GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 164
AN ACT TO ELIMINATE ANY AMBIGUITY AS TO THE SCOPE OF INSPECTIONS OF THE BOARD OF MORTUARY AFFAIRS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 90-210.23(d) reads as rewritten:
"(d) Every person licensed
by the Board and every resident trainee shall furnish all information required
by the Board reasonably relevant to the practice of the profession or business
for which he is a licensee or resident trainee, and every funeral service
establishment and records thereof shall be subject to inspection by the
Board at all reasonable times during normal hours of operation and
periods shortly before or after normal hours of operation and shall furnish
all information required by the Board reasonably relevant to the business
therein conducted. Every licensee, resident trainee and funeral service
establishment shall provide the Board with his or its current post-office
address which shall be placed on the appropriate register and all notices
required by law or by any rule or regulation of the Board to be mailed to any
licensee, resident trainee or funeral service establishment shall be validly
given when mailed to the address so provided.
The Board is empowered to hold hearings in accordance with the provisions of this Article and of Chapter 150B to subpoena witnesses and to administer oaths to or receive the affirmation of witnesses before the Board."
Sec. 2. G.S. 90-210.24(b) reads as rewritten:
"(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 records, 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."
Sec. 3. G.S. 90-210.68(a) reads as rewritten:
"(a) Every preneed
licensee shall keep for examination by the Board accurate accounts, books, and
records in this State of all preneed funeral contract and prearrangement
insurance policy transactions, copies of all agreements, insurance policies,
instruments of assignment, the dates and amounts of payments made and accepted
thereon, the names and addresses of the contracting parties, the persons for
whose benefit funds are accepted, and the names of the financial institutions
holding preneed funeral trust funds and insurance companies issuing
prearrangement insurance policies. The Board, its inspectors appointed pursuant
to G.S. 90-210.24 and its examiners, which the Board may appoint to assist in
the enforcement of this Article, may at any time during normal hours
of operation and periods shortly before or after normal hours of operation, investigate
the books, records, and accounts of any licensee under this Article with
respect to trust funds, preneed funeral contracts, and prearrangement insurance
policies. The Board may require the attendance of and examine under oath
all persons whose testimony it may require. Every preneed licensee shall
submit a written report to the Board, at least annually, in a manner and with
such content as established by the Board, of its preneed funeral contract sales
and performance of such contracts. The Board may also require other
reports."
Sec. 4. This act becomes effective on October 1, 1993.
In the General Assembly read three times and ratified this the 15th day of June, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives