PROPOSED RULEMAKING
STATE BOARD OF FUNERAL DIRECTORS
[49 PA. CODE CH. 13]
Limited License
[34 Pa.B. 1961] The State Board of Funeral Directors (Board) proposes to amend §§ 13.1 and 13.12 (relating to definitions; and fees) and to add § 13.77 (relating to limited license) to read as set forth in Annex A.
Effective date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under sections 9(c) and 16(a) of the Funeral Director Law (act) (63 P. S. §§ 479.9(c) and 479.16(a)).
Background and Need for the Amendment
Section 2 of the act (63 P. S. § 479.2) defines the term ''funeral director'' to include any person who supervises the burial, transportation or disposal of deceased human bodies. A person who engages in that activity is practicing the profession of funeral director. However, no one may practice as a funeral director in this Commonwealth without being licensed to do so by the Board under section 13(a) of the act (63 P. S. § 479.13(a)). Accordingly, a person who is not licensed as a funeral director by the Board, even if licensed as a funeral director by another jurisdiction, cannot remove a deceased human body, transport a body or conduct a burial in this Commonwealth. This restriction led many out-of-State licensed funeral directors who practice near the State line to obtain licensure in this Commonwealth, in addition to the home state. However, licensure in multiple jurisdictions generally would not be feasible for a funeral director who does not intend to practice regularly across the State line.
New York and New Jersey authorize their respective licensing authorities to enter into agreements that permit a funeral director licensed in the other state to enter into the state to make a removal, transport a body or conduct a burial without being licensed in the state. West Virginia, Maryland and Delaware permit a funeral director licensed in another state to obtain licensure to enter into the state and make a removal, transport a body or conduct a burial without any agreement between the licensing authorities of those states. In each of these states, a funeral director must be fully licensed by that state to open an establishment.
The act of June 22, 2000 (P. L. 376, No. 48) authorized the Board to enter into an agreement with the appropriate licensing authority of any other state to issue limited licenses to funeral directors licensed in that state who wish to practice on a limited basis in this Commonwealth. A limited license would authorize a funeral director from another state to enter into this Commonwealth for the purpose of removing, transporting and burying dead human bodies and directing funerals. A limited license would not authorize the out-of-State funeral director to maintain an establishment or to hold himself out as a funeral director in this Commonwealth.
Description of the Proposed Rulemaking
Under the proposed rulemaking, a funeral director licensed in a jurisdiction with which the Board has entered into an agreement must submit an application for a limited license, including an original certification of good standing from the applicant's home jurisdiction, and the required fee. It is anticipated that the application will include an affidavit by which the applicant would acknowledge the restrictions on practice under a limited license, that the applicant is familiar with and will comply with the act and the Board's regulations and that any unprofessional conduct in this Commonwealth may result in disciplinary action that would be reported to the applicant's home state.
A limited license will be subject to biennial renewal. Because section 10(b) of the act (63 P. S. § 479.10(b)) requires each licensed individual to successfully complete continuing education as a condition for renewal, a holder of a limited license will be required to complete the required amount continuing education. However, because the holder of a limited license is by definition licensed in another jurisdiction, continuing education successfully completed in another jurisdiction will satisfy this requirement for the holder of a limited license. A limited license will become inactive if the holder's funeral director license in the funeral director's home state is revoked, suspended, inactivated or otherwise lapsed. The Board will reinstate the limited license to active status upon proof that the holder's license in the home state has been reinstated, unless the Board has, by disciplinary action, suspended or revoked the limited license. Additionally, the proposed rulemaking sets forth the requirement of section 9(c) of the act that the Board may take disciplinary action against the holder of a limited license for unprofessional conduct in this Commonwealth and will report that disciplinary action to the limited license holder's home state.
Finally, the proposed rulemaking will set fees for a limited license. Fees for service are to be set to enable the Board to recover the cost of providing the service. The application fee will be $35. In general, renewal fees are set at an amount, together with other fees, sufficient to fund the operations of a licensing board and to spread that cost out over all licensees. For limited licensure, however, this approach would disregard the limited use of the license by the out-of-State holders. Also, because there is no history of limited licensure, the Board cannot determine what costs may be attributable to holders of limited licenses. Accordingly, the Board will set the renewal fee for a limited license at $35, the same amount as the application fee.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will impose no additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 30, 2004, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Michelle Smey, Administrative Officer, State Board of Funeral Directors, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-4810 (Limited license) when submitting comments.
JOSEPH A. FLUEHR, III, FD,
ChairpersonFiscal Note: 16A-4810. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 13. STATE BOARD OF FUNERAL DIRECTORS
GENERAL PROVISIONS § 13.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Limited license--A license issued by the Board that authorizes a person licensed to practice funeral directing in a reciprocal state to practice funeral directing in this Commonwealth in accordance with section 9(c) of the act (63 P. S. § 479.9(c)).
* * * * * Reciprocal state--The District of Columbia or a state or territory of the United States of America whose agency that is authorized to license persons to practice the profession of funeral director in that jurisdiction has entered into an agreement with the Board under which persons licensed in that jurisdiction may receive a limited license in this Commonwealth.
* * * * *
LICENSURE § 13.12. Fees.
Following is the schedule of fees charged by the Board:
* * * * * Application for limited license $35
Biennial renewal of limited license $35
LICENSURE OF A FUNERAL DIRECTOR FROM ANOTHER STATE § 13.77. Limited license.
(a) A person licensed by a reciprocal state to practice the profession of funeral director who seeks a limited license shall apply to the Board on a form provided by the Board, including:
(i) An original certification from the reciprocal state that the applicant is licensed as a funeral director in that jurisdiction and is in good standing.
(ii) The fee prescribed by § 13.12 (relating to fees).
(b) A limited license shall be subject to biennial renewal.
(c) A limited license shall become inactive upon the revocation, suspension, placement upon inactive status, or other lapse of the holder's license in the reciprocal state. Unless a limited license is otherwise suspended or revoked, the Board may reinstate the limited license to active status upon proof that the holder's license in the reciprocal state is no longer revoked, suspended, placed on inactive status, or otherwise lapsed.
(d) The Board may take disciplinary action against the holder of a limited license for any unprofessional conduct that occurs within this Commonwealth. The Board will report to the reciprocal state any disciplinary action taken against the holder of a limited license.
[Pa.B. Doc. No. 04-608. Filed for public inspection April 9, 2004, 9:00 a.m.]
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