AN ACT Relating to
funeral directors and embalmers; amending RCW 18.39.035, 18.39.045, 18.39.070,
18.39.100, 18.39.175, 18.39.181, 18.39.250, and 18.39.800; reenacting and
amending RCW 18.39.130; and repealing RCW 18.39.160 and 18.39.190.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 18.39.035 and 1981 c
43 s 3 are each amended to read as follows:
(1) An applicant for a
license as a funeral director shall be at least eighteen years of age, of good
moral character, and must have obtained an associate of arts degree in
mortuary science or completed a course of not less than two years in an
accredited college, and a one-year course of training under a licensed funeral
director in this state. The applicant must also pass an examination ((which
shall include the following subjects: Funeral directing, psychology, the signs
of death, sanitary science, the preparation, burial, and disposal of dead human
bodies, and the shipment of bodies of persons dying of contagious or infectious
diseases)) in the funeral arts and an examination in the laws of this
state pertaining to the handling, care, transportation, and disposition of
human remains and the contents of this chapter.
(2) An applicant for a
license as an embalmer must be at least eighteen years of age, of good moral
character, and have obtained an associate of arts degree in mortuary science
or completed a course of instruction in an accredited mortuary science college
program and other college courses that total sixty semester hours or ninety
quarter hours, completed ((two years at an accredited college,)) a
two-year course of training under a licensed embalmer in this state, and ((a
full course of instruction in an embalming school approved by the board. No
portion of the course of instruction in the embalming school can be applied
towards satisfaction of the two-year college course. The applicant must also
pass an examination in each of the following subjects: Embalming, anatomy and
physiology including histology, embryology, and dissection, pathology,
bacteriology, public health including sanitation and hygiene, chemistry
including toxicology, restorative art including plastic surgery and
demi-surgery,)) have passed an examination in the funeral sciences and
an examination in the laws of this state pertaining to the handling,
care, ((disinfection, preservation,)) transportation, ((burial, and
disposal of dead human bodies)) and disposition of human remains,
and the contents of this chapter ((and of the law of the state relating to
infectious diseases and quarantine)).
Sec. 2. RCW 18.39.045 and 1982 c
66 s 20 are each amended to read as follows:
(1) The two-year
college course required for funeral directors under this chapter shall
consist of sixty semester or ninety quarter hours of instruction at a school,
college, or university accredited by the Northwest Association of Schools and
Colleges or other accrediting association approved by the board, with a minimum
2.0 grade point, or a grade of C or better, in each subject required by
subsection (2) of this section.
(2) Credits shall
include one course in ((each of the following subjects:)) psychology,
one in mathematics, ((chemistry, and biology or zoology. Instruction
shall also include)) two courses in English composition and rhetoric, two
courses in social science, and three courses selected from the following
subjects: Behavioral sciences, public speaking, counseling, business
administration and management, and first aid.
(3) This
section does not apply to any person registered and in good standing as an
apprentice funeral director or embalmer on or before January 1, 1982.
Sec. 3. RCW 18.39.070 and 1981 c
43 s 6 are each amended to read as follows:
(1) License
examinations shall be held by the director at least once each year at a time
and place to be designated by the director. Application to take an examination
shall be filed with the director at least forty-five days prior to the
examination date and the department shall give each applicant notice of the
time and place of the next examination by written notice mailed to the
applicant's address as given upon his or her application not later than
fifteen days before the examination, but no person may take an examination
unless his or her application has been on file for at least fifteen days
before the examination. The applicant shall be deemed to have passed an
examination if the applicant attains a grade of not less than seventy-five
percent in each ((subject of the)) examination. Any applicant who fails
((any subject in the first)) an examination shall be entitled, at
no additional fee, to ((a second)) one retake of that examination
((in the subject or subjects at the next regular examination)).
(2) An applicant for a
license hereunder may take his or her written examination after
completing the educational requirements and before completing the course of
training required under RCW 18.39.035.
Sec. 4. RCW 18.39.100 and 1937 c
108 s 7 are each amended to read as follows:
Every license issued
hereunder shall specify the name of the person to whom it is issued((, shall
bear the signature of the licensee for identification purposes,)) and shall
be displayed conspicuously in his or her place of business. No license
shall be assigned, and not more than one person shall carry on the profession
or business of funeral directing or embalming under one license.
Sec. 5. RCW 18.39.130 and 1986 c
259 s 60 and 1985 c 7 s 39 are each reenacted and amended to read as follows:
The board
may recognize licenses issued to funeral directors or embalmers from other
states if the applicant's qualifications are comparable to the requirements of
this chapter. Five years active experience as a licensee may be accepted to
make up a deficit in the comparable education requirements. Upon
presentation of the license and payment by the holder of a fee determined under
RCW 43.24.086, and successful completion of the examination of the laws of
this state pertaining to the handling, care, transportation, and disposition of
human remains and the contents of this chapter, the board may issue a
funeral director's or embalmer's license under this chapter. ((The license
may be renewed annually upon payment of the renewal license fee as herein
provided by license holders residing in the state of Washington.))
Sec. 6. RCW 18.39.175 and 1994 c
17 s 1 are each amended to read as follows:
Each member of the
board of funeral directors and embalmers shall be compensated in accordance
with RCW 43.03.240 and shall be reimbursed for travel expenses in connection
with board duties in accordance with RCW 43.03.050 and 43.03.060.
The state board of
funeral directors and embalmers shall have the following duties and
responsibilities:
(1) To be responsible
for the preparation, conducting, and grading of examinations of applicants for
funeral director and embalmer licenses;
(2) To certify to the
director the results of examinations of applicants and certify the applicant as
having "passed" or "failed";
(3) To make findings
and recommendations to the director on any and all matters relating to the
enforcement of this chapter;
(4) To adopt,
promulgate, and enforce reasonable rules. Rules regulating the cremation of
human remains ((and establishing fees)) and permit requirements shall be
adopted in consultation with the cemetery board;
(5) To examine or audit
or to direct the examination and audit of prearrangement funeral service trust
fund records for compliance with this chapter and rules adopted by the board;
and
(6) To adopt rules
establishing mandatory continuing education requirements to be met by persons
applying for license renewal.
Sec. 7. RCW 18.39.181 and 1986 c
259 s 65 are each amended to read as follows:
The director shall have
the following powers and duties:
(1) To issue all
licenses provided for under this chapter;
(2) To ((annually))
renew licenses under this chapter;
(3) To collect all fees
prescribed and required under this chapter; and
(4) To keep general
books of record of all official acts, proceedings, and transactions of the
department of licensing while acting under this chapter.
Sec. 8. RCW 18.39.250 and 1995
1st sp.s. c 18 s 62 are each amended to read as follows:
(1) Any funeral
establishment selling funeral merchandise or services by prearrangement funeral
service contract and accepting moneys therefore shall establish and maintain
one or more prearrangement funeral service trusts under Washington state law
with two or more designated trustees, for the benefit of the beneficiary of the
prearrangement funeral service contract or may join with one or more other
Washington state licensed funeral establishments in a "master trust"
provided that each member of the "master trust" shall comply
individually with the requirements of this chapter.
(2) Up to ten percent
of the cash purchase price of each prearrangement funeral service contract,
excluding sales tax, may be retained by the funeral establishment unless
otherwise provided in this chapter. If the prearrangement funeral service
contract is canceled within thirty calendar days of its signing, then the
purchaser shall receive a full refund of all moneys paid under the contract.
(3) At least ninety
percent of the cash purchase price of each prearrangement funeral service
contract, paid in advance, excluding sales tax, shall be placed in the trust
established or utilized by the funeral establishment. Deposits to the
prearrangement funeral service trust shall be made not later than the twentieth
day of the month following receipt of each payment made on the last ninety
percent of each prearrangement funeral service contract, excluding sales tax.
(4) All prearrangement
funeral service trust moneys shall be deposited in an insured account in a
qualified public depositary or shall be invested in instruments issued or
insured by any agency of the federal government if these securities are held in
a public depositary. The account shall be designated as the prearrangement
funeral service trust of the funeral establishment for the benefit of the
beneficiaries named in the prearrangement funeral service contracts. The
prearrangement funeral service trust shall not be considered as, nor shall it
be used as, an asset of the funeral establishment.
(5) After deduction of
reasonable fees for the administration of the trust, taxes paid or withheld, or
other expenses of the trust, all interest, dividends, increases, or accretions
of whatever nature earned by a trust shall be kept unimpaired and shall become
a part of the trust. Adequate records shall be maintained to allocate the
share of principal and interest to each contract. Fees deducted for the
administration of the trust shall not exceed one percent per year of the
((face)) amount ((of the prearrangement funeral service contract per
annum)) in trust. In no instance shall the administrative charges
deducted from the prearrangement funeral service trust reduce, diminish, or in
any other way lessen the value of the trust so that the services or merchandise
provided for under the contract are reduced, diminished, or in any other way
lessened.
(6) Except as otherwise
provided in this chapter, the trustees of a prearrangement funeral service
trust shall permit withdrawal of all funds deposited under a prearrangement
funeral service contract, plus accruals thereon, under the following
circumstances and conditions:
(a) If the funeral
establishment files a verified statement with the trustees that the
prearrangement funeral merchandise and services covered by the contract have
been furnished and delivered in accordance therewith; or
(b) If the funeral establishment
files a verified statement with the trustees that the prearrangement funeral
merchandise and services covered by the contract have been canceled in
accordance with its terms.
(7) Subsequent to the
thirty calendar day cancellation period provided for in this chapter, any
purchaser or beneficiary who has a revocable prearrangement funeral service
contract has the right to demand a refund of the amount in trust.
(8) Prearrangement
funeral service contracts which have or should have an account in a
prearrangement funeral service trust may be terminated by the board if the
funeral establishment goes out of business, becomes insolvent or bankrupt,
makes an assignment for the benefit of creditors, has its prearrangement
funeral service certificate of registration revoked, or for any other reason is
unable to fulfill the obligations under the contract. In such event, or upon
demand by the purchaser or beneficiary of the prearrangement funeral service
contract, the funeral establishment shall refund to the purchaser or
beneficiary all moneys deposited in the trust and allocated to the contract
unless otherwise ordered by a court of competent jurisdiction. The purchaser
or beneficiary may, in lieu of a refund, elect to transfer the prearrangement
funeral service contract and all amounts in trust to another funeral
establishment licensed under this chapter which will agree, by endorsement to
the contract, to be bound by the contract and to provide the funeral
merchandise or services. Election of this option shall not relieve the
defaulting funeral establishment of its obligation to the purchaser or
beneficiary for any amounts required to be, but not placed, in trust.
(9) Prior to the sale
or transfer of ownership or control of any funeral establishment which has
contracted for prearrangement funeral service contracts, any person,
corporation, or other legal entity desiring to acquire such ownership or
control shall apply to the director in accordance with RCW 18.39.145. Persons
and business entities selling or relinquishing, and persons and business
entities purchasing or acquiring ownership or control of such funeral
establishments shall each verify and attest to a report showing the status of
the prearrangement funeral service trust or trusts on the date of the sale.
This report shall be on a form prescribed by the board and shall be considered
part of the application for a funeral establishment license. In the event of
failure to comply with this subsection, the funeral establishment shall be
deemed to have gone out of business and the provisions of subsection (8) of
this section shall apply.
(10) Prearrangement
funeral service trust moneys shall not be used, directly or indirectly, for the
benefit of the funeral establishment or any director, officer, agent, or
employee of the funeral establishment including, but not limited to, any
encumbrance, pledge, or other use of prearrangement funeral service trust
moneys as collateral or other security.
(11)(a) If, at the time
of the signing of the prearrangement funeral service contract, the beneficiary
of the trust is a recipient of public assistance as defined in RCW 74.04.005,
or reasonably anticipates being so defined, the contract may provide that the
trust will be irrevocable. If after the contract is entered into, the
beneficiary becomes eligible or seeks to become eligible for public assistance
under Title 74 RCW, the contract may provide for an election by the
beneficiary, or by the purchaser on behalf of the beneficiary, to make the
trust irrevocable thereafter in order to become or remain eligible for such
assistance.
(b) The department of
social and health services shall notify the trustee of any prearrangement
service trust that the department has a claim on the estate of a beneficiary
for long-term care services. Such notice shall be renewed at least every three
years. The trustees upon becoming aware of the death of a beneficiary shall
give notice to the department of social and health services, office of
financial recovery, who shall file any claim there may be within thirty days of
the notice.
(12) Every
prearrangement funeral service contract financed through a prearrangement
funeral service trust shall contain language which:
(a) Informs the
purchaser of the prearrangement funeral service trust and the amount to be
deposited in the trust;
(b) Indicates if the
contract is revocable or not in accordance with subsection (11) of this
section;
(c) Specifies that a
full refund of all moneys paid on the contract will be made if the contract is
canceled within thirty calendar days of its signing;
(d) Specifies that, in
the case of cancellation by a purchaser or beneficiary eligible to cancel under
the contract or under this chapter, up to ten percent of the contract amount
may be retained by the seller to cover the necessary expenses of selling and
setting up the contract;
(e) Identifies the
trust to be used and contains information as to how the trustees may be
contacted.
Sec. 9. RCW 18.39.800 and 1993 c
43 s 2 are each amended to read as follows:
The funeral directors
and embalmers account is created in the ((custody of the)) state ((treasurer))
treasury. All fees received by the department for licenses, registrations,
renewals, examinations, and audits shall be forwarded to the state treasurer
who shall credit the money to the account. All fines and civil penalties
ordered by the superior court or fines ordered pursuant to RCW 18.130.160(8)
against holders of licenses or registrations issued under the provisions of
this chapter shall be paid to the account. All expenses incurred in carrying
out the licensing and registration activities of the department and the state
funeral directors and embalmers board under this chapter shall be paid from the
account as authorized by legislative appropriation. Any residue in the account
shall be accumulated and shall not revert to the general fund at the end of the
biennium. All earnings of investments of balances in the account shall be
credited to the general fund. Any fund balance remaining in the health
professions account attributable to the funeral director and embalmer
professions as of July 1, 1993, shall be transferred to the funeral directors
and embalmers account.
NEW SECTION. Sec.
10. The following acts or
parts of acts are each repealed:
(1) RCW 18.39.160 and 1937 c 108 s 12; and
(2) RCW 18.39.190 and 1981 c 43 s 14 &
1937 c 108 s 9.
