201 KAR 15:110. Funeral establishment
criteria.
RELATES TO: KRS 316.010, 316.030, 316.125,
316.127, 16 C.F.R. 453.2(b)(2)-(5), 29 U.S.C. 651
STATUTORY AUTHORITY: KRS 316.210(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
16.125(1) requires a license from the board for the operation of a funeral establishment.
KRS 316.210(1) authorizes the board to promulgate administrative regulations to
carry out and enforce the provisions of KRS Chapter 316. This administrative
regulation establishes the minimum requirements for the licensing and operation
of a funeral establishment.
Section 1. Definitions. (1)
"Chapel" means an area where a family and the public may pay their
respects to a deceased human being, or an area where funerals or memorial
services can be held, and which is a separate and distinct area from the
preparation room.
(2) "Preparation room" means an
area with a minimum of 100 square feet, which is used exclusively to prepare
dead human bodies for final disposition if arterial or cavity injection is a
function of the establishment, and which is separate and distinct from the viewing
area, chapel, or any other part of the establishment.
(3) "Viewing area" means an
area in which a family and the public may pay their respects to a deceased
human being.
Section 2. General Requirements. (1) The
interior and exterior of the establishment shall be kept free and clean of
litter, dirt, debris, and clutter or other objects or conditions which present
a potential or actual hazard to the health, safety, or welfare of the public
and the funeral establishment’s employees.
(2) A person shall not be permitted to be
in a preparation room during the course of embalming a dead human body except employees
of the establishment in which the human body is being embalmed, registered
apprentices, members of the family of the deceased, or authorized
representatives of the deceased, or any other individual otherwise allowed by
law.
(3) An establishment shall maintain the
following documents, if applicable:
(a) Board approved embalming reports
which set out the name of each body embalmed, the date of death, the date and
time that the embalming took place, the name and signature of the embalmer, and
the embalmer’s license number;
(b) Proper documentation of the
authorization to embalm, and the embalming reports shall be maintained for a
minimum of three (3) years; and
(c) Accurate and current copies of the
casket price list, the outer burial container price list, the general price
list, and the statement of funeral goods and services selected as required by
the Federal Trade Commission in 16 C.F.R. 453.2(b)(2) through (5), as maintained
in the general practice of the establishment.
(4) A license for an establishment shall
not be granted for establishments located in any public office building, strip
mall, public storage, mini-storage, mini-warehouse, multiunit storage complex,
or similar facility used by members of the general public for the storage of
goods.
(5) The building in which an
establishment is located shall be in conformity with the requirements of the
applicable state and local statutes, administrative regulations, ordinances,
and zoning provisions.
(6)(a) Each establishment shall display a
sign which identifies the name of the establishment.
(b) The sign shall be in a location that
is visible from an adjacent public road.
(7) An establishment shall have adequate
rest room facilities for members of the public if there will be public funeral
services or visitation or ceremonial services conducted in the establishment.
Section 3. Visitation and Ceremonial
Funeral Service Establishment. (1) All new Visitation and Ceremonial Funeral
Service Establishments that provide visitation and ceremonial funeral services
shall have facilities which meet the following requirements:
(a) The establishment shall have a
viewing area or chapel which shall be at least 400 square feet in size.
(b) The establishment shall have the
applicable equipment necessary for conducting and arranging funeral services, including:
1. Tables or desks and chairs for
arrangement conferences;
2. Seating for the viewing room;
3. Casket bier;
4. Register book stand;
5. Officiant stand;
6. Flower display stands; and
7. Organ, piano, music-producing
equipment, or any suitable combination of these items.
(2) Existing visitation and ceremonial
funeral establishments that are subject to the "grandfather clause"
of KRS 316.127 shall have until July 31, 2007 to meet the requirements
established in subsection (1) of this section.
Section 4. Embalming Service
Establishment. (1) An establishment that provides embalming services shall have
facilities and a preparation room which comply with the requirements of the Occupational
Safety and Health Act, 29 U.S.C. 651 and shall also require:
(a) At least one (1) approved embalming
table and all professional instruments necessary for embalming and the preparation
of dead human bodies; and
(b) That a preparation room shall not be
used as a storage area other than for supplies pertaining to the embalming and
preparation of dead human bodies.
(2) Human remains shall not be prepared
for disposition except by a licensed embalmer or a Level 2 apprentice, in accordance
with the provisions of KRS 316.030, in a preparation room which meets the
requirements of this administrative regulation.
(3) All windows and doors shall be
constructed or screened to prevent persons from looking into the preparation
room.
(4) Each preparation room entrance shall
be lockable and shall display a sign indicating private or restricted entry.
(5) Licensed embalmers may perform
removals and transport dead bodies.
Section 5. Full Service Funeral
Establishments. (1) In addition to the regulatory requirements set forth in
Sections 3 and 4 of this administrative regulation, a new full service funeral
establishment shall meet the following additional requirements:
(a) The establishment shall have an area
available to the public devoted to the display of funeral merchandise. Caskets
or casket sections may be viewed by sample, computer, catalog, or other display
that corresponds to the current general price list for the funeral
establishment; and
(b) In addition to the viewing area or
chapel, the establishment shall have a separate room or office for arranging
funerals. This room may be used to satisfy the requirements of paragraph (a) of
this subsection.
(2) Existing full service funeral
establishments that are subject to the "grandfather clause" of KRS
316.127 shall have until July 31, 2007 to meet the requirements established in
subsection (1) of this section.
Section 6. Inspections. (1) Each
establishment shall be subject to inspection at the convenience of a board
inspector.
(2) The inspector shall inspect the
establishment to see if it has suitable and dignified quarters appropriate for
the category of services for which it is licensed.
(3) An establishment that provides
embalming services shall have completed and signed embalming reports available
for inspection.
(4) The following forms shall be
available for inspection, with a copy available to the inspector for the
inspector's records:
(a) A current general price list of
charges for services to the public;
(b) A current price list of caskets as
charged to the public; and
(c) A current price list of outer burial
containers as charged to the public.
Section 7. Establishment Supervisor. (1)
Each facility establishment shall have a Kentucky-licensed funeral director and
a Kentucky-licensed embalmer or an individual licensee as required by KRS
316.125(2)(b)4 to manage and supervise the facility.
(2) The establishment shall notify the
board of a change of the funeral director or the embalmer supervisor in the
form of an affidavit signed by the licensed owner and the new supervisor within
five (5) working days of the change.
(3) A supervisor who leaves the
employment of an establishment shall notify the board within five (5) working
days.
Section 8. Transferability. (1)
Establishment licenses shall not be transferable.
(2) If a sale, lease, relocation, or name
change occurs:
(a) The existing establishment license
may remain in force by mutual consent of the parties for a period of thirty
(30) days or until the next regularly scheduled board meeting, whichever comes
first.
(b) During the transition period, the
establishment shall be operated under the name shown on the existing license
until a new license is issued.
(c) An application for a new license
shall be submitted for review at the next board meeting following the sale,
lease, relocation, or name change.
(3)(a) Following the death of a
Kentucky-licensed owner, funeral director, or embalmer, the establishment may
operate for ninety (90) days while under temporary supervision by a licensed
funeral director or embalmer. A licensee who is already identified as the
supervisor for another establishment under KRS 316.125(4) may act as the
temporary supervisor for the establishment under this section for the limited
ninety (90) day period.
(b) The temporary supervisor shall be
identified to the board in writing within fifteen (15) days of the death of the
Kentucky-licensed owner, funeral director, or embalmer.
(c) A licensee may be the temporary
supervisor for only one (1) establishment at a time.
Section 9. Opening of an Establishment.
(1) An establishment shall not be operated or be opened for business prior to
the issuance of an establishment license by the board for that establishment.
(2) Violation of this section shall be
grounds for denial of the application for a license by the board.
Section 10. Advertising and Signage. (1)
An establishment shall use the exact name listed on the license for the establishment
in all advertisements and signage.
(2) Descriptive terms shall be distinctly
separated from the name of the establishment in all signage and advertisements
unless registered as part of the official name.
(3) Any advertising, designation, or
signage for the funeral establishment shall match the classification on the
establishment’s license.
Section 11. Publication of Obituary. A
licensed establishment which conducts a funeral service and agrees to draft and
arrange the publication of an obituary, shall list the name of the licensed funeral
director who arranges and conducts the service as well as the name and address
of the establishment that the funeral director is practicing through.
Section 12. Incorporation by Reference. (1)
Application for Funeral Establishment, 2006 edition, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky Board
of Embalmers and Funeral Directors, 8412 Westport Road, Louisville, Kentucky
40242-7025, Monday through Friday, 8 a.m. to 4:30 p.m. (33 Ky.R. 652; 1066;
eff. 11-3-2006; 34 Ky.R. 1528; 1948; eff. 3-7-2008.)
