O.C.G.A. § 43-17-23 (2019)
Violations of chapter
(a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
(b) Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one nor more than five years, or both.
(c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law.
History
Code 1981, § 43-17-23, enacted by Ga. L. 1988, p. 490, § 1.
CHAPTER 18 FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, AND CREMATORIES PART 3
Article 1
LICENSES FOR FUNERAL DIRECTORS AND EMBALMERS
Funeral Directors and Establishments, Embalmers, and Crematories
Sec.
PART 1 GENERAL PROVISIONS Sec.
Definitions. Declaration of policy. Practicing without complying with article. Unlicensed practice as constituting public nuisance; injunctions. Unlawful acts; exemption. Penalty. [Reserved] Termination. Identification of body or remains of deceased; affidavit required for cremated remains. Disposition of veterans’ cremated remains. Investigation of complaints; notice of potential illegalities to Attorney General and local sheriff; review by Attorney General.
PART 2
Continuation of board. Composition of board; qualifications of members; vacancies; removal of members. Election of president; meetings; reimbursement of members; conflict of interest. Powers and duties; rules and regulations; seal.
Application for license; examination. Qualifications of embalmer or funeral director applicants. Reciprocity; examination upon meeting qualifications. Biennial renewal of licenses. Application for reinstatement of licensure. Display of renewal license, wall certificate, or apprentice registration in office or place of business. Transferability of licenses. Grounds for denial or revocation of license or registration; other discipline. Revocation hearing; service on licensee or applicant; revocation or restriction of license or registration. Refusal to grant license or registration. Reinstatement of revoked license. Application for funeral service apprenticeship; period of apprenticeship. Renewal of registration of apprenticeship. Supervision and control of apprentices; reporting hours served. Leaves of absence during apprenticeship. Refusal to grant apprenticeship registration; grounds for suspension, revocation, limitation of, or refusal to renew registration; reregistration.
Sec.
PROFESSIONS AND BUSINESSES Sec. Continuing education requirements for embalmers. Continuing education requirements for funeral directors.
PART 4
OPERATION OF FUNERAL ESTABLISHMENTS AND CREMATORIES
Practice at licensed funeral establishment or crematory; facilities; living quarters. Funeral establishments and crematories to be licensed and to employ licensed funeral director; display of name and license of funeral director. Crematories to be licensed; equipment, facilities, and personnel; application; reports; limitation of single body in cremation device. Renewal of licenses for the operation of funeral estab-
Annotations
Cross references. Prohibition against certain contracts and activities by insurers relating to pro-
lishments and crematories; changes in ownership. Transferability of licenses. Inspections; suspension or revocation of license; other disciplinary actions. Fine schedule for violation of minimum standards. Funeral establishment or crematory temporarily without services of funeral director. Temporary destruction of licensed funeral establishment or crematory; use of temporary location during grace period. Death of license holder. Authorizing agent; statement specifying disposition of cremated remains; shipment of remains. Article 2
Contracts for Preneed Funeral Services 43-18-90 through 43-18-108. [Reserved].
vision of funeral services for insureds, § 33-1-10 et seq.
RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq. C.J.S. 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Con-
stitutional Law, §§ 1055-1058, 14441448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281. ALR. Liability of undertaker or funeral director for injury to passenger in vehicle furnished by former, 29 A.L.R. 827. Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646. Validity and construction of conditions
in title to burial lot or regulations by cemetery company as regards monuments, vaults, and the like, 174 A.L.R. 977. Validity of statutes regulating preneed contracts for the sale or furnishing of burial services and merchandise, 68 A.L.R.2d 1251. Validity and construction of statute, ordinance, or other regulation in relation to
funeral directors and embalmers, 89 A.L.R.2d 1338. Civil liability of undertaker for acts or omissions relating to corpse, 48 A.L.R.3d 240; 18 A.L.R.4th 858; 53 A.L.R.4th 360. Recoverability of compensatory damages for mental anguish or emotional distress for breach of service contract, 54 A.L.R.4th 901.
ARTICLE 1 FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, AND CREMATORIES Cross references. Disposition of dead bodies generally, T. 31, C. 21. Editor’s notes. Ga. L. 1990, effective April 11, 1990, repealed the Code sections formerly codified at this article and enacted the current article. The former article, pertaining to funeral directors, embalmers, and operators of funeral establishments, consisted of Code Sections 43-18-1 through 43-18-8 (Part 1 of Article 1), 43-18-20 through 43-18-23 (Part 2 of Article 1), 43-18-40 through 43-18-50 (Part 3 of Article 1), and 43-18-70 through 43-18-77 (Part 4 of Article 1). These Code sections were based on Ga. L. 1899, p. 70, §§ 1-9; Civil Code 1910, §§ 1712-1720; Penal Code 1910, § 411; Ga. L. 1916, p. 77, §§ 1, 3; Ga. L. 1925, p. 188, § 2; Ga. L. 1933, p. 132, §§ 1, 2, 5, 6, 9; Code 1933, §§ 84-801 - 84-812, 84-816, 84-819 - 84-823, 84-827
- 84-829, 84-9912, 84-9913; Ga. L. 1935, p. 485, §§ 1-3; Ga. L. 1943, p. 307, §§ 1, 2; Ga. L. 1950, p. 238, §§ 1-14, 17-20, 24-29; Ga. L. 1959, p. 359, § 1; Ga. L. 1960, p. 806, §§ 1-10; Ga. L. 1966, p. 377, § 1; Ga. L. 1967, p. 811, § 1; Ga. L. 1975, p. 1152, § 1; Ga. L. 1976, p. 233, §§ 1, 2; Ga. L. 1978, p. 1002, § 1; Ga. L. 1978, p. 1359, §§ 1-4; Ga. L. 1980, p. 1097, §§ 2-6; Code 1981, § 43-18-8; Ga. L. 1984, p. 22, § 43; Ga. L. 1984, p. 511, §§ 1-3. Ga. L. 1990, p. 1372, § 2, not codified by the General Assembly, provides that: “nothing in this Act shall prohibit any funeral home director to conduct business outside of his or her county of residence.” Administrative rules and regulations. Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Funeral Service, Chapter 250-1.
PART 1 GENERAL PROVISIONS