Public Law, Chapter 402, Part J, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART J

Sec. J-1. 32 MRSA §1401, sub-§1, ¶D, as amended by PL 1999, c. 590, §1, is further amended to read:

D. The agreement must be in writing and a copy must be furnished to the payor or the payor's legal representative by the payee when the agreement is executed. The agreement may be revocable or irrevocable; however, if irrevocable, there must be a provision to allow for the transfer of the account by the appointment of successor trustees. The agreement must clearly state the name of the initial financial institution or credit union into which the money will be deposited and must direct the payor to send a copy of the agreement to the named financial institution or credit union. The agreement must clearly state terms providing for disposition of excess funds after funeral goods and services have been provided. The agreement must clearly state any fees that may be charged against the account; fees must be reasonable, as defined by the board, and may be charged only:

(1) Upon transfer of the account by the appointment of a successor trustee;

(2) Upon revocation of the agreement if the agreement is revokable revocable; and

(3) For the actual financial and tax administration of the account.

The payee shall maintain a complete record of the deposit of all funds, including principal and interest. The record must be available for inspection by the payor, the payor's legal representative, the commissioner's designee or an inspector for the board and must contain the name and address of the financial institution or credit union currently in possession of the funds and the dates and amounts of deposits.

Sec. J-2. 32 MRSA §1451, as amended by PL 2001, c. 505, §1, is further amended to read:

§ 1451. Board; powers and duties

The State Board of Funeral Service, as established by Title 5, section 12004-A, subsection 18, and in this chapter called the "board," consists of 8 members, 5 of whom must be persons licensed for the practice of funeral service for 10 consecutive years or who have had 10 consecutive years' experience as a practitioner of funeral service in this State immediately preceding their appointment and 3 of whom must be representatives of the public members as defined in Title 5, section 12004-A. Members are appointed by the Governor for a term of 4 years. A national organization of retired persons may submit a list of applicants to the Governor for use in the selection process of one of the public members representing the public. Appointments of members must comply with Title 10, section 60 8009. A board member may be removed by the Governor for cause.

The board may adopt rules consistent with law governing the practice of funeral service, including but not limited to licensing or registration, or both, of practitioner trainees, practitioners of funeral service, funeral directors, embalmers, funeral attendants, funeral home establishments and branches. These rules do not become effective unless adopted in conformity with Title 5, chapter 375, subchapter II 2.

The board shall meet at least once a year to conduct its business and to elect its officers a chair. Additional meetings shall must be held as necessary to conduct the business of the board , and may be convened at the call of the chairman chair or a majority of the board members. Five members of the board shall constitute a quorum for all purposes.

The board shall keep a record of all proceedings, issue all notices , certificates of registration and licenses and may cause inspections to be made of all establishments or places of business of any person engaged in the profession of funeral service in the State, which may include the investigation of complaints or suspected violation of this chapter and the rules adopted by the board. The inspection may also be for the purpose of determining that these establishments and places are maintained in a clean and sanitary manner and that suitable equipment for their proper conduct is maintained and that the laws and the rules of the board relating to the conduct of these establishments are observed. The inspection may include a review of the financial records to determine compliance with the laws and rules of the board governing prearranged funeral services or plans. The inspection may be made by members of the board upon authorization by the board or by professional technical staff.

The board may enter into reciprocal agreements with corresponding boards of other states for the purpose of allowing the practitioners of funeral services to perform their licensed functions in this or other states under such terms and conditions as the boards may prescribe.

Sec. J-3. 32 MRSA §1451-A, as enacted by PL 1983, c. 413, §58, is repealed.

Sec. J-4. 32 MRSA §1452, as amended by PL 1983, c. 553, §31, is repealed.

Sec. J-5. 32 MRSA §1452-A, as enacted by PL 1977, c. 604, §16, is repealed.

Sec. J-6. 32 MRSA §1455-A, as amended by PL 1997, c. 210, §40 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.

Sec. J-7. 32 MRSA §1455-B is enacted to read:

§ 1455-B. Denial or refusal to renew license; disciplinary action

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

1. False advertising. False or misleading advertising as a practitioner of funeral service, funeral director or embalmer; advertising or using the name of a person in connection with that of any funeral establishment who is not licensed as a practitioner of funeral service, funeral director or embalmer;

2. Unauthorized solicitation of human remains. Solicitation of human remains by the licensee, or the licensee's agents, assistants or employees, whether that solicitation occurs after death or while death is impending. Nothing in this subsection may be construed to prohibit general advertising.

3. Unauthorized employment. Employment by the licensee of persons known as "cappers," "steerers," "solicitors" or other such persons to obtain the services of a licensee or one engaged in the practice of funeral service;

4. Unauthorized solicitation of human remains. Employment, directly or indirectly, of a practitioner trainee, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral establishment;

5. Unauthorized commission to secure business. The direct or indirect payment or offer of payment of a commission by the licensee or the licensee's agents, assistants or employees for the purpose of securing business;

6. Unauthorized commission; crematory, mausoleum or cemetery. Solicitation or acceptance by a licensee of any commission, bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery;

7. Refusal to surrender human remains. Refusing to promptly surrender the custody of human remains, upon the express order of the person lawfully entitled to the custody thereof;

8. Negligent filings. Negligent, careless or willful noncompliance with the laws relating to filing death certificates and obtaining burial permits; or

9. Abusive or disrespectful handling of human remains. Abuse or disrespect in the handling of human remains, or violation of any law or ordinance affecting the handling, custody, care or transportation of human remains.

Whoever violates any provision of this chapter or any rule prescribed by the board for the preparation, embalming, transportation or burial of any human remains commits a Class E crime.

Sec. J-8. 32 MRSA §1501, first ¶, as amended by PL 1989, c. 450, §22, is further amended to read:

The State Board of Funeral Service may determine the qualifications necessary to enable any person to lawfully engage in the funeral service profession and operate a funeral establishment. The board shall examine all applicants for licenses for the practice of funeral service and shall issue a license to all persons who successfully pass that examination and pay the fee as set under section 1504. To be licensed for the practice of funeral service under this chapter, a person must be at least 18 years of age, a resident of this State, have successfully completed a prescribed course at a school or schools approved by the State Board of Funeral Service and must have served as a practitioner trainee for not less than 12 months under the personal supervision of a person licensed for the practice of funeral service and approved by the board. Each applicant shall demonstrate trustworthiness and competency to engage in the profession of funeral service in such a manner as to safeguard the interests of the public.

Sec. J-9. 32 MRSA §1501, 2nd ¶, as enacted by PL 1989, c. 450, §22, is amended to read:

Each applicant for license or registration licensure as a practitioner of funeral service, funeral director or embalmer shall must be examined on the courses as outlined in the board's rules.

Sec. J-10. 32 MRSA §1503, as amended by PL 1983, c. 553, §33, is repealed.

Sec. J-11. 32 MRSA §1503-A, as amended by PL 1989, c. 450, §23, is further amended to read:

§ 1503-A. Practitioner trainee

In order for any person to receive credit for time served as a practitioner trainee, that person shall must have served 2,000 hours of employment with a funeral establishment approved by the State Board of Funeral Service under the instruction and supervision of a person licensed for the practice of funeral service and actively engaged in that practice, and must register be licensed as a practitioner trainee with the board on a form supplied by the board. Upon terminating employment, the practitioner trainee shall notify the board immediately, giving the date of termination. The practitioner trainee must repeat this procedure with all subsequent employers accurately showing the dates of beginning and of terminating apprenticeship employment. Before a funeral service license will may be issued, the practitioner trainee must file with the board a certification of the trainee time served, signed by the practitioner trainee's employer or employers, before a notary public. Practitioner trainee requirements shall be are satisfied in the case of an applicant who presents proof of present licensure as a practitioner of funeral service in another state at the time application is made for license licensure as a practitioner of funeral service in this State.

Sec. J-12. 32 MRSA §1504, as amended by PL 1999, c. 685, §1, is further amended to read:

§ 1504. Fees; expiration and renewal of licenses

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.

1. License renewal. All licenses and certificates of registration that are issued by the board expire February 1st annually or such other time as the Commissioner of Professional and Financial Regulation may designate. Any person holding a license or registration under this law may have the license renewed by making and filing an application with the board , within 30 days preceding the expiration of that license or certificate of registration, upon blanks prescribed by the board and upon payment of the established renewal fee as set under this section.

2. Late renewal. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made received, together with the late fee and renewal fee as set under this section, within 2 years from the date of the expiration.

Sec. J-13. 32 MRSA §1505, as amended by PL 1983, c. 553, §35, is repealed.

Sec. J-14. 32 MRSA §1507, as amended by PL 1997, c. 210, §6, is further amended to read:

§ 1507. Inactive status license

A licensee who is no longer actively practicing funeral service may s urrender the licensee's active license to the State Board of Funeral Service and request apply for an inactive license status license pursuant to Title 10, section 8003, subsection 5-A, paragraph D, subparagraph (5). The holder of an inactive status license may not practice funeral service in the State. The board may place the licensee on inactive status only upon proper application and the submission of appropriate fees by the licensee. The fee for inactive status licensure is set under section 1504. The holder of an inactive status license is required to must renew the license annually and pay the renewal fee as set under section 1504, but is not required to meet the continuing education requirement required by of this chapter and the rules adopted under it.

A holder of an inactive status license who wishes to reinstate that holder's active license must comply with the continuing education requirement and fees provided in this chapter and the rules adopted under it.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842