CHAPTER 209

FORMERLY

SENATE BILL NO. 173

AN ACT TO AMEND CHAPTER 31, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF FUNERAL SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §3100, Title 24 of the Delaware Code by striking the words “and unlicensed” as the same appear in the last sentence of said section.

Section 2. Amend §3100, Title 24 of the Delaware Code by added the word “and” immediately following the word “licensed,” and before the words “formerly licensed” as the same appear in the last sentence of said section.

Section 3. Amend subsection (h), §3102, Title 24 of the Delaware Code by striking the word “additional” as the same appears in the first sentence of said subsection, and by substituting the word “addition” in lieu thereof.

Section 4. Amend subsection (h), §3102, Title 24 of the Delaware Code by adding the words “according to Division of Professional Regulation policy,” in the first sentence of said subsection immediately following the word “travel,” and before the word “and”.

Section 5. Amend §3104, Title 24 of the Delaware Code by adding the word “approved” immediately following the word “all” and before the word “applications”.

Section 6. Amend paragraph (3), subsection (a), §3105, Title 24 of the Delaware Code by striking said paragraph in its entirety and by substituting the following in lieu thereof:

“(3) Designate the written, standardized examination on funeral services, prepared by an independent testing service, recognized by the Conference of Funeral Service Examining Boards, or its successor, and approved by the Division. The examination shall be taken by all persons applying for licensure, except those applicants who qualify for licensure by reciprocity;”

Section 7. Amend paragraph (4), subsection (a), §3105, Title 24 of the Delaware Code by striking said paragraph in its entirety and by substituting the following in lieu thereof:

“(4) Designate a written, validated examination, prepared by an independent testing service and approved by the Division, based solely on the laws of Delaware governing the professional of funeral services. The Division shall administer the state examination.

Section 8. Amend paragraph (9), subsection (a), §3105, Title 24 of the Delaware Code by striking the last sentence of said paragraph beginning with the words “License renewal” and ending with the words “on licensees.”.

Section 9. Amend paragraph (5), subsection (a), §3105, Title 24 of the Delaware Code by redesignating current paragraph (5) as new paragraph (6), and by redesignating each succeeding paragraph accordingly.

Section 10. Amend §3105, Title 24 of the Delaware Code by adding thereto a new paragraph (5), which new paragraph shall read as follows:

“(5) Provide for the administration of examinations, including notice and information to applicants;”.

Section 11. Amend paragraph (1), subsection (a), §3107, Title 24 of the Delaware Code by adding the words “or its equivalent” immediately following the words “Associate Degree” and before the words “in mortuary science”.

Section 12. Amend paragraph (3), subsection (a), §3107, Title 24 of the Delaware Code by striking the words “and corrected” as the same appear in said paragraph.

Section 13. Amend paragraph (3), subsection (a), §3107, Title 24 of the Delaware Code by striking the words “and shall report all examination results to the Board” as the same appear in said paragraph.

Section 14. Amend paragraph (5), subsection (a), §3107, Title 24 o the Delaware Code by adding the following sentence immediately following the last sentence of said paragraph ending with the words “surrender of a license”:

“The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.”

Section 15. Amend subsection (b), §3109, Title 24 of the Delaware Code by striking said subsection in its entirety and by substituting the following in lieu thereof:

“(b) Section 3107(a)(1), (2) and (4) of this title shall not apply to persons validly licensed in another jurisdiction, who have practiced in another jurisdiction for at least three of the past five years.”.

Section 16. Amend subsection (c), §3111, Title 24 of the Delaware Code by striking the last sentence of said subsection in its entirety beginning with the words “Otherwise, licensure” and ending with the words “of this title.”.

Section 17. Amend the title of §3112 by striking said title in its entirety and by substituting the following in lieu thereof:

“§3112. Grounds for discipline.”

Section 18. Amend paragraph (9), subsection (a), §3112, Title 24 of the Delaware Cody by striking said paragraph in its entirety and by substituting the following in lieu thereof:

“(9) Has a physical condition such that the performance of funeral services is or may be injurious or prejudicial to the public.”.

Section 19. Amend paragraph (6), subsection (a), §3114, Title 24 of the Delaware Code by striking the words “in addition to suspension or revocation of a license” as the same appear in said paragraph.

Section 20. Amend paragraph (2), subsection (e), §3117, Title 24 of the Delaware Code by adding the words “of this state” in the first sentence of said paragraph immediately following the words “funeral director” and before the period (.).

Section 21. Amend subsection (a), §3120, Title 24 of the Delaware Code by striking the words “The interstate transportation of human remains form shall be designed by the Board and contain the following information:” and substituting the following in lieu thereof:

“The temporary interstate transportation of human remains form shall be designated by the Office of Vital Statistics and contain the following information:”

Section 22. Amend subsection (b), §3120, Title 24 of the Delaware Code by striking said subsection and substituting the following in lieu thereof:

“(b) The temporary interstate transportation of human remains form shall be issued to the receiving funeral director and a copy shall be retained by the issuing funeral director.”

Section 23. Amend subsection (c), §3120, Title 24 of the Delaware Code by adding the word “final” immediately following the word “the” and before the word “interstate”.

Approved July 20,1999