State
Board of Registration of Funeral Directors and Embalmers
Tel. #(603) 271-4648
PART Frl
101 PURPOSE AND SCOPE
Frl 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of registration of
funeral directors and embalmers created by RSA 325.
Source. #1689, eff 12-22-80; rpld
by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED: 1-20-94
New. #6927,
eff 1-1-99; ss by #14456, eff 1-1-26
PART
Frl 102
DEFINITIONS
Frl 102.01
Terms Used. As used in
these rules, the following terms shall have the meanings indicated:
(a)
“Active in practice” means performing the function of embalming or
funeral directing in handling human remains;
(b)
“Applicant” means a person who has submitted an
application for licensure to the office of professional licensure and
certification (OPLC);
(c) “Approved” means the review and
acceptance of a specific activity, agency, institution, organization, or
program of study by the board, or by a legally authorized board or agency
involved in embalming or funeral service education or embalming or funeral
service practice in another jurisdiction.
(d)
“Board” means the New Hampshire board of registration of funeral
directors and embalmers created by RSA 325:2;
(e) “Endorsement” means the issuance of a
license which meets New Hampshire licensing requirements based on the
applicant’s possession of a current license in another jurisdiction pursuant to
RSA 310:17;
(f)
“Executive director” means the executive director of the office of
professional licensure and certification;
(g)
“Final transcript” means a record including name of the institution, the
student’s name, the official signature and seal, the courses studied, the date
of successful program completion, the certificate, and the degree or diploma awarded;
(h)
“Funeral assistant” means individuals other than licensed funeral
directors, embalmers, or apprentices who are employed to remove and transport
human remains;
(i) “Lapse” means “lapse” as defined in RSA
310:2, I(e);
(j)
“License” means “license” as defined in RSA 310:2, I(f);
(k)
“Licensee” means “licensee” as defined in Plc 102.20;
(l)
“Principal occupation” means an occupation which a person engages in as
a primary means of employment;
(m)
“Rulemaking” means the statutory procedures for the formulation of a
rule as set forth in RSA 541-A:3; and
(n)
“Solicitation” means direct contact in person, by individualized mail,
individualized electronic or telephone message for purposes of offering to
perform services including but not limited to at-need and pre-need funeral
arrangements.
Source. #1689, eff 12-22-80; rpld
by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED: 1-20-94
New. #6927,
eff 1-1-99, para (g) EXPIRED: 7-1-16 pursuant to RSA 541-A:17, II and 2015,
176:108, XIX; para (g) amd by #12672, eff 11-20-18; ss by #14456, eff 1-1-26
PART Frl
103 AGENCY ORGANIZATION
Frl 103.01 Description. The New Hampshire board of registration of
funeral directors and embalmers created by RSA 325 shall be responsible for:
(a) Approving educational programs pertinent to
continued competence for embalmers, funeral directors, and the funeral service profession;
(b) Funeral service practice standards;
(c) Establishing the qualifications of applicants
for licensure of apprentice embalmers, embalmers, funeral directors, funeral homes,
and chapels;
(d) Establishing the eligibility requirements for
license renewal, including the requirements for continuing education; and
(e) The administration and enforcement of RSA
325-A relative to the cremation of human remains pursuant to RSA 325:8-a.
Source. #6927, eff
1-1-99; ss by #14456, eff 1-1-26
Frl 103.02 Composition of the Board. The board consists of 5 members who meet the
eligibility requirements of RSA 325:2, II.
Source.
#6927, eff 1-1-99; ss by #14456, eff 1-1-26
Frl 103.03 Office
Hours, Office Location, Mailing Address, and Telephone.
(a) The board’s office shall be located at the office
of professional licensure and certification, 7 Eagle Square, Concord, NH 03301,
and shall be open to the public during the normal business hours established in
Plc 103.03(b).
(b) Correspondence, filings, and other
communications intended for the board shall be addressed to the board at the
address in paragraph (a) above.
(c) The board’s telephone number is (603)
271-2152.
Source. #6927, eff
1-1-99; ss by #14456, eff 1-1-26 (formerly Frl 103.04)
Frl 103.04 Meetings. The board shall meet monthly or at such other
times as may be called for by the chairman or by vote of the board.
Source. #6927, eff
1-1-99; ss by #14456, eff 1-1-26 (formerly Frl 103.05)
PART Frl 104 PUBLIC
INFORMATION
Frl 104.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the staff member designated by the executive
director of the OPLC. These minutes
shall record the members who participate in each vote and shall separately
record the position of members who choose to dissent, abstain, or
concur. Minutes of board actions which
are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records
and shall be available for inspection during the board's ordinary office hours
within 5 business days from the close of the meeting or vote in question unless
the 72 hour availability requirement of RSA 91-A:3, III is applicable.
Source. #6927,
eff 1-1-99, EXPIRED: 7-1-09 pursuant to RSA 541-A:17, II and 2008, 303:4
New. #12672, eff 11-20-18; ss by #14456, eff
1-1-26
Frl 104.02 Custodian of Records. The executive director shall be the custodian
of the board’s records and shall respond to requests to examine those records
which are subject to public inspection, or which may otherwise be properly
examined by the person requesting access.
Source. #6927,
eff 1-1-99; ss by #14456, eff 1-1-26
Frl 104.03 Copies of Records. Persons desiring
copies of board records shall submit a request as required by Plc 104.01 in
writing which identifies as particularly as possible the information being
sought and agrees to pay the cost of copying as required by Plc 1001.05.
Source. #6927,
eff 1-1-99; ss by #14456, eff 1-1-26
CHAPTER Frl 200 RULES OF PRACTICE AND PROCEDURE
Statutory
Authority: RSA 325:9, VIII
REVISION
NOTE:
Document #13901, effective 5-12-24,
repealed Part Frl 201 through Part Frl 216 in Chapter Frl 200,
titled “Practice and
Procedure”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13901 also adopted a new Part Frl 201 titled “Applicability and Waiver of Substantive
Rules”, containing Frl 201.01 titled “Applicability
of Plc 200” and Frl 201.02 titled “Waiver of
Administrative Rules.”
Document #13901 replaces all prior
filings affecting the rules in the former Chapter Frl
200. The prior filings included
the following documents. Italics
indicate the rules were subject to expiration only pursuant to RSA 541-A:17,
II:
#1689, eff
12-23-80
#2276(e), eff
12-23-82
#2344, eff
4-15-83
#2986, eff
3-18-85
#4357, eff
1-20-88, EXPIRED: 1-20-94
#6928, eff
1-1-99, EXPIRED: 1-1-07
#9784, INTERIM,
eff 9-20-10, EXPIRED: 3-21-11
#9949-A, eff
6-24-11 (Frl 201-Frl
210, Frl 212, Frl 213, and Frl 215)
#9949-B, eff 6-24-11 (Frl
211, Frl 214, and Frl 216)
#12672, eff
11-20-18 (Frl 211, Frl 214, and Frl 216)
As practice and procedure rules, the
rules in Document #13789 will not expire except pursuant to RSA 541-A:17, II.
PART Frl 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES
Frl 201.01
Rules of Practice and Procedure.
The Plc 200 rules shall govern with regards to
all procedures for:
(a)
Adjudicatory proceedings;
(b)
Rulemaking submissions,
considerations, and dispositions of rule making petitions;
(c)
Public comment hearings;
(d)
Declaratory rulings;
(e)
All statements of policy and interpretation;
(f)
Explanation of adopted rules;
and
(g)
Voluntary surrender of
licenses.
Source. (See Revision Note at chapter heading for Frl 200) #13901, eff
5-12-24
Frl 201.02 Waiver of Administrative Rules.
(a)
The board shall initiate a waiver of a substantive rule upon its own
motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be
necessary to advance the purpose of the rules of the board.
(b)
Individuals who wish to request
a waiver of a rule shall submit a written request to the board, which includes:
(1) The rule for which a waiver is requested;
(2) The anticipated length of time the requested
waiver will be needed;
(3) The reason for requesting the waiver;
(4) Evidence of how the waiver will provide for
the health and safety of the consumer or licensee;
(5) A time-limited written compliance plan which
sets forth plans to achieve compliance including an estimated date of
compliance; and
(6) The signature of the applicant.
(c)
The board shall consider the following when determining whether to
approve or deny a waiver:
(1) If adherence to the rule would cause the
petitioner unnecessary or undue hardship;
(2) If the requested waiver is necessary because
of any neglect or misfeasance on the part of the practitioner;
(3) If enforcement of the rule would injure a
third person(s); and
(4) If waiver of the rule would injure a third
person(s).
(d)
The board shall approve a waiver of an administrative rule request only
if:
(1) Granting a waiver does not have the effect of
waiving or modifying a provision of RSA 325;
(2) The petitioner has shown good cause exists
pursuant to (c) above to waive the rule; and
(3) The board determines that the individual’s
plans for compliance with the rule includes an
estimated date of compliance and eventual compliance.
(e)
If the board, after receiving and
reviewing a request for a waiver, requires further information or documentation
to grant or deny the waiver, the board shall:
(1) Notify the applicant in writing within 30
days; and
(2) Specify the information or documentation the
board requires.
(f)
The board shall issue a written approval or denial of the waiver within
60 days of the date the request is received, unless additional
information or documentation is required.
If additional information and documentation is required, then the board
shall issue a written approval or denial within 60 days of receiving the
requested information or documentation.
Source. (See Revision Note at chapter heading for Frl 200) #13901, eff
5-12-24
CHAPTER
Frl 300
REGISTRATION AND LICENSURE
Statutory
Authority RSA 325:9 V and RSA 325:12-a
Frl 301.01 Application for
Embalmer’s Apprentice License.
(a) Each applicant for a license to
practice as an embalmer’s apprentice in the state of New Hampshire shall comply
with the requirements of Plc 304 on initial licensure by submitting the
following to the office of professional licensure and certification (OPLC)
licensing bureau:
(1) A completed and signed “Universal Application
for Initial License” as required by Plc 304.03;
(2) The additional
information and documentation specified in Plc 304.04;
(3) A completed
“Addendum to the Universal Application for Initial License for Apprentice
Embalmers”, revised 9/2025, attesting that they have provided the following
information and supporting documentation with
their application;
a. An affidavit from
the applicant’s sponsoring licensed embalmer stating
that the sponsor is accepting the apprentice embalmer for apprenticeship.
b. A copy if their high school diploma or equivalent.
(b)
Each applicant shall submit the apprentice embalmer licensing fee
specified in Plc 1002.17
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13; ss by #10567, eff 5-1-14; ss by #13252, eff 8-13-21; ss by #14370, eff
11-14-25, EXPIRES: 11-14-35
Frl
301.02 Qualifications. Each applicant for apprentice embalmer shall
possess a high school diploma or equivalent.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13; ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New.
#14041, INTERIM, eff 8-2-24, EXPIRES:
1-29-25; ss by #14370, eff 11-14-25, EXPIRES: 11-14-35
Frl
301.03 Requirements. Each applicant for apprentice embalmer shall
meet the following conditions and requirements to fulfill an apprenticeship:
(a)
Each apprentice embalmer applicant and all of
their sponsors shall meet with the board to review the apprenticeship requirements;
(b)
Each apprentice embalmer shall be employed by a funeral establishment
inspected by the board during their apprenticeship;
(c)
Each apprentice embalmer shall complete an “Apprentice Embalmer Monthly
Report”, revised 9/2025, documenting the funeral related duties performed each month, by
providing the following:
(1) Name and license number of apprentice embalmer;
(2) Month and year of reporting period;
(3) Date of license expiration;
(4) Number of
reports the apprentice has completed for each of the following:
a. Funerals directed;
b. Embalmings completed with assistance;
and
c. Embalmings completed without assistance;
(5) A
yes or no response to indicate if the apprentice is enrolled in mortuary
school and, if applicable, the apprentice’s anticipated graduation date;
(6)
Signature of the apprentice embalmer that is dated and certifies
the accuracy of the information contained in the report; and
(7)
Signature, and license number of the sponsor that is dated and certifies the
accuracy of the information contained in the report;
(d)
Each apprentice embalmer shall work at all times
under the instruction and personal supervision of the sponsoring licensed
embalmer and funeral director;
(e)
Each apprentice embalmer so employed shall comply with any and all requirements of RSA 325, Frl
100 through Frl 700, and any and
all other federal, state, and local laws and rules, and regulations
pertaining to the business or profession of embalming and funeral directing;
(f)
Each apprentice embalmer shall notify the OPLC licensing bureau in writing, of any change in the identity of the sponsoring
licensed embalmer or funeral director to whom that apprentice embalmer is
responsible, and of any change in the name and address of the licensed funeral
establishment(s) in which each such apprentice embalmer works;
(g)
Each apprentice embalmer shall successfully complete a full course of
instruction of at least 12 months in an accredited institution of mortuary
science approved by the American Board of Funeral Service Education (ABFSE) and
earn an associate’s degree. No time
spent attending embalming school or any postsecondary
institution shall constitute any part of the required apprentice funeral home
working requirement;
(h)
Each apprentice embalmer shall provide certified transcript(s) of
completion of 30 credit hours of postsecondary education; and
(i) Prior to the conclusion of the apprentice
embalmer’s first year as a licensed apprentice embalmer, each apprentice
embalmer shall provide, in writing, a letter of acceptance at an accredited
school of mortuary science.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13; ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New.
#14041, INTERIM, eff 8-2-24; ss by #14370, eff 11-14-25, EXPIRES:
11-14-35
Frl
301.04 Additional Requirements.
(a)
Each apprentice embalmer shall assist in embalming 25 bodies according
to (e) below. Assisted embalmings shall be completed prior to unassisted embalmings.
(b)
Each apprentice embalmer shall embalm 25 bodies unassisted according to
(e) below.
(c)
Each apprentice embalmer shall arrange the details required for
conducting 25 funerals along with conducting the arrangement conference,
assisting families with selection of merchandise, and other phases of the profession.
(d)
Each apprentice embalmer shall complete 25 “Apprentice Funeral Directing
Form” revised 9/2025 by providing the following:
(1) Consecutive apprentice
funeral directing form number;
(2) Name and license number
of apprentice embalmer;
(3) Name and license number
of sponsor;
(4) Name and address of funeral home sponsoring apprentice;
(5) Name of deceased;
(6) Place and date of death of
deceased;
(7) Type of funeral service,
checking all that apply:
a. Full service funeral;
b. Calling hours;
c. Memorial service;
d. Graveside
service; or
e. Direct cremation;
(8) Place and time of
funeral service;
(9) Name and denomination of officiating clergy;
(10) List of funeral
participation, checking all that apply;
a. Assisted in filing death certificate;
b. Assisted family with selection of merchandise;
c. Assisted with
arrangement conference;
d. Arranged for clergy;
e. Arranged flowers;
f. Arranged for military honors;
g. Parked cars;
h. Ordered casket or vault;
i. Directed traffic;
j. Drove family car;
k. Drove hearse;
l. Prepared
newspaper notices;
m. Received visitors;
n. Drove service car;
o. Seated guests at service;
p. Contacted cemetery;
q. Arranged for cremation;
r. Arranged for fraternal services;
s. Assisted with Social Security and Veterans
Administration forms;
t. Assisted to obtain a
disposition permit;
u. Assisted with
office work; or
v. Carried casket;
(11) Signature of apprentice embalmer and date;
and
(12) Signature of sponsor and date.
(e)
Each apprentice embalmer shall complete an “Apprentice Embalming Form”
revised 9/2025 for each embalming completed in (a) and (b) above, by providing
the following:
(1) Either the unassisted embalming report
number, or the assisted embalming report number, using consecutive numbers in chronological order;
(2) Name and license number
of apprentice embalmer;
(3) Name and license number
of sponsor;
(4) Name and address of
funeral home sponsoring apprentice;
(5) Name and date of death of deceased;
(6) Place and time of death;
(7) Primary cause of death;
(8) Date and time body
received at funeral home;
(9) Name of funeral home
receiving body;
(10) Name of
attendants on first call;
(11) Pre-embalming
condition of body, checking all that apply;
a. Straight;
b. Partial or full autopsy;
c. Emaciated or dehydrated;
d. Edematous or dropsical;
e. Purge;
f. Tissue gas;
g. Odor;
h. Skin slip;
i. Discoloration;
j. Rigor mortis;
k. Mutilations;
l. Jaundice;
m. Organ or tissue
donor, describe;
n. Surgery;
o. Exposure to
temperature extremes or
p. Other, describe;
(12) Time between death and embalming;
(13) Body refrigerated,
indicating ‘yes’ or ‘no’;
(14) Arteries used for injection;
(15) Veins used for drainage;
(16) Type and index of
arterial fluid used, rate of flow;
(17) Method of injection, hand
pump, gravity, or machine pressure;
(18) Concentration of
arterial fluid injected, and number of gallons injected;
(19) Type and amount of cavity fluid used;
(20) Other supplemental
chemicals or fluids used;
(21) Occurrences during embalming, checking all
that apply;
a. Clearing;
b. Purge;
c. Distention of
face or hands;
d. Firming;
e. Leakage; or
f. Vascular problems;
(22) How any problems
were encountered and rectified, with a description;
(23) Checking the
following procedures completed;
a. Undressed and
washed body;
b. Disinfected and
packed orifices;
c. Shaved;
d Set features,
including closing eyes and mouth;
e. Inserted cannula
drain tubes;
f. Mixed and injected fluids;
g. Aspirated
cavities, injected cavity fluid;
h. Treated cavities
and viscera for autopsy;
i. Reaspirated cavities;
j. Sutered and sealed incisions;
k Treated skin slip and ulcers;
l. Washed body and prepared for dressing;
m. Dressed and casketed body;
n. Applied cosmetics;
o. Applied restorative measures;
p. Cleaned and sanitized
table, floor, prep room;
q. Washed and sterilized instruments;
r. Hypodermic
treatment; or
s. Chose injection site, indicating incisions, raised vessels;
(24) Embalming
operation complications, indicating “yes” or “no”;
(25) Description of
embalming complications and methods used for correction;
(26) Signature of
apprentice embalmer and date; and
(27) Signature of
sponsor and date.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13; ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
301.05 Effective.
(a)
Licenses shall expire 2 years from the date of issuance.
(b)
Apprenticeships shall become effective on the date the completed
application is approved by the OPLC licensing bureau.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13; ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
301.06 Extensions.
(a)
Extension requests shall be made in writing 30 days prior to the
expiration date and shall be signed by the requesting apprentice embalmer.
Apprentice embalmers shall be limited to one extension.
(b)
Apprenticeships shall be completed within a contiguous 4 year period and limited to one 2 year
extension unless the apprentice embalmer petitions the OPLC licensing bureau,
in writing, and shows cause why the licensing bureau should extend special
consideration. Cause shall include personal, financial, or medical hardship. The OPLC licensing bureau shall request that
the apprentice embalmer appear before the OPLC licensing bureau.
(c)
Once the 4 year period is exceeded, if the OPLC
licensing bureau does not grant a special exception, the apprentice embalmer
shall be required to reapply for an embalmer’s apprentice license as specified
in Frl 301.
(d)
Failure to file extension requests at least 30 days prior to the
expiration date shall be considered a lapsed license.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New.
#10310, INTERIM, eff 4-12-13, EXPIRES: 10-9-13; ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
301.07 Responsibilities of Sponsor.
(a)
If there is a change in the employment status of any apprentice
embalmer, the entity, or sponsor which employed the apprentice embalmer shall
submit to the OPLC licensing bureau a written affidavit indicating the length
of time that the apprentice embalmer was employed. The new entity or sponsor shall notify the
OPLC licensing bureau of the new employee apprentice embalmer.
(b)
The sponsor(s) shall be responsible for all acts or omissions of the
apprentice embalmer which occur during the apprenticeship. The licensed
embalmer and funeral director who serves as the chief executive or chief
operating officer of the sole proprietorship, partnership, corporation,
association, limited liability partnership, limited liability company, or other
business organization which employs said apprentice embalmer shall also be
responsible for all acts or omissions of the apprentice embalmer which occur in
the course of that apprentice embalmer’s employment with that entity.
(c)
The total number of apprentice embalmers employed by any one entity
shall not exceed one apprentice embalmer for each 50 cases, or fraction
thereof, for which funeral goods and services were provided by the entity
during the preceding calendar year.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl 301.08 Examination. No prior examination
shall be required to become an apprentice embalmer.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New.
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35 (formerly Frl
301.09)
PART
Frl 302
EMBALMER
Frl
302.01 Application for Embalmer
License.
(a)
Each applicant for a license to practice as an embalmer in the state of
New Hampshire, and who is not currently licensed in New Hampshire or another
jurisdiction, shall submit the following to the OPLC licensing bureau using the portal available via www.oplc.nh.gov or, if
the portal is not available or if submitting the application via the portal is
not practicable for the applicant, by mailing a paper application to the
address specified in Plc 103.03;
(1) A signed
and completed “Universal Application for Initial License”, as required by Plc
304.03 and Plc 304.05;
(2) The
additional information or documentation specified in Plc 304.04, as applicable;
(3) The
application-related fees for initial licensure, pursuant to Plc 1002.17 unless Plc
304.02(a) applies;
(4) An affidavit signed by all sponsor(s)
indicating that the apprentice embalmer has successfully completed the requirements set forth in Frl 301.03 and Frl 301.04; and
(5) An affidavit of good professional character that is signed and attested to
by a New Hampshire licensed funeral director or embalmer.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #13252, eff 8-13-21; ss by #14370, eff
11-14-25, EXPIRES: 11-14-35
Frl 302.02 Qualifications. Each applicant shall meet the qualifications
as set forth in RSA 325:13.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
302.03 Requirements. Each applicant shall pass a practical and
oral examination.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
302.04 Practical and Oral Examination.
(a)
Each applicant shall have served an apprenticeship as described in Frl 301.03 to be eligible to take the practical and oral
examination.
(b)
Each applicant shall receive a letter of eligibility for the practical
and oral examination from the OPLC licensing bureau. This letter shall be presented to the board
member administering the examination.
(c)
Oral questions shall be part of the practical examination. These
questions shall pertain to embalming as defined in RSA 325:1, VI and shall be
administered by the board member conducting the examination.
(d)
In order to be eligible for licensure, each applicant shall successfully
complete the practical and oral examination as confirmed by the board member
administering the examination.
(e)
Each applicant shall submit the examination fee pursuant to Plc 1002.17
for each examination at or before the time of examination.
(f) Any applicant that fails the practical
and oral examination shall submit to the OPLC licensing bureau a written
request for reexamination after 30 days.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
PART
Frl 303
FUNERAL DIRECTOR
Frl
303.01 Application for Funeral
Director’s License. An application
for funeral director’s license shall consist of a written request for the board
to administer the written examination.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
303.02 Qualifications. Each applicant shall meet the qualifications as set forth in RSA 325:14.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
Frl
303.03 Written Examination.
(a)
The written examination shall consist of questions derived from RSA 5-C,
RSA 289, RSA 290, RSA 325, RSA 325-A, RSA 611-B, and administrative rules Frl 100 through Frl 700;
(b)
Each applicant shall submit the written examination fee pursuant to Plc
1002.19 for each examination, at or before the time of examination.
(c)
An applicant shall pass the written examination with a minimum grade of
75% to be eligible for licensure. Any
applicant that fails the written examination shall submit to the OPLC licensing
bureau a written request for reexamination after 30 days.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #8257, eff 1-15-05, EXPIRED: 1-15-13
New. #10310, INTERIM, eff 4-12-13, EXPIRES:
10-9-13;
ss by #10567, eff 5-1-14, EXPIRED: 5-1-24
New. #14041, INTERIM, eff 8-2-24; ss by #14370,
eff 11-14-25, EXPIRES: 11-14-35
PART
Frl 304
UNLICENSED PERSONNEL
Frl
304.01 Registration Procedure.
(a)
Upon employment of an unlicensed individual the funeral home owner/manager shall register the employee with the
board, in writing, within 30 days.
(b)
Registration shall include:
(1) The individual’s name;
(2) Address;
(3) Date of employment and
(4) Employment status, either full-time at 40
hours per week or part-time at less than 40 hours per week or per-diem.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
Frl 304.02 Limitation of Unlicensed Personnel.
(a)
Unlicensed personnel shall not be employed to perform activities that
are solely the functions of a licensed funeral director, licensed embalmer or
licensed apprentice, including:
(1) Making funeral arrangements;
(2) Embalming a body or being present in an
embalming room during an embalming procedure; or
(3) Conducting funerals, including:
a. Funeral services;
b. Memorial services;
c. Graveside services; or
d. Any other services recognized by the public
to be conducted by a licensed funeral director.
(b)
Unlicensed personnel, acting under the direction of a licensed funeral
director, may assist in transporting a deceased human being from the place of
death to a funeral home, crematory or cemetery.
(c)
Unlicensed personnel may in the presence of a licensed funeral director
or embalmer assist in other aspects of funeral service including lifting a
deceased human body at the funeral home or assisting a licensed funeral
director during a visitation, funeral service, memorial service, graveside
service or any other service recognized by the public as a funeral.
(d)
The funeral home and individual licensee shall be fully accountable for
all actions of the unlicensed employee.
Source. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
Frl
304.03 Violations.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions for violations of this part only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction, the board shall issue an order providing the
opportunity for a hearing and directing the licensee to demonstrate why
reciprocal discipline should note be imposed in New
Hampshire.
(c)
In a disciplinary proceeding brought on the basis of
discipline imposed in another jurisdiction the certificate holder shall be
subject to any disciplinary sanction authorized by RSA 325:32, III after
considering the presence of aggravating and mitigating circumstances as
specified in Frl 304.03(f) and (g).
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by RSA 325:32, III.
(e)
The board shall determine the sanctions to be imposed after considering
the presence of aggravating or mitigating circumstances as specified in Frl 304.03(f) and (g).
(f)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) The licensee’s prior disciplinary record;
(3) Lack of willingness to cooperate with the board;
(4) Potential harm to public health and safety;
and
(5) The purpose of the rule or statute violated.
(g)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgement of his or her wrongdoing;
(4) The purpose of the rule or statute violated.
Source. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
PART Frl 305 -
RESERVED
PART Frl 306 -
RESERVED
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
PART
Frl 307 FEE
SCHEDULE
Frl
307.01 Fees. Fees shall apply as
specified in Plc 1002.17.
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
New. #9387, eff 2-13-09; ss by #12128, eff 3-10-17;
ss by #14371, eff 11-15-25, EXPIRES: 11-15-35
PART Frl 308 EYE
PROCUREMENT
Frl
308.01 Eye Procurement. In accordance with RSA 325:31-a, an
individual desiring to perform eye procurement shall successfully complete a
course of training acceptable to a procurement organization as defined in RSA
291-A:2, XX.
Source. #2344, eff 4-15-83; ss by #2986, eff 3-18-85;
ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
CHAPTER Frl
400 CONTINUED STATUS
PART Frl 401 -
402 - RESERVED
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94; amd by #4937, eff 9-24-90, EXPIRED: 9-24-96
PART
Frl 403
CONTINUING EDUCATION REQUIREMENTS
Frl
403.01 Purpose.
The purpose of Frl
403 is to require all licensed embalmers and funeral directors to obtain
continuing education as a condition for renewal of their licenses in order to maintain the high standards of the profession
and business of funeral directing and embalming, and to establish criteria for
approval of continuing education programs to be used in fulfilling such
continuing education requirements.
Source. #2344, eff 4-15-83; ss by #2986, eff 3-18-85;
ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09; ss by #12129, eff 3-10-17
Frl
403.02 Definitions.
(a) “Biennial licensing period” means
the license period occurring every two years and ending June 30 every odd
numbered year.
(b)
"Board approved programs or courses" means continuing
education which has been reviewed and recommended by the continuing education
review committee and approved by the board.
(c) "Continuing education"
means approved post-licensure education designed to maintain professional
competence in the practice of funeral directing and embalming, improve professional skills, and preserve
standards for the purpose of protecting the health and welfare of the citizens
in the state of New Hampshire.
(d)
"Continuing education review committee (CERC)" means a group
of at least 2 individuals or board members appointed by the board to review
programs or courses and make recommendations relative to the standards of such
continuing education.
(e)
"Continuing education credit" means one hour of satisfactory
participation in an accredited or approved program or course of continuing
education.
(f)
"Certification of attendance and/or participation" means a
document, issued to a particular licensee by a provider certifying that the
licensee has satisfactorily completed a specified number of continuing
education credits.
(g)
"Didactic" means continuing education earned via live
presentation.
Source. #2344, eff 4-15-83; ss by #2986, eff 3-18-85;
ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #6516, eff 5-24-97; amd
by #7420, eff 1-1-01; paragraphs (a)-(h) & (j)
EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.01); ss by #12129, eff 3-10-17
Frl 403.03 Renewal Requirements.
(a)
The board shall not issue license renewals until proof has been
submitted, indicating the completion of continuing education programs or
courses, approved by the board, during the 2-years
immediately preceding the application for renewal as required by Frl 403.03(f).
(b)
The licensee shall submit to the board proof of successful program or
course completion. The licensee shall
maintain such documentation for a period of not less than 2 biennial licensing
periods.
(c)
Proof of successful program or course completion shall be in the form of
a certificate which shall contain at a minimum the following:
(1) The name of the provider;
(2) The completion date of the continuing
education program;
(3) The name of the participant;
(4) The title of the program; and
(5) The number of continuing education
credits the program or course has been assigned.
(d)
A renewal application submitted by a licensee that is not in compliance
with the requirements of Frl 403.03(f) shall not be
accepted or processed and shall be returned to the applicant.
(e)
Every embalmer and funeral director submitting application for the first
renewal following issuance of the original license, shall complete 14 hours of
continuing education credit if licensed more than 12 months prior to expiration
and 7 hours of continuing education credit if licensed less than 12 months
prior to expiration.
(f)
Every embalmer and funeral director shall complete 14 hours of
continuing education credits every biennial licensing period.
(g)
Continuing education credits shall not be recognized for the same
program attended or completed within the same biennial licensing period.
(h)
Continuing education approval is granted on a biennial basis ending June
30th every odd numbered year.
Source. #2344, eff 4-15-83; ss by #2986, eff 3-18-85;
ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
New. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.02); ss by #12129, eff 3-10-17
Frl 403.04 Home Study or
Internet Continuing Education.
(a) Continuing education credit shall be granted
for the completion of home study or online internet programs or courses,
provided that such programs or courses require the completion of a written exam
by the funeral director or embalmer to be
scored by the provider.
(b) Satellite transmissions which provide for
group discussion and include a facilitator shall be granted credit.
(c) A maximum of 10
hours in this category may be applied toward fulfilling the total continuing
education credit requirements for biennial license renewal.
(d) Notwithstanding (c)
above, due to the governor’s executive order 12, which expired June 11, 2021,
during the renewal cycle ending in June 30, 2021, all continuing
education hours may be completed via home study or online internet programs or
courses.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.05); ss by #12129, eff 3-10-17; ss by #13252, eff 8-13-21
Frl
403.05 Postgraduate Funeral Science
Curricula.
A funeral director or embalmer who
matriculates in a postgraduate funeral science curriculum or program shall be
awarded continuing education credits for satisfactory completion of each course
within said curriculum or program.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.07); ss by #12129, eff 3-10-17
Frl
403.06 Waivers.
(a)
Any licensee with a serious illness, disability, hardship, or
extenuating circumstances shall notify the Board, in writing, and request a
waiver of Frl 403 not less than 30 days prior to June
30th of a biennial licensing period. The letter of request shall
include documentation from the licensee's physician to verify the illness or
disability. The Board shall have the power to review the request for a waiver
of all or a portion of the continuing education
requirements as defined in Frl 403.03(f) on a case by case basis.
(b)
The board shall approve or deny a waiver request, in writing, within 30
days of receipt of the request.
(c)
The board shall approve a waiver request only if:
(1) The length of time an illness, disability,
hardship, or extenuating circumstances exceeds 6 months; and
(2) The licensee has provided a plan for
obtaining the required continuing education credits and an estimated date of
completion.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.08); ss by #12129, eff 3-10-17
Frl
403.07 Reinstatement. Any individual desiring reinstatement of his
or her license shall show evidence of completion of at least the following
minimum continuing education credits:
(a)
Individuals who have not held an active license for 3 months or less
shall complete 14 hours of continuing education credit, of which up to 10 hours
may be home study completed pursuant to Frl 403.04 (f);
(b)
Individuals who have not held an active license for more than 3 months
and less than 6 years shall complete the following continuing education credits;
(1) Four hours continuing education of
Occupational Safety and Health Association (OSHA) 29 CFR Part 1910 compliance training;
(2) Four hours continuing education
of bloodborne pathogen training;
(3) Four hours continuing education of Federal
Trade Commission (FTC) 16 CFR Part 453 compliance training;
(4) One hour continuing education of current
didactic compliance training of Secretary of State, Division of Vital Records
Administration automated death registration submission procedures; and
(5) Four hours continuing education of current
funeral and cremation trends;
(c)
Individuals who have not held an active license for more than six (6)
years shall, in additional to the requirements set
forth in Frl 403.07(b), complete the following:
(1) Pass a practical examination; and
(2) Pass a written
examination on the current state laws and rules governing the practice of
funeral directing and embalming in the State of New Hampshire.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.09); ss by #12129, eff 3-10-17
Frl
403.08 Penalty. Any funeral director or embalmer who alters,
forges, or falsifies, or causes to be altered, forged, or falsified any
documents, or records required to be kept or submitted by this rule shall be
subject to disciplinary action under RSA 325:32, II and Frl
207.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.10); ss by #12129, eff 3-10-17
Frl
403.09 Continuing Funeral Service
Education Requirements.
(a)
In order to obtain continuing education credit
the provider, funeral director or embalmer shall submit a written request for
approval of programs or courses.
(b)
The written request shall at a minimum contain the following:
(1) The name of the provider;
(2) The title of the program or course;
(3) Date and location of the program or course;
(4) The number of continuing education credits
requested for the program or course;
(5) The name of the program or course presenters;
(6) A copy of the program or course description,
agenda and handout materials;
(7) A biographical sketch of each presenter: and
(8) A sample certificate of attendance or
completion.
(c)
The following programs or courses shall be approved for continuing
education credit:
(1) Funeral service/funeral home management to
include:
a. Subjects related to meeting the needs of
families and the community funeral service;
b. Management functions and concepts
as related to funeral service;
c. Management of human resources that include
personnel management relevant to funeral service operations;
d. Financial management;
e. Marketing management to include:
1. Merchandising;
(i) Casket types and
materials, not brand specific;
(ii) Vault types and materials, not brand specific;
(iii) Selection room guidelines, not brand specific;
(iv) Urns, not brand specific; and
(v) Display, not brand specific;
2. Product;
3. Price;
4. Pricing methods, not brand specific;
5. Distribution; and
6. Promotion of funeral service to include
advertising, public relations and customer relations;
(2) Requirements of
facilities and equipment to include:
a. Requirements for state licensure;
b. Provisions of the Americans with Disabilities
Act applicable to funeral service; and
c. OSHA standards and requirements relevant to
funeral service;
(3) Office systems and records to include:
a. Client service records such as case reports,
first call methods, arrangement forms, sales contracts, and disclaimers;
b. Records required by government agencies; and
c. Required personnel records;
(4) Funeral service operational procedures to
include:
a. Notification of death;
b. Transfer of remains or removal of remains
from place of death;
c. Arrangement conference or statistical
information recovery; and
d. Dressing, casketing, and preparing the
deceased for viewing by family or public;
(5) Preparing and directing of
funeral;
(6) Post need services, aftercare, and estate procedures;
(7) Disaster procedures to include:
a. Role of funeral professionals and other personnel;
b. Responses to disasters, both natural and man made;
c. General consequences and concerns that occur
due to disasters;
d. Investigational procedures and concerns
related to funeral personnel; and
e. Federal, state, and local concerns and roles
in disasters;
(8) Trends and changes in funeral service and
areas related to funeral service, including:
a. Population and death projections pertaining
to funeral service;
b. The place of death and how it has changed as a result of medical technology;
c. Changes in the family unit structure;
d. Religion and the clergy;
e. Alternatives to current legal forms of disposition;
f. Regulatory issues;
g. Recruitment and retention of personnel in
funeral service;
h. Diversity in funeral service employment;
i.
Role of computers and their effects in funeral service;
j. Pre-need service and pre-financing of
funerals and its growth in the industry;
k. World-wide Funeral customs; and
l. Changing attitudes of consumers relative to
funeral service;
(9) Funeral service law;
(10) NH state statutes and administrative rules;
(11) Religious customs in funeral service;
(12) History of funeral service;
(13) Accounting as related to funeral law;
(14) Business law;
(15) Restorative art;
(16) Embalming and embalming theory;
(17) Psychology including;
a. Grief processes; and
b. Effects of grief on family, caregivers, and
funeral professionals;
(18) Sociology
including;
a. Cultural and ethnic sociology; and
b. Society as related to funeral service;
(19) Cremation including;
a. Trends;
b. Statistics;
c. Laws and rules; and
d. Training programs required for Crematory
Operator certification;
(20) Anatomy and physiology;
(21) Pre-need
funeral service laws and rules:
(22) Veteran Administration (VA) including;
a. Laws;
b. Benefits;
c. Procedures; and
d. VA and national cemetery requirements and procedures;
(23) Military including:
a. Mortuary affairs;
b. Benefits as related to funeral service;
c. National cemetery requirements and
procedures; and
d.
Military burials;
(24) Organ procurement including:
a. Trends; and
b. Clinical harvesting of organs;
(25) Agencies not previously mentioned that are relevant
to funeral service;
(26) Federal trade commission, especially its funeral
rule, 16 CFR 453;
(27) Insurance seminars that are relevant to pre-need
funeral services; and
(28) Trade
association business meeting;
(d)
The following programs or courses shall not be approved for continuing
education credit:
(1) Courses within the normal college curriculum
such as english, history, and social studies;
(2) Courses that deal with sales and advertising
of brand specific products only and would not further educate a licensee as to
his or her product knowledge and development of funeral procedures and
management models designed to increase the level of service provided to the consumer;
(3) Courses that deal with promoting brand
specific marketing and merchandising of funeral goods and funeral services;
(4) Courses in psychology and sociology that are
not grief specific to families, care-givers, and
funeral professionals including participation in an ongoing grief support
group(s);
(5) Courses that are offered for academic credit
by a mortuary science college approved by the American Board of Funeral Service
Education, and taken to obtain licensure as a funeral director or embalmer
shall not be approved;
(6) Courses involving cemetery operations and
procedures shall not be construed as allowable topics under the funeral service
management curriculum in that because regulation of cemeteries is not in the
scope of regulation and authority of the board;
(7) Courses and instruction in non-human related
services such as but not limited to pets and merchandising and related topics;
and
(8) Activities such as social occasions, meals,
receptions, sporting events, and business meetings to include sales meetings,
or exhibits displayed at such activities.
(e)
The board shall monitor, inspect, or review any approved continuing
education program or course as necessary to determine compliance, and upon
evidence of variations in the program presented from the program approved,
shall disapprove any or all of the approved hours granted to the course or
program if the board determines the program or course is not in compliance with
these rules.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl
403.11); ss by #12129, eff 3-10-17
Frl
403.10 Procedure for Funeral Service
Program or Course Approval.
(a)
A continuing education program or course shall be recognized and
approved by the board upon submission of a completed application for approval
of said program or course, provided that said sponsor meets all the following
requirements:
(1) The sponsor establishes and maintains an
accurate record of program or course attendance showing the date of the program
or course, the location at which the program or course was given, the name of
each person who attended, and the license or registration number of each person
who attended;
(2) The sponsor issues certificates or other
written evidence of completion of the program or course to each person who
attends the entire program or course;
(3) Names and signatures of persons
authorized to certify attendance forms are completed and submitted for each
date, time and location the program or course will be offered;
(4) If multiple courses are being offered for one
program, then all courses are listed together provided the same individual(s)
are certifying attendance for all courses;
(5) The sponsor does not issue certificates or
other written evidence of completion of the program or course until the program
or course is completed;
(6) The program or course meets all applicable
requirements of Frl 403.09(c); and
(7) The sponsor maintains a copy of the program
or course outline, and all records required by Frl
403.09(b) for a period of at least two years from the date on which the program
or course is presented.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09; ss by #12129, eff 3-10-17
PART
Frl 404
ONGOING REQUIREMENTS
Frl
404.01 Conducting of Funeral. No funeral director shall permit or request a
person, who is not licensed by the board as a funeral director or apprentice
embalmer to arrange, prearrange, conduct, direct or supervise a funeral.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88; amd
by #4937, eff 9-24-90, EXPIRED: 9-24-96
New. #10548, eff 3-21-14
Frl
404.02 Financial Disclosure.
(a)
Every funeral establishment in this
state or the funeral service licensee thereof 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 a written statement of funeral goods and
services selected.
(b)
The written statement of funeral goods and services selected shall be
given, at the time the funeral arrangements are completed and prior to the time
of rendering the service and providing the merchandise except for the removal
of the deceased from the place of death to the funeral home.
(c)
The written statement of funeral goods and
services selected shall, to the extent then known, include:
(1) The price of the service(s) that the person
or persons have selected and what is included therein;
(2) The price of each of the supplemental items
of service and merchandise requested; and
(3) The amount involved for each of the items for
which the firm will advance monies as an accommodation to the family.
(d)
A statement of funeral goods and services
selected shall be signed by the licensed funeral director making the
arrangements with a copy given for retention to the financially responsible
party(ies).
Said signature shall be original in format. A copy of the signed statement shall be
retained by the funeral establishment for 6 years and made available upon inspection of the
funeral establishment.
(e)
A statement of funeral goods and services
selected shall include such other disclosure standards as found in 16 C.F.R.
Section 453 (Federal Trade Commission).
Source. #10548, eff 3-21-14
Frl
404.03 Entombment. When a body is entombed to await burial, the
funeral establishment of record in charge of
the burial, shall label the casket to identify the
body. A body shall be embalmed when it
shall be entombed for 24 hours or more. The funeral establishment of record shall be
responsible for taking corrective action within 24 hours of becoming aware of
any leakage or strong odor resulting from an entombed body. Corrective action shall include any procedure
that will prevent exposure to the public and/or any potential health hazard.
Source. #10548, eff 3-21-14
CHAPTER Frl 500 ETHICAL AND
PROFESSIONAL STANDARDS
PART Frl 501 ETHICAL AND
PROFESSIONAL STANDARDS
Frl
501.01 Ethical and Professional
Standards. All licensees shall comply with the “Code of Professional
Conduct” of the National Funeral Directors Association, as amended March 10,
2008, available as noted in Appendix II.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED: 1-20-94
New. #12673, eff 11-20-18
CHAPTER
Frl 600
LICENSED FUNERAL HOME
Statutory
Authority: RSA 325:9
PART
Frl 601
DEFINITIONS
Frl 601.01 Definitions. Except where the context makes another
meaning manifest, the following words have the meanings indicated when used in
this chapter:
(a)
“Funeral home” means “funeral home” as defined in RSA 325:1, IX. The term “funeral home” also includes a
chapel, which is a location at which funeral services are provided, but which
does not have a preparation room.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
PART
Frl 602
LICENSURE
Frl
602.01 Notification of Board.
(a)
A funeral director who changes the location of his or her funeral home,
or who adds a funeral home away from their main or primary funeral home, or
both, or who purchases a funeral home, shall request an inspection within 10
days of the close of the transaction or relocation.
(b)
The notification shall contain the following:
(1) The name and address of the funeral home;
(2) Whether the facility is a funeral home or chapel;
(3) The telephone number; and
(4) Name of owner(s) and name(s) of licensed
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.02 Personnel.
(a)
Upon employment of licensed personnel, funeral home
owners or managers shall provide the board with the following
information regarding those personnel:
(1) Name(s);
(2) Position(s);
(3) License certificate number(s); and
(4) Full-time or part-time status.
(b)
All certificates of licensure of a funeral director, embalmer, or
apprentice employed by the funeral home shall be displayed in a place clearly
visible to the general public. In instances of multiple funeral homes, a
photocopy of the license shall be displayed at each remote location, with the
original displayed within the primary funeral home.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.03 Operations. The sale or provision of the following goods
or services shall require licensure as a funeral home, except as provided in
RSA 290:
(a)
Consulting with members of the general public
about, or making arrangements concerning the
disposition of human remains, including arrangements for cremation, for compensation;
(b)
Removing a deceased human body from a place of death;
(c)
Transporting human remains;
(d)
Embalming human remains;
(e)
Performing restorative and cosmetic work on human remains, including hairdressing;
(f)
Dressing human remains;
(g)
Casketing human remains;
(h)
Making burial, cemetery, cremation or anatomical gift arrangements at
the request of the decedent or decedent’s family, or any other person(s) of
proper legal authority pursuant to RSA 290:16 IV;
(i) Providing of professional vehicles in
connection with a funeral service;
(j) Arranging for religious services
and clergy for funeral or memorial services and the final disposition of human remains;
(k)
Providing assistance during visiting hours and
at the funeral service, and for other funeral service related
functions and responsibilities;
(l)
Securing and processing required documents, such as death certificates,
burial permits, certified copies of the death certificate, and documents for
foreign shipment of human remains;
(m)
Making arrangements with medical examiners;
(n)
Preparing, negotiating or executing any pre-need funeral contract, or
receiving any funds tendered as payment for the funeral goods or services
identified in such a pre-need funeral contract; or
(o)
Engaging in such other activities considered to be a part of the
business, practice, science or profession of embalming or funeral directing as
commonly practiced.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.04 Licensed Personnel. All aspects of funeral directing and
embalming, arranged and conducted by a funeral home, shall be conducted by a
licensed funeral director or licensed funeral apprentice. Unlicensed personnel may
assist in conducting a funeral service or visitation, but only in the presence
of a licensed funeral director or licensed funeral apprentice.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.05 License Required. Any funeral service, shipping service, direct
disposition service, trade service, or any service which prepares dead human
bodies for final disposition, shall be licensed as a funeral home. Nothing herein contained shall be construed
or interpreted to prohibit the practice of funeral directing and embalming by
more than one funeral home from the same physical location. Licensed funeral directors or licensed
embalmers leasing space in a licensed funeral home, but providing funeral
service independently as a separate business, shall be engaged in the operation
of a separate and distinct funeral home, and therefore shall obtain a funeral
home license and shall be subject to inspection as required under Frl 603.01.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.06 Notification. Any person desiring to construct or purchase
a funeral home shall notify the board in writing.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.07 Issuing a License. A license shall be issued upon successful
completion of an inspection pursuant to Frl 603.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.08 Accessibility. A funeral home shall be accessible to
individuals with disabilities to the extent required by all applicable
provisions of the Americans with Disabilities Act 42 U.S.C.12101 et seq., 28
CFR Part 35, and all applicable provisions of any other federal, state, or
local laws and regulations.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.09 Preparation Room. A funeral home shall include a preparation
room equipped as defined in Frl 700.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.10 Chapel. A funeral home shall include a chapel or room
specifically for providing or conducting visitation, a funeral service, or
memorial service.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.11 Sanitary Facilities. A funeral home shall contain such toilets,
lavatories and other sanitary facilities for men and women as may be required
by applicable federal, state, and local laws and regulations.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.12 Funeral Home Maintenance.
(a)
The general interior of the funeral home shall be continually maintained
to ensure that public and non-public areas are clean and safe. All flooring, walls, and ceilings shall be
free of holes, peeling paint, or any other deterioration beyond reasonable wear
and tear. All outside openings shall be
screened, covered, or otherwise sealed to prevent the entrance of insects or
rodents.
(b)
The general exterior and overall grounds of the funeral home shall be
continually maintained to ensure that areas of public travel are free of debris
and hazards that could cause possible injury.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.13 Documentation.
(a)
A funeral home shall retain and offer for review and retention all
documentation stipulated by the Federal Trade Commission and the Funeral Rule
16 CFR 453. Said documentation shall be in compliance with the rules set forth by the Federal
Trade Commission and the Funeral Rule 16 CFR 453.
(b)
Any funeral chapel or location operating as a separate facility directly
associated with a funeral home shall offer for review
and retention to consumers, all documentation required by the Federal Trade
Commission and the Funeral Rule 16 CFR 453, and said documentation shall depict
the legal name, address and phone number of all locations affiliated with the
funeral home.
(c)
All services and associated costs offered to the consumer by a funeral
chapel or location operating in direct association with a funeral home shall be
the same as those being offered by the primary funeral home.
(d)
All websites directly related to a funeral home shall be maintained with
current documentation and information associated with the funeral home, funeral
chapel or location, and said documentation shall be in
compliance with the rules set forth by the Federal Trade Commission and
the Funeral Rule 16 CFR 453.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.14 Documentation Retention.
(a) Price lists shall be retained for a minimum
of three years following the date on which they are no longer effective.
(b) Itemized statements of funeral goods and
services shall be retained for a minimum of six years from the date on which
arrangements were made.
(c) All documents, pre-need and at-need, shall be
maintained on the premises and made available for inspection.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.15 Signage. Every funeral home shall maintain a clearly
legible exterior sign displaying the legal name of the funeral home. The sign shall be placed in a location that
is clearly visible to the public.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
PART
Frl 603
INSPECTION
Frl
603.01 Funeral Home Inspections.
(a) The board shall inspect every funeral home
or chapel where funeral directing is conducted or where embalming is practiced
at least once every 3 years but no more than 2 times per year unless just cause
such as evidence of repeated complaints.
Inspections shall be performed by members of the board or the board’s
appointed designee, and shall be conducted in the
presence of the owner(s) or a licensed New Hampshire funeral director employed
by the funeral home.
(b)
Upon notification from the applicant that the establishment for which
they have requested a license is ready for inspection, the board shall conduct
an inspection pursuant to Frl 603.
(c)
Once every 3 years the board shall request each licensee’s consent to
conduct a routine inspection and if such consent is given, the board shall
conduct an inspection.
(d)
If a request pursuant to (c) above is denied, or if the board determines
it is necessary to conduct a surprise inspection, the board shall obtain an
administrative warrant pursuant to RSA 595-B and shall then conduct the
inspection.
(e)
Any inspection shall be conducted, pursuant to Frl
603, during regular business hours for the purpose of inspecting such records
and conducting such investigations as may reasonably be necessary to ensure
that the funeral home or chapel, and its owners and employees, are in
compliance with all applicable requirements set forth in Frl
700 and all other applicable federal, state, and local laws or regulations.
(f)
The inspection report shall be completed by a board member or the
board’s authorized designee and shall include the following:
(1) The name of the funeral home or chapel, its
physical address, telephone number, fax number, e-mail, and web site address;
(2) The funeral home or chapel license number,
the date and time of inspection, the type of inspection, and type of ownership;
(3) The name, position, license number and hours
worked for each employee of the funeral home or chapel;
(4) The name and address of the financial
institution where pre-need funds are deposited including name of any licensed
insurance agent;
(5) Whether the funeral home or chapel displays
certificates of inspection and certificates of licensed individuals in
accordance with Frl 602.02 (b) and Frl 603.02;
(6) Whether the funeral home or chapel complies
with the Americans with Disabilities Act;
(7) Whether the funeral home or chapel complies
with Frl 602.10, Frl
602.11, Frl 602.12 (a) and (b);
(8) Whether the funeral home or chapel maintains
a clearly legible exterior sign in accordance with Frl
602.15;
(9) Whether the funeral home or chapel maintains
a preparation room in compliance with Frl 701.01
(a)-(r);
(10) Whether the funeral home or chapel maintains
proper sanitation and universal precautions in compliance with Frl 701.02 (c)-(f);
(11) Whether the funeral home or chapel maintains
a general price list, casket price list, outer burial container price list, and
statement of funeral goods and services selected disclosures in compliance with
the Funeral Rule 16 CFR 453;
(12) Obtain copies of the general price list,
casket price list, statement of funeral goods and services selected, outer
burial container price list and pre-need funeral contract;
(13) Whether the funeral home or chapel complies
with the web site requirements in Frl 602.13 (d);
(14) Whether the funeral home or chapel complies
with the pre-need funeral contracts requirements in RSA 325:46-a I and funds
deposited in accordance with RSA 325:45;
(15) The date of inspection and signature of
inspector; and
(16) The date, signature, and title of funeral
home representative, which shall represent the funeral home representative’s
acknowledgement that he or she was present during the inspection.
(g)
Funeral home inspection fees shall be as specified in Frl 307.01, Table 307-2.
(h)
Interference with, or the obstruction of, a board member or an
authorized designee in the performance of their
respective duties by an owner, agent, or employee of the funeral home or chapel
shall be considered sufficient cause for suspension or revocation of the
funeral director’s license.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15; ss by 13252, eff 8-13-21
Frl
603.02 Approval. Upon the board’s approval of such funeral
home or chapel, the board shall issue a certificate of inspection that shall be
displayed in a place viewable by the general public
within each facility licensed by the board.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
603.03 Failure. Upon the failure of such an inspection the
board shall notify the owner or
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
603.04 Reinspection.
(a)
A funeral home or chapel that fails inspection shall be reinspected by a
board member and the initial inspector, after receipt of notification that the
cited deficiencies have been corrected.
In any event, the reinspection shall be performed by at least 2 members
of the board.
(b)
At the board’s discretion, photographs of the correction of the cited
deficiencies may be submitted, and the board and the original inspector may
approve the corrective actions without the requirement of an in
person reinspection, so long as the photographs clearly demonstrate that
the cited deficiencies have been corrected.
In such case, no reinspection fee shall be
required.
(c)
As specified in Frl 307.01, Table 307-2 the
reinspection fee shall be $100.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
603.05 Emergency Action.
If
it is determined that the public health’s safety or welfare requires emergency
action the board shall suspend the license of the funeral director in
accordance with RSA 541-A:30, III, and the funeral home or chapel shall
not be allowed to operate until all deficiencies noted within the inspection
report are rectified and a reinspection by a board member and the initial
inspector has been completed and has determined that all corrective actions
have been completed.
Source. #1689, eff 12-22-80; ss by#2344, eff 4-15-83;
ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
CHAPTER
Frl 700
PREPARATION ROOM
Statutory Authority: RSA
325:16
PART Frl 701 REQUIREMENTS
AND EQUIPMENT
Frl
701.01 Preparation Room Requirements
and Equipment. A funeral home shall
have a preparation room meeting the following minimum requirements:
(a)
The preparation room shall be adequate in size and lighting to
accommodate all necessary equipment and instruments to properly embalm and or
prepare deceased human bodies for burial, cremation or other final disposition. There shall be storage shelves or cabinets
for all supplies, instruments, and equipment;
(b)
The walls and ceiling shall be as air-tight as
possible. The walls shall run from floor
to ceiling and shall be of finished tile or other material finished with
enamel, enamel paint, or other waterproof material, and contain no open seams,
cracks or chips;
(c)
The floor shall be constructed of tile, cement, linoleum, or like
composite materials which are impervious to water or covered with materials
which are impervious to water. Flooring
materials shall not contain cracks, chips or the like
which would allow for fluids to seep into the exposed area
making proper cleaning of the floors impossible;
(d)
Any preparation room constructed after May 17, 2010
shall be heated and air-conditioned;
(e)
Any preparation room renovated after October 31, 2018
shall be heated and air-conditioned;
(f)
The preparation room shall be vented with an exhaust fan. All fumes shall be ventilated to the outside
atmosphere. The location of the exhaust fan shall be at the foot-end of the
embalming table and in close proximity to the area of
the embalming waste sink. The construction of the preparation room shall be
such that odors cannot enter the rest of the building. Any new construction shall have an exhaust
fan located at the foot-end of the embalming table below the level of the table;
(g) All opening windows
and outside doors shall be adequately screened and shielded from outside viewing;
(h) The preparation room shall be strictly
private and locked at all times. A “private” sign shall be posted on the
door(s) entering the preparation room. No one shall be allowed in the
preparation room while the body is being embalmed except the licensed
embalmers, licensed funeral directors or apprentices;
(i) The embalming table shall have a top composed
of stainless steel, porcelain or other rustproof material, and the
edges shall be raised at least 3/4 inch around the entire table. The embalming
table shall be free of cracks or chips making proper cleaning impossible. There shall be a drain opening in the table;
(j) A hydro-aspirator or electric aspirator equipped with at least one air breaker shall be
present. A drainage tube shall be connected to the aspirator and shall be long enough
to extend from the aspirator into the drain.
Documentation of annual back flow functional testing or inspection shall
be available for review by the inspector;
(k)
An embalming waste sink shall have a minimum depth necessary to
eliminate potential back splash and overflow.
A drainage hose shall be attached to all drain openings in the embalming
table and be long enough to extend into the embalming waste sink to base of the
drain. If the embalming table cannot
accommodate a drainage hose leading to the base of the embalming waste sink or
if the embalming waste sink is not deep enough to eliminate potential back
splash and overflow, the embalming waste sink shall have a plexiglass cover
with a hole to accommodate the drain hose(s) from the embalming table. An acceptable alternative to an embalming
waste sink shall be a direct connection from the embalming table drain openings
to the public sewer system or a septic system if a public sewer is not available;
(l)
The building drainage shall be connected to the public sewer or a septic
system if a public sewer is not available;
(m)
The preparation room shall have hot and cold running water;
(n)
The preparation room shall have a separate sink, in
addition to the embalming waste sink, for personal use with hot and cold
running water;
(o)
The preparation room shall have a first aid kit and
eyewash station;
(p)
Only equipment and supplies necessary for the preparation or care of
dead human bodies for disposal or transportation shall be kept
within the room. Said equipment shall be maintained in a sanitary manner and be safe for use
at all times;
(q) All bodies in the preparation room shall be treated with proper care and dignity and
shall be properly covered at all times;
(r)
The preparation room shall contain the necessary equipment and supplies
to meet all OSHA requirements; and
(s)
All OSHA material safety data sheets shall be available in a location
outside of the preparation room.
Source. #1689, eff 12-22-80; ss by #2344, eff
4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
Frl 701.02 Sanitation and Universal Precautions. Requirements to control the spread of
infectious agents within the preparation room and to protect all staff
responsible for the handling of deceased human remains shall include the
following:
(a)
All persons engaged in the embalming of a dead
human being shall take all necessary, universal precautions including, but not be limited to, wearing:
(1) Smock, apron, or gown capable of covering the
person from the neck to the knees;
(2) Impervious gloves; and
(3) Appropriate protective eye wear.
(b)
All personnel shall take universal precautions including, but not
limited to:
(1) Using gloves and gowns;
(2) Washing hands;
(3) Cleaning surfaces with hot water and soap or
suitable detergent; and
(4) Sterilizing instruments.
(c)
Covered receptacles for refuse, trash and soiled linens shall be located in the preparation room.
(d)
A covered receptacle solely for the containment of bio-hazardous materials, and made of material impervious to leakage of
said materials, shall be clearly marked “hazardous materials”. All bio-hazardous materials shall be
destroyed in accordance with Env-Hw 100-1100, RSA
147-A and OSHA-Blood Borne Pathogens Standard 29 CFR 1910.1030.
(e)
The preparation room shall be maintained in a clean and sanitary
condition. All embalming tables, sinks, receptacles and other appliances used
in embalming and temporary holding of dead human bodies shall be thoroughly
cleaned with hot water and disinfectant. Suitable
equipment and chemical sterilents shall be available
to sterilize instruments immediately following their use.
(f)
Universal precautions as described under OSHA regulations shall be
maintained in sufficient numbers in all removal vehicles. At a minimum, these
shall include coverall suits, shoe coverings, and high fluid-impervious gloves.
Source. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
Frl
701.03 Exception. A stand-alone chapel of a funeral
establishment, with the same ownership, shall be permitted to operate without
maintaining a preparation room.
Source. #9716, eff 5-17-10; ss by #12673, eff
11-20-18
CHAPTER Frl 800 CREMATORIES
Statutory Authority RSA 325-A:28
REVISION NOTE:
The rules governing crematories,
formerly numbered He-P 700 and filed by the Department of Health and Human
Services under Document #8480, effective 11-5-05, had expired on 11-5-05. Prior to the filing of the rules in Document
#8480, the rules had been numbered and filed as He-P 600 under Document #4166,
effective 11-6-86, and had expired 11-6-92.
The rules in Chapter Frl 800 were adopted and filed in Document #10945,
effective 10-9-15, by the State Board of Registration of Funeral Directors and
Embalmers. The rules in Document #10945
replace all prior filings on crematories.
PART Frl 801 CREMATORY REGULATIONS
Frl 801.01 Purpose. The purpose of this part is to set forth the
requirements for all crematories pursuant to RSA 325-A.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.02 Definitions.
(a) “Authorizing agent” means “authorizing agent”
as defined in RSA 325-A:1, II.
(b) “Board” means “board” as defined in RSA
325-A:1, III.
(c) “Change of ownership” means the change in the
controlling interest of an established crematory.
(d) “Communicable disease” means “communicable
disease” as defined in RSA 141-C:2, VI.
(e) “Cremated remains” means “cremated remains”
as defined in RSA 325-A:1, V.
(f) “Cremation” means the technical process that
uses heat and evaporation to reduce human remains to bone fragments, and which
involves the processing of such remains by pulverization, leaving only bone
fragments reduced to unidentifiable dimensions, and the unrecoverable residue
of any foreign matter, such as eyeglasses, bridgework, or other similar
material, that was cremated with the human remains.
(g) “Cremation chamber” means the enclosed space
within which a cremation takes place.
(h) “Crematory” means a building or portion of a
building which contains a cremation chamber and holding facility.
(i) “Crematory
operator” means “crematory operator” as defined in RSA 325-A:1, XI.
(j) “Designated agent” means the individual
authorized to have custody and control of the human remains pursuant to RSA
290:17.
(k) “Funeral director” means “funeral director”
as defined in RSA 325:1, VIII.
(l) “Holding facility” means the area of a
crematory designated for the retention of human remains prior to cremation and
includes a refrigerated facility.
(m) “Human remains” means the body of a deceased
person, or human body part, in any stage of decomposition and includes limbs or
other portions of the anatomy that are removed from a person or human remains
for medical purposes during treatment, surgery, biopsy, autopsy, or medical
research.
(n) “Leak proof pouch” means a plastic, vinyl, or
similar material bag that is made specifically for the containment of human
remains.
(o) “Next-of-kin” means “next-of-kin” as defined
in RSA 290:16, IV.
(p) “Owner” means the individual, partnership or
corporation with a controlling interest in the crematory.
(q) “Suitable solid container” means a rigid
container, that is designed for the encasement and disposition of human remains
before cremation.
(r) “Urn” means a decorative container used for
placement of cremated remains that varies in size, styling, and composition.
(s) “Violations against a decedent” means actions
that desecrate or tamper with the human remains or personal effects, lead to
the misidentification of a decedent, or allow the commingling of cremated
remains of more than one decedent.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl
801.03 License to Operate a Crematory.
(a) Prior to performing cremations in a new
facility, a person desiring to operate a crematory shall comply with RSA
325-A:2 and apply to the board for a license.
(b) Each applicant shall submit a completed
application form entitled “Application for License to Operate a Crematory”
revised 7/2015, including the following:
(1) The name of the applicant;
(2) The mailing address of the applicant;
(3) The applicant’s telephone number;
(4) The applicant’s email address;
(5) The name of the crematory;
(6) The location of the
crematory, including the street number and name, town or city, state, zip code,
county, and the name of cemetery or funeral home if applicable;
(7) The name and address of
each crematory owner, and indicate ownership type individual, association,
partnership, corporation or other, if other explain;
(8) The name of the certified
crematory operator(s) pursuant to RSA 325-A:4; and
(9) The signature of:
a. The owner, if a private crematory;
b. Two officers, if a
corporation; or
c. At least one authorized
individual, if any other entity; and
(10) A fee of $100 for
licensure.
(c) The crematory authority shall submit an
unexpired certified crematory operator certificate for each operator. A certificate shall be considered expired if:
(1) It is past its expiration
date listed on the certificate; or
(2) It is over 5 years from the
date of its issue.
(d) Every applicant and crematory operator shall
submit to the board a notarized criminal history record release form and the
associated fee, as provided by the New Hampshire division of state police,
which authorizes the release of his or her criminal history record, if any, to
the board.
(e) The applicant shall mail or
hand-deliver the documents to:
Board of Registration of Funeral Directors and Embalmers
Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss by #13252, eff 8-13-21
Frl 801.04 Approval
or Denial to Operate a Crematory.
(a) The board shall process the “Application for
License to Operate a Crematory” in accordance with RSA 541-A:29.
(b) Once a completed application is received, the
board shall schedule an inspection of the crematory pursuant to Frl 801.05.
(c) The board shall grant a license to operate a
newly constructed crematory following a successful inspection as described in Frl 801.05, (f).
(d) If a license is granted, the board shall:
(1)
Notify the applicant in writing of approval to perform cremations for 90
days; and
(2)
Schedule an inspection of the crematory as described in
to Frl 801.05 (a) (2).
(e) If a license is denied, the board shall
notify the applicant in writing of:
(1) The
reason for the denial; and
(2) Any
deficiencies listed in the inspection report described in Frl
801.05 (g).
(f) The application fee described in Frl 801.03 (b) (10), shall be returned unless an inspection
was performed prior to denial of licensure.
(g) If an inspection was performed
the board shall retain an administrative fee of $25 for denied applications.
(h) The board shall notify the applicant in
writing of approval to operate a crematory following a successful inspection as
described in Frl 801.05 (f).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl
801.05 Inspections.
(a) A board member or its authorized designee
shall conduct an inspection of the crematory premises to ensure compliance with
RSA 325-A and Frl 800 at the following times:
(1) After the completion of
construction, but prior to the performance of cremations;
(2) Within 90 days of granting
approval to operate;
(3) At any time after receiving
approval to operate in order to determine continued compliance;
(4) Upon notification of ownership change; and
(5) Once every 3 years.
(b) A crematory owner
who changes the location of his or her crematory, or who adds a crematory away
from the owner’s main or primary facility, or both, or who purchases a
crematory, shall request an inspection within 10 days of the close of the
transaction or relocation and shall submit a notification to the board which
contains:
(1) The name and address of the crematory;
(2) The telephone number; and
(3) The name of the crematory owner(s), manager(s), and the names of
all certified crematory operators employed by the crematory, and the date their
certification expires.
(c) Upon notification from the applicant that the
crematory for which the applicant has requested a license is ready for
inspection, the board shall conduct an inspection pursuant to Frl 801.05.
(d) Once every 3 years, the board shall request a
crematory authority’s consent to a routine inspection and if such consent is
given the board shall conduct an inspection.
(e) If a request pursuant to (d) above is
denied, or if the board determines it is necessary to conduct a surprise
inspection, the board shall obtain an administrative warrant pursuant to RSA
595-B and shall then conduct the inspection.
(f) The crematory inspection report shall contain
the following:
(1) The name of crematory,
physical address, mailing address, telephone number, fax number, crematory
e-mail, and web site address, if any;
(2) The crematory license
number and date and time of inspection;
(3) Whether the inspection is
for a new license, a renewal license, a change of ownership, or a re-inspection;
(4) The name of the inspector;
(5) The name of crematory owner
and manager;
(6) The make, model, and number
of cremation retorts;
(7) The name of any certified
crematory operator(s) and the date their certification expires;
(8) Whether the crematory has
established written policies and procedures in accordance with Frl 801.11 (b);
(9) Whether the crematory conform to the requirements of New Hampshire department of
environmental services, Env-A 100 through Env-A 4805, governing the control of
air pollution pursuant to Frl 801.11 (c);
(10) Whether the crematory has
complied with the requirements of New Hampshire department of environmental
services, Env-Sw 904 for the management of infectious
waste pursuant to Frl 801.11 (d);
(11) Whether the crematory
maintains a holding facility in accordance with Frl
801.11 (e);
(12) Whether the crematory
maintains a refrigerated holding facility in accordance with Frl 801.11 (j);
(13) Whether the public access
is separated from the holding or refrigerated area pursuant to Frl 801.11 (k);
(14) Whether the cremation chambers and retorts are maintained
according to the manufacturers’ specification pursuant
to Frl 801.11 (f);
(15) Whether the cremation
chambers and retorts are operational pursuant to Frl
801.11 (g);
(16) Whether the crematory
maintains a maintenance service log for each retort;
(17) Whether the crematory
floors are constructed of concrete and not covered with flammable material
pursuant to Frl 801.11 (h) (1);
(18) Whether the crematory
walls and ceilings are constructed of fireproof or fire
retardant materials pursuant to Frl 801.11 (h)
(2);
(19) Whether the crematory
maintains a book of records in accordance with Frl
801.12 (f);
(20) Whether the crematory
maintains copies of the medical examiner’s certificate of cremation and copies
of the burial transit permit for each cremation of human remains pursuant to Frl 801.12 (g);
(21) Whether the crematory
provides a receipt for the delivery of human remains in accordance with Frl 801.13 (d) and (e);
(22) Whether the crematory
maintains a record of written consent to cremate in accordance with RSA 325-A:22;
(23) The date of inspection and
signature of inspector; and
(24) The date and signature of
the crematory representative, which shall represent the crematory
representative’s acknowledgement that he or she was present during the
inspection.
(g) If a crematory meets the requirements as set
forth in RSA 325-A and Frl 800, the board shall
notify the crematory of the successful inspection in writing.
(h) Upon failure of the crematory to meet all the
requirements as set forth in RSA 325-A and Frl 800,
the board shall issue the crematory a written report of the deficiencies.
(i) The board shall reinspect a crematory that
failed a previous inspection at the written request of the crematory owner.
(j) If an inspection, as described in (a)
(2)-(3) above, finds violations of RSA 325-A or Frl
800, the owner shall submit a corrective action plan in accordance with Frl 801.09 (b).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss by #13252, eff 8-13-21
Frl
801.06 License Renewal.
(a) The crematory authority shall file a written
application to renew a license under this chapter every 5
years, as set forth in RSA 325-A:5.
(b) The crematory authority shall submit a
completed application form entitled “Application for Renewal of Crematory
License” revised 7/2021, including the following:
(1) The name of the applicant;
(2) The mailing address of the applicant;
(3) The applicant’s telephone number;
(4) Social security number
pursuant to RSA 161-B:11, VI-a;
(5) The applicant’s email address;
(6) The name of the crematory;
(7) The location of the
crematory, including street number and name, town or city, state, zip code,
county, and the name of cemetery or funeral home, if applicable;
(8) The name and address of
each crematory owner;
(9) An indication of whether
the crematory is owned by an individual, association, partnership, or other
ownership type, and, if other, an explanation of the type of ownership;
(10) The name of each certified
crematory operator(s) pursuant to RSA 325-A:4; and
(11) The signature of:
a. The owner, if a private crematory;
b. Two officers, if a
corporation; or
c. At least one authorized
individual, if any other entity; and
(12) The applicant(s) shall
submit a fee of $500 with each application.
(c) The crematory authority shall submit an
unexpired certified crematory operator certificate for each operator and a
certificate shall be considered expired if:
(1) It is past its expiration
date listed on the certificate; or
(2) It is over 5 years from the
date of its issue.
(d) Every applicant and crematory operator shall
submit to the board a notarized criminal history record release form and the
associated fee, as provided by the New Hampshire division of state police,
which authorizes the release of his or her criminal history record, if any, to
the board.
(e) The applicant shall mail or
hand-deliver the documents to:
Board of Registration of Funeral Directors and Embalmers
Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
(f) Reinstatement and relicensure
shall be in accordance with RSA 325-A:14.
(g) Prior to reinstatement of a lapsed license,
the crematory authority shall pay the renewal fee and an additional $100 per
month from the date the license lapsed.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss by #13252, eff 8-13-21
Frl 801.07 Fees.
(a) The fee for a duplicate crematory authority
license shall be $25.
(b) The fee for verification of a crematory
authority license shall be $50.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.08 Complaints
and Investigations.
(a) Complaints alleging misconduct by licensees in violation of RSA 325-A or Frl
800 shall be in writing and filed at the board’s offices in
(b) A complaint shall contain the following
information:
(1) The
name, address, home and work telephone number of the complainant;
(2) The
name and business address of the crematory against whom the complaint is directed;
(3) A
description of the specific facts and circumstances which are believed to
constitute professional misconduct; and
(4) The
signature and date required by Frl 205.02 (a).
(c) The board shall dismiss a complaint if:
(1)
Taking the facts stated in the complaint are true, the complaint does
not state a violation of RSA 325-A or Frl 800;
(2) The
complaint fails to state sufficient information such that the board can
identify the crematory against which the complaint is filed; or
(3)
After investigation, the board determines that the complaint is
unfounded.
(d) If the investigation finds violations of RSA
325-A or Frl 800, the owner shall be required to
submit a corrective action plan in accordance with Frl
801.09 (b).
(e) If
the investigation finds violations of RSA 325-A or Frl
800, the crematory owner shall be subject to the relevant administrative
fines, as listed in Frl 801.09 (d) (2).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.09 Administrative Remedies.
(a) The board shall impose administrative
remedies upon an owner for violations of RSA 325-A or Frl
800 as set forth in this section.
(b) A corrective action plan developed and
enforced in the following manner:
(1) The board shall provide the owner with a written notice that identifies each violation;
(2)
Upon receipt of a notice the owner shall submit a written corrective
action plan, specifying:
a. How
the owner intends to correct each violation;
b. What
measures will be put in place, or what system changes will be made to ensure
that the violation does not recur; and
c. The
date by which each violation shall be corrected;
(3) The
owner shall submit a written corrective action plan to the board within 21 days
of the date on the letter that transmitted the written notice;
(4) The
board shall review each corrective action plan and
reject any plan that fails to:
a.
Achieve compliance with RSA 325-A and Frl 800;
b.
Address all violations as cited in the inspection report;
c.
Prevent a new violation of RSA 325-A and Frl
800 as a result of this implementation; or
d.
Specify the date upon which the deficiencies will be corrected;
(5) If the corrective action plan complies with
(4) above, the board shall notify the owner in writing to implement the plan;
(6) If the corrective action plan does not comply
with (4) above:
a.
The board shall notify the owner in writing of the reason(s) for rejecting the corrective action plan; and
b.
The owner shall be subject to a directed corrective action plan in
accordance with Frl 801.09 (c) and a fine in
accordance with Frl 801.09 (d) (2);
(7) The
board shall verify the implementation of any accepted corrective
action plan by:
a.
Reviewing the corrective action plan submitted by the owner; and
b.
Conducting a follow-up inspection; and
(8) The
verification of implementation as described in (7) above shall only occur after
the date of completion specified by the owner’s plan;
(c) A directed corrective action plan imposed and
administered in the following manner:
(1) The
board shall develop a written plan that specifies the necessary actions the
owner shall take to correct identified violations;
(2) The
board shall notify the owner in writing to implement the plan; and
(3) The board shall verify the implementation
of the directed corrective action plan by conducting a follow-up inspection;
and
(d) A fine imposed and administered in the
following manner:
(1) The board shall provide the owner with a written notice
which:
a.
Identifies each violation;
b.
Specifies the amount of the proposed fine;
c.
Informs the owner of the right to a hearing in accordance with RSA 541-A and Frl 200 prior to imposition of
the fine; and
d.
Explains the automatic reduction of a fine by 50% if the fine is paid
within 10 days of the date on the written notice from the board, the owner
corrects the violations, and waives the right to a hearing;
(2) The
board shall impose fines in the specified amounts for
the following deficiencies:
a. For
failure to allow access to the crematory premises or to records maintained by
the crematory after the board has obtained an administrative warrant, in
violation of Frl 801.05 (d) and Frl
801.12 (h) respectively, the fine shall be $1000;
b. For
falsification of information contained on the
application, in violation of Frl 801.11 (a), the fine
shall be $1000;
c. For
falsification of any required documents, in violation of Frl
801.11 (a), the fine shall be $2000;
d. For
advertising services or otherwise representing that services are provided when
they are not, in violation of Frl 801.12 (i), the fine shall be $500;
e. For
failure to submit a corrective action plan within 21 days of the date on the
letter that transmits the inspection report, in violation of Frl 801.09 (b) (3), the fine shall be $100;
f.
Until an owner provides documentary evidence of compliance, each day
beyond 21 days that an owner fails to submit a corrective action plan, as
specified in Frl 801.09 (d) (2) e., shall be
considered a separate deficiency subject to an additional $100 fine to a
maximum fine of $ 2000;
g. For
failure to implement any corrective action plan that has been accepted or
issued by the board, in violation of Frl 801.09 (b)
(5) and Frl 801.09 (c) (2) respectively, the fine
shall be $100.
h. For
using the cremation chamber and retort for any purpose other than the cremation
of human remains, human pathological waste or human anatomical waste, in
violation of Frl 801.12 (c), the fine shall be $1000;
i. For
cremating more than one human remains, at one time in violation of Frl 801.12 (d), the fine shall be $20,000;
j. For
cremating or causing the cremation of human remains without obtaining a burial
permit or medical examiner certificate, in violation of RSA 325-A:18 and Frl 801.14 (a), the fine shall be $2000.
k. For
cremating human remains within 48 hours of death, in violation of RSA 325-A:18
and Frl 801.12 (e), the fine shall be $2000;
l. For
removing personal effects from human remains without the express written
consent of the authorizing agent, in violation of Frl
801.14 (d), the fine shall be $1000;
m. For
failing to cease operation after receiving an order from the board, in
violation of 801.10 (c), the fine shall be $200, and each additional day that
an owner fails to cease operation shall be considered a separate deficiency
subject to an additional $200 fine to a maximum fine of $20,000;
n. When
an inspection or investigation determines that a repeat violation of RSA 325-A
or Frl 800 has occurred within 2 years of the date of
the original violation, the fine shall be $2000;
o. For failure to establish, implement or
comply with the crematory policies and procedures, in violation of Frl 801.11 (b), the fine shall be $2000; and
p. If a
crematory authority seeks to reinstate a suspended license but does not file a
written request with 10 days, the fine shall be $100.
(3)
Payment of any imposed fine to the board shall
meet the following requirements:
a.
Payment shall be made within 30 days of receipt of notice;
b.
Payment shall be made in the form of check or money order for the exact
amount due; and
c.
Payment in a form other than cash shall be made payable to the
“Treasurer - State of
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.10 Enforcement
Action.
(a) The board shall order a crematory to suspend
operation when an inspection or investigation has found that:
(1) The
crematory failed to correct violations as required by an approved corrective
action plan or directed corrective action plan;
(2) The
crematory is cited for a violation against a decedent; or
(3) The
crematory is cited for a repeat violation of RSA 325-A or Frl
800 within 2 years of the original violation.
(b) If a crematory is ordered to suspend
operation, the crematory may continue operating until an administrative hearing
is held and a final decision has been issued.
(c) The board shall order the temporary closure,
temporary suspension or temporary limitation of a crematory when:
(1)
Continued operation of the crematory poses a threat to public health; or
(2) The
crematory is cited for repeated violations against decedents within 1 year.
(d) If a crematory is ordered to immediately
cease operation and close, the board shall hold an administrative hearing
within 10 working days of the date the order was issued.
(e) Other than immediate license
suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary
sanctions only:
(1) After prior notice and an
opportunity to be heard; or
(2) Pursuant to a mutually
agreed upon settlement or consent decree.
(f) When the board receives notice that a
licensee has been subjected to disciplinary action related to professional
conduct by the licensing authority of another jurisdiction, the board shall
issue an order providing the opportunity for a hearing and directing the
licensee to demonstrate why reciprocal discipline should not be imposed in
(g) After finding that misconduct has occurred,
the board shall impose any disciplinary sanction authorized by RSA 325-A:12,
after considering the factors:
(1) The seriousness of the offense;
(2) The licensee's prior
disciplinary record;
(3) The licensee's state of
mind at the time of the offense;
(4) The licensee's
acknowledgment of his or her wrongdoing;
(5) The licensee's willingness
to cooperate with the board's investigation;
(6) The purpose of the rule or
statute violated;
(7) The potential harm to
public health and safety;
(8) The deterrent effect upon
other practitioners; and
(9) The nature and extent of
the enforcement activities required of the board as a result
of the offense.
(h) Copies of board orders imposing
disciplinary sanctions, including all settlement agreements or consent decrees,
shall be sent to the licensing body of each state in which the licensee is
licensed and to such other entities, organizations, associations, or boards as
are required to be notified under applicable state or federal law. The board administrator shall also issue a
press release to news organizations providing a summary of any
and all disciplinary actions taken.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.11 Requirements
of Crematories.
(a) Crematories shall not provide false
statements or falsify any documentation required by RSA 325-A and Frl 800.
(b) Crematories shall establish written policies
and procedures for:
(1) The
cremation of anatomical and pathological medical waste;
(2) The
methods employed to track the chain of custody of the human remains;
(3) The
methods employed to insure the integrity and identity
of individual cremated remains; and
(4) The
use of universal precautions in handling remains and pre-crematory waste.
(c) Crematories shall conform to
(d) Crematories shall
comply with
(e) Crematories approved prior to November 5,
2005, shall have a holding facility large enough to accommodate the human
remains awaiting cremation on the premises.
(f) Cremation chambers and retorts shall be
maintained in accordance with the manufacturers’ specifications, which shall be
kept at the crematory and available for review during inspections.
(g) Cremation chambers and retorts shall be
capable of reducing human remains to ashes.
(h) Crematories approved after November 5, 2005,
shall have:
(1)
Floors constructed of concrete and free of flammable material; and
(2)
Walls and ceilings constructed of fireproof or fire retardant materials.
(i) Crematories
approved after November 5, 2005, shall have a holding facility that shall be:
(1) Marked
“Private” or “Authorized Entry Only”;
(2) Locked
when not actively attended by the authorized crematory
operator; and
(3) Capable
of holding 6 human remains.
(j) Crematories approved after November 5, 2005,
shall have a refrigerated holding facility that shall be:
(1) Marked
“Private” or “Authorized Entry Only”;
(2) Locked
when not actively attended by the authorized crematory operator;
(3) Maintained
at a temperature between 35 and 45 degrees Fahrenheit; and
(4) Capable
of holding 2 human remains.
(k) Any area accessible to the public shall be
separated from the holding/refrigerated area.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.12 Duties
of Crematories.
(a) Crematories shall conform to the requirements
set forth in Frl 800.
(b) Crematories shall comply with the policies
and procedures described in Frl 801.11 (b).
(c) Cremation chambers and retorts shall only be
used for the cremation of:
(1)
Human remains;
(2)
Human anatomical waste; or
(3)
Human pathological waste.
(d) Unless a request is made by an authorized
individual to cremate more than one human remains at a time, such as that of a
mother and child together, the crematory shall not cremate more than one human
remains per cremation chamber at a time.
(e) Crematories shall not cremate human remains
within 48 hours of death, pursuant to RSA 325-A:18, unless a contagious or infectious disease
caused death.
(f) Crematories shall maintain an accurate
crematory book of records, pursuant to RSA 325-A:22, containing the following:
(1) The
name, age and gender of the decedent;
(2) The
last residential address of the decedent;
(3) The
date and place of death of the decedent;
(4) The
date human remains were received at the crematory;
(5) The
authorizing agent(s) name(s) and relationship(s) to the decedent;
(6) The
name of the medical examiner or deputy medical examiner issuing the certificate
required for cremation in accordance with RSA 325-A:18;
(7) The
signatures of the licensed funeral director, next-of-kin, or designated agent;
(8) The
signature of the person supervising the cremation;
(9) The
disposition of the cremated remains; and
(10)
The written consent to cremate in accordance with RSA 325-A:22.
(g) For each cremation of human remains,
crematories shall keep:
(1) A
copy of the medical examiner’s certificate of cremation; and
(2) A
copy of the burial transit permit, annotated with the date it was filed with
the town.
(h) Crematories shall provide board members or
its authorized designee access to records in (f) and (g) above upon request.
(i) Crematories shall
not advertise or otherwise represent themselves as performing services that
they do not provide.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.13 Reception
of the Human Remains. Reception of
the human remains by a crematory for incineration or cremation shall be subject
to the following:
(a) A crematory shall not accept a body for
cremation unless it is delivered by:
(1) A
funeral director;
(2) The
next-of-kin; or
(3) A
designated agent;
(b) A crematory shall not receive a body if the
crematory knows that the person died from a communicable disease unless:
(1) The
human remains are embalmed or received in 2 leak proof pouches; and
(2) The
cause of death is clearly marked on the outside of the leak proof pouches;
(c) All unembalmed
human remains shall be placed in a single leak proof pouch and treated as
necessary to prevent odor and leakage of body fluids, and placed in a suitable
solid container;
(d) A crematory shall deliver a receipt to the
funeral director, next-of-kin or designated agent who delivers such human
remains to the crematory pursuant to RSA 325-A:19 I;
(e) The crematory shall keep a copy of the
receipt in (d) above, which shall include:
(1) The
name of the decedent whose human remains were received;
(2) The
date on which the human remains were received;
(3) The
place where the human remains were received;
(4) The
name and address of the funeral director, next-of-kin, or designated agent from
whom the human remains were received;
(5) The
name and address of the funeral home, if applicable;
(6) The
name of the person in charge of the delivery; and
(7) The
type of suitable solid container in which the human remains were received;
(f) The crematory shall receive the authorizing
agent’s written consent, as required by Frl 801.14
(a); and
(g) If the crematory is unable to cremate human
remains, whether it be due to the 48 hour waiting
period required by RSA 325-A:18 or for some other reason, the crematory shall:
(1)
Immediately place the human remains in the holding facility required by Frl 801.11 (i); or
(2) If
the human remains have not been embalmed and it has been 72 hours since death
occurred, store the unembalmed remains in the
refrigerated holding facility required by Frl 801.11
(j).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.14 Cremation
of Human Remains.
(a) Crematories shall not cremate human remains
without receipt of the following documents pursuant to RSA 325-A:18:
(1) The
burial permit; and
(2) The
certificate from the medical examiner.
(b) A crematory authority shall not accept human
remains unless those remains are in a suitable solid container.
(c) Human remains shall be cremated in the
suitable solid container in which received.
(d) Personal effects shall not be removed from
the deceased without express consent from the authorizing agent(s), which shall
be documented by the crematory.
(e) A crematory shall not place any additional
material in a casket or suitable solid container prior to cremation unless
authorized by the authorizing agent(s).
(f) A crematory shall not place medical waste,
including, but not limited to, items such as hypodermic needles, syringes,
scalpel blades, soiled dressings, sponges, drainage sets, underpads
or surgical gloves in the casket or suitable solid container prior to
cremation.
(g) Cremated remains from each cremation shall be
removed from each chamber before any subsequent cremation is begun.
(h) The authorizing agent(s) or his or her
designee may be present at any stage of the cremation of such human remains.
(i) In so far as
practicable, all residual of the cremation process shall be removed from the
cremation retort and shall not be commingled with any other cremated remains
unless consent has been given by the authorizing agent(s).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.15 Disposition
of Cremated Remains.
(a) Cremated remains shall be placed in a
cremation container or urn, as defined in RSA 325-A:1, XVII and Frl 801.02, (r).
(b) Identification of cremated remains shall be
noted on the container or urn with a label.
(c) The crematory shall:
(1)
Give the cremated remains, in a cremated remains container or urn, to
the funeral director, next-of-kin, designated agent, or to the authorizing
agent in charge of final disposition; or
(2) Otherwise dispose of the
cremated remains as authorized by the funeral director, next-of-kin, designated
agent, or the authorizing agent.
(d) In the event the capacity of the urn or other
cremated remains container is insufficient to accommodate all of the cremated
remains, the crematory shall place the excess cremated remains in another
cremated remains container and give both containers to the funeral director,
next-of-kin, designated agent, or to the authorizing agent in charge of final
disposition.
(e) Crematories shall dispose of all body
prosthesis or similar items, such as bridgework, not consumed by cremation.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
CHAPTER Frl 900 RESOMATION
FACILITY REGULATIONS
PART Frl 901 RESOMATION FACILITY REGULATIONS
Frl 901.01 - 901.28
Source. #9025, EMERGENCY RULE, eff 11-9-07, EXPIRED:
5-7-08
APPENDIX I
|
Rule |
Specific
State Statute the Rule Implements |
|
Frl 101 |
RSA 325:9, VII |
|
Frl 102 |
RSA 541-A:16,
I(a) |
|
Frl 103.01 (a),(b) |
RSA 325:9, IV |
|
Frl 103.01(c) |
RSA 325:16, RSA
325:17 |
|
Frl 103.01(d),(e) |
RSA 325:9, II,
IV; RSA 325:8-a |
|
Frl 103.02 |
RSA 325:2, II |
|
Frl 103.03 |
RSA 310:4,
II(e) |
|
Frl 103.04 |
RSA 541-A:16, I(a) |
|
Frl 104 |
RSA 310:4,
II(a), (e) |
|
Frl
104.01 |
RSA
91-A:3, III; RSA 91-A:4; RSA 325:9, VII; RSA 541-A:7 |
|
|
|
|
Frl 201.01 |
RSA 541-A:16, I
(b) intro. |
|
Frl 201.02 |
RSA 541-A:16, I
(b)-(d) |
|
|
|
|
Frl 301.01 -
301.07 |
RSA 325:29, RSA
325:31, RSA 325:9, II(b) |
|
Frl 301.05 |
RSA 310:8, II |
|
Frl 301.09 |
RSA 325:29 |
|
Frl 302.01 |
RSA 325:9. IV;
RSA 310:4, II(c) |
|
Frl 302.02 |
RSA 325:13 |
|
Frl 302.03 |
RSA 325:13, VI |
|
Frl 302.04 |
RSA 325:18; RSA
325:13, VI; RSA 310:5, I |
|
Frl 303.01 -
303.02 |
RSA 325:14, RSA
325:18 |
|
Frl 303.03 |
RSA 325:14, RSA
325:18, RSA 310:5, I |
|
Frl 304 |
RSA 325:9, IX-a |
|
Frl 307.01 |
RSA
310:5; RSA 310:6, I |
|
Frl 308 |
RSA 325:9, VII;
RSA 325:31-a |
|
|
|
|
Frl
403.01 |
RSA
325:9, IV |
|
Frl
403.02 |
RSA
325:9, IV |
|
Frl
403.03 |
RSA
325:9, IV, RSA 325:23, RSA 325:28-a |
|
Frl
403.04 |
RSA 325:9, IV |
|
Frl
403.05 |
RSA
325:9, IV |
|
Frl
403.06 |
RSA
325:9, IV |
|
Frl
403.07 |
RSA
325:9, IV |
|
Frl
403.08 |
RSA
325:32, II |
|
Frl
403.09 |
RSA
325:9, IV |
|
Frl
403.10 |
RSA
325:9, IV |
|
|
|
|
Frl
404.01 |
RSA
325:9 |
|
Frl
404.02 |
RSA 325:9 |
|
Frl
404.03 |
RSA 325:9 |
|
|
|
|
Frl
500 |
RSA 325:9, VI |
|
|
|
|
Frl 601.01 |
RSA 325:16 |
|
Frl 602.01 |
RSA
325:17 |
|
Frl 602.02 |
RSA
325:21 |
|
Frl 602.03 |
RSA
325:17 |
|
Frl 602.04 |
RSA
325:17 |
|
Frl 602.05 |
RSA
325:17 |
|
Frl 602.06 |
28
CFR Part 35 |
|
Frl 602.07 |
RSA
325:17 |
|
Frl 602.08 |
RSA
325:17 |
|
Frl 602.09 |
RSA
325:17 |
|
Frl 602.10 |
RSA
325:17 |
|
Frl 602.11 |
16
CFR Part 453 |
|
Frl 602.12 |
RSA
325:17 |
|
Frl 602.13 |
RSA
325:17 |
|
Frl 603.01 |
RSA 325:17 |
|
Frl 603.02 |
RSA
325:17 |
|
Frl 603.03 |
RSA
325:17 |
|
Frl 603.04 |
RSA
325:17 |
|
|
|
|
Frl
701 |
RSA 325:1, VII (c); RSA 325:9, VII; RSA
325:16; |
|
Frl
701.02 – Frl 701.03 |
RSA
325:16, RSA 325:17 |
|
|
|
|
Frl 801.01 |
RSA 325-A:28 |
|
Frl 801.02 |
RSA
325-A:1 |
|
Frl 801.03 |
RSA 325-A:4, RSA 325-A:28, I |
|
Frl 801.04 |
RSA
325-A:4, RSA 325-A:28 I |
|
Frl 801.05 |
RSA 325-A:8, RSA 325-A:28, VI |
|
Frl 801.06 |
RSA 325-A:4, RSA 325-A:28, I |
|
Frl 801.07 |
RSA
325-A:7, RSA 325-A:28 II |
|
Frl 801.08 |
RSA
325-A:9 |
|
Frl 801.09 |
RSA
325-A:12, RSA 325-A:28 |
|
Frl 801.10 |
RSA
325-A:10 |
|
Frl 801.11 |
RSA
325-A:21 |
|
Frl 801.12 |
RSA
325-A:8, RSA 325-A:22 |
|
Frl 801.13 |
RSA
325-A:19, RSA 325-A:20 |
|
Frl 801.14 |
RSA
325-A:18, RSA 325-A:21 |
|
Frl 801.15 |
RSA
325-A:26 |
|
|
|
APPENDIX
|
Rule |
Title |
Obtain at |
|
Frl 501.01 |
“Code of
Professional Conduct”, as amended |
National Funeral
Directors Association Free online at:
http://www.nfda.org/Portals/0/NFDAORG/About/codeconduct_2012.pdf |