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Legislative Year: 2024 Change
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Bill Detail: SB24-173

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Title Regulate Mortuary Science Occupations
Status Governor Signed (05/24/2024)
Bill Subjects
  • Professions & Occupations
House Sponsors B. Titone (D)
M. Soper (R)
Senate Sponsors R. Gardner (R)
D. Roberts (D)
House Committee Business Affairs and Labor
Senate Committee Business, Labor and Technology
Date Introduced 03/04/2024
Summary

The bill requires an individual to obtain a license to practice as a
funeral director, a mortuary science practitioner, an embalmer, a
cremationist, or a natural reductionist (mortuary science professional).
The director of the division of professions and occupations (director) will
promulgate rules on licensing mortuary science professionals. To be
licensed, an individual must submit an application, pay an application fee,
obtain a fingerprint-based criminal history record check, not have been
subject to discipline in another state or convicted of a disqualifying crime,
and meet the following qualifications:
  • For a funeral director, the applicant must have graduated
from an approved mortuary science school, have
successfully passed the arts section of the national board
examination, and have served an apprenticeship of one year
or longer;
  • For a mortuary science practitioner, the applicant must
have graduated from an approved mortuary science school,
have successfully passed both the arts and science sections
of the national board examination, and have served an
apprenticeship of one year or longer;
  • For an embalmer, the applicant must have graduated from
an approved mortuary science school, have successfully
passed the science section of the national board
examination, and have served an apprenticeship of one year
or longer; and
  • For a cremationist or natural reductionist, the applicant
must have received official certification as a crematory
operator from the Cremation Association of North
America, the International Cemetery, Cremation and
Funeral Association, or a successor organization.
The bill grants an applicant who is a current practitioner a
provisional license if the applicant does not meet these requirements. To
obtain a provisional license, the applicant must have obtained at least
6,500 hours of work experience, have served an apprenticeship of one
year or longer, and pass a fingerprint-based criminal history record check.
If an individual holds a provisional license at least 24 months without
being subject to discipline, the person qualifies for full licensure.
Administrative procedures for license renewal and fees are
established. A license holder must obtain 6 hours of continuing education
to renew a license. The continuing education must include:
  • One hour covering the applicable law;
  • One hour covering applicable ethics; and
  • One hour covering public health requirements.
The current law covering title protection is updated to require a
person to hold the appropriate license to use the title funeral director,
mortuary science practitioner, embalmer, cremationist, or natural
reductionist.
The director may investigate and discipline license holders. The
bill establishes grounds for disciplining an applicant or license holder and
authorizes the director to take the following disciplinary actions against
an applicant or a license holder:
  • Refuse to issue a license or impose conditions on a license;
  • Suspend or revoke a license;
  • Issue a letter of admonition;
  • Issue a confidential letter of concern;
  • Require additional training; or
  • Impose a fine not to exceed $5,000 per violation.
The director may seek an injunction to stop violations of the bill.
An employer of a mortuary science professional must report to the
director any termination, disciplinary action, or resignation if any of these
actions were taken for conduct that violates the bill. The director may
bring an action for the enforcement of an order of the director.
The regulation of the practice of a mortuary science professional
sunsets on September 1, 2031. Before the repeal, the regulation will
undergo a sunset review and report.

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