The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes:
(1) making misrepresentations or committing fraud while engaging in the practice of funeral service;
(2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment. An advertisement must include the physical address of the funeral home, funeral establishment, mortuary, or crematory where the advertised services will be provided. The board shall promulgate regulations establishing additional requirements for advertisements relating to providing funeral services, including Internet advertisements;
(3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;
(4) employing persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain business for the licensee;
(5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
(6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct;
(7) aiding or abetting an unlicensed person to engage in the practice of funeral service;
(8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
(9) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
(10) failing to secure a permit for removal or burial of a dead human body before interment or disposal;
(11) knowingly making a false statement on a certificate of death;
(12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral;
(13) discriminating in services because of race, creed, color, or national origin;
(14) violating a state or federal law or municipal or county ordinance or regulation concerning funeral establishments or the practice of funeral service;
(15) permitting an unlicensed person to engage in the practice of funeral service.
(16) an embalmer, funeral director, funeral company, cemetery, or related entity charging a fee for assignment to the embalmer, funeral director, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 5; 2004 Act No. 188, Section 6; 2007 Act No. 74, Section 3; 2018 Act No. 135 (S.185), Section 2, eff March 12, 2018.
Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-668; 1967 (55) 937; 1983 Act No. 146, Section 1; 1976 Code Section 40-19-180.
Effect of Amendment
2018 Act No. 135, Section 2, in (2), added the second and third sentences, providing requirements for funeral service advertisements.
Structure 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 40-19-20. Definitions.
Section 40-19-30. Required licenses; permit restrictions regarding unlicensed persons; exemption.
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 40-19-115. 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 40-19-170. 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 40-19-235. Licensure requirements of applicant holding valid license in another state.
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.