GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-420
SENATE BILL 550
AN ACT TO IMPROVE AND STRENGTHEN CREMATION LAW IN NORTH
CAROLINA AND TO IMPROVE AND MAKE TECHNICAL CORRECTIONS TO THE
FUNERAL LAW.
The General Assembly of North Carolina enacts:
SECTION 1. The name of the North Carolina Board of
Mortuary Science is changed to the North Carolina Board of
Funeral Service. The Revisor of Statutes is authorized to
substitute the term "Board of Funeral Service" for the term
"Board of Mortuary Science" wherever that term appears in the
General Statutes.
SECTION 2. Article 13C of Chapter 90 of the
General Statutes reads as rewritten:
"Article 13C.
"Cremations.
"§ 90-210.40. Short title.
This Article shall be known and may be cited as the North
Carolina Crematory Act.
"§ 90-210.41. Definitions.
As used in this Article, unless the context requires
otherwise:
(1) "Authorizing agent"
means a person legally entitled to order, or carry
out the legal order for, the cremation of human
remains. In the case of indigents or any other
individuals whose final disposition is the
responsibility of the State, a public official
charged with arranging the final disposition of the
deceased, if legally authorized, may serve as the
authorizing agent. In the case of individuals whose
death occurred in a nursing home or other private
institution, and in which the institution is
charged with making arrangements for the final
disposition of the deceased, a representative of
the institution, if legally authorized, may serve
as the authorizing agent.
(2) "Board" means the North
Carolina State Board of Mortuary Science.
(3) Repealed by Session
Laws 1997-399, s. 16.
(4) "Closed container"
means any container in which cremated remains can
be placed and closed in a manner so as to prevent
leakage or spillage of cremated remains or the
entrance of foreign material.
(5) "Cremated remains"
means all human remains recovered after the
completion of the cremation process, including
pulverization which leaves only bone fragments
reduced to unidentifiable dimensions.
(6) "Cremation" means the
technical process, using heat, that reduces human
remains to bone fragments.
(7) "Cremation chamber"
means the enclosed space within which the cremation
process takes place. Cremation chambers covered by
this Article shall be used exclusively for the
cremation of human remains.
(8) "Cremation container"
means the container in which the human remains are
placed in the cremation chamber for a cremation. A
cremation container must meet all of the standards
established by the rules adopted by the
Board.
(9) "Crematory" means the
building or portion of a building that houses the
cremation chamber and that may house the holding
facility, business office or other part of the
crematory business. A crematory must comply with
any applicable public health laws and rules and
must contain the equipment and meet all of the
standards established by the rules adopted by the
Board.
(10) "Crematory authority"
means the North Carolina Crematory
Authority.
(11) "Crematory operator"
means the legal entity which is licensed by the
Board to operate a crematory and perform
cremations.
(12) Repealed by Session
Laws 1997-399, s. 16.
(13) "Human remains" means
the body of a deceased person, including a human
fetus, regardless of the length of gestation, or
part of a body that has been removed from a living
or deceased person.
(14) "Niche" means a
compartment or cubicle for the memorialization or
permanent placement of an urn containing cremated
remains.
(1) 'Authorizing agent' means a person
legally entitled to authorize the cremation of
human remains in accordance with G.S. 90-
210.44.
(2) 'Board' means the North Carolina Board
of Funeral Service.
(3) 'Body parts' means limbs or other
portions of the anatomy that are removed from a
person or human remains for medical purposes during
treatment, surgery, biopsy, autopsy, or medical
research; or human bodies or any portion thereof
that have been donated to science for medical
purposes.
(4) 'Casket' means a rigid container that
is designed for the encasement of human remains and
that is usually constructed of wood, metal, or
other material and ornamented and lined with
fabric, and which may or may not be
combustible.
(5) 'Certificate of cremation' means a
certificate provided by the crematory manager who
performed the cremation containing, at a minimum,
the following information:
a. Name of decedent;
b. Date of cremation;
c. Name and address of crematory; and
d. Signature of crematory manager or
person acting as crematory manager.
(6) 'Cremated remains' means all human
remains recovered after the completion of the
cremation process, including pulverization which
leaves only bone fragments reduced to
unidentifiable dimensions.
(7) 'Cremation' means the technical
process, using intense heat and flame, that reduces
human remains to bone fragments. Cremation includes
the processing and may include the pulverization of
the bone fragments.
(8) 'Cremation chamber' means the enclosed
space within which the cremation process takes
place. Cremation chambers covered by this Article
shall be used exclusively for the cremation of
human remains.
(9) 'Cremation container' means the
container in which the human remains are
transported to the crematory or placed therein upon
arrival for storage and placement in a cremation
chamber for cremation. A cremation container shall
comply with all of the following standards:
a. Be composed of readily combustible
materials suitable for cremation;
b. Be able to be closed in order to
provide a complete covering for the human
remains;
c. Be resistant to leakage or
spillage;
d. Be rigid enough for handling with
ease;
e. Be able to provide protection for the
health, safety, and personal integrity of
crematory personnel; and
f. Be easily identifiable. The covering
of the cremation container shall contain the
following information:
1. The name of the decedent;
2. The date of death;
3. The sex of the decedent; and
4. The age at death of the
decedent.
(10) 'Cremation interment container' means
a rigid outer container composed of concrete,
steel, fiberglass, or some similar material in
which an urn is placed prior to being interred in
the ground and which is designed to withstand
prolonged exposure to the elements and to support
the earth above the urn.
(11) 'Crematory' or 'crematorium' means the
building or buildings or portion of a building on a
single site that houses the cremation equipment,
the holding and processing facilities, the business
office, and other parts of the crematory business.
A crematory must comply with all applicable public
health and environmental laws and rules and must
contain the equipment and meet all of the standards
established by the rules adopted by the Board.
(12) 'Crematory licensee' means the
individual or legal entity that is licensed by the
Board to operate a crematory and perform
cremations.
(13) 'Crematory manager' means the person
who is responsible for the management and operation
of the crematory. A crematory manager must either
be licensed to practice funeral directing or
funeral service and be qualified as a crematory
technician or must obtain a crematory manager
permit issued by the Board. In order to receive a
crematory manager permit, a person must:
a. Be at least 18 years of age.
b. Be of good moral character.
c. Be qualified as a crematory
technician.
Notwithstanding any other provision of law, a
crematory that is licensed by the Board prior to
January 1, 2004, and as of that date is not managed
by a crematory manager who is licensed to practice
funeral directing or funeral service, or who has a
crematory manager permit, may continue to be
managed by a crematory manager who is not licensed
to practice funeral directing or funeral service or
who does not have a crematory manager permit so
long as there is no sale, transfer, devise,
bequest, gift, or any other disposal of a
controlling interest in the crematory.
(14) 'Crematory technician' means any
employee of a crematory licensee who has a
certificate confirming that the crematory
technician has attended a training course approved
by the Board. The Board shall recognize the
cremation certificate program that is conducted by
the Cremation Association of North America
(CANA).
(15) 'Final disposition' means the
cremation and the ultimate interment, entombment,
inurnment, or scattering of the cremated remains or
the return of the cremated remains by the crematory
licensee to the authorizing agent or such agent's
designee as provided in this Article. Upon the
written direction of the authorizing agent,
cremated remains may take various forms.
(16) 'Holding and processing facility'
means an area or areas that are designated for the
retention of human remains prior to, and the
retention and processing of cremated remains after,
cremation; that comply with all applicable public
health and environmental laws; preserve the health
and safety of the crematory technician and other
personnel of the crematory; and that are secure
from access by anyone other than authorized
persons. A holding facility and processing facility
must be located in a crematory.
(17) 'Human remains' means the body of a
deceased person, including a separate human fetus,
regardless of the length of gestation, or body
parts.
(18) 'Niche' means a compartment or cubicle
for the memorialization or final disposition of an
urn or container containing cremated remains.
(19) 'Processing' means the removal of bone
fragments from the cremation chamber for the
reduction in size, labeling and packaging, and
placing in an urn or temporary container.
(20) 'Pulverization' means the reduction of
identifiable or unidentifiable bone fragments after
the completion of the cremation to granulated
particles by mechanical means.
(21) 'Scattering area' means an area
permitted by North Carolina law including, but not
limited to, an area designated by a cemetery and
located on dedicated cemetery property where
cremated remains that have been removed from their
container can be mixed with or placed on top of the
soil or ground cover.
(22) 'Temporary container' means a
receptacle for cremated remains, usually composed
of cardboard, plastic, or similar material which
can be closed in a manner so as to prevent the
leakage or spillage of the cremated remains or the
entrance of foreign material and which is a single
container of sufficient size to hold the cremated
remains until an urn is acquired or the cremated
remains are scattered.
(23) 'Urn' means a receptacle designed to
permanently encase the cremated remains.
"§ 90-210.42. Crematory Authority established.
(a) The North Carolina Crematory Authority is established as
a Committee within the Board. The Crematory Authority shall
suggest rules to the Board for the carrying out and enforcement
of the provisions of this Article.
(b) The Crematory Authority shall initially consist of five
members appointed by the Governor and two members of the Board
appointed by the Board. The Governor may consider a list of
recommendations from the Cremation Association of North
Carolina.
(c) The initial terms of the members of the Crematory
Authority shall be staggered by the appointing authorities so
that the terms of three members (two of which shall be
appointees of the Governor) expire December 31, 1991, the terms
of two members (both of which shall be appointees of the
Governor) expire
December 31, 1992, and the terms of the remaining two members
(one of which shall be an appointee of the Governor) expire
December 31, 1993.
As the terms of the members appointed by the Governor expire,
their successors shall be elected from among a list of nominees
in an election conducted by the Board in which all licensed
crematory operators are eligible to vote. The Board may conduct
the election for members of the Crematory Authority
simultaneously with the election for members of the Board or at
any other time. The Board shall prescribe the procedures and
establish the time and date for nominations and elections to the
Crematory Authority. A nominee who receives a majority of the
votes cast shall be declared elected. The Board shall appoint
the successors to the two positions for which it makes initial
appointments pursuant to this section.
The terms of the elected members of the Crematory Authority
shall be three years. The terms of the members appointed by the
Board, including the members initially appointed pursuant to
this subsection, shall be coterminous with their terms on the
Board. Any vacancy occurring in an elective seat shall be filled
for the unexpired term by majority vote of the remaining members
of the Crematory Authority. Any vacancy occurring in a seat
appointed by the Governor shall be filled by the Governor. Any
vacancy occurring in a seat appointed by the Board shall be
filled by the Board.
(d) The members of the Crematory Authority shall receive per
diem and necessary travel and subsistence expenses in accordance
with the provisions of G.S. 93B-5 for all time actually spent
upon the business of the Crematory Authority. All expenses,
salaries and per diem provided for in this Article shall be paid
from funds received under the provisions of this Article
and Article 13A and shall in no manner be an expense to
the State.
(e) The Crematory Authority shall select from its members a
chairman, a vice chairman and a secretary who shall serve for
one year or until their successors are elected and qualified. No
two offices may be held by the same person. The Crematory
Authority, with the concurrence of the Board, shall have the
authority to engage adequate staff as deemed necessary to
perform its duties.
(f) The Crematory Authority shall hold at least one meeting
in each year. In addition, the Crematory Authority may meet as
often as the proper and efficient discharge of its duties shall
require. Five Four members shall
constitute a quorum.
"§ 90-210.43. Licensing and inspection.
(a) Any person doing business in
this State, or any cemetery, funeral establishment, corporation,
partnership, joint venture, voluntary organization or any other
entity may erect, maintain and conduct a crematory in this State
and may provide the necessary appliances and facilities for the
cremation of human remains, provided that such person has
secured a license as a crematory operator in accordance with the
provisions of this Article.
(b) A crematory may be constructed
on or adjacent to any cemetery, on or adjacent to any funeral
establishment that is zoned commercial or industrial, or at any
other location consistent with local zoning
regulations.
(c) Application for a license as a
crematory operator shall be made on forms furnished and
prescribed by the Board. The Board shall examine the premises
and structure to be used as a crematory and shall issue a
renewable license to the crematory operator if the applicant
meets all the requirements and standards of the Board and the
requirements of this Article.
(d) Every application for licensure
shall identify the individual who is responsible for overseeing
the management and operation of the crematory. The crematory
operator shall keep the Board informed at all times of the name
and address of the manager.
(d1) All licenses shall expire on
the last day of December of each year. A license may be renewed
without paying a late fee on or before the first day of February
immediately following expiration. After that date, a license may
be renewed by paying a late fee as provided in G.S. 90-210.48 in
addition to the annual renewal fee. Licenses that remain expired
six months or more require a new application for renewal.
Licenses are not transferable. A new application for a license
shall be made to the Board within 30 days following a change of
ownership of more than fifty percent (50%) of the
business.
(e) No person, cemetery, funeral
establishment, corporation, partnership, joint venture,
voluntary organization or any other entity shall cremate any
human remains, except in a crematory licensed for this express
purpose and under the limitations provided in this Article, or
unless otherwise permitted by statute.
(f) Whenever the Board finds that
an owner, partner, manager, member, or officer of a crematory
operator or an applicant to become a crematory operator, or that
any agent or employee of a crematory operator or an applicant to
become a crematory operator, with the direct or implied
permission of such owner, partner, manager, member, or officer,
has violated any provision of this Article, or is guilty of any
of the following acts, and when the Board also finds that the
crematory operator or applicant has thereby become unfit to
practice, the Board may suspend, revoke, or refuse to issue or
renew the license, in accordance with the procedures of Chapter
150B:
(1) Conviction of a felony
or a crime involving fraud or moral
turpitude.
(2) Fraud or
misrepresentation in obtaining or renewing a
license or in the practice of cremation.
(3) False or misleading
advertising.
(4) Gross immorality,
including being under the influence of alcohol or
drugs while performing cremation services.
(5) Using profane, indecent
or obscene language in the presence of a dead human
body, and within the immediate hearing of the
family or relatives of a deceased, whose body has
not yet been cremated or otherwise disposed
of.
(6) Violating or
cooperating with others to violate any of the
provisions of this Article or of the rules of the
Board.
(7) Violation of any State
law or municipal or county ordinance or regulation
affecting the handling, custody, care or
transportation of dead human bodies.
(8) Refusing to surrender
promptly the custody of a dead human body or
cremated remains upon the express order of the
person lawfully entitled to the custody thereof,
except as provided in G.S. 90-210.47(e).
(9) Indecent exposure or
exhibition of a dead human body while in the
custody or control of a licensee.
In any case in which the Board is authorized to take
any of the actions permitted under this subsection, the Board
may instead accept an offer in compromise of the charges whereby
the accused shall pay to the Board a penalty of not more than
one thousand dollars ($1,000).
(g) The Board and Crematory
Authority may hold hearings in accordance with the provisions of
this Article and Chapter 150B. Any such hearing shall be
conducted jointly by the Board and the Crematory Authority. The
Board and the Crematory Authority shall jointly constitute an
"agency" under Article 3A of Chapter 150B of the General
Statutes with respect to proceedings initiated pursuant to this
Article. The Board is empowered to regulate and inspect
crematories and crematory operators and to enforce as provided
by law the provisions of this Article and the rules adopted
hereunder. Any crematory that, upon inspection, is found not to
meet any of the requirements of this Article shall pay a
reinspection fee to the Board for each additional inspection
that is made to ascertain whether the deficiency or other
violation has been corrected.
In addition to the powers enumerated in Chapter 150B
of the General Statutes, the Board shall have the power to
administer oaths and issue subpoenas requiring the attendance of
persons and the production of papers and records before the
Board in any hearing, investigation or proceeding conducted by
it or conducted jointly with the Crematory Authority. Members of
the Board's staff or the sheriff or other appropriate official
of any county of this State shall serve all notices, subpoenas
and other papers given to them by the President of the Board for
service in the same manner as process issued by any court of
record. Any person who neglects or refuses to obey a subpoena
issued by the Board shall be guilty of a Class 1
misdemeanor.
(a) Any person doing business in this State, or
any cemetery, funeral establishment, corporation, partnership,
joint venture, voluntary organization, or any other entity may
erect, maintain, and operate a crematory in this State and may
provide the necessary employees, facilities, structure, and
equipment for the cremation of human remains, provided that the
person or entity has secured a license as a crematory licensee
in accordance with this Article.
(b) A crematory may be constructed on or adjacent
to any cemetery, on or adjacent to any funeral establishment
that is zoned commercial or industrial, or at any other location
consistent with local zoning and environmental regulations.
(c) Application for a license as a crematory
licensee shall be made on forms furnished and prescribed by the
Board. The Board shall inspect the premises, facilities,
structure, and equipment to be used as a crematory, confirm that
the crematory manager's and crematory technician's educational
certificate is valid, and issue a renewable license to the
crematory licensee if the applicant meets all the requirements
and standards of the Board and the requirements of this
Article.
(d) Every application for licensure shall identify
the crematory manager and all crematory technicians employed by
the crematory licensee providing that nothing in this Article
shall prohibit the designation and identification by the
crematory licensee of one individual to serve as a crematory
manager and crematory technician. Each crematory licensed in
North Carolina shall employ on a full-time basis at least one
crematory technician. Every application for licensure and
renewal thereof shall include all crematory technicians'
educational certificates. The crematory licensee shall keep the
Board informed at all times of the names and addresses of the
crematory manager and all crematory technicians. In the event a
licensee is in the process of replacing its only crematory
technician at the time of license renewal, the licensee may
continue to operate the crematory for a reasonable time period
not to exceed 180 days.
(e) All licenses and permits shall expire on the
last day of December of each year. A license or permit may be
renewed without paying a late fee on or before the first day of
February immediately following expiration. After that date, a
license or permit may be renewed by paying a late fee as
provided in G.S. 90-210.52 in addition to the annual renewal
fee. Licenses and permits that remain expired six months or more
require a new application for renewal. Licenses and permits are
not transferable. A new application for a license or permit
shall be made to the Board within 30 days following a change of
ownership of more than fifty percent (50%) of the business.
(f) No person, cemetery, funeral establishment,
corporation, partnership, joint venture, voluntary organization,
or any other entity shall cremate any human remains, except in a
crematory licensed for this express purpose and operated by a
crematory licensee subject to the restrictions and limitations
of this Article or unless otherwise permitted by statute.
(g) Whenever the Board finds that an owner,
partner, crematory manager, member, officer, or any crematory
technician of a crematory licensee or any applicant to become a
crematory licensee, or that any authorized employee, agent, or
representative has violated any provision of this Article, or is
guilty of any of the following acts, and when the Board also
finds that the crematory operator or applicant has thereby
become unfit to practice, the Board may suspend, revoke, or
refuse to issue or renew the license, in accordance with Chapter
150B of the General Statutes:
(1) Conviction of a felony or a crime
involving fraud or moral turpitude.
(2) Fraud or misrepresentation in
obtaining or renewing a license or in the practice
of cremation.
(3) False or misleading advertising.
(4) Solicitation of dead human bodies by
the licensee, his agents, assistants, or employees;
but this subdivision shall not be construed to
prohibit general advertising by the licensee.
(5) Employment directly or indirectly of
any agent, assistant, or other person on a part-
time or full-time basis or on commission for the
purpose of calling upon individuals or institutions
by whose influence dead human bodies may be turned
over to a particular licensee.
(6) The direct or indirect payment or
offer of payment of a commission by the licensee or
the licensee's agent, assistant, or employees for
the purpose of securing business.
(7) Gross immorality, including being
under the influence of alcohol or drugs while
performing cremation services.
(8) Aiding or abetting an unlicensed
person to perform services under this Article,
including the use of a picture or name in
connection with advertisements or other written
material published or caused to be published by the
licensee.
(9) Failing to treat a dead human body
with respect at all times.
(10) Violating or cooperating with others
to violate any of the provisions of this Article or
of the rules of the Board.
(11) Violation of any State law or
municipal or county ordinance or regulation
affecting the handling, custody, care, or
transportation of dead human bodies.
(12) Refusing to surrender promptly the
custody of a dead human body or cremated remains
upon the express order of the person lawfully
entitled to the custody thereof, except as provided
in G.S. 90-210.51(e).
(13) Indecent exposure or exhibition of a
dead human body while in the custody or control of
a licensee.
(14) Practicing funeral directing,
embalming, or funeral service without a
license.
In any case in which the Board is authorized to take any
of the actions permitted under this subsection, the Board may
instead accept an offer in compromise of the charges whereby the
accused shall pay to the Board a penalty of not more than five
thousand dollars ($5,000).
(h) Where the Board finds a licensee is guilty of
one or more of the acts or omissions listed in subsection (g) of
this section but it is determined by the Board that the licensee
has not thereby become unfit to practice, the Board may place
the licensee on a term of probation in accordance with the
procedures set out in Chapter 150B of the General Statutes. In
any case in which the Board is entitled to place a licensee on a
term of probation, the Board may also impose a penalty of not
more than five thousand dollars ($5,000) in conjunction with the
probation.
(i) The Board may hold hearings in accordance with
the provisions of this Article and Chapter 150B of the General
Statutes. The Board shall conduct any such hearing. The Board
shall constitute an "agency" under Article 3A of Chapter 150B of
the General Statutes with respect to proceedings initiated
pursuant to this Article. The Board is empowered to regulate and
inspect crematories and crematory licensees and to enforce as
provided by law the provisions of this Article and the rules
adopted hereunder. Any crematory that, upon inspection, is found
not to meet any of the requirements of this Article shall pay a
reinspection fee to the Board for each additional inspection
that is made to ascertain whether the deficiency or other
violation has been corrected.
In addition to the powers enumerated in Chapter 150B of
the General Statutes, the Board shall have the power to
administer oaths and issue subpoenas requiring the attendance of
persons and the production of papers and records before the
Board in any hearing, investigation, or proceeding conducted by
it. Members of the Board's staff or the sheriff or other
appropriate official of any county of this State shall serve all
notices, subpoenas, and other papers given to them by the
President of the Board for service in the same manner as process
issued by any court of record. Any person who neglects or
refuses to obey a subpoena issued by the Board shall be guilty
of a Class 1 misdemeanor.
"§ 90-210.44. Authorizing agent.
(a) The following person, in the priority list
below, shall have the right to serve as an "authorizing
agent":
(1) An individual at least 18 years of age
may authorize the cremation and disposition of the
individual's own dead body in a written will,
pursuant to health care power of attorney to the
extent provided in Article 3 of Chapter 32 of the
General Statues, pursuant to a preneed funeral
contract executed pursuant to Article 13D of
Chapter 90 of the General Statutes, pursuant to a
cremation authorization form executed pursuant to
Article 13C of Chapter 90 of the General Statutes,
or in a written statement signed by the individual
and witnessed by two persons who are at least 18
years old. When an individual has authorized his or
her own cremation and disposition in accordance
with this subsection, the individual or institution
designated by that individual shall act as the
authorizing agent for that individual.
(2) If a decedent has left no written
authorization for the cremation and disposition of
the decedent's body as permitted under subdivision
(1) of this subsection, the following competent
persons in the order listed may authorize the type,
method, place, cremation, and disposition of the
decedent's body:
a. The surviving spouse.
b. A majority of the surviving children
who are at least 18 years of age and can be
located after reasonable efforts.
c. The surviving parents.
d. A majority of the surviving siblings
who are at least 18 years of age and can be
located after reasonable efforts.
e. A majority of the persons in the
classes of the next degrees of kinship, in
descending order, who, under State law, would
inherit the decedent's estate if the decedent
died intestate who are at least 18 years of
age and can be located after reasonable
efforts.
f. A person who has exhibited special
care and concern for the decedent and is
willing and able to make decisions about the
cremation and disposition.
g. In the case of indigents or any other
individuals whose final disposition is the
responsibility of the State or any of its
instrumentalities, a public administrator,
medical examiner, coroner, State-appointed
guardian, or any other public official charged
with arranging the final disposition of the
decedent may serve as the authorizing
agent.
h. In the case of individuals who have
donated their bodies to science or whose death
occurred in a nursing home or private
institution and in which the institution is
charged with making arrangements for the final
disposition of the decedent, a representative
of such institution may serve as the
authorizing agent in the absence of any of the
above.
i. In the absence of any of the above,
any person willing to assume responsibility as
authorizing agent, as specified in this
act.
This subsection does not grant to any person the right to
cancel a preneed funeral contract executed pursuant to Article
13D of Chapter 90 of the General Statutes or to cause or
prohibit the substitution of a preneed licensee as authorized
under G.S. 90-210.63.
(b) A person who does not exercise his or her
right to dispose of the decedent's body under subdivision (a)(2)
of this section within five days of notification or 10 days from
date of death, whichever is earlier, shall be deemed to have
waived his or her right to authorize disposition of the
decedent's body or to contest disposition in accordance with
this section.
(c) An individual at least 18 years of age may, in
a writing signed by the individual, authorize the cremation and
disposition of one or more of the individual's body parts that
has been or will be removed. If the individual does not
authorize the cremation and disposition, a person listed in
subdivision (a)(2) of this section may authorize the cremation
and disposition as if the individual were deceased.
(d) This section does not apply to the disposition
of dead human bodies as anatomical gifts under Part 3 of Article
16 of Chapter 130A of the General Statutes or the right to
perform autopsies under Part 2 of Article 16 of Chapter 130A of
the General Statutes.
"§ 90-210.45. Authorization to cremate.
(a) A crematory licensee shall not cremate human
remains until it has received a cremation authorization form
signed by an authorizing agent. The cremation authorization form
shall be prescribed by the Board and shall contain at a minimum
the following information:
(1) The identity of the human remains and
confirmation that the human remains are in fact the
individual so named.
(2) The time and date of death of the
decedent.
(3) The name and address of the funeral
establishment and/or the funeral director that
obtained the cremation authorization.
(4) The name and address of the crematory
to be in receipt of the human remains for the
purpose of cremation.
(5) The name and address of the
authorizing agent, the relationship between the
authorizing agent and the decedent, and the date
and time of signature of the authorizing agent.
(6) A representation that the authorizing
agent does in fact have the right to authorize the
cremation of the decedent and that the authorizing
agent is not aware of any living person who has a
superior priority right to that of the authorizing
agent, as set forth in G.S. 90-210.44. Or, in the
event that there is another living person who does
have a superior priority right to that of the
authorizing agent, a representation that the
authorizing agent has made all reasonable efforts
to contact such person, has been unable to do so,
and has no reason to believe that such person would
object to the cremation of the decedent.
(7) A representation that the authorizing
agent has either disclosed the location of all
living persons with an equal right to that of the
authorizing agent, as set forth in G.S. 90-201.44,
or does not know the location of any other living
person with an equal right to that of the
authorizing agent.
(8) Authorization for the crematory to
cremate the human remains, including authorization
to process or pulverize the cremated remains.
(9) A representation that the human
remains do not contain a pacemaker or any other
material or implant that may be potentially
hazardous to the person performing the
cremation.
(10) The name of the person authorized to
receive the cremated remains from the crematory
licensee.
(11) The manner in which final disposition
of the cremated remains is to take place, if known.
If the cremation authorization form does not
specify final disposition in a grave, crypt, niche,
or scattering area, then the form shall indicate
that the cremated remains will be held by the
crematory licensee for 30 days before they are
disposed of, unless they are received from the
crematory licensee prior to that time, in person,
by the authorizing agent or his designee.
(12) The signature of the authorizing agent
attesting to the accuracy of all representations
contained on the cremation authorization form,
except as set forth in subsection (b) of this
section.
(13) If a cremation authorization form is
being executed on a preneed basis, the cremation
authorization form shall contain the disclosure
required by G.S. 90-210.46. The authorizing agent
may specify in writing religious practices that
conflict with Article 13 of this Chapter. The
crematory licensee and funeral director shall
observe those religious practices except where they
interfere with cremation in a licensed crematory as
specified under G.S. 90-210.43 or the required
documentation and record keeping.
(14) A licensed funeral director of the
funeral establishment or crematory licensee that
received the cremation authorization form shall
also sign the cremation authorization form. Such
individual shall not be responsible for any of the
representations made by the authorizing agent,
unless such individual has actual knowledge to the
contrary, except for the information requested by
subdivisions (a)(1), (2), (3), (4), and (9) of this
section, which shall be considered to be
representations of the individual. In addition, the
funeral director shall warrant to the crematory
that the human remains delivered to the crematory
licensee are the human remains identified on the
cremation authorization form with any other
documentation required by this State, any county,
or any municipality.
(b) An authorizing agent who signs a cremation
authorization form shall be deemed to warrant the truthfulness
of any facts set forth on the cremation authorization form,
including that person's authority to order the cremation, except
for the information required by subdivisions (a)(4) and (9) of
this section, unless the authorizing agent has actual knowledge
to the contrary. An authorizing agent signing a cremation
authorization form shall be personally and individually liable
for all damages occasioned thereby and resulting therefrom.
(c) A crematory licensee shall have the legal
right to cremate human remains upon the receipt of a cremation
authorization form signed by an authorizing agent. There shall
be no liability for a crematory licensee that cremates human
remains pursuant to such authorization, or that releases or
disposes of the cremated remains pursuant to such authorization,
except for such crematory licensee's gross negligence, provided
that the crematory licensee performs such functions in
compliance with the provisions of this Article. There shall be
no liability for a funeral establishment or licensee thereof
that causes a crematory licensee to cremate human remains
pursuant to such authorization, except for gross negligence,
provided that the funeral establishment and licensee thereof and
crematory licensee perform their respective functions in
compliance with the provisions of this section.
(d) After the authorizing agent has executed a
cremation authorization form and prior to the commencement of
the cremation, the authorizing agent may revoke the
authorization and instruct the crematory licensee to cancel the
cremation and to release or deliver the human remains to another
crematory licensee or funeral establishment. Such instructions
shall be provided to the crematory licensee in writing. A
crematory licensee shall honor any instructions given to it by
an authorizing agent under this section, provided that it
receives such instructions prior to commencement of the
cremation of the human remains.
"§ 90-210.46. Preneed cremation arrangements.
(a) Any person, on a preneed basis, may authorize
the person's own cremation and the final disposition of the
person's cremated remains by executing, as the authorizing
agent, a cremation authorization form on a preneed basis and
having the form signed by two witnesses. The person shall retain
a copy of this form, and a copy shall be sent to the funeral
establishment and/or the crematory licensee. Any person shall
have the right to transfer or cancel this authorization at any
time prior to the person's death by destroying the executed
cremation authorization form and providing written notice to the
party or parties that received the cremation authorization
form.
(b) Any cremation authorization form executed by
an individual as the individual's own authorizing agent on a
preneed basis shall contain the following disclosure, which
shall be completed by the authorizing agent:
/ / I do not wish to allow any of my
survivors the option of canceling my cremation and
selecting alternative arrangements, regardless of
whether my survivors deem such a change to be
appropriate.
/ / I wish to allow only the survivors
whom I have designated below the option of
canceling my cremation and selecting alternative
arrangements or continuing to honor my wishes for
cremation and purchasing services and merchandise
if they deem such a change to be appropriate.
(c) Except as provided in subsection (b) of this
section, at the time of the death of a person who has executed,
as the authorizing agent, a cremation authorization form on a
preneed basis, any person in possession of the executed form,
and any person charged with making arrangements for the
disposition of the decedent's human remains who has knowledge of
the existence of the executed form, shall use the person's best
efforts to ensure that the decedent's human remains are cremated
and that the final disposition of the cremated remains is in
accordance with the instructions contained on the cremation
authorization form.
(d) If a crematory licensee is in possession of a
completed cremation authorization form, executed on a preneed
basis, and the crematory licensee is in possession of the
designated human remains, then the crematory licensee shall be
required to cremate the human remains and dispose of the human
remains according to the instructions contained on the cremation
authorization form. A crematory licensee that complies with the
preneed cremation authorization form under these circumstances
may do so without any liability. A funeral establishment or
licensee thereof that causes a crematory licensee to act in
accordance with the preneed cremation authorization form under
these circumstances may do so without any liability.
(e) Any preneed contract sold by, or preneed
arrangements made with, a funeral establishment that includes a
cremation shall specify the final disposition of the cremated
remains, pursuant to G.S. 90-210.50. In the event that no
different or inconsistent instructions are provided to the
crematory licensee by the authorizing agent at the time of
death, the crematory licensee shall be authorized to release or
dispose of the cremated remains as indicated in the preneed
agreement. Upon compliance with the terms of the preneed
agreement, the crematory licensee, and any funeral establishment
or licensee thereof who caused the crematory licensee to act in
compliance with the terms of the preneed agreement, shall be
discharged from any legal obligation concerning such cremated
remains.
(f) The provisions of this section shall not apply
to any cremation authorization form or preneed contract executed
prior to the effective date of this act. Any funeral
establishment, however, with the written approval of the
authorizing agent or person who executed the preneed contract,
may designate that such cremation authorization form or preneed
contract shall be subject to this act.
"§ 90-210.44. Authorization and record
keeping.
The Board shall establish requirements for record
keeping, authorizations, and cremation reports. It shall be a
violation of this Article for any crematory operator to fail to
comply with the requirements.
"§ 90-210.47. Record keeping.
(a) The crematory licensee shall furnish to the
person who delivers such human remains to the crematory licensee
a receipt, signed by both the crematory licensee and the person
who delivers the human remains, showing the date and time of the
delivery; the type of casket or cremation container that was
delivered; the name of the person from whom the human remains
were received and the name of the funeral establishment or other
entity with whom such person is affiliated; the name of the
person who received the human remains on behalf of the crematory
licensee; and the name of the decedent. The crematory licensee
shall retain a copy of this receipt in its permanent records for
three years.
(b) Upon its release of cremated remains, the
crematory licensee shall furnish to the person who receives such
cremated remains from the crematory licensee a receipt, signed
by both the crematory licensee and the person who receives the
cremated remains, showing the date and time of the release; the
name of the person to whom the cremated remains were released
and the name of the funeral establishment, cemetery, or other
entity with whom such person is affiliated; the name of the
person who released the cremated remains on behalf of the
crematory licensee; and the name of the decedent. The crematory
shall retain a copy of this receipt in its permanent records for
three years.
(c) A crematory licensee shall maintain at its
place of business a record of all forms required by the Board of
each cremation that took place at its facility for three
years.
(d) The crematory licensee shall maintain a record
for three years of all cremated remains disposed of by the
crematory licensee in accordance with G.S. 90-210.46(d).
(e) Upon completion of the cremation, the
crematory licensee shall issue a certificate of cremation.
(f) All records that are required to be maintained
under this Article shall be subject to inspection by the Board
or its agents upon request.
"§ 90-210.48. Cremation containers.
(a) No crematory licensee shall make or enforce
any rules requiring that any human remains be placed in a casket
before cremation or that human remains be cremated in a casket,
nor shall any crematory licensee refuse to accept human remains
for cremation for the reason that they are not in a casket.
(b) No crematory licensee shall make or enforce
any rules requiring that any cremated remains be placed in an
urn or receptacle designed to permanently encase the cremated
remains after the cremation process has been performed.
"§ 90-210.45. Cremation procedures.
(a) No human body shall be
cremated before the crematory operator receives a death
certificate signed by the attending physician or an
authorization for cremation signed by a medical
examiner.
(b) Human remains shall not be
cremated within 24 hours after the time of death, unless such
death was a result of an infectious, contagious or communicable
and dangerous disease as listed by the Commission of Health
Services pursuant to G.S. 130A-134, and unless such time
requirement is waived in writing by the medical examiner, county
health director, or attending physician where the death
occurred. In the event such death comes under the jurisdiction
of the medical examiner, the human remains shall not be received
by the crematory operator until authorization to cremate has
been received in writing from the medical examiner of the county
in which the death occurred. In the event the crematory operator
is authorized to perform funerals as well as cremation, this
restriction on the receipt of human remains shall not be
applicable.
(c) No unauthorized person shall be
permitted in the crematory area while any human remains are in
the crematory area awaiting cremation, being cremated, or being
removed from the cremation chamber. Relatives of the deceased,
the authorizing agent, medical examiners and law enforcement
officers in the execution of their duties shall be authorized to
have access to the holding facility and crematory
facility.
(c1) Human remains shall be cremated
only while enclosed in a cremation container.
(d) The simultaneous cremation of
the human remains of more than one person within the same
cremation chamber is forbidden.
(d1) Every crematory shall have a
holding facility, within or adjacent to the crematory,
designated for the retention of human remains prior to
cremation. The holding facility must comply with any applicable
public health laws and rules and must meet all of the standards
established pursuant to rules adopted by the Board.
(e) Crematory operators shall
comply with standards established by the Board for the reduction
and pulverization of human remains by the cremation
process.
"§ 90-210.49. Cremation procedures.
(a) In deaths certified by the attending
physician, the body shall not be cremated before the crematory
licensee receives a death certificate signed by the attending
physician, which shall contain at a minimum the following
information:
(1) Decedent's name;
(2) Date of death;
(3) Date of birth;
(4) Sex;
(5) Place of death;
(6) Facility name (if not institution,
give street and number);
(7) County of death;
(8) City of death; and
(9) Time of death (if known).
(b) When required by G.S. 130A-388 and the rules
adopted pursuant to that section or by successor statute and the
rules pursuant to it, a cremation authorization form signed by a
medical examiner shall be received by the crematory prior to
cremation.
(c) In deaths coming under full investigation by
the Office of the Chief Medical Examiner, a burial-transit
permit/cremation authorization form must be received by the
crematory before cremation.
(d) No body shall knowingly be cremated with a
pacemaker or defibrillator or other potentially hazardous
implant or condition in place. The authorizing agent for the
cremation of the human remains shall be responsible for taking
all necessary steps to ensure that any pacemaker or
defibrillator or other potentially hazardous implant or
condition is removed or corrected prior to cremation. If an
authorizing agent informs the funeral director and the crematory
licensee on the cremation authorization form of the presence of
a pacemaker or defibrillator or other potentially hazardous
implant or condition in the human remains, then the funeral
director shall be responsible for ensuring that all necessary
steps have been taken to remove the pacemaker or defibrillator
or other potentially hazardous implant or to correct the
hazardous condition before delivering the human remains to the
crematory.
(e) Human remains shall not be cremated within 24
hours after the time of death, unless such death was a result of
an infectious, contagious, or communicable and dangerous disease
as listed by the Commission of Health Services, pursuant to G.S.
130A-134, and unless such time requirement is waived in writing
by the medical examiner, county health director, or attending
physician where the death occurred.
(f) No unauthorized person shall be permitted in
view of the cremation chamber or in the holding and processing
facility while any human remains are being removed from the
cremation container, processed, or pulverized. Relatives of the
deceased and their invitees, the authorizing agent and the
agent's invitees, medical examiners, Inspectors of the North
Carolina Board of Funeral Service, and law enforcement officers
in the execution of their duties shall be authorized to have
access to the crematory area, subject to the rules adopted by
the crematory licensee governing the safety of such
individuals.
(g) Human remains shall be cremated only while
enclosed in a cremation container. Upon completion of the
cremation, and insofar as is possible, all of the recoverable
residue of the cremation process shall be removed from the
cremation chamber. Insofar as is possible, all residue of the
cremation process shall then be separated from any foreign
residue or anything else other than bone fragments and then be
processed by pulverization so as to reduce the cremated remains
to unidentifiable particles. Any foreign residue and anything
other than the particles of the cremated remains shall be
removed from the cremated remains as far as possible and shall
be disposed of by the crematory licensee. This section does not
apply where law otherwise provides for commingling of human
remains. The fact that there is incidental and unavoidable
residue in the cremation chamber used in a prior cremation is
not a violation of this subsection.
(h) The simultaneous cremation of the human
remains of more than one person within the same cremation
chamber is forbidden.
(i) Every crematory shall have a holding and
processing facility, within the crematory, designated for the
retention of human remains prior to cremation. The holding and
processing facility must comply with any applicable public
health laws and rules and must meet all of the standards
established pursuant to rules adopted by the Board.
(j) Crematory licensees shall comply with
standards established by the Board for the processing and
pulverization of human remains by cremation.
(k) Nothing in this Article shall require a
crematory licensee to perform a cremation that is impossible or
impractical to perform.
(l) The cremated remains with proper
identification shall be placed in a temporary container or the
urn selected or provided by the authorizing agent. The temporary
container or urn contents shall not be contaminated with any
other object, unless specific authorization has been received
from the authorizing agent or as provided in subsection (g) of
this section.
(m) If the cremated remains are greater than the
dimensions of a temporary container or urn, the excess cremated
remains shall be returned to the authorizing agent or its
representative in a separate container or urn.
(n) If the cremated remains are to be shipped, the
temporary container or urn shall be packed securely in a
suitable shipping container that complies with the requirements
of the shipper. Cremated remains shall be shipped only by a
method which has an internal tracing system available and which
provides a receipt signed by the person accepting delivery,
unless otherwise authorized in writing by the authorizing agent.
Cremated remains shall be shipped to the proper address as
stated on the cremation authorization form signed by the
authorizing agent.
"§ 90-210.46. Disposition of cremated
remains.
(a) The authorizing agent shall
provide the person with whom cremation arrangements are made
with a signed statement specifying the ultimate disposition of
the cremated remains, if known. The crematory operator may store
or retain cremated remains as directed by the authorizing agent.
Records of retention and disposition of cremated remains shall
be kept by the crematory operator pursuant to G.S.
90-210.44.
(b) The authorizing agent is
responsible for the disposition of the cremated remains. If,
after a period of 30 days from the date of cremation, the
authorizing agent or his representative has not specified the
ultimate disposition or claimed the cremated remains, the
crematory operator or the person in possession of the cremated
remains may dispose of the cremated remains only in a manner
permitted in this section. The authorizing agent shall be
responsible for reimbursing the crematory operator for all
reasonable expenses incurred in disposing of the cremated
remains pursuant to this section. A record of such disposition
shall be made and kept by the person making such disposition.
Upon disposing of cremated remains in accordance with this
section, the crematory operator or person in possession of the
cremated remains shall be discharged from any legal obligation
or liability concerning such cremated remains.
(c) In addition to the disposal of
cremated remains in a crypt, niche, grave, or scattering garden
located in a dedicated cemetery, or by scattering over
uninhabited public land, the sea or other public waterways
pursuant to subsection (f) of this section, cremated remains may
be disposed of in any manner on the private property of a
consenting owner, upon direction of the authorizing agent. If
cremated remains are to be disposed of by the crematory operator
on private property, other than dedicated cemetery property, the
authorizing agent shall provide the crematory operator with the
written consent of the property owner.
(d) Except with the express written
permission of the authorizing agent no person may:
(1) Dispose of or scatter
cremated remains in such a manner or in such a
location that the cremated remains are commingled
with those of another person. This subdivision
shall not apply to the scattering of cremated
remains at sea or by air from individual closed
containers or to the scattering of cremated remains
in an area located in a dedicated cemetery and used
exclusively for such purposes.
(2) Place cremated remains
of more than one person in the same closed
container. This subdivision shall not apply to
placing the cremated remains of members of the same
family in a common closed container designed for
the cremated remains of more than one
person.
(e) Cremated remains shall be
delivered by the crematory operator to the individual specified
by the authorizing agent on the cremation authorization form.
The representative of the crematory operator and the individual
receiving the cremated remains shall sign a receipt indicating
the name of the deceased, and the date, time, and place of the
receipt. After this delivery, the cremated remains may be
transported in any manner in this State, without a permit, and
disposed of in accordance with the provisions of this
Article.
(f) Cremated remains may be
scattered over uninhabited public land, a public waterway or
sea, subject to health and environmental standards, or on the
private property of a consenting owner pursuant to subsection
(c) of this section. A person may utilize a boat or airplane to
perform such scattering. Cremated remains shall be removed from
their closed container before they are scattered.
"§ 90-210.50. Final disposition of cremated remains.
(a) The authorizing agent shall provide the
person with whom cremation arrangements are made with a signed
statement specifying the ultimate disposition of the cremated
remains, if known. The crematory licensee may store or retain
cremated remains as directed by the authorizing agent. Records
of retention and disposition of cremated remains shall be kept
by the crematory licensee pursuant to G.S. 90-210.47.
(b) The authorizing agent is responsible for the
disposition of the cremated remains. If, after a period of 30
days from the date of cremation, the authorizing agent or the
agent's representative has not specified the final disposition
or claimed the cremated remains, the crematory licensee or the
person in possession of the cremated remains may dispose of the
cremated remains only in a manner permitted in this section. The
authorizing agent shall be responsible for reimbursing the
crematory licensee for all reasonable expenses incurred in
disposing of the cremated remains pursuant to this section. A
record of such disposition shall be made and kept by the person
making the disposition. Upon disposing of cremated remains in
accordance with this section, the crematory licensee or person
in possession of the cremated remains shall be discharged from
any legal obligation or liability concerning such cremated
remains.
(c) In addition to the disposal of cremated
remains in a crypt, niche, grave, or scattering garden located
in a dedicated cemetery, or by scattering over uninhabited
public land, the sea, or other public waterways pursuant to
subsection (f) of this section, cremated remains may be disposed
of in any manner on the private property of a consenting owner,
upon direction of the authorizing agent. If cremated remains are
to be disposed of by the crematory licensee on private property,
other than dedicated cemetery property, the authorizing agent
shall provide the crematory licensee with the written consent of
the property owner.
(d) Except with the express written permission of
the authorizing agent, no person may:
(1) Dispose of or scatter cremated remains
in such a manner or in such a location that the
cremated remains are commingled with those of
another person. This subdivision shall not apply to
the scattering of cremated remains at sea or by air
from individual closed containers or to the
scattering of cremated remains in an area located
in a dedicated cemetery and used exclusively for
such purposes.
(2) Place cremated remains of more than
one person in the same closed container. This
subdivision shall not apply to placing the cremated
remains of members of the same family in a common
closed container designed for the cremated remains
of more than one person with the written consent of
the family.
(e) Cremated remains shall be released by the
crematory licensee to the individual specified by the
authorizing agent on the cremation authorization form. The
representative of the crematory licensee and the individual
receiving the cremated remains shall sign a receipt indicating
the name of the deceased, and the date, time, and place of the
receipt, and contain a representation that the handling of the
final disposition will be in a proper manner. After this
delivery, the cremated remains may be transported in any manner
in this State, without a permit, and disposed of in accordance
with the provisions of this Article.
(f) Cremated remains may be scattered over
uninhabited public land, over a public waterway or sea, subject
to health and environmental standards, or on the private
property of a consenting owner pursuant to subsection (c) of
this section. A person may utilize a boat or airplane to perform
such scattering. Cremated remains shall be removed from their
closed container before they are scattered.
"§ 90-210.47. Liability.
(a) Any person signing a cremation
authorization form shall be deemed to warrant the truthfulness
of any facts set forth in the cremation authorization form,
including the identity of the deceased whose remains are sought
to be cremated and that person's authority to order such
cremation.
(b) A crematory operator shall have
authority to cremate human remains only upon the receipt of a
cremation authorization form signed by an authorizing agent.
There shall be no liability of a crematory operator that
cremates human remains pursuant to such authorization, or that
releases or disposes of the cremated remains pursuant to such
authorization.
(c) A crematory operator shall not
be responsible or liable for any valuables delivered to the
crematory operator with human remains.
(d) A crematory operator shall not
be liable for refusing to accept a body or to perform a
cremation until it receives a court order or other suitable
confirmation that a dispute has been settled if:
(1) It is aware of any
dispute concerning the cremation of human
remains;
(2) It has a reasonable
basis for questioning any of the representations
made by the authorizing agent; or
(3) For any other lawful
reason.
(e) If a crematory operator is
aware of any dispute concerning the release or disposition of
the cremated remains, the crematory operator may refuse to
release the cremated remains until the dispute has been resolved
or the crematory operator has been provided with a court order
authorizing the release or disposition of the cremated remains.
A crematory operator shall not be liable for refusing to release
or dispose of cremated remains in accordance with this
subsection.
"§ 90-210.51. Limitation of liability.
(a) Any person signing a cremation
authorization form as authorizing agent shall be deemed to
warrant the truthfulness of any facts set forth in the cremation
authorization form, including the identity of the deceased whose
remains are sought to be cremated and that person's authority to
order such cremation.
(b) A crematory licensee shall have authority to
cremate human remains only upon the receipt of a cremation
authorization form signed by an authorizing agent. There shall
be no liability of a crematory licensee that cremates human
remains pursuant to such authorization or that releases or
disposes of the cremated remains pursuant to such authorization.
A crematory licensee and funeral establishment or licensee
thereof who causes the crematory licensee to act shall have no
liability for the final disposition or manner in which the
cremated remains are handled after the cremated remains are
released in accordance with the directions of the authorizing
agent.
(c) A crematory licensee shall not be responsible
or liable for any valuables delivered to the crematory licensee
with human remains.
(d) A crematory licensee shall not be liable for
refusing to accept a body or to perform a cremation until it
receives a court order or other suitable confirmation that a
dispute has been settled if:
(1) It is aware of any dispute concerning
the cremation of human remains;
(2) It has a reasonable basis for
questioning any of the representations made by the
authorizing agent; or
(3) For any other lawful reason.
(e) If a crematory licensee is aware of any
dispute concerning the release or disposition of the cremated
remains, the crematory licensee may refuse to release the
cremated remains until the dispute has been resolved or the
crematory licensee has been provided with a court order
authorizing the release or disposition of the cremated remains.
A crematory licensee shall not be liable for refusing to release
or dispose of cremated remains in accordance with this
subsection. A crematory licensee may charge a reasonable storage
fee if the dispute is not resolved within 30 days after it is
received by the crematory licensee.
"§ 90-210.48. Fees.
(a) The Board may set and collect
fees not to exceed the following amounts from licensed crematory
operators and applicants:
(1)Licensee application f
ee
$400.00
(2)Annual renewal fee
150.00
(3)Late renewal penalty
75.00
(4)Re-inspection fee
100.00
(5)Per cremation
fee.
10.00
(6)Late fee, per crematio
n.
10.00
(7)Late fee, cremation re
port 75.00 per
month.
(b) The funds collected pursuant to
this Article shall become part of the general fund of the Board.
The cost of the maintenance of the Crematory Authority shall be
deemed a general expense of the Board. The Board shall keep an
accurate accounting of all the receipts and expenditures made
pursuant to this Article and shall provide a current report of
such to the Crematory Authority biannually.
"§ 90-210.52. Fees.
(a) The Board may set and collect fees not to
exceed the following amounts from crematory licensees, crematory
manager permit holders, and applicants:
(1) Licensee application fee
$400.00
(2) Annual renewal fee
150.00
(3) Late renewal fee
75.00
(4) Reinspection fee
100.00
(5) Per cremation fee
10.00
(6) Late fee, per cremation
10.00
(7) Late fee, cremation report
75.00 per month
(8)Crematory manager permit application
fee 150.00
(9)Annual crematory manager permit renewal
fee
40.00.
(b) The funds collected pursuant to this Article
shall become part of the general fund of the Board.
"§ 90-210.49. Crematory operator
authority.
(a) A crematory operator may employ
a licensed funeral director for the purpose of arranging
cremations with the general public, transporting human remains
to the crematory, and processing all necessary paper work.
Nothing in this provision may be construed to require a licensed
funeral director to perform any functions not otherwise required
by law to be performed by a licensed funeral director.
(b) A crematory operator may adopt
reasonable rules consistent with this Article for the management
and operation of a crematory. Nothing in this subsection may be
construed to prevent a crematory operator from adopting rules
which are more stringent than the provisions of this
Article.
(c) Nothing in this Article shall
prohibit or require the performance of cremations by crematory
operators for or directly with the public, or exclusively for or
through licensed funeral directors.
(d) Nothing in this Article may be
construed to prohibit a crematory operator from transporting
human remains.
(e) Nothing in this Article may be
construed to relieve the holder of a license issued hereunder
from obtaining any other licenses or permits required by
law.
"§ 90-210.53. Crematory licensee rights.
(a) A crematory licensee may adopt reasonable
rules consistent with this Article for the management and
operation of a crematory. Nothing in this subsection may be
construed to prevent a crematory licensee from adopting rules
which are more stringent than the provisions of this
Article.
(b) Nothing in this Article may be construed to
relieve the crematory licensee from obtaining any other licenses
or permits required by law.
(c) Nothing in this Article shall prohibit or
require the performance of cremations by crematory licensees or
crematory managers for or directly with the public or
exclusively for or through licensed funeral directors.
"§ 90-210.50. Rule making; applicability;
violations; and prohibitions of Article.
(a) The Board is authorized to
adopt and promulgate such rules for the carrying out and
enforcement of the provisions of this Article as may be
necessary and as are consistent with the laws of this State and
of the United States. The Board shall adopt rules only after
consideration of the Crematory Authority's suggested rules
pursuant to G.S. 90-210.42(a). The Board may perform such other
acts and exercise such other powers and duties as may be
provided in this Article, in Article 13A of this Chapter, and
otherwise by law and as may be necessary to carry out the powers
herein conferred.
(b) The provisions of this Article
shall not apply to the cremation of human remains and medical
waste performed by the North Carolina Anatomical Commission,
licensed hospitals and medical schools, and the office of the
Chief Medical Examiner when the disposition of such human
remains and medical waste is the legal responsibility of said
institutions.
(c) A violation of any of the
provisions of this Article is a Class 2 misdemeanor.
(d) No person, firm, or corporation
may request or authorize cremation or cremate a dead human body
when he has information indicating a crime or violence of any
sort in connection with the cause of death unless such
information has been conveyed to the State or county medical
examiner and permission from the State or county medical
examiner to cremate has thereafter been obtained.
"§ 90-210.54. Rulemaking, applicability, violations, and
prohibitions of Article.
(a) The Board is authorized to adopt and
promulgate such rules for the carrying out and enforcement of
the provisions of this Article as may be necessary and as are
consistent with the laws of this State and of the United States.
The Board may develop a Standard Cremation Authorization Form
and procedures for its execution that shall be used by the
crematory licensee subject to this Article, unless a crematory
has its own form approved by the Board. A crematory licensee
that uses its own approved cremation authorization form must
have the cremation authorization form reapproved if changed or
after amendments are made to this Article or the rules adopted
by the Board related to cremation authorization forms. The Board
may perform such other acts and exercise such other powers and
duties as may be provided in this Article, in Article 13A of
this Chapter, and otherwise by law and as may be necessary to
carry out the powers herein conferred.
(b) The provisions of this Article shall not apply
to the cremation of medical waste performed by the North
Carolina Anatomical Commission, licensed hospitals and medical
schools, and the office of the Chief Medical Examiner when the
disposition of such medical waste is the legal responsibility of
the institutions.
(c) A violation of any of the provisions of this
Article is a Class 2 misdemeanor.
(d) No person, firm, or corporation may request or
authorize cremation or cremate human remains when the person,
firm, or corporation has information indicating a crime or
violence of any sort in connection with the cause of death
unless such information has been conveyed to the State or county
medical examiner and permission from the State or county medical
examiner to cremate the human remains has thereafter been
obtained."
SECTION 3. G.S. 90-210.20(e1) reads as
rewritten:
"(e1) "Funeral chapel" means a chapel or other facility
separate from the funeral establishment premises for the
primary purpose of reposing of dead human bodies,
visitation or funeral ceremony that is owned, operated, or
maintained by a funeral establishment or other licensee under
this Article, and that does not use the word "funeral" in its
name, on a sign, in a directory, in advertising or in any other
manner; in which or on the premises of which there is not
displayed or offered for sale any caskets or
other funeral merchandise; in which or on the premises of which
there is not located any funeral business office or a
preparation room; in which or on the premises
of which no funeral sales, financing, or arrangements are made;
and which no owner, operator, employee, or agent
thereof represents the chapel to be a funeral establishment."
SECTION 4. G.S. 90-210.22 reads as rewritten:
"§ 90-210.22. Required meetings of the Board.
The Board shall hold at least two four
meetings in each year at which examinations shall be
given to qualified applicants for licenses.year.
In addition, the Board may meet as often as the proper and
efficient discharge of its duties shall require. Five members
shall constitute a quorum."
SECTION 5.(a) G.S. 90-210.23(b) reads as
rewritten:
"§ 90-210.23. Powers and duties of the Board.
...
(b) The Board shall elect from its members a president, a
vice-president and a secretary, no two offices to be held by the
same person. The president and vice-president and secretary
shall serve for one year and until their successors shall be
elected and qualify. qualified. The
Board shall have authority to engage adequate staff as deemed
necessary to perform its duties."
SECTION 5.(b) G.S. 90-210.23 is amended by
adding the following new subsections to read:
"(h1)The Board shall have the power to acquire,
hold, rent, encumber, alienate, and otherwise deal with real
property in the same manner as a private person or corporation,
subject only to approval of the Governor and the Council of
State. Collateral pledged by the Board for an encumbrance is
limited to the assets, income, and revenues of the Board.
(h2) The Board may employ legal counsel and
clerical and technical assistance, and fix the compensation
therefor, and incur such other expenses as may be deemed
necessary in the performance of its duties and the enforcement
of the provisions of this Article or as otherwise required by
law and as may be necessary to carry out the powers herein
conferred."
SECTION 6. G.S. 90-210.24(a) reads as rewritten:
"§ 90-210.24. Inspector.
(a) The Board may appoint one or more agents who shall serve
at the pleasure of the Board and who shall have the title
"Inspector of the Board of Mortuary Science of North
Carolina".North Carolina Board of Funeral
Service." No person is eligible for appointment as inspector
unless at the time of his the
appointment he the person is
licensed under this Article as a funeral service licensee."
SECTION 7. G.S. 90-210.25 reads as rewritten:
"§ 90-210.25. Licensing.
(a) Qualifications, Examinations, Resident Traineeship and
Licensure. -
(1) To be licensed for the practice of funeral
directing under this Article, a person must:
a. Be at least 18 years of age.
b. Be of good moral character.
c. Be a graduate of a Funeral Director Program
at a mortuary science college approved by the
Board or a school of mortuary science
accredited by the American Board of Funeral
Service Education. Have completed a
minimum of 32 semester hours or 48 quarter
hours of instruction, including the subjects
set out in sub-part e.1. of this subdivision,
as prescribed by a mortuary science college
approved by the Board or a school of mortuary
science accredited by the American Board of
Funeral Service Education.
d. Have completed 12 months of resident
traineeship as a funeral director, pursuant to
the procedures and conditions set out in G.S.
90-210.25(a)(4), either before or after
satisfying the educational requirement under
sub-subdivision c. of this subdivision.
e. Have passed an oral or written funeral
director examination on the following
subjects:
1. Psychology, sociology, pathology,
funeral directing, business law,
funeral law, funeral management, and
accounting.
2. Repealed by 1997-399, s. 5.
3. Laws of North Carolina and rules of the
Board of Mortuary
Science and other agencies
dealing with the care, transportation and
disposition of dead human bodies.
(2) To be licensed for the practice of embalming under
this Article, a person must:
a. Be at least 18 years of age.
b. Be of good moral character.
c. Be a graduate of a mortuary science college
approved by the Board.
d. Have completed 12 months of resident
traineeship as an embalmer pursuant to the
procedures and conditions set out in G.S.
90-210.25(a)(4), either before or after
satisfying the educational requirement under
sub-subdivision c. of this subdivision.
e. Have passed an oral or written embalmer
examination on the following subjects:
1. Embalming, restorative arts, chemistry,
pathology, microbiology, and anatomy.
2. Repealed by 1997-399, s. 6.
3. Laws of North Carolina and rules of the
Board of Mortuary
Science and other agencies
dealing with the care, transportation and
disposition of dead human bodies.
(3) To be licensed for the practice of funeral service
under this Article, a person must:
a. Be at least 18 years of age.
b. Be of good moral character.
c. Be a graduate of and receive an associate
degree from a mortuary science college
approved by the Board or a school of mortuary
science accredited by the American Board of
Funeral Service Education. Have completed a
minimum of 32 60
semester hours or 48
90 quarter hours of
instruction, including the subjects set out in
sub-part e.1. of this subdivision, as
prescribed by a mortuary science college
approved by the Board or a school of mortuary
science accredited by the American Board of
Funeral Service Education.
d. Have completed 12 months of resident
traineeship as a funeral service licensee,
pursuant to the procedures and conditions set
out in G.S. 90-210.25(a)(4), either before or
after satisfying the educational requirement
under sub-subdivison c. of this subdivision.
e. Have passed an oral or written funeral service
examination on the following subjects:
1. Psychology, sociology, funeral directing,
business law, funeral law, funeral
management, and accounting.
2. Embalming, restorative arts, chemistry,
pathology, microbiology, and anatomy.
3. Repealed by 1997-399, s. 7.
4. Laws of North Carolina and rules of the
Board of Mortuary Science
and other agencies dealing with
the care, transportation and disposition
of dead human bodies.
(4) a. A person desiring to become a resident
trainee shall apply to the Board on a form
provided by the Board. The application shall
state that the applicant is not less than 18
years of age, of good moral character, and is
the graduate of a high school or the
equivalent thereof, and shall indicate the
licensee under whom the applicant expects to
train. A person training to become an embalmer
may serve under either a licensed embalmer or
a funeral service licensee. A person training
to become a funeral director may serve under
either a licensed funeral director or a
funeral service licensee. A person training to
become a funeral service licensee shall serve
under a funeral service licensee. The
application must be sustained by oath of the
applicant and be accompanied by the
appropriate fee. When the Board is satisfied
as to the qualifications of an applicant it
shall instruct the secretary to issue a
certificate of resident traineeship.
b. When a resident trainee leaves the proctorship
of the licensee under whom the trainee has
worked, the licensee shall file with the Board
an affidavit showing the length of time served
with the licensee by the trainee, and the
affidavit shall be made a matter of record in
the Board's office. The licensee shall deliver
a copy of the affidavit to the trainee.
c. A person who has not completed the traineeship
and wishes to do so under a licensee other
than the one whose name appears on the
original certificate may reapply to the Board
for approval, without payment of an
additional fee.approval.
d. A certificate of resident traineeship shall be
signed by the resident trainee and upon
payment of the renewal fee shall be renewable
one year after the date of original
registration; but the certificate may not be
renewed more than one time.
two times. The Board shall
mail to each registered trainee at his last
known address a notice that the renewal fee is
due and that, if not paid within 30 days of
the notice, the certificate will be canceled.
A penalty, late fee,
in addition to the renewal fee, shall be
charged for a late renewal, but the renewal of
the registration of any resident trainee who
is engaged in the active military service of
the United States at the time renewal is due
may, at the discretion of the Board, be held
in abeyance for the duration of that service
without penalties. No credit shall be allowed
for the 12-month period of resident
traineeship that shall have been completed
more than three five
years preceding the examination for a license.
e. All registered resident trainees shall report
to the Board at least once every month during
traineeship upon forms provided by the Board
listing the work which has been completed
during the preceding month of resident
traineeship. The data contained in the reports
shall be certified as correct by the licensee
under whom the trainee has served during the
period and by the licensed person who is
managing the funeral service establishment.
Each report shall list the following:
1. For funeral director trainees, the
conduct of any funerals during the
relevant time period,
2. For embalming trainees, the embalming of
any bodies during the relevant time
period,
3. For funeral service trainees, both of the
activities named in 1 and 2 of this
subsection, engaged in during the
relevant time period.
f. To meet the resident traineeship requirements
of G.S. 90-210.25(a)(1), G.S. 90-210.25(a)(2)
and G.S. 90-210.25(a)(3) the following must be
shown by the affidavit(s) of the licensee(s)
under whom the trainee worked:
1. That the funeral director trainee has,
under supervision, assisted in directing
at least 25 funerals during the resident
traineeship,
2. That the embalmer trainee has, under
supervision, assisted in embalming at
least 25 bodies during the resident
traineeship,
3. That the funeral service trainee has,
under supervision
supervision, assisted in
directing at least 25 funerals and, under
supervision, assisted in embalming at
least 25 bodies during the resident
traineeship.
g. The Board may suspend or revoke a certificate
of resident traineeship for violation of any
provision of this Article.
h. Each sponsor for a registered resident trainee
must during the period of sponsorship be
actively employed with a funeral
establishment. The traineeship shall be a
primary vocation of the trainee.
i. Only one resident trainee may register and
serve at any one time under any one person
licensed under this Article.
j., k. Repealed by Session Laws 1991, c. 528, s.
4.
l. The Board shall register no more than one
resident trainee at a funeral establishment
that served 100 or fewer families during the
12 months immediately preceding the date of
the application, and shall register no more
than one resident trainee for each additional
100 families served at the funeral
establishment during the 12 months immediately
preceding the date of the application.
(5) The Board by regulation may recognize other
examinations that the Board deems equivalent to its
own.
a. All licenses shall be signed by the president
and secretary of the Board and the seal of the
Board affixed thereto. All licenses shall be
issued, renewed or duplicated for a period not
exceeding one year upon payment of the renewal
fee, and all licenses, renewals or duplicates
thereof shall expire and terminate the
thirty-first day of December following the
date of their issue unless sooner revoked and
canceled; provided, that the date of
expiration may be changed by unanimous consent
of the Board and upon 90 days' written notice
of such change to all persons licensed for the
practice of funeral directing, embalming and
funeral service in this State.
b. The holder of any license issued by the Board
who shall fail to renew the same on or before
January 31February 1
of the calendar year for which the license is
to be renewed shall have forfeited and
surrendered the license as of that date. No
license forfeited or surrendered pursuant to
the preceding sentence shall be reinstated by
the Board unless it is shown to the Board that
the applicant has, throughout the period of
forfeiture, engaged full time in another state
of the United States or the District of
Columbia in the practice to which his North
Carolina license applies and has completed for
each such year continuing education
substantially equivalent in the opinion of the
Board to that required of North Carolina
licensees; or has completed in North Carolina
a total number of hours of accredited
continuing education computed by multiplying
five times the number of years of forfeiture;
or has passed the North Carolina examination
for the forfeited license. No additional
resident traineeship shall be required. The
applicant shall be required to pay all
delinquent annual renewal fees and a
reinstatement fee. The Board may waive the
provisions of this section for an applicant
for a forfeiture which occurred during his
service in the armed forces of the United
States provided he applies within six months
following severance therefrom.
c. All licensees now or hereafter licensed in
North Carolina shall take continuing
education courses of study
in subjects relating to the practice
of the profession for which they are licensed,
to the end that new techniques,
scientific and clinical advances, the
achievements of research and the
benefits of learning and reviewing skills will
be utilized and applied to assure proper
service to the public.
d. As a prerequisite to the annual renewal of a
license, the licensee must complete, during
the year immediately preceding renewal, at
least five hours of continuing education
courses, of which the Board may require
licensees to take up to two hours specified by
the Board. All continuing education courses
must be approved by the Board prior to
enrollment. A licensee who completes more than
five hours in a year may carry over a maximum
of five hours as a credit to the following
year's requirement. A licensee who is issued
an initial license on or after July 1 does not
have to satisfy the continuing education
requirement for that year.
e. The Board shall not renew a license unless
fulfillment of the continuing education
requirement has been certified to it on a form
provided by the Board, but the Board may waive
this requirement for renewal in cases of
certified illness or undue hardship or where
the licensee lives outside of North Carolina
and does not practice in North Carolina, and
the Board shall waive the requirement for all
licensees who were licensed on or before
December 31, 2003, and have been licensed
in North Carolina for a continuous period of
25 years or more, for all licensees who are
licensed on or after January 1, 2004, who have
been licensed for a continuous period of 25
years or more and have attained the age of 60
years, and for all licensees who are, at
the time of renewal, members of the General
Assembly.
f. The Board shall cause to be established and
offered to the licensees, each calendar year,
at least five eight
hours of continuing education
courses in subjects encompassing the
license categories of embalming, funeral
directing and funeral
service.courses. The Board may
charge licensees attending these courses a
reasonable registration fee in order to meet
the expenses thereof and may also meet those
expenses from other funds received under the
provisions of this Article.
g. Any person who having been previously licensed
by the Board as a funeral director or embalmer
prior to July 1, 1975, shall not be required
to satisfy the requirements herein for
licensure as a funeral service licensee, but
shall be entitled to have such license renewed
upon making proper application therefor and
upon payment of the renewal fee provided by
the provisions of this Article. Persons
previously licensed by the Board as a funeral
director may engage in funeral directing, and
persons previously licensed by the Board as an
embalmer may engage in embalming. Any person
having been previously licensed by the Board
as both a funeral director and an embalmer may
upon application therefor receive a license as
a funeral service licensee.
h. The Department of Justice may provide a
criminal record check to the Board for a
person who has applied for a new or renewal
license, or certification through the Board.
The Board shall provide to the Department of
Justice, along with the request, the
fingerprints of the applicant, any additional
information required by the Department of
Justice, and a form signed by the applicant
consenting to the check of the criminal record
and to the use of the fingerprints and other
identifying information required by the State
or national repositories. The applicant's
fingerprints shall be forwarded to the State
Bureau of Investigation for a search of the
State's criminal history record file, and the
State Bureau of Investigation shall forward a
set of the fingerprints to the Federal Bureau
of Investigation for a national criminal
history check. The Board shall keep all
information pursuant to this subdivision
privileged, in accordance with applicable
State law and federal guidelines, and the
information shall be confidential and shall
not be a public record under Chapter 132 of
the General Statutes.
The Department of Justice may charge each
applicant a fee for conducting the checks of
criminal history records authorized by this
subdivision.
(a1)Inactive Licenses. - Any person holding a license issued
by the Board for funeral directing, for embalming, or for the
practice of funeral service may apply for an inactive license in
the same category as the active license held. The inactive
license is renewable annually. Continuing education is not
required for the renewal of an inactive license. The only
activity that a holder of an inactive license may engage in is
to vote pursuant to G.S. 90-210.18(c)(2). The holder of an
inactive license may apply for an active license in the same
category, and the Board shall issue an active license if the
applicant has completed in North Carolina a total number of
hours of accredited continuing education equal to five times the
number of years the applicant held the inactive license. No
application fee is required for the reinstatement of an active
license pursuant to this subsection. The holder of an inactive
license who returns to active status shall surrender the
inactive license to the Board.
(a2) In order to engage in the practice of funeral
directing or funeral service, such a licensee must own, be
employed by, or otherwise be an agent of a licensed funeral
establishment; except that such a licensee may practice funeral
directing or funeral service if:
(1) Employed by a college of mortuary
science; or
(2) The licensee:
a. Maintains all of his or her business
records at a location made known to the Board
and available for inspection by the Board
under the same terms and conditions as the
business records of a licensed funeral
establishment;
b. Complies with rules and regulations
imposed on funeral establishments and the
funeral profession that are designed to
protect consumers, to include, but not be
limited to, the Federal Trade Commission's
laws and rules requiring General Price Lists
and Statements of Goods and Services; and
c. Pays to the Board the funeral
establishment license fee required by law and
set by the Board.
Nothing in this subdivision shall preclude a
licensee from arranging cremations and cremating
human remains while employed by a crematory.
(b) Persons Licensed under the Laws of Other Jurisdictions. -
(1) The Board shall grant licenses to funeral
directors, embalmers and funeral service licensees,
licensed in other states, territories, the District
of Columbia, and foreign countries, when it is
shown that the applicant holds a valid license as a
funeral director, embalmer or funeral service
licensee issued by the other jurisdiction, has
demonstrated knowledge of the laws and
regulations rules governing
the profession in North Carolina and has submitted
proof of his good moral character; and either that
the applicant has continuously practiced the
profession in the other jurisdiction for at least
three years immediately preceding his application,
or the Board has determined that the licensing
requirements for the other jurisdiction are
substantially similar to those of North Carolina.
(2) The Board shall periodically review the mortuary
science licensing requirements of other
jurisdictions and shall determine which licensing
requirements are substantially similar to the
requirements of North Carolina.
(3) The Board may issue special permits, to be known as
courtesy cards, permitting nonresident funeral
directors, embalmers and funeral service licensees
to remove bodies from and to arrange and direct
funerals and embalm bodies in this State, but these
privileges shall not include the right to establish
a place of business in or engage generally in the
business of funeral directing and embalming in this
State. Except for special permits issued by the
Board for teaching continuing education programs
and for work in connection with disasters, no
special permits may be issued to nonresident
funeral directors, embalmers, and funeral service
licensees from states that do not issue similar
courtesy cards to persons licensed in North
Carolina pursuant to this Article.
(c) Registration, Filing and Transportation. -
(1) The holder of any license granted by this State for
those within the funeral service profession or
renewal thereof provided for in this Article shall
cause registration to be filed in the office of the
board of health of the county or city in which he
practices his profession, or if there be no board
of health in such county or city, at the office of
the clerk of the superior court of such county. All
such licenses, certificates, duplicates and
renewals thereof shall be displayed in a
conspicuous place in the funeral establishment
where the holder renders service.
(2) It shall be unlawful for any railway agent, express
agency, baggage master, conductor or other person
acting as such, to receive the dead body of any
person for shipment or transportation by railway or
other public conveyance, to a point outside of this
State, unless the body is accompanied by a
burial-transit permit.
(3) The "transportation or removal of a dead human
body" shall mean the removal of a dead human body
for a fee from the location of the place of death
or discovery of death or the transportation of the
body to or from a medical facility, funeral
establishment or facility, crematory or related
holding facility, place of final disposition, or
place designated by the Medical Examiner for
examination or autopsy of the dead human body.
(4) Any individual, not otherwise exempt from this
subsection, shall apply for and receive a permit
from the Board before engaging in the
transportation or removal of a dead human body in
this State. Unless otherwise exempt from this
subsection, no corporation or other business entity
shall engage in the transportation or removal of a
dead human body unless it has in its employ at
least one individual who holds a permit issued
under this section. No individual permit holder
shall engage in the transportation or removal of a
dead human body for more than one person, firm, or
corporation without first providing the Board with
written notification of the name and physical
address of each such employer.
(5) The following persons shall be exempt from the
permit requirements of this section but shall
otherwise be subject to subdivision (9) of this
subsection and any rules relating to the proper
handling, care, removal, or transportation of a
dead human body:
a. Licensees under this Article and their
employees.
b. Employees of common carriers.
c. Except as provided in sub-subdivision (6)c. of
this section, employees of the State and its
agencies and employees of local governments
and their agencies.
d. Funeral directors licensed in another state
and their employees.
(6) The following persons shall be exempt from this
section:
a. Emergency medical technicians, rescue squad
workers, volunteer and paid firemen, and law
enforcement officers.
b. Employees of public or private hospitals,
nursing homes, or long-term care facilities,
while handling a dead human body within such
facility or while acting within the scope of
their employment.
c. State and county medical examiners and their
investigators.
d. Any individual transporting cremated remains.
e. Any individual transporting or removing a dead
human body of their immediate family or next
of kin.
f. Any individual who has exhibited special care
and concern for the decedent.
(7) Individuals eligible to receive a permit under this
section for the transportation or removal of a dead
human body for a fee, shall:
a. Be at least 18 years of age.
b. Possess and maintain a valid drivers license
issued by this State and provide proof of all
liability insurance required for the
registration of any vehicle in which the
person intends to engage in the business of
the removal or transportation of a dead human
body.
c. Affirmatively state under oath that the person
has read and understands the statutes and
rules relating to the removal and
transportation of dead human bodies and any
guidelines as may be adopted by the Board.
d. Provide three written character references on
a form prescribed by the Board, one of which
must be from a licensed funeral director.
e. Be of good moral character.
(8) The permit issued under this section shall expire
on December 31 of each year. The application fee
for the individual permit shall not exceed one
hundred twenty-five dollars ($125.00). A fee, not
to exceed one hundred dollars ($100.00), in
addition to the renewal fee not to exceed
seventy-five dollars ($75.00), shall be charged for
any application for renewal received by the Board
after February 1 of each year.
(9) No person shall transport a dead human body in the
open cargo area or passenger area of a vehicle or
in any vehicle in which the body may be viewed by
the public. Any person removing or transporting a
dead human body shall either cover the body, place
it upon a stretcher designed for the purpose of
transporting humans or dead human bodies in a
vehicle, and secure such stretcher in the vehicle
used for transportation, or shall enclose the body
in a casket or container designed for common
carrier transportation, and secure the casket or
container in the vehicle used for transportation.
No person shall fail to treat a dead human body
with respect at all times. use
profanity, indecent, or obscene language in the
presence of a dead human body. No person
shall take a photograph or video recording of a
dead human body without the consent of a member of
the deceased's immediate family or next of
kin.kin or other authorizing
agent.
(10) The Board may adopt rules under this section
including permit application procedures and the
proper procedures for the removal, handling, and
transportation of dead human bodies. The Board
shall consult with the Office of the Chief Medical
Examiner before initiating rule making under this
section and before adopting any rules pursuant to
this section. Nothing in this section prohibits the
Office of the Chief Medical Examiner from adopting
policies and procedures regarding the removal,
transportation, or handling of a dead human body
under the jurisdiction of that office that are more
stringent than the laws in this section or any
rules adopted under this section. Any violation of
this section or rules adopted under this section
may be punished by the Board by a suspension or
revocation of the permit to transport or remove
dead human bodies or by a term of probation. The
Board may, in lieu of any disciplinary measure,
accept a penalty not to exceed five thousand
dollars ($5,000) per violation.
(11) Each applicant for a permit shall provide the Board
with the applicant's home address, name and address
of any corporation or business entity employing
such individual for the removal or transportation
of dead human bodies, and the make, year, model,
and license plate number of any vehicle in which a
dead human body is transported. A permittee shall
provide written notification to the Board of any
change in the information required to be provided
to the Board by this section or by the application
for a permit within 30 days after such change takes
place.
(12) If any person shall engage in or hold himself out
as engaging in the business of transportation or
removal of a dead human body without first having
received a permit under this section, the person
shall be guilty of a Class 2 misdemeanor.
(13) The Board shall have the authority to inspect any
place or premises that the business of removing or
transporting a dead human body is carried out and
shall also have the right of inspection of any
vehicle and equipment used by a permittee for the
removal or transportation of a dead human body.
(d) Establishment Permit. -
(1) No person, firm or corporation shall conduct,
maintain, manage or operate a funeral establishment
unless a permit for that establishment has been
issued by the Board and is conspicuously displayed
in the establishment. Each funeral establishment at
a specific location shall be deemed to be a
separate entity and shall require a separate permit
and compliance with the requirements of this
Article.
(2) A permit shall be issued when:
a. It is shown that the funeral establishment has
in charge a person, known as a manager,
licensed for the practice of funeral directing
or funeral service, who shall not be permitted
to manage more than one funeral establishment.
b. The Board receives a list of the names of all
part-time and full-time licensees employed by
the establishment.
c. It is shown that the funeral establishment
satisfies the requirements of G.S. 90-210.27A.
d. The Board receives payment of the permit fee.
(3) Applications for funeral establishment permits
shall be made on forms provided by the Board and
filed with the Board by the owner, a partner, a
member of the limited liability company, or an
officer of the corporation by January 1 of each
year, and shall be accompanied by the application
fee or renewal fee, as the case may be. All permits
shall expire on December 31 of each year. If the
renewal application and renewal fee are not
received in the Board's office on or before
February 1, a late renewal fee, A
penalty for late renewal, in addition to
the regular renewal fee, shall be charged
for renewal of registration received after the
first day of February.charged.
(4) The Board may suspend or revoke a permit when an
owner, partner, manager, member, operator, or
officer of the funeral establishment violates any
provision of this Article or any regulations of the
Board, or when any agent or employee of the funeral
establishment, with the consent of any person, firm
or corporation operating the funeral establishment,
violates any of those provisions, rules or
regulations.
(5) Funeral establishment permits are not transferable.
A new application for a permit shall be made to the
Board within 30 days of a change of ownership of a
funeral establishment.
(d1)Embalming Outside Establishment. - An embalmer who
engages in embalming in a facility other than a funeral
establishment or in the residence of the deceased person shall,
no later than January 1 of each year, register the facility with
the Board on forms provided by the Board.
(e) Revocation; Suspension; Compromise; Disclosure. -
(1) Whenever the Board finds that an applicant for a
license or a person to whom a license has been
issued by the Board is guilty of any of the
following acts or omissions and the Board also
finds that the person has thereby become unfit to
practice, the Board may suspend or revoke the
license or refuse to issue or renew the license, in
accordance with the procedures set out in Chapter
150B:150B of the General
Statutes:
a. Conviction of a felony or a crime involving
fraud or moral turpitude.
b. Fraud or misrepresentation in obtaining or
renewing a license or in the practice of
funeral service.
c. False or misleading advertising as the holder
of a license.
d. Solicitation of dead human bodies by the
licensee, his agents, assistants, or
employees; but this paragraph shall not be
construed to prohibit general advertising by
the licensee.
e. Employment directly or indirectly of any
resident trainee agent, assistant or other
person, on a part-time or full-time basis, or
on commission, for the purpose of calling upon
individuals or institutions by whose influence
dead human bodies may be turned over to a
particular licensee.
f. The direct or indirect giving of
certificates of credit or the payment
or offer of payment of a commission by the
licensee, his agents, assistants or employees
for the purpose of securing
business.business except
as authorized by Article 13D of this
Chapter.
g. Gross immorality, including being under the
influence of alcohol or drugs while practicing
funeral service.
h. Aiding or abetting an unlicensed person to
perform services under this Article, including
the use of a picture or name in connection
with advertisements or other written material
published or caused to be published by the
licensee.
i. Failing to treat a dead human body with
respect at all times. Using
profane, indecent or obscene language in the
presence of a dead human body, and within the
immediate hearing of the family or relatives
of a deceased, whose body has not yet been
interred or otherwise disposed of.
j. Violating or cooperating with others to
violate any of the provisions of this Article,
the rules and regulations of the Board, or the
standards set forth in Funeral Industry
Practices, 16 C.F.R. 453 (1984), as amended
from time to time.
k. Violation of any State law or municipal or
county ordinance or regulation affecting the
handling, custody, care or transportation of
dead human bodies.
l. Refusing to surrender promptly the custody of
a dead human body upon the express order of
the person lawfully entitled to the custody
thereof.
m. Knowingly making any false statement on a
certificate of death.
n. Indecent exposure or exhibition of a dead
human body while in the custody or control of
a licensee.
In any case in which the Board is entitled to
suspend, revoke or refuse to renew a license, the
Board may accept from the licensee an offer to pay
a penalty of not more than five thousand dollars
($5,000). The Board may either accept a penalty or
revoke or refuse to renew a license, but not both.
(2) Where the Board finds that a licensee is guilty of
one or more of the acts or omissions listed in
subdivision (e)(1) of this section but it is
determined by the Board that the licensee has not
thereby become unfit to practice, the Board may
place the licensee on a term of probation in
accordance with the procedures set out in Chapter
150B.150B of the General
Statutes. In any case in which the Board is
entitled to place a licensee on a term of
probation, the Board may also impose a penalty of
not more than five thousand dollars ($5,000) in
conjunction with the probation.
No person licensed under this Article shall remove or cause
to be embalmed a dead human body when he or she has information
indicating crime or violence of any sort in connection with the
cause of death, nor shall a dead human body be cremated, until
permission of the State or county medical examiner has first
been obtained. However, nothing in this Article shall be
construed to alter the duties and authority now vested in the
office of the coroner.
No funeral service establishment shall accept a dead human
body from any public officer (excluding the State or county
medical examiner or his agent), or employee or from the official
of any institution, hospital or nursing home, or from a
physician or any person having a professional relationship with
a decedent, without having first made due inquiry as to the
desires of the persons who have the legal authority to direct
the disposition of the decedent's body. If any persons are
found, their authority and directions shall govern the disposal
of the remains of the decedent. Any funeral service
establishment receiving the remains in violation of this
subsection shall make no charge for any service in connection
with the remains prior to delivery of the remains as stipulated
by the persons having legal authority to direct the disposition
of the body. This section shall not prevent any funeral service
establishment from charging and being reimbursed for services
rendered in connection with the removal of the remains of any
deceased person in case of accidental or violent death, and
rendering necessary professional services required until the
persons having legal authority to direct the disposition of the
body have been notified.
When and where a licensee presents a selection of funeral
merchandise to the public to be used in connection with the
service to be provided by the licensee or an establishment as
licensed under this Article, a card or brochure shall be
directly associated with each item of merchandise setting forth
the price of the service using said merchandise and listing the
services and other merchandise included in the price, if any.
When there are separate prices for the merchandise and services,
such cards or brochures shall indicate the price of the
merchandise and of the items separately priced.
At the time funeral arrangements are made and prior to the
time of rendering the service and providing the merchandise, a
funeral director or funeral service licensee shall give or cause
to be given to the person or persons making such arrangements a
written statement duly signed by a licensee of said funeral
establishment showing the price of the service as selected and
what services are included therein, the price of each of the
supplemental items of services or merchandise requested, and the
amounts involved for each of the items for which the funeral
establishment will advance moneys as an accommodation to the
person making arrangements, insofar as any of the above items
can be specified at that time. The statement shall have printed,
typed or stamped on the face thereof: "This statement of
disclosure is provided under the requirements of North Carolina
G.S. 90-210.25(e)."
(f) Unlawful Practices. - If any person shall practice or
hold himself out as practicing the profession or art of
embalming, funeral directing or practice of funeral service
without having complied with the licensing provisions of this
Article, he shall be guilty of a Class 2 misdemeanor.
(g) Whenever it shall appear to the Board that any person,
firm or corporation has violated, threatens to violate or is
violating any provisions of this Article, the Board may apply to
the courts of the State for a restraining order and injunction
to restrain these practices. If upon application the court finds
that any provision of this Article is being violated, or a
violation is threatened, the court shall issue an order
restraining and enjoining the violations, and this relief may be
granted regardless of whether criminal prosecution is instituted
under the provisions of this subsection. The venue for actions
brought under this subsection shall be the superior court of any
county in which the acts are alleged to have been committed or
in the county where the defendant in the action resides."
SECTION 8.(a) Chapter 65 of the General Statutes
is amended by adding the following new Article to read:
"Article 11.
"Minimum Burial Depth."
SECTION 8.(b) G.S. 90-210.25A is recodified as
G.S. 65-77 in Article 11 of Chapter 65 of the General Statutes,
as enacted by Section 8(a) of this act.
SECTION 9.(a) G.S. 90-210.27A(g) reads as
rewritten:
"(g)No funeral establishment or other licensee under this
Article shall own, operate, or maintain a funeral chapel without
first having registered the name, location, and ownership
thereof with the Board.Board; own or
maintain more than two funeral chapels, or own or maintain a
funeral chapel outside of a radius of 50 miles from the funeral
establishment. A duly licensed person may use a funeral chapel
for making arrangements for funeral service, selling funeral
supplies to the public, or making financial arrangements for the
rendering of such service or sale of supplies, provided that
such uses are secondary and incidental to and do not interfere
with the reposing of dead human bodies, visitation, or funeral
ceremony."
SECTION 9.(b) G.S. 90-210.27A is amended by
adding the following new subsections to read:
"(i) No funeral establishment shall use an
unregistered or misleading name. Misleading names include, but
are not limited to, names in the plural form when there is only
one funeral establishment and the use of the word "crematory" or
"crematorium" in the name of a funeral establishment that does
not own a crematory. If an owner of a funeral establishment owns
more than one funeral establishment, the owner may not use the
word "crematory" or "crematorium" in the name of more than one
of its funeral establishments; except that each funeral home
having a crematory on the premises may contain the term
"crematory" or "crematorium" in its name.
(j) A funeral establishment will not use any name
other than the name by which it is properly registered with the
Board."
SECTION 10. G.S. 90-210.29A reads as rewritten:
"§ 90-210.29A. Identification of bodies before burial or
cremation.
The funeral director or person otherwise responsible for the
final disposition of a dead body shall, prior to the interment
or entombment of the dead body, affix on the ankle or wrist of
the dead body, or, if cremated, on the inside of the
vessel temporary container or urn
containing the remains of the dead body, a tag of durable,
noncorroding material permanently marked with the name of the
deceased, the date of death, the social security number of the
deceased, the county and state of death, and the site of
interment or entombment."
SECTION 11. G.S. 90-210.63(a)(2) reads as
rewritten:
"§ 90-210.63. Substitution of licensee.
(a) If the preneed funeral contract is irrevocable, the
preneed funeral contract purchaser, or after his death the
preneed funeral contract beneficiary or his legal
representative, upon written notice to the financial institution
or insurance company and the preneed licensee who is a party to
the preneed funeral contract, may direct the substitution of a
different funeral establishment to furnish funeral services and
merchandise.
...
(2) The original contracting preneed licensee shall
immediately pay all funds received to the successor
funeral establishment designated. Regardless of
whether the substitution is made before or after
the death of the preneed funeral contract
beneficiary, the original contracting preneed
licensee shall not be required to give credit for
the amount retained pursuant to G.S.
90-210.61(a)(2), except when there was a
substitution under G.S. 90-210.68(d1) and (e).
Except when there was a substitution under
G.S. 90-210.68(d1) and (e), if the original
contracting preneed licensee did not retain any
portion of payments made as is permitted by G.S.
90-210.61(a)(2) then the preneed licensee may
retain up to ten percent (10%) of the funds
received from the financial institution.
Upon making payments pursuant to this subsection,
the financial institution and the original
contracting preneed licensee shall be relieved from
all further contractual liability thereon.
...."
SECTION 12. G.S. 90-210.64(a) reads as
rewritten:
"(a)After the death of a preneed funeral contract beneficiary
and full performance of the preneed funeral contract by the
preneed licensee, the preneed licensee shall promptly complete a
certificate of performance or similar claim form
and present it to the financial institution that holds
funds in trust under G.S. 90-210.61(a)(1) or to the insurance
company that issued a preneed insurance policy pursuant to G.S.
90-210.61(a)(3). Upon receipt of the certificate of performance
or similar claim form, the financial institution shall pay the
trust funds to the contracting preneed licensee and the
insurance company shall pay the insurance proceeds according to
the terms of the policy. Within 10 days after receiving payment,
the preneed licensee shall mail a copy of the certificate of
performance or other claim form to the Board."
SECTION 13. G.S. 90-210.65(e) reads as
rewritten:
"(e)This section shall not apply to irrevocable preneed
funeral contracts. Irrevocable preneed funeral contracts may not
be revoked nor any proceeds refunded except by order of a court
of competent jurisdiction. Notwithstanding the previous
sentence, irrevocable preneed funeral contracts purchased
pursuant to G.S. 90-210.61(a)(3) shall also be revocable when
the underlying insurance policy lapses or is otherwise cancelled
and the lapsed or cancelled policy no longer provides any
funding for the preneed funeral contract."
SECTION 14. G.S. 90-210.67(e) and (f) are
repealed.
SECTION 15. G.S. 90-210.70 is amended by adding
the following new subsection to read:
"(e) Whenever it shall appear to the Board that any
person, firm, or corporation has violated, threatens to violate,
or is violating any provisions of this Article, the Board may
apply to the courts of the State for a restraining order and
injunction to restrain these practices. If upon application the
court finds that any provision of this Article is being
violated, or a violation is threatened, the court shall issue an
order restraining and enjoining the violations, and this relief
may be granted regardless of whether criminal prosecution is
instituted under the provisions of this subsection. The venue
for actions brought under this subsection shall be the superior
court of any county in which the acts are alleged to have been
committed or in the county where the defendant in the action
resides."
SECTION 16. G.S. 143B-472.5, as recodified by
Section 17 of this act, reads as rewritten:
"§ 90-210.83. Assessments against association for
expenses of Board of Mortuary
Science.associations.
In order to meet the expenses of the supervision of
the burial associations, the Board of Mortuary Science shall
prepare an annual budget for the office of the Board of Mortuary
Science. Thereafter, the Board of Mortuary Science shall
The North Carolina Board of Funeral Service shall
annually assess each burial association one hundred dollars
($100.00) plus an amount not to exceed fifty cents (50¢) per
member. and shall prorate the remaining amount of
this budget, over and above any other funds made available to it
for this purpose, and assess each association on a pro rata
basis in accordance with the number of members of each
association. Each burial association shall remit to the
Board of Mortuary Science Funeral Service
its pro rata part of the total assessment,
which expense shall be included in the thirty per centum (30%)
expense allowance as provided in G.S. 143B-472.3.
90-210.81. This assessment shall be made on the
first day of July of each and every year and said assessment
shall be paid within 30 days thereafter. If any association
shall fail or refuse to pay such assessment within 30 days, the
Board of Mortuary Science Funeral
Service is authorized to transfer all memberships and assets
of every kind and description to the nearest association that is
found by the Board of Mortuary Science
Funeral Service to be in good sound financial
condition."
SECTION 17.(a) Chapter 90 of the General
Statutes is amended by adding the following new Article to read:
"Article 13E.
"Mutual Burial Associations."
SECTION 17.(b) G.S. 143B-472.2 through G.S.
143B-472.29 are recodified as G.S. 90-210.80 through G.S.
90-210.107 in Article 13E of Chapter 90 of the General Statutes,
as enacted by Section 17(a) of this act. The Revisor of
Statutes is authorized to make changes to statutory
cross-references that will reflect the results of the
recodification.
SECTION 18. This act becomes effective October
1, 2003.
In the General Assembly read three times and ratified
this the 18th day of July, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of
Representatives
s/ Michael F. Easley
Governor
Approved 1:10 p.m. this 14th day of August, 2003