Sunset Continue Mortuary Science Code Regulation

The act implements the recommendations of the department of regulatory agencies (department) concerning the mortuary science code (code), as the recommendations are specified in the department's sunset review of the registration of funeral establishments and crematories, with amendments, as follows:

• Continues registration of funeral establishments and crematories and the title protection of mortuary science practitioners, funeral directors, embalmers, and cremationists until 2029;
• Requires the inspection of funeral homes and crematories on a routine basis, for a period of time after the business has ceased operations, and upon applying for a registration for the purpose of ensuring compliance with the code during this time;
• Repeals the limitation on the authority of the director of the division of professions and occupations (director) to inspect funeral homes and crematories only during business hours;
• Expands the director's authority to promulgate rules to include any rules necessary to administer the code;
• Repeals the code's stakeholder engagement provisions for rule-making to allow the "State Administrative Procedure Act" to control stakeholder engagement;
• Adds the failure to respond to a complaint within the appropriate time to the grounds for discipline;
• Repeals the requirement that a letter of admonition be sent by certified mail;
• Authorizes the director to suspend the registration of a person that fails to comply with a condition of a stipulation or order until the person complies with the condition;
• Replaces the term "applicant" with the term "person" in the title-protection provisions for funeral directors, embalmers, and cremationists; and
• Removes gendered language from the code.

The act authorizes discipline to be imposed on a registration applicant or holder for the acts of a person acting on behalf of the applicant or holder and who is an officer, a director, a member, a partner, or an owner and holds an interest in the applicant or holder. The interest must be at least 10% if the applicant or holder is publicly traded.

The act also requires a funeral establishments to:

• Have a written contract with all subcontractors or agents and update the language required in contracts for funeral services, respectively;
• Maintain a sanitary preparation room;
• Refrain from taking custody of more human remains than the funeral establishment has capacity to refrigerate; and
• Obtain and maintain professional liability insurance with liability limits of at least $1,000,000.

The act requires a cremationist to remove all of the recoverable residue of the cremation process from the crematory and place the residue in a separate container so that the residue does not commingle with the cremated remains of other individuals.

For the 2024-25 state fiscal year, $339,196 is appropriated to the department from the division of professions and occupations cash fund to implement the act.

APPROVED by Governor May 24, 2024

EFFECTIVE May 24, 2024
(Note: This summary applies to this bill as enacted.)