PRINTER'S NO. 2531
No. 1954 Session of 1989
INTRODUCED BY MAIALE AND HOWLETT, OCTOBER 4, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, OCTOBER 4, 1989
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 issuance of licenses to descendents of
11 deceased licensees.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 8(a) of the act of January 14, 1952 (1951
15 P.L.1898, No.522), known as the Funeral Director Law, amended
16 December 19, 1980 (P.L.1329, No.242), is amended to read:
17 Section 8. Conduct of Business.--(a) Individuals and
18 Partnerships. Except as provided for in subsection (e) hereof,
19 only one license shall be granted to or held by an individual,
20 but two or more licensed funeral directors may operate a joint
21 or partnership business at one place only. No funeral practice,
22 whether conducted by an individual or a partnership, may be
1 conducted under any other name than the name or last name of the
2 individual or, if a partnership, the names or last names of all
3 partners: Provided, however, That an individual or partnership
4 may be conducted under the name of a predecessor funeral
5 establishment if the name or names of the owner or partners
6 appear as operator or operators on all signs, forms and
7 advertising. No person not licensed under this act shall have
8 any interest in the practice carried on by a licensed funeral
9 director except as otherwise herein provided. Upon the death of
10 a licensee, or at any time subsequent thereto, the board shall
11 issue a license and renewal thereof to his estate, only for a
12 period not exceeding three (3) years, or widows [or], widowers
13 or descendants of deceased licensees without time limitations,
14 as long as they remain unmarried, providing the widow, [or],
15 widower or descendants, the executor or administrator of the
16 estate of the deceased licensee's heir or heirs, informs the
17 board, of the intent to continue practice, within ten (10) days
18 and applies within thirty (30) days for a certificate of
19 licensure. Such notice shall be in writing. The practice carried
20 on by a licensee's estate, widow [or], widower or descendant
21 shall be under the supervision of a licensed funeral director
22 employed on a full time basis. A licensee's estate, widow [or],
23 widower or descendant shall not be denied a license because the
24 deceased licensee operated a business in partnership with one or
25 more other licensed funeral directors nor shall a widow [or],
26 widower or descendant be denied the right to enter into a
27 partnership with one or more of the licensed funeral directors
28 with whom the deceased licensee was in partnership.
29 * * *
30 Section 2. This act shall take effect immediately.
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