Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 29 - EMBALMERS, FUNERAL DIRECTORS, AND FUNERAL ESTABLISHMENTS (§§ 17-29-201 — 17-29-702) › Subchapter 3 - EMBALMERS AND FUNERAL DIRECTORS LAW - LICENSING (§§ 17-29-301 — 17-29-315) › Section 17-29-304 - Funeral establishment - Requirements

(a)
(1)
A person shall not conduct, maintain, manage, or operate a funeral establishment in this state unless the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services 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:
(A)
Accurately reflect the name and location of the funeral establishment on file with the board;
(B)
Accurately describe each location to which the price list, statement, publication, advertisement, or document applies; and
(C)
Include additional annual requirements as determined by rule of the board.
(3)
A funeral establishment shall:
(A)
Establish a permanent place of business;
(B)
Maintain a working telephone number for the funeral establishment;
(C)
Maintain working public utilities, including without limitation running water, electricity, and a functioning heating and cooling system; and
(D)
Ensure that the interior of the funeral establishment is protected from exposure to outside elements.
(4)
A funeral establishment may display a sign at each location of the funeral establishment that indicates the registered name of the funeral establishment that is on file with 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 United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases;
(D)
A heating and cooling system that is separate from the rest of the funeral establishment;
(E)
Privacy coverings on doorways and windows that prevent viewing of the preparation room and the contents of the preparation room;
(F)
A functional lock that prevents unauthorized entrance to the preparation room;
(G)
A biohazard waste disposal system that complies with §
20-32-101
et seq. and rules established by the Department of Health concerning the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities; and
(H)
Other requirements established by rule of the board.
(2)
The funeral establishment shall comply with the rules of the department and standards and regulations of the United States 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;
(2)
Display on site a reasonable number of caskets as determined by the board;
(3)
Maintain proper care and maintenance of the interior and exterior of the funeral establishment;
(4)
Maintain the interior and exterior of the funeral establishment in a manner that does not present a potential or actual hazard to the health, safety, or welfare of the public; and
(5)
(A)
Maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board.
(B)
Accessibility to a refrigeration unit by a funeral establishment shall be reported as determined by rule of the board.
(C)
A multi-unit funeral establishment enterprise is required to maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of 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.
(k)
Multiple funeral establishments are not permitted to share the same physical location without the prior approval of the board.
Amended by Act 2019, No. 697,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 788,§ 12, eff. 7/1/2018.
Amended by Act 2017, No. 788,§ 11, eff. 7/1/2018.
Amended by Act 2017, No. 788,§ 10, eff. 7/1/2018.
Amended by Act 2017, No. 788,§ 9, eff. 7/1/2018.
Amended by Act 2015, No. 1095,§ 24, eff. 7/22/2015.
Amended by Act 2015, No. 1095,§ 23, eff. 7/22/2015.
Amended by Act 2015, No. 1095,§ 22, eff. 7/22/2015.
Amended by Act 2015, No. 1095,§ 21, eff. 7/22/2015.
Amended by Act 2015, No. 1095,§ 20, eff. 7/22/2015.
Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1999, No. 1138, § 4; 2003, No. 367, § 3; 2011, No. 874, § 2.