reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 15.00 - Licensure Without Examination › Section 15.02 - Application for Licensure Without Examination (by Reciprocity)

Current through Register 1525, July 5, 2024
(1) Applicants for either a Class A (Master), Class B (Journeyman), Class C (System Contractor) or Class D (System Technician) license shall complete an application form provided by the Board and shall submit the completed, notarized application to the Board for its approval.
(2) Applications shall be accompanied by payment in full of the required fee in the form of a certified check, postal money order, or express money order; applications not submitted with the required fee shall not be accepted by the Board.
(3) The fee submitted in connection with an application which is rejected by the Board shall not be returned to the applicant.
(4) Applicants shall submit with a completed application form a Statement of Registration from the licensing board of the state from which the applicant is applying; the Statement of Registration shall include the applicant's full name, address, license type and number, shall indicate whether the license is current and in good standing, and shall be certified by an appropriate official and bear the board seal.
(5) All applications, papers and other documents submitted to the Board in connection with an application for licensure without examination shall become the property of the Board.
(6) Applicants who have been previously examined by the Board for a Master or Journeyman Electrician's license or System Contractor or Technician shall not be issued a license under the provisions of 237 CMR 15.00.
(7) All persons licensed without examination shall be subject to all Board statutes and regulations.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 16.00 - Licenses › Section 16.01 - License Renewal

Current through Register 1525, July 5, 2024
(1)
General Requirement
. Individual holders of a Master Electrician, Journeyman Electrician, Systems Contractor, or Systems Technician license shall submit to the Board by the established deadline a license renewal application form completed and signed by the individual license holder, along with appropriate evidence of completion of all required continuing education.
(2)
Fees for License Renewal
. Renewal application forms shall be accompanied by the appropriate renewal fee.
(3)
Renewal of Expired Licenses
. A license holder who fails to renew by the renewal deadline must meet the requirements of 237 CMR 17.00:
Manditory Continuing Education (MCE)
along with filing any required applications and fees prior to being permitted to renew their licenses.
(4)
Active Military Service
. Expiration and renewal of licenses of those who are active in the military shall be managed in accordance with M.G.L. c. 112, § 1B.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 16.00 - Licenses › Section 16.02 - Changes in License Information

Current through Register 1525, July 5, 2024
(1) A license holder shall within ten days of a change of name and/or mailing or legal address notify the Board in writing of such change.
(2) In the case of a name change, the Board shall issue a new license in the new name upon receipt of the appropriate form available from the Board, the surrender of the original license, and payment of the required fee.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 16.00 - Licenses › Section 16.03 - Business Entities

Current through Register 1525, July 5, 2024
(1)
Licenses Required
.
(a) Per M.G.L. c. 141, § 3, Certificates A and C shall be issued to any "person, firm, or corporation" engaged in electrical or systems work. For purposes of M.G.L. c. 141, § 3 and 237 CMR 16.00, "firms" and "corporations" shall be referred to as "business entities" and shall include corporations, partnerships, limited liability companies, or other forms of business entities regulated by the Massachusetts Secretary of State. Business entities shall not be deemed to include a licensee conducting business in his or her real name or a master electrician, or systems contractor, practicing via a business certificate issued pursuant to M.G.L. c. 110, § 5 when in compliance with the name requirements of 237 CMR 18.00:
Rules Governing Practice
.
(b) All business entities engaged in electrical or systems work for which a license is required shall maintain a license in the name of the business entity. However, any business entity in good standing, that was previously approved by the Board to practice in conjunction with a master electrician or systems contractor, does not need to obtain a business license until November 20, 2017 after which time the Board shall issue licenses in the name of said business entities.
(c)237 CMR 16.03 shall not be deemed to expand or restrict the requirements for licensure contained in M.G.L. c. 141, §§ 1 through 10.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 16.00 - Licenses › Section 16.04 - Duplicate Licenses

Current through Register 1525, July 5, 2024
The Board shall issue a duplicate license upon submission of satisfactory evidence by the licensee that the original license has been lost or destroyed and upon receipt by the Board of the appropriate form and payment of the required fee.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 16.00 - Licenses › Section 16.05 - Record of Standing

Current through Register 1525, July 5, 2024
The Board shall issue a Record of Standing stating the licensee's name, address, license number, license expiration date, and license status to any licensee making such a request upon payment of the required fee.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 16.00 - Licenses › Section 16.06 - Transfer, Assignment and Return of Licenses

Current through Register 1525, July 5, 2024
Licenses issued by the Board shall not be transferred or assigned. Unless otherwise specified in a consent agreement or final decisions and orders, Licensees who have been suspended or revoked must physically return any licenses issued by the Board which, due to their expiration date, appear current.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 17.00 - Mandatory Continuing Education (mce) › Section 17.01 - Requirements for Licensees

Current through Register 1525, July 5, 2024
(1)
Continuing Education Requirement
.
(a) Except as otherwise provided in 237 CMR 17.01, each licensee of the Board, as a condition for license renewal, shall present evidence satisfactory to the Board that, in the three-year period before license renewal, he or she has completed 21 clock hours of continuing education.
(b) Of the required 21 clock hours, 15 clock hours shall be on topics related to 527 CMR 12.00:
Massachusetts Electrical Code (Amendments)
, business, law, and related topics with a Provider in an area of study approved by the Board. Courses offered for Master Electricians and Journeyman Electricians shall focus on 527 CMR 12.00 and other laws and regulations as they pertain to Electrical Work. Courses for Systems Contractors and Systems Technicians shall focus on the applicable chapters of 527 CMR 12.00, the adopted version of NFPA 72, and other laws and regulations as they pertain to Systems Work. The Board may require specific content to be contained in any approved courses. It shall be the licensee's responsibility to ensure that their Provider has been approved by the Board.
(c) Of the required 21 clock hours, six clock hours shall be in areas chosen by the licensee for professional development in the subjects of Electrical Code, business, law, first aid, safety, Building Code, and related topics. Said instruction need not be offered by a Board approved Provider.
(d) Notwithstanding the previous provisions of 237 CMR 17.01, Inspectors of Wires, appointed pursuant to M.G.L. c. 166, § 32, electrical inspectors/ investigators employed by the Division of Professional Licensure, and licensed members of the Board, shall complete the required 15 hours of mandatory continuing education within the first year of the release of the updated edition of 527 CMR 12.00:
Massachusetts Electrical Code (Amendments)
as a condition of license renewal.
(e) In addition to the 21 hours for renewal as provided, each Inspector of Wires appointed pursuant to the provisions of M.G.L. c. 166, § 32 shall complete in each license cycle six hours of continuing education in courses approved by the Board (for a total of 27 clock hours). The Board may designate one or more associations of Inspectors of Wires or other Providers to offer these courses.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 17.00 - Mandatory Continuing Education (mce) › Section 17.02 - Requirements for Continuing Education Providers and Seminars/Courses

Current through Register 1525, July 5, 2024
(1)
CEP's Must Be Board Approved
. The Board may withdraw its approval of any provider or course for good cause shown.
(2) CEP's shall notify the Board in writing of any change of his or her instructors within ten days of the change.
(a) All course instructors, whether teaching independently or employed by an approved provider, shall be Massachusetts licensed electricians.
(b) CEP's shall attend any Board-sponsored seminars/courses on the proper content, administrative procedures and data transfer.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 18.00 - Rules Governing Practice › Section 18.02 - Submittals, Renewals, Minimum Requirements, Audits and Sanctions for Initial Education Providers Conducting Learning Objective(s) for All Classes/Types of Licenses

Current through Register 1525, July 5, 2024
(1)
IEP Applications
.
(a) IEP's shall submit for review and approval a written application, on a prescribed form, or other medium acceptable to the Board of State Examiners prior to commencing any advertisement for any objective or course.
(b) Such submittal of application must include learning objective(s), reference books used, the site location, commencement date, if such learning objectives are taught daily or as an evening program, with the starting and completion date.
(c) Renewal of application for providership shall be submitted on a prescribed form, or other medium acceptable to the Board for its review and approval not later than 90 days prior to the adoption of an Electrical Code.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 19.00 - Repealed

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY:
237 CMR 19.00: M.G.L. c. 141, §§2 and 4; M.G.L. c. 30A.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 21.00 - Repealed

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
:
M.G.L. c. 13, § 32A, M.G.L. c. 143, § 3P
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 22.00 - Required Electrical Education › Section 22.01 - 600 Hours of Education Required as a Prerequisite to Sit for Journeyman Examination (as Applicable Modular and Non-modular)

Current through Register 1525, July 5, 2024
Candidates may elect to take a 600-hour modular format as listed in 237 CMR 2.01(2) or a non-modular format as listed in 237 CMR 22.01(1) as a Prerequisite to Sit for Journeyman Examination.
(1) The 600 hours of education required for eligibility for examination as a Journeyman Electrician shall include, but not be limited to, the following learning objectives:
(a) DC Theory
(b) AC Theory
(c) National Electrical Code application of AC and DC Theory
(d) Branch Circuit Calculations and Requirements
(e) Feeder and Service Calculations and Requirements
(f) Electrical Bonding and Grounding and Ground Path Theory
(g) Conductor Selection and Overcurrent Protection
(h) Wiring Methods
(i) Motors and Controls
(j) Transformers
(k) Low Voltage Systems and Controls
(l) Fire Warning and Security Systems
(m) Fiber, Data and Communications Wiring and Systems
(n) Use of Code book tables and examples
(o) Massachusetts Electrical Code and Amendments (527 CMR 12.00)
(p) Massachusetts Laws and Regulations Pertaining to Electrical Wiring
(q) Conduct of Electricians and Apprentices Including Inspection Requirements
(r) Job-site and Electrical Safety
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 22.00 - Required Electrical Education › Section 22.02 - 150 Hours of Education Required as a Prerequisite for Master Electrician Examination

Current through Register 1525, July 5, 2024
(1) The 150 hours of education which is required for eligibility for examination as a Master Electrician shall include, but not be limited to, the following learning objectives:
(a) Plan review and calculations
(b) Advanced AC Theory
(c) Advanced Code calculations
(d) Branch Circuit/Feeder/ Service
(e) Emergency Systems
(f) Health-care
(g) Hazardous Locations
(h) Applicable Massachusetts General Laws pertaining to:
1. Licensing Laws
2. Permitting Laws
3. Inspection Laws
4. Appeals Process
5. Board Rules and Regulations
6.
										237 CMR 12.00 through 23.00.
7. Good Business Practices/GBP
(i) General review of all subjects covered in the 600-Clock-hour Journeyman course, as applicable.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 22.00 - Required Electrical Education › Section 22.03 - 300 Hours of Education Required as a Prerequisite for Systems Technician Examination

Current through Register 1525, July 5, 2024
(1) In order to qualify to sit for the Systems Technician (Class D) examination, each apprentice whose electrical work experience can be properly documented shall complete 300-clock-hours (75-clock-hour/Module) of education as a prerequisite for examination as a Systems Technician. Said education will be divided into 75 hour modules. The 300 hours of education shall include, but not be limited to, the following learning objectives:
(a) Module I:
1. Jobsite and Electrical Safety
2. Introduction to the National Electrical Code and Process
3. DC/Alarm Theory
4. Basic Math
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 22.00 - Required Electrical Education › Section 22.04 - 75 Hours of Education Required as a Prerequisite for Systems Contractor Examination

Current through Register 1525, July 5, 2024
(1) The 75 hours of education which is required for eligibility for examination as a Systems Contractor shall include, but not be limited to, the following learning objectives:
(a) Advanced alarm system theory.
(b) Applicable Massachusetts General Laws pertaining to:
1. Licensing Laws
2. Permitting Laws
3. Inspection Laws
4. Appeals Process
(c) Board Rules and Regulations:
1.
										237 CMR 12.00 through 23.00
2. Good Business Practices/GBP
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 23.00 - Insurance Requirements For Limited Liability Corporations And Limited Liability Corporations › Section 23.01 - Liability Insurance Requirements for Limited Liability Corporations and Limited Liability Partnerships

Current through Register 1525, July 5, 2024
A limited liability company and a limited liability partnership which own or operate any facility or business which is licensed by the Board to provide electrical services shall maintain professional liability insurance which meets the following minimum standards:
(a) The insurance shall cover negligence, wrongful acts, errors and omissions and insure the LLC and its officers or the LLP and its partners as required by M.G.L. c. 156C, §65 and M.G.L. c. 108A, § 45(8)(a), respectively.
(b) For each claim concerning an LLC, the minimum insurance coverage shall be either:
1. in an amount of at least fifty thousand dollars ($50,000.00) multiplied by the number of individual licensees employed by or who are officers of the LLC; or
2. in an aggregate amount of at least one-hundred fifty thousand dollars ($150,000.00) multiplied by the number of individual licensees employed by or who are officers of the LLC.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 23.00 - Insurance Requirements For Limited Liability Corporations And Limited Liability Corporations › Section 23.02 - Cancellation of Insurance

Current through Register 1525, July 5, 2024
(1) Cancellation or any other interruption in required insurance coverage shall require an LLC or LLP to immediately cease the business of electrical work until such time as the LLC or LLP is in compliance with this section.
(2) An LLC or LLP must notify the Board within five (5) business days if its insurance coverage is cancelled or otherwise interrupted. Failure to provide the required notice to the Board will subject to disciplinary action pursuant to M.G.L. c. 112, §59 licensees who are officers of the LLC or are partners of the LLP.
Code of Massachusetts Regulations › 237 CMR - BOARD OF STATE EXAMINERS OF ELECTRICIANS AND BOARD OF ELECTRICIANS' APPEALS › Title 237 CMR 23.00 - Insurance Requirements For Limited Liability Corporations And Limited Liability Corporations › Section 23.03 - Verification of Insurance

Current through Register 1525, July 5, 2024
An officer of an LLC or a partner of an LLP may be required to provide verification of compliance with this section to the Board when he or she seeks initial licensure, renewal of a license or at any other time as requested by the Board.
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 3.02 - Registration Requirements and Examinations

Current through Register 1525, July 5, 2024
(1)
Registration as an Apprentice
			 Embalmer
. Any individual desiring to become an Apprentice Embalmer
			 shall make application to the Board on a form provided for that purpose and pay
			 any applicable fees. Said application shall contain the following:
(a) satisfactory written proof that the
			 applicant is of good moral character;
(b) satisfactory written proof that the
			 applicant holds a high school diploma or its equivalent;
(c) satisfactory written proof that the
			 applicant is or will be employed on a full-time basis (at least 30 hours per
			 week, up to half of which may be on call hours) by only one business entity
			 which operates one or more Licensed Funeral Establishments in
			 Massachusetts;
(d) the name and
			 address of the business entity which employs or will employ the
			 applicant;
(e) the name(s) and
			 registration number(s) of the Type 3(s) to whom the Licensed Funeral
			 Establishment's certificate was issued; and
(f) satisfactory written proof that the
			 applicant has completed OSHA training related to biohazards/blood borne
			 pathogens within 30 days prior to applying for this registration and for each
			 year so registered.
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 3.04 - Ownership of Licensed Funeral Establishments; Disclosure of Ownership

Current through Register 1525, July 5, 2024
(1) A business
			 entity may engage in the Profession and Business of Embalming and Funeral only
			 if:
(a) a controlling interest, reflected by
			 a majority of authorized stock in said entity, is held by one or more Type
			 3(s);
(b) the business of that
			 entity is under the direction and control of a Type 3, who shall be held
			 responsible for ensuring that the entity complies with all applicable laws and
			 regulations governing embalming and funeral directing; and
(c) that entity meets the insurance
			 requirements of
			 239 CMR
			 3.17.
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 3.05 - Inspections; Powers and Duties of Investigators

Current through Register 1525, July 5, 2024
(1) A Board investigator shall have the right
			 to enter into and inspect any Licensed Funeral Establishment at any time for
			 the purpose of inspecting such records and conducting such investigations as
			 may reasonably be necessary to ensure that that Licensed Funeral Establishment,
			 and its agents or employees, are in compliance with all applicable requirements
			 of M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239
			 CMR.
(2) A Board investigator may
			 visit any place where the operation of embalming is being conducted or where a
			 funeral is in process of being directed, provided, however, that such
			 visitation shall be made in a respectful and decorous manner.
(3) A Board investigator shall in no way be
			 connected with the work or business of Type 3 or Type 6 in any Licensed Funeral
			 Establishment.
(4) Interference
			 with or obstruction of the Board or any investigator authorized by the Board in
			 the performance of their respective duties by a registered person, shall be
			 considered sufficient cause for suspension or revocation of such
			 registration.
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 3.06 - Establishments

Current through Register 1525, July 5, 2024
(1) Every Licensed
			 Funeral Establishment shall:
(a) be accessible
			 to individuals with disabilities to the extent required by all applicable
			 provisions of 521 CMR:
Architectural Access Board
, M.G.L. c.
			 112, §§ 61 through 65A, 82 through 87, and 239 CMR;
(b) include a chapel sufficiently large and
			 sufficiently equipped for the conduct of an average funeral service; such
			 chapel shall contain a minimum of 300 square feet of floor space;
(c) not contain any living quarters on the
			 floor used for the Licensed Funeral Establishment without the prior written
			 permission of the Board. Said permission shall not be granted unless the
			 applicant provides satisfactory written assurances that such living quarters
			 will not be used for the conduct of any funeral or visitation;
(d) include a preparation room equipped with
			 sanitary flooring, a flush rim sink, floor drain and ventilation, a reduced
			 pressure backflow preventer or air gap separation at the meter or property
			 line, and the necessary equipment, instruments and supplies for the preparation
			 and embalming of dead human bodies for burial and transportation. Such
			 preparation room and equipment shall comply with all applicable requirements of
			 239 CMR 3.07 and
			 3.12,
			 and all applicable requirements of other federal, state and local laws,
			 including but not limited to all applicable regulations of the United States
			 Occupational Safety and Health Administration;
(e) contain such toilets, lavatories and
			 other sanitary facilities for men and women as may be required by applicable
			 federal, state and local laws and regulations;
(f) where the Licensed Funeral Establishment
			 consists of more than one building or more than one lot of land, ensure that
			 said buildings and/or lots shall be adjoining and connecting ( 239 CMR
			 3.06(1)(f) shall not apply to any Licensed Funeral Establishment opened prior
			 to December 3, 1943 unless there has been a change of address for said
			 establishment since that date);
(g)
			 where the Licensed Funeral Establishment was established after December 1,
			 1949, make removals of dead human bodies into the Licensed Funeral
			 Establishment completely concealed from public view; and
(h) meet the insurance requirements of
			 239 CMR
			 3.17.
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 3.08 - Office of the Chief Medical Examiner

Current through Register 1525, July 5, 2024
(1) Every Type 3 and Type 6 shall report to
			 the medical examiner all deaths which he or she, as an authorized public
			 official, should investigate pursuant to the reporting requirements in M.G.L.
			 c. 38. Persons registered by the Board shall consult the medical examiner of
			 the district prior to making any removal when in doubt.
(2) No embalming fluid or any preparation
			 substitute therefore shall be injected into the body of any person unless the
			 requirements of M.G.L. c. 38, § 12 are met.
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 3.09 - Control Over Arrangements and Disposition of Human Remains

Current through Register 1525, July 5, 2024
(1) Every registrant and Licensed Funeral
			 Establishment shall comply with 239 CMR 3.09(1)(a) through (c) with respect to
			 control over funeral arrangements and disposition of human remains:
(a) If a Licensed Funeral Establishment is a
			 party to a pre-need funeral services contract, as defined in
			 239 CMR 4.01:
Definitions
, for the benefit of the deceased person, and said
			 contract is still in effect at the time of that person's death, the terms of
			 that contract shall control the nature of the funeral goods and services to be
			 provided, the manner in which funeral services are to be conducted for the
			 deceased, and the final disposition of the deceased person's remains to the
			 full extent provided in that contract. No Licensed Funeral Establishment, nor
			 any of its agents or employees, may cancel or materially alter any of the
			 arrangements specified in that contract, even if requested to do so by a member
			 of the deceased person's family or any other person, unless:
1. compliance with the terms of the original
			 contract would result in a violation of any applicable federal, state or local
			 law or regulation; or
2. the
			 Licensed Funeral Establishment is ordered to do so by a court of competent
			 jurisdiction.
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 3.13 - Code of Conduct and Professional Ethics

Current through Register 1525, July 5, 2024
(1) No person who is registered with the
			 Board, nor any person who holds an ownership interest in or is employed by any
			 Licensed Funeral Establishment, shall engage in, or hold any ownership interest
			 in, any other business which is related to the disposition of human remains,
			 including but not limited to any cemetery; crematorium; retail or wholesale
			 casket, urn or vault sales or rental enterprise; monument sales enterprise; or
			 other similar business; provided, however, that 3.13(1) shall not apply to
			 registrants duly registered with the Board in inactive status pursuant to
			 239 CMR
			 3.02(5).
(2) All functions or services which fall
			 within the scope of the Profession and Business of Embalming and Funeral
			 Directing, as defined in
			 239 CMR 3.01 must be
			 provided by or through one or more Licensed Funeral Establishments.
(3) No person who is registered with the
			 Board, nor any person who holds an ownership interest in or is employed by a
			 Licensed Funeral Establishment, shall establish, maintain, own or operate any
			 corporation, partnership, limited liability company, limited liability
			 partnership, society, association or other business entity, however named, for
			 the purpose of referring members of the general public to Licensed Funeral
			 Establishments in which he or she holds an ownership interest or is
			 employed.
(4) No person who is
			 registered with the Board, nor any person who holds an ownership interest in or
			 is employed by a Licensed Funeral Establishment, shall make or cause to be made
			 any representation which indicates that an organization or other entity which
			 performs any function or service which falls within the scope of the
			 "Profession and Business of Embalming and Funeral Directing" as defined in
			 239 CMR 3.01 is a
			 not-for-profit organization or entity unless such organization or entity is, in
			 fact, a not-for-profit organization or entity.
(5) A person who is registered with the
			 Board, or who holds an ownership interest in or is employed by any Licensed
			 Funeral Establishment, shall not, either directly or through any other person
			 acting with his or her express or implied knowledge or consent:
(a) solicit for human remains (except through
			 general advertising), or give anything of value to anyone who solicits or
			 refers any business to him or her or to the Licensed Funeral Establishment in
			 which he or she holds an ownership interest or is employed; or
(b) solicit or accept anything of value in
			 exchange for recommending, referring any person to, or employing any business
			 or service related to the disposition of human remains.
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 3.14 - Price Disclosure to Consumer

Current through Register 1525, July 5, 2024
(1) A Licensed Funeral Establishment, and/or
			 its agents or employees, shall give, or cause to be given to the person or
			 persons making funeral arrangements, or otherwise arranging for shipment,
			 transportation or other disposition of a deceased person, at the time such
			 arrangements are completed or prior to the time of rendering the service,
			 including the selected merchandise, a written statement showing to the extent
			 then known:
(a) the price of the merchandise
			 and service that the person or persons making such arrangements have selected
			 and what is included therein;
(b)
			 the price of each of the supplemental items of service and/or merchandise
			 agreed upon by the parties involved; and
(c) the estimated amount involved for each of
			 the items for which the Licensed Funeral Establishment will advance monies as
			 an accommodation to the person or persons making such funeral
			 arrangements.
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 3.15 - Advisory Ruling

Current through Register 1525, July 5, 2024
Any interested person or his or her attorney may at any time
				request an advisory ruling with respect to the applicability to any person,
				property or factual situation of any statute or regulation enforced or
				administered by the Board. The request shall be addressed to the Board and sent
				to the secretary by certified mail or delivered in person. All requests shall
				be signed by the person making it or his or her attorney, contain his or her
				address or the address of his or her attorney, and state clearly and concisely
				the substance or nature of the request. The request may be accompanied by any
				supporting data, views or arguments. Upon receipt of the request, the Board
				shall consider it and render its opinion in writing. The Board may at any time
				rescind an advisory ruling. When an advisory ruling is rendered, a copy of the
				ruling shall be sent to the person requesting it or his or her
				attorney.
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 3.16 - Corporations, LLCs, LLPs, and Other Entities

Current through Register 1525, July 5, 2024
(1) A corporation, LLC, LLP, or other such
			 entities may engage in the Profession and Business of Embalming and Funeral
			 Directing only if:
(a) a controlling interest
			 in that entity is held by one or more individuals holding a Type 3.
This shall be determined based on the distribution of
				authorized stock or other such evidence of ownership;
(b) the business of that entity is under the
			 direction and control of one or more Type 3s , who shall be held responsible
			 for ensuring that that the entity complies with M.G.L. c. 112, §§ 61
			 through 65A, 82 through 87, and 239 CMR;
(c) the entity meets the professional
			 liability insurance requirements set forth in
			 239 CMR
			 3.17; and
(d) the entity does not hold an ownership
			 interest in, or engage in, any business other than the Profession and Business
			 of Embalming and Funeral Directing as defined in
			 239 CMR
			 3.01.
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 3.17 - Required Insurance and Capital Program

Current through Register 1525, July 5, 2024
(1) A Licensed Funeral Establishment which
			 engages in the Profession and Business of Embalming and Funeral Directing in
			 Massachusetts shall maintain in good standing professional liability insurance
			 which meets the following minimum standards:
(a) The insurance shall cover negligence,
			 wrongful acts, and errors and omissions.
(b) The insurance shall be in an amount of at
			 least $50,000, plus the product of $15,000 multiplied by the number of owners
			 and employees of the Licensed Funeral Establishment who are Type 3(s), but does
			 not need to be in excess of $500,000 in the aggregate.
(c) The requirements of 239 CMR 3.17(1)(c)
			 shall be considered satisfied if the Licensed Funeral Establishment maintains
			 insurance sufficient to provide coverage at a level of at least $300,000 for
			 each claim with an aggregate top limit of liability for all claims during any
			 one year of at least $1,000,000.
(d) Such insurance policies may contain
			 reasonable provisions with respect to policy periods, territory, claims,
			 conditions and other usual matters.
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 3.18 - Employment of Funeral Home Assistants

Current through Register 1525, July 5, 2024
(1) A Licensed Funeral Establishment may
			 employ Funeral Home Assistants, provided that all of the following conditions
			 are met:
(a) Each Funeral Home Assistant so
			 employed is duly registered with the Board pursuant to
			 239 CMR
			 3.02.
(b) Each Funeral Home Assistant so employed
			 is registered to a Type 3 employed by the same entity which employs that
			 Funeral Home Assistant. The Funeral Home Assistant shall work at all times
			 under the instruction and supervision of that Type 3, who shall be held
			 responsible for all acts or omissions of that Funeral Home Assistant which
			 occur while that person is acting within the scope of said
			 employment.
(c) Each Funeral Home
			 Assistant so employed complies with any and all applicable requirements of
			 M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239
			 CMR.
(d) The entity which employs a
			 Funeral Home Assistant shall promptly inform the Board, in writing, of any
			 change in the identity of the Type 3 to whom that Funeral Home Assistant is
			 registered, and of any change in the name and address of the Licensed Funeral
			 Establishment(s) in which each Funeral Home Assistant works.
(e) If there is a change in the employment
			 status of any such Funeral Home Assistant, the Funeral Home Assistant as well
			 as the Type 3 to whom he or she is registered must notify the Board in writing
			 within seven business days.
(f) The
			 address of the license for a Funeral Home Assistant shall be the Licensed
			 Funeral Establishment where the Funeral Home Assistant is employed.
(g) Upon termination of employment, a Funeral
			 Home Assistant registration shall become null and void, a new registration must
			 be sought for new employment.
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 3.19 - Advertisements

Current through Register 1525, July 5, 2024
(1) Business cards
			 may be used by any registrant so long as they include the name of a Licensed
			 Funeral Establishment and includes their registration type.
(2) A Type 3 or Type 6 may properly advertise
			 the services offered so long as said advertising is not false, deceptive,
			 misleading or unfair as prohibited by
			 239 CMR
			 3.13(9). Advertising not
			 meeting 239 CMR 3.19(2) includes, but is not limited to:
(a) advertisements for a service that cannot
			 be legally provided by a Licensed Funeral Establishment;
(b) the listing of services of an Apprentice
			 Embalmer or Funeral Home Assistant;
(c) advertisements that state or imply that,
			 with regards to pre-need arrangements, a Type 6, Apprentice Embalmer, or
			 Funeral Home Assistant is a specialist, certified, an expert, or other similar
			 terms.
(d) advertisements referring
			 to unregistered individuals or unlicensed funeral establishments. However,
			 unregistered owners may utilize their names on signs as required by
			 239
			 CMR 3.04(2); and
(e) services provided by a Type 6 that do not
			 fall within the employment of said registrant at a Licensed Funeral
			 Establishment.
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 3.20 - Regulation Review

Current through Register 1525, July 5, 2024
The Board shall regularly review its regulations in compliance
				with M.G.L. c. 30A, § 5A.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.02 - Creation and Content of Pre-need Funeral Contracts

Current through Register 1525, July 5, 2024
(1)
Parties to Pre-need Funeral
			 Contracts
. All Pre-need Funeral Contracts shall be between a Buyer
			 and a Licensed Funeral Establishment. The Licensed Funeral Establishment may
			 not accept cash or checks made payable to the Licensed Funeral Establishment or
			 individual registrants for purposes of funding the Pre-need Funeral Contract
			 unless said checks are endorsed and sent to the banking institution or
			 insurance company within one business day. Such funds must be made payable
			 directly to the banking institution or insurance company.
(2)
Who May Prepare Pre-need
			 Funeral Contracts
. No person shall prepare, negotiate or execute a
			 Pre-need Funeral Contract with a Buyer or potential Buyer; or receive, or
			 manage any funds made payable to a banking institution or insurance company as
			 payment for the Funeral Goods and/or Services identified in such a Pre-need
			 Funeral Contract; unless:
(a) he or she is a
			 Type 3; or
(b) he or she is a Type
			 6 and meets the conditions outlined in
			 239
			 CMR 3.04(5):
Pre-need Funeral Arrangements
.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.03 - Notice of Changes Affecting Pre-need Funeral Contracts Required

Current through Register 1525, July 5, 2024
(1) A Licensed Funeral Establishment shall
			 send written notice of any proposed cessation of the funeral establishment's
			 operation to the Buyer (and Beneficiary, if different) of each Pre-need Funeral
			 Contract,
via
certified mail, return receipt requested, at
			 least ten days prior to the effective date of that proposed cessation of
			 operations. Such notice shall inform the Buyer (and Beneficiary, if different)
			 of their right to:
(a) Transfer that Pre-need
			 Funeral Contract and all funds connected with that contract to another Licensed
			 Funeral Establishment of their choice, or
(b) Cancel that Pre-need Funeral Contract, if
			 it is Revocable, and receive a refund of all funds connected with that contract
			 pursuant to
			 239 CMR
			 4.07(3).
(c) In the event that the Buyer does not
			 respond to this notice within 30 days after the date on which the notice was
			 sent, there shall be a rebuttable presumption that the Pre-need Funeral
			 Contract and all funds connected with that contract have been transferred to
			 the transferee funeral establishment of which the Buyer (and Beneficiary, if
			 different) was notified of in the written notice required under 239 CMR
			 4.03(1).
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.04 - Amendment of Pre-need Funeral Contracts

Current through Register 1525, July 5, 2024
(1) Except as provided in 239 CMR 4.04(2), a
			 Pre-need Funeral Contract may be amended by the Licensed Funeral Establishment,
			 the Buyer, or the Buyer's legal representative, at any time prior to the death
			 of the Beneficiary of that contract. The party proposing the change shall give
			 written notice of the proposed change to the other party at least ten days
			 prior to the effective date of the proposed change. All such amendments shall
			 be in writing, and no such amendment shall be effective unless signed by both
			 parties to the contract.
(2) A
			 Pre-need Funeral Contract shall not be amended or modified, except by order of
			 a court of competent jurisdiction, if:
(a)
			 The amendment or modification would convert a Pre-need Funeral Contract which
			 was Irrevocable at the time it was originally made into a Revocable contract,
			 and such an amendment or modification would adversely affect the eligibility of
			 the contract Beneficiary for Medicaid or any other government benefits program;
			 or
(b) The amendment or
			 modification would modify or eliminate any price-protection provision which was
			 included in a price-protected Pre-need Funeral Contract at the time it was
			 originally made.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.05 - Substitution of Goods or Services

Current through Register 1525, July 5, 2024
If any funeral good or service which was selected by the Buyer
				and identified in a Pre-need Funeral Contract at the time that contract was
				created is unavailable at the time of the death of the Beneficiary of that
				contract, the Licensed Funeral Establishment which is responsible for
				performing that Pre-need Funeral Contract shall provide the Beneficiary of the
				contract with a good or service selected by the Buyer, or if the Buyer is
				unavailable, the Beneficiary's next-of-kin, whose fair market value is equal to
				or greater than the value of the good or service which is now unavailable.
				Where the Pre-need Funeral Contract was a Cost-protected Pre-need Funeral
				Contract, as defined in
				239 CMR 4.01, the
				substituted good or service shall be provided to the contract Beneficiary at no
				additional cost. Where a Pre-need Funeral Contract is not cost protected, the
				goods and services selected were identified by the Buyer as being Irrevocable,
				and the costs of the goods and services exceeds funds provided by the Pre-need
				Funeral Contract, the estate of the Beneficiary may elect to cancel excess
				goods and services in
lieu
of providing additional
				funding.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.07 - Cancellation of Pre-need Funeral Contracts

Current through Register 1525, July 5, 2024
(1) Any Buyer of a Pre-need Funeral Contract
			 may cancel that contract and receive a full refund of all monies paid connected
			 with that contract, without penalty, at any time within ten days after signing
			 said contract. After the expiration of this ten-day "cooling off period" a
			 Pre-need Funeral Contract may be canceled in accordance with 239 CMR
			 4.07(3).
(2) Where an application
			 by the Buyer or contract Beneficiary of a Pre-need Funeral Contract for
			 government benefits is pending, the Buyer may waive his or her right to cancel
			 said contract within this ten-day "cooling off" period, but only by signing a
			 written waiver of that right. Said waiver shall not affect the Buyer's right to
			 transfer that Pre-need Funeral Contract pursuant to
			 239 CMR
			 4.06.
(3) If a Pre-need Funeral Contract was
			 Revocable at the time it was originally created, the Buyer who signed that
			 Pre-need Funeral Contract, or his or her legal representative, may cancel that
			 Pre-need Funeral Contract at any time after the expiration of the ten-day
			 "cooling off" period specified in 239 CMR 4.07(1) by sending written notice of
			 such cancellation,
via
certified mail, return receipt
			 requested, to the Licensed Funeral Establishment.
(a) If a Funeral Trust Account has been
			 established to fund that Pre-need Funeral Contract, the funeral establishment
			 shall forward a copy of said notice of cancellation to the named Trustee of
			 said Funeral Trust Account, and take all steps necessary to ensure that all
			 funds contained in that Funeral Trust Account are refunded to the Buyer,
			 without penalty, within ten days after the notice of cancellation is received
			 by the Trustee of the Funeral Trust Account.
(b) If a Pre-need Insurance Policy or Annuity
			 was purchased to fund that Pre-need Funeral Contract, the Licensed Funeral
			 Establishment shall forward a copy of the notice of cancellation of that
			 Pre-need Funeral Contract to the insurance company which issued the Pre-need
			 Insurance Policy or Annuity.