South Carolina Code of Laws
Chapter 19 - Embalmers And Funeral Directors
Section 40-19-10. Board of Funeral Service; creation; membership; conduct of business by positive majority vote.

There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members, two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment.
The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur.
Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 3.

Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-652; 1965 (54) 518; 1968 (55) 2706; 1971 (57) 327; 1973 (58) 787; 1983 Act No. 146, Section 1; 1984 Act No. 459, Section 1; 1976 Code Section 40-19-20.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 19 - Embalmers And Funeral Directors

Section 40-19-5. Application of chapter; conflicts of law.

Section 40-19-10. Board of Funeral Service; creation; membership; conduct of business by positive majority vote.

Section 40-19-20. Definitions.

Section 40-19-30. Required licenses; permit restrictions regarding unlicensed persons; exemption.

Section 40-19-50. Administrative and fiscal activities of board to be provided by Department of Labor, Licensing and Regulation.

Section 40-19-60. Adoption of rules and regulations.

Section 40-19-70. Powers and duties in addition to those in this chapter.

Section 40-19-80. Inspector to be hired by board; qualifications.

Section 40-19-90. Investigation results; presentation to board; procedures for hearing.

Section 40-19-100. Restraining orders and other equitable relief.

Section 40-19-110. Unprofessional conduct; refusal to issue or renew license; suspension or revocation of license; probation.

Section 40-19-115. Jurisdiction of board.

Section 40-19-120. Board authority to take disciplinary action.

Section 40-19-130. Grounds for denial of license may be same as for disciplinary action.

Section 40-19-140. Denial of license based on prior criminal record.

Section 40-19-150. Voluntary surrender of license by licensee being investigated.

Section 40-19-160. Appeal.

Section 40-19-170. Costs of investigation and prosecution; authority to require payment by violator.

Section 40-19-180. Collection and enforcement provisions for costs and fines.

Section 40-19-190. Confidentiality of proceedings and communications.

Section 40-19-200. Violations of chapter; submission of false licensing information; penalties.

Section 40-19-210. Petition by department for injunctive relief.

Section 40-19-230. Qualifications for license as embalmer or funeral director; examinations; conditions for licensure without examination; renewal of licenses.

Section 40-19-235. Licensure requirements of applicant holding valid license in another state.

Section 40-19-240. Apprentices; application; certificate; periodic reporting; eligibility for licensure; sponsor limitations.

Section 40-19-245. Student permits to engage in practice of funeral service.

Section 40-19-250. Continuing education program; persons exempt.

Section 40-19-260. Business establishment; presence of funeral director required.

Section 40-19-265. Permit requirements for funeral homes.

Section 40-19-270. Permit for funeral establishment; funeral services in private residence, church, or lodge; inspection of premises; residence of funeral director; application for permits; partnership or corporation operating funeral establishment.

Section 40-19-280. Removal or embalming of body where information discloses death caused by crime or violence; notice to next-of-kin before body sent to funeral establishment; contract to pay insurance or benefits to funeral establishment; interferen...

Section 40-19-290. Disclosure of expenses related to services and merchandise; statements regarding legal requirements; disposition of payments received; investigations.

Section 40-19-300. Construction of chapter; limitations on authority of persons with fiduciary relationship with deceased; sale of burial vaults by operators of commercial cemeteries.

Section 40-19-310. Chapter not applicable to preparation and burial of paupers and inmates of state institutions; effect of chapter on other board duties and responsibilities.

Section 40-19-320. Severability.