Arkansas Funeral Law
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ARKANSAS STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS RULES and REGULATIONS
RULE I DEFINITIONS 1. ADVERTISEMENT. The publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated or placed before the public any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag or over the radio or television station. 2. APPRENTICE. A person who is engaged in learning the practice of embalming or the business of funeral directing, as the case may be, under the instruction and direct personal supervision of a duly license embalmer or funeral Director of the State of Arkansas, who is duly registered as such. 3. ARKANSAS CODE. Arkansas Statutes pertaining to the funeral industry. 4. AUTHORIZING AGENT(S). An authorizing agent(s) is a person legally entitled to control the disposition of the remains of a deceased person, as defined by Act 402 of 2009. In the case of individuals who have donated their bodies to science, and in which the institution is charged with making arrangements for the final disposition of the deceased, a representative of the institution, if legally authorized, may serve as the authorizing agent. 5 BAIT ADVERTISING. Advertising a funeral, or an alternative type of service, which the advertising funeral firm, in truth, does not intend or does not wish to sell. Its purpose is to induce persons “before the time of need,” or “at need,” to visit or call the funeral firm, and then sell them a higher priced service. 6. BOARD. As used in these Rules and Regulations shall mean the Arkansas State Board of Embalmers and Funeral Directors or any successor thereof. 7. CASH ADVANCE or CASH ACCOMODATIONS. Monies paid to outside parties by the funeral director or the funeral service firm on behalf of the authorizing agent. 8. CASKET. A rigid container in which the dead body is placed for use in religious services or other ceremonies, transportation or final disposition; usually constructed of wood, metal, or manufactured materials such as plastic, fiberglass, chipboard, pressed paper, paperboard or corrugated paper. 9. CLOSED CONTAINER. Any container in which cremated remains can be placed and closed in a manner so as to be resistant to leakage or spillage of cremated remains or the entrance of foreign materials. 10. COMMITTAL SERVICE. That final rite or ceremony preceding the final disposition of the body, 11. CREMATION/CALCINATION. The technical process, using heat, that reduces human remains to bone fragments, which may be reduced to a powdery substance. The reduction takes place through heat and evaporation. 12. CREMATORY. The building or portion of a building that houses the cremation chamber and the holding facility.
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13. CREMATORY AUTHORITY. The legal entity or the authorized representative of the legal entity which is licensed by the Board to operate a crematory and perform cremations. 14. CREMATION CHAMBER. The enclosed space within which the cremation process takes place. 15. CREMATION CONTAINER. The container in which the human remains are placed in the cremation chamber for a cremation and which should be required by the cremation authority if the remains are not in a casket. A cremation container should meet substantially all of the following standards: 1. Be composed of readily combustible materials suitable for cremations; 2. Be able to be closed in order to provide a complete covering for the human remains; 3. Be resistant to leakage or spillage; 4. Be rigid enough for handling with ease; and 5. Be able to provide protection for the health, safety and personal integrity of crematory personnel. 16. CREMATED REMAINS or CREMAINS. All human remains recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions. 17. DIRECT DISPOSITION. The disposition of the body of a dead person as quickly as the law will allow without its preparation except when required by law and without any attendant religious services or other rites or ceremonies. 18. DIRECT PERSONAL SUPERVISION. During the apprenticeship period the supervisor of all embalmers and/or funeral directors must be readily accessible on the premises wherever embalming and/or funeral directing is preformed. 19. DISPOSITION AUTHORITY. The licensed funeral establishment, cremation authority, or other person or legal entity charged with the disposition of cremated remains. 20. EMBALMER. A person required to be licensed to practice the Science of Embalming under the laws of this State who disinfects or preserves a dead human body, entirely, or in part, by the use of chemical substances, fluids, or gases, in the body, or by introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities. 21. EMBALMING. The art of a person disinfecting or preserving a dead human body entirely, or in part, by the use of chemical substances, fluids, or gases, in the body, or by introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities. 22. FETAL DEATH. Death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Fetal death shall include a “spontaneous fetal death” (sometimes referred to as stillbirth or miscarriage) or an “induced termination of pregnancy” as defined by the Arkansas Department of Health. 23. FETAL REMAINS. The remains of a fetal death. 24 FINAL DISPOSITION. The final placement of the body whether it is by earth interment, above ground interment, cremation, burial at sea, or by delivery to a medical institution for lawful dissection and experimentation.
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25. FUNERAL DIRECTOR. A person required to be licensed to practice the business of funeral directing under the laws of this State, who meets the public, displays and sells or offers to sell funeral merchandise or supplies; who plans details of funeral services with members of the family and minister or any other person responsible for such planning, or who directs, is in charge, or apparent charge of, and supervises such service in a funeral home, church or other places; who enters into the making, negotiation or completion of financial arrangements for funerals, including, but not limited to, the sale and selection of funeral supplies, or who uses in connection with the business of funeral directing the words or terms “Funeral Director”, “Undertaker”, “ Funeral Counselor”, “Mortician”, or any other word, term or picture or combination thereof when considered in context in which used, from which person using such word, term or picture can be implied to be holding himself out to the public as being engaged in the business of funeral directing. 26. FUNERAL ESTABLISHMENT or FUNERAL HOME. Every place or premise devoted to or used in the shelter, care, preparation, disposition or custody of the body or for religious services or other rites or ceremonies associated with the final disposition of human dead or maintained for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the business of funeral directing. 27. FUNERAL MERCHANDISE. That personal property used in connection with the transportation, funeralization and final disposition of a dead human body including but not limited to the receptacle into which the body is directly placed except mausoleums, crypts, interment receptacles preset in a cemetery and columbarium niches. 28. FUNERAL SERVICE or FUNERAL. A period following death in which there are religious services or other rites or ceremonies with the body of the deceased present. 29. FUNERAL SERVICE FIRM or FUNERAL DIRECTING. A person, partnership, enterprise, corporation or any other form of organization which engages in providing shelter, care and custody of the human dead; in the practice of preparing of the human dead by embalming or other methods for burial or disposition; supervising of the funeral services, makes arrangements, financial or otherwise, for the providing of funeral services or the sale of funeral merchandise, whether for the present or future use; or in general, engages in the practice or performs any functions of funeral directing, embalming or lawful final disposition of the dead. 30. GRAVESIDE SERVICE. When and where the complete funeral rites or ceremon0ies are conducted only at graveside. Such rite or ceremony is not what is generally construed as the committal service, which follows the funeral. 31. HOLDING FACILITY. An area within, adjacent, or available to the crematory facility designed for the retention of human remains prior to cremation that shall: 1. Comply with any applicable public health law; 2. Preserve the dignity of the human remains; 3. Recognize the integrity, health, and safety of the crematory authority personnel operating the crematory and; 4. Be secure from access by the general public. 32. HUMAN REMAINS. The body of a deceased person, or part of a body or limb that has been removed from a living person, including the body, part of the body or limb in any state of decomposition.
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33. IN STATE. That period when the body is in the “Funeral Establishment” or any other place, for the purpose of a wake, visitation, or viewing whether the “casket” or “receptacle” is open or closed and whether the wake, visitation, or viewing is public or private. 34. INTERMENT RECEPTACLE. An enclosure into which the casket is placed. 35. MEMORIAL SERVICE. A gathering of persons for a program in recognition of a death without the presence of the body of the deceased. 36. MORTUARY SERVICE ESTABLISHMENT. A place or premise devoted to or used in the shelter, care, custody, or preparation of the human dead, but not for the other purposes identified in the definition of a “Funeral Establishment,” except at the request of and as the agent of a licensed funeral establishment or its representative. 37. MORTUARY SERVICE FIRM. A person, partnership, enterprise, corporation or any other form of organization which engages in providing shelter, care, custody, or preparation of the human dead, or providing other services and/or funeral merchandise at the request of and as the agent of a licensed funeral establishment or its representative. 38. NICHE. A compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains. 39. SCATTERING AREA. A designated area for the scattering of cremated remains. 40. TEMPORARY CONTAINER. A temporary container is a receptacle for cremated remains usually made of cardboard, plastic film or similar material designed to hold the cremated remains until an urn or other permanent container is acquired. 41. TO MAKE ARRANGEMENTS. Advising, counseling, and/or entering into agreements about specifics for any services in advance of or following a death. 42. TRANSPORT SERVICE FIRM. Any person, partnership, enterprise, corporation, association, society, other legal entity, or other form of organization which engages in providing transportation of the human dead for hire. 43. URN. A receptacle designed to permanently encase the cremated remains. RULE II LICENSEE IN CHARGE OF FUNERAL DIRECTING AND EMBALMING 1. Every funeral conducted within the State of Arkansas must be under the personal supervision and direction and in charge of a funeral director who holds a valid license from this Board. To conduct a funeral shall require the direct personal supervision of a licensed funeral director until final disposition is completed. 2. The embalming of a dead human body shall require the presence and/or direct supervision of a duly licensed embalmer. Duly registered apprentice embalmers may do embalming procedures under the direct personal supervision of a duly licensed embalmer. RULE III
LICENSEE IN CHARGE OF ALL CARE AND DISPOSITION OF HUMAN DEAD. 1. Any person, partnership, enterprise, corporation or any other form of organization holding themselves out to be in the business of the care and/or disposition of the human dead in this State shall be required to hold valid licenses issued by the Board and to comply with the Rules and Regulations of the Board pertaining to said care and disposition. RULE IV FUNERAL ESTABLISHMENTS 1. Four types of funeral establishment licenses shall be issued by the Board. These establishment licenses shall be named as follows:
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(a) Funeral Establishment Type A-Full Service Funeral Firm. (b) Funeral Establishment Type B-Mortuary Service Firm (c) Funeral Establishment Type C-Crematory (d) Funeral Establishment Type D-Transport Service Firm 2. FUNERAL ESTABLISHMENT TYPE A-FULL SERVICE FUNERAL FIRMS (a) A license for the operation of funeral establishment Type A shall be issued by the Board, if the Board finds: (1) That the establishment is under the general management and supervision of a duly licensed funeral director. (a.) The name of the general manager and owner of each funeral establishment shall be reported annually to the Board on forms provided by the Board. (b.) If the funeral director serving as the general manager of a funeral establishment shall leave the employment of the establishment, for any reason, the establishment shall notify the Board of the management change within ten (10) working days, and of his/her successor within thirty (30) days. (2) That all embalming performed therein is performed by or under the direct personal supervision of a duly licensed embalmer. (3) That any place in the funeral establishment Type A where embalming is performed contains a preparation room with a sanitary floor, walls, and ceiling, and adequate sanitary drainage and disposal facilities including running water and complies with the sanitary standards prescribed by the Department of Health for the prevention of the spread of contagious, infectious or communicable diseases. (4) Each funeral establishment Type A must have a display room and at least five (5) caskets, or there must be a branch establishment within a reasonable distance (not to exceed forty (40) miles), which is available, and does have a display room and at least five (5) caskets. (5) When an establishment is sold or changes ownership, the Board shall be notified, in writing, within thirty (30) days, the license then in force and effect shall be honored, for the new owner, until that license has expired. At that time, a new license shall be issued in the name of the new establishment. (6) When an establishment closes, the Board shall be notified, in writing, within 7 days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. (b) The Board shall grant or deny each application for a funeral establishment license Type A under provisions of this section after it is filed. No applicant may operate a funeral establishment Type A until notification by the Secretary of the Board that a license has been or will be issued. (c) Funeral establishment licenses Type A shall be issued under this section upon application and after examination of the establishment to be licensed. The application fee shall be fifty ($50.00) dollars. (1) Renewal of all funeral establishment licenses Type A must be made on or before January 31st of each year and must be accompanied by the annual renewal fee of one hundred and fifty ($150.00) dollars.
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(2) Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. (d) Each funeral establishment using an available embalmer must file with the Board a statement signed by the embalmer, notarized, stating that his services are available to said establishment at all times within a reasonable time after death occurs, not to exceed six (6) hours. (e) Mobile homes, mobile units, manufactured homes, et cetera, may be granted a replacement license on a case by case basis. (f) The licensed funeral director, who manages and supervises the funeral establishment, may hire such employees as may be needed to assist the funeral director in providing the services of the business of funeral directing. The funeral director is responsible for the supervision of all work performed by his agents and employees. License invalidation procedures may be brought against a licensed funeral director and funeral establishment because of the acts of their agents or employees which violate Chapter 29 Arkansas Code or the Rules and Regulations of this Board. (g) A licensed funeral director or funeral establishment may employ or use the services of, non- licensed persons to sell pre-need, pre-arranged or pre-financed funerals and/or funeral merchandise. A licensed funeral director or funeral establishment will be held accountable for the actions of all sales personnel. Such personnel are specifically prohibited from the following: (1) Making misrepresentations to potential purchasers of funeral service merchandise. (2) Placing or causing to be placed false or misleading advertising. (3) Making false statements about funeral establishments, funeral directors, or embalmers not associated with the establishment the personnel represents.
3. FUNERAL ESTABLISHMENTS TYPE B-MORTUARY SERVICE FIRMS (a) Mortuary service firms are agents of a Type A establishment and as such do not make arrangements with the public. A license for the operation of a mortuary service firm, funeral establishment Type B, shall be issued by the Board if the Board finds: (1) That the firm is under the general management and supervision of a duly licensed funeral director and embalmer. (a.) The name of the general manager of the mortuary service firm shall be reported annually to the Board on forms provided by the Board. (b.) Should the general manager of the mortuary service firm leave the employment of the firm during the year, for any reason, the mortuary service firm shall notify the Board of his/her leaving within ten (10) working days and of his/her replacement within thirty (30) days. (2) That all embalming performed in the mortuary service firmâ€&#x;s establishment is performed by or under the direct personal supervision of a duly licensed embalmer.
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(3) That any place in a mortuary service firm where embalming is performed contains a preparation room with a sanitary floor, walls, and ceiling and adequate sanitary drainage and all disposal facilities including running water and complies with the sanitary standards prescribed by the Department of Health for the prevention of the spread of contagious, infectious or communicable diseases. (4) When a mortuary service firm is sold or changes ownership, the Board shall be notified, in writing, within thirty (30) days. The license then in effect shall be honored, for the new owner, until that license has expired. At that time, a new license shall be issued in the name of the new firm if said firm complies with all applicable laws, rules and regulations. (5) When a mortuary service firm closes, the Board shall be notified, in writing, within 7 days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. (b) The Board shall grant or deny each application for a mortuary service firm under the provisions of this section after it is filed. No applicant may operate a mortuary service firm until notification by the Secretary of the Board that a license has been or will be issued. (c) Mortuary service firm licenses shall be issued under this section upon application and after examination of the firm and its establishment to be licensed. The application fee shall be fifty ($50.00) dollars. (1) Renewal of all mortuary service firm licenses must be made on or st before January 31 of each year and must be accompanied by the annual renewal fee of one hundred and fifty ($150.00). „ (2) Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. (d) Each mortuary service firm using an available embalmer must file with the Board a statement signed by the embalmer, notarized, stating that his/her services are available to said firm at all times within a reasonable time after death occurs, not to exceed six (6) hours. (e) Mobile homes or mobile units are prohibited for use as a mortuary service firm establishment or branch thereof. No mobile home or mobile unit shall be used in the performance of any function or service of a mortuary service firm, except in the case of an emergency as prescribed by the Board. Mobile home, modular units, manufactured homes and similar mobile units may be granted a replacement license on a case by case basis. (f) The licensed funeral director and embalmer who manages and supervises the mortuary service firm, may hire such employees as may be needed to assist the funeral director/embalmer in providing the services of the business of funeral directing/embalming. License invalidation procedures may be brought against a licenses funeral director and licensed embalmer and/or a licensed mortuary service firm because of the acts of their agents or employees which violate Chapter 29 of the Arkansas Code, or the Rules and Regulations of this Board. (g) A mortuary service firm is prohibited from providing funeral service and/or funeral merchandise other than providing shelter, care, custody and preparation of the human dead or any type of services including direct disposition or the practice for preparing of the human dead by embalming or other methods except at the request of and as the agent of a licensed funeral establishment or its representative. (h) A funeral establishment Type-B mortuary service firm shall not be required to have a selection room or display any caskets.
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4.
FUNERAL ESTABLISHMENT TYPE C-CREMATORY (A) A crematory is an agent of a Type A establishment and as such does not make arrangements with the public. 1 Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity may erect, maintain and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with the provisions of these rules and regulations. 2. A crematory shall conform to all local building codes and all applicable environmental standards. 3. A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or any other location consistent with local zoning regulations. 4. Application for licensure as a crematory authority shall be on forms furnished and prescribed by the Board. Application shall be in writing and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory and any further information as the Board my reasonably require. The Board shall examine the premises and structure to be used as a crematory, and shall issue a license to the crematory authority, if the applicant meets all requirements of these rules and regulations. In the event of a change of ownership of a crematory, at least thirty (30) days prior to the change, the new owners of the crematory authority shall provide the Board with their names and addresses. 5. When a crematory closes, the Board shall be notified, in writing, within seven (7) days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. 6. No person, cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity shall cremate any human remains except in a crematory licensed for this express purpose and under the limitations provided in these rules and regulations. 7. No cremations of the bodies of deceased persons shall be performed except by a crematory authority holding a valid, current license issued by the Board. 8. All crematory licenses issued by the Board shall expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. Renewal license fees, as established by the Board, must accompany each original and renewal application. 9. All renewals received after January 31st of each year are considered delinquent. The Board may impose delinquent fees and/or order a crematory authority that is delinquent in its renewal to cease operation until a renewal card has been issued by the Board. 10. Hospitals licensed by the Arkansas Department of Health may operate a facility that incinerates surgical waste, human body parts that have been surgically removed, or fetal remains with the permission of the next of kin, without an additional license issued by the Board and without the assistance of a licensed funeral establishment unless: a. They are holding themselves out to the public to be a licensed crematory authority;
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b. They offer cremation services to the public for the bodies of deceased persons except for the instance listed in this subsection. B. AUTHORIZIATION AND RECORD KEEPING 1. Except as otherwise provided in this section, a crematory authority shall not cremate human remains until it has received: a. A cremation authorization form signed by an authorizing agent and which identifies the funeral director arranging the cremation. The cremation authorization form shall be provided by the crematory authority and should contain the following information: (a.) The identity of the human remains; (b.) The name of the authorizing agent and the relationship between the authorizing agent and the deceased; (c.) Authorization for the crematory authority to cremate the human remains; (d.) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; and (e.) The name of the person authorized to claim the remains from the crematory authority. b. A completed and executed burial transit permit, as provided in the laws of the State of Arkansas, indicating that the human remains are to be cremated, and; c. A representative (Example: Office Copy) of a completed Arkansas death certificate or fetal death certificate, signed by the certifier, showing the cause of death and otherwise ready for filing. d. Any other documentation required by any county or municipality. 2. If an authorizing agent is not available to execute the cremation authorization form, that person may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a telegram, registered letter, or facsimile transmission that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated, indemnifying the delegated individual and the crematory authority from all liability concerning the cremation. Upon receipt of the written delegation document or a copy of this telegram, the crematory authority shall allow this individual to serve as the authorizing agent and execute the cremation authorization form, and the crematory authority shall be entitled to rely upon the cremation authorization form. 3. A crematory authority should maintain the necessary records as set out in these rules and regulations. a. Upon receipt of the human remains, the crematory authority shall furnish to the person who delivers such human remains a receipt signed by both the crematory authority and the person who delivers the human remains showing: (a) The date of delivery. (b) The name of the person from whom the human remains were received and that personâ€&#x;s employer. (c) The name of the person who received the human remains on behalf of the crematory authority.
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(d) The name and license number of the crematory authority, and (e) The name of the deceased. b. The crematory authority should retain a copy of this receipt. c. A crematory authority should retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in “II B 1, “through “3” of these rules and regulations and in addition the date the cremation and distribution or disposition by the crematory authority of the cremated remains took place. 4. A crematory authority shall not accept unidentified human remains. If the crematory authority takes custody subsequent to the human remains being placed within a cremation container, the crematory authority shall place appropriate identification upon the exterior of the cremation container. C. CREMATION CONTAINERS 1. The cremation authority shall require that human remains be placed in a cremation container prior to cremation unless the remains are already in a casket. 2. Except as provided in subsection “II.C.1 and 3”, no crematory authority shall make or enforce any rules requiring that human remains be placed a casket before cremation or that human remains be cremated in a casket, nor shall the crematory refuse to accept human remains for cremation for the reason that they are not in a casket. 3. Human remains delivered to a crematory shall not be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the crematory authority has been provided with written instructions to the contrary by the authorizing agent. 4. Authorized cremation authority personnel may open the cremation container for inspection of the body. D. CREMATION PROCEDURES 1. In the event a death comes under the authority of the coroner or medical examiner, the human remains shall not be received by the crematory authority until authorization to cremate has been received from the coroner of the county in which the death occurred or the medical examiner. In the event the crematory authority is also authorized to perform funerals as well as perform cremation, this restriction on the receipt of human remains shall not be applicable, but cremation may not take place until authorization by the coroner or medical examiner. 2. A crematory authority shall hold human remains, prior to their cremation, according to the following provisions of this subsection: a. Whenever a crematory authority is unable to cremate the human remains immediately upon taking custody thereof, the crematory authority shall place the human remains in a holding facility. b. A crematory authority shall not be required to accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein. c. If human remains received by the crematory authority are not embalmed, they shall be held no longer than 24 hours unless within a refrigerated facility.
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3. The unauthorized, simultaneous cremation of the human remains of more than one person within the same cremation chamber is forbidden, unless the crematory authority shall have received specific written authorization to do so from all authorizing agents for the human remains to be so cremated. Such written authorization shall include an indemnification to exempt the crematory authority from all liability for commingling of the product of the cremation process. 4. Immediately prior to being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete. 5. Upon completion of the cremation, and insofar as is possible; all of the recoverable residue of the cremation process shall be removed from the cremation chamber. Insofar as possible, all residue of the cremation process shall be separated from anything other than bone fragments and then be processed so as to reduce them to unidentifiable particles. Anything other than the particles shall be removed from the cremated residuals as far as possible and shall be disposed of by the crematory authority. 6. Cremated remains shall be packed according to the following provisions of this subsection: a. The cremated remains with proper identification shall be placed in a temporary container or urn. The temporary container or urn contents shall not be contaminated with any other object, unless specific authorization has been received from the authorizing agent or as provided in subsection “bâ€? of this part. b. The cremated remains with proper identification shall be placed within the temporary container or urn ordered by the authorizing agent. c. If the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains shall be returned to the authorizing agent or its representative in a separate container. d. When a temporary container is used to return the cremated remains, that container shall be placed in a suitable box and all box seams taped closed to increase the security and integrity of that container. The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained therein and the name of the cremation authority. e. If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be packed securely in a suitable, sturdy container which is not fragile and is sealed properly. Cremated remains shall be shipped only by a method which has an internal tracing system available and which provides a receipt signed by the person accepting delivery. 7. Embalming or refrigeration shall not be required for a forty-eight (48) hour period after death prior to cremation when an authorizing agent has indicated a preference for cremation as the form of final disposition. This twenty-four (24) hour extension of the Boardâ€&#x;s time limit for embalming or refrigeration does not apply if death was the result of an infectious or communicable disease as defined by the proper regulatory authorities. E. DISPOSITION OF CREMATED REMAINS 1. The authorizing agent shall be required to provide the person with whom
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cremation arrangements are made with a signed statement specifying the disposition of the cremated remains. A copy of this statement shall be retained by the crematory authority. 2. The authorizing agent is responsible for the disposition of the cremated remains. If, after a period of ninety (90) days from the date of cremation, the authorizing agent or his representative has not specified the ultimate disposition or claimed the cremated remains, the disposition authority or the person in possession of the cremated remains may dispose of the cremated remains in any manner permitted by law. The authorizing agent shall be responsible for reimbursing the disposition authority for all reasonable expenses incurred in disposing of the cremated remains pursuant to this section. A record of such disposition shall be made and kept by the person making such disposition. 3. In addition to disposing of cremated remains in a crypt, niche, grave or scattering garden located in a dedicated cemetery, or by scattering over uninhabited public lands, the sea or other public waterways pursuant to subsection F, cremated remains may be disposed of in any manner on the private property of a consenting owner, upon direction of the authorizing agent. If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the disposition authority with the written consent of the property owner. 4. Except with the express written permission of the authorizing agent no person shall: a. Dispose of or scatter cremated remains in such a manner or in such a location that the cremated remains are commingled with those of another person. The provisions of this paragraph shall not apply to the scattering of cremated remains at sea or by air from individual closed containers or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for such purposes. b. Place cremated remains of more than one person in the same closed container. This paragraph shall not apply to placing the cremated remains of members of the same family in a common closed container designed for the cremated remains of more than one person. 5. Cremated remains shall be delivered by the crematory authority to the individual specified by the authorizing agent on the cremation authorization form. The representative of the crematory authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased, and the date, time and place of the receipt. The crematory authority shall retain a copy of this receipt. After this delivery, the cremated remains may be transported in any manner in this state, without permit, and disposed of in accordance with the provisions of Arkansas law and these rules and regulations. 6. Cremated remains may be scattered over uninhabited public lands, a public waterway or sea, subject to the health and environmental standards, or on the private property of a consenting owner pursuant to Subsection C, if they are reduced to a particle size of one-eighth (1/8) inch or less. A person may utilize a boat or airplane to perform such scattering. Cremated remains shall be removed from their closed container before they are scattered. F. LIMITATION OF LIABILITY 1. Each cremation authority form used by a crematory authority shall include language that authorizes it to proceed with the cremation and disposition of the cremains and indemnifications to exempt it from liability when it has performed as directed and in accordance with all applicable law and these rules and regulations in at least the following areas.
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a. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that personâ€&#x;s authority to order such cremation. Any person signing a cremation authorization form shall be personally and individually liable for all damage occasioned thereby and resulting there from. b. A crematory authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. There shall be no liability for a crematory authority, disposition authority, or other person or legal entity that cremates human remains pursuant to such authorization, or that releases or disposes of the cremated remains pursuant to such authorization. c. A crematory authority shall not be responsible or liable for any valuables delivered to the crematory authority with human remains. d. A crematory authority shall not be liable for refusing to accept a body or to perform a cremation in dispute until it receives a court order or other suitable confirmation that a dispute has been settled if: (a) It is aware of any dispute concerning the cremation of human remains. (b) It has a reasonable basis for questioning any of the representations made by the authorizing agent, or (c) For any other lawful reason. e. If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release or disposition of the cremated remains. A crematory authority shall not be liable for refusing to release or dispose of cremated remains in accordance with this subsection. G. ADMINISTRATION 1. A crematory authority may enact additional reasonable rules and regulations, not inconsistent with applicable law and these rules and regulations, for the management and operation of a crematory. Nothing in this provision shall prevent a crematory authority from enacting rules and regulations which are more stringent than the provisions contained in these rules and regulations. 2. Violations of these rules and regulations shall be punishable in accordance with all applicable law pertaining to the Board (specifically including the powers provided in ACA 17-29-403 and/or ACA 17-29-312). Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary or religious organization, or any other entity is prohibited from: a. Maintenance or operation of a building or structure within this state as a crematory without a license or in violation of the rules and regulations of the Board or other applicable regulatory bodies. b. Holding oneself out to the public as a crematory authority without being licensed under these rules or regulations, or performing a cremation without a cremation authorization form signed by the authorizing agent. c. Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information.
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d Performing a cremation in other than a licensed crematory. e. Violation of any other provision of these rules and regulations. 3. Applicable penalties may be imposed by the Board whether or not the violator holds a valid current license issued to an individual, funeral establishment, crematory authority, transport service, or other entity. H. PRE-NEED CREMATION ARRANGEMENTS 1. Any pre-need contract sold by, or pre-need funeral arrangements made with a cemetery, funeral establishment or any other party, that includes a cremation, may specify the ultimate disposition of the cremated remains, pursuant to Section “II.E”, and that portion of the agreement shall be initialed by the individual making the arrangements. In the event no additional or different instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority shall be authorized to release or dispose of the cremated remains as indicated in the pre-need agreement. 2. a. Any person, on a pre-need basis, may authorize their own cremation and the disposition of their cremated remains, on a pre-need cremation authorization which is executed in accordance with the provisions of the Arkansas Final Disposition Rights Act, which requires the signature of the person/declarant and is witnessed by two (2) individuals. The person shall have the option of designating the crematory authority. A copy of this form shall be retained by the person and a copy sent to the crematory authority, if designated. Any person shall have the right to transfer or cancel this authorization at any time prior to their death by providing written notice to all applicable parties. b. At the time of such person‟s death, any person in possession of an executed pre-need cremation authorization form and any person charged with making arrangements for the final disposition of the deceased who has knowledge of the existence of an executed pre-need cremation authorization form, shall use their best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form. c. The provision of this section shall only be applicable if the cremation authorization is executed in accordance with the Arkansas Final Disposition Rights Act of 2009. If not; the authorized agent of the deceased shall have the right to choose another form of final disposition, other than cremation, at the time of the person‟s death, unless such change is in conflict with current Arkansas law.
I. SANITATION AND FIRE SAFETY 1. The crematory, cremation chamber, and all related buildings and equipment shall be maintained in a clean and sanitary manner. All equipment in and related to the crematory shall be maintained in good condition according to the directions given by the manufacturer of the equipment and the appropriate regulatory authorities. 2. Crematory authorities applying for licensure after the promulgation of these rules shall construct their crematory in such a manner as to meet the following minimum standards: a. The floor of the crematory shall be of concrete and not covered with a flammable material.
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b. The walls and ceiling of the crematory shall be of fireproof and/or fire retardant materials. c. The crematory shall have adequate ventilation and adequate entrances and exits for the protection of the public and authority personnel. 3. No flammable material shall be stored within five feet of the cremation chamber. J. MISCELLANEOUS 1. Acceptance of a license issued by the Board gives a Board representative the right to inspect the crematory and the records of the crematory authority at any time. 2. The holders of licenses issued by the Board shall also hold current, unexpired licenses issued by all other applicable regulatory agencies. Failure to hold such other licenses or permits shall be considered a violation of these rules and regulations. 3. Personal items placed or caused to be placed in the cremation container with the body of the deceased shall not be removed by the crematory authority or its representatives. This provision does not apply if the items could cause harm to the crematory or to the crematory authority personnel during the cremation process. 4. Any items removed from the cremation container shall be returned to the authorizing agent. 5. All cremations of human remains in this state shall be arranged through the holder of a valid, current funeral establishment license as issued by this Board, either by a licensed funeral director or other representative of the establishment except as otherwise noted in these rules and regulations. 6. Records required by these rules and regulations of crematory authorities, disposition authorities, and other parties shall be kept for a minimum of five (5) years from the date of cremation. 7. Crematory authorities operating in this state as of December 1, 1989 shall: a. Be exempt from the fire safety standards contained in these rules and regulations (Section II., I., 2. a and b) as long as they are operating in their current facilities. b. Be issued a license by the Board and given adequate time to comply with the requirements of these rules and regulations as they pertain to inclusions in their authorization forms. c. Not be responsible for record keeping requirements imposed by these rules and regulations for cremations occurring before their adoption.
5. FUNERAL ESTABLISHMENT TYPE D-TRANSPORT SERVICE FIRM LICENSURE A. A transport service firm is an agent of a Type A establishment and as such is prohibited from making arrangements with the public. 1. No transport service firm headquartered or having an office in the State of Arkansas shall operate in this state without a current, valid license issued by this Board. 2. Application for licensure as a transport service firm shall be made on forms provided by the Board, identifying the ownership and the general manager of the firm. 3. A license for the operation of a transport service may be issued by the Board if the Board finds:
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a. That the firm is under the general management and supervision of a person approved by the Board. (a.) The general manager of a transport service firm must provide the Board with three (3) letters of reference, one of which must be the manager of a funeral establishment licensed by the Board. (b.) The general manager of a transport service firm must be at least twenty- one (21) years of age. (c.) The name of the general manager of a transport service firm shall be reported annually to the Board. (d.) Should the general manager of a transport service firm leave the employment of the firm during the year for any reason, the transport service firm shall notify the Board of his/her leaving within ten (10) working days and the name of the new general manager within thirty (30) working days. Any new general manager shall meet all Board requirements for that position. b. That any person employed by a transport service firm as a driver is: (a.) Eighteen years of age or older, and (b.) the holder of a valid driverâ€&#x;s license as issued by the appropriate State of Arkansas agency. c. Vehicles used by the transport service firm are suitable for the purpose for which they are being used by the firm in the transport of the human dead. (a.) Vehicles must be of adequate size and interior space. (b.) Vehicles used may at no time transport more than the number of bodies they are designed to accommodate. (c.) Vision from the outside of each transport vehicle into the area designed for transporting the dead must be restricted by tinting, curtains, shades, or other suitable means. (d.) A passenger vehicle such as a sedan may not be used except for transporting infants. (e.) A pickup truck with camper shell cover may only be used in extreme conditions caused by decomposition and odor or by extreme weather conditions or terrain. (f.) All vehicles must be kept clean and sanitary and maintained in good and serviceable condition. B. All transport service firms shall carry liability insurance coverage of not less than five hundred thousand dollars ($500,000.00). The policy shall specifically indicate that the coverage is for the transport of the human dead. Proof of required insurance shall be provided to the Board prior to issuance of an original or renewal license. C. When a transport service firm is sold or changes ownership, the Board shall be notified, in writing, within thirty (30) days of finalization of the sale or change of ownership. The license in effect shall be honored for the new owner until that license has expired. Upon expiration, a new license shall be issued in the name of the new firm if said firm complies with all applicable laws, rules and regulations. When a transport service firm is closed, the Board shall be notified, in writing, within seven (7) days of closure, and the license in force at the time of closure shall be returned to the Board office.
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D. The Board shall grant or deny each application for a transport service firm within thirty (30) days after it is filed. No applicant may operate a transport service firm until notification by the secretary of the Board that a license has been or will be issued. E. Transport service firm licenses and renewal licenses shall be issued under this section upon application, receipt of proof of required insurance, and after approval of the Board. All licenses expire on December 31st of each year and must be renewed by January 31st. 1. An application fee shall accompany each application for licensure or renewal. 2. Renewal of all transport service firm licenses must be made on or before st January 31 of each year and must be accompanied by the annual renewal fee. 3. Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. F. The general manager of a transport service firm may hire such employees as may be needed to assist him or her in providing the service of a transport service firm. Said general manger is responsible for the supervision and performance of his or her employees and agents in the course of providing the services of a transport service firm. License invalidation procedures may be brought against the firm and its general manager because of the acts or omissions of their employees and agents which violate any applicable law or the rules and regulations of the Board. G. A transport service firm may only act at the request of and as the agent of a licensed funeral establishment or its representative. H. A transport service firm is prohibited from providing shelter, care, or custody of the human dead except as provided in by law and in these and the other rules and regulations of the Board. This does not prohibit a licensed funeral director or embalmer acting as an agent and at the request of a licensed funeral establishment or its representative from providing those services. I. Holders of funeral establishment licenses issued by the Board are exempt from any requirement to hold a separate transport service firm license. J. The dignity of the deceased person shall be respected at all times by the transport service firm and its personnel. K. Acceptance of a license issued by the Board gives a Board representative the right to inspect the office of the transport service firm, its vehicles, and the records of the firm at any time. L. The holders of licenses issued by the Board shall also hold current, unexpired licenses issued by all other applicable regulatory agencies. Failure to hold such other licenses or permits shall be considered a violation of these rules and regulations. M. When acting as an agent of a funeral establishment or in the course of their normal business, ambulance companies and licensed common carriers, (examples: airlines, freight companies, railroads, etc.) may transport the bodies of the human dead in and through this state without a transport service firm license issued by the Board. RULE V APPRENTICESHIP 1. Any person desiring to apprentice in the science of embalming in this state shall be 18 years of age, have graduated from an accredited high school or been issued a certificate of equivalency issued by the public school system or the military service, or an accredited college or university, one (1) year in an Arkansas licensed establishment under an embalmer licensed by this Board, and shall assist in the preparation of at least fifty (50) bodies. This apprenticeship shall be registered with the Board, on applications provided by the Board, and individual case
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reports must be signed by both the apprentice and the licensed embalmer under whose supervision the work was done, and filed with the Board by the 10th day of the following month. This apprenticeship may be served before, during, or after attending mortuary school, except when receiving the State Assistance Grant to attend mortuary school, then the apprenticeship must be served prior to attending mortuary school. 2. Any person desiring to apprentice in the business of funeral directing in this state shall be 18 years of age, have graduated from an accredited high school or been issued a certificate of equivalency issued by the public school system or the military service, or an accredited college or university. He/she shall serve two (2) years in an Arkansas licensed establishment under a funeral director licensed by this Board, and shall actively assist in the conducting of fifty (50) funerals. This apprenticeship shall be registered with the Board, on forms provided by the Board, and individual case reports must be signed by both the apprentice and the licensed funeral director under whose supervision the work was done, and filed with the Board by the 10th day of the following month. If any person is a graduate of an accredited school of mortuary science and has passed the National Conference Exam, that person shall be required to serve only one (1) year as an apprentice funeral director. 3. All funeral director and/or embalmer case reports must be filed in the Board inspector‟s office by the 10th of the month following the month in which work was actually performed. 4. Any person who is registered as an apprentice embalmer and/or funeral director in the State of Arkansas is required to complete this apprenticeship within three (3) years of the date of registration. If not completed within three (3) years, the apprentice may re-register for a second three (3) years. If the apprenticeship is not completed within six (6) years of the date of original registration, he or she shall not be eligible to register as an apprentice for twenty-four (24) months. After this twenty-four (24) month period, a person may register as an apprentice and begin the process from the beginning, including case reports. 5. All funeral director apprentices shall perform the following duties, and register the required number of services with the Board during his/her term of apprenticeship: (a) Ten (10) services – Either make the arrangements or observe the arrangements being made with the family, including the selection of merchandise. (b) Five (5) services – Make the church set-up and organize how family and friends are to be directed. (c) Ten (10) services – Direct family, or assist in doing so, at the funeral and cemetery service, and dismiss family and friends at the conclusion of the service. (d) Five (5) services – Be in charge of the movement of the casket and instruct the pallbearers. (e) Five (5) services –Organize the funeral procession, and determine where and how parking is to be done, either chapel or church, or any other place. (f) Five (5) services – Arrange flowers. (g) Five (5) services – Direct movement of people when viewing remains, at either chapel, church or any other place. (h) Five (5) services – Organize “Order of Service” with minister and musicians. 6. Any person desiring to apprentice in the business of funeral directing and or embalming with more than one firm, may do so by completing the applicable apprenticeship form(s) and statement of apprenticeship form and register with the Board office. There are no additional fees for adding and additional location.
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7. Any person registered as an apprentice who desires to add additional licensees/supervisors, may do so by having those licensees send a signed, notarized statement to the Board office indicated their willingness to serve as a supervisor. 8. Any person registered as an apprentice who desires to leave a registered location for a new location, must register the new location with the Board before starting that apprenticeship.
RULE VI QUALIFICATIONS OF APPLICANTS FOR EXAMINATION 1. Any person desiring to be examined in the science of embalming in the State of Arkansas must meet the requirements set forth for taking the National Conference Exam. Embalmer applicants for the Arkansas Laws Exam must have completed 18 months of their apprenticeship and/or have graduated from an accredited school of mortuary science. 2. Any person desiring to be examined in the business of funeral directing within the State of Arkansas must have completed 18 months of his/her apprenticeship. 3. Application for examination as either an embalmer or funeral director, must be made in writing, on forms provided by the Board 4. All applications for examination must be notarized, and must be accompanied by the application fee of one hundred ($100.00) dollars. RULE VII EXAMINATIONS/LICENSURE 1. Regular examinations shall be held quarterly and/ or at the discretion of the Board. 2. Applicants for embalmer licenses shall: Take and pass both parts of the National Conference Exam as well as both parts of the Arkansas Laws Exam. 3. Applicants for a funeral director license shall be given a written and oral examination on information contained in the: (a) Arkansas Laws, Rules and Regulations Manual (b) and any other such subjects the Board may deem necessary. 4. Applicants for a funeral director license shall be required to score a minimum of 75 percent on both the written and oral parts of the Arkansas Laws Exam to successfully pass that examination. Upon passing the examination, the applicant shall be entitled to receive, from the Board, a certificate to practice the business of funeral directing, provided all the other requirements have been met. 5. Applicants for an embalmer license shall be required to score a minimum of 75 percent on both parts of the National Conference Exam and a minimum of 75 per cent on both parts of the Arkansas Laws Exam. Upon passing the examinations, the applicant shall be entitled to receive, from the Board, a certificate to practice the science of embalming, provided all the other requirements have been met. 6. All questions used on the Arkansas Laws Exam are the property of the Board, and must be returned by the applicants with their answers. 7. Any applicant giving assistance to another applicant or receiving assistance or found to have on his person material of any nature which, in the opinion of the Board, may be used to assist in the examination, shall forfeit the fee paid and be ejected from the examination, and shall not be entitled to any further consideration by the Board.
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8. An applicant may qualify to take the Arkansas Laws Exam at the completion of eighteen (18) months of his/her apprenticeship 9. Graduates of an accredited Mortuary (Embalming) School shall be immediately eligible to take the Arkansas Laws Exam. RULE VIII LICENSE REQUIREMENTS FOR OUT OF STATE LICENSES Any person holding a valid, unrevoked and unexpired license as an embalmer or funeral director in another state, U.S. Territory, or Provincial Authority, may apply for a license to practice in this state as an embalmer or funeral director, or both. Application shall be made by filing with the secretary-treasurer of the board a certified statement from the secretary of the examining Board of the state, U.S. Territory or Provincial Authority in which the applicant holds his/her license showing the basis upon which the license was issued. Upon receipt of the application, the secretary of the Board may issue temporary working numbers, which are valid for one year from the date of issuance. To obtain a license, the applicant shall pass an exam to prove his/her proficiency, including at least, but not limited to, knowledge of the laws, rules and regulations of this state pertaining to funeral service. The exam may be taken at one of the regularly scheduled exam sessions set by the Board. If the Board is satisfied with the proficiency of the applicant, upon receipt of the prescribed fees in 17-29-208, a license may be granted. Failure to meet the testing requirement shall result in the revocation of the temporary working numbers and the applicant must reapply and pay the appropriate fees. RULE IX LICENSE RENEWALS AND REINSTATEMENTS 1. (a) All embalmer and funeral director licenses issued by this Board shall expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. (b) All establishment licenses expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. (c) Renewal fees, as provide for, must accompany each application for renewal. (d) Every licensed embalmer and/or funeral director who is actively engaged in the practice of embalming and/or funeral directing in Arkansas shall report 8 hours of approved continuing education on the renewal form. (e) Failure to receive the renewal notice shall not relieve the licensee or establishment of the duty to pay the renewal fee as prescribed. 2. All renewals received after January 31st of each year are considered delinquent, and certificate holders are not allowed to practice the science of embalming or the business of funeral directing, until a renewal card has been issued for the current year. A delinquent fee of fifty ($50.00) dollars for each three (3) months, or fraction thereof, with a maximum of two (2) years, must be remitted with a renewal fee of two (2) years, which will include the year renewed. Any person in arrears more than three (3) years must appear before the Board at a regular meeting. 3. When a certified embalmer or funeral director shall have failed to renew his/her certificate for a period of more than three (3) years, but who shall have practiced the science of embalming or the business of funeral directing in a foreign State or Province, and upon satisfactory proof, and upon producing two (2) affidavits by responsible persons to that effect, may be reinstated upon payment of the specified renewal fee, to wit: A delinquent fee of Fifty dollars ($50.00) for each three (3) months, or fraction thereof, with a maximum of two (2) years,
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must be remitted with a renewal fee of two (2) years, which will include the year renewed. A renewal certificate, bearing the same number as the original certificate, shall be issued. 4. A licensed embalmer and or funeral director who fails to renew his/her license for a period of five (5) years, in addition to appearing before the Board and paying the required delinquent fees of fifty ($50.00) dollars per quarter, per license for a maximum of two (2) years, plus the license fees for those two (2) years, shall be required to take and pass the Arkansas Laws written and oral exams.
RULE X DUPLICATE EMBALMER, FUNERAL DIRECTOR AND FUNERAL ESTABLISHMENTS LICENSES 1. A charge or fee of twenty ($20.00) dollars shall be made for the issuance of a duplicate embalmer, funeral director, or establishment license. This fee shall apply to each duplicate license issued. The original license number and expiration date, along with the work “Duplicate” shall be affixed. RULE XI FEES Embalmer License Renewal………………………………………………..$30.00 Funeral Director License Renewal…………………………………………..30.00 Establishment License Renewal ( Type A or B)………………………… 150.00 Crematory License Renewal…………………………………………………50.00 Transport License Renewal…………………………………………………. 50.00 Student Embalmer Application………………………………………………50.00 Student Funeral Director Application………………………………………..50.00 Establishment License Application (Type A, B, C, or D) …………………..50.00 Reciprocal Application (Emb or FD)……………………………………… 150.00 Examination Fee (Emb or FD)…………………………………………….. 100.00 Delinquent Fee (Emb or FD) per quarter, per license …………………….. 50.00 Delinquent Fee (Establishment) A,B,C or D per quarter…………………… 50.00 Original License (Emb or FD) ……………………………………………… 10.00 Original License (Establishment) Type A,B, C or D…………………………35.00 Duplicate License (Emb or FD)………………………………………………20.00 Duplicate License (Establishment) Type A,B C or D………………………. .20.00 Continuing Education Application Fee…………………………………… 100.00 RULE XII DISCLOSURE 1. All funeral merchandise shall have a visible price card. The price card shall clearly state what merchandise and/or services are included in the quoted price. 2. Every funeral firm and/or funeral director in this state shall give, or cause to be given, to the person or persons making funeral arrangements, or arranging for the disposition of a dead human body, at the time such arrangements are completed, and prior to the time of rendering the service, and/or providing the merchandise, a written statement to the extent then known: (a) The price of the service that the person or persons have selected and what is included therein; (b) The price of each of the supplemental items of service and/or merchandise requested;
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(c) The amount involved for each of the items for which the firm will advance monies as an accommodation to the family; and (d) The method of payment. 3. No funeral firm shall bill or cause to be billed any item that is referred to as a “Cash Advance or Cash Accommodation� item unless the net amount paid for such item or items by the funeral firm is the same as it is billed by the funeral firm. 4. Every funeral firm and/or funeral director or embalmer in the State of Arkansas shall comply with these and all other requirements of the Federal Trade Commission (FTC) as they apply to funeral service. RULE XIII AGED LICENSES 1. The Board shall waive the renewal fee for any funeral director and/or embalmer license for any licensee who has retired and whose license has been in force and effect for fifty (50) or more years on the fiftieth (50th) anniversary of that license and a Lifetime License shall be issued by the Board to that licensee RULE XIV FUNERAL SERVICE PRACTICES 1. Authorization shall be obtained from the authorizing agent who will be responsible for the post death arrangements before removal of any body from the place of death, provided, however, that removal may be made without authorization where human dignity or the avoidance of a public nuisance requires. Such removal without authorization shall be made only pending required authorization from the authorizing agent when it can be obtained. If the funeral firm, to whose establishment the body was removed, is not the one subsequently selected to provide the immediate post death activities, such firm shall release the body to the firm or individual selected by the authorizing agent; provided however, that if the initial removal was at the request of a public official or the authorizing agent who later decided to employ another firm, costs incurred in the removal, shelter and temporary care of the body shall be paid by such public officials or the authorizing agent. However, such payment shall not be a prerequisite to release of the body. 2. When a funeral establishment has proper custody of a body, its personnel shall not proceed with any of the actual embalming procedures, when there is any indication that embalming is not desired; provided, however, that washing and other public health procedures such as the closing of the orifices by placing cotton soaked in a disinfectant in such orifices until such authorization is received or refused, shall not be precluded; and further provided, that if authorization cannot be obtained or denied, from the authorizing agent within a reasonable time, then preparation of the remains by the normal and usual method of embalming, for purpose of preservation and viewing, will be assumed to be granted. 3. The personnel of a funeral establishment whose services are desired shall make every reasonable attempt to fulfill the needs and desires of the deceased and/or the authorizing agent, both as to service and merchandise, and a full disclosure of all its available services and merchandise shall be made to the authorizing agent prior to selection of the casket and services. 4. Using any funeral merchandise previously used, in whole or in part, without prior written permission of the person selecting and/or paying for the use of the merchandise, is prohibited. 5. Any statements of legal requirements shall be complete and factual, as shall statements as to the conditions under which embalming is required or advisable. Representations
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as to the use of a casket or other receptacle and the necessity, if any, of an interment receptacle in connection with a funeral or an alternative thereto or for final disposition shall be truthful and shall disclose all legal and/or cemetery interment requirements. 6. The personnel shall explain, when such explanation is desired, the components of the price for alternatives to a funeral such as the following: (a) Memorial Service (b) Graveside Service (c) A Direct disposition (d) Body donation without any rites of ceremonies, prior to the delivery of the body, and prices of services if there is to be such after the residue has been removed following use thereof. 7. Each funeral establishment which has a casket selection room shall have a card or brochure in each casket therein setting forth the price of the service using said casket and listing the services and other merchandise included in the price, if any. Where there are separate prices for the casket and/or services, and/or the use of facilities and/or equipment, such card should indicate the price of the casket and of the items separately priced. The price of the casket only may be displayed on such card in the casket, if all other separately priced items are provided in writing prior to the selection of the casket; provided, however, that such price be accompanied by language that the price quoted is for the casket only. 8. Funeral service firms are required to make reasonable adjustments in their price when less than the quoted offering is utilized. 9. When death occurs in a place other than where the funeral or other services or final disposition are to take place, and the service of two funeral firms are necessary, the funeral firm engaged at the place of death shall charge only for the professional services, facilities and merchandise provided, and a representative thereof shall so notify the funeral firm to which the body will be forwarded. The receiving funeral firm shall charge only for the professional services, facilities and merchandise provided by it. There shall be a duplication of charges by the forwarding and receiving funeral firms only when there is a duplication of professional services, facilities or merchandise pursuant to the request of the authorizing agent. 10. Every funeral firm shall have available to the public before and at the time of need, factual information about immediate post death activities, including funeral prices, alternative types of services and their prices. Such information shall include the functions, services and responsibilities of the funeral service firm. 11. In an advertisement, whenever references are made to a service available, such as “a funeral”, “complete funeral” “complete service” “memorial service”, or “direct disposition”, factual information also shall be given as to professional services, facilities, equipment, merchandise and miscellaneous items including in said terminology and regularly obtainable from the firm(s) named in the advertisement. 12. No funeral service firm shall employ any form of “bait advertising” as described in this rule. 13. Any advertisement to offer to provide a service at a stipulated price shall me made in good faith, and (a) The merchandise to be used in the service shall be a part of the regular merchandise displayed by or for the funeral service firm; and (b) The desirability of such offer shall not be disparaged or otherwise discouraged.
38
14. No principal, employee, or agent of a funeral service firm will make inaccurate statements concerning the prices charged or nature of services provided by other funeral service firms.
RULE XV COMPLAINTS 1. Complaints concerning violations of these Rules and Regulations may be made by the Board itself, through its Inspector, Investigator, Secretary, or other official, or by a member of the public. 2. All complaints shall be filed with the Secretary of the Board. 3. A copy of that complaint will be sent to the licensee or party against whom the complaint has been lodged. 4. The licensee or other party is to be given fifteen (15) days to respond, in writing, to the allegations of the complainant. Failure to respond to the complaint is an automatic violation. 5. All complaints and responses shall be typed, signed and notarized. 6. The Secretary will review the complaint and responses to determine if further investigation is warranted. The Secretary may direct the Board Inspector to obtain statements or other information. 7. The complaint, response and other information, if any, will be forwarded to the Board Legal Counsel, the Arkansas Attorney General and Board members for review. 8. The Board will review the relevant documentation to determine whether official action will be taken. 9. If the Board finds there is reasonable grounds for belief the licensee is guilty of violation of Chapter 29, Arkansas Code, or the Rules and Regulations, then the Board will cause the Secretary to issue Order and Notice of Hearing, which will be served on the licensee or other party by Certified Mail. This notice will contain all the information required by the Administrative Procedures Act. 10. The Secretary shall give twenty (20) days written notice to the complainant of the time and place of the hearing. Failure to appear at the Hearing is an automatic violation. 11. The Hearing will be conducted by the President of the Board, in accordance with the Administrative Procedures Act. At all hearings, the Board will be provided the legal counsel or the Arkansas Attorney Generalâ€&#x;s Office. RULE XVI PARLIAMENTARY PROCEDURES 1. Roberts Rules of Order is adopted as the official Parliamentary Manual, and the rules contained therein shall govern the Arkansas State Board of Embalmers and Funerals Directors in all cases to which they are applicable and which do not conflict with the State Statutes and the Rules and Regulations of this Board.
39
Subchapter 2
Embalmers and Funeral Directors Law - State Board of Embalmers and Funeral Directors
ยง 17- 29- 201
Creation - Members
(a)
There is created the State Board of Embalmers and Funeral Directors.
(b)
The board shall consist of seven (7) members, appointed by the Governor, with the advice and consent of the Senate, for a term of three (3) years.
(1)
Four (4) members, at least one (1) of whom shall be from each of the four (4) congressional districts and one (1) at large representative, shall be appointed as follows: (A)
Five (5) members of the board shall be embalmers and or funeral directors licensed under subchapter 3 of this chapter who shall have had at least five (5) consecutive years of active experience as embalmers or funeral directors in Arkansas immediately preceding appointment. The Governor shall appoint members to the board from three (3) nominees submitted by the licensed embalmers and funeral directors. In the event no nominations are submitted to the Governor by July 1 of any year in which an appointment is to be made, the Governor may make the appointment, provided that the appointee meets the other requirements for board membership;
(B)
One (1) member of the board shall be designated as a consumer representative. He or she shall be appointed from the state at large, subject to confirmation by the Senate, but shall not be required to be appointed from a list submitted by the licensed embalmers and funeral directors. He or she shall be a full voting member.
(2)
One (1) member of the board shall not be actively engaged in or retired from the profession of embalming and funeral directing, shall be sixty (60) years of age or older, and shall represent the elderly. He or she shall be appointed from the state at large, subject to confirmation by the Senate, but shall not be required to be appointed from a list submitted by the licensed embalmers and funeral directors. The position may not be held by the person holding the consumer representative position. He or she shall be a full voting member.
(c)
No member shall serve more than three (3) consecutive three year terms on the board.
(d)
The Governor may remove any member of the board for incompetence or improper conduct. Vacancies caused by death, resignation, or removal before the expiration of term shall be filled by the Governor for the remainder of the term.
(e)
The Governor shall furnish each member appointed to the board a certificate of appointment stating the date of the appointment and the date of the expiration of the appointment. Before entering upon his duties, each member appointed to the board shall qualify by taking the oath of office before an officer authorized by law to administer oaths in this state. This shall be noted on the certificate of appointment.
(f)
The board may, by a majority vote of the total membership, at the first regularly scheduled meeting of each calendar year, authorize expense reimbursement for the board members to perform official duties of the board, and such expense reimbursement shall not exceed the rate established for state employees in the state travel regulations.
ยง 17- 29- 202
Meetings
(a)
The board shall hold not less than one (1) meeting annually for the purpose of selecting nominees for the appointment of one to a term on the board. The meeting shall be held at such time and place as the board may determine, after notice of the meeting has been given to the general public in a manner to be determined by the board, at least thirty (30) days prior to the meeting.
(b)
The board shall hold at least two (2) examinations each year at convenient times and places.
(c)
The board may hold such other meetings as it may deem necessary.
(d)
Four (4) or more members shall comprise a quorum.
ยง 17- 29- 203
Selection of Officers
(a)
The board appointed under the provisions of this chapter, and each successor thereto, is authorized to select from its own membership a president, vice president, and secretary-treasurer who shall serve for oneyear terms or until their successors are elected and qualified.
(b)
In the event no member of the board is able, for any reason, to serve as secretary-treasurer, then by a majority vote of the board, it may employ a person to serve as secretary-treasurer and that person is not required to be a licensed embalmer or funeral director.
ยง 17- 29- 204
Duties of Secretary-Treasurer
The secretary-treasurer of the board shall: (1) Have general supervision and be held responsible for the direction of the office of the board;
(2) Have general supervision over field inspection and enforcement of the provisions of this subchapter and subchapter 3 of this chapter; (3) Be responsible to the board. Such responsibility shall include timely dissemination of information; (4) Be responsible for making public the procedures for making inquiries into the practice of funeral directors or embalmers and for making complaints concerning the practices; (5) Keep a record in which shall be registered the name and business address of every person to whom licenses have been granted in accordance with subchapter 3 of this chapter, the number and date of the license, and the date of renewal of the license; (6) Supply on request to any person licensed as an embalmer or funeral director, to common carriers in this state, to hospitals licensed in this state, or to other persons reasonably entitled to a list of all persons and funeral establishments holding licenses under subchapter 3 of this chapter. The publication giving the information shall include all laws, rules, and regulations regarding the practice of embalming or funeral directing; (7) Hold all moneys received by the board to pay the salary, per diem, and other necessary and allowable expenses for the operation of the board in carrying out the provisions of this subchapter and subchapter 3 of this chapter; (8) Give bond to the State of Arkansas in such sum as the board may direct. Any premiums payable for such bond shall be paid from the funds of the board. The bond shall be deposited with the Auditor of State; (9) Receive and be paid an annual salary not to exceed the amount authorized by law; and (10) Be authorized to receive reimbursement for expenses incurred in performance of duties. ยง 17- 29- 205
Inspector
(a) There may be appointed by the board an agent or agents whose title shall be Inspector of the Board of Embalmers and Funeral Directors of the State of Arkansas. No person shall be eligible for appointment to the office unless he or she has not less than five (5) consecutive years of active experience as an embalmer and funeral director licensed in this state. The board may appoint an investigator who need not be a licensed embalmer or funeral director. (b) The inspector shall hold office at the pleasure of the board who shall determine his duties. (c) The inspector, with proper identification, is authorized to enter the office, premises, establishment, or place of business of any business in this state where the pratice of embalming or funeral directing is carried on, or where the practice is advertised as being carried on, for the purpose of inspecting the premises or establishment, inspecting the license and registration of any licnesee, inspecting the manner and scope of training given to any apprentice therein, and to insure compliance with all state laws, rules and regulations pertaining to funeral service. Acceptance of a license under subchapter 3 of this chapter shall be the licensee's permission for the inspector to enter his business premises without legal process. (d) The inspector is further authorized to serve and execute any process issued by any court under the provisions of this chapter, to serve and execute any papers or process issued by the board under the authority of this subchapter and subchapter 3 of this chapter, and to perform such other duties as prescribed or ordered by the board. (e) The inspector shall not accept any employment, salary, fees, or other remuneration from a funeral establishment or wholesale firm dealing in funeral supplies and equipment.
(f) The inspector shall receive such compensation as the board may determine within the maximum authorized by law. ยง 17- 29- 206
Employees
The board may employ clerical assistants or other employees as authorized by law and as necessary to carry out the provisions of this subchapter and subchapter 3 of this chapter. The terms and conditions of the employment shall be determined by the board.
ยง 17- 29- 207
Rules and Regulations
(a) The Board of Embalmers and Funeral Directors is empowered to promulgate appropriate rules and regulations for the transaction of its business and for the betterment and promotion of the standards of service and practice to be followed in the practice of embalming and funeral directing in the State of Arkansas as it may deem expedient and consistent with the laws of this state and for the public good. (b) The board is expressly authorized and empowered to promulgate rules and regulations reasonably necessary to reflect any changes in the law as adopted by the United States Congress or any appropriate agency of the Government of the United States as it affects funeral establishments, funeral directors, or embalmers and for the purpose of keeping this law consistent with, and compatible to, the laws of the United States. (c) The board is authorized and empowered to determine the qualifications necessary to practice the science of embalming or the business of funeral directing, or both, and shall adopt bylaws, rules, and regulations in connection with the care and disposition of dead human bodies in this state. The board shall enforce compliance with the laws, rules, and regulations by those engaged in the science of embalming and business of funeral directing in this state and may transact any other business necessary for carrying out the provisions of this subchapter and subchapter 3 of this chapter. (d)
(1) The board may promulgate reasonable regulations for the licensing of crematoriums.
(2) Beginning January 1, 1990, no crematorium may be operated in this state unless licensed by the board, and no person shall be cremated in this state except at a licensed crematorium. (A) Five (5) members of the board shall be embalmers and or funeral directors licensed under subchapter 3 of this chapter who shall have had at least five (5) consecutive years of active experience as embalmers or funeral directors in Arkansas immediately preceding appointment. The Governor shall appoint members to the board from three (3) nominees submitted by the licensed embalmers and funeral directors. In the event no nominations are submitted to the Governor by July 1 of any year in which an appointment is to be made, the Governor may make the appointment, provided that the appointee meets the other requirements for board membership; (B) Violations of this subsection are Class A misdemeanors. (e)
(1) In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the board is authorized to license, inspect, and promulgate reasonable regulations for any person, partnership, corporation, association, society, or other legal entity engaged in the business of transporting dead human bodies over the public streets and highways of this state.
(2) Violations of regulations promulgated under this subsection are Class A misdemeanors. ยง 17- 29- 208
Fees
The board shall establish and collect reasonable fees. ยง 17- 29- 209
Continuing Education
(a) The board may develop and establish by regulation a program for continuing education and its requirements for all funeral directors and embalmers licensed under subchapter 3 of this chapter. (b) The board shall have the authority to excuse licensees, as a group or as individuals, from a continuing education program, in the event any unusual circumstances, emergency, or hardship prevents participation in the program. ยง 17- 29- 210
Legal Counsel
(a) The board, when it shall deem necessary, shall be represented by the Attorney General. (b) It may also employ special counsel when necessary, whose services shall be paid for from funds of the board. Special counsel shall be retained only with the prior approval of the Attorney General.
Subchapter 3
Embalmers and Funeral Directors Law - Licensing
ยง 17- 29- 301
Embalmers - Qualifications
(a) Every person who desires to practice the science of embalming in this state shall: (1) Be at least eighteen (18) years of age; (2) Be a graduate of an accredited high school or the equivalent thereof; (3) Be a graduate of a school of embalming, which is accredited by the American Board of Funeral Service Education or accredited by the State Board of Embalmers and Funeral Directors; (4) Make a written application to the board attaching the fee as prescribed in ยง 17-29-208; (5) Have served as a registered apprentice embalmer for not less than twelve (12) months in the State of Arkansas under the direct personal supervision of an Arkansas licensed embalmer and submit at least fifty (50) case reports to the board; and (6) Take and pass both parts of the National Board Examination and both parts of the Arkansas Laws, Rules and Regulations exam and present himself/herself to the board for a licensing interview. (b)
(1) Any person desiring to engage in the science of embalming in this state, in addition to graduating from an approved college of mortuary science recognized by this board, shall serve an apprenticeship of one (1) year in the State of Arkansas under an embalmer licensed by this board and shall assist in the preparation of at least fifty (50) bodies.
(2) This apprenticeship shall be registered with the board on applications provided by the board. Individual case reports shall be signed by both the apprentice and the licensed embalmer under whose supervision the work was done and filed with the board by the tenth day of the following month. (3) This apprenticeship may be served before, during, or after attending a college or mortuary science except when the applicant is receiving financial assistance from the state to attend mortuary school, in which instance the apprenticeship shall be served prior to attending mortuary school. This subdivision applies to persons who were enrolled in mortuary school on January 1, 2000 and those who enroll after that date.
ยง 17- 29- 302
Funeral Directors - Qualifications
(a) Every person who desires to engage in the business of funeral directing in this state shall: (1) Be at least eighteen (18) years of age; (2) Be a graduate of an accredited high school or the equivalent thereof; (3) Have served as an apprentice funeral director for not less than twenty-four (24) months in the State of Arkansas under the direct personal supervision of an Arkansas licensed funeral director. Completion of the requirement to be a graduate of a school of embalmers as set forth in ยง 17-29-301(a)(3) may be substituted for twelve (12) of the twenty-four (24) months apprenticeship established herein; (4) Make application to the board attaching fee as prescribed in ยง 17-29-208; and (5) Present himself/herself before the board at a time and place fixed by the board and make a passing grade on both the written and oral examinations. (b)
(1) Any person desiring to engage in the business of funeral directing in the State of Arkansas shall serve an apprenticeship of two (2) years in the State of Arkansas under a funeral director licensed by this board, and that person shall actively assist in conducting fifty (50) funerals. Notice of the apprenticeship shall be recorded with the secretary of the board, and by the licensed funeral director supervising the apprenticeship, not later than thirty (30) days after the commencement of the apprenticeship. (2) If any person is a graduate of an accredited mortuary program and has passed the National Board Examination, that person shall be required to serve one (1) year as an apprentice funeral director. (3) The board shall have the power to suspend or revoke a certificate of apprenticeship for violation of any provision of this subchapter or subchapter 2 of this chapter.
(c) The board may require applicants for licensure as funeral directors to successfully complete up to twenty (20) hours of classroom instruction in funeral service practices and ethics, and laws, rules, and regulations affecting funeral service. Only courses of instruction approved by the board shall satisfy this requirement.
ยง 17- 29- 303
Embalmers, Funeral Directors - Examination - Certificates
(a) Within a reasonable time and in a place reasonably accessible to the applicant, after completion and filing of an application with the board, the board shall subject each applicant to a written and oral examination as to his competency to act as an embalmer or funeral director, or both. (b) If on examination the board finds that the applicant possesses a knowledge of the science of embalming, sanitation, and disinfection,or funeral directing, or both, and meets the qualifications prescribed herein, the board shall issue the applicant a certificate authorizing him to practice the science of embalming or to engage in the business of funeral directing, or both. The board shall then register the applicant as a duly certified embalmer or funeral director, or both. (c) The certificate shall be signed by the president and secretary of the board and shall have the official seal affixed. (d) Every license holder shall maintain his license in a convenient place in his office or place of business. ยง 17- 29- 304
Funeral Establishment - Requirements
(a) No person shall conduct, maintain, manage, or operate a funeral establishment unless a license for each establishment has been issued by the board and is displayed in the funeral establishment. (b) No license shall be issued to operate a full service funeral establishment by the board unless the establishment has employed a full-time person licensed as a funeral director. If the establishment is a part of a multiunit enterprise within this state, only one (1) establishment within the multiunit enterprise must have a full-time person licensed as funeral director, provided the full-time licensed person is reasonably accessible to the branch establishment. (c) Application for the funeral establishment licenses shall be made on forms furnished by the board, on or before January 1 of each year, and accompanied by the specified fee. (d) All embalming therein shall be performed by or under the direct supervision of an Arkansas licensed embalmer. (e) An establishment in which embalming is conducted shall have a preparation room with a sanitary floor, walls, and ceiling, adequate sanitary drainage and disposal facilities, including running water, and exhaust fans. Such establishment shall comply with the regulations of the Department of Health and OSHA for the prevention of the spread of contagious, infectious, or communicable diseases. (f) Each funeral establishment using an available embalmer shall file with the board a notarized statement signed by the embalmer, stating that his services are available to the establishment at all times, and within a reasonable time after death occurs, not to exceed six (6) hours. (g) A funeral establishment shall contain a casket selection room with a reasonable number of caskets therein. The reasonable number shall be determined by the board. However, if an establishment is a part of a multiunit enterprise, only one (1) establishment in the enterprise need have a selection room if it is within a reasonable distance of other establishments within the multiunit enterprise. (h) Mobile homes or mobile units are prohibited for use as a funeral establishment or branch thereof. No mobile home or mobile units shall be used for the performance of any function or service of a funeral establishment except in case of emergency as prescribed by the board. Mobile homes, modular units, manufactured homes, and similar mobile units may be
granted a replacement license on a case by case basis
§ 17- 29- 305 (a)
Funeral Establishment - Examinations - Licenses (1) Funeral establishment licenses shall be issued, upon application to the board, only after examination of the establishment to be licensed reveals that the requirements of the board for an establishment license have been met. The fee shall accompany the application for a funeral establishment license. (2) All funeral establishment licenses expire on December 31 of each year. (3) The board shall grant or deny each application for a license under this section after it is filed. (4) No person who has filed an application for a license shall be prosecuted for violation of this section unless it is shown that this application was duly denied by the board and that he was duly notified of the denial.
(b) When an establishment changes ownership, the board shall be notified, in writing, within thirty (30) days. At that time a new license shall be issued in the name of the new establishment, providing that the requirements for licenses as established herein are met. § 17- 29- 306
Renewal
(a) Every license holder under the provisions of this subchapter who wishes to continue the practice of the science of embalming or the business of funeral directing, or both, shall pay to the secretary-treasurer of the board on or before January 31 of each year a renewal fee. Certificates not renewed by January 31 of any year shall be considered delinquent. Any person in arrears more than three (3) years shall make application to the board and appear before the board at a regular meeting to be eligible for renewal of license. (b) Renewal of all funeral establishment licenses shall be made on or before January 31 of each year and shall be accompanied by the annual renewal fee prescribed in § 17-29-208. Licenses not renewed by January 31 of any year shall be considered delinquent and constitute grounds for disciplinary action by the board. (c) Failure to receive the renewal notice shall not relieve the licensee or establishment of the duty to pay the renewal fee as prescribed. § 17- 29- 307
Revocation
(a) The board may refuse to renew, or may suspend or revoke, a license issued under this subchapter if it finds, after hearing, that the funeral establishment does not meet any one (1) or all of the requirements set forth in this subchapter or subchapter 2 of this chapter. (b) No new license shall be issued to the owner of a funeral establishment or to a corporation controlled by that owner for one (1) year after the revocation of the license. (c) Before any action can be taken under this section, the procedure for notice and hearing prescribed by the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq., shall be followed. § 17- 29- 308
Grandfather Clause
Any person currently holding an embalmer's license or a funeral director's license or any funeral establishment holding a license on March 3, 1983, shall not be required to make application for,
or submit to, an examination, but shall be entitled to a renewal of such license, upon the same terms and conditions as are herein provided for the renewal of licenses of those who may be licensed after March 3, 1983, and such rules and regulations as the board may adopt in pursuance of this subchapter and subchapter 2 of this chapter. ยง 17- 29- 309
Retired Embalmers or Funeral Directors
The board shall have the power to adopt appropriate rules and regulations regarding the issuance and renewal of license to individuals who shall have retired from the active practice of embalming or funeral directing based upon the age of the individuals or years of licensure. ยง 17- 29- 310
License Requirements for Out-of-State Licenses
(a) Any person holding a valid, unrevoked, and unexpired license as an embalmer or funeral director in another State, U.S. Territory or Provincial Authority, may apply for a license to practice in this state as an embalmer or funeral director, or both. Application shall be made by filing with the Secretary-Treasurer of the Board a certified statement from the Secretary of the examining board of the State, U.S. Territory or Provincial autority in which the applicant holds his or her license showing the basis upon which the license was issued. Upon receipt of the application, the Secretary-Treasurer of the Board may issue temporary working numbers which are valid for one year from the date of issuance. To obtain a license, the applicant shall pass an exam to prove his/her proficiency, including at least, but not limited to, knowledge of the laws, rules and regulations of this State pertaining to funeral service. The exam may be taken at one of the regularly scheduled testing sessions set by the Board. If the Board is satisfied with the proficiency of the applicant, upon receipt of the prescribed fees in 17-29-208, a license may be granted. Failure to meet testing requirements shall result in revocation of the temporary working numbers and the applicant must reapply and pay the appropriate fee.
ยง 17- 29- 311
Violations - Prohibitions
(a) The State Board of Embalmers and Funeral Directors may issue letters of reprimand or caution, refuse to issue a license, suspend or revoke any license for the practice of embalming or funeral directing, or may place the holder thereof on a term of probation after proper hearing upon finding the holder of the license to be guilty of acts of commission or omission, including the following (1) Conviction of a felony; (2)
Misrepresentations made or fraud committed as a holder of a license;
(3)
False or misleading advertising;
(4) Solicitation of dead human bodies by the licensee, his agents, assistants, or employees, whether such solicitation occurs after death or while death is impending, providing that this prohibition shall not be deemed to prohibit general advertising; (5) Employment directly or indirectly of an apprentice, agent, assistant, employee, or other person, on a part-time or full-time basis or on a commission for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment; (6) The direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants, or employees for the purpose of securing
business; (7) Allowing personnel unlicensed pursuant to this subchapter to execute contracts for funeral service; (8) Aiding or abetting an unlicensed person to practice embalming or funeral directing; (9) Violation of any provision of this subchapter and subchapter 2 of this chapter; (10) Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies; (11) Fraud or misrepresentation in obtaining or renewing a license; (12) Refusing to properly release a dead human body to the custody of the person or entity having the legal right to effect such release; (13) Willful failure to secure a permit for the removal or burial or other disposition of a dead human body; (14) Knowingly making a false statement on a certificate of death; (15) Violations of applicable law or regulation with regard to prearranged or prepaid funeral services or funeral merchandise. However, the proper regulatory agency for prearranged or prepaid funeral services or funeral merchandise shall have determined that such a violation has occurred; or (16) Discriminating in services because of race,creed, color, or national origin; (17) Failure to meet continuing education requirements; or (18) Failure to answer a complaint within the 15 day time period. (b) No violation of subdivisions (4), (5), (6), or (7) of subsection (a) shall be deemed to have occurred when in the ordinary course of business a routine sale of a prearranged or a prefinanced funeral or of funeral merchandise shall have been made. (c) No person licensed pursuant to this subchapter shall remove or embalm a dead human body when he or she has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner, or some other fully qualified person acting in such capacity if there is no coroner or medical examiner, has first been obtained. (d) No public officer or employee, or the official of any public institution, or any physician or surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to a funeral establishment or to any person licensed pursuant to this subchapter the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any such kin is found, his or her authority and directions shall govern except in those instances where the deceased made his or her arrangements. (e) It shall be unlawful for any person, partnership, corporation, or association who has not been licensed or registered as specified in this subchapter to transact, practice, or hold himself or itself out as transacting or practicing embalming or funeral directing, or operating or maintaining a funeral establishment within this state. (f) All dead human bodies not buried or otherwise disposed of within twenty-four (24) hours after death shall be embalmed as prescribed in this subchapter or subchapter 2 of this
chapter or stored under refrigeration as determined by the State Board of Health. (g) It shall be unlawful and a violation of this subchapter and subchapter 2 of this chapter to transport or otherwise transfer by common carrier any dead human body out of the State of Arkansas unless the body has been prepared and embalmed by a licensed embalmer of this state and a transit-burial permit has been issued by the local registrar of the county where death occurred. Any licensee of this state permitting this to be done shall be subject to the punishment spelled out in this subchapter and subchapter 2 of this chapter. (h) It shall be unlawful and a violation of this chapter for any person to engage in the practice of embalming or funeral directing or to hold himself out to the public as a practicing embalmer or funeral director within the State of Arkansas without being the holder of a license. § 17- 29- 312
Suspension or Revocation - Procedure
(a) Whenever the board has reason to believe that any person to whom a license has been issued has become unfit to practice as an embalmer or funeral director or has violated any of the provisions of this subchapter and subchapter 2 of this chapter, or any rules or regulations prescribed, or whenever written complaint charging the holder of a license with the violation of any provision of this subchapter or subchapter 2 of this chapter is filed with the board, it shall be the duty of the board to start an investigation within thirty (30) days of the receipt of the complaint. (b) If from such investigation it shall appear to the board that there is reasonable ground for belief that the accused may have been guilty of the violations charged, a time and place shall be set by the board for a hearing to determine whether or not the license of the accused shall be suspended or revoked. Any member of the board shall have the right to administer oaths to witnesses. The hearing and appeals therefrom shall be pursuant to the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq. (c) No action to suspend, revoke, or cancel any license shall be taken by the board until the accused has been furnished with a statement of the charges against him and by whom he is charged and a notice of the time and place of hearing.
§ 17- 29- 401
Criminal Penalties
Any person who, after February 28, 1985, practices the science of embalming, engages in the business of funeral directing, or conducts, maintains, manages, or operates a funeral establishment without a license issued under any provision of subchapters 2 and 3 of this chapter shall be guilty of a Class A misdemeanor and subject to the punishment prescribed for Class A misdemeanors in the Arkansas Criminal Code as now or hereafter amended. § 17- 29- 402
Injunctions
Without posting bond, the State Board of Embalmers and Funeral Directors may petition the chancery court of the county where the violation occurred to enjoin violations of subchapters 2 and 3 of this chapter, or board regulations promulgated thereunder. § 17- 29- 403 (a)
Civil Penalties - Attorney's Fees - Code of Conduct
Whenever the State Board of Embalmers and Funeral Directors, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq., determines that a person has violated any provision of subchapters 2 and 3 of this chapter, or any regulations promulgated by the board pursuant thereto, the board may impose a civil penalty on such person not to exceed ten thousand dollars
($10,000). (b)
If a person against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Circuit Court of Pulaski County to collect the civil penalty.
(c)
If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs incurred by the board in prosecuting the action.
(d)
Upon determination by the board that a licensee has committed malpractice, the board may suspend or revoke the license or impose the civil penalty provided in subsection (a) of this section or impose the civil penalty in addition to the suspension or revocation. Furthermore, the board may promulgate a code of conduct for its licensees, the violation of which may result in the imposition of the penalties prescribed in this subsection.
§ 17- 29- 404
Civil Appeals
Any person aggrieved by the action of the State Board of Embalmers and Funeral Directors imposing civil penalties may appeal such decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq., for appeals from administrative decisions. § 17- 29- 405
Deposit and Distribution of Funds
All funds derived from civil penalties imposed by the State Board of Embalmers and Funeral Directors shall be deposited in one (1) or more depositories qualifying for the deposit of public funds. These funds shall be used by the board for administering the provisions of subchapters 2 and 3 of this chapter.
Subchapter 5
Funeral Home Zoning and Management
§ 17- 29- 501
Definition
As used in this subchapter, unless the context otherwise requires, "funeral home" means and embraces all functions pertaining to or connected with the preparation of human bodies for interment together with all the rights, services, and ceremonies usually attendant with such interment. § 17- 29- 502
Status of Funeral Home
A funeral home is declared to be: (1) A service institution and, when conducted upon and in the manner hereinafter set forth, shall be so rated and considered in connection with: (A) Zoning; (B) The occupation and enjoyment of property; and (C) The engaging in the conduct and management thereof; and (2) A skilled profession. § 17- 29- 503
Prerequisites to Statutory Benefits
Any funeral home desiring to avail itself of the provisions of this subchapter shall conform to the following requirements: (1) Be operated and managed by persons who are duly licensed as required by law; (2) Be constructed of materials and in an architectural design in conformity with other structures in the immediate vicinity thereof; (3) Be set apart from surrounding or adjacent property by a wall, hedge, or other type of protective screening; (4) Have and maintain clean and adequate parking facilities for off-street parking for all persons availing themselves of the services of the funeral home or transacting business therewith; and (5) Conform to and comply with all sanitary requirements and police regulations of the municipality in which the funeral home is located.
Subchapter 6
Out-of-State Tuition Assistance
ยง 17- 29- 601
Purpose
The purpose of this subchapter is to establish a permanent program to provide financial assistance to qualified Arkansas citizens attending accredited colleges of funeral service education outside of Arkansas. ยง 17- 29- 602
Definition
As used in this subchapter, unless the context otherwise requires, an "accredited college of funeral service education" means a college accredited by the American Board of Funeral Service Education, Inc. ยง 17- 29- 603
Program establishment - Authority of Department of Health
(a) There is established within the Department of Health a program to provide financial assistance to residents of Arkansas attending accredited colleges of funeral service education outside of Arkansas. (b) The Department of Health is authorized and designated as the state agency to administer the program established in this subchapter and to accept applications therefor and make grants to applicants to assist in defraying the cost of attending accredited colleges of funeral service education outside of Arkansas. ยง 17- 29- 604
Application - Certification - Priorities
(a) Any resident of the State of Arkansas desiring to obtain an assistance grant under the provisions of this subchapter may make application to the Department of Health containing such information as the department shall deem necessary to determine the eligibility of the applicant to participate in the program. (b) In order to qualify for an assistance grant, the applicant shall have served a one-year apprenticeship in the State of Arkansas under the supervision of an Arkansas licensed funeral director and licensed embalmer prior to enrollment in an accredited college of funeral service education. (c) If the applicant is found to be a bona fide resident of Arkansas and has served the
apprenticeship, the department shall certify the student as qualified to participate under the program established in this subchapter to the extent that funds are available. (d) The names of all qualified applicants shall be kept on a register in the order in which their application was received by the board of trustees. Applicants who have been accepted for admission by accredited colleges of funeral service education outside the state shall be given priority in receiving benefits under the provisions of this subchapter, to the extent that funds are available therefor, in the order in which the applications appear on the register maintained by the department. § 17- 29- 605
Limitation on Assistance
In no case shall an assistance grant made to an applicant under this program exceed the normal student tuition charge made by the accredited colleges of funeral service education in which the applicant is or will be enrolled or one thousand two hundred dollars ($1,200) per individual, whichever is less. § 17- 29- 606
Program Administration
The Department of Health shall be the administering and disbursing agency for the State of Arkansas for making assistance grants to mortician students under the provisions of this subchapter. As disbursing agent, the department may expend sums that are specifically appropriated for the operation and administration of the program, but such expenditures shall be limited to the amount specifically appropriated for the program and the award of any particular grant shall not obligate the State of Arkansas to maintain the program provided for in this subchapter except to the extent that specific appropriation is made for the program.
Subchapter 7
Eye Enucleation
§ 17- 29- 701
Authority
A funeral director or embalmer licensed pursuant to subchapter 3 of this chapter, who has completed a course in eye enucleation and has received a certificate of competence from the Department of Ophthalmology of the University of Arkansas for Medical Sciences' College of Medicine may enucleate the eyes of a deceased person pursuant to a disposition or gift thereof by the decedent or another person in the manner prescribed in §§ 20-17-401 - 20-17-405 [repealed] or §§ 20-17-601 - 20-17-617, after proper certification of death by a physician. § 17- 29- 702
Exemption from Liability
A properly certified funeral director or embalmer acting in accordance with the terms of this subchapter shall not be criminally or civilly liable for eye enucleation.
Continuing Education The following regulation is adopted pursuant to the authority granted to the Arkansas State Board of Embalmers and Funeral Directors in ACA 17-29-209. PURPOSE: To serve the public interest in part by assuring that funeral service professionals are required to stay abreast of changes in a rapidly changing field. The profession as a whole benefits when public confidence in the industry is secure. Including continuing education as a requirement for license renewal enhances the importance of education in the advancement of the licensee and the funeral service profession. The effective date is October 1, 1995. I.
DEFINITIONS A. Embalmers Qualifications Every licensed embalmer who desires to be actively engaged in the practice of embalming in Arkansas shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the Board. Every licensed embalmer who is not actively engaged in the practice of embalming in the state of Arkansas shall be exempt from the continuing education requirements set forth in the subsection of this section. If the person becomes engaged in the active practice of embalming, such people shall within the first year after becoming engaged in active practice of embalming meet the continuing education requirements specified by the Board. B. Funeral Directors Qualifications Every licensed funeral director who is actively engaged in the practice of funeral directing in Arkansas shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the Board. Every licensed funeral director who is not actively engaged in the practice of funeral directing in the state shall be exempt from the continuing education requirements set forth in the subsection of this section. If the person becomes engaged in the active practice of funeral directing, such people shall within the first year after becoming engaged in the active practice meet the continuing education requirements specified by the Board. C. Dual License Qualifications Every licensee holding both a Funeral Director and/or Embalmers license who desires to be actively engaged in the practice of either or both arts shall submit with the annual renewal form evidence of satisfactory completion of a program of continuing education required by the Board. A total of no less than six (6) hours is required. D. Actively Engage Actively engaged is defined as: Embalming, arranging, or conducting funerals. E. Licensee Not Actively Engaged In the State Every licensee who is not actively engaged in the practice of embalming or funeral directing in the state of Arkansas shall be exempt from the continuing education requirement. If the person becomes engaged in the active practice of embalming and funeral directing, such people shall within the first full year after becoming engaged in the active practice meet the continuing education requirements specified by the Board. F. Aged Licenses
40
Licensees age 65 or above and who have had their licenses for 20 consecutive years or licensees who have been granted a Lifetime License are not required to meet the continuing education requirements. G. Out of State Licensee Every licensee who holds a valid Arkansas license but lives out of the state of Arkansas and are not actively engaged in funeral directing and embalming in this state, are not required to meet the continuing education requirements. H. Continuing Education Requirements Every active licensee in this state shall submit with the license renewal application, satisfactory proof of completion of a minimum of eight (8) six (6) hours per year of continuing education work approved by the Board. II.
CONTINUING EDUCATION (LICENSE REQUIREMENTS AND EXEMPTIONS) A. The board shall have the power to excuse licensees from the continuing education requirements as set forth in these rules and regulations. B. Except as provided in subsection (f), each licensee residing and working in the state of Arkansas shall report (6) hours of continuing education approved by the Board. Compliance with this continuing education shall be required for a license renewal. C. Continuing education credit(s) may be obtained by attending and participating in continuing education courses or workshops previously accredited by the Board or which otherwise meet the requirements stated in these rules and are approved by the board. This includes CE credits approved by other states. D. While an organization, educational institution, or person is an accredited sponsor, all continuing education programs of the organization, educational institution, or person, shall be subject to approval by the board. Each organization, educational institution, or person shall upon completion of an application and a fee set by the Board, be notified of the approval or disapproval of the course a minimum of thirty (30) days before the courses are offered. E. No more than three (3) hours continuing education hours can be carried over from one licensing year to the next. F. Continuing education requirements are waived the first year of licensure. G. Continuing education requirements for individuals coming before this Board for a reciprocal license from another state to become engaged in funeral directing or embalming in Arkansas, shall be waived, the first year of licensure H. Continuing education credits shall be granted for any community college, junior college or four-year university course relating to and approved by the board for the continuing education requirements. Each applicant for such a course shall also supply the board a certificate of completion, the completed grade, and the number of hours received in such a course accredited by the college or university. I. Serious Illness or Disability Any licensee with a serious illness or disability shall (1) notify the board in writing of any such serious illness or disability along with a documented statement from a personal physician to that illness and disability, to apply for exemption on a year by year basis from the board. (2) The board shall have the power to review the letters of exemption of these continuing education requirements on a case by case basis. J. Who Cannot Be Excused Any licensee who is actively engaged in the practice of funeral directing or embalming
41
cannot be excused by the illness or disability provision set forth in these rules. III.
CONTINUING EDUCATION SEMINARS A. Standards for Approval (1) A continuing education course or workshop shall be qualified for approval if the board decides that it: (a) Constitutes an organized program of learning, including a symposium, which contributes directly to the professional competency of the licensee; (b) is related to the practice of mortuary science; (c) is conducted by individuals considered experts in the subject matter of the program by reason of education, training or experience, and; (d) is accompanied by a paper, manual or written outline which substantially describes the subject matter of the program. B. Credit Hours Explained (1) Except as may be allowed by the board, a licensee shall not receive credit for, (a) funeral merchandise and or products programs or tours, (b) duplicate programs taken within the previous 2 years. C. Licensee Who Conducts Seminars Any licensee in Arkansas who serves as a lecturer or discussion leader shall be included to the extent that it contributes to the professional competence of the applicant. Repetitious presentations shall not be counted. Not more than twenty-five percent (25%) of the total required continuing education hours may be satisfied in this manner. D. Sponsorship of Seminars Any organization, supplier, group or corporation wishing to hold seminars, symposiums, or other meetings with employees or other licensees shall: (a) Submit to the board no less than sixty (60) thirty (30) days from the planned event an application supplied by the board outlining the event, speaker and course description. (b) An application fee of one hundred dollars ($100.00) shall be paid to the board for the event, seminar or symposium. Multiple events, seminars and symposiums held at the same location while by the initial sponsor making application will be considered as the same. (c) Following a seminar approved by the Board, sponsors must within thirty (30) days complete and submit all paperwork required by the board with the following information: Name of person attending, license number, date of attendance, and hours completed. E. Board Sponsored Seminars 1. The Board may provide an online list of accepted programs approved by the board that are available to licensees. This list shall include course offerings not only in Arkansas but other states as deemed necessary by the Board to make available to its licensees as wide a variety of courses and offerings as possible. 2. .The Board may sponsor continuing education programs. The Board may make these programs available to licensees by registration and an applicable fee as set to cover expenses of these events. Written evidence of attendance shall be issued by the board at these events to meet the requirements as set forth by the board. F. Professionally Recognized Organizations Organizations exempt from the registration fee for courses offered to licensees in the continuing education requirement are: (1) The National Funeral Director's Association (NFDA).
42
(2) The National Selected Morticians (NSM). (3) The Order of the Golden Rule (OGR). (4) The Tri-State Funeral Directors meeting held jointly by the states of Arkansas, Mississippi and Louisiana. (5) The National Funeral Directors and Morticians Association (NFD&MA). (6) The National Foundation of Funeral Service. (7) Accredited College(s) of Mortuary Science. (8) Any educational institution licensed by the State Board of Higher Education in Arkansas. (9) Preferred Funeral Directors International (PFDI). (10) The Academy of Professional Funeral Service Practice. (11) The Arkansas Funeral Directors Association (AFDA). (12) The Arkansas Funeral Directors and Morticians Association (AFD&MA). (13) Quad State Funeral Directors and Morticians Association. (14) Any Academy approved CE unit. G. Regionally Recognized Organizations The following regional associations are exempt from the one hundred dollar ($100.00) application fee: (1) Northeast Arkansas Funeral Directors (2) Northwest Arkansas Funeral Directors (3) Central Arkansas Funeral Directors (4) Southeast Arkansas Funeral Directors (5) Southwest Arkansas Funeral Directors IV.
POST APPROVAL AND REVIEW Each continuing education course or workshop already approved by the board may be monitored or reviewed by the Board and upon evidence of significant variation in the program presented from the program application submitted and approved by the board, all or any part of the approved hours granted the program may be disapproved. Board members and Board employees shall be admitted to any scheduled seminar, session, or event approved for continuing education credits at no charge for the sole intent and purpose to monitor the licensees present and the content of the course. Board members and its employees, however, cannot claim any course credit for such meetings where they served as monitors of the licensing requirement. Any sponsor of a course held out for the funeral directors or embalmers of this state shall not deny any board member or board employee access to the courses or significant paperwork as to attendance or course matter when requested. A. Committee to Oversee Continuing Education 1. The board shall be empowered under the continuing education rules to appoint a committee from itself or its membership, or staff to oversee the application process and also appoint monitors if it so desires. 2. In the event of a denial, in whole or in part, of any application for accreditation or approval of a continuing education course or workshop, the applicant or licensee shall have a right to a hearing before the continuing education committee of the board. If dissatisfied with the ruling of the committee, the applicant or licensee may appeal to the full Board. V.
RENEWALS
43
Prior to December 31 each year, each licensee shall report at least 6 hours of continuing education on license renewal forms. Any hours above the six (6) hours requirement must be reported at the same time. Licensees may carry over 3 hours. Any applicant not meeting the requirements set forth in I-H shall be notified by the Board of their deficient status. The licensee has ten (10) days to reply to the Board in writing. No license will be issued by the Board until the dispute is settled. VI.
DISCIPLINARY ACTION 1. Any licensed funeral director or embalmer not meeting the continuing education requirements shall not be licensed by the board. 2. Any licensee providing continuing education unit proof, but not having paid the license renewal fee, shall not be licensed by the Board. 3. Any licensee who has been found to have submitted credits for continuing education hours but has not attended or did not complete shall be subject to discipline by the Board. 4. Any sponsor, individual, corporation or agency having board approval to hold continuing education courses, but found to have committed fraud or inaccurate filings of persons not in attendance or persons not having completed course work, but found on the paperwork of the Board as having done so, shall be subject to discipline by the Board.
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Rules & Regulations - Arkansas Prepaid Funeral Benefits Law
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Arkansas Prepaid Funeral Benefits Law ยง 23-40-102
Purpose
The purpose of this chapter is to provide for the regulation of the sale of prepaid funeral benefits by the Insurance Commissioner. ยง 23-40-103
Definitions
As used in this chapter, unless the context otherwise requires: (1)
"Cash accommodation items" means flowers, honorariums, death certificates, sales taxes, grave opening and closing, cemetery charges, and other items incidental to the funeral and disposition of the beneficiary which are to be furnished or provided by a "third party" at the time of death;
(2)
"Contract price" means the aggregate moneys to be paid and the aggregate stated value of all other direct or indirect consideration to be assigned by purchasers of prepaid funeral benefits as provided in the contract, exclusive of any finance charge;
(3)
"Contract proceeds" means the portion of the contract price collected by the seller from a contract for the sale of prepaid funeral benefits;
(4)
"Licensee" or "permittee" means a person holding a valid permit or license issued pursuant to this chapter;
(5)
"Liquid investments" means investments which can be sold at cost or greater, liquidated without penalty, and collected within five (5) banking days;
(6)
"Net investment income" means: (A) All revenue and earnings of the trust fund, including, but not limited to interest, dividends, and capital gains; minus (B) Investment expenses, trustee's fees, capital losses, and all revenue and earnings on cash accommodation funds;
(7)
"Prearrangement" means an arrangement whereby a person, for himself or on behalf of some other person, makes arrangement for funeral and burial services prior to the death of such person, without consideration and without an agreement or itemization specifying any particular service or merchandise, or the cost thereof, through the assignment or transfer, including such conditions as the assignor or transferor may choose to impose, of ownership to a licensee of an insurance policy or annuity contract, or proceeds thereof, or by the designation of a licensee as beneficiary of any such insurance policy or annuity contract. An assignment of an insurance policy or annuity or the proceeds thereof to a funeral home or the designation of a funeral home as beneficiary as described herein is not a prepaid funeral benefits contract.
(8)
"Seller" means the organization selling prepaid funeral benefits or owning any interest in any contract for prepaid funeral benefits pursuant to this chapter;
(9)
"Surplus" means the funds or other property in excess of the undistributed net investment income and aggregate contract
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proceeds held in the trust fund; (10) "Trustee" means a state or national bank or savings and loan association in this state, or, in the reasonable discretion of the Insurance Commissioner upon such terms and conditions as he may require, a "securities brokerage firm" licensed and in good standing with appropriate state and federal regulatory authorities. (11) "Net worth" means the difference between the applicant's total assets and total liabilities as reflected in a balance sheet prepared in accordance with accounting principles and procedures approved by the Insurance Commissioner. (12) "Prepaid funeral benefits contract" or "prepaid contract" means a contract or agreement for the prepayment and sale in this state of funeral services or funeral merchandise, including caskets, grave vaults, and all other articles of merchandise and services incidental to funeral services, at an agreed upon price, to be delivered at an undetermined future date depending upon the death of the contract beneficiary. It does not include a prearrangement. (13) "Contract beneficiary" means any natural person designated in a prepaid funeral benefits contract upon whose death funeral services and/or funeral merchandise shall be performed, provided, or delivered. ยง 23-40-104
Insurance Code Not Affected
Nothing in this chapter shall apply to any licensed insurance company or alter or affect any provisions of the Arkansas Insurance Code. ยง 23-40-105
Burial Associations Exempted
Nothing in this chapter shall apply to organizations or associations operating in this state as burial associations pursuant to Section 23-78-101 et seq. ยง 23-40-106
Penalties
(a)
Any officer, director, agent, or employee of any organization subject to the terms of this chapter who makes, or attempts to make, any contract in violation of this chapter, or refuses to allow an inspection of the organization's records, or who violates any other provisions of this chapter, shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or by imprisonment in the county jail for not less than one (1) month and not more than six (6) months, or by both fine and imprisonment.
(b)
Each violation of any provision of this chapter shall be deemed a separate offense and prosecuted individually.
ยง 23-40-107
Division of Prepaid Funeral Benefits
The Insurance Commissioner shall be responsible for the regulation of the sale of prepaid funeral benefits and there is hereby established, within the State Insurance Department, the Division of Prepaid Funeral Benefits. This division shall be funded annually by the fees required to be paid by organizations subject to this chapter, which shall be placed in trust and disbursed pursuant to this chapter. (a)
There is hereby established on the books of the Treasurer of State, the Auditor of State and the Chief Fiscal Officer of the State a fund to be known as the 'State Insurance Department Prepaid Trust Fund' to be used to pay the expenses of the State Insurance Department in
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the discharge of its regulation of prepaid funeral benefits contracts. (b)
No money shall be appropriated from this fund for any purpose other than to pay for personal services, operating expenses, maintenance and operations, and support of and improvements to the Division of Prepaid Funeral Benefits of the State Insurance Department.
(c)
The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the Insurance Commissioner and the Treasurer of the State.
(d)
All income derived through the investment of the State Insurance Department Prepaid Trust Fund, including, but not limited to, interest and dividends, shall be credited as investment income to the State Insurance Department Prepaid Trust Fund.
(e)
All income derived through grants, refunds, and gifts to the State Insurance Department Prepaid Trust Fund shall be credited as income to the State Insurance Department Prepaid Trust Fund.
(f)
All moneys deposited to the aforementioned fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as provided in this chapter.
(g)
All fees required to be paid by licensees pursuant to this chapter shall be deposited in the State Insurance Department Prepaid Trust Fund for the support, operation, and maintenance of the Division of Prepaid Funeral Benefits of the State Insurance Department and, when paid into the State Treasury by the Insurance Commissioner, shall be maintained by the State Treasurer as the State Insurance Department Prepaid Trust Fund, separate from all other funds, and available only for the payment of the expenses of the Division of Prepaid Funeral Benefits of the State Insurance Department.
(h)
The Auditor of State shall, upon proper voucher from the Insurance Commissioner, issue his warrant on the Treasurer of State in payment of all salaries and other expenses incurred by the Division of Prepaid Funeral Benefits of the State Insurance Department in the administration of this chapter.
(i)
The Insurance Commissioner shall, however, at the end of each fiscal year cause to be transferred from the State Insurance Department Prepaid Trust Fund to the General Revenue Fund Account of the State Apportionment Fund ten percent (10%) of the fees collected under this chapter. < Back | Next > Home | License Renewal | Roster Search | Calendar | Forms Statutes | Rules & Regulations | Continuing Education
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