Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 1 - DEFINITIONS › Section 331-1-1 - Definitions

Current through 2024-29, July 17, 2024
1. Alternative container. "Alternative
				container" means an unfinished wood box or other non-metal receptacle without
				ornamentation or a fixed interior lining, often made of fiberboard, pressed
				wood or composition materials, which is designed for the encasement of human
				remains.
2.  Authorized person.
				"Authorized person," as defined in
				 22 MRSA
				§2846 and referenced in
				 22
				MRSA §2843, means a member of the
				immediate family of the deceased, the domestic partner of the deceased, a
				person authorized in writing by a member of the immediate family of the
				deceased if no member of the immediate family of the deceased wishes to assume
				the responsibility or by the domestic partner of the deceased if the domestic
				partner does not wish to assume the responsibility or, in the absence of
				immediate family or a known domestic partner, a person authorized in writing by
				the deceased. For purposes of the board's rules, "domestic partner" has the
				definition set forth in
				 22 MRSA
				§2843-A(1)(D)(1-A).
3-A. Branch. "Branch" means a chapel, sales
				office or other facility utilized by a funeral establishment for any aspect of
				the practice of funeral service whether or not the embalming or preparation of
				human remains takes place on the premises.
4. Casket. "Casket" means a rigid container
				which is designed for the encasement of human remains and which is usually
				constructed of wood, wicker, metal, fiberglass, plastic, or like material, and
				ornamented and lined with fabric.
4-A. Change of ownership. "Change of
				ownership" means the sale or transfer of the entire ownership of a funeral
				home.
4-B. Credit for service.
				"Credit for service" refers to a mortuary trust agreement in which the mortuary
				trust proceeds are applied to the cost of funeral goods and services selected,
				but are not guaranteed by the funeral home to cover those costs in full.
[NOTE: For a more complete explanation of a credit for
				  service mortuary trust agreement, see Chapter 16, Section 2(1) of the board's
				  rules.]
5. Embalming.
				"Embalming" means the injection, both arterially and into the body cavities, of
				an amount of approved embalming fluid at least the equivalent of 10% of the
				body weight. An approved embalming fluid shall have disinfecting capacities at
				least the equivalent of 5% of formaldehyde gas when diluted in accordance with
				the manufacturer's specifications.
6. Funeral attendant. "Funeral attendant"
				means a person who is licensed to perform the duties described in Chapter 10,
				§ 4 of the board's rules under the supervision of a practitioner of
				funeral service.
7. Funeral
				director. "Funeral director" means a person engaged in the practice of funeral
				directing as presently known, whether under the title of "funeral director,"
				"mortician," "undertaker" or otherwise.
7-A. Guaranteed service. "Guaranteed service"
				refers to a mortuary trust agreement in which the funeral home guarantees to
				provide the funeral goods and services selected for a fixed price set forth in
				the agreement, with the possible exception of cash advance items.
[NOTE: For a more complete explanation of a guaranteed
				  service mortuary trust agreement, see Chapter 16, Section 2(2) of the board's
				  rules.]
8. Human remains.
				"Human remains" means a deceased person or any part thereof.
9. Licensee in charge. "Licensee in charge"
				means the practitioner of funeral service who is in charge of a funeral
				establishment.
9-A. Maine
				Apprenticeship Program. "Maine Apprenticeship Program" means the Maine
				Apprenticeship Program administered by the Department of Labor, Bureau of
				Employment Services.
10. National
				Board Examination. "National Board Examination" means the examination
				administered and graded by the International Conference of Funeral Service
				Examining Boards, Inc. or a successor or other organization approved by the
				board.
10-A. Payee. "Payee" means
				the funeral home that serves as trustee of a credit for service or guaranteed
				price mortuary trust created by a mortuary trust agreement. The funeral home
				may be an individual, firm, association, partnership or corporation.
10-B. Payor. "Payor" means the person who
				funds a credit for service or guaranteed service mortuary trust, or the duly
				appointed legal representative of such person.
11. Practical examination. "Practical
				examination" means actual embalming of human remains by an applicant in the
				presence of a member of the board who is a practitioner of funeral
				service.
12. Practitioner of
				funeral service. "Practitioner of funeral service" means any person engaged in
				the practice of funeral service as defined in
				32 MRSA
				§1400(5), including but
				not limited to embalmers and funeral directors, whether self-employed or
				employed by others.
12-A.
				Practitioner trainee. "Practitioner trainee," as defined in
				 32 MRSA
				§1400(6), means a
				person licensed by the board for the purpose of acquiring supervised practice
				experience within the Maine Apprenticeship Program.
13-A. Settlor. "Settlor" means the person who
				creates a mortuary trust funded by an existing life insurance policy as
				described in Chapter 16, § 2(3) of the Board's rules.
14. State Law and Rule Examination. "State
				Law and Rule Examination" means the written examination on the State laws and
				rules promulgated by the Board relating to the practice of funeral service in
				the State of Maine.