Bill Text: SC H4845 | 2015-2016 | 121st General Assembly | Introduced
Bill Title: Funeral home, director or embalmer
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-04-28 - Referred to Committee on Labor, Commerce and Industry [H4845 Detail]
Download: South_Carolina-2015-H4845-Introduced.html
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE A FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER MAY REFUSE TO RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE UNTIL ALL FINANCIAL OBLIGATIONS RELATED TO SERVICES PROVIDED BY THE FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER WITH RESPECT TO THE DEAD HUMAN BODY HAVE BEEN FULLY SATISFIED; AND TO AMEND SECTION 40-19-110, RELATING TO UNPROFESSIONAL CONDUCT OF A FUNERAL DIRECTOR OR EMBALMER, SO AS TO PROVIDE THAT REFUSING TO PROPERLY RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE CONSTITUTES UNPROFESSIONAL CONDUCT EXCEPT WHEN THE REFUSAL IS FOR FAILURE TO SATISFY RELATED FINANCIAL OBLIGATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 19, Title 40 of the 1976 Code is amended by adding:
"Section 40-19-105. A funeral home, funeral director, or embalmer may refuse to release a dead human body to the custody of the person or entity who has the legal right to effect a release until any financial obligation related to services provided by the funeral home with respect to the dead human body have been fully satisfied."
SECTION 2. Section 40-19-110(9) of the 1976 Code is amended to read:
"(9) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release except when the refusal is related to the payment of related financial obligations as provided in Section 40-19-105; "
SECTION 3. This act takes effect upon approval by the Governor.
