ARIZONA STATE SENATE
Phoenix, Arizona
funeral directors
and establishments
Purpose
Allows the State Board of Funeral Directors and Embalmers (Board) to discipline funeral establishments for violations made by agents or employees of that establishment and expands the disciplinary actions that may be taken by the Board to include censure, the imposition of probation and the levying of civil penalties. Requires crematories to place a metal cremation disk containing an identification number with the deceased throughout the cremation process.
Background
The Board is charged with regulating funeral establishments and crematories, the practices of funeral directing and embalming and protecting consumers from financial harm. Statute does not prohibit the participation within an establishment by a non-licensed employee, but specifies the actions that must be completed by licensed funeral directors or embalmers. Recently, the Board has heard cases involving non-licensed employees who are serving in supervisory roles at an establishment and are acting in ways that either violate Board statutes or rules or cause a licensee to violate statute. S.B. 1237 makes violations of statute or Board rule by an agent or employee of a funeral establishment an act or omission of the establishment.
Current statute authorizes the Board to take disciplinary action against an establishment’s license when violations have been committed and adjudicated. Statute currently specifies only the revocation or suspension of a license as possible disciplinary actions. S.B. 1237 expands the range of actions the Board can take to include censuring, imposing probation and or imposing a civil penalty not to exceed $3,000 per violation.
The Board is required to establish standards of practice for the regulation of crematories and cremation. Crematories are required to develop, implement and maintain a written procedure for identification and tracking of human remains while in their possession throughout the cremation process. To ensure the identification of cremated remains, S.B. 1237 requires crematories to place a metal cremation disk containing an identification number with the deceased during cremation.
There may be a positive fiscal impact to the state general fund associated with this measure due to the civil penalties collected and deposited into the general fund.
Provisions
1. Expands the responsibilities of the funeral director to include supervision of the daily operation of the funeral establishment.
2. Classifies the acts and omissions of agents or employees of a funeral establishment that constitute a violation of provisions or rules as the acts and omissions of the funeral establishment.
3. Expands the actions the Board may take against a funeral establishment that has committed a violation, as follows:
a) issue a letter of censure or reprimand.
b) impose probationary terms to protect the public health, safety and welfare and to rehabilitate or educate the licensee, including restitution to any customer who was injured by the violation.
c) impose a civil penalty of up to $3,000 per violation.
4. Requires the Board to serve notice on each funeral establishment that employed or hired the person who is being served by the Board at the time the conduct occurred causing the Board to serve the notice on the person.
5. Requires the funeral establishment to identify the person to whom the Board send the notice to be served on the establishment.
6. Stipulates that the procedure for the identification of human remains must require crematories to comply with the standards of practice for the regulation of crematories and cremation.
7. Prohibits a crematory from opening a container of human remains, except under the supervision of a funeral director or embalmer.
8. Requires the crematory to assign an identification number to the deceased and place a metal cremation disk containing the number with the deceased during cremation.
9. Makes technical and conforming changes.
10. Provides for a general effective date.
Amendments
Adopted by Committee of the Whole
1. Clarifies the notice to be served by the Board to a funeral establishment and limits serving such notice at the time the conduct occurred causing the Board to serve the notice on the person.
2. Requires a metal cremation disk containing an identification number to be placed with the deceased throughout the cremation process.
Amendment
Adopted by the House of Representatives
· Makes changes to the standards of practice governing crematories.
Senate Action House Action
COM 2/13/02 DP 6-0-0 CED 4/15/02 DPA 8-0-0-2
3rd Read 3/21/02 29-0-1 3rd Read 4/22/02 49-8-3-0
Final Read 4/30/02 28-0-2-0
Signed by the Governor 5/6/02
Chapter 168
Prepared by Senate Staff
May 14, 2002