Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Definitions. The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
otherwise:
Board administrator-An employee of the
Bureau with responsibility to administer the business of the Board or another
employee assigned to assist this person.
Citation-A notice of a violation
beginning disciplinary action issued under section 5(a) of the act of July 2,
1993 (P. L. 345, No. 48) (63 P. S. §
2205(a)) in accordance with
Chapter 43b (relating to Commissioner of Professional and Occupational
Affairs).
Closing inspection-An inspection
performed for the purpose of determining whether a licensed funeral
establishment that has discontinued business, changed location or notified the
Board of its intent to discontinue business or change location has complied
with the act and this chapter.
Complaint-A document filed with the
Professional Compliance Office alleging one or more violations of the act or
this chapter.
Follow-up inspection-An inspection
relating to a prior inspection in which the funeral establishment was
determined to be in noncompliance with the act or this chapter. This inspection
is conducted for the purpose of determining whether the noncompliant element of
the establishment has been brought into compliance.
Inspection-
(i) A visual examination, observation or view
of a funeral establishment by an agent of the Bureau of Enforcement and
Investigation, including an examination, observation or view of any of the
following:
(A) The buildings, fixtures,
equipment, implements and materials of the funeral establishment.
(B) Licenses of employees of the funeral
establishment.
(C) Documents, forms,
advertising and other records required by the act, this chapter or the
regulations of the Federal Trade Commission in 16 CFR Part 453 (relating to
funeral industry practices).
(D)
Other matters that pertain to initial and continued licensure for the purpose
of determining a funeral establishment's compliance with licensure
requirements.
(ii) The
term includes an oral interview or examination of an employee, agent or
licensee with a principal place of business at the funeral establishment, or a
licensee who assists at the funeral establishment, for the purpose of obtaining
information that pertains to the visual examination.
Inspector-An employee under the
supervision and direction of the Director of the Bureau of Enforcement and
Investigation, regardless of employment classification or title of position
assigned by the Office of Administration, who is a licensed funeral director
who has been actively engaged in the practice of the profession of funeral
directing for at least 10 years.
Investigation-An activity conducted in
response to a complaint filed with the Professional Compliance Office regarding
an alleged violation of the act or this chapter, or in response to a suspected
violation discovered during an inspection, for the purpose of gathering
evidence reasonably calculated to determine whether a violation has
occurred.
New funeral establishment inspection-An
inspection relating to an application for a funeral establishment
license.
Routine inspection-An inspection
performed for the purpose of determining compliance of a licensed funeral
establishment with the provisions of the act, this chapter or 16 CFR Part
453.
(b)
Authority
and rationale.
(1) The profession of
funeral directing is a heavily regulated profession.
(2) Section 16(b) of the act (63 P. S. §
479.16(b)) requires the
Board to appoint mortuary inspectors.
(3) Under section 16(b) of the act,
inspectors are empowered to serve all processes and papers of the Board and
have the right of entry into any place, where the business or profession of
funeral directing is carried on or advertised as being carried on, for the
purpose of inspection and for investigation of complaints filed with the
Professional Compliance Office and for other matters as the Board may
direct.
(4) The Board finds that
the periodic inspection of the premises at which the profession of funeral
directing is carried on or advertised as being carried on is necessary to serve
several important governmental interests, including:
(i) Ensuring that the public is protected
against acts, practices and conditions in the profession of funeral directing
that are inimical to public health, safety, welfare and fair consumer
transactions.
(ii) Promoting price
competition among practitioners of the profession of funeral directing by
ensuring that economic advantage is obtained through efficient and sound
business practices and not through acts, practices or conditions in the
profession of funeral directing that compromise public health, safety, welfare
or fair consumer transactions.
(iii) Educating and informing practitioners
in the profession of funeral directing of the legal requirements of the
profession and of economical and practical means of complying with Federal and
State law.
(5) The Board
finds that it has been the practice of the Bureau of Enforcement and
Investigation to regulate the conduct of inspections and investigations by
mortuary inspectors within appropriate limitations as to frequency, scope and
timing so as not to impose unreasonable burdens upon licensees.
(6) The Board finds that it is in the
interest of the public and of the regulated profession to memorialize a policy
regarding the conduct of inspections and investigations performed under the
act.
(c)
Limitations on inspections.
(1)
Frequency. Inspectors
will perform inspections within the following ranges of frequency:
(i)
Routine inspection. Each
funeral establishment licensed by the Board will be inspected no more than once
every 270 consecutive days and no less than once every 540 consecutive
days.
(ii)
New funeral
establishment inspection. A new funeral establishment will be
inspected within 30 days of the date of a request by the Board
administrator.
(iii)
Follow-up inspection. An existing funeral establishment, new
funeral establishment, funeral establishment in which ownership is being
transferred or a closing funeral establishment in which a deficiency was noted
or reported will be inspected no sooner than 7 days and no later than 30 days
from the date that the deficiency was noted or reported, or within 30 days of a
follow-up inspection in which a prior reported deficiency was found to be
uncorrected. This standard is directory and not mandatory. This limit may be
extended if, in the exercise of the sound discretion of the inspector or the
Bureau of Enforcement and Investigation, additional time is warranted or other
priorities require more immediate attention.
(2)
Time. Inspectors will
perform routine inspections, new funeral establishment inspections, closing
inspections and follow-up inspections only between Monday and Friday during the
hours of 8 a.m. and 5 p.m., excluding State holidays.
(3)
Scope. Inspectors will
limit the scope of new funeral establishment inspections, routine inspections,
follow-up inspections and closing inspections to information required for the
completion of forms designed by the Bureau of Enforcement and Investigation and
ratified by the Board. As of the date of the adoption of this statement of
policy, the form that is in use is an electronic form.
(i) During the course of an inspection, an
inspector is not authorized to demand production of documents, or to demand
entrance to a part of the premises of a funeral establishment, that are not
within the scope of the subject matter of approved inspection report
forms.
(ii) During the course of a
follow-up inspection, an inspector will limit the scope of the inspection to a
review of the previously reported deficiency.
(4)
Notice of inspection.
(i)
General rule. Routine
inspections and follow-up inspections will be conducted without prior notice to
the funeral establishment, its owners, officers, employees or funeral directors
practicing at the funeral establishment. New funeral establishment inspections
and closing inspections will be scheduled in advance.
(ii)
Exceptions. Within the
sound discretion of the Director of the Bureau of Enforcement and
Investigation, an inspector may schedule an appointment to conduct a routine
inspection or follow up inspection in the following circumstances:
(A) The funeral establishment is
geographically remote or isolated and an unscheduled inspection would consume
an unreasonable amount of time if a person was not present upon the arrival of
the inspector.
(B) The funeral
establishment is not open Monday through Friday from 8 a.m. to 5 p.m.
(5)
Amendments,
modifications and changes to scope of inspections. The Board will
ratify amendments, modifications or changes to the scope of inspection forms
only if amendments, modifications or changes include subjects that are within
the Board's jurisdiction as defined by statutes enacted by the General Assembly
and interpreted by judicial decision.
(6)
Observation of actual or
suspected violations in the conduct of inspections.
(i)
General rule. An
inspector is authorized to issue a citation, or refer for further investigation
or formal disciplinary action, observed actual or suspected violation of the
act or this chapter which is within the scope of the inspection report forms
ratified by the Board.
(ii)
Evidence in plain view of violations not within the scope of inspection
report forms.
(A)
Observed
actual violations. If, during the course of an inspection, an
inspector observes evidence in plain view of an actual violation of the act,
this chapter, 16 CFR Part 453 or other law and the violation is not within the
scope of the inspection report forms ratified by the Board, the inspector is
authorized to issue a citation or report the observed violation for
investigation or formal disciplinary action.
(B)
Observed suspected
violations. If, during the course of an inspection, an inspector
observes evidence in plain view of a suspected violation of the act, this
chapter, 16 CFR Part 453 or other law and the violation is not within the scope
of the inspection report forms ratified by the Board, the inspector is
authorized to report the suspected violation for further investigation or
formal disciplinary action.
The provisions of this §13.253 issued under
sections 11, 13, 15 and 16(a) of the Funeral Director Law (63 P. S.
§§
479.11,
479.13,
479.15 and
479.16(a)).
