Bill Text: PA HB661 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for conduct of business by individuals and partnerships.

Spectrum: Slight Partisan Bill (Republican 21-7)

Status: (Introduced - Dead) 2009-02-27 - Referred to PROFESSIONAL LICENSURE [HB661 Detail]

Download: Pennsylvania-2009-HB661-Introduced.html

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PRINTER'S NO. 723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 661 Session of2009
INTRODUCED BY SONNEY, BENNINGHOFF, BEYER, BRENNAN, CREIGHTON, FABRIZIO, FLECK, GEIST, GILLESPIE, HARRIS, HENNESSEY, HORNAMAN, KAUFFMAN, KILLION, MILLER, MILNE, MOUL, OBERLANDER, M. O'BRIEN, O'NEILL, PICKETT, PYLE, QUINN, RAPP, SIPTROTH, STERN AND YOUNGBLOOD, FEBRUARY 27, 2009
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 27, 2009
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,"
further providing for conduct of business by individuals and
partnerships.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8(a) of the act of January 14, 1952 (1951
P.L.1898, No.522), known as the Funeral Director Law, amended
December 19, 1980 (P.L.1329, No.242), is amended to read:
Section 8. Conduct of Business.--(a) Individuals and
Partnerships. Except as provided for in subsection (e) hereof,
only one license shall be granted to or held by an individual,
but two or more licensed funeral directors may operate a joint
or partnership business at one place only. No funeral practice,
whether conducted by an individual or a partnership, may be
conducted under any other name than the name or last name of the
individual or, if a partnership, the names or last names of all
partners: Provided, however, That an individual or partnership
may be conducted under the name of a predecessor funeral
establishment if the name or names of the owner or partners
appear as operator or operators on all signs, forms and
advertising. No person not licensed under this act shall have
any interest in the practice carried on by a licensed funeral
director except as otherwise herein provided. Upon the death of
a licensee, the board shall issue a license and renewal thereof
to his estate, only for a period not exceeding three (3) years,
or widows or widowers of deceased licensees without time
limitations, [as long as they remain unmarried,] providing the
widow, or widower, the executor or administrator of the estate
of the deceased licensee's heir or heirs, informs the board, of
the intent to continue practice, within ten (10) days and
applies within thirty (30) days for a certificate of licensure.
Such notice shall be in writing. The practice carried on by a
licensee's estate, widow or widower shall be under the
supervision of a licensed funeral director employed on a full
time basis. A licensee's estate, widow or widower shall not be
denied a license because the deceased licensee operated a
business in partnership with one or more other licensed funeral
directors nor shall a widow or widower be denied the right to
enter into a partnership with one or more of the licensed
funeral directors with whom the deceased licensee was in
partnership.
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Section 2. This act shall take effect in 60 days.
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