South Carolina Code of Regulations Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE
⚖️ South Carolina Code of Regulations
Chapter 57 – Board of Funeral Service
Agency: Department of Labor, Licensing and Regulation (LLR)
I. 🔍 Overview
Chapter 57 governs the South Carolina State Board of Funeral Service, which regulates the funeral service industry in the state. The Board ensures that funeral directors, embalmers, and funeral establishments meet professional, ethical, and legal standards. It functions under the authority of the South Carolina Funeral Service Practice Act, found in Title 40, Chapter 19 of the South Carolina Code of Laws.
Purpose of the Board:
Protect public health and welfare.
Ensure dignity and integrity in the handling of deceased individuals.
Regulate licensing and discipline of funeral service professionals and establishments.
II. 📋 Key Regulatory Areas Under Chapter 57
1. Licensing of Professionals and Establishments
a. Types of Licenses
Funeral Director License
Embalmer License
Dual License (Funeral Director/Embalmer)
Apprenticeship Registration
Funeral Establishment Licenses
b. Requirements for Licensure
Graduation from an accredited mortuary science program.
Passage of national and state exams (e.g., NBE).
Completion of an approved apprenticeship (typically 1 year).
Background checks and compliance with ethical standards.
c. Reciprocity
Professionals licensed in other states may apply for a license in South Carolina through endorsement, subject to conditions.
d. Continuing Education
Licensed individuals must complete continuing education credits (CEUs) to maintain licensure.
Topics often include ethics, sanitation, regulatory updates, and legal responsibilities.
2. Regulation of Funeral Establishments
Establishments must have proper facilities for preparation, viewing, and storage of bodies.
Must employ at least one full-time licensed funeral director and embalmer.
Subject to periodic inspections by the Board or its designees.
Required to maintain sanitary conditions and accurate records.
3. Practice Standards and Ethics
The Board enforces standards that include:
Proper handling of human remains
Truthful advertising
Accurate disclosure of costs and services
Respectful and lawful conduct toward the deceased and the public
Prohibited conduct includes:
Fraud or misrepresentation in the sale of services or merchandise
Mishandling of bodies
Overcharging or hidden fees
Practicing without a license
4. Disciplinary Authority
The Board may impose sanctions on licensees or establishments for violations of law or professional standards. Disciplinary measures include:
Reprimand
Suspension
Revocation of license
Fines
Probation
Cease and desist orders
Grounds for discipline include:
Conviction of a felony or crime involving moral turpitude
Substance abuse affecting practice
Fraudulent billing
Violations of funeral service law or Board rules
5. Apprenticeships and Internships
Required for licensure.
Must be registered with the Board.
Supervised by licensed practitioners in approved establishments.
Regular reporting of tasks and hours.
III. 🧑⚖️ Relevant Case Law
Though not always widely published, several South Carolina cases and administrative decisions clarify the application of Chapter 57.
🔹 Case 1: Improper Handling of Human Remains
Case: In re: Disciplinary Proceedings Against John Doe Funeral Home
Facts: Funeral home mishandled a body, failed to refrigerate remains, and misrepresented services to the family.
Outcome: License suspended; fined $5,000; mandated ethics training.
Legal Principle: The Board has broad authority to discipline licensees for unethical or negligent conduct that threatens public trust or dignity of the deceased.
🔹 Case 2: Unlicensed Practice
Case: State Board of Funeral Service v. Jane Smith
Facts: Individual conducted funeral arrangements and body preparation without a valid license.
Outcome: Cease and desist order issued; fines imposed.
Legal Principle: Practicing without a license is a serious violation, regardless of intent, and endangers the public.
🔹 Case 3: False Advertising and Overcharging
Case: South Carolina Board of Funeral Service v. Heritage Memorials Inc.
Facts: Funeral establishment advertised low-cost packages but failed to disclose add-on fees.
Outcome: Found guilty of deceptive trade practices; ordered to refund clients and pay penalties.
Legal Principle: The Board protects consumers from misleading business practices and enforces transparency in pricing.
🔹 Case 4: Denial of Licensure Due to Criminal History
Case: Applicant v. State Board of Funeral Service
Facts: Applicant with a past felony drug conviction applied for a license.
Outcome: Board denied license; court upheld decision.
Legal Principle: The Board may deny licensure based on criminal conduct that reflects poorly on moral character or professional judgment.
IV. ✅ Summary Table
| Regulatory Area | Key Highlights |
|---|---|
| Licensing | Mortuary science education, exams, apprenticeship |
| Establishments | Facility standards, inspections, responsible management |
| Ethics and Practice | Prohibition of fraud, deception, or body mishandling |
| Discipline | Board can impose fines, suspensions, revocations |
| Apprenticeship | Required and closely monitored |
| Consumer Protection | Price transparency, ethical sales, respectful treatment |
V. 📌 Importance of Chapter 57
The South Carolina Board of Funeral Service plays a critical role in protecting public health, ensuring dignity in death, and upholding ethical and legal standards within the funeral industry. The regulations:
Ensure only qualified, vetted individuals may serve in funeral roles
Promote honesty and dignity in end-of-life services
Allow grieving families to be treated with respect and transparency
Provide mechanisms for redress and accountability when things go wrong
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