GA_mortlaws

MortSci 2012

Georgia Funeral Law

Disclaimer: While every effort was made to ensure the accuracy and completeness of the Funeral Laws and regulations available on the State’s website, the documents are not official, and the state agencies preparing this website and the Compiler are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the States Laws are considered valid

Georgia GEORGIA STATE BOARD OF FUNERAL SERVICE 250-1-.01 Organization of Board.

The Board shall be composed of seven members who are appointed by the Governor. The seven members shall be constituted as follows: six members, each of whom is a licensed and practicing funeral director and embalmer with a minimum of five years as such in this state immediately prior to appointment, plus one consumer advocate member who shall have no connection whatsoever with the funeral service industry. Each member shall be appointed by the Governor for a term of six years.

Authority Ga. L. 1964, p. 341; O.C.G.A. Sec. 43-18-21. History. Original Rule entitled Organization of Board" was filed and effective on June 30, 1965. Repealed: New Rule, same title, adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.

250-1-.02 Officers.

Each year the Board shall elect a President and Vice-President at the first meeting on or after April 1. Authority Ga. L. 1950, pp. 238, 242; O.C.G.A. Sec. 43-18-22. History. Original Rule entitled "Meetings" was filed and effective on June 30, 1965. Repealed: New Rule entitled "Officers" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992. Amended: F. May 1, 1998; eff. May 21, 1998.

250-1-.03 Meetings.

Meetings of the Board shall be held at 237 Coliseum Drive, Macon, Georgia 31217, Professional Licensing Boards Division, unless another meeting location is requested by the President and approved by the Division Director. Special meetings may be called at the discretion of the President. A majority of the appointed members of the Board shall constitute a quorum for the transaction of business.

Authority O.C.G.A. Sec. 43-1-2. History. Original Rule entitled “Meetings” adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992. Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002 250-1-.04 Restrictions on Board Members' Activities.

(1) No Board member shall participate in the deliberation or the vote on licensure or registration of any applicant who is employed by, was previously employed by, or is being hired by that Board member.

(2) No Board member shall participate in the deliberation or the vote on licensure or registration of any applicant: (a) who is known to be a relative of that Board member; or (b) with whom that board member has a personal relationship which could affect the Board member's judgment.

(3) No Board member shall participate in the deliberation or the vote on licensure for any establishment or crematory in which the member has an ownership or management interest. (a) For purposes of administering this rule, “ownership” is determined by whether the Board member has authority and responsibility for making decisions concerning the operations of the

organization as a whole. “Ownership” does not include holding an insignificant equity ownership, such as in common stocks and bonds. (b) For purposes of administering this rule, “management interest” is determined by whether the Board member has direct management responsibilities for the establishment involved in the vote or deliberation.

Authority O.C.G.A. Secs. 43-1-25, 43-18-23. History. Original Rule entitled “Restrictions on Board Members’ Activities” adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992. Repealed: New Rule of same title adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.

250-1-.05 Public Information.

The public may obtain information that is subject to the Open Records Act from the Board and submit requests to the Board by contacting the Board office at 237 Coliseum Drive, Macon, Georgia 31217.

Authority O.C.G.A. Secs. 43-18-2, 50-14-1, 50-18-70. History. Original Rule entitled “Public Information” adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992. Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.

Title 43. Professions and Businesses CHAPTER 1. GENERAL PROVISION

§ 43-1-1. Definitions As used in this title, the term: (1) "Division" means the professional licensing boards division created under Code Section 43-1-2.

(2) "Division director" means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.

(3) "Professional licensing board" means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the director of the professional licensing boards division within the office of the Secretary of State.

HISTORY: Code 1981, § 43-1-1; Ga. L. 2000, p. 1706, § 1.

§ 43-1-2. Appointment and general powers of division director; members and meetings of professional licensing boards; examination standards; roster of licensees; funding

(a)(1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.

(2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the jointsecretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary. (b) The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State. (c) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the state merit system the qualifications of such personnel. (d) The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards. (e) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45. (f) Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as

that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director. (g) All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director. (h) A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board. (i) A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review. (j) The division director shall establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards. (k) The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made: (1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and

(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes. (l) Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act." HISTORY: Ga. L. 1931, p. 7, §§ 89, 89A; Code 1933, §§ 84-101, 84-102; Ga. L. 1943, p. 370, § 1; Ga. L. 1955, p. 323, § 1; Ga. L. 1975, p. 412, § 1; Ga. L. 1977, p. 758, § 1; Ga. L. 1981, p. 1898, § 1; Ga. L. 1990, p.

1965, § 1; Ga. L. 2000, p. 1706, § 2.

§ 43-1-3. Duties of division director; serving notice or process on boards through division director (a) It shall be the duty of the division director: (1) To bring together and keep all records relating to the professional licensing boards; (2) To receive all applications for licenses; (3) With the consent of the board concerned, to schedule the time and place for examinations; (4) To schedule the time and place for all hearings; (5) To issue certificates upon authority of the professional licensing board concerned; and (6) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the director of the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds. (b) All orders and processes of the professional licensing boards shall be signed and attested by the division director in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director.

HISTORY: Ga. L. 1931, p. 7, § 89; Code 1933, § 84-101; Ga. L. 1937, p. 208, § 2; Ga. L. 1967, p. 294, § 1;Ga. L. 1984, p. 22, § 43; Ga. L. 1993, p. 1402, § 18; Ga. L. 1997, p. 677, § 1; Ga. L. 2000, p. 1706, § 3.

§ 43-1-4. Expiration, renewal, and penalty dates of licenses and certificates; duration of validity; renewals (a) The division director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the professional licensing boards through the office of the division director which is subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective professional licensing boards. (b) Each license and certificate issued by the professional licensing boards through the office of the division director which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director, as approved by the respective professional licensing boards. (c) The division director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period.

HISTORY: Code 1933, § 84-104, enacted by Ga. L. 1972, p. 505, § 1; Ga. L. 1973, p. 1481, § 1; Ga. L. 1981, p. 1898, § 2; Ga. L. 2000, p. 1706, § 19.

§ 43-1-5. Investigators for professional licensing boards and office of division director (a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun. (b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer.

HISTORY: Code 1933, § 84-105, enacted by Ga. L. 1975, p. 412, § 2; Ga. L. 1984, p. 704, § 1; Ga. L. 1996, p. 381, § 2; Ga. L. 2000, p. 1706, § 4.

§ 43-1-6. Venue of actions involving professional licensing boards The venue of any action involving the members of any professional licensing board shall be governed by the laws of this state pertaining to venue. The division director shall not be considered a member of any such board in determining the venue of any such action; and no court shall have jurisdiction of any such action solely by virtue of the division director residing or maintaining a residence within its jurisdiction.

HISTORY: Code 1933, § 84-103, enacted by Ga. L. 1962, p. 539, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-7. Determination of fees by professional licensing boards; refunds Each professional licensing board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the professional licensing board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the division director.

HISTORY: Ga. L. 1978, p. 1517, § 1; Ga. L. 1981, p. 1898, § 4; Ga. L. 1984, p. 22, § 43; Ga. L. 2000, p.

1706, § 5.

§ 43-1-8. Disposition of fees Repealed by Ga. L. 1984, p. 22, § 43, effective February 3, 1984.

[Repealed]

§ 43-1-9. Point credit for veterans taking examinations given by professional licensing boards Any applicant taking an examination given by any professional licensing board except the State Board of Accountancy shall receive points in the following manner: (1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in

answering the questions propounded in any such examination; (2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States and who was discharged for injury or illness incurred in line of duty shall be entitled to a credit of five points if the disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States and who was discharged for injury or illness incurred in line of duty shall be entitled to a credit of ten points if the disability is rated at 10 percent or above at the time of taking the examination.

Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination.

HISTORY: Ga. L. 1960, p. 1172, § 1; Ga. L. 1964, p. 761, § 1; Ga. L. 1968, p. 1213, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2000, p. 1706, § 19.

43-1-10. Credit to veteran's grades when examination given in parts or by subject If an examination given by a professional licensing board is given in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his grade on all of the parts or subjects is determined.

HISTORY: Ga. L. 1960, p. 1172, § 2; Ga. L. 2000, p. 1706, § 19.

§ 43-1-11. Veteran's examination to be graded prior to determination of eligibility for credit A person grading an examination given by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination.

HISTORY: Ga. L. 1960, p. 1172, § 3; Ga. L. 2000, p. 1706, § 19.

§ 43-1-12. Duty of division director to inform applicants of availability of veteran credit; rules and regulations for implementing veteran credit program It shall be the duty of the division director to inform applicants taking the examination of the provisions of Code Sections 43-1-9 through 43-1-11 and Code Section 43-1-13. The division director shall make such rules and regulations as are necessary in order to carry out the terms of Code Sections 43-1-9 through 43-1-11 and Code Section 43-1-13.

HISTORY: Ga. L. 1960, p. 1172, § 4; Ga. L. 1981, p. 1898, § 3; Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p.

1706, § 19.

§ 43-1-13. Inapplicability of veteran credit provisions to applicants who were not honorably discharged The provisions of Code Sections 43-1-9 through 43-1-12 relating to points to be allowed to veterans shall apply to any applicant, male or female, who comes within the classes specified in those Code sections except that such provisions shall not apply in any instance to an applicant who has not been honorably discharged.

HISTORY: Ga. L. 1960, p. 1172, § 5.

§ 43-1-14. Authority of Governor to appoint qualified persons to professional licensing boards The Governor is authorized to appoint any person who is otherwise qualified as provided by law to serve as a member of any professional licensing board for a regular term or for an unexpired term, notwithstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees submitted by a private organization or association.

HISTORY: Ga. L. 1980, p. 1162, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-15. Itinerant entertainers (a) All carnivals, road shows, and tent shows and all other itinerant entertainment not presented within any regularly licensed theater, auditorium, or other building permitted to be used for the offering of entertainment for value shall, before opening to the public or offering any amusement, entertainment, or other service to the public for value within this state:

(1) Designate a resident of this state as agent and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action or proceeding against such carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment for any action arising as a result of its appearance in this state. The name and address of such resident agent shall be filed with the judge of the probate court of each county in which such carnival, circus, or show is to be held. If no resident agent has been designated, the Secretary of State shall become such agent with all the foregoing authority, and service of such process shall be made by serving a copy of the petition with process attached thereto on the Secretary of State or an employee in his office designated by the Secretary of State as an agent to receive service in his name, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section, and such service shall be sufficient service upon any such carnival, circus, or show, provided that notice of such service and a copy of the petition and process are forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or his agent to the defendant, if its address is known, and that the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and are filed with said summons, petition, and other papers in the case in the court in which the action is pending.

The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section; (2) Secure an insurance policy or a bond, affording coverage to such carnival, circus, or show for the extent of its stay within this state, which insurance policy or bond shall be subject to any personal injury or death or property damages to the following limits: (A) An indemnity bond subject to a limit of $100,000.00; or (B) An insurance policy or public liability bond subject to a limit of $50,000.00 for personal injury or death or property damage sustained by any one person and subject to a limit of $100,000.00 for personal injuries or death or property damages sustained by two or more persons as a result of any one accident or event; and (3) File a copy of such insurance policy or bond with the judge of the probate court in the county where the carnival, circus, or show is to be held or with both the judge of the probate court and the Secretary of State. The Secretary of State is authorized and directed to issue, upon the request of any carnival, circus, or show filing a copy of such insurance policy or bond in his office, a certificate of filing, stating the coverage afforded by the policy or bond and the effective dates, which certificate may be filed with the judge of the probate court of the county where the carnival, circus, or show is to be held in lieu of a copy of the policy or bond. The Secretary of State is authorized to prescribe and require such terms and conditions in such policies as he may deem necessary or advisable to protect the interests of the public in carrying out the purposes of this Code section, and he is further authorized to prescribe and require use of a standard form of bond and policy for use under this Code section. (b) Any owner, manager, employee, or other person, excluding landowners on whose land a carnival, circus, road show, or itinerant show is operated, who shall cause or grant

permission, either actual or constructive, to any carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment or any part thereof to operate in violation of this Code section shall be guilty of a misdemeanor.

HISTORY: Ga. L. 1957, p. 406, §§ 1, 2; Ga. L. 1959, p. 106, § 1; Ga. L. 1959, p. 160, § 1; Ga. L. 1965, p.

235, § 1; Ga. L. 1983, p. 1474, § 3; Ga. L. 1984, p. 22, § 43; Ga. L. 1989, p. 364, § 3; Ga. L. 1994, p. 97, § 43; Ga. L. 2000, p. 1589, § 3.

§ 43-1-16. Senate confirmation of appointments to professional licensing boards Each person appointed by the Governor as a member of a professional licensing board shall be confirmed by the Senate; and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.

HISTORY: Code 1981, § 43-1-16, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-17. Removal from office of member of a professional licensing board The Governor, after notice and opportunity for hearing, may remove from office any member of a professional licensing board for any of the following: (1) Inability or neglect to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.

HISTORY: Code 1981, § 43-1-17, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19

§ 43-1-18. Eligibility of consumer members of professional licensing boards to vote on all matters Without affecting the eligibility to vote of any other member of a professional licensing board, each consumer member of a professional licensing board shall be eligible to vote on all matters brought before that board.

HISTORY: Code 1981, § 43-1-18, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.

ยง 43-1-19. Grounds for refusing to grant or revoking licenses; application of "Georgia Administrative Procedure Act"; subpoena powers; disciplinary actions; judicial review; reinstatement; investigations; complaints; notice; failure to appear; voluntary surrender; application of section; other law

(a) A professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.

The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

(5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material; (11) Failed to comply with an order for child support as defined by Code Section 19-119.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the

board from the child support agency within the Department of Human Resources indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue or be granted if all other conditions for licensure are met; or (12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met. (b) The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section. (c) For purposes of this Code section, a professional licensing board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When a professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or (8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the professional licensing board for the administrative and legal costs incurred

by the board in conducting an investigative or disciplinary proceeding. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a professional licensing board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of a professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, "lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious. (g) In its discretion, a professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession. (h)(1) The division director is vested with the power and authority to make, or cause to be made through employees or agents of the division, such investigations as he or she or a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place.

(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.

(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.

(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.

(5) When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying. (j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant. (k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the professional licensing board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or

applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon that director, or that director's designee, shall be deemed to be service upon the licensee or applicant. (l) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board. (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever. (n) Regulation by a professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." (o) Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limit such grounds or actions, those other provisions shall apply.

HISTORY: Code 1981, § 43-1-19, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1990, p. 1965, § 2; Ga. L. 1993, p. 123, § 4; Ga. L. 1994, p. 97, § 43; Ga. L. 1996, p. 453, § 13; Ga. L. 1996, p. 776, §§ 1, 2; Ga. L. 1997, p. 677, § 2; Ga. L. 1998, p. 1094, § 10; Ga. L. 2000, p. 1589, § 3; Ga. L. 2000, p. 1706, § 6; Ga. L. 2003, p. 422, § 1.

§ 43-1-19.1. Waiver of deductibles or copayments in health insurance plans; deceptive or misleading advertising (a) For the purposes of applicable provisions of Code Section 43-1-19, it shall be considered a deceptive or misleading practice for any person duly licensed and authorized to provide any type of health care services to advertise, as an inducement to attract

patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan. (b) This Code section shall not apply to nonprofit community health centers which primarily serve indigent patients. (c) Notwithstanding the provisions of any other law of this Code to the contrary, it shall not be considered a misleading, fraudulent, or deceptive act for a provider to waive occasionally such a deductible or copayment required to be made under the patient's health insurance contract, policy, or plan if the waiver is authorized by the insurer or if the waiver is based on an evaluation of the individual patient and is not a regular business practice of the person providing the health care services.

HISTORY: Code 1981, § 43-1-19.1, enacted by Ga. L. 1992, p. 2488, § 1.

§ 43-1-19.2. License applications to include questions on prior revocation or denial of license Each application for a license to practice a profession or business to be issued by a professional licensing board or any agency of the state shall include a question as to whether the applicant for such license: (1) Has had revoked or suspended or otherwise sanctioned any license issued to the applicant by any board or agency in Georgia or any other state; or (2) Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in Georgia or any other state.

The question shall be answered under oath and the answer shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license.

HISTORY: Code 1981, § 43-1-19.2, enacted by Ga. L. 1993, p. 427, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-20. Actions to enjoin unlicensed practice A professional licensing board, the division director, or the appropriate prosecuting attorney may bring an action to enjoin the unlicensed practice by any person of a profession or business required to be licensed by a professional licensing board. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.

HISTORY: Code 1981, § 43-1-20, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-20.1. Cease and desist orders against persons practicing without a license; fine for violating order (a) Notwithstanding any other provisions of the law to the contrary, after notice and hearing, a professional licensing board may issue a cease and desist order prohibiting any person from violating the provisions of this title by engaging in the practice of a business or profession without a license. (b) The violation of any cease and desist order of a professional licensing board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this title shall constitute a separate violation. (c) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. (d) Nothing in this Code section shall be construed to prohibit a professional licensing board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

HISTORY: Code 1981, § 43-1-20.1, enacted by Ga. L. 1986, p. 1155, § 1; Ga. L. 1990, p. 1965, § 3; Ga. L. 2000, p. 1706, § 19.

§ 43-1-21. Release of information regarding investigations The division director is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 431-19 or any other law to the contrary regarding the confidentiality of that information.

Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of that director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a professional licensing board.

HISTORY: Code 1981, § 43-1-21, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1997, p. 677, § 3; Ga. L. 2000, p. 1706, § 7.

§ 43-1-22. Inactive status licenses

The division director may provide for inactive status licenses for the various professional licensing boards.

HISTORY: Code 1981, § 43-1-22, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 8.

§ 43-1-23. Exemption of licensees of professional licensing boards from filing with clerk of superior court No licensee of a professional licensing board shall be required to file or record his license with the clerk of the superior court, and no clerk shall be required to report the filing or recordation of any such license.

HISTORY: Code 1981, § 43-1-23, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-24. Licensed professionals subject to regulation by professional licensing board Any person licensed by a professional licensing board and who practices a "profession," as defined in Chapter 7 of Title 14, the "Georgia Professional Corporation Act," or who renders "professional services," as defined in Chapter 10 of Title 14, "The Georgia Professional Association Act," whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by that professional licensing board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.

HISTORY: Code 1981, § 43-1-24, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1993, p. 123, § 5; Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 1706, § 19.

§ 43-1-25. Authority of professional licensing boards to promulgate rules and regulations Except as provided in subsection (o) of Code Section 43-1-19, Code Sections 43-1-16 through 43-1-24 shall apply to all professional licensing boards and licenses thereunder, except the Georgia Real Estate Commission and its licensees, notwithstanding any other law to the contrary, and each such professional licensing board may promulgate rules and regulations to implement the authority provided by the applicability of said provisions to said boards.

HISTORY: Code 1981, § 43-1-25, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-1-26. Exemption of credentialed persons from licensure, registration, or certification in the state in connection with the Olympic and Paralympic Games; conditions and limitations; consent for certain medical services; automatic repeal Repealed by Ga. L. 1994, p. 480, § 1, effective December 31, 1996.

[Repealed]

§ 43-1-27. Licensee required to notify licensing authority of felony conviction Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession.

HISTORY: Code 1981, § 43-1-27, enacted by Ga. L. 1996, p. 776, § 3.

§ 43-1-28. Volunteers in health care specialties (a) This Code section shall be known and may be cited as the "Georgia Volunteers in Health Care Specialties Act." (b) As used in this Code section, the term: (1) "Health care board" means that professional licensing board which licenses a health care practitioner under this title.

(2) "Health care practitioner" means a chiropractor, registered professional nurse, podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physician's assistant, licensed practical nurse, or certified nurse midwife.

(3) "Health care specialty" means the practice of chiropractic, nursing, podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, or midwifery. (c) Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who: (1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is in good standing; or (2) Is retired from the practice of the health care specialty or, in the case of a physician's assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure in good standing in the applicable health care specialty licensing jurisdiction in the United States. (d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31. (e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license. (f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (h)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and

an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1.

(2) The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article. (i) This Code section, being in derogation of the common law, shall be strictly construed.

HISTORY: Code 1981, § 43-1-28, enacted by Ga. L. 2000, p. 1406, § 1; Ga. L. 2002, p. 639, § 1; Ga. L. 2005, p. 1493, § 2/HB 166.

§ 43-1-29. Suspension of license for nonpayment of student loans; procedure; reinstatement A professional licensing board shall suspend the license of a person licensed by that board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee shall be entitled to notice of the board's intended action and opportunity to appear before the board according to procedures set forth by the division director in rules and regulations. A suspension of a license under this Code section is not a contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." A license suspended under this Code section shall not be reinstated or reissued until the person provides the licensing board a written release issued by the reporting agency stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If the person has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose.

HISTORY: Code 1981, § 43-1-29, enacted by Ga. L. 2001, p. 1066, § 1.

§ 43-1-30. (Repealed effective December 31, 2007) Collection of work force and demographic data; procedure for collection and utilization

(a) Notwithstanding any other law to the contrary, health care related boards engaged in the licensing, certifying, or registering of professionals under Chapter 7A, Chapter 9, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 35, Chapter 39, and Chapter 44 of this title and under Chapter 4 of Title 26 shall upon issuance of license, certification, or registration and thereafter upon renewal of same,

or at other times as may be determined by the respective boards, distribute survey questions for the purpose of gathering data related to work force supply and demographics.

The data, which shall be limited to information on workplace and practice settings, current practice by specialty, geographical location, and future practice plans, shall be collected by the agency responsible for administration of the professional licensing functions. The failure to complete, return, or complete and return the survey shall not be grounds to withhold licensure, nonrenew, or revoke a license or to otherwise discipline a person licensed by that board. (b) For purposes of this Code section, "the agency responsible for administration of the professional licensing functions" shall be the Office of Secretary of State for persons licensed, certified, or registered under Chapter 7A, Chapter 9, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 35, Chapter 39, and Chapter 44 of this title and under Chapter 4 of Title 26. (c) The work force and demographic data collected pursuant to subsection (a) of this Code section, along with identifying information required for analysis of the data collected, including social security number, shall be provided by the agency responsible for administration of the professional licensing functions to the University of Georgia Office of Information Technology Outreach Services or other recognized state agency, public academic institution, or other academic institution currently providing such service by written agreement which shall ensure the confidentiality of said data, as well as to authorize the compilation and release of aggregate data for use by and on behalf of the Health Care Work Force Policy Advisory Committee and the state. The information and data shall be used solely for the purpose of analyzing the supply and demand of health care personnel and projecting trends and needs for the state's health care work force. (d) A renewal form submitted by a licensee, individual identifying information, and the responses to survey questions provided by any individual licensee shall be considered confidential, may not be presented or utilized in any public forum or setting, and shall be afforded the protections offered in Article 4 of Chapter 18 of Title 50, relating to inspection of public records. Nothing in this subsection shall limit the ability of the appropriate board to disclose such information pursuant to subsection (k) of Code Section 43-1-2. (e) With regard to the release and use of aggregate data, the Department of Community Health on behalf of the Health Care Work Force Policy Advisory Committee, the University of Georgia Office of Information Technology Outreach Services or other recognized state agency, or public academic institution or other academic institution currently providing such service shall enter into a written agreement or agreements with the appropriate agency responsible for administration of the professional licensing functions to govern the collection, transfer, and safeguarding of such data. The written agreement or agreements shall be structured to protect against any unauthorized release of otherwise confidential information. (f) The Department of Community Health on behalf of and with the Health Care Work Force Policy Advisory Committee may use the data collected and analyzed under this Code

section to publish reports using aggregate data regarding: (1) Educational and employment trends for health professions; (2) Demographic characteristics of the work force; (3) Supply and demand of health professions; (4) Practice patterns and workplace trends for health professions; and (5) Long-term regional, state-wide, and local needs for health care professionals. (g) The functions and purposes outlined in this Code section shall be deemed "administrative purposes" pursuant to division (a)(11.3)(B)(iii) of Code Section 50-18-72.

HISTORY: Code 1981, ยง 43-1-30, enacted by Ga. L. 2002, p. 615, ยง 3.

ยง 43-1-31. Expiration of professional licenses of service members on active duty outside of state

(a) As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license to practice a profession issued pursuant to any provision of this title expired while such service member was serving on active duty outside the state shall be permitted to practice such profession in accordance with such expired license and shall not be charged with a violation of this title related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the applicable professional licensing board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.

HISTORY: Code 1981, ยง 43-1-31, enacted by Ga. L. 2005, p. 213, ยง 6/SB 258.

IMPORTANT NOTICE REGARDING EXAMINATIONS Beginning October 1, 2009, the Funeral Service Law and Rules Examination will be administered by PSI, a private company administering exams for various professional licenses. Scheduling and payment for exams will need to be made directly with PSI after October 1. More information will be available prior to October 1 regarding contact information for PSI. Access to schedule exams with PSI is not available at this time, but will be available by October 1.

The Professional Licensing Boards Division is not scheduling applicants for exams at this time. We appreciate your patience during this brief interim period.

The Georgia State Board of Funeral Service is responsible for carrying out the provisions of the Funeral Service Law for the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies.

The Board consists of seven members who are appointed by the Governor. Six of the members are licensed and practicing funeral directors and embalmers and one member is a consumer member who has no connection with the funeral service industry. The Board is authorized to prescribe a standard of proficiency as to the qualifications and fitness of embalmers and funeral directors, to revoke or suspend licenses for any violation of this law, to adopt rules and regulations and to set standards of sanitation to be observed in the embalming or cremation of dead human bodies. Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing or operating a funeral establishment must first meet the requirements of the law and rules and be licensed by the Board.

Board meetings are held the second Tuesday of each month at the Board’s offices in Macon and are open to the public. Persons wishing to bring matters for the Board’s consideration should submit written notification or request to the Board office.

Currently the Board has two inspectors who schedule and perform inspections of licensed funeral establishments to ensure compliance with established laws and rules.

State Board of Cemeterians

The State Board of Cemeterians is responsible for enforcing the provision of the Georgia Cemetery and Funeral Services Act of 2000, as amended, except for matters relating to the regulation of perpetual care trust and preneed escrow funds and accounts.

The Board consists of seven members who are appointed by the Governor. Six members are practicing cemeterians, and one member is a consumer member who has no connection with the cemetery profession.

The Board is authorized to approve registrations, to revoke or suspend registrations for violations of the law, and to adopt rules and regulations concerning the Georgia Cemetery and Funeral Services Act. Board meetings are held the fourth Tuesday of each month and are open to the public. Persons wishing to propose matters for the Board’s consideration should submit a written request to the Securities and Business Regulation Division.

TITLE 43. PROFESSIONS AND BUSINESSES CHAPTER 18. FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, AND CREMATORIES

ยง 43-18-1. Definitions As used in this article, the term: (1) "Alternative container" means any receptacle or enclosure which is of sufficient strength to be used to hold and to transport a dead human body.

(2) "Apprentice" means a person who practices embalming, funeral directing, or both, under the direct supervision of a funeral director, embalmer, or both, in this state.

(3) "Board" means the State Board of Funeral Service.

(4) "Casket" means a container which is designed for the encasement and viewing of a dead human body.

(5) "Cremation" means the reduction of the dead human body to residue by intense heat.

(6) "Crematory" means any place where cremation is performed, other than a hospital, clinic, laboratory, or other facility authorized by the Department of Human Resources for such purposes.

(7) "Direct supervision" means that the embalmer, funeral director, or both, are present overseeing the activities of the apprentice.

(8) "Embalmer" means a person who practices embalming or uses in connection with that person's name the words "embalmer," "licensed embalmer," "undertaker," or "mortician" or offers or holds himself or herself out as offering such services.

(9) "Final disposition" means the final disposal of a dead human body whether it is by, but not limited to, earth interment, above-ground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal.

(10) "Funeral" or "funeral services" means the observances, services, or ceremonies held for dead human bodies.

(11) "Funeral director" means a person who practices funeral directing or uses in connection with that person's name or with a picture of that person the words "funeral director," "licensed funeral director," "undertaker," or "mortician" or offers or holds himself or herself out as offering such services.

(12) "Funeral director in full and continuous charge" means a funeral director who is

approved by the board to assume full responsibility for the operations of a particular funeral establishment and who shall ensure that said establishment complies with this article and with all rules promulgated pursuant thereto.

(13) "Funeral establishment" means a place where embalming or funeral directing is practiced and which is open to the public and transacting business relating to funeral services.

(14) "Funeral merchandise" means the goods that may only be sold or offered for sale by a funeral director working in a funeral establishment and includes, but is not limited to, a casket or alternative container, but does not include an outer burial container or cemetery marker.

(15) "Funeral service contract" means a written or oral agreement between a funeral director or funeral establishment and a legally authorized person for the embalming, funeral, or final disposition of a dead human body.

(16) "Legally authorized person" means the deceased's surviving spouse, a son or daughter who is 18 years of age or older; the deceased's parent, a brother or sister who is 18 years of age or older; any other person who is 18 years of age or older and who is in the next degree of kinship to the deceased; the deceased's guardian or personal representative; or a public health officer.

(17) "Outer burial container" means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure.

(18) "Practice of embalming" means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals.

(19) "Practice of funeral directing" means making or directing, at need or preneed, arrangements for the preparation and transportation of dead human bodies for final disposition and the supervision and direction of all funeral services.

(20) "Retort" means a furnace where dead human bodies are cremated.

(21) "Soliciting" means the making of any uninvited contact with another person by a funeral director or by a funeral director's agent, assistant, employer, or employee for the purpose of the sale of funeral services or merchandise but shall not mean any advertising which is directed to the public in general.

HISTORY: Code 1981, ยง 43-18-1, enacted by Ga. L. 1990, p. 1372, ยง 1; Ga. L. 1992, p. 2762, ยง 1; Ga. L. 2002, p. 641, ยง 3.

ยง 43-18-2. Declaration of policy It is declared that this article shall be deemed an exercise of the health powers of the state for the prevention of the spread of infectious, communicable, and contagious

diseases and for the protection of the sanitation, health, and welfare of the people of this state; and that all of this article and the regulations authorized to be made pursuant to it are necessary to effectuate its purpose.

HISTORY: Code 1981, § 43-18-2, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-3. Practicing without complying with article (a) It shall be unlawful for any person to engage in the practice of embalming or to represent to the public that such person is an embalmer, mortician, or undertaker without first complying with this article. (b) It shall be unlawful for any person to engage in the business or profession of funeral directing or to represent to the public that such person is a funeral director, undertaker, or mortician without first complying with this article. (c) Any person who actively engages or participates in any way in the business or profession of funeral directing shall be considered to be practicing as a funeral director and must be a licensed funeral director under the terms of this article.

HISTORY: Code 1981, § 43-18-3, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-4. Unlicensed practice as constituting public nuisance; injunctions The practice of embalming or funeral directing, as defined in this article, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed to practice in this state is declared to be a public nuisance; and any citizen of this state, the board, or the appropriate prosecuting attorney where such practice is carried on by such unlicensed person may, on behalf of the public, bring an action in the superior court of the county where such nuisance exists or is carried on to restrain and abate the same. On satisfactory proof to the judge of the superior court that such illegal practice or business of funeral directing or embalming is being carried on, the judge shall issue a temporary injunction against the party or parties operating such practice or business until they have qualified and been licensed under the terms of this article.

HISTORY: Code 1981, § 43-18-4, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-5. Unlawful acts; exemption (a) It shall be unlawful for any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation to practice or hold out to the public that such person, firm, or corporation as practicing embalming or funeral directing, or to act as an embalmer or funeral director, or to assist in so doing as an apprentice, without having complied with this article, or to practice embalming or funeral directing without having paid the fee for license renewal prior to the expiration of that license as provided for in this article. (b) Any person, firm, or corporation who has control of a funeral establishment or

crematory and fails to obtain licensure as required by this article, upon conviction thereof, may be fined not less than $100.00 nor more than $500.00 for each violation.

Each day that the funeral establishment or crematory is operated in violation of this article shall be deemed to be a separate and distinct offense. (c) Any persons representing themselves as an embalmer or funeral director without having first complied with this article shall be deemed and considered guilty of practicing without a license and the use of these terms shall be prima-facie evidence of guilt. (d) It shall be unlawful for any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation engaged in the funeral or crematory business to give, or contract to give, either directly or indirectly, any reward, commission, compensation, or anything of value to any person, firm, or corporation for the purpose of, or as an inducement to, such person, firm, or corporation to persuade or induce any person to use or employ such funeral director or embalmer in or about the preparation for burial or conducting the burial of any deceased person. (e) It shall be unlawful for any funeral director, embalmer, firm, or corporation, or any officer, agent, or employee of such person, firm, or corporation engaged in the funeral business for compensation or otherwise to influence, or attempt to influence, by persuasion, argument, or suggestion, the family or friends of any deceased person as to where the body should or should not be buried. (f) It shall be unlawful for any funeral establishment, funeral director, or embalmer to refuse to release a dead human body to a legally authorized person upon request of that person, but the release of such body shall not constitute a release of any indebtedness or other claim owed for any services performed on that body by the person or entity releasing that body. (g) Accredited colleges of funeral service and those otherwise approved by the board are authorized to perform on-campus embalming operations subject to satisfying inspection standards as established by the board. Nothing in this article shall require any person who is currently enrolled full time or part time in a program at an accredited college of funeral service or such other college as provided by rule to be licensed or registered as provided in this article when obtaining practical training in embalming or funeral directing under the supervision of a licensed embalmer, funeral director, or both, at such college or at a funeral establishment; provided, however, that any licensed embalmer, funeral director, or both, who supervise such student shall be responsible for the acts of such student.

HISTORY: Code 1981, ยง 43-18-5, enacted by Ga. L. 1990, p. 1372, ยง 1.

ยง 43-18-6. Penalty Any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation who violates this article shall be guilty of a misdemeanor.

HISTORY: Code 1981, ยง 43-18-6, enacted by Ga. L. 1990, p. 1372, ยง 1.

§ 43-18-7. Termination Repealed by Ga. L. 1992, p. 3137, § 15, effective July 1, 1992. § 43-18-8. Identification of body or remains of deceased; affidavit required for cremated remains (a)(1) The funeral director or person in charge of final disposition of a dead body shall, prior to the interment or cremation of such dead body, affix on the ankle or wrist of the deceased a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, the county and state of death, and the serial number of any prosthesis removed from the dead body by the funeral establishment or crematory.

(2) No funeral director in charge of a crematory shall permit any dead body to be on the premises of the crematory without the dead body being identified as provided by this subsection, except when the body is placed in the retort; and the tag shall be removed from the body and kept in a regular location near the retort during cremation and thereafter placed atop the cremated remains on the inside of the vessel and any liner therein. The vessel containing cremated remains shall be plainly labeled on the outside so as to identify the deceased with the same information, excluding social security number, as is required to be on the tag inside the vessel and so as to identify the name of the person or firm to which such remains are to be delivered or released.

(3) Tags and labels used for purposes of this subsection shall be in such standard forms as prescribed by the board. If the religious faith of the deceased prohibits such means of identification, alternative means of identification of the body may be used. (b) A crematory may deliver or release cremated remains to a funeral establishment or a legally authorized person. The funeral director in charge of a crematory shall provide to the funeral establishment or legally authorized person to whom cremated remains are delivered or released, at the time of such delivery or release, a written statement, on such standard form as prescribed by the board, signed and verified by such funeral director before a person authorized to administer oaths and attesting that the vessel contains substantially the remains of the deceased identified in accordance with subsection (a) of this Code section. (c) No funeral establishment shall accept or take delivery of any cremated remains from any crematory unless the vessel containing such remains is labeled as required by paragraph (2) of subsection (a) of this Code section and is accompanied by the affidavit required by subsection (b) of this Code section, which vessel and affidavit shall be provided by the funeral establishment to a legally authorized person upon delivery or release of the cremated remains.

HISTORY: Code 1981, § 43-18-8, enacted by Ga. L. 1995, p. 839, § 1; Ga. L. 2002, p. 641, § 4.

O.C.G.A. § 43-18-8

§ 43-18-20. Continuation of board The State Board of Funeral Service existing immediately prior to April 11, 1990, is continued in existence and shall be constituted as provided in this article with the powers, duties, and authority vested in such board by this article.

HISTORY: Code 1981, § 43-18-20, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-21. Composition of board; qualifications of members; vacancies; removal of members (a) The board shall consist of six members who shall be licensed and practicing funeral directors and embalmers with a minimum of five years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral service industry but who shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude. (d) Those persons serving as members of the board immediately prior to April 11, 1990, shall continue to serve out the respective terms of office for which they were appointed and until their respective successors are appointed and qualified.

HISTORY: Code 1981, § 43-18-21, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-22. Election of president; meetings; reimbursement of members; conflict of interest (a) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected. (b) The board shall meet at least once in each year and more often as the proper and efficient discharge of its duties may require. (c) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(d) No board inspector shall own, operate, or be employed by any funeral establishment or crematory, or perform any services on behalf thereof without prior approval by the board and the division director. However, this shall not prohibit any board member from acting as an inspector as authorized in this article.

HISTORY: Code 1981, § 43-18-22, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 2000, p. 1706, § 19.

§ 43-18-23. Powers and duties; rules and regulations; seal For the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies, the board is authorized: (1) To prescribe a standard of proficiency as to the qualifications and fitness of those engaged in and who may engage in the practice of embalming or funeral directing and the care and disposition of dead human bodies; (2) To revoke the license of any embalmer or funeral director for incompetency, conviction of a crime involving moral turpitude, violation of this article, failure to observe the standards of proficiency or rules and regulations promulgated by the board, or any other cause as provided in this article; (3) To fix and prescribe rules and regulations governing the business or profession of funeral directing and the business or profession of embalming; (4) To fix and prescribe standards of sanitation to be observed in the embalming of dead human bodies or cremation of dead human bodies; (5) To regulate and control the business or profession of funeral directing or embalming; (6) To fix and prescribe minimum standards of general appearance of funeral establishments or crematories; (7) To adopt a common seal; and (8) To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and for the practice of embalming and funeral directing within this state. All rules and regulations of the board existing immediately prior to April 11, 1990, which are not inconsistent with this article shall continue in effect until repealed, amended, or otherwise changed by the board.

HISTORY: Code 1981, § 43-18-23, enacted by Ga. L. 1990, p. 1372, § 1.

ยง 43-18-40. Application for license; examination Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not been licensed to do so shall make written application to the board through the division director for such license. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the board and the applicant shall pay such fee as may be fixed by the board. Before being issued a license to practice funeral directing or embalming in this state, all applicants shall pass an examination approved by the board which tests their qualifications and skill in either funeral directing or embalming, or both, as the case may be; and such examination shall be made in the manner provided for in this article and by the board through rules and regulations.

HISTORY: Code 1981, ยง 43-18-40, enacted by Ga. L. 1990, p. 1372, ยง 1; Ga. L. 2000, p. 1706, ยง 19.

ยง 43-18-41. Qualifications of embalmer or funeral director applicants (a) Each applicant for a license as either an embalmer or a funeral director shall: (1) Be at least 18 years of age; (2) Be of good moral character; and (3) Have graduated from a high school or have earned a general education development certificate. (b) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall: (1) Have graduated from a program at an accredited college of funeral service or such other college as provided by board rule; and (2) Have completed a minimum of 3,120 hours, pursuant to rules and regulations of the board, of service as an apprentice as provided in Code Sections 43-18-50 through 43-1854. (c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written examination approved by the board which tests knowledge of the law of this state relating to funeral directors. (d) An individual who has met the educational requirement specified in paragraph (1) of subsection (b) of this Code section shall be eligible to take the section of the examination for embalmer relating directly to scholastic training without waiting until such individual meets the additional requirements for licensure specified in paragraph (2) of said subsection; provided, however, that such individual must submit a proper application and pay the required fees as determined by the board. An applicant for licensure as an

embalmer who shall have successfully completed the section of the examination for embalmer relating directly to scholastic training shall have no status as an embalmer until such applicant meets all other requirements for licensure as outlined in this article and has received a license as an embalmer from the board.

HISTORY: Code 1981, § 43-18-41, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1991, p. 94, § 43; Ga. L. 1992, p. 2762, § 2; Ga. L. 1998, p. 1322, § 1.

§ 43-18-42. Reciprocity; examination upon meeting qualifications (a) The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state, territory, country, or District of Columbia full privileges to engage in equivalent practice authorized by this article without taking a national examination if: (1) (A) On or after January 1, 1991, such person successfully passes a written examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are: (i) In effect in Georgia on the date of application; or (ii) Substantially equal to the requirements for a similar license in Georgia; or (2) Such person seeking a license pursuant to this Code section has engaged in the active practice of funeral service as a licensed funeral director and embalmer for three years immediately preceding his or her application for a license in Georgia. (b) Nothing in this Code section shall be construed to prevent an applicant denied pursuant to this Code section from taking the examination for licensure pursuant to this article if that applicant otherwise meets the qualifications set out in Code Section 43-1841.

HISTORY: Code 1981, § 43-18-42, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 2007, p. 552, § 1/HB 90.

§ 43-18-43. Biennial renewal of licenses (a) Each license issued by the board shall expire biennially. (b) If the licensee desires a renewal of such license, the board shall grant and issue the same without further examination upon application therefor and upon the payment of a renewal fee to be fixed by the board.

HISTORY: Code 1981, § 43-18-43, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-44. Display of renewal license, wall certificate, or apprentice registration in office or place of business

Each person or establishment who receives a renewal license, wall certificate, or apprentice registration under this article shall display such renewal license, wall certificate, or apprentice registration in a conspicuous place in that person's or establishment's principal office or place of business.

HISTORY: Code 1981, ยง 43-18-44, enacted by Ga. L. 1990, p. 1372, ยง 1.

All funeral director and embalmer licenses and apprentice registrations issued under this article shall apply only to the person receiving same and shall not be transferred or assigned.

HISTORY: Code 1981, ยง 43-18-45, enacted by Ga. L. 1990, p. 1372, ยง 1.

ยง 43-18-46. Grounds for denial or revocation of license or registration; other discipline In addition to the authority provided in Code Section 43-1-19, the board may refuse to grant a license to operate a funeral establishment or to practice embalming or funeral directing, may refuse to grant a registration to serve as an apprentice, or may revoke, suspend, fine, or otherwise discipline a licensee or registrant upon any of the following grounds: (1) The employment of fraud or deception in applying for a license or registration or in passing the examination provided for in this article; (2) Issuance of a license or registration through error; (3) Conviction of a crime involving moral turpitude; (4) The practice of embalming or funeral directing under a false name or the impersonation of another embalmer, funeral director, or apprentice of a like or different name; (5) The making of a false statement or representation regarding the qualifications, training, or experience of any applicant; (6) The making of a misrepresentation of any kind regarding any funeral merchandise; (7) Directly or indirectly, by gifts or otherwise, committing the offense of buying business or paying a commission or making gifts, directly or indirectly, for the purpose of securing business to any physician or hospital, or to any institution where death occurs, or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing home, or other institution where death occurs; or to any coroner or other government official; (8) Gross or willful malpractice or gross neglect in the practice of embalming, funeral directing, or cremating;

(9) Signing a death certificate as having embalmed or prepared a body for burial or preservation when in fact someone else performed such embalming or preparation; (10) Interfering, either directly or indirectly, with a licensed embalmer or funeral director having legal charge of a dead human body; (11) Using any statements that mislead or deceive the public including, but not limited to, false or misleading statements regarding a legal or cemetery requirement, funeral merchandise, funeral services, or in the operation of a funeral establishment; (12) Failing to fulfill the terms of a funeral service contract; (13) Disregarding a decedent's dignity, right to privacy, or right to confidentiality unless compelled by law to do otherwise; (14) Using profane, indecent, or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed; (15) Failing to turn assigned benefits in excess of charges incurred over to the assignee of the deceased within ten working days of receipt of the assigned funds; (16) Refusing to surrender promptly the custody of a dead human body upon the express order of the person lawfully entitled to the custody; (17) Failing to have the charges rendered to be in compliance with those listed in the funeral establishment general price list, the casket price list, the outer burial container list, or the funeral service contract price list; (18) Aiding or abetting an unlicensed person to practice under this article; (19) Promoting or participating in a burial society, burial association, burial certificate plan, or burial membership plan; (20) Soliciting, as defined in paragraph (21) of Code Section 43-18-1; (21) Presenting a false certification of work done by an apprentice or as an apprentice; (22) Willfully violating any state law or regulation; Federal Trade Commission law or regulation; Occupational Safety and Health Administration law or regulation; Department of Human Resources law or regulation; Environmental Protection Agency law or regulation; or municipal or county ordinance or regulation that affects the handling, custody, care, or transportation of dead human bodies, including, but not limited to, the disposal of equipment, residual fluids, or medical wastes; (23) Knowingly making any misleading, deceptive, untrue, or fraudulent representation in the practice of funeral directing or embalming or in any document connected

therewith; (24) Discriminating in the provision of services because of race, creed, color, religion, gender, or national origin; (25) Failing to safeguard all personal properties that were obtained from dead human remains and failing to dispose of same as directed by a legally authorized person; (26) Failing to refund moneys due as a result of overpayment by an insurance company or other third party; (27) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or registrant to practice in the funeral business, or is of a nature likely to jeopardize the interest of the general public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of funeral directing or embalming but shows that the person has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from or failure to conform to the minimal reasonable standards of acceptable and prevailing practice of funeral services; (28) Engaging in any practice whereby a person who is both a funeral director and a coroner or who is both a funeral director and a minister presents that person as a funeral director to a legally authorized person when death is imminent or after death occurs prior to when the legally authorized person selects a funeral director or funeral establishment which will handle the dead human body; (29) Practicing embalming or funeral directing or operating a funeral establishment or crematory prior to the board's having approved an application for licensure; or (30) Failing to satisfy the funeral director in full and continuous charge requirements as set out in Code Section 43-18-71 or funeral establishment requirements as set out in Code Section 43-18-70.

HISTORY: Code 1981, ยง 43-18-46, enacted by Ga. L. 1990, p. 1372, ยง 1; Ga. L. 1991, p. 94, ยง 43.

ยง 43-18-47. Revocation hearing; service on licensee or applicant; revocation or restriction of license or registration (a) Upon the presentation before the board of any of the grounds enumerated in Code Section 43-18-46 or elsewhere in this article for revoking a license or registration, it shall be the duty of the board to cause written notice of the time and place of hearing upon the charge preferred, together with a copy of the charge, to be served upon the licensee or applicant for license, as the case may be, 20 days before the hearing. (b) The board shall conduct such hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." (c) The board may, upon satisfactory proof that a licensee or registrant has been guilty of

any of the offenses enumerated in Code Section 43-18-46 or elsewhere in this article revoke a license or registration or may limit or restrict a license or registration upon a majority vote of the board after a hearing thereon.

HISTORY: Code 1981, § 43-18-47, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-48. Refusal to grant license or registration The board may refuse to grant a license or registration. Refusal to grant a license or registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." HISTORY: Code 1981, § 43-18-48, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-49. Reinstatement of revoked license At any time after the final termination of the proceeding revoking a license, the board may, by a majority vote, issue a new license to a person affected restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing, as defined and regulated by this article. Any person desiring a new license shall be held to the same requirements as are persons who have not previously been licensed as such in this state.

HISTORY: Code 1981, § 43-18-49, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-50. Application for funeral service apprenticeship; period of apprenticeship (a) Every person desiring to serve as an apprentice shall make application as a funeral service apprentice to the board upon a form provided by the board. The applicant must be at least 18 years of age and have either graduated from high school or have a general educational development certificate. The apprenticeship shall be served at an approved establishment and under the direct supervision of a funeral director, embalmer, or both.

The application must be verified by oath of applicant and be accompanied by a fee to be established by the board. The application shall be submitted to the board and may be accepted or rejected by a majority of the board. (b) An apprenticeship shall be approved for a specific establishment and under a specific supervising funeral director, embalmer, or both. Any change in establishment or supervising funeral director, embalmer, or both shall terminate that apprenticeship and shall require submission of a new application. (c) The total period of apprenticeship shall be 3,120 hours and must be served in a minimum of 18 months, but the minimum period shall be in addition to the time required to graduate from a college of funeral service or other college pursuant to paragraph (1) of subsection (b) of Code Section 43-18-41.

HISTORY: Code 1981, § 43-18-50, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1994, p. 97, § 43; Ga. L.

1998, p. 1322, § 2.

§ 43-18-51. Renewal of registration of apprenticeship A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board but shall not be renewed more than two times.

Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours served after a registration has been revoked will not be carried forth into any subsequent apprenticeship period.

HISTORY: Code 1981, § 43-18-51, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1991, p. 94, § 43; Ga. L. 1992, p. 2762, § 3; Ga. L. 1998, p. 1322, § 3.

§ 43-18-52. Supervision and control of apprentices; reporting hours served All apprentices shall be under the supervision and control of the board and shall upon application for licensure submit to the board proof of having served the required number of hours on forms provided by the board. After completing the 3,120 hours for apprenticeship within the specified period, they shall send the last report to the board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer.

HISTORY: Code 1981, § 43-18-52, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1998, p. 1322, § 3.

§ 43-18-53. Leaves of absence during apprenticeship (a) The board may grant leaves of absence for good cause, and grant extensions thereof to apprentices registered under the provisions of this article. However, no credit shall be given for the period during which the apprentice is on such leave, and no more than an aggregate of four years of such leave shall be granted to any person. Application for leave of absence and for extension thereof shall be made by the apprentice upon a form provided by the board. (b) Upon the termination of a leave of absence or of any extension thereof, if the apprentice resumes the apprenticeship at the same establishment and under the same funeral director in full and continuous charge and under the same funeral director, embalmer, or both, the apprentice shall report to the board the fact of having so resumed the duties as an apprentice. Such notice must be certified to by each of the aforementioned funeral directors and embalmers. An apprentice who fails to provide such notice within 30 days after the end of the leave of absence may not enter those hours on the apprenticeship report form. (c) Upon the termination of a leave of absence or of any extension thereof, if the apprentice seeks to serve at a different facility or under different personnel, a new application and fee must be submitted.

HISTORY: Code 1981, ยง 43-18-53, enacted by Ga. L. 1990, p. 1372, ยง 1.

ยง 43-18-54. Refusal to grant apprenticeship registration; grounds for suspension, revocation, limitation of, or refusal to renew registration; reregistration (a) Refusal to grant an apprenticeship registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." (b) The board shall be authorized to suspend, revoke, limit, or refuse to renew a registration of apprenticeship, after notice and hearing pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," upon a finding by a majority of the board of any of the following: (1) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the apprentice to practice in the funeral business, or is of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of funeral directing or embalming but shows that the apprentice has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of funeral services; (2) Being on duty as an apprentice while under the influence of alcohol or illegal drugs; (3) Being unable to practice with reasonable skill and safety to the public by reason of a physical or mental condition; (4) Being convicted of a felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country, or in the courts of the United States, regardless of whether first offender treatment without an adjudication of guilt was given or whether an adjudication of guilty or sentence was otherwise withheld or not entered on the charge. As used in this paragraph, the term "conviction" shall include a finding or verdict of guilt or plea of guilty or probation relating to first time offenders; and "felony" shall include any offense which, if committed in this state, would be deemed a felony; (5) Disobeying proper orders or instructions of that apprentice's supervising embalmer, funeral director, or both; (6) Violating any provision of this article or rule or regulation of the board made pursuant to this article; or (7) Practicing fraud or misrepresentation in obtaining a certificate of registration as an apprentice or knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of funeral service or on any document connected therewith while registered as an apprentice. (c) An apprentice who has failed to renew that person's registration or who has had that person's registration suspended or revoked may, within one year after such expiration,

suspension, or revocation, make application for registration but no more than two such applications may be approved by the board. An applicant for reregistration whose previous apprenticeship was revoked for failure to renew may be granted full credit for the time previously served prior to expiration. An applicant for reregistration whose previous apprenticeship was suspended or revoked upon any of the grounds set forth in subsection (b) of this Code section, however, may be granted credit for no more than 75 percent of the time previously served prior to the disciplinary action. In all other cases regarding applicants for reregistration, the board may, when the circumstances warrant, allow an apprentice credit under a reregistration for time actually served under a previous registration.

HISTORY: Code 1981, § 43-18-54, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1992, p. 2762, § 4.

§ 43-18-55. Continuing education requirements for embalmers (a) The board shall be authorized to require persons seeking renewal of an embalmer's license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate. (c) The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65. (d) An embalmer who is also a licensed funeral director and who completes the continuing education requirements for funeral directors pursuant to Code Section 43-1856 shall not be required to complete additional continuing education requirements pursuant to this Code section. (e) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (f) This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal.

HISTORY: Code 1981, § 43-18-55, enacted by Ga. L. 1995, p. 853, § 1; Ga. L. 1996, p. 6, § 43.

§ 43-18-56. Continuing education requirements for funeral directors (a) The board shall be authorized to require persons seeking renewal of a funeral director's license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate.

(b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate. (c) The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65. (d) A funeral director who is also a licensed embalmer and who completes the continuing education requirements established for embalmers pursuant to Code Section 43-18-55 shall not be required to complete additional continuing education requirements pursuant to this Code section. (e) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (f) This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal.

HISTORY: Code 1981, ยง 43-18-56, enacted by Ga. L. 1995, p. 853, ยง 1; Ga. L. 1996, p. 6, ยง 43.

ยง 43-18-70. Practice at licensed funeral establishment or crematory; facilities; living quarters (a) No embalmer or funeral director shall engage in the practice of embalming or funeral directing at a funeral establishment or crematory which is not licensed by the board. (b) A funeral establishment must be at a specified street address or location and must have the following minimum facilities and equipment: (1) A room with adequate seating for a minimum of 30 people in which funeral services may be conducted; (2) A preparation room equipped with a nonporous, sanitary floor and walls, and necessary drainage and ventilation and containing necessary instruments and supplies for the preparation and embalming of dead human bodies; (3) A display room containing actual caskets or models, mock-ups, or sections of caskets or similar items if all such caskets are available and in stock for purchase at the establishment or can be delivered within 24 hours. Each funeral establishment shall maintain on the premises at each of its locations an adequate stock of funeral caskets which shall not be less than eight and which shall meet such other criteria as necessary to protect the public; (4) At least one operable motor hearse which is either owned or leased by the establishment and which has a current Georgia registration; and (5) At least one church truck.

(c) The board may adopt and enforce such rules as may be reasonable and proper to define such necessary drainage, ventilation, and sanitary flooring and walls and necessary and suitable instruments, supplies, and merchandise in a funeral establishment. (d) If the funeral director resides in the funeral establishment to be accessible to the community for purposes of satisfying the requirements of funeral director in full and continuous charge, the living quarters in the funeral establishment must include at a minimum furnished sleeping quarters, cooking, refrigerating, and bathing facilities.

HISTORY: Code 1981, § 43-18-70, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 2007, p. 552, § 2/HB 90.

§ 43-18-71. Funeral establishments and crematories to be licensed and to employ licensed funeral director; display of name and license of funeral director (a) It shall be unlawful for any person, firm, corporation, or association to operate a funeral establishment or crematory engaged in the business of funeral directing or embalming or cremating without first obtaining a license from the board in accordance with this article. The board shall not issue a license to any funeral establishment or crematory unless such funeral establishment or crematory shall employ the service of a funeral director licensed in accordance with this article, who shall be in full and continuous charge of the establishment and who is a resident of this state. There shall be conspicuously displayed in each funeral establishment and crematory the name and license of the funeral director in full and continuous charge. A funeral director who is in full and continuous charge shall: (1) Assume full responsibility for the supervision and operation of the funeral establishment for which that person has been designated as funeral director; (2) Act as funeral director for only one funeral establishment; and (3) Spend a minimum of 40 hours per week in the employ and operation of the establishment and be accessible and available to the community. (b) When there is a change in the funeral director in full and continuous charge, such change shall be reported to the board in writing within five days of the effective date of such change. The board may request the new funeral director in full and continuous charge and owner to appear before the board to determine if the requirements for a funeral director in full and continuous charge have been met.

HISTORY: Code 1981, § 43-18-71, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1992, p. 2762, § 5.

§ 43-18-72. Crematories to be licensed; equipment, facilities, and personnel; application; reports; limitation of single body in retort (a) (1) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must meet the following requirements and have the following minimum equipment, facilities, and personnel:

(A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (B) A display room containing an adequate supply of urns; (C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (D) At least one operable retort for cremation; (E) At least one operable processing station for grinding of cremated remains; (F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located.

(2) (A) The provisions of subparagraphs (A), (B), and (F) of paragraph (1) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments.

(B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply to the issuance or renewal of any license on or after July 1, 2009, for any standalone crematory that was not in operation as of July 1, 2009. For purposes of this subparagraph, the term "stand-alone crematory" shall mean a crematory that is not located on or adjacent to a tract or parcel of land which contains a funeral establishment. (b) The board may adopt and enforce such rules as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state. (c) Application for licensure of a crematory shall be made upon a form approved by the board and shall be accompanied by an application fee. No license shall be issued unless the facility meets all the requirements set forth by the board. (d) The board shall adopt rules requiring each crematory to submit periodic reports to the board in a standard form which include the names of persons cremated and the types of containers used. (e) No more than one dead human body shall be placed in a retort at one time unless written permission has been received from the person possessing legal responsibility for the disposition of the dead human body. (f) Nothing in this article shall require a funeral establishment for which a valid license to operate is in effect on May 9, 2002, to have a separate license for a crematory until on and after the renewal date of such license to operate a funeral establishment which first

occurs after May 9, 2002, but such establishment must comply with all the minimum equipment and facilities requirements and all other statutes, rules, and regulations relating to crematories.

HISTORY: Code 1981, § 43-18-72, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1992, p. 2762, § 5A; Ga. L. 1998, p. 1322, § 4; Ga. L. 2002, p. 641, § 5; Ga. L. 2009, p. 292, § 2/HB 68.

§ 43-18-73. Renewal of licenses for the operation of funeral establishments and crematories; changes in ownership (a) Licenses for the operation of funeral establishments and of crematories shall expire biennially unless the owner or proprietor of a licensed funeral establishment or crematory applies to the board to renew the license prior to its expiration. The application shall show the name of the funeral establishment or crematory; the names and addresses of all owners or, if the owner is a corporation, the names and addresses of all officers and directors of the corporation; and the names of all licensed embalmers and funeral directors who own or are employed by such funeral establishment or crematory or are otherwise connected therewith, together with the date of issue and the number of the license of each registered embalmer and funeral director as required. If the renewal fee prescribed by the board has been paid and the funeral establishment or crematory meets the other requirements of this article, the board shall issue a license; otherwise it shall be unlawful for any funeral establishment or crematory to operate in this state. Nothing in this Code section shall be construed to require a crematory to employ an embalmer in order to be licensed. (b) Whenever there is a change in ownership of a funeral establishment or crematory, the board shall be notified within 15 days prior to the proposed change upon a form provided by the board.

HISTORY: Code 1981, § 43-18-73, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-74. Transferability of licenses Licenses for funeral establishments or crematories shall be issued to such enterprises at their location at the time of issuance. Such license shall not be transferable to another location.

HISTORY: Code 1981, § 43-18-74, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-75. Inspections; suspension or revocation of license; other disciplinary actions (a) The board shall provide for inspections from time to time, but not less frequently than annually, of the premises of funeral establishments and crematories for purposes of ensuring compliance with the provisions of this article and any rules or regulations issued pursuant thereto, and every such firm shall submit to such inspections. The board is authorized to contract with any one or more county boards of health, and each county board of health is authorized to contract with the board, for the provision of inspection

services on behalf of the board for purposes of this subsection. (b) The license of any funeral establishment or crematory may be suspended, revoked, or put on probation, or fines may be imposed by the board if the evidence produced before it indicates that the establishment or crematory has violated any of the provisions of this article or any rules or regulations issued pursuant thereto. The board shall comply with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in relation to such hearing; and the licensee shall have the right to appeal any decision of the board in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." HISTORY: Code 1981, § 43-18-75, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 2002, p. 641, § 6.

§ 43-18-76. Fine schedule for violation of minimum standards The board may establish a fine schedule for violation of minimum standards which the board determines to be a threat to the health, safety, or welfare of the public. A determination of such a violation shall not be deemed to be a contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." HISTORY: Code 1981, § 43-18-76, enacted by Ga. L. 1990, p. 1372, § 1.

§ 43-18-77. Funeral establishment or crematory temporarily without services of funeral director In the event that a funeral establishment or crematory is temporarily without the services of a funeral director in full and continuous charge, upon notice by the funeral establishment or crematory to the board within five days following the last day of service by such funeral director, the board shall grant the funeral establishment or crematory a 90 day grace period in which to have a funeral director in full and continuous charge approved by the board before any action may be taken by the board to revoke or terminate the establishment's or crematory's license. The board may, in its discretion, upon application by the funeral establishment or crematory, grant one additional 90 day grace period upon showing of good cause. Grace periods totaling not more than 180 days may be granted during any two-year period beginning the first day on which the grace period was granted. Failure to have a funeral director in full and continuous charge shall be grounds for the revocation or suspension of any license, after notice and hearing.

HISTORY: Code 1981, § 43-18-77, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 2002, p. 415, § 43.

§ 43-18-78. Temporary destruction of licensed funeral establishment or crematory; use of temporary location during grace period In the event any funeral establishment or crematory is temporarily destroyed by fire, flood, or other natural catastrophe, upon notice by the funeral establishment or crematory to the board within five days following the destruction, the board may grant the funeral establishment or crematory a 90 day grace period to use a board approved temporary location while reconstructing the previous location, provided the funeral establishment or crematory complies with all other provisions of this article and the rules of the board. The

board may, in its discretion, upon application by the funeral establishment or crematory, grant additional 90 day grace periods upon showing of good cause.

HISTORY: Code 1981, § 43-18-78, enacted by Ga. L. 1990, p. 1372, § 1.

43-18-79. Death of license holder No funeral establishment license shall terminate upon the death of the holder thereof but shall pass to the legal representative of the deceased or, if there is no legal representative, to the widow of the deceased who may continue to operate the establishment for the unexpired time of the license.

HISTORY: Code 1981, § 43-18-79, enacted by Ga. L. 1992, p. 2762, § 6.

§ 43-18-80. Authorizing agent; statement specifying disposition of cremated remains; shipment of remains (a) For the purposes of this Code section, "authorizing agent" means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation. (c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the cremated remains.

If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00.

HISTORY: Code 1981, § 43-18-80, enacted by Ga. L. 2009, p. 292, § 3/HB 68.

§§ 43-18-90 through 43-18-108.

Reserved. Repealed by Ga. L. 2000, p. 882, § 4, effective July 1, 2000.

The statutory materials reprinted or quoted verbatim on the following pages are taken from the Official Code of Georgia Annotated, Copyright 1984, 1988, 1991, 1994, 1999, 2002, 2005, 2006, 2007, 2009 by the State of Georgia, and are reprinted with the permission of the State of Georgia. All rights reserved.

O.C.G.A. § 31-21-45 GEORGIA CODE Copyright 2007 by The State of Georgia All rights reserved. *** Current through the 2007 Regular Session *** TITLE 31. HEALTH CHAPTER 21. DEAD BODIES ARTICLE 3. OFFENSES O.C.G.A. § 31-21-45 (2007) § 31-21-45. Public exhibit or display of dead human bodies of American Indians or American Indian human remains (a) After December 1, 1992, it shall be unlawful to exhibit or display to the public dead human bodies of American Indians or American Indian human remains except in connection with: (1) Funeral or burial services; (2) Education or instruction as part of a course of study at an accredited university, college, or school; or (3) Educational exhibits or displays as may be allowed only with the express written permission of the lineal descendants of the deceased where such descendants can be identified or by the agent of the deceased's estate or, where there is no lineal descendant or agent of the deceased's estate, by the Council on American Indian Concerns created by Code Section 44-12-280. (b) Any person who violates this Code section is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than two years.

HISTORY: Code 1981, § 31-21-45, enacted by Ga. L. 1992, p. 1790, § 4; Ga. L. 2000, p.

136, § 31.

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-6 ESTABLISHMENT/CREMATORY LICENSURE AND REGULATIONS, RULE 250-6-.01 LICENSURE REQUIREMENTS. AMENDED. Rule 250-6-.01 Licensure Requirements. Amended. is hereby proposed for amendment and adoption as amended. The proposed amendments to the rule modify the licensure requirements of operating a crematory.

Purpose: The purpose of the proposed amendments to the rule is to clarify the licensure requirements of operating a crematory.

Main Features: The main feature of the proposed amendments to the rule is to specify the time period within which an inspection of a funeral home or crematory must be completed as part of the licensure requirements, and to clarify the licensure requirements of operating a crematory.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-6 ESTABLISHMENT/CREMATORY LICENSURE AND REGULATIONS, RULE 250-6-.01 LICENSURE REQUIREMENTS. AMENDED. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

250-6-.01 Licensure Requirements. Amended.

(1) A funeral establishment or crematory may be operated only if it possesses a license valid for that establishment or crematory. Application to the Board for licensure shall be made on a form which will be provided upon request and shall require submission of the proper fee. Application must be complete in its entirety and must be received at least 15 days prior to the Board meeting at which it will be considered. The Board shall accept or reject each application by majority vote.

(2) A license for a funeral establishment or crematory is issued to that particular establishment or crematory under a specified name, at a specified location, and under a specified funeral director in full and continuous charge.

(3) A license may be issued to a funeral establishment or crematory only if such business has a licensed funeral director in full and continuous charge. See O.C.G.A. ยง 43-18-71 and Rule 250-6-.06 Rule 250-6-.08 for the requirements concerning the funeral director in full and continuous charge.

(4) An inspection of a funeral home or crematory shall be made by a Board inspector prior to licensure. Inspection must be completed after the application has been approved and at least 15 days prior to Board meeting at which it will be considered. Requirements of inspection for funeral establishment and crematories are listed in Rule 250-6-.04 and Rule 250-6-.05 Rule 250-6-.06 and Rule 250-6-.07, respectively. If reinspection is required an additional fee shall be payable prior to reinspection. Refer to Fee Schedule.

(5) A licensed funeral establishment may operate a crematory without a separate crematory license, but must nevertheless abide by all rules and regulations of the Board pertaining to either funeral establishments, crematories, or both. A crematory may be operated only if it possesses a separate license for such purpose. However, a funeral establishment for which a valid license to operate is in effect on July 1, 2002, shall not be required to obtain a separate license to operate a crematory until on and after the renewal date to operate a funeral establishment which first occurs after July 1, 2002, but such establishment must comply with all of the minimum equipment and facilities requirements and all other statutes, rules and regulations relating to crematories.

(6) An application for an establishment or crematory license shall be reviewed only after it is completed. An application must be completed at least 30 days prior to a Board meeting, and the Board shall accept or reject each application by majority vote.

Authority O.C.G.A. §§ 43-1-19 and 43-18-72.

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-6 ESTABLISHMENT/CREMATORY LICENSURE AND REGULATIONS, RULE 250-6-.07 CREMATORY INSPECTIONS. AMENDED. Rule 250-6-.07 Crematory Inspections is hereby proposed for amendment and adoption as amended. The proposed amendments to the rule modify the inspection requirements at a crematory.

Purpose: The purpose of the proposed amendments to the rule is to modify the inspection requirements at a crematory.

Main Features: The main feature of the proposed amendments to the rule is to modify the inspection requirements at a crematory.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-6 ESTABLISHMENT/CREMATORY LICENSURE AND REGULATIONS, RULE 250-6-.07 CREMATORY INSPECTIONS. AMENDED. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

250-6-.07 Crematory Inspections. Amended.

A representative of the Board shall regularly inspect crematories no less frequently than annually between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday.

Although the funeral director in full and continuous charge need not be present for the inspection, the crematory must be open during these hours for inspection. Requirements of inspections are as follows: (a) A room, with seating for at least 30 persons, where funeral services are conducted in the crematory; (b) A display room containing at least 4 urns an adequate supply of urns; (c) One operable motor hearse with current Georgia registration for the transportation of human remains which must be either owned or leased by said firm; (d) At least one operable retort for cremation;

(e) At least one operable processing station for grinding of cremated remains; (f) At least one church truck; and (g) A current license for the crematory and funeral director, which must be conspicuously displayed. (h) The provisions of paragraphs (a), (b), and (f) of this Rule shall not apply to crematories which provide cremation services only to other funeral establishments.

Authority O.C.G.A. §§ 43-18-72(a) and 43-18-23(7).

SYNOPSIS OF PROPOSED REVISIONS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES Introduction to Chapter 250-1 Introduction to Chapter 250-1 is hereby proposed to be amended and adopted as amended. The name Examining is changed to Professional Licensing, Joint Secretary is changed to Division Director, and the office address is changed.

Purpose: The purpose of the introduction to the Chapter is to identify the office that administers the Board’s rules and regulations.

Main Features: The changes replace Examining Boards Division with Licensing Boards Division and Joint Secretary with Division Director. The office address is also changed.

DIFFERENCES BETWEEN THE EXISTING CHAPTER INTRODUCTION AND THE PROPOSED AMENDMENTS TO THE INTRODUCTION TO THE CHAPTER TO THE RULES FOR THE GEORGIA STATE BOARD OF FUNERAL SERVICE Introduction to Chapter 250-1 [Note: underlined text is proposed to be added; lined through text is proposed to be deleted.]

Introduction to Chapter 250-1 is hereby proposed to be amended as follows: All Rules and Regulations pertaining to the Aadministration of the Georgia State Board of Funeral Service, hereafter referred to as the Board, shall be administered by the Examining Boards Division Director, Professional Licensing Boards Division of the Office of Secretary of State, through the Joint Secretary of Examining Boards. The office of the Joint Secretary Division Director is located at 166 Pryor Street, S.W., Atlanta, Georgia 30303 237 Coliseum Drive, Macon, Georgia 31217.

Authority O.C.G.A. §§ 43-1-2(a)(1) and 43-1-3(a).

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-1 ORGANIZATION, RULE 250-1-.03 MEETINGS. Rule 250-1-.03 Meetings, is hereby proposed to be amended and adopted as amended.

The name Examining is changed to Professional Licensing, and the office address is changed.

Purpose: The purpose of the rule is to identify the location for the regular meetings of the Board and to define a quorum for the transaction of business.

Main Features: The changes replace Examining Boards Division with Professional Licensing Boards Division. The office address is also changed.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-1 ORGANIZATION, RULE 250-1-.03 MEETINGS. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

Rule 250-1-.03 Meetings is hereby proposed to be amended as follows: 250-1-.03 Meetings.

The regular mMeetings of the Board are shall be held at 166 Pryor Street, S.W., Atlanta, Ga. 30303, Examining Boards Division 237 Coliseum Drive, Macon, Georgia 31217, Professional Licensing Boards Division, unless another meeting location is requested by the President and approved by the Division Director. Special meetings may be called at the discretion of the President. A majority of the appointed members of the Board shall constitute a quorum for the transaction of business.

Authority O.C.G.A. §§ 43-1-2(g) and 43-1-2(h).

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-7 DISCIPLINARY ACTIONS AND PROCEDURES Chapter 250-7 Disciplinary Actions and Procedures, is hereby proposed to be amended and adopted as amended. The name Examining is changed to Professional Licensing Boards Division and the office address is changed.

Purpose: The purpose of the proposed amendment to the chapter is to change the name Examining to Professional Licensing Boards Division and the office address.

Main Feature: The main feature of the proposed amendment to the chapter is to change the name Examining to Professional Licensing Boards Division and the office address.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-7 DISCIPLINARY ACTIONS AND PROCEDURES [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

Chapter 250-7. Provisions regarding disciplinary actions and procedures are proposed for amendment and adoption as amended.

RULES OF GEORGIA STATE BOARD OF FUNERAL SERVICE CHAPTER 250-7 DISCIPLINARY ACTIONS AND PROCEDURES TABLE OF CONTENTS 250-7-.01 Complaints.

250-7-.02 Investigation of Complaints.

250-7-.03 Disciplinary Proceedings.

250-7-.01 Complaints.

(1) A complaint may be filed by any person by submitting a written statement to the Georgia State Board of Funeral Service at 166 Pryor Street, S.W., Atlanta, Georgia 30303 237 Coliseum Drive, Macon, Georgia 31217.

(2) The complaint shall include the complainant's name, address and phone number, shall be signed by the complainant, and shall give the name and address of the person or business entity against whom the complaint is being filed.

(3) The complainant must specifically state the circumstances which led to the complaint being filed.

(4) While a complaint is under investigation, the name of the person or business entity against whom the complaint is being filed shall be treated as confidential as provided in O.C.G.A. § 43-1-19(h)(2). However, the name of the person or business entity will no longer be treated as confidential once the Board takes an official action which places it into the public record.

(5) Once a Board member becomes aware of the identity of a person who is the subject of a complaint, and the Board member has a personal relationship with that person which would affect the Board member's judgment, or has prior knowledge of a person's practice which would affect the Board member's judgment, the Board member shall immediately disclose to the Board such relationship or knowledge, and shall not participate in the deliberation or the vote on the complaint; however, nothing herein shall preclude any Board member from giving testimony in the matter.

Authority O.C.G.A. §§ 43-1-19 and 43-18-23.

250-7-.02 Investigations of Complaints.

(1) The Board or its duly appointed representative will review each complaint and initiate whatever investigative action is appropriate.

(2) All investigations shall be conducted as provided by the laws of the State of Georgia, including but not limited to the Georgia Administrative Procedure Act (O.C.G.A. §§ 5013-1 et seq.); O.C.G.A. §§ 43-1-1 et seq.; the Funeral Services Law (O.C.G.A. §§ 43-181 et seq.); the Rules of the Joint Secretary Division Director, State Examining Professional Licensing Boards Division; and the Rules of the Board.

Authority O.C.G.A. §§ 43-18-47 and 43-1-19(h).

250-7-.03 Disciplinary Proceedings.

(1) All disciplinary proceedings, including hearings in contested cases, shall be conducted as provided by the laws of the State of Georgia, including but not limited to the Georgia Administrative Procedure Act (O.C.G.A. §§ 50-13-1 et seq.); O.C.G.A. §§ 43-1-1 et seq.; the Funeral Service Law (O.C.G.A. §§ 43-18-1 et seq.); the Rules of the Joint Secretary Division Director, State Examining Professional Licensing Boards Division; and the Rules of the Board.

(2) The Board shall give written notice of the time and place of hearing, along with a copy of the charge, to be served upon the licensee, or registrant applicant for license, as the case may be, 20 days before the hearing.

(3) After a hearing, the Board may by majority vote revoke, limit, or restrict a license or registration upon satisfactory proof of guilt.

Authority O.C.G.A. §§ 43-18-47, 50-13-1 to 50-13-44, and 43-18-1 to 43-18-108.

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-1 ORGANIZATION, RULE 250-1-.05 PUBLIC INFORMATION. Rule 250-1-.05 Public Information, is hereby proposed to be amended and adopted as amended. The office address is changed.

Purpose: The purpose of the rule is to identify the location where the public may obtain information from the Board and submit requests to the Board.

Main Features: The main feature of the rule is identifying the location where the public may obtain information from the Board and submit requests to the Board.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-1 ORGANIZATION, RULE 250-1-.05 PUBLIC INFORMATION. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

Rule 250-1-.05 Public Information is hereby proposed to be amended as follows: 250-1-.05 Public Information.

The public may obtain information that is subject to the Open Records Act from the Board and submit requests to the Board by contacting the Board office at 166 Pryor Street, S.W., Atlanta, Georgia 30303 237 Coliseum Drive, Macon, Georgia 31217.

Authority O.C.G.A. §§ 50-14-1 and 50-18-70.

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-2 PROCEDURAL RULES, RULE 250-2-.01 PROCEDURAL RULES. Rule 250-2-.01 Procedural Rules, is hereby proposed to be amended and adopted as amended.

Purpose: The purpose of the rule is to adopt by reference other rule chapters as part of the Board’s procedural rules.

Main Features: The main feature of the amendment is to delete reference to the Joint Secretary and the State Examining Boards.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-2 PROCEDURAL RULES, RULE 250-2-.01 PROCEDURAL RULES. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

Rule 250-2-.01 Procedural Rules is hereby proposed to be amended as follows: 250-2-.01 Procedural Rules.

The Georgia State Board of Funeral Services hereby adopts by reference as its permanent rules Chapters 295-3 through 295-13, and any future amendments thereto,. Rules and Regulations of the office of Joint Secretary, State Examining Boards, relating to Procedure for Hearings before the several State Examining Boards.

Authority O.C.G.A. § 43-18-23(5) and (8).

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-4 APPRENTICESHIP, RULE 250-4-.03 SERVING OF APPRENTICESHIP. Rule 250-4-.03 Serving of Apprenticeship is hereby proposed to be amended and adopted as amended.

Purpose: The purpose of the proposed rule amendment is to change the time required to complete apprenticeship hours.

Main Features: The main feature of the proposed rule amendment is to change the time required to complete apprenticeship hours.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-4 APPRENTICESHIP, RULE 250-4-.03 SERVING OF APPRENTICESHIP. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

Rule 250-4-.03 Serving of Apprenticeship is hereby proposed to be amended as follows: 250-4-.03 Serving of Apprenticeship.

(1) Hours and Duration. An apprenticeship period consists of 3,120 hours served in a time span of no less than eighteen months two years and no more than two renewal cycles as defined in O.C.G.A. ยง 43-18-50(c) seven years. This period shall be measured from the date the application is approved by the Board. The eighteen-month two-year minimum must be in addition to the time required to graduate from a college of funeral service accredited by the American Board of Funeral Service Education or such other college specifically approved by the Board.

(2) Business Hours. Regular business hours, for purposes of apprenticeship, means the hours between 8:00 A.M. and 10:00 P.M. (3) Sleeping. An apprentice may not count hours spent sleeping in a funeral establishment toward his/her hours of requirement, even if such time spent sleeping occurs during the regular business hours as defined in Rule 250-4-.03(2). 250-4-.02(2).

(4) Reports. Every six months, each apprentice shall furnish the details of the hours spent in employment as an apprentice on forms supplied by the Board. After completing the 3,120 hours for apprenticeship within the specified period, the apprentice shall send the

last report to the Board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer. The report will specify the number of bodies in the embalming of which the apprentice has assisted and the number of funerals in which the apprentice has assisted. This report shall be current and available for inspection.

Authority O.C.G.A. §§ 43-18-50, 43-18-51, and 43-18-52.

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-5 PERSONAL LICENSURE, RULE 250-5-.01 GENERAL REQUIREMENTS: EMBALMER. AMENDED. Rule 250-5-.01 General Requirements: Embalmer. Amended. is hereby proposed to be amended and adopted as amended.

Purpose: The purpose of the proposed rule amendment is to change the number of hours required to complete an apprenticeship.

Main Features: The main feature of the proposed rule amendment is to change the number of hours required to complete an apprenticeship.

DIFFERENCES BETWEEN THE EXISTING RULE AND THE PROPOSED AMENDMENTS TO THE GEORGIA STATE BOARD OF FUNERAL SERVICE RULES, CHAPTER 250-5 PERSONAL LICENSURE, RULE 250-5-.01 GENERAL REQUIREMENTS: EMBALMER. AMENDED. [Note: underlined text is proposed to be added; lined-through text is proposed to be deleted.]

Rule 250-5-.01 General Requirements: Embalmer. Amended. is hereby proposed to be amended as follows: 250-5-.01 General Requirements: Embalmer. Amended.

(1) An applicant for licensure as an embalmer must satisfy the following requirements: (a) be at least 18 years of age at the time of application; and (b) be of good moral character; and (c) have graduated from a high school or have earned a general education development certificate.

(2) An applicant for licensure as an embalmer shall make written application to the Board on forms which will be provided upon request, shall submit the appropriate fee, and shall provide proof of the following: (a) graduation from a college of funeral service accredited by the American Board of Funeral Service Education or such other college specifically approved by the Board.

(b) 3,920 3120 hours of service as an apprentice as specified in Rule 250-4-.02 and in O.C.G.A. Section 43-18-50. (c) an affidavit which states that the apprentice assisted in embalming 50 bodies and which specifies the names and dates of death.

(3) An application for licensure as an embalmer shall be reviewed only after it is complete. This application shall ask questions regarding, the applicants conviction of a felony or misdemeanor and violations or sentences under the First Offender Act. An application must be complete at least 15 days prior to a Board meeting, and the Board shall accept or reject each application by majority vote.

Authority O.C.G.A. §§ 43-18-41 and 43-18-50.