201 KAR 15:110. Funeral establishment criteria

Link to law: http://www.lrc.ky.gov/kar/201/015/110.htm
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
      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.)