Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1002 Comm Sub / Analysis

                    Ritchie (HB 1002)	Act No. 264 
With respect to the licensing of embalmers and funeral directors, existing law defines terms.
New 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 1 year and has been an
active embalmer and funeral director or funeral director in another jurisdiction.  New law
repeals the term "student intern".
Prior law provided for certain minimum qualifications for licensure as a funeral director,
embalmer and funeral director.
New law changes prior law to provide qualifications as follows:
To meet the qualifications for a funeral director license, the applicant must:
(1)Be at least 18 years of age.
(2)Have 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 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.
To meet the qualifications for an embalmer and funeral director license, the applicant must:
(1)Be at least 18 years of age.
(2)Have 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 9 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.
To meet the qualifications 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)Have 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 3 months in the state of La. under a temporary license.
To meet the qualifications for an embalmer and funeral director temporary license, the
applicant must:
(1)Be at least 18 years of age.
(2)Have 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 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
or the profession of funeral directing, and the qualifications in his application
are correct. 
To meet the qualifications for a funeral director temporary license, the applicant must:
(1)Be at least 18 years of age.
(2)Have 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)Prove that he has practiced for at least 1 year within the prior 3-year period the
profession of funeral directing.
(7)Prove 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. 
New law requires any establishment where the business of funeral directing or embalming
is conducted to be licensed.  New law provides all requirements for licensure.
Existing law requires licenses to be for a specific name and location and amended to reflect
any change of name or location as needed.  Existing law requires the license to be signed by
the president and secretary of the board and bear the board's seal.
Existing law provides grounds for refusal to grant, refusal to renew, or suspension or
revocation of a license.  Existing law also allows the board to impose a sanction or fine.
New law updates references to terms. Existing 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. Prior law allowed an exception for a registered apprentice
as long as he is under direct and constant supervision of a licensed embalmer or funeral
director.
New law amends prior 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.
Existing law requires continuing education of its licensees.  Existing law also provides
exceptions to those requirements.
New law provides that the continuing education requirements do not apply to temporary
licensees and interns.
Existing 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 regard to the remains including the signature of the authorizing agent attesting
to the accuracy of all information on the cremation authorization form.
New law adds to existing 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.
Prior law required that the authorization form also be signed by a funeral director of the
funeral establishment that obtained the cremation authorization.  New law changes prior law
by requiring the signature of the funeral director of the establishment that arranges the
cremation.
Effective Aug. 1, 2014.
(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))