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26 | 26 | | ligtlh— |
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27 | 27 | | ‘ChairmanPhilMendelson |
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28 | 28 | | ABILL. |
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29 | 29 | | INTHECOUNCILOFTHEDISTRICTOFCOLUMBIA |
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30 | 30 | | ToamendtheDistrictofColumbiaFuneralServicesRegulatoryActof1984toprovide |
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31 | 31 | | definitionsofembalmingandembalmer;toamendtherequirementsforafuneral |
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32 | 32 | | director'slicense;tocreateanembalmer’slicense;toprescriberequirementsforafuneral |
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33 | 33 | | directingorembalminginternship;andtomakeconformingamendments. |
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34 | 34 | | BEITENACTEDBYTHECOUNCILOFTHEDISTRICTOFCOLUMBIA,Thatthis |
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35 | 35 | | actmaybecitedasthe“FuneralDirectorsLicensingReformAmendmentActof2025”. |
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36 | 36 | | Sec.2.TheDistrictofColumbiaFuneralServicesRegulatoryActof1984,effective |
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37 | 37 | | May22,1984(D.C.Law5-84;D.C.OfficialCode§3-401efseq.),isamendedasfollows: |
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38 | 38 | | (a)Strikethesectiondesignation“§3-407.Termsandconditionsofapprenticeship.”and |
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39 | 39 | | insertthesectiondesignation“§3-407.Internships.”initsplace. |
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40 | 40 | | (b)Strikethesectiondesignation“§3-414,Servicesrequiringdirectsupervisionby |
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41 | 41 | | funeraldirector.”andinsertthesectiondesignation“§3-414.Servicesrequiringdirect |
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42 | 42 | | supervisionbyembalmer.”initsplace. |
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43 | 43 | | (©)Strikethesectiondesignation“§3-421.Servicesrequiringimmediatesupervisionby |
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44 | 44 | | afuneraldirector.”andinsertthesectiondesignation“§3-421.Servicesrequiringimmediate |
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45 | 45 | | supervision.”initsplace. |
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46 | 46 | | (d)Section3(D.C.OfficialCode§3-402)isamendedasfollows: |
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47 | 47 | | 1 |
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48 | 48 | | 2 |
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49 | 49 | | |
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50 | 50 | | (1) Paragraph (2) is repealed. 35 |
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51 | 51 | | (2) New paragraphs (7A) and (7B) are added to read as follows: 36 |
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52 | 52 | | “(7A) “Embalmer” means any person engaged in the practice of embalming. 37 |
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53 | 53 | | “(7B) “Embalming” means the process of chemically treating the dead human 38 |
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54 | 54 | | body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to 39 |
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55 | 55 | | reduce the presence and growth of microorganisms to temporarily retard organic 40 |
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56 | 56 | | decomposition.”. 41 |
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57 | 57 | | (3) A new paragraph (8A) is added to read as follows: 42 |
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58 | 58 | | “(8A) “Funeral directing” means the for -profit profession of directing or 43 |
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59 | 59 | | supervising funerals, preparing human dead for burial by means other than embalming, or 44 |
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60 | 60 | | making arrangements for funeral services or the financing of funeral services.”. 45 |
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61 | 61 | | (4) Paragraph (9) is amended to read as follows: 46 |
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62 | 62 | | “(9) “Funeral director” means any person licensed by the District to perform the 47 |
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63 | 63 | | practice of funeral directing.”. 48 |
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64 | 64 | | (5) Paragraph (14) is amended to read as follows: 49 |
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65 | 65 | | “(14) “License” means an authority from the District which entitles the holder to 50 |
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66 | 66 | | practice in the District as a funeral director or an embalmer, or an authority from the District 51 |
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67 | 67 | | which entitles the holder to own and operate a funeral services establishment.” . 52 |
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68 | 68 | | (6) Paragraph (18) is amended to read as follows: 53 |
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69 | 69 | | “(18) “Practice of funeral services ” means engaging in the care and disposition of 54 |
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70 | 70 | | the human dead, the preparation of the human dead for the funeral service, burial or cremation, 55 |
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71 | 71 | | the making of arrangements for the funeral service or for the financing of the funeral service and 56 |
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72 | 72 | | the selling or making of financial arrangements for the sale of funeral supplies to the public.”. 57 3 |
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73 | 73 | | |
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74 | 74 | | (e) Section 6 (D.C. Official Code § 3- 405) is amended as follows: 58 |
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75 | 75 | | (1) Subsection (a) is amended to read as follows: 59 |
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76 | 76 | | “(a) Funeral director’s license. — Except as provided in subsections (b) and (c) of this 60 |
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77 | 77 | | section, an applicant for licensure as a funeral director shall furnish satisfactory proof to the 61 |
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78 | 78 | | Mayor that he or she: 62 |
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79 | 79 | | “(1) Is at least 18 years of age; 63 |
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80 | 80 | | “(2) Has completed a funeral director internship; 64 |
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81 | 81 | | “(3) Is a graduate of a school of mortuary science or funeral service accredited by 65 |
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82 | 82 | | the American Board of Funeral Service Education, Incorporated or have completed an associate's 66 |
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83 | 83 | | degree or its equivalent, which consists of at least 60 credit hours of coursework, of which at 67 |
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84 | 84 | | least 30 hours shall be from a funeral directing program approved by the board; 68 |
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85 | 85 | | “(4) Has passed the National Board Examination in Sciences or State Board 69 |
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86 | 86 | | Examination in Sciences of the International Conference of Funeral Service Examining Boards; 70 |
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87 | 87 | | “(5) Is fully acquainted with District and federal laws relating to the practice of 71 |
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88 | 88 | | funeral directing, in a manner to be determined by the Mayor; 72 |
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89 | 89 | | “(6) Has paid all required fees; and 73 |
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90 | 90 | | “(7) Has met all additional requirements set by the Mayor. 74 |
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91 | 91 | | (2) Subsection (d) is repealed. 75 |
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92 | 92 | | (3) New subsection (d- 1) and (d- 2) is added to read as follows: 76 |
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93 | 93 | | “(d-1) Embalmer’s license – An applicant for licensure as an embalmer must furnish 77 |
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94 | 94 | | proof satisfactory to the Mayor that he or she: 78 |
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95 | 95 | | “(1) Is at least 18 years of age; 79 |
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96 | 96 | | “(2) Has completed an embalming internship; 80 4 |
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97 | 97 | | |
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98 | 98 | | “(3) Is a graduate of a school of mortuary science or funeral service accredited by 81 |
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99 | 99 | | the American Board of Funeral Service Education, Incorporated or have completed an 82 |
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100 | 100 | | embalming program approved by the board; 83 |
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101 | 101 | | “(4) Has passed the National Board Examination in Sciences or State Board 84 |
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102 | 102 | | Examination in Sciences of the International Conference of Funeral Service Examining Boards; 85 |
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103 | 103 | | “(5) Is fully acquainted with District and federal laws relating to the practice of 86 |
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104 | 104 | | embalming. 87 |
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105 | 105 | | “(6) Has paid all required fees; and 88 |
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106 | 106 | | “(7) Has met all additional requirements set by the Mayor. 89 |
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107 | 107 | | “(d-2) Persons licensed as funeral directors prior to the effective date of the Funeral 90 |
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108 | 108 | | Directors Licensing Reform Amendment Act of 2023 shall automatically receive an embalmer’s 91 |
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109 | 109 | | license.”. 92 |
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110 | 110 | | (4) Subsection (e)(5) is amended to read as follows: 93 |
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111 | 111 | | “(5) The Board shall provide the Office of the Chief Medical Examiner and all 94 |
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112 | 112 | | facilities and agencies, as defined in § 44-501(c), with a list of all funeral services establishments 95 |
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113 | 113 | | and a list of funeral directors, embalmers , certified interns and courtesy card holders authorized 96 |
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114 | 114 | | to receive human remains for care or preparation in accordance with this chapter. The list shall: 97 |
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115 | 115 | | “(A) Consist only of funeral services establishments licensed and 98 |
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116 | 116 | | operating in the District of Columbia pursuant to this subsection; 99 |
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117 | 117 | | “(B) Include the funeral services establishment license number; and 100 |
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118 | 118 | | “(C) Be updated annually.”. 101 |
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119 | 119 | | (5) Subsection (g) is amended as follows: 102 |
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120 | 120 | | (A) Paragraph (2) is amended to read as follows: 103 5 |
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121 | 121 | | |
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122 | 122 | | “(2) Each application for a funeral director’s, embalmer’s license, or certificate of 104 |
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123 | 123 | | internship shall be accompanied by a recent photograph of the applicant’s face, measuring 105 |
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124 | 124 | | approximately 1” x 11/2”.”. 106 |
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125 | 125 | | (B) Paragraph (7) is amended to read as follows: 107 |
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126 | 126 | | “(7) Procedures governing applications for a funeral director’s license, an 108 |
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127 | 127 | | embalmer’s license, a certificate of internship, a surviving spouse license, and a license to 109 |
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128 | 128 | | operate a funeral services establishment shall be prescribed in rules and regulations issued by the 110 |
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129 | 129 | | Mayor pursuant to § 3- 420.”. 111 |
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130 | 130 | | (6) Subsection (i) is amended to read as follows: 112 |
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131 | 131 | | “(i)(1) The Board may issue a license to: 113 |
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132 | 132 | | “(A) Practice as a funeral director in the District to an applicant who is 114 |
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133 | 133 | | licensed by another state by waiver of the examination and internship requirements of subsection 115 |
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134 | 134 | | (a) of this section; or 116 |
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135 | 135 | | “(B) Practice as an embalmer in the District to an applicant who is 117 |
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136 | 136 | | licensed by another state by waiver of the examination and internship requirements of subsection 118 |
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137 | 137 | | (d-1) of this section. 119 |
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138 | 138 | | “(2) An applicant for a license to practice as a funeral director or embalmer in the 120 |
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139 | 139 | | District shall furnish proof to the Board that he or she: 121 |
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140 | 140 | | “(A) Is currently in good standing as a funeral director or embalmer in a 122 |
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141 | 141 | | state or territory of the United States with requirements for licensure that are substantially similar 123 |
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142 | 142 | | to those in effect in the District; 124 |
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143 | 143 | | “(B) Has practiced continuously in the state or territory of licensure for at 125 |
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144 | 144 | | least 5 years preceding his or her application; and 126 6 |
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145 | 145 | | |
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146 | 146 | | “(C) Meets the following the requirements: 127 |
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147 | 147 | | “(i) Is at least 18 years of age; 128 |
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148 | 148 | | “(ii) Has paid all required fees; 129 |
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149 | 149 | | “(iii) Is fully acquainted with District and federal laws relating to 130 |
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150 | 150 | | the license sought.”. 131 |
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151 | 151 | | (f) Section 7(a) (D.C. Official Code § 3–406(a)) is amended to read as follows: 132 |
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152 | 152 | | “(a) A license to practice in the District as either a funeral director or embalmer, or to 133 |
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153 | 153 | | operate a funeral services establishment shall be issued to each applicant who meets all of the 134 |
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154 | 154 | | requirements for licensure.”. 135 |
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155 | 155 | | (g) Section 8 (D.C. Official Code § 3–407) is amended to read as follows: 136 |
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156 | 156 | | “§ 3–407. Internships. 137 |
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157 | 157 | | “(a)(1) A person desiring to become a funeral director or embalmer shall serve as an 138 |
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158 | 158 | | intern under the direct supervision of a funeral director or embalmer licensed in the District. 139 |
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159 | 159 | | “(2) Notwithstanding paragraph (1) of this subsection, an intern who is required to 140 |
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160 | 160 | | serve a 2-year minimum internship may serve up to 1 year of the internship outside of the 141 |
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161 | 161 | | District, if the period of internship served outside of the District is served under the supervision 142 |
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162 | 162 | | of an individual who has passed a national approved examination for the internship in question. 143 |
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163 | 163 | | The Mayor shall issue rules and regulations to implement this subsection pursuant to § 3- 420. 144 |
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164 | 164 | | “(b) The applicant shall furnish proof that he or she is: 145 |
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165 | 165 | | “(1) Is at least 18 years of age; 146 |
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166 | 166 | | “(2) Holds a high school diploma or its equivalent, or higher. 147 7 |
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167 | 167 | | |
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168 | 168 | | “(c) An internship for funeral directing or embalming shall consist of at least 2,000 hours 148 |
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169 | 169 | | of training to be completed in no more than 2 years; provided, that an internship may be 149 |
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170 | 170 | | extended, for good cause, to a total period of no more than 5 years. 150 |
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171 | 171 | | “(d) A funeral directing intern shall receive training in all areas of funeral directing, 151 |
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172 | 172 | | including assisting at least 25 funerals, 25 arrangement conferences, as well as visitations and 152 |
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173 | 173 | | financing of funeral services. 153 |
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174 | 174 | | “(e) An embalming intern shall receive training in all aspects of embalming practice, 154 |
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175 | 175 | | including assisting in at least 25 embalmings, as well as treatment, restorative art, safety and 155 |
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176 | 176 | | sanitation, and organ, tissue, or anatomical donation. 156 |
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177 | 177 | | “(f)(1) The intern and the licensee supervising the intern shall submit a written report at 157 |
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178 | 178 | | the end of every 1,000 hours of training that specifies the period of time in which the 1,000 hours 158 |
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179 | 179 | | has been completed and verify that the intern has actually served in the required capacity during 159 |
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180 | 180 | | the preceding period. The report shall be submitted no more than 30 days following the 160 |
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181 | 181 | | completion of 1,000 hours. 161 |
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182 | 182 | | “(2) An intern shall not receive credit for training hours on a new 1,000-hour 162 |
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183 | 183 | | report until the previous 1,000- hour report has been approved. 163 |
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184 | 184 | | “(g) Every intern employed pursuant to this section shall, within 5 days after terminating 164 |
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185 | 185 | | his or her employment, notify the Mayor of the termination, indicating the date on which 165 |
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186 | 186 | | employment ceased. 166 |
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187 | 187 | | “(h) Every intern whose employment under the supervision of a funeral director or 167 |
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188 | 188 | | embalmer is terminated shall, immediately upon being employed to work under the supervision 168 |
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189 | 189 | | of another funeral director or embalmer, notify the Mayor of the change of employment, 169 8 |
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190 | 190 | | |
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191 | 191 | | indicating the name, address, and license number of the funeral director or embalmer under 170 |
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192 | 192 | | whose supervision the intern is continuing his or her internship. 171 |
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193 | 193 | | “(i) A funeral director or embalmer shall, upon employing an intern or terminating the 172 |
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194 | 194 | | employment of an intern , notify the Mayor in writing accordingly. The notification shall contain 173 |
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195 | 195 | | the name, address, and license number of the intern , as well as the date on which the intern was 174 |
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196 | 196 | | employed or terminated. 175 |
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197 | 197 | | “(j) The Mayor shall issue rules and regulations, including the establishment of fees for 176 |
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198 | 198 | | internship applications, to implement this section pursuant to § 3- 420.”. 177 |
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199 | 199 | | (h) Section 9 (D.C. Official Code § 3–408) is amended as follows: 178 |
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200 | 200 | | (1) Subsection (a) is amended as follows: 179 |
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201 | 201 | | (A) The lead-in language for subsection (a) is amended to read as follows: 180 |
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202 | 202 | | “(a) The Mayor may refuse to approve or issue a renewal of a license, or may order 181 |
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203 | 203 | | restrictions, impose a fine, impose conditions on the practice of funeral directing or embalming , 182 |
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204 | 204 | | or suspend or revoke the license of any applicant or licensee if the Mayor finds that the applicant 183 |
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205 | 205 | | or licensee has:”. 184 |
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206 | 206 | | (B) Paragraph (8) is amended to read as follows: 185 |
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207 | 207 | | “(8) Engaged in misrepresentation or fraud in the conduct of the business of a 186 |
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208 | 208 | | funeral services establishment as a funeral director, embalmer, or intern; ”. 187 |
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209 | 209 | | (i) Section 12 (D.C. Official Code § 3–411) is amended as follows: 188 |
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210 | 210 | | (1) Subsection (a) is amended to read as follows; 189 |
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211 | 211 | | “(a) No person shall engage in the practice of funeral directing or embalming in the 190 |
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212 | 212 | | District of Columbia without being licensed in accordance with this chapter.”. 191 |
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213 | 213 | | (2) Subsection (b) is amended to read as follows: 192 9 |
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214 | 214 | | |
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215 | 215 | | “(b) No funeral services establishment licensee shall engage in, or permit any employee 193 |
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216 | 216 | | or agent to engage in, the practice of funeral directing unless the person performing these duties 194 |
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217 | 217 | | is a funeral director licensed pursuant to this chapter or an intern approved pursuant to this 195 |
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218 | 218 | | chapter and under the direct or immediate supervision of a licensed funeral director as required 196 |
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219 | 219 | | by this chapter. The direct or immediate supervision requirement shall not extend to employees 197 |
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220 | 220 | | whose duties are limited to the business management activities of the establishment.”. 198 |
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221 | 221 | | (3) Subsection (e) is amended to read as follows: 199 |
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222 | 222 | | “(e) No person licensed as a funeral director embalmer, approved for intern ship, or 200 |
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223 | 223 | | licensed to operate a funeral services establishment shall allow any other person to use or 201 |
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224 | 224 | | practice under his or her license.”. 202 |
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225 | 225 | | (j) Section 15 (D.C. Official Code § 3–414) is amended to read as follows: 203 |
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226 | 226 | | “Sec. 3–414. Services requiring direct supervision by an embalmer . 204 |
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227 | 227 | | “The handling, preparation, or embalming of human remains which carried infectious or 205 |
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228 | 228 | | contagious diseases must at all times be done by a licensed embalmer , or in the case of an 206 |
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229 | 229 | | embalming intern, under the direct supervision of a licensed embalmer.”. 207 |
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230 | 230 | | (k) Section 17(a) (D.C. Official Code § 3–416(a)) is amended to read as follows: 208 |
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231 | 231 | | “(a) Any person holding a funeral director’s license or an embalmer’s license, or any 209 |
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232 | 232 | | person approved for an internship, shall, within 5 days after any change of business or residence 210 |
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233 | 233 | | address, notify the Mayor in writing of the change.”. 211 |
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234 | 234 | | (l) Section 20 (D.C. Official Code § 3–419) is amended by striking the phrase “the 212 |
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235 | 235 | | unlawful practice of funeral directing or apprentice funeral directing,” and inserting the phrase 213 |
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236 | 236 | | “the unlawful practice of funeral directing, embalming, or interning,”.” 214 |
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237 | 237 | | (m) Section 22 (D.C. Official Code § 3–421) is amended to read as follows: 215 10 |
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238 | 238 | | |
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239 | 239 | | “Sec. 3–421. Services requiring immediate supervision. 216 |
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240 | 240 | | “(a) A funeral directing intern shall not perform the following services unless he or she is 217 |
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241 | 241 | | under the immediate supervision of a licensed funeral director: 218 |
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242 | 242 | | “(1) Conducting or directing a funeral; or 219 |
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243 | 243 | | “(2) Advising consumers making arrangements for the care and disposition of 220 |
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244 | 244 | | human remains, including arrangements made prior to the death of a person. 221 |
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245 | 245 | | “(b) An embalming intern shall not perform the following services unless he or she is 222 |
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246 | 246 | | under the immediate supervision of a licensed embalmer: 223 |
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247 | 247 | | “(1) The handling, preparation, or embalming of human remains; or 224 |
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248 | 248 | | “(2) The removal or transport of human remains.”. 225 |
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249 | 249 | | Sec. 3. Fiscal impact statement. 226 |
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250 | 250 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 227 |
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251 | 251 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 228 |
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252 | 252 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 229 |
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253 | 253 | | Sec. 4. Effective date. 230 |
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254 | 254 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 231 |
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255 | 255 | | Mayor, action by the Council to override the veto), a 30- day period of Congressional review as 232 |
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256 | 256 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 233 |
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257 | 257 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1 206.02(c)(1)), and publication in the District of 234 |
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258 | 258 | | Columbia Register. 235 |
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259 | 259 | | 236 |
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260 | 260 | | 237 |
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261 | 261 | | 238 |
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