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 3.03 - Employment of Apprentice Embalmers
Current through Register 1531, September 27, 2024
A Licensed Funeral Establishment may employ Apprentice Embalmers to prepare or assist in the preparation of dead human bodies for burial, cremation or other final disposition, provided that all of the following conditions are met:
(1) Each Apprentice Embalmer so employed is duly registered with the Board pursuant to 239 CMR 3.02.
(2) Each Apprentice Embalmer is 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 the Commonwealth of Massachusetts.
(3) Each Apprentice Embalmer so employed is registered to a Licensed Funeral Establishment operated by the business organization which employs that Apprentice Embalmer. The Apprentice Embalmer shall work at all times under the instruction and Personal Supervision of a Type 3 employed by the business organization which operates said Licensed Funeral Establishment and/or a Type 6 employed by the Type 3.
(4) The Type 3(s) to whom the funeral establishment certificate was issued for the Licensed Funeral Establishment under which that Apprentice Embalmer is registered as well as any supervising Type 6(s) shall also be held responsible for all acts or omissions of that Apprentice Embalmer which occur in the course of that Apprentice Embalmer's employment with that entity.
(5) Each Apprentice Embalmer so employed complies with any and all applicable requirements of M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239 CMR;
(6) The business entity which employs an Apprentice Embalmer notifies the Board, in writing, within seven business days of any change in the name and address of the Licensed Funeral Establishment(s) in which each such Apprentice Embalmer works.
(7) If there is a change in the employment status of any such Apprentice Embalmer, the business entity which employed that Apprentice Embalmer submits to the Board a written affidavit indicating the length of time that the Apprentice Embalmer was employed as such.
(8) The total number of Apprentice Embalmers employed by any one entity does not exceed one Apprentice Embalmer for each 50 cases, or fraction thereof, for which funeral goods or services were provided by that entity during the preceding two calendar years.
(9) The address of the license for an Apprentice Embalmer shall be the Licensed Funeral Establishment where the Apprentice Embalmer is employed.
(10) Upon termination of employment, an Apprentice Embalmer registration shall become null and void within 30 days, unless the Apprentice Embalmer secures employment with another Licensed Funeral Establishment.
(11) Apprentice Embalmers may perform the removal or transfer of a dead human body in a vehicle registered as a hearse after requisite permission for such a removal has been obtained by the supervisor (Type 3 or Type 6) so long as said supervisor has personally accompanied the registrant for the first 20 removals/transfers performed during the course of their employment as an Apprentice Embalmer.
(12) Upon the request of the Board, or a duly authorized representative thereof, a Licensed Funeral Establishment shall furnish to the Board satisfactory written proof of employment for any Apprentice Embalmer employed by said Licensed Funeral Establishment and registered under 239 CMR 3.03.
