Code of Massachusetts Regulations
239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING
Title 239 CMR 3.00 - Registration Requirements; Standards of Business and Professional Practice
Section 3.01 - Definitions
For purposes of 239 CMR, the following terms shall have the following meanings:
Advertising. The use of any marketing or public relations materials including but not limited to all print or electronic media, letters, signs, business cards, and stationery to promote the availability of services of a registrant of the Board or Licensed Funeral Establishment.
Apprentice Embalmer. Any individual engaged in learning the practice of embalming and funeral directing who is duly registered by the Board and who is registered to a Licensed Funeral Establishment and working under the instruction and Personal Supervision of a Type 3 or a Type 6 employed by the Type 3; provided that no individual shall begin to serve as an Apprentice Embalmer unless he or she has been registered as such by the Board pursuant to 239 CMR 3.02. An Apprentice Embalmer registration shall not be renewed after six years from the date the registration was initially granted unless given special Board approval.
Board. The Massachusetts Board of Registration in Embalming and Funeral Directing established pursuant to M.G.L. c. 13, § 29.
Embalmer. Any individual engaged, or holding himself or herself out as engaged, in the Profession and Business of Embalming and Funeral Directing, whether on his or her own behalf or in the employ of a Type 3.
Funeral Director. Any individual engaged, or holding himself or herself out as engaged, in the Profession and Business of Embalming and Funeral Directing.
Funeral Home Assistant. Any individual duly registered as a Funeral Home Assistant by the Board who is registered to and working under the Personal Supervision of a Type 3 (that Type 3 may delegate such supervision to an employed Type 6); provided that no individual shall begin to serve as a Funeral Home Assistant unless he or she has been registered as such by the Board pursuant to 239 CMR 3.02. A Funeral Home Assistant may perform only the services outlined in 239 CMR 3.18.
Licensed Funeral Establishment. A fixed place or establishment privately owned or maintained by a person, partnership, corporation, association or other organization which has been duly registered by the Board pursuant to M.G.L. c. 112, § 83 and which is located, constructed, equipped and operated for the purpose of providing sanitary handling, preparation, disposition and care of dead human bodies.
LLC. Any "limited liability company" or "foreign limited liability company", as defined by M.G.L. c. 156C, § 2.
LLP. Any "registered limited liability partnership" or "foreign registered limited liability partnership", as defined in M.G.L. c. 108A, § 1.
Person. An individual; a corporation; a partnership; a limited liability company or foreign limited liability company as defined in M.G.L. c. 156C, § 1; a registered limited liability partnership or foreign registered limited liability partnership as defined in M.G.L. c. 108A, § 1; a society; an association; an organization; or any other business entity, however named.
Personal Supervision. Being supervised by an individual in the same building unless the only activity being performed is removing human remains under the orders of a supervisor and performed within the scope of the registration held. For purposes of conferences with consumers for the purposes of making funeral or pre-need arrangements, Personal Supervision of Apprentice Embalmers must be provided within the same room. For purposes of embalming, an Apprentice Embalmer must have same room supervision only for the first 25 dead human bodies.
Profession and Business of Embalming and Funeral Directing. Includes, but shall not be limited to, the sale or provision of any of the following goods or services:
(a) consulting with members of the general public about, and/or making arrangements concerning the disposition of human remains, including arrangements for cremation for compensation;
(b) removing a human body from the place of death;
(c) transporting human remains;
(d) embalming;
(e) performing restorative and cosmetic work on human remains, including hairdressing;
(f) dressing, and retail sale of clothing for use in dressing, human remains;
(g) casketing of human remains;
(h) the sale of caskets, either at retail or at wholesale, and/or rental of caskets to the general public;
(i) arranging for disposition of flowers used in funerals or funeral services;
(j) making arrangements for obituaries and death notices in newspapers, the internet, radio and television;
(k) making cemetery, cremation and/or anatomical gift arrangements at the request of the decedent or the decedent's family;
(l) providing hearses, flower vehicles, limousines and sedans in connection with a funeral;
(m) arranging for services and officiant at the interment of human remains;
(n) providing assistants during visiting hours and at the funeral service, and for other funeral service related functions and responsibilities;
(o) securing and processing required documents, including but not limited to death certificates, burial/transfer permits, certified copies of death certificates, and visas for foreign shipment of human remains;
(p) making arrangements with medical examiners;
(q) providing acknowledgement cards, register books, local and long distance telephone messages and telegrams in connection with a funeral;
(r) preparing, negotiating or executing any pre-need funeral contract, or receiving, controlling or managing any funds tendered as payment for the Funeral Goods and/or Services identified in such a pre-need funeral contract, as defined in 239 CMR 4.00: Pre-need Funeral Contracts and Arrangements;
(s) disposition of ashes or cremated remains; and
(t) The Profession and Business of Embalming and Funeral Directing shall also include engaging in such other activities, including Advertising, as are considered to be a part of the business, practice, science or profession of embalming or funeral directing, as commonly practiced.
Type 3. A Funeral Director and Embalmer who is duly registered as a Type 3 by the Board pursuant to M.G.L. c. 112, § 83 and licensed by a city or town pursuant to M.G.L. c. 114, § 49, who meets the qualifications outlined in 239 CMR 3.02(3)(a).
Type 6. A Funeral Director and Embalmer who is duly registered as a Type 6 by the Board pursuant to M.G.L. c. 112, § 83, who meets the qualifications outlined in 239 CMR 3.02(2) and who has been sworn in by the Board. A Type 6 may practice embalming, but may otherwise practice funeral directing only when holding a license issued by a city or town pursuant to M.G.L. c. 114, § 49 and when working as an employee in a Licensed Funeral Establishment. A Type 6 who performs funeral services when not so employed shall be considered acting outside the scope of his or her registration and shall face disciplinary action. Said registrants may not sign death certificates and may utilize only stationery, or other funeral related contracts or documents on behalf of his or her employing Licensed Funeral Establishment and Type 3. Type 6s may conduct pre-need funeral arrangements only pursuant to 239 CMR 3.04(5).
