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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
Senate: COM DPA 4-3-0-0 | 3rd Read 18-12-0-0House: COM DP 6-4-0-0 | 3rd Read 58-0-1-0-1Final Pass: 26-2-2-0 |
SB 1210: funeral services; DHS; advisory committee
Sponsor: Senator Kaiser, LD 2
Transmitted to the Governor
Overview
An emergency measure that eliminates the State Board of Funeral Directors and Embalmers (Funeral Board) and transfers the powers and duties of the Funeral Board to the Department of Health Services (DHS).
History
Arizona State Board of Funeral Directors and Embalmers
The Funeral Board oversees individuals and businesses engaged in the final disposition of human remains. The Funeral Board regulates the funeral industry through the licensing and registration of funeral establishments and directors, embalmers, prearranged funeral salespersons, alkaline hydrolysis facilities and operators, crematories and cremators. The Funeral Board is responsible for conducting inspections and investigating and adjudicating complaints (Title 32, Chapter 12, A.R.S.).
Sunset Review Process
The sunset review process provides a
system for the Legislature to evaluate the need to continue the existence of
state agencies which are reviewed by a legislative committee of reference
(COR). The COR is required to hold a public hearing, receive testimony from
agency officials and the public and consider certain sunset factors in
determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).
The Senate Commerce and House Commerce COR held a public meeting on January 10, 2023 and recommended that the Legislature terminate the Funeral Board and that the powers and duties of the Funeral Board be transferred to DHS.
Provisions
Transfer of Authority and Monies
1. Eliminates the Funeral Board and transfers the authority, powers, duties and responsibilities of the Funeral Board to DHS. (Sec. 6, 7, 8, 81, 82, 83)
2. Removes the requirement to adopt a seal and appoint citizen advisory committees. (Sec. 8)
3. Eliminates the Funeral Board Fund and transfers unexpended and unencumbered monies to the Health Services Licensing Fund. (Sec. 9)
4. Requires all fees and other monies collected in accordance with Funeral Services statutes be deposited in the Health Services Licensing Fund. (Sec. 10, 43)
5. Requires all civil penalties collected in accordance with Funeral Services statutes be deposited in the state General Fund. (Sec. 10)
6. Stipulates that:
a) the transfer does not alter the effect of any actions that were taken or impair the valid obligations of the Funeral Board before the effective date of this Act;
b) administrative rules and orders that were adopted by the Funeral Board continue in effect until superseded by DHS administrative action;
c) all administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the Funeral Board on the effective date are transferred to and retain the same status with DHS;
d) all certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the Funeral Board retain their validity for the duration of the term of validity as provided by law;
e) all equipment, records, furnishings and other property, all data and investigative findings, all obligations and all appropriated monies of the Funeral Board that remain unexpended and unencumbered on the effective date are transferred to DHS;
f) all personnel who are under the state personnel system and employed by the Funeral Board are transferred to comparable positions and pay classifications in the respective administrative units of DHS on the effective date; and
g) all fees remain in effect until DHS establishes fees through the rulemaking process. (Sec. 83)
7. Permits DHS to use up to $870,000 from the Health Services Licensing Fund to assist in the transference of authority, powers, duties and responsibilities from the Funeral Board to DHS. (Sec. 84)
Advisory Committee
8. Establishes an advisory committee to collaborate with and assist the Director of DHS in performing the duties in regulating funeral services. (Sec. 6)
9. Specifies the advisory committee consists of seven governor-appointed members who are confirmed by the Senate and who serve at the pleasure of governor for staggered four-year terms. (Sec. 6)
10. Instructs the Governor to appoint a member of the unexpired portion of a term to fill a vacancy. (Sec. 6)
11. Outlines the membership of the advisory committee. (Sec. 6)
12. Prohibits members from receiving compensation. (Sec. 6)
13. Asserts members must be reimbursed for subsistence expenses and travel expenses. (Sec. 6)
14. Requires a chairman to be annually selected from the members. (Sec. 6)
15. Requires the advisory committee to hold bi-annual meetings at a time and place designated by chairperson and at the Director of DHS's request. (Sec. 6)
16. Instructs the advisory committee to:
a) provide the Director of DHS with recommendations as deemed necessary and beneficial to the best interests of the public; and
b) provide recommendations on specific questions or proposals as the committee deems necessary or as requested by the Director of DHS. (Sec. 6)
17. Requires the advisory committee to annually provide an evaluation of the performance of the Director of DHS and DHS regarding enforcement and administration of funeral services statutes to the Governor. (Sec. 6)
Funeral Services
18. Removes the statutorily set fee amounts for applications, licenses, renewals and other fees and allows DHS to set the fee amounts. (Sec. 11)
19. Deletes fees for examinations, except for a state laws and rules examination. (Sec. 11)
20. Eliminates certain requirements and fees associated with the licensing or registering of an assistant funeral director, an embalmer's assistant, intern, intern trainee, prearranged funeral salesperson and a prearranged funeral sales establishment endorsement. (Sec. 11, 15, 16, 25, 26, 28)
21. Modifies the qualifications for an embalmer license and a funeral director license. (Sec. 15)
22. Includes, as a qualification for an embalmer, funeral director or alkaline hydrolysis operator license, that an applicant may not have a disqualifying criminal history as determined by DHS. (Sec. 15, 35)
23. Clarifies a person who takes the national board examination must achieve a passing score according to the standards of the international conference of funeral service examining boards. (Sec. 21)
24. Adds that a person who holds an inactive alkaline hydrolysis license cannot practice alkaline hydrolysis unless there is another licensed alkaline hydrolysis operator who is operating or supervising the facility. (Sec. 27, 35)
25. Reduces the cap on the number of continuing education hours required each year from 16 to 6. (Sec. 31)
26. Specifies an alkaline hydrolysis facility is not required to employ a licensed alkaline hydrolysis operator if the facility is operated or supervised by a responsible cremationist. (Sec. 34)
27. Permits an unlicensed person to practice as an alkaline hydrolysis operator if the alkaline hydrolysis facility is operated or supervised by a responsible cremationist or another person who is a licensed alkaline hydrolysis operator. (Sec. 34, 35)
28. Specifies only licensed embalmers may embalm a dead human body, except that another person who is employed by a funeral establishment and on a pathway to licensure may embalm a body under the director supervision of a licensed embalmer. (Sec. 39)
29. Specifies a person is on a pathway to licensure if the person:
a) has been employed by a funeral establishment for not more than 3 years; and
b) intends to become licensed after assisting in embalming at least 25 bodies or assisting in arranging and directing at least 25 funerals. (Sec. 39)
30. Permits DHS to impose probationary terms as necessary to protect the public health, safety and welfare and to rehabilitate or educate a licensee. (Sec. 42)
31. Requires an authorized employee to provide accurate information about the retail prices of funeral goods and services. (Sec. 49)
32. Allows a licensee or authorized employee to provide prices by telephone, electronic means or by mail. (Sec. 49)
33. Requires a person affiliated with the funeral establishment, rather than a prearranged funeral salesperson, to present the price list to the consumer. (Sec. 61)
Miscellaneous
34. Defines department and director. (Sec. 4)
35. Removes the definition of board, embalmer's assistant, good moral character, intern, intern trainee, registration and state equivalent examination. (Sec. 4)
36. Modifies the definition of licensee and unprofessional conduct. (Sec. 4)
37. Removes, from the definition of license, an intern or an alkaline hydrolysis operator. (Sec. 4)
38. Redefines supervise or supervision to mean that a licensed embalmer has responsibility for and is within sight and sound of a person, rather than a licensed intern or a student, who is embalming a dead body or assisting in the embalming of a dead body. (Sec. 4)
39. Repeals statutes relating to an intern trainee, assistant funeral directors and embalmer's assistants, annual intern or embalmer's assistant report, embalming by colleges students and registration of prearranged funeral salesperson. (Sec. 17, 19, 24, 30, 67)
40. Clarifies the passing score that must be achieved from specified exams must be in accordance with the standards of the international conference of funeral service examining boards. (Sec. 21)
41. Applies the transference of authority, powers, duties and responsibilities retroactive to April 1, 2023. (Sec. 85)
42. Contains an emergency clause. (Sec. 86)
43. Makes technical and conforming changes. (Sec. 1-5, 8, 11-14, 16, 18, 20-23, 26-29, 31-38, 40-66, 68-80, 82)
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47. SB 1210
48. Initials PRB Page 0 Transmitted
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