SB94 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

George M. “Marc” Keahey

Session

Regular Session 2011

Title

Funeral Service, Board of, substantially revised relating to board and operation of funeral establishments and mortuary service, application, renewal, and inspection fees increased, fines for violations increased, Secs. 34-13-1, 34-13-7, 34-13-9, 34-13-11, 34-13-12, 34-13-20, 34-13-22, 34-13-23, 34-13-26, 34-13-50, 34-13-51, 34-13-52, 34-13-53, 34-13-55, 34-13-56, 34-13-70, 34-13-72, 34-13-73, 34-13-74, 34-13-90, 34-13-94, 34-13-111, 34-13-113, 34-13-114, 34-13-115, 34-13-116, 34-13-120, 34-13-130 am'd.; Secs. 34-13-28, 34-13-150, 34-13-151, 34-13-152 repealed (2011-20128)

Description

Under existing law, the Alabama Board of Funeral Service provides for the licensing and regulation of funeral establishments, funeral directors, and embalmers in the state.

This bill would provide further for the contents and other requirements of a funeral establishment.

This bill would define mortuary service and would provide for the requirements of a mortuary service.

This bill would increase the fines for funeral directing or operating a funeral establishment without a license.

This bill would require all funeral service, cemetery service, and funeral merchandise pricing to conform to rules established by the Federal Trade Commission.

This bill would specify who may enter into a preneed contract and would substantially revise the law relating to who may be an authorizing agent for the purpose of directing the location, manner, and conditions of disposition of remains and arrange for funeral goods and services for a decedent.

This bill would substantially revise the law limiting the liability of a funeral director who relies in good faith upon the directions of an authorized agent of a decedent.

This bill would provide further for diversity in the membership of the board, would authorize the board to delegate the responsibility of administering license examinations, and would increase the number of days per year board members may receive per diem from 10 to 20.

This bill would provide for the filing of a complaint against a licensee and would provide procedures for conducting a due process hearing.

This bill would require an applicant for licensure as a funeral director to have graduated from an approved and accredited school or college.

This bill would increase the reciprocal license without examination fee from a maximum of $100 to a maximum of $500 and would authorize the board to issue a temporary special work permit to an otherwise qualified funeral director or embalmer.

This bill would require the public display of certificates of licensure.

This bill would increase maximum annual license renewal fees for funeral directors and embalmers from $50 to $150, for operators from $100 to $500, and would increase the maximum reinstatement fee from $25 to $100.

This bill would include failure to cooperate with the board as a ground for revocation or refusal to issue or renew a license and would increase the maximum fine from $500 to a range of between $500 and $2,500 for each violation.

This bill would increase the maximum initial application fee for licensure as a funeral director from $100 to $150 and the maximum examination fee from $25 to $50 above the actual cost of administering the examination, and would specify the subjects included on the examination and what constitutes a passing grade on the examination.

This bill would increase the fee for a special operating permit from $25 to a maximum of $100.

This bill would increase the maximum initial application fee for licensure as an embalmer from $100 to $500 and the maximum examination fee from $25 to $50 above the actual cost of administering the examination.

This bill would specify what constitutes a passing grade on an embalmer's license examination.

This bill would increase the initial funeral establishment license inspection fee from $35 to a maximum of $150, the reinspection fee from $75 to a maximum of $150, the annual inspection fee from $35 to a maximum of $100, and the location transfer fee from $25 to a maximum of $75.

This bill would increase the maximum initial application fee for a license to operate a funeral establishment from $300 to a maximum of $500 and would provide further for the contents of the funeral establishment.

This bill would require and provide a process for completing an application to operate a mortuary service, would provide a maximum application fee of $500, and would provide for the contents of and inspection of the premises of the mortuary service applicant.

This bill would increase the fee for changing the name of a funeral establishment from $25 to a maximum of $75 and would authorize the board to establish a fee for any mortuary service making application to change its name.

This bill would authorize the board to revoke, suspend, or refuse to renew the license of a mortuary service and would increase the fine imposed upon any person, firm, partnership, society, group, or corporation failing to register a funeral home, mortuary, chapel, funeral establishment, or mortuary service from a range of $300 to $500 to a range of $500 to $2,500 for each violation.

This bill would specifically prohibit any crematory facility licensed by the board from cremating deceased animals.

This bill would delete certain antiquated language pertaining to an apprentice certificate or license.

This bill would also repeal the laws relating to certain reporting requirements and donor eye enucleation licenses.

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Subjects

Funeral Service, Board of