Bill 2503

                    Current Status

Bill Number:               2503
Ratification Number:       255
Act Number                 146
Introducing Body:          House
Subject:                   Embalmers and funeral directors

(A146, R255, H2503)

AN ACT TO AMEND CHAPTER 19 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO PROVIDE FOR THE REGULATION AND PRESCRIBE STANDARDS FOR FUNERAL SERVICE, INCLUDING EMBALMERS AND FUNERAL DIRECTORS AND RECONSTITUTE THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE.

Whereas, the General Assembly recognizes that it is the basic right of every person to expect that his bodily remains will be treated with dignity; and

Whereas, it is the obligation of the State to insure the fulfillment of this right by statutory control of the licensure and regulation of persons engaged in the service of final disposition; and

Whereas, the function of the licensee is to provide final disposition as the deceased or his legal survivor desires. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Embalmers and Funeral Directors

SECTION 1. Chapter 19 of Title 40 of the 1976 Code is amended to read:

"CHAPTER 19

EMBALMERS AND FUNERAL DIRECTORS.

Section 40-19-10. As used in this chapter:

(1) 'Board' means the South Carolina State Board of Funeral Service.

(2) 'Practice of funeral service' means (a) engaging in providing shelter, care, and custody of the human dead; (b) the practice of preparing the human dead by embalming or other methods for burial or other disposition; (c) arranging for the transportation of the human dead; (d) making arrangements at or prior to the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; (e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.

(3) 'Funeral home', 'funeral establishment', 'mortuary', means an establishment where the practice of funeral service and embalming are practiced. All of these establishments include the following facilities:

(a) A chapel or parlor in which funeral services may be conducted.

(b) A preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies.

(c) A room containing a displayed stock of at least six adult caskets and other necessary funeral supplies.

(d) At least one motor hearse for transporting casketed human remains.

(4) A 'branch funeral home' means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities or sales room or both.

(5) A 'chapel' means a separate facility from the parent funeral home that has only layout or chapel facilities or both but does not have embalming facilities or a sales room.

(6) 'Embalming' means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.

(7) 'Funeral merchandise' means that personal property used in connection with the transportation, conduct of funerals, and final disposition of a dead human body, including, but not limited to the receptacle into which the body is directly placed but does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.

(8) 'Funeral service' or 'funeral' means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.

(9) 'Memorial service' means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.

(10) 'Disposition' means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation.

(11) 'Graveside service' means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.

(12) 'Arrangements' means advising, counseling, and planning for a funeral or graveside service.

(13) 'Cremation' or 'calcination' means the reduction of the dead body by intense heat to residue.

(14) 'Advertisement' means the publication, dissemination, circulation, or placing before the public, any announcement or statement in a newspaper, magazine, or other publication, in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or over any radio or television, but does not include funeral or death notices and obituaries.

(15) 'Apprentice' means a person who is preparing to become licensed for the practice of funeral service under the supervision and instruction of a person licensed for the practice in this State, and who is registered with the Board according to provisions of Section 40-19-120.

(16) 'Secretary' means the executive secretary employed by the Board.

(17) 'Inspector' means an inspector employed by the Board.

(18) 'Crematory' means an establishment in which the dead human body is reduced to residue by intense heat. Each establishment shall obtain a permit from the Board and must be managed by a funeral director.

(19) 'Funeral director' means a person licensed by the Board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.

(20) 'Embalmer' means a person licensed by the Board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method, and includes the restoration or attempted restoration of the appearance of the dead human body.

Section 40-19-20. There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify, except that of the eleven members of the Board initially appointed under this section three members shall serve one year, four shall serve two years, and four shall serve three years as determined by lot at the first meeting of the reconstituted Board. Two members must be public members not connected with any funeral service establishment. The South Carolina Funeral Directors Association may recommend six nonpublic members, and the South Carolina Morticians Association may recommend three nonpublic members. Any individual or private or public group or organization may also make recommendations concerning appointments to the Board. All recommendations must be made before the second of July in each year the term of office of a member of the Board expires. Appointments by the Governor are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired term. The Board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies to permit prompt recommendations to fill the vacancies.

Except for the public members appointed to the Board, all members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment. All members of the Board must have been residents of this State for not less than five years preceding the date of their appointment.

No member is eligible for immediate reappointment to the Board after having served one full three-year term, but the member is eligible for reappointment to the Board three years from the date he completed his last service as a member. Board members shall remain in office until their successors are appointed and qualify.

Section 40-19-30. The members of the Board, before entering upon their duties, shall take the oath of office prescribed for other state officers. If a board member is disqualified and his absence results in the lack of a quorum, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall meet the same qualifications as the member he is replacing, and shall take the same oath as required of other members of the Board.

Section 40-19-40. The Governor may remove from office any member of the Board for physical or mental incapacity, wilful negligence of duty, or conviction of a crime of moral turpitude. No member may be removed without first giving him an an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed.

Section 40-19-50. The Board shall hold not less than one meeting every six months for the purpose of examining applications for licenses. Meetings must be held at a time and place as the Board may determine after notice has been given to the public at least thirty days prior to a meeting in a manner to be determined by the Board. The Board may hold other meetings for other purposes as it may consider necessary. A majority of the members of the Board constitutes a quorum.

Section 40-19-60. The Board shall select a president, vice president, and a secretary-treasurer.

The members of the Board shall receive no salary but are allowed the usual mileage, subsistence, and per diem provided by law for state commissions, committees, and boards.

Section 40-19-70. The Board shall employ an executive secretary and an inspector, both of whom must be licensed embalmers and funeral directors with not less than five consecutive years actual experience as a licensee under this chapter. The secretary and inspector shall receive an annual salary fixed by the Board and necessary travel and other incidental expenses as are incurred in the performance of their duties.

The inspector is responsible to the Board for field inspection and enforcement of the other provisions of this chapter. The secretary is responsible for dissemination of information relating to the practice of funeral service and procedures for inquiries and registration of complaints. He shall maintain a record of the name and business address of every person to whom licenses have been granted, the number and date of each license, and the date of each renewal. He shall supply on request to any person licensed for the practice of funeral service a list of all persons holding a valid license under this chapter, their business address, the number of their license, and a copy of all state laws and regulations relating to the practice of funeral service.

The secretary shall maintain a record of public complaints or allegations concerning licensees and the disposition of complaints. The secretary shall prepare and have printed all necessary forms used in connection with operations of the Board.

The secretary or the inspector may serve and execute any process issued by the Board or any court and shall perform any other duties ordered by the Board.

Section 40-19-80. The Board may employ clerical assistants and employees as may be necessary to carry out the provisions of this chapter. The terms and conditions of this employment must be determined by the Board and applicable state law.

The Board, when legal services are necessary, must be represented by the Office of the Attorney General. It may also employ independent counsel with approval of the Attorney General if funds are available for that purpose.

Section 40-19-90. The Board is authorized to promulgate regulations governing the qualifications, fitness, and practices of those engaged in embalming and funeral directing in this State and the care and disposition of dead human bodies, the standards of sanitation to be observed in the embalming and care of dead human bodies, and the administration of this chapter which shall include regulations regarding the procedure to be followed in the making of applications for licenses, in the issuance and renewal of licenses, and the conduct of examinations.

Section 40-19-100. (1) (A) No person may be issued a license as an embalmer unless he:

(i) Is at least eighteen years of age.

(ii) Is of good moral character, as evidenced by at least two affidavits to that effect.

(iii) Has a high school education or the equivalent of a high school education, the equivalence to be determined by the Board in its discretion.

(iv) Has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the Board.

(v) Has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. Any person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.

(B) No person may be issued a license as a funeral director unless he:

(i) Is at least eighteen years of age.

(ii) Is of good moral character, as evidenced by at least two affidavits to that effect. The Board may have an independent investigation made by its inspector and a full report of the investigation may be submitted to the executive secretary at least ten days before the applicant is to appear.

(iii) Has a high school education or the equivalent of a high school education, together with a minimum of two years of successful attendance at any accredited academic college or successful completion of a regular course of not less than one year (twelve scholastic months) in an accredited mortuary college.

(iv) Has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. Any person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.

(2) Each applicant for a license must be examined on subjects as are prescribed by the Board.

All applications for examination must be upon forms furnished by the Board and must be accompanied by a fee determined by the Board. The applications must be filed at least thirty days prior to the date of the examination.

(3) Any person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to those existing in this State may, upon establishing residence in this State, apply for a license to practice in this State by filing with the executive secretary of the Board a certified statement from the secretary of the examining board of the state or territory in which the applicant holds his license, showing the basis upon which the license was granted, together with his recommendation. If the Board finds that the applicant has fulfilled substantially similar requirements, the Board shall grant a license upon receipt of a fee as fixed by the Board and upon satisfying it that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.

(4) Any embalmer licensed to embalm under the laws of another state, who has held a valid license of the state for a period of at least five years is authorized by license to practice embalming in this State at a designated funeral home in this State under the supervision and guidance of a funeral director licensed under the laws of South Carolina upon application of the director and payment of a fee prescribed by the Board. The Board has the authority to suspend the license upon request of the employing funeral director, or upon its own right.

(5) No license may be issued or renewed for a period exceeding one year, and all licenses and renewals shall expire on the thirtieth day of June unless sooner revoked and cancelled. The date of expiration may be changed by unanimous consent of the Board and upon ninety days' written notice of the change to all persons licensed by the Board.

(6) Any person holding a license under this chapter may have his license renewed for a one-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the Board and payment of a renewal fee as fixed by the Board. Any person who fails to have his license renewed may, at the discretion of the Board, have it renewed by making application and appearing before the Board and paying a renewal and revival fee to be fixed by the Board. The license of any licensee who is actively engaged in the military service of the United States may, at the discretion of the Board, be held in abeyance for the duration of service, and this licensee may be relieved of the payment of renewal fees as the Board may consider justifiable and expedient.

Section 40-19-110. The practice of funeral service may be engaged in only at the licensed establishment which is listed as the licensee's primary place of business except with written permission by the Board. A licensed funeral director shall make arrangments with clients and must be at the place of the funeral and committal services.

Section 40-19-120. A person desiring to become an apprentice funeral director or embalmer shall make application to the Board on forms provided by the Board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee fixed by the Board. If the Board is satisfied as to the qualifications of an applicant, the executive secretary shall issue a certificate of apprenticeship. If an apprentice wishes to engage in in-service training with a person licensed as a funeral director or embalmer, a request must be submitted to the secretary. If permission is granted and the apprentice leaves the preceptorship of the licensee in whose service he has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served with him. The affidavit must be filed with the secretary and made a matter of record. If the apprentice shall thereafter seek permission to continue in-service training, he shall request and obtain permission from the secretary as provided above.

A certificate of apprenticeship must be signed by the apprentice, the preceptor, and the manager of the establishment in which the apprenticeship is to be served and must be renewable twenty-four months after registration for a period of twelve months, by payment of a renewal fee as fixed by the Board. A certificate may not be renewed more than three times. The registration of any apprentice who is actually engaged in the military service may, at the discretion of the Board be held in abeyance for the duration of service, and this apprentice may be relieved of the payment of renewal fees and penalties.

All certified apprentices shall report to the Board quarterly upon forms provided by it, indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served.

Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be presented showing that he has successfully completed the educational requirements set forth in Section 40-19-100, along with an affidavit from the licensees under whom the apprentice worked showing that as an apprentice embalmer he has assisted in the embalming of at least fifty bodies, or that as an apprentice funeral director he has assisted in the conducting of at least fifty funerals, during apprenticeship. The eligibility of the applicant for licensing must be determined by the records filed with the Board.

Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment.

Section 40-19-130. No person shall conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the Board and is conspicuously displayed in the funeral establishment. In case of funeral services held in any private residence, church, or lodge hall, no permit is required.

The secretary, inspector, or members of the Board may enter the offices or premises of any funeral establishment, funeral home, mortuary, branch funeral home, chapel, or crematory for the purposes of inspecting the premises or observing the training given to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.

No permit to operate a funeral establishment may be issued unless the funeral establishment has a person licensed as a funeral director who resides a reasonable distance from the establishment and is present at all times the establishment is open for any type of funeral business or activity. Upon the death, resignation, or incapacity of the manager of a funeral establishment, the Board has the authority to issue a temporary permit to another person upon terms and conditions the Board considers to be in the best interest of the community in which the establishment is located.

Applications for funeral establishment permits must be made on forms furnished by and filed with the Board before July second of each year and must be accompanied by a fee as fixed by the Board. All permits shall expire on June thirtieth of each year.

When more than one person proposes to engage in the operation of a funeral establishment as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the Board as the manager of the funeral establishment. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless he is licensed.

Section 40-19-140. Any person who actively engages or participates in any way in funeral directing or in the management of a funeral establishment is considered to be practicing as a funeral director and must be licensed under the terms of this chapter.

No permit to operate a funeral home may be issued to any corporation, partnership, or individual when the name of any unlicensed person appears in the name of the corporation, partnership, or individually owned business. This prohibition does not apply to established funeral homes existing prior to July 1, 1969.

Section 40-19-150. All fees and penalties received by the Board must be deposited in the general fund of the State.

Section 40-19-160. Whenever the Board has reason to believe that any person to whom a license has been issued has become unfit to practice as a licensed funeral director or embalmer or has violated any of the provisions of this chapter or regulation of the Board or, whenever a written complaint charging the holder of a license with the violation of any provision of this chapter is filed with the Board, the Board shall conduct an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the Board for a hearing to determine whether or not the license must be suspended or revoked. No action to suspend, revoke, or cancel any license may be taken by the Board until the licensee has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges at least thirty days prior to the date of the hearing. The notice and statement of charges must be mailed to the accused at his last known place of residence. The accused may appear and show cause why his license should not be suspended or revoked, or other disciplinary action taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and he has the right to counsel. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict a license must be made at the expense of the Board, and a transcript of the record must be kept in its files.

If the Board is satisfied that the licensee is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The Board may also impose restraint upon the licensee as circumstances warrant until the licensee demonstrates to the Board adequate professional competence. In all cases where disciplinary action is taken by the Board, written notice of the action must then be mailed by the secretary of the Board to the accused at his last known address, as provided to the Board.

Any final order of the Board finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the Board, and to any other source that the Board wishes to furnish this information.

Any decision by the Board to revoke, suspend, or otherwise restrict the license must be by majority vote and is subject to review by the court of common pleas upon petition filed by the licensee with the court and a copy served upon the secretary of the Board within thirty days from the date of delivery of the Board's decision to the licensee. The review is limited to the record established by the Board's hearing.

Section 40-19-170. All investigations and proceedings undertaken under the provisions of this chapter must be confidential. Every communication, whether oral or written, made by or on behalf of any complainant to the Board or its agent or any hearing panel or member of the panel, pursuant to this chapter, whether by way of complaint or testimony, is privileged. No action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf the communication has been made, except upon proof that the communication was made with malice. No part of this chapter may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right or due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

No member of the Board, or its committees, special examiners, agents and employees may be held liable for acts perfomed in the course of official duties, except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this chapter, the Board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the Board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to, any person, a court of common pleas upon application of the Board, may issue an order requiring the person to appear before the Board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.

Whenever the Board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from the conduct. The Board may apply to the court of common pleas for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the Board by the court as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

Section 40-19-180. The Board may refuse to issue or renew or may suspend or revoke the license of any funeral director or embalmer or may place the holder of a license on a term of probation after proper hearing for:

(1) Conviction of a felony; or

(2) Unprofessional conduct which includes:

(a) Misrepresentations made or fraud committed as a holder of a license for the practice of funeral service;

(b) False or misleading advertising or using the name of an unlicensed person in connection with that of any funeral establishment;

(c) Solicitation of dead human bodies by the licensee, his agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, but not including general advertising;

(d) Employment by the licensee of persons known as 'cappers' or 'steerers' or 'solicitors' or other persons to obtain the business for the licensee;

(e) Employment directly or indirectly of any apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;

(f) The direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants, or employees for the purpose of securing business, but compliance with a state pre-need law does not constitute a violation of this section;

(g) Aiding or abetting an unlicensed person to practice the funeral service profession;

(h) Using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;

(i) Fraud or misrepresentation in obtaining or

renewing a license;

(j) Refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;

(k) Failure to secure a permit for removal or burial of a dead human body prior to interment or disposal;

(l) Knowingly making any false statement on a certificate of death;

(m) Violation of applicable laws of the State relating to the prearrangement or prefinancing of a funeral;

(n) Discriminating in services because of race, creed, color, or national origin;

(o) Permitting an unlicensed person to make arrangements for a funeral at or prior to need;

(p) Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of the dead human bodies;

(q) Violation of any of the provisions of this chapter.

Section 40-19-190. (A) No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when he has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner or some other duly qualified person acting in this capacity has first been obtained.

(B) No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to any funeral establishment or to any person licensed for the practice of funeral service the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any kin is found, his authority and directions shall govern except in those instances where the deceased made his prior arrangements in writing.

(C) No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition, or other similar expenses of the deceased members or of certificate holders, or engaged in the business of providing insurance upon the life of any individual, under which any obligation may arise to care for the remains of the insured, shall contract to pay or shall pay any insurance or benefits, or part of any insurance or benefits, to any funeral establishment, licensee, or individual in any manner which may deprive the representative, next of kin, or family of the deceased person from, or in any way control them in, procuring a funeral establishment, person licensed for the practice of funeral service, or other proper and competent person to perform funeral services and furnish supplies to care for the remains of the decedent.

(D) No person licensed as a funeral director or embalmer or anyone acting for him shall have any part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part of the body is given for anatomical purposes.

(E) It is unlawful for any person, partnership, corporation, or association who has not been licensed or registered as specified in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment within this State.

Section 40-19-200. The personnel of a funeral establishment shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made prior to selection of the casket.

Before the arrangements are completed, the licensee of the funeral service firm shall fully disclose what is included in the funeral and identify other related expenses such as cemeteries and florists.

Any statements of legal requirements must be complete and factual as must statements relative to the conditions under which embalming is required or advisable. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.

Each funeral service establishment shall have a card or brochure in each casket stating the price of the service using the casket and listing the services and other merchandise included in the price. Where there are separate prices for the casket and services and the use of facilities and equipment, the card shall indicate the price of the casket and of the other items separately priced.

The funeral establishment shall provide to the persons making the arrangements, at the time the arrangements are completed and prior to the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known (1) the price of the service that the persons have selected and what is included in the service; (2) the price of each of the supplemental items of service and mechandise requested; (3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and (4) the method of payment.

Section 40-19-210. Nothing contained in this chapter may be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.

Section 40-19-220. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or by imprisonment for not more than six months, or both. The State Board of Funeral Service shall enforce the provisions of this chapter and shall have available to it, in addition to the Attorney General's Office, the services of the solicitors for the respective judicial circuits and all health officers in their respective counties and municipalities to assist them in the prosecution of all persons who are alleged to have violated the provisions of this chapter.

Section 40-19-230. No funeral home may be licensed to do business unless it has space for off-street parking for at least twelve automobiles.

Section 40-19-240. The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State."

Members shall continue to serve

SECTION 2. Members of the Board of Funeral Service serving on the effective date of this act shall continue to serve until the Board as reconstituted by Section 40-19-20 of the 1976 Code, contained in Section 1, is appointed and members are qualified. Upon qualification of the new Board, terms of all members presently serving shall expire.

Licensure

SECTION 3. Any person licensed as an embalmer or funeral director under Chapter 19 of Title 40 of the 1976 Code, as it existed prior to the effective date of this act, is considered to be licensed under the provisions of Chapter 19 after the effective date of this act, and his license must be renewed as provided in this chapter upon the application and the payment of the prescribed fees. No person holding a license by authority of this chapter prior to the effective date of this act who was not licensed to embalm human bodies must be authorized by Chapter 19 after the effective date of this act to embalm human bodies unless he qualifies under the chapter as an embalmer.

The requirements for licensure for funeral establishments prescribed by Chapter 19 of Title 40 of the 1976 Code, as contained in Section 1 of this act, do not apply to any establishment licensed on the effective date of this act, and the requirements concerning registration and term of apprenticeship do not apply to any apprentice registered with the Board prior to the effective date of this act.

Time effective

SECTION 4. This act shall take effect January 1, 1984.