KRS § 316.010 — KY Code / Title XXVI / Chapter 316 / Section 316.010
316.010 Definitions for chapter
Status: in_force

316.010 Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

(1) "Apprentice" means a person engaged in learning the practice of embalming or

funeral directing who is under the instruction and personal supervision of a

Kentucky-licensed embalmer or a Kentucky-licensed funeral director;

(2) "Board" means the Kentucky Board of Embalmers and Funeral Directors;

(3) "Direct burial" means the pick-up, transport, and interment of a dead human body or

body parts without a funeral;

(4) "Embalmer" means a person who preserves, restores, and disinfects dead human

bodies by the application of chemical substances either externally or internally, or

both;

(5) "Embalming service establishment" means a place of business where dead human

bodies are embalmed or otherwise prepared or held for burial. An embalming

service establishment shall not arrange or conduct a funeral or direct burial. An

embalming service establishment may arrange for and transport dead human bodies

only under the following circumstances:

(a) On behalf of a full-service funeral establishment;

(b) On behalf of a visitation and ceremonial funeral establishment; or

(c) At the direction of a coroner;

(6) "Funeral" means the ceremonies or services related to the final disposition and

interment of a human body or body parts;

(7) "Full-service funeral establishment" means a place of business where dead human

bodies may be embalmed or otherwise prepared and held for burial and where

funeral services may be arranged, provided, and conducted;

(8) "Funeral director" means a person who, for profit, engages in or represents himself

or herself as engaged in the supervision, direction, and arrangement of funeral

services, transportation, burials, and disposals of dead human bodies;

(9) "Funeral establishment" or "establishment" means:

(a) A full-service funeral establishment;

(b) An embalming service establishment; or

(c) A visitation and ceremonial funeral service establishment;

(10) "Memorial service" means a ceremony or service held in honor of a deceased

human being at which there are no human remains, as defined in KRS

367.97501(14) present, and for which no license is required;

(11) "Person," as used in this chapter, includes but is not limited to an individual,

partnership, firm, association, or corporation;

(12) "In use" means that funeral directing or embalming is taking place in a funeral

establishment;

(13) "Courtesy card" means a card that is issued by the board to a funeral director or an

embalmer from another state that gives the director or embalmer permission to

receive and transport a dead human body to and from Kentucky for a funeral and to

conduct funeral services and burials in Kentucky;

(14) "Supervision" means responsibility for the professional activities of the funeral

establishment that requires a Kentucky-licensed funeral director or a Kentucky-

licensed embalmer, as appropriate, to be on the premises when the funeral

establishment is in use. If the Kentucky-licensed funeral director or the Kentucky-

licensed embalmer is unable to be on the premises due to a reasonable

circumstance, then the Kentucky-licensed funeral director or the Kentucky-licensed

embalmer shall be within a reasonable proximity to the funeral establishment so that

upon contact the funeral director or embalmer is able to immediately return to the

funeral establishment; and

(15) "Visitation and ceremonial funeral service establishment" means a location from

which a funeral establishment may provide all services except embalming within

either the same or adjoining county as that served by an affiliated full-service

funeral establishment. The visitation and ceremonial funeral service establishment

shall be owned in whole or in part by the affiliated full-service funeral

establishment, and shall be located sufficiently close to the full-service funeral

establishment to share administration and services in a manner that renders it

unnecessary for the visitation and ceremonial funeral service establishment to

independently meet the minimum licensure requirements for a full-service funeral

establishment. A full-service funeral establishment may own and operate more than

one (1) visitation and ceremonial funeral service establishment.