HLS 10RS-1334 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1116
BY REPRESENTATIVE MILLS
FUNERALS & FUNERAL HOMES: Provides relative to licensure by the Louisiana State
Board of Embalmers and Funeral Directors
AN ACT1
To amend and reenact R.S. 37:842(E), 844, 845(3), 846(A), and 861 and to enact R.S.2
37:831(80) through (86), 842(F), 845(10), and Part IV of Chapter 10 of Title 37 of3
the Revised Statutes of 1950, to be comprised of R.S. 37:891 through 897, relative4
to licenses issued by the Louisiana State Board of Embalmers and Funeral Directors;5
to provide for definitions; to create a preneed funeral planner license; to authorize6
a fee for a preneed funeral planner license; to provide for the renewal of a preneed7
funeral planner license; to provide for imposition of sanctions or fines; to prohibit8
the marketing, negotiating, or preparing of a prearrangement or preneed funeral9
contract with a person other than a funeral director or preneed funeral planner; to10
require continuing education; to provide for standards of course approval; to provide11
for approval of sponsors, programs, and activities; to provide for exemptions and12
waivers; to provide for record keeping; to provide for persons who fail to comply;13
and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 37:842(E), 844, 845(3), 846(A), and 861 are hereby amended and16
reenacted and R.S. 37:831(80) through (86), 842(F), 845(10), and Part IV of Chapter 10 of17
Title 37 of the Revised Statutes of 1950, comprised of R.S. 37:891 through 897, are hereby18
enacted to read as follows:19 HLS 10RS-1334 ORIGINAL
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§831. Definitions1
For purposes of this Chapter and implementation thereof, the following terms2
shall have the meaning as defined herein, unless the context clearly indicates3
otherwise:4
* * *5
(80) "Accredited sponsor" means a person or organization conducting or6
sponsoring a specific program of instruction which has been approved by the board.7
(81) "Active licensee" means a person licensed by the board and either8
practicing funeral directing, embalming, or working as a preneed funeral planner in9
any capacity in this state.10
(82) "Approved program" means continuing education program activity11
which has received prior approval by the board.12
(83) "Hour of continuing education" means a fifty-minute clock hour13
completed by a licensee in attendance at an approved continuing education program.14
(84) "Inactive licensee" means a person licensed by the board, but not15
practicing funeral directing, embalming, or working as a preneed funeral planner in16
any capacity in this state.17
(85) "Preneed funeral planner" means a person employed by or contracted18
with a funeral establishment to market and prepare prearrangements and preneed19
funeral contracts.20
(86) "Program instructor" means a person who conducts or presents the21
continuing education to the licensees.22
* * *23
§842. Minimum qualifications for license 24
* * *25
E. Any applicant is qualified for license as a preneed funeral planner if he:26
(1) Is at least twenty-one years old or is at least eighteen years old and is27
legally emancipated.28 HLS 10RS-1334 ORIGINAL
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(2) Is found by the board to be of good moral character and possesses1
temperate habits.2
(3) Is a graduate of a high school as evidenced by a diploma or has a general3
education development certificate.4
(4) Has submitted the appropriate application as furnished and prescribed by5
the board along with the appropriate license fee required by R.S. 37:845.6
(5) Passes satisfactorily an examination conducted by the board pertaining7
to Chapter 10 of Title 37 of the Louisiana Revised Statutes of 1950 and Part XXXVII8
of Title 46 of the Louisiana Administrative Code.9
F. Every license issued hereunder shall be signed by the president and10
secretary of the board, and bear the imprint of the board's seal. The board shall11
register each license holder as being duly licensed for the purpose covered by such12
license. 13
* * *14
§844. Renewals 15
A. Every certificate holder licensee under this Chapter who wishes to16
continue the practice of the science of embalming, or the practice of funeral17
directing, or the practice of preneed funeral planning shall pay to the secretary of the18
board, on or before December 31 thirty-first of each year , the renewal fee provided19
in R.S. 37:845 and shall complete four hours of continuing education as required in20
this Chapter.21
B. Certificates not renewed by December 31 thirty-first of any year shall be22
considered automatically revoked. 23
§845. Fees24
The board shall require payment of fees hereunder, as follows:25
* * *26 HLS 10RS-1334 ORIGINAL
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(3) A fee to be determined by the board of not more than eighty dollars for1
the annual renewal of each of the licenses listed in Paragraphs (1), and (2), and (10)2
of this Section.3
* * *4
(10) A fee to be determined by the board of not more than two hundred fifty5
dollars from each person applying for a preneed funeral planner license.6
§846. Refusal to grant or renew licenses; revocation or suspension; grounds;7
hearings8
A. The board may refuse to grant, refuse to renew, or may suspend or9
revoke, any license, or impose a sanction or fine in keeping with the penalty10
provision of this Part, when the applicant or licensee is found guilty of any of the11
following acts or omissions:12
* * *13
§861. Preneed funeral plans14
A. It shall be unlawful for a firm, partnership, corporation, an association of15
individuals, or anyone to enter into a preneed funeral contract other than a duly16
licensed funeral establishment.17
B. No person shall market, negotiate, or prepare a prearrangement or a18
preneed funeral contract with a buyer or potential buyer other than a funeral director19
or preneed funeral planner who contracts with or is employed by a funeral20
establishment.21
* * *22
PART IV. CONTINUING EDUCATION23
§891. Continuing education required24
In order to ensure that all licensees maintain and improve upon their25
professional skills, each person holding a combination license, funeral director26
license, or a preneed funeral planners license issued by the board is required to27
participate in continuing education as a condition for renewal of licenses subject to28
the conditions described in this Part.29 HLS 10RS-1334 ORIGINAL
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§892. Standards for course approval1
Continuing education activity shall be approved by the board or the executive2
director on behalf of the board if:3
(1) It constitutes an organized program of learning that contributes directly4
to the professional competence of the licensee.5
(2) It pertains to subject matter which relates to the practice of funeral6
directing, embalming, or related subjects.7
(3) It is conducted by a person who has specialized expertise in the subject8
matter.9
§893. Approval of sponsors, programs, and activities10
A. Any person or organization who wishes to present an educational program11
shall submit in a form approved by the board an application that outlines the course12
content, total hours of instructions, the date and location of training, and the names13
and professional qualifications of the instructors. The application shall be submitted14
at least thirty days in advance of the proposed training. The executive director, on15
behalf of the board, shall either approve or reject the application within five working16
days of application and shall notify the applicant in writing.17
B. Any licensee who seeks credit for participation in an educational activity18
that did not receive prior approval by the executive director may submit a request for19
post approval of the activity. The application shall be in a form approved by the20
board and shall be submitted within thirty days of the completion of the activity. The21
executive director, on behalf of the board, shall either approve or reject the22
application within five working days of application and shall notify the applicant in23
writing. No requests for approval shall be accepted by the executive director less24
than thirty days prior to the license renewal date.25
C. An appeal of a denial of an application may be made, in writing, to the26
board who shall rule on the appeal at the next scheduled board meeting. The appeal27
shall be filed in the board office within fifteen days of notification of denial.28 HLS 10RS-1334 ORIGINAL
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D. The board or its authorized representative may monitor, inspect, or review1
any approved continuing education activity and, upon evidence of significant2
variation in the program presented from the program approved, may disapprove all3
or any part of the approved hours granted the activity.4
E. Any person or organization sponsoring or conducting an approved5
program shall submit, on a form approved by the board, a sworn affidavit attesting6
to the attendance and satisfactory completion of training of all persons in attendance.7
The information shall be provided to the board within fifteen days following the8
presentation of material. The board may initiate disciplinary action against any9
licensee who knowingly falsely certifies training or who attempts through subterfuge10
to bypass the requirements listed herein.11
F. The accredited sponsor of an approved continuing education activity may12
charge a reasonable fee to that licensee registered for the activity. A licensee shall13
not be required to pay an additional fee in the form of registration for ancillary14
activities or events that are concurrent to the approved continuing education activity15
if the licensee wishes only to attend the continuing education portion of the program.16
§894. Continuing education requirements17
A. All embalmers, funeral directors, and preneed funeral planners licensed18
by the board shall complete a minimum of four hours of approved continuing19
education in each period to coincide with the renewal date of the license as a20
requirement of license renewal.21
B. Carryover of credit of continuing education hours shall be permitted, but22
shall not exceed eight hours. Two of the eight hours required over the two-year23
period shall be taken on the statutes and administrative codes as they pertain to24
funeral service, Chapter 10 of Title 37 of the Louisiana Revised Statutes of 1950 and25
Part XXXVII of Title 46 of the Louisiana Administrative Code.26
C. The maximum credit hours for participation in any course shall not27
exceed that number approved by the board.28 HLS 10RS-1334 ORIGINAL
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D. A licensee shall not receive credit for the same course more than once1
during the same one-year period.2
E. No credit shall be granted for partial completion of any continuing3
education activity unless the partially completed portion represents a full-clock hour4
of the program.5
F. A licensee who conducts an approved course may receive credit for6
attendance at the continuing education.7
§895. Exemptions; waivers8
A. Continuing education requirements for individuals licensed by9
examination shall be waived for the first-time renewal of a license.10
B. Credit shall be given for approved continuing education courses11
completed in-state, out-of-state, online, or conducted in-house at the licensee's place12
of employment.13
C. Licensees in an inactive status shall be exempted from the continuing14
education requirement. Any licensee changing from the inactive status to an active15
status shall meet the continuing education requirement as soon as possible.16
D. Licensees in an active military status shall be exempted from the17
continuing education requirement.18
E. Licensees who are sixty-five years of age and older shall be exempt from19
the continuing education requirements.20
F. Upon request, the board, or the executive director on behalf of the board,21
may authorize partial or full exemption to the continuing education requirements22
based upon an extreme personal or family hardship. The request shall be made at23
least thirty days prior to the expiration of license, and the board shall require24
documentation of the hardship.25
§896. Record keeping procedures26
A. It shall be the responsibility of the board and the individual licensee to27
maintain records of continuing education.28 HLS 10RS-1334 ORIGINAL
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B. All records pertaining to continuing education training shall be retained1
by the accredited sponsor for a period of not less than two years and shall be subject2
to examination by the board 3
§897. Failure to comply4
Any licensee who fails to comply fully with the continuing education5
requirements as presented by this Part shall not be allowed to renew a license. A6
licensee shall be allowed to reinstate the license only after application to the board,7
satisfactory completion of the required continuing education, and payment of an8
application fee as approved by the board.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 1116
Abstract: Requires a person employed by or contracted with a funeral establishment to
market and prepare prearrangements and preneed funeral contracts to be licensed as
a preneed funeral planner. Requires a person licensed by the State Board for
Embalmers and Funeral Directors to attend four hours of continuing education.
Proposed law defines "accredited sponsor" as a person or organization conducting or
sponsoring a specific program of instruction which has been approved by the State Board
for Embalmers and Funeral Directors.
Proposed law defines "active licensee" as a person licensed by the board and either
practicing funeral directing, embalming, or working as a preneed funeral planner in any
capacity in this state.
Proposed law defines"approved program" as a continuing education program activity which
has received prior approval by the board.
Proposed law defines "hour of continuing education" as a 50-minute clock hour completed
by a licensee in attendance at an approved continuing education program.
Proposed law defines "inactive licensee" as a person licensed by the board, but not practicing
funeral directing, embalming, or working as a preneed funeral planner in any capacity in this
state.
Proposed law defines "preneed funeral planner" as a person employed by or contracted with
a funeral establishment to market and prepare prearrangements and preneed funeral
contracts.
Proposed law defines "program instructor" as a person who conducts or presents the
continuing education to the licensees. HLS 10RS-1334 ORIGINAL
HB NO. 1116
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are additions.
Proposed law provides that any applicant is qualified for license as a preneed funeral planner
if he:
(1)Is at least 21 years old or is at least 18 years old and is legally emancipated.
(2)Is found by the board to be of good moral character and possesses temperate habits.
(3)Is a graduate of a high school as evidenced by a diploma or has a general education
development certificate.
(4) Has submitted the appropriate application as furnished and prescribed by the board
along with the appropriate license fee.
(5)Passes satisfactorily an examination conducted by the board pertaining to present
law, Chapter 10 of Title 37 of the Revised Statutes of 1950 and Part XXXVII of Title
46 of the Louisiana Administrative Code.
Present law provides that every certificate holder who wishes to continue the practice of the
science of embalming or the practice of funeral directing, shall pay to the secretary of the
board, on or before December 31 of each year, the renewal fee .
Proposed law provides that every licensee who wishes to continue the practice of the science
of embalming, the practice of funeral directing, or the practice of preneed funeral planning
shall pay to the secretary of the board on or before December 31 of each year the renewal
fee provided and shall complete four hours of continuing education.
Proposed law provides that the board shall require payment of a fee to be determined by the
board of not more than $80 for the annual renewal of a preneed funeral planner license.
Proposed law provides that a fee to be determined by the board of not more than $250 shall
be paid by each person applying for a preneed funeral planner license.
Proposed law provides that no person shall market, negotiate, or prepare a prearrangement
or a preneed funeral contract with a buyer or potential buyer other than a funeral director or
preneed funeral planner who contracts with or is employed by a funeral establishment.
Proposed law provides that, in order to ensure that all licensees maintain and improve upon
their professional skills, each person holding a combination license, funeral director license,
or a preneed funeral planner license issued by the board is required to participate in
continuing education as a condition for renewal of licenses.
Proposed law provides that continuing education activity shall be approved by the board or
the executive director on behalf of the board if:
(1)It constitutes an organized program of learning that contributes directly to the
professional competence of the licensee.
(2)It pertains to subject matter which relates to the practice of funeral directing,
embalming, or related subjects.
(3)It is conducted by a person who has specialized expertise in the subject matter.
Proposed law requires any person or organization who wishes to present an educational
program to submit in a form approved by the board an application that outlines the course
content, total hours of instructions, the date and location of training, and the names and
professional qualifications of the instructors. The application shall be submitted at least 30
days in advance of the proposed training. The executive director, on behalf of the board,
shall either approve or reject the application within 5 working days of application and shall
notify the applicant in writing. HLS 10RS-1334 ORIGINAL
HB NO. 1116
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that any licensee who seeks credit for participation in an educational
activity that did not receive prior approval by the executive director may submit a request
for post approval of the activity. The application shall be in a form approved by the board
and shall be submitted within 30 days of the completion of the activity.
Proposed law provides that the executive director, on behalf of the board, shall either
approve or reject the application within 5 working days of application and shall notify the
applicant in writing. No requests for approval shall be accepted by the executive director
less than 30 days prior to the license renewal date.
Proposed law provides that an appeal of a denial of an application may be made, in writing,
to the board who shall rule on the appeal at the next scheduled board meeting. The appeal
shall be filed in the board office within 15 days of notification of denial.
Proposed law authorizes the board or its authorized representative to monitor, inspect, or
review any approved continuing education activity and, upon evidence of significant
variation in the program presented from the program approved, to disapprove all or any part
of the approved hours granted the activity.
Proposed law requires any person or organization sponsoring or conducting an approved
program to submit, on a form approved by the board, a sworn affidavit attesting to the
attendance and satisfactory completion of training of all persons in attendance. The
information shall be provided to the board within fifteen days following the presentation of
material.
Proposed law authorizes the board to initiate disciplinary action against any licensee who
knowingly falsely certifies training or who attempts through subterfuge to bypass the
requirements listed herein.
Proposed law authorizes the accredited sponsor of an approved continuing education activity
to charge a reasonable fee to that licensee registered for the activity. A licensee shall not be
required to pay an additional fee in the form of registration for ancillary activities or events
that are concurrent to the approved continuing education activity if the licensee wishes only
to attend the continuing education portion of the program.
Proposed law requires all embalmers, funeral directors, and preneed funeral planners
licensed by the board to complete a minimum of 4 hours of approved continuing education
in each period to coincide with the renewal date of the license as a requirement of license
renewal.
Proposed law provides that carryover of credit of continuing education hours shall be
permitted, but shall not exceed 8 hours.
Proposed law requires 2 of the 8 hours required over the two-year-period to be taken on the
statutes and administrative codes as they pertain to funeral service.
Proposed law provides that the maximum credit hours for participation in any course shall
not exceed that number approved by the board.
Proposed law prohibits a licensee from receiving credit for the same course more than once
during the same one-year period.
Proposed law provides that no credit shall be granted for partial completion of any
continuing education activity unless the partially completed portion represents a full clock
hour of said program.
Proposed law provides that a licensee who conducts an approved course may receive credit
for attendance at continuing education. HLS 10RS-1334 ORIGINAL
HB NO. 1116
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that continuing education requirements for individuals licensed by
examination shall be waived for the first-time renewal of license.
Proposed law provides that credit shall be given for approved continuing education courses
completed in-state, out-of-state, online, or conducted in-house at the licensee's place of
employment.
Proposed law provides that licensees in an inactive status shall be exempted from the
continuing education requirement.
Proposed law provides that any licensee changing from the inactive status to an active status
shall meet the continuing education requirement as soon as possible.
Proposed law provides that licensees in an active military status shall be exempted from the
continuing education requirement.
Proposed law provides that licensees who are 65 years of age and older shall be exempt from
the continuing education requirements.
Proposed law provides that, upon request, the board, or the executive director on behalf of
the board, may authorize partial or full exemption to the continuing education requirements
based upon an extreme personal or family hardship. The request shall be made at least 30
days prior to the expiration of license and the board shall require documentation of the
hardship.
Proposed law provides that it shall be the responsibility of the board and the individual
licensee to maintain records of continuing education.
Proposed law requires all records pertaining to continuing education training to be retained
by the accredited sponsor for a period of not less than 2 years and shall be subject to
examination by the board.
Proposed law provides that any licensee who fails to comply fully with the continuing
education requirements shall not be allowed to renew a license.
Proposed law provides that a licensee shall be allowed to reinstate the license only after
application to the board, satisfactory completion of the required continuing education, and
payment of an application fee as approved by the board.
(Amends R.S. 37:842(E), 844, 845(3), 846(A), and 861; Adds R.S. 37:831(80)-(86), 842(F),
845(10), and 891-897)