Alabama Administrative Code › Title 395 - ALABAMA BOARD OF FUNERAL SERVICE › Chapter 395-X-6 - FUNERAL ESTABLISHMENT REQUIREMENTS › Section 395-X-6-.15 - Inspection Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 violation under this section is a violation of minimum standards and a threat
			 to the health, safety, and welfare of the public. A funeral establishment or
			 mortuary service licensed by the board shall pay a fine to the board for each
			 violation of this section. If the inspector or a representative of the board
			 finds a violation during an inspection, he or she may immediately issue a
			 citation listing each violation and fine or submit the matter to the board in
			 accordance with the administrative procedures act. After a citation has been
			 issued, the licensee shall either pay the amount of the fine to the board or
			 submit a written request for an administrative hearing before the board. A
			 request for an administrative hearing before the board shall be received by the
			 board not later than 30 calendar days after the day the citation is issued.
			 Failure to either pay the fine or timely request an administrative hearing
			 before the board shall cause additional disciplinary action to be taken against
			 the licensee. The requirements for inspections and the fines for violations
			 under this section are as follows:
Minimum Standards
Fine for Violating
1. Licenses
a. A license issued under this chapter shall be
							 current and on public display in an area not restricted from the public
							 travel.
$200.00
b. Each license issued under this chapter shall be
							 displayed in the place of business or employment of the licensee.
$100.00
2. Selection Room
a. Each funeral establishment shall have a clean and
							 neatly arranged selection or display room containing a stock of adult caskets
							 and funeral supplies displayed in full size, cuts, photographs, or electronic
							 images of caskets for persons to view available funeral merchandise or
							 supplies.
$200.00
b. At no time shall less than eight different
							 adult
$300.00 per
full-size caskets be on the premises of the funeral
							 establishment.
casket below the minimum
c. Each funeral establishment shall have a card or
							 brochure in each full-size and cut casket and on each photograph and electronic
							 image of a casket stating the unit price of that casket.
$100.00 per casket without a card or brochure
3 . Rest Room
a. Each funeral establishment shall have at least one
							 public rest room. Each rest room shall have a nonporous floor, clean walls, and
							 shall be equipped with hot and cold running water, roll or disposable towels or
							 an electronic hand dryer, and necessary lighting for adequate
							 visibility.
$100.00
b. No public rest room shall be used as a storage
							 area for mops, brooms, or any other such items.
$100.00
4. Preparation Room / Branch Location
i. One approved embalming table
$200.00
ii. Correctly operating embalming equipment
$200.00
iii.A selection of all professional equipment
							 necessary for embalming.
$200.00
iv. Nonporous floors and walls.
$200.00
v. Hot and cold running water.
$100.00
vi. A working ventilation fan.
$200.00
vii.A suitable container for waste disposal.
$100.00
viii. A suitable container for soiled linen or
							 clothing
$100.00
ix. Proper drainage.
$200.00
x. Embalming room and its contents are kept clean of
							 blood when not in use.
$200.00
xi. At no time shall the preparation room be used as
							 a storage area.
$100.00
xii.Aspirator, trocar, nasal tube aspirator,
							 aspirating hoses.
$200.00
5 . Embalming Record
a. Each funeral establishment in the state shall keep
							 a current record of each human dead body embalmed at the establishment and
							 shall retain such record for a period of not less than four years. The record
							 may be in simple log form and shall contain the name of the deceased, the date
							 of embalming, the time the embalming procedure began and ended, and the
							 signature of the embaimer.
$200.00
6. Identification of Dead Human Bodies
a. Each funeral establishment shall comply with
							 Section 22-19-5 and
							 395-X-6-.07 by affixing a
							 non-detachable ankle bracelet with identifying information to each dead human
							 body in the possession or custody of the funeral establishment.
$100.00 per
body not identified
7. General Interior
a. There are no rotten or deteriorated floor boards
							 or flooring which is subject to public travel.
$100.00
b. All outside openings are screened, covered, or
							 otherwise sealed to prevent the entrance of insects or rodents.
$100.00
c. Any openings between the preparation room and
							 public areas are sealed to prevent fumes from escaping into those public
							 areas.
$100.00
d. All public areas are well maintained with a clean
							 and attractive appearance including the repair and proper maintenance of all
							 walls, ceilings, and floors and the absence of holes, scaling paint, or any
							 other deterioration.
$200.00
8 . General Exterior
a. The premises are free of litter and debris.
$200.00
b. All areas subject to public travel are free of
							 objects or other matter which could cause possible injury.
$200.00
c. All roofing or overhead coverings are well
maintained to prevent any leaks to the interior of
							 the funeral establishment.
$200.00
9. Hearse or Funeral Coach
a. One operating and properly licensed funeral coach
							 or hearse, equipped for transporting human remains in a casket or urn, on the
							 premises.
$300.00
b. Mortuary Service must have at least one operating
							 and properly licensed motor vehicle, equipped for transporting human remains in
							 a casket or urn.
$300.00
10. Access
a. Each funeral establishment shall allow reasonable
							 access to the board, or an authorized agent or representative of the board, for
							 inspecting the facilities of the funeral establishment.
$400.00
11. Crematory Facilities
(a) Clean, Orderly and Sanitary
$100.00
(b) Nonporous floors
$200.00
(c) Hot and cold running water.
$100.00
(d) Operating processing equipment
$200.00
(e) Operational Ventilation unit in conjunction with
							 processer
$200.00
(f) Necessary equipment and supplies to complete the
							 cremation process
$200.00
(g) Combustible Container being used
$200.00 per body not in a combustible
							 container
(h) Combustible Container present
$200.00
(i) Identifying information on Combustible
							 Container
$100.00 per container not identified
(j) Operable Refrigeration system within the required
							 constant temperature
$200.00
(k) Metal Tags with identifying information
$300.00
(1) Are Containers containing cremains properly
							 identified
$200.00 per container
12. Cremation Chamber
(a) Reasonable clean and free of excessive
							 residue
$100.00
13. Record
(a) Crematory Operator Certificates Posted
$100.00
(b) Cremation Authorization meets requirements
$500.00
(c) State ID Forms being completed
$500.00
(d) Cremation Log Current and has required
							 information
$200.00
14. Pricing Requirements (All Funeral
							 Establishment)
(a) Does the establishment pricing meet the rules
							 established by the Federal Trade Commission?
$500.00
(2) If
			 the board finds a licensee guilty of any violation of Chapter 13, Title 34,
			 Code of Alabama 1975 or Chapter 395 of the administrative code, including but
			 not limited to, any violation of subsection (a) and the infractions therein,
			 the board may refuse to grant, refuse to renew, or suspend or revoke a license,
			 after proper hearing and notice to the licensee, upon the licensee being found
			 guilty of any violation of this chapter. The board may levy and collect
			 administrative fines for any violation of this chapter, or the rules or
			 regulations of the board, in an amount not less than five hundred dollars
			 ($500) nor more than two thousand five hundred dollars ($2,500) for each
			 violation of this chapter for which the licensee has been found guilty. Repeat
			 violators will be subject to further disciplinary action by the Board in
			 accordance with the
Code of Ala. 1975
, Title 34
			 Chapter 13.
Was previously .09 and renumbered to .15 per certification
				  filed September 12, 2017; effective October 27,
				  2017.
Author:
Charles M. Perine
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-13-26,
				  34-13-56,
				  34-13-111,
				  34-13-113.