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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
House: HHS DPA 9-0-0-0 | 3rd Read 51-8-1-0
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HB2024: alkaline hydrolysis; facilities; operators; licensure
Sponsor: Representative Udall, LD 25
Transmitted to the Governor
Overview
Establishes regulation and licensure requirements for alkaline hydrolysis facilities and operators. Allows the Board of Funeral Directors and Embalmers to determine amounts for specified fees for alkaline hydrolysis facility licenses, operator licenses and permits.
History
The Arizona Board of Funeral Directors and Embalmers examines and licenses individuals providing funeral goods and services. It accepts complaints against licensed and unlicensed individuals and businesses, investigates allegations and enforces the standards of practice, professional conduct, competence and consumer disclosure regarding owning or operating funeral establishments, crematories, funeral directors, embalming's and cremations (A.R.S. § 32-1307).
Provisions
Arizona Board of Funeral Directors and Embalmers (Board)
1. Requires the Board to adopt rules for the inspection of alkaline hydrolysis facilities once every five years. (Sec. 2)
2. Directs the Board to establish and collect specified fees in an amount determined by the Board for:
a) A new alkaline hydrolysis facility license;
b) A change of name or location for an alkaline hydrolysis facility license;
c) For an alkaline hydrolysis operator license;
d) For an interim alkaline hydrolysis facility permit; and
e) For an extension of an interim alkaline hydrolysis facility permit. (Sec. 3)
3. Allows a licensed alkaline hydrolysis operator who retires from practicing alkaline hydrolysis and is not currently practicing to request that the Board place their license on inactive status. (Sec.4)
4. Prohibits a person holding an inactive alkaline hydrolysis license from practicing in this state. (Sec. 4)
Alkaline Hydrolysis Facilities
5. Prohibits a person from advertising or operating an alkaline hydrolysis facility without obtaining a license issued by the Board. (Sec. 5)
6. Requires a licensed hydrolysis facility to:
a) Have a building or structure that complies with applicable local and state building codes, zoning laws, ordinances, wastewater management, environmental standards and that contains one or more alkaline hydrolysis vessels;
b) Use a method that is approved by the Board to dry the hydrolyzed remains and that occurs within the facility;
c) Have a means approved by the Board for refrigerating dead human bodies awaiting alkaline hydrolysis; and
d) Have an appropriate refrigerated holding facility for dead human bodies awaiting alkaline hydrolysis that maintains dead human bodies at or below 38 degrees Fahrenheit. (Sec. 5)
7. Directs an alkaline hydrolysis facility to:
a) Employ a licensed alkaline hydrolysis operator to carry out the process of alkaline hydrolysis;
b) Provide proper procedures for all personnel; and
c) Comply with statute and other applicable state and federal laws relating to occupational and workplace health and safety. (Sec. 5)
8. Requires an application for an alkaline hydrolysis facility to be in a form prescribed by the Board and specifies that if the applicant is a business entity the entity must direct a natural person who is an owner of the entity to submit its application. (Sec. 5)
9. Requires the application to be subscribed under oath, be accompanied by an applicable fee and any additional information that the Board deems necessary. (Sec. 5)
10. Requires a business entity that applies for an alkaline hydrolysis facility license to submit to the Board with its application for licensure a copy of its partnership agreement, its articles of incorporation or organization or any other documents required to be filed with the corporation commission.
11. Outlines requirements that an applicant must meet for an alkaline hydrolysis facility license. (Sec. 5)
12. Requires the Board or its designee to inspect the premises of an alkaline hydrolysis facility and investigate the character and other qualifications of all applicants for licensure to determine whether the alkaline hydrolysis facility and applicants are complying with statute and rules adopted by the Board. (Sec. 5)
13. Specifies that if the Board finds that the applicant meets the criteria for an alkaline hydrolysis facility license, the Board must issue the license.(Sec. 5)
14. Stipulates that an alkaline hydrolysis facility license expires annually on August 1, except for licenses, registration or certificates issued to members on military active duty. (Sec. 5)
15. Requires a licensed alkaline hydrolysis facility to submit a renewal application and applicable nonrefundable renewal fee annually on or before July 1. (Sec. 5)
16. Specifies that a licensed alkaline hydrolysis facility that submits a renewal application and applicable renewal fee after July 1, but before August 1, must pay a late fee in addition to the renewal fee. (Sec. 5)
17. Requires a licensed alkaline hydrolysis facility that fails to submit a renewal application and applicable fee on or before August 1 to apply for a new license. (Sec. 5)
18. Stipulates that an alkaline hydrolysis facility license is not transferable or subject to sale or assignment, whether by voluntary or involuntary process. (Sec. 5)
19. Requires an alkaline hydrolysis facility licensee to notify the Board in writing and surrender their license within 20 days after the change of ownership if it occurs. (Sec. 5)
20. Requires the new owner to notify the Board in writing within 20 days after the change of ownership and to submit an application for an alkaline hydrolysis facility license to the Board. (Sec. 5)
21. Provides procedures for the Board to issue an interim permit to the new owner of an alkaline hydrolysis facility to continue operations and outlines conditions. (Sec. 5)
22. Stipulates that an interim permit issued by the Board must not be more than 45 days and may not be extended except for good cause shown. (Sec. 5)
23. Declares that an interim permit is a conditional permit and authorizes the holder to operate an alkaline hydrolysis facility as would be allowed under an alkaline hydrolysis facility license. (Sec. 5)
24. Mandates that the holder of an interim permit is subject to the licensing rules and disciplinary proceedings as provided in statute and in rules adopted by the Board. (Sec. 5)
25. Specifies that until the new owners license is issued, the Board must keep confidential all notices filed with the board by the prospective new owner of an alkaline hydrolysis facility. (Sec. 5)
26. Outlines procedures for an owner of a licensed alkaline hydrolysis facility desiring to change the name or location of their facility. (Sec. 5)
Alkaline Hydrolysis Operators
27. Requires an applicant for an alkaline hydrolysis operator license to submit a completed application on a form prescribed by the Board and specifies that the application subscribe under oath, be accompanied by an applicable fee and any additional information that the Board deems necessary. (Sec. 5)
28. Outlines requirements that an applicant must meet for an alkaline hydrolysis operator license. (Sec. 5)
29. Specifies that if the Board finds that the applicant meets the criteria for an alkaline hydrolysis operator license, the Board must issue the license. (Sec. 5)
30. Stipulates that an alkaline hydrolysis operator expires annually on August 1, except for licenses, registration or certificates issued to members on military active duty. (Sec. 5)
31. Requires a licensed alkaline hydrolysis operator to submit a renewal application and applicable nonrefundable renewal fee annually on or before July 1. (Sec. 5)
32. Specifies that a licensed alkaline hydrolysis operator that submits a renewal application and applicable renewal fee after July 1, but before August 1, must pay a late fee in addition to the renewal fee. (Sec. 5)
33. Requires a licensed alkaline hydrolysis operator that fails to submit a renewal application and applicable fee on or before August 1 to apply for a new license. (Sec. 5)
Miscellaneous
34. Requires the county medical examiner or alternate medical examiner to give approval for alkaline hydrolysis of a dead body after a death investigation and record the approval on the death certificate. (Sec. 1)
35. Requires alkaline hydrolysis operators when preparing the body of a dead person to notify the county medical examiner or alternate medical examiner to review the death certificate. (Sec. 2)
36. Requires an alkaline hydrolysis facility to display its license in a location that enables any member of the public who enters the alkaline hydrolysis facility to observe and read the license. (Sec. 5)
37. Deems it unlawful for a person who is licensed or registered to place the human remains of one person, whether inside or outside of a container, including a body bag, casket, alternative container or alkaline hydrolysis vessel, in a location that is on top of the human remains of another person. (Sec. 6)
38. Allows the Board, after a formal hearing, to deny or refuse to renew a license or registration or take disciplinary action against any alkaline hydrolysis operator for specified reasons. (Sec. 7)
39. Directs the Board to adopt rules requiring funeral establishments to place a price card in a conspicuous place with each alkaline hydrolysis operator available for purchase. (Sec. 8)
40. Requires an itemization of charges for alkaline hydrolysis containers and the location of where the deceased will undergo alkaline hydrolysis to be included in the licensee or registrant written or printed statement of funeral goods and services to the potential purchaser before entering into a contract. (Sec. 9)
41. Requires the statement of funeral goods and services to contain a conspicuous statement informing the purchaser that an alternative container used for cremation or covering used for alkaline hydrolysis may be purchased and used as an option in connection with the funeral services and final disposition of human remains except alternative containers used for cremation or covering used for alkaline hydrolysis is not required by law. (Sec. 9)
42. Requires human remains that are not embalmed to be held by the crematory in refrigerated holding facility that maintains human remains at or below 38 degrees Fahrenheit. (Sec. 10)
43. Defines the following terms:
a) Alkaline hydrolysis;
b) Alkaline hydrolysis container;
c) Alkaline hydrolysis facility;
d) Alkaline hydrolysis operator;
e) Alkaline hydrolysis vessel; and
f) Regular business hours. (Sec. 1, 5)
44. Modifies the definition of license and licensee to include alkaline hydrolysis operator and alkaline hydrolysis facility. (Sec. 1)
45. Makes technical and conforming changes. (Sec. 2-5 and 8, 9, 11, 12)
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HB 2024
Initials AG Page 0 Transmitted
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