Current through Rules and Regulations filed through December 27, 2023
(1) A representative of the Board shall regularly inspect establishments between the hours of 9:00 A.M. and 4:30 P.M., Monday through Friday, with the exception of State government-mandated holidays. Although the funeral director in full and continuous charge need not be present for the inspections, the establishment must be available during these hours for inspection. Upon finding a funeral establishment unavailable during an inspection attempt, the Board representative shall contact the establishment at the telephone number of record with the Board, or an alternative telephone number conspicuously posted at the establishment. If the establishment is not made available for an inspection by an establishment employee within sixty (60) minutes of the telephone contact, or if telephone contact is unsuccessful, the Board representative shall issue a written warning notifying that an inspection attempt was made. Any funeral establishment not inspected during a calendar year may have the establishment license suspended, revoked, or put on probation, or fines may be imposed by the Board.
(2) Any violation under this section shall be deemed a violation of minimum standards and threat to the health, safety, and welfare of the public. A funeral establishment licensed by the Board shall be required to pay a fine to the Board for each violation of this section. At the time of inspection, a citation shall be issued by an inspector or representative of the Board which shall list each violation. Following the issuance of the citation, the licensee shall either remit the amount of the fine to the Board or submit a written request for an appearance before the Board. A request for an appearance before the Board must be received by the Board within thirty (30) days after issuance of the citation. Failure to either pay the fine or request an appearance before the Board within thirty (30) days from the issuance of the citation shall cause further disciplinary proceedings to be instituted against the licensee. The requirements for inspections and the fines for violations under this section are as follows:
(a) all outside openings must be screened where left open for ventilation. The fine for a violation of this subsection shall be $50.00.
(b) all embalming rooms shall be equipped with the following:
1. hot and cold running water; the fine for a violation under this subsection shall be $200.00;
2. non-absorbent sanitary floor and walls; the fine for a violation under this subsection shall be $200.00;
3. permanently installed ventilation; the fine for a violation under this subsection shall be $200.00;
4. a non-absorbent preparation table; the fine for a violation of this subsection shall be $200.00;
5. preparation table equipped with receptacle and a non-porous sanitary cover or dedicated drain directly connecting into a sewerage or septic tank; the fine for a violation under this subsection shall be $200.00;
(c) each embalming room shall be equipped with a sink for disinfecting of hands and a separate sink or other Board-approved method for disinfecting of instruments. The fine for a violation under this subsection shall be $50.00;
(d) Each embalming room, including all instruments and tables, shall be kept in a sanitary and clean condition at all times. The fine for a violation of this subsection shall be $200.00;
(e) Each embalming room shall contain instruments and supplies for the preparation and embalming of dead bodies. Instruments and equipment must consist of the following:
1. at least one scalpel; the fine for a violation of this subsection shall be $50.00;
2. at least two aneurysm needles; the fine for a violation of this subsection shall be $50.00;
3. at least two cannulas; the fine for a violation of this subsection shall be $50.00;
4. embalming machine, or gravity bottle or bulb or hand pump; the fine for a violation of this subsection shall be $50.00;
5. 24 bottles arterial fluid and 24 bottles cavity fluid; the fine for a violation of this subsection shall be $50.00;
6. suture; the fine for a violation of this subsection shall be $50.00;
7. 1 suture needle; the fine for a violation of this subsection shall be $50.00;
8. trocar; the fine for a violation of this subsection shall be $50.00;
9. hydro aspirator or electric aspirator; the fine for a violation of this subsection shall be $50.00; and
10. a permanently installed back flow preventer for the hydro aspirator; the fine for a violation of this subsection shall be $50.00.
(f) The embalming room of an establishment shall be used only for the purpose of embalming of dead human bodies. The fine for a violation of this subsection shall be $200.00;
(g) An establishment must maintain on the premises a display room containing actual adult caskets, or models, mockups, or sections of caskets if all such caskets are available and in stock for purchase at the establishment or can be delivered within twenty-four (24) hours. Each funeral establishment shall maintain on the premises at each of its locations an adequate stock of funeral caskets which shall not be less than eight (8) and which shall meet other criteria as necessary to protect the public; The fine for a violation under this subsection shall be $100.00 per casket short of the minimum;
(h) The establishment shall have a room with adequate seating for a minimum of thirty (30) people in which funeral services may be conducted. The fine for a violation under this subsection shall be $100.00;
(i) One (1) operable motor hearse or combination hearse/ambulance with current Georgia registration for the transportation of casketed human remains must be maintained at each establishment. The fine for a violation under this subsection shall be $100.00;
(j) One (1) church truck. The fine for a violation of this subsection shall be $50.00;
(k) A funeral establishment shall not be located in the same facility as public cafes, restaurants or any place where food is prepared and sold for public consumption. The fine for a violation of this subsection shall be $500.00;
(l) A funeral establishment whose funeral director resides in the funeral establishment in order to satisfy the requirements of funeral director in full and continuous charge must include in his or her living quarters furnished sleeping quarters, cooking, refrigerating, and bathing facilities. The fine for a violation of this subsection shall be $200.00;
(m) An establishment must have at least one sanitary rest room facility for public use. The fine for a violation of this subsection shall be $200.00;
(n) A new establishment must submit proof of having met zoning requirements and public health standards of its local municipalities;
(o) An establishment must be maintained in a state of clean, sound, safe, and acceptable repair and condition at all times;
(p) A funeral home shall have a card or brochure in each casket stating the price of the casket. When the client has decided on the type of service desired, the funeral director must provide, at the time the arrangements are completed and prior to the time of rendering the service or providing the merchandise, a written statement that has been signed and certified by a licensed funeral director showing:
1. the price of the service that the person or persons has selected and what is included therein;
2. the price of each of the supplemental items of service and merchandise requested; and
3. the amount involved for each of the items for which the funeral home will advance monies as an accommodation to the family.
4. The fine for failure to comply fully with the requirements of this subsection shall be $200.00.
(q) A current license for the establishment, embalmer, funeral director and any apprentices must be conspicuously displayed in the establishment. The Funeral Director in Full and Continuous Charge for each funeral establishment and crematory establishment shall conspicuously display his/her name and current active license in all designated arrangement offices. The fine for a violation of this subsection shall be $100.00.
(r) For purposes of identification of the body or remains of a deceased person for tagging purposes as required by OCGA 43-18-8, tags or labels must be attached to the deceased human body in the funeral establishment at the time the body is placed in the casket or shipping container, or prior to leaving the funeral establishment to go to the crematory. The fine for failure to comply fully with the requirements of this subsection shall be $100 per occurrence; and
(s) The Board may issue a Cease and Desist order and, at the Board's discretion, a monetary penalty for unsanitary conditions.
(3) The Board shall require funeral establishments to pass an inspection of the establishment prior to the closure of an establishment. The Board shall be notified of the establishment's intent to close fifteen (15) days prior to the intended closure. The inspection shall verify:
(a) the status of any preneed contracts;
(b) that cremains/remains, biohazards, and any items detrimental to the public or the environment have been removed from the establishment;
(c) that all signs and indications of the establishment have been removed;
(d) that the establishment has notified their local County Coroner/Medical Examiner and Vital Records registrar that establishment intends to close;
(e) that all death certificates and SSA-721 forms have been filed; and
(f) that all known personal property of all deceased have been returned to the family or individual(s) authorized to direct disposition.
O.C.G.A. §§
43-1-19, 43-1-25, 43-18-2, 43-18-10, 43-18-23, 43-18-46, 43-18-70, 43-18-71, 43-18-75, 43-18-76.
Original Rule entitled "Determination of Funeral Director in Full and Continuous Charge" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: Rule renumbered from 250-6-.04 to 250-6-06. F. Jan. 30, 1996; eff. Feb. 13, 1996.
Amended: F. May 1, 1998; eff. May 21, 1998.
Repealed: New Rule of same title adopted. F. Sept. 22, 2003; eff. Oct. 12, 2003.
Repealed: New Rule of same title adopted. F. Mar. 15, 2007; eff. Apr. 4, 2007.
Amended: F. May 9, 2007; eff. May 29, 2007.
Amended: F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: F. Nov. 20, 2023; eff. Dec. 10, 2023.
