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 3.02 - Registration Requirements and Examinations

Universal Citation: 239 MA Code of Regs 239.3

Current through Register 1531, September 27, 2024

(1) Registration as an Apprentice Embalmer. Any individual desiring to become an Apprentice Embalmer shall make application to the Board on a form provided for that purpose and pay any applicable fees. Said application shall contain the following:

(a) satisfactory written proof that the applicant is of good moral character;

(b) satisfactory written proof that the applicant holds a high school diploma or its equivalent;

(c) satisfactory written proof that the applicant is or will be employed on a full-time basis (at least 30 hours per week, up to half of which may be on call hours) by only one business entity which operates one or more Licensed Funeral Establishments in Massachusetts;

(d) the name and address of the business entity which employs or will employ the applicant;

(e) the name(s) and registration number(s) of the Type 3(s) to whom the Licensed Funeral Establishment's certificate was issued; and

(f) satisfactory written proof that the applicant has completed OSHA training related to biohazards/blood borne pathogens within 30 days prior to applying for this registration and for each year so registered.

(2) Registration as a Type 6. Any individual desiring to become a Type 6 shall make application to the Board on a form provided for that purpose and pay any applicable fees. Said application shall contain the following:

(a) satisfactory written proof that the applicant is 18 years of age or older;

(b) satisfactory written proof that the applicant is of good moral character;

(c) satisfactory written proof that the applicant holds a high school diploma or its equivalent;

(d) satisfactory written proof that the applicant has served as an Apprentice Embalmer for a period of not less than two years under the instruction and Personal Supervision of a Type 3;

(e) satisfactory written proof that the applicant has, during the period of service as an Apprentice Embalmer, as required under 239 CMR 3.02(2)(e), personally embalmed not less than 50 dead human bodies;

(f) satisfactory written proof that the applicant has attended at least 25 funeral or pre-need conferences with consumers;

(g) satisfactory written proof that the applicant has achieved an associate's degree in mortuary science from a program meeting the accreditation requirements of the American Board of Funeral Service Education, or the equivalent thereof as determined by the Board;

(h) satisfactory written proof that the applicant has achieved a passing grade on the examination prescribed by the Board; and

(i) a certification that said applicant will act as a Funeral Director only in the employ of a Type 3 in a Licensed Funeral Establishment where the applicant shall be conducting, directing, and keeping up said establishment. Applicants must also agree to notify the Board at all times where they are employed utilizing a certification approved by the Board.

(3) Registration as a Type 3. Any Type 6 desiring to become a Type 3 shall make application to the Board on a form provided for that purpose and pay any applicable fees. Said application shall contain satisfactory written proof that the applicant holds an ownership interest of at least 10% in the business entity which holds the funeral establishment certificate for, and operates, the Licensed Funeral Establishment to which he or she will be registered. Where such business entity is a corporation, the applicant must show that he or she owns at least 10% of the authorized and issued stock of that corporation. Where the Licensed Funeral Establishment is operated by a partnership, the applicant must show that he or she owns at least a 10% share of that partnership.

(4) Registration as a Funeral Home Assistant. Any individual desiring to become a Funeral Home Assistant shall make application to the Board on a form provided for that purpose and pay any applicable fees. Said application shall contain the following:

(a) satisfactory written proof that the applicant is of good moral character;

(b) satisfactory written proof that the applicant holds a high school diploma or its equivalent;

(c) satisfactory written proof that the applicant is or will be employed by only one sole proprietorship, partnership, corporation, association, limited liability partnership, limited liability company, or other business entity which operates one or more Licensed Funeral Establishments in Massachusetts;

(d) the name and address of the business entity which employs or will employ the applicant;

(e) the name and registration number of the Type 3 to whom the applicant will be registered, and who will be responsible for providing supervision of the applicant's activities as Funeral Home Assistant;

(f) satisfactory written proof that the applicant has completed OSHA training related to biohazards/blood borne pathogens within 30 days prior to applying for the registration; and

(g) satisfactory written proof that the applicant meets one of the following educational criteria:
1. holds an associate's degree in mortuary science from a program meeting the accreditation requirements of the American Board of Funeral Service Education;

2. has completed Board approved training in the following areas:
a. General Public Health;

b. Ergonomics; and

c. Funeral Service Law and Ethics.

3. Applicants who have funeral related experience or education that do not fall within the specific provisions of 239 CMR 3.02(6)(g)1. or 2. may submit to the Board a written request that such experience or education be considered for approval as the equivalent of the education requirements.

(5) Inactive Status Registrations. A Type 3 or Type 6 who does not engage in the Profession and Business of Embalming and Funeral Directing in the Commonwealth may have his or her registration placed on inactive status by requesting such status in writing in a form prescribed by the Board. To maintain an inactive status registration, the Type 3 or Type 6 must annually renew his or her registration under inactive status and complete normally required continuing education. While registered under inactive status, the Type 3 or Type 6 shall no longer be eligible to engage in the Profession and Business of Embalming and Funeral Directing in the Commonwealth. Engaging in the Profession and Business of Embalming and Funeral Directing while registered under inactive status shall constitute unregistered practice under M.G.L. c. 112, § 65(b).

(6) Reinstatement of a Lapsed Registration. Pursuant to M.G.L. c. 112, § 84, where a registrant fails or is unable to renew his or her registration within one year of its expiration, the former registrant shall be required to provide satisfactory proof of the completion of continuing education Contact Hours required for each year of lapsed registration status and meet the provisions of M.G.L. c. 112, § 83 relative to original registration in order to reinstate his or her registration which includes payment of applicable fees and examination.

(7) Registration by Endorsement. An individual who holds out of state credentials may be permitted to take the Massachusetts examination without further apprentice requirements upon written petition to the Board showing the following:

(a) The applicant holds a license/certificate/registration in another state in funeral directing and embalming which is valid and in good standing and is substantially equivalent to the Massachusetts Funeral Director Registration;

(b) The applicant holds an associate's degree in mortuary sciences; and

(c) Evidence that the applicant is of good moral character.

Disclaimer: These regulations may not be the most recent version. Massachusetts 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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