South Carolina General Assembly
120th Session, 2013-2014

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Bill 4370


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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE A FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER MAY REFUSE TO RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE UNTIL ALL FINANCIAL OBLIGATIONS RELATED TO SERVICES PROVIDED BY THE FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER WITH RESPECT TO THE DEAD HUMAN BODY HAVE BEEN FULLY SATISFIED; AND TO AMEND SECTION 40-19-110, RELATING TO UNPROFESSIONAL CONDUCT OF A FUNERAL DIRECTOR OR EMBALMER, SO AS TO PROVIDE THAT 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 CONSTITUTES UNPROFESSIONAL CONDUCT EXCEPT WHEN THE REFUSAL IS FOR FAILURE TO SATISFY RELATED FINANCIAL OBLIGATIONS.

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

SECTION    1.    Chapter 19, Title 40 of the 1976 Code is amended by adding:

"Section 40-19-105.    A funeral home, funeral director, or embalmer may refuse to release a dead human body to the custody of the person or entity who has the legal right to effect a release until any financial obligation related to services provided by the funeral home with respect to the dead human body have been fully satisfied."

SECTION    2.    Section 40-19-110(9) of the 1976 Code is amended to read:

"(9)    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 except when the refusal is related to the payment of related financial obligations as provided in Section 40-19-105; "

SECTION    3.    This act takes effect upon approval by the Governor.

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