HLS 14RS-936 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1002
BY REPRESENTATIVE RITCHIE
FUNERALS & FUNERAL HOMES: Provides with respect to embalmers and funeral
directors
AN ACT1
To amend and reenact R.S. 37:831(60) and (84), 842, 845(8), 846(A)(introductory2
paragraph) and (11)(a), 854(B)(5), and 877(B)(1)(a)(xi) and (b)(ii), to enact R.S.3
37:831(88) and 854(B)(6), and to repeal R.S. 37:831(81), relative to embalmers and4
funeral directors; to define certain terms; to provide for qualifications for a funeral5
director license; to provide for qualifications for an embalmer and funeral director6
license; to provide for licensure by endorsement; to provide for qualifications for7
certain temporary licenses; to provide for the licensure of a funeral directing and8
embalming establishment; to provide for certain fees; to provide for grounds for9
suspension or revocation of licenses; to provide for exemptions from continuing10
education requirements; to require funeral directors to sign and witness signatures11
for cremations; to repeal the definition of "student intern"; and to provide for related12
matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 37:831(60) and (84), 842, 845(8), 846(A)(introductory paragraph)15
and (11)(a), 854(B)(5), and 877(B)(1)(a)(xi) and (b)(ii) are hereby amended and reenacted16
and R.S. 37:831(88) and 854(B)(6) are hereby enacted to read as follows: 17
§831. Definitions18
For purposes of this Chapter and implementation thereof, the following terms19
shall have the meaning as defined herein, unless the context clearly indicates20
otherwise:21
* * *22 HLS 14RS-936 ORIGINAL
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(60) "Intern" means a person who is duly registered as such with the board1
while in the employ of a funeral establishment and who is engaged in learning the2
practice of funeral directing, or the practice of embalming, or both as the case may3
be, under the direct instruction and personal supervision of a funeral director or4
funeral director and embalmer duly registered and licensed by the board and5
available on the same premises for consultation.6
* * *7
(84) "Unethical or unprofessional conduct" as used in this Chapter means a8
standard of personal behavior by a funeral director, or embalmer, or both, or intern,9
or individual working under the authority of a temporary license not conforming to10
accepted, professional principles of the funeral service profession.11
* * *12
(88) "Temporary license" is a license issued for a period of not more than six13
months to an individual who has been licensed for a period of not less than one year14
and who has been active as an embalmer and funeral director or funeral director in15
another state, province, or jurisdiction recognized by the board and who meets all of16
the requirements of this Part. The license entitles the holder to practice embalming17
and funeral directing or funeral directing in the state of Louisiana under the general18
supervision of a licensed establishment manager. The license shall become null and19
void if the license being endorsed is revoked, suspended, or lapsed.20
* * *21
§842. Minimum qualifications for license 22
A. Qualifications for a funeral director license. Any applicant shall be is23
qualified for license as funeral director if he meets all of the following requirements:24
(1) Is twenty-one at least eighteen years of age. or at least eighteen years of25
age and legally emancipated.26
(2) Is a graduate of a high school as evidenced by a diploma or GED.27
(3) Is found by the board to be of good moral character and temperate habits.28 HLS 14RS-936 ORIGINAL
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(3)(a) (4) Has successfully completed a minimum of thirty semester hours1
in an accredited college or university, as recognized by the board and evidenced by2
a transcript of credits from such college or university. as evidenced by a certified3
copy of the transcript of the college or university. The minimum subject hours shall4
include twenty-one semester hours of the basic freshman courses, which include but5
are not limited to the following: English, math, bookkeeping, accounting, business6
math, psychology, history, science, business administration, biology, economics,7
chemistry, and marketing or such other minimum hours as the law may provide.8
Remedial classes and courses such as music, the arts, physical education, and sports9
shall not be considered as accepted courses.10
(b) Any intern duly registered with the board shall be required to have11
completed thirty semester hours in an accredited college or university, as recognized12
by the board and evidenced by a certified transcript of credits from such college or13
university.14
(4) (5) Has served as an apprentice for a period of not less than one year in15
the State of Louisiana. Has served an internship in the state of Louisiana for a period16
of not less than nine months, or thirty-nine weeks, and not more than twenty-four17
months, or one hundred four weeks, actively assisted in at least thirty funerals and18
completed at least one thousand five hundred sixty contact hours during the19
internship period. A funeral director intern may receive credit for up to two-thirds20
of the internship requirement prior to the completion of thirty semester hours.21
(5) (6) Has paid the application fee required by R.S. 37:845.22
(6) (7) Passes satisfactorily an examination conducted by the board relative23
to the practice of the profession of funeral directing as defined in R.S. 37:831.24
B. Qualifications for an embalmer and funeral director license. Any25
applicant shall be is qualified for license as an embalmer and funeral director if he26
meets all of the following requirements: 27
(1) Meets foregoing the requirements (1), (2), (4) and (5) set forth in28
Paragraphs (A)(1), (2), (3), and (6) of this Section for funeral directors.29 HLS 14RS-936 ORIGINAL
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(2) Is a graduate of a high school as evidenced by a diploma.1
(3) Has successfully completed a full course of not less than fifteen full2
months in the science of embalming and the profession of funeral directing at an3
accredited school of mortuary science or funeral service recognized by the board.4
(4) (3) Passes satisfactorily an examination conducted by the board relative5
to the practice of the science of embalming and the profession of funeral directing6
as defined in R.S. 37:831.7
(4) Has served an internship in the state of Louisiana for a period of not less8
than nine months, or thirty-nine weeks, and not more than twenty-four months, or9
one hundred four weeks, actively assisted in at least thirty embalming operations and10
thirty funerals and completed at least one thousand five hundred sixty contact hours11
during the internship period. An embalmer and funeral director intern may receive12
credit for up to two-thirds of the internship requirement prior to graduating from an13
accredited school recognized by the board.14
C. Any applicant is qualified for license as an embalmer or funeral director15
in this state, if he: Licensure by endorsement. Any applicant is qualified for license16
as an embalmer and funeral director or funeral director by endorsement in this state17
if he meets all of the following requirements:18
(1) Holds a valid license in full force and effect from another state or a19
provincial authority recognized by this board and by the Conference of Funeral20
Service Examining Boards, and furnishes such license, or a certified copy thereof,21
to the board, together with the certificate of the licensing authority of such state or22
province, certifying to the examination of such applicant and giving the percentage23
made in such examination, and his place of residence at the time of the examination.24
(1) Holds a license in good standing issued by another state, province, or25
jurisdiction recognized by the board that is substantially equivalent to the26
requirements of this state and who meets the requirements of this Chapter.27
(2) Furnishes to the board an affidavit or affidavits of two responsible28
persons showing that applicant had not ceased his practice of the science of29 HLS 14RS-936 ORIGINAL
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embalming or the profession of funeral directing, as the case may be, for more than1
one year prior to making application to the board for license in Louisiana. Meets all2
of the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section for an3
embalmer and funeral director or funeral director license.4
(3) Provides the board with evidence showing that he was then, and had been5
for at least three months, engaged in the science of embalming or the profession of6
funeral directing within the State of Louisiana. Has worked for a period of not less7
than three months within the state of Louisiana under the authority of a temporary8
license. 9
(4) Has paid with his application fee required by R.S. 37:845.10
(5) Is found by the board to be a person of good moral character and11
temperate habits, and to otherwise meet the requirements of this chapter.12
D. Qualifications for an embalmer and funeral director temporary license.13
Any applicant is qualified for an embalmer and funeral director temporary license14
by endorsement in this state if he meets the requirements of Paragraphs (A)(1), (2),15
(3), and (6) of this Section and furnishes the board with all of the following:16
(1) Proof that he holds a valid embalmer and funeral director license in good17
standing from another state, province, or jurisdiction recognized by the board. The18
board may waive this requirement in those cases where the recognized state,19
providence, or jurisdiction does not license embalmers or funeral directors.20
(2) Proof that he has graduated from an accredited program in mortuary21
science recognized by the board.22
(3) Proof that he has passed a nationally recognized examination.23
(4) Proof that he has practiced the science of embalming and the profession24
of funeral directing for a period of not less than one year during the prior three-year25
period.26 HLS 14RS-936 ORIGINAL
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(5) Proof in the form of a statement that:1
(a) No proceeding has been instituted against the applicant for the2
cancellation, suspension, or revocation of the license in the state, province, or3
jurisdiction that issued the license.4
(b) No prosecution is pending against the applicant in a state or federal court5
for an offense that, under the laws of this state, is a felony or is a misdemeanor6
related to the science of embalming or the profession of funeral directing.7
(c) The qualifications made in the application for licensure in this state are8
correct.9
E. Qualifications for a funeral director temporary license. Any applicant is10
qualified for a funeral director temporary license by endorsement in this state if he11
meets the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section and12
furnishes the board with all of the following:13
(1) Proof that he holds a valid funeral director license in good standing from14
another state, province, or jurisdiction recognized by the board. The board may15
waive this requirement in those cases where the recognized state, providence, or16
jurisdiction does not license funeral directors.17
(2) Proof that he has passed a recognized examination.18
(3) Proof that he has practiced the profession of funeral directing for a period19
of not less than one year during the prior three-year period.20
(4) Proof in the form of a statement that:21
(a) No proceeding has been instituted against the applicant for the22
cancellation, suspension, or revocation of the license in the state, province, or23
jurisdiction that issued the license.24
(b) No prosecution is pending against the applicant in a state or federal court25
for an offense that, under the laws of this state, is a felony or is a misdemeanor26
related to the science of embalming or the profession of funeral directing.27 HLS 14RS-936 ORIGINAL
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(c) The qualifications made in the application for licensure in this state are1
correct.2
F. Any establishment where the business of funeral directing or embalming3
as defined in R.S. 37:831 is conducted within this state must shall be duly licensed.4
An establishment shall be qualified to be licensed to operate as such if it meets all5
of the following: 6
(1) It is managed or to be managed by a funeral director holding a valid7
license from the state of Louisiana, who must manage the establishment on a8
full-time basis and funeral directing must be his principal occupation. It is managed9
or is to be managed by a funeral director holding a valid license from the state of10
Louisiana. The funeral director shall manage the establishment on a full-time basis11
and funeral directing shall be his principal occupation.12
(2) Embalming is performed only by an embalmer and a funeral director and13
embalmer holding a valid license from the state of Louisiana. 14
(3) It is found, after proper investigation, to meet the requirements15
established by this the board with respect to licensed personnel, registered interns,16
and those working under the authority of a temporary license, embalming facilities17
for the sanitation, disinfection, and preparation of a human body, adequate buildings,18
display rooms, furnishings, or equipment and other necessary facilities to adequately19
serve the public.20
(4) Furnishes such further information as the board may require regarding21
its qualifications and operations.22
(5) Makes payment to the board of the fee required by R.S. 37:845.23
G. Licenses issued under this Subsection D pursuant to Subsection F of this24
Section shall be for a specific name and location, and amended from time to time to25
show any change of name or location upon the payment of a charge equaling a26
license renewal fee.27
E. H. Every license issued hereunder shall be signed by the president and28
secretary of the board, and bear the imprint of the board's seal. The board shall29 HLS 14RS-936 ORIGINAL
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register each license holder as being duly licensed for the purpose covered by such1
license.2
* * *3
§845. Fees4
The board shall require payment of fees hereunder , as follows:5
* * *6
(8) A fee to be determined by the board of not more than one hundred dollars7
from each person applying for a work permit temporary license within this state.8
* * *9
§846. Refusal to grant or renew licenses; revocation or suspension; grounds;10
hearings11
A. The board may refuse to grant, refuse to renew, or may suspend, or12
revoke any license, or impose a sanction or fine in keeping with the penalty13
provision of this Part, for any licensee or registrant when the applicant or licensee14
he is found guilty of any of the following acts or omissions:15
* * *16
(11)(a) Knowingly employing any unlicensed person or inactive licensee to17
perform the work of actual embalming or funeral directing, except that a registered18
apprentice intern may perform the work of actual embalming or funeral directing, as19
long as he is under the direct and constant supervision of a licensed embalmer or20
funeral director who is available on the same premises for consultation.21
* * *22
§854. Continuing education; requirements; enforcement; exemptions; course23
approval; provider approval; recordkeeping; fees24
* * *25
B. The continuing education requirements of this Section shall not apply to:26
* * *27
(5) Interns and student interns. Temporary licensees.28 HLS 14RS-936 ORIGINAL
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(6) Interns.1
* * *2
§877. Authorization to arrange cremation; authorization to cremate; refusal to3
arrange a cremation; refusal to cremate4
* * *5
B. A crematory authority shall have authority to cremate human remains6
when they are delivered by the funeral establishment and upon receipt of all of the7
following:8
(1)(a) A cremation authorization form signed by an authorizing agent. Such9
form shall contain, at a minimum, the following information:10
* * *11
(xi) The signature of the authorizing agent, attesting to the accuracy of all12
representations contained on the cremation authorization form, except for those13
representations made by the funeral director pursuant to Item (1)(b)(ii). The14
signature of the authorizing agent shall be witnessed by a funeral director of the15
funeral establishment arranging the cremation or otherwise executed by the16
authorizing agent before a notary public.17
(b)18
* * *19
(ii) The cremation authorization form, other than preneed cremation forms,20
shall also be signed by a funeral director of the funeral establishment that obtained21
arranging the cremation authorization. That The funeral director shall merely22
execute the cremation authorization form as a witness and shall not be responsible23
for any of the representations made by the authorizing agent, unless the individual24
has actual knowledge to the contrary. However, the information requested by Item25
(a)(i) of this Paragraph shall be considered to be a representation of the funeral26
director or funeral establishment that the human remains delivered to the crematory27
authority have been identified as the decedent listed on the cremation authorization28
by the coroner pursuant to Item (b)(iii) of this Paragraph or positively identified after29 HLS 14RS-936 ORIGINAL
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a viewing of the remains by a person who is the authorizing agent or a member of1
the class of which the authorizing agent is composed or a designated representative2
thereof. The information requested by Item (a)(iii) of this Paragraph shall be3
considered to be a representation of the funeral director or funeral establishment of4
any information received by the funeral director or funeral establishment pursuant5
to R.S. 40:1099.1.6
* * *7
Section 2. R.S. 37:831(81) is hereby repealed in its entirety.8
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)]
Ritchie HB No. 1002
Abstract: Amends provisions relative to the licensing of embalmers and funeral directors.
Present law defines terms.
Proposed law amends the terms "intern" and "unethical or unprofessional conduct" and adds
the term "temporary license". The term "temporary license" means a license valid for no
more than 6 months issued to an individual who has been licensed for less than a year and
has been an active embalmer and funeral director or funeral director in another jurisdiction.
Repeals the term "student intern".
Present law provides for the minimum qualifications for licensure as a funeral director;
embalmer and funeral director; and embalmer or funeral director.
Proposed law changes present law to provide qualifications as follows:
For a funeral director license, the applicant must:
(1)Be at least 18 years of age.
(2)Be a graduate of a high school as evidenced by a diploma or GED.
(3)Be found to be of good moral character and temperate habits.
(4)Have completed a minimum of 30 semester hours in college or university and have
taken requisite courses.
(5)Have served an in-state internship for at least 9 months but not more than 24 months,
actively assisted with at least 30 funerals and completed at least 1,560 contact hours
during the internship.
(6)Have paid the application fee.
(7)Have passed the exam. HLS 14RS-936 ORIGINAL
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For an embalmer and funeral director license, the applicant must:
(1)Be at least 18 years of age.
(2)Be a graduate of a high school as evidenced by a diploma or GED.
(3)Be found to be of good moral character and temperate habits.
(4)Have paid the application fee.
(5)Have completed a full course in the science of embalming and the profession of
funeral directing at an accredited school.
(6)Have passed the exam.
(7)Have served an in-state internship for at least 9 months but not more than 24 months,
actively assisted in at least 30 embalming operations and 30 funerals, and completed
at least 1,560 contact hours during the internship.
For licensure by endorsement, the applicant must:
(1)Hold a license in good standing from another jurisdiction recognized by the board.
(2)Be at least 18 years of age.
(3)Be a graduate of a high school as evidenced by a diploma or GED.
(4)Be found to be of good moral character and temperate habits.
(5)Have paid the application fee.
(6)Have worked for at least 3 months in state under a temporary license.
For an embalmer and funeral director temporary license, the applicant must:
(1)Be at least 18 years of age.
(2)Be a graduate of a high school as evidenced by a diploma or GED.
(3)Be found to be of good moral character and temperate habits.
(4)Have paid the application fee.
(5)Furnish the board with the following:
(a) Proof of a valid embalmer and funeral director license in good standing from
another jurisdiction.
(b)Proof that he has graduated from an accredited mortuary science program.
(c)Proof that he has passed a nationally recognized examination.
(d)Proof that he has practiced for at least 1 year within the prior 3-year period
the science of embalming and the profession of funeral directing.
(e)Proof that no proceeding has been instituted for suspension or revocation of
his license in another jurisdiction; no prosecution is pending in another
jurisdiction for a felony or misdemeanor relating to the science of embalming HLS 14RS-936 ORIGINAL
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or the profession of funeral directing; and the qualifications in his application
are correct.
For a funeral director temporary license, the applicant must:
(1)Be at least 18 years of age.
(2)Be a graduate of a high school as evidenced by a diploma or GED.
(3)Be found to be of good moral character and temperate habits.
(4)Have paid the application fee.
(5)Have passed the exam.
(6)Proof that he has practiced for at least 1 year within the prior 3-year period the
profession of funeral directing.
(7)Proof that no proceeding has been instituted for suspension or revocation of his
license in another jurisdiction; no prosecution is pending in another jurisdiction for
a felony or misdemeanor relating to the science of embalming or the profession of
funeral directing; and the qualifications in his application are correct.
Proposed law requires any establishment where the business of funeral directing or
embalming is conducted to be licensed. Proposed law provides all requirements for
licensure.
Present law provides that licenses shall be for a specific name and location, and amended
to reflect any change of name or location as needed. Present law requires the license to be
signed by the president and secretary of the board and bear the board's seal.
Proposed law retains present law.
Present law provides grounds for refusal to grant, refusal to renew, or suspension or
revocation of a license. Present law also allows the board to impose a sanction or fine.
Proposed law retains present law but updates references to terms.
Present law provides as cause for refusal to grant, suspend, or revoke a license knowingly
employing an unlicensed person or inactive licensee to perform the work of actual
embalming or funeral directing. Present law allows an exception for a registered apprentice
as long as he is under direct and constant supervision of a licensed embalmer or funeral
director.
Proposed law changes present law by changing the exception from apprentice to intern and
deleting the requirement that the supervision of the intern be direct and constant but instead
requires the licensed embalmer or funeral to be available on the same premises for
consultation.
Present law requires continuing education of its licensees. Present law also provides
exceptions to those requirements.
Proposed law provides that the continuing education requirements do not apply to temporary
licensees and interns.
Present law allows a crematory authority to have authority to cremate human remains when
they are delivered by a funeral establishment. Further requires certain information to be HLS 14RS-936 ORIGINAL
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received with regards to the remains including the signature of the authorizing agent
attesting to the accuracy of all information on the cremation authorization form.
Proposed law adds to present law the requirement that the signature of the authorizing agent
be witnessed by a funeral director of the funeral establishment arranging the cremation or
otherwise executed by the authorizing agent before a notary public.
Present law requires that the authorization form also be signed by a funeral director of the
funeral establishment that obtained the cremation authorization. Proposed law changes
present law by requiring the signature of the funeral director of the establishment that
arranges the cremation.
(Amends R.S. 37:831(60) and (84), 842, 845(8), 846(A)(intro. para.) and (11)(a), 854(B)(5),
and 877(B)(1)(a)(xi) and (b)(ii); Adds R.S. 37:831(88) and 854(B)(6); Repeals R.S.
37:831(81))