PRINTER'S NO. 1901

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1490 Session of 1996


        INTRODUCED BY TOMLINSON, GERLACH, SCHWARTZ, O'PAKE AND RHOADES,
           APRIL 9, 1996

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           APRIL 9, 1996

                                     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 continuing education as a condition for license
    11     renewal.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 10 of the act of January 14, 1952 (1951
    15  P.L.1898, No.522), known as the Funeral Director Law, amended
    16  June 13, 1961 (P.L.291, No.172), is amended to read:
    17     Section 10.  Expiration of Licenses; Renewal[.--]; Mandatory
    18  Continuing Education.--(a)  All valid funeral directors'
    19  licenses granted or renewed under this or any prior act shall
    20  expire on the first day of February of 1962, and biennially
    21  thereafter. It shall be the duty of the board, on or before the
    22  first day of November of each odd numbered year, to mail to

     1  every licensed funeral director a blank application for renewal
     2  of license. Renewal may be effected at any time during the month
     3  of January of every even numbered year by the filing of such
     4  application with the board together with such renewal fee as may
     5  be fixed by the department, with the approval of the board. The
     6  board may, at its discretion, renew the license of any funeral
     7  director who has failed to make application for renewal before
     8  the first day of February of any even numbered year.
     9     (b)  The board shall adopt, promulgate and enforce rules and
    10  regulations consistent with the provisions of this act
    11  establishing requirements of continuing education to be met by
    12  individuals licensed as funeral directors as a condition for
    13  renewal of their licenses. The board may waive all or part of
    14  the continuing education requirements or grant extensions of
    15  time in which to fulfill such requirements in the case of a
    16  funeral director who provides evidence, to the board's
    17  satisfaction, that he was unable to complete the requirements
    18  due to military service, certified illness, physical disability
    19  or hardship. The regulations shall include any fees necessary
    20  for the board to carry out its responsibilities under this
    21  section.
    22     (c)  For licenses renewed in 1996, a licensee shall be
    23  required to have completed a minimum of ten (10) clock hours of
    24  continuing education as a prerequisite for license renewal. For
    25  licenses renewed in 1998, a licensee shall be required to have
    26  completed a minimum of fifteen (15) clock hours of continuing
    27  education within the previous two calendar years as a
    28  prerequisite for license renewal. For licenses renewed in 2000
    29  and subsequent years, a licensee shall be required to have
    30  completed a minimum of twenty (20) clock hours of continuing
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     1  education within the previous two (2) calendar years as a
     2  prerequisite for license renewal.
     3     (d)  All courses, materials, locations and instructors shall
     4  be approved by the board. No credit may be given for any course
     5  in office management or practice building. Only those
     6  educational programs that are available to all licensees on a
     7  reasonable, nondiscriminatory fee basis shall be approved. The
     8  board may approve programs requiring personal on-site attendance
     9  and programs conducted by correspondence, located within and
    10  outside of this Commonwealth.
    11     (e)  On and after February 1, 2000, an individual licensed as
    12  a funeral director who wishes to activate a license which has
    13  been placed on inactive status shall be required to document
    14  twenty (20) clock hours of continuing education.
    15     (f)  The board shall inform licensees of the continuing
    16  education requirement prior to the renewal period when
    17  continuing education is required. Each renewal notice thereafter
    18  shall include the following additional information:
    19     (1)  That licenses may be placed on inactive status for no
    20  more than five (5) years.
    21     (2)  The appropriate number of hours of continuing education
    22  which individuals must document in order to reactivate a license
    23  which has been placed on inactive status.
    24     (3)  The procedure and fee required for activating an
    25  inactive license.
    26     (4)  That a licensee who fails to activate his license after
    27  five (5) years must retake the appropriate examination.
    28     Section 2.  The State Board of Funeral Directors shall
    29  initiate the promulgation of regulations to carry out the
    30  provisions of this amendatory act within six months of the
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     1  effective date of this amendatory act.
     2     Section 3.  This act shall take effect in 60 days.



















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