A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE THE DEFINITION OF "APPRENTICE"; AND BY AMENDING SECTION 40-19-240, RELATING TO REQUIREMENTS FOR APPRENTICES AND APPRENTICESHIPS, SO AS TO REMOVE PROVISIONS THAT RESTRICT THE ABILITY OF APPRENTICES TO TRAIN IN MULTIPLE ESTABLISHMENTS SERVED BY THE LICENSEE IN WHOSE SERVICE THE APPRENTICE IS ENGAGED.

 

Whereas, the practice of embalming and funeral directing has evolved, with licensed embalmers and licensed funeral directors often serving multiple funeral establishments in various locations; and

 

Whereas, current apprenticeship laws limit the ability of an apprentice to train under licensed embalmers and funeral directors who service multiple locations, thereby inhibiting the apprentice from gaining sufficient practical experience; and

 

Whereas, when licensed embalmers and funeral directors serve multiple funeral establishments, an apprentice must be permitted to continue training under their supervision at such establishments in order to gain the full benefit of his apprenticeship. Now, therefore,

 

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

 

SECTION 1.  Section 40-19-20(3) of the S.C. Code is amended to read:

 

    (3) "Apprentice" means a person who is preparing to become licensed for the practice of embalming andor funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120.

 

SECTION 2.  Section 40-19-240 of the S.C. Code is amended to read:

 

    Section 40-19-240. (A) A person desiring to become an apprentice funeral director or embalmer shall apply 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 established by the board in regulation. If the board is satisfied as to the qualifications of an applicant, the board shall issue a certificate of apprenticeship. If an apprentice wishes to engage in an apprenticeship with a person licensed as a funeral director or embalmer, a request must be submitted to the board. If permission is granted and the apprentice leaves the apprenticeship of the licensee in whose service the apprentice has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served. The affidavit must be filed with the board. If the apprentice subsequently desires to continue the apprenticeship, the apprentice must apply to the board as provided for in this subsection.

    (B) A certificate of apprenticeship must be signed by the apprentice, and the licensee, and the manager of the establishment in which with whom the apprenticeship is to be served and is renewable twenty-four months after registration for twelve months, by payment of a renewal fee established by the board in regulation. A certificate may not be renewed more than three times. The registration of an apprentice who is actually engaged in the military service may be held in abeyance for the duration of service, and the apprentice may be relieved of the payment of renewal fees and penalties.

    (C) An apprentice quarterly shall report to the board on forms provided by the board 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.

    (D) Before an apprentice is eligible to receive a license for the practice of embalming or funeral service, evidence required by this chapter must be submitted to the board showing that the apprentice has completed successfully the educational requirements set forth in Section 40-19-230. Affidavits also must be submitted from the licensees under whom the apprentice worked showing that as an apprentice embalmer the apprentice has assisted in the embalming of at least fifty bodies or that as an apprentice funeral director the apprentice has assisted in conducting at least fifty funerals, during apprenticeship. Eligibility for licensure is determined by the board based upon the reports filed with the board pursuant to subsection (C).

    (E) 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.

    (F) An apprentice may perform duties within one or more licensed funeral establishments under the supervision of the licensee under whose supervision the apprentice serves pursuant to certification under subsection (B).

 

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

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