GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-207
HOUSE BILL 554
AN ACT to modify funeral service and crematory licenses and practices.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 90‑210.25(a) reads as rewritten:
"(a) Qualifications, Examinations, Resident Traineeship and Licensure. –
(1) To be licensed for the practice of funeral directing under this Article, an applicant for licensure bears the burden of substantiating to the satisfaction of the Board that the applicant:
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c. Possesses a degree in
mortuary science or has graduated from a Funeral Director Program, or the
equivalent, from a program approved by the Board and or accredited
by the American Board of Funeral Service Education.
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e. Within the last three years, has obtained passing scores on all of the following examinations:
1. Entry‑level
examination in funeral directing administered by The International
Conference of Funeral Service Examining Boards.directing.
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(3) To be licensed for the practice of funeral service under this Article, an applicant for licensure bears the burden of substantiating to the satisfaction of the Board that the applicant:
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e. Within the last three years, has passed an oral or written funeral service examination on the following subjects:
1. Entry‑level
examination in funeral directing administered by The International
Conference of Funeral Service Examining Boards.directing.
2. Embalming, restorative arts, chemistry, pathology, microbiology, and anatomy.
3. Repealed by Session Laws 1997‑399, s. 7.
4. Examination of the laws of North Carolina, the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), pursuant to its most recent version, and rules of the Board and other agencies dealing with the care, transportation and disposition of dead human bodies.
A funeral service examination taken and passed on or before October 1, 2018, for the purposes of attaining licensure under this section shall be considered valid for a five‑year period following the date on which the applicant passed the examination.
f. Has paid all applicable fees.
(3a) To be licensed provisionally for the practice of funeral directing under this Article, an applicant bears the burden of substantiating to the satisfaction of the Board that the applicant:
a. Has completed a Board‑approved application for a provisional license and paid an application fee of five hundred dollars ($500.00).
b. Is at least 18 years of age.
c. Is of good moral character.
d. Possesses an undergraduate degree in any field, an Associate of Applied Science degree in any field, or a diploma in funeral directing from a Board‑approved curriculum at an accredited college of mortuary science.
e. Has a certified resident traineeship, is eligible for certification as a resident trainee, or has at least five years of professional experience under the supervision of a licensed funeral director.
A provisional license issued pursuant to this subsection shall expire on December 31 of each year and shall not be renewed more than two times. The annual renewal fee for a provisional license issued pursuant to this subsection is two hundred fifty dollars ($250.00). A provisional licensee shall complete a minimum of five hours of continuing education each year, which may include up to two hours of online instruction.
If, within three years of first obtaining a provisional license, the provisional licensee substantiates to the satisfaction of the Board that the provisional licensee has obtained passing scores on an examination of the laws of North Carolina, the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), pursuant to its most recent version, and rules of the Board and other agencies dealing with the care, transportation, and disposition of dead human bodies, and a Board‑approved entry‑level examination in funeral directing, the Board may issue the provisional licensee a funeral director license subject to the same annual renewal requirements as for licensees in funeral directing.
(4) a. A person desiring to become a resident trainee shall apply to the Board 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, and shall indicate the licensee under whom the applicant expects to train. A person training to become an embalmer may serve under the supervision of either a licensed embalmer or a funeral service licensee who is in good standing with the Board and who has practiced funeral service or embalming full time for a minimum of five years. A person training to become a funeral director may serve under the supervision of either a licensed funeral director or a funeral service licensee who is in good standing with the Board and who has practiced funeral service or funeral directing full time for a minimum of five years. A person training to become a funeral service licensee shall serve under the supervision of a funeral service licensee who is in good standing with the Board and who has practiced funeral service full time for a minimum of five years. The application must be sustained by oath of the applicant and be accompanied by the appropriate fee. When the Board is satisfied as to the qualifications of an applicant it shall instruct the secretary to issue a certificate of resident traineeship.
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m. A 12‑month resident traineeship that is completed on or before October 1, 2018, shall be recognized as a qualifying traineeship for licensure under this section for the five‑year period following the completion date of the traineeship.
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SECTION 1.(a1) G.S. 90-210.27A(e) reads as rewritten:
"(e) If a funeral establishment is solely owned by a natural person, that person must be licensed by the Board as a funeral director or a funeral service licensee. If it is owned by a partnership, at least one partner must be licensed by the Board as a funeral director or a funeral service licensee. If it is owned by a corporation, the president, vice‑president, or the chairman of the board of directors must be licensed by the Board as a funeral director or a funeral service licensee. If it is owned by a limited liability company, at least one member must be licensed by the Board as a funeral director or a funeral service licensee. The licensee required by this subsection must be actively engaged in the operation of the funeral establishment. A provisional license to practice funeral directing pursuant to G.S. 90-210.25(a)(3a) shall be subject to the same supervision requirements as a resident trainee pursuant to G.S. 90-210.25(a)(4); provided, however, that a provisional funeral director's license shall not qualify as a funeral director's license for the purposes of this subsection, subsections (a2) and (d) of G.S. 90-210.25, or Article 13D of this Chapter."
SECTION 1.(b) G.S. 90‑210.63 is amended by adding a new subsection to read:
"(c) Any licensee holding a permit under Articles 13A or 13F of this Chapter that accepts the transfer of a preneed funeral contract after the death of the preneed contract beneficiary shall file the certificate of performance with the Board and mail a copy to the contracting preneed licensee. If the preneed funeral contract is performed by a funeral establishment in another state, the original contracting preneed licensee shall make reasonable efforts to obtain the information needed to accurately complete the certificate of performance and shall file the certificate no later than the time allowed under G.S. 90‑210.64."
SECTION 1.(c) G.S. 90‑210.123 is amended by adding a new subsection to read:
"(d1) Crematory licensees that offer at‑need cremation goods and services to the public shall comply with the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), as amended."
SECTION 1.(d) G.S. 90‑210.123(i) reads as rewritten:
"(i) The Board may hold hearings in accordance with the provisions of this Article and Article 3A of Chapter 150B of the General Statutes. The Board is empowered to regulate and inspect crematories and crematory licensees and to enforce as provided by law the provisions of this Article and the rules adopted hereunder. Any crematory that, upon inspection, is found not to meet any of the requirements of this Article shall pay a reinspection fee to the Board for each additional inspection that is made to ascertain whether the deficiency or other violation has been corrected. The Board may obtain preliminary and final injunctions whenever a violation of this Article has occurred or threatens to occur. The Board may enforce compliance with the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453 (1984), as amended, and in accordance with subsection (d1) of this section.
In addition to the powers enumerated in Chapter 150B of the General Statutes, the Board shall have the power to administer oaths and issue subpoenas requiring the attendance of persons and the production of papers and records before the Board in any hearing, investigation, or proceeding conducted by it. Members of the Board's staff or the sheriff or other appropriate official of any county of this State shall serve all notices, subpoenas, and other papers given to them by the President of the Board for service in the same manner as process issued by any court of record. Any person who neglects or refuses to obey a subpoena issued by the Board shall be guilty of a Class 1 misdemeanor."
SECTION 1.(e) G.S. 90‑210.129(c1) reads as rewritten:
"(c1) For any death
occurring outside North Carolina, a crematory licensee shall not cremate a dead
human body without first obtaining a copy of [the] the burial‑transit
or disposal permit issued by the jurisdiction where the under
the law of the state, province, or foreign government in which death occurred
and one of the following documents:or disinterment occurred.
(1) A death certificate from the other jurisdiction
that meets the same content and signature requirements of subsection (a) of
this section.
(2) Any document or certificate required to
authorize cremation in the jurisdiction where the death occurred that is signed
by a physician, medical examiner, or other authorized person and that contains
all information required by subdivisions (1) through (9) of subsection (a) of
this section.
The provisions of this subsection
shall not be construed to waive the jurisdiction of the medical examiner.examiner
or subsection (b) of this section."
SECTION 1.(f) G.S. 90‑210.129(d) reads as rewritten:
"(d) No body shall
knowingly be cremated with a pacemaker or defibrillator not approved for
cremation by the pacemaker's manufacturer or proper regulating agency or other
potentially hazardous implant or condition in place. The authorizing agent for
the cremation of the human remains shall be responsible for taking all
necessary steps to ensure that any pacemaker or defibrillator not approved for
cremation by the pacemaker's manufacturer or proper regulating agency or other
potentially hazardous implant or condition is removed or corrected prior to
cremation. If an authorizing agent informs the funeral director and director,
funeral service licensee, or the crematory licensee licensee,
whichever is applicable, on the cremation authorization form of the
presence of a pacemaker or defibrillator or other potentially hazardous implant
or condition in the human remains, then the funeral director director,
funeral service licensee, or the crematory licensee, whichever is applicable or
responsible for obtaining the information required to complete the decedent's
death certificate, shall also be responsible for ensuring that all
necessary steps have been taken to remove the pacemaker or defibrillator or
other potentially hazardous implant or to correct the hazardous condition
before delivering the human remains to the crematory. Anyone removing a
hazardous implanted device or material under this subsection shall comply with
the laws and rules governing the handling of such material and with any other
regulations enforced by the proper regulating authority."
SECTION 1.(g) G.S. 90‑210.136(g) reads as rewritten:
"(g) Unless specified
otherwise by the manufacturer of the equipment used for hydrolysis, human
remains may be hydrolyzed without first removing a pacemaker or other
material or implant that would be potentially hazardous if cremated.defibrillator.
Any other potentially hazardous implanted device or material shall be handled
in accordance with G.S. 90‑210.129(d)."
SECTION 2. G.S. 130A‑113 is amended by adding a new subsection to read:
"(b1) For any death occurring outside North Carolina, a crematory licensee shall not cremate a dead human body without obtaining a copy of the burial‑transit or disposal permit issued under the law of the state, province, or foreign government in which death or disinterment occurred before cremation. Nothing in this subsection shall be construed to waive the provisions of G.S. 130A‑388."
SECTION 3. G.S. 130A‑115 reads as rewritten:
"§ 130A‑115. Death registration.
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(c1) A physician, physician assistant, or nurse practitioner completing and signing a medical certification in accordance with subsection (c) of this section shall not be liable in civil damages for any acts or omissions relating to the medical certification so long as the cause of death is determined in good faith using the individual's best clinical judgment and consistent with current guidance provided by the applicable licensing board, unless the acts or omissions amount to wanton conduct or intentional wrongdoing. This immunity is in addition to any other legal immunity from liability to which these individuals may be entitled.
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SECTION 4. Sections 1(b)‑1(g), Section 2, and Section 3 of this act become effective July 31, 2019, and apply to cremations on or after that date. The remainder of this act is effective when it becomes law, and Section 1(a) applies to licenses granted on or after that date.
In the General Assembly read three times and ratified this the 21st day of August, 2019.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 1:01 p.m. this 30th day of August, 2019