House of Representatives

SB 1237

funeral directors and establishments

Sponsors: Senator Bundgaard

 

X

Committee on Commerce and Economic Development

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

SB 1237 makes changes to the statutes that regulate the Board of Funeral Directors and Embalmers.

 

History

Title 32, Chapter 12 requires 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.    In addition, the Board accepts complaints against licensees, investigates allegations, and administratively adjudicates complaints. 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. 

 

The Board consists of seven appointed members; four licensed practicing funeral directors or embalmers, and three public members, one of whom is the owner or manager of a business completely unrelated to the funeral industry.

 

When there is a violation of statute, current law authorizes the Board to revoke or suspend a license.  Twenty complaints were received in 2001 and 10 disciplinary actions were taken, with an average of 90 days to investigate each complaint.  SB 1237 outlines other disciplinary actions that the Board may take, clarifies the responsibility of a funeral establishment for its employees/agents, and makes changes to statute dealing with viewing remains and cremation.       

 

Provisions

·          Clarifies that the funeral establishment is responsible for the acts or omissions of its employees or agents.

 

·          Outlines the disciplinary actions the Board may take against the funeral establishment when there is a violation of statute.

-         Issue a letter of censure or reprimand.

-         Impose probation that is necessary to protect the public and rehabilitate/educate the licensee.  There may be an order of restitution.

-         Impose a civil penalty not to exceed $3,000 per violation.

 

·          Clarifies to whom notice shall be sent when there are pending disciplinary proceedings.

 

·          Clarifies the process and standard for visually identifying the human remains.

 

·          Requires a metal disk with an identification number to be placed with the deceased during cremation.

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·          45th Legislature                 

·          Second Regular Session      2          April 8, 2002

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