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O.C.G.A. § 43-18-71 — Funeral establishments and crematories to be licensed and to employ licensed funeral director; display of name and license of funeral director | Georgia Code
O.C.G.A. § 43-18-71 (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

43-18-71. Funeral establishments and crematories to be licensed and to employ licensed funeral director; display of name and license of funeral director.

  1. It shall be unlawful for any person, firm, corporation, or association to operate a funeral establishment or crematory engaged in the business of funeral directing or embalming or cremating without first obtaining a license from the board in accordance with this article. The board shall not issue a license to any funeral establishment or crematory unless such funeral establishment or crematory shall employ the service of a funeral director licensed in accordance with this article, who shall be in full and continuous charge of the establishment and who is a resident of this state. There shall be conspicuously displayed in each funeral establishment and crematory the name and license of the funeral director in full and continuous charge.A funeral director who is in full and continuous charge shall:
    1. Assume full responsibility for the supervision and operation of the funeral establishment for which that person has been designated as funeral director;
    2. Act as funeral director for only one funeral establishment; and
    3. Spend a minimum of 40 hours per week in the employ and operation of the establishment and be accessible and available to the community.
  2. When there is a change in the funeral director in full and continuous charge, such change shall be reported to the board in writing within five days of the effective date of such change.The board may request the new funeral director in full and continuous charge and owner to appear before the board to determine if the requirements for a funeral director in full and continuous charge have been met.

(Code 1981, §43-18-71, enacted by Ga. L. 1990, p. 1372, § 1; Ga. L. 1992, p. 2762, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Trade name of funeral home need not contain surname of person licensed to conduct business; name of licensed person must be conspicuously displayed in the establishment. 1965-66 Op. Att'y Gen. No. 65-105.

RESEARCH REFERENCES

ALR.

- Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

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