PRINTER'S NO. 3397
No. 2407 Session of 2002
INTRODUCED BY READSHAW, BUXTON, KAISER, PETRARCA, ALLEN, BEBKO-
JONES, CAPPELLI, CAWLEY, CORRIGAN, COY, CRUZ, DALLY, DeLUCA,
DeWEESE, J. EVANS, GORDNER, HANNA, HERMAN, HERSHEY, HORSEY,
LAUGHLIN, MARKOSEK, MELIO, MICHLOVIC, MICOZZIE, PISTELLA,
ROBINSON, SHANER, SOLOBAY, STERN, SURRA, TIGUE, WOJNAROSKI,
M. COHEN, MYERS, G. WRIGHT, TRICH, DONATUCCI AND STABACK,
MARCH 12, 2002
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 12, 2002
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 regulating cremation.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 2 of the act of January 14, 1952 (1951
14 P.L.1898, No.522), known as the Funeral Director Law, is amended
15 by adding definitions to read:
16 Section 2. Definitions.--The following terms as used in this
17 act shall, unless the context indicates otherwise, have the
18 following meanings:
19 * * *
1 (12) The term "cremated remains" shall mean the bone
2 fragments remaining after cremation and shall include the
3 residue of foreign materials which were cremated with the body
4 of the deceased individual.
5 (13) The term "cremation" shall mean the reduction of the
6 body of a deceased individual to cremains by the application of
7 heat.
8 (14) The term "crematory" shall mean a structure containing
9 a furnace used or intended to be used for cremation.
10 Section 2. Section 8 of the act is amended by adding a
11 subsection to read:
12 Section 8. Conduct of Business.--* * *
13 (f) Cremation license.--The board shall issue or renew a
14 cremation license to a person to operate a crematory if, after
15 inspection, the board determines that the crematory meets the
16 standards set forth in the regulations of the board. A license
17 under this subsection is subject to renewal every two years.
18 Section 3. Section 13 of the act, amended July 25, 1953
19 (P.L.592, No.163) and July 31, 1968 (P.L.1008, No.295), is
20 amended to read:
21 Section 13. Practice Without License; Exceptions.--(a) No
22 person shall practice as a funeral director, as defined herein,
23 in this Commonwealth unless he holds a valid license so to do as
24 provided in this act.
25 The provisions of this subsection shall not apply to the
26 following persons when acting under the direction and
27 supervision of a licensed funeral director:
28 (1) Employees of any cemetery or crematory whose duties or
29 business extend no further.
30 (2) Persons acting under the orders of commissioned medical
20020H2407B3397 - 2 -
1 officers of any branch of the armed forces of the United States.
2 (3) Persons disposing of the bodies of deceased persons
3 lawfully placed at the disposition of legally organized medical,
4 surgical or other institutions for the benefit of science.
5 (4) Persons disposing of the bodies of deceased persons
6 under the authority and direction of the Department of Health of
7 this Commonwealth in times of actual epidemic or public
8 calamity.
9 (b) No person other than a licensed funeral director or a
10 resident interne shall prepare or embalm the body of any
11 deceased person.
12 (c) No person other than a licensed funeral director shall,
13 directly or indirectly, or through an agent, offer to or enter
14 into a contract with a living person to render funeral services
15 to such person when needed. If any such licensed funeral
16 director shall accept any money for such contracts, he shall,
17 forthwith, either deposit the same in an escrow account in, or
18 transfer the same in trust to, a banking institution in this
19 Commonwealth, conditioned upon its withdrawal or disbursement
20 only for the purposes for which such money was accepted. This
21 subsection does not apply to a contract by a bona fide
22 institution that it will provide professional funeral services
23 for persons who may die while inmates of the institution, if
24 such contract is made as a part of its contract for housing,
25 maintaining and caring for its inmates.
26 (d) Tentative funeral arrangements after a death has
27 occurred can be made by an unlicensed member of the funeral home
28 staff in the event the licensed funeral director is temporarily
29 absent.
30 (e) A person may not operate a crematory or engage in
20020H2407B3397 - 3 -
1 cremation unless the person has a license under section 8(f).
2 Section 4. Section 16 of the act, amended December 22, 1983
3 (P.L.354, No.88), is amended to read:
4 Section 16. Duties of Board.--(a) The board shall be
5 charged with the enforcement of this act. It shall be empowered
6 to formulate necessary rules and regulations not inconsistent
7 with this act for the proper conduct of the business or
8 profession of funeral directing and as may be deemed necessary
9 or proper to safeguard the interests of the public and the
10 standards of the profession.
11 (b) The board shall appoint an inspector or inspectors whose
12 title shall be "Inspector, State Board of Funeral Directors,
13 Commonwealth of Pennsylvania." Such inspectors shall be licensed
14 funeral directors who have been actively engaged in the practice
15 of such profession for at least ten years. Inspectors shall hold
16 office at the pleasure of the board, and shall receive such
17 compensation as shall be fixed by the board with the approval of
18 the department. Inspectors shall be empowered to serve all
19 processes and papers of the board, and shall have the right of
20 entry into any place, where the business or profession of
21 funeral directing or cremation is carried on or advertised as
22 being carried on, for the purpose of inspection and for the
23 investigation of complaints coming before the board and for such
24 other matters as the board may direct.
25 (c) The board shall keep a record of its proceedings and
26 shall maintain a register of the names and addresses of all
27 persons applying for and those receiving licenses and
28 registration cards under this or any prior act. Such register
29 shall be open to public inspection.
30 (d) The board shall submit annually to the department and to
20020H2407B3397 - 4 -
1 the House and Senate Appropriations Committees, fifteen days
2 after the Governor has submitted his budget to the General
3 Assembly, a copy of the budget request for the upcoming fiscal
4 year which the board previously submitted to the department.
5 (e) Within one hundred and eighty (180) days following the
6 effective date of this section, the board shall promulgate
7 regulations on cremation, which shall follow recommended
8 procedures for handling dead human bodies for cremation by a
9 nationally recognized authority representing the cremation
10 industry, which include establishing all of the following:
11 (1) Standards for cremation, crematories and legal
12 disposition of cremated remains.
13 (2) Requirements for cremation recordkeeping.
14 (3) License, issuance and renewal fees.
15 (4) Inspection of cremains by funeral director prior to
16 release to family member or authorized agent.
17 (5) Disposition of unclaimed cremains.
18 (6) Disposition of body parts, prostheses, dentures or other
19 personal property of decedent.
20 (7) Identification tag placed by funeral director shall
21 remain with body during and after cremation.
22 (8) Receipts required to and from funeral director and
23 crematorium upon delivery of body and retrieval of cremains.
24 (9) Exonerating funeral directors from liability of acts
25 performed pursuant to law with regards to crematory actions.
26 (10) Exonerating crematories from liability of acts
27 performed pursuant to law with regards to funeral directors.
28 Section 5. Section 17 of the act, amended December 22, 1983
29 (P.L.354, No.88), is amended to read:
30 Section 17. Penalties.--(a) Any person violating any of the
20020H2407B3397 - 5 -
1 provisions of this act or any rule or regulation of the board
2 promulgated pursuant thereto shall be guilty of a misdemeanor,
3 and, upon conviction thereof, shall be sentenced to pay a fine
4 of not less than one hundred dollars ($100) nor more than one
5 thousand dollars ($1000), or undergo imprisonment not exceeding
6 one (1) year, or both.
7 (b) In addition to any other civil remedy or criminal
8 penalty provided for in this act, the board, by a vote of the
9 majority of the maximum number of the authorized membership of
10 the board as provided by law, or by a vote of the majority of
11 the duly qualified and confirmed membership or a minimum of four
12 members, whichever is greater, may levy a civil penalty of up to
13 one thousand dollars ($1,000) on any current licensee who
14 violates any provision of this act or on any person who
15 practices as a funeral director, operates a crematory or engages
16 in cremation without being properly licensed to do so under this
17 act. The board shall levy this penalty only after affording the
18 accused party the opportunity for a hearing, as provided in
19 Title 2 of the Pennsylvania Consolidated Statutes (relating to
20 administrative law and procedure).
21 Section 6. This act shall take effect as follows:
22 (1) The following provisions shall take effect on the
23 effective date of regulations promulgated under section 16(e)
24 of the act:
25 (i) The addition of section 8(f) of the act.
26 (ii) The addition of section 13(e) of the act.
27 (iii) The amendment of section 17(b) of the act.
28 (2) This section shall take effect immediately.
29 (3) The remainder of this act shall take effect in 60
30 days.
C4L63JLW/20020H2407B3397 - 6 -