| Subchapter
3 |
Embalmers
and Funeral Directors Law - Licensing |
| § 17- 29- 303 |
Embalmers,
Funeral Directors - Examination - Certificates |
| (a) |
Within a
reasonable time and in a place reasonably accessible to the applicant, after completion
and filing of an application with the board, the board shall subject each applicant to a
written and oral examination as to his competency to act as an embalmer or funeral
director, or both. |
| (b) |
If on
examination the board finds that the applicant possesses a knowledge of the science of
embalming, sanitation, and disinfection,or funeral directing, or both, and meets the
qualifications prescribed herein, the board shall issue the applicant a certificate
authorizing him to practice the science of embalming or to engage in the business of
funeral directing, or both. The board shall then register the applicant as a duly
certified embalmer or funeral director, or both. |
| (c) |
The
certificate shall be signed by the president and secretary of the board and shall have the
official seal affixed. |
| (d) |
Every
license holder shall maintain his license in a convenient place in his office or place of
business. |
|
|
|
| § 17- 29- 304 |
Funeral
Establishment - Requirements |
| (a) |
No person
shall conduct, maintain, manage, or operate a funeral establishment unless a license for
each establishment has been issued by the board and is displayed in the funeral
establishment. |
| (b) |
No license
shall be issued to operate a full service funeral establishment by the board unless the establishment
has employed a full-time person licensed as a funeral director. If the establishment is a
part of a multiunit enterprise within this state, only one (1) establishment within the
multiunit enterprise must have a full-time person licensed as funeral director, provided
the full-time licensed person is reasonably accessible to the branch establishment. |
| (c) |
Application
for the funeral establishment licenses shall be made on forms furnished by the board, on
or before January 1 of each year, and accompanied by the specified fee. |
| (d) |
All
embalming therein shall be performed by or under the direct supervision of an Arkansas
licensed embalmer. |
| (e) |
An
establishment in which embalming is conducted shall have a preparation room with a
sanitary floor, walls, and ceiling, adequate sanitary drainage and disposal facilities,
including running water, and exhaust fans. Such establishment shall comply with the
regulations of the Department of Health and OSHA for the prevention of the spread of
contagious, infectious, or communicable diseases. |
| (f) |
Each
funeral establishment using an available embalmer shall file with the board a notarized
statement signed by the embalmer, stating that his services are available to the
establishment at all times, and within a reasonable time after death occurs, not to exceed
six (6) hours. |
| (g) |
A funeral
establishment shall contain a casket selection room with a reasonable number of caskets
therein. The reasonable number shall be determined by the board. However, if an
establishment is a part of a multiunit enterprise, only one (1) establishment in the
enterprise need have a selection room if it is within a reasonable distance of other
establishments within the multiunit enterprise. |
| (h) |
Mobile
homes or mobile units are prohibited for use as a funeral establishment or branch thereof.
No mobile home or mobile units shall be used for the performance of any function or
service of a funeral establishment except in case of emergency as prescribed by the board.
Mobile homes, modular units, manufactured homes, and similar mobile units may be granted a
replacement license on a case by case basis. |
