Section .0100 ‑ Resident Trainees

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 34 - funeral service/subchapter b/subchapter b rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
SUBCHAPTER 34B ‑ FUNERAL SERVICE

 

SECTION .0100 ‑ RESIDENT TRAINEES

 

Editor's Note:  21 NCAC 34B .0101 ‑ .0125 was

recodified from 21 NCAC 34 .0201 ‑ .0225 Eff. February 7, 1991.

 

 

21 NCAC 34B .0101          CASE VOLUME OF ESTABLISHMENT

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(4);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

21 NCAC 34B .0102          TRAINEESHIP

Each trainee must work at least 2,000 hours during the

trainee's resident traineeship.  Daytime and nighttime employment shall be

acceptable so long as the trainee receives training in all aspects of the

license sought, as defined in G.S. 90-210.20(e), (f), and (k).

 

History Note:        Authority G.S. 90-210.23(a),(f); 90‑210.25(a)(1)d.,(2)d.,(3)d.,(4);

Eff. February 1, 1976;

Readopted Eff. September 27, 1997;

Amended Eff. December 1, 2004; August 1, 1998; August 1,

1988; October 1, 1983; September 1, 1979.

 

21 NCAC 34B .0103          AUTHORIZED PRACTICE: SUPERVISION

(a)  Duly certified resident trainees in training for

funeral service, duly certified resident trainees in training for funeral

directing and duly certified resident trainees in training for embalming, while

participating in learning experiences and while supervised by a person licensed

by the Board as a funeral service licensee, funeral director or embalmer,

respectively, may assist in the practice of funeral service, funeral directing

or embalming respectively, as limited by this Rule. 

(b)  A licensee wishing to supervise a trainee shall meet

the following requirements:

(1)           The licensee shall have either practiced

continuously in North Carolina for a minimum of five years before the date of

the application, or shall have taken a trainee supervisor certification course

provided by the Board; and

(2)           The licensee shall not have any

disciplinary action taken by the Board or the licensing board of any other

jurisdiction to suspend or revoke his or her license during the five years

preceding the application.

(c)  Duly certified resident trainees in training for

funeral service or for funeral directing, while participating in learning

experiences and while supervised by a person licensed by the Board as a preneed

sales licensee, may also assist in the preneed funeral planning activities

described in 21 NCAC 34D .0202(b)(1), (2), (4), and (5).

(d)  No credit shall be given for the resident trainee's

work that is unsupervised or performed under the supervision of a person not

registered with the Board as the resident trainee's supervisor.  If the

registered supervisor does not supervise the resident trainee for a continuous

period of more than two weeks, the traineeship under that supervisor shall

terminate, requiring a new traineeship application.  When a resident trainee

assists in funeral service, funeral directing, embalming or preneed funeral

planning on the funeral home premises, a licensed supervisor shall be on the

funeral home premises where and while such activities are performed; provided

that a licensed supervisor shall be present in the same room whenever a

resident trainee accepts any initial payment or negotiates any contract for

funeral services either at-need or pre-need with the public.  When a resident

trainee assists in funeral service, funeral directing, embalming or any funeral

planning off the funeral home premises, such activities shall be performed only

in the presence of a licensed supervisor employed with the establishment with

which the resident trainee is registered.

(e)  A licensed supervisor shall review with the purchaser

any contract negotiated by a resident trainee, and then the licensed supervisor

shall obtain the purchaser's signature on the contract in the licensed

supervisor's presence.

(f)  The resident trainee's license certificate for

indicating the trainee's authority to assist in the activities described and

authorized in this Rule and in 21 NCAC 34D .0202(b) is the resident trainee

pocket certificate.

 

History Note:        Authority G.S. 90‑210.23(a),(f); 90-210.25(a)(4),(5)d.;

90-210.67(a); 90-210.69(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; November 1, 2004; August 1,

1998; June 1, 1994.

 

21 NCAC 34B .0104          CHANGE IN EMPLOYMENT

Each resident trainee shall complete an application form

prescribed by the Board prior to making any change in employment during the

resident traineeship.  The form shall require the applicant to furnish the name

of the trainee, the former funeral establishment and supervisor, the dates of

services with the former funeral establishment, the proposed funeral

establishment and supervisor, the proposed effective date of the change, and

any other information the Board deems necessary as determined by law.

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(a)(4)c.;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. December 1, 2004; September 27, 1979.

 

21 NCAC 34B .0105          FUNERAL DIRECTOR TRAINEE APPLICATION

FORM

Applications for a funeral director resident

trainee shall be made on forms provided by the Board.  The applicant shall

furnish the applicant's photograph, name, address and biographical data; education;

employment history; criminal convictions; verification by the applicant; an

affidavit of a licensee that the trainee is serving under him or her; and any

other information the Board deems necessary as required by law.  A transcript

of the applicant's high school record must accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(4);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004.

 

21 NCAC 34B .0106          EMBALMER TRAINEE APPLICATION FORM

Applications for an embalmer resident trainee

shall be made on forms provided by the Board.  The applicant shall furnish the

applicant's photograph, name, address and biographical data; education; employment

history; criminal convictions; verification by the applicant; an affidavit of a

licensee that the trainee is serving under him or her; and any other

information the Board deems necessary as required by law.  A transcript of the

applicant's high school record must accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(4);



Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004.

 

21 NCAC 34B .0107          FUNERAL SERVICE TRAINEE APPLICATION

FORM

Applications for a funeral service resident

trainee shall be made on applications provided by the Board.  The form shall

require the applicant to furnish the applicant's photograph, name, address and

biographical data; education; employment history; criminal convictions;

verification by the applicant; an affidavit of a licensee that the trainee is

serving under him or her; and any other information the Board deems necessary

as required by law.  A transcript of the applicant's high school record must

accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(4);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Eff. November 1, 2004.

 

21 NCAC 34B .0108          TRAINEE POCKET CERTIFICATE

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(4);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. November 1, 1994.

 

 

 

21 NCAC 34B .0109          EFFECTIVE DATE OF CERTIFICATE

The certificate of resident traineeship shall

be effective upon the date of issuance thereof by the Board or its authorized

representative.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(4);

150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977.

 

 

 

21 NCAC 34B .0110          REPORTS ON WORK

The resident trainee shall submit a report to

the Board every month on a form provided by the Board.  The resident trainee

shall furnish the name of the trainee; the reporting period for the work

report; the name and address of the funeral establishment where the resident

trainee is serving; a description of the work performed during the preceding

month; and any other information the Board deems necessary as required by law. 

The form shall be signed by the resident trainee and must be certified as

correct by the licensee under whom the trainee served during the period and by

the manager of the funeral establishment.  The names of the deceased persons,

and the names of the purchasers of preneed funeral contracts, on whose cases

the trainee assisted and reported during traineeship must be retained by the

trainee until his traineeship requirement has been fulfilled, and during such

time such information shall be subject to inspection by the Board or its

authorized agent.  Such reports must be filed in the office of the Board not

later than the 10th day of the calendar month which immediately follows the

completion of each one month period of resident traineeship.  Failure to submit

such reports when due shall be sufficient cause for suspension or revocation of

the certificate of resident traineeship.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(f);

90‑210.25(a)(4)e.,(4)g; 90-210.67(a); 90-210.69(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November

1, 2004; June 1, 1994; August 1, 1988; September 1, 1979.

 

21 NCAC 34B .0111          WORK REPORT FORM

 

History Note:        Authority G.S. 90‑210.23(a),(d),(f);

90‑210.25(a)(4);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988; September 1, 1979;

Repealed Eff.

November 1, 2004.

 

21 NCAC 34B .0112          FUNERAL SERVICE AND FUNERAL DIRECTING

CASE REPORT FORM

21 NCAC 34B .0113          TRAINEE'S SUMMARY CASE REPORT FORM

21 NCAC 34B .0114          TRAINEE'S ACTIVITY REPORT FORM

21 NCAC 34B .0115          REPORTS ON STUDY SCHEDULE

21 NCAC 34B .0116          DESCRIPTION OF STUDY SCHEDULE

21 NCAC 34B .0117          ANATOMICAL DIAGRAM

21 NCAC 34B .0118          BOARD CHECK SHEET FOR TRAINEE

21 NCAC 34B .0119          FINAL AFFIDAVIT: RENEWAL CERTIFICATE

 

History Note:        Authority G.S. 90‑210.23(a),(f); 90‑210.25(a)(4);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0120          TRAINEE FINAL AFFIDAVIT FORM

Upon the conclusion of a resident traineeship with a

licensed supervisor, the supervisor shall submit an affidavit to certify that

the trainee has served and performed certain work under him as required by G.S.

90‑210.25(a)(4).  The affidavit shall be submitted within 30 days on

forms provided by the Board and require the affiant to furnish the names of the

licensee and the trainee; dates and place of service; the number of funerals,

preneed funeral contracts and embalmings that the trainee has assisted in

during traineeship; and any other information the Board deems necessary as

required by law.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(f);

90-210.25(a)(4)f.; 90-210.67(a); 90-210.69(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; November 1, 2004; June 1,

1994; August 1, 1988; September 1, 1979.

 

21 NCAC 34B .0121          EXPIRATION NOTICE

Prior to expiration of a resident trainee

certificate, the Board may notify the resident trainee that if eligible, the

traineeship may be renewed or may be certified as completed.  The notice shall

notify the trainee of the date of expiration, a recital of the renewal fee and

late renewal penalty, the date the fee must be received, and a recital that the

affidavit form is available to have the traineeship certified as completed, if

applicable.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(4)d;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0122          TRAINEE INCOMPLETE AFFIDAVIT FORM

21 NCAC 34B .0123          RESIDENT TRAINEE FEES

21 NCAC 34B .0124          AUTHORIZED PRACTICE OF STUDENT

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1),(2),(3),(4);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0125          MORTUARY SCIENCE STUDENT PERMIT CARD

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.29;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988; September 1, 1979;

Repealed Eff. November 1, 1994.

 

 

 

21 NCAC 34B .0126          FUNERAL DIRECTING AND FUNERAL SERVICE

TRAINING

To fulfill the requirements that funeral

director and funeral service trainees shall assist in directing at least 25

funerals during resident traineeship, such trainees shall, under supervision,

assist in all of the components of "funeral directing," as defined in

G.S. 90-210.20(f), but as limited by 21 NCAC 34B .0103; and to achieve this end

such trainees shall assist in, in at least 25 cases, activities of arranging

(whether performed at time of need or by assisting in preneed funeral planning

activities or a combination) and, in at least 25 cases, activities pertaining

to the funeral ceremony and disposition of the body.

 

History Note:        Authority G.S. 90-210.20(f);

90-210.23(a), (d), (f); 90-210.25(a)(4); 90-210.67(a); 90-210.69(a);

Eff. June 1, 1994.

 

 

 

 

SECTION .0200 ‑ EXAMINATIONS

 

 

Editor's Note:  21 NCAC 34B .0201 ‑ .0211 was

recodified from 21 NCAC 34 .0301 ‑ .0311 Eff. February 7, 1991.

 

 

21 NCAC 34B .0201          DATES OF EXAMINATIONS

 

History Note:        Authority G.S. 90-210.23(a); 90-210.22;

150B-11(1);

Eff. February 1, 1976

Amended Eff. September 9 ,1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979;

Repealed Eff. August 1, 1998.

 

 

 

21 NCAC 34B .0202          APPLICATIONS

(a)  Applicants to take the examination for a license shall

apply to the Board upon forms to be furnished by the Board.  The application

must be verified by the applicant and received by the Board at least 30 days

prior to the date of the examination.  Applicants are ineligible to take the

examination before completing their educational requirements.

(b)  If the applicant does not sit for all examinations

within 12 months of the filing date, the applicant forfeits the pending

application and fee, and the applicant shall submit a new application and fee.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1),(2),(3);



Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; October 1, 1983.

 

21 NCAC 34B .0203          APPLICATION FORM FOR FUNERAL

DIRECTOR'S LICENSE

Applications for the examination for a funeral director's

license shall be made on forms provided by the Board.  The applicant shall

furnish the applicant's photograph, name, address, biographical data,

education, employment history, criminal convictions, verification, and any

other information the Board deems necessary as required by law.  A certified

transcript of the applicant's mortuary science college record must be mailed

directly to the Board from the mortuary science college.  Three affidavits of

the moral character of the applicant submitted by three persons, in compliance

with G.S. 90‑210.26, must also accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; July 1, 1991; September 1,

1979.

 

21 NCAC 34B .0204          APPLICATION FORM FOR EMBALMER'S

LICENSE

Applications for the examination for an embalmer's license

shall be made on forms provided by the Board.  The applicant shall furnish the

applicant's photograph, name, address, biographical data, education, employment

history, criminal convictions, verification, and any other information the

Board deems necessary as required by law.  A certified transcript of the

applicant's mortuary science college record must be mailed to the Board

directly from the mortuary science college.  Three affidavits of the moral

character of the applicant submitted by three persons, in compliance with G.S.

90‑210.26, must also accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(2);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0205          APPLICATION FORM FOR FUNERAL SERVICE

LICENSE

Applications for the examination for a funeral service

license shall be made on forms provided by the Board.  The applicant shall

furnish the applicant's photograph, name, address, biographical data,

education, employment history, criminal convictions, verification, and any

other information the Board deems necessary as required by law. A certified

transcript of the applicant's mortuary science college record must be mailed to

the Board directly from the mortuary science.  Three affidavits of the moral

character of the applicant submitted by three persons, in compliance with G.S.

90‑210.26, must also accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(3);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0206          FINGERPRINT CARDS

21 NCAC 34B .0207          INSTRUCTIONS FOR COMPLETING

FINGERPRINT CARD

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1),(2),(3);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0208          PASSING SCORE

The passing score on all examinations administered by the

Board shall be such passing score that is established by the International Conference

of Funeral Service Examining Boards, Inc. and in effect at the time such

examinations are administered by the Board.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1),(2),(3);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0209          WHEN EXAMINATIONS MAY BE TAKEN

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1),(2),(3);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0210          REQUEST FOR REVIEW OF EXAMINATION

For the purpose of dealing with a request by an applicant

who has failed an examination for a review of his examination, the following

procedures shall apply:

(1)           If the examination was prepared by the Board:

(a)           The applicant shall make the request to the Board

orally or in writing.

(b)           Not later than 10 days following the receipt of

such request the Board shall notify the applicant, either orally or in writing,

of the date and time the applicant may appear in the offices of the Board to

review the examination in the presence of the Board or in the presence of one

or more duly designated representatives of the Board.

(c)           Nothing in this Rule shall be construed to give the

applicant the right to take from the Board offices any copies of the

examination or of the answers thereto.

(2)           If the examination was prepared and graded by the

International Conference of Funeral Service Examining Boards, Inc. (ICFSEB):

(a)           The applicant shall make his request to the ICFSEB

in writing.

(b)           The ICFSEB shall notify the applicant, either

orally or in writing, of the date and time the applicant may appear in the

offices of the ICFSEB to review the examination in the presence of the ICFSEB

or in the presence of one or more duly designated representatives of the

ICFSEB.

(c)           Nothing in this Rule shall be construed to give the

applicant the right to take from the ICFSEB offices any copies of the

examination or of the answers thereto.

 

History Note:        Authority G.S. 90‑210.23(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0211          NATIONAL BOARD CERTIFICATE

The Board shall accept a "National Board

Certificate," certifying the successful completion of the National Board

Examination of the International Conference of Funeral Service Examining Boards

Inc., as the equivalent of that portion of the Board's examination which deals

with basic health sciences, funeral service sciences, and funeral service

administration.  National Board Certificates shall be accepted for five years

from the date of issue for licenses issued under G.S. 90-210.25(a)(1), (2), or

(3).

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. February 1, 2009; November 1, 2004;

September 1, 1979.

 

21 NCAC 34B .0212          DISABILITIES OF APPLICANTS FOR

EXAMINATIONS

Applicants for examinations shall inform the Board in

writing, with their applications, if they have a disability which requires a

special accommodation to take the examination.  Applicants shall state the

nature of the disability and the type of accommodation requested.  The Board

may require proof of the disability.

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(a)(1), (2), (3);

Eff. November 1, 1994.

 

 

 

 

 

21 NCAC 34B .0213          EXPIRATION OF TEST SCORES

Passing scores earned on any examination administered by the

Board to obtain any license in North Carolina shall be valid for

five years from the date of examination. Any passing score earned

on any examination administered by the International Conference of Funeral

Service Examining Boards, Inc., ("ICFSEB") that has not been used to

receive a National Board Certificate, as defined in 21 NCAC 34B .0211, shall be

valid for five years from the date of examination for licenses issued under

G.S. 90-210.25(a)(1), (2), or (3).

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(a)(1),(2),(3);

Eff. February 1, 2009.

 

SECTION .0300 ‑ LICENSING

 

Editor's Note:  21 NCAC 34B .0301 ‑ .0309 was

recodified from 21 NCAC 34 .0401 ‑ .0409 Eff. February 7, 1991.

 

21 NCAC 34B .0301          ISSUANCE OF LICENSE: EXPIRATION

Applicants for a license who have passed the examination and

have met all of the other qualifications for licensure shall be so notified by

the Board, and their licenses shall be issued upon payment of the license fee. 

Such initial license shall expire on the December 31 of the year when issued.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(1),(2),(3),(5);

150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977.

 

21 NCAC 34B .0302          LICENSE CERTIFICATE FOR PRACTICE OF

FUNERAL DIRECTING

Upon issuing a

license to practice funeral directing, the Board shall send the licensee a

certificate containing the name of the licensee, signatures of the Board

members, and the date of issuance.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; August 1, 1988.

 

 

 

21 NCAC 34B .0303          LICENSE CERTIFICATE FOR PRACTICE OF

EMBALMING

Upon issuing a license to practice embalming,

the Board shall send the licensee a certificate containing the name of the

licensee, signatures of the Board members, and the date of issuance.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; August 1, 1988.

 

21 NCAC 34B .0304          LICENSE CERTIFICATE FOR PRACTICE OF

FUNERAL SERVICE

Upon issuing a license to practice funeral

service, the Board shall send the licensee a certificate containing the name of

the licensee, signatures of the Board members, and the date of issuance.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; August 1, 1988.

 

21 NCAC 34B .0305          CHANGE OF LICENSE REQUEST

A holder of both a license for funeral

directing and a license for embalming, may request a license for the practice

of funeral service.  The request shall be submitted in writing on forms

provided by the Board and shall require the licensee to furnish the applicant's

name and license numbers, a request for the change, the signature of the

licensee, and any other information the Board deems necessary as required by

law.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004.

 

21 NCAC 34B .0306          LICENSE FEES

21 NCAC 34B .0307          REINSTATEMENTS

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25

(a)(1),(2),(3); 150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0308          RENEWALS: NOTICES

The Executive

Director of the Board shall, on or about December 1 of each year, mail to each

licensee, to each holder of a funeral establishment permit and to each holder

of a courtesy card a written notice that said license, permit or courtesy card

shall expire as provided by law unless renewed.

 

History Note:        Authority G.S. 90‑210.23(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 1994.

 

 

 

21 NCAC 34B .0309          LICENSE RENEWAL FORM

To renew a funeral director, funeral service,

or embalmer's license, the licensee annually shall submit a form provided by

the Board.  The licensee shall designate whether the licensee is on active or

inactive status pursuant to G.S. 90-210.25(a).  A licensee designating active

status shall furnish the licensee's current place of employment, work address

and telephone number, any new criminal convictions since the licensee was

licensed, continuing education hours, the signature of the licensee, and any

information the Board deems necessary as required by law.  A licensee

designating inactive status also shall furnish the licensee's name, address and

telephone number, any new criminal convictions since the licensee was licensed,

the signature of the licensee, and any other information the Board deems

necessary as required by law.  The renewal form shall inform all licensees that

licenses will be forfeited if not renewed by February 1.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004.

 

21 NCAC 34B .0310          PRACTICE OF FUNERAL SERVICE OR FUNERAL

DIRECTING NOT AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED FUNERAL

ESTABLISHMENT

(a)  A funeral director or funeral service licensee

registered to practice under G.S. 90-210.25(a2) shall not use its business

office required by G.S. 90-210.25(a2)(2)a. to conduct the practice of funeral

service or funeral directing.  A funeral director or funeral service licensee

shall not hold out to the public that its business office is a funeral

establishment and shall not use a business name that misleads the public to

believe that its business office is a funeral establishment or operates or

maintains a facility that is a funeral establishment. 

(b)  An applicant to practice under the provisions of G.S.

90-210.25(a2) shall submit a form provided by the Board with an application

fee.  The applicant shall furnish the name, address, telephone number, and

county of location for the applicant and any business organization operating

under the laws of North Carolina, the license number of the applicant, the

location where the applicant shall shelter remains, the location where the

applicant uses as an embalming facility, the name and license numbers of any

other embalmers retained by a funeral director to embalm, and any other

information the Board deems necessary as required by law.  The applicant shall

complete a verification before a notary public.



 

History Note:        Authority G.S .90-210.20(h);

90-210.23(a); 90-210.25(a2)(2)a., b.; 90-210.27A(a), (i);

Eff. February 1, 2009.

 

21 NCAC 34B .0311          SPECIAL PROCEDURES FOR LICENSING OF

ACTIVE MILITARY PERSONNEL

(a)  Definitions.  As used in this Rule:

(1)           "Active military person" shall

mean any person holding an applicable license or permit from the Board who

meets the conditions of G.S. 105-249.2(a) and would be subject to any

continuing education requirement, renewal fee, or renewal application to renew

or reinstate any permit or license issued by the Board.

(2)           "Active military status" shall

mean any active military person who is not practicing funeral service, funeral

directing, or embalming because of military service.

(3)           "Active status" shall mean any

person holding a license to practice funeral directing, funeral service, or

embalming in good standing who has not been approved for an inactive license

under the provisions of G.S. 90-210.25(a1).

(4)           "Applicant" shall mean the active

military person or any person authorized to conduct business affairs for the

active military person under the authority granted by a power of attorney

executed under the laws of any state.

(b)  The following provisions shall apply to funeral

director, funeral service, and embalmer licenses only:

(1)           Any active military person wishing to claim

active military status shall file a form provided by the Board. The applicant

shall furnish the full name of the active military person; license number,

address and telephone number of the active military person; date of active

military service; anticipated date the active military person will resume

practice, if known; and documentation from the branch of service demonstrating

entitlement to active military status.  The Board shall notify the applicant in

writing of its decision on the application and shall place the active military

person on active military status upon approving the application.

(2)           No fees or renewal applications shall be

required during the period of active military status.  Continuing education

shall not be required for any calendar year when active military status is

effective.  Any calendar year in which continuing education is not required of

the active military person shall be credited toward the total years of

continuing education required by G.S. 90-210.25(a)(5)e.

(3)           Active military status shall terminate upon

the earlier of return to active status or upon six months after severance from

active military duty.

(4)           Any active military person may claim active

military status retroactively within six months from severance from active

military duty.

(5)           Any active military person whose license lapses

for failing to timely claim active military status shall be subject to the

provisions of reinstatement under G.S. 90-210.25(a)(5)b. and shall not be

entitled to any waivers of continuing education, renewal fees, or reinstatement

fees.

(6)           To return to active status, the active

military person shall file an application for renewal and renewal fee for the

calendar year regardless of the date of application.

(c)  If any funeral establishment, crematory, or preneed

establishment ceases operations because the active military person claims

active military status, all such licenses or permits shall terminate upon

transfer of the active military person to active military status.  If the

active military person resumes active status, any funeral establishment, preneed

establishment, or crematory shall be required to apply for a new license or

permit but shall only be required to pay the renewal fee to issue the new

license or permit.

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(a)(5),(a1); 93B-15(b);

Eff. October 1, 2010.

 

section .0400 – continuing education

 

Editor's Note:  21 NCAC 34B .0401 ‑ .0405 was

recodified from 21 NCAC 34 .0501 ‑ .0505 Eff. February 7, 1991.

 

 

21 NCAC 34B .0401          ESTABLISHMENT AND APPROVAL OF COURSES

The Board shall cause at least eight hours of continuing

education courses to be offered to the licensees annually, either directly or

through other organizations or persons procured for such purpose.  The Board

shall mail to each licensee for whose benefit the course is offered, at least 15

days prior to the date of enrollment, notice of the course and the amount of

any registration fee to be charged. 

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; November 1, 1994;

September 1, 1979.

 

21 NCAC 34B .0402          REQUIREMENT FOR LICENSE RENEWAL

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0403          REQUIREMENT FOR LICENSE REINSTATEMENT

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979;

Repealed Eff. August 1, 1998.

 

 

 

21 NCAC 34B .0404          CONTINUING EDUCATION CARD

All licensees shall complete a card provided

by the Board to certify that the licensee has taken continuing education

courses.  The form shall require the licensee to furnish the name of the

licensee, "in time" and "out time" at the course, the

license number, total hours, date, attestation by an authorized official who

may be an official of the entity sponsoring the course or a member of the Board

or its designated agent, and any other information the Board deems necessary as

required by law.  The form must be filed with the Board no later than the time

when evidence of having taken such courses is required for license renewal or

reinstatement.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0405          APPLICATION FORM FOR APPROVAL OF

COURSE

Applications for approval of a course of

continuing education shall be made on forms provided by the Board.  The

applicant shall furnish the date, name of the organization or person making the

application, description of the course, name and credentials of the instructor,

and a statement by the applicant of how the course will aid the licensee in

serving the public.  The form must be filed with the Board, when making

application, at least 30 days prior to the date of enrollment established for

the course.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(a)(5);

Eff. September 1, 1979;

Amended Eff. November 1, 2004; November 1, 1994.

 

21 NCAC 34B .0406          APPLICATION FORM FOR APPROVAL OF

SPONSOR

Applications for approval of a sponsor of

continuing education shall be made on forms provided by the Board.  The

applicant shall furnish the date, name of the organization or person making the

application, description of the sponsor and the types of courses it offers as

well as its requirements to be an instructor for its courses, and a statement

by the applicant of how its courses will aid the licensee in serving the

public.  The form must be filed with the Board, when making application, at

least 90 days prior to the first course the sponsor intends to offer for CE

credit.

 

History Note:        Authority G.S. 90‑210.23(a); 90-210.25(a)(5);

Eff. July 1, 2005.

 

21 NCAC 34B .0407          Definitions

For purposes of Section .0400, the following definitions

shall apply:

(1)           "Accredited sponsor" shall mean an

organization whose continuing education offerings have been accredited by the

Board.

(2)           "Approved activity" shall mean a

specific, individual continuing education activity presented by an accredited

sponsor or presented by other than an accredited sponsor if such activity is

approved as a continuing education activity under the Rules in this Section by

the Continuing Education Committee of the Board.

(3)           "Continuing education" or "CE"

is any educational activity accredited by the Board.  CE includes educational

activities designed principally to maintain or increase the professional

competence of licensees or the understanding of the professional

responsibilities of licensees.

(4)           "Continuing Education Committee" shall

mean the Continuing Education Committee of the North Carolina Board of Funeral

Service.

(5)           "Credit hour" means an increment of time

of 50 minutes which may be divided into segments of 25 minutes, but no smaller.

(6)           "Inactive licensee" shall mean a licensee

of the North Carolina State Board of Funeral Service who is on inactive status.

(7)           "Licensee" shall include any person who

is licensed by the Board to practice funeral directing, embalming, or funeral

service in the state of North Carolina and whose license is active.

(8)           "Participatory CE" shall mean courses or

segments of courses that encourage the participation of attendees in the

educational experience through, for example, the analysis of hypothetical

situations, role playing, mock trials, roundtable discussions, or debates.

(9)           "Self-study" shall mean the reading of

professional articles, journals, magazines, and books or the watching of programs

on the topics of funeral directing, embalming and funeral services that will

increase the licensee's professional competence and proficiency as a licensee.

(10)         "Sponsor" is any person or entity

presenting or offering to present one or more continuing education programs,

whether or not an accredited sponsor.

(11)         "Year" shall mean calendar year.

(12)         "Course" shall mean the instructional

content of the material being presented.

(13)         "CE Program" shall mean the date, time,

and location of the presentation of a CE course.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005;

Amended Eff. March 1, 2008.

 

21 NCAC 34B .0408          Continuing Education Program

(a)  For licensees required to complete CE as a prerequisite

to annual license renewal, the five hours of approved CE shall meet the

following requirements:

(1)           Up to two hours may be in courses required

by the Board.  If the Board requires licensees to take a particular required

course or courses, the Board shall notify licensees no later than October 1 of

the year preceding the calendar year in which the course(s) will be required.

(2)           Licensees may take up to two hours of

continuing education each year by computer-based CE approved by the Board as

set forth in 21 NCAC 34B .0414.

(3)           Licensees may not receive more than two

hours of credit for continuing education courses in preneed each year.

(4)           Licensees may not receive credit hours for

taking the same CE course within two years.

(b)  A newly admitted active licensee may include as credit

hours, which may be carried over to the next succeeding year, any approved

continuing education hours earned after that licensee's graduation from

mortuary science college.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005;

Amended Eff. January 1, 2009.

 

21 NCAC 34B .0409          COURSE Accreditation Standards

(a)  The content of a CE activity must have intellectual or

practical content designed to maintain or increase the participant's

professional competence and proficiency as a licensee or the participant's understanding

of the professional responsibilities of a licensee.  The activity shall

constitute an organized program course of learning dealing with matters

directly related to the practice of funeral directing, embalming, or funeral

service.  The activity shall include an opportunity for the participants to ask

questions of the presenter about its content.  Courses that cross academic

lines, such as insurance seminars, may be considered for approval by the

Board.  However, the Board must be satisfied that the content of the activity

is directly related to preneed or would otherwise enhance funeral directing and

funeral service skills.

(b)  Credit may be given for continuing education activities

where live instruction is used or mechanically or electronically recorded or

reproduced material is used, including videotape or satellite transmitted

programs. Subject to the limitations set forth in 21 NCAC 34B .0408(a) and 21

NCAC 34B .0414, credit may also be given for continuing education activities on

CD-ROM and on a computer website accessed via the Internet.

(c)  Continuing education materials shall be prepared, and

activities conducted, by an individual or group able to lead the CE activity

and to answer questions from the participants about its content.  Examples of

individuals and groups able to lead the CE activity and to answer questions

from the participants about its content include:

(1)           Funeral professionals licensed by the Board

or by the authority of another jurisdiction who are actively engaged full time

in a capacity consistent with the individual's license designation for at least

three years immediately preceding the date of the CE activity.

(2)           Instructors employed by a program or

college of mortuary science in a capacity consistent with the courses of study

required as a prerequisite to licensing, as defined in G.S. 90-210.25(a)(1)e1.,

(2)e1., and (3)e1. and 2.

(3)           Instructors employed by academic

institutions in a capacity consistent with the instruction of the courses of

study required as a prerequisite to licensing, as defined by G.S.

90-210.25(a)(1)e1., (2)e1., and (3)e1. and 2.

(d)  Continuing education activities shall be conducted in a

setting physically suitable to the educational activity of the program and

equipped with suitable writing surfaces and sufficient space for taking notes.

(e)  Thorough, high quality, and carefully prepared, written

materials must be distributed to all attendees at or before the time the course

is presented.  As used in this Paragraph, "thorough, high quality, and

carefully prepared written materials" means materials that correspond to

the content of the CE activity and are free from errors, including written

materials printed from a computer website or CD-ROM, but excluding any

materials that refer to a product of a specific manufacturer or to a service

offered by a specific provider.  The Board may waive the requirement that

written materials be provided if written materials would not be suitable or

readily available for the CE activity.

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005;

Amended Eff. March 1, 2008.

 

21 NCAC 34B .0410          Accreditation of Sponsors and Programs

(a)  Accreditation of Sponsors.  An organization desiring

accreditation as an accredited sponsor of courses, programs, or other

continuing education activities may apply for accredited sponsor status to the

Board. The Board shall approve a sponsor as an accredited sponsor if it is

satisfied that the sponsor's programs have met the standards set forth in 21

NCAC 34B .0409.

(b)  Presumptive Approval for Accredited Sponsors.

(1)           Once an organization is approved as an

accredited sponsor, the continuing education programs sponsored by that

organization are presumptively approved for credit and no application must be

made to the Board for approval.  The Board may at any time revoke

the accreditation of an accredited sponsor for failure to satisfy the

Rules in this Section.

(2)           The Board may evaluate a program presented

by an accredited sponsor and, upon a determination that the program does not

satisfy the requirements of 21 NCAC 34B .0409, notify the accredited sponsor

that any presentation of the same program, the date for which was not included

in the announcement required by 21 NCAC 34B .0411(e) below, is not approved for

credit.  Such notice shall be sent by the Board to the accredited sponsor

within 30 days after the receipt of the announcement.  The accredited

sponsor may request reconsideration of such a decision by submitting a letter

of appeal to the Board within 15 days of receipt of the notice of

disapproval.  The decision by the Board on an appeal is final.

(c)  Unaccredited Sponsor Request for Program Approval. Any

organization not accredited as an accredited sponsor that desires approval of a

course or program shall apply to the Board. The Board shall administer the

accreditation of such programs consistent with the provisions of 21 NCAC 34B

.0409. Applicants denied approval of a program may request reconsideration of

such a decision by submitting a letter of appeal to the Board within 15 days of

receipt of the notice of disapproval. The decision by the Board on an appeal is

final.

(d)  Licensee Request for Program Approval. An active

licensee desiring approval of a course or program that has not otherwise been

approved shall apply to the Board. Applicants denied approval of a program may

request reconsideration of such a decision by submitting a letter of appeal to

the Board within 15 days of the receipt of the notice of disapproval. The

decision by the Board on an appeal is final.

(e)  Program Announcements of Accredited

Sponsors.  At least 30 days prior to the presentation of a program,

an accredited sponsor shall file an announcement, on a form prescribed by the

Board, notifying the Board of the dates and locations of presentations of the

program, the sponsor's calculation of the CE credit hours for the program, and

the cost of the program to attendees.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005.

 

21 NCAC 34B .0411          General Course Approval

(a)  Mortuary Science College Courses – Courses covering

subjects required by G.S. 90-210.25(a)(1)e1., (2)e1., and (3)e1. and 2 that are

offered for academic credit by a mortuary science college approved by the Board

or accredited by the American Board of Funeral Service Education shall be

approved activities unless the course is taken to obtain a funeral director,

embalmer, or funeral service license.  Computation of CE credit for such

courses shall be as prescribed in 21 NCAC 34B .0415.  No more than five CE

hours in any year may be earned by such courses except in the cases of an

inactive licensee who is seeking to earn enough CE credit to return to active

status or an individual whose license has lapsed and who is seeking to

reinstate the license. No credit is available for mortuary science college

courses attended prior to becoming an active licensee of the North Carolina

Board of Funeral Service, except in the case of an inactive licensee who is

seeking to earn enough CE credits to return to an active status.

(b)  Approval – CE activities shall be approved upon the

written application of a sponsor, other than an accredited sponsor, or of an

active licensee on an individual program basis. An application for the approval

of such CE courses and programs shall meet the following requirements:

(1)           The application and supporting

documentation, including one complete set of the written materials to be

distributed at the course or program, shall be submitted at least 30 days prior

to the date on which the course or program is scheduled.

(2)           The application shall be submitted on a

form furnished by the Board.  The form shall require the applicant to furnish

the name and address of the course sponsor, the title, date, length, and

location of the course, and any other information the Board deems necessary as

required by law.

(3)           The application shall be accompanied by a

course outline or brochure that describes the content, identifies the teachers,

lists the time devoted to each topic and shows each date and location at which

the course or program will be offered.

(4)           The application shall include a calculation

of the total number of CE hours using the method prescribed in 21 NCAC 34B

.0415.

(c)  Course Quality – The application and written materials

provided shall reflect that the program to be offered meets the requirements of

21 NCAC 34B .0409. Written materials consisting merely of an outline without

citation or explanatory notations shall not be sufficient for approval.  Any

sponsor, including an accredited sponsor, who expects to conduct a CE activity

for which suitable written materials will not be made available to all

attendees may obtain approval for that activity only by application to the

Board at least 30 days in advance of the presentation showing why written

materials are not suitable or readily available for such a program.

(d)  Records – Sponsors, including accredited sponsors,

shall within 30 days after the course is concluded:

(1)           furnish to the Board a list in alphabetical

order, on electronic media if available, of the names of all North Carolina

attendees and their North Carolina Board of Funeral Service license numbers;

(2)           furnish to the Board a complete set of all

written materials distributed to attendees at the course or program.

(e)  Announcement – Accredited sponsors and other sponsors

who have approval for courses may include in their brochures or other course

descriptions the information contained in the following illustration:

This course [or seminar or program] has been approved by the

North Carolina Board of Funeral Service for continuing education credit in the

amount of ____ hours.  This course is not sponsored by the Board.

(f)  Notice - Sponsors not having approval shall make no

representation concerning the approval of the course for CE credit by the

Board.  The Board shall mail a notice of its decision on CE activity approval

requests within 15 days of their receipt.  Approval thereof shall be deemed if

the notice is not mailed within 30 days.  This automatic approval will not

operate if the sponsor contributes to the delay by failing to provide all

information requested by the Board or if the Board notifies the sponsor that

the matter has been tabled and the reason therefore.

(g)  Facilities - Sponsors must provide a facility conducive

to learning with sufficient space for taking notes.  Sponsors must also ensure

the following requirements are met:

(1)           Access to the facility shall be controlled

so that attendees actually attend the entire program or portion of the program

for which they are seeking credit.  Attendees who are late or who leave early

shall not be given credit for the portion of the program that they missed.

(2)           All licensees who attend a program and

desire credit for attendance must present their license pocket card to gain

admission to the program.

(3)           The individual or organization conducting

the continuing education program must use registration sign in/sign out sheets

to ensure attendance by all participants.

(4)           The reading of outside material, such as

newspapers and magazines, is prohibited during a CE program.

(5)           Cell phones and other disruptive devices

must be turned off or switched to a silent mode of operation during

instructional periods of the CE program.

(6)           Persons obtaining CE hours for license

reinstatement shall be provided a temporary card, valid for one year from the

date of issue, from the Board in order to be allowed entrance to CE programs.

(h)  Course Materials - In addition to the requirements of

21 NCAC 34B .0411(d) and (f) above, sponsors, including accredited sponsors,

and active licensees seeking credit for an approved activity shall furnish upon

request of the Board a copy of all materials presented and distributed at a CE

course or program.

(i)  Non-funeral service Educational Activities - Approval

of courses shall not be given for general and personal educational activities. 

For example, the following types of courses shall not receive approval:

(1)           courses within the normal college

curriculum such as English, history, and social studies;

(2)           courses that deal with sales and advertising only and would not further educate a licensee as to his or her product

knowledge and development of funeral procedures and management models designed

to increase the level of service provided to the consumer.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005;

Amended Eff. March 1, 2008.

 

21 NCAC 34B .0412          Accredited Sponsors

In order to receive designation as an accredited sponsor of

courses, programs or other continuing education activities under 21 NCAC 34B .0410(a), the application of the sponsor

must meet the following requirements:

(1)           The application for accredited sponsor status shall

be submitted on a form prescribed by the Board.  The form shall require the

applicant to furnish the name and address of the sponsor, the contact person

within the organization, and any other information the Board deems necessary as

required by law.

(2)           The application shall be accompanied by course

outlines or brochures that describe the content, identify the instructors, list

the time devoted to each topic, show each date and location at which three programs

have been sponsored in each of the last three consecutive years, and enclose

the actual course materials.

(3)           The application shall include a detailed

calculation of the total CE hours specified in each of the programs sponsored

by the organization.

(4)           The application shall reflect that the previous

programs offered by the organization in continuing education would have met the

standards set forth in 21 NCAC 34B .0409.

 

History Note:        Authority G.S. 90‑210.23(a); 90-210.25(a)(5);

Eff. July 1, 2005.

 

21 NCAC 34B .0413          Accreditation of Prerecorded Programs

and Live Programs Broadcast to Remote Locations by Telephone, Satellite, or

Video Conferencing Equipment

(a)  A licensee may receive up to two hours of CE credit

each year for attendance at, or participation in, a presentation where

prerecorded material is used.

(b)  A licensee may receive credit for participation in a

live presentation which is simultaneously broadcast by telephone, satellite, or

video conferencing equipment.  The licensee may participate in the presentation

by listening to or viewing the broadcast from a location that is remote from

the origin of the broadcast.

(c)  A licensee attending a prerecorded presentation is

entitled to credit hours if:

(1)           the presentation from which the program is

recorded would, if attended by an active licensee, be an accredited course; and

(2)           all other conditions imposed by the rules

in this Subchapter are met.

(d)  A licensee attending a presentation broadcast by

telephone, satellite, or video conferencing equipment is entitled to credit if:

(1)           the live presentation of the program would,

if attended by a licensee, be an accredited course;

(2)           there is a question and answer session with

the presenter or presenters subject to the limitations set forth in 21 NCAC 34B

.0415(b)(5); and

(3)           all other conditions imposed by the rules

in this Subchapter are met.

(e)  To receive approval for attendance at programs

described in Paragraphs (a) and (b) of this Rule, the following conditions must

be met:

(1)           Unless the entire program was produced by

an accredited sponsor, the person or organization sponsoring the program must

receive advance approval and accreditation from the Board;

(2)           The person or organization sponsoring the

program must have a method for recording and verifying attendance.  Attendance

at a telephone broadcast may be verified by assigning a personal identification

number to a licensee.  The person or organization sponsoring the program must

forward a copy of the record of attendance of active licensees to the Board

within 30 days after the presentation of the program is completed.  Proof of

attendance may be made by the verifying person on a form provided by the Board;

(3)           Unless inappropriate for the particular

course, detailed papers, manuals, study materials, or written outlines are

presented to the persons attending the program which only pertain to the

subject matter of the program.  Any materials made available to persons

attending the original or live program must be made available to those persons

attending the prerecorded or broadcast program who desire to receive credit

under the rules in this Section; and

(4)           A room suitable for viewing the program and

taking notes must be available.

(f)  A minimum of five licensees must physically attend the

presentation of a prerecorded program in the same location.  This requirement

does not apply to participation from a remote location in the presentation of a

live broadcast by telephone, satellite, or video conferencing equipment.

(g)  EXAMPLES:

EXAMPLE (1): Licensee X attends a videotape seminar

sponsored by an accredited sponsor.  If a person attending the program from

which the videotape is made would receive credit, Licensee X is also entitled

to receive credit, if the additional conditions under this Rule are also met.

EXAMPLE (2): Licensee Y desires to attend a videotape

program.  However, the proposed videotape program (a) is not presented by an

accredited sponsor, and (b) has not received individual course approval from

the Board. Licensee Y shall not receive any credit hours for attending that

videotape presentation.

EXAMPLE (3): Licensee Z attends a videotape program.  The

presentation of the program from which the videotape was made has already been

held and approved by the Board for credit.  However, no person is present at

the videotape program to record attendance.  Licensee Z shall not obtain credit

for viewing the videotape program unless it is viewed in the presence of a

person who is not attending the videotape program for credit and who verifies

the attendance of Licensee Z and of other licensees at the program.  All other

conditions of this Rule must also be met.

EXAMPLE (4): Licensee A listens to a live telephone seminar

using the telephone in the conference room of her funeral establishment.  To

record her attendance, Licensee A was assigned a person identification number

(PIN) by the seminar sponsor.  Once connected, Licensee A punched in the PIN

number on her touch tone phone and her attendance was recorded.  The seminar

received individual course approval from the Board.  Licensee A shall receive

credit if the additional conditions under this Rule are also met.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005;

Amended Eff. September 1, 2009; March 1, 2008. 

 

21 NCAC 34B .0414          Accreditation of Computer-Based CE

(a)  Effective for courses attended on or after January 1,

2009, a licensee may receive up to two hours of credit each year for

participation in a course on CD-ROM or on-line.  A CD-ROM course is an

educational seminar on a compact disk that is accessed through the CD-ROM drive

of the user's personal computer. An on-line course is an educational seminar

available on a provider's website reached via the Internet.

(b)  A licensee may apply up to two credit hours of

computer-based CE to a CE deficit from a preceding calendar year.  A

computer-based CE credit hour applied to a deficit from a preceding year will

be included in calculating the maximum of two hours of computer-based CE allowed

in the preceding calendar year.  A licensee may carry over  to the next

calendar year no more than two credit hours of computer-based CE pursuant to 21

NCAC 34B .0408.  A credit hour carried-over pursuant to 21 NCAC 34B .0408 shall

not be included in calculating the two hours of computer-based CE allowed in

any one calendar year.

(c)  To be accredited, a computer-based CE course must meet

all of the conditions imposed by the rules in this Subchapter, except where

otherwise noted, and be interactive, permitting the participant to communicate,

via telephone, electronic mail, or a website bulletin board, with the presenter

or other participants.

(d)  The sponsor of an on-line course must have a reliable

method for recording and verifying attendance.  The sponsor of a CD-ROM course

must demonstrate that there is a reliable method for the user or the sponsor to

record and verify participation in the course.  A participant may log on and

off of a computer-based CE course provided the total time spent participating

in the course is equal to or exceeds the credit hours assigned to the program. 

A copy of the record of attendance must be forwarded to the Board within 30

days after a licensee completes his or her participation in the course.

(e)  After approval of a computer-based CE course, the

sponsor may replay the computer-based CE course indefinitely until any change

is made to the course content.  Any modification to an approved computer-based

CE course shall require the sponsor to submit a new application for approval

but the sponsor may continue to show the previously approved version of the

course.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(a)(5);

Eff. July 1, 2005;

Amended Eff. January 1, 2009; March 1, 2008.

 

21 NCAC 34B .0415          Computation of Credit

(a)  Computation Formula - CE and professional

responsibility hours shall be computed by the following formula:

Sum of the total minutes of

actual instruction divided by 50 = Total Hours.

For example, actual instruction

totaling 175 minutes would equal 3.5 hours toward CE.

(b)  Actual Instruction - Only actual education shall be

included in computing the total hours of actual instruction. The following

shall not be included:

(1)           introductory remarks;

(2)           breaks;

(3)           business meetings;

(4)           speeches in connection with banquets or

other events which are primarily social in nature;

(5)           question and answer sessions at a ratio in

excess of 15 minutes per CE hour and programs less than 30 minutes in length

provided, however, that the limitation on question and answer sessions shall

not limit the length of time that may be devoted to participatory CE.

(c)  Teaching - As a contribution to professionalism, credit

may be earned for teaching in an approved continuing education activity. 

Presentations accompanied by written materials approved under this Subchapter shall

qualify for CE credit on the basis of three hours of credit for each 50 minutes

of presentation. Repeat presentations qualify for one-half of the credits

available for the initial presentation. For example, an initial presentation of

50 minutes would qualify for three hours of credit while a subsequent

presentation of the same material would qualify the instructor for 1.5 hours of

credit.

 

History Note:        Authority G.S. 90‑210.23(a); 90-210.25(a)(5);

Eff. December 1, 2004.

 

SECTION .0500 ‑ OUT‑OF‑STATE LICENSEES

 

 

Editor's Note:  21 NCAC 34B .0501 ‑ .0510 was

recodified from 21 NCAC 34 .0601 ‑ .0610 Eff. February 7, 1991.

 

 

21 NCAC 34B .0501          APPLICATION FOR LICENSE

Applications by

out‑of‑state licensees for licenses pursuant to G.S. 90‑210(b)(1)

shall be made upon forms to be furnished by the Board.  The application must be

verified by the applicant and filed with the Board.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b)(1);

150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0502          APPLICATION FORM FOR LICENSE BY OUT-OF

STATE LICENSEES

Applications by an out‑of‑state

licensee for a North Carolina license pursuant to G.S. 90‑210.25(b)(1)

shall be made on forms provided by the Board.  The form shall require the applicant

to furnish the applicant's photograph, name, address, and biographical data;

license applied for; name of the jurisdiction where licensed and the kinds of

licenses held; length of continuous practice in the other jurisdiction where

the applicant is licensed; verification by the applicant; and any other

information the Board deems necessary as required by law.  The form shall

require the licensing board of the other jurisdiction to certify that the

applicant is licensed and in good standing in that jurisdiction and to furnish

the Board with the name of the applicant, licenses held and dates granted, the

name and address of the Board in such other jurisdiction, verification by the

Secretary or other official of such other board, and any other information the

Board deems necessary as required by law.   An affidavit that the applicant has

continuously practiced the profession in the other jurisdiction for at least

three years immediately preceding an application for a North Carolina license

shall be required.  The affiant shall be personally acquainted with the

applicant and shall furnish the name and address of the affiant, the name of

the applicant, the length of time the affiant has known the applicant, the

length of the applicant's continuous practice, verification, and any other

information the Board deems necessary as required by law.  Information

pertaining to the applicant's length of practice is not required if the

applicant is licensed in a jurisdiction having licensing requirements

substantially similar to those of North Carolina.  Three affidavits of the

moral character of the applicant submitted by three persons, in compliance with

G.S. 90‑210.26, must accompany the application.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b)(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

21 NCAC 34B .0503          AFFIDAVIT OF STATE ENDORSEMENT

21 NCAC 34B .0504          AFFIDAVIT OF STATE ENDORSEMENT

21 NCAC 34B .0505          RECOMMENDATIONS BY LICENSEE FOR

RECIPROCAL LICENSURE

21 NCAC 34B .0506          VERIFICATION OF PRACTICE

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0507          COURTESY CARDS

Applications by

out‑of‑state licensees for courtesy cards pursuant to G.S. 90‑210.25(b)(3)

shall be made upon forms to be furnished by the Board.  Such cards shall be

issued by license category corresponding to the license held by the applicant,

shall be non‑transferable, and shall be renewable from year to year.  A

courtesy card shall expire and terminate upon the suspension, revocation,

forfeiture, expiration, or other termination of the holder's license issued by

the licensing board of the other jurisdiction, or on the 31st day of December,

whichever shall first occur.  The holder of a courtesy card shall be subject to

the provisions of G.S. 90‑210.25(e).  The application must be verified by

the applicant and the licensing board of the other jurisdiction and filed with

the Board.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b)(3);

150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0508          APPLICATION FORM FOR COURTESY CARD

Applications for a courtesy card shall be made

on forms provided by the Board.  The applicant shall furnish the applicant's

photograph, name, address, and biographical data; courtesy card applied for, by

license category; name and address of the licensing board where the applicant

is licensed; the kind, license number, expiration date of licenses presently

held; an agreement that the applicant will obey North Carolina statutes and

rules governing funeral service; verification by the applicant; certification

by the Secretary or other official of the licensing board of the other

jurisdiction that the information concerning the applicant's licensure is

correct; and any other information the Board deems necessary as required by

law. 

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b)(3);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; August 1, 1988; September

1, 1979.

 

21 NCAC 34B .0509          COURTESY CARD FORM

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b)(3);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988; September 1, 1979;

Repealed Eff. November 1, 1994.

 

 

 

21 NCAC 34B .0510          COURTESY CARD RENEWAL FORM

Applications for annual renewal of a courtesy

card shall be made on forms provided by the Board.  The form shall require the

applicant to furnish the type of license privileges sought, changes to the

applicant's name, address, telephone, place of employment, license expiration

date, the signature of the applicant, affirmation that the applicant will abide

by North Carolina law, verification, and any other information the Board deems

necessary as required by law. 

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(b)(3);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November 1, 2004; September 1, 1979.

 

SECTION .0600 ‑ FUNERAL ESTABLISHMENTS

 

 

Editor's Note:  21 NCAC 34B .0601 ‑ .0615 was

recodified from 21 NCAC 34 .0701 ‑ .0715 Eff. February 7, 1991.

 

 

21 NCAC 34B .0601          DISTINCTION BETWEEN ESTABLISHMENT AND

CHAPEL

21 NCAC 34B .0602          MANAGER OF ESTABLISHMENT

 

History Note:        Authority G.S. 90‑210.23(a),(e); 90‑210.20(h);

90‑210.25(d); 150B‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979;

Repealed Eff. August 1, 1988.

 

 

 

21 NCAC 34B .0603          MANAGER MAY MANAGE TWO ESTABLISHMENTS

21 NCAC 34B .0604          PARTNER OR OFFICER AS MANAGER

 

History Note:        Authority G.S. 90‑210.23(a),(e); 90‑210.25(d);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0605          PERMITS: TRANSFER OF OWNERSHIP OF

ESTABLISHMENT

Funeral establishment permits shall not be transferable. 

When the ownership of a funeral establishment changes, or when there has been a

transfer of a majority of the common stock of the corporation owning a funeral

establishment, a new application for an establishment permit shall be made to

the Board within 30 days of said change of ownership or transfer.  The

applicable fee shall accompany the said application, as in the case of initial

applications.

 

History Note:        Authority G.S. 90‑210.23(a),(e); 90‑210.25(d)(5);

150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0606          PERMIT FEES

21 NCAC 34B .0607          EXPIRATION AND RENEWAL OF PERMITS

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(d);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0608          APPLICATION FORM FOR FUNERAL

ESTABLISHMENT PERMIT

Applications for a new funeral establishment permit shall be

made on forms provided by the Board.  The applicant shall furnish the name and

address of the establishment; the name or names of the owner or owners; the

ownership of the stock if it is owned by a corporation; a description of the

preparation room; size of the reposing room; names and license numbers of all

part-time and full-time licensees employed by the establishment; the name and

license number of the manager; verification by the manager; and any other

information the Board deems necessary as required by law.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.25(d); 90‑210.27A;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. December 1, 2004; August 1, 1988; September

1, 1979.

 

21 NCAC 34B .0609          FUNERAL ESTABLISHMENT PERMIT FORM

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(d);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988;

Repealed Eff. November 1, 1994.

 

 

 

21 NCAC 34B .0610          FUNERAL ESTABLISHMENT PERMIT RENEWAL

FORM

All funeral establishments holding a funeral establishment

permit shall annually submit a renewal application on forms provided by the

Board.  The applicant shall furnish the name and address of the establishment;

ownership of the establishment; license numbers of any owner, partner, officers

of the business entity owning establishment; licensees employed by the funeral

establishment; name and license number of the manager of the funeral establishment;

and any other information the Board deems necessary as required by law.  The

form must be filed no later than February 1 of each year.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(d)(3);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. December 1, 2004; September 1, 1979.

 

21 NCAC 34B .0611          PART‑TIME EMPLOYEES AND

INDEPENDENT CONTRACTORS

The Board may require part‑time employees and

independent contractors performing embalming or funeral directing, as defined

by G.S. 90‑210.20(e) and (f), for funeral establishments, to sign

affidavits or to supply such other assurance or proof as the Board deems

necessary in order for the Board to be satisfied that such persons are in fact

performing such services for a funeral establishment which, in its application

for an establishment permit, has set forth the name or names of one or more

such persons as performing such services for the establishment.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.25(d); 150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988.

 

 

 

21 NCAC 34B .0612          PART‑TIME AND INDEPENDENT

CONTRACTORS AFFIDAVIT

Upon request of the Board, part‑time employees and

independent contractors shall submit an affidavit certifying to the Board, as

provided in Rule .0611 of this Section, that the person signing it is

performing services for one or more funeral establishments.  The affiant shall

file the affidavit on forms provided by the Board and shall furnish the names

and locations of the establishments, a certification of the licensee that he

will notify the Board when he ceases to perform such services, the signature of

the licensee, verification, and any other information the Board deems necessary

as required by law.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.25(d);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. November

1, 2004; July 1, 1991; August 1, 1988.

 

21 NCAC 34B .0613          DISCLOSURE STATEMENTS

One copy of each disclosure statement, as required by G.S.

90‑210.25(e), shall be kept by the funeral establishment for a period of

two years and shall, during said period of time, be subject to inspection by

the Board, its inspector or other duly authorized representative.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.25(e); 150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0614          FREE AMBULANCE SERVICE AS SOLICITATION

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.25(e)(2)c;

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0615          FUNERAL ESTABLISHMENT INSPECTION FORM

The findings of all funeral establishment inspections shall

be recorded and filed on report forms provided by the Board. The funeral

establishment shall furnish the name and address of the establishment; names of

the owner, manager, licensees and resident trainees; verification by the

funeral establishment that any violations have been corrected, the date of the

verification, and other information the Board deems necessary as required by

law.  Verifications by an official of the funeral establishment that any

violations have been corrected must be received by the Board no later than

seven days after the date for compliance.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.24;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; November 1, 2004.

 

21 NCAC 34B .0616          BODY IDENTIFICATION TAGS

Unused body identification tags shall be kept on the

premises of each funeral establishment at all times and are subject to

inspection by the Board and its authorized agents.

 

History Note:        Authority G.S. 90-210.23(a),(e);

90-210.29A;

Eff. September 1, 2009.

 

SECTION .0700 ‑ PREPARATION OF DEAD BODIES

 

 

Editor's Note:  21 NCAC 34B .0701 ‑ .0705 was

recodified from 21 NCAC 34 .0801 ‑ .0805 Eff. February 7, 1991.

 

 

21 NCAC 34B .0701          PREPARATION ROOM: REQUIREMENTS

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0702          STORAGE IN PREPARATION ROOM

The only

articles and materials which shall be permitted to be stored in the preparation

room are supplies, materials and equipment actually maintained for use in

embalming.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.27A;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0703          DISPOSAL OF REFUSE: VENTILATION

Every

preparation room shall be provided with proper and convenient receptacles for

refuse, bandages, cotton and other waste materials and supplies, which shall be

properly disposed of at the conclusion of each case, to the end that the public

health may thereby be protected.  Every preparation room shall comply, with

respect to ventilation, with state and local laws, ordinances and regulations. 

No obnoxious or deleterious odors shall be allowed to remain therein nor to

enter into any other part of the premises of the funeral establishment or into

any adjoining premises.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.27A;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. July 1, 1991; September 1, 1979.

 

 

 

21 NCAC 34B .0704          SANITATION IN PREPARATION OF BODIES

In the

safeguard of the public health, every person while engaged in the actual

preparation of a dead human body shall be attired in a clean and sanitary smock

or gown and shall wear protective gloves.  When a smock or gown has been worn

in the preparation of a body, it shall not be worn again before being

laundered.  No sheets, linens, materials, or supplies of any kind, which shall

have come in contact with a dead human body, shall be used more than once

without being laundered.  Such materials shall be kept in a covered container

until laundered.  All instruments and appliances used in the preparation of a

body shall be thoroughly cleansed and sterilized immediately at the conclusion

of each individual case and stored in an enclosed cabinet or drawer.

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

90‑210.27A;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. September 1, 1979.

 

 

 

21 NCAC 34B .0705          EMBALMING MATERIALS

 

History Note:        Authority G.S. 90‑210.23(a),(d),(e);

150A‑11;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. September 1, 1979.

 

 

 

 

 

21 NCAC 34B .0706          REGISTRATION OF EMBALMING FACILITY

LOCATED OUTSIDE OF A FUNERAL ESTABLISHMENT

(a)  An embalming facility located outside a funeral

establishment shall comply with the requirements of G.S. 90-210.27A(a)(1)

through (8) and all other applicable federal, state, or local laws and

regulations.

(b)  An embalming facility located outside a funeral

establishment shall be registered either to a funeral establishment holding a

permit from the Board or to a funeral service or embalmer licensee of the

Board.  Each embalming facility must be managed by an embalmer or funeral

service licensee.  A person managing an embalming facility may also manage the

funeral establishment location registering the facility.

(c)  Applications to register an embalming facility located

outside a funeral establishment shall be made on forms provided by the Board. 

The applicant shall furnish the address and telephone number of the facility; a

description of the preparation room; the names and license numbers of all part-time

and full-time licensees employed by the facility; the person or business entity

owning the facility; the person managing the facility; a certification that the

facility will not be used for any other purpose other than embalming or used

for activities requiring a funeral establishment permit; and any other

information the Board deems necessary as required by law.  The applicant shall

verify the contents of the application before a notary public.

(d)  Upon Board approval of the registration, the embalming

facility may be used to embalm dead human bodies and shall not be used as a

public accommodation.  The owner of the facility must obtain a funeral

establishment permit under G.S. 90-210.25(d) if the facility is to be held out

to the public, used as a public accommodation, or used to engage in any other

activity defined as the practice of funeral service under G.S. 90-210.20(k)

other than embalming.

 

History Note:        Authority G.S. 90-210.20(f),(h),(k); 90‑210.23(a),(e);

90‑210.25(d1); 90-210.27A;

Eff. September 1, 2009.