2017 South Carolina Code of Laws
Title 40 - Professions and Occupations
CHAPTER 19 - EMBALMERS AND FUNERAL DIRECTORS
Section 40-19-110. Unprofessional conduct; refusal to issue or renew license; suspension or revocation of license; probation.

The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes:

(1) making misrepresentations or committing fraud while engaging in the practice of funeral service;

(2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment;

(3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;

(4) employing persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain business for the licensee;

(5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;

(6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct;

(7) aiding or abetting an unlicensed person to engage in the practice of funeral service;

(8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;

(9) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;

(10) failing to secure a permit for removal or burial of a dead human body before interment or disposal;

(11) knowingly making a false statement on a certificate of death;

(12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral;

(13) discriminating in services because of race, creed, color, or national origin;

(14) violating a state or federal law or municipal or county ordinance or regulation concerning funeral establishments or the practice of funeral service;

(15) permitting an unlicensed person to engage in the practice of funeral service.

(16) an embalmer, funeral director, funeral company, cemetery, or related entity charging a fee for assignment to the embalmer, funeral director, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35.

HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 5; 2004 Act No. 188, Section 6; 2007 Act No. 74, Section 3.

Editor's Note

Prior Laws:1955 (49) 550; 1962 Code Section 56-668; 1967 (55) 937; 1983 Act No. 146, Section 1; 1976 Code Section 40-19-180.