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ASBFD&E: Blue Booklet Sec 4
Terms in this set (49)
Licensing and Regulation of Funeral Establishments
A person shall not advertise or operate for compensation a funeral establishment without first
obtaining a funeral establishment license or an interim permit issued by the board.
Funeral establishment requirements; responsible funeral director
A funeral establishment licensed pursuant to this article shall Provide separate rooms for each of the following
(a) An area inside the establishment that may be used as a chapel for conducting funeral services.
(b) A preparation room meeting minimum requirements adopted by the board that is maintained at all times in a sanitary and professional manner, with sanitary flooring, drainage and ventilation and that is equipped with instruments and supplies necessary for the protection of the health and safety of the public and employees of the establishment in connection with the preparation and embalming of dead human bodies. Nothing prohibits the embalming of a body at a central location.
(c) A display area for displaying funeral goods or the display of funeral goods by photograph or electronic means.
A funeral establishment licensed pursuant to this article shall Provide access to
hearses or funeral coaches that are properly equipped for the transportation of dead human bodies and that are kept in a sanitary and professional manner.
A funeral establishment licensed pursuant to this article shall Employ and designate
a responsible funeral director to manage and supervise the daily operation of the funeral establishment.
The responsible funeral director is responsible for the
funeral establishment complying with the laws of this state and the rules of the board. The establishment or the responsible funeral director shall designate a licensed funeral director to act as an interim responsible funeral director.
A funeral establishment licensed pursuant to this article shall Provide All employees of a funeral establishment who handle dead human bodies shall use
universal precautions and shall exercise reasonable care to minimize the risk of transmitting any communicable disease from a dead human body.
Application; qualifications for licensure
An applicant for a funeral establishment license shall submit a completed application on a form prescribed by the board and subscribed under oath, must be
accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the board deems necessary.
A business entity that applies for a license pursuant to this article shall submit to the board with its application for licensure a copy of
its partnership agreement, its articles of incorporation or any other organizational documents.
A person who applies for a license pursuant to this article, or if the applicant is a business entity, the proprietors, partners, officers and directors of the entity shall
1. Be of good moral character.
2. Submit a completed fingerprint card, criminal history background information and a fingerprint background check fee to the board.
The board or the board's designee shall inspect the
premises of a funeral establishment and investigate the character and other qualifications of all applicants for licensure.
If the board finds that the applicant meets the criteria for licensure under this article and rules adopted by the board,
the board shall issue an establishment license.
Multiple funeral director license
An applicant for a license as a funeral director who is proposing to manage and supervise the operations of more than one funeral establishment shall apply on a form prescribed by the board and the application shall be accompanied by the
prescribed fee for the additional establishment.
The board shall review the application for a multiple funeral director license, and, if it is reasonable to believe that the funeral establishments can be adequately supervised and managed by the applicant,
the board shall issue the license.
A funeral director who holds a multiple funeral director license shall display
the license at the establishment to which the license is issued. Unless otherwise stated in this article, a multiple funeral director license is renewable at the same time as the establishment license. A multiple funeral director license is not transferable without prior approval of the board.
Retention of records
A funeral establishment shall maintain for three years after the date the documents were prepared are copies of
consumer price lists, outer burial container price lists, casket price lists, statements of funeral goods and services and any other documents related to the arrangement or direction of funeral or embalming services
Renewal of funeral establishment licenses
Except as provided in section 32-4301, a funeral establishment license issued pursuant to this article expires on
August 1 of each year.
A licensed funeral establishment shall submit a renewal application and the applicable renewal fee pursuant to section 32-1309 on or before
July 1 of each year. A license renewal fee is nonrefundable.
A licensed funeral establishment that submits a renewal application and the applicable renewal fee after
July 1 but before August 1 shall pay a late fee pursuant to section 32-1309 in addition to the renewal fee.
A licensed funeral establishment that fails to submit
a renewal application and the applicable fee on or before August 1 shall apply for a new license pursuant to this article.
Display of license
A funeral establishment shall display its license at the establishment to which the license was issued in a location that enables
any member of the public who enters the funeral establishment to observe and read the license.
Non-transferability of funeral establishment licenses; change of ownership; interim permits; definition
A funeral establishment license issued by the board
is not transferable or subject to sale or assignment, whether by voluntary or involuntary process.
When there is a change of ownership of a funeral establishment, the licensee shall notify the board in writing and
shall surrender the license to the board within twenty days after the change of ownership.
The new owner shall also notify the board in writing within twenty days after the change of ownership and shall
submit an application for a funeral establishment license to the board pursuant to section 32-1383.
The board shall issue an interim permit to a new owner of a licensed funeral establishment to allow the new owner to continue the operation of the establishment during the period that the new owner's license application is pending if the following conditions are met
1. The new owner notifies the board of the change of ownership and submits an application for an interim permit and the applicable fee pursuant to section 32-1309 at least three days, excluding Saturdays, Sundays and holidays, after the change takes place. Notice shall be given during regular business hours.
2. The funeral establishment continues to meet the requirements of section 32-1382.
An interim permit issued by the board pursuant to this section shall not be for
more than forty-five days and shall not be extended except as provided in subsection E of this section.
D. An interim permit is a
conditional permit and authorizes the holder to operate a funeral establishment as would be permitted under a funeral establishment license issued pursuant to this article. -is subject to the licensing rules and disciplinary proceedings prescribed in this chapter and in rules adopted pursuant to this chapter.
E. Notwithstanding subsection D of this section, for good cause shown, the board may extend
an interim permit for not more than forty-five days.
Until an interim permit is issued, the board shall keep
confidential all notices filed with the board by the prospective new owner of a licensed funeral establishment pursuant to this section.
For the purposes of this section, "regular business hours" means
between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday, Sunday or any other legal holiday or a day on which the board is authorized or obligated by law or executive order to close.
Funeral establishments; change of name
The owner of a licensed funeral establishment shall submit an application on a form prescribed by the board to change
the name of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309.
Funeral establishments; change of location
The owner of a licensed funeral establishment shall submit an application on a form prescribed by the board to
change the location of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309. Before the board approves a request for a change of location pursuant to this section, the owner shall demonstrate that the new location meets the requirements of section 32-1382.
Funeral establishments; disciplinary action; civil penalty
The board may deny or refuse to renew the license of a funeral establishment or may take disciplinary action against a funeral establishment for any of the following reasons
1. Fraud or misrepresentation in obtaining a license.
2. Failure to employ and designate a responsible funeral director.
3. The display or use of a funeral establishment license at any place other than the establishment to which it is issued.
4. A violation of any provision of title 44, chapter 10, article 7.
5. A violation of any provision of this chapter or a rule adopted pursuant to this chapter. 6. An act by an agent or an employee of a funeral establishment that violates any provision of this chapter or rules adopted pursuant to this chapter.
The acts or omissions of an agent or employee of a funeral establishment that violate any provision of this chapter or rules adopted pursuant to this chapter are considered
to be the acts or omissions of the funeral establishment.
If the board finds that a funeral establishment has committed an offense listed in subsection A, it may take any of the following actions
1. Issue a letter of censure or reprimand.
2. Impose probationary terms as the board considers necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee, including restitution to any customer or other person who was injured by a violation of this chapter or rule adopted pursuant to this chapter.
3. Impose a civil penalty not to exceed three thousand dollars per violation.
4. Revoke the license of the establishment pursuant to a disciplinary proceeding.
5. Suspend the license for not more than ninety days for a first offense or not more than one hundred eighty days for a second offense.
Funeral establishments; disciplinary proceedings; notice
Article 3 of this chapter and rules adopted pursuant to article 3 of this chapter govern
disciplinary proceedings brought against a funeral establishment.
Any notice required to be served by the board pursuant to section 32-1367, subsection K, on a person licensed pursuant to article 2 of this chapter shall also be served by the board on each
funeral establishment that employed or hired the person at the time of the conduct causing the board to serve the notice on the person. Each funeral establishment shall identify the person to whom the board shall send the notice to be served on the funeral establishment as required by this subsection.