| 46 | | - | for medical purposes. 33 General Assembly Of North Carolina Session 2025 |
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| 47 | | - | Page 2 House Bill 1003-First Edition |
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| 48 | | - | (4) "Casket" means a Casket. – A rigid container that is designed for the 1 |
|---|
| 49 | | - | encasement of human remains and that is usually constructed of wood, metal, 2 |
|---|
| 50 | | - | or other material and ornamented and lined with fabric, and which may or may 3 |
|---|
| 51 | | - | not be combustible. 4 |
|---|
| 52 | | - | (5) "Certificate of cremation" means a Certificate of cremation. – A certificate 5 |
|---|
| 53 | | - | provided by the crematory manager who performed the cremation containing, 6 |
|---|
| 54 | | - | at a minimum, all of the following information: 7 |
|---|
| 55 | | - | a. Name of decedent;decedent. 8 |
|---|
| 56 | | - | b. Date of cremation;cremation. 9 |
|---|
| 57 | | - | c. Name and address of crematory; andcrematory. 10 |
|---|
| 58 | | - | d. Signature of crematory manager or person acting as crematory 11 |
|---|
| 59 | | - | manager. 12 |
|---|
| 60 | | - | (6) "Cremated remains" means all Cremated remains. – All human remains 13 |
|---|
| 61 | | - | recovered after the completion of the cremation process, including 14 |
|---|
| 62 | | - | pulverization which leaves only bone fragments reduced to unidentifiable 15 |
|---|
| 63 | | - | dimensions. 16 |
|---|
| 64 | | - | (7) "Cremation" means the Cremation. – The technical process, using intense heat 17 |
|---|
| 65 | | - | and flame, that reduces human remains to bone fragments. Cremation includes 18 |
|---|
| 66 | | - | the processing and may include the pulverization of the bone fragments. 19 |
|---|
| 67 | | - | (8) "Cremation chamber" means the Cremation chamber. – The enclosed space 20 |
|---|
| 68 | | - | within which the cremation process takes place. Cremation chambers covered 21 |
|---|
| 69 | | - | by this Article shall be used exclusively for the cremation of human remains. 22 |
|---|
| 70 | | - | (9) "Cremation container" means the Cremation container. – The container in 23 |
|---|
| 71 | | - | which the human remains are transported to the crematory or placed therein 24 |
|---|
| 72 | | - | upon arrival for storage and placement in a cremation chamber for cremation. 25 |
|---|
| 73 | | - | A cremation container shall comply with all of the following standards: 26 |
|---|
| 74 | | - | a. Be composed of readily combustible materials suitable for 27 |
|---|
| 75 | | - | cremation;cremation. 28 |
|---|
| 76 | | - | b. Be able to be closed in order to provide a complete covering for the 29 |
|---|
| 77 | | - | human remains;remains. 30 |
|---|
| 78 | | - | c. Be resistant to leakage or spillage;spillage. 31 |
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| 79 | | - | d. Be rigid enough for handling with ease;ease. 32 |
|---|
| 80 | | - | e. Be able to provide protection for the health, safety, and personal 33 |
|---|
| 81 | | - | integrity of crematory personnel; andpersonnel. 34 |
|---|
| 82 | | - | f. Be easily identifiable. The covering of the cremation container shall 35 |
|---|
| 83 | | - | contain all of the following information: 36 |
|---|
| 84 | | - | 1. The name of the decedent;decedent. 37 |
|---|
| 85 | | - | 2. The date of death;death. 38 |
|---|
| 86 | | - | 3. The sex of the decedent; anddecedent. 39 |
|---|
| 87 | | - | 4. The age at death of the decedent. 40 |
|---|
| 88 | | - | (10) "Cremation interment container" means a Cremation interment container. – A 41 |
|---|
| 89 | | - | rigid outer container composed of concrete, steel, fiberglass, or some similar 42 |
|---|
| 90 | | - | material in which an urn is placed prior to being interred in the ground and 43 |
|---|
| 91 | | - | which is designed to withstand prolonged exposure to the elements and to 44 |
|---|
| 92 | | - | support the earth above the urn. 45 |
|---|
| 93 | | - | (11) "Crematory" or "crematorium" means the Crematory or crematorium. – The 46 |
|---|
| 94 | | - | building or buildings or portion of a building on a single site that houses the 47 |
|---|
| 95 | | - | cremation equipment, the holding and processing facilities, the business 48 |
|---|
| 96 | | - | office, and other parts of the crematory business. A crematory must comply 49 |
|---|
| 97 | | - | with all applicable public health and environmental laws and rules and must 50 General Assembly Of North Carolina Session 2025 |
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| 98 | | - | House Bill 1003-First Edition Page 3 |
|---|
| 99 | | - | contain the equipment and meet all of the standards established by the rules 1 |
|---|
| 100 | | - | adopted by the Board. 2 |
|---|
| 101 | | - | (12) "Crematory licensee" means the Crematory licensee. – The individual or legal 3 |
|---|
| 102 | | - | entity that is licensed by the Board holds a license to operate a crematory and 4 |
|---|
| 103 | | - | perform cremations. 5 |
|---|
| 104 | | - | (13) "Crematory manager" means the Crematory manager. – The person who is 6 |
|---|
| 105 | | - | responsible for the daily management and operation of the crematory. A 7 |
|---|
| 106 | | - | crematory manager must either be licensed to practice funeral directing or 8 |
|---|
| 107 | | - | funeral service and be qualified as a crematory technician or must obtain a 9 |
|---|
| 108 | | - | crematory manager permit issued by the Board. In order to receive a crematory 10 |
|---|
| 109 | | - | manager permit, a person must:must meet all of the following criteria: 11 |
|---|
| 110 | | - | a. Be at least 18 years of age. 12 |
|---|
| 111 | | - | b. Be of good moral character. 13 |
|---|
| 112 | | - | c. Be qualified as a crematory technician. 14 |
|---|
| 113 | | - | Notwithstanding any other provision of law, a crematory that is licensed by 15 |
|---|
| 114 | | - | the Board prior to January 1, 2004, and as of that date is not managed by a 16 |
|---|
| 115 | | - | crematory manager who is licensed to practice funeral directing or funeral 17 |
|---|
| 116 | | - | service, or who has a crematory manager permit, may continue to be managed 18 |
|---|
| 117 | | - | by a crematory manager who is not licensed to practice funeral directing or 19 |
|---|
| 118 | | - | funeral service or who does not have a crematory manager permit so long as 20 |
|---|
| 119 | | - | there is no sale, transfer, devise, gift, or any other disposal of a controlling 21 |
|---|
| 120 | | - | interest in the crematory. 22 |
|---|
| 121 | | - | (13a) "Cremation society" means any Cremation society. – Any person, firm, 23 |
|---|
| 122 | | - | corporation, or organization that is affiliated with a crematory licensed under 24 |
|---|
| 123 | | - | this Article and provides cremation information to consumers. 25 |
|---|
| 124 | | - | (14) "Crematory technician" means any Crematory technician. – Any employee of 26 |
|---|
| 125 | | - | a crematory licensee who has a certificate confirming that the crematory 27 |
|---|
| 126 | | - | technician has attended a training course approved by the Board. The Board 28 |
|---|
| 127 | | - | shall recognize the cremation certificate program that is conducted by the 29 |
|---|
| 128 | | - | Cremation Association of North America (CANA). 30 |
|---|
| 129 | | - | (15) "Final disposition" means the Final disposition. – The cremation and the 31 |
|---|
| 130 | | - | ultimate interment, entombment, inurnment, or scattering of the cremated 32 |
|---|
| 131 | | - | remains or the return of the cremated remains by the crematory licensee to the 33 |
|---|
| 132 | | - | authorizing agent or such agent's designee as provided in this Article. Upon 34 |
|---|
| 133 | | - | the written direction of the authorizing agent, cremated remains may take 35 |
|---|
| 134 | | - | various forms. 36 |
|---|
| 135 | | - | (16) "Holding and processing facility" means an Holding and processing facility. 37 |
|---|
| 136 | | - | – An area or areas that are designated for the retention of human remains prior 38 |
|---|
| 137 | | - | to, and the retention and processing of cremated remains after, cremation; that 39 |
|---|
| 138 | | - | comply with all applicable public health and environmental laws; preserve the 40 |
|---|
| 139 | | - | health and safety of the crematory technician and other personnel of the 41 |
|---|
| 140 | | - | crematory; and that are secure from access by anyone other than authorized 42 |
|---|
| 141 | | - | persons. A holding facility and processing facility must be located in a 43 |
|---|
| 142 | | - | crematory. 44 |
|---|
| 143 | | - | (17) "Human remains" means the Human remains. – The body of a deceased 45 |
|---|
| 144 | | - | person, including a separate human fetus, regardless of the length of gestation, 46 |
|---|
| 145 | | - | or body parts. 47 |
|---|
| 146 | | - | (17a) Hydrolysis container. – A container, other than a casket, designed to enclose 48 |
|---|
| 147 | | - | human remains and made of suitable material to be easily destroyed during 49 |
|---|
| 148 | | - | hydrolysis and to resist spillage and leakage. A hydrolysis container may be a 50 General Assembly Of North Carolina Session 2025 |
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| 149 | | - | Page 4 House Bill 1003-First Edition |
|---|
| 150 | | - | cremation container or any other container that meets the requirements of this 1 |
|---|
| 151 | | - | subdivision. 2 |
|---|
| 152 | | - | (17b) Hydrolysis licensee. – A person or entity licensed to hydrolyze human remains 3 |
|---|
| 153 | | - | and perform hydrolysis. 4 |
|---|
| 154 | | - | (17c) "Initial container" means a Initial container. – A receptacle for cremated 5 |
|---|
| 155 | | - | remains, for which the intended use and design is to hold cremated remains, 6 |
|---|
| 156 | | - | usually composed of cardboard, plastic, or similar material that can be closed 7 |
|---|
| 157 | | - | in a manner so as to prevent the leakage or spillage of the cremated remains 8 |
|---|
| 158 | | - | or the entrance of foreign material and is a single container of sufficient size 9 |
|---|
| 159 | | - | to hold the cremated remains. 10 |
|---|
| 160 | | - | (17d) Liquid waste. – Any liquid remaining after hydrolysis that does not contain 11 |
|---|
| 161 | | - | any trace elements of human tissue. 12 |
|---|
| 162 | | - | (18) "Niche" means a Niche. – A compartment or cubicle for the memorialization 13 |
|---|
| 163 | | - | or final disposition of an urn or container containing cremated remains. 14 |
|---|
| 164 | | - | (19) "Processing" means the Processing. – The removal of bone fragments from 15 |
|---|
| 165 | | - | the cremation chamber for the reduction in size, labeling and packaging, and 16 |
|---|
| 166 | | - | placing in an urn or initial container. 17 |
|---|
| 167 | | - | (20) "Pulverization" means the Pulverization. – The reduction of identifiable or 18 |
|---|
| 168 | | - | unidentifiable bone fragments after the completion of the cremation to 19 |
|---|
| 169 | | - | granulated particles by mechanical means. 20 |
|---|
| 170 | | - | (20a) Reduced human remains. – The remains of a human body after completion of 21 |
|---|
| 171 | | - | reduction. 22 |
|---|
| 172 | | - | (20b) Reduction. – Alkaline hydrolysis, cremation, and any other method of final 23 |
|---|
| 173 | | - | disposition of human remains authorized by the Board. 24 |
|---|
| 174 | | - | (20c) Reduction container. – A container, including a cremation container or any 25 |
|---|
| 175 | | - | other container that meets the requirements of this subdivision other than a 26 |
|---|
| 176 | | - | casket, designed to enclose human remains and made of suitable material to 27 |
|---|
| 177 | | - | be easily destroyed during alkaline hydrolysis or cremation and to resist 28 |
|---|
| 178 | | - | spillage and leakage. 29 |
|---|
| 179 | | - | (21) "Scattering area" means an Scattering area. – An area permitted by North 30 |
|---|
| 180 | | - | Carolina law including, but not limited to, an an area designated by a cemetery 31 |
|---|
| 181 | | - | and located on dedicated cemetery property where cremated remains that have 32 |
|---|
| 182 | | - | been removed from their container can be mixed with or placed on top of the 33 |
|---|
| 183 | | - | soil or ground cover. 34 |
|---|
| 184 | | - | (22) Repealed by Session Laws 2007-531, s. 18, effective August 31, 2007. 35 |
|---|
| 185 | | - | (23) "Urn" means a Urn. – A receptacle designed to permanently encase the 36 |
|---|
| 186 | | - | cremated remains." 37 |
|---|
| 187 | | - | SECTION 1.2. G.S. 90-210.122 (Crematory Authority established.) is repealed. 38 |
|---|
| 188 | | - | SECTION 1.3. Section 1.2 of this act becomes effective October 1, 2025. The 39 |
|---|
| 189 | | - | members appointed to the Crematory Authority shall serve out their respective terms until 40 |
|---|
| 190 | | - | October 1, 2025, at which point, notwithstanding any other provision of law, the members' 41 |
|---|
| 191 | | - | respective terms will expire. Members shall be eligible for per diem and necessary travel and 42 |
|---|
| 192 | | - | subsistence expenses in accordance with G.S. 93B-5 for any eligible expenses incurred up to 43 |
|---|
| 193 | | - | October 1, 2025. The North Carolina Board of Funeral Service shall ensure that any unpaid, 44 |
|---|
| 194 | | - | eligible expenses pursuant to G.S. 90-210.122(d) shall be paid to members of the Crematory 45 |
|---|
| 195 | | - | Authority accordingly. 46 |
|---|
| 196 | | - | SECTION 1.4. G.S. 90-210.123 reads as rewritten: 47 |
|---|
| 197 | | - | "§ 90-210.123. Licensing and inspection. 48 |
|---|
| 198 | | - | (a) Any person doing business in this State, or any cemetery, funeral establishment, 49 |
|---|
| 199 | | - | corporation, partnership, joint venture, voluntary organization, or any other entity may erect, 50 |
|---|
| 200 | | - | maintain, and operate a crematory in this State and may provide the necessary employees, 51 General Assembly Of North Carolina Session 2025 |
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| 201 | | - | House Bill 1003-First Edition Page 5 |
|---|
| 202 | | - | facilities, structure, and equipment for the cremation of human remains, provided that the person 1 |
|---|
| 203 | | - | or entity has secured a license as a crematory licensee in accordance with this Article. 2 |
|---|
| 204 | | - | (a1) A crematory operating under this Article is required to have a crematory manager. A 3 |
|---|
| 205 | | - | crematory manager may manage multiple crematories within a 50-mile radius of each other. A 4 |
|---|
| 206 | | - | crematory may operate for a period not to exceed 30 days without a crematory manager due to 5 |
|---|
| 207 | | - | the crematory manager's termination or cessation of employment if all of the following criteria 6 |
|---|
| 208 | | - | are met: 7 |
|---|
| 209 | | - | (1) The crematory manager was the only person employed that is eligible to serve 8 |
|---|
| 210 | | - | as a crematory manager at the time of the crematory manager's end of 9 |
|---|
| 211 | | - | employment. 10 |
|---|
| 212 | | - | (2) The crematory licensee retains one or more crematory technicians to perform 11 |
|---|
| 213 | | - | cremations. 12 |
|---|
| 214 | | - | (3) The crematory licensee registers the name of the crematory technicians with 13 |
|---|
| 215 | | - | the Board. 14 |
|---|
| 216 | | - | (b) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any 15 |
|---|
| 217 | | - | funeral establishment that is zoned commercial or industrial, or at any other location consistent 16 |
|---|
| 218 | | - | with local zoning and environmental regulations. 17 |
|---|
| 219 | | - | (c) Application for a license as a crematory licensee shall be made on forms furnished 18 |
|---|
| 220 | | - | and prescribed by the Board. The Board shall inspect the premises, facilities, structure, and 19 |
|---|
| 221 | | - | equipment to be used as a crematory, confirm that the crematory manager's and crematory 20 |
|---|
| 222 | | - | technician's educational certificate is valid, and issue a renewable license to the crematory 21 |
|---|
| 223 | | - | licensee if the applicant meets all the requirements and standards of the Board and the 22 |
|---|
| 224 | | - | requirements of this Article. 23 |
|---|
| 225 | | - | (d) Every application for licensure shall identify the crematory manager and all crematory 24 |
|---|
| 226 | | - | technicians employed by the crematory licensee providing that nothing in this Article shall 25 |
|---|
| 227 | | - | prohibit the designation and identification by the crematory licensee of one individual to serve 26 |
|---|
| 228 | | - | as a crematory manager and crematory technician. Each crematory licensed in North Carolina 27 |
|---|
| 229 | | - | shall employ on a full-time basis at least one crematory technician. Every application for 28 |
|---|
| 230 | | - | licensure and renewal thereof shall include all each crematory technicians' technician's 29 |
|---|
| 231 | | - | educational certificates. certificate. The crematory licensee shall keep the Board informed at all 30 |
|---|
| 232 | | - | times of the names and addresses of the crematory manager and all crematory technicians. In the 31 |
|---|
| 233 | | - | event a licensee is in the process of replacing its only crematory technician at the time of license 32 |
|---|
| 234 | | - | renewal, the licensee may continue to operate the crematory for a reasonable time period not to 33 |
|---|
| 235 | | - | exceed 180 30 days. 34 |
|---|
| 236 | | - | (d1) Crematory licensees that offer at-need cremation goods and services to the public 35 |
|---|
| 237 | | - | shall comply with the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), 36 |
|---|
| 238 | | - | as amended. 37 |
|---|
| 239 | | - | (e) All licenses and permits shall expire on the last day of December of each year. On or 38 |
|---|
| 240 | | - | after After February 1, a license or permit may be renewed by paying a late fee as provided in 39 |
|---|
| 241 | | - | G.S. 90-210.132 in addition to the annual renewal fee. Licenses and permits that remain expired 40 |
|---|
| 242 | | - | six months or more require a new application for renewal. Licenses and permits are not 41 |
|---|
| 243 | | - | transferable. 42 |
|---|
| 244 | | - | (e1) A new application for a license or permit shall be made to the Board within 30 days 43 |
|---|
| 245 | | - | following a change of ownership of more than fifty percent (50%) of the business. A new 44 |
|---|
| 246 | | - | application for a license or permit is required if any of the following occur: 45 |
|---|
| 247 | | - | (1) A change to the legal structure of a crematory that results in a change of a 46 |
|---|
| 248 | | - | majority of the crematory licensee's owners, partners, managers, members, 47 |
|---|
| 249 | | - | operators, or officers. 48 |
|---|
| 250 | | - | (2) A crematory licensee's owner, partner, manager, member, operator, or officer 49 |
|---|
| 251 | | - | that holds a majority of the crematory's ownership interest dies. The estate of 50 General Assembly Of North Carolina Session 2025 |
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| 252 | | - | Page 6 House Bill 1003-First Edition |
|---|
| 253 | | - | the decedent is permitted to apply for a permit within 180 days of the date of 1 |
|---|
| 254 | | - | death. 2 |
|---|
| 255 | | - | (f) No person, cemetery, funeral establishment, corporation, partnership, joint venture, 3 |
|---|
| 256 | | - | voluntary organization, or any other entity shall cremate any human remains, except in a 4 |
|---|
| 257 | | - | crematory licensed for this express purpose and operated by a crematory licensee subject to the 5 |
|---|
| 258 | | - | restrictions and limitations of this Article or unless otherwise permitted by statute. 6 |
|---|
| 259 | | - | (g) Whenever the Board finds that an owner, partner, crematory manager, member, 7 |
|---|
| 260 | | - | officer, or any crematory technician of a crematory licensee or any applicant to become a 8 |
|---|
| 261 | | - | crematory licensee, or that any authorized employee, agent, or representative has violated any 9 |
|---|
| 262 | | - | provision of this Article, or is guilty of any of the following acts, and when the Board also finds 10 |
|---|
| 263 | | - | that the crematory operator or applicant has thereby become unfit to practice, the Board may 11 |
|---|
| 264 | | - | suspend, revoke, or refuse to issue or renew the license, in accordance with Chapter 150B of the 12 |
|---|
| 265 | | - | General Statutes: 13 |
|---|
| 266 | | - | (1) Conviction of a felony or a crime involving fraud or moral turpitude.plea of 14 |
|---|
| 267 | | - | guilty or nolo contendere to a felony or misdemeanor that indicates that the 15 |
|---|
| 268 | | - | individual is unfit or incompetent to engage in cremations or that the 16 |
|---|
| 269 | | - | individual has deceived or defrauded the public. 17 |
|---|
| 270 | | - | (1a) Denial, suspension, or revocation of an occupational or business license by 18 |
|---|
| 271 | | - | another jurisdiction. 19 |
|---|
| 272 | | - | (2) Fraud or misrepresentation in obtaining or renewing a license, in the practice 20 |
|---|
| 273 | | - | of cremation, or in the operation of a licensee's business. 21 |
|---|
| 274 | | - | (3) False or misleading advertising. 22 |
|---|
| 275 | | - | (4) Solicitation of dead human bodies by the licensee, his agents, assistants, or 23 |
|---|
| 276 | | - | employees; but this subdivision shall not be construed to prohibit general 24 |
|---|
| 277 | | - | advertising by the licensee. 25 |
|---|
| 278 | | - | (5) Employment directly or indirectly of any agent, assistant, or other person on 26 |
|---|
| 279 | | - | a part-time or full-time basis or on commission for the purpose of calling upon 27 |
|---|
| 280 | | - | individuals or institutions by whose influence dead human bodies may be 28 |
|---|
| 281 | | - | turned over to a particular licensee. 29 |
|---|
| 282 | | - | (6) The direct or indirect payment or offer of payment of a commission by the 30 |
|---|
| 283 | | - | licensee or the licensee's agent, assistant, or employees for the purpose of 31 |
|---|
| 284 | | - | securing business. 32 |
|---|
| 285 | | - | (7) Gross immorality, including being under the influence of alcohol or drugs 33 |
|---|
| 286 | | - | while performing cremation services.Acts or omissions indicating that the 34 |
|---|
| 287 | | - | licensee is unable to engage in cremations with reasonable skill and safety by 35 |
|---|
| 288 | | - | reason of illness, excessive use of alcohol, drugs, chemicals, or any other type 36 |
|---|
| 289 | | - | of substance, or by reason of any physical or mental abnormality. 37 |
|---|
| 290 | | - | (8) Aiding or abetting an unlicensed person to perform services under this Article, 38 |
|---|
| 291 | | - | including the use of a picture or name in connection with advertisements or 39 |
|---|
| 292 | | - | other written material published or caused to be published by the licensee. 40 |
|---|
| 293 | | - | (9) Failing to treat a dead human body with respect at all times. 41 |
|---|
| 294 | | - | (10) Violating or cooperating with others to violate any of the provisions of this 42 |
|---|
| 295 | | - | Article Article and Article 13A, 13D, or 13E of this Chapter, or of the rules of 43 |
|---|
| 296 | | - | the Board or violation of Funeral Industry Practices, 16 C.F.R. § 453 (1984), 44 |
|---|
| 297 | | - | as amended. 45 |
|---|
| 298 | | - | (11) Violation of any State law or municipal or county ordinance or regulation 46 |
|---|
| 299 | | - | affecting the handling, custody, care, or transportation of dead human bodies. 47 |
|---|
| 300 | | - | (12) Refusing to surrender promptly the custody of a dead human body or cremated 48 |
|---|
| 301 | | - | remains upon the express order of the person lawfully entitled to the custody 49 |
|---|
| 302 | | - | thereof, except as provided in G.S. 90-210.131(e). 50 General Assembly Of North Carolina Session 2025 |
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| 303 | | - | House Bill 1003-First Edition Page 7 |
|---|
| 304 | | - | (13) Indecent exposure or exhibition of a dead human body while in the custody or 1 |
|---|
| 305 | | - | control of a licensee. 2 |
|---|
| 306 | | - | (14) Practicing funeral directing, embalming, or funeral service without a license. 3 |
|---|
| 307 | | - | (15) Allowing anyone other than a licensee of the Board or a crematory technician 4 |
|---|
| 308 | | - | to perform a cremation. 5 |
|---|
| 309 | | - | (16) Failure to refund any insurance proceeds received as consideration in excess 6 |
|---|
| 310 | | - | of the funeral contract purchase price within 30 days of receipt. 7 |
|---|
| 311 | | - | (17) Failure to provide, within a reasonable time, either the goods and services 8 |
|---|
| 312 | | - | contracted for or a refund for the price of goods and services paid for but not 9 |
|---|
| 313 | | - | fulfilled. 10 |
|---|
| 314 | | - | (18) Violation of G.S. 58-58-97. 11 |
|---|
| 315 | | - | (19) Failure to respond to the Board's inquiries in a reasonable manner or time 12 |
|---|
| 316 | | - | regarding any matter affecting the individual's performance of cremations. 13 |
|---|
| 317 | | - | (20) Failure to adequately supervise or oversee auxiliary licensed or unlicensed 14 |
|---|
| 318 | | - | staff, employees, agents, or contractors, as required by this Article and Article 15 |
|---|
| 319 | | - | 13D, 13E, or 13F of this Chapter, any rules of the Board, or the standards set 16 |
|---|
| 320 | | - | forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), as amended. 17 |
|---|
| 321 | | - | (21) Knowingly failing to follow the lawful direction of a person with the right to 18 |
|---|
| 322 | | - | authorize disposition of human remains in accordance with G.S. 130A-420. 19 |
|---|
| 323 | | - | In any case in which the Board is authorized to take any of the actions permitted under this 20 |
|---|
| 324 | | - | subsection, the Board may instead accept an offer in compromise of the charges whereby the 21 |
|---|
| 325 | | - | accused shall pay to the Board a penalty of not more than five thousand dollars ($5,000). 22 |
|---|
| 326 | | - | (h) Where the Board finds a licensee is guilty of one or more of the acts or omissions 23 |
|---|
| 327 | | - | listed in subsection (g) of this section but it is determined by the Board that the licensee has not 24 |
|---|
| 328 | | - | thereby become unfit to practice, the Board may place the licensee on a term of probation in 25 |
|---|
| 329 | | - | accordance with the procedures set out in Chapter 150B of the General Statutes. In any case in 26 |
|---|
| 330 | | - | which the Board is entitled to place a licensee on a term of probation, the Board may also impose 27 |
|---|
| 331 | | - | a penalty of not more than five thousand dollars ($5,000) in conjunction with the probation. The 28 |
|---|
| 332 | | - | Board may determine the length and conditions of any period of probation, suspension, 29 |
|---|
| 333 | | - | revocation, or refusal to issue or renew a license. 30 |
|---|
| 334 | | - | (i) The Board may hold hearings in accordance with the provisions of this Article and 31 |
|---|
| 335 | | - | Article 3A of Chapter 150B of the General Statutes. The Board is empowered to regulate and 32 |
|---|
| 336 | | - | inspect crematories and crematory licensees and to enforce as provided by law the provisions of 33 |
|---|
| 337 | | - | this Article and the rules adopted hereunder. Any crematory that, upon inspection, is found not 34 |
|---|
| 338 | | - | to meet any of the requirements of this Article shall pay a reinspection fee to the Board for each 35 |
|---|
| 339 | | - | additional inspection that is made to ascertain whether the deficiency or other violation has been 36 |
|---|
| 340 | | - | corrected. The Board may obtain preliminary and final injunctions whenever a violation of this 37 |
|---|
| 341 | | - | Article has occurred or threatens to occur. The Board may enforce compliance with the standards 38 |
|---|
| 342 | | - | set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), as amended, and in accordance 39 |
|---|
| 343 | | - | with subsection (d1) of this section. 40 |
|---|
| 344 | | - | (i1) The Board may apply for injunctive relief in the superior county of (i) where an act is 41 |
|---|
| 345 | | - | alleged to have taken place, (ii) where the defendant resides, or (iii) Wake County, if any person, 42 |
|---|
| 346 | | - | firm, corporation, or other entity has committed an act allegedly violating any provision of this 43 |
|---|
| 347 | | - | Article. If a court of competent jurisdiction finds a defendant has acted in violation of this Article, 44 |
|---|
| 348 | | - | then the court shall issue an order enjoining and restraining the acts constituting violations. The 45 |
|---|
| 349 | | - | Board shall be entitled to reimbursement of costs and attorneys' fees expended in an action 46 |
|---|
| 350 | | - | brought under this subsection. 47 |
|---|
| 351 | | - | In addition to the powers enumerated in Chapter 150B of the General Statutes, the Board 48 |
|---|
| 352 | | - | shall have the power to administer oaths and issue subpoenas requiring the attendance of persons 49 |
|---|
| 353 | | - | and the production of papers and records before the Board in any hearing, investigation, or 50 |
|---|
| 354 | | - | proceeding conducted by it. Members of the Board's staff or the sheriff or other appropriate 51 General Assembly Of North Carolina Session 2025 |
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| 355 | | - | Page 8 House Bill 1003-First Edition |
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| 356 | | - | official of any county of this State shall serve all notices, subpoenas, and other papers given to 1 |
|---|
| 357 | | - | them by the President of the Board for service in the same manner as process issued by any court 2 |
|---|
| 358 | | - | of record. Any person who neglects or refuses to obey a subpoena issued by the Board shall be 3 |
|---|
| 359 | | - | guilty of a Class 1 misdemeanor." 4 |
|---|
| 360 | | - | SECTION 1.5. G.S. 90-210.124 (Authorizing Agent.) is repealed. 5 |
|---|
| 361 | | - | SECTION 1.6. Article 13F of Chapter 90 of the General Statutes is amended by 6 |
|---|
| 362 | | - | adding a new section to read: 7 |
|---|
| 363 | | - | "§ 90-210.124A. Authorizing agent. 8 |
|---|
| 364 | | - | All crematory licensees shall comply with G.S. 130A-420 when acting under their respective 9 |
|---|
| 365 | | - | scope of practice for dispositions of reduced human remains or body parts." 10 |
|---|
| 366 | | - | SECTION 1.7. G.S. 90-210.125 reads as rewritten: 11 |
|---|
| 367 | | - | "§ 90-210.125. Authorization to cremate. 12 |
|---|
| 368 | | - | (a) A crematory licensee shall not cremate human remains until it has received a 13 |
|---|
| 369 | | - | cremation authorization form signed by an authorizing agent. The cremation authorization form 14 |
|---|
| 370 | | - | shall be prescribed by the Board and shall contain at a minimum the following information: 15 |
|---|
| 371 | | - | … 16 |
|---|
| 372 | | - | (6) A representation that the authorizing agent does in fact have the right to 17 |
|---|
| 373 | | - | authorize the cremation of the decedent and that the authorizing agent is not 18 |
|---|
| 374 | | - | aware of any living person who has a superior priority right to that of the 19 |
|---|
| 375 | | - | authorizing agent, as set forth in G.S. 90-210.124. G.S. 130A-420. Or, in the 20 |
|---|
| 376 | | - | event that there is another living person who does have a superior priority right 21 |
|---|
| 377 | | - | to that of the authorizing agent, a representation that the authorizing agent has 22 |
|---|
| 378 | | - | made all reasonable efforts to contact such person, has been unable to do so, 23 |
|---|
| 379 | | - | and has no reason to believe that such person would object to the cremation 24 |
|---|
| 380 | | - | of the decedent. 25 |
|---|
| 381 | | - | … 26 |
|---|
| 382 | | - | (13) If a cremation authorization form is being executed on a preneed basis, the 27 |
|---|
| 383 | | - | cremation authorization form shall contain the disclosure required by 28 |
|---|
| 384 | | - | G.S. 90-210.126. The authorizing agent may specify in writing religious 29 |
|---|
| 385 | | - | practices that conflict with Article 13 Article 13A, 13D, or 13F of this 30 |
|---|
| 386 | | - | Chapter. The crematory licensee and funeral director shall observe those 31 |
|---|
| 387 | | - | religious practices except where they interfere with cremation in a licensed 32 |
|---|
| 388 | | - | crematory as specified under G.S. 90-210.123 or the required documentation 33 |
|---|
| 389 | | - | and record keeping. 34 |
|---|
| 390 | | - | …." 35 |
|---|
| 391 | | - | SECTION 1.8. G.S. 90-210.126 reads as rewritten: 36 |
|---|
| 392 | | - | "§ 90-210.126. Preneed cremation arrangements. 37 |
|---|
| 393 | | - | (a) Any person, on a preneed basis, may authorize the person's own cremation and the 38 |
|---|
| 394 | | - | final disposition of the person's cremated remains by executing, as the authorizing agent, a 39 |
|---|
| 395 | | - | cremation authorization form on a preneed basis and having the form signed by two witnesses. 40 |
|---|
| 396 | | - | The witnesses in accordance with G.S. 130A-420. If the person executes a cremation 41 |
|---|
| 397 | | - | authorization form on a preneed basis, the person shall retain a copy of this form, and a copy 42 |
|---|
| 398 | | - | shall be sent to the funeral establishment and/or or the crematory licensee. licensee, or both. Any 43 |
|---|
| 399 | | - | person shall have the right to transfer or cancel this authorization at any time prior to the person's 44 |
|---|
| 400 | | - | death by destroying the executed cremation authorization form and providing written notice to 45 |
|---|
| 401 | | - | the party or parties that received the cremation authorization form. 46 |
|---|
| 402 | | - | …." 47 |
|---|
| 403 | | - | SECTION 1.9. G.S. 90-210.127 reads as rewritten: 48 |
|---|
| 404 | | - | "§ 90-210.127. Record keeping. 49 |
|---|
| 405 | | - | (a) The crematory licensee shall furnish to the person who delivers such human remains 50 |
|---|
| 406 | | - | to the crematory licensee a receipt, signed by both the crematory licensee and the person who 51 General Assembly Of North Carolina Session 2025 |
|---|
| 407 | | - | House Bill 1003-First Edition Page 9 |
|---|
| 408 | | - | delivers the human remains, showing the date and time of the delivery; the type of casket or 1 |
|---|
| 409 | | - | cremation container that was delivered; the name of the person from whom the human remains 2 |
|---|
| 410 | | - | were received and the name of the funeral establishment or other entity with whom such person 3 |
|---|
| 411 | | - | is affiliated; the name of the person who received the human remains on behalf of the crematory 4 |
|---|
| 412 | | - | licensee; and the name of the decedent. The crematory licensee shall retain a copy of this receipt 5 |
|---|
| 413 | | - | in its permanent records for three years. 6 |
|---|
| 414 | | - | (b) Upon its release of cremated reduced human remains, the crematory licensee shall 7 |
|---|
| 415 | | - | furnish to the person who receives such cremated those reduced human remains from the 8 |
|---|
| 416 | | - | crematory licensee a receipt, signed by both the crematory licensee and the person who receives 9 |
|---|
| 417 | | - | the cremated reduced human remains, showing the date and time of the release; the name of the 10 |
|---|
| 418 | | - | person to whom the cremated reduced human remains were released and the name of the funeral 11 |
|---|
| 419 | | - | establishment, cemetery, or other entity with whom such person is affiliated; the name of the 12 |
|---|
| 420 | | - | person who released the cremated reduced human remains on behalf of the crematory licensee; 13 |
|---|
| 421 | | - | and the name of the decedent. The crematory shall retain a copy of this receipt in its permanent 14 |
|---|
| 422 | | - | records for three years. 15 |
|---|
| 423 | | - | (c) A crematory licensee shall maintain at its place of business a record of all forms 16 |
|---|
| 424 | | - | required by the Board of each cremation that took place at its facility for three years. A funeral 17 |
|---|
| 425 | | - | establishment shall maintain at its place of business a record of all forms generated by or provided 18 |
|---|
| 426 | | - | to it under this Article for a period of three years. 19 |
|---|
| 427 | | - | (d) The crematory licensee shall maintain a record for three years of all cremated reduced 20 |
|---|
| 428 | | - | human remains disposed of by the crematory licensee in accordance with G.S. 90-210.126(d). 21 |
|---|
| 429 | | - | (e) Upon completion of the cremation, the crematory licensee shall issue a certificate of 22 |
|---|
| 430 | | - | cremation. 23 |
|---|
| 431 | | - | (f) All records that are required to be maintained under this Article shall be subject to 24 |
|---|
| 432 | | - | inspection by the Board or its agents upon request." 25 |
|---|
| 433 | | - | SECTION 1.10. G.S. 90-210.128 reads as rewritten: 26 |
|---|
| 434 | | - | "§ 90-210.128. Cremation containers. 27 |
|---|
| 435 | | - | (a) No crematory licensee shall make or enforce any rules requiring that any human 28 |
|---|
| 436 | | - | remains be placed in a casket before cremation or that human remains be cremated in a casket, 29 |
|---|
| 437 | | - | nor shall any crematory licensee refuse to accept human remains for cremation for the reason 30 |
|---|
| 438 | | - | that they are not in a casket. 31 |
|---|
| 439 | | - | (b) No crematory licensee shall make or enforce any rules requiring that any cremated 32 |
|---|
| 440 | | - | remains be placed in an urn or receptacle designed to permanently encase the cremated reduced 33 |
|---|
| 441 | | - | human remains after the cremation process has been performed." 34 |
|---|
| 442 | | - | SECTION 1.11. G.S. 90-210.129 reads as rewritten: 35 |
|---|
| 443 | | - | "§ 90-210.129. Cremation procedures. 36 |
|---|
| 444 | | - | (a) For any death occurring in North Carolina certified by the attending physician or other 37 |
|---|
| 445 | | - | person authorized by law to sign a death certificate under the supervision of a physician, the body 38 |
|---|
| 446 | | - | shall not be cremated before the crematory licensee receives a death certificate signed by the 39 |
|---|
| 447 | | - | person authorized to sign the death certificate, which shall contain contain, at a minimum 40 |
|---|
| 448 | | - | minimum, all of the following information: 41 |
|---|
| 449 | | - | (1) Decedent's name;name. 42 |
|---|
| 450 | | - | (2) Date of death;death. 43 |
|---|
| 451 | | - | (3) Date of birth;birth. 44 |
|---|
| 452 | | - | (4) Sex;Sex. 45 |
|---|
| 453 | | - | (5) Place of death;death. 46 |
|---|
| 454 | | - | (6) Facility name (if not institution, give street and number);number). 47 |
|---|
| 455 | | - | (7) County of death;death. 48 |
|---|
| 456 | | - | (8) City of death; anddeath. 49 |
|---|
| 457 | | - | (9) Time of death (if known). 50 |
|---|
| 458 | | - | … 51 General Assembly Of North Carolina Session 2025 |
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| 459 | | - | Page 10 House Bill 1003-First Edition |
|---|
| 460 | | - | (g) Human remains shall be cremated only while enclosed in a cremation container. Upon 1 |
|---|
| 461 | | - | completion of the cremation, and insofar as is possible, all of the recoverable residue of the 2 |
|---|
| 462 | | - | cremation process shall be removed from the cremation chamber. Insofar as is possible, all 3 |
|---|
| 463 | | - | residue of the cremation process shall then be separated from any foreign residue or anything 4 |
|---|
| 464 | | - | else other than bone fragments and then be processed by pulverization so as to reduce the 5 |
|---|
| 465 | | - | cremated remains to unidentifiable particles. Any foreign residue and anything other than the 6 |
|---|
| 466 | | - | particles of the cremated remains shall be removed from the cremated reduced human remains 7 |
|---|
| 467 | | - | as far as possible and shall be disposed of by the crematory licensee. This section does not apply 8 |
|---|
| 468 | | - | where law otherwise provides for commingling of human remains. The fact that there is 9 |
|---|
| 469 | | - | incidental and unavoidable residue in the cremation chamber used in a prior cremation is not a 10 |
|---|
| 470 | | - | violation of this subsection. 11 |
|---|
| 471 | | - | … 12 |
|---|
| 472 | | - | (k) Nothing in this Article shall require a crematory licensee to perform a cremation that 13 |
|---|
| 473 | | - | is impossible or impractical to perform. 14 |
|---|
| 474 | | - | (l) The cremated reduced human remains with proper identification shall be placed in an 15 |
|---|
| 475 | | - | initial container or the urn selected or provided by the authorizing agent. The initial container or 16 |
|---|
| 476 | | - | urn contents shall not be contaminated with any other object, unless specific authorization has 17 |
|---|
| 477 | | - | been received from the authorizing agent or as provided in subsection (g) of this section. 18 |
|---|
| 478 | | - | (m) If the cremated reduced human remains are greater than the dimensions of an initial 19 |
|---|
| 479 | | - | container or urn, the excess cremated reduced human remains shall be returned to the authorizing 20 |
|---|
| 480 | | - | agent or its representative in a separate container or urn. 21 |
|---|
| 481 | | - | (n) If the cremated reduced human remains are to be shipped, the initial container or urn 22 |
|---|
| 482 | | - | shall be packed securely in a suitable shipping container that complies with the requirements of 23 |
|---|
| 483 | | - | the shipper. Cremated Reduced human remains shall be shipped only by a method which has an 24 |
|---|
| 484 | | - | internal tracing system available and which provides a receipt signed by the person accepting 25 |
|---|
| 485 | | - | delivery, unless otherwise authorized in writing by the authorizing agent. Cremated Reduced 26 |
|---|
| 486 | | - | human remains shall be shipped to the proper address as stated on the cremation authorization 27 |
|---|
| 487 | | - | form signed by the authorizing agent. 28 |
|---|
| 488 | | - | … 29 |
|---|
| 489 | | - | (r) A crematory shall refrigerate human remains at a temperature not greater than 40 30 |
|---|
| 490 | | - | degrees Fahrenheit, unless the cremation will begin within 24 hours of the time in which the 31 |
|---|
| 491 | | - | crematory licensee takes custody of the human remains." 32 |
|---|
| 492 | | - | SECTION 1.12. G.S. 90-210.130 reads as rewritten: 33 |
|---|
| 493 | | - | "§ 90-210.130. Final disposition of cremated reduced human remains. 34 |
|---|
| 494 | | - | (a) The authorizing agent shall provide the person with whom cremation arrangements 35 |
|---|
| 495 | | - | are made with a signed statement specifying the ultimate disposition of the cremated reduced 36 |
|---|
| 496 | | - | human remains, if known. The crematory licensee may store or retain cremated reduced human 37 |
|---|
| 497 | | - | remains as directed by the authorizing agent. Records of retention and disposition of cremated 38 |
|---|
| 498 | | - | reduced human remains shall be kept by the crematory licensee pursuant to G.S. 90-210.127. 39 |
|---|
| 499 | | - | (b) The authorizing agent is responsible for the disposition of the cremated reduced 40 |
|---|
| 500 | | - | human remains. If, after a period of 30 days from the date of cremation, If the authorizing agent 41 |
|---|
| 501 | | - | or the agent's representative has not specified the final disposition or claimed the cremated 42 |
|---|
| 502 | | - | remains, reduced human remains within 30 days after the crematory licensee provides written 43 |
|---|
| 503 | | - | notice delivered by certified mail to the authorizing agent's last known address that the reduced 44 |
|---|
| 504 | | - | human remains are available for retrieval, the crematory licensee or the person in possession of 45 |
|---|
| 505 | | - | the cremated reduced human remains may release the cremated reduced human remains to 46 |
|---|
| 506 | | - | another family member upon written notification to the authorizing agent delivered by certified 47 |
|---|
| 507 | | - | mail or dispose of the cremated reduced human remains only in a manner permitted in this 48 |
|---|
| 508 | | - | section. Article. The authorizing agent shall be responsible for reimbursing the crematory 49 |
|---|
| 509 | | - | licensee for all reasonable expenses incurred in disposing of the cremated reduced human 50 |
|---|
| 510 | | - | remains pursuant to this section. A record of such disposition shall be made and kept by the 51 General Assembly Of North Carolina Session 2025 |
|---|
| 511 | | - | House Bill 1003-First Edition Page 11 |
|---|
| 512 | | - | person making the disposition. Upon disposing of cremated reduced human remains in 1 |
|---|
| 513 | | - | accordance with this section, Article, the crematory licensee or person in possession of the 2 |
|---|
| 514 | | - | cremated reduced human remains shall be discharged from any legal obligation or liability 3 |
|---|
| 515 | | - | concerning such cremated those reduced human remains. 4 |
|---|
| 516 | | - | (c) In addition to the disposal of cremated reduced human remains in a crypt, niche, 5 |
|---|
| 517 | | - | grave, or scattering garden located in a dedicated cemetery, or by scattering over uninhabited 6 |
|---|
| 518 | | - | public land, the sea, or other public waterways pursuant to subsection (f) of this section, cremated 7 |
|---|
| 519 | | - | reduced human remains may be disposed of in any manner on the private property of a consenting 8 |
|---|
| 520 | | - | owner, upon direction of the authorizing agent. If cremated reduced human remains are to be 9 |
|---|
| 521 | | - | disposed of by the crematory licensee on private property, other than dedicated cemetery 10 |
|---|
| 522 | | - | property, the authorizing agent shall provide the crematory licensee with the written consent of 11 |
|---|
| 523 | | - | the property owner. 12 |
|---|
| 524 | | - | (d) Except with the express written permission of the authorizing agent, no person 13 |
|---|
| 525 | | - | may:shall do any of the following: 14 |
|---|
| 526 | | - | (1) Dispose of or scatter cremated reduced human remains in such a manner or in 15 |
|---|
| 527 | | - | such a location that the cremated reduced human remains are commingled 16 |
|---|
| 528 | | - | with those of another person. This subdivision shall not apply to the scattering 17 |
|---|
| 529 | | - | of cremated reduced human remains at sea or by air from individual closed 18 |
|---|
| 530 | | - | containers or to the scattering of cremated remains in an area located in a 19 |
|---|
| 531 | | - | dedicated cemetery and used exclusively for such those purposes. 20 |
|---|
| 532 | | - | (2) Place cremated reduced human remains of more than one person in the same 21 |
|---|
| 533 | | - | closed container. This subdivision shall not apply to placing the cremated 22 |
|---|
| 534 | | - | reduced human remains of members of the same family in a common closed 23 |
|---|
| 535 | | - | container designed for the cremated reduced human remains of more than one 24 |
|---|
| 536 | | - | person with the written consent of the family. 25 |
|---|
| 537 | | - | (e) Cremated Reduced human remains shall be released by the crematory licensee to the 26 |
|---|
| 538 | | - | individual specified by the authorizing agent on the cremation authorization form. The 27 |
|---|
| 539 | | - | representative of the crematory licensee and the individual receiving the cremated reduced human 28 |
|---|
| 540 | | - | remains shall sign a receipt indicating the name of the deceased, and the date, time, and place of 29 |
|---|
| 541 | | - | the receipt, and contain a representation that the handling of the final disposition will be in a 30 |
|---|
| 542 | | - | proper manner. After this delivery, the cremated remains may be transported in any manner in 31 |
|---|
| 543 | | - | this State, without a permit, and disposed of in accordance with the provisions of this Article. 32 |
|---|
| 544 | | - | (f) Cremated Reduced human remains may be scattered over uninhabited public land, 33 |
|---|
| 545 | | - | over a public waterway or sea, subject to health and environmental standards, or on the private 34 |
|---|
| 546 | | - | property of a consenting owner pursuant to subsection (c) of this section. A person may utilize a 35 |
|---|
| 547 | | - | boat or airplane to perform such scattering. Cremated scattering under this subsection. Reduced 36 |
|---|
| 548 | | - | human remains shall be removed from their closed container before they are scattered." 37 |
|---|
| 549 | | - | SECTION 1.13. G.S. 90-210.131 reads as rewritten: 38 |
|---|
| 550 | | - | "§ 90-210.131. Limitation of liability. 39 |
|---|
| 551 | | - | … 40 |
|---|
| 552 | | - | (c) A crematory licensee shall not be responsible or liable for any valuables delivered to 41 |
|---|
| 553 | | - | the crematory licensee with human remains. 42 |
|---|
| 554 | | - | (d) A crematory licensee shall not be liable for refusing to accept a body or to perform a 43 |
|---|
| 555 | | - | cremation until it receives a court order or other suitable confirmation that a dispute has been 44 |
|---|
| 556 | | - | settled if:if any of the following are satisfied: 45 |
|---|
| 557 | | - | (1) It is aware of any dispute concerning the cremation of human remains;human 46 |
|---|
| 558 | | - | remains. 47 |
|---|
| 559 | | - | (2) It has a reasonable basis for questioning any of the representations made by 48 |
|---|
| 560 | | - | the authorizing agent; oragent. 49 |
|---|
| 561 | | - | (3) For any other lawful reason. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 562 | | - | Page 12 House Bill 1003-First Edition |
|---|
| 563 | | - | (e) If a crematory licensee is aware of any dispute concerning the release or disposition 1 |
|---|
| 564 | | - | of the cremated reduced human remains, the crematory licensee may refuse to release the 2 |
|---|
| 565 | | - | cremated reduced human remains until the dispute has been resolved or the crematory licensee 3 |
|---|
| 566 | | - | has been provided with a court order authorizing the release or disposition of the cremated 4 |
|---|
| 567 | | - | reduced human remains. A crematory licensee shall not be liable for refusing to release or dispose 5 |
|---|
| 568 | | - | of cremated reduced human remains in accordance with this subsection. A crematory licensee 6 |
|---|
| 569 | | - | may charge a reasonable storage fee if the dispute is not resolved within 30 days after it is 7 |
|---|
| 570 | | - | received by the crematory licensee." 8 |
|---|
| 571 | | - | SECTION 1.14. G.S. 90-210.132 reads as rewritten: 9 |
|---|
| 572 | | - | "§ 90-210.132. Fees. 10 |
|---|
| 573 | | - | (a) By rule, the Board may set and collect fees from crematory and hydrolysis licensees, 11 |
|---|
| 574 | | - | crematory and hydrolysis manager permit holders, and applicants not to exceed the following 12 |
|---|
| 575 | | - | amounts: 13 |
|---|
| 576 | | - | (1) Licensee application fee. ............................................................ $400.00 14 |
|---|
| 577 | | - | (2) Annual renewal fee. ..................................................................... 150.00 15 |
|---|
| 578 | | - | (3) Late renewal fee. ............................................................................ 75.00 16 |
|---|
| 579 | | - | (4) Reinspection fee. .......................................................................... 150.00 17 |
|---|
| 580 | | - | (5) Per cremation or hydrolysis reduction fee. .................................... 10.00 18 |
|---|
| 581 | | - | (6) Late fee, per cremation or hydrolysis.reduction............................. 10.00 19 |
|---|
| 582 | | - | (7) Late fee, cremation or hydrolysis reduction report. ...... 75.00 per month 20 |
|---|
| 583 | | - | (8) Crematory or hydrolysis manager permit application fee. ........... 150.00 21 |
|---|
| 584 | | - | (9) Annual crematory or hydrolysis manager permit renewal fee. ..... 40.00. 22 |
|---|
| 585 | | - | (b) The funds collected pursuant to this Article shall become part of the general fund of 23 |
|---|
| 586 | | - | the Board. 24 |
|---|
| 587 | | - | (c) No later than the tenth day of each month, every crematory licensee and hydrolysis 25 |
|---|
| 588 | | - | licensee under this Article shall remit to the Board the per cremation or reduction fees for the 26 |
|---|
| 589 | | - | cremations or reductions which the crematory licensee performed during the immediately 27 |
|---|
| 590 | | - | preceding calendar month. Each remittance shall be accompanied by a statement signed by an 28 |
|---|
| 591 | | - | authorized representative of the licensee containing all of the following information: 29 |
|---|
| 592 | | - | (1) The name of the crematory licensee. 30 |
|---|
| 593 | | - | (2) Each decedent's name. 31 |
|---|
| 594 | | - | (3) Date of each cremation or reduction. 32 |
|---|
| 595 | | - | (4) The person or entity from whom each cremation or reduction was performed. 33 |
|---|
| 596 | | - | (5) The number of cremations or reductions contained in the statement. 34 |
|---|
| 597 | | - | (6) The total amount of fees remitted with the statement." 35 |
|---|
| 598 | | - | SECTION 1.15. G.S. 90-210.136, as amended by this act, reads as rewritten: 36 |
|---|
| 599 | | - | "§ 90-210.136. Hydrolysis of human remains. 37 |
|---|
| 600 | | - | (a) The following definitions shall apply in this section: 38 |
|---|
| 601 | | - | (1) Recodified as G.S. 90-210.121(1). 39 |
|---|
| 602 | | - | (2) Recodified as G.S. 90-210.121(17a). 40 |
|---|
| 603 | | - | (3) Recodified as G.S. 90-210.121(17b). 41 |
|---|
| 604 | | - | (4) Recodified as G.S. 90-210.121(17d). 42 |
|---|
| 605 | | - | (b) No person, cemetery, funeral establishment, corporation, partnership, joint venture, 43 |
|---|
| 606 | | - | voluntary organization, or other entity shall hydrolyze human remains without first obtaining a 44 |
|---|
| 607 | | - | license from the Board. An application for a license under this subsection shall be made on forms 45 |
|---|
| 608 | | - | furnished and prescribed by the Board. 46 |
|---|
| 609 | | - | (c) Except as otherwise provided by this section, a license for the hydrolysis of human 47 |
|---|
| 610 | | - | remains shall have the same requirements and comply with all provisions of this Article, 48 |
|---|
| 611 | | - | including G.S. 90-210.127 and G.S. 90-210.130, and be subject to the same fees as for the 49 |
|---|
| 612 | | - | licensing of crematories under this Article. The hydrolysis of human remains shall be conducted 50 General Assembly Of North Carolina Session 2025 |
|---|
| 613 | | - | House Bill 1003-First Edition Page 13 |
|---|
| 614 | | - | in compliance with all requirements for cremation, and the licensee shall pay the same fees for 1 |
|---|
| 615 | | - | monthly reports for each hydrolysis as crematories under this Article. 2 |
|---|
| 616 | | - | …." 3 |
|---|
| 617 | | - | SECTION 1.16. G.S. 130A-415(j) reads as rewritten: 4 |
|---|
| 618 | | - | "(j) Any funeral director or funeral service licensee doing business within the State having 5 |
|---|
| 619 | | - | physical possession of a dead body shall make reasonable efforts to contact relatives of the 6 |
|---|
| 620 | | - | deceased or other persons who may wish to claim the body for final disposition. If the body 7 |
|---|
| 621 | | - | remains unclaimed for final disposition for 10 days, or if the right to authorize the type, method, 8 |
|---|
| 622 | | - | place, and disposition, of the dead body is waived under G.S. 130A-420(b1) or 9 |
|---|
| 623 | | - | G.S. 90-210.124(b), G.S. 130A-420(b1), and if all persons who have expressed interest in 10 |
|---|
| 624 | | - | arranging for the disposition for the dead body have ceased communication with the person in 11 |
|---|
| 625 | | - | possession of the dead body for five days, the dead body shall be deemed abandoned. If the 12 |
|---|
| 626 | | - | funeral director or funeral service licensee receives the dead body from a person or entity listed 13 |
|---|
| 627 | | - | in subsection (a) of this section, the 10-day period shall run concurrently with any period imposed 14 |
|---|
| 628 | | - | on that person or entity. Any person having possession of an abandoned dead body shall notify 15 |
|---|
| 629 | | - | the Commission of Anatomy. Upon request of the Commission of Anatomy, the person having 16 |
|---|
| 630 | | - | possession of the abandoned dead body shall deliver the abandoned dead body to the Commission 17 |
|---|
| 631 | | - | of Anatomy at a time and place specified by the Commission of Anatomy or shall permit the 18 |
|---|
| 632 | | - | Commission of Anatomy to take and remove the abandoned dead body." 19 |
|---|
| 633 | | - | SECTION 1.17. This Part becomes effective October 1, 2025. 20 |
|---|
| 634 | | - | 21 |
|---|
| 635 | | - | PART II. FUNERAL TRANSPORTATION AGR EEMENTS/INSURANCE 22 |
|---|
| 636 | | - | SECTION 2.1.(a) G.S. 90-210.60 reads as rewritten: 23 |
|---|
| 637 | | - | "§ 90-210.60. Definitions. 24 |
|---|
| 638 | | - | As used in this Article, unless the context requires otherwise: 25 |
|---|
| 639 | | - | … 26 |
|---|
| 640 | | - | (5) "Preneed funeral contract" means any contract, agreement, or mutual 27 |
|---|
| 641 | | - | understanding, or any series or combination of contracts, agreements, or 28 |
|---|
| 642 | | - | mutual understandings, whether funded by trust deposits or prearrangement 29 |
|---|
| 643 | | - | insurance policies, or any combination thereof, which has for a purpose the 30 |
|---|
| 644 | | - | furnishing or performance of funeral services, or the furnishing or delivery of 31 |
|---|
| 645 | | - | personal property, merchandise, or services of any nature in connection with 32 |
|---|
| 646 | | - | the final disposition of a dead human body, to be furnished or delivered at a 33 |
|---|
| 647 | | - | time determinable by the death of the person whose body is to be disposed of, 34 |
|---|
| 648 | | - | but does not mean the furnishing of a cemetery lot, crypt, niche, or 35 |
|---|
| 649 | | - | mausoleum;mausoleum. This term does not include a transportation 36 |
|---|
| 650 | | - | protection agreement. 37 |
|---|
| 45 | + | for medical purposes. 33 |
|---|
| 46 | + | (4) "Casket" means a Casket. – A rigid container that is designed for the 34 |
|---|
| 47 | + | encasement of human remains and that is usually constructed of wood, metal, 35 |
|---|
| 48 | + | H.B. 1003 |
|---|
| 49 | + | Apr 10, 2025 |
|---|
| 50 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
|---|
| 51 | + | Page 2 DRH10442-NB-145B |
|---|
| 52 | + | or other material and ornamented and lined with fabric, and which may or may 1 |
|---|
| 53 | + | not be combustible. 2 |
|---|
| 54 | + | (5) "Certificate of cremation" means a Certificate of cremation. – A certificate 3 |
|---|
| 55 | + | provided by the crematory manager who performed the cremation containing, 4 |
|---|
| 56 | + | at a minimum, all of the following information: 5 |
|---|
| 57 | + | a. Name of decedent;decedent. 6 |
|---|
| 58 | + | b. Date of cremation;cremation. 7 |
|---|
| 59 | + | c. Name and address of crematory; andcrematory. 8 |
|---|
| 60 | + | d. Signature of crematory manager or person acting as crematory 9 |
|---|
| 61 | + | manager. 10 |
|---|
| 62 | + | (6) "Cremated remains" means all Cremated remains. – All human remains 11 |
|---|
| 63 | + | recovered after the completion of the cremation process, including 12 |
|---|
| 64 | + | pulverization which leaves only bone fragments reduced to unidentifiable 13 |
|---|
| 65 | + | dimensions. 14 |
|---|
| 66 | + | (7) "Cremation" means the Cremation. – The technical process, using intense heat 15 |
|---|
| 67 | + | and flame, that reduces human remains to bone fragments. Cremation includes 16 |
|---|
| 68 | + | the processing and may include the pulverization of the bone fragments. 17 |
|---|
| 69 | + | (8) "Cremation chamber" means the Cremation chamber. – The enclosed space 18 |
|---|
| 70 | + | within which the cremation process takes place. Cremation chambers covered 19 |
|---|
| 71 | + | by this Article shall be used exclusively for the cremation of human remains. 20 |
|---|
| 72 | + | (9) "Cremation container" means the Cremation container. – The container in 21 |
|---|
| 73 | + | which the human remains are transported to the crematory or placed therein 22 |
|---|
| 74 | + | upon arrival for storage and placement in a cremation chamber for cremation. 23 |
|---|
| 75 | + | A cremation container shall comply with all of the following standards: 24 |
|---|
| 76 | + | a. Be composed of readily combustible materials suitable for 25 |
|---|
| 77 | + | cremation;cremation. 26 |
|---|
| 78 | + | b. Be able to be closed in order to provide a complete covering for the 27 |
|---|
| 79 | + | human remains;remains. 28 |
|---|
| 80 | + | c. Be resistant to leakage or spillage;spillage. 29 |
|---|
| 81 | + | d. Be rigid enough for handling with ease;ease. 30 |
|---|
| 82 | + | e. Be able to provide protection for the health, safety, and personal 31 |
|---|
| 83 | + | integrity of crematory personnel; andpersonnel. 32 |
|---|
| 84 | + | f. Be easily identifiable. The covering of the cremation container shall 33 |
|---|
| 85 | + | contain all of the following information: 34 |
|---|
| 86 | + | 1. The name of the decedent;decedent. 35 |
|---|
| 87 | + | 2. The date of death;death. 36 |
|---|
| 88 | + | 3. The sex of the decedent; anddecedent. 37 |
|---|
| 89 | + | 4. The age at death of the decedent. 38 |
|---|
| 90 | + | (10) "Cremation interment container" means a Cremation interment container. – A 39 |
|---|
| 91 | + | rigid outer container composed of concrete, steel, fiberglass, or some similar 40 |
|---|
| 92 | + | material in which an urn is placed prior to being interred in the ground and 41 |
|---|
| 93 | + | which is designed to withstand prolonged exposure to the elements and to 42 |
|---|
| 94 | + | support the earth above the urn. 43 |
|---|
| 95 | + | (11) "Crematory" or "crematorium" means the Crematory or crematorium. – The 44 |
|---|
| 96 | + | building or buildings or portion of a building on a single site that houses the 45 |
|---|
| 97 | + | cremation equipment, the holding and processing facilities, the business 46 |
|---|
| 98 | + | office, and other parts of the crematory business. A crematory must comply 47 |
|---|
| 99 | + | with all applicable public health and environmental laws and rules and must 48 |
|---|
| 100 | + | contain the equipment and meet all of the standards established by the rules 49 |
|---|
| 101 | + | adopted by the Board. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 102 | + | DRH10442-NB-145B Page 3 |
|---|
| 103 | + | (12) "Crematory licensee" means the Crematory licensee. – The individual or legal 1 |
|---|
| 104 | + | entity that is licensed by the Board holds a license to operate a crematory and 2 |
|---|
| 105 | + | perform cremations. 3 |
|---|
| 106 | + | (13) "Crematory manager" means the Crematory manager. – The person who is 4 |
|---|
| 107 | + | responsible for the daily management and operation of the crematory. A 5 |
|---|
| 108 | + | crematory manager must either be licensed to practice funeral directing or 6 |
|---|
| 109 | + | funeral service and be qualified as a crematory technician or must obtain a 7 |
|---|
| 110 | + | crematory manager permit issued by the Board. In order to receive a crematory 8 |
|---|
| 111 | + | manager permit, a person must:must meet all of the following criteria: 9 |
|---|
| 112 | + | a. Be at least 18 years of age. 10 |
|---|
| 113 | + | b. Be of good moral character. 11 |
|---|
| 114 | + | c. Be qualified as a crematory technician. 12 |
|---|
| 115 | + | Notwithstanding any other provision of law, a crematory that is licensed by 13 |
|---|
| 116 | + | the Board prior to January 1, 2004, and as of that date is not managed by a 14 |
|---|
| 117 | + | crematory manager who is licensed to practice funeral directing or funeral 15 |
|---|
| 118 | + | service, or who has a crematory manager permit, may continue to be managed 16 |
|---|
| 119 | + | by a crematory manager who is not licensed to practice funeral directing or 17 |
|---|
| 120 | + | funeral service or who does not have a crematory manager permit so long as 18 |
|---|
| 121 | + | there is no sale, transfer, devise, gift, or any other disposal of a controlling 19 |
|---|
| 122 | + | interest in the crematory. 20 |
|---|
| 123 | + | (13a) "Cremation society" means any Cremation society. – Any person, firm, 21 |
|---|
| 124 | + | corporation, or organization that is affiliated with a crematory licensed under 22 |
|---|
| 125 | + | this Article and provides cremation information to consumers. 23 |
|---|
| 126 | + | (14) "Crematory technician" means any Crematory technician. – Any employee of 24 |
|---|
| 127 | + | a crematory licensee who has a certificate confirming that the crematory 25 |
|---|
| 128 | + | technician has attended a training course approved by the Board. The Board 26 |
|---|
| 129 | + | shall recognize the cremation certificate program that is conducted by the 27 |
|---|
| 130 | + | Cremation Association of North America (CANA). 28 |
|---|
| 131 | + | (15) "Final disposition" means the Final disposition. – The cremation and the 29 |
|---|
| 132 | + | ultimate interment, entombment, inurnment, or scattering of the cremated 30 |
|---|
| 133 | + | remains or the return of the cremated remains by the crematory licensee to the 31 |
|---|
| 134 | + | authorizing agent or such agent's designee as provided in this Article. Upon 32 |
|---|
| 135 | + | the written direction of the authorizing agent, cremated remains may take 33 |
|---|
| 136 | + | various forms. 34 |
|---|
| 137 | + | (16) "Holding and processing facility" means an Holding and processing facility. 35 |
|---|
| 138 | + | – An area or areas that are designated for the retention of human remains prior 36 |
|---|
| 139 | + | to, and the retention and processing of cremated remains after, cremation; that 37 |
|---|
| 140 | + | comply with all applicable public health and environmental laws; preserve the 38 |
|---|
| 141 | + | health and safety of the crematory technician and other personnel of the 39 |
|---|
| 142 | + | crematory; and that are secure from access by anyone other than authorized 40 |
|---|
| 143 | + | persons. A holding facility and processing facility must be located in a 41 |
|---|
| 144 | + | crematory. 42 |
|---|
| 145 | + | (17) "Human remains" means the Human remains. – The body of a deceased 43 |
|---|
| 146 | + | person, including a separate human fetus, regardless of the length of gestation, 44 |
|---|
| 147 | + | or body parts. 45 |
|---|
| 148 | + | (17a) Hydrolysis container. – A container, other than a casket, designed to enclose 46 |
|---|
| 149 | + | human remains and made of suitable material to be easily destroyed during 47 |
|---|
| 150 | + | hydrolysis and to resist spillage and leakage. A hydrolysis container may be a 48 |
|---|
| 151 | + | cremation container or any other container that meets the requirements of this 49 |
|---|
| 152 | + | subdivision. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 153 | + | Page 4 DRH10442-NB-145B |
|---|
| 154 | + | (17b) Hydrolysis licensee. – A person or entity licensed to hydrolyze human remains 1 |
|---|
| 155 | + | and perform hydrolysis. 2 |
|---|
| 156 | + | (17c) "Initial container" means a Initial container. – A receptacle for cremated 3 |
|---|
| 157 | + | remains, for which the intended use and design is to hold cremated remains, 4 |
|---|
| 158 | + | usually composed of cardboard, plastic, or similar material that can be closed 5 |
|---|
| 159 | + | in a manner so as to prevent the leakage or spillage of the cremated remains 6 |
|---|
| 160 | + | or the entrance of foreign material and is a single container of sufficient size 7 |
|---|
| 161 | + | to hold the cremated remains. 8 |
|---|
| 162 | + | (17d) Liquid waste. – Any liquid remaining after hydrolysis that does not contain 9 |
|---|
| 163 | + | any trace elements of human tissue. 10 |
|---|
| 164 | + | (18) "Niche" means a Niche. – A compartment or cubicle for the memorialization 11 |
|---|
| 165 | + | or final disposition of an urn or container containing cremated remains. 12 |
|---|
| 166 | + | (19) "Processing" means the Processing. – The removal of bone fragments from 13 |
|---|
| 167 | + | the cremation chamber for the reduction in size, labeling and packaging, and 14 |
|---|
| 168 | + | placing in an urn or initial container. 15 |
|---|
| 169 | + | (20) "Pulverization" means the Pulverization. – The reduction of identifiable or 16 |
|---|
| 170 | + | unidentifiable bone fragments after the completion of the cremation to 17 |
|---|
| 171 | + | granulated particles by mechanical means. 18 |
|---|
| 172 | + | (20a) Reduced human remains. – The remains of a human body after completion of 19 |
|---|
| 173 | + | reduction. 20 |
|---|
| 174 | + | (20b) Reduction. – Alkaline hydrolysis, cremation, and any other method of final 21 |
|---|
| 175 | + | disposition of human remains authorized by the Board. 22 |
|---|
| 176 | + | (20c) Reduction container. – A container, including a cremation container or any 23 |
|---|
| 177 | + | other container that meets the requirements of this subdivision other than a 24 |
|---|
| 178 | + | casket, designed to enclose human remains and made of suitable material to 25 |
|---|
| 179 | + | be easily destroyed during alkaline hydrolysis or cremation and to resist 26 |
|---|
| 180 | + | spillage and leakage. 27 |
|---|
| 181 | + | (21) "Scattering area" means an Scattering area. – An area permitted by North 28 |
|---|
| 182 | + | Carolina law including, but not limited to, an an area designated by a cemetery 29 |
|---|
| 183 | + | and located on dedicated cemetery property where cremated remains that have 30 |
|---|
| 184 | + | been removed from their container can be mixed with or placed on top of the 31 |
|---|
| 185 | + | soil or ground cover. 32 |
|---|
| 186 | + | (22) Repealed by Session Laws 2007-531, s. 18, effective August 31, 2007. 33 |
|---|
| 187 | + | (23) "Urn" means a Urn. – A receptacle designed to permanently encase the 34 |
|---|
| 188 | + | cremated remains." 35 |
|---|
| 189 | + | SECTION 1.2. G.S. 90-210.122 (Crematory Authority established.) is repealed. 36 |
|---|
| 190 | + | SECTION 1.3. Section 1.2 of this act becomes effective October 1, 2025. The 37 |
|---|
| 191 | + | members appointed to the Crematory Authority shall serve out their respective terms until 38 |
|---|
| 192 | + | October 1, 2025, at which point, notwithstanding any other provision of law, the members' 39 |
|---|
| 193 | + | respective terms will expire. Members shall be eligible for per diem and necessary travel and 40 |
|---|
| 194 | + | subsistence expenses in accordance with G.S. 93B-5 for any eligible expenses incurred up to 41 |
|---|
| 195 | + | October 1, 2025. The North Carolina Board of Funeral Service shall ensure that any unpaid, 42 |
|---|
| 196 | + | eligible expenses pursuant to G.S. 90-210.122(d) shall be paid to members of the Crematory 43 |
|---|
| 197 | + | Authority accordingly. 44 |
|---|
| 198 | + | SECTION 1.4. G.S. 90-210.123 reads as rewritten: 45 |
|---|
| 199 | + | "§ 90-210.123. Licensing and inspection. 46 |
|---|
| 200 | + | (a) Any person doing business in this State, or any cemetery, funeral establishment, 47 |
|---|
| 201 | + | corporation, partnership, joint venture, voluntary organization, or any other entity may erect, 48 |
|---|
| 202 | + | maintain, and operate a crematory in this State and may provide the necessary employees, 49 |
|---|
| 203 | + | facilities, structure, and equipment for the cremation of human remains, provided that the person 50 |
|---|
| 204 | + | or entity has secured a license as a crematory licensee in accordance with this Article. 51 General Assembly Of North Carolina Session 2025 |
|---|
| 205 | + | DRH10442-NB-145B Page 5 |
|---|
| 206 | + | (a1) A crematory operating under this Article is required to have a crematory manager. A 1 |
|---|
| 207 | + | crematory manager may manage multiple crematories within a 50-mile radius of each other. A 2 |
|---|
| 208 | + | crematory may operate for a period not to exceed 30 days without a crematory manager due to 3 |
|---|
| 209 | + | the crematory manager's termination or cessation of employment if all of the following criteria 4 |
|---|
| 210 | + | are met: 5 |
|---|
| 211 | + | (1) The crematory manager was the only person employed that is eligible to serve 6 |
|---|
| 212 | + | as a crematory manager at the time of the crematory manager's end of 7 |
|---|
| 213 | + | employment. 8 |
|---|
| 214 | + | (2) The crematory licensee retains one or more crematory technicians to perform 9 |
|---|
| 215 | + | cremations. 10 |
|---|
| 216 | + | (3) The crematory licensee registers the name of the crematory technicians with 11 |
|---|
| 217 | + | the Board. 12 |
|---|
| 218 | + | (b) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any 13 |
|---|
| 219 | + | funeral establishment that is zoned commercial or industrial, or at any other location consistent 14 |
|---|
| 220 | + | with local zoning and environmental regulations. 15 |
|---|
| 221 | + | (c) Application for a license as a crematory licensee shall be made on forms furnished 16 |
|---|
| 222 | + | and prescribed by the Board. The Board shall inspect the premises, facilities, structure, and 17 |
|---|
| 223 | + | equipment to be used as a crematory, confirm that the crematory manager's and crematory 18 |
|---|
| 224 | + | technician's educational certificate is valid, and issue a renewable license to the crematory 19 |
|---|
| 225 | + | licensee if the applicant meets all the requirements and standards of the Board and the 20 |
|---|
| 226 | + | requirements of this Article. 21 |
|---|
| 227 | + | (d) Every application for licensure shall identify the crematory manager and all crematory 22 |
|---|
| 228 | + | technicians employed by the crematory licensee providing that nothing in this Article shall 23 |
|---|
| 229 | + | prohibit the designation and identification by the crematory licensee of one individual to serve 24 |
|---|
| 230 | + | as a crematory manager and crematory technician. Each crematory licensed in North Carolina 25 |
|---|
| 231 | + | shall employ on a full-time basis at least one crematory technician. Every application for 26 |
|---|
| 232 | + | licensure and renewal thereof shall include all each crematory technicians' technician's 27 |
|---|
| 233 | + | educational certificates. certificate. The crematory licensee shall keep the Board informed at all 28 |
|---|
| 234 | + | times of the names and addresses of the crematory manager and all crematory technicians. In the 29 |
|---|
| 235 | + | event a licensee is in the process of replacing its only crematory technician at the time of license 30 |
|---|
| 236 | + | renewal, the licensee may continue to operate the crematory for a reasonable time period not to 31 |
|---|
| 237 | + | exceed 180 30 days. 32 |
|---|
| 238 | + | (d1) Crematory licensees that offer at-need cremation goods and services to the public 33 |
|---|
| 239 | + | shall comply with the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), 34 |
|---|
| 240 | + | as amended. 35 |
|---|
| 241 | + | (e) All licenses and permits shall expire on the last day of December of each year. On or 36 |
|---|
| 242 | + | after After February 1, a license or permit may be renewed by paying a late fee as provided in 37 |
|---|
| 243 | + | G.S. 90-210.132 in addition to the annual renewal fee. Licenses and permits that remain expired 38 |
|---|
| 244 | + | six months or more require a new application for renewal. Licenses and permits are not 39 |
|---|
| 245 | + | transferable. 40 |
|---|
| 246 | + | (e1) A new application for a license or permit shall be made to the Board within 30 days 41 |
|---|
| 247 | + | following a change of ownership of more than fifty percent (50%) of the business. A new 42 |
|---|
| 248 | + | application for a license or permit is required if any of the following occur: 43 |
|---|
| 249 | + | (1) A change to the legal structure of a crematory that results in a change of a 44 |
|---|
| 250 | + | majority of the crematory licensee's owners, partners, managers, members, 45 |
|---|
| 251 | + | operators, or officers. 46 |
|---|
| 252 | + | (2) A crematory licensee's owner, partner, manager, member, operator, or officer 47 |
|---|
| 253 | + | that holds a majority of the crematory's ownership interest dies. The estate of 48 |
|---|
| 254 | + | the decedent is permitted to apply for a permit within 180 days of the date of 49 |
|---|
| 255 | + | death. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 256 | + | Page 6 DRH10442-NB-145B |
|---|
| 257 | + | (f) No person, cemetery, funeral establishment, corporation, partnership, joint venture, 1 |
|---|
| 258 | + | voluntary organization, or any other entity shall cremate any human remains, except in a 2 |
|---|
| 259 | + | crematory licensed for this express purpose and operated by a crematory licensee subject to the 3 |
|---|
| 260 | + | restrictions and limitations of this Article or unless otherwise permitted by statute. 4 |
|---|
| 261 | + | (g) Whenever the Board finds that an owner, partner, crematory manager, member, 5 |
|---|
| 262 | + | officer, or any crematory technician of a crematory licensee or any applicant to become a 6 |
|---|
| 263 | + | crematory licensee, or that any authorized employee, agent, or representative has violated any 7 |
|---|
| 264 | + | provision of this Article, or is guilty of any of the following acts, and when the Board also finds 8 |
|---|
| 265 | + | that the crematory operator or applicant has thereby become unfit to practice, the Board may 9 |
|---|
| 266 | + | suspend, revoke, or refuse to issue or renew the license, in accordance with Chapter 150B of the 10 |
|---|
| 267 | + | General Statutes: 11 |
|---|
| 268 | + | (1) Conviction of a felony or a crime involving fraud or moral turpitude.plea of 12 |
|---|
| 269 | + | guilty or nolo contendere to a felony or misdemeanor that indicates that the 13 |
|---|
| 270 | + | individual is unfit or incompetent to engage in cremations or that the 14 |
|---|
| 271 | + | individual has deceived or defrauded the public. 15 |
|---|
| 272 | + | (1a) Denial, suspension, or revocation of an occupational or business license by 16 |
|---|
| 273 | + | another jurisdiction. 17 |
|---|
| 274 | + | (2) Fraud or misrepresentation in obtaining or renewing a license, in the practice 18 |
|---|
| 275 | + | of cremation, or in the operation of a licensee's business. 19 |
|---|
| 276 | + | (3) False or misleading advertising. 20 |
|---|
| 277 | + | (4) Solicitation of dead human bodies by the licensee, his agents, assistants, or 21 |
|---|
| 278 | + | employees; but this subdivision shall not be construed to prohibit general 22 |
|---|
| 279 | + | advertising by the licensee. 23 |
|---|
| 280 | + | (5) Employment directly or indirectly of any agent, assistant, or other person on 24 |
|---|
| 281 | + | a part-time or full-time basis or on commission for the purpose of calling upon 25 |
|---|
| 282 | + | individuals or institutions by whose influence dead human bodies may be 26 |
|---|
| 283 | + | turned over to a particular licensee. 27 |
|---|
| 284 | + | (6) The direct or indirect payment or offer of payment of a commission by the 28 |
|---|
| 285 | + | licensee or the licensee's agent, assistant, or employees for the purpose of 29 |
|---|
| 286 | + | securing business. 30 |
|---|
| 287 | + | (7) Gross immorality, including being under the influence of alcohol or drugs 31 |
|---|
| 288 | + | while performing cremation services.Acts or omissions indicating that the 32 |
|---|
| 289 | + | licensee is unable to engage in cremations with reasonable skill and safety by 33 |
|---|
| 290 | + | reason of illness, excessive use of alcohol, drugs, chemicals, or any other type 34 |
|---|
| 291 | + | of substance, or by reason of any physical or mental abnormality. 35 |
|---|
| 292 | + | (8) Aiding or abetting an unlicensed person to perform services under this Article, 36 |
|---|
| 293 | + | including the use of a picture or name in connection with advertisements or 37 |
|---|
| 294 | + | other written material published or caused to be published by the licensee. 38 |
|---|
| 295 | + | (9) Failing to treat a dead human body with respect at all times. 39 |
|---|
| 296 | + | (10) Violating or cooperating with others to violate any of the provisions of this 40 |
|---|
| 297 | + | Article Article and Article 13A, 13D, or 13E of this Chapter, or of the rules of 41 |
|---|
| 298 | + | the Board or violation of Funeral Industry Practices, 16 C.F.R. § 453 (1984), 42 |
|---|
| 299 | + | as amended. 43 |
|---|
| 300 | + | (11) Violation of any State law or municipal or county ordinance or regulation 44 |
|---|
| 301 | + | affecting the handling, custody, care, or transportation of dead human bodies. 45 |
|---|
| 302 | + | (12) Refusing to surrender promptly the custody of a dead human body or cremated 46 |
|---|
| 303 | + | remains upon the express order of the person lawfully entitled to the custody 47 |
|---|
| 304 | + | thereof, except as provided in G.S. 90-210.131(e). 48 |
|---|
| 305 | + | (13) Indecent exposure or exhibition of a dead human body while in the custody or 49 |
|---|
| 306 | + | control of a licensee. 50 |
|---|
| 307 | + | (14) Practicing funeral directing, embalming, or funeral service without a license. 51 General Assembly Of North Carolina Session 2025 |
|---|
| 308 | + | DRH10442-NB-145B Page 7 |
|---|
| 309 | + | (15) Allowing anyone other than a licensee of the Board or a crematory technician 1 |
|---|
| 310 | + | to perform a cremation. 2 |
|---|
| 311 | + | (16) Failure to refund any insurance proceeds received as consideration in excess 3 |
|---|
| 312 | + | of the funeral contract purchase price within 30 days of receipt. 4 |
|---|
| 313 | + | (17) Failure to provide, within a reasonable time, either the goods and services 5 |
|---|
| 314 | + | contracted for or a refund for the price of goods and services paid for but not 6 |
|---|
| 315 | + | fulfilled. 7 |
|---|
| 316 | + | (18) Violation of G.S. 58-58-97. 8 |
|---|
| 317 | + | (19) Failure to respond to the Board's inquiries in a reasonable manner or time 9 |
|---|
| 318 | + | regarding any matter affecting the individual's performance of cremations. 10 |
|---|
| 319 | + | (20) Failure to adequately supervise or oversee auxiliary licensed or unlicensed 11 |
|---|
| 320 | + | staff, employees, agents, or contractors, as required by this Article and Article 12 |
|---|
| 321 | + | 13D, 13E, or 13F of this Chapter, any rules of the Board, or the standards set 13 |
|---|
| 322 | + | forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), as amended. 14 |
|---|
| 323 | + | (21) Knowingly failing to follow the lawful direction of a person with the right to 15 |
|---|
| 324 | + | authorize disposition of human remains in accordance with G.S. 130A-420. 16 |
|---|
| 325 | + | In any case in which the Board is authorized to take any of the actions permitted under this 17 |
|---|
| 326 | + | subsection, the Board may instead accept an offer in compromise of the charges whereby the 18 |
|---|
| 327 | + | accused shall pay to the Board a penalty of not more than five thousand dollars ($5,000). 19 |
|---|
| 328 | + | (h) Where the Board finds a licensee is guilty of one or more of the acts or omissions 20 |
|---|
| 329 | + | listed in subsection (g) of this section but it is determined by the Board that the licensee has not 21 |
|---|
| 330 | + | thereby become unfit to practice, the Board may place the licensee on a term of probation in 22 |
|---|
| 331 | + | accordance with the procedures set out in Chapter 150B of the General Statutes. In any case in 23 |
|---|
| 332 | + | which the Board is entitled to place a licensee on a term of probation, the Board may also impose 24 |
|---|
| 333 | + | a penalty of not more than five thousand dollars ($5,000) in conjunction with the probation. The 25 |
|---|
| 334 | + | Board may determine the length and conditions of any period of probation, suspension, 26 |
|---|
| 335 | + | revocation, or refusal to issue or renew a license. 27 |
|---|
| 336 | + | (i) The Board may hold hearings in accordance with the provisions of this Article and 28 |
|---|
| 337 | + | Article 3A of Chapter 150B of the General Statutes. The Board is empowered to regulate and 29 |
|---|
| 338 | + | inspect crematories and crematory licensees and to enforce as provided by law the provisions of 30 |
|---|
| 339 | + | this Article and the rules adopted hereunder. Any crematory that, upon inspection, is found not 31 |
|---|
| 340 | + | to meet any of the requirements of this Article shall pay a reinspection fee to the Board for each 32 |
|---|
| 341 | + | additional inspection that is made to ascertain whether the deficiency or other violation has been 33 |
|---|
| 342 | + | corrected. The Board may obtain preliminary and final injunctions whenever a violation of this 34 |
|---|
| 343 | + | Article has occurred or threatens to occur. The Board may enforce compliance with the standards 35 |
|---|
| 344 | + | set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), as amended, and in accordance 36 |
|---|
| 345 | + | with subsection (d1) of this section. 37 |
|---|
| 346 | + | (i1) The Board may apply for injunctive relief in the superior county of (i) where an act is 38 |
|---|
| 347 | + | alleged to have taken place, (ii) where the defendant resides, or (iii) Wake County, if any person, 39 |
|---|
| 348 | + | firm, corporation, or other entity has committed an act allegedly violating any provision of this 40 |
|---|
| 349 | + | Article. If a court of competent jurisdiction finds a defendant has acted in violation of this Article, 41 |
|---|
| 350 | + | then the court shall issue an order enjoining and restraining the acts constituting violations. The 42 |
|---|
| 351 | + | Board shall be entitled to reimbursement of costs and attorneys' fees expended in an action 43 |
|---|
| 352 | + | brought under this subsection. 44 |
|---|
| 353 | + | In addition to the powers enumerated in Chapter 150B of the General Statutes, the Board 45 |
|---|
| 354 | + | shall have the power to administer oaths and issue subpoenas requiring the attendance of persons 46 |
|---|
| 355 | + | and the production of papers and records before the Board in any hearing, investigation, or 47 |
|---|
| 356 | + | proceeding conducted by it. Members of the Board's staff or the sheriff or other appropriate 48 |
|---|
| 357 | + | official of any county of this State shall serve all notices, subpoenas, and other papers given to 49 |
|---|
| 358 | + | them by the President of the Board for service in the same manner as process issued by any court 50 General Assembly Of North Carolina Session 2025 |
|---|
| 359 | + | Page 8 DRH10442-NB-145B |
|---|
| 360 | + | of record. Any person who neglects or refuses to obey a subpoena issued by the Board shall be 1 |
|---|
| 361 | + | guilty of a Class 1 misdemeanor." 2 |
|---|
| 362 | + | SECTION 1.5. G.S. 90-210.124 (Authorizing Agent.) is repealed. 3 |
|---|
| 363 | + | SECTION 1.6. Article 13F of Chapter 90 of the General Statutes is amended by 4 |
|---|
| 364 | + | adding a new section to read: 5 |
|---|
| 365 | + | "§ 90-210.124A. Authorizing agent. 6 |
|---|
| 366 | + | All crematory licensees shall comply with G.S. 130A-420 when acting under their respective 7 |
|---|
| 367 | + | scope of practice for dispositions of reduced human remains or body parts." 8 |
|---|
| 368 | + | SECTION 1.7. G.S. 90-210.125 reads as rewritten: 9 |
|---|
| 369 | + | "§ 90-210.125. Authorization to cremate. 10 |
|---|
| 370 | + | (a) A crematory licensee shall not cremate human remains until it has received a 11 |
|---|
| 371 | + | cremation authorization form signed by an authorizing agent. The cremation authorization form 12 |
|---|
| 372 | + | shall be prescribed by the Board and shall contain at a minimum the following information: 13 |
|---|
| 373 | + | … 14 |
|---|
| 374 | + | (6) A representation that the authorizing agent does in fact have the right to 15 |
|---|
| 375 | + | authorize the cremation of the decedent and that the authorizing agent is not 16 |
|---|
| 376 | + | aware of any living person who has a superior priority right to that of the 17 |
|---|
| 377 | + | authorizing agent, as set forth in G.S. 90-210.124. G.S. 130A-420. Or, in the 18 |
|---|
| 378 | + | event that there is another living person who does have a superior priority right 19 |
|---|
| 379 | + | to that of the authorizing agent, a representation that the authorizing agent has 20 |
|---|
| 380 | + | made all reasonable efforts to contact such person, has been unable to do so, 21 |
|---|
| 381 | + | and has no reason to believe that such person would object to the cremation 22 |
|---|
| 382 | + | of the decedent. 23 |
|---|
| 383 | + | … 24 |
|---|
| 384 | + | (13) If a cremation authorization form is being executed on a preneed basis, the 25 |
|---|
| 385 | + | cremation authorization form shall contain the disclosure required by 26 |
|---|
| 386 | + | G.S. 90-210.126. The authorizing agent may specify in writing religious 27 |
|---|
| 387 | + | practices that conflict with Article 13 Article 13A, 13D, or 13F of this 28 |
|---|
| 388 | + | Chapter. The crematory licensee and funeral director shall observe those 29 |
|---|
| 389 | + | religious practices except where they interfere with cremation in a licensed 30 |
|---|
| 390 | + | crematory as specified under G.S. 90-210.123 or the required documentation 31 |
|---|
| 391 | + | and record keeping. 32 |
|---|
| 392 | + | …." 33 |
|---|
| 393 | + | SECTION 1.8. G.S. 90-210.126 reads as rewritten: 34 |
|---|
| 394 | + | "§ 90-210.126. Preneed cremation arrangements. 35 |
|---|
| 395 | + | (a) Any person, on a preneed basis, may authorize the person's own cremation and the 36 |
|---|
| 396 | + | final disposition of the person's cremated remains by executing, as the authorizing agent, a 37 |
|---|
| 397 | + | cremation authorization form on a preneed basis and having the form signed by two witnesses. 38 |
|---|
| 398 | + | The witnesses in accordance with G.S. 130A-420. If the person executes a cremation 39 |
|---|
| 399 | + | authorization form on a preneed basis, the person shall retain a copy of this form, and a copy 40 |
|---|
| 400 | + | shall be sent to the funeral establishment and/or or the crematory licensee. licensee, or both. Any 41 |
|---|
| 401 | + | person shall have the right to transfer or cancel this authorization at any time prior to the person's 42 |
|---|
| 402 | + | death by destroying the executed cremation authorization form and providing written notice to 43 |
|---|
| 403 | + | the party or parties that received the cremation authorization form. 44 |
|---|
| 404 | + | …." 45 |
|---|
| 405 | + | SECTION 1.9. G.S. 90-210.127 reads as rewritten: 46 |
|---|
| 406 | + | "§ 90-210.127. Record keeping. 47 |
|---|
| 407 | + | (a) The crematory licensee shall furnish to the person who delivers such human remains 48 |
|---|
| 408 | + | to the crematory licensee a receipt, signed by both the crematory licensee and the person who 49 |
|---|
| 409 | + | delivers the human remains, showing the date and time of the delivery; the type of casket or 50 |
|---|
| 410 | + | cremation container that was delivered; the name of the person from whom the human remains 51 General Assembly Of North Carolina Session 2025 |
|---|
| 411 | + | DRH10442-NB-145B Page 9 |
|---|
| 412 | + | were received and the name of the funeral establishment or other entity with whom such person 1 |
|---|
| 413 | + | is affiliated; the name of the person who received the human remains on behalf of the crematory 2 |
|---|
| 414 | + | licensee; and the name of the decedent. The crematory licensee shall retain a copy of this receipt 3 |
|---|
| 415 | + | in its permanent records for three years. 4 |
|---|
| 416 | + | (b) Upon its release of cremated reduced human remains, the crematory licensee shall 5 |
|---|
| 417 | + | furnish to the person who receives such cremated those reduced human remains from the 6 |
|---|
| 418 | + | crematory licensee a receipt, signed by both the crematory licensee and the person who receives 7 |
|---|
| 419 | + | the cremated reduced human remains, showing the date and time of the release; the name of the 8 |
|---|
| 420 | + | person to whom the cremated reduced human remains were released and the name of the funeral 9 |
|---|
| 421 | + | establishment, cemetery, or other entity with whom such person is affiliated; the name of the 10 |
|---|
| 422 | + | person who released the cremated reduced human remains on behalf of the crematory licensee; 11 |
|---|
| 423 | + | and the name of the decedent. The crematory shall retain a copy of this receipt in its permanent 12 |
|---|
| 424 | + | records for three years. 13 |
|---|
| 425 | + | (c) A crematory licensee shall maintain at its place of business a record of all forms 14 |
|---|
| 426 | + | required by the Board of each cremation that took place at its facility for three years. A funeral 15 |
|---|
| 427 | + | establishment shall maintain at its place of business a record of all forms generated by or provided 16 |
|---|
| 428 | + | to it under this Article for a period of three years. 17 |
|---|
| 429 | + | (d) The crematory licensee shall maintain a record for three years of all cremated reduced 18 |
|---|
| 430 | + | human remains disposed of by the crematory licensee in accordance with G.S. 90-210.126(d). 19 |
|---|
| 431 | + | (e) Upon completion of the cremation, the crematory licensee shall issue a certificate of 20 |
|---|
| 432 | + | cremation. 21 |
|---|
| 433 | + | (f) All records that are required to be maintained under this Article shall be subject to 22 |
|---|
| 434 | + | inspection by the Board or its agents upon request." 23 |
|---|
| 435 | + | SECTION 1.10. G.S. 90-210.128 reads as rewritten: 24 |
|---|
| 436 | + | "§ 90-210.128. Cremation containers. 25 |
|---|
| 437 | + | (a) No crematory licensee shall make or enforce any rules requiring that any human 26 |
|---|
| 438 | + | remains be placed in a casket before cremation or that human remains be cremated in a casket, 27 |
|---|
| 439 | + | nor shall any crematory licensee refuse to accept human remains for cremation for the reason 28 |
|---|
| 440 | + | that they are not in a casket. 29 |
|---|
| 441 | + | (b) No crematory licensee shall make or enforce any rules requiring that any cremated 30 |
|---|
| 442 | + | remains be placed in an urn or receptacle designed to permanently encase the cremated reduced 31 |
|---|
| 443 | + | human remains after the cremation process has been performed." 32 |
|---|
| 444 | + | SECTION 1.11. G.S. 90-210.129 reads as rewritten: 33 |
|---|
| 445 | + | "§ 90-210.129. Cremation procedures. 34 |
|---|
| 446 | + | (a) For any death occurring in North Carolina certified by the attending physician or other 35 |
|---|
| 447 | + | person authorized by law to sign a death certificate under the supervision of a physician, the body 36 |
|---|
| 448 | + | shall not be cremated before the crematory licensee receives a death certificate signed by the 37 |
|---|
| 449 | + | person authorized to sign the death certificate, which shall contain contain, at a minimum 38 |
|---|
| 450 | + | minimum, all of the following information: 39 |
|---|
| 451 | + | (1) Decedent's name;name. 40 |
|---|
| 452 | + | (2) Date of death;death. 41 |
|---|
| 453 | + | (3) Date of birth;birth. 42 |
|---|
| 454 | + | (4) Sex;Sex. 43 |
|---|
| 455 | + | (5) Place of death;death. 44 |
|---|
| 456 | + | (6) Facility name (if not institution, give street and number);number). 45 |
|---|
| 457 | + | (7) County of death;death. 46 |
|---|
| 458 | + | (8) City of death; anddeath. 47 |
|---|
| 459 | + | (9) Time of death (if known). 48 |
|---|
| 460 | + | … 49 |
|---|
| 461 | + | (g) Human remains shall be cremated only while enclosed in a cremation container. Upon 50 |
|---|
| 462 | + | completion of the cremation, and insofar as is possible, all of the recoverable residue of the 51 General Assembly Of North Carolina Session 2025 |
|---|
| 463 | + | Page 10 DRH10442-NB-145B |
|---|
| 464 | + | cremation process shall be removed from the cremation chamber. Insofar as is possible, all 1 |
|---|
| 465 | + | residue of the cremation process shall then be separated from any foreign residue or anything 2 |
|---|
| 466 | + | else other than bone fragments and then be processed by pulverization so as to reduce the 3 |
|---|
| 467 | + | cremated remains to unidentifiable particles. Any foreign residue and anything other than the 4 |
|---|
| 468 | + | particles of the cremated remains shall be removed from the cremated reduced human remains 5 |
|---|
| 469 | + | as far as possible and shall be disposed of by the crematory licensee. This section does not apply 6 |
|---|
| 470 | + | where law otherwise provides for commingling of human remains. The fact that there is 7 |
|---|
| 471 | + | incidental and unavoidable residue in the cremation chamber used in a prior cremation is not a 8 |
|---|
| 472 | + | violation of this subsection. 9 |
|---|
| 473 | + | … 10 |
|---|
| 474 | + | (k) Nothing in this Article shall require a crematory licensee to perform a cremation that 11 |
|---|
| 475 | + | is impossible or impractical to perform. 12 |
|---|
| 476 | + | (l) The cremated reduced human remains with proper identification shall be placed in an 13 |
|---|
| 477 | + | initial container or the urn selected or provided by the authorizing agent. The initial container or 14 |
|---|
| 478 | + | urn contents shall not be contaminated with any other object, unless specific authorization has 15 |
|---|
| 479 | + | been received from the authorizing agent or as provided in subsection (g) of this section. 16 |
|---|
| 480 | + | (m) If the cremated reduced human remains are greater than the dimensions of an initial 17 |
|---|
| 481 | + | container or urn, the excess cremated reduced human remains shall be returned to the authorizing 18 |
|---|
| 482 | + | agent or its representative in a separate container or urn. 19 |
|---|
| 483 | + | (n) If the cremated reduced human remains are to be shipped, the initial container or urn 20 |
|---|
| 484 | + | shall be packed securely in a suitable shipping container that complies with the requirements of 21 |
|---|
| 485 | + | the shipper. Cremated Reduced human remains shall be shipped only by a method which has an 22 |
|---|
| 486 | + | internal tracing system available and which provides a receipt signed by the person accepting 23 |
|---|
| 487 | + | delivery, unless otherwise authorized in writing by the authorizing agent. Cremated Reduced 24 |
|---|
| 488 | + | human remains shall be shipped to the proper address as stated on the cremation authorization 25 |
|---|
| 489 | + | form signed by the authorizing agent. 26 |
|---|
| 490 | + | … 27 |
|---|
| 491 | + | (r) A crematory shall refrigerate human remains at a temperature not greater than 40 28 |
|---|
| 492 | + | degrees Fahrenheit, unless the cremation will begin within 24 hours of the time in which the 29 |
|---|
| 493 | + | crematory licensee takes custody of the human remains." 30 |
|---|
| 494 | + | SECTION 1.12. G.S. 90-210.130 reads as rewritten: 31 |
|---|
| 495 | + | "§ 90-210.130. Final disposition of cremated reduced human remains. 32 |
|---|
| 496 | + | (a) The authorizing agent shall provide the person with whom cremation arrangements 33 |
|---|
| 497 | + | are made with a signed statement specifying the ultimate disposition of the cremated reduced 34 |
|---|
| 498 | + | human remains, if known. The crematory licensee may store or retain cremated reduced human 35 |
|---|
| 499 | + | remains as directed by the authorizing agent. Records of retention and disposition of cremated 36 |
|---|
| 500 | + | reduced human remains shall be kept by the crematory licensee pursuant to G.S. 90-210.127. 37 |
|---|
| 501 | + | (b) The authorizing agent is responsible for the disposition of the cremated reduced 38 |
|---|
| 502 | + | human remains. If, after a period of 30 days from the date of cremation, If the authorizing agent 39 |
|---|
| 503 | + | or the agent's representative has not specified the final disposition or claimed the cremated 40 |
|---|
| 504 | + | remains, reduced human remains within 30 days after the crematory licensee provides written 41 |
|---|
| 505 | + | notice delivered by certified mail to the authorizing agent's last known address that the reduced 42 |
|---|
| 506 | + | human remains are available for retrieval, the crematory licensee or the person in possession of 43 |
|---|
| 507 | + | the cremated reduced human remains may release the cremated reduced human remains to 44 |
|---|
| 508 | + | another family member upon written notification to the authorizing agent delivered by certified 45 |
|---|
| 509 | + | mail or dispose of the cremated reduced human remains only in a manner permitted in this 46 |
|---|
| 510 | + | section. Article. The authorizing agent shall be responsible for reimbursing the crematory 47 |
|---|
| 511 | + | licensee for all reasonable expenses incurred in disposing of the cremated reduced human 48 |
|---|
| 512 | + | remains pursuant to this section. A record of such disposition shall be made and kept by the 49 |
|---|
| 513 | + | person making the disposition. Upon disposing of cremated reduced human remains in 50 |
|---|
| 514 | + | accordance with this section, Article, the crematory licensee or person in possession of the 51 General Assembly Of North Carolina Session 2025 |
|---|
| 515 | + | DRH10442-NB-145B Page 11 |
|---|
| 516 | + | cremated reduced human remains shall be discharged from any legal obligation or liability 1 |
|---|
| 517 | + | concerning such cremated those reduced human remains. 2 |
|---|
| 518 | + | (c) In addition to the disposal of cremated reduced human remains in a crypt, niche, 3 |
|---|
| 519 | + | grave, or scattering garden located in a dedicated cemetery, or by scattering over uninhabited 4 |
|---|
| 520 | + | public land, the sea, or other public waterways pursuant to subsection (f) of this section, cremated 5 |
|---|
| 521 | + | reduced human remains may be disposed of in any manner on the private property of a consenting 6 |
|---|
| 522 | + | owner, upon direction of the authorizing agent. If cremated reduced human remains are to be 7 |
|---|
| 523 | + | disposed of by the crematory licensee on private property, other than dedicated cemetery 8 |
|---|
| 524 | + | property, the authorizing agent shall provide the crematory licensee with the written consent of 9 |
|---|
| 525 | + | the property owner. 10 |
|---|
| 526 | + | (d) Except with the express written permission of the authorizing agent, no person 11 |
|---|
| 527 | + | may:shall do any of the following: 12 |
|---|
| 528 | + | (1) Dispose of or scatter cremated reduced human remains in such a manner or in 13 |
|---|
| 529 | + | such a location that the cremated reduced human remains are commingled 14 |
|---|
| 530 | + | with those of another person. This subdivision shall not apply to the scattering 15 |
|---|
| 531 | + | of cremated reduced human remains at sea or by air from individual closed 16 |
|---|
| 532 | + | containers or to the scattering of cremated remains in an area located in a 17 |
|---|
| 533 | + | dedicated cemetery and used exclusively for such those purposes. 18 |
|---|
| 534 | + | (2) Place cremated reduced human remains of more than one person in the same 19 |
|---|
| 535 | + | closed container. This subdivision shall not apply to placing the cremated 20 |
|---|
| 536 | + | reduced human remains of members of the same family in a common closed 21 |
|---|
| 537 | + | container designed for the cremated reduced human remains of more than one 22 |
|---|
| 538 | + | person with the written consent of the family. 23 |
|---|
| 539 | + | (e) Cremated Reduced human remains shall be released by the crematory licensee to the 24 |
|---|
| 540 | + | individual specified by the authorizing agent on the cremation authorization form. The 25 |
|---|
| 541 | + | representative of the crematory licensee and the individual receiving the cremated reduced human 26 |
|---|
| 542 | + | remains shall sign a receipt indicating the name of the deceased, and the date, time, and place of 27 |
|---|
| 543 | + | the receipt, and contain a representation that the handling of the final disposition will be in a 28 |
|---|
| 544 | + | proper manner. After this delivery, the cremated remains may be transported in any manner in 29 |
|---|
| 545 | + | this State, without a permit, and disposed of in accordance with the provisions of this Article. 30 |
|---|
| 546 | + | (f) Cremated Reduced human remains may be scattered over uninhabited public land, 31 |
|---|
| 547 | + | over a public waterway or sea, subject to health and environmental standards, or on the private 32 |
|---|
| 548 | + | property of a consenting owner pursuant to subsection (c) of this section. A person may utilize a 33 |
|---|
| 549 | + | boat or airplane to perform such scattering. Cremated scattering under this subsection. Reduced 34 |
|---|
| 550 | + | human remains shall be removed from their closed container before they are scattered." 35 |
|---|
| 551 | + | SECTION 1.13. G.S. 90-210.131 reads as rewritten: 36 |
|---|
| 552 | + | "§ 90-210.131. Limitation of liability. 37 |
|---|
| 652 | | - | (10) "Transportation protection agreement" means an agreement that primarily 39 |
|---|
| 653 | | - | provides for the coordination and arranging of all professional services related 40 |
|---|
| 654 | | - | to the preparation of human remains or cremated remains for the purpose of 41 |
|---|
| 655 | | - | initial and subsequent transportation of those remains." 42 |
|---|
| 656 | | - | SECTION 2.1.(b) G.S. 90-210.72 reads as rewritten: 43 |
|---|
| 657 | | - | "§ 90-210.72. Nonapplication to certain funeral contracts. 44 |
|---|
| 658 | | - | This Article does not apply to contracts any of the following: 45 |
|---|
| 659 | | - | (1) Contracts for funeral services or merchandise sold as preneed burial insurance 46 |
|---|
| 660 | | - | policies pursuant to Part 13 of Article 10 of Chapter 143B of the North 47 |
|---|
| 661 | | - | Carolina General Statutes or to replacements policies pursuant to Article 13E 48 |
|---|
| 662 | | - | of this Chapter. 49 |
|---|
| 663 | | - | (2) Replacements or conversions of such policies pursuant to G.S. 50 |
|---|
| 664 | | - | 143B-472.28.G.S. 90-210.106. 51 General Assembly Of North Carolina Session 2025 |
|---|
| 665 | | - | Page 14 House Bill 1003-First Edition |
|---|
| 666 | | - | (3) A transportation protection agreement as defined in this Article." 1 |
|---|
| 667 | | - | SECTION 2.1.(c) The North Carolina Board of Funeral Service may adopt rules to 2 |
|---|
| 668 | | - | implement the provisions of this section. 3 |
|---|
| 669 | | - | SECTION 2.1.(d) This section becomes effective October 1, 2025, and applies to 4 |
|---|
| 670 | | - | preneed funeral contracts and transportation protection agreements entered into on or after that 5 |
|---|
| 671 | | - | date. 6 |
|---|
| 672 | | - | SECTION 2.2.(a) G.S. 58-7-15 reads as rewritten: 7 |
|---|
| 673 | | - | "§ 58-7-15. Kinds of insurance authorized. 8 |
|---|
| 674 | | - | The kinds of insurance that may be authorized in this State, subject to the other provisions of 9 |
|---|
| 675 | | - | Articles 1 through 64 of this Chapter, are set forth in this section. Except to the extent an insurer 10 |
|---|
| 676 | | - | participates in a risk sharing plan under Article 42 of this Chapter, nothing in this section requires 11 |
|---|
| 677 | | - | any insurer to insure every kind of risk that it is authorized to insure. Except to the extent an 12 |
|---|
| 678 | | - | insurer participates in a risk sharing plan under Article 42 of this Chapter, no insurer may transact 13 |
|---|
| 679 | | - | any other business than that specified in its charter and articles of association or incorporation. 14 |
|---|
| 680 | | - | The power to do any kind of insurance against loss of or damage to property includes the power 15 |
|---|
| 681 | | - | to insure all lawful interests in the property and to insure against loss of use and occupancy and 16 |
|---|
| 682 | | - | rents and profits resulting therefrom; but no kind of insurance includes life insurance or insurance 17 |
|---|
| 683 | | - | against legal liability for personal injury or death unless specified in this section. In addition to 18 |
|---|
| 684 | | - | any power to engage in any other kind of business than an insurance business that is specifically 19 |
|---|
| 685 | | - | conferred by the provisions of Articles 1 through 64 of this Chapter, any insurer authorized to do 20 |
|---|
| 686 | | - | business in this State may engage in such other kinds of business to the extent necessarily or 21 |
|---|
| 687 | | - | properly incidental to the kinds of insurance business that it is authorized to do in this State. Each 22 |
|---|
| 688 | | - | of the following indicates the scope of the kind of insurance business specified: 23 |
|---|
| 689 | | - | (1) "Life insurance", meaning every insurance upon the lives of human beings 24 |
|---|
| 690 | | - | and every insurance appertaining thereto. The business of life insurance 25 |
|---|
| 691 | | - | includes the granting of endowment benefits; additional benefits in the event 26 |
|---|
| 692 | | - | of death by accident or accidental means; additional benefits operating to 27 |
|---|
| 693 | | - | safeguard the contract from lapse, or to provide a special surrender value, in 28 |
|---|
| 694 | | - | the event of total and permanent disability of the insured, including industrial 29 |
|---|
| 695 | | - | sick benefit; and optional modes of settlement of proceeds. The business of 30 |
|---|
| 696 | | - | life insurance does not include the provision of transportation protection 31 |
|---|
| 697 | | - | agreements, as defined under G.S. 90-210.60. 32 |
|---|
| 698 | | - | …." 33 |
|---|
| 699 | | - | SECTION 2.2.(b) G.S. 58-58-1 reads as rewritten: 34 |
|---|
| 700 | | - | "§ 58-58-1. Definitions; requisites of contract. 35 |
|---|
| 701 | | - | (a) All corporations or associations doing business in this State, under any charter or 36 |
|---|
| 702 | | - | statute of this or any other state, involving the payment of money or other thing of value to 37 |
|---|
| 703 | | - | families or representatives of policy and certificate holders or members, conditioned upon the 38 |
|---|
| 704 | | - | continuance or cessation of human life, or involving an insurance, guaranty, contract, or pledge 39 |
|---|
| 705 | | - | for the payment of endowments or annuities, or who employ agents to solicit such business, are 40 |
|---|
| 706 | | - | life insurance companies, in all respects subject to the laws herein made and provided for the 41 |
|---|
| 707 | | - | government of life insurance companies, and shall not make any such insurance, guaranty, 42 |
|---|
| 708 | | - | contract, or pledge in this State with any citizen, or resident thereof, which does not distinctly 43 |
|---|
| 709 | | - | state the amount of benefits payable, the manner of payment, the consideration therefor and such 44 |
|---|
| 710 | | - | other provisions as the Commissioner may require. 45 |
|---|
| 711 | | - | (b) This section does not apply to a preneed licensee under Article 13D of Chapter 90 of 46 |
|---|
| 712 | | - | the General Statutes or for the purposes of a transportation protection agreement, as defined under 47 |
|---|
| 713 | | - | G.S. 90-210.60." 48 |
|---|
| 714 | | - | SECTION 2.2.(c) G.S. 58-58-125 reads as rewritten: 49 |
|---|
| 715 | | - | "§ 58-58-125. Minimum premium rates for assessment life insurance companies. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 716 | | - | House Bill 1003-First Edition Page 15 |
|---|
| 717 | | - | No assessment life insurance corporation, organization or association of any kind issuing 1 |
|---|
| 718 | | - | policies or contracts upon the life of any resident of this State shall hereafter be organized or 2 |
|---|
| 719 | | - | licensed by the Commissioner unless such corporation, organization or association adopt 3 |
|---|
| 720 | | - | premium rates based upon the attained age of the assured at the time of issuance of the contract 4 |
|---|
| 721 | | - | and such rates shall not be less than those fixed by the American Experience Table of Mortality 5 |
|---|
| 722 | | - | or any other recognized table of mortality approved by the Commissioner. Nothing contained in 6 |
|---|
| 723 | | - | this section shall be construed to affect burial associations regulated under G.S. 143B-472 7 |
|---|
| 724 | | - | through 143B-472.28 Article 13E of Chapter 90 of the General Statutes or railroad burial 8 |
|---|
| 725 | | - | associations." 9 |
|---|
| 726 | | - | SECTION 2.2.(d) G.S. 58-58-330(a) reads as rewritten: 10 |
|---|
| 727 | | - | "(a) This Part does not apply to solicitations or sales involving:involving any of the 11 |
|---|
| 728 | | - | following: 12 |
|---|
| 729 | | - | … 13 |
|---|
| 730 | | - | (7) Contracts used to fund:fund any of the following: 14 |
|---|
| 731 | | - | … 15 |
|---|
| 732 | | - | f. Prearranged funeral contracts.contracts or transportation protection 16 |
|---|
| 733 | | - | agreements, as both terms are defined under G.S. 90-210.60." 17 |
|---|
| 734 | | - | SECTION 2.2.(e) G.S. 58-58-335(8) reads as rewritten: 18 |
|---|
| 735 | | - | "(8) "Life insurance" means insurance coverage on human lives, including benefits 19 |
|---|
| 736 | | - | of endowment and annuities, and may include benefits in the event of death 20 |
|---|
| 737 | | - | or dismemberment by accident and benefits for disability income; and unless 21 |
|---|
| 738 | | - | otherwise specifically excluded, includes individually issued annuities. In 22 |
|---|
| 739 | | - | accordance with G.S. 58-7-15, this term does not include a transportation 23 |
|---|
| 740 | | - | protection agreement." 24 |
|---|
| 741 | | - | SECTION 2.2.(f) G.S. 58-60-35(a) reads as rewritten: 25 |
|---|
| 742 | | - | "§ 58-60-35. Disclosure of prearrangement insurance policy provisions. 26 |
|---|
| 743 | | - | (a) As used The following definitions apply in this section: 27 |
|---|
| 744 | | - | (1) "Prearrangement" means any Prearrangement. – A contract, agreement, or 28 |
|---|
| 745 | | - | mutual understanding, or any series or combination of contracts, agreements 29 |
|---|
| 746 | | - | or mutual understandings, whether funded by trust deposits or prearrangement 30 |
|---|
| 747 | | - | insurance policies, or any combination thereof, which has for a purpose the 31 |
|---|
| 748 | | - | furnishing or performance of specific funeral services, or the furnishing or 32 |
|---|
| 749 | | - | delivery of specific personal property, merchandise, or services of any nature 33 |
|---|
| 750 | | - | in connection with the final disposition of a dead human body, to be furnished 34 |
|---|
| 751 | | - | or delivered at a time determinable by the death of the person whose body is 35 |
|---|
| 752 | | - | to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, 36 |
|---|
| 753 | | - | niche, mausoleum, grave marker or monument. This term does not include a 37 |
|---|
| 754 | | - | transportation protection agreement, as defined under G.S. 90-210.60. 38 |
|---|
| 755 | | - | (2) "Prearrangement insurance policy" means a Prearrangement insurance policy. 39 |
|---|
| 756 | | - | – A life insurance policy, annuity contract, or other insurance contract, or any 40 |
|---|
| 757 | | - | series of contracts or agreements in any form or manner, issued on a group or 41 |
|---|
| 758 | | - | individual basis by an insurance company authorized by law to do business in 42 |
|---|
| 759 | | - | this State, which, whether by assignment or otherwise, has for its sole purpose 43 |
|---|
| 760 | | - | the funding of a specific preneed funeral contract or a specific 44 |
|---|
| 761 | | - | insurance-funded funeral or burial prearrangement, the insured being the 45 |
|---|
| 762 | | - | person for whose service the funds were paid." 46 |
|---|
| 763 | | - | SECTION 2.2.(g) This section becomes effective October 1, 2025, and applies to 47 |
|---|
| 764 | | - | preneed funeral contracts and transportation protection agreements entered into on or after that 48 |
|---|
| 765 | | - | date. 49 |
|---|
| 766 | | - | SECTION 2.3.(a) G.S. 58-58-97 reads as rewritten: 50 General Assembly Of North Carolina Session 2025 |
|---|
| 767 | | - | Page 16 House Bill 1003-First Edition |
|---|
| 768 | | - | "§ 58-58-97. Provision of life insurance information upon notification of insured's death.to 1 |
|---|
| 769 | | - | funeral provider. 2 |
|---|
| 770 | | - | (a) Any person licensed to practice funeral directing or any employee of a funeral 3 |
|---|
| 771 | | - | establishment licensed under the provisions of Article 13A of Chapter 90 of the General Statutes 4 |
|---|
| 772 | | - | providing funeral service, as that term is defined in G.S. 90-210.20, for may request from a life 5 |
|---|
| 773 | | - | insurance carrier information regarding a life insurance contract or contracts as follows: 6 |
|---|
| 774 | | - | (1) For a prospective policy beneficiary when that beneficiary is requesting the 7 |
|---|
| 775 | | - | use of a life insurance policy for the fulfilment of funeral services, by 8 |
|---|
| 776 | | - | providing the insurer a written authorization from the prospective policy 9 |
|---|
| 777 | | - | beneficiary. 10 |
|---|
| 778 | | - | (2) For a deceased person insured or believed to be insured under a contract of 11 |
|---|
| 779 | | - | life insurance or under a group life insurance policy may request information 12 |
|---|
| 780 | | - | regarding the deceased person's life insurance contracts policy, by providing 13 |
|---|
| 781 | | - | an insurer with (i) a copy of a notification of death filed pursuant to 14 |
|---|
| 782 | | - | G.S. 130A-112, (ii) written authorization from the person or persons with 15 |
|---|
| 783 | | - | legal authority to direct disposition of the deceased's body as prescribed under 16 |
|---|
| 784 | | - | G.S. 90-210.124 or G.S. 130A-420, and (iii) in the case of a person covered 17 |
|---|
| 785 | | - | or believed to be covered under a group life insurance policy, the affiliation 18 |
|---|
| 786 | | - | of the deceased entitling them to coverage under the group life insurance 19 |
|---|
| 787 | | - | policy. 20 |
|---|
| 788 | | - | (a1) As soon as possible No later than one business day after receipt of the request, a 21 |
|---|
| 789 | | - | request under this section, the life insurance company shall inform the person authorized by this 22 |
|---|
| 790 | | - | section to make an inquiry of the following:following information: 23 |
|---|
| 791 | | - | (1) The existence of any contract insuring the life of the deceased person. 24 |
|---|
| 792 | | - | (2) Any beneficiaries on record under any life insurance contract insuring the life 25 |
|---|
| 793 | | - | of a prospective policy beneficiary or the deceased person. 26 |
|---|
| 794 | | - | (3) The amount of any liens or loans outstanding on the policy. 27 |
|---|
| 795 | | - | (4) The amount of benefits payable to the beneficiaries. 28 |
|---|
| 796 | | - | (5) Whether the policy has been reinstated within the last 24 months. 29 |
|---|
| 797 | | - | The insurer shall provide a claim form to any person or assignee making the request. 30 |
|---|
| 798 | | - | (b) If any person making a written request under subsection (a) of this section who has 31 |
|---|
| 799 | | - | provided all the information required by subsection (a) of this section does not receive a timely 32 |
|---|
| 800 | | - | response within one business day from the insurer, then the person may refer the request to the 33 |
|---|
| 801 | | - | Consumer Services Division of the Department, which shall treat the referral as a consumer 34 |
|---|
| 802 | | - | complaint. The referral shall include all the information provided to the insurer under subsection 35 |
|---|
| 803 | | - | (a) of this section as well as copies of all communications and information received from the 36 |
|---|
| 804 | | - | insurer regarding the request for information. Failure to meet the deadline for the provision of 37 |
|---|
| 805 | | - | information under this section may subject the insurer to a penalty under G.S. 58-2-70. 38 |
|---|
| 806 | | - | (c) If In the case of a deceased person, if the beneficiary of record under the life insurance 39 |
|---|
| 807 | | - | contract or group life insurance policy is not the estate of the deceased, then any person 40 |
|---|
| 808 | | - | authorized to request information under subsection (a) of this section shall make reasonable 41 |
|---|
| 809 | | - | efforts to locate the beneficiaries within 100 hours of receiving information from the insurance 42 |
|---|
| 810 | | - | carrier regarding any life insurance contracts or group life insurance policies and shall provide 43 |
|---|
| 811 | | - | to all beneficiaries all documents and information obtained from the insurance carrier. The person 44 |
|---|
| 812 | | - | obtaining the information also shall inform all beneficiaries in writing in bold print that "THE 45 |
|---|
| 813 | | - | BENEFICIARY OF A LIFE INSURANCE POLICY HAS NO LEGAL DUTY OR 46 |
|---|
| 814 | | - | OBLIGATION TO SPEND ANY OF THAT MONEY ON THE FUNERAL, DEBTS, OR 47 |
|---|
| 815 | | - | OBLIGATIONS OF THE DECEASED" and shall do so before discussing with the beneficiaries 48 |
|---|
| 816 | | - | financial arrangements for burial of the deceased. 49 |
|---|
| 554 | + | (c) A crematory licensee shall not be responsible or liable for any valuables delivered to 39 |
|---|
| 555 | + | the crematory licensee with human remains. 40 |
|---|
| 556 | + | (d) A crematory licensee shall not be liable for refusing to accept a body or to perform a 41 |
|---|
| 557 | + | cremation until it receives a court order or other suitable confirmation that a dispute has been 42 |
|---|
| 558 | + | settled if:if any of the following are satisfied: 43 |
|---|
| 559 | + | (1) It is aware of any dispute concerning the cremation of human remains;human 44 |
|---|
| 560 | + | remains. 45 |
|---|
| 561 | + | (2) It has a reasonable basis for questioning any of the representations made by 46 |
|---|
| 562 | + | the authorizing agent; oragent. 47 |
|---|
| 563 | + | (3) For any other lawful reason. 48 |
|---|
| 564 | + | (e) If a crematory licensee is aware of any dispute concerning the release or disposition 49 |
|---|
| 565 | + | of the cremated reduced human remains, the crematory licensee may refuse to release the 50 |
|---|
| 566 | + | cremated reduced human remains until the dispute has been resolved or the crematory licensee 51 General Assembly Of North Carolina Session 2025 |
|---|
| 567 | + | Page 12 DRH10442-NB-145B |
|---|
| 568 | + | has been provided with a court order authorizing the release or disposition of the cremated 1 |
|---|
| 569 | + | reduced human remains. A crematory licensee shall not be liable for refusing to release or dispose 2 |
|---|
| 570 | + | of cremated reduced human remains in accordance with this subsection. A crematory licensee 3 |
|---|
| 571 | + | may charge a reasonable storage fee if the dispute is not resolved within 30 days after it is 4 |
|---|
| 572 | + | received by the crematory licensee." 5 |
|---|
| 573 | + | SECTION 1.14. G.S. 90-210.132 reads as rewritten: 6 |
|---|
| 574 | + | "§ 90-210.132. Fees. 7 |
|---|
| 575 | + | (a) By rule, the Board may set and collect fees from crematory and hydrolysis licensees, 8 |
|---|
| 576 | + | crematory and hydrolysis manager permit holders, and applicants not to exceed the following 9 |
|---|
| 577 | + | amounts: 10 |
|---|
| 578 | + | (1) Licensee application fee. ............................................................ $400.00 11 |
|---|
| 579 | + | (2) Annual renewal fee. ..................................................................... 150.00 12 |
|---|
| 580 | + | (3) Late renewal fee. ............................................................................ 75.00 13 |
|---|
| 581 | + | (4) Reinspection fee. .......................................................................... 150.00 14 |
|---|
| 582 | + | (5) Per cremation or hydrolysis reduction fee. .................................... 10.00 15 |
|---|
| 583 | + | (6) Late fee, per cremation or hydrolysis.reduction............................. 10.00 16 |
|---|
| 584 | + | (7) Late fee, cremation or hydrolysis reduction report. ...... 75.00 per month 17 |
|---|
| 585 | + | (8) Crematory or hydrolysis manager permit application fee. ........... 150.00 18 |
|---|
| 586 | + | (9) Annual crematory or hydrolysis manager permit renewal fee. ..... 40.00. 19 |
|---|
| 587 | + | (b) The funds collected pursuant to this Article shall become part of the general fund of 20 |
|---|
| 588 | + | the Board. 21 |
|---|
| 589 | + | (c) No later than the tenth day of each month, every crematory licensee and hydrolysis 22 |
|---|
| 590 | + | licensee under this Article shall remit to the Board the per cremation or reduction fees for the 23 |
|---|
| 591 | + | cremations or reductions which the crematory licensee performed during the immediately 24 |
|---|
| 592 | + | preceding calendar month. Each remittance shall be accompanied by a statement signed by an 25 |
|---|
| 593 | + | authorized representative of the licensee containing all of the following information: 26 |
|---|
| 594 | + | (1) The name of the crematory licensee. 27 |
|---|
| 595 | + | (2) Each decedent's name. 28 |
|---|
| 596 | + | (3) Date of each cremation or reduction. 29 |
|---|
| 597 | + | (4) The person or entity from whom each cremation or reduction was performed. 30 |
|---|
| 598 | + | (5) The number of cremations or reductions contained in the statement. 31 |
|---|
| 599 | + | (6) The total amount of fees remitted with the statement." 32 |
|---|
| 600 | + | SECTION 1.15. G.S. 90-210.136, as amended by this act, reads as rewritten: 33 |
|---|
| 601 | + | "§ 90-210.136. Hydrolysis of human remains. 34 |
|---|
| 602 | + | (a) The following definitions shall apply in this section: 35 |
|---|
| 603 | + | (1) Recodified as G.S. 90-210.121(1). 36 |
|---|
| 604 | + | (2) Recodified as G.S. 90-210.121(17a). 37 |
|---|
| 605 | + | (3) Recodified as G.S. 90-210.121(17b). 38 |
|---|
| 606 | + | (4) Recodified as G.S. 90-210.121(17d). 39 |
|---|
| 607 | + | (b) No person, cemetery, funeral establishment, corporation, partnership, joint venture, 40 |
|---|
| 608 | + | voluntary organization, or other entity shall hydrolyze human remains without first obtaining a 41 |
|---|
| 609 | + | license from the Board. An application for a license under this subsection shall be made on forms 42 |
|---|
| 610 | + | furnished and prescribed by the Board. 43 |
|---|
| 611 | + | (c) Except as otherwise provided by this section, a license for the hydrolysis of human 44 |
|---|
| 612 | + | remains shall have the same requirements and comply with all provisions of this Article, 45 |
|---|
| 613 | + | including G.S. 90-210.127 and G.S. 90-210.130, and be subject to the same fees as for the 46 |
|---|
| 614 | + | licensing of crematories under this Article. The hydrolysis of human remains shall be conducted 47 |
|---|
| 615 | + | in compliance with all requirements for cremation, and the licensee shall pay the same fees for 48 |
|---|
| 616 | + | monthly reports for each hydrolysis as crematories under this Article. 49 |
|---|
| 818 | | - | SECTION 2.3.(b) G.S. 58-39-75(4a) reads as rewritten: 51 General Assembly Of North Carolina Session 2025 |
|---|
| 819 | | - | House Bill 1003-First Edition Page 17 |
|---|
| 820 | | - | "(4a) To a person making an inquiry authorized under G.S. 58-58-97 when 1 |
|---|
| 821 | | - | providing funeral service to a deceased insured; G.S. 58-58-97; or" 2 |
|---|
| 822 | | - | SECTION 2.3.(c) This section is effective 30 days after it becomes law and applies 3 |
|---|
| 823 | | - | to inquiries made to life insurance carriers doing business in this State on or after that date. 4 |
|---|
| 824 | | - | SECTION 2.4. Except as otherwise provided, this Part is effective when it becomes 5 |
|---|
| 825 | | - | law. 6 |
|---|
| 826 | | - | 7 |
|---|
| 827 | | - | PART III. RULEMAKING AND EFFECTIVE DATE 8 |
|---|
| 828 | | - | SECTION 3.1. The North Carolina Board of Funeral Service may adopt temporary 9 |
|---|
| 829 | | - | rules to implement the provisions of this act. Temporary rules adopted in accordance with this 10 |
|---|
| 830 | | - | section shall remain in effect until permanent rules that replace the temporary rules become 11 |
|---|
| 831 | | - | effective. 12 |
|---|
| 832 | | - | SECTION 3.2. Except as otherwise provided, this act is effective when it becomes 13 |
|---|
| 833 | | - | law. 14 |
|---|
| 618 | + | SECTION 1.16. G.S. 130A-415(j) reads as rewritten: 51 General Assembly Of North Carolina Session 2025 |
|---|
| 619 | + | DRH10442-NB-145B Page 13 |
|---|
| 620 | + | "(j) Any funeral director or funeral service licensee doing business within the State having 1 |
|---|
| 621 | + | physical possession of a dead body shall make reasonable efforts to contact relatives of the 2 |
|---|
| 622 | + | deceased or other persons who may wish to claim the body for final disposition. If the body 3 |
|---|
| 623 | + | remains unclaimed for final disposition for 10 days, or if the right to authorize the type, method, 4 |
|---|
| 624 | + | place, and disposition, of the dead body is waived under G.S. 130A-420(b1) or 5 |
|---|
| 625 | + | G.S. 90-210.124(b), G.S. 130A-420(b1), and if all persons who have expressed interest in 6 |
|---|
| 626 | + | arranging for the disposition for the dead body have ceased communication with the person in 7 |
|---|
| 627 | + | possession of the dead body for five days, the dead body shall be deemed abandoned. If the 8 |
|---|
| 628 | + | funeral director or funeral service licensee receives the dead body from a person or entity listed 9 |
|---|
| 629 | + | in subsection (a) of this section, the 10-day period shall run concurrently with any period imposed 10 |
|---|
| 630 | + | on that person or entity. Any person having possession of an abandoned dead body shall notify 11 |
|---|
| 631 | + | the Commission of Anatomy. Upon request of the Commission of Anatomy, the person having 12 |
|---|
| 632 | + | possession of the abandoned dead body shall deliver the abandoned dead body to the Commission 13 |
|---|
| 633 | + | of Anatomy at a time and place specified by the Commission of Anatomy or shall permit the 14 |
|---|
| 634 | + | Commission of Anatomy to take and remove the abandoned dead body." 15 |
|---|
| 635 | + | SECTION 1.17. This Part becomes effective October 1, 2025. 16 |
|---|
| 636 | + | 17 |
|---|
| 637 | + | PART II. FUNERAL TRANSPORTATION AGREEMENTS/INSURANCE 18 |
|---|
| 638 | + | SECTION 2.1.(a) G.S. 90-210.60 reads as rewritten: 19 |
|---|
| 639 | + | "§ 90-210.60. Definitions. 20 |
|---|
| 640 | + | As used in this Article, unless the context requires otherwise: 21 |
|---|
| 641 | + | … 22 |
|---|
| 642 | + | (5) "Preneed funeral contract" means any contract, agreement, or mutual 23 |
|---|
| 643 | + | understanding, or any series or combination of contracts, agreements, or 24 |
|---|
| 644 | + | mutual understandings, whether funded by trust deposits or prearrangement 25 |
|---|
| 645 | + | insurance policies, or any combination thereof, which has for a purpose the 26 |
|---|
| 646 | + | furnishing or performance of funeral services, or the furnishing or delivery of 27 |
|---|
| 647 | + | personal property, merchandise, or services of any nature in connection with 28 |
|---|
| 648 | + | the final disposition of a dead human body, to be furnished or delivered at a 29 |
|---|
| 649 | + | time determinable by the death of the person whose body is to be disposed of, 30 |
|---|
| 650 | + | but does not mean the furnishing of a cemetery lot, crypt, niche, or 31 |
|---|
| 651 | + | mausoleum;mausoleum. This term does not include a transportation 32 |
|---|
| 652 | + | protection agreement. 33 |
|---|
| 653 | + | … 34 |
|---|
| 654 | + | (10) "Transportation protection agreement" means an agreement that primarily 35 |
|---|
| 655 | + | provides for the coordination and arranging of all professional services related 36 |
|---|
| 656 | + | to the preparation of human remains or cremated remains for the purpose of 37 |
|---|
| 657 | + | initial and subsequent transportation of those remains." 38 |
|---|
| 658 | + | SECTION 2.1.(b) G.S. 90-210.72 reads as rewritten: 39 |
|---|
| 659 | + | "§ 90-210.72. Nonapplication to certain funeral contracts. 40 |
|---|
| 660 | + | This Article does not apply to contracts any of the following: 41 |
|---|
| 661 | + | (1) Contracts for funeral services or merchandise sold as preneed burial insurance 42 |
|---|
| 662 | + | policies pursuant to Part 13 of Article 10 of Chapter 143B of the North 43 |
|---|
| 663 | + | Carolina General Statutes or to replacements policies pursuant to Article 13E 44 |
|---|
| 664 | + | of this Chapter. 45 |
|---|
| 665 | + | (2) Replacements or conversions of such policies pursuant to G.S. 46 |
|---|
| 666 | + | 143B-472.28.G.S. 90-210.106. 47 |
|---|
| 667 | + | (3) A transportation protection agreement as defined in this Article." 48 |
|---|
| 668 | + | SECTION 2.1.(c) The North Carolina Board of Funeral Service may adopt rules to 49 |
|---|
| 669 | + | implement the provisions of this section. 50 General Assembly Of North Carolina Session 2025 |
|---|
| 670 | + | Page 14 DRH10442-NB-145B |
|---|
| 671 | + | SECTION 2.1.(d) This section becomes effective October 1, 2025, and applies to 1 |
|---|
| 672 | + | preneed funeral contracts and transportation protection agreements entered into on or after that 2 |
|---|
| 673 | + | date. 3 |
|---|
| 674 | + | SECTION 2.2.(a) G.S. 58-7-15 reads as rewritten: 4 |
|---|
| 675 | + | "§ 58-7-15. Kinds of insurance authorized. 5 |
|---|
| 676 | + | The kinds of insurance that may be authorized in this State, subject to the other provisions of 6 |
|---|
| 677 | + | Articles 1 through 64 of this Chapter, are set forth in this section. Except to the extent an insurer 7 |
|---|
| 678 | + | participates in a risk sharing plan under Article 42 of this Chapter, nothing in this section requires 8 |
|---|
| 679 | + | any insurer to insure every kind of risk that it is authorized to insure. Except to the extent an 9 |
|---|
| 680 | + | insurer participates in a risk sharing plan under Article 42 of this Chapter, no insurer may transact 10 |
|---|
| 681 | + | any other business than that specified in its charter and articles of association or incorporation. 11 |
|---|
| 682 | + | The power to do any kind of insurance against loss of or damage to property includes the power 12 |
|---|
| 683 | + | to insure all lawful interests in the property and to insure against loss of use and occupancy and 13 |
|---|
| 684 | + | rents and profits resulting therefrom; but no kind of insurance includes life insurance or insurance 14 |
|---|
| 685 | + | against legal liability for personal injury or death unless specified in this section. In addition to 15 |
|---|
| 686 | + | any power to engage in any other kind of business than an insurance business that is specifically 16 |
|---|
| 687 | + | conferred by the provisions of Articles 1 through 64 of this Chapter, any insurer authorized to do 17 |
|---|
| 688 | + | business in this State may engage in such other kinds of business to the extent necessarily or 18 |
|---|
| 689 | + | properly incidental to the kinds of insurance business that it is authorized to do in this State. Each 19 |
|---|
| 690 | + | of the following indicates the scope of the kind of insurance business specified: 20 |
|---|
| 691 | + | (1) "Life insurance", meaning every insurance upon the lives of human beings 21 |
|---|
| 692 | + | and every insurance appertaining thereto. The business of life insurance 22 |
|---|
| 693 | + | includes the granting of endowment benefits; additional benefits in the event 23 |
|---|
| 694 | + | of death by accident or accidental means; additional benefits operating to 24 |
|---|
| 695 | + | safeguard the contract from lapse, or to provide a special surrender value, in 25 |
|---|
| 696 | + | the event of total and permanent disability of the insured, including industrial 26 |
|---|
| 697 | + | sick benefit; and optional modes of settlement of proceeds. The business of 27 |
|---|
| 698 | + | life insurance does not include the provision of transportation protection 28 |
|---|
| 699 | + | agreements, as defined under G.S. 90-210.60. 29 |
|---|
| 700 | + | …." 30 |
|---|
| 701 | + | SECTION 2.2.(b) G.S. 58-58-1 reads as rewritten: 31 |
|---|
| 702 | + | "§ 58-58-1. Definitions; requisites of contract. 32 |
|---|
| 703 | + | (a) All corporations or associations doing business in this State, under any charter or 33 |
|---|
| 704 | + | statute of this or any other state, involving the payment of money or other thing of value to 34 |
|---|
| 705 | + | families or representatives of policy and certificate holders or members, conditioned upon the 35 |
|---|
| 706 | + | continuance or cessation of human life, or involving an insurance, guaranty, contract, or pledge 36 |
|---|
| 707 | + | for the payment of endowments or annuities, or who employ agents to solicit such business, are 37 |
|---|
| 708 | + | life insurance companies, in all respects subject to the laws herein made and provided for the 38 |
|---|
| 709 | + | government of life insurance companies, and shall not make any such insurance, guaranty, 39 |
|---|
| 710 | + | contract, or pledge in this State with any citizen, or resident thereof, which does not distinctly 40 |
|---|
| 711 | + | state the amount of benefits payable, the manner of payment, the consideration therefor and such 41 |
|---|
| 712 | + | other provisions as the Commissioner may require. 42 |
|---|
| 713 | + | (b) This section does not apply to a preneed licensee under Article 13D of Chapter 90 of 43 |
|---|
| 714 | + | the General Statutes or for the purposes of a transportation protection agreement, as defined under 44 |
|---|
| 715 | + | G.S. 90-210.60." 45 |
|---|
| 716 | + | SECTION 2.2.(c) G.S. 58-58-125 reads as rewritten: 46 |
|---|
| 717 | + | "§ 58-58-125. Minimum premium rates for assessment life insurance companies. 47 |
|---|
| 718 | + | No assessment life insurance corporation, organization or association of any kind issuing 48 |
|---|
| 719 | + | policies or contracts upon the life of any resident of this State shall hereafter be organized or 49 |
|---|
| 720 | + | licensed by the Commissioner unless such corporation, organization or association adopt 50 |
|---|
| 721 | + | premium rates based upon the attained age of the assured at the time of issuance of the contract 51 General Assembly Of North Carolina Session 2025 |
|---|
| 722 | + | DRH10442-NB-145B Page 15 |
|---|
| 723 | + | and such rates shall not be less than those fixed by the American Experience Table of Mortality 1 |
|---|
| 724 | + | or any other recognized table of mortality approved by the Commissioner. Nothing contained in 2 |
|---|
| 725 | + | this section shall be construed to affect burial associations regulated under G.S. 143B-472 3 |
|---|
| 726 | + | through 143B-472.28 Article 13E of Chapter 90 of the General Statutes or railroad burial 4 |
|---|
| 727 | + | associations." 5 |
|---|
| 728 | + | SECTION 2.2.(d) G.S. 58-58-330(a) reads as rewritten: 6 |
|---|
| 729 | + | "(a) This Part does not apply to solicitations or sales involving:involving any of the 7 |
|---|
| 730 | + | following: 8 |
|---|
| 731 | + | … 9 |
|---|
| 732 | + | (7) Contracts used to fund:fund any of the following: 10 |
|---|
| 733 | + | … 11 |
|---|
| 734 | + | f. Prearranged funeral contracts.contracts or transportation protection 12 |
|---|
| 735 | + | agreements, as both terms are defined under G.S. 90-210.60." 13 |
|---|
| 736 | + | SECTION 2.2.(e) G.S. 58-58-335(8) reads as rewritten: 14 |
|---|
| 737 | + | "(8) "Life insurance" means insurance coverage on human lives, including benefits 15 |
|---|
| 738 | + | of endowment and annuities, and may include benefits in the event of death 16 |
|---|
| 739 | + | or dismemberment by accident and benefits for disability income; and unless 17 |
|---|
| 740 | + | otherwise specifically excluded, includes individually issued annuities. In 18 |
|---|
| 741 | + | accordance with G.S. 58-7-15, this term does not include a transportation 19 |
|---|
| 742 | + | protection agreement." 20 |
|---|
| 743 | + | SECTION 2.2.(f) G.S. 58-60-35(a) reads as rewritten: 21 |
|---|
| 744 | + | "§ 58-60-35. Disclosure of prearrangement insurance policy provisions. 22 |
|---|
| 745 | + | (a) As used The following definitions apply in this section: 23 |
|---|
| 746 | + | (1) "Prearrangement" means any Prearrangement. – A contract, agreement, or 24 |
|---|
| 747 | + | mutual understanding, or any series or combination of contracts, agreements 25 |
|---|
| 748 | + | or mutual understandings, whether funded by trust deposits or prearrangement 26 |
|---|
| 749 | + | insurance policies, or any combination thereof, which has for a purpose the 27 |
|---|
| 750 | + | furnishing or performance of specific funeral services, or the furnishing or 28 |
|---|
| 751 | + | delivery of specific personal property, merchandise, or services of any nature 29 |
|---|
| 752 | + | in connection with the final disposition of a dead human body, to be furnished 30 |
|---|
| 753 | + | or delivered at a time determinable by the death of the person whose body is 31 |
|---|
| 754 | + | to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, 32 |
|---|
| 755 | + | niche, mausoleum, grave marker or monument. This term does not include a 33 |
|---|
| 756 | + | transportation protection agreement, as defined under G.S. 90-210.60. 34 |
|---|
| 757 | + | (2) "Prearrangement insurance policy" means a Prearrangement insurance policy. 35 |
|---|
| 758 | + | – A life insurance policy, annuity contract, or other insurance contract, or any 36 |
|---|
| 759 | + | series of contracts or agreements in any form or manner, issued on a group or 37 |
|---|
| 760 | + | individual basis by an insurance company authorized by law to do business in 38 |
|---|
| 761 | + | this State, which, whether by assignment or otherwise, has for its sole purpose 39 |
|---|
| 762 | + | the funding of a specific preneed funeral contract or a specific 40 |
|---|
| 763 | + | insurance-funded funeral or burial prearrangement, the insured being the 41 |
|---|
| 764 | + | person for whose service the funds were paid." 42 |
|---|
| 765 | + | SECTION 2.2.(g) This section becomes effective October 1, 2025, and applies to 43 |
|---|
| 766 | + | preneed funeral contracts and transportation protection agreements entered into on or after that 44 |
|---|
| 767 | + | date. 45 |
|---|
| 768 | + | SECTION 2.3.(a) G.S. 58-58-97 reads as rewritten: 46 |
|---|
| 769 | + | "§ 58-58-97. Provision of life insurance information upon notification of insured's death.to 47 |
|---|
| 770 | + | funeral provider. 48 |
|---|
| 771 | + | (a) Any person licensed to practice funeral directing or any employee of a funeral 49 |
|---|
| 772 | + | establishment licensed under the provisions of Article 13A of Chapter 90 of the General Statutes 50 General Assembly Of North Carolina Session 2025 |
|---|
| 773 | + | Page 16 DRH10442-NB-145B |
|---|
| 774 | + | providing funeral service, as that term is defined in G.S. 90-210.20, for may request from a life 1 |
|---|
| 775 | + | insurance carrier information regarding a life insurance contract or contracts as follows: 2 |
|---|
| 776 | + | (1) For a prospective policy beneficiary when that beneficiary is requesting the 3 |
|---|
| 777 | + | use of a life insurance policy for the fulfilment of funeral services, by 4 |
|---|
| 778 | + | providing the insurer a written authorization from the prospective policy 5 |
|---|
| 779 | + | beneficiary. 6 |
|---|
| 780 | + | (2) For a deceased person insured or believed to be insured under a contract of 7 |
|---|
| 781 | + | life insurance or under a group life insurance policy may request information 8 |
|---|
| 782 | + | regarding the deceased person's life insurance contracts policy, by providing 9 |
|---|
| 783 | + | an insurer with (i) a copy of a notification of death filed pursuant to 10 |
|---|
| 784 | + | G.S. 130A-112, (ii) written authorization from the person or persons with 11 |
|---|
| 785 | + | legal authority to direct disposition of the deceased's body as prescribed under 12 |
|---|
| 786 | + | G.S. 90-210.124 or G.S. 130A-420, and (iii) in the case of a person covered 13 |
|---|
| 787 | + | or believed to be covered under a group life insurance policy, the affiliation 14 |
|---|
| 788 | + | of the deceased entitling them to coverage under the group life insurance 15 |
|---|
| 789 | + | policy. 16 |
|---|
| 790 | + | (a1) As soon as possible No later than one business day after receipt of the request, a 17 |
|---|
| 791 | + | request under this section, the life insurance company shall inform the person authorized by this 18 |
|---|
| 792 | + | section to make an inquiry of the following:following information: 19 |
|---|
| 793 | + | (1) The existence of any contract insuring the life of the deceased person. 20 |
|---|
| 794 | + | (2) Any beneficiaries on record under any life insurance contract insuring the life 21 |
|---|
| 795 | + | of a prospective policy beneficiary or the deceased person. 22 |
|---|
| 796 | + | (3) The amount of any liens or loans outstanding on the policy. 23 |
|---|
| 797 | + | (4) The amount of benefits payable to the beneficiaries. 24 |
|---|
| 798 | + | (5) Whether the policy has been reinstated within the last 24 months. 25 |
|---|
| 799 | + | The insurer shall provide a claim form to any person or assignee making the request. 26 |
|---|
| 800 | + | (b) If any person making a written request under subsection (a) of this section who has 27 |
|---|
| 801 | + | provided all the information required by subsection (a) of this section does not receive a timely 28 |
|---|
| 802 | + | response within one business day from the insurer, then the person may refer the request to the 29 |
|---|
| 803 | + | Consumer Services Division of the Department, which shall treat the referral as a consumer 30 |
|---|
| 804 | + | complaint. The referral shall include all the information provided to the insurer under subsection 31 |
|---|
| 805 | + | (a) of this section as well as copies of all communications and information received from the 32 |
|---|
| 806 | + | insurer regarding the request for information. Failure to meet the deadline for the provision of 33 |
|---|
| 807 | + | information under this section may subject the insurer to a penalty under G.S. 58-2-70. 34 |
|---|
| 808 | + | (c) If In the case of a deceased person, if the beneficiary of record under the life insurance 35 |
|---|
| 809 | + | contract or group life insurance policy is not the estate of the deceased, then any person 36 |
|---|
| 810 | + | authorized to request information under subsection (a) of this section shall make reasonable 37 |
|---|
| 811 | + | efforts to locate the beneficiaries within 100 hours of receiving information from the insurance 38 |
|---|
| 812 | + | carrier regarding any life insurance contracts or group life insurance policies and shall provide 39 |
|---|
| 813 | + | to all beneficiaries all documents and information obtained from the insurance carrier. The person 40 |
|---|
| 814 | + | obtaining the information also shall inform all beneficiaries in writing in bold print that "THE 41 |
|---|
| 815 | + | BENEFICIARY OF A LIFE INSURANCE POLICY HAS NO LEGAL DUTY OR 42 |
|---|
| 816 | + | OBLIGATION TO SPEND ANY OF THAT MONEY ON THE FUNERAL, DEBTS, OR 43 |
|---|
| 817 | + | OBLIGATIONS OF THE DECEASED " and shall do so before discussing with the beneficiaries 44 |
|---|
| 818 | + | financial arrangements for burial of the deceased. 45 |
|---|
| 819 | + | …." 46 |
|---|
| 820 | + | SECTION 2.3.(b) G.S. 58-39-75(4a) reads as rewritten: 47 |
|---|
| 821 | + | "(4a) To a person making an inquiry authorized under G.S. 58-58-97 when 48 |
|---|
| 822 | + | providing funeral service to a deceased insured; G.S. 58-58-97; or" 49 |
|---|
| 823 | + | SECTION 2.3.(c) This section is effective 30 days after it becomes law and applies 50 |
|---|
| 824 | + | to inquiries made to life insurance carriers doing business in this State on or after that date. 51 General Assembly Of North Carolina Session 2025 |
|---|
| 825 | + | DRH10442-NB-145B Page 17 |
|---|
| 826 | + | SECTION 2.4. Except as otherwise provided, this Part is effective when it becomes 1 |
|---|
| 827 | + | law. 2 |
|---|
| 828 | + | 3 |
|---|
| 829 | + | PART III. RULEMAKING AND EFFECTIVE DATE 4 |
|---|
| 830 | + | SECTION 3.1. The North Carolina Board of Funeral Service may adopt temporary 5 |
|---|
| 831 | + | rules to implement the provisions of this act. Temporary rules adopted in accordance with this 6 |
|---|
| 832 | + | section shall remain in effect until permanent rules that replace the temporary rules become 7 |
|---|
| 833 | + | effective. 8 |
|---|
| 834 | + | SECTION 3.2. Except as otherwise provided, this act is effective when it becomes 9 |
|---|
| 835 | + | law. 10 |
|---|