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 3.03 - Employment of Apprentice Embalmers

Current through Register 1525, July 5, 2024
A Licensed Funeral Establishment may employ Apprentice
				Embalmers to prepare or assist in the preparation of dead human bodies for
				burial, cremation or other final disposition, provided that all of the
				following conditions are met:
(1) Each
			 Apprentice Embalmer so employed is duly registered with the Board pursuant to
			 239 CMR
			 3.02.
(2) Each Apprentice Embalmer is 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 the Commonwealth of Massachusetts.
(3) Each Apprentice Embalmer so employed is
			 registered to a Licensed Funeral Establishment operated by the business
			 organization which employs that Apprentice Embalmer. The Apprentice Embalmer
			 shall work at all times under the instruction and Personal Supervision of a
			 Type 3 employed by the business organization which operates said Licensed
			 Funeral Establishment and/or a Type 6 employed by the Type 3.
(4) The Type 3(s) to whom the funeral
			 establishment certificate was issued for the Licensed Funeral Establishment
			 under which that Apprentice Embalmer is registered as well as any supervising
			 Type 6(s) shall also be held responsible for all acts or omissions of that
			 Apprentice Embalmer which occur in the course of that Apprentice Embalmer's
			 employment with that entity.
(5)
			 Each Apprentice Embalmer so employed complies with any and all applicable
			 requirements of M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and
			 239 CMR;
(6) The business entity
			 which employs an Apprentice Embalmer notifies the Board, in writing, within
			 seven business days of any change in the name and address of the Licensed
			 Funeral Establishment(s) in which each such Apprentice Embalmer
			 works.
(7) If there is a change in
			 the employment status of any such Apprentice Embalmer, the business entity
			 which employed that Apprentice Embalmer submits to the Board a written
			 affidavit indicating the length of time that the Apprentice Embalmer was
			 employed as such.
(8) The total
			 number of Apprentice Embalmers employed by any one entity does not exceed one
			 Apprentice Embalmer for each 50 cases, or fraction thereof, for which funeral
			 goods or services were provided by that entity during the preceding two
			 calendar years.
(9) The address of
			 the license for an Apprentice Embalmer shall be the Licensed Funeral
			 Establishment where the Apprentice Embalmer is employed.
(10) Upon termination of employment, an
			 Apprentice Embalmer registration shall become null and void within 30 days,
			 unless the Apprentice Embalmer secures employment with another Licensed Funeral
			 Establishment.
(11) Apprentice
			 Embalmers may perform the removal or transfer of a dead human body in a vehicle
			 registered as a hearse after requisite permission for such a removal has been
			 obtained by the supervisor (Type 3 or Type 6) so long as said supervisor has
			 personally accompanied the registrant for the first 20 removals/transfers
			 performed during the course of their employment as an Apprentice
			 Embalmer.
(12) Upon the request of
			 the Board, or a duly authorized representative thereof, a Licensed Funeral
			 Establishment shall furnish to the Board satisfactory written proof of
			 employment for any Apprentice Embalmer employed by said Licensed Funeral
			 Establishment and registered under 239 CMR 3.03.