Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:110 - Funeral establishment criteria

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.010,
				316.030,
				316.125,
				316.127,
				316.130,
				316.260,
				16 C.F.R.
				453.2(b)(2)-(5),
				29
				U.S.C. 651
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.125(1) prohibits
				operating a full-service funeral establishment, a visitation and ceremonial
				funeral service establishment, or an embalming service establishment without
				first obtaining the applicable license from the board.
				KRS
				316.210(1) authorizes the
				board to promulgate administrative regulations to carry out and enforce the
				provisions of KRS Chapter 316. This administrative regulation establishes the
				minimum requirements for the licensing and operation of a funeral
				establishment.
Section 1. General
			 Requirements.
(1) The interior and exterior of
			 the establishment shall be kept free and clean of litter, dirt, debris, and
			 clutter or other objects or conditions that present a potential or actual
			 hazard to the health, safety, or welfare of the public and the funeral
			 establishment's employees.
(2) Only
			 the following persons shall be permitted in a preparation room during the
			 course of embalming a dead human body:
(a)
			 Employees of the establishment where the human body is being
			 embalmed;
(b) Registered
			 apprentices;
(c) Members of the
			 family of the deceased;
(d)
			 Authorized representatives of the deceased; or
(e) Any other individual otherwise allowed by
			 law.
(3) An establishment
			 shall maintain the following documents, if applicable:
(a) Board approved embalming reports that
			 include:
1. The name of each body
			 embalmed;
2. The date of
			 death;
3. The date and time that
			 the embalming took place;
4. The
			 name and signature of the embalmer; and
5. The embalmer's license number;
(b) Proper documentation of the
			 authorization to embalm; and
(c)
			 Accurate and current copies of:
1. The casket
			 price list;
2. The outer burial
			 container price list;
3. The
			 general price list; and
4. The
			 statement required by the Federal Trade Commission in
			 16 C.F.R. 453.2(b)(2) through
			 (5), as maintained in the general practice of
			 the establishment.
(4) An establishment shall maintain embalming
			 reports and documentation of authorization to embalm for a minimum of three (3)
			 years.
(5) Establishments located
			 in any public office building, strip mall, public storage, mini-storage,
			 mini-warehouse, multiunit storage complex, or similar facility used by the
			 general public for the storage of goods shall be ineligible for a
			 license.
(6) The building in which
			 an establishment is located, and any sidewalks and parking areas provided
			 adjacent to the establishment, shall be in conformity with the requirements of
			 the applicable federal, state and local statutes, administrative regulations,
			 ordinances, and zoning provisions relating to publicly-accessible buildings and
			 establishments.
(7) An
			 establishment shall display a sign that:
(a)
			 Identifies the name of the establishment; and
(b) Is in a location visible from an adjacent
			 public road.
(8) An
			 establishment shall have adequate rest room facilities for members of the
			 public if public funeral services or visitation or ceremonial services shall be
			 conducted in the establishment.