reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.11 - Trade names

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for registration of a funeral establishment operated under a trade name or other assumed name must be accompanied by a certified copy of the trade name certificate as filed in the county clerk's office.
(b) Application for registration of a funeral establishment must be accompanied by an affidavit by the applicant setting forth the true full names, residences and residence telephone numbers of any and all persons having a proprietary or financial interest in the business.
(c) The firm operating under a trade name shall forward to the Board the name of the full-time manager in charge. The manager shall also forward to the Board an affidavit stating he or she accepts said position.
(d) Whenever an individual licensed owner conducts a funeral establishment under his or her own surname, then such use of the surname shall not be considered a trade name.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.12 - Full-time licensed manager; termination; resignation; death; licensee in charge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The practice of a mortuary establishment shall cease and the certificate of registration shall become void upon the death of a sole proprietor and shall not be renewed unless the executor or administrator of the estate or the deceased owner's heir or heirs informs the Board within 30 days of the death of the owner of their intention to continue the mortuary practice and to apply for a new certificate of registration. Such notice shall be in writing and conform with the following requirements:
1. It shall state the practice shall be under the direct supervision of a licensed practitioner of mortuary science who shall serve as the manager or the licensee in charge as provided in 13:36-4.8(c), whichever is applicable, and shall contain the name of the licensee selected.
2. The firm may operate under the supervision of a licensee in charge for a period not longer than 60 days to secure the services of a full-time licensed manager; provided, however, upon making a further request, the Board may grant an extension of time during which the licensee in charge may serve.
3. The manager shall simultaneously submit to the Board an affidavit stating his or her willingness to act in such capacity.
4. When the firm is to be operated under an estate, a trade name certificate certified by the county clerk shall be submitted with the notice. This rule shall not apply to corporate firms.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.13 - Use of a registered mortuary owned by another

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who owns a New Jersey registered mortuary may use another New Jersey registered mortuary without obtaining a certificate of registration or complying with new funeral home installation requirements up to three times per calendar year. The owner of a New Jersey registered mortuary may permit the owner of another New Jersey registered mortuary to use his or her mortuary up to three times per calendar year. The Board may waive these three times per calendar year limitations upon receipt of an application showing good cause for the waiver.
(b) All parties involved in such a special use agreement shall immediately forward written notice to the Board before each use of the establishment. This notice shall include the following information:
1. Title and address of the firm being used and the name of the manager;
2. The name and address of the firm using the establishment and the name of the licensee in charge;
3. Name of decedent; and
4. The exact date(s) the establishment is to be used.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.15 - Licensure by credentials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall issue a license to engage in the practice of mortuary science to any person who holds a valid license or certification to practice mortuary science issued by another state or possession of the United States, or the District of Columbia, provided that the applicant has met education and experience requirements substantially equivalent to the requirements set forth at 13:36-3.1, has satisfied the requirement of (c) below, and submits the following:
1. A completed application documenting and certifying the applicant's education and experience;
2. The fee set forth at 13:36-1.6(a)1;
3. A certification verifying that the applicant has been actively engaged in the practice of mortuary science for at least two years immediately preceding the submission of the application;
4. A certification from the licensing authority in each jurisdiction in which the applicant has been licensed or certified verifying the applicant's licensure status; and
5. A certification from the licensing authority in each jurisdiction in which the applicant has been licensed or certified documenting any final or pending public disciplinary action taken against the applicant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.16 - Responsibilities of licensee and owner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees and owners shall be responsible for compliance with all laws and regulations governing the practice of mortuary science in the State.
(b) Violations of the Mortuary Science Act, 45:7-32 et seq. or the rules of this chapter by a licensee or owner may subject the licensee or owner to disciplinary action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.17 - Full-time licensed manager; termination; resignation; death; licensee in charge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any liceHnsee of the State Board of Mortuary Science, upon conviction of any crime, shall notify the Board of such conviction in writing within 30 days.
(b) Any licensee of the State Board of Mortuary Science shall notify the Board within 30 days of any arrest, summons, indictment, admission into pre-trial intervention (PTI), or plea of guilty to any violation of law, ordinance, felony, misdemeanor, or disorderly persons offense, in New Jersey, any other state, the District of Columbia, or any other jurisdiction. This notification requirement shall not apply to parking or speeding violations, but does apply to motor vehicle violations, such as driving while impaired or intoxicated.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.1 - Disclosure of manager name; posting of manager license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The name of the manager shall be conspicuously displayed with the title "manager" on a sign at or about the main entrance of the funeral establishment or on the firm sign, provided, however, that at the option of the firm, the term "senior director" or "executive director" may be substituted for "manager." The firm shall utilize one term only to refer to the manager and such designated term shall be used consistently on all firm communications consistent with the requirements of (b) below. The sign shall contain legible letters that are no less than 1 1/2 inches in height.
(b) The name and license number of the manager shall appear with the designated title "manager," "senior director" or "executive director" on all stationery, billheads, advertising, price lists and in all other instances where the firm name is used, consistent with the requirements of 13:36-5.12.
(c) The license of the manager shall be conspicuously displayed in the registered mortuary as required pursuant to 45:7-61. If a licensee is retained as the manager of more than one registered mortuary, the licensee shall obtain a duplicate license for posting in such other establishments from the Board upon payment of the duplicate license fee provided in 13:36-1.6. The requirement to obtain a duplicate license shall not apply in the case of a licensee employed by multiple funeral establishments operating in the same location pursuant to 13:36-5.9.
(d) The designation of a licensee by a registered mortuary as the firm's "manager," "senior director" or "executive director," as provided in (a) above, shall preclude the use of any of those terms by any other licensee employed by the registered mortuary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.2 - Application approved for specific locations; separate facilities construed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for registration of a funeral establishment shall be approved for a specified address and location only.
(b) In the event that the applicant maintains a chapel, preparation room or other funeral service facility in a building or portion thereof physically separated from, and located at a location designated by an address differing from the office and/or chapel or other facilities of the applicant, such chapel, preparation room or other funeral facility shall be deemed a separate funeral establishment or funeral establishments, for which a separate application for registration shall be made.
(c) Nothing contained in this Section shall be construed or interpreted to require a separate registration for such a building, if the building or part thereof is joined or connected by any private passage, walk or driveway existing between the registered establishment and such other building.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.3 - Transferability of registration certificates; new location

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certificate of registration is not transferable. When a registered mortuary is discontinued at the registered address, the certificate shall be immediately returned to the Board office for cancellation.
(b) Whenever a registered mortuary is to be moved to a new location, the owner shall apply for a new certificate of registration and notify the Board, in writing, at least 15 business days in advance of the proposed date of opening at the new location. The new certificate of registration shall not be issued until all applicable requirements in this chapter and all relevant statutes, regulations and ordinances are satisfied. The registered mortuary shall not begin operation at the new location until approval is granted by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.4 - Physical structure of mortuary; separation from living quarters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All registered mortuaries shall have at least one viewing room, equipment, facilities and private lavatories suitable to serve the general public.
(b) All registered mortuaries shall be maintained on floor levels which are separate and distinct from living quarters, kitchens or other rooms that are ordinarily a part of the domestic household unit. If the registered mortuary maintains a break room, the room shall be separate and distinct from the preparation room and shall be inaccessible to the public.
(c) In the case of ranch type funeral establishments or other cases in which the architectural structure makes it impossible to have suitable parlors and facilities on a different floor level, the owner shall prove to the Board's satisfaction the existence of a proper division between the mortuary section and the living quarters of the building.
(d) All areas in a registered mortuary that are not used exclusively as living quarters may be subject to Board inspection.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.5 - Preparation room requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every registered mortuary shall contain a preparation room on the premises which is suitably located and private and shall comply with the following requirements:
1. The walls shall extend from floor to ceiling. The ceiling and walls shall be covered with tile, finished plaster, composition wall board or other composition material or combination of these materials. With exception of tile, all of these materials shall be finished with enamel, varnish or some other smooth-hard waterproof material.
2. Outside ventilation shall be provided for by windows, transoms or air conditioning, and every preparation room shall comply in respect to ventilation with State and local laws, ordinances and regulations. A preparation room shall be ventilated so that no deleterious odors shall be permitted to enter into any other part of the premises of the funeral establishment or into any other adjoining premises or property.
3. The floor shall be concrete or tile with glazed surface. Wood flooring may be used provided it is covered with linoleum or other composition material that is impervious to water.
4. All preparation rooms shall contain only equipment necessary for the preparation or care of dead human bodies for disposal or transportation, and shall not have an opening or doorway into a lavatory which is designated to serve the general public.
5. All doors leading from the preparation room or embalming room shall have a smooth surface or be covered with material impervious to dirt and liquids. All windows and outside doors shall be screened.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.6 - Equipment requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every funeral establishment in the State shall have in its preparation or embalming room and shall be equipped with, at a minimum, the following:
1. Leakproof trash can;
2. Instrument cabinet;
3. Disinfecting agents;
4. Drainage or viscera bucket;
5. Embalming table, porcelain or metal with a drainage opening in the lower end;
6. Hydro-aspirator with approved vacuum breaker, electric aspirator, or other approved aspirator;
7. Waste sink with a minimum two inch drain;
8. Wash basin with hot and cold running potable water;
9. One leakproof container for storing dirty linens;
10. For each licensee and trainee, protection, apparel and/or equipment as required by all applicable standards of the Occupational Safety and Health Administration Agency (OSHA) and N.J.A.C. 7:26-3A, the Department of Environmental Protection regulations which implement the Comprehensive Regulated Medical Waste Management Act, 13:1E-48.1 et seq.
11. One container of hardening compound;
12. One set metal or rubber drain tubes (large, medium, small);
13. One set metal injection tubes (large, medium, small);
14. One aneurism needle or aneurism hook;
15. One large trocar;
16. One small trocar;
17. One scalpel;
18. One pair scissors;
19. Two hemostats;
20. Two forceps;
21. One hypodermic syringe;
22. Hypodermic needles (assorted);
23. Suture needles;
24. Suture thread;
25. An electrically-powered embalming machine; and
26. Clear, white, or flesh-colored adhesive tape.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.7 - Potable water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All owners and managers shall ensure that the potable water supply is not open to the danger of contamination from any source.
(b) The requirement in (a) above may be satisfied by the installation of any approved hydro-aspirator and such other devices as may be necessary to accomplish the purpose of this rule.
(c) Any infraction of this rule shall be reported immediately to the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.9 - Multiple funeral establishments in same location

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any individual, partnership, limited liability partnership, corporation, limited liability company or other business entity that applies to register any additional funeral establishment(s) in a location already registered as a funeral establishment by the State of New Jersey shall comply with the registration requirements set forth in N.J.A.C. 13:36-4 and all applicable rules in this subchapter.
(b) In the event a funeral establishment has the same or similar ownership of individuals, partnerships, limited liability partnerships, corporations, limited liability companies, or other business entities as the primary funeral establishment, prices quoted and charged to consumers shall be the same for all funeral establishments in that location.
(c) No more than three funeral establishments shall operate in one facility unless, upon application, the Board in its discretion finds that permitting an additional establishment will be in the best interest of consumers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.10 - Display of establishment sign

Current through Register Vol. 56, No. 14, July 15, 2024
Every funeral home, except a trade service, shall display the firm name as registered in the certificate of registration on a sign located reasonably near the main entrance or clearly visible from the street and the main entrance.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.11 - Burial preparation performed in separate room

Current through Register Vol. 56, No. 14, July 15, 2024
No embalming or other preparation for burial or disposition of a dead human body shall be performed in any funeral establishment except in a room set aside exclusively and approved by the Board for such purpose.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.14 - Discontinuation of business or bankruptcy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a mortuary is permanently closed for business, the manager or owner shall immediately:
1. Surrender the mortuary's Certificate of Registration to the Board;
2. Remove all signs from the exterior of the closed mortuary;
3. Discontinue all advertising and notify the Board as to the disposition of the mortuary's telephone service;
4. Furnish the Board with a copy of the preneed ledger required pursuant to N.J.A.C. 13:36-11.16(a);
5. Submit to the Board a copy of the notice sent to all preneed purchasers regarding the discontinuation as required pursuant to N.J.A.C. 13:36-11.19, and proof of service of such notice to consumers;
6. Provide the Board with proof from the New Jersey Electronic Death Registration System (EDRS) confirming that the mortuary's account is closed; and
7. Notify the Board of the location of the mortuary's records and the contact information for the person responsible for maintaining the records consistent with the requirements of NJ.A.C. 13:36-1.8, 11.16, and 11.17.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.15 - Unlicensed persons in funeral directing or embalming practice

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed practitioner of mortuary science shall not permit any unlicensed person to engage in or take charge of the activities for which a license to engage in the practice of mortuary science is required by the provisions of the Mortuary Science Act, set forth at 45:7-32 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.16 - Notice of absence from practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the manager of an establishment is absent from practice for a period in excess of 30 days, the manager and the owner of the registered mortuary shall separately notify the Board in writing within five days of such absence. The written notice shall also include the name of the licensed employee who will be designated the licensee in charge, consistent with the provisions of 13:36-4.8. In the case of a manager who is also the owner of the registered mortuary, a single written notification shall be submitted to the Board that clearly indicates that the individual holds both positions.
(b) The designated licensee in charge retained by the owner of the registered mortuary pursuant to (a) above shall notify the Board in writing of his or her acceptance of the position within five days of such action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.17 - Removal of human remains; authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall remove human remains from any residence or institution without first securing authorization consenting to the removal from the legal next of kin, consistent with N.J.S.A. 45:27-22, or a person legally entitled to grant said authorization.
(b) All removals of human remains shall be made pursuant to the direction of a registered mortuary.
(c) A registered mortuary shall ensure that all persons providing removal services utilize universal precautions as set forth in 13:36-6.4 and comply with all applicable Board rules.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.18 - Disposition of human remains

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever human remains are entrusted to the care of a registered mortuary for disposition, the registered mortuary shall retain professional responsibility for the remains from the point of removal to the final place of disposition or upon transfer to another registered mortuary for disposition.
(b) Notwithstanding (a) above, a licensed practitioner of mortuary science shall be present at the time of final disposition of human remains, consistent with 13:36-8.10, and shall comply with the requirements of N.J.A.C. 8:9 and shall not remove any body part or dispose of the remains in any manner, except as permitted by law and as authorized by the person legally entitled to grant said authorization.
(c) Viscera shall be treated in the same manner as the remains and shall be disposed of with the remains.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.19 - Use of registered mortuary in organ and tissue recovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered mortuary shall not be used as a site for recovering organs and/or tissues from a decedent.
(b) A licensed funeral director who permits a registered mortuary to be used as a site for recovering organs and/or tissues from a decedent shall be deemed to have engaged in professional misconduct and shall be subject to disciplinary action pursuant to 45:1-21 et seq.
(c) Nothing contained in this section shall preclude the use of a registered mortuary for the purpose of conducting examinations to determine the cause and/or manner of death of a decedent.
(d) Nothing in this section shall preclude a licensed funeral director from providing a lock of the decedent's hair to a member of the decedent's immediate family prior to the final disposition of remains.
(e) Nothing in this section shall preclude a licensed funeral director from collecting a DNA sample via cheek swab, clipping of fingernails, and/or blood collection, provided that the legal next of kin makes such a request and the sample is provided to the legal next of kin, consistent with N.J.S.A. 45:27-22, prior to the final disposition of remains.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.21 - Disclosure of ownership information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registered mortuary shall disclose on all general price lists, required pursuant to N.J.A.C. 13:36-9.5, whether any owner of the registered mortuary also owns 50 percent or greater interest in any other registered mortuary within the State. For purposes of this section, "person" means any individual, partnership, limited liability partnership, limited liability company, corporation, or other business entity.
(b) If disclosure of ownership information is required, the following statement shall appear on all required price lists: "A person who owns 50 percent or greater interest in this registered mortuary also owns 50 percent or greater interest in the following registered mortuaries in the State of New Jersey:". This disclosure shall include the municipality in which the registered mortuary is located and the mortuary's true firm name as registered with the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.1 - Privacy of burial preparation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The preparation for burial or other disposition of all dead human bodies shall be performed in privacy. No one shall be permitted to be present in the embalming, operating or preparation room while a dead human body is being embalmed, washed, or otherwise prepared for burial or other disposition except the following:
1. Licensed practitioners of mortuary science and their employees;
2. Duly authorized instructors of funeral directing schools;
3. Interns;
4. Public officials or representatives in the discharge of their duties;
5. Duly accredited doctors or nurses;
6. Members of the immediate family of the deceased and their designated representatives; and
7. Persons who perform religious and/or ritual preparations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.2 - Dress requirement for embalming

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every person, while engaged in the actual embalming of a dead human body, shall be attired in a clean and sanitary smock or gown, which does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth or other mucous membranes, and shall while so engaged wear protective apparel in compliance with OSHA regulations set forth at 29 CFR 1910.1030, incorporated herein by reference.
(b) The body being embalmed shall at all times be so covered as to ensure privacy of the body.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.3 - Use of poisons

Current through Register Vol. 56, No. 14, July 15, 2024
The use of any fluid or compound which contains arsenic, lead, mercury, zinc, silver, antimony or chloral or any poisonous alkaloid in the embalming of a dead human body is prohibited.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.4 - Disposal of blood and excretion

Current through Register Vol. 56, No. 14, July 15, 2024
All blood and excretions of a dead human body shall be disposed of in a sanitary manner. Licensees shall comply with OSHA regulations set forth at 29 CFR 1910.1030 in the operation of a licensed funeral establishment and shall use universal precautions according to the Centers for Disease Control recommendations set forth in Morbidity and Mortality Weekly Reports, Volume 38, S-6, June 23, 1989, and subsequent volumes available from the Centers for Disease Control, Atlanta, Georgia 30333 or at
www.cdc.gov
, incorporated herein by reference. These precautions shall include taking due care to prevent any spread of infection in the handling of a dead human body during transportation, in preparing and during embalming, and after contact with such body, and shall also include the disinfecting of hands and the removal of any soiled clothing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.5 - Marking receptacles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All receptacles containing embalming fluid, formaldehyde or any poisonous or dangerous substances shall be plainly marked to indicate the contents thereof in compliance with 29 CFR 1910.1048.
(b) Receptacles containing blood or other potentially infectious materials shall be placed in a container that prevents leakage during collection or storage.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.6 - Unnatural deaths

Current through Register Vol. 56, No. 14, July 15, 2024
No licensed practitioner of mortuary science shall permit the embalming of a dead human body where he or she has information reasonably indicating that death occurred as a result of accidental, homicidal or suicidal means or under suspicious or unnatural circumstances, until the body has been duly released to him or her for embalming or other preparation by the proper authority in accordance with the State Medical Examiners Act (52:17B-87 ).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 6 - EMBALMING PROCEDURE › Section 13:36-6.7 - Participation of interns in embalming

Current through Register Vol. 56, No. 14, July 15, 2024
An intern may not embalm or perform any part of an embalming procedure on a dead body unless such activity is performed under the immediate and direct supervision and control of a practitioner of mortuary science holding an active New Jersey license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 7 - SPECIAL RULES OF PRACTICE › Section 13:36-7.1 - Handling and embalming bodies dead of an infectious or contagious disease

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided by law, no person in the conduct of the practice of mortuary science shall:
1. Deny funeral services for any deceased person based upon the cause of death;
2. Place any condition upon the provision of funeral services for any deceased person based upon the cause of death; or
3. Represent that state or local law requires that any condition be placed upon the provision of funeral services for any deceased person based upon the cause of death.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.1 - Carrying license identification card

Current through Register Vol. 56, No. 14, July 15, 2024
Every licensed practitioner of mortuary science shall in the conduct of business carry on his or her person the current license identification card issued by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.2 - Divulging secrets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed practitioner of mortuary science shall not divulge or permit his or her agents or employees to divulge any privacies, confidences or secrets that may come to his or her attention through the practice of mortuary science.
(b) This section shall not be invoked to circumvent the Board's legal authority to carry out its duties and responsibilities under the law, nor the powers of the courts and other public bodies to compel the giving of testimony, nor any State or Federal law or rule that requires disclosure of such information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.3 - Safeguarding public health and decedent$DQ$s dignity

Current through Register Vol. 56, No. 14, July 15, 2024
Every licensed practitioner of mortuary science shall adopt all proper means and methods to safeguard the public health and the dignity of the decedent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.4 - Restrictions on employment

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed practitioner of mortuary science shall not employ or engage the services of any person other than his or her intern or interns or another licensed practitioner of mortuary science in the embalming of human remains or in the practice of mortuary science or funeral directing pursuant to 45:7-47.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.5 - Unauthorized license use

Current through Register Vol. 56, No. 14, July 15, 2024
No licensed practitioner of mortuary science shall lend his or her license to any other person, or employ it in such a way as to defeat the purposes of the law; provided, however, this rule shall not prevent a licensee from embalming human remains or supervising funerals and burials on behalf of out-of-State practitioners of mortuary science, funeral directors, or embalmers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.6 - Business cards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Business cards may be used by licensed practitioners of mortuary science, registered interns, and unlicensed persons associated with a registered mortuary, for identification purposes only, as set forth in (b), (c), and (d) below. Business cards that are used as copy for an advertisement or that are published, disseminated, circulated, or broadcast in the public media or social media shall be subject to the requirements set forth in N.J.A.C. 13:36-5.12.
(b) A licensed practitioner of mortuary science shall include on all business cards, at a minimum, the licensee's name, the licensee's title or position, such as "Manager," or "Funeral Director," and the license number of the practitioner preceded by the phrase "N.J. Lic. No. ........"
(c) A registered mortuary shall not permit an unlicensed person associated with the registered mortuary to use a business card for identification purposes unless the name and title or position of the unlicensed person appears on the card. An unlicensed person's business card shall not in any way connote that the person is licensed by the Board.
(d) An intern registered with the Board, pursuant to N.J.A.C. 13:36-2.1, and who is acting under the supervision of a preceptor, may use a business card provided that all business cards, at a minimum, include the intern's name, title of "registered intern," and registration number, preceded by the phrase "N.J. Intern Registration No. __________."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.7 - Authorized surrender of human remains

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed practitioner of mortuary science shall promptly surrender human remains upon proper direction and authorization of the person who, in accordance with N.J.S.A. 45:27-22, is lawfully entitled to its custody.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.8 - Authorization to embalm human remains

Current through Register Vol. 56, No. 14, July 15, 2024
No licensed practitioner of mortuary science shall take possession of or embalm human remains without first being directed and fully authorized to do by those whom, in accordance with N.J.S.A. 45:27-22, are charged with the duties of interment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.9 - Funeral arrangements or quotation of funeral prices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No unlicensed person shall be permitted to make funeral arrangements on behalf of any licensed practitioner of mortuary science, except that interns may make such arrangements pursuant to 45:7-47.
(b) Only a duly licensed practitioner of mortuary science or an intern shall quote prices to a consumer in connection with any funeral services and/or goods when funeral arrangements are being made. Nothing contained in this section shall preclude quotation of prices by a licensed practitioner of mortuary science or an intern when funeral arrangements are not being made.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.10 - Presence of licensee for disposition of dead human body

Current through Register Vol. 56, No. 14, July 15, 2024
Except for the transfer of remains from a place of temporary storage to a place of final entombment or interment within a single cemetery as provided in 13:44J-8.4, no interment, cremation or other disposition of a dead human body, or any disinterment thereof, shall be made by any person in the State of New Jersey unless a New Jersey licensed practitioner of mortuary science is present at the time of disposition, provided, however, that this rule shall not apply to a disinterment resulting from a court order in connection with a criminal investigation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.11 - Multiple burials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensed practitioner of mortuary science shall place the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus in a coffin, casket, or other container for the purpose of interment or cremation, or cause the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus, to be interred or cremated together unless specific, written authorization to do so has been signed by a person charged with the duties of interment, as set forth in (b) below, for each decedent, or by a court of competent jurisdiction.
(b) For the purposes of this section, the only persons who may authorize a licensee to perform a multiple burial are limited to the following:
1. The decedent or a person appointed by the decedent in a will to control the funeral and disposition of the decedent's remains or as provided in 45:27-22;
2. A relative or relatives of the decedent in the order of:
i. Surviving spouse of the decedent, the surviving domestic partner, as defined in 26:8A-3 or the surviving civil union partner, consistent with 37:1-28;
ii. A majority of surviving children of the decedent or the surviving child if one;
iii. The surviving parent or parents of the decedent;
iv. A majority of the brothers and sisters of the decedent if no child or parent is living; or
v. Other next of kin according to the degree of consanguinity.
3. City or county welfare director in cases involving the indigent.
4. Chief medical examiner in cases involving unidentified or unclaimed bodies.
5. A court of competent jurisdiction.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.12 - Public accommodations

Current through Register Vol. 56, No. 14, July 15, 2024
All funeral establishments shall be considered places of public accommodation and shall be subject to public accommodation laws including the Law Against Discrimination, 10:5-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 8 - GENERAL RULES OF PRACTICE › Section 13:36-8.13 - Referral fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be professional misconduct for a licensee to pay, offer to pay, or to receive from any person any fee or other form of compensation for the referral of a purchaser of goods and services.
(b) The prohibition of referral fees shall not prohibit the division of fees among licensees engaged in a bona fide employment or other business relationship for the delivery of professional services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.2 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be a violation of the rules of this subchapter to engage in unfair or deceptive acts or practices as defined herein or to fail to comply with the preventive requirements specified herein; any such action may be deemed to be professional misconduct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.3 - Failure to disclose required price information: an unfair or deceptive practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for a funeral provider to fail to furnish price information disclosing the cost to the purchaser for each of the specific funeral goods and funeral services used in connection with the disposition of deceased human bodies, including at least the price of embalming, transportation of remains, use of facilities, caskets, outer burial containers, immediate burials, or direct cremations, to persons inquiring about the purchase of funerals. Any funeral provider who complies with the preventive requirements in (b) below is not engaged in the unfair or deceptive acts or practices defined here.
(b) To prevent the unfair or deceptive acts and practices mentioned in (a) above as well as those defined in 13:36-9.15(a), funeral providers shall comply with the provisions of 13:36-9.4, 9.5, 9.6, 9.7 and 9.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.4 - Telephone price disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funeral providers shall tell persons who ask by telephone about the funeral provider's offerings or prices any accurate information from the price lists described in N.J.A.C. 13:36-9.5, 9.6, and 9.7, which reasonably answers the question, and any other information that reasonably answers the question and that is readily available.
(b) The manager of a registered mortuary may designate employees of the mortuary, including unlicensed persons, to provide accurate information from the price lists described in N.J.A.C. 13:36-9.5, 9.6, and 9.7. Responding to questions concerning information not on the price lists shall be referred to a licensee or intern in accordance with N.J.A.C. 13:36-8.9.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.5 - Casket price list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funeral providers shall give a printed or typewritten price list to people who inquire in person about the offerings or prices of caskets or alternative containers. The funeral provider shall offer the list upon beginning discussion of, but in any event before showing, caskets. The list shall contain at least the retail prices of all caskets and alternative containers offered which do not require special ordering, enough information to identify each, and the effective date for the price list.
1. In lieu of a printed or typewritten list, other formats, such as notebooks, brochures, or charts, may be used if they contain the same information as would the printed or typewritten list, displayed in a clear and conspicuous manner. The price list shall not contain any handwritten information.
2. Funeral providers do not have to make a casket price list available if the funeral providers place on the general price list, specified in 13:36-9.7, the information which is required by this section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 9 - PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES › Section 13:36-9.6 - Outer burial container price list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funeral providers shall give a printed or typewritten price list to persons who inquire in person about outer burial container offerings or prices. The funeral provider shall offer the list upon beginning discussion of, but in any event before showing, the containers. The list shall contain at least the retail prices of all outer burial containers offered which do not require special ordering, enough information to identify each container, and the effective date for the price listed.
1. In lieu of a printed or typewritten list, the funeral provider may use other formats, such as notebooks, brochures, or charts, if they contain the same information as the printed or typewritten list, displayed in a clear and conspicuous manner. The price list shall not contain any handwritten information.
2. Funeral providers do not have to make an outer burial container price list available if the funeral providers place on the general price list, specified in 13:36-9.7, the information which is required by this section.