State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_25

§ 90‑210.25.  Licensing.

(a)        Qualifications,Examinations, Resident Traineeship and Licensure. –

(1)        To be licensed forthe practice of funeral directing under this Article, a person must:

a.         Be at least 18 yearsof age.

b.         Be of good moralcharacter.

c.         Be a graduate of aFuneral Director Program at a mortuary science college approved by the Board ora school of mortuary science accredited by the American Board of FuneralService Education. Have completed a minimum of 32 semester hours or 48 quarterhours of instruction, including the subjects set out in sub‑part e.1. ofthis subdivision, as prescribed by a mortuary science college approved by theBoard or a school of mortuary science accredited by the American Board ofFuneral Service Education.

d.         Have completed 12months of resident traineeship as a funeral director, pursuant to theprocedures and conditions set out in G.S. 90‑210.25(a)(4), either beforeor after satisfying the educational requirement under sub‑subdivision c.of this subdivision.

e.         Have passed an oralor written funeral director examination on the following subjects:

1.         Psychology,sociology, pathology, funeral directing, business law, funeral law, funeralmanagement, and accounting.

2.         Repealed by SessionLaws 1997‑399, s. 5.

3.         Laws of NorthCarolina and rules of the Board and other agencies dealing with the care,transportation and disposition of dead human bodies.

(2)        To be licensed forthe practice of embalming under this Article, a person must:

a.         Be at least 18 yearsof age.

b.         Be of good moralcharacter.

c.         Be a graduate of amortuary science college approved by the Board.

d.         Have completed 12months of resident traineeship as an embalmer pursuant to the procedures andconditions set out in G.S. 90‑210.25(a)(4), either before or aftersatisfying the educational requirement under sub‑subdivision c. of thissubdivision.

e.         Have passed an oralor written embalmer examination on the following subjects:

1.         Embalming,restorative arts, chemistry, pathology, microbiology, and anatomy.

2.         Repealed by SessionLaws 1997‑399, s. 6.

3.         Laws of NorthCarolina and rules of the Board and other agencies dealing with the care,transportation and disposition of dead human bodies.

(3)        To be licensed forthe practice of funeral service under this Article, a person must:

a.         Be at least 18 yearsof age.

b.         Be of good moralcharacter.

c.         Be a graduate of andreceive an associate degree from a mortuary science college approved by theBoard or a school of mortuary science accredited by the American Board of FuneralService Education. Have completed a minimum of 60 semester hours or 90 quarterhours of instruction, including the subjects set out in sub‑part e.1. ofthis subdivision, as prescribed by a mortuary science college approved by theBoard or a school of mortuary science accredited by the American Board ofFuneral Service Education.

d.         Have completed 12months of resident traineeship as a funeral service licensee, pursuant to theprocedures and conditions set out in G.S. 90‑210.25(a)(4), either beforeor after satisfying the educational requirement under sub‑subdivision c.of this subdivision.

e.         Have passed an oralor written funeral service examination on the following subjects:

1.         Psychology,sociology, funeral directing, business law, funeral law, funeral management,and accounting.

2.         Embalming,restorative arts, chemistry, pathology, microbiology, and anatomy.

3.         Repealed by SessionLaws 1997‑399, s. 7.

4.         Laws of NorthCarolina and rules of the Board and other agencies dealing with the care,transportation and disposition of dead human bodies.

(4)       a.         Aperson desiring to become a resident trainee shall apply to the Board on a formprovided by the Board. The application shall state that the applicant is notless than 18 years of age, of good moral character, and is the graduate of ahigh school or the equivalent thereof, and shall indicate the licensee underwhom the applicant expects to train. A person training to become an embalmermay serve under either a licensed embalmer or a funeral service licensee. Aperson training to become a funeral director may serve under either a licensedfuneral director or a funeral service licensee. A person training to become afuneral service licensee shall serve under a funeral service licensee. Theapplication must be sustained by oath of the applicant and be accompanied bythe appropriate fee. When the Board is satisfied as to the qualifications of anapplicant it shall instruct the secretary to issue a certificate of residenttraineeship.

b.         Within 30 days of aresident trainee leaving the proctorship of the licensee under whom the traineehas worked, the licensee shall file with the Board an affidavit showing thelength of time served with the licensee by the trainee, and the affidavit shallbe made a matter of record in the Board's office. The licensee shall deliver acopy of the affidavit to the trainee.

c.         A person who has notcompleted the traineeship and wishes to do so under a licensee other than theone whose name appears on the original certificate may reapply to the Board forapproval.

d.         A certificate ofresident traineeship shall be signed by the resident trainee and upon paymentof the renewal fee shall be renewable one year after the date of originalregistration; but the certificate may not be renewed more than two times. TheBoard shall mail to each registered trainee at his last known address a noticethat the renewal fee is due and that, if not paid within 30 days of the notice,the certificate will be canceled. A late fee, in addition to the renewal fee,shall be charged for a late renewal, but the renewal of the registration of anyresident trainee who is engaged in the active military service of the UnitedStates at the time renewal is due may, at the discretion of the Board, be heldin abeyance for the duration of that service without penalties. No credit shallbe allowed for the 12‑month period of resident traineeship that shallhave been completed more than five years preceding the examination for alicense.

e.         All registeredresident trainees shall report to the Board at least once every month duringtraineeship upon forms provided by the Board listing the work which has beencompleted during the preceding month of resident traineeship. The datacontained in the reports shall be certified as correct by the licensee underwhom the trainee has served during the period and by the licensed person who ismanaging the funeral service establishment. Each report shall list thefollowing:

1.         For funeral directortrainees, the conduct of any funerals during the relevant time period,

2.         For embalmingtrainees, the embalming of any bodies during the relevant time period,

3.         For funeral servicetrainees, both of the activities named in 1 and 2 of this subsection, engagedin during the relevant time period.

f.          To meet theresident traineeship requirements of G.S. 90‑210.25(a)(1), G.S. 90‑210.25(a)(2)and G.S. 90‑210.25(a)(3) the following must be shown by the affidavit(s)of the licensee(s) under whom the trainee worked:

1.         That the funeraldirector trainee has, under supervision, assisted in directing at least 25funerals during the resident traineeship,

2.         That the embalmertrainee has, under supervision, assisted in embalming at least 25 bodies duringthe resident traineeship,

3.         That the funeralservice trainee has, under supervision, assisted in directing at least 25funerals and, under supervision, assisted in embalming at least 25 bodiesduring the resident traineeship.

g.         The Board maysuspend or revoke a certificate of resident traineeship for violation of anyprovision of this Article.

h.         Each sponsor for aregistered resident trainee must during the period of sponsorship be activelyemployed with a funeral establishment. The traineeship shall be a primaryvocation of the trainee.

i.          Only one residenttrainee may register and serve at any one time under any one person licensedunder this Article.

j.,         k. Repealed bySession Laws 1991, c. 528, s. 4.

l.          The Board shallregister no more than one resident trainee at a funeral establishment thatserved 100 or fewer families during the 12 months immediately preceding thedate of the application, and shall register no more than one resident traineefor each additional 100 families served at the funeral establishment during the12 months immediately preceding the date of the application.

(5)        The Board byregulation may recognize other examinations that the Board deems equivalent toits own.

a.         All licenses shallbe signed by the president and secretary of the Board and the seal of the Boardaffixed thereto. All licenses shall be issued, renewed or duplicated for aperiod not exceeding one year upon payment of the renewal fee, and alllicenses, renewals or duplicates thereof shall expire and terminate the thirty‑firstday of December following the date of their issue unless sooner revoked andcanceled; provided, that the date of expiration may be changed by unanimousconsent of the Board and upon 90 days' written notice of such change to allpersons licensed for the practice of funeral directing, embalming and funeralservice in this State.

b.         The holder of anylicense issued by the Board who shall fail to renew the same on or beforeFebruary 1 of the calendar year for which the license is to be renewed shallhave forfeited and surrendered the license as of that date. No licenseforfeited or surrendered pursuant to the preceding sentence shall be reinstatedby the Board unless it is shown to the Board that the applicant has, throughoutthe period of forfeiture, engaged full time in another state of the UnitedStates or the District of Columbia in the practice to which his North Carolinalicense applies and has completed for each such year continuing educationsubstantially equivalent in the opinion of the Board to that required of NorthCarolina licensees; or has completed in North Carolina a total number of hoursof accredited continuing education computed by multiplying five times thenumber of years of forfeiture; or has passed the North Carolina examination forthe forfeited license. No additional resident traineeship shall be required.The applicant shall be required to pay all delinquent annual renewal fees and areinstatement fee. The Board may waive the provisions of this section for anapplicant for a forfeiture which occurred during his service in the armedforces of the United States provided he applies within six months followingseverance therefrom.

c.         All licensees now orhereafter licensed in North Carolina shall take continuing education courses insubjects relating to the practice of the profession for which they arelicensed, to the end that the benefits of learning and reviewing skills will beutilized and applied to assure proper service to the public.

d.         As a prerequisite tothe annual renewal of a license, the licensee must complete, during the yearimmediately preceding renewal, at least five hours of continuing educationcourses, of which the Board may require licensees to take up to two hoursspecified by the Board. All continuing education courses must be approved bythe Board prior to enrollment. A licensee who completes more than five hours ina year may carry over a maximum of five hours as a credit to the followingyear's requirement. A licensee who is issued an initial license on or afterJuly 1 does not have to satisfy the continuing education requirement for thatyear.

e.         The Board shall notrenew a license unless fulfillment of the continuing education requirement hasbeen certified to it on a form provided by the Board, but the Board may waivethis requirement for renewal in cases of certified illness or undue hardship orwhere the licensee lives outside of North Carolina and does not practice inNorth Carolina, and the Board shall waive the requirement for all licensees whowere licensed on or before December 31, 2003, and have been licensed in NorthCarolina for a continuous period of 25 years or more, for all licensees who arelicensed on or after January 1, 2004, who have been licensed for a continuousperiod of 25 years or more and have attained the age of 60 years, and for alllicensees who are, at the time of renewal, members of the General Assembly.

f.          The Board shallcause to be established and offered to the licensees, each calendar year, atleast eight hours of continuing education courses. The Board may chargelicensees attending these courses a reasonable registration fee in order tomeet the expenses thereof and may also meet those expenses from other fundsreceived under the provisions of this Article.

g.         Any person whohaving been previously licensed by the Board as a funeral director or embalmerprior to July 1, 1975, shall not be required to satisfy the requirements hereinfor licensure as a funeral service licensee, but shall be entitled to have suchlicense renewed upon making proper application therefor and upon payment of therenewal fee provided by the provisions of this Article. Persons previouslylicensed by the Board as a funeral director may engage in funeral directing,and persons previously licensed by the Board as an embalmer may engage inembalming. Any person having been previously licensed by the Board as both afuneral director and an embalmer may upon application therefor receive alicense as a funeral service licensee.

h.         The Department ofJustice may provide a criminal record check to the Board for a person who hasapplied for a new or renewal license, or certification through the Board. TheBoard shall provide to the Department of Justice, along with the request, thefingerprints of the applicant, any additional information required by theDepartment of Justice, and a form signed by the applicant consenting to thecheck of the criminal record and to the use of the fingerprints and otheridentifying information required by the State or national repositories. Theapplicant's fingerprints shall be forwarded to the State Bureau ofInvestigation for a search of the State's criminal history record file, and theState Bureau of Investigation shall forward a set of the fingerprints to theFederal Bureau of Investigation for a national criminal history check. TheBoard shall keep all information pursuant to this subdivision privileged, inaccordance with applicable State law and federal guidelines, and theinformation shall be confidential and shall not be a public record underChapter 132 of the General Statutes.

TheDepartment of Justice may charge each applicant a fee for conducting the checksof criminal history records authorized by this subdivision.

(a1)      Inactive Licenses. –Any person holding a license issued by the Board for funeral directing, forembalming, or for the practice of funeral service may apply for an inactivelicense in the same category as the active license held. The inactive licenseis renewable annually. Continuing education is not required for the renewal ofan inactive license. The holder of an inactive license may not engage in anyactivity requiring an active license. The holder of an inactive license mayapply for an active license in the same category, and the Board shall issue anactive license if the applicant has completed a total number of hours of accreditedcontinuing education equal to five times the number of years the applicant heldthe inactive license. No application fee is required for the reinstatement ofan active license pursuant to this subsection. The holder of an inactivelicense who returns to active status shall surrender the inactive license tothe Board.

(a2)      In order to engagein the practice of funeral directing or funeral service, such a licensee mustown, be employed by, or otherwise be an agent of a licensed funeralestablishment; except that such a licensee may practice funeral directing orfuneral service if:

(1)        Employed by acollege of mortuary science; or

(2)        The licensee:

a.         Maintains all of hisor her business records at a location made known to the Board and available forinspection by the Board under the same terms and conditions as the businessrecords of a licensed funeral establishment;

b.         Complies with rulesand regulations imposed on funeral establishments and the funeral professionthat are designed to protect consumers, to include, but not be limited to, theFederal Trade Commission's laws and rules requiring General Price Lists andStatements of Goods and Services; and

c.         Pays to the Boardthe funeral establishment license fee required by law and set by the Board.

Nothingin this subdivision shall preclude a licensee from arranging cremations andcremating human remains while employed by a crematory.

(b)        Persons Licensedunder the Laws of Other Jurisdictions. –

(1)        The Board shallgrant licenses to funeral directors, embalmers and funeral service licensees,licensed in other states, territories, the District of Columbia, and foreigncountries, when it is shown that the applicant holds a valid license as afuneral director, embalmer or funeral service licensee issued by the otherjurisdiction, has demonstrated knowledge of the laws and rules governing theprofession in North Carolina and has submitted proof of his good moralcharacter; and either that the applicant has continuously practiced theprofession in the other jurisdiction for at least three years immediatelypreceding his application, or the Board has determined that the licensingrequirements for the other jurisdiction are substantially similar to those ofNorth Carolina.

(2)        The Board shallperiodically review the mortuary science licensing requirements of otherjurisdictions and shall determine which licensing requirements aresubstantially similar to the requirements of North Carolina.

(3)        The Board may issuespecial permits, to be known as courtesy cards, permitting nonresident funeraldirectors, embalmers and funeral service licensees to remove bodies from and toarrange and direct funerals and embalm bodies in this State, but theseprivileges shall not include the right to establish a place of business in orengage generally in the business of funeral directing and embalming in thisState. Except for special permits issued by the Board for teaching continuingeducation programs and for work in connection with disasters, no specialpermits may be issued to nonresident funeral directors, embalmers, and funeralservice licensees from states that do not issue similar courtesy cards topersons licensed in North Carolina pursuant to this Article.

(c)        Registration,Filing and Transportation. –

(1)        The holder of anylicense granted by this State for those within the funeral service professionor renewal thereof provided for in this Article shall cause registration to befiled in the office of the board of health of the county or city in which hepractices his profession, or if there be no board of health in such county orcity, at the office of the clerk of the superior court of such county. All suchlicenses, certificates, duplicates and renewals thereof shall be displayed in aconspicuous place in the funeral establishment where the holder rendersservice.

(2)        It shall be unlawfulfor any railway agent, express agency, baggage master, conductor or otherperson acting as such, to receive the dead body of any person for shipment ortransportation by railway or other public conveyance, to a point outside ofthis State, unless the body is accompanied by a burial‑transit permit.

(3)        The"transportation or removal of a dead human body" shall mean theremoval of a dead human body for a fee from the location of the place of deathor discovery of death or the transportation of the body to or from a medicalfacility, funeral establishment or facility, crematory or related holdingfacility, place of final disposition, or place designated by the MedicalExaminer for examination or autopsy of the dead human body.

(4)        Any individual, nototherwise exempt from this subsection, shall apply for and receive a permitfrom the Board before engaging in the transportation or removal of a dead humanbody in this State. Unless otherwise exempt from this subsection, nocorporation or other business entity shall engage in the transportation orremoval of a dead human body unless it has in its employ at least oneindividual who holds a permit issued under this section. No individual permitholder shall engage in the transportation or removal of a dead human body formore than one person, firm, or corporation without first providing the Boardwith written notification of the name and physical address of each suchemployer.

(5)        The followingpersons shall be exempt from the permit requirements of this section but shallotherwise be subject to subdivision (9) of this subsection and any rulesrelating to the proper handling, care, removal, or transportation of a deadhuman body:

a.         Licensees under thisArticle and their employees.

b.         Employees of commoncarriers.

c.         Except as providedin sub‑subdivision (6)c. of this section, employees of the State and itsagencies and employees of local governments and their agencies.

d.         Funeral directorslicensed in another state and their employees.

(6)        The followingpersons shall be exempt from this section:

a.         Emergency medicaltechnicians, rescue squad workers, volunteer and paid firemen, and lawenforcement officers while acting within the scope of their employment.

b.         Employees of publicor private hospitals, nursing homes, or long‑term care facilities, whilehandling a dead human body within such facility or while acting within thescope of their employment.

c.         State and countymedical examiners and their investigators.

d.         Any individualtransporting cremated remains.

e.         Any individualtransporting or removing a dead human body of their immediate family or next ofkin.

f.          Any individual whohas exhibited special care and concern for the decedent.

(7)        Individuals eligibleto receive a permit under this section for the transportation or removal of adead human body for a fee, shall:

a.         Be at least 18 yearsof age.

b.         Possess and maintaina valid drivers license issued by this State and provide proof of all liabilityinsurance required for the registration of any vehicle in which the personintends to engage in the business of the removal or transportation of a deadhuman body.

c.         Affirmatively stateunder oath that the person has read and understands the statutes and rulesrelating to the removal and transportation of dead human bodies and anyguidelines as may be adopted by the Board.

d.         Provide threewritten character references on a form prescribed by the Board, one of whichmust be from a licensed funeral director.

e.         Be of good moralcharacter.

(8)        The permit issuedunder this section shall expire on December 31 of each year. The applicationfee for the individual permit shall not exceed one hundred twenty‑fivedollars ($125.00). A fee, not to exceed one hundred dollars ($100.00), inaddition to the renewal fee not to exceed seventy‑five dollars ($75.00),shall be charged for any application for renewal received by the Board afterFebruary 1 of each year.

(9)        No person shalltransport a dead human body in the open cargo area or passenger area of avehicle or in any vehicle in which the body may be viewed by the public. Anyperson removing or transporting a dead human body shall either cover the body,place it upon a stretcher designed for the purpose of transporting humans ordead human bodies in a vehicle, and secure such stretcher in the vehicle usedfor transportation, or shall enclose the body in a casket or container designedfor common carrier transportation, and secure the casket or container in thevehicle used for transportation. No person shall fail to treat a dead humanbody with respect at all times. No person shall take a photograph or videorecording of a dead human body without the consent of a member of thedeceased's immediate family or next of kin or other authorizing agent.

(10)      The Board may adoptrules under this section including permit application procedures and the properprocedures for the removal, handling, and transportation of dead human bodies.The Board shall consult with the Office of the Chief Medical Examiner beforeinitiating rule making under this section and before adopting any rulespursuant to this section. Nothing in this section prohibits the Office of theChief Medical Examiner from adopting policies and procedures regarding the removal,transportation, or handling of a dead human body under the jurisdiction of thatoffice that are more stringent than the laws in this section or any rulesadopted under this section. Any violation of this section or rules adoptedunder this section may be punished by the Board by a suspension or revocationof the permit to transport or remove dead human bodies or by a term ofprobation. The Board may, in lieu of any disciplinary measure, accept a penaltynot to exceed five thousand dollars ($5,000) per violation.

(11)      Each applicant for apermit shall provide the Board with the applicant's home address, name andaddress of any corporation or business entity employing such individual for theremoval or transportation of dead human bodies, and the make, year, model, andlicense plate number of any vehicle in which a dead human body is transported.A permittee shall provide written notification to the Board of any change inthe information required to be provided to the Board by this section or by theapplication for a permit within 30 days after such change takes place.

(12)      If any person shallengage in or hold himself out as engaging in the business of transportation orremoval of a dead human body without first having received a permit under thissection, the person shall be guilty of a Class 2 misdemeanor.

(13)      The Board shall havethe authority to inspect any place or premises that the business of removing ortransporting a dead human body is carried out and shall also have the right ofinspection of any vehicle and equipment used by a permittee for the removal ortransportation of a dead human body.

(d)        EstablishmentPermit. –

(1)        No person, firm orcorporation shall conduct, maintain, manage or operate a funeral establishmentunless a permit for that establishment has been issued by the Board and isconspicuously displayed in the establishment. Each funeral establishment at aspecific location shall be deemed to be a separate entity and shall require aseparate permit and compliance with the requirements of this Article.

(2)        A permit shall beissued when:

a.         It is shown that thefuneral establishment has in charge a person, known as a manager, licensed forthe practice of funeral directing or funeral service, who shall not bepermitted to manage more than one funeral establishment. The manager shall becharged with overseeing the daily operation of the funeral establishment. Ifthe manager leaves the employment of the funeral establishment and is the onlylicensee employed who is eligible to serve as manager, the funeralestablishment may operate without a manager for a period not to exceed 30 daysso long as: (i) the funeral establishment retains one or more licensees toperform all services requiring a license under this Article; (ii) the licenseesare not practicing under the exception authorized by G.S. 90‑210.25(a2)and would otherwise be eligible to serve as manager; and (iii) the funeralestablishment registers the name of the licensees with the Board.

b.         The Board receives alist of the names of all part‑time and full‑time licensees employedby the establishment.

c.         It is shown that thefuneral establishment satisfies the requirements of G.S. 90‑210.27A.

d.         The Board receivespayment of the permit fee.

(3)        Applications forfuneral establishment permits shall be made on forms provided by the Board andfiled with the Board by the owner, a partner, a member of the limited liabilitycompany, or an officer of the corporation by January 1 of each year, and shallbe accompanied by the application fee or renewal fee, as the case may be. Allpermits shall expire on December 31 of each year. If the renewal applicationand renewal fee are not received in the Board's office on or before February 1,a late renewal fee, in addition to the regular renewal fee, shall be charged.

(4)        The Board may placeon probation, refuse to issue or renew, suspend, or revoke a permit when anowner, partner, manager, member, operator, or officer of the funeralestablishment violates any provision of this Article or any regulations of theBoard, or when any agent or employee of the funeral establishment, with theconsent of any person, firm or corporation operating the funeral establishment,violates any of those provisions, rules or regulations. In any case in whichthe Board is entitled to place a funeral establishment permittee on a term ofprobation, the Board may also impose a penalty of not more than five thousanddollars ($5,000) in conjunction with the probation. In any case in which theBoard is entitled to suspend, revoke, or refuse to renew a permit, the Boardmay accept from the funeral establishment permittee an offer to pay a penaltyof not more than five thousand dollars ($5,000). The Board may either accept apenalty or revoke or refuse to renew a license, but not both. Any penalty underthis subdivision may be in addition to any penalty assessed against one or morelicensed individuals employed by the funeral establishment.

(5)        Funeralestablishment permits are not transferable. A new application for a permitshall be made to the Board within 30 days of a change of ownership of a funeralestablishment.

(d1)      Embalming OutsideEstablishment. – An embalmer who engages in embalming in a facility other thana funeral establishment or in the residence of the deceased person shall, nolater than January 1 of each year, register the facility with the Board onforms provided by the Board.

(e)        Revocation;Suspension; Compromise; Disclosure. –

(1)        Whenever the Boardfinds that an applicant for a license or a person to whom a license has beenissued by the Board is guilty of any of the following acts or omissions and theBoard also finds that the person has thereby become unfit to practice, theBoard may suspend or revoke the license or refuse to issue or renew thelicense, in accordance with the procedures set out in Chapter 150B of theGeneral Statutes:

a.         Conviction of afelony or a crime involving fraud or moral turpitude.

a1.       Denial, suspension,or revocation of an occupational or business license by another jurisdiction.

b.         Fraud ormisrepresentation in obtaining or renewing a license or in the practice offuneral service.

c.         False or misleadingadvertising as the holder of a license.

d.         Solicitation of deadhuman bodies by the licensee, his agents, assistants, or employees; but thisparagraph shall not be construed to prohibit general advertising by thelicensee.

e.         Employment directlyor indirectly of any resident trainee agent, assistant or other person, on apart‑time or full‑time basis, or on commission, for the purpose ofcalling upon individuals or institutions by whose influence dead human bodiesmay be turned over to a particular licensee.

f.          The payment oroffer of payment of a commission by the licensee, his agents, assistants oremployees for the purpose of securing business except as authorized by Article13D of this Chapter.

g.         Gross immorality,including being under the influence of alcohol or drugs while practicingfuneral service.

h.         Aiding or abettingan unlicensed person to perform services under this Article, including the useof a picture or name in connection with advertisements or other writtenmaterial published or caused to be published by the licensee.

i.          Failing to treat adead human body with respect at all times.

j.          Violating orcooperating with others to violate any of the provisions of this Article orArticles 13D, 13E, or 13F of Chapter 90 of the General Statutes, any rules andregulations of the Board, or the standards set forth in Funeral IndustryPractices, 16 C.F.R. 453 (1984), as amended from time to time.

k.         Violation of anyState law or municipal or county ordinance or regulation affecting thehandling, custody, care or transportation of dead human bodies.

l.          Refusing tosurrender promptly the custody of a dead human body or cremated remains upon theexpress order of the person lawfully entitled to the custody thereof.

m.        Knowingly making anyfalse statement on a certificate of death or violating or cooperating withothers to violate any provision of Article 4 or 16 of Chapter 130A of theGeneral Statutes or any rules or regulations promulgated under those Articlesas amended from time to time.

n.         Indecent exposure orexhibition of a dead human body while in the custody or control of a licensee.

Inany case in which the Board is entitled to suspend, revoke or refuse to renew alicense, the Board may accept from the licensee an offer to pay a penalty ofnot more than five thousand dollars ($5,000). The Board may either accept apenalty or revoke or refuse to renew a license, but not both.

(2)        Where the Boardfinds that a licensee is guilty of one or more of the acts or omissions listedin subdivision (e)(1) of this section but it is determined by the Board thatthe licensee has not thereby become unfit to practice, the Board may place thelicensee on a term of probation in accordance with the procedures set out inChapter 150B of the General Statutes. In any case in which the Board isentitled to place a licensee on a term of probation, the Board may also imposea penalty of not more than five thousand dollars ($5,000) in conjunction withthe probation. The Board may also require satisfactory completion of remedialor educational training as a prerequisite to license reinstatement or forcompleting the term of probation.

No person licensed under thisArticle shall remove or cause to be embalmed a dead human body when he or shehas information indicating crime or violence of any sort in connection with thecause of death, nor shall a dead human body be cremated, until permission ofthe State or county medical examiner has first been obtained. However, nothingin this Article shall be construed to alter the duties and authority now vestedin the office of the coroner.

No funeral serviceestablishment shall accept a dead human body from any public officer (excludingthe State or county medical examiner or his agent), or employee or from theofficial of any institution, hospital or nursing home, or from a physician orany person having a professional relationship with a decedent, without havingfirst made due inquiry as to the desires of the persons who have the legalauthority to direct the disposition of the decedent's body. If any persons arefound, their authority and directions shall govern the disposal of the remainsof the decedent. Any funeral service establishment receiving the remains inviolation of this subsection shall make no charge for any service in connectionwith the remains prior to delivery of the remains as stipulated by the personshaving legal authority to direct the disposition of the body. This sectionshall not prevent any funeral service establishment from charging and beingreimbursed for services rendered in connection with the removal of the remainsof any deceased person in case of accidental or violent death, and renderingnecessary professional services required until the persons having legalauthority to direct the disposition of the body have been notified.

When and where a licenseepresents a selection of funeral merchandise to the public to be used inconnection with the service to be provided by the licensee or an establishmentas licensed under this Article, a card or brochure shall be directly associatedwith each item of merchandise setting forth the price of the service using saidmerchandise and listing the services and other merchandise included in theprice, if any. When there are separate prices for the merchandise and services,such cards or brochures shall indicate the price of the merchandise and of theitems separately priced.

At the time funeralarrangements are made and prior to the time of rendering the service andproviding the merchandise, a funeral director or funeral service licensee shallgive or cause to be given to the person or persons making such arrangements awritten statement duly signed by a licensee of said funeral establishmentshowing the price of the service as selected and what services are includedtherein, the price of each of the supplemental items of services or merchandiserequested, and the amounts involved for each of the items for which the funeralestablishment will advance moneys as an accommodation to the person makingarrangements, insofar as any of the above items can be specified at that time.If fees charged by a finance company for expediting payment of life insuranceproceeds to the establishment will be passed on to the person or personsresponsible for payment of the funeral expenses, information regarding thefees, including the total dollar amount of the fee, shall be disclosed inwriting. The statement shall have printed, typed or stamped on the facethereof: "This statement of disclosure is provided under the requirementsof North Carolina G.S. 90‑210.25(e)." The Board may prescribe otherdisclosures that a licensee shall give to consumers upon finding that thedisclosure is necessary to protect public health, safety, and welfare.

(e1)      The taking orrecovery of human tissue at a funeral establishment by any person isprohibited. The prohibition does not apply to any of the following:

(1)        A licensee underthis Article that performs embalming or otherwise prepares a dead human body inthe ordinary course of business.

(2)        The Chief MedicalExaminer or anyone acting under the Chief Medical Examiner's authority.

(3)        An autopsytechnician who takes or recovers tissue from a dead human body if all of thefollowing apply:

a.         The taking orrecovery is the subject of an academic research program.

b.         The academicresearch program has appropriate Institutional Review Board supervision.

c.         The academicresearch program has obtained informed consent of the donor or the personlegally authorized to provide consent.

No funeral establishment orperson licensed under this Article shall permit the taking or recovery of humantissue from a dead human body in its custody or control for humantransplantation purposes or for research purposes, except that a funeralestablishment or person licensed under this Article may permit an autopsytechnician to take or recover tissue at a funeral establishment pursuant tosubdivision (3) of this subsection. No funeral establishment or any of itslicensees, agents, or employees shall accept, solicit, or offer to accept anypayment, gratuity, commission, or compensation of any kind for referringpotential tissue donors to a tissue bank or tissue broker or to an eye bank oreye broker. For purposes of this subsection, the term "tissue" doesnot include an eye.

(f)         UnlawfulPractices. – If any person shall practice or hold himself or herself out aspracticing the profession or art of embalming, funeral directing or practice offuneral service or operating a funeral establishment without having compliedwith the provisions of this Article, the person shall be guilty of a Class 2misdemeanor.

(g)        Whenever it shallappear to the Board that any person, firm or corporation has violated,threatens to violate or is violating any provisions of this Article, the Boardmay apply to the courts of the State for a restraining order and injunction torestrain these practices. If upon application the court finds that anyprovision of this Article is being violated, or a violation is threatened, thecourt shall issue an order restraining and enjoining the violations, and thisrelief may be granted regardless of whether criminal prosecution is institutedunder the provisions of this subsection. The venue for actions brought underthis subsection shall be the superior court of any county in which the acts arealleged to have been committed or in the county where the defendant in theaction resides. (1901,c. 338, ss. 9, 10, 14; Rev., ss. 3644, 4388; 1917, c. 36; 1919, c. 88; C.S.,ss. 6781, 6782; 1949, c. 951, s. 4; 1951, c. 413; 1957, c. 1240, ss. 2, 21/2;1965, cc. 719, 720; 1967, c. 691, s. 48; c. 1154, s. 2; 1969, c. 584, ss. 3,3a, 4; 1975, c. 571; 1979, c. 461, ss. 11‑21; 1981, c. 619, ss. 1‑4;1983, c. 69, s. 5; 1985, c. 242; 1987, c. 430, ss. 4‑11; c. 827, s. 1; c.879, s. 6.2; 1991, c. 528, ss. 4, 5; 1993, c. 539, s. 638; 1994, Ex. Sess., c.24, s. 14(c); 1997‑399, ss. 5‑13; 2001‑294, s. 3; 2002‑147,s. 9; 2003‑420, ss. 1, 7; 2007‑297, s. 1; 2007‑531, s. 4.)