Bill Text: MS HB505 | 2014 | Regular Session | Introduced

---

Bill Title: Funeral director courtesy cards; authorize for persons licensed in adjacent states to perform certain acts of funeral directing in MS.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2014-02-04 - Died In Committee [HB505 Detail]

Download: Mississippi-2014-HB505-Introduced.html

---

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Health and Human Services; Appropriations

By: Representative Moak

House Bill 505

AN ACT TO CREATE NEW SECTION 73-11-52, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF FUNERAL SERVICE SHALL ISSUE SPECIAL PERMITS KNOWN AS COURTESY CARDS TO PERSONS WHO ARE NOT LICENSED AS A FUNERAL DIRECTOR IN MISSISSIPPI BUT WHO ARE LICENSED OR CERTIFIED AS A FUNERAL DIRECTOR IN A STATE THAT BORDERS MISSISSIPPI, IF THE BORDERING STATE ISSUES COURTESY CARDS OR SIMILAR PERMITS TO FUNERAL DIRECTORS LICENSED IN MISSISSIPPI; TO PROVIDE THAT THE BOARD SHALL ESTABLISH THE FEE FOR THE COURTESY CARDS; TO SPECIFY THE ACTS OF FUNERAL DIRECTING THAT COURTESY CARD HOLDERS ARE AUTHORIZED TO UNDERTAKE IN MISSISSIPPI; TO REQUIRE COURTESY CARD HOLDERS TO COMPLY WITH ALL LAWS AND RULES OF MISSISSIPPI WHEN ENGAGED IN ANY ACTS OF FUNERAL DIRECTING IN THIS STATE; TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND A COURTESY CARD OR SUBJECT THE COURTESY CARD HOLDER TO DISCIPLINE IN ACCORDANCE WITH THE LAWS AND RULES APPLICABLE TO FUNERAL DIRECTORS LICENSED IN MISSISSIPPI; TO PROHIBIT COURTESY CARD HOLDERS FROM PERFORMING CERTAIN ACTS RELATED TO THE PRACTICE OF FUNERAL DIRECTING IN MISSISSIPPI; TO AMEND SECTION 73-11-51, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 73-11-52, Mississippi Code of 1972:

     73-11-52.  (1)  As used in this section:

          (a)  "Courtesy card" means a special permit issued by the board to funeral directors licensed in states that border Mississippi.
          (b)  "Funeral ceremonies" refer to services or rites commemorating the deceased, with the dead human body present, conducted at churches, funeral homes, cemeteries, crematories or elsewhere.  Funeral ceremonies include visitations, funerals, graveside funeral services, and other similar rites or ceremonies.
     (2)  Beginning January 1, 2015, the board shall issue a courtesy card to an individual who is not licensed as a funeral director under this chapter but who is licensed or certified as a funeral director in one or more states, if all of the following requirements are met:

          (a)  The individual is licensed as a funeral director in a state that borders Mississippi.
          (b)  The bordering state issues courtesy cards or similar permits to funeral directors licensed in Mississippi.
          (c)  The individual completes an application for a courtesy card on a form provided by the board.  The application for a courtesy card must include certification, including the seal of the state where the individual is licensed.
          (d)  The individual certifies on the application that the individual has reviewed and understands materials prepared by the board for individuals seeking courtesy cards.
          (e)  The individual pays the fee set by the board.
     (3)  The board shall adopt rules to set the fee for the courtesy card, which must be in an amount sufficient to cover the cost of issuing the card.  When establishing the fee, the board must consider the fees charged by states bordering Mississippi that issue courtesy cards.  Insofar as possible, the fees established must be consistent with the fees of the bordering states that issue courtesy cards.
     (4)  A courtesy card issued under this section is valid for a period consistent with other licenses issued by the board, to be established by the board.
     (5)  The holder of a courtesy card issued under this section is authorized to undertake the following acts of funeral directing:
          (a)  Remove and transport unembalmed and embalmed deceased human bodies to Mississippi from, or from Mississippi to
the state or states where the courtesy card holder is licensed as a funeral director.
          (b)  Prepare and complete sections of a death certificate and other disposition permits needed for disposition of deceased human remains, and sign and file death certificates and permits.
          (c)  Sign and file death certificates and other disposition permits without the assistance of or being under the supervision of a funeral director licensed under this chapter.
          (d)  Supervise and conduct funeral ceremonies in Mississippi without the assistance of a funeral director licensed under this chapter.
     (6)  A courtesy card holder must comply with all laws and rules of Mississippi when engaged in any acts of funeral directing in this state.  The board may revoke or suspend a courtesy card or subject the courtesy card holder to discipline in accordance with the laws and rules applicable to funeral directors licensed under this chapter.  Any disciplinary measure taken by the board against a courtesy card holder must be reported by the board to the state board or agency that issued the courtesy card holder's funeral director's license or certification.
     (7)  The holder of a courtesy card issued under this section is not authorized to undertake the following acts:
          (a)  Transfer the courtesy card to another individual.
          (b)  Own or operate a funeral home, crematory, or office that provides or offers to sell or arrange funeral or disposition services in Mississippi.
          (c)  Except as provided in subsection (5) of this section, perform any acts related to the practice of funeral directing in Mississippi, including:
               (i)  Arranging for a funeral or disposition service with members of the public;
               (ii)  Being employed by or contracted to perform funeral or embalming service in Mississippi by a funeral home licensed under this chapter;
               (iii)  Advertising Mississippi funeral or disposition services;
               (iv)  Executing contracts for funeral or disposition services in Mississippi;
               (v)  Preparing or embalming deceased human remains in Mississippi; or
               (vi)  Exhuming or disinterring human remains in Mississippi.

     SECTION 2.  Section 73-11-51, Mississippi Code of 1972, is amended as follows:

     73-11-51.  (1)  No person shall engage in the business or practice of funeral service, including embalming, and/or funeral directing or hold himself out as transacting or practicing or being entitled to transact or practice funeral service, including embalming, and/or funeral directing in this state unless duly licensed under the provisions of this chapter.  The licensing requirement of this subsection do not apply to persons who are holders of courtesy cards issued under Section 73-11-52.

     (2)  The board is authorized and empowered to examine applicants for licenses for the practice of funeral service and funeral directing and shall issue the proper license to those persons who successfully pass the applicable examination and otherwise comply with the provisions of this chapter.

     (3)  To be licensed for the practice of funeral directing under this chapter, a person must furnish satisfactory evidence to the board that he or she:

          (a)  Is at least eighteen (18) years of age;

          (b)  Has a high school diploma or the equivalent thereof;

          (c)  Has served as a resident trainee for not less than twenty-four (24) months under the supervision of a person licensed for the practice of funeral service or funeral directing in this state;

          (d)  Has successfully passed a written and/or oral examination as prepared or approved by the board; and

          (e)  Is of good moral character.

     (4)  To be licensed for the practice of funeral service under this chapter, a person must furnish satisfactory evidence to the board that he or she:

          (a)  Is at least eighteen (18) years of age;

          (b)  Has a high school diploma or the equivalent thereof;

          (c)  Has successfully completed twelve (12) months or more of academic and professional instruction from an institution accredited by the United States Department of Education for funeral service education and have a certificate of completion from an institution accredited by the American Board of Funeral Service Education or any other successor recognized by the United States Department of Education for funeral service education;

          (d)  Has served as a resident trainee for not less than twelve (12) months, either before or after graduation from an accredited institution mentioned above, under the supervision of a person licensed for the practice of funeral service in this state and in an establishment licensed in this state;

          (e)  Has successfully passed the National Conference of Funeral Examiners examination and/or such other examination as approved by the board; and

          (f)  Is of good moral character.

     (5)  All applications for examination and license for the practice of funeral service or funeral directing shall be upon forms furnished by the board and shall be accompanied by an examination fee, a licensing fee and a nonrefundable application fee in amounts fixed by the board in accordance with Section 73-11-56.  The fee for an initial license, however, may be prorated in proportion to the period of time from the date of issuance to the date of biennial license renewal prescribed in subsection (8) of this section.  All applications for examination shall be filed with the board office at least sixty (60) days before the date of examination.  A candidate shall be deemed to have abandoned the application for examination if he does not appear on the scheduled date of examination unless such failure to appear has been approved by the board.

     (6)  The practice of funeral service or funeral directing must be engaged in at a licensed funeral establishment, at least one (1) of which is listed as the licensee's place of business; and no person, partnership, corporation, association or other organization shall open or maintain a funeral establishment at which to engage in or conduct or hold himself or itself out as engaging in the practice of funeral service or funeral directing until such establishment has complied with the licensing requirements of this chapter.  A license for the practice of funeral service or funeral directing shall be used only at licensed funeral establishments; however, this provision shall not prevent a person licensed for the practice of funeral service or funeral directing from conducting a funeral service at a church, a residence, public hall, lodge room or cemetery chapel, if such person maintains a fixed licensed funeral establishment of his own or is in the employ of or an agent of a licensed funeral establishment.

     (7)  Any person holding a valid, unrevoked and unexpired nonreciprocal license in another state or territory having requirements greater than or equal to those of this state as determined by the board may apply for a license to practice in this state by filing with the board a certified statement from the secretary of the licensing board of the state or territory in which the applicant holds his license certifying to his qualifications and good standing with that board.  He/she must also successfully pass a written and/or oral examination on the Mississippi Funeral Service licensing law and rules and regulations as prepared or approved by the board, and must pay a nonrefundable application fee set by the board.  If the board finds that the applicant has fulfilled aforesaid requirements and has fulfilled substantially similar requirements of those required for a Mississippi licensee, the board shall grant such license upon receipt of a fee in an amount equal to the renewal fee set by the board for a license for the practice of funeral service or funeral directing, as the case may be, in this state.  The board may issue a temporary funeral service or funeral directing work permit before a license is granted, before the next regular meeting of the board, if the applicant for a reciprocal license has complied with all requirements, rules and regulations of the board.  The temporary permit will expire at the next regular meeting of the board.  The issuance of a license or temporary permit by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

     (8)  (a)  Except as provided in Section 33-1-39, any person holding a license for the practice of funeral service or funeral directing may have the same renewed for a period of two (2) years by making and filing with the board an application on or before the due date.  Payment of the renewal fee shall be in an amount set by the board in accordance with Section 73-11-56.  The board shall mail the notice of renewal and the due date for the payment of the renewal fee to the last-known address of each licensee at least thirty (30) days before that date.  It is the responsibility of the licensee to notify the board in writing of any change of address.  An application will be considered late if the application and proper fees are not in the board's office or postmarked by the due date.  Failure of a license holder to receive the notice of renewal shall not exempt or excuse a license holder from the requirement of renewing the license on or before the license expiration date.

          (b)  If the renewal fee is not paid on or postmarked by the due date, the license of such person shall by operation of law automatically expire and become void without further action of the board.  The board may reinstate such license if application for licensure is made within a period of five (5) years, upon payment of the renewal fee for the current year, all renewal fees in arrears, and a reinstatement fee.  After a period of five (5) years, the licensee must make application, pay the current renewal fee, all fees in arrears, and pass a written and/or oral examination as prepared or approved by the board.

     (9)  No license shall be assignable or valid for any person other than the original licensee.

     (10)  The board may, in its discretion, if there is a major disaster or emergency where human death is likely to occur, temporarily authorize the practice of funeral directing and funeral service by persons licensed to practice in another state but not licensed to practice in this state.  Only persons licensed in this state, however, may sign death certificates.

     (11)  Any funeral service technology or mortuary science program accredited by the American Board of Funeral Service Education in the State of Mississippi, as well as students enrolled in such a program, shall be exempt from licensing under this chapter when embalming or otherwise preparing a deceased human body for disposition as part of a student practicum experience, when the student is directly supervised by an instructor or preceptor who holds a current funeral service license.  This exemption shall apply to practicum experiences performed at an accredited institution of funeral service technology or mortuary science program or at a duly licensed funeral establishment or commercial mortuary service.  Nothing in this subsection shall be construed to allow any funeral service technology or mortuary science program, or those students enrolled in such a program, to engage in practicum experiences for remuneration.

     (12)  Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2014.

---