07 LC 36
0638S
The
House Committee on Regulated Industries offers the following substitute
to
HB 401:
HB 401:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of
Georgia Annotated, relating to licenses for funeral directors and embalmers, so
as to provide for additional options for reciprocity; to provide for certain
procedures; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia
Annotated, relating to licenses for funeral directors and embalmers, is amended
by revising Code Section 43-18-42, relating to reciprocity for licensed
embalmers and funeral directors from other states, as follows:
"43-18-42.
(a)
The board may, in its discretion and in accordance with regulations adopted by
the board, grant to any person licensed in another state, territory, country, or
District of Columbia full privileges to engage in equivalent practice authorized
by this article without taking a national examination if:
(1)(A)
On or after January 1, 1991, such person successfully passes a written
examination approved by the board which tests knowledge of the law of this state
relating to funeral directors; and
(2)(B)
Such person satisfied in another state, territory, country, or District of
Columbia the requirements for licensure which are:
(A)(i)
In effect in Georgia on the date of application; or
(B)(ii)
Substantially equal to the requirements for a similar license in
Georgia.;
or
(2)
A person seeking a license pursuant to this Code section has engaged in the
active practice of funeral service as a licensed funeral director and embalmer
for three years immediately preceding his or her application for a license in
Georgia.
(b)
The approval or denial of a license by endorsement pursuant to this Code section
shall be in the sole discretion of the board, and a denial thereof shall not be
considered to be a contested case within the meaning of Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' Any applicant denied license
pursuant to this Code section may request to appear before the
board.
(c)
Nothing in this Code section shall be construed to prevent an applicant denied
pursuant to this Code section from taking the examination for licensure pursuant
to this article if that applicant otherwise meets the qualifications set out in
Code Section 43-18-41."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.