216-RICR-40-05-25
216-RICR-40-05-25. Embalmers, Funeral Directors, and Funeral Service Establishments (version Periodic Refile, 01/02/2002 to 01/13/2004)
RULES AND REGULATIONS PERTAINING TO
EMBALMERS, FUNERAL DIRECTORS AND
FUNERAL SERVICE ESTABLISHMENTS
(R5-33.2-EMB)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
September 1997
As Amended:
November 2001
January 2002 (re-filing in accordance
with the provisions of section 42-35-
4.1 of the Rhode Island General
Laws, as amended)
i
INTRODUCTION
These Rules and Regulations Pertaining to Embalmers, Funeral Directors and Funeral Service
Establishments (R5-33.2-EMB) are promulgated pursuant to the authority conferred under Sections 5-33.2
and 42-35-3 of the General Laws of Rhode Island, as amended. These regulations are established for the
purpose of adopting minimum standards for the licensing of embalmers, funeral directors and funeral service
establishments.
In accordance with the provisions of Section 42-35-3(c) of the General Laws of Rhode Island, as
amended, consideration was given in arriving at these regulations to: (1) alternative approaches to the
regulations; (2) duplication or overlap with other state regulations; and (3) any significant economic impact on
small business as defined in Chapter 42-35 of the General Laws as a result of the regulations. Based on the
available information, no known alternative approach, duplication or overlap or significant economic impact
was identified. The protection of the health, safety and welfare of the public necessitates the adoption of these
regulations despite the economic impact which may be incurred as a result of the regulations.
These rules and regulations shall supersede any previous rules and regulations pertaining to the licensing
of embalmers, funeral directors, and funeral service establishments promulgated by the Department of Health
and filed with the Secretary of State.
ii
TABLE OF CONTENTS
Section
Page
PART I
DEFINITIONS & LICENSING PROCEDURES FOR
1
EMBALMERS & FUNERAL DIRECTORS
1.0
Definitions
1
2.0
Qualifications of Funeral Directors/Embalmers
4
3.0
Burial Certificate Plans
5
4.0
Cemetery Operations
6
5.0
Application & Renewal of License
6
6.0
Funeral Director/Embalmer Internship
7
PART II
LICENSING PROCEDURES FOR FUNERAL
9
ESTABLISHMENTS
7.0
Licensure Requirements
9
8.0
Branch Office Licenses
9
9.0
License Application and Fees
9
10.0
License Renewals
9
11.0
Display of Licenses
10
12.0
Change of Ownership, Operation or Location
10
13.0
General Operational Requirements
11
13.4
Medical Waste
11
14.0
Inspections
12
PART III
LICENSING PROCEDURES FOR CREMATORIES
15.0
Licensure Application and Fees
13
16.0
License Renewal
13
17.0
Inspections
13
18.0
General Operational Requirements
14
18.2
Medical Waste
16
PART IV
DENIAL, SUSPENSION, REVOCATION & SEVERABILITY
19.0
Revocation or Suspensions
17
20.0
Board of Examiners
20
21.0
Severability
20
PART V
REFERENCES
21
Appendix "A"
22
Appendix "B"
23
1
PART I
DEFINITIONS AND LICENSING PROCEDURES
Section 1.0
Definitions
Whenever used in these rules and regulations, the following terms shall be construed as follows:
1.1
"Alternative container" means a receptacle, other than a casket, in which human remains are
transported to the crematory and placed in the cremation chamber for cremation. An alternative
container shall be: (1) composed of readily combustible materials suitable for cremation; (2) able to be
closed in order to provide a complete covering for the human remains that is resistant to leakage or
spillage; (3) rigid enough for handling with ease; and (4) able to provide protection for the health,
safety, and personal integrity of crematory personnel.
1.2
"Board" shall mean the State Board of Funeral Directors/Embalmers.
1.3
"Body parts" means limbs or other portions of the anatomy that are removed from a person or human
remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human
bodies or any portion of bodies that have been donated to science for medical research purposes.
1.4
"Casket" means a rigid container which is designed for the encasement of human remains and which is
usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with
fabric.
1.5
"Cremated remains" means all human remains recovered after the completion of the cremation, which
may possibly include the residue of any foreign matter including casket material, bridgework, or
eyeglasses, that was cremated with the human remains.
1.6
"Cremation" shall mean a two (2) part procedure whereby a dead human body or body parts shall be
reduced by direct flame to residue which includes bone fragments and the pulverization of said bone
fragments to coarse powdery consistency.
1.7
"Department" shall mean the Rhode Island Department of Health.
1.8
"Director" means the Director of the Rhode Island Department of Health.
1.9
"Division" shall mean the Division of Professional Regulation at the Rhode Island Department of
Health created under Chapter 5-26 of the General Laws, as amended.
1.10
"Embalmer" shall mean any person who has completed:
(i)
an internship;
(ii)
full course of study at an accredited mortuary science school;
2
(iii)
has passed the national board examination and the practical examination administered by the
Board; and
(iv)
is engaged in the practice or profession of embalming, as hereinbefore defined.
1.11
"Embalming" shall mean the practice, science or profession of preserving, disinfecting, and preparing
in any manner, dead human bodies for burial, cremation or transportation.
1.12
"Funeral" shall mean a period following death in which there are religious services or other rites or
ceremonies with the body of the deceased present.
1.13
"Funeral directing" shall mean:
(i)
conducting funeral services;
(ii)
making the arrangements for disposition of dead human bodies, except in the case of any
religion where the preparation of the body or the provision of funeral services should be done
according to religious custom or belief;
(iii)
Only funeral directors/embalmers, working for a duly licensed funeral establishment, shall be
allowed to meet with families for the purpose of arranging funerals.
(iv)
Any person who assumed an ownership interest from one's spouse or any widow or widower
of a licensed funeral director who, as of 1 November 1995, has been meeting with families to
arrange for the conducting of funeral services shall be allowed to continue this practice.
1.14
"Funeral director/embalmer" shall mean any person engaged, or holding himself or herself out as
engaged in the practice, or profession of funeral directing, and the science, practice or profession of
embalming as herein before defined, including a funeral director of record, who may be a funeral
director at more than one (1) establishment or any other word or title intending to imply or designate him
or her as a funeral director/embalmer, undertaker, or mortician. The holder of this license must be the
holder of an embalmer's license.
1.15
"Funeral director/embalmer intern" shall mean any person engaged in learning the practice or
profession of funeral directing and the science, practice or profession of embalming under the instruction
and supervision of a funeral director/embalmer duly licensed and registered under the provisions of
Chapter 5-33.2 of the General Laws of Rhode Island, as amended, and actively engaged in the
practice, or profession of funeral directing and embalming in this state.
1.16
"Funeral establishment" shall mean a fixed place, establishment or premises, licensed by the
Department, devoted to the activities which are incident, convenient, or related to the care and
preparation, arrangement, financial and otherwise, for the funeral, transportation, burial or other
disposition of human dead bodies and including, but not limited to, a suitable room with all instruments
and supplies used for the storage and/or preparation of dead human bodies for burial or other
disposition.
3
1.17
"Funeral merchandise" shall mean those items which are normally presented for sale as part of the
funeral home operation on a for-profit basis. These items include: caskets, sealed warranted outer
burial containers and burial clothing. Items not included are urns, grave markers, and non-sealed outer
burial containers.
All persons engaged in the sale of funeral merchandise must comply with the provisions of Chapter 5-
33.1 of the General Laws of Rhode Island, as amended.
1.18
"Licensing agency" shall mean the Department of Health.
1.19
"Person" shall include individuals, partnerships, corporations, limited liability companies, associations
and organizations of all kinds.
1.20
"Practice of funeral service" shall mean a person engaging in:
(i)
providing shelter, care and custody of human dead remains;
(ii)
the practice of preparing of the human dead remains by embalming or other methods for burial
or other disposition;
(iii)
entering into a funeral service contract; and
(iv)
engaging in the functions of funeral directing and/or embalming, as presently known, including
those stipulated in Chapter 5-33.2 of the General Laws of Rhode Island, as amended, and as
defined in the Federal Trade Commission's "funeral rule" of reference 1.
4
Section 2.0 Qualifications of Funeral Directors/Embalmers
2.1
Requirements for Licensure
A Funeral Director/Embalmers' license shall be issued only to an individual. No corporation, partnership,
association, limited liability company or organization shall be entitled to obtain such a license.
2.2
Qualifications for Licensure
In order to qualify for a funeral director/embalmer's license, the applicant must meet the following requirements:
(i)
be at least eighteen (18) years of age;
(ii)
be a citizen of the United States or have lawful entry into the country;
(iii)
show to the satisfaction of the Division that he/she is of good moral character;
(iv)
be a high school graduate or its equivalent;
(v)
on and after 1 January 1996, have graduated from a school of mortuary science accredited by the
American Board of Funeral Service Education, Inc.;
(vi)
on and after 1 January 1996, must have at least an associate degree or the equivalent of sixty (60)
semester hours from an approved college or university or be currently enrolled in a school accredited by
the American Board of Funeral Service Education, Inc.;
(vii)
have completed a registered funeral director/embalmer internship;
(viii)
have satisfactorily passed the funeral director and embalmer portions of the written examination of the
Conference of Funeral Service Examining Boards;
(ix)
have satisfactorily passed a practical examination as the board may deem proper to ascertain his or her
efficiency and qualifications to engage in the business of funeral directing and embalming;
(x)
Upon the effective date of these regulations, all individuals holding an embalmer and/or funeral director
license will be issued a funeral director/embalmer license upon payment of the required annual license
renewal fee.
(xi)
At a minimum, the name and title of the funeral director/embalmer registered with the Department as the
licensee in charge of the funeral establishment or funeral establishment branch shall appear in all printed
advertising.
2.3 Armed Forces Embalming Experience
2.3.1 Any person who has:
5
(i)
served in, and been honorably discharged from, the U.S. Armed Forces; and
(ii)
prior to his/her induction into the Armed Forces, completed high school and a full course of
instruction in a funeral director/embalming school, as provided in Section 5-33.2-6 of the
Rhode Island General Laws, as amended; and
(iii)
prior to that induction commenced his/her internship, as provided in Section 5-33.2-6 of the
Rhode Island General Laws, as amended; and
(iv)
while in the Armed Forces, assisted in the embalming of human bodies,
shall be conclusively presumed to have been continuing that course of training during the time he/she was
so engaged in assisting in embalming human bodies while in the Armed Forces, and all bodies in the
embalming of which he/she assisted, while in the Armed Forces, shall be deemed to have been
embalmed during his/her internship, and in compliance with the provisions of Section 5-33.2-6 of the
Rhode Island General Laws, as amended.
2.3.2 Each such person described in Section 2.3.1 shall submit to the Division proof of his/her having assisted
in the embalming of bodies while in the Armed Forces, and of the number thereof, by filing with the
Division his/her sworn affidavit of the facts relating thereto, which shall, in the absence of specific proof
to the contrary, be presumed to be true and authentic.
2.4 Unlicensed Practice
2.4.1 In this state, it shall be unlawful for any person to engage in, conduct, or hold himself/herself out as
engaged in the practice of funeral directing and/or embalming, or of preparing for or disposing of dead
human remains by any means whatever, or preserving in any manner, dead human bodies, unless he/she
holds a funeral director/embalmer's license issued in accordance with the provisions of the regulations
herein; and
2.4.2 It shall be unlawful for any person, partnership, association, corporation, limited liability company, or
other organization to open or maintain a place or establishment at which to engage in or conduct, or
hold himself/herself/itself out as engaging in or conducting the business of funeral directing without that
place or establishment being duly licensed under the provisions of these regulations as a funeral
establishment.
2.4.3 Notwithstanding the provisions of this section, a person under the supervision of a licensed funeral
director/embalmer shall be allowed to fulfill duties not specifically prohibited by Chapter 5-33.2 of the
General Laws, as amended, and those duties allowed by the Federal Trade Commission "funeral rule"
of reference 1.
Section 3.0 Burial Certificate Plan
6
3.1
No person who has promoted or is promoting, or has participated in or is participating in any scheme or
plan in the nature of a burial association or a burial certificate plan, or wherein there is any element of
fraud, shall be entitled to any license under the provisions of these regulations.
3.2
The Board shall revoke the license of any holder thereof who has engaged, directly or indirectly, in the
practices enumerated in this section.
3.3
Nothing herein shall be construed so as to prevent any such person from performing his/her obligations
under any contract executed prior to April 25, 1952.
Section 4.0 Cemetery Operations
4.1
Any person(s), association or corporation having charge of, or conducting a cemetery, shall not engage
in the business of funeral directing.
4.2
No funeral home will be licensed, nor will it be permitted to operate as such, if it is located on property
owned by a cemetery, or is contiguous with cemetery property.
Section 5.0 Application and Renewal of License
5.1
Any person who desires to engage in embalming or funeral directing, or both, shall submit in writing to
the Division, an application for a license.
5.1.1 Said application shall be accompanied by a fee of ninety-three dollars and seventy-five cents
($93.75) payable to the General Treasurer, state of Rhode Island.
5.2
Expiration & Renewal of Licenses
5.2.1 All licenses issued under the provisions of these regulations shall be renewed annually by the
holders thereof. All licenses shall expire on the thirty-first (31st) day of December each year,
unless previously suspended or revoked.
5.2.2 On or before the fifteenth (15th) day of November in each year, the Division shall mail to each
licensed funeral director/embalmer a renewal application.
5.2.3 Each licensee shall pay to the Division a yearly fee of ninety-three dollars and seventy-five cents
($93.75) for the renewal of the funeral director/embalmer's license.
5.2.4 Applications, accompanied by the renewal fee, shall be filed with the Division on or before the
thirty-first day of December in each year.
(i)
Applications filed after the thirty-first day of December, and on or before the fifteenth
day of January, must be accompanied by a fee of fifty dollars ($50.00) in addition to
the renewal fee cited above.
7
5.2.5 Any funeral director/embalmer who acts or holds himself/herself out as such after his/her license
has lapsed shall be punished as provided herein.
5.2.6 The Division shall keep a register in which the names of all persons to whom licenses are issued
under this section shall be entered. That register shall be open to public inspection at the office
of the Administrator of the Division.
5.3 Display of Licenses
Every license issued as a funeral director/embalmer shall specify the name of the person to whom it was
issued. It shall be displayed conspicuously in his/her place of business or employment.
Section 6.0
Funeral Director/Embalmer Internship
6.1
Nothing in this section shall be construed as prohibiting any person from serving as a funeral
director/embalmer intern.
6.2
Before an internship shall begin, the person desiring to become an intern shall register on forms
prescribed by the Division.
6.3
No person under the age of eighteen (18) years shall be permitted to register as an intern.
6.4
All persons registering as an intern shall pay a fee of twenty-five dollars ($25.00) at the time of such
registration.
6.5
No intern shall be permitted to advertise or hold himself/herself out to the public as a registered funeral
director/embalmer.
6.6
The term of internship shall be not less than one (1) year; provided, however, that if an intern, after
having served his/her internship, fails to pass the examination for a funeral director/embalmer's license or
fails to embalm fifty (50) human remains during his/her internship, he/she may continue the internship.
The total term of internship must be completed within five (5) years from the date of original registration.
6.6.1 Prior to a practical state licensing embalming examination being administered by members of
the Board in consultation with the funeral director/embalmer preceptor, a written consent to
perform the state licensing embalming examination shall be obtained by the funeral
director/embalmer preceptor from the decedent's next-of-kin or other person legally charged
with the disposition of the human remains.
6.6.2 A quarterly report shall be submitted to the Division summarizing the number of human remains
embalmed by the intern during the most recent three (3) month period.
6.6.3 The intern must have assisted in embalming at least fifty (50) bodies if the period for registered
internship is to be satisfied in one (1) year.
8
6.6.4 If the internship is for more than one (1) year, the applicant must embalm at least twenty-five
(25) bodies for each year of the internship.
6.7
The term of internship may be served before, after, or during attendance at mortuary school, at the
option of the intern and the preceptor.
6.8
Each licensed funeral establishment embalming up to one hundred-fifty (150) human remains per year
shall be allowed to register one (1) intern at one (1) time.
6.9
Each establishment embalming more than one hundred-fifty (150) but less than three hundred (300)
human remains per year shall be allowed to register two (2) interns at one (1) time.
6.10
Each establishment embalming three hundred (300) or more human remains per year shall be allowed to
register three (3) interns at one (1) time.
6.10.1 If more than one (1) intern is completing an internship with a funeral director/embalmer
preceptor, each intern shall be responsible for embalming no less than fifty (50) human remains,
as stipulated in section 6.6 above; further, each set of human remains shall only be counted once
towards the required total for each intern.
6.11
Supervision of Interns
While an embalmer intern is working in the preparation room at a funeral service establishment, the
funeral director/embalmer preceptor shall remain on-site in the preparation room at all times.
9
PART II
LICENSING PROCEDURES FOR FUNERAL ESTABLISHMENTS
Section 7.0
Licensure Requirements
7.1
No person, association, co-partnership, corporation, limited liability company or otherwise, shall
conduct, maintain, manage or operate a funeral establishment or branch office unless a license for each
such funeral establishment and branch office has been issued by the Department and is conspicuously
displayed.
7.2
In the case of funeral services conducted under the license of a funeral establishment held in any private
residence, public building, or church, no separate establishment license shall be required.
7.3
A licensed funeral establishment must be distinct and separate from other non-funeral service related
activities for which it is licensed.
7.4
No license to operate a funeral establishment shall be issued by the Department unless the applicant for
the funeral establishment license has registered with the Department a licensed funeral director/embalmer
who shall be in charge therein as the funeral director-of-record.
Section 8.0
Branch Office Licenses
8.1
The branch office of a funeral establishment must have a separate branch office establishment license,
but not a separate funeral director-of-record.
8.1.1 One (1) branch office shall be allowed to operate under the funeral establishment license, and
this one (1) branch office may be permitted to operate without a preparation room.
Section 9.0
License Application and Fees
9.1
Applications for the funeral establishment license and branch office shall be made on forms furnished by
the Division.
9.1.1 Said applications shall be accompanied by the application fee of sixty-two dollars and fifty cents
($62.50) for the funeral establishment and sixty-two dollars and fifty cents ($62.50) for a
branch office.
9.2
Upon receipt of a completed application and the recommendation of the Board, the Division shall issue
a license.
Section 10.0
License Renewals
10.1
All licenses issued under the provisions of these regulations must be renewed annually by the holders
thereof. On or before the fifteenth (15th) day of November in each year, the Division shall mail to each
licensed funeral establishment and funeral establishment branch office an application for the renewal
thereof.
10
10.2 All funeral establishment and branch office licenses shall expire on 31 December of each year, unless
sooner suspended or revoked.
10.3
The license holder shall pay to the Division a yearly renewal fee of sixty-two dollars and fifty cents
($62.50) for the funeral establishment license and sixty-two dollars and fifty cents ($62.50) for each
funeral establishment branch office license.
10.4
Applications, accompanied by the renewal fee, shall be filed with the Division on or before the 31st day
of December in each year.
10.4.1 Applications filed after the thirty-first day of December, and on or before the fifteenth day of
January, must be accompanied by a fee of fifty dollars ($50.00) in addition to the renewal fee
cited above.
10.5
Any funeral establishment or funeral establishment branch office that acts or holds itself out as such after
its license has lapsed shall be punished as provided herein.
Section 11.0
Display of Licenses
11.1
Every license issued as a funeral establishment or branch office shall specify the name of the
establishment as listed on the application. Licenses issued under the provisions of these regulations shall
not be assignable.
Section 12.0
Change of Ownership, Operation or Location
12.1
A license shall be issued to a specific licensee for a specific location and shall not be transferable.
12.2
The funeral establishment licensee shall notify the Division in writing, delivered in person or by certified
mail, within ten (10) days from the date of termination of employment, for any cause, of the funeral
director/embalmer of record for the funeral establishment.
12.2.1 The license of the funeral establishment shall expire forty-five (45) days from the date the
Division was notified by the licensee, if no new funeral director/embalmer is registered with the
Division.
12.2.2 No funeral services shall be conducted at the funeral establishment without a funeral
director/embalmer being registered with the Division as the funeral director of record for that
funeral establishment.
12.3
Two (2) licensed funeral directors may operate jointly at one (1) location if one of their existing funeral
establishments closes its place of business and joins an existing licensed funeral establishment. Each firm
will hold its own separate establishment license. One cannot open a branch office by invoking this
section.
12.4
Any person who inherits any ownership interest to a funeral establishment may continue to conduct the
business of that establishment as their ownership interest would allow contingent upon the following:
11
12.4.1 Filing with the Division a statement of change-of-fact concerning that inheritance; and
12.4.2 Conducting the business of the establishment in compliance with all the requirements of Chapter
5-33.2 of the General Laws of Rhode Island, as amended.
Section 13.0
General Operational Requirements
13.1
The practice of conducting funeral services shall be conducted in the presence of a licensed funeral
director/embalmer.
13.2
Human dead remains shall not be held more than forty-eight (48) hours without embalming or without
refrigeration for the purpose of maintaining public health.
13.3
A funeral establishment must, at a minimum, contain a preparation room equipped with tile, cement, or
composition floor, necessary drainage and ventilation, and containing necessary instruments and supplies
for the preparation and embalming of dead human remains for burial, transportation, or other
disposition.
Medical Waste
13.4
Funeral establishments and branch offices shall be in compliance with applicable sections of Chapter
23-19.12 of the Rhode Island General Laws, as amended, and the rules and regulations of reference 3.
Casket Rentals
13.5
When caskets are made available for rental on a temporary basis, the following provisions shall apply:
13.5.1 Said caskets shall be manufactured specifically for multi-use purposes. No casket
manufactured for a single use shall be used more than once.
13.5.2 Funeral directors/embalmers shall obtain written authorization from the next-of-kin, or other
responsible party, attesting to the fact that the funeral merchandise provided has been previously
used in whole or in part.
Infection Control
13.6
Funeral directors/embalmers shall comply with the Occupational Safety and Health Administration's
(OSHA) Blood borne Pathogen Standards of reference 4 in order to protect themselves and their
employees against occupational exposure to bloodborne pathogens.
13.6.1 Compliance shall include, but not be limited to:
i)
a written exposure control plan;
ii)
staff training;
iii)
engineering and work practice controls;
12
iv)
adoption of universal precautions;
v)
personal protective equipment;
vi)
hepatitis B vaccinations; and
vii)
a protocol for evaluation in the event that an exposure occurs.
Transport of Human Remains
13.7
Human remains to be transported by common carrier shall be embalmed. If embalming is not possible,
or if the body is in a state of decomposition, it shall be transported only after enclosure in a strong,
sealed outer case, to prevent seepage of body fluids to the outside.
Section 14.0
Inspections
14.1
Any licensed funeral director/embalmer employed by the Division duly authorized and empowered may
enter any funeral establishment, funeral establishment or branch office licensed under the provisions of
these regulations, during the hours the funeral establishment or funeral establishment branch office shall
be open for business, for the purpose of inspecting the sanitary conditions, complaint investigations, and
ascertaining if the provisions of these rules and regulations are being observed in the operation of the
funeral establishment or funeral establishment branch office.
14.2
Funeral establishments and branch offices licensed under the provisions of these regulations shall be
inspected at least twice each year.
14.3
Inspections shall include all areas of sanitation and public health, complaint investigations, as well as
conformity with applicable sections of Chapter 5-33.2 of the General Laws, as amended, and the rules
and regulations herein.
Denial, Suspension or Revocation of Licensure
14.4
The inspector may request permission from the Department to be accompanied by another employee of
the Department prior to an inspection. Failure or refusal of the person in charge of that funeral
establishment or funeral establishment branch office to permit such inspection at all reasonable times
shall be deemed sufficient cause for the revocation of any license issued to the funeral establishment or
funeral establishment branch office and any certificate of approval issued by the Division.
14.5
Every funeral establishment, funeral director/embalmer, or the agent or representatives thereof, who
pays, or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for
the securing of business, and every person who accepts any sum of money or other valuable
consideration, directly or indirectly, from a funeral director/embalmer or an agent or owner of a funeral
establishment in order that the latter may obtain business, shall be guilty of a misdemeanor and upon
conviction shall be punished as hereinafter provided, and the certificate of any funeral director/embalmer
or the license of any funeral establishment violating the provisions of this section or whose agents or
servants violate the provisions thereof, shall be revoked by the Division. This section shall not prohibit
the funeral establishment or funeral director/embalmer from advertising.
13
PART III
LICENSING FOR CREMATORIES
Section 15.0
Licensure Application and Fees
15.1
No person shall operate a crematory without first obtaining a crematory license from the Department.
15.2
Applications for the crematory license shall be made on forms furnished by the Division accompanied by
the application fee of sixty-two dollars and fifty cents ($62.50).
15.3
Upon receipt of a completed application, the Department shall issue a license.
15.4
A license shall be issued to a specific licensee for a specific location and shall not be transferable.
15.5
The facility and licensee shall meet all requirements as set forth by these rules and regulations, consistent
with Chapter 5-33.2 of the Rhode Island General Laws, as amended.
Section 16.0
Renewal of Licenses
16.1
All licenses issued under the provisions of these regulations must be renewed annually by the holders
thereof who shall pay to the Division a yearly renewal fee of sixty-two dollars and fifty cents ($62.50)
for the crematory license.
16.2
On or before the fifteenth (15th) day of November in each year, the Division shall mail to each licensed
crematory a renewal application.
16.3
Applications, accompanied by the renewal fee, shall be filed with the Division on or before the 31st day
of December in each year.
16.3.1 Applications filed after the 31st day of December, and on or before the 15th day of January,
must be accompanied by a fee of fifty dollars ($50.00) in addition to the renewal fee cited
above.
16.4
Any crematory that acts or holds itself out as such after its license has lapsed shall be punished as
provided herein.
Section 17.0 Inspections
17.1
Any licensed funeral director/embalmer employed by the Division of Professional Regulation duly
authorized and empowered may enter any crematory licensed under the provisions of these regulations,
during the hours the crematory shall be open for business, for the purpose of inspecting the sanitary
conditions, complaint investigations, and ascertaining if the provisions of these rules and regulations are
being observed in the operation of the crematory.
17.2
The inspector may request permission from the Department to be accompanied by another
Departmental employee prior to an inspection. Failure or refusal of the person in charge of that
14
crematory to permit such inspection at all reasonable times shall be deemed sufficient cause for the
revocation of any license issued to the crematory and any certificate of approval issued by the Division.
17.3
Crematories licensed under the provisions of these regulations shall be inspected at least twice (2) each
year.
17.4
Inspections shall include all areas of sanitation and public health, complaint investigations, as well as
conformity with applicable sections of these rules and regulations.
Section 18.0
General Operational Requirements
18.1
Practice of Cremation
The practice of cremation shall include no less than the following provisions:
18.1.1 Cremation shall not take place until the necessary permits and consents are issued pursuant to
Section 23-3-18 of the General Laws of Rhode Island, as amended, and as cited below:
(a)
The funeral director, his/her duly authorized agent, or other person acting as such, who
first assumes custody of a dead body or fetus shall prepare a burial-transit permit prior
to final disposition or removal from the state of the body or fetus within seven (7)
calendar days after death.
(b)
The burial-transit permit shall be signed by the funeral director and by the certifying
physician as designated in Chapter 23-3-16(c) of the Rhode Island General Laws, as
amended.
(c)
A burial-transit permit issued under the law of another state which accompanies a dead
body or fetus brought into this state shall be authority for final disposition of the body or
fetus in this state.
(d)
A permit for disinterment and reinterment shall be required prior to disinterment of a
dead body or fetus except as authorized by regulation or otherwise provided by law.
The permit shall be issued by the local registrar of vital records at the place of
disinterment to a licensed funeral director, embalmer, his/her duly authorized agent, or
other person acting as such, upon proper application.
(e)
The body of a deceased person shall not be cremated within twenty-four (24) hours
after his/her death unless he/she dies of a contagious or infectious disease. The body
shall not be received or cremated by any corporation authorized to cremate the bodies
of the dead until its officers have received the burial permit required by law before
burial, and a cremation certificate issued by the Rhode Island Office of the State
Medical Examiner. A cremation certificate shall be issued only if the Office of the State
Medical Examiner determines that the cause and manner of death is such that no further
examination or judicial inquiry concerning the same is necessary.
15
(f)
The cremation certificate issued to the funeral director by the Medical Examiner, in
duplicate, shall accompany the body to the crematory. The crematory shall retain the
duplicate copy and mail the original copy to the state Division of Vital Records.
18.1.2
A crematory shall not take custody of unidentified human remains.
18.1.3
Human remains designated for cremation shall be cremated without unreasonable delay.
18.1.4
When the crematory is unable to cremate the human remains immediately upon taking
custody, the crematory shall provide a secured holding facility that shall comply with
any applicable public health laws that shall preserve the dignity of the human remains.
18.1.5
Holding facilities shall be secure from access by all unauthorized persons.
18.1.6
A metal, indestructible identifying disk shall be placed in the cremation chamber with
the human remains for the purpose of identifying said remains. The name of the
crematory or its license number shall be imprinted on said disk.
18.1.7
The crematory shall not simultaneously cremate more than one (1) human remains
within the same cremation chamber.
(i)
Upon completion of each cremation, the human remains shall be removed and
the retort shall be cleaned and all recoverable residue of the cremation process
shall be removed from the retort before each successive set of human remains
are inserted.
18.1.8
In cases where the human remains are to be cremated, the funeral director/embalmer
shall remove a pacemaker or other medical device(s) from the remains and transmit
said device(s) to the next-of-kin or other responsible party.
18.1.9
In cases where the human remains are to be cremated, the next-of-kin or other
responsible party shall personally identify the body prior to cremation. If this is not
possible, the funeral director/embalmer shall obtain a written consent (see Appendix
"B") from the next-of-kin, or other responsible party, assuming all responsibility for the
disposition of the human remains.
18.1.10
A crematory authority shall not accept a casket or alternative container from which
there is any evidence of the leakage of body fluids.
18.1.11
Crematory authorities shall abide by all applicable state and federal laws and
regulations.
Disposition of Human Remains
16
18.1.12
A crematory or funeral home shall be authorized to arrange for disposition of cremated
remains, in a dignified manner, that have been abandoned at the crematory or funeral
home for more than six (6) months.
(i)
All reasonable attempts must be made and due diligence exercised to contact
the person in charge who authorized the cremation.
(ii)
Records shall be maintained to indicate the disposition of the human remains
after cremation.
18.1.13
This section shall not apply to the cremation of various body parts from different human
bodies.
Medical Waste
18.2
The facility shall be in compliance with applicable sections of Chapter 23-19.12 of the Rhode Island
General Laws, as amended, and the Rules and Regulations Governing the Generation,
Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in
Rhode Island (see reference 3).
17
PART IV
DENIAL, SUSPENSION, REVOCATION AND SEVERABILITY
Section 19.0
Revocations or Suspensions
The Division shall have the power to refuse to issue or may revoke or suspend any license issued by it under
these regulations, after written notification and hearing before the Board for gross incompetency or for
unprofessional conduct.
19.1
Unprofessional conduct is hereby defined to include:
19.1.1 Conviction of a felony;
19.1.2 Misrepresentations made of services, goods, or of funeral prices or fraud committed as a holder
of a license for the practice of embalming, funeral directing or the holder of a license as a funeral
establishment, funeral establishment branch or crematory;
19.1.3 False or misleading advertising as the holder of a license for the practice of embalming, funeral
directing or the holder of a license as a funeral establishment, funeral establishment branch or
crematory; violating any regulations relating to "truth in advertising"; or failure to do the
following:
(i)
List only full-time employees or those having any ownership interest in the
advertisements including his/her title which clearly identifies one's duties;
(ii)
List the name of the funeral director of record for the establishment in all advertising;
(iii)
A deceased founder may be listed in advertisements with the notation "founder"
following the name;
19.1.4 Solicitation of dead human bodies by any licensed embalmer, funeral director, funeral attendant
or the holder of a license as a funeral establishment, funeral establishment branch or crematory,
its agents, assistants or employees, whether such solicitation occurs after death or while death is
impending; provided that this shall not be deemed to prohibit general advertising;
19.1.5 Employment directly or indirectly of any intern, agent, assistant, employee, or other person, on
part or full time, or on commission, for the purpose of calling upon individuals or institutions by
whose influence dead human bodies may be turned over to a particular funeral establishment;
19.1.6 The direct or indirect payment or offer of payment of a commission by any funeral
establishment, funeral establishment branch or crematory, its agents, assistants, or employees
for the purpose of securing business;
19.1.7 Solicitation or acceptance by a licensed funeral director/embalmer, or the holder of a license as
a funeral establishment, funeral establishment branch or crematory, of any commission or bonus
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or rebate in consideration of recommending or causing a dead human body to be disposed of in
any crematory, mausoleum or cemetery;
19.1.8
Using any funeral merchandise previously used in whole or in part without prior written
permission of the person selecting and/or paying for the use of the merchandise;
19.1.9
Violation of any of the provisions of these regulations;
19.1.10
Violation of any state law or rule or regulation affecting the handling, custody, care,
transportation or final disposition of dead human bodies;
19.1.11
Fraud or misrepresentation in obtaining or renewing a license;
19.1.12
Refusing to properly release a dead human body to the custody of the person or entity
who has the legal right to affect such release and authorized cost has been paid;
19.1.13
Aiding or abetting an unlicensed person to practice funeral directing and embalming or
holding oneself out as a licensed funeral director/embalmer;
19.1.14
Failure to secure any required permit for removal or burial of dead human remains prior
to interment or final disposition;
19.1.15
Knowingly making any false statement on a certificate of death;
19.1.16
Violation of Chapter 5-33.1 of the Rhode Island General Laws, as amended, entitled
"Funeral Service Contracts";
19.1.17
Discriminating in services because of race, creed, color, or national origin;
19.1.18
Permitting non-funeral service licensees to make arrangements for a funeral prior to, or
at, need unless exempted under Chapter 5-33.1 of the General Laws or a registered
intern under the supervision of a licensee;
19.1.19
Substantial or repeated violations of the rules and regulations of the Federal Trade
Commission (of reference 1); and/or the Occupational Safety and Health
Administration; and/or the Department of Environmental Management (of reference 3);
19.1.20
Other violations deemed sufficient.
19.2
Each funeral director/embalmer of record shall, on or before the tenth (10th) day of the following month,
file a report with the state registrar of vital records listing funerals and/or decedents serviced following
deaths or fetal deaths within the month. (This report is to be filed even if there is no activity within the
month to report). Failure to file these reports or any of the certificates required under Chapter 23-3-16
of the Rhode Island General Laws, as amended, within the prescribed time limits shall be grounds for
disciplinary action, including revocation of license by the Board.
19
19.3
Before any license shall be so revoked or suspended, the holder thereof shall have notice in writing of
the charge or charges against him/her and shall have reasonable opportunity to be heard in his/her
defense.
19.4
Any person whose license has been so revoked or suspended may apply to have the certificate
reissued, and the certificate shall be reissued to him/her upon a satisfactory showing that disqualification
has ceased.
19.5
Witnesses
The Division shall have power through its Administrator to summon any person to appear as a witness
and testify at any hearing of the Division under the provisions of Chapter 5-33.2 of the General Laws,
and to examine and administer oaths to those witnesses.
19.6
Appeals
All hearings and reviews required under the provisions of Chapter 5-33.2 of the Rhode Island General
Laws, as amended, shall be held in accordance with the Rules and Regulations of the Rhode Island
Department of Health Regarding Practices and Procedures Before the Department of Health and
Access to Public Records of the Department of Health (R42-35-PP) of reference 2.
19.7
Violations and Penalties
19.7.1 Any person, partnership, corporation, association or its agents or representatives violating any
of the provisions of Chapter 5-33.2 of the General Laws, as amended, or of any rules or
regulations of the Division, shall be guilty of a misdemeanor.
19.7.2 Upon conviction, the person(s) shall be punished by imprisonment for a term not exceeding six
(6) months or by a fine not exceeding five hundred dollars ($500), or by both the fine and
imprisonment, within the discretion of the Court.
19.8
Violations and Complaints
19.8.1 Complaints for violation of the provisions of any lawful rules or regulations made by the Division
may be made by the Administrator of the Division or by any person authorized by the
Administrator, who shall be exempt from giving surety for costs on any such complaint.
19.8.2 All complaints filed with the Division charging a person or establishment with having been guilty
of any actions specified in these rules and regulations must be sworn and notarized.
Section 20.0 Board of Examiners
20
20.1
The Director, with the approval of the Governor, shall appoint to the Division, a Board of Examiners,
consisting of three (3) embalmers/funeral directors and two (2) consumers.
20.2
Qualification of the Board
The members of the Board of Examiners in embalming shall be:
(i)
residents of this state for at least five (5) years;
(ii)
three (3) members shall have had at least five (5) years practical experience in embalming dead
human bodies and in funeral directing, and shall have been actually engaged therein in this state;
and
(iii)
two (2) members shall be private citizens who represent the consumer and who are not involved
or affiliated with, financially or otherwise, any funeral establishment and/or funeral
director/embalmer;
(iv)
Current members shall serve their present terms as they fulfill the requirements of this section.
(v)
No member shall serve more than two (2) consecutive terms.
20.3
Removal of Board Members
The Director may remove any member of the Board for cause.
20.4
Vacancies
20.4.1 On the expiration of the term of any member, the Director, by and with the consent and advice
of the Governor, shall fill the vacancy by appointment for a term of three (3) years.
20.4.2 Upon the death, resignation or removal for cause of any member, the Director, by and with the
consent and advice of the Governor, shall fill the vacancy by appointment for the unexpired
portion of the term.
20.4.3 Every member shall serve until his/her successor has been appointed and qualified.
Section 21.0
Severability
If any provision of any rule or regulation made or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction, the remainder of the rule or
regulation, and the application of the provision to other persons or circumstances, shall not be affected
thereby.
21
PART V
REFERENCES
1.
Federal Trade Commission, "Funeral Industry Practices," 16 Code of Federal Regulations, Chapter
1, Part 453.1, pp.323--330, January 1, 1996.
2.
Rules and Regulations of the Rhode Island Department of Health Regarding the Practices and
Procedures Before the Department of Health and Access to Public Records of the Department
of Health (R42-35-PP), Rhode Island Department of Health, October 2000.
3.
Rules and Regulations Governing the Generation, Transportation, Storage, Treatment,
Management and Disposal of Regulated Medical Waste in Rhode Island (R01-92-MW), Rhode
Island Department of Environmental Management, April 1994.
4.
Blood borne Pathogens, Occupational Safety and Health Administration (OSHA), 29 CFR Part
1910--1000 to end, section 1910.1030, pp. 316--326, July 1, 1994.
October 15, 2001
funeral director regs-refiling-jan02.doc
22
APPENDIX "A"
SAMPLE AUTHORIZATION FOR RELEASE, EMBALMING & REMOVAL OF MEDICAL
DEVICES
The undersigned hereby authorize
___________________________________________________________________________
(Name of Institution or Person)
to release the body of ____________________________________________________
(Name of Deceased)
to _______________________________________________________ and/or
(Name of Funeral Home)
its agents, and authorize and direct said funeral home and/or its agents to care, embalm and
otherwise prepare said body for earth burial or entombment or cremation or burial at sea or other
disposition and to remove a ___________________________________
and transmit such device to _____________________________________________.
I (we) hereby represent that I am (we are) of the same and nearest degree of relationship to the
deceased and/or are legally authorized or charged with the responsibility for such burial and/or other
disposition.
___________________________________________
Name
Relationship
___________________________________________
Name
Relationship
___________________________________________
Name
Relationship
Witness _____________________________
Date _______________________________
23
APPENDIX "B"
SAMPLE AUTHORIZATION FOR REMOVAL & DISPOSITION WITHOUT
EMBALMING
The undersigned hereby direct and authorize the _______________________________
(Name of Funeral Home)
and/or its agents, to remove and take possession of the body of
________________________ and to provide for the final disposition of said body by
(Name of Deceased)
( ) earth burial ( ) entombment ( ) cremation & disposition of cremated remains
( ) burial at sea ( ) other ___________________. We direct that there be no
embalming or other preparation or care of the body. The undersigned also wish hereby to indicate the
desire (to have) (not to have) rites/ceremonies with the casketed body present.
The undersigned do further state that they (have) (have not) identified the body of the above-named
decedent and assume all responsibility and/or liability of anyone whomsoever for mistaken identity.
The undersigned do hereby agree to indemnify and hold harmless the above-named funeral home,
its officers, agents and employees from any claims or causes of action, including a reasonable
attorney's fees for the defense thereof arising out of their act of identification or failure to identify, or
arising out of their decision not to embalm, or arising out of any other decision indicated by this
agreement which may result in mental or physical distress or anguish or harm or financial loss to
themselves or to others.
___________________________________________________
_______________
Name
Relationship to Deceased
Date
___________________________________________________
______________
Name
Relationship to Deceased
Witness
___________________________________________________
Name
Relationship to Deceased