South Carolina Code of Laws
Chapter 19 - Embalmers And Funeral Directors
Section 40-19-265. Permit requirements for funeral homes.

(A) A permit for a funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290.
(B) A permit for a branch funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides the name of the parent funeral home.
(C) A permit for a retail sales outlet may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) is in full compliance with Section 40-19-290.
(D) A permit for a crematory may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides evidence of employment of a factory trained operator.
(E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business.
HISTORY: 2002 Act No. 322, Section 2.

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.