NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 461

HOUSE BILL 639

 

 

AN ACT TO AMEND ARTICLE 13A OF CHAPTER 90 OF THE GENERAL STATUTES, AFFECTING PRACTICE OF FUNERAL SERVICE IN NORTH CAROLINA.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 90-210.18(a) is rewritten as follows:

"(a)       The General Assembly declares that the practice of funeral service affects the public health, safety and welfare, and is subject to regulation and control in the public interest. The public interest requires that only qualified persons be permitted to practice funeral service in North Carolina, and that the profession merit the confidence of the public. This Article shall be liberally construed to accomplish these ends."

Sec. 2.  G.S. 90-210.18(b) is amended by deleting from lines 26 through 28 the words "and unless he has had a license to practice funeral service or embalming in North Carolina for not less than five consecutive years prior thereto"; and by deleting from lines 32 through 34 the words "and unless he has had such license to practice funeral directing in North Carolina for not less than five consecutive years prior thereto".

Sec. 3.  G.S. 90-210.18(c)(5a) is renumbered and rewritten as follows:

"(6)      No person is eligible to serve two consecutive elective terms as a member of the State Board of Mortuary Science, whether the terms be two-year, five‑year, or any combination of two-year and five-year terms."

Sec. 4.  G.S. 90-210.18(c)(14) is amended by striking out the phrase "Article 33 of Chapter 143" and inserting in lieu thereof the phrase "Chapter 150A".

Sec. 5.  G.S. 90-210.18(c) is further amended by renumbering subparagraphs (6) through (15) as subparagraphs (7) through (16) respectively.

Sec. 6.  G.S. 90-210.20(h) is amended by inserting in line 2 after the words "in the care" the following: ", arrangement".

Sec. 7.  G.S. 90-210.21 is amended by placing a period after the word "institutions" at the end of line 2, and by deleting the remainder of the section.

Sec. 8.  G.S. 90-210.23(c) is amended by striking out of line 7 the word "fees" and inserting in lieu thereof the word "funds".

Sec. 9.  G.S. 90-210.23(d) is amended by striking out the figure "150" and inserting in lieu thereof the figure "150A".

Sec. 10.  G.S. 90-210.24 is rewritten as follows:

"§ 90-210.24.  Inspector. — (a) The Board may appoint one or more agents who shall serve at the pleasure of the Board and who shall have the title 'Inspector of the Board of Mortuary Science of North Carolina'. No person is eligible for appointment as inspector unless at the time of his appointment he is licensed under this Article as a funeral service licensee.

(b)        To determine compliance with the provisions of this Article and regulations promulgated under this Article, inspectors may (1) enter the office, premises, establishment or place of business of any funeral service licensee, funeral director or embalmer in North Carolina, and any office, premises, establishment or place in North Carolina where the practice of funeral service is carried on, or where that practice is advertised as being carried on, or where a funeral is being conducted, to inspect the office, premises, or establishment, or to inspect the license or registration of any licensee and any resident trainee operating therein; (2) enter any hospital, nursing home, or other institution from which a dead human body has been removed by any person licensed under this Article or their designated representative to inspect records pertaining to the removal and its authorization; and (3) may inspect criminal and probation records of licensees and applicants for licenses under this Article to obtain evidence of their character. Inspectors may serve papers and subpoenas issued by the Board or any office or member thereof under authority of this Article, and shall perform other duties prescribed or ordered by the Board.

(c)        Upon request by the Board, the Attorney General of North Carolina shall provide the inspectors with appropriate identification cards, signed by the Attorney General or his designated agent.

(d)        The Board may prescribe an inspection form to be used by the inspectors in performing their duties."

Sec. 11.  G.S. 90-210.25(a)(1) is rewritten as follows:

"(1)      To be licensed for the practice of funeral directing under this Article, a person must:

a.         be at least 18 years of age,

b.         be of good moral character,

c.         have completed a minimum of 32 semester hours or 48 quarter hours of academic instruction in a duly accredited college or university, or be a graduate of a mortuary science college approved by the Board,

d.         have completed 12 months of resident traineeship as funeral director, pursuant to the procedures and conditions set out in G.S. 90-210.25(a)(4), either before or after satisfying the educational requirement under item c. of this subsection, and

e.         have passed an oral or written funeral director examination on the following subjects:

(i)         basic health sciences, including microbiology, hygiene, and public health,

(ii)        funeral service administration, including psychology, funeral principles and directing, and

(iii)       laws of North Carolina and rules of the Board of Mortuary Science and other agencies dealing with the care, transportation and disposition of dead human bodies."

Sec. 12.  G.S. 90-210.25(a)(2) is rewritten as follows:

"(1)      To be licensed for the practice of embalming under this Article, a person must:

a.         be at least 18 years of age,

b.         be of good moral character,

c.         be a graduate of a mortuary science college approved by the Board,

d.         have completed 12 months of resident traineeship as an embalmer pursuant to the procedures and conditions set out in G.S. 90210.25(a)(4), either before or after satisfying the educational requirement under item c. of this subsection, and

e.         have passed an oral or written embalmer examination on the following subjects:

(i)         basic health sciences, including anatomy, chemistry, microbiology, pathology and forensic pathology,

(ii)        funeral service sciences, including embalming and restorative art, and

(iii)       laws of North Carolina and rules of the Board of Mortuary Science and other agencies dealing with the care, transportation and disposition of dead human bodies."

Sec. 13.  G.S. 90-210.25(a)(3) is rewritten as follows:

"(1)      To be licensed for the practice of funeral service under this Article, a person must:

a.         be at least 18 years of age,

b.         be of good moral character,

c.         be a graduate of a mortuary science college approved by the Board,

d.         have completed 12 months of resident traineeship as a funeral service licensee, pursuant to the procedures and conditions set out in G.S. 90-210.25(a)(4), either before or after satisfying the educational requirement under item c. of this subsection, and

e.         have passed an oral or written funeral service examination on the following subjects:

(i)         basic health sciences, including anatomy, chemistry, microbiology, pathology, forensic pathology, hygiene and public health,

(ii)        funeral service sciences, including embalming and restorative art,

(iii)       funeral service, administration including psychology, funeral principles and directing, and

(iv)       laws of North Carolina and rules of the Board of Mortuary Science and other agencies dealing with the care, transportation and disposition of dead human bodies."

Sec. 14.  G.S. 90-210.25(a)4) is rewritten as follows:

"(4)      a.         A person desiring to become a resident trainee shall apply to the Board on a form provided by the Board. The application shall state that the applicant is not less than 18 years of age, of good moral character, and is the graduate of a high school or the equivalent thereof, and shall indicate the licensee under whom the applicant expects to train. A person training to become an embalmer may serve under either a licensed embalmer or a funeral service licensee. A person training to become a funeral director may serve under either a licensed funeral director or a funeral service licensee. A person training to become a funeral service licensee shall serve under a funeral service licensee. The application must be sustained by oath of the applicant and be accompanied by the appropriate fee. When the Board is satisfied as to the qualifications of an applicant it shall instruct the secretary to issue a certificate of resident traineeship.

b.         When a resident trainee leaves the proctorship of the licensee under whom the trainee has worked, the licensee shall file with the Board an affidavit showing the length of time served with the licensee by the trainee, and the affidavit shall be made a matter of record in the Board's office. The licensee shall deliver a copy of the affidavit to the trainee.

c.         A person who has not completed the traineeship and wishes to do so under a licensee other than the one whose name appears on the original certificate may reapply to the Board for approval, without payment of an additional fee.

d.         A certificate of resident traineeship shall be signed by the resident trainee and upon payment of the renewal fee shall be renewable one year after the date of original registration; but the certificate may not be renewed more than one time. The Board shall mail to each registered trainee at his last known address a notice that the renewal fee is due and that, if not paid within 30 days of the notice, the certificate will be canceled. A penalty, in addition to the renewal fee, shall be charged for a late renewal, but the renewal of the registration of any resident trainee who is engaged in the active military service of the United States at the time renewal is due may, at the discretion of the Board, be held in abeyance for the duration of that service without penalties.

e.         All registered resident trainees shall report to the Board at least every three months during traineeship upon forms provided by the Board listing the work which has been completed during the preceding three months of resident traineeship. The data contained in the reports shall be certified as correct by the licensee under whom the trainee has served during the period and by the licensed person who is managing the funeral service establishment. Each report shall list the following:

(i)         for funeral director trainees, the conduct of any funerals during the relevant time period,

(ii)        for embalming trainees, the embalming of any bodies during the relevant time period,

(iii)       for funeral service trainees, both of the activities named in (i) and (ii) of this subsection, engaged in during the relevant time period.

f.          To meet the resident traineeship requirements of G.S. 90‑210.25(a)(1), G.S. 90-210.25(a)(2) and G.S. 90-210.25(a)(3) the following must be shown by the affidavit(s) of the licensee(s) under whom the trainee worked:

(i)         that the funeral director trainee has, under supervision, assisted in directing at least 25 funerals during the resident traineeship,

(ii)        that the embalmer trainee has, under supervision, assisted in embalming at least 25 bodies during the resident traineeship,

(iii)       that the funeral service trainee has, under supervision assisted in directing at least 25 funerals and, under supervision, assisted in embalming at least 25 bodies during the resident traineeship.

g.         The Board may suspend or revoke a certificate of resident traineeship for violation of any provision of this Article.

h.         Each sponsor for a registered resident trainee must during the period of sponsorship be actively employed with a funeral establishment. The traineeship shall be a primary vocation of the trainee.

i.          Only one resident trainee may register and serve at any one time under any one person licensed under this Article."

Sec. 15.  G.S. 90-210.25(a)(5) is amended by striking out of lines 5 through 7 the words "at fees to be determined by the Board not to exceed thirty-five dollars ($35.00)" and by inserting in lieu thereof the words "upon payment of the renewal fee".

Sec. 16.  G.S. 90-210.25(a)(5) is further amended by striking out of lines 20-21 the words "of ten dollars ($10.00)".

Sec. 17.  G.S. 90-210.25(a)(5) is further amended by placing a period after the word "therefrom" in line 24 and deleting the remainder of the paragraph ending with the words "25 years" in line 43, and by inserting in lieu thereof the following:

"All licensees now or hereafter licensed in North Carolina shall take courses of study in subjects relating to the practice of the profession for which they are licensed, to the end that new techniques, scientific and clinical advances, the achievements of research and the benefits of learning and reviewing skills will be utilized and applied to assure proper service to the public.

As a prerequisite to the annual renewal of a license, the licensee must complete, during the year immediately preceding renewal, at least five hours of continuing education courses, approved by the Board prior to enrollment; except that for renewals for calendar year 1980 the required length of study shall be a total of fifteen hours in the three years immediately preceding January 1, 1980.

The Board shall not renew a license unless fulfillment of the continuing education requirement has been certified to it on a form provided by the Board, but the Board may waive this requirement for renewal in cases of certified illness or undue hardship or where the licensee lives outside of North Carolina and does not practice in North Carolina, and the Board shall waive the requirement for all licensees who have been licensed in North Carolina for a continuous period of 25 years or more.

The Board shall cause to be established and offered to the licensees, each calendar year, at least five hours of continuing education courses in subjects encompassing the license categories of embalming, funeral directing and funeral service. The Board may charge licensees attending these courses a reasonable registration fee in order to meet the expenses thereof and may also meet those expenses from other funds received under the provisions of this Article.

Sec. 18.  G.S. 90-210.25(b) is rewritten as follows:

"(b)      Persons licensed under the laws of other jurisdictions.

(1)        The Board shall grant licenses to funeral directors, embalmers and funeral service licensees, licensed in other states, territories, the District of Columbia, and foreign countries, when it is shown that the applicant holds a valid license as a funeral director, embalmer or funeral service licensee issued by the other jurisdiction, has demonstrated knowledge of the laws and regulations governing the profession in North Carolina and has submitted proof of his good moral character; and either that the applicant has continuously practiced the profession in the other jurisdiction for at least three years immediately preceding his application, or the Board has determined that the licensing requirements for the other jurisdiction are substantially similar to those of North Carolina.

(2)        The Board shall periodically review the mortuary science licensing requirements of other jurisdictions and shall determine which licensing requirements are substantially similar to the requirements of North Carolina.

(3)        The Board may issue special permits, to be known as courtesy cards, permitting nonresident funeral directors, embalmers and funeral service licensees to remove bodies from and to arrange and direct funerals and embalm bodies in this State, but these privileges shall not include the right to establish a place of business in or engage generally in the business of funeral directing and embalming in this State."

Sec. 19.  G.S. 90-210.25(d) is rewritten as follows:

"(d)      Establishment Permit.

(1)        No person, firm or corporation shall conduct, maintain, manage or operate a funeral establishment unless a permit for that establishment has been issued by the Board and is conspicuously displayed in the establishment.

(2)        A permit shall be issued when:

a.         it is shown that the funeral establishment has in charge a person, known as a manager, licensed for the practice of funeral directing or funeral service,

b.         the Board receives a list of the names of all part-time and full-time licensees employed by the establishment,

c.         if embalming is to be performed on the premises, it is shown that a preparation room is maintained which satisfies the requirements set out in G.S. 90-210.27, and

d.         the Board receives payment of the permit fee.

(3)        Applications for funeral establishment permits shall be made on forms provided by the Board and filed with the Board by the owner, a partner or an officer of the corporation by January 1 of each year, and shall be accompanied by the application fee or renewal fee, as the case may be. All permits shall expire on December 31 of each year.

      A penalty for late renewal, in addition to the regular renewal fee, shall be charged for renewal of registration coming after the first day of February.

(4)        The Board may suspend or revoke a permit when an owner, partner or officer of the funeral establishment violates any provision of this Article or any regulations of the Board, or when any agent or employee of the funeral establishment, with the consent of any person, firm or corporation operating the funeral establishment, violates any of those provisions, rules or regulations.

(5)        Funeral establishment permits are not transferable. A new application for a permit shall be made to the Board within 30 days of a change of ownership of a funeral establishment."

Sec. 20.  G.S. 90-210.25(e) is amended by deleting lines 1 through 50, beginning with the words "(e) Violations. " and ending with the words "a certificate of death", and inserting in lieu thereof the following:

"(e)       Revocation; suspension; fines; disclosure.

(1)        Whenever the Board finds that an applicant for a license or a person to whom a license has been issued by the Board is guilty of any of the following acts or omissions and the Board also finds that the person has thereby become unfit to practice, the Board may suspend or revoke the license or refuse to issue or renew the license, in accordance with the procedures set out in Chapter 150A:

a.         conviction of a felony or a crime involving fraud or moral turpitude;

b.         fraud or misrepresentation in obtaining or renewing a license;

c.         false or misleading advertising as the holder of a license;

d.         solicitation of dead human bodies by the licensee, his agents, assistants, or employees; but this paragraph shall not be construed to prohibit general advertising by the licensee;

e.         employment directly or indirectly of any resident trainee agent, assistant or other person, on a part-time or full-time basis, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular licensee;

f.          the direct or indirect giving of certificates of credit or the payment or offer of payment of a commission by the licensee, his agents, assistants or employees for the purpose of securing business;

g.         gross immorality, including being under the influence of alcohol or drugs while practicing funeral service;

h.         aiding or abetting an unlicensed person to perform services under this Article, including the use of a picture or name in connection with advertisements or other written material published or caused to be published by the licensee;

i.          using profane, indecent or obscene language in the presence of a dead human body, and within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed of;

j.          violating or cooperating with others to violate any of the provisions of this Article or of the rules and regulations of the Board;

k.         violation of any State law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;

l.          refusing to surrender promptly the custody of a dead human body upon the express order of the person lawfully entitled to the custody thereof;

m.        knowingly making any false statement on a certificate of death;

n.         indecent exposure or exhibition of a dead human body while in the custody or control of a licensee.

(2)        Where the Board finds that a licensee is guilty of one or more of the acts or omissions listed in subsection (e)(1) of this section but it is determined by the Board that the licensee has not thereby become unfit to practice, the Board may place the licensee on a term of probation in accordance with the procedures set out in Chapter 150A."

Sec. 21.  G.S. 90-210.25(e) is further amended by inserting the following sentence at the end of the subsection:

"The statement shall have printed, typed or stamped on the face thereof: 'This statement of disclosure is provided pursuant to the requirements of North Carolina G.S. 90-210.25(e)."'

Sec. 22.  Chapter 90, Article 13A of the General Statutes, is amended by inserting at the end thereof the following new sections:

"§ 90-210.26.  Good moral character. — Evidence of good moral character may be shown by the affidavits of three persons who have been acquainted with the applicant for three years immediately preceding the submission of the affidavit.

"§ 90-210.27.  Preparation room. — (a) Every funeral establishment if embalming is to be performed on the premises, shall maintain a preparation room which is strictly private.

(b)        No one is allowed in the preparation room while a dead human body is being prepared except licensees, resident trainees, public officials in the discharge of their duties, members of the medical profession, officials of the funeral home, next of kin or other legally authorized persons.

(c)        Each preparation room shall:

(1)        contain one standard type operating table;

(2)        contain facilities for adequate drainage;

(3)        contain a sanitary waste receptacle;

(4)        contain an instrument sterilizer;

(5)        have wall-to-wall floor covering of tile, concrete, or other material which can be easily cleaned;

(6)        be kept in sanitary condition and subject to inspection by the Board or its agents at all times;

(7)        have a placard or sign on the door indicating that the preparation room is private;

(8)        have a proper ventilation or purification system to maintain a nonhazardous level of airborne contamination.

"§ 90-210.28.  Fees. — The Board may set and collect fees, not to exceed the following amounts:

Establishment permit

Application                                                                   $50

Annual renewal                                                             $50

Late renewal penalty                                                     $35

Courtesy card

Application                                                                   $35

Annual renewal                                                             $35

Out-of-state licensee

Application                                                                   $50

Embalmer, Funeral Director, Funeral Service

Application                                                                   $50

Annual renewal                                                             $50

Reinstatement fee                                                          $100

Resident trainee permit

Application                                                                   $35

Annual renewal                                                             $10

Late renewal penalty                                                     $5

"§ 90-210.29.  Students. — (a) Students who are enrolled in duly accredited mortuary science colleges in North Carolina may engage in the practices defined in this act if the practices are part of their academic training and if the practices are under the supervision of a licensed instructor of mortuary science or a licensee designated by the mortuary science college upon registration with the Board.

(b)        The Board shall issue student permits upon verification of an applicant's enrollment in a duly accredited mortuary science college."

Sec. 23.  This act shall become effective July 1, 1979.

In the General Assembly read three times and ratified, this the 25th day of April, 1979.