Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 3.00 - Registration Requirements; Standards of Business and Professional Practice › Section 3.01 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 239 CMR, the following terms shall have the
				following meanings:
Advertising
. The use of any marketing
				or public relations materials including but not limited to all print or
				electronic media, letters, signs, business cards, and stationery to promote the
				availability of services of a registrant of the Board or Licensed Funeral
				Establishment.
Apprentice Embalmer
. Any individual
				engaged in learning the practice of embalming and funeral directing who is duly
				registered by the Board and who is registered to a Licensed Funeral
				Establishment and working under the instruction and Personal Supervision of a
				Type 3 or a Type 6 employed by the Type 3; provided that no individual shall
				begin to serve as an Apprentice Embalmer unless he or she has been registered
				as such by the Board pursuant to
				239 CMR
				3.02. An Apprentice Embalmer registration
				shall not be renewed after six years from the date the registration was
				initially granted unless given special Board approval.
Board
. The Massachusetts Board of
				Registration in Embalming and Funeral Directing established pursuant to M.G.L.
				c. 13, § 29.
Embalmer
. Any individual engaged, or
				holding himself or herself out as engaged, in the Profession and Business of
				Embalming and Funeral Directing, whether on his or her own behalf or in the
				employ of a Type 3.
Funeral Director
. Any individual
				engaged, or holding himself or herself out as engaged, in the Profession and
				Business of Embalming and Funeral Directing.
Funeral Home Assistant
. Any individual
				duly registered as a Funeral Home Assistant by the Board who is registered to
				and working under the Personal Supervision of a Type 3 (that Type 3 may
				delegate such supervision to an employed Type 6); provided that no individual
				shall begin to serve as a Funeral Home Assistant unless he or she has been
				registered as such by the Board pursuant to
				239 CMR
				3.02. A Funeral Home Assistant may perform
				only the services outlined in
				239 CMR
				3.18.
Licensed Funeral Establishment
. A
				fixed place or establishment privately owned or maintained by a person,
				partnership, corporation, association or other organization which has been duly
				registered by the Board pursuant to M.G.L. c. 112, § 83 and which is
				located, constructed, equipped and operated for the purpose of providing
				sanitary handling, preparation, disposition and care of dead human
				bodies.
LLC
. Any "limited liability company"
				or "foreign limited liability company", as defined by M.G.L. c. 156C, §
				2.
LLP
. Any "registered limited liability
				partnership" or "foreign registered limited liability partnership", as defined
				in M.G.L. c. 108A, § 1.
Person
. An individual; a corporation;
				a partnership; a limited liability company or foreign limited liability company
				as defined in M.G.L. c. 156C, § 1; a registered limited liability
				partnership or foreign registered limited liability partnership as defined in
				M.G.L. c. 108A, § 1; a society; an association; an organization; or any
				other business entity, however named.
Personal Supervision
. Being supervised
				by an individual in the same building unless the only activity being performed
				is removing human remains under the orders of a supervisor and performed within
				the scope of the registration held. For purposes of conferences with consumers
				for the purposes of making funeral or pre-need arrangements, Personal
				Supervision of Apprentice Embalmers must be provided within the same room. For
				purposes of embalming, an Apprentice Embalmer must have same room supervision
				only for the first 25 dead human bodies.
Profession and Business of Embalming and Funeral
				Directing
. Includes, but shall not be limited to, the sale or
				provision of any of the following goods or services:
(a) consulting with members of the general public about, and/or
				making arrangements concerning the disposition of human remains, including
				arrangements for cremation for compensation;
(b) removing a human body from the place of death;
(c) transporting human remains;
(d) embalming;
(e) performing restorative and cosmetic work on human remains,
				including hairdressing;
(f) dressing, and retail sale of clothing for use in dressing,
				human remains;
(g) casketing of human remains;
(h) the sale of caskets, either at retail or at wholesale,
				and/or rental of caskets to the general public;
(i) arranging for disposition of flowers used in funerals or
				funeral services;
(j) making arrangements for obituaries and death notices in
				newspapers, the internet, radio and television;
(k) making cemetery, cremation and/or anatomical gift
				arrangements at the request of the decedent or the decedent's family;
(l) providing hearses, flower vehicles, limousines and sedans
				in connection with a funeral;
(m) arranging for services and officiant at the interment of
				human remains;
(n) providing assistants during visiting hours and at the
				funeral service, and for other funeral service related functions and
				responsibilities;
(o) securing and processing required documents, including but
				not limited to death certificates, burial/transfer permits, certified copies of
				death certificates, and visas for foreign shipment of human remains;
(p) making arrangements with medical examiners;
(q) providing acknowledgement cards, register books, local and
				long distance telephone messages and telegrams in connection with a
				funeral;
(r) preparing, negotiating or executing any pre-need funeral
				contract, or receiving, controlling or managing any funds tendered as payment
				for the Funeral Goods and/or Services identified in such a pre-need funeral
				contract, as defined in
				239 CMR 4.00:
Pre-need
				Funeral Contracts and Arrangements
;
(s) disposition of ashes or cremated remains; and
(t) The Profession and Business of Embalming and Funeral
				Directing shall also include engaging in such other activities, including
				Advertising, as are considered to be a part of the business, practice, science
				or profession of embalming or funeral directing, as commonly practiced.
Type 3
. A Funeral Director and
				Embalmer who is duly registered as a Type 3 by the Board pursuant to M.G.L. c.
				112, § 83 and licensed by a city or town pursuant to M.G.L. c. 114, §
				49, who meets the qualifications outlined in
				239 CMR
				3.02(3)(a).
Type 6
. A Funeral Director and
				Embalmer who is duly registered as a Type 6 by the Board pursuant to M.G.L. c.
				112, § 83, who meets the qualifications outlined in
				239 CMR
				3.02(2)  and who has been
				sworn in by the Board. A Type 6 may practice embalming, but may otherwise
				practice funeral directing only when holding a license issued by a city or town
				pursuant to M.G.L. c. 114, § 49 and when working as an employee in a
				Licensed Funeral Establishment. A Type 6 who performs funeral services when not
				so employed shall be considered acting outside the scope of his or her
				registration and shall face disciplinary action. Said registrants may not sign
				death certificates and may utilize only stationery, or other funeral related
				contracts or documents on behalf of his or her employing Licensed Funeral
				Establishment and Type 3. Type 6s may conduct pre-need funeral arrangements
				only pursuant to
				239
				CMR
				3.04(5).