(a)

1. (1) A mortuary service firm is an agent of a Type A establishment and as such does not make arrangements with the public.

2. (2) Applicants seeking Type B licensure must meet the following minimum requirements:

   1. (A)

(i) The application shall be completed on forms provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and be accompanied by the required fees.

1. (ii) Applications are available on the board’s website, or they can be obtained by contacting the board’s office;

   1. (B) The application must be received by the board at least twenty (20) business days before the board’s next regularly scheduled meeting;
   2. (C) The manager and owner of the establishment shall appear at the board meeting for discussion of the license application;
   3. (D) The application must be accompanied by proof of a minimum of one million dollars ($1,000,000) of general liability insurance coverage; and
   4. (E) The application must state that the mortuary service firm is under the management and supervision of a dually licensed funeral director and embalmer who has been licensed as such for at least five (5) years.

(b) The name of the manager of the mortuary service firm shall be reported upon renewal on forms provided by the board.

1. (c)
2. (1) If the funeral director and embalmer serving as the manager of the mortuary service firm shall no longer serve as manager or leave the employment of the firm for any reason, the mortuary service firm shall notify the board of the management change within three (3) business days, and of his or her successor within fifteen (15) business days.

3. (2) The notification shall be made on forms provided by the board.

   1. (d) All embalming performed in the mortuary service firm’s establishment must be performed by or under the direct personal supervision of an Arkansas licensed embalmer.

(g) Preparation room.

1. (1) 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, 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 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) The room shall not have a passageway available for public use.
   8. (H) Only equipment used in the preparation of dead human bodies, shall be stored in the preparation room.

2. (2) 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.

3. (3) Ventilation.

   1. (A) The preparation room shall be heated and cooled separately 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.

4. (4)

   1. (A) Preparation procedures — Access to preparation room.

      1. (i) The preparation of a dead human body for final disposition shall be performed in privacy.
      2. (ii) 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:

(b) (b) Registered apprentices or students;

1. (c) (c) Public officials or their representatives, in the discharge of their official duties;

   1. (d) (d) Licensed medical personnel; and

(e) (e) Employees of the establishment, whether licensed or not.

1. (B) Equipment.

   1. (i) The preparation room shall contain sufficient supplies and equipment for normal operation.

      1. (ii) Nothing in this section shall require embalming chemicals to be stored in the preparation room.
      2. (iii) No excess equipment shall be stored in the preparation room.
      3. (iv) The only items and equipment allowed to be maintained in the preparation room are those items and equipment necessary for preparing dead human bodies.
      4. (v) There shall be storage shelves or cabinetry for all:

(b) (b) Instruments; and

1. (c) (c) Equipment.

   1. (C) 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.

(h) Custodial log.

1. (1) Each location of a funeral establishment Type B shall maintain a log on the premises that chronologically lists the decedents that enter and leave the facility.
2. (2) The log must be available at all times for inspection by the board.

3. (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 delivering the remains and the establishment or entity they represent;
   4. (D) The name and signature of the agent or employee of the receiving establishment, and the name of the establishment the remains are being released to; and

   5. (E)

      1. (i) The name and signature of the licensed embalmer who performed the embalming.
      2. (ii) The registered apprentice embalmer should also sign in cases where an apprentice assisted.
      3. (i) Embalmer’s case report.
4. (1) Each funeral establishment Type B shall maintain an embalmer’s case report for each case embalmed in the firm.
5. (2) The case report shall be signed by the licensed embalmer and the registered embalmer apprentice if one assisted.
6. (3) The case report shall be maintained on file for each case and shall become part of the death record.

(k)

1. (1) When a mortuary service firm is sold or changes ownership, the firm 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 firm 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 firm prior to the license expiration, then the owner shall apply for a license for the firm to be issued in the new name.

   1. (l)
4. (1) When a mortuary service firm closes, the board shall be notified, in writing, within seven (7) days of the date of closure.

5. (2) The license in force at the time of closure shall be returned to the board office.

   1. (m) If the mortuary service firm’s license is revoked, that license must be returned to the board office within seven (7) days of receipt of the board’s order revoking the license.

(p)

1. (1) A certificate of liability insurance shall be provided to the board at the time of initial licensure and upon each renewal of the insurance policy.
2. (2) When possible, the board should be listed as a certificate holder.
3. (3) The board should also be notified of each renewal and any cancellation for any reason.

(q)

1. (1) The board shall grant or deny each application for a mortuary service firm under the provisions of this section after the application is reviewed at the meeting in which it was presented.
2. (2) No applicant may operate a mortuary service firm until a license has been issued by the board.

(r)

1. (1) A mortuary service firm license shall be issued under this section upon application and after inspection of the firm.
2. (2) The applicant must have successfully passed inspection prior to the application being discussed at the board’s next regularly scheduled meeting.

(u)

1. (1) Each mortuary service firm using an embalmer who is not employed by the mortuary service firm, must file with the board a notarized statement signed by the embalmer, stating that his or her services are available to the firm at all times within a reasonable time after death occurs, and not to exceed six (6) hours.

2. (2) Embalmers shall obtain express permission prior to embalming, and written permission before or after embalming.

   1. (v)
3. (1) Mobile homes or mobile units are prohibited for use as a mortuary service firm or branch thereof.
4. (2) No mobile home or mobile unit shall be used in the performance of any function or service of a mortuary service firm or branch thereof, except in the case of an emergency as prescribed by the board.
5. (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.

(w)

1. (1) The licensed funeral director and embalmer who manages and supervises the mortuary service firm, may hire such employees as may be needed to assist the manager in competently providing services.

2. (2) Disciplinary action may be taken against a manager or a mortuary service firm because of the acts of their agents or employees which violate the laws and rules governing the licenses.

   1. (x) Except at the request of, and as the agent of a licensed funeral establishment or its representative, a mortuary service firm is prohibited from providing funeral services and funeral merchandise, other than providing shelter, care, custody and preparation of the human dead, or any type of services including direct disposition or the practice for preparing of the human dead by embalming or other methods.