Arkansas Administrative Code › Agency 043 - Board of Embalmers and Funeral Directors › Rule 043.00.06-001 - Rule Revisions to Rule IV, V, VI, VII, VIII, IX, XIV, XV and Definitions section; and Revisions to Continuing Education Rules

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS
RULE I
DEFINITIONS
1.
ADVERTISEMENT.
The
		  publication, dissemination, circulation or placing before the public, or
		  causing directly or indirectly to be made, published, disseminated or placed
		  before the public any announcement or statement in a newspaper, magazine, or
		  other publication, or in the form of a book, notice, circular, pamphlet,
		  letter, handbill, poster, bill, sign, placard, card, label, tag or over the
		  radio or television station.
2.
APPRENTICE.
A person who is engaged in learning the practice of
		  embalming or the business of funeral directing, as the case may be, under the
		  instruction and direct personal supervision of a duly license embalmer or
		  funeral Director of the State of Arkansas, who is duly registered as
		  such.
3.
ARKANSAS
		  CODE.
Arkansas Statutes pertaining to the funeral industry.
4.
ARRANGER.
The person or
		  persons arranging for any type of service following or in advance of a
		  death.
5.
AUTHORIZING
		  AGENT(S).
An authorizing agent(s) is a person legally entitled to order
		  the cremation of human remains. An authorizing agent shall be the next of kin
		  of the deceased. In the absence of a next of kin, an order from a court of
		  appropriate jurisdiction shall be obtained. In the case of indigents or any
		  other individuals whose final disposition is the responsibility of the state, a
		  public official charged with arranging the final disposition of the deceased,
		  if legally authorized may serve as the authorizing agent. In the case of
		  individuals who have donated their bodies to science, and in which the
		  institution is charged with making arrangements for the final disposition of
		  the deceased, a representative of the institution, if legally authorized, may
		  serve as the authorizing agent. If the deceased has authorized their own
		  cremation by a pre-need arrangement, then any person acting on those
		  instructions will be considered legally authorized, unless such authorization
		  is in conflict with the wishes of the deceased next of kin.
6.
BAIT ADVERTISING.
Advertising
		  a funeral, or an alternative type of service, which the advertising funeral
		  firm, in truth, does not intend or does not wish to sell. Its purpose is to
		  induce persons "before the time of need," or "at need," to visit or call the
		  funeral firm, and then sell them a higher priced service.
7.
BOARD.
As used in these Rules
		  and Regulations shall mean the Arkansas State Board of Embalmers and Funeral
		  Directors or any successor thereof.
8.
CASH ADVANCE or CASH
		  ACCOMODATIONS.
Monies paid to outside parties by the funeral director or
		  the funeral service firm on behalf of the arrangers.
9.
CASKET.
A rigid container in
		  which the dead body is placed for use in religious services or other
		  ceremonies, transportation or final disposition; usually constructed of wood,
		  metal, or manufactured materials such as plastic, fiberglass, chipboard,
		  pressed paper, paperboard or corrugated paper.
10.
CLOSED CONTAINER.
Any
		  container in which cremated remains can be placed and closed in a manner so as
		  to be resistant to leakage or spillage of cremated remains or the entrance of
		  foreign materials.
11.
COMMITTAL SERVICE.
That final rite or ceremony preceding the final
		  disposition of the body,
12.
CREMATION/CALCINATION.
The technical process, using heat, that reduces
		  human remains to bone fragments, which may be reduced to a powdery substance.
		  The reduction takes place through heat and evaporation.
13.
CREMATORY.
The building or
		  portion of a building that houses the cremation chamber and the holding
		  facility.
14.
CREMATORY
		  AUTHORITY.
The legal entity or the authorized representative of the
		  legal entity which is licensed by the Board to operate a crematory and perform
		  cremations.
15.
CREMATION
		  CHAMBER.
The enclosed space within which the cremation process takes
		  place.
16.
CREMATION
		  CONTAINER.
The container in which the human remains are placed in the
		  cremation chamber for a cremation and which should be required by the cremation
		  authority if the remains are not in a casket. A cremation container should meet
		  substantially all of the following standards:
1. Be composed of readily combustible
		  materials suitable for cremations;
2. Be able to be closed in order to provide a
		  complete covering for the human remains;
3. Be resistant to leakage or
		  spillage;
4. Be rigid enough for
		  handling with ease; and
5. Be able
		  to provide protection for the health, safety and personal integrity of
		  crematory personnel.
17.
CREMATED REMAINS or CREMAINS.
All human remains recovered after
		  the completion of the cremation process, including pulverization which leaves
		  only bone fragments reduced to unidentifiable dimensions.
18.
DIRECT DISPOSITION.
The
		  disposition of the body of a dead person as quickly as the law will allow
		  without its preparation except when required by law and without any attendant
		  religious services or other rites or ceremonies.
19.
DIRECT PERSONAL SUPERVISION.
During the apprenticeship period the supervisor of all embalmers and/or funeral
		  directors must be readily accessible on the premises wherever embalming and/or
		  funeral directing is preformed.
20.
DISPOSITION AUTHORITY.
The licensed funeral establishment,
		  cremation authority, or other person or legal entity charged with the
		  disposition of cremated remains.
21.
EMBALMER.
A person required
		  to be licensed to practice the Science of Embalming under the laws of this
		  State who disinfects or preserves a dead human body, entirely, or in part, by
		  the use of chemical substances, fluids, or gases, in the body, or by
		  introduction of same into the body by vascular or hypodermic injection, or by
		  direct application into the organs or cavities.
22.
EMBALMING.
The art of a
		  person disinfecting or preserving a dead human body entirely, or in part, by
		  the use of chemical substances, fluids, or gases, in the body, or by
		  introduction of same into the body by vascular or hypodermic injection, or by
		  direct application into the organs or cavities.
23.
FETAL DEATH.
Death prior to
		  the complete expulsion or extraction from its mother of a product of human
		  conception, irrespective of the duration of pregnancy; the death is indicated
		  by the fact that after such expulsion or extraction, the fetus does not breathe
		  or show any evidence of life such as beating of the heart, pulsation of the
		  umbilical cord, or definite movement of voluntary muscles. Fetal death shall
		  include a "spontaneous fetal death" (sometimes referred to as stillbirth or
		  miscarriage) or an "induced termination of pregnancy" as defined by the
		  Arkansas Department of Health.
24.
FETAL REMAINS.
The remains of a fetal death.
25.
FINAL DISPOSITION.
The final
		  placement of the body whether it is by earth interment, above ground interment,
		  cremation, burial at sea, or by delivery to a medical institution for lawful
		  dissection and experimentation.
26.
FUNERAL DIRECTOR.
A person required to be licensed to practice the
		  business of funeral directing under the laws of this State, who meets the
		  public, displays and sells or offers to sell funeral merchandise or supplies;
		  who plans details of funeral services with members of the family and minister
		  or any other person responsible for such planning, or who directs, is in
		  charge, or apparent charge of, and supervises such service in a funeral home,
		  church or other places; who enters into the making, negotiation or completion
		  of financial arrangements for funerals, including, but not limited to, the sale
		  and selection of funeral supplies, or who uses in connection with the business
		  of funeral directing the words or terms "Funeral Director", "Undertaker", "
		  Funeral Counselor", "Mortician", or any other word, term or picture or
		  combination thereof when considered in context in which used, from which person
		  using such word, term or picture can be implied to be holding himself out to
		  the public as being engaged in the business of funeral directing.
27.
FUNERAL ESTABLISHMENT or FUNERAL
		  HOME.
Every place or premise devoted to or used in the shelter, care,
		  preparation, disposition or custody of the body or for religious services or
		  other rites or ceremonies associated with the final disposition of human dead
		  or maintained for the convenience and comfort of the bereaved and the community
		  for viewing or other services in connection with the human dead, and as the
		  office or place for carrying on the business of funeral directing.
28.
FUNERAL MERCHANDISE.
That
		  personal property used in connection with the transportation, funeralization
		  and final disposition of a dead human body including but not limited to the
		  receptacle into which the body is directly placed except mausoleums, crypts,
		  interment receptacles preset in a cemetery and columbarium niches.
29.
FUNERAL SERVICE or FUNERAL.
A period following death in which there are religious services or other rites
		  or ceremonies with the body of the deceased present.
30.
FUNERAL SERVICE FIRM or FUNERAL
		  DIRECTING.
A person, partnership, enterprise, corporation or any other
		  form of organization which engages in providing shelter, care and custody of
		  the human dead; in the practice of preparing of the human dead by embalming or
		  other methods for burial or disposition; supervising of the funeral services,
		  makes arrangements, financial or otherwise, for the providing of funeral
		  services or the sale of funeral merchandise, whether for the present or future
		  use; or in general, engages in the practice or performs any functions of
		  funeral directing, embalming or lawful final disposition of the dead.
31.
GRAVESIDE SERVICE.
When and
		  where the complete funeral rites or ceremonies are conducted only at graveside.
		  Such rite or ceremony is not what is generally construed as the committal
		  service, which follows the funeral.
32.
HOLDING FACILITY.
An area
		  within, adjacent, or available to the crematory facility designed for the
		  retention of human remains prior to cremation that shall:
1. Comply with any applicable public health
		  law;
2. Preserve the dignity of the
		  human remains;
3. Recognize the
		  integrity, health, and safety of the crematory authority personnel operating
		  the crematory and;
4. Be secure
		  from access by the general public.
33.
HUMAN REMAINS.
The body of a
		  deceased person, or part of a body or limb that has been removed from a living
		  person, including the body, part of the body or limb in any state of
		  decomposition.
34.
IN
		  STATE.
That period when the body is in the "Funeral Establishment" or
		  any other place, for the purpose of a wake, visitation, or viewing whether the
		  "casket" or "receptacle" is open or closed and whether the wake, visitation, or
		  viewing is public or private.
35.
INTERMENT RECEPTACLE.
An enclosure into which the casket is
		  placed.
36.
MEMORIAL
		  SERVICE.
A gathering of persons for a program in recognition of a death
		  without the presence of the body of the deceased.
37.
MORTUARY SERVICE
		  ESTABLISHMENT.
A place or premise devoted to or used in the shelter,
		  care, custody, or preparation of the human dead, but not for the other purposes
		  identified in the definition of a "Funeral Establishment," except at the
		  request of and as the agent of a licensed funeral establishment or its
		  representative.
38.
MORTUARY
		  SERVICE FIRM.
A person, partnership, enterprise, corporation or any
		  other form of organization which engages in providing shelter, care, custody,
		  or preparation of the human dead, or providing other services and/or funeral
		  merchandise at the request of and as the agent of a licensed funeral
		  establishment or its representative.
39.
NICHE.
A compartment or
		  cubicle for the memorialization or permanent placement of an urn containing
		  cremated remains.
40.
SCATTERING AREA.
A designated area for the scattering of cremated
		  remains.
41.
TEMPORARY
		  CONTAINER.
A temporary container is a receptacle for cremated remains
		  usually made of cardboard, plastic film or similar material designed to hold
		  the cremated remains until an urn or other permanent container is
		  acquired.
42.
TO MAKE
		  ARRANGEMENTS.
Advising, counseling, and/or entering into agreements
		  about specifics for any services in advance of or following a death.
43.
TRANSPORT SERVICE FIRM.
Any
		  person, partnership, enterprise, corporation, association, society, other legal
		  entity, or other form of organization which engages in providing transportation
		  of the human dead for hire.
44.
URN.
A receptacle designed to permanently encase the cremated
		  remains.