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O.C.G.A. § 43-18-23 — Powers and duties; rules and regulations; seal | Georgia Code
O.C.G.A. § 43-18-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 43 PROFESSIONS AND BUSINESSES

Section 18. Funeral Directors and Establishments, Embalmers, and Crematories, 43-18-1 through 43-18-108.

ARTICLE 1 FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, AND CREMATORIES

43-18-23. Powers and duties; rules and regulations; seal.

For the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies, the board is authorized:

  1. To prescribe a standard of proficiency as to the qualifications and fitness of those engaged in and who may engage in the practice of embalming or funeral directing and the care and disposition of dead human bodies;
  2. To revoke the license of any embalmer or funeral director for incompetency, conviction of a crime involving moral turpitude, violation of this article, failure to observe the standards of proficiency or rules and regulations promulgated by the board, or any other cause as provided in this article;
  3. To fix and prescribe rules and regulations governing the business or profession of funeral directing and the business or profession of embalming;
  4. To fix and prescribe standards of sanitation to be observed in the embalming of dead human bodies or cremation of dead human bodies;
  5. To regulate and control the business or profession of funeral directing or embalming;
  6. To fix and prescribe minimum standards of general appearance of funeral establishments or crematories;
  7. To adopt a common seal; and
  8. To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and for the practice of embalming and funeral directing within this state.All rules and regulations of the board existing immediately prior to April 11, 1990, which are not inconsistent with this article shall continue in effect until repealed, amended, or otherwise changed by the board.

(Code 1981, §43-18-23, enacted by Ga. L. 1990, p. 1372, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "April 11, 1990," was substituted for "the effective date of this article" in the second sentence of paragraph (8).

Administrative Rules and Regulations.

- Rules for funeral service, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Funeral Service, Chapter 250-1 et seq.

RESEARCH REFERENCES

ALR.

- Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.

PART 3 L ICENSES FOR FUNERAL DIRECTORS AND EMBALMERS

Administrative Rules and Regulations.

- Establishment, crematory licensure and regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Funeral Service, Chapter 250-6.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.