Employment of Funeral Home Assistants

(1) A Licensed Funeral Establishment may employ Funeral Home Assistants, provided that all of the following conditions are met: (a) Each Funeral Home Assistant so employed is duly registered with the Board pursuant to 239 CMR 3.02. (b) Each Funeral Home Assistant so employed is registered to a Type 3 employed by the same entity which employs that Funeral Home Assistant. The Funeral Home Assistant shall work at all times under the instruction and supervision of that Type 3, who shall be held responsible for all acts or omissions of that Funeral Home Assistant which occur while that person is acting within the scope of said employment. (c) Each Funeral Home Assistant so employed complies with any and all applicable requirements of M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239 CMR. (d) The entity which employs a Funeral Home Assistant shall promptly inform the Board, in writing, of any change in the identity of the Type 3 to whom that Funeral Home Assistant is registered, and of any change in the name and address of the Licensed Funeral Establishment(s) in which each Funeral Home Assistant works. (e) If there is a change in the employment status of any such Funeral Home Assistant, the Funeral Home Assistant as well as the Type 3 to whom he or she is registered must notify the Board in writing within seven business days. (f) The address of the license for a Funeral Home Assistant shall be the Licensed Funeral Establishment where the Funeral Home Assistant is employed. (g) Upon termination of employment, a Funeral Home Assistant registration shall become null and void, a new registration must be sought for new employment. (2) Upon the request of the Board, or a duly authorized representative thereof, a Licensed Funeral Establishment shall furnish to the Board satisfactory written proof of employment for any Funeral Home Assistant employed by said Licensed Funeral Establishment and registered under 239 CMR 3.18. (3) For purposes of upgrading to a Type 3 or Type 6, a Funeral Home Assistant shall not be deemed an Apprentice Embalmer and shall not be granted credit for a higher level registration based on that experience without special board approval. (4) Scope of Practice of Funeral Home Assistants. (a) Funeral Home Assistants may, while under the supervision of a Type 3 (that Type 3 may delegate such supervision to a Type 6): 1. perform the removal or transfer of a dead human body in a vehicle registered as a hearse. With permission of a supervisor (Type 3 or Type 6), Funeral Home Assistants may perform removals without the presence of a supervisor so long as a supervisor has personally accompanied the Funeral Home Assistant on the first 20 removals/transfers performed during the course of their licensure; 2. assist in dressing, casketing, and general handling of human remains; and 3. assist in all other funeral related tasks otherwise not requiring a license/registration. (b) Funeral Home Assistants may not: 1. participate in embalming; 2. arrange or direct any funeral, memorial, or cremation service; or 3. arrange, handle, or have any other duties regarding pre-need funds.