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ACT No. 264
Regular Session, 2014
HOUSE BILL NO. 1002
BY REPRESENTATIVE RITCHIE
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
§831. Definitions19
For purposes of this Chapter and implementation thereof, the following terms20
shall have the meaning as defined herein, unless the context clearly indicates21
otherwise:22
* * *23 ENROLLEDHB NO. 1002
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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 license22
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) Has obtained a high school diploma or its equivalent.27
(3) Is found by the board to be of good moral character and temperate habits.28
(3)(a) (4) Has successfully completed a minimum of thirty semester hours29
in an accredited college or university, as recognized by the board and evidenced by30 ENROLLEDHB NO. 1002
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a transcript of credits from such college or university. as evidenced by a certified1
copy of the transcript of the college or university. The minimum subject hours shall2
include twenty-one semester hours of the basic freshman courses, which include but3
are not limited to the following: English, mathematics, bookkeeping, accounting,4
business mathematics, psychology, history, science, business administration,5
biology, economics, chemistry, and marketing or such other minimum hours as the6
law may provide. Remedial classes and courses such as music, the arts, physical7
education, and sports shall not be considered as accepted courses.8
(b) Any intern duly registered with the board shall be required to have9
completed thirty semester hours in an accredited college or university, as recognized10
by the board and evidenced by a certified transcript of credits from such college or11
university.12
(4) (5) Has served as an apprentice for a period of not less than one year in13
the State of Louisiana. Has served an internship in the state of Louisiana for a period14
of not less than nine months, or thirty-nine weeks, and not more than twenty-four15
months, or one hundred four weeks, has actively assisted in at least thirty funerals,16
and has completed at least one thousand five hundred sixty contact hours during the17
internship period. A funeral director intern may receive credit for up to two-thirds18
of the internship requirement prior to the completion of thirty semester hours.19
(5) (6) Has paid the application fee required by R.S. 37:845.20
(6) (7) Passes satisfactorily an examination conducted by the board relative21
to the practice of the profession of funeral directing as defined in R.S. 37:831.22
B. Qualifications for an embalmer and funeral director license. Any23
applicant shall be is qualified for license as an embalmer and funeral director if he24
meets all of the following requirements: 25
(1) Meets foregoing the requirements (1), (2), (4) and (5) set forth in26
Paragraphs (A)(1), (2), (3), and (6) of this Section for funeral directors.27
(2) Is a graduate of a high school as evidenced by a diploma.28 ENROLLEDHB NO. 1002
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(3) Has successfully completed a full course of not less than fifteen full1
months in the science of embalming and the profession of funeral directing at an2
accredited school of mortuary science or funeral service recognized by the board.3
(4) (3) Passes satisfactorily an examination conducted by the board relative4
to the practice of the science of embalming and the profession of funeral directing5
as defined in R.S. 37:831.6
(4) Has served an internship in the state of Louisiana for a period of not less7
than nine months, or thirty-nine weeks, and not more than twenty-four months, or8
one hundred four weeks, actively assisted in at least thirty embalming operations and9
thirty funerals and completed at least one thousand five hundred sixty contact hours10
during the internship period. An embalmer and funeral director intern may receive11
credit for up to two-thirds of the internship requirement prior to graduating from an12
accredited school recognized by the board.13
C. Any applicant is qualified for license as an embalmer or funeral director14
in this state, if he: Licensure by endorsement. Any applicant is qualified for license15
as an embalmer and funeral director or funeral director by endorsement in this state16
if he meets all of the following requirements:17
(1) Holds a valid license in full force and effect from another state or a18
provincial authority recognized by this board and by the Conference of Funeral19
Service Examining Boards, and furnishes such license, or a certified copy thereof,20
to the board, together with the certificate of the licensing authority of such state or21
province, certifying to the examination of such applicant and giving the percentage22
made in such examination, and his place of residence at the time of the examination.23
(1) Holds a license in good standing issued by another state, province, or24
jurisdiction recognized by the board that is substantially equivalent to the25
requirements of this state and who meets the requirements of this Chapter.26
(2) Furnishes to the board an affidavit or affidavits of two responsible27
persons showing that applicant had not ceased his practice of the science of28
embalming or the profession of funeral directing, as the case may be, for more than29
one year prior to making application to the board for license in Louisiana. Meets all30 ENROLLEDHB NO. 1002
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of the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section for an1
embalmer and funeral director or funeral director license.2
(3) Provides the board with evidence showing that he was then, and had been3
for at least three months, engaged in the science of embalming or the profession of4
funeral directing within the State of Louisiana. Has worked for a period of not less5
than three months within the state of Louisiana under the authority of a temporary6
license. 7
(4) Has paid with his application fee required by R.S. 37:845.8
(5) Is found by the board to be a person of good moral character and9
temperate habits, and to otherwise meet the requirements of this chapter.10
D. Qualifications for an embalmer and funeral director temporary license.11
Any applicant is qualified for an embalmer and funeral director temporary license12
by endorsement in this state if he meets the requirements of Paragraphs (A)(1), (2),13
(3), and (6) of this Section and furnishes the board with all of the following:14
(1) Proof that he holds a valid embalmer and funeral director license in good15
standing from another state, province, or jurisdiction recognized by the board. The16
board may waive this requirement in those cases where the recognized state,17
province, or jurisdiction does not license embalmers or funeral directors.18
(2) Proof that he has graduated from an accredited program in mortuary19
science recognized by the board.20
(3) Proof that he has passed a nationally recognized examination.21
(4) Proof that he has practiced the science of embalming and the profession22
of funeral directing for a period of not less than one year during the prior three-year23
period.24
(5) Proof in the form of a statement that all of the following are true:25
(a) No proceeding has been instituted against the applicant for the26
cancellation, suspension, or revocation of the license in the state, province, or27
jurisdiction that issued the license.28 ENROLLEDHB NO. 1002
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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
E. Qualifications for a funeral director temporary license. Any applicant is6
qualified for a funeral director temporary license by endorsement in this state if he7
meets the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section and8
furnishes the board with all of the following:9
(1) Proof that he holds a valid funeral director license in good standing from10
another state, province, or jurisdiction recognized by the board. The board may11
waive this requirement in those cases where the recognized state, province, or12
jurisdiction does not license funeral directors.13
(2) Proof that he has passed a recognized examination.14
(3) Proof that he has practiced the profession of funeral directing for a period15
of not less than one year during the prior three-year period.16
(4) Proof in the form of a statement that all of the following are true:17
(a) No proceeding has been instituted against the applicant for the18
cancellation, suspension, or revocation of the license in the state, province, or19
jurisdiction that issued the license.20
(b) No prosecution is pending against the applicant in a state or federal court21
for an offense that, under the laws of this state, is a felony or is a misdemeanor22
related to the science of embalming or the profession of funeral directing.23
(c) The qualifications made in the application for licensure in this state are24
correct.25
F. Any establishment where the business of funeral directing or embalming26
as defined in R.S. 37:831 is conducted within this state must shall be duly licensed.27
An establishment shall be qualified to be licensed to operate as such if it meets all28
of the following requirements:29 ENROLLEDHB NO. 1002
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(1) It is managed or to be managed by a funeral director holding a valid1
license from the state of Louisiana, who must manage the establishment on a2
full-time basis and funeral directing must be his principal occupation. It is managed3
or is to be managed by a funeral director holding a valid license from the state of4
Louisiana. The funeral director shall manage the establishment on a full-time basis5
and funeral directing shall be his principal occupation.6
(2) Embalming is performed only by an embalmer and a funeral director and7
embalmer holding a valid license from the state of Louisiana. 8
(3) It is found, after proper investigation, to meet the requirements9
established by this the board with respect to licensed personnel, registered interns,10
and those working under the authority of a temporary license, embalming facilities11
for the sanitation, disinfection, and preparation of a human body, adequate buildings,12
display rooms, furnishings, or equipment and other necessary facilities to adequately13
serve the public.14
(4) Furnishes such further information as the board may require regarding15
its qualifications and operations.16
(5) Makes payment to the board of the fee required by R.S. 37:845.17
G. Licenses issued under this Subsection D pursuant to Subsection F of this18
Section shall be for a specific name and location, and amended from time to time to19
show any change of name or location upon the payment of a charge equaling a20
license renewal fee.21
E. H. Every license issued hereunder shall be signed by the president and22
secretary of the board, and bear the imprint of the board's seal. The board shall23
register each license holder as being duly licensed for the purpose covered by such24
license.25
* * *26
§845. Fees27
The board shall require payment of fees hereunder , as follows:28
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(8) A fee to be determined by the board of not more than one hundred dollars1
from each person applying for a work permit temporary license within this state.2
* * *3
§846. Refusal to grant or renew licenses; revocation or suspension; grounds;4
hearings5
A. The board may refuse to grant, refuse to renew, or may suspend, or6
revoke any license, or impose a sanction or fine in keeping with the penalty7
provision of this Part, for any licensee or registrant when the applicant or licensee8
he is found guilty of any of the following acts or omissions:9
* * *10
(11)(a) Knowingly employing any unlicensed person or inactive licensee to11
perform the work of actual embalming or funeral directing, except that a registered12
apprentice intern may perform the work of actual embalming or funeral directing, as13
long as he is under the direct and constant supervision of a licensed embalmer or14
funeral director who is available on the same premises for consultation.15
* * *16
§854. Continuing education; requirements; enforcement; exemptions; course17
approval; provider approval; recordkeeping; fees18
* * *19
B. The continuing education requirements of this Section shall not apply to:20
* * *21
(5) Interns and student interns. Temporary licensees.22
(6) Interns.23
* * *24
§877. Authorization to arrange cremation; authorization to cremate; refusal to25
arrange a cremation; refusal to cremate26
* * *27
B. A crematory authority shall have authority to cremate human remains28
when they are delivered by the funeral establishment and upon receipt of all of the29
following:30 ENROLLEDHB NO. 1002
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(1)(a) A cremation authorization form signed by an authorizing agent. Such1
form shall contain, at a minimum, the following information:2
* * *3
(xi) The signature of the authorizing agent, attesting to the accuracy of all4
representations contained on the cremation authorization form, except for those5
representations made by the funeral director pursuant to Item (1)(b)(ii) of this6
Paragraph. The signature of the authorizing agent shall be witnessed by a funeral7
director of the funeral establishment arranging the cremation or otherwise executed8
by the authorizing agent before a notary public.9
(b)10
* * *11
(ii) The cremation authorization form, other than preneed cremation forms,12
shall also be signed by a funeral director of the funeral establishment that obtained13
arranging the cremation authorization. That The funeral director shall merely14
execute the cremation authorization form as a witness and shall not be responsible15
for any of the representations made by the authorizing agent, unless the individual16
has actual knowledge to the contrary. However, the information requested by Item17
(a)(i) of this Paragraph shall be considered to be a representation of the funeral18
director or funeral establishment that the human remains delivered to the crematory19
authority have been identified as those of the decedent listed on the cremation20
authorization by the coroner pursuant to Item (b)(iii) of this Paragraph or positively21
identified after a viewing of the remains by a person who is the authorizing agent or22
a member of the class of which the authorizing agent is composed or a designated23
representative thereof. The information requested by Item (a)(iii) of this Paragraph24
shall be considered to be a representation of the funeral director or funeral25
establishment of any information received by the funeral director or funeral26
establishment pursuant to R.S. 40:1099.1.27
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Section 2. R.S. 37:831(81) is hereby repealed in its entirety.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: