ENROLLED
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ACT No. 176
Regular Session, 2012
HOUSE BILL NO. 161
BY REPRESENTATIVE RITCHIE
AN ACT1
To amend and reenact R.S. 37:846(A)(11) and to enact R.S. 37:831(80) through (87),2
846(A)(20), and 854, relative to embalmers and funeral directors; to create a3
continuing education program; to provide for definitions; to provide for powers and4
duties of the board; to provide for renewal of licenses; to provide for requirements5
and enforcement; to provide an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:846(A)(11) is hereby amended and reenacted and R.S. 37:831(80)8
through (87), 846(A)(20), and 854 are hereby enacted to read as follows: 9
§831. Definitions10
For purposes of this Chapter and implementation thereof, the following terms11
shall have the meaning as defined herein, unless the context clearly indicates12
otherwise:13
* * *14
(80) "Active licensee" means an individual that holds a funeral director or15
embalmer and funeral director license issued by the board and who has complied16
with all requirements of this Chapter.17
(81) "Approved continuing education program" means a continuing18
education program activity which is approved by the board.19
(82) "Approved provider" means any continuing education provider20
approved by the board.21
(83) "Continuing education" means that education which is obtained by a22
licensee through education processes in order to develop, maintain, improve, or23
expand skills and knowledge.24 ENROLLEDHB NO. 161
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(84) "Embalmer and funeral director" means a person to whom a valid1
license has been issued by the board to perform the duties of embalming and funeral2
directing.3
(85) "Hour of continuing education" means a unit of measurement equivalent4
to an organized learning experience of fifty consecutive minutes.5
(86) "Inactive licensee" means an individual that holds a funeral director or6
embalmer and funeral director license issued by the board not practicing in any7
capacity in this state and who has not met the requirements of R.S. 37:854.8
(87) "Program instructor" means an organization or person who conducts or9
presents continuing education to licensees.10
* * *11
§846. Refusal to grant or renew licenses; revocation or suspension; grounds;12
hearings13
A. The board may refuse to grant, refuse to renew, or may suspend or revoke14
any license, or impose a sanction or fine in keeping with the penalty provision of this15
Part, when the applicant or licensee is found guilty of any of the following acts or16
omissions:17
* * *18
(11)(a) The employment Knowingly employing any unlicensed person or19
inactive licensee to perform the work of actual embalming or funeral directing,20
except that a registered apprentice may perform the work of actual embalming or21
funeral directing, as long as he is under the direct and constant supervision of a22
licensed embalmer or funeral director.23
(b) The employment of Knowingly employing any unlicensed person to24
engage in the practice of cremation or to operate a cremation retort.25
* * *26
(20) Knowingly and falsely certifying training or attempting through27
subterfuge to bypass the requirements for continuing education.28
* * *29 ENROLLEDHB NO. 161
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§854. Continuing education; requirements; enforcement; exemptions; course1
approval; provider approval; recordkeeping; fees2
A. As a condition of renewal, each active licensee shall complete four hours3
per licensing period of continuing education in accordance with the provisions of4
Subsection D of this Section subject to the following:5
(1) A maximum of eight hours of continuing education may be carried over6
and applied to the required hours for subsequent licensing periods, up to four hours7
each period for a maximum of two periods.8
(2) Continuing education programs may be offered in person or though other9
means, including but not limited to distance learning, videotape, audiotape,10
teleconference, satellite seminar, webconferencing, Internet course work,11
correspondence course work, or any other means approved by the board.12
(3) Credit shall not be given for the same course more than once during any13
two consecutive licensing periods.14
(4) Credit of attendance may be given to a licensee who conducts a15
continuing education program.16
(5) Credit shall be given for completion of any continuing education program17
upon submission of evidence of completion issued by a provider or program18
instructor in accordance with Subsection D of this Section.19
B. The continuing education requirements of this Section shall not apply to:20
(1) First-time license renewals.21
(2) Licensees who are sixty-five years of age or older at the time of renewal22
and who have been licensed for a period of not less than ten consecutive years.23
(3) Licensees who have been called to active military duty status.24
(4) Inactive licensees during any licensing period in which they remain25
inactive; however, an inactive licensee changing status to an active licensee shall26
first meet the continuing education requirements.27
(5) Interns and student interns.28
C.(1) Any licensee who seeks credit for participation in an educational29
activity not provided for in Subsection D of this Section may submit a request for30 ENROLLEDHB NO. 161
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subsequent approval of the activity. Such application shall be in a form approved by1
the board and shall be submitted within thirty days of the completion of the activity.2
(2) The board shall approve or reject the application within five working3
days of receipt and shall notify the licensee in writing of the action.4
(3) An appeal of the rejection of an application may be made in writing to5
the board within fifteen days of notification of the rejection. The board shall rule on6
the appeal at the next scheduled meeting of the board.7
D.(1) The continuing education program required by this Section shall be8
satisfied by:9
(a) Courses recognized by the Academy of Professional Funeral Service10
Practice or offered by the Louisiana Funeral Directors Association or the Louisiana11
Funeral Directors and Morticians Association.12
(b) Courses approved by the board or its designee that do not meet the13
standards in Subparagraph (a) of this Paragraph.14
(2) Continuing education programs may be open and available to all15
licensees or closed and restricted as determined by the sponsor, approved provider,16
or program instructor.17
(3) The number of continuing education hours for a specific program shall18
be determined and announced by the provider or program instructor.19
(4) The board shall maintain a listing of approved continuing education20
programs, approved providers, and program instructors.21
(5) The board may monitor, inspect, or review any board-approved22
continuing education activity. If a determination is made that the program as23
presented varied significantly from the program as approved, the board may disallow24
all or part of the continuing education hours granted for the activity.25
E.(1) Board-approved providers and program instructors shall:26
(a) Submit, within ten days of completion of the activity and on a form27
approved by the board, a statement attesting to the satisfactory completion of all28
participating licensees.29 ENROLLEDHB NO. 161
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(b) Retain all records pertaining to approved continuing education programs1
for a period of not less than three years, which records shall be subject to2
examination by the board upon its request.3
(2) The board shall maintain records of current hours of continuing education4
for each licensee, and each individual licensee shall maintain his own records of his5
current hours of continuing education.6
(3) The board shall, as a part of the application process for license renewal,7
inform each licensee of the current number of hours of continuing education in the8
licensee's file.9
F. The sponsor, provider, or program instructor conducting a continuing10
education program may charge a fee to each licensee attending the program.11
G. Any licensee who meets all the requirements of this Chapter, with the12
exception of the required hours of continuing education, shall become an inactive13
licensee.14
Section 2. This Act shall become effective on January 1, 2013.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: