Arkansas Administrative Code
Agency 043 - Board of Embalmers and Funeral Directors
Rule 043.00.12-001 - Rule Changes: Section I, II, IV, IX, XIV, XVII

24. FINAL DISPOSITION. 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.

44. MANAGER. Manager oversees the day to day operations of a licensed funeral establishment. Managers must be a current licensed funeral director and is ultimately responsible for everything that takes place in or around the funeral home or mortuary service. This would also include apprentices and other licensees that work at the establishment.

45. AUTHORITY HAVING JURISDICTION OR "AHJ". Means the individual or office in this or another state that has authority to release dead human bodies for final disposition.

1. Every funeral conducted within the State of Arkansas must be under the personal supervision, direction, and 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. In the case of earth interment and above ground entombment, the licensee shall be onsite supervising all matters until completion of the earth interment or above ground entombment except when the authorizing agent has contracted with the cemetery either private, commercial, or governmental to carry out these procedures. In those cases, the licensee shall be on site supervising all matters until the conclusion of the funeral service only.

2..

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 ESTABLISHMENT TYPE B- MORTUARY SERVICE FIRMS

4. FUNERAL ESTABLISHMENT TYPE C- CREMATORY

5. When a crematory closes, the Board shall be notified in writing, within seven (7) days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. If a crematory license is revoked, the license must be returned to the Board office within 7 days of receipt of the Board's order.

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8. All crematory licenses must be renewed on or before December 31st of each year. Renewal license fees, as established by the Board, must company each original and renewal application.

9. All renewals received after December 31st of each year are considered delinquent. The Board may impose delinquent fees and/or or a crematory authority that is delinquent in its renewal to cease operation until a renewal card has been issued by the Board.

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2. All renewals received after December 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 regular meeting.

3..

1. Authorization shall be obtained from the authorizing agent 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 authorizing agent when it can be obtained. If the funeral firm which has custody of the remains, is not the one selected to provide funeral services such firm shall release the body to the funeral firm selected by the authorizing agent(s). The receiving funeral firm or authorizing agent(s) shall be responsible for the costs of services provided by the initial funeral firm. The cost of the provided services shall not exceed the prices for those services as listed on the initial funeral firms 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.

1. Inspector shall inspect Type A, B, C, and D establishments for their initial first inspections for a fee of two hundred fifty ($250.00) dollars

2. Re-inspections that required due to changes, such as an addition of an embalming prep room or a location change will result in an inspection fee of one hundred ($100.00) dollars

3. Inspector shall inspect all Type A, B, C, and D establishments randomly throughout the year during normal business hours. Inspector should be allowed to enter within a reasonable amount of time not to exceed one (1) hour.