216-RICR-40-05-25
216-RICR-40-05-25. Embalmers, Funeral Directors, and Funeral Service Establishments (version Amendment, 12/18/2014 to 08/29/2018)
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)
December 2003
January 2007 (re-filing in accordance with
the provisions of section 42-35-4.1 of the
Rhode Island General Laws, as amended)
September 2007
June 2008
January 2012 (re-filing in accordance with
the provisions of section 42-35-4.1 of the
Rhode Island General Laws, as amended)
September 2012
July 2013
November 2014
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INTRODUCTION
These amended Rules and Regulations Pertaining to Embalmers, Funeral Directors and Funeral
Service Establishments [R5-33.2-EMB] are promulgated pursuant to the authority conferred under
§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 prevailing standards for the licensing of embalmers, funeral
directors and funeral service establishments. These current amendments are being promulgated for
the purpose of implementing changes mandated by PL 2014-323 and PL 2014-226, and to clarify
criteria for designation of a funeral planning agent.
Pursuant to the provisions of § 42-35-3(a)(3) and § 42-35.1-4 of the General Laws of Rhode
Island, as amended, the following were given consideration in arriving at these amended regulations:
(1) Alternative approaches to the regulations;
(2) Duplication or overlap with other state regulations; and
(3) Significant economic impact on small business.
Based on the available information, no known alternative approach, duplication, or overlap was
identified.
Upon promulgation of these amendments, these amended Regulations shall supersede all
previous Rules and Regulations Pertaining to Embalmers, Funeral Directors and Funeral Service
Establishments promulgated by the Department of Health and filed with the Secretary of State.
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TABLE OF CONTENTS
Section
Page
PART I
Definitions and Licensing Procedures for Embalmers and Funeral Directors
1.0
Definitions
1
2.0
Qualifications of Funeral Directors/Embalmers
5
3.0
Burial Certificate Plans
7
4.0
Cemetery Operations
7
5.0
Application & Renewal of License
7
Continuing Education Requirements
8
6.0
Funeral Director/Embalmer Internship
9
PART II
Licensing Procedures for Funeral Establishments
7.0
Licensure Requirements
11
8.0
Branch Office Licenses
11
9.0
License Application and Fees
11
10.0
License Renewals
11
11.0
Display of Licenses
12
12.0
Change of Ownership, Operation or Location
12
13.0
General Operational Requirements
13
13.4
Medical Waste
13
14.0
Inspections
16
PART III
Licensing Procedures for Crematories
15.0
Licensure Application and Fees
18
16.0
License Renewal
18
17.0
Inspections
18
18.0
General Operational Requirements
19
18.24 Medical Waste
22
PART IV
Denial, Suspension, Revocation and Severability
19.0
Revocation or Suspensions
24
20.0
Board of Examiners
26
21.0
Variance Procedure
27
22.0
Severability
27
PART V
References
28
Appendix "A"
29
Appendix "B"
30
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
"Act" means RIGL Chapter 5-33.2 entitled, "Funeral Director/Embalmer Funeral Service
Establishments".
1.2
"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.
1.3
“Authorizing agent” means a person legally entitled to authorize the cremation of human
remains.
1.4
"Board" shall mean the State Board of Funeral Directors/Embalmers.
1.5
"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.
1.6
“Burial transit permit” means a permit for disposition of a dead human body as required by
state legal requirements.
1.7
"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 and which may or may not be combustible.
1.8
"Cremated remains" means all remains of the cremated human body recovered after the
completion of the cremation process, including pulverization which leaves only bone
fragments reduced to unidentifiable dimensions, and which may possibly include the residue
of any foreign matter including casket material, bridgework, or eyeglasses, that were
cremated with the human remains.
1.9
"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.
1.10
“Cremation authority” means the legal entity or the authorized representative of the legal
entity which is licensed by the state to operate a crematory and perform cremation.
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1.11
“Cremation chamber” means the enclosed space within which the cremation takes place.
Cremation chambers subject to these Regulations shall be used exclusively for the cremation
of human remains.
1.12
“Cremation container” means a container in which human remains are transported to the
crematory and placed in the cremation chamber for a cremation. A cremation container
should meet substantially all of the following standards: be composed of readily combustible
material suitable for cremation; be able to be closed in order to provide a complete covering
for the human remains; be resistant to leakage or spillage; be rigid enough for handling with
ease, and be able to provide protection for the health, safety and personal integrity of
crematory personnel.
1.13
"Department" shall mean the Rhode Island Department of Health.
1.14
"Director" means the Director of the Rhode Island Department of Health.
1.15
"Domestic partner" means a person who, prior to the decedent's death, was in an exclusive,
intimate and committed relationship with the decedent, and who certifies by affidavit that
their relationship met the following qualifications:
(a) Both partners were at least eighteen (18) years of age and were mentally competent to
contract;
(b) Neither partner is married to anyone else;
(c) Partners were not related by blood to a degree which would prohibit marriage in the state
of Rhode Island;
(d) Partners resided together and had resided together for at least one (1) year at the time of
death; and
(e) Partners were financially interdependent as evidenced by at least two (2) of the
following:
(1) Domestic partnership agreement or relationship contract;
(2) Joint mortgage or joint ownership of primary residence;
(3) Two (2) of the following:
(i)
Joint ownership of motor vehicle;
(ii) Joint checking account;
(iii) Joint credit account;
(iv) Joint lease; and/or
(4) The domestic partner had been designated as a beneficiary for the decedent's will,
retirement contract or life insurance.
1.16
"Embalmer" shall mean any person who has completed:
(i)
An internship;
(ii) Full course of study at an accredited mortuary science school;
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(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 defined by these Regulations.
1.17
"Embalming" shall mean the practice, science or profession of preserving, disinfecting, and
preparing in any manner, dead human bodies for burial, cremation or transportation.
1.18
"Funeral" shall mean a period following death in which there are religious services or other
rites or ceremonies with the body of the deceased, including cremated remains, present.
1.19
"Funeral directing" shall mean:
(i)
Conducting funeral services; or
(ii) The arrangement 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.
1.20
"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 defined by these Regulations, 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.
1.21
"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 the Act, and actively engaged in the practice, or profession of funeral
directing and embalming in Rhode Island.
1.22
"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.
1.23
"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
4
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
RIGL Chapter 5-33.1.
1.24
“Funeral planning agent” means a person who is at least eighteen (18) years of age, who
has been duly and lawfully designated, and who has accepted the designation, to act for the
principal, and who has authority and responsibility to make all arrangements, regarding
funeral preparation, planning, the nature of the funeral goods and services to be provided, the
manner in which funeral services are to be conducted, burial, and/or the disposition of the
principal's remains, including cremation, upon the death of the principal. Duly and lawful
designations shall include, but not be limited to, a legally binding will and, for those serving
in the armed forces of the United States, a Department of Defense Record of Emergency
Data (DD Form 93), or its successor. The funeral planning agent may be a relative or a non-
relative of the principal, except as otherwise provided for in RIGL §5-33.3-3(d).
1.25
“Holding facility” means an area within or adjacent to the crematory facility designated for
the retention of human remains prior to cremation that shall: comply with any applicable
health law; preserve the dignity of the human remains; recognize the integrity, health and
safety of the crematory authority personnel operating the crematory, and be secure from
access by anyone other than authorized personnel.
1.26
"Licensing agency" shall mean the Department of Health.
1.27
"Person" shall include individuals, partnerships, corporations, limited liability companies,
associations and organizations of all kinds.
1.28
"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 the Act, and as defined in the Federal Trade Commission's
"funeral rule" of reference 1.
1.29
“Niche” means a compartment or cubicle for the memorialization or permanent placement of
a temporary container or urn containing cremated remains.
1.30
“OSHA” means the federal Occupational Safety and Health Administration.
1.31
“Processing” means the reduction of identifiable bone fragments after the completion of the
cremation process to unidentifiable bone fragments by manual means.
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1.32
“Pulverization” means the reduction of identifiable bone fragments after the completion of
the cremation and processing to granulated particles by manual or mechanical means.
1.33
“Rental casket” means a casket that may be re-used in accordance with these Regulations.
1.34
“RIGL” means the General Laws of Rhode Island, as amended.
1.35
“Temporary container” means a temporary container that is a receptacle for cremated
remains usually made of cardboard, plastic, or similar material designed to hold the cremated
remains until an urn or other permanent container is acquired.
1.36
“These Regulations” mean all parts of Rhode Island Rules and Regulations Pertaining to
Embalmers, Funeral Directors and Funeral Service Establishments [R5-33.2-EMB].
1.37
“Urn” means a receptacle designed to permanently encase the cremated remains.
Section 2.0
Qualifications of Funeral Directors/Embalmers
Requirements for Licensure
2.1
A funeral director/embalmer’s 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.
Qualifications for Licensure
2.2
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 Department that he/she is of good moral character;
(iv) Be a high school graduate or its equivalent;
(v)
Have graduated from a school of mortuary science accredited by the American Board
of Funeral Service Education, Inc.;
(vi) 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;
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(x)
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.
Licensure By Endorsement
2.3
Any funeral director/embalmer who is currently licensed in good standing in another state
may be licensed by endorsement in Rhode Island.
2.4
Every funeral director/embalmer seeking such licensure by endorsement shall meet all of the
requirements in §2.2 of these Regulations with the exception of §2.2(vii).
2.5
Furthermore, every funeral director/embalmer must comply with all requirements of the Act.
2.6
Anyone licensed in another state prior to 1985 is hereby exempt from the National Board
Examination requirements set forth in §2.0 of these Regulations.
Armed Forces Embalming Experience
2.7
Any person who has:
(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 §5-33.2-6
of the Act; and
(iii) Prior to that induction commenced his/her internship, as provided in §5-33.2-6 of the
Act; 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 §5-33.2-6 of the Act.
2.8
Each such person described in §2.7 of these Regulations shall submit to the Department
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 Department 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.
Unlicensed Practice
2.9
In Rhode Island, 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
7
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 these Regulations; and
2.10
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.
2.11
Notwithstanding the provisions of §2.0 of these Regulations, a person under the supervision
of a licensed funeral director/embalmer shall be allowed to fulfill duties not specifically
prohibited by the Act, and those duties allowed by the Federal Trade Commission "Funeral
Rule" [Reference 1].
Section 3.0
Burial Certificate Plan
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 §3.0 of these Regulations.
3.3
Nothing in these Regulations 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 Department, an application for a license.
5.2
Said application shall be accompanied by a fee as set forth in the Rules and Regulations
Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services
Provided by the Department of Health.
8
Expiration & Renewal of Licenses
5.3
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.
5.4
Each licensee shall pay to the Department a yearly fee as set forth in the Rules and
Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative
Services Provided by the Department of Health for the renewal of the funeral director/
embalmer's license.
5.5
Applications, accompanied by the renewal fee, shall be filed with the Department on or
before the thirty-first (31st) day of December in each year.
5.5.1 Applications filed after the thirty-first (31st) day of December, and on or before the
fifteenth (15th) day of January, must be accompanied by a fee as set forth in the Rules
and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and
Administrative Services Provided by the Department of Health in addition to the
renewal fee cited in §5.4 of these Regulations.
5.6
Any funeral director/embalmer who acts or holds himself/herself out as such after his/her
license has lapsed shall be punished as provided in these Regulations.
Continuing Education Requirements
5.7
Every funeral director/embalmer shall be required to participate in a total of five (5) hours
annually of continuing education training of which three (3) hours are mandated by annual
OSHA training.
5.7.1 Said five (5) hours of annual training shall be required for renewals issued as of
January 1, 2008; provided, however, those funeral directors or embalmers who are
sixty-five (65) years of age or older and have at least forty (40) years of experience
shall be exempt1 from this requirement.
5.8
On application for renewal of license, a funeral director/embalmer shall attest to completion
of five (5) hours annually in scope of practice-specific offerings that may include, but not be
limited to: formal presentations, conferences, and/or self-study courses, such on-line courses.
Such programs or offerings shall be approved or sponsored by a Board-approved
organization (see §5.9 of these Regulations).
5.9
Two (2) of the five (5) hours of continuing education may be selected from programs or
offerings sponsored or approved by the following organizations that are deemed to be
approved by the Board:
Rhode Island Funeral Directors Association (RIFDA);
National Conference for Funeral Board Examiners;
1 This exemption shall only be applicable for annual training mandated pursuant to the Act and these Regulations.
It does not exempt an individual from training required by federal agencies such as OSHA.
9
Academy of Professional Funeral Service Practice (APFSP); or
Others as may be approved by the Board.
5.10
It shall be the sole responsibility of the funeral director/embalmer to obtain documentation
(e.g., course descriptions, proof of attendance) from the sponsoring organization, agency, or
institution of his/her participation in a continuing education program and/or activity. These
documents shall be retained by each licensee for no less than two (2) years and are subject to
random audit by the Department.
5.11
A licensee who fails to complete the continuing education requirements described in these
Regulations may be subject to disciplinary action pursuant to §5-33.2-17 of the Act.
5.12
A license may be denied to any applicant who fails to provide satisfactory evidence of
completion of continuing education relevant to the practice of a funeral director/embalmer as
required by these Regulations.
5.13
A funeral director/embalmer initially licensed by examination after the December 31st
renewal date shall be exempt from the continuing education requirements stated in these
Regulations until the date of the next renewal cycle (i.e., January 1st of the next year).
5.14
An extension of time to complete the continuing education requirements may be granted to a
funeral director/embalmer solely at the discretion of the Board for reasons of hardship or
other extenuating circumstances.
Display of Licenses
5.15
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 and it shall not be transferable.
Section 6.0
Funeral Director/Embalmer Internship
6.1
Nothing in §6.0 of these Regulations 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 Department.
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 as set forth in the Rules and Regulations
Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services
Provided by the Department of Health 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.
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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 Department 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.
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 §6.6 of these Regulations; further,
each set of human remains shall only be counted once towards the required total for
each intern.
Supervision of Interns
6.11
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.
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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 that 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 Department.
9.1.1 Said applications shall be accompanied by the application fee for the funeral
establishment and for a branch office as set forth in the Rules and Regulations
Pertaining to the Fee Structure for Licensing, Laboratory and Administrative
Services Provided by the Department of Health.
Section 10.0 License Renewals
10.1
All licenses issued under the provisions of these Regulations must be renewed annually by
the holders thereof.
10.2 All funeral establishment and branch office licenses shall expire on 31 December of each
year, unless sooner suspended or revoked.
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10.3
The license holder shall pay to the Department a yearly renewal fee for the funeral
establishment license and for each funeral establishment branch office license as set forth in
the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and
Administrative Services Provided by the Department of Health.
10.4
Applications, accompanied by the renewal fee, shall be filed with the Department on or
before the thirty-first (31st) day of December in each year.
10.4.1 Applications filed after the thirty-first (31st) day of December, and on or before the
fifteenth (15th) day of January, must be accompanied by a fee as set forth in the Rules
and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and
Administrative Services Provided by the Department of Health in addition to the
renewal fee cited in §10.3 of these Regulations.
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 by these Regulations.
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.
11.2
Every funeral service establishment shall display the name of the establishment and of the
funeral director of record on a sign readily visible to the public and located prominently on
the premises.
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 Department 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 Department was notified by the licensee, if no new funeral director/
embalmer is registered with the Department.
12.2.2 No funeral services shall be conducted at the funeral establishment without a funeral
director/embalmer being registered with the Department 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. The
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funeral service establishment that closes its place of business and joins an existing licensed
funeral service establishment 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:
12.4.1 Filing with the Department 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 the Act.
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
RIGL Chapter 23-19.12 and the Rules and Regulations Governing the Generation,
Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste
in Rhode Island [DEM-OWM-MW-1-2009] [Reference 3].
Casket Rentals
13.5
When caskets are made available for rental on a temporary basis, the casket may later be re-
used as long as the following provisions are met:
13.5.1 Said caskets shall be manufactured specifically for multi-use purposes and shall be
equipped with a removable liner or insert. No casket manufactured for a single use
shall be used more than once.
13.5.2 The removable liner or insert shall be completely removed and replaced with a new
liner or insert after each use;
13.5.3 No such casket shall be used or re-used after any non-removable portion of that
casket has been soiled, stained, or otherwise contaminated by or from any human
remains placed therein, or has been placed within a rental casket insert;
13.5.4 The customer who rents or re-uses that casket shall be informed in writing, that the
casket may have been used previously and that it will be reclaimed by the funeral
14
establishment from which he or she has rented or obtained it immediately prior to the
final disposition of the deceased, and
13.5.5 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. The customer who rents or re-uses that
casket shall also sign a written disclosure that he or she has received all of the above
information in writing and that he or she authorizes the funeral establishment to use
the removable liner or insert selected by him or her for the disposition of the
deceased.
Infection Control
13.6
Funeral directors/embalmers shall comply with the Occupational Safety and Health
Administration's (OSHA) Blood borne Pathogen Standards [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;
(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.
13.7
Funeral directors/embalmers shall comply with the most recent version of the World Health
Organization’s Infection Control Guidelines for Transmissible Spongiform Encephalopathies
[Reference 5] in order to protect themselves and their employees from occupational exposure
to blood borne pathogens.
Permits
13.8
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.
13.9
The burial-transit permit shall be signed by the funeral director and by the certifying
physician as designated in RIGL Chapter 23-3-16(c).
13.10 A burial-transit permit issued under the law of another state which accompanies a dead body
or fetus brought into Rhode Island shall be authority for final disposition of the body or fetus
in Rhode Island.
13.11 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
15
funeral director, embalmer, his/her duly authorized agent, or other person acting as such,
upon proper application.
Transport of Human Remains
13.12 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.
Proper Authority for Funeral Arrangements and Disposition of Human Remains
13.13 Pursuant to §5-33.2-24 of the Act, every licensed funeral director/embalmer, licensed funeral
establishment, licensed crematory, and cemetery shall comply with the following rules with
respect to proper authority for funeral arrangements and disposition of human remains:
(1) If a licensed funeral establishment is a party to a funeral services contract, as defined in
RIGL §5-33.1-2, for the benefit of a deceased person, only when executed by the
principal, him or herself and the contract is still in effect at the time of that person's
death, the terms of that contract shall control the nature of the funeral goods and services
to be provided, the manner in which funeral services are to be conducted for the
deceased, and the final disposition of the deceased person's remains to the full extent
provided in that contract. When the contract is executed by the principal, him or herself,
and specifies cremation as the chosen disposition, the contract is considered sufficient
legal authorization for cremation. No licensed funeral establishment, licensed crematory,
or cemetery nor any of its agents or employees, may cancel or materially alter any of the
arrangements specified in that contract, even if requested to do so by a member of the
deceased person's family or a funeral planning agent designated pursuant to RIGL
Chapter 5-33.3 unless compliance with the terms of the original contract would result in
a violation of any applicable federal, state or local law or regulation, notwithstanding the
provisions of RIGL Chapter5-33.2.
(2) To the extent that there is no funeral services contract in effect at the time of death for
the benefit of the deceased person, indicating the wishes of the deceased person with
respect to the nature of the funeral goods and services to be provided, the manner in
which funeral services are to be conducted, or the final disposition of the deceased
person's remains, then the funeral establishment and its agents or employees shall follow
the directions of the deceased person's survivors, in the following order of priority:
(i)
A funeral planning agent designated pursuant to RIGL Chapter 5-33.3, if any.
Duly and lawful designations shall include, but not be limited to, a legally binding
will and, for those serving in the armed forces of the United States, a Department
of Defense Record of Emergency Data (DD Form 93), or its successor;
(ii)
The surviving spouse or domestic partner of the deceased;
(iii) The surviving adult children of the deceased;
(iv) The surviving parent(s) of the deceased over the age of eighteen (18), or, if the
deceased is a minor, and there is a custody order relative to that child, the custodial
parent, after he or she signs an affidavit attesting that he or she does not know the
whereabouts of the other parent;
(v)
The surviving brother(s) or sister(s) of the deceased;
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(vi) The surviving adult grandchildren of the deceased;
(vii) The surviving adult niece(s) or nephew(s) of the deceased;
(viii) The guardian of the person of the deceased at the time of his or her death.
(3) All licensed funeral directors/embalmers, licensed funeral establishments, licensed
crematories, cemeteries, and all their agents and employees shall be held harmless, and
shall not be subject to civil suit, either as individual(s), partnership(s), or corporation(s)
for complying with the provisions of the Act.
Latex
13.14 Any licensed funeral directors/embalmers, funeral establishments, or cemeteries that utilize
latex gloves shall do so in accordance with the provisions of the Rules and Regulations
Pertaining to the Use of Latex Gloves by Health Care Workers, in Licensed Health Care
Facilities, and by Other Persons, Firms, or Corporations Licensed or Registered by the
Department [Reference 6] promulgated by the Department of Health.
Section 14.0 Inspections
14.1
Any licensed funeral director/embalmer employed by the Department 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 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. Pre-need contracts shall be audited at least once
per year.
14.3
Inspections shall include all areas of sanitation and public health, complaint investigations,
as well as conformity with applicable sections of the Act, and these Regulations.
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 Department.
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
17
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 Department. This section shall not
prohibit the funeral establishment or funeral director/embalmer from advertising.
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PART III
Licensing for Crematories
Section 15.0 Licensure Application and Fees
15.1
No person or business shall erect, maintain, or operate a crematory in Rhode Island without
first providing the necessary appliances and facilities for the cremation of human remains
and without obtaining all the necessary licenses as required by these Regulations.
15.2
A crematory authority shall be subject to all local, state and federal health and environmental
protection requirements and shall obtain all necessary licenses and permits from the
Department, the federal Department of Health and Human Services, the U.S. Environmental
Protection Agency, the Rhode Island Department of Environmental Management, or such
other appropriate local, state and federal agencies.
15.3
A crematory may be constructed on or adjacent to any cemetery, in, or adjacent to any
funeral home or at any other location consistent with local zoning regulations and state laws.
15.4
Applications for the crematory license shall be made on forms furnished by the Department
accompanied by a non-refundable application fee as set forth in the Rules and Regulations
Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services
Provided by the Department of Health and copies of all necessary local, state and federal
permits and licenses.
15.5
A license shall be issued to a specific licensee for a specific location and shall not be
transferable.
15.6
The facility and licensee shall meet all requirements as set forth by these rules and
regulations, consistent with the Act.
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 Department a yearly renewal fee as set forth in the Rules
and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and
Administrative Services Provided by the Department of Health for the crematory license.
16.2
Applications, accompanied by the renewal fee, shall be filed with the Department on or
before the 31st day of December in each year.
16.2.1 Applications filed after the 31st day of December, and on or before the 15th day of
January, must be accompanied by a fee as set forth in the Rules and Regulations
Pertaining to the Fee Structure for Licensing, Laboratory and Administrative
Services Provided by the Department of Health in addition to the renewal fee cited in
§16.1 of these Regulations.
16.3
Any crematory that acts or holds itself out as such after its license has lapsed shall be
punished as provided by these Regulations.
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Section 17.0 Inspections
17.1
Any licensed funeral director/embalmer employed by the Department 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
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 crematory to permit such inspection at all reasonable times shall be deemed sufficient
cause for the revocation of any license issued to the crematory.
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 Regulations.
Section 18.0 General Operational Requirements
Practice of Cremation
The practice of cremation shall include no less than the following provisions:
18.1
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.
18.2
The body shall not be received or cremated by any corporation authorized to cremate the
bodies of the dead until its officers have received:
18.2.1 A cremation authorization form signed by the authorizing agent, whose right to
authorize the cremation was established in accordance with the Act. The cremation
authorization form shall contain, at a minimum, the following information:
(a) The identity of the human remains to be cremated and the time and date of
death;
(b) The name of the funeral establishment that obtained the cremation
authorization;
(c) Notification as to whether the death occurred from a disease declared by the
Department to be infectious, contagious, communicable or dangerous to the
public health;
(d) The name and address of the authorizing agent and the relationship between the
authorizing agent and the decedent;
(e) A representation that the authorizing agent does in fact have the right to
authorize the cremation, and that the authorizing agent in not aware of any
living person who has a superior priority right to that of the authorizing agent.
In the event that there is another living person who has an equal priority right to
20
the authorizing agent the form shall contain a representation that the authorizing
agent has made reasonable efforts to contact that person, has been unable to do
so and has no reason to believe that the person would object to the cremation of
the decedent.
(f)
Authorization for the crematory to cremate the human remains;
(g) A representation that the human remains do not contain a pacemaker or any
other material or implant that may be potentially hazardous or cause damage to
the cremation chamber or the person performing the cremation;
(h) The name of the person, or the name of the funeral establishment, authorized to
receive the cremated remains from the crematory;
(i)
The manner in which final disposition of the cremated remains is to take place,
if known;
(j)
The signature of the authorizing agent attesting to the accuracy of all
representations contained on the cremation authorization form;
(k) If authorization was given as part of a previously executed pre-need funeral
contract, then the crematory must receive a copy of that form in accordance
with the Act.
18.2.2 A completed and executed burial transit permit required by law before disposition is
made indicating that the human remains named on the permit are to be cremated, and
18.2.3 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.
18.2.4 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.
18.3
A crematory shall not take custody of unidentified human remains. The identity of the
decedent contained within each cremation container or casket must clearly be indicated on,
or labeled attached to, the outside of the container or casket.
18.4
Every crematory shall establish an internal system of identification of human remains
received for cremation. This system shall be designed to track the identity of the remains
from the time of receipt until completion of the cremation and delivery of the cremated
remains to the authorized person(s) or until otherwise disposed of in accordance with the
instructions from the authorized agent(s) or in accordance with these Regulations once the
cremated remains have been abandoned.
18.5
Human remains designated for cremation shall be cremated without unreasonable delay.
18.6
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.
18.7
Holding facilities shall be secure from access by all unauthorized persons.
21
18.8
A metal, indestructible identifying disk shall be placed in, or near the control panel of, 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.
18.9
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.
18.10 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.
18.11 In all cases where the human remains are to be cremated, the next-of-kin or other responsible
party shall sign a written consent personally identifying 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
identification of the human remains.
18.12 A crematory authority shall not accept a casket or alternative container from which there is
any evidence of the leakage of body fluids.
18.13 Except as provided for in §18.14 of these Regulations, no crematory shall make or enforce
any rules requiring that human remains be placed in a casket before cremation or that human
remains be cremated in a casket, nor shall the crematory refuse to accept human remains for
cremation for the reason that they are not in a casket.
18.14 Human remains shall be transferred to a crematory in a casket or cremation container.
Human remains shall not be removed from the casket or cremation container and the casket
or cremation container shall be cremated with the human remains, unless the crematory
authority has been provided with written instructions to the contrary by the authorizing agent
or unless the crematory does not accept metal caskets for cremation.
18.15 Upon completion of the cremation, and in so far as possible, all of the recoverable residue of
the cremation process shall be removed form the cremation chamber. In so far as possible,
all residue from the cremation process shall then be separate from anything other than bone
fragments. The bone fragments shall be processed so as to reduce them to unidentifiable
particles. Anything other than the particles shall be removed from the cremated residuals as
far as possible and shall be disposed of by the crematory.
18.16 Cremated remains, including the proper identification tag, shall be placed within a temporary
container or urn as instructed by the authorizing agent(s). When a temporary container is
used the outside of the container shall be clearly identified with the name of the deceased
person whose cremated remains are contained therein, the name of the crematory and the
crematory’s identification number for those cremated remains. When an urn is used, the urn
shall be placed in a suitable box, or cloth bag, and the outside of the box or bag shall be
22
clearly identified with the name of the deceased person whose cremated remains are
contained therein, the name of the crematory and the crematory’s identification number for
those cremated remains.
18.17 If the cremated remains are to be shipped, or mailed, the designated receptacle ordered by the
authorizing agent shall be packed securely in a suitable, sturdy and pressure resistant
container which is not fragile and is sealed properly. Cremated remains shall be shipped, or
mailed, only by a method which has an internal tracing system available and which provides
a receipt signed by the person accepting delivery.
18.18 Each crematory shall maintain on its premises, or other business location within the state, an
accurate record of all cremation performed. This record, or log, shall include all of the
following information: the name of the deceased, the date the body was received by the
crematory, the crematory’s identification number assigned to the cremation, the name of the
referring funeral home, the time, date and temperature at which the body was inserted into
the cremation chamber, the time, date and temperature the body was removed from the
cremation chamber and the name of the individual who supervised the cremation.
18.19 When the crematory releases the cremated remains, a receipt shall be signed by the
individual who is receiving the cremated remains from the crematory.
18.20 Crematory authorities shall abide by all applicable state and federal laws and regulations.
Disposition of Human Remains
18.21 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. Written notice shall be sent by certified mail,
return receipt requested, to the last known address of the person who authorized the
cremation at least sixty (60) days prior to disposition.
(ii) Records shall be maintained to indicate the disposition of the human remains after
cremation.
18.22 This section shall not apply to the cremation of various body parts from different human
bodies.
Proper Authority for Funeral Arrangements and Disposition of Human Remains
18.23 Pursuant to §5-33.2-24 of the Act, every licensed crematory and cemetery shall comply with
the requirements of §13.13 of these Regulations with respect to proper authority for funeral
arrangements and disposition of human remains.
23
Medical Waste
18.24 The facility shall be in compliance with applicable sections of RIGL Chapter 23-19.12, and
the Rules and Regulations Governing the Generation, Transportation, Storage, Treatment,
Management and Disposal of Regulated Medical Waste in Rhode Island [Reference 3].
Latex
18.25 Any crematory that utilizes latex gloves shall do so in accordance with the provisions of the
Rules and Regulations Pertaining to the Use of Latex Gloves by Health Care Workers, in
Licensed Health Care Facilities, and by Other Persons, Firms, or Corporations Licensed or
Registered by the Department [Reference 6] promulgated by the Department of Health.
24
PART IV
Denial, Suspension, Revocation and Severability
Section 19.0 Revocations or Suspensions
The Department 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 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;
25
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 RIGL Chapter 5-33.1 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 RIGL Chapter 5-33.1 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 [Reference 1]; and/or the Occupational Safety and Health
Administration; and/or the Department of Environmental Management [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 RIGL Chapter 23-3-16 within the prescribed time
limits shall be grounds for disciplinary action, including revocation of license by the Board.
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.
Appeals
19.5
All hearings and reviews required under the provisions of the Act 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) [Reference 2].
26
Violations and Penalties
19.6
Any person, partnership, corporation, association or its agents or representatives violating
any of the provisions of the Act, or of any rules or regulations of the Department, shall be
guilty of a misdemeanor.
19.7
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.
Violations and Complaints
19.8
All complaints filed with the Department charging a person or establishment with having
been guilty of any actions specified in these Regulations must be sworn and notarized.
Section 20.0 Board of Examiners
20.1
The Director, with the approval of the Governor, shall appoint a Board of Examiners,
consisting of three (3) embalmers/funeral directors and two (2) consumers.
Qualification of the Board
20.2
The members of the Board of Examiners in embalming shall be:
(i)
Residents of Rhode Island 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 Rhode Island; 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
§20.0 of these Regulations.
(v) No member shall serve more than two (2) consecutive terms.
Removal of Board Members
20.3
The Director may remove any member of the Board for cause.
Vacancies
20.4
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.
20.5
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.
20.6
Every member shall serve until his/her successor has been appointed and qualified.
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Section 21.0 Variance Procedure
21.1
The Department may grant a variance upon request of the licensee from the provisions of any
rules and regulations herein, if it finds in specific cases, that a literal enforcement of such
provision will result in unnecessary hardship to the licensee and that such a variance will not
be contrary to the public interest.
21.2
A request for a variance shall be filed by a licensee in writing, setting forth in detail the basis
upon which the request is made.
21.2.1 Upon filing of each request for variance with the Department and within a reasonable
time thereafter, the Department shall notify the licensee by certified mail of its
approval or in the case of a denial, a hearing date, time and place may be scheduled if
the licensee appeals the denial. Such hearing must be held in accordance with the
provisions of § 19.5 of these Regulations.
Section 22.0 Severability
22.1
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.
28
PART V
References
1. Federal Trade Commission, "Funeral Industry Practices," 16 CFR 453. Available online at:
http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&sid=9cceeca401d30526d5445c662bf747af&rgn=div5&view=text&node=16:1.0.1.4.58&idno=16
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, April 2004
3. Rules and Regulations Governing the Generation, Transportation, Storage, Treatment,
Management and Disposal of Regulated Medical Waste in Rhode Island [DEM-OWM-MW-1-
2009], Rhode Island Department of Environmental Management, July 2010.
4. Blood borne Pathogens, Occupational Safety and Health Administration (OSHA), 29 CFR
1910.1030. Available online at:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10051
5. World Health Organization: Communicable Disease Surveillance and Control, WHO Infection
Control Guidelines for Transmissible Spongiform Encephalopathies: Report of a WHO
Consultation, Geneva, Switzerland, 23-26 March 1999. Available online at:
http://whqlibdoc.who.int/hq/2000/WHO_CDS_CSR_APH_2000.3.pdf
6. Rules and Regulations Pertaining to the Use of Latex Gloves by Health Care Workers, in
Licensed Health Care Facilities, and by Other Persons, Firms, or Corporations Licensed or
Registered by the Department (R23-73-LAT), Rhode Island Department of Health, May 2002
The revision dates of all regulations cited above were current when these amended regulations
were filed with the Secretary of State. Current copies of all regulations issued by the RI
Department of Health may be downloaded at no charge from the RI Secretary of State’s Final
Rules and Regulations Database website: http://www.sos.ri.gov/rules/
FuneralDirectors_Final_November2014
Wednesday, November 19, 2014
29
APPENDIX "A"
RENTAL CASKET DISCLOSURE
Name of Decedent:
________________________________________________
Date of Death:
________________________________________________
Name of Representative:
________________________________________________
1.
RELATIONSHIP OF REPRESENTATIVE: The REPRESENTATIVE warrants and
represents to FUNERAL HOME that the relationship between
the REPRESENTATIVE and the DECEDENT is as follows:
Spouse or domestic partner
Next-of-Kin (Closest Living Relative):
Personal Representative of the Next-of-Kin with written authorization to act on his/her behalf
Other:
2.
AUTHORITY OF REPRESENTATIVE: The REPRESENTATIVE warrants and
represents to FUNERAL HOME that the REPRESENTATIVE is the person or the appointed
agent of the person who by law has the paramount right to arrange and direct the disposition of the
remains of the DECEDENT and that no other person(s) has a superior right over the right of the
REPRESENTATIVE.
3.
ACKNOWLEDGMENTS REGARDING RENTAL CASKET:
The REPRESENTATIVE understands and acknowledges that the rental casket to be used in
the funeral services of the DECEDENT may have been used previously by the FUNERAL
HOME. The REPRESENTATIVE further understands and acknowledges that immediately
prior to the final disposition of the remains of the DECEDENT, the FUNERAL HOME will
reclaim the rental casket and will place the remains of the DECEDENT in a different
container for such disposition.
DATE
SIGNATURE OF REPRESENTATIVE
30
APPENDIX "B"
AUTHORIZATION FOR TRANSFER, EMBALMING, OTHER
PREPARATION, REMOVAL OF MEDICAL DEVICES AND
IDENTIFICATION OF THE DECEDENT
I (We) hereby designate FUNERAL HOME as the funeral directors in charge
of the funeral arrangements for: NAME OF DECEDENT
and herein authorize them to transfer the decedent to their funeral home for the purpose of:
( ) embalming and other preparation
( ) other preparation necessary for funeralization.
The undersigned hereby authorizes and directs said funeral home and/or its agents to remove a
___________________________________________ from the above named decedent and transmit
such device to: ________________________________________.
The undersigned further states 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 fee 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 of financial loss to
themselves or to others.
I (We) herein represent that I am (we are) the next of kin, or I am (we are) duly authorized to act as
an agent for the next of kin.
Signature _____________________________ Relationship Date _______
Signature _____________________________ Relationship Date _______
Signature _____________________________ Relationship Date _______
VERBAL AUTHORIZATION FOR EMBALMING AND OTHER PREPARATION
Person’s Name __________________________ Relationship Date _______
Received By ____________________________