Amends TCA Title 62.
This bill revises various provisions relating to funeral directors and embalmers, as follows: (1) Present law prohibits an individual from selling or offering pre-need funeral contracts without first registering with the commissioner of commerce as a pre-need sales agent. Also, present law prohibits an individual from selling, soliciting, or negotiating prearrangement insurance policies without first registering with the commissioner of commerce and insurance as a pre-need sales agent and obtaining an insurance producer license. This bill authorizes licensed funeral directors to sell pre-need funeral contracts and prearrangement insurance policies without registering with the commissioner. (2) For purposes of renewing an embalmer or funeral director license, present law requires a licensee to submit proof of competition of a minimum of 10 hours of continuing education coursework approved by the board of funeral directors and embalmers. Five of the 10 hours must be attended in person. Present law considers a licensee to be "in person" if the licensee attends an interactive virtual program that requires participants to confirm their presence during the program. This bill specifies that "interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin. (3) Present law requires applicants for a funeral establishment license to include on the application the names of all unlicensed assistants. Also, present law specifies that licensed funeral directors may use unlicensed assistants, when such assistants are under the direction and supervision of a licensed funeral director. This bill defines "unlicensed assistant" as an individual who assists in the operation of a funeral establishment, under the direction and supervision of a funeral director and embalmer, and who is not a licensed funeral director or embalmer. This bill specifies that the term does not mean an individual who previously held a funeral director and embalmer license in this state that was revoked, suspended, or voluntarily surrendered with outstanding complaints. ON MARCH 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2570, AS AMENDED. AMENDMENT #1 corrects references from "funeral director and embalmer" to "funeral director or embalmer."
This bill revises various provisions relating to funeral directors and embalmers, as follows: (1) Present law prohibits an individual from selling or offering pre-need funeral contracts without first registering with the commissioner of commerce as a pre-need sales agent. Also, present law prohibits an individual from selling, soliciting, or negotiating prearrangement insurance policies without first registering with the commissioner of commerce and insurance as a pre-need sales agent and obtaining an insurance producer license. This bill authorizes licensed funeral directors to sell pre-need funeral contracts and prearrangement insurance policies without registering with the commissioner. (2) For purposes of renewing an embalmer or funeral director license, present law requires a licensee to submit proof of competition of a minimum of 10 hours of continuing education coursework approved by the board of funeral directors and embalmers. Five of the 10 hours must be attended in person. Present law considers a licensee to be "in person" if the licensee attends an interactive virtual program that requires participants to confirm their presence during the program. This bill specifies that "interactive" means the provider of the coursework provides a continuous two-way transfer of information between the licensee and the provider's point of origin. (3) Present law requires applicants for a funeral establishment license to include on the application the names of all unlicensed assistants. Also, present law specifies that licensed funeral directors may use unlicensed assistants, when such assistants are under the direction and supervision of a licensed funeral director. This bill defines "unlicensed assistant" as an individual who assists in the operation of a funeral establishment, under the direction and supervision of a funeral director and embalmer, and who is not a licensed funeral director or embalmer. This bill specifies that the term does not mean an individual who previously held a funeral director and embalmer license in this state that was revoked, suspended, or voluntarily surrendered with outstanding complaints. ON MARCH 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2570, AS AMENDED. AMENDMENT #1 corrects references from "funeral director and embalmer" to "funeral director or embalmer."
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