HAR §11-22-3. Mortuaries

(a) Requirements for establishing, purchasing, or altering. (1) It shall be unlawful to establish a mortuary without the approval of plans and specifications by the director. (2) Any person desiring to establish or purchase a mortuary shall make application to the director, submitting a complete set of plans and specifications therefore, with full description of the grounds, buildings, roads, water supply, and sewage disposal system. (3) The approved plans and specifications of a mortuary shall not be changed without the prior written approval of the director. The facility shall be built or established only in accordance with approved plans. (b) Equipment and sanitation. (1) A mortuary shall be devoted exclusively to the business of providing funeral services and shall include a preparation room equipped with tile or cement floor, necessary drainage, ventilation, and provided with proper and convenient receptacles for refuse, bandages, cotton, and other waste material and supplies, embalming tables, hoppers, sinks, instruments, and other appliances used in the embalming of dead human bodies for burial or transportation. (2) All mortuaries shall be kept and maintained in a clean and sanitary condition and all equipment, instruments and appliances used in the preparation of dead human bodies for burial or other disposition, shall be thoroughly cleansed and sterilized immediately after each individual case. No linens, sheets, and other materials of any kind, smocks or gowns, which shall have come in contact with any dead human body, shall be used more than once without being laundered, and such linens, sheets, and other materials, gowns, or smocks, shall be sanitized in a disinfectant before being laundered or before they leave the premises to be laundered. (c) Licensing. 22-3 (1) Each mortuary in the State shall upon application and payment of a fee of $50, be licensed by the director, provided that the mortuary has been approved in accordance with §11-22-3(b) (1), and further provided that an embalmer, licensed by the director, is employed full-time by the mortuary, except that the director may approve a part-time embalmer in unusual circumstances; and that the person in charge of the mortuary shall have his name, residence, and official title registered with the director. (2) Each licensed mortuary shall, between July 1 and 10 of each year, renew its license by registering with the director, paying a renewal fee of $10, and being inspected and approved by the director within three months immediately preceding the date of registration for renewal. Every license that is not renewed shall expire on August 1, and shall not be renewed except upon payment of $25 and compliance with other provisions for renewals. (3) The director shall be notified when there is a change in the person in charge of a mortuary, and the new officer shall register with the director in accordance with §11-22-3(c) (1). (d) Employment of part-time embalmers. Mortuaries employing licensed embalmers on a part-time basis in addition to a full-time embalmer as required by §11-22-3(c) (1), shall be required to have a contract in writing with the employee showing a bona fide employer-employee relationship and such agreement shall be available for inspection by the director. (e) Soliciting. A mortuary authority shall not authorize or ratify the solicitation of funeral or embalming business, after a death, or while a death is impending, by its employees, agents, or by commission persons. Violation of this provision shall constitute grounds for suspension of license in addition to the penalty provided in §11- 22-8. This section does not prohibit general advertising or the sale of insurance plans involving embalming and funeral services. [Eff. Dec. 26, 1981] (Auth: HRS §§321-9, 321-11, 469-2) (Imp: HRS §§321-11, 441-19.5, 469-2)