(a) Applicants seeking Type A licensure must meet the following minimum requirements:

1. (1)

   1. (A) The application shall be completed on forms provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and accompanied by the required fees.
   2. (B) Applications are available on the board’s website, or they can be obtained by contacting the board’s office;
2. (2) The application must be received by board staff at least twenty (20) business days before the board’s next regularly scheduled meeting;
3. (3) The manager and owner of the establishment shall appear at the board meeting for discussion of the license application;
4. (4) The application must be accompanied by proof of a minimum of one million dollars ($1,000,000) of general liability insurance coverage;
5. (5) The application must be accompanied by a copy of the certificate of liability insurance;
6. (6) The application must be accompanied by the embalmer/mortuary service acceptance form;
7. (7) The application must be accompanied by the manager acceptance form; and
8. (8) The establishment shall be inspected by a representative of the board prior to initial licensure.

(c)

1. (1) Each establishment Type A shall have at least one (1) full-time licensed funeral director, who has been licensed for at least five (5) years.
2. (2) The establishment shall employ licensed staff so that services are competently provided to the public.
3. (3) No licensed funeral director shall serve as the manager of more than one (1) funeral establishment.
4. (4) However, it is permissible for a manager to serve as manager of two (2) locations of the same establishment, as long as the secondary location is a branch location of the establishment which employs the manager.
5. (5) The manager shall reside within fifty (50) miles of each location.

(f) The manager of the funeral establishment Type A shall be responsible for compliance with the following requirements:

1. (1) All price lists, statements of funeral goods and services, and any documents or publications including advertising, shall be consistent with the name of each funeral establishment location on file with the board;
2. (2) Type A establishments shall maintain and make available for inspection, true and accurate copies of the price lists for a minimum of one (1) calendar year after the date of distribution to customers, as required by the Federal Trade Commission;
3. (3) Every licensed funeral director shall give the consumer a copy of the general price list as required by the Federal Trade Commission and pursuant to 16 C.F.R. § 453.2, prior to discussing any funeral arrangements;
4. (4) Every licensed funeral director responsible for providing funeral services or arranging for the delivery of any funeral merchandise, shall give or cause to be given to the person or persons making such arrangements, a written, itemized and signed statement of charges for the funeral merchandise and funeral services selected; and

5. (5)

   1. (A) At the time of need, a written, itemized, and signed statement of charges shall be completed and given to the person or persons making the at-need arrangements.
   2. (B) The statement of charges shall be completed prior to the rendering of the funeral services, or the providing of merchandise.
   3. (C) At a minimum, the statement shall contain the following:

(i) The name, signature, and license number of the funeral director responsible for making the arrangements, or providing the funeral merchandise;

1. (ii) The name and address of the licensed establishment in charge of providing the merchandise or funeral services;

   1. (iii) The name, address, signature, and relationship to the deceased, of the person making the at-need arrangements (the relationship should be described as kinship or otherwise);

      1. (iv) The date of the signatures;
      2. (v) The name of the deceased;
      3. (vi) The date of death;
      4. (vii) The price of the service or services selected and the price of any supplemental items;
      5. (viii) The price of the merchandise selected, including a detailed description of the casket and outer burial container, if so selected;
      6. (ix) The amount and description of all cash advance items; and
      7. (x) The method of payment.

(h) Each Type A establishment which contains a preparation room shall meet the following minimum requirements:

1. (1) All embalming performed therein must be performed by or under the direct personal supervision of a licensed embalmer;

2. (2) Construction.

   1. (A) The room must be constructed with such materials and finished in such a way that the room and the contents thereof may be cleaned and disinfected.
   2. (B) The room must be of sufficient size and dimension to accommodate an embalming table.
   3. (C) The door to the room must contain a functional lock, to prevent unauthorized entrance to the room.
   4. (D) The room must also contain a sanitary floor, walls, and ceiling, and adequate sanitary drainage and disposal facilities, including hot and cold running water.
   5. (E) The room must also comply with the sanitary standards and disposal requirements as prescribed by the Department of Health and the Occupational Safety and Health Administration to prevent the spread of contagious, infectious, or communicable diseases.
   6. (F) The room shall also include an instrument table, cabinetry, and shelves, as necessary.
   7. (G) Only equipment used in the preparation of dead human bodies, shall be stored in the preparation room;

3. (3) Universal precautions.

   1. (A) In handling and preparing dead human bodies for final disposition, any person who comes in direct contact with an unembalmed dead human body or who enters a room where dead human bodies are embalmed shall use universal precautions and shall exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body.
   2. (B) All persons present in the preparation and embalming room while a body is being prepared for final disposition must be attired in accordance with all applicable state rules and federal regulations regarding the control of infectious disease and workplace health and safety;

4. (4) Ventilation.

   1. (A) The preparation room shall be separately heated and cooled from the rest of the establishment.
   2. (B) The preparation room must be properly ventilated with a ventilation system that provides for an adequate intake of fresh air.
   3. (C) The preparation room shall also provide an exhaust system with all fumes exiting to the outside atmosphere.
   4. (D) This ventilation system must provide adequate air exchanges per hour to maintain adequate formaldehyde levels in accordance with the Occupational Safety and Health Administration Formaldehyde Standard found at 29 C.F.R. § 1910.1048.
   5. (E) The construction must be such that odors from the preparation room cannot enter the rest of the establishment; and

5. (5) Preparation procedures — Access to the preparation room.

   1. (A) The preparation of a dead human body for final disposition shall be performed in privacy.

   2. (B) No person shall be permitted to be present in the preparation room while a dead human body is being embalmed, washed, or otherwise prepared for final disposition, except:

      1. (i) Licensed embalmers;
      2. (ii) Registered embalmer apprentices or students;
      3. (iii) Public officials or their representatives in the discharge of their official duties;
      4. (iv) Licensed medical personnel; and
      5. (v) Employees of the funeral establishment, whether licensed or not.
      6. (i)
6. (1) Type A establishments may work with family and friends of the deceased to allow for their participation in washing and dressing of the body in a private location.
7. (2) It is permissible to allow the family into the preparation room for this limited purpose.

(j) Refrigeration or embalming required. A dead human body must be refrigerated, or packed in dry ice, or it must be embalmed by a licensed embalmer or registered embalmer apprentice or a practicum or clinical student, in the following circumstances:

1. (1) If the body will be transported by public transportation, provided the carrier allows the body to be packed in dry ice;
2. (2) If final disposition will not occur within twenty-four (24) to forty-eight (48) hours after death or release of the body by a competent authority with jurisdiction over the body, or the body will be lawfully stored for final disposition in the future;
3. (3) If the body will be publicly viewed;
4. (4) If ordered by the director of health for the control of infectious disease and the protection of public health; and
5. (5) If a body will be released to a medical institution for lawful dissection and experimentation, then it must be packed in dry ice if it is not possible to embalm the body.

(k) Equipment.

1. (1) The preparation room shall contain sufficient supplies and equipment for normal operation.
2. (2) Nothing in this section shall require embalming chemicals to be stored in the preparation room.
3. (3) No excess equipment shall be stored in the preparation room.
4. (4) The only items and equipment allowed to be maintained in the preparation room are the items and equipment necessary for preparing dead human bodies.

5. (5) There shall be storage shelves or cabinetry for all:

   1. (A) Supplies;
   2. (B) Instruments; and

   3. (C) Equipment.

      1. (l) Visibility. All outside openings of the preparation room shall be covered such that the coverings prohibit viewing the interior of the room from the outside.
      2. (m) Custodial log.
6. (1) Each location of a funeral establishment Type A shall maintain a log on the premises that chronologically lists the decedents that enter and leave the facility.
7. (2) The log must be available at all times for inspection by the board.

8. (3) The log shall list the name of each deceased person received at the location, including the following:

   1. (A) Date and time the remains were received;
   2. (B) Any personal property that accompanied the remains;
   3. (C) The name and signature of the person making the removal;

   4. (D)

      1. (i) The name and signature of the licensed embalmer who performed the embalming.
      2. (ii) Any registered apprentice embalmer should also sign in cases where the apprentice assisted; and
   5. (E) The name and signature of the agent or employee of the receiving Type A establishment.

(n) Identification.

1. (1) Each location of a funeral establishment Type A shall properly attach to the body of the deceased, an identification tag to each deceased received into the establishment.
2. (2) This identification tag must continuously remain on the decedent until the completion of final disposition.

3. (3) Each deceased must be identified by a family member or their appointed designee by viewing the decedent or by one of the following methods:

   1. (A) In-person visual;
   2. (B) A photo of the decedent that the establishment took with permission from the family;
   3. (C) Piercings or tattoos;
   4. (D) Law enforcement or medical records; or
   5. (E) DNA.

(o) Embalmer’s case report.

1. (1) Each funeral establishment Type A that conducts embalming shall maintain an embalmer’s case report for each case embalmed in the establishment.
2. (2) The case report shall be signed by the licensed embalmer and registered apprentice embalmer if such apprentice assisted.
3. (3) The case report shall be maintained on file for each case and it shall become a part of the death record.

(q)

1. (1) Each funeral establishment Type A must have at least three (3) adult size caskets, or nine (9) quarter cuts, or twelve (12) one-eighth (1/8) cuts, or a combination of both, and the caskets and cuts may be in conjunction with electronic and photo presentation.
2. (2) For purposes of this section, a casket selection room is not required to be a separate room for the sole purpose of displaying caskets.

3. (3) In addition to the three (3) adult size caskets, establishments may also have:

   1. (A) Virtual display rooms;
   2. (B) Cut-outs;
   3. (C) Casket catalogs; and
   4. (D) Any other forms of various displays.
4. (4) A branch establishment, within forty (40) miles, without an area available for display, may use electronic display only.

(r)

1. (1) When an establishment is sold or changes ownership, the establishment shall notify the board in writing, at least thirty (30) days prior to the sale or change of ownership.
2. (2) In cases where the name of the establishment will not change, the license then in force and effect shall be honored for the new owner, until that license expires.
3. (3) If the new owner desires to change the name of the funeral establishment prior to the license expiration, then the owner shall apply for a license for the establishment to be issued in the new name.

(s)

1. (1) When an establishment closes, the board shall be immediately notified in writing.
2. (2) The license in force at the time of closure shall be returned to the board office within seven (7) days.

(u)

1. (1) Renewal of all funeral establishment licenses Type A must be made timely, and the renewal must be accompanied by the renewal fee.
2. (2) Licenses not renewed timely shall be considered delinquent and may be grounds for disciplinary action by the board.

3. (3) The Department of Health will be notified to decline death certificates filed by an establishment whose license has expired.

   1. (v)
4. (1) Each funeral establishment using an embalmer who is not employed by the establishment must file with the board, within thirty (30) days of the embalmer performing embalming at the establishment, a notarized statement signed by the embalmer stating that his or her services are available to the establishment at all times and within a reasonable time after death occurs, not to exceed six (6) hours.
5. (2) This statement shall be submitted on a form provided by the board.
6. (3) The funeral establishment shall obtain express permission prior to embalming, and written permission before or after embalming.

(w)

1. (1) Mobile homes, or mobile units, are prohibited for use as a funeral establishment firm or as a branch thereof.
2. (2) No mobile home or mobile unit shall be used in the performance of any function or service of a funeral establishment firm or branch thereof, except in the case of an emergency as prescribed by the board.

3. (3) Mobile homes, modular units, manufactured homes, and similar mobile units may be used on a temporary basis if approved by the board, and the establishment may be granted a replacement license if the board deems appropriate.

   1. (x)
4. (1) The licensed funeral director, who manages and supervises the funeral establishment, may hire such employees as may be needed to assist the funeral director in providing the services of the business of funeral directing.
5. (2) The manager is responsible for the supervision of all work performed by the establishment’s agents and employees.
6. (3) Disciplinary action may be taken against a manager and funeral establishment because of the acts of the establishment’s agents or employees which violate the laws or the rules that govern the license.

(z)

1. (1) Each funeral establishment Type A shall be required to carry a general business policy or a general business liability policy of no less than one million dollars ($1,000,000).
2. (2) A certificate of coverage shall be provided to the board at initial licensure and upon each renewal of the insurance policy.
3. (3) When possible, the board should be listed as a certificate holder.
4. (4) The board should be notified of each renewal and any cancellation for any reason.

(aa)

1. (1) A licensed funeral director or funeral establishment may employ or use the services of nonlicensed persons to sell preneed, prearranged, or prefinanced funerals and funeral merchandise.
2. (2) A licensed funeral director or funeral establishment will be held accountable for the actions of all sales personnel.

3. (3) Such personnel are specifically prohibited from engaging in the following actions:

   1. (A) Making misrepresentations to potential purchasers of funeral service merchandise;
   2. (B) Placing or causing to be placed, false or misleading advertising; and
   3. (C) Making false statements about funeral establishments, funeral directors, or embalmers not associated with the establishment.