursuant to paragraph (1) of subsection (e) of Code Section
43-18-41 shall not be required, in connection with obtaining an embalmer's license, to
complete a specified number of hours in service as an apprentice over a specified period
of time; provided, however, that such individual shall still be required to apply for and
obtain an apprentice registration under this article and, as an apprentice under the direct
supervision of a licensed embalmer, assist in the embalming of at least 50 dead human
bodies.
</ins>
<ins>(2) An individual who is licensed as an embalmer in this state, who is seeking licensure
as a funeral director, and who did not simultaneously satisfy the apprenticeship
requirements of both licenses pursuant to paragraph (1) of subsection (e) of Code
Section 43-18-41 shall not be required, in connection with obtaining a funeral director's
license, to complete a specified number of hours in service as an apprentice over a
specified period of time; provided, however, that such individual shall still be required
to apply for and obtain an apprentice registration under this article and, as an apprentice
under the direct supervision of a licensed funeral director, assist with at least 50 funerals."
</ins> SECTION 11.
Said article is further amended by revising Code Section 43-18-52, relating to supervision
and control of apprentices and reporting hours served, as follows:
"43-18-52.
<ins>(a)</ins> All apprentices shall be under the supervision and control of the board and shall <ins>submit
reports to the board every six months, in a form and manner provided by the board,
detailing the hours spent and activities performed in service as an apprentice and,</ins> upon
application for licensure, submit to the board proof of having <del>served the required number
of hours</del> <ins>satisfied the applicable apprenticeship requirements provided for in this article</ins> on
forms provided by the board. <del>After completing the
</del> <ins>(b) An apprentice who is required to complete</ins> 3,120 hours <del>for</del> <ins>of</ins> apprenticeship within the
specified period, <del>they</del> shall, <ins>upon completing such hours,</ins> send <del>the last</del> <ins>a final</ins> report to the
board regardless of the date <ins>indicating that such hours have been completed.</ins> The
information contained in the <ins>final</ins> report shall be certified as correct by the funeral director
in full and continuous charge and by the supervising funeral director, <del>and</del> embalmer, <ins>or
both.
(c) An apprentice who is not required to complete a specified number of hours of service
as an apprentice over a specified period of time pursuant to subsection (d) of Code
</ins>
<ins>Section 43-18-50 shall, upon assisting in the embalming of at least 50 dead human bodies
or assisting with at least 50 funerals, whichever is applicable, send a final report to the
board regardless of the date indicating that such assistance has been given. The
information contained in the final report shall be certified as correct by the funeral director
in full and continuous charge and by the supervising funeral director or embalmer,
whichever is applicable."
</ins> SECTION 12.
Said article is further amended by revising Code Section 43-18-70, relating to practice at
licensed funeral establishment or crematory, facilities, and living quarters, requirement to
only practice at licensed funeral establishment, organic human reduction facility, or
crematory and requirements of funeral establishments, by adding a new subsection to read
as follows:
<ins>"(e) Each funeral establishment shall maintain, and make available to the board upon
request:
(1) A general price list for all funeral services offered and funeral merchandise sold at
the funeral establishment; and
(2) Invoices, contracts, or other records evidencing all agreements entered into by legally
authorized persons and the funeral establishment, or a funeral director offering funeral
services at the funeral establishment, for funeral services or funeral merchandise during
the previous 12 months."
</ins> SECTION 13.
Said article is further amended by revising Code Section 43-18-71, relating to funeral
establishments, organic human reduction facilities, and crematories to be licensed and to
employ a licensed funeral director to be in full and continuous charge and display of name
and license of funeral director, as follows:
"43-18-71.
(a) It shall be unlawful for any person, firm, corporation, or association to operate a funeral
establishment, organic human reduction facility, or crematory engaged in the business of
providing funeral services without first obtaining a license from the board in accordance
with this article. The board shall not issue a license to any funeral establishment, organic
human reduction facility, or crematory unless such funeral establishment or crematory shall
employ the service of a funeral director licensed in accordance with this article, who shall
be the funeral director in full and continuous charge of the establishment and who is a
resident of this state. There shall be conspicuously displayed in each funeral establishment,
organic human reduction facility, and crematory the name and license of the funeral
director in full and continuous charge. A funeral director in full and continuous charge
shall:
(1) Assume full responsibility for the supervision and operation of the funeral
establishment, organic human reduction facility, or crematory for which that person has
been designated as the funeral director in full and continuous charge;
(2) Act as funeral director for only one funeral establishment, organic human reduction
facility, or crematory, <ins>or at only one funeral establishment that is separately licensed as
an organic human reduction facility or crematory;</ins> <del>and
</del> (3) Spend a minimum of 40 hours per week in the employ and operation of the
establishment and be accessible and available to the community; <ins>and
(4) If serving as a funeral director in full and continuous charge of a funeral
establishment, be licensed as both a funeral director and an embalmer.
</ins> (b) When there is a change in the funeral director in full and continuous charge, such
change shall be reported to the board in writing within five days of the effective date of
such change. The board may request the new funeral director in full and continuous charge
and owner to appear before the board to determine if the requirements for a funeral director
in full and continuous charge have been met.
<ins>(c) Each funeral establishment, organic human reduction facility, or crematory, and the
funeral director in full and continuous charge of such funeral establishment, organic human
reduction facility, or crematory, shall be responsible for all funeral services offered or
provided to consumers at the funeral establishment, organic human reduction facility, or
crematory and for ensuring that all such funeral services are offered or provided in a
manner that complies with the provisions of this article and the rules and regulations of the
board."
</ins> SECTION 14.
Said article is further amended by revising Code Section 43-18-80, relating to authorizing
agent, statement specifying disposition of cremated or organically reduced remains, and
shipment of remains, as follows:
"43-18-80.
(a) As used in this Code section, the term 'authorizing agent' means a person legally
entitled to authorize the organic human reduction or cremation of a dead human body.
(b) The authorizing agent shall provide to the funeral establishment, organic human
reduction facility, or crematory in which the organic human reduction or cremation
arrangements are made a signed statement specifying the ultimate disposition of the
organically reduced remains or cremated remains, if known. A copy of such statement
shall be retained by the funeral establishment, organic human reduction facility, or
crematory offering or conducting the organic human reduction or cremation.
(c) Organically reduced remains or cremation remains shall be shipped only by a method
that has an internal tracking system available and that provides a receipt signed by the
person accepting delivery.
(d) The authorizing agent shall be responsible for the disposition of the organically
reduced remains or cremated remains. If, after 60 days from the date the organic human
reduction is completed or the date of cremation, the authorizing agent or his or her
representative has not specified the ultimate disposition or claimed the organically reduced
or cremated remains, the funeral establishment, organic human reduction facility,
crematory, or other entity in possession of the organically reduced remains or cremated
remains shall send a notification to the authorizing agent notifying him or her that, pursuant
to this subsection, failure to respond to such notification and specify the ultimate
disposition of the organically reduced remains or cremated remains within 30 days of the
transmission of such notice shall authorize the funeral establishment, organic human
reduction facility, crematory, or other entity to make arrangements for the disposition of
such remains. If, after 30 days, the funeral establishment, organic human reduction facility,
crematory or entity in possession of the organically reduced remains or cremated remains
has not received instructions from the authorizing agent describing a specific method of
disposing of such remains, the funeral establishment, organic human reduction facility,
crematory or entity in possession of such remains shall be authorized to dispose of the
organically reduced remains or cremated remains in a dignified and humane manner by the
entombment, internment, or scattering of such remains in accordance with local and state
law or by storage in the funeral establishment, organic human reduction facility, crematory,
or location of the entity in possession of the remains. The final resting place of the
organically reduced remains or cremated remains shall be clearly marked, unless such
remains are scattered, and recorded by the funeral establishment, organic human reduction
facility, crematory, or entity that disposed of such remains. Any costs or fees incurred to
entomb, inter, scatter, or disinter such remains shall be the responsibility of the authorizing
agent; <del>provided, however, that such cost shall not exceed $100.00.
</del> <ins>(e) Any funeral establishment, organic human reduction facility, or crematory, or entity
in possession of cremated remains that disposes of cremated remains in accordance with
subsection (d) of this Code section shall be discharged from any legal obligation or liability
concerning such cremated remains."
</ins>
SECTION 15.
All laws and parts of laws in conflict with this Act are repealed.