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HB24-1335

Sunset Continue Mortuary Science Code Regulation

Concerning the continuation of the regulation of persons related to the final disposition of deceased human bodies, and, in connection therewith, implementing the recommendations in the 2023 sunset report by the department of regulatory agencies and making an appropriation.
Session:
2024 Regular Session
Subjects:
Business & Economic Development
Professions & Occupations
Bill Summary

Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies (department) concerning the mortuary science code (code), as the recommendations are specified in the department's sunset review of the registration of funeral establishments and crematories, with amendments, as follows:

  • Sections 1 and 2 of the bill continue registration of funeral establishments and crematories and the title protection of mortuary science practitioners, funeral directors, embalmers, and cremationists until 2031 2029;
  • Section 3:
  • Requires the inspection of funeral homes and crematories on a routine basis, and for a period of time after the business has ceased operations, and upon applying for a registration for the purpose of ensuring compliance with the code during this time; and
  • Repeals the limitation on the authority of the director of the division of professions and occupations (director) to inspect funeral homes and crematories only during business hours;
  • Sections 3 and 4 expand the director's authority to promulgate rules to include any rules necessary to administer the code;
  • Section 3 repeals the code's stakeholder engagement provisions for rule-making to allow the "State Administrative Procedure Act" to control stakeholder engagement;
  • Section 3:
  • Adds the failure to respond to a complaint within the appropriate time to the grounds for discipline; and
  • Repeals the requirement that a letter of admonition be sent by certified mail;
  • Section 5 authorizes the director to suspend the registration of a person that fails to comply with the condition of a stipulation or order;
  • Sections 6 and 7 replace the term "applicant" with the term "person" in the title-protection provisions for funeral directors, embalmers, and cremationists; and
  • Sections 8, through 10, 11, and 15 remove gendered language from the code.

Section 3 also authorizes discipline to be imposed on a registration applicant or holder for the acts of a person acting on behalf of the applicant or holder and who is an officer, a director, a member, a partner, or an owner and holds an interest in the applicant or holder. The interest must be at least 10% if the applicant or holder is publicly traded. Sections 9 and 10 require a funeral establishment to have a written contract with all subcontractors or agents and update the language required in contracts for funeral services, respectively. The bill requires funeral establishments to:

  • Maintain a sanitary preparation room ( section 12 );
  • Refrain from taking custody of more human remains than the funeral establishment has capacity to refrigerate ( section 13 ); and
  • Obtain and maintain professional liability insurance of $1,000,000 ( section 14 ).

Section 16 requires a cremationist to remove all of the recoverable residue of the cremation process from the crematory and place the residue in a separate container so that the residue does not commingle with the cremated remains of other individuals. For the 2024-25 state fiscal year, $336,850 is appropriated to the department from the division of professions and occupations cash fund to implement the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details