It is enacted by the General Assembly as follows:

SECTION 1. Chapter 5-33 of the General Laws entitled "Embalmers and Funeral Directors" is hereby repealed in its entirety.

{DEL 5-33-1. Definitions. -- DEL} {DEL The following words and phrases, when used in this chapter, shall be construed as follows:

"Division" shall mean the division of professional regulation created under chapter 26 of this title.

"Person" shall include partnerships, corporations, associations and organizations of all kinds.

"Embalming" shall mean the business, practice, science or profession of preserving, disinfecting, and preparing in any manner, dead human bodies for burial, cremation or transportation.

"Funeral directing" shall mean the business, practice, or profession of:

(a) directing or supervising funerals,

(b) the preparation or disposal of dead human bodies,

(c) conducting or maintaining a preparation room or establishment equipped with necessary drainage and ventilation, and containing the necessary instruments and supplies for the preparation and embalming of dead human bodies for burial, cremation or transportation,

(d) conducting or maintaining a funeral home or parlor, mortuary or funeral chapel from which funerals may be held and wherein funeral services may be conducted.

"Embalmer" shall mean any person engaged, or holding himself out as engaged, in the business, science, practice or profession of embalming, as hereinbefore defined, whether on his own behalf or in the employ of another, and shall include any person who shall use, in connection with his name, the word "embalmer", or any other word or title intending to imply or designate him as an embalmer, or as one engaged in the business, science, practice or profession of embalming, as hereinbefore defined.

"Funeral director" shall mean any person engaged, or holding himself out as engaged in the business, practice, or profession of funeral directing, as hereinbefore defined, or who shall use in connection with his name or business the words "funeral director", "undertaker", "mortician", or any other word or title intending to imply or designate him as a funeral director, undertaker, mortician, or as one engaged in the business, practice or profession of funeral directing, as hereinbefore defined.

"Apprentice" shall mean any person engaged in the business, science, practice or profession of embalming under the instruction and supervision of an embalmer duly licensed and registered under the provisions of this chapter and actively engaged in embalming in this state. DEL}

{DEL 5-33-2. Board of examiners -- Qualifications and removal of members -- Vacancies. -- DEL} {DEL The members of the board of examiners in embalming shall be citizens and residents of this state; three (3) of whom shall have had at least five (5) years' practical experience in embalming dead human bodies and in funeral directing, and shall have been actually engaged therein on their own account in this state and two (2) of whom shall be private citizens; provided, however, the current members shall serve their present term as they fulfill the requirements of this section

The director of health may remove any member of the board for cause.

Vacancies shall be filled pursuant to section 5-26-4. DEL}

{DEL 5-33-2.1. Board of examiners -- Officers and meetings. -- DEL} {DEL The board of examiners in embalming shall elect annually from its membership a chairperson and secretary. Meetings may be called by the administrator of professional regulation, by the chairperson, or upon the written request of two (2) members of the board. DEL}

{DEL 5-33-2.2. Board of examiners -- Functions. -- DEL} {DEL The board of examiners in embalming shall have a policy-making role in the preparation and composition of the examinations to be administered by the division. Subsequent to the administration of the examinations, the board of examiners shall review the examinations to evaluate their effectiveness. The board shall supervise the operations of the division in an advisory capacity in promulgating such policy as may be necessary to improve the operations of the division in their area of expertise. The promulgation of that policy shall be subject to the approval of the director of the department. Members of the board shall be subject to the provisions of section 36-4-55. DEL}

{DEL 5-33-3. Rules and regulations. -- DEL} {DEL The director of health shall have the power to adopt such rules and regulations not inconsistent with law which he deems necessary in carrying out the purposes of this chapter. DEL}

{DEL 5-33-4. Unlicensed practice unlawful. -- DEL} {DEL It shall be unlawful for any person to engage in, conduct, or hold himself out as engaged in the business of embalming, or preserving in any manner, dead human bodies, in this state, unless he holds an embalmer's certificate of registration issued in accordance with the provisions of this chapter, and shall at the date of its issue have otherwise complied with the provisions of this chapter; and it shall be unlawful for any person to engage in, conduct or hold himself out as engaged in the business of funeral directing, or of preparing, or disposing of dead human bodies by any means whatever, in this state, unless he shall have first obtained a funeral director's certificate of registration, as provided in this chapter, and shall otherwise have complied with the provisions of this chapter. DEL}

{DEL 5-33-5. Separate certification of embalmers and funeral directors. -- DEL} {DEL The division of professional regulation shall issue certificates of registration as embalmers, and certificates of registration as funeral directors, and no person shall engage, conduct, or hold himself out as engaging in or conducting the business of both embalming and funeral directing unless he shall have first obtained certificates permitting him to engage in both kinds of business, and shall have otherwise complied with the provisions of this chapter. DEL}

{DEL 5-33-6. Applications for certificates -- Application fee. -- DEL} {DEL Any person who desires to engage in embalming or funeral directing, or both, shall submit in writing to the division of professional regulation an application for a certificate or certificates, and that application shall be accompanied by a fee of fifty dollars ($50.00) for each certificate applied for. DEL}

{DEL 5-33-7. Qualifications of embalmers. -- DEL} {DEL Embalmers' certificates shall be issued only to individuals, and no corporation, partnership, association or organization shall be entitled to obtain such a certificate, provided that nothing herein contained shall be construed to prevent any corporation, partnership, association or organization from engaging in the business of embalming so long as one or more of its officers or members actively connected with the business is the holder of an embalmer's certificate. In order to be entitled to an embalmer's certificate, the applicant must be an individual over eighteen (18) years of age, a citizen of the United States, and must show to the satisfaction of the division that he is of good moral character, must hold a diploma or certificate showing completion of a high school course or its equivalent, must have first completed a two (2) year course of training under the supervision and instruction of an embalmer actively engaged in the business of embalming in this state and holding a certificate issued in accordance with the provisions of this chapter at the date of its issue, must have assisted in embalming at least fifty (50) bodies during the period of those (2) years, and must have completed a full course of instruction in an embalming school approved by the state department of health. The division shall require the applicant to submit to such examination as it may deem proper to ascertain his efficiency and qualifications to engage in the business of embalming. DEL}

{DEL 5-33-8. Armed forces embalming experience. -- DEL} {DEL Any person who has served in the armed forces of the United States of America in World War II and who shall have been honorably discharged therefrom, and who shall have, prior to his induction into the armed forces, completed his high school education and a full course of instruction in an embalming school, as provided in section 5-33-7, and who had also prior to that induction commenced his two (2) year course of training, as provided in section 5-33-7, and who, while in the armed forces, assisted in the embalming of human bodies, shall be conclusively presumed to have been continuing that course of training during the time he was so engaged in assisting in embalming human bodies while in the armed forces, and all bodies in the embalming of which he assisted, while in the armed forces, shall be deemed to have been embalmed during his course of training, and in compliance with the provisions of section 5-33-7. Each such person shall submit to the division proof of his having assisted in the embalming of bodies while in the armed forces, and of the number thereof, by filing with the division his sworn affidavit of the facts relating thereto, which shall, in the absence of specific proof to the contrary, be presumed to be true and authentic. DEL}

{DEL 5-33-9. Participation in burial certificate plans. -- DEL} {DEL No person who has promoted or is promoting, or has participated in or is participating in, any scheme or plan in the nature of a burial association or a burial certificate plan, or wherein there is any element of fraud shall be entitled to any certificate under the provisions of this chapter, and the board shall revoke the certificates of any holder thereof who has engaged, directly or indirectly in the practices enumerated in this section provided, however, that nothing herein contained shall be construed so as to prevent any such person from performing his obligations under any contract executed prior to April 25, 1952. DEL}

{DEL 5-33-10. Qualifications of funeral directors -- Examination -- Place of business -- Inspections. -- DEL} {DEL The business of a funeral director must be conducted and engaged in at a fixed place or establishment. In order to be entitled to a funeral director's certificate the applicant, if an individual, must be at least eighteen (18) years of age, a citizen of the United States and a resident of this state, and must show to the satisfaction of the division that he is of good moral character, and the holder of an embalmer's certificate issued by the division; if the applicant is a corporation, partnership, association or organization, one or more of its officers or members actively and principally engaged in the business must be the holder of an embalmer's certificate issued by the division; provided, however, that

(a) the officer or member shall not engage in the business of funeral directing in any other establishment either for his own account or for any other corporation, partnership, association or organization;

(b) the name of the officer or member who is the holder of the embalmer's certificate shall appear on every advertisement and on every display sign placed at or upon the building, premises, or place of business of the funeral director. The division may in its discretion require the applicant, if an individual, or the officer or member holding an embalmer's certificate, if the applicant is a corporation, partnership, association or organization, to submit to such examination as it deems proper, in order to determine the fitness of the applicant to engage in the business of a funeral director. The applicant for a funeral director's certificate shall also furnish the division with satisfactory proof that the place of establishment in which it is intended to conduct the business of a funeral director is or will be properly constructed, and provided with such instruments, supplies, equipment and facilities as the division deems necessary for the proper conduct and maintenance of that business. The division shall have the power to inspect the premises in which the business of a funeral director is conducted or where embalming is practiced.

The above paragraph as amended in 1958 in its entirety shall not affect or apply to any person, corporation, partnership, association or organization which, on May 23, 1958, was engaged in the operation of a funeral directing establishment. DEL}

{DEL 5-33-11. Cemetery operators ineligible to conduct business of funeral directing. -- DEL} {DEL Any person or persons, association or corporation having charge of or conducting a cemetery shall not engage in the business of funeral directing as defined by section 5-33-1. DEL}

{DEL 5-33-12. Conduct of examinations -- Re-examinations-- Issuance of certificates -- Expiration and renewal of certificates -- Register of licensees. -- DEL} {DEL Examinations of applicants for certificates shall be held at least once a year in the city of Providence, and elsewhere in the discretion of the division. The division shall have power to adopt rules and regulations for conducting examinations, and may fix the fee for reexamination of applicants who fail to pass a satisfactory examination, the fee for reexamination not to exceed twenty-five dollars ($25.00). The division shall issue to each applicant successfully passing the examination, where an examination is required, and who otherwise satisfies the division of his qualifications, a certificate or certificates, signed by the administrator of the division, entitling him to practice or engage in business in this state as a registered embalmer, funeral director, or both, as the case may be, for the annual period stated in that certificate, or until that certificate shall be revoked, as hereinafter provided in this chapter. All certificates issued under the provisions of this chapter shall expire on the thirty-first day of December each year, unless previously suspended or revoked. The division shall keep a register in which shall be entered the names of all persons to whom certificates are issued under this chapter, and that register shall be open to public inspection at the office of the administrator of the division. DEL}

{DEL 5-33-13. Display of certificates -- Assignment of certificates prohibited. -- DEL} {DEL Every certificate issued hereunder shall specify the name of the person to whom it was issued, and shall be displayed conspicuously in his place of business or employment. Certificates issued under the provisions of this chapter shall not be assignable. DEL}

{DEL 5-33-14. Branch offices. -- DEL} {DEL Each person holding a license as a funeral director may also have one (1) branch office subject to the provisions of this chapter. DEL}

{DEL 5-33-15. Change of funeral director's place of business. -- DEL} {DEL Any funeral director desiring to change his place of business must give notice of the proposed change to the division, on forms furnished by the division, at least thirty (30) days prior to the time that the change in location is to take effect. The notice of that change must be accompanied by a fee of one dollar ($1.00). Not more than one (1) person engaged in business as funeral director shall transact business in one specific place or establishment. DEL}

{DEL 5-33-16. Payments for securing business prohibited. -- DEL} {DEL Every funeral director or embalmer, or the agents or representatives thereof, who pays, or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business, and every person who accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral director or embalmer in order that the latter may obtain business, shall be guilty of a misdemeanor and upon conviction shall be punished as hereinafter provided, and the certificate of any embalmer or funeral director violating the provisions of this section or whose agents or servants violate the provisions thereof shall be revoked by the division. DEL} {DEL 5-33-17. Annual renewal of certificates. -- DEL} {DEL All certificates issued under the provisions of this chapter must be renewed annually by the holders thereof, who shall pay to the division a yearly renewal fee of twenty-five dollars ($25.00) for the renewal of an embalmer's certificate, and fifty dollars ($50.00) for the renewal of a funeral director's certificate. On or before the fifteenth day of November in each year, the division shall mail to each registered embalmer and funeral director a notice of the expiration of his certificate or certificates and an application for the renewal thereof. Applications, accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first day of December in each year. Applications filed after the thirty-first day of December and on or before the fifteenth day of January must be accompanied by a fee of fifteen dollars ($15.00) for embalmers and twenty-five dollars ($25.00) for funeral directors in addition to the renewal fees hereinbefore provided. The certificates of all embalmers or funeral directors whose application for renewal accompanied by the prescribed fees are not filed by the fifteenth day of January shall be automatically revoked. The division may, in its discretion and upon such terms as it may define, reinstate any certificate revoked under the provisions of this section. Any embalmer or funeral director who acts or holds himself out as such after his certificate has been revoked shall be punished as hereinafter provided. DEL}

{DEL 5-33-18. Continuance of deceased funeral director's business. -- DEL} {DEL The division may by special rule or regulation permit the continuance of the business of a deceased funeral director who was duly registered as such by the division, under the active supervision of a person holding the required certificate or certificates, who devotes all of his time to that business for the benefit of the widow and family, or of the estate or of persons interested in the estate of the decedent for such time and in such manner as the division shall determine. DEL}

{DEL 5-33-19. Apprentices. -- DEL} {DEL Nothing in this chapter shall be construed as prohibiting any person from serving as an apprentice. Before an apprenticeship shall begin, the person desiring to become an apprentice shall register with the division on such forms as it shall prescribe. No person under the age of eighteen (18) years shall be permitted to register as an apprentice. The division may make such rules and regulations as it deems advisable for the supervision of apprentices. All persons registering as apprentices shall pay a fee of twenty dollars ($20.00) at the time of that registration. No apprentice shall be permitted to advertise or hold himself out to the public as a registered embalmer. DEL}

{DEL 5-33-20. Revocation or suspension of certificates. -- DEL} {DEL The division shall have the power to revoke or suspend any certificate of registration, issued by it under this chapter, for gross incompetency, for unprofessional conduct, or for other cause deemed sufficient in the judgment of the division; provided, that before any certificate shall be so revoked or suspended the holder thereof shall have notice in writing of the charge or charges against him and shall have reasonable opportunity to be heard in his defense. Any person whose certificate has been so revoked or suspended may apply to have the certificate reissued, and the certificate shall be reissued to him upon a satisfactory showing that disqualification has ceased. DEL}

{DEL 5-33-21. Summons of witnesses. -- DEL} {DEL The division shall have power by its administrator to summon any person to appear as a witness and testify at any hearing of the division under the provisions of this chapter, and to examine and to administer oaths to those witnesses. DEL}

{DEL 5-33-22. Appeals. -- DEL} {DEL Any person aggrieved by any decision or ruling of the division may appeal therefrom to the administrator of the division or his designee. A further appeal may then be made to the appropriate board of examiners. Any person aggrieved by any decision or ruling of that board may appeal therefrom to the director of the department. Any further appeal from the action of the director shall be in accordance with the provisions of chapter 35 of title 42. The division shall be considered a person for the purposes of this section. DEL}

{DEL 5-33-23. Restricted receipts accounts for fees. -- DEL} {DEL All proceeds of any fees collected pursuant to the provisions of this chapter shall be placed in a restricted receipts account which shall be used for the general purposes of the division of professional regulation within the department of health. DEL}

{DEL 5-33-24. Penalty for violations. -- DEL} {DEL Any person, partnership, corporation, association or his or its agents or representatives violating any of the provisions of this chapter, or of any rule or regulation of the division, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not exceeding six (6) months or by a fine not exceeding five hundred dollars ($500) or by both the fine and imprisonment, within the discretion of the court. DEL}

{DEL 5-33-25. Complaints of violations. -- DEL} {DEL Complaints for violation of the provisions of this chapter or of any lawful rule or regulation made thereunder by the division may be made by the administrator of the division or by any person authorized by the administrator, who shall be exempt from giving surety for costs on any such complaint. DEL}

{DEL 5-33-26. Severability. -- DEL} {DEL If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule or regulation, and the application of that provision to other persons or circumstances, shall not be affected thereby. DEL}

SECTION 2. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-33.2-1. Definitions. -- ADD} {ADD (a) "Department" shall mean the Rhode Island department of health.

(b) "Division" shall mean the division of professional regulation created under chapter 26 of this title.

(c) "Board" shall mean the state board of funeral directors/embalmers.

(d) "Funeral" shall mean a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.

(e) "Practice of funeral service" shall mean a person engaging in providing shelter, care and custody of human dead remains; in the practice of preparing of the human dead remains by embalming or other methods for burial or other disposition; in entering into a funeral service contract; engaging in the functions of funeral directing and/or embalming as presently known including those stipulated within this chapter and as defined in the federal trade commission "funeral rule". The practice of conducting funeral services shall be conducted in the presence of a licensed funeral director/embalmer.

(f) "Cremation" shall mean a two (2) part procedure whereby a dead human body or body parts shall be reduced by direct flame to residue which includes bone fragments and the pulverization of said bone fragments to coarse powdery consistency.

(g) "Person" shall include individuals, partnerships, corporations, limited liability companies, associations and organizations of all kinds.

(h) "Embalming" shall mean the practice, science or profession of preserving, disinfecting, and preparing in any manner, dead human bodies for burial, cremation or transportation.

(i) "Funeral directing" shall mean (1) conducting funeral services; (2) the arrangement for disposition of dead human bodies, except in the case of any religion where the preparation of the body or the provision of funeral services should be done according to religious custom or belief; (3) Only funeral directors/embalmers, working for a duly licensed funeral establishment shall be allowed to meet with families for the purpose of arranging funerals. Provided, that any person who assumed an ownership interest from ones spouse or any widow or widower of a licensed funeral director who at the time of the effective date of this act has been meeting with families to arrange for the conducting of funeral services shall be allowed to continue this practice.

(j) "Funeral director/embalmer" shall mean any person engaged, or holding himself or herself out as engaged in the practice, or profession of funeral directing, and the science, practice or profession of embalming as hereinbefore defined, including a funeral director of record, who may be a funeral director at more than one (1) establishment or any other word or title intending to imply or designate him or her as a funeral director/embalmer, undertaker, or mortician. The holder of this license must be the holder of an embalmer's license.

(k) "Embalmer" shall mean any person who has completed an internship, full course of study at an accredited mortuary science school, has passed the national board examination and is engaged in the practice or profession of embalming, as hereinbefore defined.

(l) "Funeral merchandise" shall mean those items which are normally presented for sale as part of the funeral home operation on a for profit basis. These items include caskets, sealed warranted outer burial containers and burial clothing. Not included are urns, grave markers, and non-sealed outer burial containers. All persons engaged in the sale of funeral merchandise must comply with the provisions of chapter 33.1 of this title.

(m) "Funeral director/embalmer intern" shall mean any person engaged in learning the practice, or profession of funeral directing and the science, practice or profession of embalming under the instruction and supervision of a funeral director/embalmer duly licensed and registered under the provisions of this chapter and actively engaged in the practice, or profession of funeral directing and embalming in this state.

(n) "Funeral establishment" shall mean a fixed place, establishment or premises, licensed by the department, devoted to the activities which are incident, convenient, or related to the care and preparation, arrangement, financial and otherwise, for the funeral, transportation, burial or other disposition of human dead bodies and including but not limited to a suitable room with all instruments and supplies used for the storage and/or preparation of dead human bodies for burial or other disposition. ADD}

{ADD 5-33.2-2. Board of examiners -- Qualifications and removal of members -- Vacancies. -- ADD} {ADD The members of the board of examiners in embalming shall be residents of this state for at least five (5) years; three (3) of whom shall have had at least five (5) years' practical experience in embalming dead human bodies and in funeral directing, and shall have been actually engaged therein in this state and two (2) of whom shall be private citizens who represent the consumer and who are not involved with or affiliated with, financial or otherwise, any funeral establishment and/or funeral director/embalmer; provided, however, the current members shall serve their present term as they fulfill the requirements of this section. No member shall serve more than two (2) consecutive terms.

The director of health may remove any member of the board for cause. Vacancies shall be filled pursuant to section 5-26-4. ADD}

{ADD 5-33.2-3. Rules and regulations. -- ADD} {ADD The director of health shall have the power to adopt such rules and regulations not inconsistent with law which he or she deems necessary in carrying out the purposes of this chapter and for the prevention of and transmission of disease. ADD}

{ADD 5-33.2-4. Unlicensed practice unlawful. -- ADD} {ADD It shall be unlawful for any person to engage in, conduct, or hold himself or herself out as engaged in the practice of funeral directing and/or embalming, or of preparing for or disposing of dead human remains by any means whatever, in this state or preserving in any manner, dead human bodies, in this state, unless he or she holds a funeral director/embalmer's license issued in accordance with the provisions of this chapter; and it shall be unlawful for any person, partnership, association, corporation, limited liability company, or other organization to open or maintain a place or establishment at which to engage in or conduct, or hold himself, herself or itself out as engaging in or conducting, the business of funeral directing without that place or establishment being duly licensed under this chapter as a funeral establishment. Notwithstanding the provisions of this section, a person under the supervision of a licensed funeral director/embalmer shall be allowed to: fulfill duties not specifically prohibited by this chapter, and those duties allowed by the federal trade commission funeral rule. ADD}

{ADD 5-33.2-5. Application for license -- Application fee. -- ADD} {ADD Any person who desires to engage in embalming or funeral directing, or both, shall submit in writing to the division of professional regulation, an application for a license, and said application shall be accompanied by a fee set by the department of health. ADD}

{ADD 5-33.2-6. Qualifications of funeral director/embalmers. -- ADD} {ADD A funeral director/embalmer's license shall be issued only to individuals, and no corporation, partnership, association, limited liability company or organization shall be entitled to obtain such a license. In order to be entitled to a funeral director/embalmer's license, an applicant must meet the following requirements:

(1) be at least eighteen (18) years of age;

(2) be a citizen of the United States or have lawful entry into the country;

(3) show to the satisfaction of the division that he or she is of good moral character;

(4) be a high school graduate or its equivalent;

(5) on and after January 1, 1996 have graduated from a school of mortuary science accredited by the American Board of Funeral Service Education, Inc.;

(6) on and after January 1, 1996 must have at least an associate degree or the equivalent of sixty (60) semester hours from an approved college or university or be currently enrolled in a school accredited by the American Board of Funeral Service Education, Inc.;

(7) have completed a registered funeral director/embalmer internship.

(8) have satisfactorily passed the funeral director and embalmer portions of the written examination of the Conference of Funeral Service Examining Boards;

(9) have satisfactorily passed a practical examination as the board may deem proper to ascertain his or her efficiency and qualifications to engage in the business of funeral directing and embalming;

(10) All individuals holding an embalmer and/or funeral director license on the effective date of this act will be automatically issued a funeral director/embalmer license upon payment of the required annual license renewal fee.

(11) The name and title of at least the funeral director/embalmer registered with the department as the licensee in charge of the funeral establishment or funeral establishment branch, shall appear in all printed advertising. ADD}

{ADD 5-33.2-7. Armed forces embalming experience. -- ADD} {ADD Any person who has served in the armed forces of the United States of America and who shall have been honorably discharged therefrom, and who shall have, prior to his or her induction into the armed forces, completed his or her high school education and a full course of instruction in a funeral director/embalming school, as provided in section 5-33.2-6, and who had also prior to that induction commenced his or her internship, as provided in section 5-33.2-6, and who, while in the armed forces, assisted in the embalming of human bodies, shall be conclusively presumed to have been continuing that course of training during the time he was so engaged in assisting in embalming human bodies while in the armed forces, and all bodies in the embalming of which he assisted, while in the armed forces, shall be deemed to have been embalmed during his or her internship, and in compliance with the provisions of section 5-33.2-6. Each such person shall submit to the division proof of his or her having assisted in the embalming of bodies while in the armed forces, and of the number thereof, by filing with the division his or her sworn affidavit of the facts relating thereto, which shall, in the absence of specific proof to the contrary, be presumed to be true and authentic. ADD}

{ADD 5-33.2-8. Participation in burial certificate plans. -- ADD} {ADD No person who has promoted or is promoting, or has participated in or is participating in any scheme or plan in the nature of a burial association or a burial certificate plan, or wherein there is any element of fraud shall be entitled to any license under the provisions of this chapter, and the board shall revoke the license of any holder thereof who has engaged, directly or indirectly in the practices enumerated in this chapter; provided, however, that nothing herein contained shall be construed so as to prevent any such person from performing his or her obligations under any contract executed prior to April 25, 1952. ADD}

{ADD 5-33.2-9. Cemetery operators ineligible to conduct business of funeral directing. -- ADD} {ADD Any person or persons, association or corporation having charge of or conducting a cemetery shall not engage in the business of funeral directing. No funeral home will be licensed, nor will be permitted to operate as such if it is located on property owned by a cemetery, or is contiguous with cemetery property. ADD}

{ADD 5-33.2-10. Issuance of licenses -- Expiration and renewal of licenses. -- ADD} {ADD All licenses issued under the provisions of this chapter shall expire on the thirty-first day of December each year, unless previously suspended or revoked. The division shall keep a register in which shall be entered the names of all persons to whom licenses are issued under this chapter, and that register shall be open to public inspection at the office of the administrator of the division. ADD}

{ADD 5-33.2-11. Display of licenses -- Assignment of licenses prohibited. -- ADD} {ADD Every license issued as a funeral director/embalmer shall specify the name of the person to whom it was issued, and shall be displayed conspicuously in his or her place of business or employment. Every license issued as a funeral establishment or branch office shall specify the name of the establishment as listed on the application. Licenses issued under the provisions of this chapter shall not be assignable. ADD}

{ADD 5-33.2-12. Funeral establishment and branch offices licenses. -- ADD} {ADD No person, association, copartnership, corporation, limited liability company or otherwise, shall conduct, maintain, manage or operate a funeral establishment or branch office unless a license for each such funeral establishment and branch office has been issued by the department and is conspicuously displayed. In the case of funeral services conducted under the license of a funeral establishment held in any private residence, public building, or church no separate establishment license shall be required. A licensed funeral establishment must be distinct and separate from other non funeral service related activity for which it is licensed. No license to operate a funeral establishment shall be issued by the department unless the applicant for the funeral establishment license has registered with the department a licensed funeral director/embalmer who shall be in charge therein as the funeral director of record. The branch office of a funeral establishment must have a separate branch office establishment license but not a separate funeral director of record. One (1) branch office shall be allowed to operate under the funeral establishment license, and this one (1) branch office may be permitted to operate without a preparation room. Applications for the funeral establishment license and branch office shall be made on forms furnished by the division accompanied by the application fee of fifty dollars ($50.00) for the funeral establishment and fifty dollars ($50.00) for each branch office. Upon receipt of a completed application and the recommendation of the board of the division shall issue a license. All funeral establishment and branch office licenses shall expire on 31 December of each year, unless sooner suspended or revoked. A license shall be issued to a specific licensee for a specific location and shall not be transferable. The funeral establishment licensee shall notify the division in writing, delivered in person or by certified mail, within ten (10) days from the date of termination of employment, for any cause, of the funeral director/embalmer of record with the division for the funeral establishment. The license of the funeral establishment shall expire forty-five (45) days from the date the division was notified by the licensee, if no new funeral director/embalmer is registered with the division. No funeral services shall be conducted at the funeral establishment without a funeral director/embalmer being registered with the division as the funeral director of record for that funeral establishment. Two (2) licensed funeral directors may operate jointly at one (1) location if one of their existing funeral establishments closes its place of business and joins an existing licensed funeral establishment. Each firm will hold its own separate establishment license. One can not open a branch office by invoking this section. Human dead remains shall not be held more than forty-eight (48) hours without embalming or without refrigeration for the purpose of maintaining public health. A funeral establishment must at the minimum contain a preparation room equipped with tile, cement, or composition floor, necessary drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of dead human remains for burial, transportation, or other disposition.

Any person who inherits any ownership interest to a funeral establishment may continue to conduct the business of that establishment as their ownership interest would allow upon the following:

(a) Filing with the division a statement of change of fact concerning that inheritance.

(b) Conducting the business of the establishment in compliance with all the requirements of chapter 5-33.2. ADD}

Funeral establishments and branch offices and crematories licensed under the provisions of this chapter shall be inspected at least twice each year. Inspections shall include all areas of sanitation and public health, complaint investigations, as well as conformity with applicable section of this chapter and the rules and regulations. ADD}

{ADD 5-33.2-13.1. Crematories -- License and inspection. -- ADD} {ADD No crematory owned or operated by or located on property licensed as a funeral establishment or at another location or by a cemetery shall conduct cremations without first having applied for and obtained a license from the department. Applications for the crematory license shall be made on forms furnished by the division accompanied by the application fee of fifty dollars ($50.00). Upon receipt of a completed application, the department shall issue a license. A license shall be issued to a specific licensee for a specific location and shall not be transferable. The facility and licensee shall meet all requirements as set forth by the rules and regulations established by the department, not inconsistent with this chapter. ADD}

{ADD 5-33.2-13.2. Cremation of human remains. -- ADD} {ADD (1) Cremation shall not take place until the necessary permits and consents are issued pursuant tosection 23-3-18 of the general laws.

(2) A crematory shall not take custody of unidentified human remains.

(3) Human remains designated for cremation shall be cremated without unreasonable delay.

(4) When the crematory is unable to cremate the human remains immediately upon taking custody, the crematory shall provide a holding facility that shall comply with any applicable public health law, that shall preserve the dignity of the human remains.

(5) Holding facilities shall be secure from access by all unauthorized persons;

(6) A crematory shall not simultaneously cremate more than one (1) human remains within the same cremation chamber. The processing, packaging, storage and disposition of cremated remains shall be as prescribed in the rules and regulations as promulgated by the department of health division of professional regulation.

(7) A crematory or funeral home shall be authorized to dispose of the cremated remains which have been abandoned at the crematory or funeral home for more than six (6) months. All reasonable attempts must be made and due diligence exercised to contact the person in charge who authorized the cremation.

This subsection shall not apply to the cremation of various body parts from different human bodies. ADD}

{ADD 5-33.2-14. Payments for securing business prohibited. -- ADD} {ADD Every funeral establishment, funeral director/embalmer, or the agent or representatives thereof, who pays, or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business, and every person who accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral director/embalmer or an agent or owner of a funeral establishment in order that the latter may obtain business, shall be guilty of a misdemeanor and upon conviction shall be punished as hereinafter provided, and the certificate of any funeral director/embalmer or the license of any funeral establishment violating the provisions of this section or whose agents or servants violate the provisions thereof, shall be revoked by the division. This section shall not prohibit the funeral establishment or funeral director/embalmer from advertising. ADD}

{ADD 5-33.2-15. Annual renewal of licenses. -- ADD} {ADD All licenses issued under the provisions of this chapter must be renewed annually by the holders thereof, who shall pay to the division a yearly renewal fee of seventy-five dollars ($75.00) for the renewal of a funeral director/embalmer's license, fifty dollars ($50.00) for the funeral establishment license, fifty dollars ($50.00) for each funeral establishment branch office license and fifty dollars ($50.00) for the crematory license. On or before the fifteenth day of November in each year the division shall mail to each licensed funeral director/embalmer and to each licensed funeral establishment, funeral establishment branch office and crematory an application for the renewal thereof. Applications, accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first day of December in each year. Applications filed after the thirty-first of December and on or before the fifteenth of January must be accompanied by a fee of forty dollars ($40.00) for funeral director/embalmers and funeral establishments in addition to the renewal fees hereinbefore provided. Any funeral director/embalmer who acts or holds himself or herself out as such after his or her certificate has been lapsed shall be punished as hereinafter provided. Any funeral establishment, funeral establishment branch office or crematory who acts or holds itself out as such after its license has been lapsed shall be punished as hereinafter provided. ADD}

{ADD 5-33.2-16. Funeral director/embalmer -- Internship. -- ADD} {ADD Nothing in this chapter shall be construed as prohibiting any person from serving as a funeral director/embalmer intern. Before an internship shall begin the person desiring to become an intern shall register with the division on such forms as it shall prescribe. No person under the age of eighteen (18) years shall be permitted to register as an intern. The division may make such rules and regulations as it deems advisable for the supervision of interns. All persons registering as an intern shall pay a fee of twenty dollars ($20.00) at the time of such registration. No such intern shall be permitted to advertise or hold himself or herself out to the public as a registered funeral director/embalmer. The term of internship shall be not less than one (1) year; provided, however, that if an intern after having served his or her internship fails to pass the examination for a funeral director/embalmer's license or fails to embalm fifty (50) human remains during their internship, he or she may continue their internship provided, however, that the total term of internship must be completed within five (5) years from the date of original registration.

The term of internship may be served before, after, or divided by the attendance at mortuary school at the option of the intern.

The intern must have assisted in embalming at least fifty (50) bodies if the period for registered internship is to be satisfied in one (1) year provided, that if the internship is for more than one (1) year, the applicant must embalm at least twenty five (25) bodies for each year of their internship. Each licensed funeral establishment embalming up to one hundred fifty (150) human remains per year shall be allowed to register one (1) intern at one (1) time. Each establishment embalming more than one hundred fifty (150) but less than three hundred (300) human remains per year shall be allowed to register two (2) interns at one (1) time. Each establishment embalming three hundred (300) or more human remains per year shall be allowed to register three (3) interns at one (1) time. ADD}

{ADD 5-33.2-17. Revocation or suspension of license. -- ADD} {ADD The division shall have the power to refuse to issue or may revoke or suspend any license issued by it under this chapter, after written notification and hearing before the board for gross incompetency, for unprofessional conduct, which is hereby defined to include:

(1) Conviction of a felony;

(2) Misrepresentations made of services, goods, or of funeral prices or fraud committed as a holder of a license for the practice of embalming, funeral directing or the holder of a license as a funeral establishment, funeral establishment branch or crematory;

(3) False or misleading advertising as the holder of a license for the practice of embalming, funeral directing or the holder of a license as a funeral establishment, funeral establishment branch or crematory; violating any regulations relating to "truth in advertising"; or failure to do the following:

(a) List only full time employees or those having an ownership interest in the advertisements including his or her title which clearly identifies ones duties;

(b) List the name of the funeral director of record for the establishment in all advertising;

(c) A deceased founder may be listed in advertisements with the notation "founder" following the name;

(4) Solicitation of dead human bodies by any licensed embalmer, funeral director, funeral attendant or the holder of a license as a funeral establishment, funeral establishment branch or crematory, its agents, assistants or employees, whether such solicitation occurs after death or while death is impending; provided that this shall not be deemed to prohibit general advertising;

(5) Employment directly or indirectly of any intern, agent, assistant, employee, or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;

(6) The direct or indirect payment or offer of payment of a commission by any funeral establishment, funeral establishment branch or crematory, its agents, assistants, or employees for the purpose of securing business;

(7) Solicitation or acceptance by a licensed funeral director/embalmer, or the holder of a license as a funeral establishment, funeral establishment branch or crematory, of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery;

(8) Using any funeral merchandise previously used in whole or in part without prior written permission of the person selecting and/or paying for the use of the merchandise;

(9) Violation of any of the provisions of this chapter;

(10) Violation of any state law or rule and regulation affecting the handling, custody, care, transportation or final disposition of dead human bodies;

(11) Fraud or misrepresentation in obtaining or renewing a license;

(12) Refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect such release and authorized cost has been paid;

(13) Aiding or abetting an unlicensed person to practice funeral directing and embalming or holding oneself out as a licensed funeral director/embalmer.

(14) Failure to secure any required permit for removal or burial of dead human remains prior to interment or final disposition;

(15) Knowingly making any false statement on a certificate of death;

(16) Violation of chapter 33.1 entitled "Funeral Service Contracts";

(17) Discriminating in services because of race, creed, color, or national origin;

(18) Permitting non-funeral service licensees to make arrangements for a funeral prior to, or at, need unless exempted under chapter 5-33.1 or a registered intern under the supervision of a licensee;

Any person whose certificate has been so revoked or suspended may apply to have the certificate reissued, and the certificate shall be reissued to him or her upon a satisfactory showing that disqualification has ceased. ADD}

{ADD 5-33.2-18. Summons of witnesses. -- ADD} {ADD The division shall have power by its administrator to summon any person to appear as a witness and testify at any hearing of the division under the provisions of this chapter and to examine and to administer oaths to those witnesses. ADD}

{ADD 5-33.2-19. Appeals. -- ADD} {ADD Any person aggrieved by any decision or ruling of the division may appeal therefrom to the administrator of the division or his designee. A further appeal may then be made to the appropriate board of examiners. Any person aggrieved by any decision or ruling of that board may appeal therefrom to the director of the department. Any further appeal from the action of the director shall be in accordance with the provisions of chapter 35 of title 42. The division shall be considered a person for the purposes of this sectin. ADD}

{ADD 5-33.2-20. Restricted receipts accounts for fees. -- ADD} {ADD All the proceeds of any fees collected pursuant to the provisions of this chapter, shall be placed in a restricted receipts account which shall be used for the general purposes of the division of professional regulation within the department of health. ADD}

{ADD 5-33.2-21. Penalty for violations. -- ADD} {ADD Any person, partnership, corporation, limited liability company, association or his or her or its agents or representatives violating any of the provisions of this chapter, or of any rules or regulation of division, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not exceeding six (6) months or by a fine not exceeding five hundred dollars ($500) or by both the fine and imprisonment, within the discretion of the court. ADD}

{ADD 5-33.2-22. Complaints of violations. -- ADD} {ADD Complaints for violation of the provisions of this chapter or of any lawful rules or regulation made thereunder by the division may be made by the administrator of the division or by any person authorized by the administrator, who shall be exempt from giving surety for costs on any such complaint.

All complaints filed with the division charging a person or establishment with having been guilty of any actions specified in this chapter or the rules and regulations must be sworn and notarized. Complaints for violation of the provisions of this chapter or of any lawful rules or regulation made thereunder by the division may be made by the administrator of the division or by any person authorized by the administrator, who shall be exempt from giving surety for costs on any such complaint. ADD}

{ADD 5-33.2-23. Severability. -- ADD} {ADD If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule or regulation, and the application of the provision to other persons or circumstances, shall not be affected thereby. ADD}

SECTION 3. This act shall take effect on November 1, 1995.