(1) A Licensed Funeral Establishment may
employ Funeral Home Assistants, provided that all of the following conditions
are met:
(a) Each Funeral Home Assistant so
employed is duly registered with the Board pursuant to
239 CMR
3.02.
(b) Each Funeral Home Assistant so employed
is registered to a Type 3 employed by the same entity which employs that
Funeral Home Assistant. The Funeral Home Assistant shall work at all times
under the instruction and supervision of that Type 3, who shall be held
responsible for all acts or omissions of that Funeral Home Assistant which
occur while that person is acting within the scope of said
employment.
(c) Each Funeral Home
Assistant so employed complies with any and all applicable requirements of
M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239
CMR.
(d) The entity which employs a
Funeral Home Assistant shall promptly inform the Board, in writing, of any
change in the identity of the Type 3 to whom that Funeral Home Assistant is
registered, and of any change in the name and address of the Licensed Funeral
Establishment(s) in which each Funeral Home Assistant works.
(e) If there is a change in the employment
status of any such Funeral Home Assistant, the Funeral Home Assistant as well
as the Type 3 to whom he or she is registered must notify the Board in writing
within seven business days.
(f) The
address of the license for a Funeral Home Assistant shall be the Licensed
Funeral Establishment where the Funeral Home Assistant is employed.
(g) Upon termination of employment, a Funeral
Home Assistant registration shall become null and void, a new registration must
be sought for new employment.
(2) 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 Funeral
Home Assistant employed by said Licensed Funeral Establishment and registered
under 239 CMR 3.18.
(3) For
purposes of upgrading to a Type 3 or Type 6, a Funeral Home Assistant shall not
be deemed an Apprentice Embalmer and shall not be granted credit for a higher
level registration based on that experience without special board
approval.
(4)
Scope of
Practice of Funeral Home Assistants.
(a) Funeral Home Assistants may, while under
the supervision of a Type 3 (that Type 3 may delegate such supervision to a
Type 6):
1. perform the removal or transfer of
a dead human body in a vehicle registered as a hearse. With permission of a
supervisor (Type 3 or Type 6), Funeral Home Assistants may perform removals
without the presence of a supervisor so long as a supervisor has personally
accompanied the Funeral Home Assistant on the first 20 removals/transfers
performed during the course of their licensure;
2. assist in dressing, casketing, and general
handling of human remains; and
3.
assist in all other funeral related tasks otherwise not requiring a
license/registration.
(b) Funeral Home Assistants may not:
1. participate in embalming;
2. arrange or direct any funeral, memorial,
or cremation service; or
3.
arrange, handle, or have any other duties regarding pre-need funds.
