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Prepared by Michelle Ducharme.
Ritchie HB No. 1002
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
FUNERALS & FUNERAL HOMES. Provides with respect to embalmers and funeral
directors
DIGEST
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.
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)Has obtained a high school diploma or its equivalent.
(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)Has obtained a high school diploma or its equivalent.
(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. Page 2 of 4
Prepared by Michelle Ducharme.
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)Has obtained a high school diploma or its equivalent.
(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)Has obtained a high school diploma or its equivalent.
(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)Has obtained a high school diploma or its equivalent.
(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. Page 3 of 4
Prepared by Michelle Ducharme.
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the reengrossed bill Page 4 of 4
Prepared by Michelle Ducharme.
1. Requires an applicant for licensure to have a high school diploma or its
equivalent.