South Carolina Code of Laws
Chapter 19 - Embalmers And Funeral Directors
Section 40-19-230. Qualifications for license as embalmer or funeral director; examinations; conditions for licensure without examination; renewal of licenses.

(A) A person may be issued a license as an embalmer if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board;
(4) has completed successfully a regular course in an embalming college accredited by the American Board of Funeral Service Education and approved by the board;
(5) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State;
(6) has passed an examination prescribed by the board.
(B) A person may be issued a license as a funeral director if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college;
(4) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State;
(5) has passed an examination prescribed by the board.
(C) An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation.
An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination.
(D) No license may be issued or renewed for a period exceeding two years, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board.
(E) A person holding a license under this chapter may have the license renewed for a two-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient.
(F) A permit for a crematory or a permit for a funeral establishment which operates a crematory may be renewed for a two-year period by applying within thirty days preceding or following the expiration of the permit, upon forms provided by the board, payment of a renewal fee as established by the board in regulation and passage of an inspection conducted by the board.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 6.

Editor's Note
Prior Laws:1962 Code Section 56-677; 1971 (57) 327; 1983 Act No. 146, Section 1; 1976 Code Section 40-19-100.

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.