The LCI full committee on Jan. 1, 2025 asked the Department to withdraw and resubmit a proposed regulation for the State Board of Funeral Service that contains a disputed continuing-education clause, and it favorably reported Senate Bill S-583 to clarify the statute's physical-attendance requirement.

Committee staff told members the regulation had been withdrawn and resubmitted by the House and that the resubmission was intended to clarify continuing-education language. "The House requested that the regulation be withdrawn and resubmitted to clarify that physical attendance includes the option to attend online synchronous education, where the instructors and attendees can interact with each other in real time," Rebecca, a committee staff member, said.

The debate centered on a statutory sentence the committee called internally inconsistent: the statute allows a minimum of four hours annually and permits three hours by correspondence while also requiring two hours of physical attendance. The senator from Edgefield told members the subcommittee reviewed the language and concluded "physical attendance means in person. In person." He said the House earlier asked the agency to resubmit language allowing interactive virtual participation, but the Senate subcommittee and several board members disagreed with that interpretation.

To resolve the inconsistency, the committee voted to ask the Department to withdraw the proposed regulation except for Article 4 (the continuing-education provision), effectively removing the contested continuing-education language from the current regulatory package. "My motion is that the Committee request that the Department withdraw the regulation as proposed and resubmit it by everything except for Article 4, which deals with the continuing education requirements," the senator from Edgefield said. The motion carried and was ordered.

Separately, committee members considered S-583, a bill that would keep the four-hour annual requirement but specify that at least two of the four hours must be "in person." The senator who presented the bill said the draft uses clear language to exclude virtual options for those two hours. He moved that the committee give S-583 a favorable report; the motion was seconded and passed, and the bill was reported out favorably.

The committee record shows extended subcommittee discussion and a division among Board of Funeral Service members over whether interactive virtual sessions satisfy "physical attendance." The committee's actions leave the regulatory package intact except for the continuing-education provision while sending statutory language to the floor to resolve the inconsistency.

Committee action and next steps: the Department was asked to withdraw and resubmit the regulation without Article 4; S-583 was reported favorably and will move to the legislative floor for further consideration.