State Board of Registration of Funeral Directors and Embalmers

Health & Welfare Building

Hazen Drive

Tel. #(603) 271-4648

 

CHAPTER Frl 100  PURPOSE, DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

 

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

 

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 and/or funeral directing in handling human remains.

 

          (b)  “Applicant” means a person who has an application for a license pending before the board.

 

          (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 and/or funeral service education or embalming and/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)  “Disciplinary proceeding” means an adjudicative hearing commenced by the board for the purpose of examining possible misconduct by a licensee, or the qualifications of an applicant for a license.

 

          (f) “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.

 

          (g)  Executive director” means the executive director of the office of professional licensure and certification.

 

          (h)  “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.

 

          (i)  “Intervenor” means a person who has filed a motion to intervene because of a substantial interest in the proceedings pursuant to Frl 206.04.

 

          (j)  “Investigate” means to make inquiry into facts or misconduct allegations, issues or results.

 

          (k)  “Lapsed license” means a license which was not renewed before the expiration date.

 

          (l)  “License” means the legal authority required by RSA 325 to practice as an apprentice embalmer, embalmer and funeral director.

 

          (m)  “Licensee” means a person who has been issued a current license pursuant to RSA 325.

 

          (n)  “Principal occupation” means an occupation which a person engages in as a primary means of employment.

 

          (o)  “Rulemaking” means the statutory procedures for the formulation of a rule as set forth in RSA 541-A:3.

 

          (p)  “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.

 

          (q)  “Stay of suspension” means the arresting of a suspension order to allow the licensee to practice embalming and/or funeral directing related activities under specific conditions.

 

          (r)  “Suspension” means the withholding of the authority to practice embalming and/or funeral directing related activities for a specified period of time following disciplinary action.

 

          (s)  “Verification” means the confirmation of a license by the body legally authorized to grant such authority.

 

          (t)  “Unlicensed personnel” means individuals other than licensed funeral directors, embalmers or apprentices who are employed by licensees of the board for the removal and transportation of human remains.

 

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

 

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) Basic embalming and funeral directing education leading to embalmer and funeral director licensure and continued competence involving active in practice and continuing education;

 

          (b)  Educational programs pertinent to continued competence, embalmers, funeral directors and the funeral service profession.

 

          (c)  Funeral service practice standards;

 

          (d)  Licensing of apprentice embalmers, embalmers, funeral directors, funeral homes and chapels;

 

          (e)  Education, practice, licensing and discipline of apprentice embalmers, embalmers and funeral directors regulated under RSA 325; and

 

          (f)  Investigation, adjudication and discipline relative to complaints of misconduct or improper actions by those persons regulated under RSA 325.

 

Source.  #6927, eff 1-1-99

 

          Frl 103.02  Composition of the Board.  The board consists of 5 members who meet the eligibility requirements of RSA 325:2.

 

Source.  #6927, eff 1-1-99

 

          Frl 103.03  Staff.  The board and the commissioner of the department of health and human services shall designate an executive director and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's daily operations.  The executive director shall be responsible for maintaining all records of the board’s activities and for receiving correspondence, filings and other communications and documents.

 

Source.  #6927, eff 1-1-99

 

          Frl 103.04  Office Hours, Office Location, Mailing Address and Telephone.

 

          (a)  The board’s office shall be located in the Philbrook Building, 121 South Fruit Street, Concord, New Hampshire 03301, and shall be open to the public by appointment.

 

          (b)  Correspondence, filings and other communications intended for the board shall be addressed to the board's executive director.

 

          (c)  The board’s telephone number is (603) 271-4648.

 

Source.  #6927, eff 1-1-99

 

          Frl 103.05  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

 

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 board.  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

 

          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

 

          Frl 104.03  Copies of Records.  Persons desiring copies of board records shall submit a request in writing which identifies as particularly as possible the information being sought and agrees to pay the cost of copying, $.10 per page.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

 

Source.  #6927, eff 1-1-99

 

PART Frl 105  APPOINTMENT OF COMMITTEES

 

          Frl 105.01  Committees.

 

          (a)  The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more of board members when such delegations are necessary to achieve separation of functions objectives or to perform the board’s work more efficiently.

 

          (b)  Committees shall have authority to undertake investigations and make recommendations to the board, but shall not take final action on behalf of the board.

 

          (c)  Committees shall not have authority to retain paid advisors or consultants or to use the voluntary services of nonboard members unless expressly authorized to do so by the board.

 

Source.  #6927, eff 1-1-99

 


CHAPTER Frl 200  PRACTICE AND PROCEDURE

 

Statutory Authority: RSA 325:9, VIII

 

PART Frl 201  PURPOSE AND SCOPE

 

          Frl 201.01  Purpose. The board conducts proceedings for the purpose of acquiring sufficient information to make fair and reasonable decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees.  The goal of these proceedings is to secure a just, efficient and accurate resolution.

 

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.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11

 

          Frl 201.02  Scope.  The rules of this chapter shall apply to all administrative proceedings conducted by the board and shall be in addition to applicable requirement of RSA 541-A.

 

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.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 201.01)

 

PART Frl 202  DEFINITIONS

 

          Frl 202.01  Definitions.  Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

 

          (a)  "Adjudicative proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by the board, but does not include nonadjudicative investigations or rulemaking;

 

          (b)  "Complaint" means a written allegation of professional misconduct against a licensee of the board;

 

          (c) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts;

 

          (d)  "File" means to place a document in the actual possession of the board;

 

          (e)  "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods which are appropriate to the nature and scope of the issues being decided by the board;

 

          (f)  “Hearing counsel” means an individual appointed by the board under Frl 211.03 or Frl 211.03 to prosecute or investigate misconduct allegations in the public interest;

 

          (g)  "Investigation" means a formal or informal search by the board for data concerning matters within its jurisdiction, the result of which is other than a final determination of a person's rights, duties or privileges;

 

          (h) "Motion" means any request by a party to an existing proceeding for an order or relief relating to that proceeding;

 

          (i)  "Order" means a document issued by the board:

 

(1)  Establishing procedures to be followed in an adjudicative or nonadjudicative proceeding;

 

(2)  Granting or denying a petition or motion;

 

(3)  Requiring a person to do, or to abstain from doing, something; or

 

(4)  Determining a person's rights to a license or other privilege established by RSA 325 or the rules of this chapter;

 

          (j)  "Petition" means an initial request to the board seeking action or relief, but does not include a license application, a complaint against a licensee, or a motion;

 

          (k)  "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over some or all aspects of an adjudicative or other proceeding;

 

          (l)  “Proposed decision” means an initial or recommended decision made by a presiding officer pursuant to Frl 208.04 which is subject to review by the entire board; and

 

          (m)  "Rulemaking" means the procedures for formulating agency rules set forth in RSA 541-A:3.

 

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.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 201.02)

 

          Frl 202.02  Failure to Comply with Rules.

 

          (a)  Failure to comply with the rules of this chapter shall result in:

 

(1)  Refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition or motion; or

 

(2) Accepting or admitting, or denying or not admitting, a noncompliant application, petition, motion, or exhibit on the condition that conformity with specific procedural requirements be achieved by a specified date.

 

          (b)  When a noncompliant pleading or other tendered information is not accepted or admitted by the board, or when conditions for the acceptance or admission of noncompliant information are not met, the board shall make a decision on the pending matter without considering the noncompliant information, unless the board notifies the parties that it has waived the rule in accordance with Frl 202.03.

 

Source.  #9949-A, eff 6-24-11 (from Frl 201.03)

 

          Frl 202.03  Waiver or Suspension of Procedural Rules Or Orders.  The board, upon its own initiative or upon the motion of any interested person, shall suspend or waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension would be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues properly pending before the board than would adherence to a particular procedural rule or requirement.

 

Source.  #9949-A, eff 6-24-11 (from Frl 201.04)

 

PART Frl 203  APPEARANCES BEFORE THE BOARD

 

          Frl 203.01  Representatives.

 

          (a)  Persons appearing before the board shall represent themselves or be represented by an individual who:

 

(1)  Is an attorney holding a current and active New Hampshire license and has filed a written appearance with the board containing his or her business address and telephone number; or

 

(2)  Is not a New Hampshire licensed attorney, but has filed a motion for leave to appear as a representative.

 

          (b)  Motions for leave to appear before the board shall:

 

(1)  Briefly describe the proposed representative's professional and character qualifications;

 

(2)  Provide the proposed representative's daytime address and telephone number; and

 

(3)  Be signed by both the proposed representative and the party who would be represented.

 

          (c)  Corporations, partnerships and other legal entities which are not natural persons shall be represented only by:

 

(1)  An attorney licensed in New Hampshire; or

 

(2)  An officer, director, or managing partner with express and unqualified written authority to act on behalf of the entity concerning the matter in question; or

 

(3)  A competent individual who is not a New Hampshire licensed attorney, but has filed a motion for leave to appear as a representative which has been granted by the board.

 

          (d)  Nothing in this section shall be construed to permit the unauthorized practice of law.

 

          (e)  The board shall, after notice and opportunity for hearing, prohibit an individual from acting as a representative upon a finding that the individual has engaged in willful misconduct relating to representation before the board which would be sanctioned by a court if committed by an attorney appearing before the court.

 

          (f)  Any prohibition or restrictions issued under (e), above, shall apply to the board's proceedings, either pending or in the future, or any combination thereof, as warranted by the circumstances of the case.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 202.01)

 

PART Frl 204  TIME PERIODS

 

          Frl 204.01  Computation of Time.

 

          (a)  Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or state legal holiday.

 

          (b)  When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 203.01)

 

          Frl 204.02  Change in Allowed Times.

 

          (a)  Except where a time period is fixed by statute, the board shall, upon motion or upon its own initiative, enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity, for the purposes of efficiency and due process. 

 

          (b)  A motion for a change of time shall be granted upon concurrence of all parties.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 203.02)

 

          Frl 204.03  Limitations.  A motion to change time shall not be filed within 3 business days of the event in question.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 203.03)

 

PART Frl 205  FILING AND SERVICE OF DOCUMENTS

 

          Frl 205.01  Filing Documents with the Board.

 

          (a)  A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter.  A document tendered for filing which is patently and facially in violation of the board's rules shall not be accepted for filing.

 

          (b)  All correspondence, filings or communications intended for the board shall be addressed to the board's office in care of its administrative assistant.

 

          (c)  All petitions, motions, exhibits, memoranda or other documents filed in connection with a request for board action shall be filed with an original and 5 copies unless the board directs that a lesser number of copies be furnished.

 

          (d)  Only a single copy shall be filed of:

 

(1)  Transmittal letters, requests for public information, or other routine correspondence not directed at formal board action;

 

(2)  License applications; and

 

(3)  Complaints against licensees.

 

          (e)  Failure to furnish the required number of copies shall result in a tendered document being returned as unacceptable for filing.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 204.01)

 

          Frl 205.02  Subscription and Veracity of Documents.

 

          (a)  All complaints, petitions, motions, and replies filed with the board shall be signed and dated by the proponent of the document or, if the party appears by a representative, by the representative.

 

          (b)  The signature on a document filed with the board shall be certification that:

 

(1)  The signer has read the document;

 

(2)  The signer is authorized to file it;

 

(3)  To the best of the signer's knowledge, information, and belief, there are good grounds to support it; and

 

(4)  The document has not been filed for purposes of delay or harassment.

 

          (c)  A willful violation of the representations in (b), above, shall to the extent consistent with justice and the statutes administered by the board, be grounds for entering an order adverse to the party committing the violation.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 204.02)

 

          Frl 205.03  Service of Documents.

 

          (a)  Complaints against licensees shall be filed with the board without service upon the licensee against whom the allegations are made.

 

          (b)  All objections, motions, replies, memoranda, exhibits, or other documents filed in connection with a request for board action shall be served by the proponent upon all interested parties by:

 

(1)  Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board;

 

(2)  Delivering a copy of the document in hand on or before the date it is filed with the board; or

 

(3)  In addition to one of the above, when appropriate for efficiency of the process, the board shall order that service be rendered electronically, by facsimile or other expedited means.

 

          (c)  Notices, orders, decisions or other documents issued by the board in connection with requests for board action shall be served by the board upon all interested parties by either:

 

(1)  Depositing a copy of the document, first class postage prepaid, in the United States mail, addressed to the last address given to the board by the party being served; or

 

(2)  Delivering a copy of the document in hand to the party.

 

          (d)  When a party has appeared by a representative, service shall be upon the representative.  Provided, however, that the board shall order additional service upon a finding that such service would facilitate the fair and efficient conduct of the proceeding.

 

          (e)  Except for exhibits distributed at a prehearing conference or hearing, every document filed with the board, and required to be served upon the parties to an adjudicative proceeding, shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 204.03)

 

PART Frl 206  PLEADINGS, COMPLAINTS AND MOTIONS

 

          Frl 206.01  Pleadings.

 

          (a)  The only pleadings permitted shall be petitions and replies to petitions. Complaints against licensees and applications for licenses shall not be considered pleadings.

 

          (b)  Petitions shall contain:

 

(1)  The name and address of the petitioner;

 

(2)  The name and address of the petitioner's representative, if any;

 

(3)  A concise statement of the facts which warrant the relief requested from the board;

 

(4)  The description of the action which the petitioner wishes the board to take;

 

(5)  A citation to any statutes, rules, orders, or other authority which entitles the petitioner to the relief requested; and

 

(6) The signature and date required by Frl 205.02(a).

 

          (c)  Replies to petitions shall contain:

 

(1)  The name and address of the respondent;

 

(2)  The name and address of the representative of the respondent, if any;

 

(3) A statement admitting or denying each fact alleged in the petition pursuant to Frl 206.01(b)(3);

 

(4)  A statement admitting or denying the authority identified by the petitioner pursuant to Frl 206.01 (b)(5);

 

(5)  A concise statement of any additional or different facts which warrant the board acting in the manner requested by the respondent;

 

(6)  A citation to any statutes, rules, orders or other authority, not identified in the petition, having a bearing upon the subject matter of the petition;

 

(7)  The action which the respondent wishes the board to take; and

 

(8)  The signature and date required by Frl 205.02(a).

 

          (d)  Replies shall be filed within 10 days from the date of the petition unless due process requires a longer period.

 

          (e)  Any fact contained in the petition which is not denied in the reply, shall be deemed admitted by the respondent. A statement that the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial.  The petitioner shall be presumed to deny all allegations in the reply, and no response shall be permitted to the reply.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 205.01)

 

          Frl 206.02  Complaints of Licensee Misconduct.

 

          (a)  Complaints alleging misconduct by licensees in violation of RSA 325:32, II shall be in writing and filed at the board's office in Concord, New Hampshire.

 

          (b)  A complaint shall contain the following information:

 

(1)  The name and address of the complainant;

 

(2)  The name and business address of the licensee against whom the complaint is directed;

 

(3) 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)  A complaint shall be treated as an ex parte request for the initiation of disciplinary proceedings by the board and shall be a confidential document subject to public disclosure only as provided by Frl 211.04(f).

 

          (d) A complaint shall be dismissed upon a determination that it:

 

(1)  Fails to state a cause of action;

 

(2)  Alleges a time-barred cause of action; or

 

(3)  The complainant has unreasonably failed to respond to a request for further information or has otherwise failed to cooperate with a board investigation or hearing.

 

          (e)  The dismissal or withdrawal of a complaint shall not preclude the board from independently pursuing some or all of the allegations of misconduct alleged by the complainant.

 

          (f)  At any stage of the board's evaluation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement decree or consent order which imposes discipline upon the licensee and terminates further disciplinary action in whole or in part.

 

          (g)  Action under (f) above, shall not be taken unless:

 

(1)  The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement or consent decree;

 

(2)  There are no material facts in dispute between the licensee and the complainant; or

 

(3)  The complainant's view of the facts, if true, would not, in the discretion of the board, result in the imposition of a greater disciplinary sanction against the licensee than that imposed by the proposed settlement or consent decree.

 

          (h)  At any time during the board's evaluation of the allegations in a complaint, the board shall elect to defer further disciplinary action if the licensee and the complainant participate in confidential mediation on a timely and good faith basis with a qualified mediator who is not affiliated with the board.

 

          (i)  When mediation is conducted under (h), above, the mediator shall attempt informal resolution of the dispute between the complainant and the licensee, and, within 60 days from the issuance of a mediation order, shall submit a written report to the board which contains either:

 

(1)  A written settlement agreed to by the parties; or

 

(2)  A report of the circumstances which appear to prevent settlement of the issues between the parties.

 

          (j)  Upon receiving the mediator's report, the board shall discontinue its investigation or proceed with adjudicative proceedings.

 

          (k)  Information concerning the substantive misconduct issues alleged by the complainant which either party discloses to the mediator during good faith mediation shall be accorded the same privilege available to settlement negotiations under N.H. Rule of Evidence 408.

 

          (l)  Unless previously dismissed or settled, a complaint shall be granted, denied, or deferred, in whole or in part, by the board based upon the board's confidential evaluation of the information available to it and the value of potential disciplinary sanctions.

 

          (m)  A complaint which raises issues of professional misconduct which might warrant disciplinary sanctions shall be granted by incorporating those issues into a notice of hearing which commences an adjudicative hearing pursuant to Frl 207.02. In which case, disciplinary action against the licensee shall be taken or not taken based upon the board's evaluation of the evidence of professional misconduct submitted during the hearing.

 

          (n)  A complainant shall not be a party to the disciplinary hearing but may petition the board to intervene. When some or all of the allegations in a complaint are the subject of a disciplinary hearing, the notice of hearing shall inform the complainant that he or she may intervene in the proceeding subject to appropriate conditions or shall include findings demonstrating that the complainant has forfeited this right by failing to cooperate with previous board orders or investigatory requests.

 

          (o)  Anonymous complaints shall be pursued by the board pursuant to RSA 325:33 I and III, when it believes:

 

(1)  The allegations might have merit;

 

(2)  The public welfare might be at risk; and

 

(3)  The complainant has legitimate reasons for acting anonymously.

 

          (p)  Pursuant to Frl 202.03, the board shall waive procedural rules in Frl 206.02 that require the name and address of the complainant.

 

          (q)  Complaints shall be retained in the board's files as follows:

 

(1)  Complaints which result in discipline shall be retained in perpetuity; and

 

(2)  All written decisions and orders shall be retained for 10 years, or longer if they are part of a developing pattern of behavior that might constitute professional misconduct pursuant to RSA 325:32 II.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 205.02)

 

          Frl 206.03  Motions and Objections Thereto.

 

          (a)  Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.

 

          (b)  Motions shall state clearly and concisely:

 

(1)  The purpose of the motion;

 

(2)  The relief sought by the motion;

 

(3)  The statutes, rules, orders, or other authority authorizing the relief sought by the motion;

 

(4)  The facts claimed to constitute grounds for the relief requested by the motion; and

 

(5)  The signature and date required by Frl 205.02(a).

 

          (c)  Objections to motions shall state clearly and concisely:

 

(1)  The defense of the party filing the objection;

 

(2)  The action which the party filing the objection wishes the board to take on the motion;

 

(3)  The statutes, rules, orders, or other authority relief upon in defense of the motion;

 

(4)  Any facts which are additional to or different from the facts stated in the motion; and

 

(5)  The signature and date required by Frl 205.02(a).

 

          (d)  An objection shall specifically admit or deny each fact contained in the motion. Failure to deny a fact shall constitute the admission of that fact for the purposes of the motion.  In the event a party filing an objection lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

 

          (e)  Motions shall be decided upon the writings submitted.  Repetitious motions shall not be submitted.

 

          (f)  Objections to motions shall be filed within 5 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 205.03)

 

PART Frl 207  ADJUDICATIVE PROCEEDINGS

 

          Frl 207.01  Applicability.  This part shall govern all proceedings conducted by the board except rulemaking and nonadjudicative investigations.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 206.01)

 

          Frl 207.02  Commencement of Proceedings.

 

          (a)  The board shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.

 

          (b)  The notice commencing an adjudicative proceeding shall:

 

(1)  Identify the parties to the proceeding as of the date of the order and specify a deadline for the submission of petitions to intervene;

 

(2)  Briefly summarize the subject matter of the proceeding, and identify the issues to be resolved;

 

(3)  Specify the legislative authority for the proposed action, and identify any applicable board rules;

 

(4)  Specify the date by which, and the address where, appearances or motions by representatives shall be filed;

 

(5)  Specify the date, time, and location of an initial prehearing conference or dates for an oral hearing;

 

(6)  Identify the presiding officer for the proceeding, if other than the chairman of the board;

 

(7)  State that each party has the right to have an attorney present to represent the party at the party’s expense;

 

(8)  State that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceedings;

 

(9)  Identify any special procedures to be followed;

 

(10)  Identify any confidentiality requirements applicable to the proceeding; and

 

(11)  Contain such other information or attachments as are warranted by the circumstances of the case, including, but not limited to, orders consolidating or severing issues in the proceeding with other proceedings, and orders directing the production or exchange of documents.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 206.02)

 

          Frl 207.03  Docketing, Service of Notice, Public Notice.

 

          (a)  The board shall assign each adjudicative proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the board's legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon the respondent, and the complainant, if any, by means of certified mail.

 

          (b)  Service of all subsequent orders, decisions and notices issued by the board, including any amendments to the hearing notice, shall be served upon the parties, including any intervenors, by regular mail.

 

          (c)  Orders, notices, and decisions of the board, and motions, memoranda, exhibits, and other documents and data submitted to the board in a docketed case shall be kept in a docket file and made available for public inspection in the board's office except to the extent that confidentiality has been otherwise provided for by law.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 206.03)

 

          Frl 207.04  Intervention.

 

          (a)  Petitions for intervention shall state with particularity:

 

(1)  The petitioner's interest in the subject matter of the hearing;

 

(2)  The petitioner's position with respect to the subject matter of the hearing;

 

(3)  Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

 

(4)  Any other reasons why the petitioner should be permitted to intervene.

 

          (b)  Petitions for intervention shall be granted if the petitioner has a substantial interest in the proceeding and has been diligent with respect to requesting intervention, and if the petitioner's participation will not prejudice a party or unduly delay the proceeding.

 

          (c)  Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 206.04)

 

          Frl 207.05  Roles of Complainants and Board Staff.

 

          (a)  Complainants alleging misconduct by a licensed individual shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene.

 

          (b)  Unless called as witnesses, board staff shall have no role in any hearing.

 

Source.  #9949-A, eff 6-24-11

 

          Frl 207.06  Right to Counsel. Any party or intervenor in an adjudicative proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practical.  Parties shall retain counsel at their own expense and requests for appointment of counsel shall not be entertained.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.05)

 

          Frl 207.07  Prehearing and Other Informal Conferences.

 

          (a)  At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or upon his or her own initiative, shall direct the parties to attend one or more prehearing conference when such a conference would aid in the disposition of the proceeding.

 

          (b)  The parties at prehearing conference shall address:

 

(1)  The distribution of exhibits and written testimony, if any, to the parties;

 

(2)  Opportunities and procedures for simplification of the issues;

 

(3)  Possible amendments to the pleadings;

 

(4)  Opportunities and procedures for settlement;

 

(5)  Possible admissions of fact and authentication of documents to avoid unnecessary proof;

 

(6)  Possible limitations on the number of witnesses, and possible limitations on the scheduling of witnesses;

 

(7)  Possible changes to the standard procedures which would otherwise govern the proceeding; and

 

(8)  Other matters which might contribute to the orderly, prompt and fair resolution of the proceeding.

 

          (c)  The board shall cause prehearing conferences to be recorded unless all parties wish to discuss possible settlement off the record. Matters decided at a prehearing conference shall be reflected in an appropriate order.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.06)

 

          Frl 207.08  Discovery and Disclosure.

 

          (a)  The board shall disclose any investigative report or other unprivileged information in the possession of the board, which is reasonably related to the subject matter of the proceeding.  Neither the board nor any officer or employee thereof, shall be subject to further discovery.

 

          (b)  Parties shall attempt to agree among themselves concerning the mutual exchange of relevant information. If these efforts prove unsuccessful, a party wishing to initiate discovery against another party, shall, by motion, seek leave to do so and shall identify the exact type of discovery requested.

 

          (c)  Discovery shall be permitted against a party when:

 

(1)  The parties cannot adequately address specific relevant factual issues at the time fixed for the presentation of evidence, and addressing these issues at a subsequent time would place the requesting party at a material disadvantage;

 

(2)  The requested method of discovery is reasonable, and the requested discovery would not cause material unfairness or unreasonable expense to any party; and

 

(3)  The requesting party has acted diligently and the requested discovery would not unreasonably delay the proceeding.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.07)

 

          Frl 207.09  Subpoenas.

 

          (a)  Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall be issued upon the order of the board.  

 

          (b)  In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the proposed subpoena to its motion. The requesting party shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.

 

          (c)  The person to whom the subpoena is directed may, within 7 days after service of the subpoena, or one day before the date specified in the subpoena for compliance therewith, whichever is later, file a motion to quash or modify the subpoena. The person to whom the subpoena is directed shall comply with the subpoena, or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the board's order, whichever is later.

 

          (d)  A subpoena shall be served in any manner authorized by law. The date, time, and method of service shall be written on the reverse of the original copy of the subpoena by the person making service who shall then file that copy with the board.

 

          (e)  Should a person fail to comply with a subpoena issued pursuant to this section, the board shall take one or more of the following actions:

 

(1)  Impose sanctions specific to any pending proceeding, including, but not limited to, entry of a default judgment as to some or all of the pending issues which is adverse to the noncompliant party;

 

(2)  Institute a separate investigation against any noncompliant individual who is subject to the board’s jurisdiction; or

 

(3)  Seek judicial enforcement of some or all of the subpoena.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.08)

 

          Frl 207.10  Evidence.

 

          (a)  The evidentiary privileges recognized by the law of New Hampshire, including the N.H. Rules of Evidence, shall apply to proceedings under this chapter.

 

          (b)  All data which will reasonably assist the board arrive at the truth shall be admissible, but data which is irrelevant or immaterial, unduly repetitious or cumulative, or evidence subject to privilege shall be excluded.

 

          (c)  The board may direct that some or all of the evidence be filed prior to hearing in written form.  However, unless the parties agree otherwise, oral testimony shall be required to allow appropriate cross examination and to avoid material prejudice, and to permit full and fair disclosure of disputed material facts.

 

          (d)  If the board officially notices a fact, it shall so state, and permit any party, upon timely request, the opportunity to show the contrary.

 

          (e)  Witnesses appearing before the board shall testify under oath or affirmation.

 

          (f)  The entirety of all oral proceedings shall be recorded verbatim by the board. This record shall be transcribed upon the request of a party who pays the estimated cost of transcription in advance. Provided, however, that if the board elects to transcribe some or all of the record for its own use, the transcribed portions shall be included in the public docket file.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.09)

 

          Frl 207.11  Burden of Proof.

 

          (a)  The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

 

          (b) Without limiting the generality of paragraph (a), above, all moving parties and all petitioners shall have the burden of persuading the board that their motion or petition should be granted.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.10)

 

          Frl 207.12  Methods of Proceeding.  The method of proceeding under this part shall be determined as follows:

 

          (a)  Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of a trial-type evidentiary hearing with an opportunity for the subsequent submission of memoranda;

 

          (b)  Where facts material to the subject matter of the proceeding are in dispute, but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, some or all of the proceeding may, to that extent, consist of the subsequent submission of affidavits and memoranda;

 

          (c)  Where no facts material to the subject matter of the proceeding are in dispute, the proceeding shall to that extent be limited to the submission of memoranda wherein are argued the conclusions the parties wish the board to draw from said facts.

 

          (d)  Oral argument other than a brief opening and a closing statement shall be permitted only when requested in a written motion which demonstrates a substantial need for such a procedure. Written argument in the form of legal briefs or memorandum shall be permitted subject to such filing schedules established by the board.

 

          (e)  The foregoing paragraphs shall not limit the board's authority to structure a proceeding in a manner suitable to its subject matter and recognized due process requirements, or to require the submission of additional data at any time.

 

          (f)  As applicable, an order scheduling supplemental argument or hearing, or otherwise reopening the record, shall be issued by the presiding officer or board at any time prior to the issuance of a final order in a proceeding.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.11)

 

          Frl 207.13  Inquiry By Presiding Officer Or Board Members.  The presiding officer, and board members or board advisors recognized by the presiding officer, shall question witnesses and make such inquiry of witnesses or counsel, as he or she believes necessary to develop a sound record for decision. Other board members participating in the proceeding shall also ask such questions and make such inquiries as they deem appropriate, subject to recognition by the presiding officer.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.12)

 

          Frl 207.14  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Any party may submit proposed findings of fact and conclusions of law.

 

          (b)  The presiding officer shall direct any party to submit proposed findings of fact or conclusions of law if the presiding officer believes proposed findings or conclusions would be helpful to the board in deciding the case. If such an order is issued, individual rulings upon such proposed findings or conclusions shall be included as part of any proposed or final decision required to be issued in the proceeding. 

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.13)

 

          Frl 207.15  Ex Parte Communications.  Once an adjudicative proceeding has been commenced, no party shall communicate with any person assigned to render a decision or make findings of fact and conclusions of law in the matter, concerning the merits of the case except upon notice to all parties and in accordance with the rules of this chapter. Nor shall any party cause another person to make such communications or otherwise engage in conduct prohibited by RSA 541-A:36.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.14)

 

          Frl 207.16  Disciplinary Hearings.

 

          (a)  Adjudication of misconduct allegations shall be conducted in accordance with this part, as supplemented by the hearing order and possible prehearing and other appropriate procedural orders served upon the parties, which shall establish the particular scheduling and filing requirements applicable to each case.

 

          (b)  A hearing notice shall be subject to substantive amendment by the board at any time prior to the issuance of a final order. Provided, however, the parties shall receive at least 15 days notice and an opportunity to be heard on any new or materially different misconduct allegations to be decided in a particular disciplinary proceeding.

 

          (c)  The licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within 30 days of receipt of the allegations. Failure to so respond within the specified time period shall result in an order of default, including disciplinary sanctions, against the licensee unless the licensee failed to respond for good cause.  Good cause includes accident, mistake, misfortune or any other circumstances beyond the control of the objecting party.

 

          (d)  Prehearing conferences in disciplinary proceedings shall be public except to the extent that settlement discussions or other matters entitled to confidentiality are addressed.

 

Source.  #9949-A, eff 6-24-11 (from Frl 206.15)

 

PART Frl 208  PRESIDING OFFICER

 

          Frl 208.01  Designation.

 

          (a)  Adjudicative proceedings commenced by the board shall be conducted by a presiding officer.

 

          (b)  The board chairperson shall serve as presiding officer or shall designate another qualified person to so serve.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 207.01)

 

          Frl 208.02  Authority of Presiding Officer.

 

          (a)  Except as otherwise provided by board order, the presiding officer shall possess all authority with respect to the procedural aspects of adjudicative proceedings which could be exercised by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, decide scheduling, and conduct discovery, and stay proceedings.

 

          (b)  Except as provided by Frl 208.04, the presiding officer shall receive no testimony or oral argument on the merits of the case unless a majority of the board members eligible to participate in the proceeding, including the presiding officer, are present. Board members shall not need to be present during prehearing conferences or arguments on procedural or discovery motions.

 

          (c)  Except in proceedings conducted pursuant to Frl 208.04, the presiding officer shall permit board members who are present during any stage of an adjudicative proceeding to make reasonable inquiries of the witnesses and counsel consistent with the fair and orderly conduct of the proceedings.

 

          (d)  The presiding officer shall not accept final offers of settlement or impose consent decrees, but may assist the parties in reaching settlements. When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding merely because the board is deliberating on a settlement proposal.

 

          (e)  The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding for more than 60 days. Potentially dispositive motions may be referred to the board immediately or deferred until the close of the record, in the sole discretion of the presiding officer.

 

          (f)  If the presiding officer believes that a default or similar final order should enter against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties, and the board shall take appropriate action after allowing the parties l0 days to file objections thereto.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 207.02)

 

          Frl 208.03  Exceptions to Interlocutory Rulings by the Presiding Officer.

 

          (a)  The board shall not entertain interlocutory appeals of procedural or discovery orders made by the presiding officer. Contemporaneous exceptions to such rulings shall be unnecessary to preserve the objections of any party adversely affected.

 

          (b)  The parties may include objections to an adverse ruling of a presiding officer in any exceptions taken to a proposed decision under Frl 208.04. When a proposed decision is not issued, such objections shall be presented to the board as a motion or as part of a closing memorandum submitted within 10 days from the close of the hearing or such further period as the presiding officer shall allow for good cause. Good cause shall include accident, mistake, misfortune or any other circumstances beyond the control of the objecting party.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 207.03)

 

          Frl 208.04  Proposed Decisions By Presiding Officer.

 

          (a)  The board shall direct that all of the evidence be filed prior to hearing in written form.  However, unless the parties agree otherwise, oral testimony shall be required to allow appropriate cross examination and to avoid material prejudice, and to permit full and fair disclosure of disputed material facts.  Only those board members present throughout the hearing shall rule on the credibility of witnesses.

 

          (b)  The parties may file exceptions and supporting memoranda of law for review by the board within 30 days from the date the proposed decision was served. Replies to exceptions and reply memoranda may be filed within 15 days from the date of the document being replied to.

 

          (c)  If a party wishes to present oral argument to the board, it shall file a separate motion for oral argument within the time allowed for filing exceptions or replies to exceptions.

 

          (d)  When the board has directed a presiding officer to receive evidence and enter a proposed decision, there shall be no communications between the presiding officer and the board members concerning the merits of the case, and the board members shall not participate in the questioning of witnesses at the hearing, as would otherwise be permitted by Frl 207.12.

 

Source.  #9949-A, eff 6-24-11 (from Frl 207.04)

 

          Frl 208.05  Withdrawal of Presiding Officer.

 

          (a)  Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause.

 

          (b)  Among other reasons, good cause shall exist if the presiding officer:

 

(1)  Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;

 

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or

 

(3) Personally believes that he or she cannot fairly judge the facts of the case.

 

          (c)  Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

 

Source.  #9949-A, eff 6-24-11

 

PART Frl 209  RECONSIDERATION AND STAY

 

          Frl 209.01  Motion for Reconsideration or Rehearing.

 

          (a)  Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date they are served upon the parties pursuant to Frl 205.03 (c).

 

          (b) Within 30 days after service of a final adjudicative order, any party may file a motion for reconsideration or rehearing. The board shall make no distinction between the terms "reconsideration" and "rehearing."

 

          (c)  A motion for reconsideration shall:

 

(1)  Include any memorandum of law the moving party wishes to submit;

 

(2)  Identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order which the moving party wishes reconsidered; and

 

(3)  Concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party.

 

          (d)  The board shall grant or deny the motion, or any part thereof, on its merits to the extent the motion has revealed errors of law, fact or policy in the board’s prior decision. The board shall also treat the motion as one for reopening and order the receipt of such additional data or additional argument as it considers necessary to evaluate any newly discovered evidence or to cure any alleged procedural errors.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 208.01)

 

          Frl 209.02  Reconsideration on the Board's Own Motion.  Within the time frame specified in Frl 209.01(b), the board shall correct, reconsider, revise or reverse any final action on its own motion if the board


discovers new facts that indicate such final action was incorrect. If the board’s action is based upon the existing record, prior notice shall not be given to the parties. If further argument or data are necessary before making such an order, the board shall provide the parties with notice and an opportunity to be heard before any final revision is made in the board's previous action.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 208.02)

 

          Frl 209.03  Stay of Board Orders.

 

          (a)  Board actions shall be stayed only in response to a specific request from a party or on the board’s own motion. The mere filing of a motion for reconsideration shall not operate as a stay of any order, but it shall be permissible to combine a motion for stay with a motion for reconsideration.

 

          (b)  A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Frl 209.01(a), and shall demonstrate good cause sufficient to warrant the stay of an action by the New Hampshire Superior Court.

 

Source.  #9949-A, eff 6-24-11 (from Frl 208.03)

 

PART Frl 210  CONSOLIDATION AND SEVERANCE

 

          Frl 210.01  Consolidation.  Board proceedings which involve the same, or substantially related issues, shall be consolidated for hearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action. Consolidation shall be ordered in response to a timely motion from a party or on the board’s own initiative.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 209.01)

 

          Frl 210.02  Severance.  The board shall sever one or more issues from a proceeding and dispose of those issues in another proceeding when doing so would materially promote the fairness, accuracy and efficiency of the proceeding. Severance shall be ordered in response to a timely motion from a party or on the board’s own initiative.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 209.02)

 

PART Frl 211  NONADJUDICATIVE INVESTIGATIONS AND HEARINGS

 

          Frl 211.01  Informal Investigations.

 

          (a) Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, officers and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, and prepare reports describing the data obtained whenever:

 

(1)  It receives data which leads it to believe that a violation of any statute administered by the board, or of any rule of the board, has occurred, or is likely to occur; or

 

(2)  It desires to obtain data for any other lawful purpose.

 

          (b)  Informal investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the case, including:

 

(1)  Requests for additional information from the complainant;

 

(2)  Requests for release of relevant records belonging to or under the control of the complainant; and

 

(3)  Face to face meetings with potential witnesses and interested persons.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-B, eff 6-24-11 (from Frl 210.01); ss by #12672, eff 11-20-18

 

          Frl 211.02  Formal Investigations.

 

          (a)  The board shall commence a formal investigation for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to any matter within its jurisdiction. 

 

          (b)  Formal investigations shall be commenced by the issuance of an order of investigation containing:

 

(1)  The statutory or regulatory authority for the investigation;

 

(2)  Any statutes or rules believed to have been, or about to be, violated, or the possible regulatory action being contemplated by the board;

 

(3)  The identity of the persons, or class of persons, which are the subject of the investigation;

 

(4)  The general nature of the conduct being investigated;

 

(5)  The identity of the investigating officer or committee;

 

(6) The date upon which the investigating officer shall report his or her findings and recommendations to the board;

 

(7)  Any special authority conferred upon the investigating officer; and

 

(8)  Other provisions deemed desirable by the board.

 

          (c)  The issuance of an order of investigation shall not commence an adjudicative hearing and shall not constitute an allegation of misconduct against a license holder.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-B, eff 6-24-11 (from Frl 210.02); ss by #12672, eff 11-20-18

 

          Frl 211.03  Investigators.  The board shall appoint a member of its staff, an attorney, any other qualified person, or a committee of qualified persons to conduct a formal or informal investigation.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-B, eff 6-24-11 (from Frl 210.03); ss by #12672, eff 11-20-18

 

          Frl 211.04  Misconduct Investigations.

 

          (a)  The board shall conduct such investigations as it deems necessary to examine acts of possible misconduct which come to its attention through complaints or other means. Informal investigations pursuant to Frl 211.01 shall be conducted at any time and without prior order of the board.  The board shall convert an informal investigation to a formal investigation at any time by following the procedures in Frl 211.02(b).

 

          (b)  The type, form and extent of an investigation shall be determined by the need to examine acts of possible misconduct.

 

          (c)  When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further board action should be taken on the allegations in question.

 

          (d)  Investigations, including those based upon allegations in a complaint, may be conducted on an ex parte basis.

 

          (e)  The investigator shall make a written report of misconduct investigations which includes a recommendation to the board as to whether there is a reasonable basis to conduct further disciplinary proceedings.

 

          (f)  Investigatory reports and all information gathered by an investigator shall be confidential except that:

 

(1)  The investigator's report shall be made available to the parties in any adjudicative proceeding resulting therefrom;

 

(2)  Information gathered in an investigation shall become subject to public disclosure if it is introduced as evidence in a disciplinary hearing; and

 

(3)  Information gathered in disciplinary investigations shall be made available to:

 

a.  Law enforcement agencies;

 

b.  Certifying agencies of other jurisdictions;

 

c.  Board investigators or prosecutors;

 

d.  Expert witnesses or assistants retained by board prosecutors or investigators in the same or related disciplinary matters; or

 

e.  A licensee, complainant, or other person with knowledge of the subject matter of a particular misconduct allegation, when such disclosure would assist the board’s investigation.

 

Source.  #9949-B, eff 6-24-11 (from Frl 210.04); ss by #12672, eff 11-20-18

 

          Frl 211.05  Informational Hearings.

 

          (a) The board shall conduct non-adjudicative informational hearings to assist it in gathering information necessary to the performance of its statutory duties.

 

          (b)  The board chair, acting chair, or another board member designated by the chair shall serve as the presiding officer at informational hearings and shall have authority to conduct all facets of the proceeding.

 

          (c)  Sworn testimony shall not be received at informational hearings unless an order of investigation has been issued by the board.

 

          (d)  The board shall establish the order and the length of the presentations made in informational hearings, and, consistent with any applicable statutes, limit the time allotted to each speaker.

 

Source.  #9949-B, eff 6-24-11 (from Frl 210.05); ss by #12672, eff 11-20-18

 

PART Frl 212  RULEMAKING

 

          Frl 212.01  How Adopted.  A board rule, or any amendment or repeal thereof, shall be adopted in accordance with RSA 541-A:3. Rules shall be proposed by petition or on the board’s own initiative.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11 (from Frl 211.01)

 

          Frl 212.02  Petition for Rulemaking.  Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition which contains:

 

          (a)  A statement of the petitioner’s interest in the subject matter of the proposed rule;

 

          (b)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

 

          (c)  If the petitioner proposes to amend or repeal an existing rule, an identification of the particular rule sought to be amended or repealed; and

 

          (d)  Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding.

 

Source.  #9949-A, eff 6-24-11 (from Frl 211.02)

 

          Frl 212.03  Disposition of Petition.

 

          (a)  The board shall, by order, grant or deny a petition for rulemaking. Before issuing such an order, however, the board may require additional data or argument from the petitioner or other interested persons.

 

          (b)  The board shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would result in:

 

(1)  A rule that is not within the rulemaking authority of the board;

 

(2)  Duplication of a rule or of a statutory provision;

 

(3)  Inconsistency between the existing rules and the statutory mandate of the board;

 

(4)  Inconsistency of one administrative rule with another; or

 

(5)  Negatively impacting the board’s ability to carry out the mandates of RSA 325.

 

          (c)  If the petition is denied, the board shall state the reason therefore in the order. If the petition is granted, the board shall undertake to commence a rulemaking proceeding in accordance with RSA 541-A:3.

 

          (d)  Within 30 days of receipt of a sufficient petition the board shall dispose of it in the following manner:

 

(1)  By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

 

(2)  By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

 

Source.  #9949-A, eff 6-24-11 (from Frl 211.03)

 

PART Frl 213  PUBLIC COMMENT HEARINGS

 

          Frl 213.01  Purpose.  The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11

 

          Frl 213.02  Public Access and Participation.

 

          (a)  Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Frl 213:03.

 

          (b)  People who wish to testify shall be asked to write on the speaker’s list:

 

(1)  Their full names and addresses; and

 

(2)  The names and addresses or organizations, entities or other persons whom they represent, if any.

 

          (c)  Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

 

New.  #9949-A, eff 6-24-11

 

          Frl 213.03  Limitations on Public Participation.  The board’s chair or other person designated by the board to preside over a hearing shall:

 

          (a)  Refuse to recognize for speaking or revoke the recognition of any person who:

 

(1)  Speaks or acts in an abusive or disruptive manner;

 

(2)  Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

 

(3)  Restates more than once what he or she has already stated; and

 

          (b)  Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

 

Source.  #9949-A, eff 6-24-11

 

          Frl 213.04  Media Access.  Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward:

 

          (a)  Limitation of the placement of cameras to specific locations within the hearing room; or

 

          (b)  Prohibition of interviews conducted within the hearing room before or during the hearing.

 

Source.  #9949-A, eff 6-24-11

 

          Frl 213.05  Conduct of Public Comment Hearings.

 

          (a)  Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing.

 

          (b)  The chair or other person presiding over a hearing shall:

 

(1)  Call the hearing to order;

 

(2)  Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

 

(3)  Cause a recording of the hearing to be made;

 

(4) Recognize those who wish to be heard;

 

(5)  If necessary, establish limits pursuant to Frl 213.03 and Frl 213.04;

 

(6)  If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

 

(7)  If necessary, postpone or move the hearing; and

 

(8)  Adjourn or continue the hearing.

 

          (c)  A hearing shall be postponed in accordance with RSA 541-A:11, IV when:

 

(1)  The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

 

(2)  The board chair or other person designated by the board to preside over the hearing is ill and unavoidably absent and a quorum is not present; or

 

(3)  Postponement will facilitate greater participation by the public.

 

          (d)  A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

 

          (e)  A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

 

(1)  The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

 

(2)  The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

 

Source.  #9949-A, eff 6-24-11

 

PART Frl 214  WAIVER OF SUBSTANTIVE RULES

 

          Frl 214.01  Petitions for Waiver.

 

          (a)  Any interested person may request the board to waive any rule not covered by Frl 202.04 by filing an original and 2 copies of a petition pursuant to Frl 206.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.  No statutory requirements shall be waived.

 

          (b)  Petitions for waivers of substantive rules shall address whether:

 

(1)  Adherence to the rule would cause the petitioner financial or personal hardship;

 

(2)  The requested waiver is not necessary because of any neglect or malfeasance on the part of the petitioner;

 

(3)  Waiver of the rule would be consistent with the statutes and rules adopted by the board;

 

(4)  Waiver of the rule would not injure third persons; and

 

(5)  Other good cause exists for waiving the rule.

 

          (c)  If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on such persons and advise them of their right to reply to the petition pursuant to Frl 206.01(c).

 

          (d)  The petitioner shall provide such further information or participate in such evidentiary or other proceedings as shall be ordered by the board after reviewing the petition and any replies received.

 

          (e)  A petition for waiver of a rule which does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without prior notice or further hearing.

 

          (f)  The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that waiver would be consistent with the criteria of (b), above.

 

          (g)  Unless otherwise specified in the waiver itself, the waiver shall be effective for the duration of the license.

 

Source.  #9949-B, eff 6-24-11 (from Frl 212.01); ss by #12672, eff 11-20-18

 

PART Frl 215  DECLARATORY RULINGS

 

          Frl 215.01  Requests for Declaratory Rulings.

 

          (a)  Any individual or entity may request a declaratory ruling by the board if that individual or entity is directly affected by the applicable statute or by any administrative rule.

 

          (b)  A request for a declaratory ruling shall be in writing containing:

 

(1)  The name and address of the individual or entity making the request;

 

(2)  The text of the ruling being requested;

 

(3)  The reasons for the request; and

 

(4)  The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

 

“I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete.”

 

Source.  #9949-A, eff 6-24-11 (from Frl 213.01)

 

          Frl 215.02  Documents Required to Support Requests for Declaratory Rulings.

 

          (a)  A request for declaratory ruling shall be accompanied by:

 

(1)  A statement citing the statutory law, regulatory law or orders believed to support the ruling being requested;

 

(2)  A statement of the facts believed to support the ruling being requested; and

 

(3)  Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

 

          (b)  A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request.

 

Source.  #9949-A, eff 6-24-11

 

          Frl 215.03  Processing Requests for Declaratory Rulings.

 

          (a)  Within 30 days of receiving a request for a declaratory ruling the board shall advise the individual or entity requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

 

          (b)  If additional information should be needed, the board shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Frl 215.01 (b)(4) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

 

Source.  #9949-A, eff 6-24-11

 

          Frl 215.04  Issuance and Publication of Declaratory Rulings.

 

          (a)  When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts.

 

          (b)  When the established facts show that the board lacks subject matter or personal jurisdiction to issue a declaratory ruling, the board shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction.

 

          (c)  Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

 

Source.  #9949-A, eff 6-24-11

 

          Frl 215.05  Effect of Declaratory Ruling.  A declaratory ruling shall apply only to the board and to the individual or entity requesting it and shall be confined to the facts presented pursuant to Frl 215.02 (a)(2) through (a)(3) and in response to a request of the board made pursuant to Frl 215.03 (b).

 

Source.  #9949-A, eff 6-24-11

 

PART Frl 216  EXPLANATION AFTER ADOPTION

 

          Frl 216.01  Explanation after Adoption.

 

          (a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a request to the board.

 

          (b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

 

Source.  #9949-B, eff 6-24-11; ss by #12672, eff 11-20-18

 


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 supply the board with the following on the “Application for Embalmer’s Apprentice License” form, revised 7/2021:

 

(1)  Full name, alias, any previously used names, or maiden names, physical address, mailing address, telephone number, and e-mail address, if any;

 

(2)  Date of birth, place of birth, and place of employment;

 

(3)  Name and location of high school, academy, or any educational institution attended;

 

(4)  Date of graduation, certificate or degree, with copy of diploma, certificate or degree attached;

 

(5)  Name, address, and date of current employment by apprentice sponsor;

 

(6)  Affidavit accepting apprentice embalmer for a 6 month or one year apprenticeship term by sponsoring licensed embalmer;

 

(7)  Affidavit indicating the applicant acknowledges the apprenticeship requirements and affirms the application is completed accurately;

 

(8)  Denial or affirmation, with explanation upon request, of the following:

 

a. Whether the applicant has ever been the subject of any disciplinary action by any professional licensing authority;

 

b. Whether the applicant has any past or current impairment by, or has been found to have diverted chemical substances;

 

c.  Whether the applicant has been found guilty of, or entered a plea of no contest to, any felony or crime involving moral turpitude; and

 

d.  Whether the applicant is mentally and physically competent to practice embalming or as a funeral director;

 

(9)  By the applicant’s signature affirm the following pledge: “I, state the information provided is accurate to the best of my knowledge and belief.  I understand knowingly providing false information may be grounds for denial, reprimand, suspension, revocation of a license (RSA 325:32), and may be grounds for conviction of a misdemeanor (RSA 641:3)”; and

 

(10)  Signature and date on the form.

 

         (b)  Each applicant shall submit the apprentice embalmer licensing fee as cited in Frl 307.01.

 

         (c)  Every applicant shall submit to the board an original, not a photocopy, of a criminal offender record report:

 

(1)  Issued by each state where the applicant has resided or been licensed within the preceding 10 years, provided that such states will:

 

a.  Send the report to the board; or

 

b.  To the applicant for forwarding to the board;

 

(2)  Covering the applicant under his or her legal name and under any aliases; and

 

(3)  Dated within 6 months of the application for licensure.

 

         (d)  If the state where the applicant previously resided does not issue a criminal offender record reports as required, the board shall consider that applicant for licensure without having received the report.

 

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

 

          Frl 301.02  Qualifications.

 

          (a)  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

 

          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 his/her sponsor shall meet with the board or a board member to review the apprenticeship requirements.

 

          (b)  Each apprentice embalmer shall be employed by a funeral establishment inspected by the board and serve a minimum one year apprenticeship consisting of 2,000 hours of documented funeral related duties, as follows:

 

(1)  One year shall equal 50 weeks, where funeral directing and/or embalming is the principal occupation;

 

(2) An apprentice embalmer shall not count hours spent sleeping toward the required apprenticeship hours;

 

(3)  Each apprentice embalmer shall complete an “Apprentice Embalmer Monthly Report” documenting the hours of embalming and funeral related duties performed each month, by providing the following:

 

a.  Name and license number of apprentice embalmer;

 

b.  Month and year of reporting period;

 

c.  Number of hours worked during reporting period;

 

d.  A completed column for each corresponding day of the month worked;

 

e.  Identify the embalming form number and number of hours spent performing the following:

 

1.  Removal;

 

2.  Set features including eyes and mouth;

 

3.  Embalming;

 

4.  Wash body and prepare for dressing;

 

5.  Apply cosmetics;

 

6.  Apply restorative art treatment;

 

7.  Dress and casket body;

 

8.  Clean and disinfect preparation room;

 

9.  Wash and sterilize instruments; and

 

10.  Complete embalming form;

 

f.  Idenify the funeral directing form number and number of hours spent performing the following:

 

1.  Assist with arrangement conference;

 

2.  Follow up to arrangement conference;

 

3.  Work calling hours;

 

4.  Work funeral service; and

 

5.  Complete funeral directing report;

 

g.  Signature and phone number of apprentice embalmer; and

 

h.  Signature, license number of sponsor.

 

          (c)  The form shall be provided by the board and shall be submitted to the board office no later than 30 days following the reporting period.  Failure to submit reports when due shall be sufficient cause for suspension or revocation of apprentice embalmer license.

 

          (d)  Each apprentice embalmer shall work at all times under the instruction and personal supervision of the sponsoring licensed embalmer and funeral director, who shall be held responsible for all acts or omissions of that apprentice embalmer which occur while that apprentice embalmer is sponsored by him or her.

 

          (e)  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 held responsible for all acts or omissions of the apprentice embalmer which occur in the course of that apprentice embalmer’s employment with that entity.

 

          (f)  Each apprentice embalmer so employed shall comply with any and all requirements of RSA 325, Frl 100-700, 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.

 

          (g)  The entity which employs an apprentice embalmer shall notify the board, in writing, of any change in the identity of the sponsoring licensed embalmer and/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.

 

          (h)  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.

 

          (i)  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.

 

          (j)  Each apprentice embalmer shall provide certified transcript(s) of completion of 30 credit hours of postsecondary education.

 

          (k)  Prior to the conclusion of his or her 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

 

          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” by providing the following:

 

(1)  Number of this consecutive apprentice funeral directing form;

 

(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, address and date of birth of deceased;

 

(6)  Place and date of death;

 

(7)  Address of place of death;

 

(8)  Type of funeral service, checking all that apply:

 

a.  Funeral service funeral;

 

b.  Calling/visitation hours;

 

c.  Memorial service;

 

d.  Graveside service; or

 

e.  Direct cremation;

 

(9)  Place and time of funeral service;

 

(10)  Address of funeral service;

 

(11)  Name of officiating clergy and faith;

 

(12)  List of funeral participation, checking all that apply;

 

a.  Assisted in filing death certificate and applicable permits;

 

b.  Assisted family with selection of merchandise;

 

c.  Assisted with arrangement conference;

 

d.  Arranged for clergy;

 

e.  Arranged for organist;

 

f.  Arranged flowers;

 

g.  Arranged for military honors;

 

h.  Parked cars;

 

i.  Ordered casket/vault;

 

j.  Directed traffic;

 

k.  Drove family car;

 

l.  Drove hearse;

 

m.  Prepared newspaper notices;

 

n.  Received visitors;

 

o.  Drove service car;

 

p.  Seated guests at service;

 

q.  Contacted cemetery;

 

r.  Arranged for cremation;

 

s.  Arranged for fraternal services; or

 

t.  Assisted with Social Security and Veterans Administration forms;

 

(13)  Signature of apprentice embalmer and date; and

 

(14)  Signature of sponsor and date.

 

          (e)  Each apprentice embalmer shall complete an “Apprentice Embalming Form” for each embalming completed in (a) and (b) above, by providing the following:

 

(1)  Number using consecutive numbers in chronological order;

 

(2)  Current apprenticeship license effective date;

 

(3)  Name and license number of apprentice embalmer;

 

(4)  Name and license number of sponsor;

 

(5)  Name and address of funeral home sponsoring apprentice;

 

(6)  Name, address and date of birth of deceased;

 

(7)  Place and date of death;

 

(8)  Cause and time of death;

 

(9)  Date and time body received at funeral home;

 

(10)  Name of funeral home receiving body;

 

(11)  Name of attendants on first call;

 

(12)  Pre-embalming condition of body, checking all that apply;

 

a.  Straight, non-posted;

 

b.  Partial or full autopsy, describe;

 

c.  Emaciated/dehydrated;

 

d.  Edematous/dropsical;

 

e.  Purge;

 

f.  Tissue gas;

 

g.  Odor;

 

h.  Skin slip;

 

i.  Discoloration;

 

j.  Rigor mortis;

 

k.  Mutilations;

 

l.  Jaundice;

 

m.  Organ and/or tissue donor, describe;

 

n.  Surgery;

 

o.  Exposure to temperature extremes, describe; or

 

p.  Other, describe.

 

(13)  Time between death and embalming;

 

(14)  Body refrigerated, indicating ‘yes’ or ‘no’;

 

(15)  Arteries used for injection;

 

(16)  Veins used for drainage;

 

(17)  Type and index of arterial fluid used, rate of flow;

 

(18)  Method of injection, hand pump, gravity or machine pressure;

 

(19)  Concentration of arterial fluid injected and number of gallons injected;

 

(20)  Type and amount of cavity fluid used;

 

(21)  Other supplemental chemicals or fluids used;

 

(22)  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.

 

(23)  How any problems were encountered and rectified, with a description;

 

(24)  Checking the following procedures completed;

 

a.  Undressed and washed body;

 

b.  Disinfected/packed orifices;

 

c.  Shaved;

 

d  Set features, including closing eyes/mouth;

 

e.  Inserted cannulea/drain tubes;

 

f.  Mixed and injected fluids;

 

g.  Aspirated cavities, injected cavity fluid;

 

h.  Treated cavities/viscera for autopsy case;

 

i.  Reaspirate cavities;

 

j.  Sutered/sealed incisions;

 

k  Treated skin slip and decubitis ulcers;

 

l.  Washed body and prepared for dressing;

 

m.  Dressed and casketed body;

 

n.  Applied cosmetics, treated discoloration chemically;

 

o.  Applied restorative measures;

 

p.  Cleaned/sanitized table, floor, prep room;

 

q.  Washed/sterilized instruments;

 

r.  Hypodermic treatment; or

 

s.  Chose injection site, indicating incisions, raised vessels;

 

(25)  Embalming operation complications, indicating ‘yes’ or ‘no’;

 

(26)  Description of embalming complications and methods used for correction;

 

(27)  Signature of apprentice embalmer and date; and

 

(28)  Signature of sponsor and date.

 

          (f)  The forms shall be provided by the board and shall be submitted to the board office monthly in conjunction with the “Apprentice Embalmer Monthly Report”.

 

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

 

          Frl 301.05  Effective.

 

          (a)  Licenses shall be issued by the board for a one year period.

 

          (b)  Apprenticeships shall become effective on the date the completed application is approved 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.  #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

 

          Frl 301.06  Extensions.

 

          (a)  Extensions shall be granted in one year intervals and shall not exceed 4 consecutive extensions.  Extension requests shall be made in writing 30 days prior to the expiration date and shall be signed by the requesting apprentice embalmer.

 

          (b)  Apprenticeships shall be completed within a contiguous 5 year period unless the apprentice embalmer petitions the board, in writing, and shows cause why the board should extend special consideration. Cause shall include personal, financial, or medical hardship.  The board shall request that the apprentice embalmer appear before the board.

 

          (c)  Once the 5 year period is exceeded, if the board does not grant a special exception, the apprentice embalmer shall be required to reapply for an embalmers apprentice license as specified in Frl 301.

 

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

 

          Frl 301.07  Changing Sponsors.

 

          (a)  If there is a change in the employment status of any apprentice embalmer, the entity/sponsor which employed the apprentice embalmer shall submit to the board a written affidavit indicating the length of time that the apprentice embalmer was employed.  The new entity/sponsor shall notify the board of the new employee/apprentice embalmer.

 

          (b)  Each apprentice embalmer shall also notify the board of any change in employment or sponsorship.  Failure to notify the board of such change shall result in disallowing time served with new entity/sponsor.

 

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

 

          Frl 301.08  Unannounced Appearance.

 

          (a)  The board shall conduct unannounced visits to each apprentice embalmer at his or her place of employment to verify employment status and review documents relative to the apprenticeship.

 

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

 

          Frl 301.09  Examination.

 

          (a)  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

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 shall supply the board with the following or with “Application for Embalmer License” form, revised 7/2021:

 

(1)  Full name, alias, any previously used names or maiden names, physical address, mailing address, telephone number and e-mail address, if any;

 

(2)  Date of birth, place of birth, date of naturalization, and place of naturalization;

 

(3)  Name and location of high school attended, and date received diploma;

 

(4)  Name and location of college attended, date graduated, and type of degree received, with official transcript attached;

 

(5)  Name and location of mortuary school attended, date of degree or diploma if different from Frl 302.01(a)(3), with official transcript attached;

 

(6)  A list of all states where the applicant is currently licensed;

 

(7)  Affidavit indicating apprentice embalmer has successfully completed the requirement set forth in Frl 301.03 and Frl 301.04 by the sponsoring New Hampshire licensed embalmer;

 

(8)  Certified copy of applicant’s birth certificate with raised seal;

 

(9)  Affidavit of good professional character by New Hampshire licensed funeral director or embalmer;

 

(10)  Affidavit of good professional character by New Hampshire licensed funeral director or embalmer, other than employer;

 

(11)  Denial or affirmation with explanation upon request of the following:

 

a.  Whether the applicant has ever been the subject of any disciplinary action by any professional licensing authority;

 

b.  Whether the applicant has any past or current impairment by, or has been found to have diverted, chemical substances;

 

c.  Whether the applicant has been found guilty of, or entered a plea of no contest to, any felony or crime involving moral turpitude; and

 

d.  Whether the applicant is mentally and physically competent to practice embalming;

 

(13)  By the applicants signature affirm the following pledge: “I, state the information provided is accurate to the best of my knowledge and belief.  I understand knowingly providing false information may be grounds for denial, reprimand, suspension, revocation of a license (RSA 325:32), and may be grounds for conviction of a misdemeanor (RSA 641:3)”; and

 

(14)  Signature and date on the form.

 

         (b)  The applicant shall submit the embalmer licensing fee as cited in Frl 307.01.

 

         (c)  Every applicant shall submit to the board an original, not a photocopy, of a criminal offender record report:

 

(1)  Issued by each state where the applicant has resided or been licensed within the preceding 10 years, provided that such states will:

 

a.  Send the report to the board; or

 

b.  To the applicant for forwarding to the board;

 

(2)  Covering the applicant under his or her legal name and under any aliases; and

 

(3)  Dated within 6 months of the application for licensure.

 

        (d)  If the state where the applicant previously resided does not issue a criminal offender record reports as required, the board shall consider that applicant for licensure without having received the report.

 

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

 

          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

 

          Frl 302.03  Requirements.  Each applicant shall pass a practical/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

 

          Frl 302.04  Practical/Oral Examination.

 

          (a)  Each applicant shall have served a one year apprenticeship to be eligible for practical/oral examination.

 

          (b)  Each applicant shall receive a letter of eligibility for the practical/oral examination from the board.  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 present.

 

          (d)  In order to be eligible for licensure each applicant shall successfully complete the practical/oral examination as confirmed by the board member administering the examination. 

 

          (e)  Each applicant shall submit the practical/oral examination fee as cited in Frl 307.01 for each examination at or before the time of examination.

 

          (f)  Any applicant that fails the practical/oral examination shall submit to the board a written request for reexamination after 30 days.

 

          (g)  If an applicant fails to pass the practical/oral examination after 2 attempts, he/she shall not be eligible for reexamination for 6 months.

 

          (h)  During the 6 months waiting period the applicant shall maintain an active embalmers apprentice license as cited in Frl 301.03, Frl 301.04 and Frl 301.05.

 

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

 

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

 

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

 

          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, administrative rules Frl 100-700;

 

          (b)  Each applicant shall submit the written examination fee as cited in Frl 307.01 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 board a written request for reexamination after 30 days.

 

          (d)  If an applicant fails to pass the written examination after 2 attempts, he/she shall not be eligible to reapply for 6 months from the date of the last failed 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

 

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.  The following fees shall apply as cited in Tables 307-1, and 307-2 below:

 

Table 307-1  Apprentice, Embalmer, and Funeral Director Fees

 

 

Apprentice

Embalmer

Funeral Director

 

Initial License Fee

$55

$110

$300

Practical Examination

 

$150

 

Written Examination

 

 

$150

Annual License Renewal Fee

$55

Biennial License Renewal Fee

 

$110

$300

Replacement Certificate

$10

$20

$20

Licensure Verification

 

$50

$50

 

Table 307-2  Funeral Home Inspection Fees

 

Fees

Funeral Home Inspections

New Facility Funeral Home Or Chapel

$250

Funeral Home Reinspection (every 3 years)

$200

Funeral Home Reinspection (Deficiencies)

$100

Chapel Reinspection (every 3 years)

$100

Replacement Certificate

$20

 

 

 

Source.  #6928, eff 1-1-99, EXPIRED: 1-1-07

 

New.  #9387, eff 2-13-09; ss by #12128, eff 3-10-17

 

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 New Hampshire funeral directors who are employed by the funeral home(s) for a minimum of 40 hours per week.

 

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 New Hampshire licensed funeral director of the deficiencies cited.  In cases of deficiencies within the preparation room, a reasonable time shall be 120 days from the receipt of a certified letter, and in cases of document deficiencies, 30 days from such receipt, and in all other cases a reasonable time to correct such deficiencies and allow for reinspection, beginning from the receipt of the certified letter.  A certificate of inspection shall not be issued by the board until all deficiencies are rectified.  Willful non-compliance shall result in the suspension of the owner’s or funeral director’s license in accordance with RSA 325:32 and 33. 

 

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 Concord, New Hampshire.

 

          (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 New Hampshire”.

 

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 New Hampshire.

 

          (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 New Hampshire department of environmental services, Env-A 100 through Env-A 4805, governing the control of air pollution.

 

          (d)  Crematories shall comply with New Hampshire department of environmental services, Env-Sw 904 for the management of infectious waste.

 

          (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 102.01(g)

RSA 325:9, VII; RSA 541-A:7

Frl 104.01

RSA 91-A:3, III; RSA 91-A:4; RSA 325:9, VII; RSA 541-A:7

 

 

Frl 200  (Specific provisions implementing specific statutes are listed below)

RSA 325:9, VI; RSA 325:9, VIII; RSA 541-A:16, I (b)

Frl 201.01

RSA 325:34, VII

Frl 201.04

RSA 541-A:30-a, III (j)

Frl 202

RSA 541-A:30-a, III (b)

Frl 202.03

RSA 541-A:30-a, III (j)

Frl 203

RSA 541-A:30-a, III (f)

Frl 204

RSA 541-A:30-a, III (a)

Frl 205.01 – 205.02

RSA 325:32, I

Frl 205.02 (n)

RSA 541-A:30-a, III (g)

Frl 206

RSA 541-A:30-a

Frl 206.01

RSA 325:32, I

Frl 206.02

RSA 325:32, I

Frl 206.02 (n)

RSA 541-A:30-a, III (g)

Frl 206.08

RSA 325:33-a

Frl 207

RSA 541-A:30-a

Frl 207.02

RSA 325:34, III

Frl 207.08

RSA 325:33-a

Frl 208

RSA 541-A:30-a

Frl 208.02

RSA 325:34, II

Frl 208.03 (b)

RSA 325:34, VII

Frl 209

RSA 541-A:30-a

Frl 209.03 (b)

RSA 325:34, VII

Frl 210

RSA 541-A:30-a

Frl 211

RSA 325:33

Frl 212

RSA 541-A:16, I (c)

Frl 213

RSA 541-A:16, I (b)

Frl 214

RSA 541-A:16, I (d)

Frl 215

RSA 541-A:16, I (d)

Frl 216

RSA 541-A:11, VII

 

 

Frl 301.01

RSA 325:9, I

Frl 301.02

RSA 325:31

Frl 301.03

RSA 325:9, IX

Frl 301.04

RSA 325:31

Frl 301.05

RSA 325:30

Frl 301.06

RSA 325:30

Frl 301.07

RSA 325:31

Frl 301.08

RSA 325:31

Frl 301.09

RSA 325:9, III

Frl 302.01

RSA 325:9, I

Frl 302.02

RSA 325:9, II, RSA 325:13

Frl 302.03

RSA 325:9, III, RSA 325:13, VI

Frl 302.04

RSA 325:13

Frl 303.01

RSA 325:9, I

Frl 303.02

RSA 325:14

Frl 303.03

RSA 325:9, III, RSA 325:14, II

Frl 304

RSA 325:9, IX-a

Frl 307.01

RSA 325:9, V, RSA 325:12-a

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;
RSA 325:17

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 II

 

Rule

Title

Obtain at

Frl 501.01

“Code of Professional Conduct”, as amended
March 10, 2008

National Funeral Directors Association

Free online at: http://www.nfda.org/Portals/0/NFDAORG/About/codeconduct_2012.pdf