Arkansas Administrative Code
Agency 003 - DEPARTMENT OF COMMERCE
Division 22 - Insurance Department
Rule 003.22.21-001 - Rule Pertaining to Embalmers, Funeral Directors, Funeral Establishments, Crematories, crematory Retort Operators, and Transport Services
Universal Citation: AR Admin Rules 003.22.21-001
Current through Register Vol. 49, No. 9, September, 2024
Section 1. Authority
This Rule is promulgated pursuant to Ark. Code Ann. § 23-61-1103 and 17-29-301 et seq.
Section 2. Purpose
The purpose of this Rule is to provide requirements that are applicable to embalmers, funeral directors, funeral establishments, mortuary service firms, crematory authorities, crematory retort operators, and transport services.
Section 3. Definitions
1. Advertisement
- The publication, dissemination, circulation or placing before
the public, or causing directly or indirectly to be made, published,
disseminated or placed before the public, whether in print, over the radio, on
television, or in any form of digital media: any announcement or statement in a
newspaper, magazine, or other publication, or in the form of a book, notice,
circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label,
or tag.
2. Apprentice
- A person who is registered with the Board and is engaged in
learning the practice of embalming or the business of funeral directing, under
the instruction and direct personal supervision of a licensed embalmer or
funeral director of the State of Arkansas,.
3. Arrangements (make)- to advise, counsel,
and/or enter into agreements about specifics for any services in advance of a
death, or following a death.
4.
Authority Having Jurisdiction ("AHJ")- The individual, agency, or office in
this state or another state that has authority to release dead human bodies for
final disposition.
5. Authorizing
Agent(s)- A person legally entitled to control the disposition of
the remains of a deceased person, as defined by Ark. Code Ann. §
20-17-102.
In the case of individuals who have donated their bodies to science, and in
which the institution is charged with making arrangements for the final
disposition of the deceased, a representative of the institution, if legally
authorized, may serve as the authorizing agent.
6. Bait Advertising -
Advertising a funeral, or an alternative type of service, which the advertising
funeral firm, in truth, does not intend or does not wish to sell. Its purpose
is to induce persons "before the time of need," or "at need," to visit or call
the funeral firm, and then sell them a higher priced service.
7. Board- As used in this Rule, it shall mean
the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial
Services.
8. Cash Advance or Cash
Accommodations - Monies paid to outside parties by the funeral
director or the funeral service firm, on behalf of the authorizing
agent.
9. Casket- A
rigid container in which the dead body is placed for use in religious services
or other ceremonies, transportation, or final disposition; usually constructed
of wood, metal, or manufactured materials such as plastic, fiberglass,
chipboard, pressed paper, paperboard or corrugated paper.
10. Closed Container- Any container in which
cremated remains can be placed and closed in a manner so as to be resistant to
leakage or spillage of cremated remains or the entrance of foreign
materials.
11. Committal Service-
The final rite or ceremony.
12.
Cremation/Calcination- The Cremation Association of North America
defines cremation as, "the mechanical and/or thermal or other dissolution
process that reduces human remains to bone fragments." Cremation includes the
processing, and usually includes the pulverization of the bone fragments. This
definition covers a variety of technologies that may be applied in order to
achieve reduction to bone fragments, including traditional flame-based
cremation, calcination, and alkaline hydrolysis.
13. Crematory- The building or portion of a
building that houses the retort, and that may house a holding facility for
purposes of cremation, and as part of a funeral establishment.
14. Crematory Authority- The legal entity or
the authorized representative of the legal entity which is licensed by the
Board to operate a crematory and perform cremations.
15. Cremation Chamber- The enclosed space
within which the cremation process takes place.
16. Cremation Container- The container in
which the human remains are placed in the cremation chamber for a cremation,
and which should be required by the crematory authority if the remains are not
in a casket. A cremation container should meet substantially all of the
following standards:
1. Be composed of readily
combustible materials suitable for cremations;
2. Be able to be closed in order to provide a
complete covering for the human remains;
3. Be resistant to leakage or
spillage;
4. Be rigid enough for
handling with ease; and
5. Be able
to provide protection for the health, safety and personal integrity of
crematory personnel.
17.
Cremated Remains or Cremains- All human remains recovered after the completion
of the cremation process, including pulverization, which leaves only bone
fragments reduced to unidentifiable dimensions.
18. Direct Disposition- The disposition of
the body of a dead person as quickly as the law will allow without its
preparation, except when required by law, and without any attendant religious
services or other rites or ceremonies.
19. Direct Personal Supervision- Daily
on-site contact whereby the supervisor/mentor, during the apprenticeship
period, is able to quickly respond to the needs of the apprentice funeral
director and/or embalmer. The supervisor/mentor must be on the premises
whenever embalming and/or funeral directing is performed.
20. Disposition Authority- The licensed
funeral establishment, cremation authority, or other person or legal entity
charged with the disposition of cremated remains.
21. Embalmer- A person required to be
licensed to practice the science of embalming under the laws of this State who
disinfects or preserves a dead human body, entirely, or in part, by the use of
chemical substances, fluids, or gases, in the body, or by introduction of same
into the body by vascular or hypodermic injection, or by direct application
into the organs or cavities.
22.
Embalming- The art of disinfecting or preserving a dead human body entirely, or
in part, by the use of chemical substances, fluids, or gases, in the body, or
by introduction of same into the body by vascular or hypodermic injection, or
by direct application into the organs or cavities.
23. Fetal Death- Death prior to the complete
expulsion or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy; the death is indicated by the fact
that after such expulsion or extraction, the fetus does not breathe or show any
evidence of life, such as beating of the heart, pulsation of the umbilical
cord, or definite movement of voluntary muscles. Fetal death shall include a
"spontaneous fetal death" (sometimes referred to as stillbirth or miscarriage),
or an "induced termination of pregnancy" as defined by the Arkansas Department
of Health.
24. Fetal Remains- The
remains of a fetal death.
25. Final
Disposition- After the completion of arrangements, final
disposition is defined as earth interment, above ground entombment, delivery
directly, or through a licensed transportation service to a crematory for a
cremation, delivery directly, or through a licensed transportation service to
the proper agency for burial at sea, or delivery directly, or through a
licensed transportation service to a medical institution for lawful dissection
and experimentation.
26. Funeral
Director- A person required to be licensed to practice the business of funeral
directing under the laws of this State, who meets the public, displays and
sells or offers to sell funeral merchandise or supplies; who plans details of
funeral services with members of the family and minister or any other person
responsible for such planning, or who directs, is in charge, or apparent charge
of, and supervises such service in a funeral home, church or other places; who
enters into the making, negotiation or completion of financial arrangements for
funerals, including, but not limited to, the sale and selection of funeral
supplies, or who uses in connection with the business of funeral directing the
words or terms "Funeral Director", "Undertaker", " Funeral Counselor",
"Mortician", or any other word, term or picture or combination thereof when
considered in context in which used, from which person using such word, term or
picture can be implied to be holding himself out to the public as being engaged
in the business of funeral directing.
27. Funeral Establishment or Funeral Home- A
place or premise devoted to or used in the shelter, care, preparation,
disposition or custody of the body, or for religious services or other rites or
ceremonies associated with the final disposition of human dead or maintained
for the convenience and comfort of the bereaved and the community for viewing
or other services in connection with the human dead, and as the office or place
for carrying on the business of funeral directing.
28. Funeral Merchandise- That personal
property used in connection with the transportation, funeralization and final
disposition of a dead human body, including but not limited to the receptacle
into which the body is directly placed. Funeral merchandise does not include
mausoleums, crypts, interment receptacles preset in a cemetery, or columbarium
niches.
29. Funeral Service Firm or
Funeral Directing- A person, partnership, enterprise, corporation, or any other
form of organization which engages in providing shelter, care and custody of
the human dead; in the practice of preparing of the human dead by embalming or
other methods for burial or disposition; supervising of the funeral services,
makes arrangements, financial or otherwise, for the providing of funeral
services or the sale of funeral merchandise, whether for the present or future
use; or in general, engages in the practice or performs any functions of
funeral directing, embalming or lawful final disposition of the dead.
30. Graveside Service- When and
where the complete funeral rites or ceremonies are conducted only at graveside.
Such rite or ceremony is not what is generally construed as the committal
service, which follows the funeral.
31. Green Burial- Interment of a dead human
body in the soil in a manner that does not inhibit decomposition and allows for
the body to recycle naturally. Interment of the body occurs in a biodegradable
casket, shroud, or any other biodegradable material. The process typically does
not involve embalming. Green burial is a type of final disposition.
32. Holding Facility- An area within,
adjacent or available to the crematory facility designed for the retention of
human remains prior to cremation that shall:
1. Comply with any applicable public health
law;
2. Preserve the dignity of the
human remains;
3. Recognize the
integrity, health, and safety of the crematory authority personnel operating
the crematory and;
4. Be secure
from access by the general public.
33. Human Remains- The body of a deceased
person, or part of a body or limb that has been removed from a living person,
including the body, part of the body or limb, in any state of
decomposition.
34. In State- That
period when the body is in the funeral establishment or any other place, for
the purpose of a wake, visitation, or viewing whether the casket or receptacle
is open or closed and whether the wake, visitation, or viewing is public or
private.
35. Interment Receptacle-
An enclosure into which the casket is placed.
36. Manager- A person who oversees the day to
day operations of a licensed funeral establishment. The manager is ultimately
responsible for everything that takes place in and around the funeral
establishment. The manager's responsibilities shall include supervising
apprentices, licensees, employees, and agents who work for the
establishment.
37. Memorial
Service- A gathering of persons for a program in recognition of a death without
the presence of the body of the deceased.
38. Mentor- a licensed funeral director
and/or embalmer who has been licensed for at least three (3) years, and who
also agrees to directly supervise an apprentice funeral director and/or
embalmer.
39. Mortuary Service
Establishment- A place or premise devoted to or used in the shelter, care,
custody, or preparation of the human dead, but not for the other purposes
identified in the definition of a Funeral Establishment, except at the request
of, and as the agent of, a licensed funeral establishment or its
representative.
40. Mortuary
Service Firm- A person, partnership, enterprise, corporation, or any other form
of organization which engages in providing shelter, care, custody, or
preparation of the human dead, or providing other services and/or funeral
merchandise at the request of, and as the agent of, a licensed funeral
establishment or its representative.
41. Niche- A compartment or cubicle for the
memorialization or permanent placement of an urn containing cremated
remains.
42. OSHA- As used in this
Rule, the acronym for the Occupational Safety and Health
Administration.
43. Scattering
Area- A designated area for the scattering of cremated remains.
44. Temporary Container- A a receptacle for
cremated remains, usually composed of cardboard, plastic, or similar material,
that can be closed in a manner that prevents the leakage or spillage of the
cremated remains, or the entrance of foreign material. A temporary container is
a single container of sufficient size designed to hold the cremated remains
until an urn or other permanent container is acquired, or until the cremated
remains are scattered or buried.
45. Transport Driver- A person employed by a
transport service firm for the purpose of driving vehicles that transport dead
human remains.
46. Transport
Service Firm- Any person, partnership, enterprise, corporation, association,
society, other legal entity, or other form of organization, that engages in
providing transportation of the human dead for hire.
47. Urn- A receptacle designed to permanently
encase cremated remains.
Section 4. Licensee in Charge of Funeral Directing, Embalming, and Cremating
A. Every funeral conducted
within the State of Arkansas must be under the personal supervision, direction,
and charge of a Type A funeral establishment and a licensed Arkansas funeral
director. To conduct a funeral shall require the direct personal supervision of
a licensed Arkansas funeral director until final disposition is completed. In
the case of earth interment and above ground entombment, the funeral director
shall be onsite supervising all matters until completion of the earth interment
or above ground entombment. In cases of earth interment, the funeral director
shall be present until the person who is responsible for closing the grave has
completed the process of closing the grave. When the authorizing agent has
contracted directly with the cemetery to carry out these procedures, regardless
of whether the cemetery is private, commercial, or governmental, the funeral
director shall be on site supervising all matters until the conclusion of the
funeral service only.
B. The
embalming of a dead human body shall only be performed by a licensed Arkansas
embalmer, an Arkansas registered embalmer apprentice, or a student currently
enrolled in an accredited mortuary college. All embalming requires the physical
presence and/or direct personal supervision of a licensed embalmer. Registered
embalmer apprentices s may do embalming procedures under the direct personal
supervision of a licensed embalmer.
Section 5. Licensee in Charge of All Care and Disposition of Human Dead
A.
Any person, partnership, enterprise, corporation or any other form of
organization holding himself, herself or itself out to be in the business of
the care and/or disposition of the human dead in this State shall be required
to hold valid licenses issued by the Board. The entity shall also comply with
the Rules of the Board pertaining to said care and disposition.
B. Any establishment that offers the online
sale of funeral or final disposition services in the State of Arkansas must
hold the required licenses issued by the Board. Establishments that offer
online sales of services shall have a physical location in the State of
Arkansas.
Section 6. Funeral Establishments
A. Four
types of funeral establishment licenses shall be issued by the Board. These
establishment licenses are:
1. Funeral
Establishment Type A-Full-Service Funeral Firm.
(a)
2. Funeral Establishment Type B-Mortuary Service Firm
(b) 3. Funeral Establishment Type C-Crematory
Authority
(c) 4. Funeral
Establishment Type D-Transport Service Firm
B. All establishment renewals are due and
payable on or before December 31st.
B. Funeral Establishment Type A- Full-Service
Funeral Firm
1. Applicants seeking Type A
licensure must meet the following minimum requirements:
a. The application shall be completed on
forms provided by the Board and accompanied by the required fees. Applications
are available on the Board's website, or they can be obtained by contacting the
Board's office;
b. The application
must be received by Board staff at least twenty (20) business days before the
Board's next regularly scheduled meeting;
c. The manager and owner of the establishment
shall appear at the Board meeting for discussion of the license
application;
d. The application
must be accompanied by proof of a minimum of one million dollars ($1,000,000)
of general liability insurance coverage;
e. The application must be accompanied by a
copy of the certificate of liability insurance;
f. The application must be accompanied by the
Embalmer/Mortuary Service Acceptance Form;
g. The application must be accompanied by the
Manager Acceptance Form; and
h. The
establishment shall be inspected by a representative of the Board prior to
initial licensure.
2.
The Board shall grant or deny each application for a funeral establishment
license Type A under the provisions of this section, after the application is
reviewed at the meeting in which the application was presented.
3. Each establishment Type A shall have at
least one (1) full-time licensed funeral director, who has been licensed for at
least five (5) years. The establishment shall employ licensed staff so that
services are competently provided to the public. No licensed funeral director
shall serve as the manager of more than one (1) funeral establishment. However,
it is permissible for a manager to serve as manager of two locations of the
same establishment, as long as the secondary location is a branch location of
the establishment which employs the manager. The manager shall reside within
fifty (50) miles of each location.
4. The name of the manager, embalmer, and/or
mortuary service, primary crematory authority used, and owner of each funeral
establishment shall be reported annually on forms provided by the
Board.
5. If the funeral director
serving as the manager of a funeral establishment shall cease serving as
manager, or leave the employment of the establishment for any reason, the
establishment shall notify the Board, on forms provided by the Board, of the
management change within three (3) business days, and of his or her successor
within fifteen (15) business days.
6. The manager of the funeral establishment
Type A shall be responsible for compliance with the following requirements:
a. All price lists, statements of funeral
goods and services, and any documents or publications including advertising,
shall be consistent with the name of each funeral establishment location on
file with the Board.
b. Type A
establishments shall maintain and make available for inspection, true and
accurate copies of the price lists for a minimum of one (1) calendar year after
the date of distribution to customers, as required by the Federal Trade
Commission ("FTC").
c. Every
licensed funeral director shall give the consumer a copy of the General Price
List as required by the FTC and pursuant to
16 C.F.R. §
453.2, prior to discussing any funeral
arrangements.
d. Every licensed
funeral director responsible for providing funeral services or arranging for
the delivery of any funeral merchandise, shall give or cause to be given to the
person(s) making such arrangements, a written, itemized and signed statement of
charges for the funeral merchandise and funeral services selected.
e. At the time of need, a written, itemized
and signed statement of charges shall be completed and given to the person(s)
making the at-need arrangements. The statement of charges shall be completed
prior to the rendering of the funeral services, or the providing of
merchandise. At a minimum, the statement shall contain the following:
(1) The name, signature, and license number
of the funeral director responsible for making the arrangements, or providing
the funeral merchandise;
(2) The
name and address of the licensed establishment in charge of providing the
merchandise or funeral services;
(3) The name, address, signature, and
relationship to the deceased, of the person making the at-need arrangements
(the relationship should be described as kinship or otherwise);
(4) The date of the signatures;
(5) The name of the deceased;
(6) The date of death;
(7) The price of the service(s) selected and
the price of any supplemental items;
(8) The price of the merchandise selected,
including a detailed description of the casket and outer burial container, if
so selected;
(9) The amount and
description of all cash advance items; and
(10) The method of payment.
7. The Type A
establishment shall be operated by a sole owner, a partnership, a limited
liability partnership, a limited partnership, a limited liability company, a
subsidiary of a corporation, or by a corporation chartered in the State of
Arkansas.
8. Each Type A
establishment which contains a preparation room shall meet the following
minimum requirements;
a. All embalming
performed therein must be performed by or under the direct personal supervision
of a licensed embalmer.
b.
Construction. The room must be constructed with such materials and finished in
such a way that the room and the contents thereof may be cleaned and
disinfected. The room must be of sufficient size and dimension to accommodate
an embalming table. The door to the room must contain a functional lock, to
prevent unauthorized entrance to the room. The room must also contain a
sanitary floor, walls, and ceiling, and adequate sanitary drainage and disposal
facilities, including hot and cold running water. The room must also comply
with the sanitary standards and disposal requirements as prescribed by the
Arkansas Department of Health and OSHA to prevent the spread of contagious,
infectious or communicable diseases. The room shall also include an instrument
table, cabinetry, and shelves, as necessary. Only equipment used in the
preparation of dead human bodies, shall be stored in the preparation
room.
c. Universal Precautions. In
handling and preparing dead human bodies for final disposition, any person who
comes in direct contact with an unembalmed dead human body or who enters a room
where dead human bodies are embalmed, shall use universal precautions and
otherwise exercise all reasonable precautions to minimize the risk of
transmitting any communicable disease from the body. All persons present in the
preparation and embalming room while a body is being prepared for final
disposition must be attired in accordance with all applicable state and federal
regulations regarding the control of infectious disease and workplace health
and safety.
d. Ventilation. The
preparation room shall be separately heated and cooled from the rest of the
establishment. The preparation room must be properly ventilated with a
ventilation system that provides for an adequate intake of fresh air. The
preparation room shall also provide an exhaust system with all fumes exiting to
the outside atmosphere. This ventilation system must provide adequate air
exchanges per hour to maintain adequate formaldehyde levels in accordance with
the OSHA Formaldehyde Standard found at
29
C.F.R. §
1910.1048. The construction
must be such that odors from the preparation room cannot enter the rest of the
establishment.
e. Preparation
procedures; access to the preparation room. The preparation of a dead human
body for final disposition shall be performed in privacy. No person shall be
permitted to be present in the preparation room while a dead human body is
being embalmed, washed, or otherwise prepared for final disposition, except:
(1) Licensed embalmers;
(2) Registered embalmer apprentices or
students;
(3) Public officials or
their representatives in the discharge of their official duties;
(4) Licensed medical personnel; and
(5) Employees of the funeral establishment,
whether licensed or not.
9. Type A establishments may work with family
and friends of the deceased to allow for their participation in washing and
dressing of the body in a private location. It is permissible to allow the
family into the preparation room for this limited purpose.
10. Refrigeration or embalming required. A
dead human body must be refrigerated, or packed in dry ice, or it must be
embalmed by a licensed embalmer or registered embalmer apprentice or a
practicum or clinical student, in the following circumstances:
a. If the body will be transported by public
transportation, provided the carrier allows the body to be packed in dry ice;
b. If final disposition will not
occur within twenty-four (24) to forty-eight (48) hours after death or release
of the body by a competent authority with jurisdiction over the body, or the
body will be lawfully stored for final disposition in the future;
c. If the body will be publicly
viewed;
d. If ordered by the
director of health for the control of infectious disease and the protection of
public health; and
e. If a body will
be released to a medical institution for lawful dissection and experimentation,
then it must be packed in dry ice if it is not possible to embalm the
body.
11. Equipment. The
preparation room shall contain sufficient supplies and equipment for normal
operation. Nothing in this subsection shall require embalming chemicals to be
stored in the preparation room. No excess equipment shall be stored in the
preparation room. The only items and equipment allowed to be maintained in the
preparation room are the items and equipment necessary for preparing dead human
bodies. There shall be storage shelves or cabinetry for all supplies,
instruments, and equipment.
12.
Visibility. All outside openings of the preparation room shall be covered such
that the coverings prohibit viewing the interior of the room from the
outside.
13. First call log. Each
location of a funeral establishment Type A shall maintain a log book on the
premises. The log book must be available at all times for inspection by the
Board. The log book shall list the name of each deceased person received at the
location, including the following:
a. Date and
time the remains were received;
b.
Any personal property that accompanied the remains;
c. The name and signature of the person
making the removal;
d. The name and
signature of the licensed embalmer who performed the embalming. Any registered
apprentice embalmer should also sign in cases where the apprentice assisted;
and
e. The name and signature of
the agent or employee of the receiving Type A
establishment.
14.
Identification. Each location of a funeral establishment Type A shall properly
attach to the body of the deceased, an identification tag to each deceased
received into the establishment. This identification tag must continuously
remain on the decedent until the completion of final disposition. Each deceased
must be identified by a family member either by viewing or by submission of a
photograph of the deceased.
15.
Embalmer's case report. Each funeral establishment Type A that conducts
embalming shall maintain an embalmer's case report for each case embalmed in
the establishment. The case report shall be signed by the licensed embalmer and
registered apprentice embalmer if such apprentice assisted. The case report
shall be maintained on file for each case and it shall become a part of the
death record.
16. Training. All
personnel of a funeral establishment Type A, who come in contact with a dead
human body, including making removals, transporting, cremating, embalming, and
any other preparation of the body, must comply with all required Arkansas
Department of Health and OSHA training, requirements, and standards.
17. Each funeral establishment Type A must
have at least three (3) adult size caskets, or nine (9) quarter cuts, or twelve
(12) 1/8 cuts, or a combination of both, and the caskets and/or cuts may be in
conjunction with electronic and photo presentation. For purposes of this
section, a casket selection room is not required to be a separate room for the
sole purpose of displaying caskets. In addition to the three (3) adult size
caskets, establishments may also have virtual display rooms, cut-outs, casket
catalogs, and any other forms of various displays. A branch establishment,
within forty (40) miles, without an area available for display, may use
electronic display only.
18. When
an establishment is sold or changes ownership, the establishment shall notify
the Board in writing, at least thirty (30) days prior to the sale or change of
ownership. In cases where the name of the establishment will not change, the
license then in force and effect shall be honored for the new owner, until that
license expires. If the new owner desires to change the name of the funeral
establishment prior to the license expiration, then the owner shall apply for a
license for the establishment to be issued in the new name.
19. When an establishment closes, the Board
shall be immediately notified in writing. The license in force at the time of
closure shall be returned to the Board office. within seven (7) days.
20. If an establishment license is revoked,
that license must be returned to the Board office within seven (7) days of
receipt of the Board's order revoking the license.
21. Renewal of all funeral establishment
licenses Type A must be made on or before December 31st of each year, and must
be accompanied by the annual renewal fee. Licenses not renewed by December 31st
of any year shall be considered delinquent and may be grounds for disciplinary
action by the Board. The Arkansas Department of Health will be notified to
decline death certificates filed by an establishment whose license has
expired.
22. Each funeral
establishment using an embalmer who is not employed by the establishment must
file with the Board, within thirty (30) days of the embalmer performing
embalming at the establishment, a notarized statement signed by the embalmer
stating that his or her services are available to the establishment at all
times and within a reasonable time after death occurs, not to exceed six (6)
hours. This statement shall be submitted on a form provided by the Board. The
funeral establishment shall obtain express permission prior to embalming, and
written permission before or after embalming.
23. Mobile homes, or mobile units, are
prohibited for use as a funeral establishment firm or as a branch thereof. No
mobile home or mobile unit shall be used in the performance of any function or
service of a funeral establishment firm or branch thereof, except in the case
of an emergency as prescribed by the Board. Mobile homes, modular units,
manufactured homes, and similar mobile units, may be used on a temporary basis
if approved by the Board, and the establishment may be granted a replacement
license if the Board deems appropriate.
24. The licensed funeral director, who
manages and supervises the funeral establishment, may hire such employees as
may be needed to assist the funeral director in providing the services of the
business of funeral directing. The manager is responsible for the supervision
of all work performed by the establishment's agents and employees. Disciplinary
action may be taken against a manager and funeral establishment because of the
acts of the establishment's agents or employees which violate the laws or the
Rules that govern the license.
25.
Each funeral establishment Type A shall maintain current registration and the
minimum insurance coverages on all its vehicles as required by the State of
Arkansas.
26. Each funeral
establishment Type A shall be required to carry a general business policy or a
general business liability policy of no less than one million dollars
($1,000,000). A certificate of coverage shall be provided to the Board at
initial licensure and upon each renewal of the insurance policy. When possible,
the board should be listed as a certificate holder. The Board should be
notified of each renewal and any cancellation for any reason.
27. A licensed funeral director or funeral
establishment may employ or use the services of non- licensed persons to sell
pre-need, pre-arranged or pre-financed funerals and/or funeral merchandise. A
licensed funeral director or funeral establishment will be held accountable for
the actions of all sales personnel. Such personnel are specifically prohibited
from engaging in the following actions:
a.
Making misrepresentations to potential purchasers of funeral service
merchandise;
b. Placing or causing
to be placed, false or misleading advertising; and
c. Making false statements about funeral
establishments, funeral directors, or embalmers not associated with the
establishment.
C. Funeral Establishments Type B- Mortuary
Service Firms
1. A mortuary service firm is an
agent of a Type A establishment and as such does not make arrangements with the
public. Applicants seeking Type B licensure must meet the following minimum
requirements:
a. The application shall be
completed on forms provided by the Board and be accompanied by the required
fees. Applications are available on the Board's website, or they can be
obtained by contacting the Board's office.
b. The application must be received by the
Board at least twenty (20) business days before the Board's next regularly
scheduled meeting.
c. The manager
and owner of the establishment shall appear at the Board meeting for discussion
of the license application.
d. The
application must be accompanied by proof of a minimum of one million dollars
($1,000,000) of general liability insurance coverage;
e. The application must state that the
mortuary service firm is under the management and supervision of a dually
licensed funeral director and embalmer who has been licensed as such for at
least five (5) years.
2.
The name of the manager of the mortuary service firm shall be reported annually
on forms provided by the Board.
3.
If the funeral director and embalmer serving as the manager of the mortuary
service firm shall no longer serve as manager or leave the employment of the
firm for any reason, the mortuary service firm shall notify the Board of the
management change within three (3) business days, and of his or her successor
within fifteen (15) business days. The notification shall be made on forms
provided by the Board.
4. All
embalming performed in the mortuary service firm's establishment must be
performed by or under the direct personal supervision of an Arkansas licensed
embalmer.
5. Each funeral
establishment Type B shall be operated by a sole owner, a partnership, a
limited liability partnership, a limited partnership, a limited liability
company, a subsidiary¥ of a corporation, or by a corporation chartered in
the State of Arkansas.
6. The
funeral establishment Type B shall be inspected by a representative of the
Board, prior to initial licensure.
7. Preparation Room
a. Construction. The room must be constructed
with such materials and finished in such a way that the room and the contents
thereof may be cleaned and disinfected. The room must be of sufficient size and
dimension to accommodate an embalming table. The door to the room must contain
a functional lock, prevent unauthorized entrance to the room. The room must
also contain a sanitary floor, walls, and ceiling, and adequate sanitary
drainage and disposal facilities, including hot and cold running water. The
room must also comply with the sanitary standards and disposal requirements as
prescribed by the Arkansas Department of Health and OSHA to prevent the spread
of contagious, infectious or communicable diseases. The room shall also include
an instrument table, cabinetry, and shelves, as necessary. The room shall not
have a passageway available for public use. Only equipment used in the
preparation of dead human bodies, shall be stored in the preparation
room.
b. Universal Precautions. In
handling and preparing dead human bodies for final disposition, any person who
comes in direct contact with an unembalmed dead human body or who enters a room
where dead human bodies are embalmed, shall use universal precautions and
otherwise exercise all reasonable precautions to minimize the risk of
transmitting any communicable disease from the body. All persons present in the
preparation and embalming room while a body is being prepared for final
disposition must be attired in accordance with all applicable state and federal
regulations regarding the control of infectious disease and workplace health
and safety.
c. Ventilation. The
preparation room shall be heated and cooled separately from the rest of the
establishment. The preparation room must be properly ventilated with a
ventilation system that provides for an adequate intake of fresh air. The
preparation room shall also provide an exhaust system with all fumes exiting to
the outside atmosphere. This ventilation system must provide adequate air
exchanges per hour to maintain adequate formaldehyde levels in accordance with
the OSHA Formaldehyde Standard found at
29
C.F.R. §
1910.1048. The construction
must be such that odors from the preparation room cannot enter the rest of the
establishment.
d. Preparation
Procedures, Access to Preparation Room. The preparation of a dead human body
for final disposition shall be performed in privacy. No person shall be
permitted to be present in the preparation room while a dead human body is
being embalmed, washed, or otherwise prepared for final disposition, except:
(1) Licensed embalmers;
(2) Registered apprentices or
students;
(3) Public officials or
their representatives, in the discharge of their official duties;
(4) Licensed medical personnel; and
(5) Employees of the establishment, whether
licensed or not.
a. Equipment. The preparation
room shall contain sufficient supplies and equipment for normal operation.
Nothing in this subsection shall require embalming chemicals to be stored in
the preparation room. No excess equipment shall be stored in the preparation
room. The only items and equipment allowed to be maintained in the preparation
room are those items and equipment necessary for preparing dead human bodies.
There shall be storage shelves or cabinetry for all supplies, instruments, and
equipment.
b. Visibility. All
outside openings of the preparation room shall be covered such that the
coverings prohibit viewing the interior of the room from the outside.
8. First
Call Log. Each location of a funeral establishment Type B shall maintain a log
book on the premises. The book must be available at all times for inspection by
the Board. The log book shall list the name of each deceased person received at
the location, including the following:
(a) The
date and time the remains were received;
(b) Any personal property that accompanied
the remains;
(c) The name and
signature of the person delivering the remains and the establishment or entity
they represent;
(d) The name and
signature of the agent or employee of the receiving establishment, and the name
of the establishment the remains are being released to; and
(e) The name and signature of the licensed
embalmer who performed the embalming. The registered apprentice embalmer should
also sign in cases where an apprentice assisted.
9. Embalmer's Case Report. Each funeral
establishment Type B shall maintain an embalmer's case report for each case
embalmed in the firm. The case report shall be signed by the licensed embalmer
and the registered embalmer apprentice if one assisted. The case report shall
be maintained on file for each case and shall become part of the death
record.
10. Training. All mortuary
service personnel who come in direct contact with a dead human body, including
making removals, transporting, embalming, and any other preparation of the
body, must comply with all required Arkansas Department of Health and OSHA
training, requirements, and standards.
11. When a mortuary service firm is sold or
changes ownership, the firm shall notify the Board in writing, at least thirty
(30) days prior to the sale or change of ownership. In cases where the name of
the firm will not change, the license then in force and effect shall be
honored, for the new owner, until that license expires. If the new owner
desires to change the name of the firm prior to the license expiration, then
the owner shall apply for a license for the firm to be issued in the new
name.
12. When a mortuary service
firm closes, the Board shall be notified, in writing, within seven (7) days of
the date of closure. The license in force at the time of closure shall be
returned to the Board office.
13.
If the mortuary service firm's license is revoked, that license must be
returned to the Board office within seven (7) days of receipt of the Board's
order revoking the license.
14.
Each funeral establishment Type B shall maintain the current registration and
minimum insurance coverages on all of its vehicles, as required by the State of
Arkansas.
15. Each funeral
establishment Type B is required to maintain a general business policy or a
general liability policy of no less than one million dollars
($1,000,000).
16. A certificate of
liability insurance shall be provided to the Board at the time of initial
licensure and upon each renewal of the insurance policy. When possible, the
Board should be listed as a certificate holder. The Board should also be
notified of each renewal and any cancellation for any reason.
17. The Board shall grant or deny each
application for a mortuary service firm under the provisions of this section
after the application is reviewed at the meeting in which it was presented. No
applicant may operate a mortuary service firm until a license has been issued
by the Board.
18. A mortuary
service firm license shall be issued under this section upon application and
after inspection of the firm. The applicant must have successfully passed
inspection prior to the application being discussed at the Board's next
regularly scheduled meeting.
19.
Renewal of all mortuary service firm licenses Type B must be made on or before
December 31st of each year and must be accompanied by the annual renewal
fee.
20. Licenses not renewed by
December 31st of any year shall be considered delinquent and may be grounds for
disciplinary action by the Board.
21. Each mortuary service firm using an
embalmer who is not employed by the mortuary service firm, must file with the
Board a notarized statement signed by the embalmer, stating that his or her
services are available to the firm at all times within a reasonable time after
death occurs, and not to exceed six (6) hours. Embalmers shall obtain express
permission prior to embalming, and written permission before or after
embalming.
22. Mobile homes or
mobile units are prohibited for use as a mortuary service firm or branch
thereof. No mobile home or mobile unit shall be used in the performance of any
function or service of a mortuary service firm or branch thereof, except in the
case of an emergency as prescribed by the Board. Mobile homes, modular units,
manufactured homes and similar mobile units may be used on a temporary basis if
approved by the Board, and the establishment may be granted a replacement
license if the Board deems appropriate.
23. The licensed funeral director and
embalmer who manages and supervises the mortuary service firm, may hire such
employees as may be needed to assist the manager in competently providing
services. Disciplinary action may be taken against a manager or a \mortuary
service firm because of the acts of their agents or employees which violate the
laws and Rules governing the licenses.
24. Except at the request of, and as the
agent of a licensed funeral establishment or its representative, a mortuary
service firm is prohibited from providing funeral services and funeral
merchandise, other than providing shelter, care, custody and preparation of the
human dead, or any type of services including direct disposition or the
practice for preparing of the human dead by embalming or other
methods.
25. A funeral
establishment Type B mortuary service firm shall not be required to have a
selection room or display any caskets.
D. Funeral Establishment Type C- Crematory
1. A crematory is an agent of a Type A
establishment and as such does not make arrangements with the public.
2. Any person doing business in this state,
or any cemetery, funeral establishment, corporation, partnership, joint
venture, voluntary organization or any other entity may erect, maintain and
operate a crematory in this state and provide the necessary appliances and
facilities for the cremation of human remains in accordance with the provisions
of this Rule.
3. No person shall
construct a new crematory or modify an existing structure into a crematory,
unless the person has obtained a crematory construction permit.
4. The requirements for obtaining a crematory
construction permit are as follows:
a. Notice
shall be published in a newspaper of general circulation in the county where
the crematorium is proposed to be constructed. The notice must include language
that states that the applicant intends to construct a crematorium at a
designated location. This notice may be submitted to Board staff prior to
publishing;
b. The notice shall be
published on the Sunday and Wednesday no more than fifteen (15) days nor less
than seven (7) days before submitting the application to the Board;
and
c. The person must invite
members of the public to submit written protest to the Board of the
construction of the proposed crematorium.
5. The application for the crematory
construction permit:
a. Shall be made in
writing on forms provided by the Board;
b. Be accompanied by the required crematory
construction permit application fee;
c. Be accompanied by proof of publication of
notice; and
d. Be accompanied by a
copy of the permit issued by the Arkansas Department of Environmental
Quality.
6. In the event
the Board receives written protest to the application for construction of a
crematorium, the Board shall:
a. Schedule a
public hearing on the application;
b. Direct the applicant to publish notice of
the hearing in a newspaper having general circulation within the county where
the crematorium is proposed to be constructed;
c. Direct the applicant to publish the notice
on the Sunday and the Wednesday no more than fifteen (15) days nor less than
seven (7) days before the hearing; and
d. Ensure the public hearing is held in the
city or county in which the proposed crematorium is to be located.
7. The Board may:
a. Require members of the public, prior to
the hearing, to notify the Board of their intent to comment publicly at the
hearing;
b. Require members of the
public who comment publicly at the hearing to sign in prior to the commencement
of the hearing;
c. Call upon public
commenters in the order in which they have signed in; and
d. Give each public commenter a finite number
of minutes in which to speak.
8. The board will review the public comments
given at the hearing at its next regularly scheduled meeting. The Board will
then make a determination as to whether to grant or deny the crematory
construction permit.
9. A crematory
may be constructed on or adjacent to any cemetery, on or adjacent to any
funeral establishment that is zoned commercial or industrial, or on any other
location consistent with local zoning regulations.
10. The Board may issue a temporary
certificate of authorization to operate a crematory to any applicant whose
application for a permit to construct a crematorium has been approved and whose
crematory has completed construction. Before the temporary certificate will be
issued, the following criteria shall be met:
a. The installed crematory has passed
inspection by a representative of the Board;
b. The first operation of the crematory was
successful; and
c. The first
operation of the crematory was witnessed by a representative of the
Board.
11. The temporary
certificate of authorization shall be valid for a period of up to ninety (90)
days or until the Board approves the Application for Crematory license (Type C)
at the first regularly scheduled Board meeting after the Board representative's
confirmation of successful installation and operation.
12. Application for licensure as a crematory
authority shall be on forms provided by the Board. Applications are available
from the Board's website, or they can be obtained by contacting the Board's
office. At a minimum, the requirements for application are as follows:
a. The application shall be in writing and
shall contain the name of the applicant, the address and location of the
crematory, a description of the type of structure and equipment to be used in
the operation of the crematory, proof of liability insurance in the amount of
one million dollars ($1,000,000), and any further information as the Board may
reasonably require;
b. The
application shall be submitted to the Board at least twenty (20) business days
before the next regularly scheduled Board meeting;
c. The owner of the establishment is required
to appear at the meeting for the discussion of the license
application;
d. After the temporary
certificate of authorization has been issued, initial operation of the
crematory shall not occur until the Board: has received the application for
licensure at least twenty (20) business days before the initial operation, has
examined the premises and structure, and has noted the retort to function
properly;
e. A license shall be
issued to the crematory authority if the Board determines that the applicant
meets all requirements of this Rule, that the retort operator has been trained
by the manufacturer, and after the Board's examination of the application and
inspection report;
f. All
advertisements shall be consistent with the name of each crematory location on
file with the Board; and
g. The air
quality control certificate shall be submitted with the application for
licensure, and upon renewal each year.
13. Each funeral establishment Type C shall
have a full time licensed funeral director to serve as manager.
14. When a crematory authority is sold or
changes ownership, the crematory authority shall notify the Board in writing,
at least thirty (30) days prior to the sale or change of ownership. In cases
where the name of the crematory authority will not change, the license then in
force and effect shall be honored, for the new owner, until that license
expires. If the new owner decides to change the name of the crematory authority
prior to the license expiration, then the owner shall apply for a license for
the crematory authority to be issued in the new name.
15. When a crematory authority closes, the
Board shall be notified, in writing, within seven (7) days of the date of
closure. The license in force at the time of closure shall be returned to the
Board office.
16. If a crematory
authority license is revoked, the license must be returned to the Board office
within seven (7) days of receipt of the Board's order revoking the
license.
17. No person, cemetery,
funeral establishment, corporation, partnership, joint venture, voluntary
organization or any other entity shall cremate any human remains except in a
crematory licensed for this express purpose and under the limitations provided
in this Rule.
18. No cremations of
the bodies of deceased persons shall be performed except by a crematory
authority holding a valid license issued by the Board.
19. Renewal of all funeral establishments
Type C must be made on or before December 31st of
each year, and the renewal form must be accompanied by the annual renewal fee.
Licenses not renewed by December 31st of any year
shall be considered delinquent and may be grounds for disciplinary action by
the Board. A certificate of coverage shall be provided to the Board upon
renewal of the license and upon each renewal of the insurance policy. When
possible, the Board should be listed as a certificate holder. The Board should
be notified of each renewal and cancellation for any reason.
20. Hospitals licensed by the Arkansas
Department of Health may operate a facility that incinerates surgical waste,
human body parts that have been surgically removed, or fetal remains with the
permission of the next of kin, without an additional license issued by the
Board and without the assistance of a licensed funeral establishment unless:
a. They are holding themselves out to the
public to be a licensed crematory authority;
b. They offer cremation services to the
public for the bodies of deceased persons except for the instance listed in
this subsection.
E. Crematory Authority- Cremation
Authorization and Record Keeping
1. Except as
otherwise provided in this section, a crematory authority shall not cremate
human remains until it has received:
a. A
cremation authorization form signed by an authorizing agent and which
identifies the funeral director arranging the cremation. The cremation
authorization form shall be provided by the crematory authority and shall
contain the following information:
(1) The
identity of the human remains. Permissible methods of identifying the remains
include: verifying the name on the hospital bracelet or anklet with the fact
sheet, verifying the name on the funeral home bracelet, a photo of the
deceased, confirmation of the deceased's identity by the authorizing agent,
proof of identity as submitted to the crematory authority directly by law
enforcement or by any other appropriate legal or governmental
authority;
(2) The name of the
authorizing agent and the relationship between the authorizing agent and the
deceased;
(3) Authorization for the
crematory authority to cremate the human remains;
(4) Cremation Final Disposition Rights Form,
or a representation that the authorizing agent is unaware of any objection to
the human remains being cremated by any person who has a right to control the
disposition of the human remains; and
(5) The name of the person authorized to
claim the remains from the crematory authority.
b. A completed and executed burial transit
permit or other disposition authorization signed by the authority having
jurisdiction to authorize final disposition of a dead human body, as provided
in the laws of the state or territory where death occurred, indicating that the
human remains are to be cremated;
c. A death certificate, fetal death
certificate, or other disposition authorization signed by the authority having
jurisdiction to authorize final disposition of a dead human body in the state,
territory, or country where death occurred; and
d. Any other documentation required by any county or
municipality.
2. If an
authorizing agent is not available to execute the cremation authorization form,
that person may delegate that authority to another person in writing, or, if
located outside of the area, by sending the crematory authority a written
communication that contains the name, address, and relationship of the sender
to the deceased, and the name and address of the individual to whom authority
is delegated, indemnifying the delegated individual and the crematory authority
from all liability concerning the cremation. Upon receipt of the written
communication, the crematory authority shall allow this individual to serve as
the authorizing agent and execute the cremation authorization form, and the
crematory authority shall be entitled to rely upon the cremation authorization
form.
3. A crematory authority may
accept an electronic copy of the cremation authorization form, including the
electronic signature of the authorizing agent.
4. A crematory authority shall maintain the
necessary records as set out in this Rule.
5. Upon receipt of the human remains, the
crematory authority shall furnish to the person who delivers such human
remains, a receipt signed by both the crematory authority and the person who
delivers the human remains showing:
a. The
date of delivery;
b. The name of
the person from whom the human remains were received and that person's
employer;
c. The name of the person
who received the human remains on behalf of the crematory authority;
d. The name and license number of the
crematory authority; and
e. The
name of the deceased.
6.
The crematory authority shall retain a copy of this receipt.
7. A crematory authority shall retain at its
place of business a record of each cremation which takes place at its facility,
which record shall contain the information provided for in Subsection E,
herein. The record of cremation shall also include the date that the cremation
and distribution or disposition by the crematory authority of the cremated
remains, occurred.
8. A crematory
authority shall not accept unidentified human remains. If the crematory
authority takes custody subsequent to the human remains being placed within a
cremation container, the crematory authority shall place appropriate
identification upon the exterior of the cremation container.
9. A crematory authority shall accept human
remains from the establishment that is responsible for making arrangements with
the next of kin or other authorized agent.
10. If the crematory authority accepts
non-human remains for cremation, those non-human remains shall be cremated only
in a cremation chamber or retort designed and manufactured for the cremation of
non-human remains. Human remains shall be cremated only in a cremation chamber
or retort designed and manufactured for the cremation of human remains. The
cremation chamber or retort for human remains should be clearly marked as such.
Likewise, the cremation chamber or retort for non-human remains should be
clearly marked as such. The Board has no regulatory authority over the
cremation of non-human remains except as otherwise provided in this
paragraph.
F. Cremation
Containers
1. The cremation authority shall
require that human remains be placed in a cremation container prior to
cremation unless the remains are already in a casket.
2. Except as provided in subsections 1 and 3,
no crematory authority shall make or enforce any rules requiring that human
remains be placed 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.
3. Human remains delivered to a crematory
shall not be removed from the cremation container and the 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.
4. Authorized crematory
authority personnel may open the cremation container for inspection of the
body.
G. Crematory
Retort Operator
1. Any person desiring to
become licensed as a crematory retort operator in this state shall be at least
eighteen (18) years of age and have received a high school diploma or a
Certificate of General Educational Development.
2. The applicant shall make written
application to the Board on forms provided by the Board. The application shall
be accompanied by the required fee.
3. The applicant shall also take and pass the
appropriate examinations as determined by the Board, and provide any additional
information required by the Board.
4. The license shall be granted to the
applicant if he or she possesses a knowledge of the operation of a crematory
retort and meets the qualifications for the licensing thereof.
5. At least thirty (30) days prior to the
operation of a crematory, any person intending to own or operate a crematory
shall apply for a crematory retort operator license by submitting an
application accompanied by the required fee.
6. All persons who operate the retort in a
crematory shall have received certification by one of the following:
a. Cremation Association of North America
(CANA);
b. The International
Cemetery, Cremation, and Funeral Association (ICCFA);
c. National Funeral Directors Association
(NFDA); or
d. Any other
certification approved by the Board.
7. Prior to operating a retort, the operator
shall become licensed. Every crematory retort operator shall obtain training
and a certificate of training by the retort manufacturer. A copy of the
certificate of training shall be submitted to the Board upon completion of the
training. A copy of the certificate shall also be maintained on site at the
crematory, and it shall be subject to inspection by the Board.
8. The certification for a retort operator
must be completed on site by the manufacturer or another licensed retort
operator.
9. On or before December
31st of the fifth (5th)
year following the most recent training, the retort operator shall obtain new
training and obtain a certificate stating completion as such. The new
certificate of training shall be submitted to the Board upon completion of the
training. A copy of the new certificate shall be maintained on site at the
crematory, and it shall be subject to inspection by the board.
10. Persons receiving training toward
certification to operate a retort shall be allowed to work under the
supervision of an operator who holds a certification and license. The length of
time the person receiving training can work under the supervision of an
operator shall not exceed six (6) months.
11. All persons applying for licensure must
submit OSHA bloodborne pathogen training with their initial
application.
12. Crematory
operation certifications must be posted in the crematory and available for
inspection at any time.
13. Any
employees of a crematory required to be certified under this section and
retained prior to the effective date of this Rule shall be certified within one
year of such effective date.
H. Cremation Procedures
1. In the event a death comes under the
authority of the coroner or medical examiner, the human remains shall not be
received by the crematory authority until authorization to cremate has been
received from the coroner of the county in which the death occurred or the
medical examiner. In the event the crematory authority is also authorized to
perform funerals as well as perform cremation, this restriction on the receipt
of human remains shall not be applicable, but cremation may not take place
until authorization by the coroner or medical examiner.
2. A crematory authority shall hold human
remains, prior to their cremation, according to the following provisions of
this subsection:
a. Whenever a crematory
authority is unable to cremate the human remains immediately upon taking
custody thereof, the crematory authority shall place the human remains in a
holding facility.
b. A crematory
authority shall not be required to accept for holding a cremation container
from which there is any evidence of leakage of the body fluids from the human
remains therein.
c. If human
remains received by the crematory authority are not embalmed, they shall be
held no longer than 24 hours unless within a refrigerated facility.
3. The unauthorized, simultaneous
cremation of the human remains of more than one person within the same
cremation chamber is forbidden, unless the crematory authority shall have
received specific written authorization to do so from all authorizing agents
for the human remains to be so cremated. Such written authorization shall
include an indemnification to exempt the crematory authority from all liability
for commingling of the product of the cremation process.
4. Immediately prior to being placed within
the cremation chamber, the identification of the human remains, as indicated on
the cremation container, shall be removed from the cremation container and
placed near the cremation chamber control panel where it shall remain in place
until the cremation process is complete.
5. Upon completion of the cremation, and
insofar as is possible; all of the recoverable residue of the cremation process
shall be removed from the cremation chamber. Insofar as possible, all residue
of the cremation process shall be separated from anything other than bone
fragments and then 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
authority.
6. Cremated remains
shall be packed according to the following provisions of this subsection:
a. The cremated remains with proper
identification, such as a disk tracking system, shall be placed in a temporary
container or urn. The temporary container or urn contents shall not be
contaminated with any other object, unless specific authorization has been
received from the authorizing agent or as provided in subsection 6.b of this
part.
b. The cremated remains with
proper identification shall be placed within the temporary container or urn
ordered by the authorizing agent.
c. If the cremated remains will not fit
within the dimensions of a temporary container or urn, the remainder of the
cremated remains shall be in a separate container.
d. When a temporary container(s) is used to
return the cremated remains, that container(s) shall be placed in a suitable
box and all box seams taped closed to increase the security and integrity of
that container(s). The outside of the container(s) shall be clearly identified
with the name of the deceased person whose cremated remains are contained
therein and the name of the cremation authority.
e. If the cremated remains are to be shipped,
the temporary container or designated receptacle ordered by the authorizing
agent shall be packed securely in a suitable, sturdy container and sealed
properly. Cremated remains shall be shipped only by a method which has an
internal tracking system available and which provides a receipt signed by the
person accepting delivery.
f. When
an authorizing agent has indicated a preference for cremation as the form of
final disposition, embalming or refrigeration shall not be required for a
forty-eight (48) hour period after death, unless a health problem dictates
otherwise.
I.
Disposition of Cremated Remains
1. The
authorizing agent shall be required to provide the person with whom cremation
arrangements are made, a signed statement specifying the disposition of the
cremated remains. A copy of this statement shall be retained by the crematory
authority.
2. The authorizing agent
is responsible for the disposition of the cremated remains. If, after a period
of ninety (90) days from the date of cremation, the authorizing agent or his or
her representative has not specified the ultimate disposition or claimed the
cremated remains, the disposition authority or the person in possession of the
cremated remains may dispose of the cremated remains in any manner permitted by
law. The authorizing agent shall be responsible for reimbursing the disposition
authority for all reasonable expenses incurred in disposing of the cremated
remains pursuant to this section. All records relating to such a disposition
shall be maintained by the person making such disposition. Examples of records
to be maintained include written documentation of the type of disposition and
any invoices or receipts for goods and/or services that were necessary to carry
out the disposition.
3. In addition
to disposing of cremated remains in a crypt, niche, grave or scattering garden
located in a dedicated cemetery, or by scattering over uninhabited public
lands, the sea or other public waterways, cremated remains may be disposed of
in any manner on the private property of a consenting owner, upon direction of
the authorizing agent. If cremated remains are to be disposed of on private
property, other than dedicated cemetery property, the authorizing agent shall
provide the disposition authority with the written consent of the property
owner.
Prior to scattering cremated remains, the remains must be reduced to a particle size of one-eighth (1/8) inch or less. A person may use a boat or an airplane to perform the scattering, and cremated remains shall be removed from their closed container before they are scattered.
4. Except with the express written
permission of the authorizing agent no person licensed by the Board shall:
a. Dispose of or scatter cremated remains in
such a manner or in such a location that the cremated remains are commingled
with those of another person. The provisions of this paragraph shall not apply
to the scattering of cremated remains at sea or by air from individual closed
containers or to the scattering of cremated remains in an area located in a
dedicated cemetery and used exclusively for such purposes; or
b. Place cremated remains of more than one
person in the same closed container. This paragraph shall not apply to placing
the cremated remains of members of the same family in a common closed container
designed for the cremated remains of more than one person.
5. Cremated remains shall be delivered by the
crematory authority to the individual specified by the authorizing agent on the
cremation authorization form. The representative of the crematory authority and
the individual receiving the cremated remains shall sign a receipt indicating
the name of the deceased, and the date, time and place of the receipt. The
crematory authority shall retain a copy of this receipt. After this delivery,
the cremated remains may be transported in any manner in this state, without
permit, and disposed of in accordance with the provisions of Arkansas law and
this Rule.
J. Crematory
Authority- Limitation of Liability
1. Each
cremation authorization form used by a crematory authority shall include
language that: authorizes it to proceed with the cremation and disposition of
the cremains; and indemnifications to exempt it from liability, when it has
performed as directed and in accordance with all applicable laws and this Rule.
Further, the following provisions apply:
a.
Any person signing a cremation authorization form shall be deemed to warrant
the truthfulness of any facts set forth in the form, including the identity of
the deceased whose remains are sought to be cremated and that person's
authority to order such cremation. Any person signing a cremation authorization
form shall be personally and individually liable for all damage occasioned
thereby and resulting therefrom.
b.
A crematory authority shall have authority to cremate human remains upon the
receipt of a cremation authorization form signed by an authorizing agent. There
shall be no liability for a crematory authority, disposition authority, or
other person or legal entity that cremates human remains pursuant to such
authorization, or that releases or disposes of the cremated remains pursuant to
such authorization.
c. A crematory
authority shall not be responsible or liable for any valuables delivered to the
crematory authority with human remains.
d. A crematory authority shall not be liable
for refusing to accept a body or to perform a cremation in dispute until it
receives a court order or other suitable confirmation that a dispute has been
settled if:
(1) It is aware of any dispute
concerning the cremation of human remains;
(2) It has a reasonable basis for questioning
any of the representations made by the authorizing agent; or
(3) For any other lawful reason.
e. If a crematory authority is
aware of any dispute concerning the release or disposition of the cremated
remains, the crematory authority may refuse to release the cremated remains
until the dispute has been resolved or the crematory authority has been
provided with a court order authorizing the release or disposition of the
cremated remains. A crematory authority shall not be liable for refusing to
release or dispose of cremated remains in accordance with this
subsection.
K. Administration
1. A crematory authority may implement
additional reasonable rules and regulations, consistent with applicable law and
this Rule, for the management and operation of a crematory. Nothing in this
provision shall prevent a crematory authority from implementing rules and
regulations which are more stringent than the provisions contained in this
Rule.
2. Violations of this rule
shall be punishable in accordance with all applicable law and rules pertaining
to crematory authorities. Any person doing business in this state, or any
cemetery, funeral establishment, corporation, partnership, joint venture,
voluntary or religious organization, or any other entity is prohibited from:
a. Maintenance or operation of a building or
structure within this state as a crematory without a license or in violation of
this rule of the Board or laws or rules of other applicable regulatory
bodies;
b. Holding oneself out to
the public as a crematory authority without being licensed under this rule, or
performing a cremation without a cremation authorization form signed by the
authorizing agent;
c. Signing a
cremation authorization form with the actual knowledge that the form contains
false or incorrect information;
d.
Performing a cremation in other than a licensed crematory authority; and
e. Violation of any other
provision of this rule.
3. Applicable penalties may be imposed by the
Board whether or not the violator holds a valid license issued to an
individual, funeral establishment, crematory authority, transport service, or
other entity.
L.
Pre-Need Cremation Arrangements
1. Cremation
arrangements that are made on a pre-need basis, between a consumer and a
funeral establishment, may specify the ultimate disposition of the cremated
remains, and that portion of the agreement shall be initialed by the individual
making the arrangements. If there are no additional or different instructions
provided to the crematory authority by the authorizing agent at the time of
death, then the crematory authority shall be authorized to release or dispose
of the cremated remains as stated in the pre-need agreement.
2. The contract or other written document
that memorializes the decedent's wishes with regard to final disposition, must
be executed in accordance with the provisions of the Arkansas Final Disposition
Rights Act, codified at Ark. Code Ann. §
20-17-102.
Those provisions require the signature of the person/declarant, and must be
witnessed by two (2) individuals. The person shall have the option of
designating the crematory authority. A copy of this form shall be retained by
the person and a copy sent to the crematory authority, if so designated. Any
person shall have the right to transfer or cancel this authorization at any
time prior to his or her death by providing written notice to all
parties.
3. At the time of such
person's death, any person in possession of an executed pre-need cremation
authorization form, and any person charged with making arrangements for the
final disposition of the deceased, who has knowledge of the existence of an
executed pre-need cremation authorization form, shall use his or her best
efforts to ensure that the deceased is cremated and disposed of according to
the instructions contained on the pre-need cremation authorization
form.
4. The provision of this
section shall only be applicable if the cremation authorization is executed in
accordance with Ark. Code Ann. §
20-17-102.
If not, then the authorized agent of the deceased shall have the right to
choose another form of final disposition at the time of the person's death,
unless such change is in conflict with Arkansas law.
M. Sanitation and Fire Safety
1. The crematory, cremation chamber, and all
related buildings and equipment shall be maintained in a clean and sanitary
manner. All equipment in and related to the crematory shall be maintained in
good condition according to the directions given by the manufacturer of the
equipment and the appropriate regulatory authorities.
2. Crematory authorities applying for
licensure shall construct their crematories in such a manner as to meet the
following minimum standards:
a. The floor of
the crematory shall be of concrete and not covered with a flammable
material;.
b. The walls and ceiling
of the crematory shall be of fireproof and/or fireretardant materials;
and
c. The crematory shall have
adequate ventilation and adequate entrances and exits for the protection of the
public and authority personnel.
3. No flammable material shall be stored
within five feet of the cremation chamber.
N. Miscellaneous Provisions Relating to
Crematory Authorities
1. License holders agree
that Board representatives have the right to inspect the crematory and the
records of the crematory authority at any time.
2. License holders shall also agree to hold
valid licenses issued by any other applicable regulatory agencies. Failure to
hold such other licenses or permits, when they are necessary to be held, shall
be considered a violation of this rule.
3. Personal items placed or caused to be
placed in the cremation container with the body of the deceased shall not be
removed by the crematory authority or its representatives. This provision does
not apply if the items could cause harm to the crematory or to the crematory
authority personnel during the cremation process.
4. Any items removed from the cremation
container shall be returned to the authorizing agent.
5. All cremations of human remains in this
state shall be arranged through the holder of a licensed funeral
establishment
6. Records required
by this rule of crematory authorities, disposition authorities, and other
parties shall be maintained in accordance with Section 22 of this
rule.
O. Funeral
Establishment Type D- Transport Service Firm
1. A transport service firm is an agent of a
Type A establishment, and as such, is prohibited from making arrangements with
the public.
2. No transport service
firm headquartered or having an office in the State of Arkansas shall operate
in this state without a valid license issued by this Board.
3. Application for licensure as a transport
service firm shall be made on forms provided by the Board.
4. A license for the operation of a transport
service may be issued by the Board if the Board finds:
a. That the firm is owned, managed, and
supervised by a person approved by the Board;
b. That the owner or manager of a transport
service firm has provided the Board with three (3) letters of reference, one of
which must be submitted by the manager of a funeral establishment licensed by
the Board;
c. That the owner or
manager of a transport service firm is at least twenty- one (21) years of
age;
d. That the application was
completed on forms provided by the Board and accompanied by the required
fees;
e. That the application was
received by the Board at least twenty (20) business days before the Board's
next regularly scheduled meeting;
5. The name of the owner or manager of a
transport service firm shall be reported annually to the Board.
6. Should the owner or manager of a transport
service firm leave the employment of the firm for any reason, the transport
service firm shall notify the Board of his or her leaving within ten (10)
business days and the name of the new manager within thirty (30) business days.
Any new manager shall meet all Board requirements for that position.
7. Any person employed by a transport service
firm as a driver is must be at least eighteen (18) years of age, hold a valid
driver's license issued by the State of Arkansas, and have an acceptable
driving record
8. Vehicles used by
the transport service firm must be suitable for the purpose for which they are
being used by the firm in the transport of the human dead. At a minimum:
a. Vehicles must be of adequate size and
interior space;
b. Vehicles used
may at no time transport more than the number of bodies they are designed to
accommodate;
c. Vision from the
outside of each transport vehicle into the area designed for transporting the
dead must be restricted by tinting, curtains, shades, or other suitable
means;
d. A passenger vehicle such
as a sedan may not be used except for transporting infants;
e. A pickup truck with camper shell cover may
only be used in extreme conditions caused by decomposition and odor or by
extreme weather conditions or terrain; and
f. All vehicles must be kept clean and
sanitary, and maintained in good and serviceable condition.
9. All transport service firms
shall carry liability insurance coverage of not less than five hundred thousand
dollars ($500,000.00) and commercial automobile liability insurance coverage of
not less than five hundred thousand dollars ($500,000). The policy shall
specifically indicate that the coverage is for the transport of the human dead.
Proof of general liability insurance and commercial automobile insurance shall
be provided to the Board prior to issuance of an original or renewal Type D
Establishment license.
10. When a
transport service firm is sold or changes ownership, the firm shall notify the
Board, in writing, at least thirty (30) days prior to the sale or change of
ownership. In cases where the name of the firm will not change, the license in
effect shall be honored for the new owner until that license expires. If the
new owner desires to change the name of the transport service firm prior to
license expiration, then the owner shall apply for a license for the firm to be
issued in the new name.
11. When a
transport service firm is closed, the Board shall be immediately notified of
the closing in writing, and the license in force at the time of closure shall
be returned to the Board office within seven (7) days.
12. If a transport service firm license is
revoked, that license shall be returned to the Board office within seven (7)
days of receipt of the Board's order revoking the license.
13. If all requirements are met, the Board
shall grant each application for the licensure of a transport service firm at
the meeting at which the license application was discussed. No applicant may
operate a transport service firm until notification from the Board that a
license has been issued.
14.
Transport service firm licenses and renewal licenses shall be issued under this
section upon application, receipt of proof of required insurance, and after
approval of the Board. All transport licenses must be renewed on or before
December 31st.
15. An application
fee shall accompany each application for licensure.
16. Renewal of all transport service firm
licenses must be made on or before December 31st of each year, and must be
accompanied by the annual renewal fee.
17. Licenses not renewed by December 31st of
any year shall be considered delinquent and may be grounds for disciplinary
action by the Board.
18. The owner
or manager of a transport service firm may hire such employees so that services
are competently provided. The manger is responsible for the supervision and
performance of his or her employees and agents in the course of providing the
services of a transport service firm. Disciplinary action may be brought
against the firm and its owner and/or manager because of the acts or omissions
of the firm's employees and agents which violate any applicable law or the
rules of the Board.
19. A transport
service firm may only act at the request of, and as the agent of, a licensed
funeral establishment or its representative.
20. A transport service firm is prohibited
from providing shelter, care, or custody of the human dead except as provided
by law and in this rule. This does not prohibit a licensed funeral director or
embalmer from acting as an agent and at the request of a licensed funeral
establishment or its representative from providing those services.
21. Holders of funeral establishment licenses
issued by the Board are exempt from any requirement to hold a separate
transport service firm license.
22.
The dignity of the deceased person shall be respected at all times by the
transport service firm and its personnel.
23. Acceptance of a license issued by the
Board gives a Board and its representatives the right to inspect the office of
the transport service firm, its vehicles, and the records of the firm at any
time.
24. License holders shall
also hold valid licenses issued by any other applicable regulatory agencies.
Failure to hold such other licenses or permits, when necessary, shall be
considered a violation of this rule.
25. When acting as an agent of a funeral
establishment, or in the course of their normal business, ambulance companies
and licensed common carriers, such asairlines, freight companies, and
railroads, may transport the bodies of the human dead in and through this state
without a transport service firm license issued by the Board.
Section 7. Apprenticeship
A. Any person desiring
to apprentice in the science of embalming in this state shall be eighteen (18)
years of age, have graduated from an accredited high school or have been issued
a certificate of equivalency issued by the public school system, the military
service, or an accredited college or university. He or she shall serve one (1)
year in an Arkansas licensed establishment under an embalmer licensed by this
Board, and shall assist in the preparation of at least fifty (50) bodies. This
apprenticeship shall be registered with the Board, on applications provided by
the Board, and individual case reports must be signed by both the apprentice
and the licensed embalmer under whose supervision the work was done, and filed
with the Board by the 10th day of the following month. The apprentice must
enroll in mortuary school within one year of beginning the apprenticeship.
Failure to do so will result in the termination of the apprenticeship for a
period of ninety (90) days, or upon the enrollment in mortuary school,
whichever period is shorter. If the apprentice is a graduate of a school of
embalmers, then proof of such graduation and the requirements therefor may be
substituted for six (6) of the eighteen (18) months of the apprenticeship,
provided the school is accredited by the American Board of Funeral Service
Education or approved by the Board.
B. Any person desiring to apprentice in the
business of funeral directing in this state shall be eighteen (18) years of
age, have graduated from an accredited high school or have been issued a
certificate of equivalency issued by the public school system, the military
service, or an accredited college or university. He or she shall serve eighteen
(18) months in an Arkansas licensed establishment under a funeral director
licensed by this Board, and shall actively assist in the arranging and
conducting of fifty (50) services. This apprenticeship shall be registered with
the Board, on forms provided by the Board, and individual case reports must be
signed by both the apprentice and the licensed funeral director under whose
supervision the work was done, and filed with the Board by the 10th day of the
following month. If any person is a graduate of an accredited school of
mortuary science and has passed the National Conference Exam, that person shall
be required to serve only one (1) year as an apprentice funeral director. Any
person serving a funeral director apprenticeship must obtain at least six (6)
hours of classroom instruction during the apprenticeship. These hours must be
attained in the subject matters of funeral service practices and ethics, laws,
and rules affecting funeral service. The continuing education courses shall be
taken from a provider approved by the Board and cover instruction in funeral
service practices and ethics, laws, and rules affecting funeral
service.
C. Any person desiring to
register as an apprentice either in the science of embalming or the business of
funeral directing must submit the following documents:
1. A completed application for Apprentice
Funeral Director or Apprentice Embalmer, or both if the applicant wishes to
apply for dual apprenticeship;
2.
The required fee(s);
3. A copy of
his or her high school diploma, certified transcript with proof of graduation,
certificate of equivalency issued by the public school system or military, or
an accredited college or university diploma, or official transcript with proof
of graduation;
4. Completed
statement of apprenticeship form;
5. A recent color photograph or photo
identification; and
6. The forms
and fees necessary for the Board to conduct a State Police background
check.
D. All funeral
director and embalmer case reports must be filed in the Board's office no later
than the 10th of the month following the month in which the work was actually
performed. Incomplete case reports will not be accepted, and as such, they will
be returned to the apprentice.
E.
Any person who is registered as an apprentice embalmer and/or funeral director
in the State of Arkansas is required to complete this apprenticeship within
three (3) years of the date of registration. If not completed within three (3)
years, the apprentice may re-register for a second three (3) years. In cases
where the apprenticeship is not completed in three (3) years, the apprentice
will be notified that he or she has ninety (90) calendar days to re-register.
If the apprentice fails to re-register within ninety (90) calendar days from
the date of notification, then upon any delinquent re-registration, the
apprentice must start the apprenticeship from the beginning, to include case
reports. If the apprenticeship is not completed within six (6) years of the
date of original registration, he or she shall not be eligible to register as
an apprentice for ninety (90) calendar days. After this ninety (90) day period,
a person may register as an apprentice and begin the process from the
beginning, including case reports.
F. All apprentice funeral directors shall
submit fifty (50) case reports during the term of apprenticeship. The case
reports must document that each of the following responsibilities was
performed:
1. Either make the arrangements or
observe the arrangements being made with the family, including the selection of
merchandise;
2. Make the church
set-up and organize how family and friends are to be directed;
3. Direct family, or assist in doing so, at
the funeral and cemetery service, and dismiss family and friends at the
conclusion of the service;
4. Be in
charge of the movement of the casket and instruct the pallbearers;
5. Organize the funeral procession, and
determine where and how parking is to be done, either chapel or church, or any
other place;
6. Arrange
flowers;
7. Direct movement of
people when viewing remains, at either chapel, church or any other
place;
8. Organize "Order of
Service" with minister and musicians;
9. Prepare notice of service and/or
obituary;
10. Order copy or copies
of death certificates;
11. Prepare
funeral service programs and/or video life tributes;
12. When appropriate, coordinate veteran
arrangements such as flag, honor guard, marker, etc.;
13. Process file documentation, such as
information sheet, insurance assignment(s), and final billing
statement;
14. File claim on
assigned insurance and/or annuity policies, and social security benefits;
and
15. Make removals.
G. Any person desiring to
apprentice in the business of funeral directing and or embalming with more than
one firm, may do so by completing the applicable apprenticeship form(s),
statement of apprenticeship form, and register with the Board office. There are
no additional fees for adding an additional location.
H. Any person registered as an apprentice who
desires to add additional licensees/supervisors, may do so by having those
licensees send a signed, notarized statement to the Board office indicating
their willingness to serve as a supervisor.
I. Any person registered as an apprentice who
desires to leave a registered location for a new location, must register the
new location with the Board before starting that apprenticeship.
J. The funeral establishment shall be
responsible for notifying the Board in writing if an apprentice leaves the
employment of the establishment, or is terminated from his or her
apprenticeship duties at each location he or she might serve.
Section 8. Qualifications of Applicants for Examination
A. Any
person desiring to be examined in the science of embalming in the State of
Arkansas must meet the requirements set forth for taking the National
Conference Exam. Prior to taking the Arkansas Laws, Rules, and Regulations Exam
("ARLRR"), embalmer applicants must have either: graduated from an accredited
school of mortuary science or completed his or her case reports.
B. Any person desiring to be examined in the
business of funeral directing within the State of Arkansas must have either:
graduated from an accredited school of mortuary science or completed his or her
case reports.
Section 9. Examinations/Licensure
A. Regular
examinations shall be held at the discretion of the Board. Applicants for the
examination shall be registered as either an apprentice embalmer or an
apprentice funeral director, or both. If the applicant does not pass the
examination during either the first three-year apprentice period or the second
three-year apprenticeship period (if needed), then the applicant shall not be
able to re-register as an apprentice for at least ninety (90) calendar days
after the expiration of the second three-year apprenticeship period. If the
applicant does not successfully pass the examination during a first, second,
third, or fourth three-year apprenticeship period, then the applicant must
register for another apprenticeship before he or she is eligible to take the
examination.
B. Applicants for
embalmer licenses shall take and pass both parts of the National Conference
Exam and the ARLRR.
C. Applicants
for a funeral director license shall be given a written examination on
information contained in the Arkansas Laws, Rules and Regulations Manual and
any other such subjects the Board deems necessary.
D. Applicants for a funeral director license
shall be required to score a minimum of 75 percent on the ARLRR to successfully
pass that examination. Once the applicant passes the examination and obtains
six (6) hours of continuing education, he or she shall be entitled to receive,
from the Board, a license to practice the business of funeral directing,
provided all the other requirements have been met. If the applicant needs to
take the examination more than once in order to receive a passing score, the
examination may be taken once every thirty (30) days.
E. Applicants for an embalmer license shall
be required to score a minimum of 75 percent on both parts of the National
Conference Exam and a minimum of 75 percent on the ARLRR. Upon passing the
examinations, the applicant shall be entitled to receive, from the Board, a
license to practice the science of embalming, provided all the other
requirements have been met. If the applicant needs to take the examination more
than once in order to receive a passing score, the examination may be taken
once every thirty (30) days.
F. All
questions used on the ARLRR are the property of the Board.
G. An applicant may qualify to take the ARLRR
at the completion of eighteen (18) months of his or her
apprenticeship.
H. Graduates of an
accredited mortuary school shall be immediately eligible to take the
ARLRR.
I. Individuals who have
successfully completed a funeral director and/or embalmer apprenticeship, who
wish to become licensed as such, must apply for the license by submitting the
forms and fee(s) required by the Board.
Section 10. Requirements for Reciprocal Licenses
A. Any person holding a valid,
license as an embalmer, funeral director, or crematory retort operator in
another state, U.S. Territory, or Provincial Authority, may apply for a license
to practice in this state as an embalmer, funeral director, or crematory retort
operator, if the person seeking reciprocity meets all the requirements for
licensure in this state:
1. The person must
demonstrate that he or she holds an embalmer, funeral director, or crematory
retort operator or similar license(s) in another state, territory, or district
of the United States in good standing, and has not had his or her license
revoked for an act of bad faith or a violation of law, rule or
ethics;
2. The person must not hold
a suspended or probationary occupational license in any state, territory, or
district of the United States;
3.
The person must be qualified in his or her field; and
4. The person must pay the required
fee.
B. Application
shall be made by filing with the Board, a certified statement completed by the
examining Board of the state, U.S. Territory or Provincial Authority in which
the applicant holds his or her license, that shows the basis upon which the
license was issued. It is the applicant's responsibility to request from the
other state, U.S. Territory or Provincial Authority where he or she holds a
valid license, to complete the Certification of Licensure form provided by the
Board.
C. Upon receipt of the
application, the Board may issue a temporary working number, which is valid for
one year from the date of issuance.
D. To obtain a license, the applicant shall
pass an exam to prove his or her proficiency, including at least, but not
limited to, a minimum knowledge of the laws, and rules of this state pertaining
to funeral service. The exam may be taken at one of the regularly scheduled
exam sessions set by the Board. The exam may be taken once every thirty (30)
days.
E. If the Board is satisfied
with the proficiency of the applicant, upon receipt of the required fees, a
license may be granted.
F.
Individuals who hold a license in another state, territory or district of the
United States that does not offer reciprocity similar to reciprocity in
Arkansas, will be required to successfully pass the ARLRR.
G. Automatic Licensure for Military Service
Members, Veterans, and Spouses
1. As used in
this subsection:
a. "automatic occupational
licensure" means the granting of an embalmer's license, a funeral director's
license, a crematory retort operator's license, an apprentice embalmer, or an
apprentice funeral director without the individual's having met occupational
licensure requirements provided under Title 17 of the Arkansas Code or by these
Rules.
b. "occupational licensure"
means a license, permit, or registration that is required for an individual to
engage in apprenticeship, embalming, funeral directing, or operating a
crematory retort.
c. "returning
military veteran" means a former member of the United States Armed Forces who
was discharged from active duty under the circumstances other than
dishonorable.
d. "uniformed service
member" means:
(1) an active or reserve
component member of the United States Air Force, United States Army, United
States Coast Guard, United States Marine Corps, United States Navy, United
States Space Force, or National Guard;
(2) An active component member of the
National Oceanic and Atmospheric Commissioned Officer Corps; or
(3) An active or reserve component member of
the United States Commissioned Corps of the Public Health Service.
e. "uniformed service veteran"
means a former member of the United States uniformed services discharged under
conditions other than dishonorable.
2. The Board shall grant automatic
occupational licensure to any the following individuals:
a. A uniformed service member stationed in
the State of Arkansas;
b. A
uniformed service veteran who resides in or establishes residency in the State
of Arkansas;
c. The spouse of a
uniformed service member stationed in the State of Arkansas;
d. The spouse of a uniformed service veteran
who resides in or establishes residency in the State of Arkansas;
e. The spouse of a uniformed service member
who is assigned a tour of duty that excludes the uniformed service member's
spouse from accompanying the uniformed serviced member and the spouse relocates
to this state; and
f. The spouse of
a uniformed service member who is killed or succumbs to his or her injuries or
illness in the line of duty if the spouse establishes residency in the
state.
3. The Board
shall grant automatic occupational licensure to any individual listed in
Subsection 4, above, and is the holder in good standing of occupational
licensure with similar scope of practice issued by another state, territory, or
district of the United States.
4.
The Board shall accept relevant and applicable uniformed service education,
training, or service-issued credential toward occupational licensure
qualifications or requirements when considering an application for initial
licensure of an individual who is a uniformed service member or a uniformed
service veteran who makes an application within one (1) year of his or her
discharge from uniformed service.
5. The Board shall extend the expiration date
of any license, permit, or registration issued for a deployed service member or
his or her spouse for one hundred eighty (180) days following the date of the
uniformed service member's return from deployment.
6. The Board shall allow for a full exemption
from continuing education requirements for any individual listed in Subsection
7, until one hundred eighty (180) days following the date of the uniformed
service member's return from deployment.
7. In order to allow for full exemption of
continuing education, the Board may require evidence of completion of
continuing education before granting a subsequent licensure or authorizing the
renewal of the license, permit, or registration.
Section 11. License Renewals and Reinstatements
A. License renewals
and reinstatements shall be made on forms provided by the Board.
B. All embalmer, funeral director, and
crematory retort licenses issued by this Board shall expire on December 31st of
each year, and they must be renewed on or before December 31st. Failure to
renew timely will require the licensee to pay delinquency fees as provided in
this Rule.
C. All establishment
licenses expire on December 31st of each year, and they must be renewed on or
before December 31st. Failure to renew timely will require the licensee to pay
delinquency fees as provided in this Rule.
D. Renewal fees, must accompany each
application for renewal.
E. Every
licensed embalmer and/or funeral director who is actively engaged in the
practice of embalming and/or funeral directing in Arkansas shall report at
least 6 hours of approved continuing education on the renewal form.
F. Failure to receive the renewal notice
shall not relieve any licensee of the duty to timely renew the license or to
pay the renewal fee or any delinquent fees as prescribed.
G. Renewals and Delinquent Fees
1. All embalmer, funeral director, and
crematory retort operator license renewals received after December 31st of each
year are considered delinquent, and licensees are not allowed to practice the
science of embalming, or to engage in the business of funeral directing, or the
operating of a crematory retort, until a renewal card has been issued for the
current year. A delinquent fee as prescribed by the Board for each three (3)
months, or fraction thereof, with a maximum of twelve (12) months, must be
remitted with a reinstatement fee equal to one (1) year of delinquent
fees.
2. Any person whose license
has been delinquent for at least thirteen (13) months may apply for
reinstatement upon submission of the appropriate forms and fees.
3. Any person who held a license which has
lapsed three (3) or more years past, must appear before the Board at a regular
meeting to seek reinstatement.
4.
All Establishment license renewals received after December
31st of each year are considered delinquent, and
establishments shall cease operating until the license is renewed. A per month
delinquent fee will be due and owing for each month the license is
delinquent.
5. Reinstatement. Any
individual who seeks to reinstate a license issued by this Board shall submit
an application to reinstate, along with the reinstatement fee, and shall meet
the following requirements:
b. Was previously
licensed by the Board;
c. Held his
or her license or registration in good standing at the time of licensing or
registration;
d. Did not have his
or her license or registration revoked for an act of bad faith or a violation
of a law or rule;
e. Is not
currently holding a suspended or probationary license, registration, permit, or
certification in any other state;
f. Is sufficiently competent. Competency may
be shown by proficiency testing, letters of recommendation, or both;
g. Is able to successfully complete a
criminal background check; and
h.
Has successfully completed at least six (6) hours of continuing
education.
6.
Reinstatement Fee. In order to reinstate an embalmer, funeral director, or
crematory retort operator license which has been expired for thirteen (13)
months or longer, the licensee shall pay a reinstatement fee of $100.00 per
license, in addition to the renewal fee for each license being
reinstated.
H. Inactive
Status. Funeral directors and embalmers who wish to renew as inactive must
notify the Board before December 31st of the year
before the year they wish to convert to inactive status, on a form provided by
the Board, and accompanied by the required fee. The licensee shall be required
to remain inactive for a period of one year. Nonetheless, if the licensee
wishes to become active during the one-year period, then he or she must notify
the Board as such and submit the required forms, including proof of six (6)
hours of continuing education.
Section 12. Duplicate Embalmer, Funeral Director, Crematory Retort Operator, and Funeral Establishment Licenses
Any licensee may request a duplicate license. The request shall be accompanied by the required fee. The fee shall be paid for each duplicate embalmer, funeral director, crematory retort operator, or establishment license issued. Each duplicate license will clearly state that it is a duplicate license, and it will state the license number and expiration date.
Section 13. Fees
|
Embalmer License Renewal................ |
$30.00 |
|
Funeral Director License Renewal.............. |
$30.00 |
|
Crematory Retort Operator License Renewal......... |
$30.00 |
|
Establishment License Renewal ( Type A B, and C)....... |
$150.00 |
|
Crematory Construction Permit............... |
$25.00 |
|
Type D Transport Service Firm License Renewal........ |
$50.00 |
|
Apprentice Embalmer Application.............. |
$50.00 |
|
Apprentice Funeral Director Application............................. |
$50.00 |
|
Establishment License Application (Type A, B, C, or D) ............. |
$50.00 |
|
Crematory Retort Operator Application................... |
$50.00 |
|
Reciprocal Application (Embalmer, Funeral Director, or Crematory Retort Operator). |
$150.00 |
|
Examination Fee (Embalmer or Funeral Director)............... |
$100.00 |
|
Delinquent Fee (Embalmer, Funeral Director, or Crematory Retort Operator) per quarter per license ................................................................................................................ |
$50.00 |
|
Reinstatement Fee (Embalmer, Funeral Director, or Crematory Retort Operator)....... |
$100.00 |
|
Delinquent Fee (Establishment) A, B, C or D per quarter................... |
$450.00 |
|
Original License (Embalmer, Funeral Director, or Crematory Retort Operator)... |
$10.00 |
|
Original License (Establishment) Type A, B, C, or D............... |
$35.00 |
|
Duplicate License (Embalmer, Funeral Director, or Crematory Retort Operator) .. |
$20.00 |
|
Duplicate License (Establishment) Type A, B C, or D............... |
$20.00 |
|
Continuing Education Application Fee................... |
$100.00 |
|
Initial Inspection Fee.......................... |
$250.00 |
|
Re-Inspection Fee........................... |
$100.00 |
|
Inspection Penalty Fees..............range between |
$100.00 and $700.00 |
Section 14. Lifetime Licenses
The Board shall waive the renewal fee for any funeral director, embalmer, or crematory retort operator whose license has been in force and effect for fifty (50) years or more. On the fiftieth (50th) anniversary of that license, a Lifetime License may be issued by the Board, provided the licensee is in good standing. Any licensee who has been licensed for fifty (50) years or more is eligible for a Lifetime License.
Section 15. Sales Practices
A. All funeral merchandise shall have a
visible price card. The price card shall clearly state what merchandise and
whether any services are included in the quoted price.
B. Every funeral firm and/or funeral director
in this state shall give, or cause to be given, to the person or persons making
funeral arrangements, or arranging for the disposition of a dead human body, at
the time such arrangements are completed, and prior to the time of rendering
the service, and/or providing the merchandise, a written statement to the
extent then known, which includes the following:
1. The price of the service that the person
or persons have selected and what is included therein;
2. The price of each of the supplemental
items of service and/or merchandise requested;
3. The amount involved for each of the items
for which the firm will advance monies as an accommodation to the family;
and
4. The method of
payment.
C. No funeral
firm shall bill or cause to be billed any item that is referred to as a "Cash
Advance or Cash Accommodation" item unless the net amount paid for such item or
items by the funeral firm is the same as it is billed by the funeral
firm.
D. Every funeral firm and/or
funeral director or embalmer in the State of Arkansas shall comply with these
and all other requirements of the Federal Trade Commission (FTC) as they apply
to funeral service.
Section 16. Funeral Service Practices
A. Prior to the removal of any body from the
place of death, authorization shall be obtained from the authorizing agent who
will be responsible for the post death arrangements. The authorization may be
obtained verbally, either in person or over the phone, or in writing. However,
removal may be made without authorization where human dignity or the avoidance
of a public nuisance requires. Such removal without authorization shall be made
only pending required authorization from the authorizing agent, in cases when
authorization can be obtained. If the funeral firm which has custody of the
remains is not the one selected to provide funeral services, then such firm
shall release the body to the funeral firm selected by the authorizing agent(s)
as soon as possible, but no later than three (3) business days. The funeral
establishment that performs the removal and the funeral establishment that
receives the body shall each maintain a release form signed by the authorizing
agent. The receiving funeral firm shall be responsible for the costs of
services provided by the funeral firm that made removal. The cost of the
provided services shall not exceed the prices for those services as listed on
the removing funeral firm's General Price List. Payment of those costs shall be
payable at the time of removal. If the initial removal was at the request of a
public official, costs incurred in the removal, shelter, and temporary care of
the body shall be paid by such public officials.
B. When a funeral establishment has proper
custody of a body, its personnel shall not proceed with any embalming
procedures, when there is any indication that embalming is not desired;
provided, however, that washing and other public health procedures such as the
closing of the orifices by placing cotton soaked in a disinfectant in such
orifices until such authorization is received or refused, shall not be
precluded. Further, if authorization cannot be obtained or denied from the
authorizing agent within a reasonable time, then preparation of the remains by
the normal and usual method of embalming, for purpose of preservation and
viewing, will be assumed to be granted.
C. The personnel of a funeral establishment
whose services are desired shall make every reasonable attempt to fulfill the
needs and desires of the deceased and/or the authorizing agent, both as to
service and merchandise. A full disclosure of all the establishment's available
services and merchandise shall be made to the authorizing agent prior to
selection of the merchandise and services.
D. 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, is
prohibited.
E. Any statements made
of legal requirements shall be complete and factual, as shall any statements as
to the conditions under which embalming is required or advisable.
Representations as to the use of a casket or other receptacle and the
necessity, if any, of an interment receptacle in connection with a funeral or
an alternative thereto, or for final disposition, shall be truthful and shall
disclose all legal and/or cemetery interment requirements.
F. Prior to the delivery of the body, the
establishment personnel shall explain, to the authorizing agent, next of kin,
or whomever is responsible for post-death arrangements, when such explanation
is desired, the components of the prices for alternatives to a funeral service.
Alternatives may include, but are not limited to, a memorial service, a
graveside service, direct disposition, or body donation without any rites or
ceremonies. The personnel shall explain the price, if any, of returning any
residue or remains following body donation if that option is chosen.
G. Each funeral establishment which has a
casket selection room shall have a card or brochure in each casket therein
setting forth the price of the service using said casket and listing the
services and other merchandise included in the price, if any. Where there are
separate prices for the casket and/or services, and/or for the use of
facilities and/or equipment, such card should indicate the price of the casket
and of the items separately priced. The price of the casket only may be
displayed on such card in the casket, if all other separately priced items are
provided in writing prior to the selection of the casket; provided, however,
that such price be accompanied by language that the price quoted is for the
casket only.
H. Funeral service
firms are required to make reasonable adjustments in their price when less than
the quoted offering is utilized.
I.
When the services of two funeral firms are necessary, the funeral firm engaged
at the place of death (the removing firm) shall charge only for the
professional services, facilities and merchandise provided, and a
representative thereof shall so notify the receiving funeral firm. The
receiving funeral firm shall charge only for the professional services,
facilities and merchandise provided by it. There shall be a duplication of
charges by the removing and receiving funeral firms only when there is a
duplication of professional services, facilities or merchandise pursuant to the
request of the authorizing agent.
J. Every funeral firm shall have available to
the public before and at the time of need, factual information about immediate
post death activities, including funeral prices, alternative types of services
and their prices. Such information shall include the functions, services and
responsibilities of the funeral service firm.
K. Establishments responsible for
advertisements that refer to available services, such as "a funeral", "complete
funeral" "complete service" "memorial service", or "direct disposition", shall
also provide factual information as to professional services, facilities,
equipment, merchandise and miscellaneous items. This information should be
easily obtainable from the establishment responsible for the
advertisement.
L. No funeral
service firm shall employ any form of "bait advertising" as described in
Section 3 of this Rule.
M. Any
advertisement to offer to provide a service at a stipulated price shall be made
in good faith. Further:
1. The merchandise to
be used in the service shall be a part of the regular merchandise displayed by
or for the funeral service firm; and
2. The desirability of such offer shall not
be disparaged or otherwise discouraged.
N. No principal, employee, or agent of a
funeral service firm will make inaccurate statements concerning the prices
charged or the nature of services provided by other funeral service
firms.
O. Licensees are prohibited
from engaging in solicitation. Solicitation occurs when a funeral establishment
contacts the next of kin or other authorizing agent, when the next of kin or
authorizing agent did not initiate the contact with the funeral establishment.
Licensees and their agents, assistants and employees shall not solicit dead
human bodies, either while death is impending, or after death. This prohibition
does not prohibit general advertising. The following provisions also apply:
1. Licensees shall not directly or
indirectly, employ an apprentice, agent, assistant, employee, or other person
on a part-time, full-time, or commission basis, for the purpose of calling upon
individuals or institutions by whose influence dead human bodies may be turned
over to a particular establishment.
2. Licensees shall not directly or
indirectly, pay or offer to pay, a commission to another licensee, or to the
licensee's own agents, assistants, or employees, for the purpose of securing
business.
Section 17. Complaints
A.
Complaints concerning violations of statutes or Board Rules may be made by the
Board itself, through its staff, or by a member of the public.
B. All complaints shall be submitted to the
Board's office.
C. A copy of any
complaint filed will be sent to the licensee or party against whom the
complaint has been lodged.
D. The
licensee or other party is to be given fifteen (15) days to respond, in
writing, to the allegations of the complainant. Failure to respond and the
failure to timely respond to the complaint, are automatic violations.
E. All complaints and responses shall be
typed or written legibly. All complaints and responses shall also be signed and
notarized.
F. Upon receipt of the
response(s), the complaint will be investigated if so warranted. When
appropriate, the Board's inspector may inspect the establishment against whom
the complaint has been filed.
G.
After any investigation is complete, the Board's counsel will review the
complaint file.
H. Board staff will
then recommend that the Board either: close the complaint because there is no
evidence of violations, set the matter for a hearing, or resolve by another
means.
I. If the Board determines
that the matter should be set for a hearing, then an order and notice of
hearing will be sent to the licensee(s) or other party(ies) by Certified Mail.
J. The licensee or other party and
the complainant shall be given twenty (20) days written notice of the time and
place of the hearing. Failure to appear at the hearing is an automatic
violation.
Section 18. Parliamentary Procedures
Roberts Rules of Order is adopted as the official Parliamentary Manual, and the rules contained therein shall govern the Arkansas State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services in all cases to which they are applicable and which do not conflict with the governing statutes and Rules of the Board.
Section 19. Inspections
A.
The Board's Inspector shall inspect Type A, B, C, and D establishments for
their initial inspection. The inspection fee must be submitted with the
application for the establishment license.
B. Re-inspections are those inspections that
are required due to significant changes. These changes include, but are not
limited to, an addition of an embalming preparation room, relocation of an
embalming preparation room, the addition of a retort, a location change, or a
change in ownership. Re-inspections required due to significant changes require
the payment of the re-inspection fee, along with submission of the required
forms.
C. The Inspector shall
inspect all Type A, B, C, and D establishments randomly throughout the year
during normal business hours. The Inspector should be allowed to enter within a
reasonable amount of time not to exceed one (1) hour.
D. If an inspection or re-inspection is
unsuccessful due to lack of cooperation of the establishment license holders,
then the license holders will be subject to an inspection penalty fee of one
hundred ($100.00) per hour after the initial hour. Maximum wait shall be seven
(7) hours or seven hundred ($700.00) dollars for each day of
occurrence.
E. Public areas shall
be inspected. Each establishment shall have public restroom accommodations
which shall be clean and in good working order. Further, all public areas shall
be kept in a good state of repair. All sidewalks, entrances, and walkways shall
be free from debris, ice, or other obstacles to the extent
practicable.
F. If any
establishment is cited for failure to comply with any requirements provided in
statutes or Board Rules, when practicable, the establishment shall resolve the
violation to the satisfaction of the Board within thirty (30) days after the
filing of the inspection report. The establishment may be granted a longer
period of time within which to resolve the violation, at the discretion of the
Board.
Section 20. Continuing Education
A.
Requirements for Embalmers
1. Every licensed
embalmer who desires to be actively engaged in the practice of embalming in
Arkansas shall submit with the annual renewal application, evidence of
satisfactory completion of at least six (6) hours of classroom instruction.
Classroom instruction includes: a traditional brick and mortar style classroom
environment, and instruction provided remotely by the use of digital media,
including live webinars, and self-guided courses that provide for a test and
certificate of completion, and any other method of instruction that is approved
by the Board.
2. Every licensed
embalmer who is not actively engaged in the practice of embalming in Arkansas
shall be exempt from the continuing education requirements set forth above. If
the person becomes engaged in the active practice of embalming, such person
shall, within the first year of becoming engaged I active practice of
embalming, meet the continuing education requirements as stated
above.
B. Requirements
for Funeral Directors
1. Every licensed
funeral director who is actively engaged in the business of funeral directing
in Arkansas shall submit with the renewal application, evidence of satisfactory
completion of at least six (6) hours of classroom instruction. Classroom
instruction includes: a traditional brick and mortar style classroom
environment; instruction provided remotely by the use of digital media,
including live webinars; self-guided courses that provide for a test and
certificate of completion; and any other method of instruction that is approved
by the Board.
2. Every licensed
funeral director who is not actively engaged in the business of funeral
directing in Arkansas shall be exempt from the continuing education
requirements set forth above. If the person becomes engaged in the active
practice of funeral directing, such person shall, within the first year of
becoming engaged in the active practice, meet the continuing education
requirements as stated above.
C. Requirements for Individuals Dually
Licensed as an Embalmer and Funeral Director
1. Every licensee holding both an embalmer
and a funeral director license, who desires to be actively engaged in the
practice of both arts, shall submit with the annual renewal form, evidence of
satisfactory completion of at least six (6) hours of classroom
instruction.
2. Classroom
instruction includes: a traditional brick and mortar style classroom
environment; instruction provided remotely by the use of digital media,
including live webinars; self-guided courses that provide for a test and
certificate of completion; and any other method of instruction that is approved
by the Board.
D.
Requirements for Crematory Retort Operators- every licensed Crematory Retort
Operator who desires to be actively engaged in operating crematory retorts
shall annually submit a renewal application for licensure. The required
certification received from the manufacturer must be submitted to the Board
every five (5) years.
E. Actively
engaged is defined as: practicing the science of embalming, engaging in the
business of arranging, or conducting funerals, and operating a crematory
retort.
F. Every licensee who is
not actively engaged in the practice of embalming, funeral directing, or
operating a crematory retort in Arkansas shall be exempt from the continuing
education requirement. If the person becomes engaged in the active practice of
embalming, funeral directing, or operating a crematory retort, such person
shall within the first full year after becoming engaged in the active practice,
meet the continuing education requirements specified by the Board.
G. Lifetime Licenses- Those licensees who
hold a lifetime license are exempt from meeting the continuing education
requirements.
H. Those licensees
who have been licensed for twenty (20) years and have attained the age of
sixty-five (65) are exempt from the continuing education
requirements.
I. Out of State
Licensee- Every licensee who holds a valid Arkansas license but lives outside
of the State of Arkansas and is not actively engaged in funeral directing,
embalming or operating crematory retorts, is not required to meet the
continuing education requirements.
J. Continuing Education (License Requirements
and Exemptions)
1. All actively engaged
embalmers and funeral directors shall have attained six (6) hours of continuing
education prior to December 31st of each year. Proof
of satisfactory completion of the continuing education shall accompany the
renewal application. Those licensees who fail to attain the required continuing
education hours by December 31st of any year will be
notified by the Board of the deficiency, and the license will not be renewed,
causing it to expire.
2. The Board
shall have the power to excuse licensees from the continuing education
requirements as set forth in this Rule.
3. Continuing education credit(s) may be
obtained by attending and participating in continuing education courses or
workshops previously accredited by the Board, or which otherwise meet the
requirements stated in this Rule and are approved by the Board. This includes
continuing education credits approved by other states.
4. When an organization, educational
institution, or person is an accredited sponsor, all continuing education
programs of the organization, educational institution, or person, shall be
subject to approval by the Board. Each organization, educational institution,
or person, shall upon completion of an application and a fee set by the Board,
be notified of the approval or disapproval of the course(s) at least thirty
(30) days before the course(s) is offered.
5. No more than three (3) continuing
education hours can be carried over from one licensing year to the
next.
6. Continuing education
requirements are waived the first year of licensure.
7. Continuing education requirements for
individuals who have been granted a reciprocal license in funeral directing
and/or embalming in Arkansas, shall be waived, for the first year of
licensure.
8. Continuing education
credits shall be granted for any community college, junior college, or
four-year university course relating to and approved by the Board for the
continuing education requirements. Each applicant for such a course shall also
supply the Board a certificate of completion, the completed grade, and the
number of hours received in such a course accredited by the college or
university.
K. Any
licensee who has been found to have submitted credits for continuing education
hours but has not attended the hours or did not complete the hours, shall be
subject to disciplinary action by the Board.
L. Continuing Education Seminars
1. Standards for Approval
a. A continuing education course or workshop
shall be qualified for approval if the Board decides that it;
(4) Constitutes an organized program of
learning, including a symposium, which contributes directly to the professional
competency of the licensee;
(5) Is
related to the practice of mortuary science or funeral services;
(6) Is conducted by individuals considered
experts in the subject matter of the program by reason of education, training,
or experience; and
(7) Is
accompanied by a paper, manual, or written outline which substantially
describes the subject matter of the program.
b. Except as may be allowed by the Board, a
licensee shall not receive credit for:
(1) Any
funeral merchandise and/or products, programs or tours; or
(2) Duplicate programs taken within the
previous two (2) years.
2. Any licensee in Arkansas who serves as a
lecturer or discussion leader shall be given continuing education credit to the
extent it contributes to the professional competence of the applicant.
Repetitious presentations shall not be counted. Not more than two (2) hours of
the total annually required continuing education hours may be satisfied in this
manner.
3. Sponsorship of Seminars.
Any organization, supplier, group, or corporation wishing to sponsor a seminar,
symposium, or other meetings with employees or licensees shall:
a. Submit to the Board no less than sixty
(60) days from the planned event, an application supplied by the Board
outlining the event, speaker, and course description.
b. Submit the application fee. Multiple
events, seminars, and symposiums held at the same location while by the initial
sponsor making application will be considered as the same event.
c. Following a seminar approved by the Board,
sponsors must, within thirty (30) days, complete and submit all paperwork
required by the Board, including: names(s) of person(s) attending, license
number, date of attendance, and hours completed.
5. Board Sponsored and Other Seminars
a. The Board may provide an online list of
accepted programs that are available to licensees. This list may include course
offerings not only in Arkansas but also in other states as deemed necessary by
the Board to make available to its licensees as wide a variety of courses and
offerings as possible.
b. The Board
may sponsor continuing education programs. The Board may make these programs
available to licensees by registration and an applicable fee as set to cover
expenses of these events. Written evidence of attendance shall be issued by the
Board at these events to meet the requirements as set forth by the
Board.
6. Professionally
Recognized Organizations- Organizations exempt from the application fee for
courses offered to licensees in the continuing education requirements are:
a. The National Funeral Director's
Association (NFDA);
b. The National
Selected Morticians (NSM);
c. The
Order of the Golden Rule (OGR);
d.
The Tri-State Funeral directors meeting held jointly by the States of Arkansas,
Mississippi and Louisiana;
e. The
National Funeral Directors and Morticians Association (NFD & MA);
f. The National Foundation of Funeral
Service;
g. Accredited College(s)
of Mortuary Science;
h. Any
educational institution licensed by the State Board of Higher Education in
Arkansas;
i. Preferred Funeral
Directors International (PFDI);
j.
The Academy of Professional Funeral Service Practice;
k. The Arkansas Funeral Directors Association
(AFDA);
l. The Arkansas Funeral
Directors and Morticians Association (AFD & MA);
m. Quad State Funeral Directors and
Morticians Association;
n. Any
Academy approved CE unit;
o.
Northeast Arkansas Funeral Directors;
p. Northwest Arkansas Funeral
Directors;
q. Central Arkansas
Funeral Directors;
r. Southeast
Arkansas Funeral Directors; and
s.
Southwest Arkansas Funeral Directors.
M. Program Integrity and Accessibility by the
Board
1. Each continuing education course or
workshop already approved by the Board may be monitored or reviewed by the
Board. Upon evidence of significant variation in the program presented from the
program application submitted and approved by the Board, all or any part of the
approved hours granted the program may be disapproved.
2. Board members and Board employees shall be
admitted to any scheduled seminar, session, or event approved for continuing
education credits at no charge, for the sole intent and purpose to monitor the
licensees present and the content of the course. Board members and staff,
however, cannot claim any course credit for such meetings where they served as
monitors of the licensing requirement. Any sponsor of a course held out for the
funeral directors or embalmers of this state shall not deny any Board member or
Board staff access to the courses or significant paperwork as to attendance or
course matter when requested.
3. No
sponsor, individual, corporation, or agency having been approved by the Board
to present continuing education courses, shall represent to the Board that
persons who did not actually attend the course or did not complete the course
work, in fact, attended, or completed the work, whichever the case may be. If
the sponsor, individual, corporation or agency is a license holder, that
individual or entity will be subject to disciplinary action.
N. Committee to Oversee Continuing
Education
1. The Board shall be empowered to
appoint a committee from itself or its membership, or staff, to oversee the
application process and also appoint monitors if it so desires.
2. In the event of a denial, in whole or in
part, of any application for accreditation or approval of a continuing
education course or workshop, the applicant or licensee shall have a right to
request that the matter be discussed at the next regularly scheduled Board
meeting.
Section 21. Preparation and Preservation of the Human Dead
A. Universal Precautions. In handling and
preparing dead human bodies for final disposition, any person who comes in
direct contact with an unembalmed dead human body or who enters a room where
dead human bodies are embalmed, shall use universal precautions and otherwise
exercise all reasonable precautions to minimize the risk of transmitting any
communicable disease from the body. All persons present in a preparation and
embalming room while a body is being prepared for final disposition must be
attired in accordance with all applicable state and federal regulations
regarding the control of infectious disease and occupational and workplace
health and safety.
B. Preparation
procedures; controlled access to preparation room. The preparation of a dead
human body for final disposition shall be performed in privacy. No person shall
be permitted to be present in the preparation room while a dead human body is
being embalmed, washed, or otherwise prepared for final disposition, except:
1. Licensed embalmers;
2. Registered apprentices or
students;
3. Public officials or
their representatives in the discharge of their official duties;
4. Licensed medical personnel; and
5. Employees of the Type A establishment,
whether licensed or not.
Type A establishments may work with family and friends of the deceased to allow for their participation in the washing and dressing of the body in a private location. It is permissible to allow the family into the preparation room for this limited purpose.
C. Embalming or refrigeration required.
1. A dead human body must be refrigerated, or
packed in dry ice, or it must be embalmed by a licensed embalmer or registered
apprentice or practicum student or clinical student in the following
circumstances:
a. If the body will be
transported by public transportation;
b. If final disposition will not occur within
twenty-four (24) to forty-eight (48) hours after death or release of the body
by a competent authority with jurisdiction over the body or the body will be
lawfully stored for final disposition in the future; or
c. If ordered by the director of health for
the control of infectious disease and the protection of the public
health.
D.
Authorization to embalm. No dead human body shall be embalmed without written
authorization. Written authorization to embalm a dead human body must be
obtained from either the individual lawfully entitled to custody of the body,
or the individual's legal designee, and the authorization must be obtained as
soon as possible following the death. Oral permission to embalm shall
constitute an effective authorization to embalm if the individual seeking
permission to embalm uses the word "embalm", briefly explains the nature of
embalming, briefly outlines the existing laws regulating the timing and reasons
for embalming, and obtains written authorization as soon as is possible
thereafter. The original written authorization to embalm shall be maintained in
the records of the funeral establishment that causes the embalming to be
performed, and a copy of the authorization must be delivered to the person who
has legal right to control the disposition, or that person's legal designee.
Pre-death directives authorizing embalming, duly executed by the deceased,
shall be given full legal effect and shall constitute effective authorization
to embalm under this section. When embalming is required, permission to embalm
shall, as a matter of law, be implied.
E. Authorization to embalm; required form. A
written authorization to embalm must contain the required information:
1. The date of the authorization;
2. The name of the funeral establishment that
will perform the embalming;
3. The
name, address, and relationship to the decedent of the person signing the
authorization;
4. An acknowledgment
of the circumstances where embalming is required by law;
5. A statement certifying that the person
signing the authorization is the person with legal right to control the
disposition of the body as prescribed in Ark. Code Ann. §
20-17-102
or that person's legal designee;
6.
The name and signature of the person requesting the authorization and that
person's relationship to the funeral establishment where the procedure will be
performed; and
7. The signature of
the person who has the legal right to control the disposition or his or her
legal designee.
F.
Embalmer required. Embalming of a dead human body shall be performed only by an
individual holding a license to practice mortuary science in Arkansas, a
registered apprentice pursuant to Ark. Code Ann. §
17-29-301(b)(1),
or a student registered for a practicum or clinical through an accredited
college or university or a college of a funeral service education accredited by
the American Board of Funeral Service Education. An individual who holds a
funeral director only license is prohibited from engaging in the embalming of a
dead human body.
G. Bodies awaiting
final disposition. All bodies awaiting final disposition shall be kept in an
appropriate holding facility or preparation and embalming room. The holding
facility must: be secure from access by anyone except the authorized personnel
of the funeral establishment; preserve the dignity and integrity of the body;
and protect the health and safety of the personnel of the funeral
establishment.
Section 22. Record Retention
A. Type A Funeral Establishments- required
records. Every Type A establishment shall, at a minimum, retain a copy of the
following records:
1. Each statement of
funeral goods and services selected;
2. Burial site goods;
3. Burial site services selected;
4. Death certificate;
5. Embalming case report, if
applicable;
6. Cremation
authorization form, if applicable;
7. Authorization to release from place of
death;
8. Authorization to release
to another funeral provider, if applicable;
9. Disposition;
10. The name of the decedent and the date of
death;
11. The reason for embalming
the body;
12. The name, address,
and relationship to the decedent of the person who authorized the embalming of
the body;
13. The date the body was
embalmed, including the time begun and the time of completion;
14. The name, license number, and signature
of the embalmer who performed or personally supervised the intern or student
who performed the embalming;
15.
The name, permit number if applicable, and signature of any intern or practicum
student or clinical student who performed all or part of the embalming;
and
16. The original written
authorization to embalm and any other supporting documentation that establishes
the legal right of the funeral establishment to physical custody of the body
and to embalm the body.
B. Funeral establishments must retain and
make available for inspection, true and accurate copies of the records as
specified in Subsection A of this section, for a period of seven (7) years from
the date of the arrangement conference. Following this period, and subject to
any other laws requiring retention of records, the funeral establishment may
then place the records in storage or reduce them to microfilm, microfiche,
laser disc, or any other method that can produce an accurate reproduction of
the original records, or the establishment may transfer the records to the
Arkansas State Archives, an agency of the Department of Arkansas Heritage for
permanent storage.
C. Type B
Funeral Establishments- required records. Every Type B establishment that
causes a dead human body to be embalmed shall create and maintain on its
premises or other business location in Arkansas, an accurate record of every
embalming performed. The record shall include all of the following information
for each embalming:
1. The name of the
decedent and the date of death;
2.
The date the funeral establishment took physical custody of the body, and if
applicable, the name of the person releasing the body to the custody of the
funeral establishment;
3. The
reason for embalming the body;
4.
The name, address, and relationship to the decedent of the person who
authorized the embalming of the body;
5. The date the body was embalmed, including
the time begun and the time of completion;
6. The name, license number, and signature of
the embalmer who performed or personally supervised the intern or student who
performed the embalming;
7. The
name, permit number, if applicable, and signature of any intern or practicum
student or clinical student who participated in the embalming of a body,
whether the intern or practicum student or clinical student performed part or
all of the embalming;
8. The
original written authorization to embalm and any other supporting documentation
that establishes the legal right of the funeral establishment to physical
custody of the body and to embalm the body.
D. Retention of records. Records required
under Section 22, Subsection C shall be maintained for a period of three (3)
years after the embalming of the body. Following this period and subject to any
other laws requiring the retention of records, the Type B establishment may
then place the records in storage or reduce them to microfilm, microfiche,
laser disc, or any other method that can produce an accurate reproduction of
the original record, for retention for a period of seven (7) years from the
date of the embalming of the body. At the end of this seven (7) year period and
subject to any other laws requiring the retention of records, the establishment
may destroy the records by any manner which protects the privacy of the
individuals identified in the records.
E. Type C Funeral Establishment- required
records. All crematory authorities shall retain the following records:
1. A cremation authorization form signed by
an authorizing agent that identifies the funeral director arranging the
cremation. The cremation authorization form shall be provided by the crematory
authority, and shall contain the following information:
a. The identity of the human
remains;
b. The name of the
authorizing agent and the relationship between the authorizing agent and the
deceased;
c. Authorization for the
crematory authority to cremate the human remains;
d. Cremation Final Disposition Rights Form or
a representation that the authorizing agent is unaware of any objection by any
person who has a right to control the disposition of the remains, to the human
remains being cremated; and
e. The
name of the person authorized to claim the remains from the crematory
authority.
2. A completed
and executed burial transit permit or other disposition authorization signed by
the authority having jurisdiction to authorize final disposition of a dead
human body, as provided in the laws of this state or territory where death
occurred, indicating that the human remains are to be cremated;
3. A death certificate, fetal death
certificate, or other disposition authorization signed by the authority having
jurisdiction to authorize final disposition of a dead human body in the state,
territory, or country where death occurred; and
4. Any other documentation required by any
county or municipality.
F.I f an authorizing agent is not available
to execute the cremation authorization form, that person may delegate that
authority to another person in writing, or, if located outside of the area, by
sending the crematory authority a written communication that contains the name,
address, and relationship of the sender to the deceased, and the name and
address of the individual to whom authority is delegated, indemnifying the
delegated individual and the crematory authority from all liability concerning
the cremation. Upon receipt of the written communication, the crematory
authority shall allow this individual to serve as the authorizing agent and
execute the cremation authorization form, and the crematory authority shall be
entitled to rely upon the cremation authorization form.
G. Upon receipt of the human remains, the
crematory authority shall furnish to the person who delivers such human
remains, a receipt signed by both the crematory authority and the person who
delivers the human remains, including the following information:
1. The date of delivery;
2. The name of the person from whom the human
remains were received, and that person's employer;
3. The name of the person who received the
human remains on behalf of the crematory authority;
4. The name and license number of the
crematory authority; and
5. The
name of the deceased.
The crematory authority shall retain a copy of this receipt.
H.
Records required under Section 22, Subsections E and G, shall be maintained for
a period of three (3) years after the cremation of the body. Following this
period and subject to any other laws requiring retention of records, the
establishment may then place the records in storage or reduce them to
microfilm, microfiche, laser disc, or any other method that can produce an
accurate reproduction of the original record, for retention for a period of
seven (7) years. At the end of this seven (7) year period and subject to any
other laws requiring retention of records, the establishment may destroy the
records by any manner that protects the privacy of the individuals identified
in the records.
I. Type D Funeral
Establishment- required records. Transport service firms are required to retain
the following records:
1. The name of the
deceased;
2. The date of
transportation;
3. The location
from which the body was picked up;
4. The location to which the body was
delivered;
5. The time the body was
picked up;
6. The time the body was
delivered; and
7. Personal effects
of the deceased, if any.
J. Records required under Section 22,
Subsection I shall be maintained for a period of three (3) years after the
transportation of the body. Following this period and subject to any other laws
requiring retention of records, the funeral establishment may then place the
records in storage or reduce them to microfilm, microfiche, laser disc, or any
other method that can produce an accurate reproduction of the original record,
for retention for a period of seven (7) years. At the end of this seven (7)
year period and subject to any other laws requiring retention of records, the
establishment may destroy the records in any manner that protects the privacy
of the individuals identified in the records.
Section 23. Standards of Service, Code of Ethics, and Professional Conduct
A.
Use of Outside Services. No funeral director, embalmer, or establishment shall
utilize the services of an independent contractor, trade embalmer, or any other
outside provider if the funeral director, embalmer, or establishment knows, or
reasonably should know, that such independent contractor, trade embalmer, or
other outside provider is in violation of any rule or statute pertaining to the
Board.
B. All persons engaged in
the profession of funeral directing, embalming, or the operation of a funeral
establishment shall at all times act in a professional manner.
C. Minimum standards of service include the
following:
1. Members of the public shall be
treated in a respectful manner;
2.
Establishments shall honor, in a timely manner, financial obligations to
suppliers, distributors, or other persons with whom they conduct
business;
3. Any person who has
been assessed a fee pursuant to a statute or rule of the Board, shall submit
payment of the fee within the required timeframe;
4. An establishment shall not unreasonably
delay the filing of a certificate of death;
5. An embalmer shall make every reasonable
effort to return the viscera to the body cavity for final disposition. In the
event the embalmer is unable to return the viscera to the body cavity, the
viscera shall be placed in a non-porous biohazard container, labeled as such,
and disposed of in a manner consistent with the disposition of the remains;
and
6. Licensees shall obey any
lawful order entered by the Board pertaining to the licensee.
D. Code of Ethics and Professional
Conduct
1. Service to Families. When making
arrangements, funeral directors, embalmers, and establishments ("licensees")
have a legal and ethical responsibility to provide fair, accurate,
non-judgmental information, and competent services. Licensees should be mindful
of the emotional vulnerability of those wishing to make arrangements. Further,
licensees must:
a. Provide the consumer, for
his or her permanent use, a copy of the establishment's General Price List at
the first meeting with the consumer;
b. Provide fair and consistent services to
consumers without regard to religion, race, color, national origin, sex, sexual
orientation or disability;
c.
Provide funeral services with dignity and respect for the family, consumers,
and the deceased;
d. Explain which
products and services are required by law and which are optional;
e. State whether products offered for sale or
use have been used before;
f.
Ensure family decisions on all matters, including services, timing and prices,
have been fulfilled, whenever reasonable;
g. Explain any documents presented to a
consumer, including any that require a signature, and provide the person with
copies;
h. Explain the option of
embalming and the consequences of delayed embalming, when applicable;
and
i. Obtain written permission
from the next of kin or authorizing agent, to embalm or
cremate.
2. Service to
the Deceased. Licensees are trusted with the remains of deceased people, and
there are legal and ethical responsibilities implicit in that trust. In matters
regarding the deceased, licensees must:
a.
Ensure that every deceased person is treated with care and dignity at the time
of receipt, during all transportation, and all proceedings;
b. Treat all deceased persons in the
preparation room with proper care and dignity, and properly cover them at all
times;
c. Transport, hold and carry
out the disposition of human remains only when all required permits and
authorizations are held; and
d.
Dispose of parts of human remains that are received with the body in a manner
that is consistent with the manner used for the final disposition of the body,
or in a manner that is consistent with applicable laws.
3. Service to the Public. Licensees have an
ethical obligation to provide consumers and potential consumers of services and
products with clear information to enable informed decision making. In matters
regarding the consumers and potential consumers; a licensee must:
a. Provide complete and honest information
about all services;
b. Provide, at
the first meeting, a full written list of the prices of the services the
consumer has selected; and
c.
Ensure all advertising, including products, services and pricing, is clear,
truthful and presented in a manner that is not misleading.
4. Compliance with the law and respect for
the profession. Licensees have a legal and professional responsibility to
comply with all applicable laws and regulations, and an ethical responsibility
to represent the profession in an honorable manner. In matters regarding the
laws and profession, a licensee shall:
a.
Comply with all licensing and permit requirements established by regulatory
bodies;
b. Comply with all laws and
regulations relating to the profession;
c. Respect the authority and oversight of the
Board, and comply with all requests to appear before the Board;
d. Maintain a high level of professional
courtesy by being respectful to, and positive about, colleagues;
e. Ensure all establishment employees are
aware of, and comply with, the code of ethics at all times;
f. Refrain from engaging in any unfair or
deceptive acts or practices defined in the FTC's Funeral Rule;
g. Comply with any preventive requirements
specified in the Funeral Rule;
h.
Refrain from engaging in any act, omission, or practice that is misleading or
deceptive; and
i. Disclose whether
there is a markup on a cash advance item, and state whether the licensee has
received a rebate, commission, or trade or volume discount when the price is
not the same as the licensee's cost. If there is a markup on a cash advance
item or if the licensee receives a commission, discount or rebate that is not
passed on to the consumer, the licensee cannot state that the price charged for
the item is the same as the licensee's cost.
5. Records
a. All records subject to inspection by FTC officials as provided
in the Funeral Rule shall also be made available to the Board and its
representatives under the same terms.
b. A licensee shall submit, upon request by
the Board or its representative, any records kept by the licensee in the normal
course of business.
This Rule is effective January 1, 2022.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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