Conduct of Funerals

(1) All funerals conducted by a Licensed Funeral Establishment shall be conducted under the direct supervision of a Type 3 or Type 6. (2) Removal, Viewing, Identification and Embalming Procedures. (a) When a Licensed Funeral Establishment is called upon to remove a body and accept responsibility for it, said body shall be held at said Licensed Funeral Establishment, or at such other location as the Medical Examiner may direct, until such time as the body can be buried or cremated in accordance with applicable state or local laws. (b) A Licensed Funeral Establishment which has accepted responsibility for the care of any dead human body may properly require that said body be viewed and identified by the next of kin or duly authorized legal representative of the deceased at said Licensed Funeral Establishment prior to any cremation, burial, medical school donation or anatomical gift donation, if said body has not previously been viewed and identified by said next of kin or duly authorized legal representative elsewhere. (c) Required Forms. Licensed Funeral Establishments must develop and utilize written disclosure/authorization forms to be obtained by Type 3s and Type 6s as follows: 1. A Licensed Funeral Establishment shall obtain written permission to embalm, or a written acknowledgment of the decision not to embalm, from the next of kin or the duly authorized legal representative of the deceased, for each dead human body which is placed under its care and for which it has accepted responsibility. 2. Where a dead human body is under the care of a Licensed Funeral Establishment which has accepted responsibility for it, and said body is to be cremated, said Licensed Funeral Establishment shall also obtain written authorization for cremation of said body from the medical examiner or similarly authorized person, in addition to the normally-required physician certifications, prior to cremation of said body. (d) All arrangements for a funeral, including obtaining any required permissions or authorizations, must be made by Type 3s or Type 6s, provided, however, that Apprentice Embalmers and Funeral Home Assistants may obtain removal and embalming authorization forms. (e) For purposes of 239 CMR 3.11(2)(a) through (d) all identifications, authorizations and permissions shall be obtained first from the decedent's next of kin, in the order of priority specified under 239 CMR 3.09(1)(c). If none of the next of kin are available, said identifications, authorizations or permissions may then be obtained from the duly authorized legal representative of the deceased, the individual designated as the health care proxy for the deceased pursuant to M.G.L. c. 201D, or the individual possessing a power of attorney for health care executed by the decedent. (3) Refreshments. (a) No alcoholic beverages may be served in a Licensed Funeral Establishment. (b) No individual registered with the Board, or other agent or employee of any Licensed Funeral Establishment, shall prepare any food or beverages to be served in connection with any burial or funeral. (c) No individual registered with the Board, or other agent or employee of any Licensed Funeral Establishment, shall serve any food or beverages in connection with any burial or funeral unless all of the following conditions are met: 1. any food and beverages served in connection with any burial or funeral must be provided by a third party vendor or supplier meeting the requirements of 105 CMR 590.000: State Sanitary Code Chapter X – Minimum Sanitation Standards for Food Establishments; 2. the provision of food and beverages served in connection with any burial or funeral must be treated as a "cash advance item" and no Licensed Funeral Establishment shall bill or cause to be billed, the cost for the food and beverages unless the net amount billed for it by the Licensed Funeral Establishment is the same amount as is billed the Licensed Funeral Establishment by the third party vendor or supplier, this shall not bar Funeral Establishments from directly charging for facility usage and cleaning; 3. there shall be no direct opening between the preparation room and any room where food or beverages are stored or served; 4. food and beverages shall be served in an area separate and apart from where dead human bodies are displayed and in a manner that does not interfere with public health; and 5. the Licensed Funeral Establishment shall be in compliance with all other applicable local, state, and federal laws. (4) Disposition of Cremated Human Remains. Licensed Funeral Establishments shall dispose of cremated human remains as follows: (a) Upon receipt of any cremated human remains, the Licensed Funeral Establishment receiving such cremated remains shall contact the next of kin or duly authorized representative of the decedent who made the cremation arrangements. (b) The Licensed Funeral Establishment shall deliver such cremated remains only to the next of kin or duly authorized representative of the decedent who made the cremation arrangements and obtain a signed acknowledgment of receipt from said next of kin or duly authorized representative. (c) If, after a period of at least ten months from the date of cremation, the cremated remains of a deceased person have not been claimed by the next of kin or the duly authorized representative of the decedent, the Licensed Funeral Establishment shall send written notice, by certified mail, return receipt requested, to the next of kin or duly authorized representative of the decedent at their last known address as shown in the records of the Licensed Funeral Establishment. If, after an additional period of two months from the date on which that notice was mailed, the cremated remains still have not been claimed, the Licensed Funeral Establishment may dispose of the cremated remains as provided in M.G.L. c. 114, § 43M. The Licensed Funeral Establishment shall maintain a permanent written record of this final disposition. (d) All cremated human remains in the possession of a Licensed Funeral Establishment shall be stored on the premises of the Licensed Funeral Establishment until disposition is made in accordance with 239 CMR 3.11(4).