AN ACT TO MODIFY FUNERAL SERVICE AND CREMATORY LICENSES AND PRACTICES. SL 2019-207. Enacted August 30, 2019. Sections 1(b)-1(g), Section 2, and Section 3 are effective July 31, 2019. The remainder is effective August 30, 2019.
Bill Summaries: H554 (2019-2020 Session)
Summary date: Sep 3 2019 - View summary
Summary date: Jul 23 2019 - View summary
Senate amendment adds the following to the 6th edition.
Amends GS 90-210.27A(e) to establish that a provisional license to practice funeral directing pursuant to new GS 90-210.25(a)(3a) is subject to the same supervision requirements as a resident trainee pursuant to GS 90-210.25(a)(4), as amended. Further provides that a provisional license does not qualify as a funeral director's license for purposes of funeral establishment ownership under GS 90-210.27A(e), practicing funeral directing or funeral service under GS 90-210.25(a2), managing or operating a funeral establishment under GS 90-210.25(d), or handling preneed funeral contracts and funds under Article 13D of the Chapter.
Summary date: Jul 8 2019 - View summary
Senate committee substitute to the 5th edition makes the following changes.
Provides that Section 1(a) of the act, which amends GS 90-210.25, is effective when the act becomes law and applies to licenses granted on or after that date. Provides that the remainder of the act, Sections 1(b) through 1(g), 2, and 3 are effective July 31, 2019, rather than June 30, 2019, and apply to cremations on or after that date.
Summary date: Jun 27 2019 - View summary
Senate committee substitute to the 4th edition makes the following changes.
Amends GS 90-210.25 by adding that to be licensed provisionally for the practice of funeral directing, an applicant has the burden of substantiating that the applicant (1) has completed a Board-approved application for a provisional license and paid the $500 application fee; (2) is at least 18; (3) is of good moral character; (4) possesses an an undergraduate degree or 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; and (5) 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. Sets a provisional license to expire on December 31 of each year and prohibits it from being renewed more than two times. Sets the renewal fee at $250. Requires a provisional licensee to complete at least five hours of continuing education each year. Allows the Board to issue a provisional licensee a funeral director license if within three years of first obtaining a provisional license, the licensee substantiates to the Board's satisfaction that the licensee has obtained passing scores on the specified exams.
Summary date: Apr 25 2019 - View summary
House amendment #1 to the 3rd edition changes the effective date of the act as follows. Provides that Section 1(a) of the act, which amends GS 90-210.25, is effective when the act becomes law and applies to licenses granted on or after that date. Provides that the remainder of the act, Sections 1(b) through 1(g), 2 and 3, are effective June 30, 2019, and apply to cremations on or after that date (previously, provided for an effective date of October 1, 2019, for the entire act).
Summary date: Apr 18 2019 - View summary
House committee substitute to the 2nd edition makes the following changes.
Amends GS 130A-115 to grant civil immunity for a physician, physician assistant, or nurse practitioner completing or signing a medical certification for a cause of death so long as the cause of death is determined in good faith using the individual's best clinical judgement and consistent with current guidance provided by the applicable licensing board. Specifies this immunity is in addition to any other immunity from liability to which the individual is entitled.
Deletes proposed GS 130A-385(b1) which required the medical examiner to sign the death certificate within five days of receiving paperwork from a funeral home if a physician, nurse practitioner, or physician assistant had not signed the death certificate.
Summary date: Apr 16 2019 - View summary
House committee substitute to the 1st edition makes the following changes.
Modifies proposed GS 130A-385(b1) to require the medical examiner to sign the death certificate within five days of receiving paperwork from a funeral home if a physician, nurse practitioner, or physician assistant (previously, physician only) has not signed the death certificate. Permits the medical examiner to list the cause of death as undetermined if the decedent had not seen a physician, nurse practitioner, or physician assistant (previously, physician only) within three month preceding death.
Summary date: Apr 3 2019 - View summary
Amends GS 90-210.25, regarding funeral service licensing. Amends the requirements to be licensed for the practice of funeral directing to require possession of a degree in mortuary science or graduation from a Funeral Director Program, or the equivalent, from a program approved by the NC Funeral Service Board (Board) or (was, and) accredited by the American Board of Funeral Services Education, and to require a passing score on the entry-level examination in funeral directing within the last three years (previously specified administration of the exam by the International Conference of Funeral Service Examining Boards). Makes a similar change to the requirements to be licensed for the practice of funeral service to require a passing score on the subject of entry-level examination in funeral directing within the last three years (previously specified administration of the exam by the International Conference of Funeral Service Examining Boards). Adds that a funeral service exam taken or passed on or before October 1, 2018, for the purposes of attaining licensure under the statute, is valid for a five-year period following the date on which the applicant passed the examination. Amends the specifications concerning resident trainees to provide that a 12-month resident traineeship that is completed on or before October 1, 2018, is recognized as a qualifying traineeship for licensure under the statute for a five-year period following the completion date of the traineeship.
Amends GS 90-210.63, regarding substitution of a preneed licensee in a preneed funeral contract. Adds a new requirement for any licensee holding a permit under Article 13A (Practice of Funeral Service) or Article 13F (Cremations) that accepts the transfer of a preneed funeral contract after the death of the preneed contract beneficiary, to require the licensee to file the certificate of performance with the Board and mail a copy to the contracting preneed licensee. If performed in another state, requires the original contracting preneed licensee to make reasonable efforts to obtain the information needed to accurately complete the certificate of performance and file the certificate pursuant to the time allowed under GS 90-210.64 (within 30 days).
Amends GS 90-210.23 to require crematory licensees that offer at-need cremation goods and services to the public to comply with the standards of the federal Funeral Industry Practices Act, as identified and amended. Amends GS 90-210.123 to authorize the Board to enforce compliance with the standards of the Funeral Industry Practices Act.
Amends GS 90-210.129, regarding cremation procedures. Modifies subsection (c1) to now prohibits a crematory licensee from cremating a dead human body of which the death occurred outside the State without first 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 (previously required the burial-transit permit to be issued by the jurisdiction where the death occurred and also required another document meeting specified requirements; also did not include the option to cremate upon obtaining a disposal permit issued under the law of the government in which disinterment occurred). Specifies that subsection (c1) does not waive the requirements of subsection (b), which requires receipt of a cremation authorization form signed by the medical examiner prior to cremation if so required under GS 130A-388 or rules adopted thereunder.
Amends GS 210-129(d), to specify that the funeral director, funeral service licensee, or the crematory licensee (previously funeral service licensee not included) informed by an authorizing agent on the cremation authorization form of the presence of a pacemaker, defibrillator, or other potentially hazardous implant or condition in the human remains is responsible for ensuring that all necessary steps have been taken to remove the implant or correct the hazardous condition before delivering the human remains to the crematory. Clarifies that the responsibility lies with the licensee applicable or responsible for obtaining the information required to complete the decedent's death certificate. Requires anyone removing a hazardous implanted device or material to comply with the laws and rules governing the handling of such material and with any other regulations enforced by the proper regulating authority.
Amends GS 90-210.136(g), concerning hydrolyzing human remains, to require potentially hazardous implanted devices or materials in human remains other than a pacemaker or defibrillator to be handled in accordance with GS 90-210.129(d), as amended.
Makes conforming and clarifying additions to GS 130A-113 (Permits for burial-transit, authorization for cremation and disinterment-reinterment).
Amends GS 130A-385 to require the medical examiner to sign the death certificate within five days of receiving paperwork from a funeral home if a physician has not signed the death certificate. Permits the medical examiner to list the cause of death as undetermined if the decedent had not seen a physician within three month preceding death. Permits such a certificate listing the cause of death as undetermined to be used for the purpose of cremation.
Applies to cremations and licenses granted on or after October 1, 2019.