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 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
(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 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
(2)
Is not a
(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
(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
(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
(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
(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
(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
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.02 Personnel.
(a)
Upon employment of licensed personnel, funeral home
owners or managers shall provide the board with the following
information regarding those personnel:
(1) Name(s);
(2) Position(s);
(3) License certificate number(s); and
(4) Full-time or part-time status.
(b)
All certificates of licensure of a funeral director, embalmer, or
apprentice employed by the funeral home shall be displayed in a place clearly
visible to the general public. In instances of multiple funeral homes, a
photocopy of the license shall be displayed at each remote location, with the
original displayed within the primary funeral home.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl 602.03 Operations. The sale or provision of the following goods
or services shall require licensure as a funeral home, except as provided in
RSA 290:
(a)
Consulting with members of the general public about, or making
arrangements concerning the disposition of human remains, including
arrangements for cremation, for compensation;
(b)
Removing a deceased human body from a place of death;
(c)
Transporting human remains;
(d)
Embalming human remains;
(e)
Performing restorative and cosmetic work on human remains, including hairdressing;
(f)
Dressing human remains;
(g)
Casketing human remains;
(h)
Making burial, cemetery, cremation or anatomical gift arrangements at
the request of the decedent or decedent’s family, or any other person(s) of
proper legal authority pursuant to RSA 290:16 IV;
(i) Providing of professional vehicles in connection
with a funeral service;
(j) Arranging for religious services
and clergy for funeral or memorial services and the final disposition of human remains;
(k)
Providing assistance during visiting hours and at the funeral service,
and for other funeral service related functions and responsibilities;
(l)
Securing and processing required documents, such as death certificates,
burial permits, certified copies of the death certificate, and documents for
foreign shipment of human remains;
(m)
Making arrangements with medical examiners;
(n)
Preparing, negotiating or executing any
pre-need funeral contract, or receiving any funds tendered as payment for the funeral
goods or services identified in such a pre-need funeral contract; or
(o)
Engaging in such other activities considered to be a part of the
business, practice, science or profession of embalming or funeral directing as
commonly practiced.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.04 Licensed Personnel. All aspects of funeral directing and
embalming, arranged and conducted by a funeral home, shall be conducted by a
licensed funeral director or licensed funeral apprentice. Unlicensed personnel may
assist in conducting a funeral service or visitation, but only in the presence
of a licensed funeral director or licensed funeral apprentice.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.05 License Required. Any funeral service, shipping service, direct
disposition service, trade service, or any service which prepares dead human
bodies for final disposition, shall be licensed as a funeral home. Nothing herein contained shall be construed
or interpreted to prohibit the practice of funeral directing and embalming by
more than one funeral home from the same physical location. Licensed funeral directors or licensed
embalmers leasing space in a licensed funeral home, but providing funeral
service independently as a separate business, shall be engaged in the operation
of a separate and distinct funeral home, and therefore shall obtain a funeral
home license and shall be subject to inspection as required under Frl 603.01.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.06 Notification. Any person desiring to construct or purchase
a funeral home shall notify the board in writing.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.07 Issuing a License. A license shall be issued upon successful
completion of an inspection pursuant to Frl 603.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.08 Accessibility. A funeral home shall be accessible to
individuals with disabilities to the extent required by all applicable
provisions of the Americans with Disabilities Act 42 U.S.C.12101 et seq., 28
CFR Part 35, and all applicable provisions of any other federal, state, or
local laws and regulations.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.09 Preparation Room. A funeral home shall include a preparation
room equipped as defined in Frl 700.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.10 Chapel. A funeral home shall include a chapel or room
specifically for providing or conducting visitation, a funeral service, or
memorial service.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl 602.11 Sanitary Facilities. A funeral home shall contain such toilets,
lavatories and other sanitary facilities for men and women as may be required
by applicable federal, state, and local laws and regulations.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.12 Funeral Home Maintenance.
(a)
The general interior of the funeral home shall be continually maintained
to ensure that public and non-public areas are clean and safe. All flooring, walls, and ceilings shall be
free of holes, peeling paint, or any other deterioration beyond reasonable wear
and tear. All outside openings shall be
screened, covered, or otherwise sealed to prevent the entrance of insects or
rodents.
(b)
The general exterior and overall grounds of the funeral home shall be
continually maintained to ensure that areas of public travel are free of debris
and hazards that could cause possible injury.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.13 Documentation.
(a)
A funeral home shall retain and offer for review and retention all
documentation stipulated by the Federal Trade Commission and the Funeral Rule
16 CFR 453. Said documentation shall be in compliance with the rules set forth by the Federal
Trade Commission and the Funeral Rule 16 CFR 453.
(b)
Any funeral chapel or location operating as a separate facility directly
associated with a funeral home shall offer for review and retention to
consumers, all documentation required by the Federal Trade Commission and the
Funeral Rule 16 CFR 453, and said documentation shall depict the legal name,
address and phone number of all locations affiliated with the funeral
home.
(c)
All services and associated costs offered to the consumer by a funeral
chapel or location operating in direct association with a funeral home shall be
the same as those being offered by the primary funeral home.
(d)
All websites directly related to a funeral home shall be maintained with
current documentation and information associated with the funeral home, funeral
chapel or location, and said documentation shall be in
compliance with the rules set forth by the Federal Trade Commission and the
Funeral Rule 16 CFR 453.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.14 Documentation Retention.
(a) Price lists shall be retained for a minimum
of three years following the date on which they are no longer effective.
(b) Itemized statements of funeral goods and
services shall be retained for a minimum of six years from the date on which
arrangements were made.
(c) All documents, pre-need and
at-need, shall be maintained on the premises and made available for
inspection.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
602.15 Signage. Every funeral home shall maintain a clearly
legible exterior sign displaying the legal name of the funeral home. The sign shall be placed in a location that
is clearly visible to the public.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
PART
Frl 603
INSPECTION
Frl
603.01 Funeral Home Inspections.
(a) The board shall inspect every funeral home
or chapel where funeral directing is conducted or where embalming is practiced
at least once every 3 years but no more than 2 times per year unless just cause
such as evidence of repeated complaints.
Inspections shall be performed by members of the board or the board’s
appointed designee, and shall be conducted in the
presence of the owner(s) or a licensed New Hampshire funeral director employed
by the funeral home.
(b)
Upon notification from the applicant that the establishment for which
they have requested a license is ready for inspection, the board shall conduct
an inspection pursuant to Frl 603.
(c) Once every 3 years the board shall request
each licensee’s consent to conduct a routine inspection and if such consent is
given, the board shall conduct an inspection.
(d)
If a request pursuant to (c) above is denied, or if the board determines
it is necessary to conduct a surprise inspection, the board shall obtain an
administrative warrant pursuant to RSA 595-B and shall then conduct the
inspection.
(e)
Any inspection shall be conducted, pursuant to Frl
603, during regular business hours for the purpose of inspecting such records
and conducting such investigations as may reasonably be necessary to ensure
that the funeral home or chapel, and its owners and employees, are in compliance with all applicable requirements set forth
in Frl 700 and all other applicable federal, state,
and local laws or regulations.
(f)
The inspection report shall be completed by a board member or the
board’s authorized designee and shall include the following:
(1) The name of the funeral home or chapel, its
physical address, telephone number, fax number, e-mail, and web site address;
(2) The funeral home or chapel license number, the
date and time of inspection, the type of inspection, and type of ownership;
(3) The name, position, license number and hours
worked for each employee of the funeral home or chapel;
(4) The name and address of the financial
institution where pre-need funds are deposited including name of any licensed
insurance agent;
(5) Whether the funeral home or chapel displays
certificates of inspection and certificates of licensed individuals in
accordance with Frl 602.02 (b) and Frl 603.02;
(6) Whether the funeral home or chapel complies
with the Americans with Disabilities Act;
(7) Whether the funeral home or chapel complies
with Frl 602.10, Frl
602.11, Frl 602.12 (a) and (b);
(8) Whether the funeral home or chapel maintains
a clearly legible exterior sign in accordance with Frl
602.15;
(9) Whether the funeral home or chapel maintains
a preparation room in compliance with Frl 701.01
(a)-(r);
(10) Whether the funeral home or chapel maintains
proper sanitation and universal precautions in compliance with Frl 701.02 (c)-(f);
(11) Whether the funeral home or chapel maintains
a general price list, casket price list, outer burial container price list, and
statement of funeral goods and services selected disclosures in compliance with
the Funeral Rule 16 CFR 453;
(12) Obtain copies of the general price list,
casket price list, statement of funeral goods and services selected, outer
burial container price list and pre-need funeral contract;
(13) Whether the funeral home or chapel complies
with the web site requirements in Frl 602.13 (d);
(14) Whether the funeral home or chapel complies
with the pre-need funeral contracts requirements in RSA 325:46-a I and funds
deposited in accordance with RSA 325:45;
(15) The date of inspection and signature of
inspector; and
(16) The date, signature, and title of funeral
home representative, which shall represent the funeral home representative’s
acknowledgement that he or she was present during the inspection.
(g)
Funeral home inspection fees shall be as specified in Frl 307.01, Table 307-2.
(h)
Interference with, or the obstruction of, a board member or an
authorized designee in the performance of their respective duties by an owner,
agent, or employee of the funeral home or chapel shall be considered sufficient
cause for suspension or revocation of the funeral director’s license.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15;
ss by 13252, eff 8-13-21
Frl 603.02 Approval. Upon the board’s approval of such funeral
home or chapel, the board shall issue a certificate of inspection that shall be
displayed in a place viewable by the general public
within each facility licensed by the board.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
603.03 Failure. Upon the failure of such an inspection the
board shall notify the owner or
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
603.04 Reinspection.
(a)
A funeral home or chapel that fails inspection shall be reinspected by a
board member and the initial inspector, after receipt of notification that the
cited deficiencies have been corrected.
In any event, the reinspection shall be performed by at least 2 members
of the board.
(b)
At the board’s discretion, photographs of the correction of the cited
deficiencies may be submitted, and the board and the original inspector may
approve the corrective actions without the requirement of an in
person reinspection, so long as the photographs clearly demonstrate that
the cited deficiencies have been corrected.
In such case, no reinspection fee shall be required.
(c)
As specified in Frl 307.01, Table 307-2 the reinspection
fee shall be $100.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
Frl
603.05 Emergency Action.
If
it is determined that the public health’s safety or welfare requires emergency
action the board shall suspend the license of the funeral director in
accordance with RSA 541-A:30, III, and the funeral home or chapel shall
not be allowed to operate until all deficiencies noted within the inspection
report are rectified and a reinspection by a board member and the initial
inspector has been completed and has determined that all corrective actions
have been completed.
Source. #1689, eff 12-22-80;
ss by#2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #10988, eff 12-7-15
CHAPTER
Frl 700
PREPARATION ROOM
Statutory Authority: RSA
325:16
PART Frl 701 REQUIREMENTS
AND EQUIPMENT
Frl
701.01 Preparation Room Requirements
and Equipment. A funeral home shall
have a preparation room meeting the following minimum requirements:
(a)
The preparation room shall be adequate in size and lighting to
accommodate all necessary equipment and instruments to properly embalm and or
prepare deceased human bodies for burial, cremation or
other final disposition. There shall be
storage shelves or cabinets for all supplies, instruments, and equipment;
(b)
The walls and ceiling shall be as air-tight as
possible. The walls shall run from floor
to ceiling and shall be of finished tile or other material finished with
enamel, enamel paint, or other waterproof material, and contain no open seams,
cracks or chips;
(c)
The floor shall be constructed of tile, cement, linoleum, or like
composite materials which are impervious to water or covered with materials
which are impervious to water. Flooring
materials shall not contain cracks, chips or the like which would allow for
fluids to seep into the exposed area making proper cleaning of the floors impossible;
(d)
Any preparation room constructed after May 17, 2010
shall be heated and air-conditioned;
(e)
Any preparation room renovated after October 31, 2018
shall be heated and air-conditioned;
(f)
The preparation room shall be vented with an exhaust fan. All fumes shall be ventilated to the outside
atmosphere. The location of the exhaust fan shall be at the foot-end of the
embalming table and in close proximity to the area of
the embalming waste sink. The construction of the preparation room shall be
such that odors cannot enter the rest of the building. Any new construction shall have an exhaust
fan located at the foot-end of the embalming table below the level of the table;
(g) All opening windows and outside doors shall
be adequately screened and shielded from outside viewing;
(h) The preparation room shall be strictly
private and locked at all times. A “private” sign shall be posted on the
door(s) entering the preparation room. No one shall be allowed in the
preparation room while the body is being embalmed except the licensed
embalmers, licensed funeral directors or apprentices;
(i) The embalming table shall have a top composed
of stainless steel, porcelain or other rustproof material, and the
edges shall be raised at least 3/4 inch around the entire table. The embalming
table shall be free of cracks or chips making proper cleaning impossible. There shall be a drain opening in the table;
(j) A hydro-aspirator or electric aspirator equipped with at least one air breaker shall be
present. A drainage tube shall be
connected to the aspirator and shall be long enough to extend from the
aspirator into the drain. Documentation
of annual back flow functional testing or inspection shall be available for
review by the inspector;
(k)
An embalming waste sink shall have a minimum depth necessary to
eliminate potential back splash and overflow.
A drainage hose shall be attached to all drain openings in the embalming
table and be long enough to extend into the embalming waste sink to base of the
drain. If the embalming table cannot
accommodate a drainage hose leading to the base of the embalming waste sink or
if the embalming waste sink is not deep enough to eliminate potential back
splash and overflow, the embalming waste sink shall have a plexiglass cover
with a hole to accommodate the drain hose(s) from the embalming table. An acceptable alternative to an embalming
waste sink shall be a direct connection from the embalming table drain openings
to the public sewer system or a septic system if a public sewer is not available;
(l)
The building drainage shall be connected to the public sewer or a septic
system if a public sewer is not available;
(m)
The preparation room shall have hot and cold running water;
(n)
The preparation room shall have a separate sink, in
addition to the embalming waste sink, for personal use with hot and cold
running water;
(o)
The preparation room shall have a first aid kit and
eyewash station;
(p)
Only equipment and supplies necessary for the preparation or care of dead
human bodies for disposal or transportation shall be kept
within the room. Said equipment shall be
maintained in a sanitary manner and be safe for use at all times;
(q) All bodies in the preparation room shall be treated with proper care and dignity and
shall be properly covered at all times;
(r)
The preparation room shall contain the necessary equipment and supplies
to meet all OSHA requirements; and
(s)
All OSHA material safety data sheets shall be available in a location
outside of the preparation room.
Source. #1689, eff 12-22-80;
ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88,
EXPIRED:
1-20-94
New. #9716, eff 5-17-10;
ss by #12673, eff 11-20-18
Frl 701.02 Sanitation and Universal Precautions. Requirements to control the spread of
infectious agents within the preparation room and to protect all staff
responsible for the handling of deceased human remains shall include the
following:
(a)
All persons engaged in the embalming of a dead human being shall take
all necessary, universal precautions including, but not be limited to, wearing:
(1) Smock, apron, or gown capable of covering the
person from the neck to the knees;
(2) Impervious gloves; and
(3) Appropriate protective eye wear.
(b)
All personnel shall take universal precautions including, but not
limited to:
(1) Using gloves and gowns;
(2) Washing hands;
(3) Cleaning surfaces with hot water and soap or
suitable detergent; and
(4) Sterilizing instruments.
(c)
Covered receptacles for refuse, trash and soiled linens shall be located in the preparation room.
(d)
A covered receptacle solely for the containment of bio-hazardous materials, and made of material impervious to leakage of
said materials, shall be clearly marked “hazardous materials”. All bio-hazardous materials shall be
destroyed in accordance with Env-Hw 100-1100, RSA
147-A and OSHA-Blood Borne Pathogens Standard 29 CFR 1910.1030.
(e)
The preparation room shall be maintained in a clean and sanitary
condition. All embalming tables, sinks, receptacles
and other appliances used in embalming and temporary holding of dead human
bodies shall be thoroughly cleaned with hot water and disinfectant. Suitable
equipment and chemical sterilents shall be available
to sterilize instruments immediately following their use.
(f)
Universal precautions as described under OSHA regulations shall be
maintained in sufficient numbers in all removal vehicles. At a minimum, these
shall include coverall suits, shoe coverings, and high fluid-impervious gloves.
Source. #9716, eff 5-17-10;
ss by #12673, eff 11-20-18
Frl
701.03 Exception. A stand-alone chapel of a funeral
establishment, with the same ownership, shall be permitted to operate without
maintaining a preparation room.
Source. #9716, eff 5-17-10;
ss by #12673, eff 11-20-18
CHAPTER Frl 800 CREMATORIES
Statutory Authority RSA 325-A:28
REVISION NOTE:
The rules governing crematories,
formerly numbered He-P 700 and filed by the Department
of Health and Human Services under Document #8480, effective 11-5-05, had
expired on 11-5-05. Prior to the filing
of the rules in Document #8480, the rules had been numbered and filed as He-P
600 under Document #4166, effective 11-6-86, and had expired 11-6-92.
The rules in Chapter Frl 800 were adopted and filed in Document #10945,
effective 10-9-15, by the State Board of Registration of Funeral Directors and
Embalmers. The rules in Document #10945
replace all prior filings on crematories.
PART Frl 801 CREMATORY REGULATIONS
Frl 801.01 Purpose. The purpose of this part is to set forth the
requirements for all crematories pursuant to RSA 325-A.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.02 Definitions.
(a) “Authorizing agent” means “authorizing agent”
as defined in RSA 325-A:1, II.
(b) “Board” means “board” as defined in RSA
325-A:1, III.
(c) “Change of ownership” means the change in the
controlling interest of an established crematory.
(d) “Communicable disease” means “communicable
disease” as defined in RSA 141-C:2, VI.
(e) “Cremated remains” means “cremated remains”
as defined in RSA 325-A:1, V.
(f) “Cremation” means the technical process that
uses heat and evaporation to reduce human remains to bone fragments, and which involves
the processing of such remains by pulverization, leaving only bone fragments
reduced to unidentifiable dimensions, and the unrecoverable residue of any
foreign matter, such as eyeglasses, bridgework, or other similar material, that
was cremated with the human remains.
(g) “Cremation chamber” means the enclosed space
within which a cremation takes place.
(h) “Crematory” means a building or portion of a
building which contains a cremation chamber and holding facility.
(i) “Crematory operator”
means “crematory operator” as defined in RSA 325-A:1, XI.
(j) “Designated agent” means the individual
authorized to have custody and control of the human remains pursuant to RSA
290:17.
(k) “Funeral director” means “funeral director”
as defined in RSA 325:1, VIII.
(l) “Holding facility” means the area of a
crematory designated for the retention of human remains prior to cremation and
includes a refrigerated facility.
(m) “Human remains” means the body of a deceased
person, or human body part, in any stage of decomposition and includes limbs or
other portions of the anatomy that are removed from a person or human remains
for medical purposes during treatment, surgery, biopsy, autopsy, or medical
research.
(n) “Leak proof pouch” means a plastic, vinyl, or
similar material bag that is made specifically for the containment of human
remains.
(o) “Next-of-kin” means “next-of-kin” as defined
in RSA 290:16, IV.
(p) “Owner” means the individual, partnership or corporation with a controlling interest in
the crematory.
(q) “Suitable solid container” means a rigid
container, that is designed for the encasement and disposition of human remains
before cremation.
(r) “Urn” means a decorative container used for
placement of cremated remains that varies in size, styling, and composition.
(s) “Violations against a decedent” means actions
that desecrate or tamper with the human remains or personal effects, lead to
the misidentification of a decedent, or allow the commingling of cremated
remains of more than one decedent.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl
801.03 License to Operate a Crematory.
(a) Prior to performing cremations in a new
facility, a person desiring to operate a crematory shall comply with RSA
325-A:2 and apply to the board for a license.
(b) Each applicant shall submit a completed
application form entitled “Application for License to Operate a Crematory”
revised 7/2015, including the following:
(1) The name of the applicant;
(2) The mailing address of the applicant;
(3) The applicant’s telephone number;
(4) The applicant’s email address;
(5) The name of the crematory;
(6) The location of the
crematory, including the street number and name, town or city, state, zip code,
county, and the name of cemetery or funeral home if applicable;
(7) The name and address of
each crematory owner, and indicate ownership type individual, association,
partnership, corporation or other, if other explain;
(8) The name of the certified
crematory operator(s) pursuant to RSA 325-A:4; and
(9) The signature of:
a. The owner, if a private crematory;
b. Two officers, if a
corporation; or
c. At least one authorized
individual, if any other entity; and
(10) A fee of $100 for licensure.
(c) The crematory authority shall submit an
unexpired certified crematory operator certificate for each operator. A certificate shall be considered expired if:
(1) It is past its expiration
date listed on the certificate; or
(2) It is over 5 years from the
date of its issue.
(d) Every applicant and crematory operator shall
submit to the board a notarized criminal history record release form and the
associated fee, as provided by the New Hampshire division of state police,
which authorizes the release of his or her criminal history record, if any, to
the board.
(e) The applicant shall mail or hand-deliver the
documents to:
Board of Registration of Funeral Directors and Embalmers
Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss
by #13252, eff 8-13-21
Frl 801.04 Approval
or Denial to Operate a Crematory.
(a) The board shall process the “Application for
License to Operate a Crematory” in accordance with RSA 541-A:29.
(b) Once a completed application is received, the
board shall schedule an inspection of the crematory pursuant to Frl 801.05.
(c) The board shall grant a license to operate a
newly constructed crematory following a successful inspection as described in Frl 801.05, (f).
(d) If a license is granted, the board shall:
(1)
Notify the applicant in writing of approval to perform cremations for 90
days; and
(2)
Schedule an inspection of the crematory as described in to Frl 801.05 (a) (2).
(e) If a license is denied, the board shall
notify the applicant in writing of:
(1) The
reason for the denial; and
(2) Any
deficiencies listed in the inspection report described in Frl
801.05 (g).
(f) The application fee described in Frl 801.03 (b) (10), shall be returned unless an inspection
was performed prior to denial of licensure.
(g) If an inspection was performed the board
shall retain an administrative fee of $25 for denied applications.
(h) The board shall notify the applicant in
writing of approval to operate a crematory following a successful inspection as
described in Frl 801.05 (f).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl
801.05 Inspections.
(a) A board member or its authorized designee shall
conduct an inspection of the crematory premises to ensure compliance with RSA
325-A and Frl 800 at the following times:
(1) After the completion of
construction, but prior to the performance of cremations;
(2) Within 90 days of granting
approval to operate;
(3) At any time after receiving
approval to operate in order to determine continued compliance;
(4) Upon notification of ownership change; and
(5) Once every 3 years.
(b) A crematory owner who
changes the location of his or her crematory, or who adds a crematory away from
the owner’s main or primary facility, or both, or who purchases a crematory,
shall request an inspection within 10 days of the close of the transaction or
relocation and shall submit a notification to the board which contains:
(1) The name and address of the crematory;
(2) The telephone number; and
(3) The name of the crematory owner(s), manager(s), and the names of
all certified crematory operators employed by the crematory, and the date their
certification expires.
(c) Upon notification from the applicant that the
crematory for which the applicant has requested a license is ready for
inspection, the board shall conduct an inspection pursuant to Frl 801.05.
(d) Once every 3 years, the board shall request a
crematory authority’s consent to a routine inspection and if such consent is
given the board shall conduct an inspection.
(e) If a request pursuant to (d) above is denied,
or if the board determines it is necessary to conduct a surprise inspection,
the board shall obtain an administrative warrant pursuant to RSA 595-B and
shall then conduct the inspection.
(f) The crematory inspection report shall contain
the following:
(1) The name of crematory,
physical address, mailing address, telephone number, fax number, crematory
e-mail, and web site address, if any;
(2) The crematory license
number and date and time of inspection;
(3) Whether the inspection is
for a new license, a renewal license, a change of ownership, or a re-inspection;
(4) The name of the inspector;
(5) The name of crematory owner
and manager;
(6) The make, model, and number
of cremation retorts;
(7) The name of any certified
crematory operator(s) and the date their certification expires;
(8) Whether the crematory has
established written policies and procedures in accordance with Frl 801.11 (b);
(9) Whether the crematory
conform to the requirements of New Hampshire department of environmental
services, Env-A 100 through Env-A 4805, governing the control of air pollution
pursuant to Frl 801.11 (c);
(10) Whether the crematory has
complied with the requirements of New Hampshire department of environmental
services, Env-Sw 904 for the management of infectious
waste pursuant to Frl 801.11 (d);
(11) Whether the crematory
maintains a holding facility in accordance with Frl
801.11 (e);
(12) Whether the crematory
maintains a refrigerated holding facility in accordance with Frl 801.11 (j);
(13) Whether the public access
is separated from the holding or refrigerated area pursuant to Frl 801.11 (k);
(14) Whether the cremation chambers and retorts are maintained
according to the manufacturers’ specification pursuant to Frl
801.11 (f);
(15) Whether the cremation
chambers and retorts are operational pursuant to Frl
801.11 (g);
(16) Whether the crematory
maintains a maintenance service log for each retort;
(17) Whether the crematory
floors are constructed of concrete and not covered with flammable material
pursuant to Frl 801.11 (h) (1);
(18) Whether the crematory
walls and ceilings are constructed of fireproof or fire
retardant materials pursuant to Frl 801.11 (h)
(2);
(19) Whether the crematory
maintains a book of records in accordance with Frl
801.12 (f);
(20) Whether the crematory
maintains copies of the medical examiner’s certificate of cremation and copies
of the burial transit permit for each cremation of human remains pursuant to Frl 801.12 (g);
(21) Whether the crematory
provides a receipt for the delivery of human remains in accordance with Frl 801.13 (d) and (e);
(22) Whether the crematory
maintains a record of written consent to cremate in accordance with RSA 325-A:22;
(23) The date of inspection and
signature of inspector; and
(24) The date and signature of
the crematory representative, which shall represent the crematory
representative’s acknowledgement that he or she was present during the
inspection.
(g) If a crematory meets the requirements as set
forth in RSA 325-A and Frl 800, the board shall
notify the crematory of the successful inspection in writing.
(h) Upon failure of the crematory to meet all the
requirements as set forth in RSA 325-A and Frl 800,
the board shall issue the crematory a written report of the deficiencies.
(i) The board shall reinspect a crematory that
failed a previous inspection at the written request of the crematory owner.
(j) If an inspection, as described in (a) (2)-(3)
above, finds violations of RSA 325-A or Frl 800, the
owner shall submit a corrective action plan in accordance with Frl 801.09 (b).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss
by #13252, eff 8-13-21
Frl
801.06 License Renewal.
(a) The crematory authority shall file a written application
to renew a license under this chapter every 5 years,
as set forth in RSA 325-A:5.
(b) The crematory authority shall submit a completed
application form entitled “Application for Renewal of Crematory License”
revised 7/2021, including the following:
(1) The name of the applicant;
(2) The mailing address of the applicant;
(3) The applicant’s telephone number;
(4) Social security number
pursuant to RSA 161-B:11, VI-a;
(5) The applicant’s email address;
(6) The name of the crematory;
(7) The location of the
crematory, including street number and name, town or city, state, zip code,
county, and the name of cemetery or funeral home, if applicable;
(8) The name and address of
each crematory owner;
(9) An indication of whether
the crematory is owned by an individual, association, partnership, or other
ownership type, and, if other, an explanation of the type of ownership;
(10) The name of each certified
crematory operator(s) pursuant to RSA 325-A:4; and
(11) The signature of:
a. The owner, if a private crematory;
b. Two officers, if a
corporation; or
c. At least one authorized
individual, if any other entity; and
(12) The applicant(s) shall
submit a fee of $500 with each application.
(c) The crematory authority shall submit an
unexpired certified crematory operator certificate for each operator and a
certificate shall be considered expired if:
(1) It is past its expiration
date listed on the certificate; or
(2) It is over 5 years from the
date of its issue.
(d) Every applicant and crematory operator shall
submit to the board a notarized criminal history record release form and the
associated fee, as provided by the New Hampshire division of state police,
which authorizes the release of his or her criminal history record, if any, to
the board.
(e) The applicant shall mail or hand-deliver the
documents to:
Board of Registration of Funeral Directors and Embalmers
Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
(f) Reinstatement and relicensure
shall be in accordance with RSA 325-A:14.
(g) Prior to reinstatement of a lapsed license,
the crematory authority shall pay the renewal fee and an additional $100 per
month from the date the license lapsed.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss
by #13252, eff 8-13-21
Frl 801.07 Fees.
(a) The fee for a duplicate crematory authority
license shall be $25.
(b) The fee for verification of a crematory
authority license shall be $50.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.08 Complaints
and Investigations.
(a) Complaints alleging misconduct by licensees
in violation of RSA 325-A or Frl 800 shall be in
writing and filed at the board’s offices in
(b) A complaint shall contain the following information:
(1) The
name, address, home and work telephone number of the complainant;
(2) The
name and business address of the crematory against whom the complaint is directed;
(3) A
description of the specific facts and circumstances which are believed to
constitute professional misconduct; and
(4) The
signature and date required by Frl 205.02 (a).
(c) The board shall dismiss a complaint if:
(1)
Taking the facts stated in the complaint are true, the complaint does
not state a violation of RSA 325-A or Frl 800;
(2) The
complaint fails to state sufficient information such that the board can
identify the crematory against which the complaint is filed; or
(3)
After investigation, the board determines that the complaint is
unfounded.
(d) If the investigation finds violations of RSA
325-A or Frl 800, the owner shall be required to
submit a corrective action plan in accordance with Frl
801.09 (b).
(e) If
the investigation finds violations of RSA 325-A or Frl
800, the crematory owner shall be subject to the relevant administrative
fines, as listed in Frl 801.09 (d) (2).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.09 Administrative Remedies.
(a)
The board shall impose administrative
remedies upon an owner for violations of RSA 325-A or Frl
800 as set forth in this section.
(b) A corrective action plan developed and
enforced in the following manner:
(1) The board shall provide the owner with a written notice that identifies each violation;
(2)
Upon receipt of a notice the owner shall submit a written corrective
action plan, specifying:
a. How
the owner intends to correct each violation;
b. What
measures will be put in place, or what system changes will be made to ensure
that the violation does not recur; and
c. The
date by which each violation shall be corrected;
(3) The
owner shall submit a written corrective action plan to the board within 21 days
of the date on the letter that transmitted the written notice;
(4) The
board shall review each corrective action plan and
reject any plan that fails to:
a.
Achieve compliance with RSA 325-A and Frl 800;
b.
Address all violations as cited in the inspection report;
c.
Prevent a new violation of RSA 325-A and Frl
800 as a result of this implementation; or
d.
Specify the date upon which the deficiencies will be corrected;
(5) If the corrective action plan complies with
(4) above, the board shall notify the owner in writing to implement the plan;
(6) If the corrective action plan does not comply
with (4) above:
a.
The board shall notify the owner in writing of the reason(s) for rejecting the corrective action plan; and
b.
The owner shall be subject to a directed corrective action plan in
accordance with Frl 801.09 (c) and a fine in
accordance with Frl 801.09 (d) (2);
(7) The
board shall verify the implementation of any accepted corrective
action plan by:
a.
Reviewing the corrective action plan submitted by the owner; and
b. Conducting
a follow-up inspection; and
(8) The
verification of implementation as described in (7) above shall only occur after
the date of completion specified by the owner’s plan;
(c) A directed corrective action plan imposed and
administered in the following manner:
(1) The
board shall develop a written plan that specifies the necessary actions the
owner shall take to correct identified violations;
(2) The
board shall notify the owner in writing to implement the plan; and
(3) The board shall verify the implementation
of the directed corrective action plan by conducting a follow-up inspection;
and
(d) A fine imposed and administered in the
following manner:
(1) The board shall provide the owner with a written notice
which:
a.
Identifies each violation;
b.
Specifies the amount of the proposed fine;
c.
Informs the owner of the right to a hearing in accordance with RSA 541-A and Frl 200 prior to imposition of
the fine; and
d.
Explains the automatic reduction of a fine by 50% if the fine is paid
within 10 days of the date on the written notice from the board, the owner
corrects the violations, and waives the right to a hearing;
(2) The
board shall impose fines in the specified amounts for the following
deficiencies:
a. For
failure to allow access to the crematory premises or to records maintained by
the crematory after the board has obtained an administrative warrant, in
violation of Frl 801.05 (d) and Frl
801.12 (h) respectively, the fine shall be $1000;
b. For
falsification of information contained on the application, in violation of Frl 801.11 (a), the fine shall be $1000;
c. For
falsification of any required documents, in violation of Frl
801.11 (a), the fine shall be $2000;
d. For
advertising services or otherwise representing that services
are provided when they are not, in violation of Frl
801.12 (i), the fine shall be $500;
e. For
failure to submit a corrective action plan within 21 days of the date on the
letter that transmits the inspection report, in violation of Frl 801.09 (b) (3), the fine shall be $100;
f.
Until an owner provides documentary evidence of compliance, each day
beyond 21 days that an owner fails to submit a corrective action plan, as
specified in Frl 801.09 (d) (2) e., shall be
considered a separate deficiency subject to an additional $100 fine to a
maximum fine of $ 2000;
g. For
failure to implement any corrective action plan that has been accepted or
issued by the board, in violation of Frl 801.09 (b)
(5) and Frl 801.09 (c) (2) respectively, the fine
shall be $100.
h. For
using the cremation chamber and retort for any purpose other than the cremation
of human remains, human pathological waste or human anatomical waste, in
violation of Frl 801.12 (c), the fine shall be $1000;
i. For
cremating more than one human remains, at one time in violation of Frl 801.12 (d), the fine shall be $20,000;
j. For
cremating or causing the cremation of human remains without obtaining a burial
permit or medical examiner certificate, in violation of RSA 325-A:18 and Frl 801.14 (a), the fine shall be $2000.
k. For
cremating human remains within 48 hours of death, in violation of RSA 325-A:18
and Frl 801.12 (e), the fine shall be $2000;
l. For
removing personal effects from human remains without the express written
consent of the authorizing agent, in violation of Frl
801.14 (d), the fine shall be $1000;
m. For
failing to cease operation after receiving an order from the board, in
violation of 801.10 (c), the fine shall be $200, and each additional day that an
owner fails to cease operation shall be considered a separate deficiency
subject to an additional $200 fine to a maximum fine of $20,000;
n. When
an inspection or investigation determines that a repeat violation of RSA 325-A
or Frl 800 has occurred within 2 years of the date of
the original violation, the fine shall be $2000;
o. For failure to establish, implement or
comply with the crematory policies and procedures, in violation of Frl 801.11 (b), the fine shall be $2000; and
p. If a
crematory authority seeks to reinstate a suspended license but does not file a
written request with 10 days, the fine shall be $100.
(3)
Payment of any imposed fine to the board shall meet the following
requirements:
a.
Payment shall be made within 30 days of receipt of notice;
b.
Payment shall be made in the form of check or money order for the exact
amount due; and
c.
Payment in a form other than cash shall be made payable to the
“Treasurer - State of
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.10 Enforcement
Action.
(a) The board shall order a crematory to suspend
operation when an inspection or investigation has found that:
(1) The
crematory failed to correct violations as required by an approved corrective
action plan or directed corrective action plan;
(2) The
crematory is cited for a violation against a decedent; or
(3) The
crematory is cited for a repeat violation of RSA 325-A or Frl
800 within 2 years of the original violation.
(b)
If a crematory is ordered to suspend
operation, the crematory may continue operating until an administrative hearing
is held and a final decision has been issued.
(c) The board shall order the temporary closure,
temporary suspension or temporary limitation of a
crematory when:
(1)
Continued operation of the crematory poses a threat to public health; or
(2) The
crematory is cited for repeated violations against decedents within 1 year.
(d) If a crematory is ordered to immediately
cease operation and close, the board shall hold an administrative hearing
within 10 working days of the date the order was issued.
(e) Other than immediate license suspensions
authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions
only:
(1) After prior notice and an
opportunity to be heard; or
(2) Pursuant to a mutually
agreed upon settlement or consent decree.
(f) When the board receives notice that a
licensee has been subjected to disciplinary action related to professional
conduct by the licensing authority of another jurisdiction, the board shall
issue an order providing the opportunity for a hearing and directing the licensee
to demonstrate why reciprocal discipline should not be imposed in
(g) After finding that misconduct has occurred,
the board shall impose any disciplinary sanction authorized by RSA 325-A:12,
after considering the factors:
(1) The seriousness of the offense;
(2) The licensee's prior
disciplinary record;
(3) The licensee's state of
mind at the time of the offense;
(4) The licensee's
acknowledgment of his or her wrongdoing;
(5) The licensee's willingness
to cooperate with the board's investigation;
(6) The purpose of the rule or
statute violated;
(7) The potential harm to
public health and safety;
(8) The deterrent effect upon
other practitioners; and
(9) The nature and extent of
the enforcement activities required of the board as a result
of the offense.
(h) Copies of board orders imposing disciplinary
sanctions, including all settlement agreements or consent decrees, shall be
sent to the licensing body of each state in which the licensee is licensed and
to such other entities, organizations, associations, or boards as are required
to be notified under applicable state or federal law. The board administrator shall also issue a
press release to news organizations providing a summary of any
and all disciplinary actions taken.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.11 Requirements
of Crematories.
(a) Crematories shall not provide false
statements or falsify any documentation required by RSA 325-A and Frl 800.
(b) Crematories shall establish written policies
and procedures for:
(1) The
cremation of anatomical and pathological medical waste;
(2) The
methods employed to track the chain of custody of the human remains;
(3) The
methods employed to insure the integrity and identity
of individual cremated remains; and
(4) The
use of universal precautions in handling remains and pre-crematory waste.
(c) Crematories shall conform to
(d) Crematories shall comply with
(e) Crematories approved prior to November 5,
2005, shall have a holding facility large enough to accommodate the human
remains awaiting cremation on the premises.
(f) Cremation chambers and retorts shall be
maintained in accordance with the manufacturers’ specifications, which shall be
kept at the crematory and available for review during inspections.
(g) Cremation chambers and retorts shall be
capable of reducing human remains to ashes.
(h) Crematories approved after November 5, 2005,
shall have:
(1)
Floors constructed of concrete and free of flammable material; and
(2)
Walls and ceilings constructed of fireproof or fire
retardant materials.
(i) Crematories
approved after November 5, 2005, shall have a holding facility that shall be:
(1) Marked
“Private” or “Authorized Entry Only”;
(2) Locked
when not actively attended by the authorized crematory operator; and
(3) Capable
of holding 6 human remains.
(j) Crematories approved after November 5, 2005,
shall have a refrigerated holding facility that shall be:
(1) Marked
“Private” or “Authorized Entry Only”;
(2) Locked
when not actively attended by the authorized crematory operator;
(3) Maintained
at a temperature between 35 and 45 degrees Fahrenheit;
and
(4) Capable
of holding 2 human remains.
(k) Any area accessible to the public shall be
separated from the holding/refrigerated area.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.12 Duties
of Crematories.
(a) Crematories shall conform to the requirements
set forth in Frl 800.
(b) Crematories shall comply with the policies
and procedures described in Frl 801.11 (b).
(c) Cremation chambers and retorts shall only be
used for the cremation of:
(1)
Human remains;
(2)
Human anatomical waste; or
(3)
Human pathological waste.
(d) Unless a request is made by an authorized
individual to cremate more than one human remains at a time, such as that of a
mother and child together, the crematory shall not cremate more than one human
remains per cremation chamber at a time.
(e) Crematories shall not cremate human remains
within 48 hours of death, pursuant to RSA 325-A:18, unless a contagious or infectious disease caused
death.
(f) Crematories shall maintain an accurate
crematory book of records, pursuant to RSA 325-A:22, containing the following:
(1) The
name, age and gender of the decedent;
(2) The
last residential address of the decedent;
(3) The
date and place of death of the decedent;
(4) The
date human remains were received at the crematory;
(5) The
authorizing agent(s) name(s) and relationship(s) to the decedent;
(6) The
name of the medical examiner or deputy medical examiner issuing the certificate
required for cremation in accordance with RSA 325-A:18;
(7) The
signatures of the licensed funeral director, next-of-kin, or designated agent;
(8) The
signature of the person supervising the cremation;
(9) The
disposition of the cremated remains; and
(10)
The written consent to cremate in accordance with RSA 325-A:22.
(g) For each cremation of human remains,
crematories shall keep:
(1) A
copy of the medical examiner’s certificate of cremation; and
(2) A
copy of the burial transit permit, annotated with the date it was filed with
the town.
(h) Crematories shall provide board members or
its authorized designee access to records in (f) and (g) above upon request.
(i) Crematories shall
not advertise or otherwise represent themselves as performing services that
they do not provide.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.13 Reception
of the Human Remains. Reception of
the human remains by a crematory for incineration or cremation shall be subject
to the following:
(a) A crematory shall not accept a body for
cremation unless it is delivered by:
(1) A
funeral director;
(2) The
next-of-kin; or
(3) A
designated agent;
(b) A crematory shall not receive a body if the
crematory knows that the person died from a communicable disease unless:
(1) The
human remains are embalmed or received in 2 leak proof pouches;
and
(2) The
cause of death is clearly marked on the outside of the leak proof pouches;
(c) All unembalmed
human remains shall be placed in a single leak proof pouch and treated as
necessary to prevent odor and leakage of body fluids, and placed in a suitable
solid container;
(d) A crematory shall deliver a receipt to the
funeral director, next-of-kin or designated agent who delivers such human
remains to the crematory pursuant to RSA 325-A:19 I;
(e) The crematory shall keep a copy of the
receipt in (d) above, which shall include:
(1) The
name of the decedent whose human remains were received;
(2) The
date on which the human remains were received;
(3) The
place where the human remains were received;
(4) The
name and address of the funeral director, next-of-kin, or designated agent from
whom the human remains were received;
(5) The
name and address of the funeral home, if applicable;
(6) The
name of the person in charge of the delivery; and
(7) The
type of suitable solid container in which the human remains were received;
(f) The crematory shall receive the authorizing
agent’s written consent, as required by Frl 801.14
(a); and
(g) If the crematory is unable to cremate human
remains, whether it be due to the 48 hour waiting
period required by RSA 325-A:18 or for some other reason, the crematory shall:
(1)
Immediately place the human remains in the holding facility required by Frl 801.11 (i); or
(2) If
the human remains have not been embalmed and it has been 72 hours since death
occurred, store the unembalmed remains in the
refrigerated holding facility required by Frl 801.11
(j).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.14 Cremation
of Human Remains.
(a) Crematories shall not cremate human remains
without receipt of the following documents pursuant to RSA 325-A:18:
(1) The
burial permit; and
(2) The
certificate from the medical examiner.
(b) A crematory authority shall not accept human
remains unless those remains are in a suitable solid container.
(c) Human remains shall be cremated in the
suitable solid container in which received.
(d)
Personal effects shall not be removed
from the deceased without express consent from the authorizing agent(s), which
shall be documented by the crematory.
(e) A crematory shall not place any additional
material in a casket or suitable solid container prior to cremation unless
authorized by the authorizing agent(s).
(f) A crematory shall not place medical waste,
including, but not limited to, items such as hypodermic needles, syringes,
scalpel blades, soiled dressings, sponges, drainage sets, underpads
or surgical gloves in the casket or suitable solid container prior to
cremation.
(g) Cremated remains from each cremation shall be
removed from each chamber before any subsequent cremation is begun.
(h) The authorizing agent(s) or his or her designee
may be present at any stage of the cremation of such human remains.
(i) In so far as
practicable, all residual of the cremation process shall be removed from the
cremation retort and shall not be commingled with any other cremated remains
unless consent has been given by the authorizing agent(s).
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
Frl 801.15 Disposition
of Cremated Remains.
(a) Cremated remains shall be placed in a cremation
container or urn, as defined in RSA 325-A:1, XVII and Frl
801.02, (r).
(b) Identification of cremated remains shall be
noted on the container or urn with a label.
(c) The crematory shall:
(1)
Give the cremated remains, in a cremated remains container or urn, to
the funeral director, next-of-kin, designated agent, or to the authorizing
agent in charge of final disposition; or
(2)
Otherwise dispose of the cremated remains as authorized by the funeral
director, next-of-kin, designated agent, or the authorizing agent.
(d)
In the event the capacity of the urn or
other cremated remains container is insufficient to accommodate all of the cremated remains, the crematory shall place the
excess cremated remains in another cremated remains container and give both
containers to the funeral director, next-of-kin, designated agent, or to the
authorizing agent in charge of final disposition.
(e) Crematories shall dispose of all body
prosthesis or similar items, such as bridgework, not consumed by cremation.
Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15
CHAPTER Frl 900 RESOMATION
FACILITY REGULATIONS
PART Frl 901 RESOMATION FACILITY REGULATIONS
Frl 901.01 - 901.28
Source. #9025, EMERGENCY RULE, eff
11-9-07, EXPIRED: 5-7-08
APPENDIX I
Rule |
Specific
State Statute the Rule Implements |
Frl
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; |
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 |
National Funeral
Directors Association Free online at:
http://www.nfda.org/Portals/0/NFDAORG/About/codeconduct_2012.pdf |