Code of Alabama - Title 34: Professions and Businesses - Section 34-13-112 - Employment of embalmer or director by other establishments; supervision and control; licensing of establishment not to license embalmer or director

Section 34-13-112 - Employment of embalmer or director by other establishments; supervision and control; licensing of establishment not to license embalmer or director.

(a) All applications for a license to operate a funeral establishment shall show that a managing funeral director and managing embalmer are employed by the establishment. All applications for a license to operate a crematory shall show that a managing cremationist is employed by the establishment. This section shall not be construed to require a full-time licensed embalmer at each funeral establishment. No funeral establishment shall be licensed except upon the basis of employing a managing funeral director who lives within 75 miles of the funeral establishment. All embalming shall be performed under a licensed embalmer. A licensed embalmer is not restricted from working for more than one funeral establishment.

(b) No managing funeral director, based upon whose license or licenses a funeral establishment license has been issued, may serve as the regularly employed managing funeral director at another funeral establishment owned by a different person, firm, or corporation at the same time for the purpose of qualifying the other establishment under this chapter.

(c) It is declared to be the legislative intent of this chapter that every funeral establishment in this state shall be operated under the full charge, control, and supervision of a managing funeral director and a managing embalmer. This section shall not preclude an unlicensed person from being in charge of the bookkeeping or records of such an establishment. The name of the licensed person to be in charge of each funeral establishment shall be stated on the application for all licenses or renewal of the licenses.

(d) The issuance of a license to operate a funeral establishment to a person who is not individually licensed as a funeral director or embalmer does not entitle the person to practice embalming or funeral directing, as defined by this chapter, it being the intent of this chapter that such practice may be performed only through individually licensed funeral directors and embalmers; and, in addition to all other grounds for suspension of a funeral establishment license as enumerated in this chapter, a funeral establishment license shall be revoked by the board upon hearing thereon if any person, whether owner, officer, stockholder, or otherwise, who is connected with the funeral home shall perform any of the functions of a funeral director or embalmer as defined herein or shall hold himself or herself out as a funeral director.

(Acts 1975, No. 214, p. 705, §43; Act 2017-433, §1.)

Last modified: May 3, 2021