(A) No person shall conduct, maintain, manage, or operate a funeral establishment, crematory, or retail sales outlet unless a permit for each establishment, retail sales outlet, or crematory has been issued by the board and is displayed conspicuously in the funeral establishment crematory, or retail sales outlet.
(B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, retail sales outlet, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
(C) No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a manager when the establishment or crematory is open for any type of funeral business or activity. The board must be notified within thirty days upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory as provided for in Regulation 57-10(c) and may issue a temporary permit to another manager upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located.
(D) An application for a funeral establishment, crematory, or retail sales outlet permit must be made on forms furnished by the board and must be filed with the board accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each odd-numbered year.
(E) When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director or the corporation or partnership must employ a full-time manager. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 7.
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.