State
Board of Registration of Funeral Directors and Embalmers
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
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
(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
(g)
“Executive director” means a person designated by the commissioner of
the department of health and human services to perform administrative functions
for the board.
(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
PART
Frl 103 AGENCY ORGANIZATION
Frl 103.01 Description. The
(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
(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 144 hours 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
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 - EXPIRED
PART
Frl 201 PURPOSE, SCOPE AND DEFINITIONS
Frl 201.01 - 201.04
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
PART
Frl 202 APPEARANCES BEFORE THE AGENCY
Frl 202.01
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. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 203 TIME PERIODS
Frl 203.01 - Frl 203.03
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 204 FILING AND SERVICE OF DOCUMENTS
Frl 204.01 - 204.03
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 205 PLEADINGS, COMPLAINTS AND
MOTIONS
Frl 205.01 - 205.03
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 206 ADJUDICATIVE PROCEEDINGS
Frl 206.01 - 206.15
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 207 PRESIDING OFFICER
Frl 207.01 - 207.04
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 208 RECONSIDERATION AND STAY
Frl 208.01 - 208.03
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 209 CONSOLIDATION AND SEVERANCE
Frl 209.01 - 209.02
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 210 NONADJUDICATIVE INVESTIGATIONS
AND HEARINGS
Frl 210.01 - Frl 210.05
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 211 RULEMAKING
Frl 211.01 - 211.03
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 212 WAIVER OF SUBSTANTIVE RULES
Frl 212.01
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
PART
Frl 213 DECLARATORY RULINGS
Frl 213.01 - 213.02
Source. #6928, eff 1-1-99, EXPIRED: 1-1-07
CHAPTER Frl 300
REGISTRATION AND LICENSURE
PART Frl 301 APPRENTICE EMBALMER
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
(1) Name, address, date of birth, place of birth,
place of employment and telephone number;
(2) Name and location of high school, academy or
college attended;
(3) Date of diploma, certificate or degree, with
copy of diploma, certificate or degree attached;
(4) Name, address and date of employment by
apprentice sponsor;
(5) Affidavit accepting apprentice for one year
apprenticeship term by sponsoring licensed embalmer;
(6) Affidavit indicating the applicant
acknowledges the apprenticeship requirements and affirms the application
is completed accurately.
(b) Applicant shall
submit the apprentice licensing fee as cited in Frl 307.01.
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. #8257, eff 1-15-05
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
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 shall serve a one year
apprenticeship. One year shall equal 50
weeks, where funeral directing and/or embalming is the principal occupation.
(c) Upon receipt of full-time status, a student
may request, in writing, approval to serve minimum intervals of 8 consecutive
weeks of apprenticeship, where funeral directing and /or embalming is the
principal occupation. The board shall
grant up to 3, 8 consecutive week intervals per requesting student.
(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 embalmer apprentice 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 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
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). 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
Frl 301.04 Additional
Requirements.
(a) Each apprentice
embalmer shall assist in embalming 25 bodies according to (e) below.
(b) Each apprentice
embalmer shall solo embalm 25 bodies according to (e) below.
(c) Each apprentice
embalmer shall arrange the details required for conducting 12 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 12 Apprentice Funeral Directing Forms as follows:
(1) Number of this consecutive apprentice funeral
directing form;
(2) Name and license number of apprentice;
(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, check 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 funeral participation, check all that
apply;
a. Assisted in filing death certificate;
b. Assisted in obtaining burial permit;
c. Assisted family with selection of
merchandise;
d. Assisted with arrangement conference;
e. Arranged for clergy;
f. Arranged for organist;
g. Arranged flowers;
h. Checked/recorded flowers;
i. Arranged for military honors;
j. Parked cars;
k. Assisted with office work;
l. Ordered casket/vault;
m. Carried casket;
n. Directed traffic;
o. Drove family car;
p. Drove hearse;
q. Prepared newspaper notices;
r. Received visitors;
s. Drove service car;
t. Seated guests at service;
u. Contacted cemetery;
v. Arrange for cremation;
w. Arranged for fraternal services; or
x. Assisted with Social Security and Veterans
Administration forms;
(13) Signature of apprentice 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, as follows:
(1) Number of
this consecutive unassisted or assisted apprentice embalming form;
(2) Current
apprenticeship license effective date;
(3) Name and
license number of apprentice;
(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, check 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, indicate 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) Occurred
during embalming, check all that apply;
a. Clearing;
b. Purge;
c. Distention of face or hands;
d. Firming;
e. Leakage; or
f. Vascular problems.
(23) How were
any problems encountered, rectified, describe;
(24) Check 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, made incisions, raised
vessels.
(25) Embalming
operation complications, indicate yes or no;
(26) Describe
embalming complications and methods used for correction;
(27) Signature of
apprentice and date; and
(28) Signature
of sponsor and date.
(f) These forms are provided by the board and
shall be submitted to the board office on a quarterly basis.
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
Frl 301.05 Effective.
(a) Licenses shall be issued by the board for a
one year period.
(b) Apprenticeships shall become effective retroactive
to the date that the completed application was received in the board office.
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
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
and shall be signed by the requesting apprentice.
(b) Apprenticeships shall be completed within a
contiguous 5 year period unless the apprentice petitions the board, in writing,
and shows cause why the board should extend special consideration. Written cause shall include justification for
personal, financial, or medical hardship.
In accordance with RSA 541-A:29, the board shall request that the
apprentice appear before the board.
(c) Once the 5 year period is exceeded, if the
board does not grant a special exception, the apprentice 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
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.
(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
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
Frl 301.09 Examination.
(a) No prior examination shall be required to
become an 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. #8257, eff 1-15-05
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
(1) Name,
address, telephone number, date and place of birth, date and place of
naturalization;
(2) Name and
location of high school attended and date received diploma;
(3) Name and
location of college attended, date and type of degree received, with official
transcript attached;
(4) Name and location
of mortuary school attended, date of degree or diploma if different from Frl
302.01(a)(3), with official transcript attached;
(5) List all
states currently licensed;
(6) Certified
copy of the Conference of Funeral Service Examining Board certification form
with a raised seal;
(7) Affidavit
indicating apprentice has successfully completed the requirement set forth in
Frl 301.03 and Frl 301.04 by sponsoring
(8) Certified
copy of applicant’s birth certificate with raised seal;
(9) Affidavit
of good professional character by
(10) Affidavit
of good professional character by
(11) Denial or
affirmation with explanation upon request of the following:
a. Conviction of a felony, or crime involving
moral turpitude;
b. Past or current impairment by, or diversion
of chemical substances; and
c. Mental and physical competence to practice
embalming.
(12) By their
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”, and
(13) Signature
and date on the form.
(b) The applicant shall
submit the embalmer licensing fee as cited in Frl 307.01.
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. #8257, eff 1-15-05
Frl 302.02 Qualifications.
(a) 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
Frl 302.03 Requirements.
(a) 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
Frl 302.04 Practical/Oral
Examination.
(a) Each applicant
shall have served at least 10 months of 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.
(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 to reapply 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
PART Frl 303 FUNERAL DIRECTOR
Frl 303.01 Application
for Funeral Director.
(a) An application
for funeral director 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
Frl 303.02 Qualifications.
(a) 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
Frl 303.03 Written
Examination.
(a) The written
examination shall consist of questions derived from RSA 289, RSA 290, RSA 325,
RSA 325-A, RSA 611, RSA 611-A, Frl 100-700 and vital records administrative
rules He-P 7006;
(b) Each applicant
shall submit the written examination fee as cited in Frl 307.01 for each
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
PARTS Frl 304 - 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 |
|
License Fee |
$100 |
$75 |
$100 |
|
Practical Examination |
|
$150 |
|
|
Written Examination |
|
|
$150 |
|
Renewal License |
$50 |
$75 |
$150 |
|
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 |
New. #6928, eff 1-1-99, EXPIRED: 1-1-07
New. #9387, eff 2-13-09
PART Frl 308 - RESERVED
Source. #2344, eff 4-15-83; ss by #2986, eff 3-18-85;
ss by #4357, eff 1-20-88, EXPIRED: 1-20-94
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
Frl
403.02 Definitions.
(a) "Board approved programs and/or
courses" means continuing education which has been reviewed and
recommended by the continuing education review committee and approved by the
board.
(b) "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
(c) "Continuing education review committee
(CERC)" means a group of at least 2 individuals or board members appointed
by the board to review programs and/or courses and make recommendations
relative to the standards of such continuing education.
(d) "Continuing education unit (CEU)"
means one hour of satisfactory participation in an accredited and/or approved
program of continuing education.
(e) "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 CEUs.
(f) "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)
Frl 403.03 Renewal Requirements.
(a) The board shall not issue license renewals
until proof has been submitted, indicating the completion of approved
continuing education programs/courses during the year immediately preceding the
application for renewal as required by Frl 403.03(i).
(b) A list of continuing education units earned
shall be submitted with each year's renewal application on a form provided by
the board.
(c) The list required by (b) above shall contain
the following information:
(1)
Identification of the program/course completed;
(2) Date of
completion;
(3) Location of
the program and/or course, didactic or web-based; and
(4) CEUs
earned.
(d) In addition to Frl 403.03(c) the licensee
shall submit proof of successful program/course completion. The licensee shall maintain such documentation
for a period of not less than two (2) years.
(e) Proof of successful program/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 CEUs the program has been assigned.
(f) A renewal application not in compliance with the
requirements of Frl 403.03(c) shall not be accepted or processed and shall be
returned to the applicant.
(g) Continuing education shall be required of all
licensed funeral directors or licensed embalmers who apply for a license
renewal.
(h) Licensees submitting applications for the
first annual licensure renewal after initial
(i) All licensees licensed in
(j) Continuing education credits shall not be
recognized for the same program attended or completed within 2 consecutive
calendar years.
(k) Continuing education approval is granted on a
calendar year basis ending December 31st.
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)
Frl 403.04 Home Study/Internet
Continuing Education.
(a) Continuing
education credit shall be granted for the completion of home study or online
internet programs/courses, provided that such programs require the completion of
a written exam by the funeral director and/or embalmer to be scored by the
provider of such programs.
(b) Satellite
transmissions which provide for group discussion and include a facilitator
shall be granted credit.
(c) A maximum of 5
hours in this category may be applied toward fulfilling the total continuing
education yearly requirements.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl 403.05)
Frl 403.05 Postgraduate
Funeral Science Curricula.
A funeral director and/or embalmer who matriculates in a
postgraduate funeral science curriculum or program shall be awarded CEUs 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)
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
December 31st of a calendar year. The letter of request shall
include documentation from the licensee's physician to verify the illness and
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(i) 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 in a calendar year; and
(2) The licensee has provided a plan for
compliance with the rule including 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)
Frl 403.07 Reinstatement. Any individual desiring reinstatement of
his/her license shall show evidence of completion of at least the following
minimal CEU requirements:
(a) Individuals who
have not held an active license for 6 or less years shall complete 4 CEUs of
Occupational Safety and Health Association (OSHA) 29 CFR Part 1910 compliance
training, 4 CEUs of bloodborne pathogen training, 4 CEUs of Federal Trade
Commission (FTC) 16 CFR Part 453 compliance training, 2 CEUs of current
didactic compliance training of Secretary of State, Division of Vital Records
Administration automated death registration submission procedures and 4 CEUs of
current funeral and cremation trends.
(b) Individuals who
have not held an active license for more than 6 years shall, in additional to
the requirements set forth in Frl 403.07(a), complete and pass a practical examination
and 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)
Frl 403.08 Penalty. Any funeral director and/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 402.02.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09 (from Frl 403.10)
Frl 403.09 Continuing
Funeral Service Education Requirements.
(a) In order to
obtain continuing education credit according to Frl 403.03(f) and (g) the
funeral director and/or embalmer shall submit a written request for approval of
programs/courses.
(b) The written
request shall at a minimum contain the following:
(1) The
name of the provider;
(2) The
title(s) of the program(s)/course(s);
(3) Date
and location of the program(s)/course(s);
(4) The
number of CEUs requested for the program(s)/course(s);
(5) The name
of the program(s)/course(s) coordinator;
(6) A
copy of the program(s)/course(s) description, agenda and handout materials;
(7) A
biographical sketch of each presenter: and
(8)
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.
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;
(ii)
Vault types and materials;
(iii)
Selection room guidelines;
(iv)
Urns; and
(v)
Display.
2. Product;
3. Price;
4.
Pricing methods;
5. Distribution; and
6. Promotion of funeral service to include advertising,
public relations and customer relations.
(2)
Management of facilities to include;
a.
Requirements of facilities and equipment, including;
1. Requirements for state licensure;
2. Provisions of the Americans with Disabilities
Act applicable to funeral service; and
3. 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 / removal of remains from place of death;
c. Arrangement
conference / 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 / Estate Procedures;
(7) Disaster
procedures to include;
a. Role
of funeral professionals and other personnel;
b.
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, 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; and
c. Laws
and rules.
(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; and
(27) Insurance
seminars that are relevant to pre-need funeral services.
(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
(6)
Courses involving cemetery operations and procedures shall not be
construed as allowable topics under the Funeral Service Management Curriculum
in that regulation of cemeteries is not in the scope of regulation and
authority of the NH Board of Registration of Funeral Directors and Embalmers;
(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,
business meetings to include association meeting, sales meetings, or exhibits
displayed at such activities.
(e) The board shall
monitor, inspect, or review any approved continuing education course or program
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
course or program 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)
Frl 403.10 Requirement
for Funeral Service Course or Program Approval.
(a) A continuing
education course or program shall be recognized and approved by the Board upon
submission of a completed application for approval of said course or program,
provided that said sponsor meets all the following requirements:
(1) The
sponsor establishes and maintains an accurate record of 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
course or program to each person who attends the entire course or program;
(3) Names
and signatures of persons authorized to certify attendance forms are completed
and submitted for each date, time and location the program 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
course or program until the course or program is completed;
(6) The
course or program meets all applicable requirements of Frl 403.09(c); and
(7) The sponsor
maintains a copy of the course or program outline, and all records required by
Frl 403.09(b) for a period of at least two years from the date on which the
course or program is presented.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09
Frl 403.11 Continuing
Funeral Service Education Appeal Process.
In the event that an application for approval of a specific
continuing education course or program, or for approval as a sponsor of
continuing education courses or programs, is denied by the board, the applicant
shall have the right, upon written request, received by the board within
30 days of the applicant’s receipt of denial, to have the board’s decision
reviewed and reconsidered. As part of said
review process, the applicant may appear personally before the board and shall
have the right to present any additional information which may reasonably have
a bearing on the issue of whether the application for approval should be
granted. The decision by the board on
appeal shall be final and is not further appealable.
Source. #6516, eff 5-24-97, EXPIRED: 5-24-05
New. #9387, eff 2-12-09
PART Frl 404 - 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; amd by #4937, eff 9-24-90,
EXPIRED: 9-24-96
CHAPTER
Frl 500 - 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
CHAPTER
Frl 600 - 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
CHAPTER Frl 700 - 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
CHAPTER Frl 800 - RESERVED
CHAPTER Frl 900 RESOMATION FACILITY REGULATIONS
PART Frl 901
RESOMATION FACILITY REGULATIONS - EXPIRED
Source. #9025, EMERGENCY RULE, eff 11-9-07, EXPIRED:
5-7-08
APPENDIX
|
Rule |
|
|
|
|
|
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; 325:13 |
|
Frl 302.03 |
RSA 325:9, III; 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; 325:14, II |
|
Frl 307.01 |
RSA 325:9, V, RSA
325:12-a |
|
|
|
|
Frl 403.01 |
RSA 325:9, IV |
|
Frl 403.02 |
RSA 325:9, IV |
|
Frl 403.03 |
RSA 325:9, IV, RSA
325:25, 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; RSA
325:9, X |
|
Frl 403.08 |
RSA 325:32, II |
|
Frl 403.09 |
RSA 325:9, IV |
|
Frl 403.10 |
RSA 325:9, IV |
|
Frl 403.11 |
RSA 325:9, IV |
|
|
|