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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(introductory paragraph) and (8),2
846(A)(introductory paragraph) and (11)(a), 854(B)(5), and 877(B)(1)(a)(xi) and3
(b)(ii), to enact R.S. 37:831(88) and 854(B)(6), and to repeal R.S. 37:831(81),4
relative to embalmers and funeral directors; to define certain terms; to provide for5
qualifications for a funeral director license; to provide for qualifications for an6
embalmer and funeral director license; to provide for licensure by endorsement; to7
provide for qualifications for certain temporary licenses; to provide for the licensure8
of a funeral directing and embalming establishment; to provide for certain fees; to9
provide for grounds for suspension or revocation of licenses; to provide for10
exemptions from continuing education requirements; to require funeral directors to11
sign and witness signatures for cremations; to repeal the definition of "student12
intern"; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 37:831(60) and (84), 842, 845(introductory paragraph) and (8),15
846(A)(introductory paragraph) and (11)(a), 854(B)(5), and 877(B)(1)(a)(xi) and (b)(ii) are16
hereby amended and reenacted and R.S. 37:831(88) and 854(B)(6) are hereby enacted to17
read as follows: 18 HLS 14RS-936 REENGROSSED
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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
(60) "Intern" means a person who is duly registered as such with the board6
while in the employ of a funeral establishment and who is engaged in learning the7
practice of funeral directing, or the practice of embalming, or both as the case may8
be, under the direct instruction and personal supervision of a funeral director or9
funeral director and embalmer duly registered and licensed by the board and10
available on the same premises for consultation.11
* * *12
(84) "Unethical or unprofessional conduct" as used in this Chapter means a13
standard of personal behavior by a funeral director, or embalmer, or both, or intern,14
or individual working under the authority of a temporary license not conforming to15
accepted, professional principles of the funeral service profession.16
* * *17
(88) "Temporary license" is a license issued for a period of not more than six18
months to an individual who has been licensed for a period of not less than one year19
and who has been active as an embalmer and funeral director or funeral director in20
another state, province, or jurisdiction recognized by the board and who meets all of21
the requirements of this Part. The license entitles the holder to practice embalming22
and funeral directing or funeral directing in the state of Louisiana under the general23
supervision of a licensed establishment manager. The license shall become null and24
void if the license being endorsed is revoked, suspended, or lapsed.25
* * *26
§842. Minimum qualifications for license27
A. Qualifications for a funeral director license. Any applicant shall be is28
qualified for license as funeral director if he meets all of the following requirements:29 HLS 14RS-936 REENGROSSED
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(1) Is twenty-one at least eighteen years of age. or at least eighteen years of1
age and legally emancipated.2
(2) Is a graduate of a high school as evidenced by a diploma or GED.3
(3) Is found by the board to be of good moral character and temperate habits.4
(3)(a) (4) Has successfully completed a minimum of thirty semester hours5
in an accredited college or university, as recognized by the board and evidenced by6
a transcript of credits from such college or university. as evidenced by a certified7
copy of the transcript of the college or university. The minimum subject hours shall8
include twenty-one semester hours of the basic freshman courses, which include but9
are not limited to the following: English, math, bookkeeping, accounting, business10
math, psychology, history, science, business administration, biology, economics,11
chemistry, and marketing or such other minimum hours as the law may provide.12
Remedial classes and courses such as music, the arts, physical education, and sports13
shall not be considered as accepted courses.14
(b) Any intern duly registered with the board shall be required to have15
completed thirty semester hours in an accredited college or university, as recognized16
by the board and evidenced by a certified transcript of credits from such college or17
university.18
(4) (5) Has served as an apprentice for a period of not less than one year in19
the State of Louisiana. Has served an internship in the state of Louisiana for a period20
of not less than nine months, or thirty-nine weeks, and not more than twenty-four21
months, or one hundred four weeks, has actively assisted in at least thirty funerals,22
and has completed at least one thousand five hundred sixty contact hours during the23
internship period. A funeral director intern may receive credit for up to two-thirds24
of the internship requirement prior to the completion of thirty semester hours.25
(5) (6) Has paid the application fee required by R.S. 37:845.26
(6) (7) Passes satisfactorily an examination conducted by the board relative27
to the practice of the profession of funeral directing as defined in R.S. 37:831.28 HLS 14RS-936 REENGROSSED
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B. Qualifications for an embalmer and funeral director license. Any1
applicant shall be is qualified for license as an embalmer and funeral director if he2
meets all of the following requirements: 3
(1) Meets foregoing the requirements (1), (2), (4) and (5) set forth in4
Paragraphs (A)(1), (2), (3), and (6) of this Section for funeral directors.5
(2) Is a graduate of a high school as evidenced by a diploma.6
(3) Has successfully completed a full course of not less than fifteen full7
months in the science of embalming and the profession of funeral directing at an8
accredited school of mortuary science or funeral service recognized by the board.9
(4) (3) Passes satisfactorily an examination conducted by the board relative10
to the practice of the science of embalming and the profession of funeral directing11
as defined in R.S. 37:831.12
(4) Has served an internship in the state of Louisiana for a period of not less13
than nine months, or thirty-nine weeks, and not more than twenty-four months, or14
one hundred four weeks, actively assisted in at least thirty embalming operations and15
thirty funerals and completed at least one thousand five hundred sixty contact hours16
during the internship period. An embalmer and funeral director intern may receive17
credit for up to two-thirds of the internship requirement prior to graduating from an18
accredited school recognized by the board.19
C. Any applicant is qualified for license as an embalmer or funeral director20
in this state, if he: Licensure by endorsement. Any applicant is qualified for license21
as an embalmer and funeral director or funeral director by endorsement in this state22
if he meets all of the following requirements:23
(1) Holds a valid license in full force and effect from another state or a24
provincial authority recognized by this board and by the Conference of Funeral25
Service Examining Boards, and furnishes such license, or a certified copy thereof,26
to the board, together with the certificate of the licensing authority of such state or27
province, certifying to the examination of such applicant and giving the percentage28
made in such examination, and his place of residence at the time of the examination.29 HLS 14RS-936 REENGROSSED
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(1) Holds a license in good standing issued by another state, province, or1
jurisdiction recognized by the board that is substantially equivalent to the2
requirements of this state and who meets the requirements of this Chapter.3
(2) Furnishes to the board an affidavit or affidavits of two responsible4
persons showing that applicant had not ceased his practice of the science of5
embalming or the profession of funeral directing, as the case may be, for more than6
one year prior to making application to the board for license in Louisiana. Meets all7
of the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section for an8
embalmer and funeral director or funeral director license.9
(3) Provides the board with evidence showing that he was then, and had been10
for at least three months, engaged in the science of embalming or the profession of11
funeral directing within the State of Louisiana. Has worked for a period of not less12
than three months within the state of Louisiana under the authority of a temporary13
license. 14
(4) Has paid with his application fee required by R.S. 37:845.15
(5) Is found by the board to be a person of good moral character and16
temperate habits, and to otherwise meet the requirements of this chapter.17
D. Qualifications for an embalmer and funeral director temporary license.18
Any applicant is qualified for an embalmer and funeral director temporary license19
by endorsement in this state if he meets the requirements of Paragraphs (A)(1), (2),20
(3), and (6) of this Section and furnishes the board with all of the following:21
(1) Proof that he holds a valid embalmer and funeral director license in good22
standing from another state, province, or jurisdiction recognized by the board. The23
board may waive this requirement in those cases where the recognized state,24
province, or jurisdiction does not license embalmers or funeral directors.25
(2) Proof that he has graduated from an accredited program in mortuary26
science recognized by the board.27
(3) Proof that he has passed a nationally recognized examination.28 HLS 14RS-936 REENGROSSED
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(4) Proof that he has practiced the science of embalming and the profession1
of funeral directing for a period of not less than one year during the prior three-year2
period.3
(5) Proof in the form of a statement that:4
(a) No proceeding has been instituted against the applicant for the5
cancellation, suspension, or revocation of the license in the state, province, or6
jurisdiction that issued the license.7
(b) No prosecution is pending against the applicant in a state or federal court8
for an offense that, under the laws of this state, is a felony or is a misdemeanor9
related to the science of embalming or the profession of funeral directing.10
(c) The qualifications made in the application for licensure in this state are11
correct.12
E. Qualifications for a funeral director temporary license. Any applicant is13
qualified for a funeral director temporary license by endorsement in this state if he14
meets the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section and15
furnishes the board with all of the following:16
(1) Proof that he holds a valid funeral director license in good standing from17
another state, province, or jurisdiction recognized by the board. The board may18
waive this requirement in those cases where the recognized state, province, or19
jurisdiction does not license funeral directors.20
(2) Proof that he has passed a recognized examination.21
(3) Proof that he has practiced the profession of funeral directing for a period22
of not less than one year during the prior three-year period.23
(4) Proof in the form of a statement that:24
(a) No proceeding has been instituted against the applicant for the25
cancellation, suspension, or revocation of the license in the state, province, or26
jurisdiction that issued the license.27 HLS 14RS-936 REENGROSSED
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(b) No prosecution is pending against the applicant in a state or federal court1
for an offense that, under the laws of this state, is a felony or is a misdemeanor2
related to the science of embalming or the profession of funeral directing.3
(c) The qualifications made in the application for licensure in this state are4
correct.5
F. Any establishment where the business of funeral directing or embalming6
as defined in R.S. 37:831 is conducted within this state must shall be duly licensed.7
An establishment shall be qualified to be licensed to operate as such if it meets all8
of the following requirements:9
(1) It is managed or to be managed by a funeral director holding a valid10
license from the state of Louisiana, who must manage the establishment on a11
full-time basis and funeral directing must be his principal occupation. It is managed12
or is to be managed by a funeral director holding a valid license from the state of13
Louisiana. The funeral director shall manage the establishment on a full-time basis14
and funeral directing shall be his principal occupation.15
(2) Embalming is performed only by an embalmer and a funeral director and16
embalmer holding a valid license from the state of Louisiana. 17
(3) It is found, after proper investigation, to meet the requirements18
established by this the board with respect to licensed personnel, registered interns,19
and those working under the authority of a temporary license, embalming facilities20
for the sanitation, disinfection, and preparation of a human body, adequate buildings,21
display rooms, furnishings, or equipment and other necessary facilities to adequately22
serve the public.23
(4) Furnishes such further information as the board may require regarding24
its qualifications and operations.25
(5) Makes payment to the board of the fee required by R.S. 37:845.26
G. Licenses issued under this Subsection D pursuant to Subsection F of this27
Section shall be for a specific name and location, and amended from time to time to28 HLS 14RS-936 REENGROSSED
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show any change of name or location upon the payment of a charge equaling a1
license renewal fee.2
E. H. Every license issued hereunder shall be signed by the president and3
secretary of the board, and bear the imprint of the board's seal. The board shall4
register each license holder as being duly licensed for the purpose covered by such5
license.6
* * *7
§845. Fees8
The board shall require payment of fees hereunder , as follows:9
* * *10
(8) A fee to be determined by the board of not more than one hundred dollars11
from each person applying for a work permit temporary license within this state.12
* * *13
§846. Refusal to grant or renew licenses; revocation or suspension; grounds;14
hearings15
A. The board may refuse to grant, refuse to renew, or may suspend, or16
revoke any license, or impose a sanction or fine in keeping with the penalty17
provision of this Part, for any licensee or registrant when the applicant or licensee18
he is found guilty of any of the following acts or omissions:19
* * *20
(11)(a) Knowingly employing any unlicensed person or inactive licensee to21
perform the work of actual embalming or funeral directing, except that a registered22
apprentice intern may perform the work of actual embalming or funeral directing, as23
long as he is under the direct and constant supervision of a licensed embalmer or24
funeral director who is available on the same premises for consultation.25
* * *26
§854. Continuing education; requirements; enforcement; exemptions; course27
approval; provider approval; recordkeeping; fees28
* * *29 HLS 14RS-936 REENGROSSED
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B. The continuing education requirements of this Section shall not apply to:1
* * *2
(5) Interns and student interns. Temporary licensees.3
(6) Interns.4
* * *5
§877. Authorization to arrange cremation; authorization to cremate; refusal to6
arrange a cremation; refusal to cremate7
* * *8
B. A crematory authority shall have authority to cremate human remains9
when they are delivered by the funeral establishment and upon receipt of all of the10
following:11
(1)(a) A cremation authorization form signed by an authorizing agent. Such12
form shall contain, at a minimum, the following information:13
* * *14
(xi) The signature of the authorizing agent, attesting to the accuracy of all15
representations contained on the cremation authorization form, except for those16
representations made by the funeral director pursuant to Item (1)(b)(ii) of this17
Paragraph. The signature of the authorizing agent shall be witnessed by a funeral18
director of the funeral establishment arranging the cremation or otherwise executed19
by the authorizing agent before a notary public.20
(b)21
* * *22
(ii) The cremation authorization form, other than preneed cremation forms,23
shall also be signed by a funeral director of the funeral establishment that obtained24
arranging the cremation authorization. That The funeral director shall merely25
execute the cremation authorization form as a witness and shall not be responsible26
for any of the representations made by the authorizing agent, unless the individual27
has actual knowledge to the contrary. However, the information requested by Item28
(a)(i) of this Paragraph shall be considered to be a representation of the funeral29 HLS 14RS-936 REENGROSSED
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director or funeral establishment that the human remains delivered to the crematory1
authority have been identified as the decedent listed on the cremation authorization2
by the coroner pursuant to Item (b)(iii) of this Paragraph or positively identified after3
a viewing of the remains by a person who is the authorizing agent or a member of4
the class of which the authorizing agent is composed or a designated representative5
thereof. The information requested by Item (a)(iii) of this Paragraph shall be6
considered to be a representation of the funeral director or funeral establishment of7
any information received by the funeral director or funeral establishment pursuant8
to R.S. 40:1099.1.9
* * *10
Section 2. R.S. 37:831(81) is hereby repealed in its entirety.11
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 six 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. HLS 14RS-936 REENGROSSED
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(5)Have served an instate internship for at least nine 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.
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 instate internship for at least nine 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 three months instate 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. HLS 14RS-936 REENGROSSED
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(c)Proof that he has passed a nationally recognized examination.
(d)Proof that he has practiced for at least one year within the prior three-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
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 one year within the prior three-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 director to be available on the same premises for
consultation. HLS 14RS-936 REENGROSSED
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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
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(intro.para.) and (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))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.