NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 571

SENATE BILL 567

 

 

AN ACT TO AMEND ARTICLE 13 OF CHAPTER 90 OF THE GENERAL STATUTES TO REVISE THE LAWS RELATING TO FUNERAL DIRECTORS AND EMBALMERS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 13 of Chapter 90 of the General Statutes is hereby amended and rewritten to read as follows:

"Article 13.

"Practice of Funeral Service.

"§ 90-203.  State Board; members; election; qualifications; term; vacancies. — (a) The practice of funeral service in the State of North Carolina is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the funeral service profession merits and receives the confidence of the public and that only qualified persons be permitted to practice funeral service in the State of North Carolina. This Article shall be liberally construed to carry out these objects and purposes.

(b)        The North Carolina Board of Mortuary Science is hereby created as a continuation of the North Carolina Board of Embalmers and Funeral Directors, which was heretofore created by Chapter 338, Public Laws 1901; by Chapter 174, Public Laws 1931; by Chapter 951, Public Laws 1949; by Chapter 1240, Public Laws 1957; and continued by Chapter 630, Public Laws 1965, and the Board of Mortuary Science is hereby created as the agency of the State for regulation of the practice of funeral service in this State. Said Board of Mortuary Science shall consist of five funeral service licensees licensed to practice in North Carolina and two funeral directors who are licensed to practice funeral directing in North Carolina, or two funeral service licensees licensed to practice in North Carolina, and who possess other qualifications hereinafter specified and who shall have been elected in an election held as hereinafter provided in which every person licensed to practice embalming, funeral directing or funeral service in North Carolina shall be entitled to vote.

Each of said five funeral service licensees shall be elected for a term of five years and until his successor shall be elected and shall qualify and each of said two funeral directors or two funeral service licensees shall be elected for a term of two years and until his successor shall be elected and shall qualify. Each year there shall be elected one funeral service licensee for a term of five years and one funeral director or funeral service licensee for a term of two years. Any vacancy occurring on said board shall be filled for the period of the unexpired term by a majority vote of the remaining members of the board. No funeral service licensee shall be nominated for membership on said board or shall be elected to membership on said board, unless, at the time of such nomination, and at the time of such election, he is licensed to practice funeral service in North Carolina and actually engaged in the practice of funeral service in North Carolina and unless he has had a license to practice funeral service or embalming in North Carolina for not less than five consecutive years prior thereto. No funeral director shall be nominated for membership on said board or shall be elected to membership on said board unless, at the time of such nomination and at the time of such election, he is licensed to practice funeral directing in North Carolina and actually engaged in the practice of funeral directing in North Carolina and unless he has had such license to practice funeral directing in North Carolina for not less than five consecutive years prior thereto. In addition to the seven members above provided for, the chairman of the Commission for Health Services shall serve ex officio as a member of said board and one public member of the board appointed by the Governor who shall be a voting member of the board.

The first member appointed by the Governor shall serve until June 30, 1977, or until his successor is appointed. Thereafter, the Governor shall appoint such member of the board to serve for a four-year term, beginning on July 1, 1977.

The member of the board appointed by the Governor shall not be a person licensed under this act and such person shall not be employed by a person licensed under this act.

(c)        Nominations and elections of members of the North Carolina State Board of Mortuary Science shall be as follows:

(1)        An election shall be held each year to elect two persons for membership on the Board of Mortuary Science, each to take office on the first day of January following the election, one funeral service licensee to hold office for a term of five years and until his successor has been elected and shall qualify, and one funeral director or funeral service licensee to hold office for a term of two years and until his successor has been elected and shall qualify; provided that if in any year the election of the members of such board for that year shall not have been completed by January 1, of that year, then the said members elected that year shall take office immediately after the completion of the election and the five-year member shall hold office until the first of January of the fifth year thereafter and until his successor is elected and qualified and the two- year member shall hold office until the first of January of the second year thereafter and until his successor is elected and qualified.

(2)        Every embalmer, funeral director and funeral service licensee with a current North Carolina license shall be eligible to vote in all elections. The holding of such a license to practice in North Carolina shall constitute registration to vote in such elections. The list of licensed embalmers, funeral directors and funeral service licensees shall constitute the registration list for elections.

(3)        All elections shall be conducted by the State Board of Mortuary Science which is hereby constituted a Board of Mortuary Science Elections. If a member of the State Board of Mortuary Science whose position is to be filled at any election is nominated to succeed himself, and does not withdraw his name, he shall be disqualified to serve as a member of the Board of Mortuary Science Elections for that election and the remaining members of the Board of Mortuary Science Elections shall proceed and function without his participation.

(4)        Nomination of candidates for election shall be made to the Board of Mortuary Science Elections by a written petition signed by not less than 20 embalmers, funeral directors or funeral service licensees licensed to practice in North Carolina, and filed with said Board of Mortuary Science Elections subsequent to the fifteenth day of May of the year in which the election is to be held and not later than midnight of the fifteenth day of August of such year, or not later than such earlier date (not before July 1) as may be set by the Board of Mortuary Science Elections: Provided, that not less than 10 days' notice of such earlier date shall be given to all embalmers, funeral directors and funeral service licensees qualified to sign a petition of nomination.

(5)        Any person who is nominated as provided in subdivision (4) above may withdraw his name by written notice delivered to the Board of Mortuary Science Elections or its designated secretary at any time prior to the closing of the polls in any election.

(5-1/2) No person shall be eligible for nomination or election to the Board of Mortuary Science who at the time of nomination or election is serving as an elected member of the Board pursuant to the provisions of Section 90‑203(c).

(6)        Following the close of nominations, there shall be prepared, under and in accordance with such rules and regulations as the Board of Mortuary Science Elections shall prescribe, ballots containing, in alphabetical order, the names of all nominees; and each ballot shall have such method of identification, and such instructions and requirements printed thereon, as shall be prescribed by the Board of Mortuary Science Elections at such time as may be fixed by the Board of Mortuary Science Elections a ballot and a return official envelope addressed to said board shall be mailed to each embalmer, funeral director and funeral service licensee licensed to practice in North Carolina, together with a notice by said board designating the latest day and hour for return mailing and containing such other items as such board may see fit to include. The said envelope shall bear a serial number and shall have printed on the left portion of its face the following:

"Serial No. of Envelope___________

Signature of Voter_______________

Address of Voter________________

______________________________

(Note: The enclosed ballot is not valid unless the signature of the voter is on this envelope)."

The Board of Mortuary Science Elections may cause to be printed or stamped or written on said envelope such additional notice as it may see fit to give. No ballot shall be valid or shall be counted in an election unless within the time hereinafter provided it has been delivered to said board by hand or by mail and shall be sealed. The said board by rule may make provision for replacement of lost or destroyed envelopes or ballots upon making proper provisions to safeguard against abuse.

(7)        The date and hour fixed by the Board of Mortuary Science Elections as the latest time for delivery by hand or mailing of said return ballots shall be not earlier than the tenth day following the mailing of the envelopes and ballots to the voters.

(8)        The said ballots shall be canvassed by the Board of Mortuary Science Elections beginning at noon on a day and at a place set by said board and announced by it in the notice accompanying the sending out of the ballots and envelopes, said date to be not later than four days after the date fixed by the board for the closing of the balloting. The canvassing shall be made publicly and any licensed embalmer, funeral director or funeral service licensee may be present. The counting of ballots shall be conducted as follows: The envelopes shall be displayed to the persons present and an opportunity shall be given to any person present to challenge the qualification of the voter whose signature appears on the envelope or to challenge the validity of the envelope. Any envelope (with enclosed ballot) challenged shall be set aside, and the challenge shall be heard later or at that time by said board. After the envelopes have been so exhibited, those not challenged shall be opened and the ballots extracted therefrom, insofar as practicable without showing the marking on the ballots, and there shall be a final and complete separation of each envelope and its enclosed ballot. Thereafter each ballot shall be presented for counting, shall be displayed and, if not challenged, shall be counted. No ballot shall be valid if it is marked for more nominees than there are positions to be filled in that election: Provided, that no ballot shall be rejected for any technical error unless it is impossible to determine the voter's choices or choice from the ballot. The counting of ballots shall be continued until completed. During the counting, challenge may be made to any ballot on the grounds only of defects appearing on the face of the ballot. The said board may decide the challenge immediately when it is made or it may put aside the ballot and determine the challenge upon the conclusion of the counting of the ballots.

(9)        If one of the nominees shall receive a majority of the votes cast, he shall be declared elected. If no candidate shall receive a majority of the votes cast, the said board shall order a second election to determine a contest between the two candidates receiving the highest number of votes. In any election if there is a tie between candidates, the tie shall be resolved by the vote of the State Board of Mortuary Science, provided that if a member of that board is one of the candidates in the tie, he may not participate in such vote.

(10)      In the event there shall be required a second election, there shall be followed the same procedure as outlined in the paragraphs above subject to the same limitations and requirements.

(11)      In the case of the death or withdrawal of a candidate prior to the closing of the polls in any election, he shall be eliminated from the contest and any votes cast for him shall be disregarded. If, at any time after the closing of the period for nominations because of lack of plural or proper nominations or death, or withdrawal, or disqualification or any other reason, there shall be (i) only one candidate for a position, he shall be declared elected by the Board of Mortuary Science Elections, or(ii) no candidate for a position, the position shall be filled by the State Board of Mortuary Science. In the event of the death or withdrawal of a candidate after election but before taking office, the position to which he was elected shall be filled by the State Board of Mortuary Science. In the event of the death or resignation of a member of the State Board of Mortuary Science, after taking office, his position shall be filled for the unexpired term by the State Board of Mortuary Science.

(12)      An official list of all licensed embalmers, funeral directors and funeral service licensees shall be kept at an office of the Board of Mortuary Science Elections and shall be open to the inspection of any person at all times. Copies may be made by any licensed embalmer, funeral director or funeral service licensee. As soon as the voting in any election begins a list of the licensed embalmers, funeral directors, and funeral service licensees shall be posted in such office of said board and indication by mark or otherwise shall be made on that list to show whether a ballot- enclosing envelope has been returned.

(13)      All envelopes enclosing ballots and all ballots shall be preserved and held separately by the Board of Mortuary Science Elections for a period of six months following the close of an election.

(14)      From any decision of the Board of Mortuary Science Elections relative to the conduct of such elections, appeal may be taken to the courts in the manner otherwise provided by Article 33 of Chapter 143 of the General Statutes of North Carolina.

(15)      The Board of Mortuary Science Elections is authorized to make rules and regulations relative to the conduct of these elections, provided same are not in conflict with the provisions of this section and provided that notice shall be given to all licensed embalmers, funeral directors, and funeral service licensees.

(d)        The Board of Mortuary Science Elections is authorized to appoint such secretary or secretaries and/or assistant secretary or assistant secretaries to perform such functions in connection with such nominations and elections as said board shall determine, provided that any protestant or contestant shall have the right to a hearing by said board in connection with any challenge of a voter, or an envelope, or a ballot or the counting of an election. Said board is authorized to designate an office or offices for the keeping of lists of registered embalmers, funeral directors and funeral service licensees, for the issuance and receipt of envelopes and ballots.

"§ 90-204.  Oath of office. — The members of said board, before entering upon their duties, shall take and subscribe to the oath of office prescribed for other State officers, which said oath shall be administered by a person qualified to administer such oath and shall be filed in the office of the Secretary of State.

"§ 90-205.  Definitions. — (a) 'Board' means the North Carolina State Board of Mortuary Science.

(b)        'Practice of Funeral Service' means engaging in the care or disposition of dead human bodies or in the practice of disinfecting and preparing by embalming or otherwise dead human bodies for the funeral service, transportation, burial or cremation, or in the practice of funeral directing or embalming as presently known, whether under these titles or designations or otherwise. It also means engaging in making arrangements for funeral service, selling funeral supplies to the public or making financial arrangements for the rendering of such services or the sale of such supplies.

(c)        'Funeral Service Licensee' means a person who is duly licensed and engaged in the 'practice of funeral service' as above defined.

(d)        'Funeral Establishment' means every place or premise devoted to or used in the care and preparation for the funeral and final disposition of dead human bodies and maintained for the convenience of the public in connection with dead human bodies or as the place for carrying on the profession of funeral service.

(e)        'Funeral Directing' means engaging in the practice of funeral service except embalming as hereinafter defined.

(f)         'Funeral Director' means any person engaged in the practice of 'funeral directing' as defined above.

(g)        'Embalming' means the preservation and disinfection or attempted preservation and disinfection of the dead human bodies by application of chemicals externally or internally or both and the practice of restorative art including the restoration or attempted restoration of the appearance of the dead human body.

(h)        'Embalmer' means any person engaged in the practice of 'embalming' as defined above.

(i)         'Advertisement' means the publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated or placed before the public any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or over any radio or television station.

(j)         'Resident Trainee' means a person who is engaged in preparing to become licensed for the practice of funeral directing, embalming or funeral service under the personal supervision and instruction of a person duly licensed for the practice of funeral directing, embalming or funeral service in the State of North Carolina under the provisions of this Chapter, and who is duly registered as such with the board.

(k)        'Burial' includes interment in any form, cremation and the transportation of the dead human body as necessary therefor.

(l)         'Funeral Service Profession' means the aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as an organized, purposeful, time-limited, flexible, group-centered response to death.

"§ 90-206.  State institutions. — Nothing in this Article shall apply to or in any manner interfere with the duties of any officer of local or State institutions, nor shall be construed to apply to the burial of dead bodies of paupers or of inmates of State institutions when buried at the sole expense of the State.

"§ 90-207.  Required meetings — The board shall hold at least two meetings in each year at which examinations shall be given to qualified applicants for licenses. In addition, the board may meet as often as the proper and efficient discharge of its duties shall require. Four members shall constitute a quorum.

"§ 90-208.  Powers and duties of the board. — (a) The board is authorized to adopt and promulgate such rules and regulations for transaction of its business and for the carrying out and enforcement of the provisions of this Article as may be necessary and as are consistent with the laws of this State and of the United States.

(b)        The board shall elect from its members a president, a vice-president and a secretary, no two offices to be held by the same person. The president and vice- president and secretary shall serve for one year and until their successors shall be elected and qualify. The board shall have authority to engage adequate staff as deemed necessary to perform its duties.

(c)        The members of the board shall serve without compensation provided that such members shall be reimbursed for their necessary traveling expenses and the necessary expenses incident to their attendance upon the business of the board, and in addition thereto they shall receive per diem and expense reimbursement as provided in G.S. 93B-5 for every day actually spent by such member upon the business of the board. All expenses, salaries and per diem provided for in this Article shall be paid from fees received under the provisions of this Article and shall in no manner be an expense to the State.

(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 shall be subject to inspection by the board at all reasonable times 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 150, to subpoena witnesses and to administer oaths to or receive the affirmation of witnesses before the board.

(e)        The board is empowered to regulate and inspect, according to law, funeral service establishments, their operation and the licenses under which they are operated, and to enforce as provided by law the rules, regulations and requirements of the Division of Health Services and of the city, town or county wherein any such funeral service establishment is maintained and operated.

(f)         The board may establish, supervise, regulate and control programs for the resident trainee. It may approve schools of mortuary science or funeral service, graduation from which is required by this Article as a qualification for the granting of any license and may establish essential requirements and standards for such approval of mortuary science or funeral service schools.

(g)        Schools for teaching mortuary science which are approved by the board shall have extended to them the same privileges as to the use of bodies for dissecting while teaching as those granted in this State to medical colleges, but such bodies shall be obtained through the same agencies which provide bodies for medical colleges.

(h)        The board shall adopt a common seal.

(i)         The board may perform such other acts and exercise such other powers and duties as may be provided elsewhere in this Article or otherwise by law and as may be necessary to carry out the powers herein conferred.

"§ 90-209.  Inspector. — There may be appointed by the board one or more agents whose title shall be 'Inspector of the Board of Mortuary Science of the State of North Carolina', and no person shall be eligible for appointment to such office unless he shall, at said time, be licensed under this Article as a funeral service licensee in the State of North Carolina and unless prior to the time of such appointment he has had not less than five consecutive years' experience as such a licensee or as a licensed embalmer and funeral director. All inspectors shall hold office during the pleasure of the board which shall determine what their duties shall be, and such inspectors are authorized to enter the office, premises, establishment or place of business of any funeral service licensee, funeral director or embalmer in the State of North Carolina or any office, premises, establishment or place where the practice of funeral service is carried on, or where such practice is advertised as being carried on or where a funeral is being conducted, for the purpose of inspecting said office, premises, or establishment or for the purpose of inspecting the license or registration of any said licensee and resident trainee operating therein.

Inspectors are further authorized to serve any papers or subpoenas issued by the board or any officer or member thereof under authority of this Article, and also to perform any other duty or duties prescribed or ordered by the board.

"§ 90-210.  Licensing. — (a) Qualifications, examinations, resident traineeship and licensure.

(1)        To be licensed for the practice of funeral directing under this Article a person must be at least 18 years of age, a resident of this State and a citizen of the United States, of good moral character, and must have completed a minimum of 32 semester hours (or its equivalent) of academic instruction in a college or university accredited by the State of North Carolina or be a graduate of a mortuary science college approved by the State Board of Mortuary Science. An applicant must complete 12 months of resident traineeship as a funeral director before or after the college requirement as stated and pass the required examination provided for in this Article. Each such applicant for the license shall be examined orally or in writing on the following subjects:

a.         Basic health sciences including bacteriology, hygiene, and public health.

b.         Funeral service administration including accounting, funeral law, psychology, funeral principles, directing and management.

c.         Laws of North Carolina and rules and regulations of the Board of Mortuary Science and other agencies, dealing with the care, transportation and disposition of dead human bodies.

(2)        To be licensed for the practice of embalming under this Article a person must be at least 18 years of age, a resident of this State and a citizen of the United States, of good moral character and be a graduate of a mortuary science college approved by the State Board of Mortuary Science. An applicant must complete 12 months of resident traineeship as an embalmer before or after the college requirement as stated and pass the required examination provided for in this Article.

Each such applicant for the license shall be examined orally or in writing on the following subjects:

a.         Basic health sciences including anatomy, chemistry, bacteriology, pathology, hygiene and public health.

b.         Funeral service arts and sciences including embalming and restorative art.

c.         Laws of North Carolina and rules and regulations of the Board of Mortuary Science and other agencies, dealing with the care, transportation and disposition of dead human bodies.

(3)        To be licensed for the practice of funeral service under this Article a person must be at least 18 years of age, a resident of this State and a citizen of the United States, of good moral character and be a graduate of a mortuary science college approved by the State Board of Mortuary Science. An applicant must complete 12 months of resident traineeship as a funeral service licensee before or after the college requirement as stated and pass the required examination provided for in this Article.

Each such applicant for the license shall be examined orally or in writing on the following subjects:

a.         Basic health sciences including anatomy, chemistry, bacteriology, pathology, hygiene and public health.

b.         Funeral service arts and sciences including embalming and restorative art.

c.         Funeral service administration including accounting, funeral law, psychology, funeral principles, directing and management.

d.         Laws of North Carolina and rules and regulations of the Board of Mortuary Science and other agencies, dealing with the care, transportation and disposition of dead human bodies.

(4)        A person desiring to become a resident trainee shall make application on a form provided by the board. The application shall state that the applicant is not less than 18 years of age, of good moral character, and is the graduate of a high school or the equivalent thereof. The application must be sustained by oath of the applicant and be accompanied by a fee not to exceed thirty-five dollars ($35.00). When the board is satisfied as to the qualifications of an applicant it shall instruct the secretary to issue a certificate of resident traineeship. When a resident trainee desires to get in-service training to become a funeral director with a person licensed for the practice of funeral directing or when a resident trainee desires to become an embalmer and desires in-service training with a person licensed for the practice of embalming or when a resident trainee desires to become a funeral service licensee and desires in-service training with a funeral service licensee, a request shall be submitted to the board. If such permission is granted and at any time thereafter such resident trainee leaves the proctorship of the licensee whose service has been entered, it shall be the duty of such licensee to give such resident trainee an affidavit showing the length of time served with him, which affidavit shall be filed with the board and made a matter of record in that office, and if such resident trainee engages in practice in this State, a request for permission to do so shall be submitted to the board.

A certificate of resident traineeship issued as herein provided shall be signed by the resident trainee and shall be renewable one year after the date of original registration, provided, however, that such certificate may not be renewed more than two times, unless the resident trainee is still eligible for the license examination. The board shall mail to each registered trainee at his last known address a notice that the renewal fee is due and that, if not paid within 30 days of the notice, the certificate shall be cancelled; provided further, that there shall be a penalty for the lapse in renewal of five dollars ($5.00), in addition to the renewal itself; provided, that the registration of any resident trainee who is actually engaged in the active military service of the United States may, at the discretion of the board, be held in abeyance for the duration of such service without penalties.

All resident trainees registered as provided herein shall be required to report to the board at least every three months upon forms provided by the board showing the work which has been completed during the preceding three months of resident traineeship. The data contained in said report shall be certified as correct by the licensee under whom he has served during such period and by the person licensed who is managing the funeral service establishment. The term of traineeship shall be considered as a primary vocation and may not be served during the time the resident trainee is enrolled at a college for the purpose of qualifying for a license under the provisions of this Article.

Before such resident trainee shall be eligible to receive a license for practice, evidence required by this Article shall be presented along with an affidavit from the licensee or affidavits from the licensees under whom the trainee worked showing that the trainee has assisted in the conducting of at least 25 funerals during resident traineeship, if the application is for a funeral director's license, or that the trainee has assisted in the embalming of at least 25 bodies during resident traineeship, if the application is for an embalmer's license, or both such requirements if the application is for a license as a funeral service licensee. In all applications of resident trainees for licenses for practice under this Article, the eligibility of the applicant shall be determined by the records filed with the board. No credit shall be allowed for such one-year period of resident traineeship that shall have been completed more than three years preceding any examination for such license; provided, however, that the board may waive the limitations of time prescribed in this section for any person during the period of his service in the armed service of the United States where application for such waiver is made in writing within six months of severance therefrom, and in any case in which the board by majority vote of its members present shall determine in its discretion that the enforcement thereof will create an unreasonable hardship.

The board shall have power to suspend or revoke a certificate of resident traineeship for violation of any provision of this Article.

At the same time not more than one resident trainee shall be permitted to register under any one person licensed under this Article. Each sponsor for a registered resident trainee must be actively employed with a funeral establishment as defined in this Article.

(5)        The board by regulation may recognize other examinations that the board deems equivalent to its own.

All licenses shall be signed by the president and secretary of the board and the seal of the board affixed thereto. All licenses shall be issued, renewed or duplicated for a period not exceeding one year at fees to be determined by the board not to exceed thirty-five dollars($35.00), and all licenses, renewals or duplicates thereof shall expire and terminate the thirty-first day of December following the date of their issue unless sooner revoked and cancelled; provided, that the date of expiration may be changed by unanimous consent of the board and upon 90 days' written notice of such change to all persons licensed for the practice of funeral directing, embalming and funeral service in this State.

The holder of any license issued by the board who shall fail to renew same on or before January 31 of the calendar year for which such license is to be renewed shall be deemed to have forfeited and surrendered such license as of such date. No license so forfeited and surrendered shall be reinstated by the board except upon application in writing within five years following such forfeiture and upon payment of all delinquent annual renewal fees plus a reinstatement fee of ten dollars ($10.00); provided, however, that the board may waive the provisions of this section for the holder of any license during the period of service in the armed services of the United States upon application within six months of severance therefrom, and provided further, that the board may in its discretion upon application of the holder of any license grant the temporary suspension of such license for any period not exceeding five years during which the holder does not engage in the practice of funeral service and reinstate the same without the delinquent annual fees and penalties herein provided whenever such practice is resumed within such period of five years. All licensees now or hereafter licensed in the State of North Carolina are and shall be required to take courses of study in subjects relating to the practice of the profession of embalming and funeral directing to the end that the utilization and application of new techniques, scientific and clinical advances, and the achievements of research will assure expansive and comprehensive care to the public. The length of study shall be 15 hours in a continuing period of three years. Attendance for certification must be at a course or courses approved by the board prior to enrollment. Attendance at any course or courses of study is to be certified to the board upon a form provided by the board. The board shall be allowed to waive this requirement for renewal in cases of certified illness or undue hardship and this requirement shall be waived for all licensed persons who have been licensed for a continuous period of twenty- five (25) years.

Any person who having been previously licensed by the board as a funeral director or embalmer prior to July 1, 1975, shall not be required to satisfy the requirements herein for licensure as a funeral service licensee, but shall be entitled to have such license renewed upon making proper application therefor and upon payment of the renewal fee provided by the provisions of this Article. Persons previously licensed by the board as a funeral director may engage in funeral directing, and persons previously licensed by the board as an embalmer may engage in embalming. Any person having been previously licensed by the board as both a funeral director and an embalmer may upon application therefor receive a license as a funeral service licensee.

(b)        Reciprocity. The board, under such rules and regulations as it may prescribe, may grant (1) reciprocal licenses to funeral directors and embalmers licensed in other states, territories, the District of Columbia, and foreign countries; and (2) special permits, permitting nonresident funeral directors and embalmers to remove a body from and to arrange a funeral or embalm a body in this State, but such privileges shall not include the right to establish a place of business in, nor engage generally in the business of funeral directing and embalming in this State. The board shall fix fees to be paid for such reciprocal licenses and courtesy card privileges.

(c)        Registration, filing and transportation. The holder of any license granted by this State for those within the funeral service profession or renewal thereof provided for in this Article shall cause registration to be filed in the office of the board of health of the county or city in which he practices his profession, or if there be no board of health in such county or city, at the office of the clerk of the superior court of such county. All such licenses, certificates, duplicates and renewals thereof shall be displayed in a conspicuous place in the funeral establishment where the holder renders service. It shall be unlawful for any railway agent, express agency, baggage master, conductor or other person acting as such, to receive the dead body of any person for shipment or transportation by railway or other public conveyance, to a point outside of this State, unless said body be accompanied by a removal or shipping permit.

(d)        Establishment permit. No person, firm or corporation shall conduct, maintain, manage or operate a funeral establishment unless a permit for each such establishment has been issued by the board and is conspicuously displayed in such funeral establishment.

No permit to operate a funeral establishment shall be issued by the board unless each such funeral establishment has in charge a person licensed for the practice of funeral directing or funeral service.

Applications for such funeral establishment permits shall be made on blanks furnished by the board and filed by the owner, a partner or by the registered agent of the corporation with the board on or before January 1 of each year and shall be accompanied by a fee of thirty-five dollars ($35.00). All such permits shall expire on December 31 of each year.

Violation of any provision of this Article or any rules or regulations of the board committed by any owner, partner, officer, agent or employee of a funeral establishment with the consent of any person, firm or corporation operating such funeral establishment shall be considered sufficient cause for suspension or revocation of such funeral establishment permit.

When more than one person proposes to engage in the operation of a funeral establishment as a partnership or as a corporation, it shall be necessary for one such partner or corporate officer to secure a license for the practice of funeral directing or funeral service and be registered by the board as the manager of such funeral establishment. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee, unless so licensed.

(e)        Violations. Whenever the board shall have reason to believe that any person to whom a license has been issued by the board has become unfit to practice within the funeral service profession, or has violated any of the provisions of this Article, or any rule or regulation of the board, or whenever written complaint charging the holder of such a license with such violation is filed with the board, any actions taken shall be governed by the provisions of Chapter 150.

The board may refuse to issue or may refuse to renew or may suspend or may revoke any license, or may place the holder thereof on a term of probation after proper hearing upon finding the holder of such license to be guilty of any of the following acts or omissions:

(1)        Conviction of a felony or a crime involving moral turpitude.

(2)        Unprofessional conduct which is hereby defined to include:

a.         Misrepresentation or fraud in the conduct of the funeral service profession, or in obtaining or renewing a license;

b.         False or misleading advertising as the holder of a license for practice of funeral service;

c.         Solicitation of dead human bodies by the licensee, his agents, assistants, or employees, provided that this subsection shall not be deemed to prohibit general advertising by the licensee;

d.         Employment by the licensee of persons known as 'cappers', or 'steerers' or 'solicitors', or other such persons for the purpose of obtaining the services of the licensee;

e.         Employment directly or indirectly of any apprentice, agent, assistant or other persons, on a part- or full-time basis, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular licensee;

f.          The direct or indirect giving of certificates of credit or the payment or offer of payment of a commission by the licensee, his agents, assistants or employees for the purpose of securing business;

g.         Gross immorality, including being under the influence of alcohol or drugs while practicing funeral services;

h.         Aiding or abetting an unlicensed person to perform services under this act, including the use of the picture or name in connection with advertisements or other written material published or caused to be published by the licensee;

i.          Using profane, indecent or obscene language in the presence of a dead human body, and within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed of;

j.          Violating or cooperating with others to violate any of the provisions of this Article or of the rules and regulations of the board;

k.         Violation of any State law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;

1.         Refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody thereof;

m.        Knowingly making any false statement on a certificate of death.

No person licensed under this Article shall remove or cause to be embalmed a dead human body when he has information indicating crime or violence of any sort in connection with the cause of death nor shall a dead human body be cremated, until permission of the State or county medical examiner has first been obtained. However, nothing in this act shall be construed to alter the duties and authority now vested in the office of the coroner.

No funeral service establishment shall accept a dead human body from any public officer (excluding the State or county medical examiner or his agent), or employee or from the official of any institution, hospital or nursing home, or from a physician or any person having a professional relationship with a decedent, without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral expenses of such decedent. If any such kin be found, his or her authority and directions shall govern the disposal of the remains of such decedent. Any funeral service establishment receiving such remains in violation hereof shall make no charge for any service in connection with such remains prior to delivery of same as stipulated by such kin; provided, however, this section shall not prevent any funeral service establishment from charging and being reimbursed for services rendered in connection with the removal of the remains of any deceased person in case of accidental or violent death, and rendering necessary professional services required until the next of kin or the persons chargeable with the expenses have been notified.

When and where a licensee presents a selection of funeral merchandise to the public to be used in connection with the service to be provided by the licensee or an establishment as licensed under this Article, a card or brochure shall be directly associated with each item of merchandise setting forth the price of the service using said merchandise and listing the services and other merchandise included in the price, if any. When there are separate prices for the merchandise and services, such cards or brochures shall indicate the price of the merchandise and of the items separately priced.

At the time funeral arrangements are made and prior to the time of rendering the service and providing the merchandise, a funeral director or funeral service licensee shall give or cause to be given to the person or persons making such arrangements a written statement duly signed by a licensee of said funeral establishment showing the price of the service as selected and what services are included therein, the price of each of the supplemental items of services or merchandise requested, and the amounts involved for each of the items for which the funeral establishment will advance monies as an accommodation to the person making arrangements, insofar as any of the above items can be specified at that time.

(f)         Unlawful Practices. If any person shall practice or hold himself out as practicing the profession or art of embalming, funeral directing or practice of funeral service without having complied with the licensing provisions of this Article, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six months, or both, in the discretion of the court."

Sec. 2.  This act shall become effective October 1, 1975.

In the General Assembly read three times and ratified, this the 12th day of June, 1975.