Policy #08-01

June 3, 2008 (amended January 25, 2011)

Purpose:

The purpose of this policy is to offer guidance to funeral directors and embalmers who have allowed their license to embalm to lapse. Policy: Funeral directors and embalmers who have allowed their license to expire for more than one (1) year shall be subject to payment of the accrued penalties and shall be required to meet the provisions of section eighty-three relative to original registration. Including: submitting an application with all fees (application fee, late fee, and back licensure fees); providing proof of completion of all continuing education required during the period the license was expired, and achieving a passing score on the state examination. The applicant will have one hundred and eighty (180) days from submitting the application to complete the process. If an applicant fails to complete the process within one hundred and eighty (180) days he/she must appear before the Board to request an extension.

Discussion:

Pursuant to M.G.L. c. 112, s. 84 "If no application for renewal or for revival of a funeral director's or embalmer's certificate is made within said twenty days, the holder thereof may within one year of the original date of expiration of the certificate apply for renewal of the same upon the payment to the board of a penalty at the rate of one dollar each week beyond the date of said twenty-day revival period. If at the expiration of one year no application for renewal has been made, the board will remove the former registrant's name from its books. If such former registrant, after the expiration of the one year, applies for registration, he shall be subject to payment of the accrued penalties, and shall be required to meet the provisions of section eighty-three relative to original registration." 239 CMR 3.02 (2) states: "[a]ny individual desiring to become a registered embalmer shall make application to the Board on a form provided for that purpose. Said application shall contain written proof satisfactory to the Board that…(g) The applicant has achieved a passing grade on the embalmer's registration examination prescribed by the Board." In addition, 239 CMR 3.02(3) states: "[a]ny individual who desires to become registered as a funeral director shall make application to the Board on a form provided for that purpose. Said application shall be accompanied by written proof satisfactory to the Board that… (f) The applicant has achieved a passing grade on the funeral director registration examination prescribed by the Board."

The Board interprets the above statute and regulation to require that funeral directors and embalmers who have allowed their license to expire for more than one (1) year shall be required to submit an application for licensure with all fees (application fee, late fee, and back licensure fees); provide proof of completion of all continuing education required during the period the license was expired, and achieving a passing score on the state examination. In the event an embalmer or funeral director is suspended, the first date of suspension shall be considered the first date of license expiration for purposes of this statute. The applicant will have one hundred and eighty (180) days from submitting the application to meet the requirements. If the applicant fails to meet the requirements within one hundred (180) days he/she must appear before the Board and request an extension of time.