Senate Bill 1370

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1370

    By Senator Holzendorf





    2-695A-98                                        See CS/HB 885

  1                      A bill to be entitled

  2         An act relating to funeral directing,

  3         embalming, and direct disposition; amending s.

  4         470.002, F.S.; expanding the definition of the

  5         term "legally authorized person"; amending s.

  6         470.006, F.S.; revising a provision relating to

  7         licensure as an embalmer by examination, to

  8         clarify applicability of the internship

  9         requirement; amending s. 470.0085, F.S.,

10         relating to the embalmer apprentice program;

11         authorizing an extension of apprenticeship for

12         certain students working in funeral

13         establishments; amending s. 470.009, F.S.;

14         reorganizing provisions relating to licensure

15         as a funeral director by examination, to

16         clarify applicability of the internship

17         requirement; amending ss. 470.015 and 470.018,

18         F.S.; providing for inclusion of a required

19         course on human immunodeficiency virus and

20         acquired immune deficiency syndrome in the

21         board-approved course on communicable diseases

22         for renewal of funeral director and embalmer

23         licenses and renewal of registration of direct

24         disposers; amending s. 470.024, F.S.;

25         authorizing operation of visitation chapels and

26         establishing criteria therefor; providing

27         licensing limitations with respect to colocated

28         facilities; requiring the relicensure of

29         funeral establishments whose ownership has

30         changed; amending s. 470.029, F.S.; providing a

31         filing date for monthly reports on final

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1         dispositions; amending s. 470.0301, F.S.;

  2         providing requirements for registration of

  3         centralized embalming facilities, including

  4         biennial renewal and applicable fees; providing

  5         for an annual inspection fee; creating s.

  6         470.0315, F.S.; providing for the storage,

  7         preservation, and transportation of human

  8         remains; creating s. 470.0355, F.S.; providing

  9         for the identification of human remains;

10         amending s. 470.036, F.S; extending

11         disciplinary actions to certain registrants and

12         licensees; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsection (18) of section 470.002, Florida

17  Statutes, is amended to read:

18         470.002  Definitions.--As used in this chapter:

19         (18)  "Legally authorized person" means, in the

20  priority listed, the decedent, when written inter vivos

21  authorizations and directions are provided by the decedent,

22  the surviving spouse, son or daughter who is 18 years of age

23  or older, parent, brother or sister 18 years of age or over,

24  grandchild who is 18 years of age or older, or grandparent; or

25  any person in the next degree of kinship. In addition, the

26  term may include, if no family exists or is available, the

27  following: the guardian of the dead person at the time of

28  death; the personal representative of the deceased; the

29  attorney-in-fact of the dead person at the time of death; the

30  health surrogate of the dead person at the time of death; a

31  public health officer; the medical examiner, county commission

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  or administrator acting under chapter 245, or other public

  2  administrator; a representative of a nursing home or other

  3  health care institution in charge of final disposition; or a

  4  friend or other person not listed in this subsection who is

  5  willing to assume the responsibility as authorized person.

  6         Section 2.  Subsection (3) of section 470.006, Florida

  7  Statutes, is amended to read:

  8         470.006  Licensure as an embalmer by examination;

  9  provisional license.--

10         (3)  Any applicant who has completed the required

11  1-year internship and has been approved for examination as an

12  embalmer may qualify for a provisional license to work in a

13  licensed funeral establishment, under the direct supervision

14  of a licensed embalmer for a limited period of 6 months as

15  provided by rule of the board. The fee for provisional

16  licensure shall be set by the board, but may not exceed $125,

17  and shall be nonrefundable and in addition to the fee required

18  in subsection (1). This provisional license may be renewed no

19  more than one time. An applicant may not be granted a license

20  until she or he has completed a 1-year internship as

21  prescribed by rule of the board.

22         Section 3.  Section 470.0085, Florida Statutes, is

23  amended to read:

24         470.0085  Establishment of embalmer apprentice

25  program.--The board may adopt rules establishing an embalmer

26  apprentice program.  An embalmer apprentice may perform only

27  those tasks, functions, and duties relating to embalming which

28  are performed under the direct supervision of a licensed

29  embalmer.  An embalmer apprentice shall be eligible to serve

30  in an apprentice capacity for a period not to exceed 1 year as

31  may be determined by board rule or for a period not to exceed

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  3 years if the apprentice is enrolled in and attending a

  2  course in mortuary science or funeral service education at any

  3  mortuary college or funeral service education college or

  4  school.  An embalmer apprentice shall be registered with the

  5  board upon payment of a registration fee not to exceed $50.

  6         Section 4.  Section 470.009, Florida Statutes, is

  7  amended to read:

  8         470.009  Licensure as a funeral director by

  9  examination; provisional license.--

10         (1)  Any person desiring to be licensed as a funeral

11  director shall apply to the department to take the licensure

12  examination. The department shall examine each applicant who

13  has remitted an examination fee set by the board not to exceed

14  $200 plus the actual per applicant cost to the department for

15  portions of the examination and who the board certifies has:

16         (a)  Completed the application form and remitted a

17  nonrefundable application fee set by the board not to exceed

18  $50.

19         (b)  Submitted proof satisfactory to the board that the

20  applicant is at least 18 years of age and is a recipient of a

21  high school degree or equivalent.

22         (c)  Had no conviction or finding of guilt, regardless

23  of adjudication, for a crime which directly relates to the

24  ability to practice funeral directing or the practice of

25  funeral directing.

26         (d)1.  Received an associate in arts degree, associate

27  in science degree, or an associate in applied science degree

28  in mortuary science approved by the board; or

29         2.  Holds an associate degree or higher from a college

30  or university accredited by a regional association of colleges

31  and schools recognized by the United States Department of

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  Education and is a graduate of at least a 1-year course in

  2  mortuary science approved by the board.

  3         (e)  Submitted proof of completion of a board-approved

  4  course on communicable diseases.

  5         (f)  Has completed a 1-year internship under a licensed

  6  funeral director.

  7         (2)  The department shall license the applicant as a

  8  funeral director if he or she:

  9         (a)  Passes an examination on the subjects of the

10  theory and practice of funeral directing, public health and

11  sanitation, and local, state, and federal laws and rules

12  relating to the disposition of dead human bodies; however, the

13  board by rule may adopt the use of a national examination,

14  such as the funeral service arts examination prepared by the

15  Conference of Funeral Service Examining Boards, in lieu of

16  part of this examination requirement.

17         (b)  Completes a 1-year internship under a licensed

18  funeral director.

19         (3)  Any applicant who has completed the required

20  1-year internship and has been approved for examination as a

21  funeral director may qualify for a provisional license to work

22  in a licensed funeral establishment, under the direct

23  supervision of a licensed funeral director for a limited

24  period of 6 months as provided by rule of the board. The fee

25  for provisional licensure shall be set by the board but may

26  not exceed $125. The fee required in this subsection shall be

27  nonrefundable and in addition to the fee required by

28  subsection (1). This provisional license may be renewed no

29  more than one time. An applicant may not be granted a license

30  until that applicant has completed a 1-year internship as

31  prescribed by rule of the board.

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1         Section 5.  Subsection (1) of section 470.015, Florida

  2  Statutes, is amended to read:

  3         470.015  Renewal of funeral director and embalmer

  4  licenses.--

  5         (1)  The department shall renew a funeral director or

  6  embalmer license upon receipt of the renewal application and

  7  fee set by the board not to exceed $250.  The board may

  8  prescribe by rule continuing education requirements of up to

  9  12 classroom hours, in addition to a board-approved course on

10  communicable diseases that includes the course on human

11  immunodeficiency virus and acquired immune deficiency syndrome

12  required by s. 455.2226, for the renewal of a funeral director

13  or embalmer license. The board may provide for the waiver of

14  continuing education requirements in circumstances that would

15  justify the waiver, such as hardship, disability, or illness.

16  The continuing education requirement is not required after

17  July 1, 1996, for a licensee who is over the age of 75 years

18  if the licensee does not qualify as the sole person in charge

19  of an establishment or facility.

20         Section 6.  Subsection (2) of section 470.018, Florida

21  Statutes, is amended to read:

22         470.018  Renewal of registration of direct disposer.--

23         (2)  The department shall adopt rules establishing a

24  procedure for the biennial renewal of registrations.  The

25  board shall prescribe by rule continuing education

26  requirements of up to 3 classroom hours, in addition to a

27  board-approved course on communicable diseases that includes

28  the course on human immunodeficiency virus and acquired immune

29  deficiency syndrome required by s. 455.2226, for the renewal

30  of a registration.

31

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1         Section 7.  Section 470.024, Florida Statutes, is

  2  amended to read:

  3         470.024  Funeral establishment; licensure.--

  4         (1)  A funeral establishment shall be a place at a

  5  specific street address or location consisting of at least

  6  1,250 contiguous interior square feet and must maintain or

  7  make arrangements for either suitable capacity for the

  8  refrigeration and storage of dead human bodies handled and

  9  stored by the establishment or a preparation room equipped

10  with necessary ventilation and drainage and containing

11  necessary instruments for embalming dead human bodies.

12         (2)  Each licensed funeral establishment may operate a

13  visitation chapel at a separate location within the county in

14  which the funeral establishment is located. A visitation

15  chapel must be a facility of not less than 500 square feet and

16  not more than 700 square feet and may be operated only when a

17  licensed funeral director is present at the facility. A

18  visitation chapel may be used only for visitation of a

19  deceased human body and may not be used for any other activity

20  permitted by this chapter.

21         (3)(2)  No person may conduct, maintain, manage, or

22  operate a funeral establishment unless an establishment

23  operating license has been issued by the department for that

24  funeral establishment.

25         (4)(3)  Application for a funeral establishment license

26  shall be made on forms furnished by the department, shall be

27  accompanied by a nonrefundable fee not to exceed $300 as set

28  by board rule, and shall include the name of the licensed

29  funeral director who is in charge of that establishment.

30         (5)(4)  A funeral establishment license shall be

31  renewable biennially pursuant to procedures, and upon payment

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  of a nonrefundable fee not to exceed $300, as set by board

  2  rule. The board may also establish by rule a delinquency fee

  3  not to exceed $50.

  4         (6)(5)  The practice of embalming done at a funeral

  5  establishment shall only be practiced by an embalmer licensed

  6  under this chapter.

  7         (7)(6)  Each licensed funeral establishment shall have

  8  one full-time funeral director in charge and shall have a

  9  licensed funeral director reasonably available to the public

10  during normal business hours for that establishment. The

11  full-time funeral director in charge must have an active

12  license and may not be the full-time funeral director in

13  charge of any other funeral establishment or of any other

14  direct disposal establishment.

15         (8)(7)  The issuance of a license to operate a funeral

16  establishment to a person or entity who is not individually

17  licensed as a funeral director does not entitle the person to

18  practice funeral directing.

19         (9)(8)  Each funeral establishment located at a

20  specific address shall be deemed to be a separate entity and

21  shall require separate licensing and compliance with the

22  requirements of this chapter. A No funeral establishment may

23  not shall be operated at the same location as any other

24  funeral establishment or direct disposal establishment unless

25  such establishments were licensed as colocated establishments

26  on October January 1, 1993.

27         (10)(9)  Every funeral establishment licensed under

28  this chapter shall at all times be subject to the inspection

29  of all its buildings, grounds, and vehicles used in the

30  conduct of its business, by the department or any of its

31  designated representatives or agents, or local or Department

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  of Health and Rehabilitative Services inspectors. The board

  2  shall by rule establish requirements for inspection of funeral

  3  establishments.

  4         (11)(10)  The board shall set by rule an annual

  5  inspection fee not to exceed $100, payable upon application

  6  for licensure and upon each renewal of such license.

  7         (12)(11)  A change in ownership of a funeral

  8  establishment shall be promptly reported to the department and

  9  shall may require the relicensure of the funeral

10  establishment, including reinspection and payment of

11  applicable fees.

12         (13)(12)  Each application for a funeral establishment

13  license shall identify every person with the ability to direct

14  the management or policies of the establishment and must

15  identify every person having more than a 10-percent ownership

16  interest in the establishment or the business or corporation

17  which owns the establishment. The board may deny, suspend, or

18  revoke the license if any person identified in the application

19  has ever been disciplined by a regulatory agency in any

20  jurisdiction for any offense that would constitute a violation

21  of this chapter. The board may deny, suspend, or revoke the

22  license if any person identified in the application has ever

23  been convicted or found guilty of, or entered a plea of nolo

24  contendere to, regardless of adjudication, a crime in any

25  jurisdiction that directly relates to the ability to operate a

26  funeral establishment.

27         (14)(13)  Each funeral establishment must display at

28  the public entrance the name of the establishment and the name

29  of the full-time funeral director in charge. A funeral

30  establishment must transact its business under the name by

31  which it is licensed.

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1         Section 8.  Subsection (1) of section 470.029, Florida

  2  Statutes, is amended to read:

  3         470.029  Reports of cases embalmed and bodies

  4  handled.--

  5         (1)  Each funeral establishment, direct disposal

  6  establishment, cinerator facility, and centralized embalming

  7  facility shall report on a form prescribed and furnished by

  8  the department the name of the deceased and such other

  9  information as may be required with respect to each dead human

10  body embalmed or otherwise handled by the establishment or

11  facility. Such forms shall be signed by the embalmer who

12  performs the embalming, if the body is embalmed, and the

13  funeral director in charge of the establishment or facility or

14  by the direct disposer who disposes of the body. The board

15  shall prescribe by rule the procedures in submitting such

16  documentation. Reports required by this subsection shall be

17  filed by the 10th day of each month for final dispositions

18  handled the preceding month.

19         Section 9.  Paragraphs (f) and (g) are added to

20  subsection (2) of section 470.0301, Florida Statutes, to read:

21         470.0301  Removal services; refrigeration facilities;

22  centralized embalming facilities.--In order to ensure that the

23  removal, refrigeration, and embalming of all dead human bodies

24  is conducted in a manner that properly protects the public's

25  health and safety, the board shall adopt rules to provide for

26  the registration of removal services, refrigeration

27  facilities, and centralized embalming facilities operated

28  independently of funeral establishments, direct disposal

29  establishments, and cinerator facilities.

30         (2)  CENTRALIZED EMBALMING FACILITIES.--In order to

31  ensure that all funeral establishments have access to

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  embalming facilities that comply with all applicable health

  2  and safety requirements, the board shall adopt rules to

  3  provide for the registration of centralized embalming

  4  facilities and shall require, at a minimum, the following:

  5         (f)  Application for registration of a centralized

  6  embalming facility shall be made on forms furnished by the

  7  department and shall be accompanied by a nonrefundable fee not

  8  to exceed $300 as set by board rule, and registration shall be

  9  renewed biennially pursuant to procedures and upon payment of

10  a nonrefundable fee not to exceed $300 as set by board rule.

11  The board may also establish by rule a late fee not to exceed

12  $50. Any registration not renewed within 30 days after the

13  renewal date shall expire without further action by the

14  department.

15         (g)  The board shall set by rule an annual inspection

16  fee not to exceed $100, payable upon application for

17  registration and upon renewal of such registration.

18         Section 10.  Section 470.0315, Florida Statutes, is

19  created to read:

20         470.0315  Storage, preservation, and transportation of

21  human remains.--

22         (1)  A person may not store or maintain human remains

23  at any establishment or facility except an establishment or

24  facility licensed or registered under this chapter or a health

25  care facility, medical examiner's facility, morgue, or

26  cemetery holding facility.

27         (2)  A dead human body may not be held in any place or

28  in transit over 24 hours after death or pending final

29  disposition unless the body is maintained under refrigeration

30  at a temperature of 40 degrees Fahrenheit or below or is

31

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  embalmed or otherwise preserved in a manner approved by the

  2  board in accordance with the provisions of this chapter.

  3         (3)  A dead human body transported by common carrier or

  4  any agency or individual authorized to carry dead human bodies

  5  must be placed in a carrying container adequate to prevent the

  6  seepage of fluids and escape of offensive odors. A dead human

  7  body may be transported only when accompanied by a properly

  8  completed burial-transit permit issued in accordance with the

  9  provisions of chapter 382.

10         (4)  The board shall establish by rule the minimal

11  standards of acceptable and prevailing practices for the

12  handling and storing of dead human bodies, provided that all

13  human remains transported or stored must be completely covered

14  and at all times treated with dignity and respect.

15         (5)  A person who violates any provision of this

16  section commits a misdemeanor of the first degree, punishable

17  as provided in s. 775.082 or s. 775.083.

18         Section 11.  Section 470.0355, Florida Statutes, is

19  created to read:

20         470.0355  Identification of human remains.--

21         (1)  The licensee or registrant in charge of the final

22  disposition of dead human remains shall, prior to final

23  disposition of such dead human remains, affix on the ankle or

24  wrist of the deceased, or in the casket or alternative

25  container or cremation container, proper identification of the

26  dead human remains. The identification or tag shall be encased

27  in or consist of durable and long-lasting material containing

28  the name, date of birth, date of death, and social security

29  number of the deceased, if available. If the dead human

30  remains are cremated, proper identification shall be placed in

31  the container or urn containing the remains.

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1         (2)  Any licensee or registrant responsible for removal

  2  of dead human remains to any establishment, facility, or

  3  location shall ensure that the remains are identified by a tag

  4  or other means of identification that is affixed to the ankle

  5  or wrist of the deceased at the time the remains are removed

  6  from the place of death or other location.

  7         (3)  Any licensee or registrant may rely on the

  8  representation of a legally authorized person to establish the

  9  identity of dead human remains.

10         Section 12.  Paragraphs (c), (d), (e), (g), (m), and

11  (q) of subsection (1) and subsection (2) of section 470.036,

12  Florida Statutes, are amended to read:

13         470.036  Disciplinary proceedings.--

14         (1)  The following acts constitute grounds for which

15  the disciplinary actions in subsection (2) may be taken:

16         (c)  Having a license or registration to practice any

17  of the activities regulated under this chapter funeral

18  directing or embalming, or to operate a cinerator facility,

19  funeral establishment, removal service, or refrigeration

20  service, revoked, suspended, or otherwise acted against,

21  including the denial of licensure or registration, by the

22  licensing or registering authority of another jurisdiction.

23         (d)  Being convicted or found guilty of, or entering a

24  plea of nolo contendere to, regardless of adjudication, a

25  crime in any jurisdiction which directly relates to the

26  practice of, or the ability to practice, any of the activities

27  regulated under this chapter embalming or funeral directing,

28  or operation of a cinerator facility, funeral establishment,

29  removal service, or refrigeration service, or the ability to

30  practice embalming or funeral directing, or operate a

31

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  cinerator facility, funeral establishment, removal service, or

  2  refrigeration service.

  3         (e)  Making or filing a report or record which the

  4  licensee knows to be false, intentionally or negligently

  5  failing to file a report or record required by state, local,

  6  or federal law, willfully impeding or obstructing such filing,

  7  or inducing another person to impede or obstruct such filing.

  8  Such reports or records shall include only those which are

  9  signed in the capacity of a licensee or registrant under this

10  chapter licensed funeral director, embalmer, or cinerator

11  facility operator.

12         (g)  Committing fraud, deceit, negligence,

13  incompetency, or misconduct, in the practice of any of the

14  activities regulated under this chapter funeral directing or

15  embalming, funeral establishment operation, cinerator facility

16  operation, removal service operation, or refrigeration service

17  operation.

18         (m)  Making any false or misleading statement, oral or

19  written, directly or indirectly, regarding the sale of

20  services or merchandise in connection with any of the

21  activities regulated under this chapter funeral directing,

22  embalming, funeral establishment operation, cinerator facility

23  operation, removal service operation, or refrigeration

24  operation on a preneed or at-need basis.

25         (q)  Paying to or receiving from any organization,

26  agency, or person, either directly or indirectly, any

27  commission, bonus, kickback, or rebate in any form whatsoever

28  for any of the activities regulated under this chapter funeral

29  directing services, embalming services, funeral establishment

30  services, cinerator facility services, removal services, or

31  refrigeration services, by the licensee or registrant, or her

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1  or his agent, assistant, or employee; however, this provision

  2  shall not prohibit the payment of commissions by a funeral

  3  director, funeral establishment, or cinerator facility to its

  4  preneed agents registered pursuant to chapter 497 or to

  5  licensees under this chapter hereunder.

  6         (2)  When the board finds any licensee or registrant

  7  licensed embalmer, embalmer intern, funeral director, funeral

  8  director intern, funeral establishment, cinerator facility, or

  9  cinerator facility operator guilty of any of the grounds set

10  forth in subsection (1), it may enter an order imposing one or

11  more of the following penalties:

12         (a)  Denial of an application for licensure or

13  registration.

14         (b)  Permanent revocation or suspension of a license or

15  registration.

16         (c)  Imposition of an administrative fine not to exceed

17  $5,000 for each count or separate offense.

18         (d)  Issuance of a reprimand.

19         (e)  Placement of the licensee or registrant on

20  probation for a period of time and subject to such conditions

21  as the board may specify, including requiring the licensee or

22  registrant to attend continuing education courses or to work

23  under the supervision of another licensee.

24         (f)  Restriction of the authorized scope of practice.

25         (g)  Assessment of costs associated with investigation

26  and prosecution.

27         Section 13.  This act shall take effect July 1 of the

28  year in which enacted.

29

30

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    Florida Senate - 1998                                  SB 1370
    2-695A-98                                        See CS/HB 885




  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises provisions of law governing funeral directing,
      embalming, and direct disposition to:
  4         1.  Redefine the term "legally authorized person."
           2.  Provide that a student enrolled in and attending
  5    a course in mortuary science or funeral service education
      at any mortuary college or funeral service education
  6    college or school may work in a funeral establishment
      during such enrollment not to exceed 3 years and must be
  7    registered with the Board of Funeral Directors and
      Embalmers. Provide that an applicant for a funeral
  8    director's license may be licensed upon passing the exam
      and completing a 1-year internship.
  9         3.  Provide that funeral directors, embalmers, and
      direct disposers must include in the board approved
10    course in communicable diseases education in human
      immunodeficiency virus and acquired immune deficiency
11    syndrome for license renewal.
           4.  Provide that a funeral establishment may not be
12    operated at the same location as any other funeral
      establishment or direct disposal establishment and
13    grandfathers in establishments that were so operating on
      October 1, 1993. Also to provide that a funeral
14    establishment may, under certain conditions, operate a
      visitation chapel at a separate location within the
15    county in which the funeral establishment is located.
           5.  Require described reports of cases embalmed and
16    bodies handled to be filed by the 10th day of each month
      for final dispositions handled in the preceding month.
17         6.  Provide an application process for registration
      of a centralized embalming facility and for registration
18    fees and an annual inspection fee.
           7.  Provide for the storage, preservation, and
19    transportation of human remains.
           8.  Provide for the identification of human remains.
20         9.  Specify grounds for disciplinary proceedings.

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