PRINTER'S NO. 1945
No. 1601 Session of 1999
INTRODUCED BY CIVERA, ALLEN, BOYES, BUXTON, CAPPABIANCA, COSTA,
DeLUCA, DeWEESE, FARGO, GEORGE, GRUITZA, HARHAI, HERMAN,
HORSEY, HUTCHINSON, KENNEY, KREBS, LaGROTTA, LAUGHLIN, LYNCH,
MAHER, MARKOSEK, MARSICO, MAYERNIK, MELIO, MICHLOVIC,
S. MILLER, NAILOR, ORIE, PESCI, PETRONE, RAMOS, RAYMOND,
READSHAW, RIEGER, ROBINSON, SATHER, SOLOBAY, STABACK,
STEELMAN, STERN, TIGUE, TRICH, TRUE, TULLI, VAN HORNE, VEON,
WILT, YUDICHAK AND ZUG, JUNE 8, 1999
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 8, 1999
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 further providing for licenses.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 9(b) of the act of January 14, 1952 (1951
14 P.L.1898, No.522), known as the Funeral Director Law, amended
15 October 5, 1978 (P.L.1074, No.250), is amended and the section
16 is amended by adding a subsection to read:
17 Section 9. Licensees under Prior Laws and from Other
18 States.--* * *
19 (b) The board may grant licenses to individuals from other
1 states if: (1) the applicants' [(1)] standards and
2 qualifications for licensing are at least as high as those
3 provided hereby, (2) similar privileges are accorded persons
4 licensed in this Commonwealth, (3) the applicants hold valid
5 licenses from their state of residence, and (4) the terms and
6 conditions prescribed by the board are complied with.
7 (c) The board may, in its discretion, enter into an
8 agreement with the corresponding licensing authority of any
9 other state to issue limited licenses, which would permit
10 persons duly licensed as funeral directors in either state to
11 enter into the other state for the purpose of removing,
12 transporting and burying dead human bodies and directing
13 funerals in the same manner as if licensed under the laws of
14 such other state, except that such persons shall not maintain an
15 establishment, advertise or hold themselves out, directly or
16 through any agent or agency or otherwise, as funeral directors
17 other than in the state in which they are licensed. Any such
18 agreement between the board and the corresponding licensing
19 authority of another state shall include a provision that the
20 licensing authority issuing the limited license shall have the
21 power to take disciplinary action against the holder of a
22 limited license for any unprofessional conduct which may occur
23 within the issuing licensing authority's jurisdiction, and that
24 any disciplinary action shall be reported to the corresponding
25 licensing authority. The board shall have the power to
26 promulgate regulations to implement the provisions of this
27 section, including the establishment of necessary fees.
28 Section 2. Section 10 of the act, amended June 13, 1961
29 (P.L.291, No.172), is amended to read:
30 Section 10. Expiration of Licenses; Renewal; Continuing
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1 Education.--(a) All valid funeral directors' licenses granted
2 or renewed under this or any prior act shall expire on the first
3 day of February of 1962, and biennially thereafter. It shall be
4 the duty of the board, on or before the first day of November of
5 each odd numbered year, to mail to every licensed funeral
6 director a blank application for renewal of license. Renewal may
7 be effected at any time during the month of January of every
8 even numbered year by the filing of such application with the
9 board together with such renewal fee as may be fixed by the
10 department, with the approval of the board. The board may, at
11 its discretion, renew the license of any funeral director who
12 has failed to make application for renewal before the first day
13 of February of any even numbered year.
14 (b) (1) The board shall adopt, promulgate and enforce rules
15 and regulations consistent with the provisions of this act,
16 establishing requirements of continuing education to be met by
17 individuals licensed under this act as a condition for renewal
18 of their licenses, except widows, executors or administrators
19 licensed under section 8. Such regulations shall include any
20 fees necessary for the board to carry out its responsibilities
21 under this section.
22 (2) Beginning with the license period designated by
23 regulation, such licensees shall be required to attend six (6)
24 hours of mandatory continuing education during each two (2) year
25 license period.
26 (3) An individual applying for licensure in this
27 Commonwealth for the first time shall be exempted from the
28 continuing education requirement for the biennial renewal period
29 following initial licensure.
30 (4) The board may waive all or a portion of the continuing
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1 education requirement for biennial renewal upon request of a
2 licensee. The request shall be made in writing, with appropriate
3 documentation, and shall include a description of circumstances
4 sufficient to show why compliance is impossible. A waiver
5 request shall be evaluated by the board on a case-by-case basis.
6 Waivers may be granted for serious illness, military service or
7 other demonstrated hardship. The board shall send written
8 notification of its approval or denial of a waiver request.
9 (5) A licensee seeking to reinstate an inactive or lapsed
10 license shall show proof of compliance with the continuing
11 education requirement for the preceding biennium.
12 (6) All courses, locations, instructors and providers shall
13 be approved by the board. No credit shall be given for any
14 course in office management.
15 (7) The board shall initiate the promulgation of regulations
16 to carry out the provisions of this section within one (1) year
17 of the effective date of this section.
18 Section 3. This act shall take effect in 60 days.
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