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2018 Georgia Code 43-18-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-18-41 Case Law from Google Scholar Amendments to OCGA 43-18-41

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

43-18-41. Qualifications of embalmer or funeral director applicants.

  1. Each applicant for a license as either an embalmer or a funeral director shall:
    1. Be at least 18 years of age;
    2. Be of good moral character; and
    3. Have graduated from a high school or have earned a general education development certificate.
  2. In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall:
    1. Have graduated from a program at an accredited college of funeral service or such other college as provided by board rule; and
    2. Have completed a minimum of 3,120 hours, pursuant to rules and regulations of the board, of service as an apprentice as provided in Code Sections 43-18-50 through 43-18-54.
  3. In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass an examination approved by the board which tests knowledge of the law of this state relating to funeral directors.
  4. An individual who has met the educational requirement specified in paragraph (1) of subsection (b) of this Code section shall be eligible to take the section of the examination for embalmer relating directly to scholastic training without waiting until such individual meets the additional requirements for licensure specified in paragraph (2) of said subsection; provided, however, that such individual must submit a proper application and pay the required fees as determined by the board. An applicant for licensure as an embalmer who shall have successfully completed the section of the examination for embalmer relating directly to scholastic training shall have no status as an embalmer until such applicant meets all other requirements for licensure as outlined in this article and has received a license as an embalmer from the board.

(Code 1981, §43-18-41, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1991, p. 94, § 43; Ga. L. 1992, p. 2762, § 2; Ga. L. 1998, p. 1322, § 1; Ga. L. 2010, p. 266, § 22/SB 195.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 84-809, have been included in the annotations for this Code section.

Rationale behind former Code 1933, § 84-809 was that unless a human body was properly embalmed and buried or cremated, the body may become a health hazard. Smith v. Poteet, 127 Ga. App. 735, 195 S.E.2d 213 (1972) (decided under former Code 1933, § 84-809).

Services involving handling of corpses cannot be delegated or contracted to unlicensed individual. Smith v. Poteet, 127 Ga. App. 735, 195 S.E.2d 213 (1972) (decided under former Code 1933, § 84-809).

Distinction between delegable and nondelegable duties.

- One must distinguish between portions of funeral director's work which are directly aligned with the director's statutory professional responsibility of embalming and burial and those responsibilities the director assumes because of social mores. The former is fixed by statute to avoid health hazards; the latter is decreed by society because of culture and customs. Preparations made for relatives and friends to attend funeral services clearly fall under the latter category and no health hazard is involved. Therefore, an independent contractor may prepare a burial site including placement of artificial grass carpeting. Smith v. Poteet, 127 Ga. App. 735, 195 S.E.2d 213 (1972) (decided under former Code 1933, § 84-809).

Preparation of burial site can be delegated.

- Work of independent contractor of preparing burial site, including placing artificial grass, chairs, and normal burial equipment, does not come within professional category such as embalming and corpse preparations which must be performed by individual professional licensee. Smith v. Poteet, 127 Ga. App. 735, 195 S.E.2d 213 (1972) (decided under former Code 1933, § 84-809).

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

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