07 LC 36
0729S
The
Senate Regulated Industries and Utilities Committee offered the following
substitute to HB 90:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia
Annotated, relating to funeral directors and establishments, embalmers, and
crematories, so as to provide for certain requirements and options for licensing
and license holders; to provide additional options for reciprocity; to provide
for certain procedures; to provide that a funeral establishment operated by a
person and others licensed by the State Board of Funeral Services shall have an
adequate stock of funeral caskets on the premises; to provide that the display
room may contain actual caskets or may contain models, mock-ups, or sections of
caskets or similar items if such caskets are readily available and in stock for
purchase at the establishment or can be delivered within 24 hours; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating
to funeral directors and establishments, embalmers, and crematories, 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)
Such 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)
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.
Said
article is further amended by revising paragraph (3) of subsection (b) of Code
Section 43-18-70, relating to practice at licensed funeral establishment or
crematory, facilities, and living quarters, as follows:
"(3)
A display room containing
actual caskets
or models, mock-ups, or sections of caskets or similar items if all such caskets
are available and in stock for purchase at the establishment or can be delivered
within 24 hours. Each funeral establishment shall maintain on the premises at
each of its locations an adequate stock of
funeral caskets
as
established by the board which shall not
be less than eight and which shall meet such other criteria as necessary to
protect the public;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.