cremationist licensure
DPA |
Committee on Appropriations |
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DPA |
Caucus and COW |
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DPA |
Third Read |
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X |
As Transmitted to the Governor |
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HB 2686 establishes licensure requirements and fees for cremationists and makes changes to the Board of Funeral Directors and Embalmers (Board).
Title 32, Ch. 12 permits the Board of Funeral Directors and Embalmers (Board) to license funeral directors, embalmers, interns and apprentice embalmers. In addition, the Board registers prearranged funeral salespersons and provides prearranged funeral sales endorsements to funeral establishments. The Board also licenses crematories and funeral establishments. The Board estimates that it currently licenses approximately 560 people, but since many of them have dual licenses (such as funeral director and embalmer), the Board has actually granted approximately 1300 licenses. Arizona currently has 41 crematories and 153 funeral establishments.
According to the Cremation Association of North America, 21,396 people were cremated in Arizona in 1999, or approximately 46.8% of the deceased population. The national average for cremation in 1999 was 20.53%.
· Establishes licensure for cremationists and sets fees for license application, renewal and license and registration issuance at $85. Licenses will be issued annually and expire on August 1. (Secs. 2 and 8)
· Requires applicants for cremationist licensure to submit a completed application and pay the prescribed fees to the Board. (Sec. 8)
· Requires business entities that apply for cremationist licensure to submit the application, a copy of the entity’s partnership agreement, articles of incorporation and any other organizational documents to the Board. (Sec. 8)
· States that applicants for cremationist licenses must submit a fingerprint card, background check fee and be of good moral character. (Sec. 8)
· Allows the Board to set educational requirements for cremationists in rule. (Sec. 8)
· Requires the Board or designee to inspect the premises of the crematory and investigate the character and qualifications of all applicants. (Sec. 8)
· Allows the Board to issue a license to an applicant who meets the criteria for licensure. (Sec. 8)
· Allows a cremationist who retires from or is not currently practicing embalming or funeral directing to request that the board place the person’s license on inactive status. (Sec. 3)
· Prohibits a cremationist with an inactive license from practicing in Arizona. (Sec. 3)
· Updates and narrows the definition of cremationist and responsible cremationist to include licensure and to ensure that a cremationist is the person actually operating the retort. (Sec. 1)
Regulation
· Allows the Board to suspend any license, registration or endorsement for no more than 90 days for the first offense and 180 days for the second offense. (Sec. 5)
· Requires funeral establishments to identify, in writing to the board, the person to whom the board’s notices relating to the funeral establishment shall be sent. (Sec. 5)
· Adds the following items to a statement of funeral goods and services delivered to a potential customer before the contract is signed:
- Location where the deceased will be embalmed/cremated if the location is offsite.
- Name of any company that owns at least ten percent of the funeral establishment, as well as their address and phone number. (Sec. 6)
· Requires crematories to display their license along with the responsible cremationist’s license in a visible location. (Sec. 9)
· Makes acts of an agent or employee of a crematory that violate statute, acts of the crematory. (Sec. 10)
· Requires the responsible cremationist to ensure that the crematory complies with state laws and board rules. (Sec. 7)
· Adds a Prop. 108 clause. (Sec. 12)
· Makes technical and conforming changes.
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45th Legislature
Second Regular Session 3 May
8, 2002
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