Board Policies and Guidelines (Embalming and Funeral Directing)

Board of Embalmers and Funeral Directors CORI Policy

Policy #18-01

Adopted July 17, 2018

Registered funeral directors may, from time to time, have cause to remove personal materials from dead human bodies, either for their own purposes or at the request of others.  In this regard, personal materials are not personal items, such as clothing, jewelry, and other personal effects.  Rather, such materials can include, for example, locks of hair, fingerprints, certain medical devices, or even a DNA sample. 

Due to the ethical obligation registered funeral directors have to treat the dead human bodies entrusted to them with respect, dignity, and privacy, and the trusting and confidential nature of the relationship with the next of kin, removal of personal materials may only occur with the prior consent of the next of kin or the legal representative of the decedent.  As part of that consent, registered funeral directors must state to whom and for what purpose the removal of personal material is sought.  Any subsequent use would require a new consent.  The Board strongly encourages that this consent to removal of personal materials be in writing, signed by the parties.

Policy #10-01

August 24, 2010

The following guidelines are followed by the Board of Registration in Embalming and Funeral Directing for the purpose of advising licensees when they must seek a new establishment certificate for a funeral establishment.

Policy:

One or more duly licensed Type 3 Funeral Directors must own more than a fifty percent stake in a funeral establishment for that establishment to obtain a funeral establishment certificate and legally operate. Pursuant to MGL c. 112, §83, a funeral establishment certificate shall be deemed automatically cancelled when a change of ownership takes place. The purpose of this policy is to advise the profession as to when conditions require issuance of a new establishment certificate and render the old one invalid (and thus require operations out of said establishment to cease until a new certificate is issued).

A. Sale/Transfer of stocks/shares of the funeral establishment

A new funeral establishment certificate must be obtained whenever there is a change in the holding of the stocks/shares of the funeral establishment such that the original funeral director(s) holding more than a fifty percent share transfers such shares so that he/she/they hold less than fifty percent.

No change in ownership is deemed to have occurred for Board purposes when shares are transferred between funeral directors who were original (over 50%) owners of the funeral establishment, such that majority control transfers from one director to the other and not to any new party.

B. Death of a Funeral Director who has a non-licensed surviving spouse

According to MGL c. 112, §83, the Board may provide some form of licensure to a surviving spouse of a deceased funeral director. As such a spouse may not necessarily have the education or skills necessary to provide funeral directing and embalming services, the Board interprets this section to allow the surviving spouse to count as a funeral director for ownership purposes. For such a widow to qualify and not require a new establishment certificate, 1) the deceased funeral director must have been validly licensed upon death (not suspended, revoked, or expired), and 2) the surviving spouse must employ a duly licensed funeral director to provide services in the establishment.

C. Disciplinary action against a funeral director

Discipline against a funeral director shall require a new establishment certificate when the funeral director holds more than a fifty percent share in the establishment and:

a. His/her funeral directing license(s) have expired

b. Is revoked by the Board

c. Is suspended for more than one (1) year*

D. Name and location changes

A new establishment certificate will be required whenever the name and/or location of the funeral establishment changes. However, for name changes only, the funeral establishment need only file the first three pages of the establishment certificate application and need not certify disability compliance or provide other documentation normally required for a funeral establishment.

E. Time for compliance

Upon change of ownership, an existing funeral establishment may operate for a maximum of thirty (30) days after the change without being issued a new funeral establishment certificate. An establishment certificate must be filed within ten (10) days of the change in ownership. This transition period is not permitted for funeral establishments whose license has been revoked and/or the owner holding more than a fifty percent share has been revoked, such establishments must cease operations immediately.

* For suspensions of less than one year, the Board must give written approval to have a validly licensed funeral director to operate the establishment during the pendency of the suspension. Absent this approval, such establishments may not operate.

Policy #08-04

October 21, 2008

Purpose:

To clarify the language in M.G.L. c. 112, section 84: "The profession of funeral directing shall be conducted or practiced at a fixed place or establishment, and no person, partnership, corporation, association or other organization shall open or maintain a place or establishment at which to practice such profession unless an establishment certificate has been granted by said board. Such certificate shall be for one location only; provided, that this shall not prevent a registered funeral director from conducting a funeral in another licensed establishment, nor from a church, nor from a private residence from which funeral services are not regularly conducted, a public lodge or hall room, providing such person maintains a fixed place or establishment of his own conforming to the above requirements."

Policy:

A Registered Licensed Funeral Director (Type 3) may temporarily offer services at another establishment in cases of vacation, suspension (with Board approval), illness or disability. Services offered at the other funeral home are limited to services incidental to temporary coverage at another funeral home.

Policy #08-02

August 19, 2008

Purpose

The purpose of this policy is address invalid establishment certificates.

Policy

The Board will open a formal complaint if it learns of a funeral home operating under an invalid establishment certificate (e.g. one issued to the previous owner). The establishment will be offered an opportunity to cure the deficiency by filing a complete application for an establishment certificate within thirty (30) days. The establishment will also be offered the opportunity to resolve the complaint short of a formal hearing by paying a one thousand ($1,000.00) dollar fine for unlicensed practice. Continued operation of the establishment thirty (30) days from the date that the consent agreement was sent to the operator of the establishment without filing an application for an establishment certificate will be treated as a subsequent violation of the unlicensed practice statute. A subsequent violation may also provide a basis for denial of an application for an establishment certificate filed on an untimely basis. In cases of death or incapacity of an owner, the estate or guardian shall be allowed thirty (30) days to notify the Board of the death or incapacity prior to the opening of a complaint. Thereafter, the new owner shall be afforded a reasonable time (based on the circumstances surrounding the death or incapacity) to file a complete application for an establishment certificate.

Discussion

Pursuant to M.G.L. c. 112, s. 83: "[t]he profession of funeral directing shall be conducted or practiced at a fixed place or establishment, and no person, partnership, corporation, association or other organization shall open or maintain a place or establishment at which to practice such profession unless an establishment certificate has been granted by said board. ... An establishment's certificate shall remain in force indefinitely unless revoked by the board or until there has been a change in the ownership of the establishment, which shall automatically cancel said certificate." (emphasis added)

It is the Board's position that operating with an invalid establishment certificate is unlicensed practice. Pursuant to M.G.L. c. 112, s. 65A, "each board of registration under the supervision of the division of professional licensure ... may, after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding held pursuant to chapter 30A, assess and collect a civil administrative penalty not to exceed $1,000 for the first violation and a civil administrative penalty not to exceed $2,500 for a second or subsequent violation upon a person who, without holding the required license, certificate, registration or authority, engages in the practice of a trade or profession for which a license, certificate, registration or authority is required."

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.

April 8, 2020

The Board of Registration of Embalming and Funeral Directing wishes to remind its registrants that they are required to remove any medical devices that cannot be cremated and that cremating bodies with installed pacemakers creates a hazard of explosion and presents a danger to the workers who are present. Also, although the Office of the Medical Examiner has waived the 48 hour delay for cremation during the state of emergency, proper paperwork is still required for cremation and/or burials.  The Board understands that funeral directors and their employees are operating in highly unusual and stressful circumstances; however, the failure to follow the Board’s documentation and practice standards will result in a delay of proper disposition, to the detriment of all concerned.  Please be sure to have all of your paperwork in order (e.g. permits, signed documentation from the family, and Medical Examiner release. See 239 CMR 3.09, 3.10, and 3.11) and follow the guidelines set up by the crematories and cemeteries.  You may be required to notify the crematory or cemetery in advance of transporting the body.

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Rule 18