Bill Text: AZ SB1342 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Apprentice embalmers; removal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-06-20 - Governor Signed [SB1342 Detail]
Download: Arizona-2013-SB1342-Chaptered.html
|
House Engrossed Senate Bill |
|
State of Arizona Senate Fifty-first Legislature First Regular Session 2013
|
|
CHAPTER 249
|
|
SENATE BILL 1342 |
|
|
AN ACT
amending sections 32-1301 and 32-1309, Arizona Revised Statutes; repealing section 32-1324, Arizona Revised Statutes; amending title 32, chapter 12, article 2, Arizona Revised Statutes, by adding section 32-1324.01; amending sections 32‑1325.01, 32‑1330, 32-1331, 32-1333 and 32-1361, Arizona Revised Statutes; relating to funeral directors and embalmers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1301, Arizona Revised Statutes, is amended to read:
32-1301. Definitions
In this chapter, unless the context otherwise requires:
1. "Accredited" means recognized or authorized by the American board of funeral service education.
2. "Administrative costs and expenses" means the cost of copies, transcripts, court reporter and witness fees, reimbursement for mileage and office of administrative hearings costs.
3. "Alternative container" means any unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains.
4. "Apprentice embalmer" means a person who is registered pursuant to this chapter and who is engaged in embalming under the supervision of a licensed embalmer.
5. 4. "Authorizing agent" means a person who is legally entitled to order the cremation, disinterment or embalming of human remains pursuant to section 32‑1365.02.
6. 5. "Beneficiary" means a person whose future funeral arrangements will be handled by a funeral establishment pursuant to a prearranged funeral agreement.
7. 6. "Board" means the state board of funeral directors and embalmers.
8. 7. "Business entity" includes any corporation, association, limited liability company, professional corporation, partnership, limited partnership, sole proprietorship, business trust, trust, joint venture and other business entity.
9. 8. "Casket" means a rigid container that is designed for the permanent encasement of human remains and that is usually constructed of wood, metal or synthetic substances and ornamented and lined with fabric.
10. 9. "Change of ownership" means a transfer of a controlling legal or equitable interest in a licensed funeral establishment or crematory resulting from a sale or merger. If the establishment or crematory is operated by a business entity, any transfer of the ownership of ten per cent or more of the entity constitutes a change of ownership.
11. 10. "Conviction" means a criminal adjudication or conviction by any state or federal court of competent jurisdiction, including a judgment based on a no contest plea, without regard to whether civil rights have been restored.
12. 11. "Cremated remains" means the remaining bone fragments after cremation.
13. 12. "Cremation" means the heating process that reduces human remains to bone fragments by combustion and evaporation.
14. 13. "Cremation container" means a leak and spill resistant, rigid, combustible, closed receptacle into which human remains are placed before cremation.
15. 14. "Cremationist" means a person who operates a crematory retort, who performs the actual cremation of human remains and who is licensed pursuant to article 6 of this chapter.
16. 15. "Crematory" means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated.
17. 16. "Disciplinary action" means action taken by the board to revoke or suspend a license or registration, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules adopted by the board.
18. 17. "Embalmer" means a person who is licensed pursuant to this chapter and who is engaged in embalming.
19. 18. "Embalmer's assistant" means a person who is registered pursuant to this chapter and who is engaged in embalming without the supervision of a licensed embalmer.
20. 19. "Embalming" means the implementation of reconstructive procedures and the process of disinfecting and preserving a dead human body to retard organic decomposition by treating the body to reduce the presence and growth of organisms.
21. 20. "Financial institution" means a bank, savings and loan association, trust company or credit union that is lawfully doing business in this state and that is not affiliated with a funeral establishment.
22. 21. "Fixed price prearranged funeral agreement funded by trust" means any agreement or combination of agreements that establishes a fixed price for funeral goods and services, that requires a funeral establishment to provide those funeral goods and services at the price levels in effect at the time of the execution of the agreement and that requires the purchaser to convey all or a portion of the accrued interest to the funeral establishment at the time that the funeral goods and services are actually provided.
23. 22. "Funded by insurance" means that monies for a prearranged funeral agreement are paid directly to an insurance company licensed pursuant to title 20 on behalf of the beneficiary of the agreement.
24. 23. "Funeral directing" means arranging, directing or providing a service in the disposition of dead human bodies for compensation.
25. 24. "Funeral director" means a person who is licensed pursuant to this chapter and who is engaged in funeral directing.
26. 25. "Funeral establishment" means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies.
27. 26. "Funeral goods and services" means any personal property or services typically sold or provided in connection with the final disposition of human remains, including caskets, alternative containers, outer burial containers, cremation containers, transportation containers, funeral clothing or accessories, monuments, grave markers, urns, embalming services, funeral directing services and similar funeral or burial items. Funeral goods and services does do not include goods and services sold by cemeteries.
28. 27. "Good moral character" means that a person:
(a) Has not been convicted of a class 1 or 2 felony by a court of competent jurisdiction.
(b) Has not, within five years of application for licensure or registration, been convicted of a felony or misdemeanor if the offense has a reasonable relationship to the person's proposed area of licensure or registration.
(c) Has not, within five years of application for licensure or registration, committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to the person's proposed area of licensure or registration.
(d) Is not currently incarcerated in or on community supervision after a period of imprisonment in a local, state or federal penal institution or on criminal probation.
(e) Has not engaged in fraud or misrepresentation in connection with an application for licensure or registration under this chapter or an examination required for licensure or registration.
(f) Has not, within five years of application for licensure or registration, had a license, registration or endorsement revoked or suspended by the board or by the funeral services licensing authority of any other jurisdiction.
(g) Has not surrendered a license, registration or endorsement to the board or the funeral licensing authority of any other jurisdiction in lieu of disciplinary action.
(h) Has not practiced funeral directing or embalming without a license in this state or any other jurisdiction that requires licensure to perform these activities.
29. 28. "Holding facility" means a designated area for the retention of human remains.
30. 29. "Human remains" means a lifeless human body or parts of a human body that permit a reasonable inference that death occurred.
31. 30. "Intern" means a person who is licensed pursuant to this chapter and who is engaged in embalming under the supervision of a licensed embalmer.
31. "Intern trainee" means a person who intends to enter training as an intern and who is temporarily employed by a funeral establishment.
32. "License" means a written authorization that is issued by the board and that entitles a person to act as a funeral director, embalmer or intern or to operate a funeral establishment or crematory in this state.
33. "Licensee" means a person to whom the board has issued a license to act as a funeral director, embalmer or intern or to operate a funeral establishment or crematory in this state.
34. "Manage" means:
(a) For a responsible funeral director to exercise control and oversight over all employees of a funeral establishment and over funeral transactions, including the care of dead human bodies, funeral services and activities and the documentation and retention of records.
(b) For a responsible cremationist to exercise control and oversight over all employees of a crematory and crematory operations.
35. "National board examination" means the test or tests given by the conference of funeral service examining boards to determine the entry level knowledge and skills of a person regarding funeral directing and embalming.
36. "Net interest" means interest earned on a prearranged funeral trust account less applicable taxes, reasonable and necessary charges made by the financial institution and the annual service fee permitted to be deducted by the funeral establishment according to section 32‑1391.06, subsection B.
37. "Outer burial container" means a container that is designed for placement in a grave around a casket, including burial vaults, grave boxes and grave liners.
38. "Owner" means a person who owns ten per cent or more of a business entity. Owner does not include shareholders of companies who have a class of common equity stock listed or authorized to be listed on the New York stock exchange or the American stock exchange or listed on the NASDAQ stock market.
39. "Person legally responsible" means the person responsible for burying a dead body as determined in section 36‑831.
40. "Prearranged funeral agreement" means any agreement or combination of agreements under which a payment is made before the death of the intended beneficiary for funeral goods and services to be delivered or performed after the death of the beneficiary.
41. "Prearranged funeral trust account" means a trust account that is established at a financial institution and into which all monies paid on behalf of a beneficiary pursuant to a prearranged funeral agreement are deposited.
42. "Preparation" means washing, shaving, dressing or arranging hair on, applying cosmetics to or positioning bodily features on a dead human body and placing a dead human body in a casket.
43. "Processed cremated remains" means cremated remains after they are pulverized and cleaned, leaving primarily small bone fragments.
44. "Provisionally accredited" means granted candidacy status by the American board of funeral service education.
45. "Registration" means a written authorization that is issued by the board and that entitles a person to act as an apprentice embalmer, an assistant funeral director, an embalmer's assistant or a prearranged funeral salesperson in this state.
46. "Responsible cremationist" means a licensed cremationist who manages a crematory.
47. "Responsible funeral director" means a person who is licensed pursuant to this chapter, who is engaged in funeral directing and who manages and is accountable for a funeral establishment.
48. "Retort" means an enclosed space within which cremation takes place.
49. "State equivalent examination" means the test or tests provided by the conference of funeral service examining boards and offered by the board to determine the entry level knowledge and skills of a person regarding funeral directing and embalming.
50. "Supervise" or "supervision" means a licensed embalmer has responsibility for and is within sight and sound of a registered apprentice embalmer or licensed intern who is embalming a dead human body or a student who is assisting in embalming a dead human body.
51. "Temporary container" means a receptacle that is usually made of cardboard, rigid plastic or another similar material and that is designed to hold processed cremated remains until they are placed in an urn or another permanent container.
52. "Trust funds" means all monies deposited on behalf of a beneficiary of a prearranged funeral agreement funded by trust and all accrued net interest. Trust funds shall be considered an account kept in suspense until distributed to the beneficiary, the funeral establishment or the estate of the beneficiary in accordance with this article.
53. "Universal precautions" means the universal blood and fluid precautions recommended by the centers for disease control of the United States public health service to prevent the transmission of blood‑borne and bodily fluid‑borne infectious diseases.
54. "Unprofessional conduct" includes the following acts, whether occurring in this state or elsewhere:
(a) Commission of a class 1 or 2 felony.
(b) Commission of a felony or misdemeanor if the offense has a reasonable relationship to funeral directing or embalming. Conviction by any court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(c) Providing false, misleading or deceptive information on an application for licensure or registration pursuant to this chapter or on an examination required for licensure or registration.
(d) Bribing or offering to bribe, directly or indirectly, a member of the board to influence the member's actions in the performance of the member's duties.
(e) Wilfully interfering with an embalmer, funeral director or cremationist who has lawful custody of a dead human body in the performance of the embalmer's, funeral director's or cremationist's duty to embalm or prepare the body for burial, transportation or cremation.
(f) Paying or causing money or other valuable consideration to be paid to a person, other than an employee of a funeral establishment, to secure business regulated pursuant to this chapter from or through the person.
(g) Violating any law of this state or any rule adopted by the department of health services that relates to the embalming or preparation of dead human bodies.
(h) Certifying falsely to having embalmed or prepared a dead human body that was embalmed by a person other than a licensed embalmer making the certification or an intern or apprentice embalmer under the supervision of a licensed embalmer making the certification.
(i) Falsely advertising or labeling any service or merchandise with the intention of deceiving the public.
(j) Shipping or delivering any merchandise or supplies that are not the substantial equivalent of or superior in quality to merchandise or supplies previously presented to the purchaser as samples.
(k) Committing any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to funeral directing or embalming.
(l) Engaging in any conduct or practice that is reasonably related to funeral directing or embalming and that is or may be harmful or dangerous to the health, safety or welfare of the public.
(m) Within a period of five years, having a license, registration or endorsement suspended or revoked by the board or by the funeral services licensing authority of any other jurisdiction or surrendering a license, registration or endorsement in lieu of disciplinary action.
55. "Urn" means a receptacle into which processed cremated remains are placed for disposition.
Sec. 2. Section 32-1309, Arizona Revised Statutes, is amended to read:
32-1309. Fees
A. The board shall establish and collect the following application fees:
1. For a funeral director license, eighty‑five dollars.
2. For an embalmer license, eighty‑five dollars.
3. For an embalmer's assistant registration, eighty‑five dollars.
4. For an intern license, eighty‑five dollars.
5. For a funeral director or embalmer license for a person who does not reside in this state, eighty‑five dollars.
6. For a prearranged funeral salesperson registration, eighty‑five dollars.
7. For a funeral establishment license:
(a) For a new establishment, new owner or new location, five hundred dollars.
(b) For a change of name, one hundred seventy‑five dollars.
8. For a prearranged funeral sales establishment endorsement, one hundred eighty‑five dollars.
9. For a crematory license:
(a) For a new crematory, new owner or new location, one hundred dollars per retort.
(b) For a change of name, one hundred seventy‑five dollars.
10. For a cremationist license, eighty‑five dollars.
B. The board shall establish and collect the following examination fees:
1. For the funeral director state laws and rules examination, eighty dollars.
2. For the embalmer state laws and rules examination, eighty dollars.
3. For the prearranged funeral salesperson state laws and rules examination, eighty dollars.
4. For the funeral service science section of the state equivalent examination, one hundred fifty dollars.
5. For the funeral service arts section of the state equivalent examination, one hundred fifty dollars.
C. The board shall establish and collect the following license and registration issuance fees:
1. For a funeral director license, eighty‑five dollars.
2. For an embalmer license, eighty‑five dollars.
3. For an embalmer's assistant registration, eighty‑five dollars.
4. For an intern license, eighty‑five dollars.
5. For a prearranged funeral salesperson registration, eighty‑five dollars.
6. For a cremationist license, eighty‑five dollars.
D. The board shall establish and collect the following renewal fees:
1. For a funeral director license, eighty‑five dollars.
2. For an embalmer license, eighty‑five dollars.
3. For an embalmer's assistant registration, eighty‑five dollars.
4. For an intern license, eighty‑five dollars.
5. For an apprentice embalmer registration, eighty‑five dollars.
6. 5. For an assistant funeral director registration, eighty‑five dollars.
7. 6. For a prearranged funeral salesperson registration, eighty‑five dollars.
8. 7. For an establishment license, four dollars for each disposition performed by the establishment during the immediately preceding calendar year. For the purposes of this paragraph, a funeral establishment performs a disposition each time the establishment files a death certificate pursuant to section 36‑325.
9. 8. For a prearranged funeral sales establishment endorsement, one hundred eighty‑five dollars.
10. 9. For a crematory license, two hundred dollars per retort.
11. 10. For a cremationist license, eighty‑five dollars.
E. The board shall establish and collect the following fees:
1. For a duplicate license or registration, twenty‑five dollars.
2. For a reexamination:
(a) For a state laws and rules examination, fifty dollars.
(b) For the funeral service science section or the funeral service arts section of the state equivalent examination, sixty‑five dollars.
3. For late renewal of a licensee or registration, thirty‑five dollars.
4. For late renewal of an establishment license or endorsement, sixty dollars.
5. For inactive licensure or registration, twenty‑five dollars.
6. For reinstatement of an inactive license, fifty dollars.
7. For reinstatement of an inactive registration, one hundred thirty dollars.
8. For an interim funeral establishment permit, twenty‑five dollars.
9. For filing an annual trust report, a fee of not more than two hundred dollars.
10. For filing a late or incomplete annual trust report, a penalty of not more than two hundred dollars.
F. The board may establish and collect a fee for intern trainees in an amount to be determined by the board.
Sec. 3. Repeal
Section 32-1324, Arizona Revised Statutes, is repealed.
Sec. 4. Title 32, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 32-1324.01, to read:
32-1324.01. Intern trainee; requirements; temporary employment by funeral establishment
A. A funeral establishment may employ for a period of not more than a total of one year an intern trainee who is enrolled or intends to enroll in a college of mortuary science as a student.
B. An intern trainee who has completed at least sixteen hours of training in a board-approved course of study that includes training in embalming procedures, ethics of funeral service, applicable board rules, health and safety procedures and universal health and safety precautions may do the following:
1. Assist in the preparation of human remains.
2. Assist with an embalming at the funeral establishment if the intern trainee is under the direct personal supervision of an embalmer at all times.
3. Except as otherwise provided in this section, perform all other functions of a licensed intern under the supervision of an embalmer or a funeral director.
C. An intern trainee shall be of good moral character and is not required to be registered or licensed by the board.
D. A funeral establishment that employs an intern trainee shall submit all of the following to the board:
1. The name and address of the intern trainee and other information that the board requires.
2. A completed fingerprint card and the prescribed fingerprint background check fee for any person employed as an intern trainee.
E. The funeral establishment shall report to the board the termination of employment of the intern trainee.
Sec. 5. Section 32-1325.01, Arizona Revised Statutes, is amended to read:
32-1325.01. Embalmer's assistants; qualifications; application for registration
A. An applicant for registration as an embalmer's assistant shall:
1. Have been registered as an apprentice embalmer for at least five continuous years.
2. 1. Not have had any disciplinary action taken against the person's registration by the board within the last five years.
3. 2. Pass a practical examination demonstrating the person's competence in embalming and safety procedures.
B. An applicant for registration as an embalmer's assistant shall submit a completed application on a form prescribed by the board. The application shall be subscribed under oath and shall be accompanied by:
1. Any educational, professional and employment information required by the board in its rules.
2. Proof of the applicant's employment as an apprentice embalmer at an establishment licensed under article 4 of this chapter under the supervision of an embalmer licensed under this article.
3. 2. A completed fingerprint card and the prescribed fingerprint background check fee.
4. 3. Any other information required by the board.
5. 4. All applicable fees pursuant to section 32‑1309.
C. If the board finds that the applicant meets the criteria for registration under this article and rules adopted by the board, the board shall issue an embalmer's assistant registration.
Sec. 6. Section 32-1330, Arizona Revised Statutes, is amended to read:
32-1330. Annual intern or embalmer assistant report
A person who is registered as an apprentice embalmer or embalmer's assistant or licensed as an intern shall submit to the board, at the time that the person applies to renew the person's registration or license, an annual report on a form prescribed by the board. The report shall be subscribed under oath by the apprentice embalmer embalmer's assistant or intern and the supervising embalmer and shall contain information documenting each embalming that the apprentice embalmer embalmer's assistant or intern assisted in or performed.
Sec. 7. Section 32-1331, Arizona Revised Statutes, is amended to read:
32-1331. Renewal of licenses and registration; reinstatement of registration
A. Except as provided in section 32-4301, each license and each registration issued under this article expires on August 1 of each year.
B. A licensee or a registrant shall submit a renewal application and the applicable renewal fee pursuant to section 32‑1309 on or before July 1 of each year. A license or registration renewal fee is nonrefundable.
C. A licensee or a registrant who submits a renewal application and the applicable renewal fee after July 1 but before August 1 shall pay a late fee pursuant to section 32‑1309 in addition to the renewal fee.
D. A licensee who fails to submit a renewal application and the applicable fee on or before August 1 shall apply for licensure as an original applicant. A person who submits a license application within three years after the date that the person's license expires is not required to pass the national board examination or state equivalent examination.
E. A registered assistant funeral director who fails to submit a renewal application and the applicable renewal fee on or before August 1:
1. Is not eligible for renewal of the person's registration.
2. May apply for a funeral director license pursuant to this article.
F. An apprentice embalmer or embalmer's assistant who fails to submit a renewal application and the applicable renewal fee on or before August 1 may apply for reinstatement of the person's registration by submitting a completed reinstatement application on a form prescribed by the board and the applicable reinstatement fee within one year after the date that the person's registration expires.
G. An intern license may not be renewed more than three times.
Sec. 8. Section 32-1333, Arizona Revised Statutes, is amended to read:
32-1333. Notice of change in employment
A. An intern who is licensed or an apprentice embalmer or embalmer's assistant who is registered under this article shall notify the board in writing within ten business days after a change in employment. The notice shall include the names of the new establishment and, if applicable, the new supervising licensed funeral director or embalmer.
B. An embalmer or funeral director who is licensed under this article shall notify the board in writing within ten business days after a change in employment. The notice shall include the names of the former and the new establishment.
C. A responsible funeral director who is licensed under this article shall notify the board in writing within five business days after a change in employment, excluding Saturdays, Sundays and other legal holidays.
Sec. 9. Section 32-1361, Arizona Revised Statutes, is amended to read:
32-1361. Prohibition of embalming by certain persons; certification of embalming
A. Only a licensed embalmer, a licensed intern, a registered embalmer's assistant, a registered apprentice embalmer or a student who assists a licensed embalmer in the embalming of dead human bodies pursuant to section 32‑1337 shall embalm a dead human body. A licensed intern, registered apprentice embalmer or student may only embalm a dead human body under the direct supervision of a licensed embalmer.
B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer's signature and license number.
APPROVED BY THE GOVERNOR JUNE 20, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 21, 2013.
