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Repealed Eff.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.
