Louisiana 2015 2015 Regular Session

Louisiana House Bill HB554 Engrossed / Bill

                    HLS 15RS-1170	ENGROSSED
2015 Regular Session
HOUSE BILL NO. 554
BY REPRESENTATIVE RITCHIE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNERALS & FUNERAL HOMES:  Provides relative to licensed embalmers and funeral
directors and related funeral establishments
1	AN ACT
2To amend and reenact R.S. 37:831(introductory paragraph) and (10) and (44) and 842(F)(1)
3 through (3), relative to state licensed embalmers and funeral directors; to provide for
4 definitions relative to branch and funeral establishments; to provide for authorized
5 embalming performed by supervised registered interns; to require a minimum
6 number of caskets in display rooms of funeral establishments; to provide with
7 respect to funeral establishment management; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 37:831(introductory paragraph) and (10) and (44) and 842(F)(1)
10through (3) are hereby amended and reenacted to read as follows: 
11 §831.  Definitions
12	For purposes of this Chapter and implementation thereof, the following terms
13 shall have the meaning as defined herein, unless the context clearly indicates
14 otherwise:
15	*          *          *
16	(10)  "Branch establishment" means an auxiliary facility or division of a main
17 funeral establishment licensed under the provisions of this Chapter and used for the
18 care, embalming, or disposition of dead human bodies a licensed funeral
19 establishment devoted to or used in the care of the body of a deceased person, or
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HB NO. 554
1 maintained or held out to the public, by advertising or otherwise, as the office or
2 place for the practice of funeral directing.  Ownership of the branch is identical to
3 the ownership of the main funeral establishment controlling the branch, and such
4 establishment can practically be served by the licensed personnel of the main
5 establishment.
6	*          *          *
7	(44)  "Funeral establishment" means any place or premises duly licensed by
8 the board and devoted to or used in the care and preparation for burial disposition of
9 the body of a deceased person or maintained or held out to the public by advertising
10 or otherwise as the office or place for the practice of funeral directing.
11	*          *          *
12 §842.  Minimum qualifications for license
13	*          *          *
14	F.  Any establishment where the business of funeral directing or embalming
15 as defined in R.S. 37:831 is conducted within this state shall be duly licensed.  An
16 establishment shall be qualified to be licensed to operate as such if it meets all of the
17 following requirements:
18	(1)  It is managed or is to be managed by a funeral director holding a valid
19 license, other than a temporary license, from the state of Louisiana.  The funeral
20 director shall manage the establishment on a full-time basis and funeral directing
21 shall be his principal occupation.
22	(2)  Embalming is performed only by an embalmer and funeral director
23 holding a valid license from the state of Louisiana or a registered intern under the
24 supervision of a state-licensed embalmer and funeral director.
25	(3)(a)  It is found, after proper investigation to meet the requirements
26 established by the board with respect to all of the following:
27	(i)  licensed personnel, Licensed personnel, including those working under
28 the authority of a temporary license. 
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HB NO. 554
1	(ii)  registered Registered interns, and those working under the authority of
2 a temporary license,.
3	(iii)  embalming Embalming facilities for the sanitation, disinfection, and
4 preparation of a human body,. 
5	(iv)  adequate Adequate buildings,. 
6	(v)  display Display rooms for displaying funeral merchandise consisting of,
7 but not limited to a minimum of six adult caskets of a variety of styles and quality.
8	(vi) Other necessary facilities,  furnishings, or and equipment and other
9 necessary facilities to adequately serve the public.
10	(b)  The embalming facilities and display rooms described in this Paragraph
11 are required in every funeral establishment that is not a branch establishment.
12	*          *          *
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)]
HB 554 Engrossed 2015 Regular Session	Ritchie
Abstract:  Provides relative to embalmers and funeral directors and related establishments.
Present law defines a "branch establishment" as an auxiliary facility or division of a main
funeral establishment licensed pursuant to present law and used for the care, embalming, or
disposition of dead human bodies. 
Proposed law defines a "branch establishment" as a licensed funeral establishment devoted
to or used in the care of a deceased person's body, or maintained or publically advertised as
the office or place for the practice of funeral directing.  Further provides that branch
ownership is identical to the ownership of the main funeral establishment controlling it, and
such branch can practically be served by the licensed personnel of the main establishment.
Present law defines a "funeral establishment" as any place or premises duly licensed and
devoted to or used in the care and preparation for burial of a deceased person's body, or
maintained or publically advertised as the office or place for the practice of funeral directing. 
Proposed law changes the term "burial" to "disposition" but otherwise retains present law.
Present law requires an establishment conducting the business of funeral directing or
embalming to be managed by a funeral director holding a valid license in the state of La. 
Proposed law retains present law and excludes a temporary license as such valid license.  
Present law requires an establishment conducting the business of funeral directing or
embalming to perform embalming only by an embalmer and funeral director holding a valid
license in the state of La.  Proposed law retains present law and authorizes a registered
intern, supervised by a state licensed embalmer and funeral director, to perform embalming. 
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HB NO. 554
Present law provides for an establishment conducting the business of funeral directing or
embalming to meet certain personnel and facility requirements.  Proposed law retains present
law but adds the requirement for display rooms of such establishments to display funeral
merchandise consisting of, but not limited to, a minimum of 6 adult caskets of a variety of
styles and quality.
Proposed law requires embalming facilities and display rooms described in present law and
proposed law to be in every funeral establishment that is not a branch establishment.
(Amends R.S. 37:831(intro. para.) and (10) and (44) and 842(F)(1)-(3))
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