(a) (1) A person shall not conduct, maintain, manage, or operate a funeral establishment in this state unless the State Board of Embalmers and Funeral Directors has issued a license for the funeral establishment and the license is displayed in the funeral establishment.
(2) A price list, statement of funeral goods and services, publication, advertisement, or other document of a funeral establishment shall accurately:
(A) Reflect the name and location of the funeral establishment on file with the board;
(B) Describe each location to which the price list, statement, publication, advertisement, or document applies; and
(C) Any additional annual requirements as determined by rule of the board.
(b) (1) (A) Except as provided in subdivision (b)(2) of this section, the board shall not issue a license to operate a full-service funeral establishment unless the establishment has employed a full-time manager who:
(i) Is a licensed funeral director;
(ii) Actively supervises the staff of the establishment; and
(iii) Is not employed by a nonaffiliated funeral establishment.
(B) A funeral establishment shall:
(i) Be open for business and available for inspection by the board during normal business hours; and
(ii) Post conspicuously its hours of operation on the premises of the funeral establishment.
(2) A funeral establishment that is a part of a multiunit enterprise within this state may employ only one (1) full-time manager who is licensed as a funeral director for a branch of the funeral establishment if the full-time manager:
(A) Is reasonably accessible to the branch of the funeral establishment; and
(B) Resides within fifty (50) miles of the branch of the funeral establishment.
(c) Application for the funeral establishment licenses shall be made on forms furnished by the board.
(d) All embalming therein shall be performed by or under the direct supervision of an Arkansas-licensed embalmer.
(e) (1) A funeral establishment that conducts embalming shall have a preparation room for embalming that has:
(A) Sanitary floors, walls, and ceilings that are constructed from a washable surface;
(B) Adequate sanitary drainage and disposal facilities, including hot and cold running water;
(C) An exhaust system that provides proper ventilation according to the standards and regulations of the Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases; and
(D) A heating and cooling system that is separate from the rest of the funeral establishment.
(2) The funeral establishment shall comply with the rules of the Department of Health and standards and regulations of the Occupational Safety and Health Administration 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 or her 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:
(1) Contain a separate conference room that is used to make funeral arrangements; and
(2) Display on site a reasonable number of caskets as determined by the board.
(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.
(i) (1) A funeral establishment shall provide proof of general liability insurance.
(2) The board shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed funeral establishments.
(j) Upon renewal of its license, a funeral establishment that is currently operating under this section shall be subject to the provisions in this section as determined by rules of the board.
Section: Previous 17-29-302 17-29-303 17-29-304 17-29-305 17-29-306 17-29-307 17-29-308 17-29-309 17-29-310 17-29-311 17-29-312 17-29-313 17-29-314 17-29-315 NextLast modified: November 15, 2016