General Assembly

 

Raised Bill No. 5498

February Session, 2012

 

LCO No. 2042

 

*02042_______PH_*

Referred to Committee on Public Health

 

Introduced by:

 

(PH)

 

AN ACT CONCERNING CHANGES TO THE FUNERAL SERVICES STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 7-62b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) A death certificate for each death which occurs in this state shall be completed in its entirety and filed with the registrar of vital statistics in the town in which the death occurred [no] not later than five business days after death if filing a paper certificate and [no] not later than three calendar days after death if filing through an electronic death registry system, in order to obtain a burial permit prior to final disposition. The death certificate shall be registered if properly filed. If the place of death is unknown but the body is found in this state, the death certificate shall be completed and filed in accordance with this section, provided the place where the body is found shall be shown as the place of death.

Sec. 2. Subsection (g) of section 20-222 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(g) (1) Any person, firm, partnership or corporation engaged in the funeral service business shall maintain at (A) the address of record of the funeral service business identified on the certificate of inspection, or (B) the address of another funeral service business located in the state that is owned by the same person, firm, partnership or corporation as the funeral service business identified on the certificate of inspection:

[(1)] (i) All records relating to contracts for funeral services, prepaid funeral service contracts or escrow accounts for a period of not less than six years after the death of the individual for whom funeral services were provided; and

[(2)] (ii) Copies of all death certificates, burial permits, authorizations for cremation, documentation of receipt of cremated remains and written agreements used in making arrangements for final disposition of dead human bodies, including, but not limited to, copies of the final bill and other written evidence of agreement or obligation furnished to consumers, for a period of not less than six years after such final disposition. [; and]

[(3) Copies of price lists, for a period of not less than six years from the last date such lists were distributed to consumers.]

(2) Any person, firm, partnership or corporation that maintains records or other documents identified in subdivision (1) of this subsection at an address in the state other than the address identified in the certificate of incorporation shall, at the time services are provided or not later than thirty days after the relocation of such records or documents, provide notice, in writing, to all customers and other persons having an interest in such records of the address of the funeral service business located in the state where such records are maintained.

(3) A person, firm, partnership or corporation engaged in the funeral services business shall maintain copies of price lists, for a period of not less than six years from the last date such lists were distributed to customers, at the address of record of the funeral service business identified on the certificate of inspection.

Sec. 3. Section 20-230a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

No licensed funeral director or licensed embalmer shall offer to sell services to arrange for or conduct funerals or offer to sell any merchandise used in connection with a funeral without first providing the purchaser of such services or merchandise with [an itemized price list of all available services and merchandise] a price list that includes the information required by 16 CFR 453.2, as amended from time to time, and every such purchaser shall also be informed by such funeral director or embalmer, prior to entering into any sales agreement, of the right to select only such services or merchandise which the purchaser so desires.

Sec. 4. Section 20-230c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

If the person who has custody and control of the remains of a deceased person pursuant to section 45a-318 requests the disposal of the deceased person's body by cremation or if the deceased person had executed a cremation authorization document in accordance with the provisions of section 45a-318, the funeral director shall complete a written form containing the following information: (1) The name and address of the funeral service business that is responsible for the disposal of the deceased person's body; (2) the name of the deceased person; (3) the place and time of the cremation; (4) the name of the licensed funeral director or embalmer; (5) the name and address of the person who has custody and control of the remains of the deceased person; (6) a summary of the disposition, in accordance with section 20-230d, of the cremated remains, if unclaimed; and (7) a statement indicating the disposition of the cremated remains requested by the person who has custody and control of the remains of the deceased person or a statement indicating that the deceased person had executed a cremation authorization document in accordance with the provisions of section 45a-318. The written form shall be signed and dated by the person who has custody and control of the remains of the deceased person and by the funeral director. A copy of the signed form shall be provided to the person who has custody and control of the remains of the deceased person. The original signed form shall be [retained] maintained at the funeral service business, as required by section 20-222, as amended by this act, for not less than [twenty] six years from the date on which such form is signed by the person who has custody and control of the remains of the deceased person.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

7-62b(a)

Sec. 2

October 1, 2012

20-222(g)

Sec. 3

October 1, 2012

20-230a

Sec. 4

October 1, 2012

20-230c

Statement of Purpose:

To make changes to various statutes concerning funeral services.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]