PRINTER'S NO. 247
No. 218 Session of 2003
INTRODUCED BY DALLY, CAWLEY, CREIGHTON, FREEMAN, HANNA,
HENNESSEY, LEWIS, McNAUGHTON, PISTELLA AND TIGUE,
FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 11, 2003
AN ACT
1 Amending the act of January 14, 1952 (1951 P.L.1898, No.522),
2 entitled, as amended, "An act to provide for the better
3 protection of life and health of the citizens of this
4 Commonwealth by requiring and regulating the examination,
5 licensure and registration of persons and registration of
6 corporations engaging in the care, preparation and
7 disposition of the bodies of deceased persons, and providing
8 penalties; providing for a State Board of Funeral Directors
9 in the Department of State, and repealing other laws,"
10 providing for restitution and declaratory orders.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 11 heading of the act of January 14, 1952
14 (1951 P.L.1898, No.522), known as the Funeral Director Law,
15 amended December 22, 1983 (P.L.354, No.88), is amended and the
16 section is amended by adding subsections to read:
17 Section 11. Refusal; Suspension; Revocation; Restitution;
18 Declaratory Orders.--* * *
19 (c) The board may, by majority vote, order any person who
20 has violated this act or the regulations of the board to make
21 restitution, including interest thereon, where appropriate, to
1 any consumer who has paid moneys for funeral services or
2 merchandise.
3 (d) The board may, in its discretion, declare rights, status
4 and other legal relations under this act or the regulations of
5 the board, whether or not further relief is or could be claimed.
6 The declaration may be either affirmative or negative in form
7 and effect, and such declaratory orders shall have the force and
8 effect of a final order or adjudication of the board. The board
9 may issue such declaratory orders in anticipation of an actual
10 controversy or when an actual controversy exists.
11 Section 2. This act shall take effect in 60 days.
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