MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Business and Financial Institutions

By: Senator(s) Harden (By Request)

AN ACT TO AMEND SECTION 73-11-41, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS, "FUNERAL GOODS" AND "FUNERAL PROVIDER" AS THEY RELATE TO THE LICENSING LAWS ADMINISTERED BY THE STATE BOARD OF FUNERAL SERVICE; TO AMEND SECTION 73-11-49, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF FUNERAL SERVICE SHALL NOT PASS ANY REGULATION RELATIVE TO THE SALE OF FUNERAL GOODS UNLESS THE GOODS ARE SOLD OR OFFERED FOR SALE BY A FUNERAL PROVIDER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-11-41, Mississippi Code of 1972, is amended as follows:

73-11-41. The following terms shall have the meanings ascribed herein unless the context shall otherwise require:

(a) "Board" shall mean the State Board of Funeral Service of the State of Mississippi as created by Section 73-11-43, or any successor thereof.

(b) "Embalming" shall mean the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.

(c) "License for funeral establishment" shall mean a license issued to a place or premise devoted to or used in the immediate post-death activities of custody, shelter, care, preparation and/or embalming for final disposition of the body; or used for religious services or other rites or ceremonies associated with the final disposition of human dead; or maintained for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the profession of funeral service and/or funeral directing.

(d) "License for the practice of funeral directing" shall mean the license given to a person engaging in the "practice of funeral service" who is not engaged in the practice of embalming.

(e) "License for the practice of funeral service" shall mean the license given to a person engaging in the "practice of funeral service," including the practice of embalming.

(f) "Practice of funeral service" shall mean (i) providing shelter, care and custody of the human dead; (ii) conducting immediate post-death activities; (iii) preparing of the human dead by embalming or other methods for burial or other disposition; (iv) being responsible for the transportation of the human dead, bereaved relatives and friends; (v) making arrangements, financial or otherwise, for the providing of such services; (vi) the sale of funeral merchandise; or (vii) the practice or performance of any function of funeral directing and/or embalming as presently known, including those stipulated herein. This definition shall not include persons or corporations engaging only in the pre-need sale of funeral merchandise or service, or persons or corporations engaging only in the sale of funeral goods.

(g) "Funeral goods" shall mean all products which are sold or offered for sale directly to the public for use in connection with funeral services.

(h) "Funeral provider" shall mean any person, partnership or corporation that sell or offers to sell both funeral goods and services to the public.

(i) "Resident trainee" shall mean a person who is preparing to become licensed for the practice of funeral service or funeral directing and who is serving under the supervision and instruction of a person duly licensed for the practice of funeral service or funeral directing in this state.

(j) "Solicitation" means the act or practice of approaching someone with a request or plea, or urging someone toward a particular cause, as it may pertain to the care, custody or disposition of a dead human body.

SECTION 2. Section 73-11-49, Mississippi Code of 1972, is amended as follows:

73-11-49. (1) The board is authorized to select from its own membership a chairman, vice chairman and secretary-treasurer. Election of officers shall be held at the first regularly scheduled meeting of the fiscal year.

(2) All members of the board shall be reimbursed for their necessary traveling expenses and mileage incident to their attendance upon the business of the board, as provided in Section 25-3-41, and shall receive a per diem as provided in Section 25-3-69 for every day actually spent upon the business of the board, not to exceed twenty (20) days per year unless authorized by a majority vote of the board.

(3) All monies received by the board shall be paid into a special fund in the State Treasury to the credit of the board and shall be used by the board for paying the traveling and necessary expenses and per diem of the members of the board while on board business, and for paying other expenses necessary for the operation of the board in carrying out and involving the provisions of this chapter.

(4) The board shall employ an administrator of the board, who shall have complete supervision and be held responsible for the direction of the office of the board, shall have supervision over field inspections and enforcement of the provisions of this chapter, shall have such other duties as may be assigned by the board, shall be responsible and answerable to the board. The board may employ such other clerical assistants and employees as may be necessary to carry out the provisions of this chapter, and the terms and conditions of such employment shall be determined by the board in accordance with applicable state law and rules and regulations of the State Personnel Board.

(5) The board, when it shall deem necessary, shall be represented by an assistant Attorney General duly appointed by the Attorney General of this state, and may also request and receive the assistance of other state agencies and county and district attorneys, all of whom are authorized to provide the assistance requested.

(6) The board shall have subpoena power in enforcing the provisions of this chapter.

(7) The board shall adopt and promulgate rules and regulations for the transaction of its business in accordance with the provisions of the Mississippi Administrative Procedures Law (Section 25-43-1 et seq.). No rule or regulation promulgated by the board affecting any person or agency outside the board shall be adopted, amended or repealed without a public hearing on the proposed action. The board shall give written notice at least thirty (30) days in advance of any meeting with respect to any proposed adoption, amendment or repeal of a rule or regulation of the board, in accordance with the Administrative Procedures Act, as well as notifying the duly elected presidents and secretaries of the Mississippi Funeral Directors Association and the Mississippi Funeral Directors and Morticians Association, or their successors.

(8) The board may designate the administrator to perform inspections under this chapter, may employ an individual to perform such inspections or may contract with any other individual or entity to perform such inspections. Any individual or entity that performs such inspections shall have the right of entry into any place in which the business or practice of funeral service and/or funeral directing is carried on or advertised as being carried on, for the purpose of inspection, for the investigation of complaints coming before the board and for such other matters as the board may direct.

(9) The board shall not pass any rule or regulation pertaining to the transportation of dead bodies in any manner or requiring them to be embalmed, nor shall the board pass any rule or regulation relative to the sale of funeral goods unless the funeral goods are sold or offered for sale by a funeral provider.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.