SB 24-173

Abstract

The act 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) is required to promulgate rules for such licensing. 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 accredited mortuary science school, have successfully passed the arts section of a national board examination, and have received workplace learning experience of one year or longer; For a mortuary science practitioner, the applicant must have graduated from an accredited mortuary science school, have successfully passed both the arts and science sections of a national board examination, and have received workplace learning experience of one year or longer; For an embalmer, the applicant must have graduated from an accredited mortuary science school, have successfully passed the science section of a national board examination, and have received workplace learning experience 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, the National Funeral Directors Association, or a successor organization. An applicant may file for a waiver of the educational requirements and obtain full licensure upon completion of an examination. A current practitioner may apply for a provisional license if the practitioner does not meet the new requirements. To obtain a provisional license, an applicant must have obtained at least 4,000 hours of work experience, have received workplace learning experience of one year or longer, and pass a fingerprint-based criminal history record check. An individual who holds a provisional license without being subject to discipline may obtain full licensure by satisfying certain criteria. A provisional license expires after 3 years unless the director approves a reinstatement or extension of the provisional license. The act establishes administrative procedures for renewing a license. To renew a license, a license holder must obtain 6 hours of continuing education including: One hour covering the applicable law; One hour covering applicable ethics; and One hour covering public health requirements. The act updates existing law concerning title protection to require a person to hold the appropriate license in order to use the title "funeral director", "mortuary science practitioner", "embalmer", "cremationist", or "natural reductionist". The act establishes grounds for disciplining an applicant or license holder and authorizes the director to take disciplinary actions against an applicant or a license holder. The director may also seek an injunction to enforce the act. 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 act. The director may bring an action for the enforcement of an order of the director. The act repeals the regulation of the practice of mortuary science professionals, effective September 1, 2031. Before the repeal, the regulation will undergo a sunset review and report. The act appropriates $121,166 to the department of regulatory agencies from the division of professions and occupations cash fund to implement the act. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)