X-Message-Number: 23504 From: "Michael P. Read" <> Subject: Alcor Bill Date: Tue, 24 Feb 2004 17:04:02 -0700 Here is a copy of the Bill proposed to regulate Alcor. Happy Reading, Mike Read ********************************************** ------------------ | REFERENCE TITLE: embalmers; funeral establishments; storing remains | ------------------ | | | | | | | | | State of Arizona | | House of Representatives | | Forty-sixth Legislature | | Second Regular Session | | 2004 | | | ------------------ | HB 2637 | ------------------ | Introduced by | | Representatives Stump, Gullett, Huffman, Meza, O'Halleran: Aguirre A, Allen J, Alvarez, | | Arnold, Barnes, Boone, Bradley, Burns J, Bustamante, Cajero Bedford, Carruthers, | | Downing, Flake, Gallardo, Gray C, Gray L, Hart, Hershberger, Hubbs, Jackson Jr, Jayne, | | Konopnicki, Lopes, Lopez L, Mason, McClure, Miranda B, Nelson, Nichols, Pierce, | | Prezelski, Quelland, Robson, Rosati, Straughn, Thompson, Tully, Wagner, Yarbrough, | | Senators Anderson, Bee, Blendu, Cannell R, Giffords, Martin | ------------------ AN ACT AMENDING TITLE 32, CHAPTER 12, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-1340; AMENDING SECTIONS 32-1361 AND 32-1390.01, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 7, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-851; RELATING TO FUNERAL DIRECTORS AND EMBALMERS. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Title 32, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 32-1340, to read: 32-1340. Storage of body or remains; licensure; registration; definition A. A PERSON OR ENTITY SHALL BE LICENSED OR REGISTERED PURSUANT TO THIS CHAPTER IF THE PERSON OR ENTITY STORES A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS EVEN IF THE STORAGE BEGINS BEFORE JANUARY 1, 2005. B. FOR THE PURPOSES OF THIS SECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID. Sec. 2. Section 32-1361, Arizona Revised Statutes, is amended to read: 32-1361. Prohibition of embalming or storage by certain persons; certification of embalming; definition A. Only a licensed embalmer, a licensed intern, a registered embalmer's assistant, a registered apprentice embalmer or a student who assists a licensed embalmer in the embalming of dead human bodies pursuant to section 32-1337 shall embalm a dead human body OR STORE A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS. A licensed intern, registered apprentice embalmer or student may only embalm a dead human body OR STORE A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS ONLY under the direct supervision of a licensed embalmer. B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer's signature and license number. C. FOR THE PURPOSES OF THIS SECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID. Sec. 3. Section 32-1390.01, Arizona Revised Statutes, is amended to read: 32-1390.01. Funeral establishments; disciplinary action; civil penalty A. The board may deny or refuse to renew the license of a funeral establishment or may take disciplinary action against a funeral establishment for any of the following reasons: 1. Fraud or misrepresentation in obtaining a license. 2. Failure to employ and designate a responsible funeral director. 3. The display or use of a funeral establishment license at any place other than the establishment to which it is issued. 4. A violation of any provision of title 44, chapter 10, article 7. 5. A violation of any provision of this chapter or a rule adopted pursuant to this chapter. 6. An act by an agent or an employee of a funeral establishment that violates any provision of this chapter or rules adopted pursuant to this chapter. B. The acts or omissions of an agent or employee of a funeral establishment that violate any provision of this chapter or rules adopted pursuant to this chapter are considered to be the acts or omissions of the funeral establishment. C. If the board finds that a funeral establishment has committed an offense listed in subsection A, it may take any of the following actions: 1. Issue a letter of censure or reprimand. 2. Impose probationary terms as the board considers necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee, including restitution to any customer or other person who was injured by a violation of this chapter or A rule adopted pursuant to this chapter. 3. Impose a civil penalty not to exceed three thousand dollars per violation. 4. Revoke the license of the establishment pursuant to a disciplinary proceeding. 5. Suspend the license for not more than ninety days for a first offense or not more than one hundred eighty days for a second offense. D. THE BOARD'S POWER UNDER THIS SECTION EXTENDS TO ANY PERSON OR ENTITY THAT STORES A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS EVEN IF THE STORAGE BEGINS BEFORE JANUARY 1, 2005. FOR THE PURPOSES OF THIS SUBSECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID. Sec. 4. Title 36, chapter 7, article 3, Arizona Revised Statutes, is amended by adding section 36-851, to read: 36-851. Applicability; definition A. THIS ARTICLE DOES NOT APPLY TO A PERSON OR ENTITY THAT CHARGES A FEE FOR THE STORAGE OF A DEAD HUMAN BODY OR REMAINS OF A DEAD HUMAN BODY FOR MORE THAN FIVE YEARS. B. FOR THE PURPOSES OF THIS SECTION, "REMAINS" MEANS ANY ORGAN, TISSUE, EYE, BONE, ARTERY OR OTHER PORTION OF A HUMAN BODY AND DOES NOT INCLUDE BLOOD OR ANY OTHER BODILY FLUID. Sec. 5. Effective date This act is effective from and after December 31, 2004. Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=23504