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.
(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. (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.
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.