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Georgia Statutes, Title 43

Georgia/Statutes

← All Georgia coverage

Title 43

62 chapters · 1,329 sections in this title.

All chapters in Title 431,329 Ch 34, PHYSICIANS, ACUPUNCTURE, PHYSICIAN A…153 Ch 11, DENTISTS, DENTAL HYGIENISTS, AND DEN…53 Ch 18, FUNERAL DIRECTORS AND ESTABLISHMENTS…42 Ch 26, NURSES39 Ch 3, ACCOUNTANTS37 Ch 1, GENERAL PROVISIONS36 Ch 40, REAL ESTATE BROKERS AND SALESPERSONS36 Ch 4B, GEORGIA ATHLETIC AND ENTERTAINMENT C…35 Ch 21, OPERATORS OF HOTELS, INNS, AND ROADH…35 Ch 15, PROFESSIONAL ENGINEERS AND LAND SURV…34 Ch 39A, REAL ESTATE APPRAISERS32 Ch 6, AUCTIONEERS31 Ch 50, VETERINARIANS AND VETERINARY TECHNICIANS30 Ch 4, ARCHITECTS27

42 sections·Filtered byTitle 43✕Ch 18✕

O.C.G.A. § 43-18-1 Deﬁnitions
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As used in this article, the term: (1) “Alternative container” means any receptacle or enclosure which is of sufficient strength to be used to hold and to transport a dead human body. (2) “Apprentice” means a person who practices embalming, funeral directing, or both, under the d…
O.C.G.A. § 43-18-10 Investigation of complaints; notice of potential illegalities to Attorney General and local sheriff; review by Attorney General
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Any complaints received by the board shall be investigated within 30 days of receipt. If such investigation shows that there may be a violation of Code Section 10-14-17 or 10-14-18 or any felony violation of state or federal criminal law, there shall be an affirmative obligation …
O.C.G.A. § 43-18-2 Declaration of policy
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It is declared that this article shall be deemed an exercise of the health powers of the state for the prevention of the spread of infectious, communicable, and contagious diseases and for the protection of the sanitation, health, and welfare of the people of this state; and that…
O.C.G.A. § 43-18-20 Continuation of board
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The State Board of Funeral Service existing immediately prior to April 11, 1990, is continued in existence and shall be constituted as provided in this article with the powers, duties, and authority vested in such board by this article. History. Code 1981, § 43-18-20, enacted by …

O.C.G.A. § 43-18-21 Composition of board; qualiﬁcations of members; vacancies; removal of members

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(a) The board shall consist of six members who shall be licensed and practicing funeral directors and embalmers with a minimum of ﬁve years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral servic…

O.C.G.A. § 43-18-23 Powers and duties; rules and regulations; seal

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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 p…

O.C.G.A. § 43-18-3 Practicing without complying with article

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(a) It shall be unlawful for any person to engage in the practice of embalming or to represent to the public that such person is an embalmer, mortician, or undertaker without ﬁrst complying with this article. (b) It shall be unlawful for any person to engage in the business or pr…

O.C.G.A. § 43-18-4 Unlicensed practice as constituting public nuisance; injunctions

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The practice of embalming or funeral directing, as deﬁned in this article, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed to practice in this state is declar…

O.C.G.A. § 43-18-40 Application for license; examination

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Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not been licensed to do so shall make written application to the board through the division director for such license. Such application shall be upon such fo…

O.C.G.A. § 43-18-41 Qualiﬁcations of embalmer or funeral director applicants

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(a) 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 state approved high school equivalency (HSE) certiﬁcate. (b) In addition…

O.C.G.A. § 43-18-42 Reciprocity; examination upon meeting qualiﬁcations

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(a) The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state, territory, country, or District of Columbia full privileges to engage in equivalent practice authorized by this article without taking a na…

O.C.G.A. § 43-18-43 Biennial renewal of licenses

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(a) Each license issued by the board shall expire biennially. (b) If the licensee desires a renewal of such license, the board shall grant and issue the same without further examination upon application therefor and upon the payment of a renewal fee to be ﬁxed by the board. Histo…

O.C.G.A. § 43-18-43.1 Application for reinstatement of licensure

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If a licensee who has passed the examination for licensure as a funeral director required under this part and who has not been subject to disciplinary action by the board allows his or her license to lapse for a period of not more than ten years, the board shall reinstate such fu…

O.C.G.A. § 43-18-44 Display of renewal license, wall certiﬁcate, or apprentice registration in office or place of business

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Each person or establishment who receives a renewal license, wall certiﬁcate, or apprentice registration under this article shall display such renewal license, wall certiﬁcate, or apprentice registration in a conspicuous place in that person’s or establishment’s principal office …

O.C.G.A. § 43-18-45 Transferability of licenses

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All funeral director and embalmer licenses and apprentice registrations issued under this article shall apply only to the person receiving same and shall not be transferred or assigned. History. Code 1981, § 43-18-45, enacted by Ga. L. 1990, p. 1372, § 1.

O.C.G.A. § 43-18-46 Grounds for denial or revocation of license or registration; other discipline

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In addition to the authority provided in Code Section 43-1-19, the board may refuse to grant a license to operate a funeral establishment or to practice embalming or funeral directing, may refuse to grant a registration to serve as an apprentice, or may revoke, suspend, ﬁne, or o…

O.C.G.A. § 43-18-47 Revocation hearing; service on licensee or applicant; revocation or restriction of license or registration

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(a) Upon the presentation before the board of any of the grounds enumerated in Code Section 43-18-46 or elsewhere in this article for revoking a license or registration, it shall be the duty of the board to cause written notice of the time and place of hearing upon the charge pre…

O.C.G.A. § 43-18-48 Refusal to grant license or registration

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The board may refuse to grant a license or registration. Refusal to grant a license or registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 43-18-48, enacted by Ga. L. 1990, p. 1372…

O.C.G.A. § 43-18-49 Reinstatement of revoked license

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At any time after the ﬁnal termination of the proceeding revoking a license, the board may, by a majority vote, issue a new license to a person affected restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing, as …

O.C.G.A. § 43-18-5 Unlawful acts; exemption

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(a) It shall be unlawful for any person, ﬁrm, or corporation or any officer, agent, or employee of such person, ﬁrm, or corporation to practice or hold out to the public that such person, ﬁrm, or corporation as practicing embalming or funeral directing, or to act as an embalmer o…

O.C.G.A. § 43-18-50 Application for funeral service apprenticeship; period of apprenticeship

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(a) Every person desiring to serve as an apprentice shall make application as a funeral service apprentice to the board upon a form provided by the board. The applicant must be at least 18 years of age and have either graduated from high school or have a state approved high schoo…

O.C.G.A. § 43-18-51 Renewal of registration of apprenticeship

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A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours serve…

O.C.G.A. § 43-18-52 Supervision and control of apprentices; reporting hours served

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All apprentices shall be under the supervision and control of the board and shall upon application for licensure submit to the board proof of having served the required number of hours on forms provided by the board. After completing the 3,120 hours for apprenticeship within the …

O.C.G.A. § 43-18-53 Leaves of absence during apprenticeship

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(a) The board may grant leaves of absence for good cause, and grant extensions thereof to apprentices registered under the provisions of this article. However, no credit shall be given for the period during which the apprentice is on such leave, and no more than an aggregate of f…

O.C.G.A. § 43-18-54 Refusal to grant apprenticeship registration; grounds for suspension, revocation, limitation of, or refusal to renew registration; reregistration

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(a) Refusal to grant an apprenticeship registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” (b) The board shall be authorized to suspend, revoke, limit, or refuse to renew a registration of apprenticeshi…

O.C.G.A. § 43-18-55 Continuing education requirements for embalmers

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(a) The board shall be authorized to require persons seeking renewal of an embalmer’s license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions of high…

O.C.G.A. § 43-18-56 Continuing education requirements for funeral directors

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(a) The board shall be authorized to require persons seeking renewal of a funeral director’s license under this chapter to complete board approved continuing education of not less than ten hours biennially. The board shall be authorized to approve courses offered by institutions …

O.C.G.A. § 43-18-6 Penalty

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Any person, ﬁrm, or corporation or any officer, agent, or employee of such person, ﬁrm, or corporation who violates this article shall be guilty of a misdemeanor. History. Code 1981, § 43-18-6, enacted by Ga. L. 1990, p. 1372, § 1. 43-18-7. [Reserved] Termination. History. Ga. L.…

O.C.G.A. § 43-18-70 Practice at licensed funeral establishment or crematory; facilities; living quarters

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(a) No embalmer or funeral director shall engage in the practice of embalming or funeral directing at a funeral establishment or crematory which is not licensed by the board. (b) A funeral establishment must be at a speciﬁed street address or location and must have the following …

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

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(a) 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 bo…

O.C.G.A. § 43-18-72 Crematories to be licensed; equipment, facilities, and personnel; application; reports; limitation of single body in cremation device

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(a)(1) It shall be unlawful for any person, ﬁrm, corporation, or association to operate a crematory without ﬁrst obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a speciﬁc address or location and must meet the …

O.C.G.A. § 43-18-73 Renewal of licenses for the operation of funeral establishments and crematories; changes in ownership

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(a) Licenses for the operation of funeral establishments and of crematories shall expire biennially unless the owner or proprietor of a licensed funeral establishment or crematory applies to the board to renew the license prior to its expiration. The application shall show the na…

O.C.G.A. § 43-18-74 Transferability of licenses

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Licenses for funeral establishments or crematories shall be issued to such enterprises at their location at the time of issuance. Such license shall not be transferable to another location. History. Code 1981, § 43-18-74, enacted by Ga. L. 1990, p. 1372, § 1.

O.C.G.A. § 43-18-75 Inspections; suspension or revocation of license; other disciplinary actions

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(a) The board shall provide for inspections from time to time, but not less frequently than annually, of the premises of funeral establishments and crematories for purposes of ensuring compliance with the provisions of this article and any rules or regulations issued pursuant the…

O.C.G.A. § 43-18-76 Fine schedule for violation of minimum standards

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The board may establish a ﬁne schedule for violation of minimum standards which the board determines to be a threat to the health, safety, or welfare of the public. A determination of such a violation shall not be deemed to be a contested case under Chapter 13 of Title 50, the “G…

O.C.G.A. § 43-18-77 Funeral establishment or crematory temporarily without services of funeral director

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In the event that a funeral establishment or crematory is temporarily without the services of a funeral director in full and continuous charge, upon notice by the funeral establishment or crematory to the board within ﬁve days following the last day of service by such funeral dir…

O.C.G.A. § 43-18-78 Temporary destruction of licensed funeral establishment or crematory; use of temporary location during grace period

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In the event any funeral establishment or crematory is temporarily destroyed by ﬁre, ﬂood, or other natural catastrophe, upon notice by the funeral establishment or crematory to the board within ﬁve days following the destruction, the board may grant the funeral establishment or …

O.C.G.A. § 43-18-79 Death of license holder

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No funeral establishment license shall terminate upon the death of the holder thereof but shall pass to the legal representative of the deceased or, if there is no legal representative, to the widow of the deceased who may continue to operate the establishment for the unexpired t…

O.C.G.A. § 43-18-8 Identiﬁcation of body or remains of deceased; affidavit required for cremated remains

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(a)(1) The funeral director or person in charge of ﬁnal disposition of a dead body shall, prior to the interment or cremation of such dead body, affix on the ankle or wrist of the deceased a tag of durable, noncorroding material permanently marked with the name of the deceased, t…

O.C.G.A. § 43-18-80 Authorizing agent; statement specifying disposition of cremated remains; shipment of remains

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(a) For the purposes of this Code section, “authorizing agent” means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specify…

O.C.G.A. § 43-18-9 Disposition of veterans’ cremated remains

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(a) As used in this Code section, the term: (1) “Veteran” means a resident of this state who qualiﬁes as a veteran under the rules of the United States Department of Veterans Affairs and who was discharged under conditions other than dishonorable. (2) “Veterans’ organization” mea…

O.C.G.A. § 43-18-22 Continuation of board

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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. 43-18-52. 43-18-53. 43-18-54. 605 Application for license; examination. Q…