THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CALTAGIRONE AND CRUZ, MARCH 28, 2011

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 28, 2011  

AN ACT

Amending the act of January 14, 1952 (1951 P.L.1898, No.522),

entitled, as amended, "An act to provide for the better

protection of life and health of the citizens of this

Commonwealth by requiring and regulating the examination,

licensure and registration of persons and registration of

corporations engaging in the care, preparation and

disposition of the bodies of deceased persons, and providing

penalties; providing for a State Board of Funeral Directors

in the Department of State, and repealing other laws,"

regulating cremation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of January 14, 1952 (1951

P.L.1898, No.522), known as the Funeral Director Law, is amended

by adding clauses to read:

Section 2.  Definitions.--The following terms as used in this

act shall, unless the context indicates otherwise, have the

following meanings:

* * *

(12)  The term "cremated remains" shall mean the bone

fragments remaining after cremation and shall include the

residue of foreign materials cremated with the body of the

deceased individual.

(13)  The term "cremation" shall mean the reduction of the

body of a deceased individual to ashes by the application of

heat.

(14)  The term "crematory" shall mean a structure containing

a furnace used or intended to be used for cremation.

Section 2.  Section 8 of the act is amended by adding a

subsection to read:

Section 8.  Conduct of Business.--* * *

(f)  Cremation License. The board shall issue or renew a

cremation license to a person to operate a crematory if, after

inspection, the board determines that the crematory meets the

standards set forth in the regulations of the board. A license

under this subsection is subject to renewal every two (2) years.

Section 3.  Section 13 of the act, amended July 25, 1953

(P.L.592, No.163) and July 31, 1968 (P.L.1008, No.295), is

amended to read:

Section 13.  Practice Without License; Exceptions.--(a)  No

person shall practice as a funeral director, as defined herein,

in this Commonwealth unless he holds a valid license so to do as

provided in this act.

The provisions of this subsection shall not apply to the

following persons when acting under the direction and

supervision of a licensed funeral director:

(1)  Employees of any cemetery or crematory whose duties or

business extend no further.

(2)  Persons acting under the orders of commissioned medical

officers of any branch of the armed forces of the United States.

(3)  Persons disposing of the bodies of deceased persons

lawfully placed at the disposition of legally organized medical,

surgical or other institutions for the benefit of science.

(4)  Persons disposing of the bodies of deceased persons

under the authority and direction of the Department of Health of

this Commonwealth in times of actual epidemic or public

calamity.

(b)  No person other than a licensed funeral director or a

resident interne shall prepare or embalm the body of any

deceased person.

(c)  No person other than a licensed funeral director shall,

directly or indirectly, or through an agent, offer to or enter

into a contract with a living person to render funeral services

to such person when needed. If any such licensed funeral

director shall accept any money for such contracts, he shall,

forthwith, either deposit the same in an escrow account in, or

transfer the same in trust to, a banking institution in this

Commonwealth, conditioned upon its withdrawal or disbursement

only for the purposes for which such money was accepted. This

subsection does not apply to a contract by a bona fide

institution that it will provide professional funeral services

for persons who may die while inmates of the institution, if

such contract is made as a part of its contract for housing,

maintaining and caring for its inmates.

(d)  Tentative funeral arrangements after a death has

occurred can be made by an unlicensed member of the funeral home

staff in the event the licensed funeral director is temporarily

absent.

(e)  A person may not operate a crematory or engage in

cremation unless the person has a license under section 8(f).

Section 4.  Sections 16 and 17 of the act, amended or added

December 22, 1983 (P.L.354, No.88) are amended to read:

Section 16.  Duties of Board.--(a)  The board shall be

charged with the enforcement of this act. It shall be empowered

to formulate necessary rules and regulations not inconsistent

with this act for the proper conduct of the business or

profession of funeral directing and as may be deemed necessary

or proper to safeguard the interests of the public and the

standards of the profession.

(b)  The board shall appoint an inspector or inspectors whose

title shall be "Inspector, State Board of Funeral Directors,

Commonwealth of Pennsylvania." Such inspectors shall be licensed

funeral directors who have been actively engaged in the practice

of such profession for at least ten years. Inspectors shall hold

office at the pleasure of the board, and shall receive such

compensation as shall be fixed by the board with the approval of

the department. Inspectors shall be empowered to serve all

processes and papers of the board, and shall have the right of

entry into any place, where the business or profession of

funeral directing is carried on or advertised as being carried

on, for the purpose of inspection and for the investigation of

complaints coming before the board and for such other matters as

the board may direct.

(c)  The board shall keep a record of its proceedings and

shall maintain a register of the names and addresses of all

persons applying for and those receiving licenses and

registration cards under this or any prior act. Such register

shall be open to public inspection.

(d)  The board shall submit annually to the department and to

the House and Senate Appropriations Committees, fifteen days

after the Governor has submitted his budget to the General

Assembly, a copy of the budget request for the upcoming fiscal

year which the board previously submitted to the department.

(e)  The board shall promulgate regulations on cremation,

which include establishing all of the following:

(1)  Standards for cremation, crematories and disposition of

cremated remains.

(2)  Requirements for cremation recordkeeping.

(3)  License, issuance and renewal fees.

Section 17.  Penalties.--(a)  Any person violating any of the

provisions of this act or any rule or regulation of the board

promulgated pursuant thereto shall be guilty of a misdemeanor,

and, upon conviction thereof, shall be sentenced to pay a fine

of not less than one hundred dollars ($100) nor more than one

thousand dollars ($1000), or undergo imprisonment not exceeding

one (1) year, or both.

(b)  In addition to any other civil remedy or criminal

penalty provided for in this act, the board, by a vote of the

majority of the maximum number of the authorized membership of

the board as provided by law, or by a vote of the majority of

the duly qualified and confirmed membership or a minimum of four

members, whichever is greater, may levy a civil penalty of up to

one thousand dollars ($1,000) on any current licensee who

violates any provision of this act or on any person who

practices as a funeral director, operates a crematory or engages

in cremation without being properly licensed to do so under this

act. The board shall levy this penalty only after affording the

accused party the opportunity for a hearing, as provided in

Title 2 of the Pennsylvania Consolidated Statutes (relating to

administrative law and procedure).

Section 5.  This act shall take effect as follows:

(1)  The following provisions shall take effect on the

effective date of regulations promulgated under section 16(e)

of the act:

(i)  The addition of section 8(f) of the act.

(ii)  The addition of section 13(e) of the act.

(iii)  The amendment of section 17(b) of the act.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.