Arkansas Administrative Code
Agency 043 - Board of Embalmers and Funeral Directors
Rule 043.00.06-001 - Rule Revisions to Rule IV, V, VI, VII, VIII, IX, XIV, XV and Definitions section; and Revisions to Continuing Education Rules

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 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, tag or over the radio or television station.

2. APPRENTICE. A person who is engaged in learning the practice of embalming or the business of funeral directing, as the case may be, under the instruction and direct personal supervision of a duly license embalmer or funeral Director of the State of Arkansas, who is duly registered as such.

3. ARKANSAS CODE. Arkansas Statutes pertaining to the funeral industry.

4. ARRANGER. The person or persons arranging for any type of service following or in advance of a death.

5. AUTHORIZING AGENT(S). An authorizing agent(s) is a person legally entitled to order the cremation of human remains. An authorizing agent shall be the next of kin of the deceased. In the absence of a next of kin, an order from a court of appropriate jurisdiction shall be obtained. In the case of indigents or any other individuals whose final disposition is the responsibility of the state, a public official charged with arranging the final disposition of the deceased, if legally authorized may serve as the authorizing agent. 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. If the deceased has authorized their own cremation by a pre-need arrangement, then any person acting on those instructions will be considered legally authorized, unless such authorization is in conflict with the wishes of the deceased next of kin.

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 these Rules and Regulations shall mean the Arkansas State Board of Embalmers and Funeral Directors or any successor thereof.

8. CASH ADVANCE or CASH ACCOMODATIONS. Monies paid to outside parties by the funeral director or the funeral service firm on behalf of the arrangers.

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. That final rite or ceremony preceding the final disposition of the body,

12. CREMATION/CALCINATION. The technical process, using heat, that reduces human remains to bone fragments, which may be reduced to a powdery substance. The reduction takes place through heat and evaporation.

13. CREMATORY. The building or portion of a building that houses the cremation chamber and the holding facility.

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 cremation authority if the remains are not in a casket. A cremation container should meet substantially all of the following standards:

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. During the apprenticeship period the supervisor of all embalmers and/or funeral directors must be readily accessible on the premises wherever embalming and/or funeral directing is preformed.

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 a person 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.The final placement of the body whether it is by earth interment, above ground interment, cremation, burial at sea, or by delivery 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. Every 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 except mausoleums, crypts, interment receptacles preset in a cemetery and columbarium niches.

29. FUNERAL SERVICE or FUNERAL. A period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.

30. 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.

31. 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.

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:

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. MEMORIAL SERVICE. A gathering of persons for a program in recognition of a death without the presence of the body of the deceased.

37. 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.

38. 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.

39. NICHE. A compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains.

40. SCATTERING AREA. A designated area for the scattering of cremated remains.

41. TEMPORARY CONTAINER. A temporary container is a receptacle for cremated remains usually made of cardboard, plastic film or similar material designed to hold the cremated remains until an urn or other permanent container is acquired.

42. TO MAKE ARRANGEMENTS. Advising, counseling, and/or entering into agreements about specifics for any services in advance of or following a death.

43. TRANSPORT SERVICE FIRM. Any person, partnership, enterprise, corporation, association, society, other legal entity, or other form of organization which engages in providing transportation of the human dead for hire.

44. URN. A receptacle designed to permanently encase the cremated remains.

1. Every funeral conducted within the State of Arkansas must be under the personal supervision and direction and in charge of a funeral director who holds a valid license from this Board. To conduct a funeral shall require the direct personal supervision of a licensed funeral director until final disposition is completed.

2. The embalming of a dead human body shall require the presence and/or direct supervision of a duly licensed embalmer. Duly registered apprentice embalmers may do embalming procedures under the direct personal supervision of a duly licensed embalmer.

1. Any person, partnership, enterprise, corporation or any other form of organization holding themselves 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 and to comply with the Rules and Regulations of the Board pertaining to said care and disposition.

1. Four types of funeral establishment licenses shall be issued by the Board. These establishment licenses shall be named as follows:

2. FUNERAL ESTABLISHMENT TYPE A-FULL SERVICE FUNERAL FIRMS

3. FUNERAL ESTABLISHMENTS TYPE B-MORTUARY SERVICE FIRMS

4. FUNERAL ESTABLISHMENT TYPE C-CREMATORY

1. Any person desiring to apprentice in the science of embalming in this state shall be 18 years of age, have graduated from an accredited high school or been issued a certificate of equivalency issued by the public school system or the military service, 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. This apprenticeship may be served before, during, or after attending mortuary school, except when receiving the State Assistance Grant to attend mortuary school, then the apprenticeship must be served prior to attending mortuary school.

2. Any person desiring to apprentice in the business of funeral directing in this state shall be 18 years of age, have graduated from an accredited high school or been issued a certificate of equivalency issued by the public school system or the military service. He/she shall serve two (2) years in an Arkansas licensed establishment under a funeral director licensed by this Board, and shall actively assist in the conducting of fifty (50) funerals. 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.

3. All funeral director and/or embalmer case reports must be filed in the Board inspector's office by the 10th of the month following the month in which work was actually performed.

4. 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. 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 twenty-four (24) months. After this twenty-four (24) month period, a person may register as an apprentice and begin the process from the beginning, including case reports.

5. All funeral director apprentices shall perform the following duties, and register the required number of services with the Board during his/her term of apprenticeship:

1. 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. Embalmer applicants for the Arkansas Laws Exam must have completed 18 months of their apprenticeship and/or have graduated from an accredited school of mortuary science.

2. Any person desiring to be examined in the business of funeral directing within the State of Arkansas must have completed 18 months of his/her apprenticeship.

3. Application for examination as either an embalmer or funeral director, must be made in writing, on forms provided by the Board

4. All applications for examination must be notarized, and must be accompanied by the application fee of one hundred ($100.00) dollars.

1. Regular examinations shall be held quarterly and/ or at the discretion of the Board.

2. Applicants for embalmer licenses shall:

Take and pass both parts of the National Conference Exam as well as both parts of the Arkansas Laws Exam.

3. Applicants for a funeral director license shall be given a written and oral examination on information contained in the:

4. Applicants for a funeral director license shall be required to score a minimum of 75 percent on both the written and oral parts of the Arkansas Laws Exam to successfully pass that examination. Upon passing the examination, the applicant shall be entitled to receive, from the Board, a certificate to practice the business of funeral directing, provided all the other requirements have been met.

5. 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 per cent on both parts of the Arkansas Laws Exam. Upon passing the examinations, the applicant shall be entitled to receive, from the Board, a certificate to practice the science of embalming, provided all the other requirements have been met.

6. All questions used on the Arkansas Laws Exam are the property of the Board, and must be returned by the applicants with their answers.

7. Any applicant giving assistance to another applicant or receiving assistance or found to have on his person material of any nature which, in the opinion of the Board, may be used to assist in the examination, shall forfeit the fee paid and be ejected from the examination, and shall not be entitled to any further consideration by the Board.

8. An applicant may qualify to take the Arkansas Laws Exam at the completion of eighteen (18) months of his/her apprenticeship

9. Graduates of an accredited Mortuary (Embalming) School shall be immediately eligible to take the Arkansas Laws Exam.

1.

2. All renewals received after January 31st of each year are considered delinquent, and certificate holders are not allowed to practice the science of embalming or the business of funeral directing, until a renewal card has been issued for the current year. A delinquent fee of fifty ($50.00) dollars for each three (3) months, or fraction thereof, with a maximum of two (2) years, must be remitted with a renewal fee of two (2) years, which will include the year renewed. Any person in arrears more than three (3) years must appear before the Board at a regular meeting.

3. When a certified embalmer or funeral director shall have failed to renew his/her certificate for a period of more than three (3) years, but who shall have practiced the science of embalming or the business of funeral directing in a foreign State or Province, and upon satisfactory proof, and upon producing two (2) affidavits by responsible persons to that effect, may be reinstated upon payment of the specified renewal fee, to wit: A delinquent fee of Fifty dollars ($50.00) for each three (3) months, or fraction thereof, with a maximum of two (2) years, must be remitted with a renewal fee of two (2) years, which will include the year renewed. A renewal certificate, bearing the same number as the original certificate, shall be issued.

4. A licensed embalmer and or funeral director who fails to renew his/her license for a period of five (5) years, in addition to appearing before the Board and paying the required delinquent fees of fifty ($50.00) dollars per quarter, per license for a maximum of two (2) years, plus the license fees for those two (2) years, shall be required to take and pass the Arkansas Laws written and oral exams.

1. A charge or fee of twenty ($20.00) dollars shall be made for the issuance of a duplicate embalmer, funeral director, or establishment license. This fee shall apply to each duplicate license issued. The original license number and expiration date, along with the work "Duplicate" shall be affixed.

1. All funeral merchandise shall have a visible price card. The price card shall clearly state what merchandise and/or services are included in the quoted price.

2. 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:

3. 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.

1. The Board shall waive the renewal fee for any funeral director and/or embalmer license for any licensee who has retired and whose license has been in force and effect for fifty (50) or more years on the fiftieth (50th) anniversary of that license and a Lifetime License shall be issued by the Board to that licensee

1. Authorization shall be obtained from the arranger(s) who will be responsible for the post death arrangements before removal of any body from the place of death, provided, however, that 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 arranger(s) when it can be obtained. If the funeral firm, to whose establishment the body was removed, is not the one subsequently selected to provide the immediate post death activities, such firm shall release the body to the firm or individual selected by the arranger(s); provided however, that if the initial removal was at the request of a public official or the arranger(s) who later decided to employ another firm, costs incurred in the removal, shelter and temporary care of the body shall be paid by such public officials or the arranger(s). However, such payment shall not be a prerequisite to release of the body.

2. When a funeral establishment has proper custody of a body, its personnel shall not proceed with any of the actual 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; and further provided, that if authorization cannot be obtained or denied, from the arranger(s) 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.

3. 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 arranger(s), both as to service and merchandise, and a full disclosure of all its available services and merchandise shall be made to arranger(s) prior to selection of the casket and services.

4. 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.

5. Any statements of legal requirements shall be complete and factual, as shall 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.

6. The personnel shall explain, when such explanation is desired, the components of the price for alternatives to a funeral such as the following:

7. 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 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.

8. Funeral service firms are required to make reasonable adjustments in their price when less than the quoted offering is utilized.

9. When death occurs in a place other than where the funeral or other services or final disposition are to take place, and the service of two funeral firms are necessary, the funeral firm engaged at the place of death shall charge only for the professional services, facilities and merchandise provided, and a representative thereof shall so notify the funeral firm to which the body will be forwarded. 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 forwarding and receiving funeral firms only when there is a duplication of professional services, facilities or merchandise pursuant to the request of the arranger(s).

10. 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.

11. In an advertisement, whenever references are made to a service available, such as "a funeral", "complete funeral" "complete service" "memorial service", or "direct disposition", factual information also shall be given as to professional services, facilities, equipment, merchandise and miscellaneous items including in said terminology and regularly obtainable from the firm(s) named in the advertisement.

12. No funeral service firm shall employ any form of "bait advertising" as described in this rule.

13. Any advertisement to offer to provide a service at a stipulated price shall me made in good faith, and

14. No principal, employee, or agent of a funeral service firm will make inaccurate statements concerning the prices charged or nature of services provided by other funeral service firms.

1. Complaints concerning violations of these Rules and Regulations may be made by the Board itself, through its Inspector, Investigator, Secretary, or other official, or by a member of the public.

2. All complaints shall be filed with the Secretary of the Board.

3. A copy of that complaint will be sent to the licensee or party against whom the complaint has been lodged.

4. 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 to the complaint is an automatic violation.

5. All complaints and responses shall be typed, signed and notarized.

6. The Secretary will review the complaint and responses to determine if further investigation is warranted. The Secretary may direct the Board Inspector to obtain statements or other information.

7. The complaint, response and other information, if any, will be forwarded to the Board Legal Counsel, the Arkansas Attorney General and Board members for review.

8. The Board will review the relevant documentation to determine whether official action will be taken.

9. If the Board finds there is reasonable grounds for belief the licensee is guilty of violation of Chapter 29, Arkansas Code, or the Rules and Regulations, then the Board will cause the Secretary to issue Order and Notice of Hearing, which will be served on the licensee or other party by Certified Mail. This notice will contain all the information required by the Administrative Procedures Act.

10. The Secretary shall give twenty (20) days written notice to the complainant of the time and place of the hearing. Failure to appear at the Hearing is an automatic violation.

11. The Hearing will be conducted by the President of the Board, in accordance with the Administrative Procedures Act. At all hearings, the Board will be provided the legal counsel or the Arkansas Attorney General's Office.

1. Roberts Rules of Order is adopted as the official Parliamentary Manual, and the rules contained therein shall govern the Arkansas State Board of Embalmers and Funerals Directors in all cases to which they are applicable and which do not conflict with the State Statutes and the Rules and Regulations of this Board.

Continuing Education Rules and Regulations

The following regulation is adopted pursuant to the authority granted to the Arkansas State Board of Embalmers and Funeral Directors in ACA 17-29-209.

PURPOSE: To serve the public interest in part by assuring that funeral service professionals are required to stay abreast of changes in a rapidly changing field. The profession as a whole benefits when public confidence in the industry is secure. Including continuing education as a requirement for license renewal enhances the importance of education in the advancement of the licensee and the funeral service profession.

The effective date is October 1, 1995.

A. Embalmers Qualifications

Every licensed embalmer who desires to be actively engaged in the practice of embalming in Arkansas shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the Board.

Every licensed embalmer who is not actively engaged in the practice of embalming in the state of Arkansas shall be exempt from the continuing education requirements set forth in the subsection of this section. If the person becomes engaged in the active practice of embalming, such people shall within the first year after becoming engaged in active practice of embalming meet the continuing education requirements specified by the Board.

B. Funeral Directors Qualifications

Every licensed funeral director who is actively engaged in the practice of funeral directing in Arkansas shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the Board.

Every licensed funeral director who is not actively engaged in the practice of funeral directing in the state shall be exempt from the continuing education requirements set forth in the subsection of this section. If the person becomes engaged in the active practice of funeral directing, such people shall within the first year after becoming engaged in the active practice meet the continuing education requirements specified by the Board.

C. Dual License Qualifications

Every licensee holding both a Funeral Director and Embalmers license who desires to be actively engaged in the practice of either or both arts shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the Board. A total of eight (8) hours is required.

D. Actively Engage

Actively engaged is defined as: Embalming, arranging, or conducting funerals.

E. Licensee Not Actively Engaged In the State

Every licensee who is not actively engaged in the practice of embalming or funeral directing in the state of Arkansas shall be exempt from the continuing education requirement. If the person becomes engaged in the active practice of embalming and funeral directing, such people shall within the first full year after becoming engaged in the active practice meet the continuing education requirements specified by the Board.

F. Aged Licenses

Licensees age 65 or above and who have had their licenses for 20 consecutive years or licensees who have been granted a Lifetime License are not required to meet the continuing education requirements.

G. Out of State Licensee

Every licensee who holds a valid Arkansas license but lives out of the state of Arkansas and are not actively engaged in funeral directing and embalming in this state, are not required to meet the continuing education requirements.

H. Continuing Education Requirements

Every active licensee in this state shall submit with the license renewal application, satisfactory proof of completion of a minimum of eight (8) hours per year of continuing education work approved by the Board.

A. The board shall have the power to excuse licensees from the continuing education requirements as set forth in these rules and regulations.

B. Except as provided in subsection (f), each licensee residing and working in the state of Arkansas shall report (8) hours of continuing education approved by the Board. Compliance with this continuing education shall be required for a license renewal.

C. 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 these rules and are approved by the board. This includes CE credits approved by other states.

D. While 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 a minimum of thirty (30) days before the courses are offered.

E. No more than four (4) continuing education hours can be carried over from one licensing year to the next.

F. Continuing education requirements for individuals newly licensed by examination before this board shall be waived for the first time renewal of a license.

G. Continuing education requirements for individuals coming before this Board for a reciprocal license from another state to become engaged in funeral directing or embalming in Arkansas, shall be waived for the first time renewal of a license.

H. No more than two hours shall be granted for a video or audio tape series per license year, unless authorized by the Board.

I. 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.

J. Serious Illness or Disability

Any licensee with a serious illness or disability shall (1) notify the board in writing of any such serious illness or disability along with a documented statement from a personal physician to that illness and disability, to apply for exemption on a year by year basis from the board. (2) The board shall have the power to review the letters of exemption of these continuing education requirements on a case by case basis.

K. Who Cannot Be Excused

Any licensee who is actively engaged in the practice of funeral directing or embalming cannot be excused by the illness or disability provision set forth in these rules.

A. Standards for Approval

B. Credit Hours Explained

C. Licensee Who Conducts Seminars

Any licensee in Arkansas who serves as a lecturer or discussion leader shall be included to the extent that it contributes to the professional competence of the applicant. Repetitious presentations shall not be counted. Not more than twenty-five percent (25%) of the total required continuing education hours may be satisfied in this manner.

D. Sponsorship of Seminars

Any organization, supplier, group or corporation wishing to hold seminars, symposiums, or other meetings with employees or other licensees shall:

E. Board Sponsored Seminars

F. Professionally Recognized Organizations

Organizations exempt from the registration fee for courses offered to licensees in the continuing education requirement are:

G. Regionally Recognized Organizations

The following regional associations are exempt from the one hundred dollar ($100.00) application fee:

A. Committee to Oversee Continuing Education

1. Any licensed funeral director or embalmer not meeting the continuing education requirements shall not be licensed by the board.

2. Any licensee providing continuing education unit proof, but not having paid the license renewal fee, shall not be licensed by the Board.

3. Any licensee who has been found to have submitted credits for continuing education hours but has not attended or did not complete shall be subject to discipline by the Board.

4. Any sponsor, individual, corporation or agency having board approval to hold continuing education courses, but found to have committed fraud or inaccurate filings of persons not in attendance or persons not having completed course work, but found on the paperwork of the Board as having done so, shall be subject to discipline by the Board.