reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 1 - ADMINISTRATION › Section 13:36-1.5 - Inspector$DQ$s duties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inspector shall:
1. Inspect mortuaries to ensure compliance with the provisions of the Mortuary Science Act, 45:7-32 et seq., and the rules governing the practice of mortuary science in the State set forth in this chapter;
2. Where necessary, view dead human bodies which have been placed in the care of any practitioner of mortuary science;
3. Inspect the license and registration of practitioners of mortuary science;
4. Verify employment and check credentials of all interns in training;
5. Visit any place where the practice of embalming is being conducted or where a funeral is in the process of being directed; provided, however, that such visitation shall be made in a respectful and decorous manner, as may be fitting the presence of the dead;
6. Visit any cemetery, crematory or public mausoleum for the purpose of determining whether dead human bodies entrusted to the care of a practitioner of mortuary science or funeral director are being properly disposed of according to law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 1 - ADMINISTRATION › Section 13:36-1.6 - Fees and charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall charge the following fees:
1. Application fee ...................................................................
$ 50.00
2. Initial license fee:
i. During the first year of a biennial renewal period ........................................
$ 350.00
ii. During the second year of a biennial renewal period ....................................... .
$ 175.00
3. Initial certificate of registration for a mortuary:
i. During the first year of a biennial renewal period ....................................... .
$ 700.00
ii. During the second year of a biennial renewal period ....................................... .
$ 350.00
4. Licensure examination fee .....................................................
$125.00
5. Practical examination fee ......................................................
$ 75.00
6. Intern registration fee ..........................................................
$ 75.00
7. New installation inspection fee ...............................................
$150.00
8. Biennial license renewal fees:
i. Practitioner ................................. .
$ 350.00
ii. Mortuary certificate of registration ........ .
$ 700.00
iii. Late renewal fee ...........................................................
$ 100.00
9. Change of manager registration fee ..........................................
$ 35.00
10. Funeral home name change fee ...............................................
$ 40.00
11. Duplicate license fee ............................................................
$ 25.00
12. Replacement, embossed registration certificate fee ........................
$ 25.00
13. Reinstatement fee ...............................................................
$150.00
14. Verification of licensure .........................................................
$ 25.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 1 - ADMINISTRATION › Section 13:36-1.8 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registered mortuary shall maintain full, accurate records of all funerals which it conducts or in which it participates in any manner, except as provided in 13:36-4.13.
(b) Funeral records shall be kept, electronically or otherwise, on an annualized basis for seven years and each funeral shall be designated by a number assigned consecutively at the time funeral arrangements are made. The information on such records shall be recorded after the completion of each funeral. The oldest six years of information shall be maintained in such a manner so as to be retrievable and readable within two weeks. The most recent one year of information shall be immediately retrievable and readable.
(c) Funeral records shall include the following, if applicable:
1. The Statement of Funeral Goods and Services Selected;
2. The name and location of the cemetery in which burial was made or the name and location of the crematorium where appropriate, and the charges made by the cemetery or crematorium;
3. The name and address of any church, synagogue, mosque, and/or clergy or celebrant who participated in the funeral service and who received any offering or honorarium, and the amount thereof, if paid by the funeral home;
4. The name and license number of the practitioner or intern who provided embalming services;
5. The name and license number of the practitioner or intern who provided religious and/or ritual preparation services, and the location where such services were provided. If religious and/or ritual preparation services were provided by other than a licensee or intern, the name and address of the unlicensed person or, where the unlicensed person is performing the services for a religious or commercial entity, the name and address of the entity that provided the religious and/or ritual preparation services;
6. The name and license number of the practitioner or intern who provided removal services. If removal services were provided by other than a licensee or intern, the name and address of the unlicensed person or, where the unlicensed person is performing the removal services for a religious or commercial entity, the name and address of the entity that provided the removal services;
7. Date of disposition;
8. The final bill;
9. A copy of the completed New Jersey Death Certificate, if the death occurred in the State, or if the death occurred outside of the State, a copy of the burial or transit papers or other final disposition documents;
10. A copy of any correction made to the New Jersey Death Certificate by the funeral director; and
11. A copy of the disinterment permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 1 - ADMINISTRATION › Section 13:36-1.9 - Statement of Funeral Goods and Services Selected

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When making preneed and/or at need funeral arrangements, as defined in N.J.A.C. 13:36-11.1, the practitioner shall compile a Statement of Funeral Goods and Services Selected. The statement shall be on a preprinted, single-sided sheet of paper that is at least 81/2 inches by 11 inches, but no more than 81/2 inches by 14 inches, and shall include at least the following information:
1. The full name of the funeral home, address, telephone number, manager's name, title and license number, and funeral file number, whether the statement is being completed for an at need arrangement or a preneed arrangement, as defined in N.J.A.C. 13:36-11.1, or for a price quotation only, and the language "This statement is subject to change by agreement of the parties";
2. The full name, legal address, date of birth, date and place of death, and sex of the decedent;
3. The name and address of the consumer making the funeral arrangements and the date the arrangements are made;
4. The following disclosures:
i. "Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below." and
ii. "If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below."
5. Estimated charges;
6. All charges relative to the funeral, broken down into at least the five general categories set forth in (c) below, with subtotals and grand totals as indicated;
7. Cash disbursements paid by the family; and
8. The funeral record number as required by 13:36-1.8(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 1 - ADMINISTRATION › Section 13:36-1.10 - Limited exemption for anatomical associations of a medical school established and operated by the State of New Jersey for the acceptance and disposition of human remains donated pursuant to the Revised Uniform Anatomical Gift Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section shall apply to the operation, maintenance and use of mortuaries by licensed practitioners of mortuary science for the benefit of anatomical associations of medical schools established and operated by the State of New Jersey, which association is the vehicle for the acceptance and disposition of human remains donated pursuant to the Revised Uniform Anatomical Gift Act, 26:6-77 et seq., for the purpose of medical research and education.
(b) Upon the Board's receipt of an application for registration of a mortuary at such an association as described in (a) above, the Board may exempt said association from the following provisions of this chapter:
1.
										13:36-4.6, Corporation's application for registration of funeral establishment;
2.
										13:36-4.7, Corporate applicant's charter;
3.
										13:36-5.1, Display of "Manager" sign;
4.
										13:36-5.4, Physical structure of mortuary; separation from living quarters;
5.
										13:36-5.10, Display of establishment sign;
6.
										N.J.A.C. 13:36-8.12, Public accommodations; and
7.
										13:36-6.1, Privacy of burial preparation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.1 - Qualification for intern registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, have the following meaning, unless the context clearly indicates otherwise:
1. "Preceptor" means a practitioner of mortuary science who satisfies the requirements of 13:36-2.7 and who is responsible for the supervision of an intern during the intern's practical training period.
2. "Two years of academic instruction" means the successful completion of 60 degree credits at a community or county college or one-half the credits required to complete a degree at the four-year college or university in which the student is enrolled.
3. "Three years of academic instruction" means the completion of 90 degree credits at a community or county college or four-year college or university or a combination thereof or three-quarters of the credits required to complete a degree at the four-year college or university in which the student is enrolled.
4. "Remedial or basic course" means a non-degree credit course required by a college or university to be completed by a student before being admitted to a specific college level course or degree program course.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.2 - Request for application

Current through Register Vol. 56, No. 14, July 15, 2024
Applications for intern registration may be obtained from the State Board of Mortuary Science, PO Box 45009, 124 Halsey Street, Newark, New Jersey 07101 and on the Board's website at
http://www.njconsumeraffairs.gov/mor/Pages/applications.aspx
The application shall be executed by the preceptor and intern and certified in affidavit form, and returned to the Board office. A completed application form shall contain information concerning the prospective intern's educational background, the name and address of the registered mortuary where the prospective intern will be registered, and the name and license number of the preceptor who meets the requirements of N.J.A.C. 13:36-2.7. An applicant shall report any changes in this information to the Board within five days. A prospective intern shall also submit two passport-size photographs with his or her application for registration.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.3 - Availability of interns

Current through Register Vol. 56, No. 14, July 15, 2024
Interns shall be available for funerals, embalmings, removals and other training instruction in accordance with 13:36-2.14 and shall assist in the embalmings of at least 75 bodies, the conduct of at least 75 funerals and the arranging of at least 25 funerals (whether preneed or at need) during the practical training period which shall not exceed three years pursuant to 13:36-2.12.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.4 - Intern identification card

Current through Register Vol. 56, No. 14, July 15, 2024
During the course of his or her training, every intern shall at all times carry on his or her person the intern identification card issued by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.5 - Reporting embalmings, funeral attendance and funeral arrangements; form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall furnish monthly report forms to the intern for reporting embalmings, funerals attended and funerals arranged, which shall be signed by the intern and preceptor and dated and filed with the Board no later than the 15th day of each month of the training period. The intern shall complete such monthly reports setting forth all information required therein and shall file the forms with the Board. Such reporting shall continue until the intern becomes licensed.
(b) No internship credit shall be granted for embalmings performed, funerals attended, and funerals arranged during the month when a report is received after the prescribed monthly filing date except upon presentation of proof that good cause exists for failing to timely file the report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.6 - Credit for embalming body

Current through Register Vol. 56, No. 14, July 15, 2024
No more than one intern shall receive credit for the embalming of any one body.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.7 - Preceptor requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No practitioner of mortuary science shall engage an intern unless the practitioner:
1. Prior to such engagement, holds an active New Jersey license for at least two years;
2. Has a case volume during the previous calendar year of a minimum of 25 cases, which shall not include stillbirths; and
3. Within five years of the engagement, has not been convicted of a crime or offense relating adversely to the practice of mortuary science consistent with N.J.S.A. 45:1 -21 (f), or a crime of moral turpitude and has not been the subject of disciplinary action taken by a professional board resulting in the suspension, revocation, or surrender of a license or the placement of significant limitations on such license.
i. A practitioner who does not satisfy the requirements of (a)3 above shall obtain approval of the Board to serve as a preceptor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.8 - Absence from training

Current through Register Vol. 56, No. 14, July 15, 2024
If for any reason it becomes necessary for an intern to absent himself or herself during his or her internship for a period longer than 30 days, the intern shall submit to the Board in letter form the reason for his or her absence and the length of time he or she intends to be away. Such written notification shall be provided to the Board within five days of the absence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.9 - Termination or completion of training

Current through Register Vol. 56, No. 14, July 15, 2024
Upon termination or completion of any internship, the preceptor shall immediately request of the Board a notice of termination form which shall be completed by the preceptor and the intern and filed with the Board within five days of its receipt.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.10 - Return of intern identification card

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion or termination of an internship for any reason, the intern shall return his or her intern identification card immediately to the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.11 - Affidavit recommendation form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon termination or completion of an internship, or change in registered mortuaries by an intern, an affidavit recommendation form shall be filed with the Board within five days of such action. Any preceptor who refuses to certify any intern for the internship served under his or her supervision shall furnish the Board with a statement under oath setting forth the reasons for such refusal. If not satisfied with such statement, the Board may take such action as it may deem proper.
(b) In the event a preceptor is not available when the affidavit is to be executed, the Board may in its discretion, upon proper proof of satisfactory internship, select someone to sign the affidavit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.12 - Extension of internship

Current through Register Vol. 56, No. 14, July 15, 2024
No intern shall be permitted to continue his or her period of practical training as an intern for more than three years without prior Board approval, which shall only be granted for reasons of hardship, such as illness, disability, active service in the military or other good cause demonstrated by the intern.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.13 - Scope of practice: interns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with N.J.S.A. 45:7-47, an intern registered with the Board acting under the direct supervision of a preceptor may:
1. Participate in any capacity in the actual funeral arrangements, preservation, or disposal of dead human bodies;
2. Participate in any capacity in the actual preparation of dead human bodies;
3. 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;
4. Participate in embalming as provided at NJ.A.C. 13:36-6.7;
5. Make funeral arrangements on behalf of any licensed practitioner of mortuary science, provided the preceptor contemporaneously reviews and executes the SFGSS prior to the consumer executing such arrangements; and
6. Quote prices to a consumer in connection with any funeral services and/or goods when funeral arrangements are being made, consistent with the requirements of NJ.A.C. 13:36-9.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.14 - Preceptors' responsibility for training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The preceptor shall ensure that interns are thoroughly trained in the theory and practice of mortuary science, and the laws, rules and regulations pertaining thereto, and are proficient in the following areas:
1. Removal of remains, embalming, restorative art, dressing and casketing remains;
2. Making funeral arrangements with families, which includes attending funeral arrangement conferences, selling of merchandise, taking statistical information from families, filing death certificates, preparing obituary notices and placing such notices with newspapers, and attending viewings;
3. Ordering and pricing funeral merchandise, including facilitating the arrangement of flowers, arranging for and coordinating a schedule for the clergy, celebrant, church, synagogue, mosque, crematory, or cemetery, livery, pallbearers, visitation of various organizations, transportation by common carrier, and delivery of outer enclosures to the cemetery; and
4. Performing such other incidental duties related to the practice of mortuary science and the maintenance of the funeral establishment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 2 - INTERNS › Section 13:36-2.15 - Failure to file reports

Current through Register Vol. 56, No. 14, July 15, 2024
Failure on the part of a preceptor to file any reports required by this subchapter shall be deemed professional misconduct and shall subject the licensee to the penalties set forth at 45:1-25.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.1 - Qualifications for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be eligible for licensure, a candidate first shall submit to the Board the following:
1. A completed application form which shall contain the name and address of the candidate and the name and address of the candidate's employer;
2. An official transcript or diploma which shows that before entering a school of mortuary science, the candidate completed a four-year course of study in an approved public or private high school or the equivalent thereof;
3. Evidence that the candidate has completed a minimum of two years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instruction in a school of mortuary science approved by the American Board of Funeral Service Education or has completed a minimum of three years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instruction in a school of mortuary science approved by the American Board of Funeral Service Education;
4. A certificate from a preceptor in this State, which shows that the candidate has served a one-year or two-year period of practical training as an intern under the preceptor, pursuant to the provisions of 45:7-49(a)(2)  and the requirements of N.J.A.C. 13:36-2;
5. Evidence of having achieved a passing score on the National Board Examination;
6. Evidence of having achieved a passing score on the Board's Mortuary Jurisprudence examination pursuant to N.J.A.C. 13:36-3.2;
7. Evidence of having achieved a passing score on the practical examination administered by the Board pursuant to 13:36-3.7; and
8. An application fee pursuant to N.J.A.C. 13:36-1.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.2 - Application for Mortuary Jurisprudence examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request, an application for the Mortuary Jurisprudence examination shall be forwarded to a candidate who has completed a minimum of two years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instruction in a school of mortuary science approved by the American Board of Funeral Service Education or who has completed a minimum of three years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instruction in a school of mortuary science approved by the American Board of Funeral Service Education. The form shall be signed by the candidate and certified, unless notified otherwise. All applications shall be filed with the Board on or before the first day of the month in which the examination is to be held.
(b) The statements contained in the application for the Mortuary Jurisprudence examination shall be complete and accurate before the application is processed or accepted by the Board.
(c) A candidate who fails to appear, without good cause, shall forfeit the Mortuary Jurisprudence examination fee.
(d) An out-of-State resident may make application for the Board's Mortuary Jurisprudence examination, provided the applicant meets all admission requirements.
(e) The Board's Mortuary Jurisprudence examination may include all State laws and rules relevant to the practice of mortuary science, as well as pertinent Federal laws and regulations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.5 - Passing grades

Current through Register Vol. 56, No. 14, July 15, 2024
To successfully fulfill the examination requirement of N.J.S.A. 45:7-49, a candidate shall achieve a scaled score of not less than 75 on each of the two parts of the National Board Examination and achieve a scaled score of not less than 70 on the Board's Mortuary Jurisprudence examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.6 - Examination review procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An unsuccessful candidate may apply to the Board for a review of his or her Mortuary Jurisprudence examination papers. Such application shall be submitted to the Executive Director in writing within 10 calendar days following notification of Mortuary Jurisprudence examination results. The Executive Director shall, upon receipt of the candidate's application within the allotted time, arrange a date for the candidate to compare his or her examination sheet with the key answer sheet to ascertain mechanical grading errors, if any.
(b) Such review will take place in the Board office with an observer. The candidate will receive a copy of his or her answer sheet, a copy of the key answer sheet and one blank paper on which to take notes. These documents cannot be removed from the Board office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.7 - Practical examination requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No candidate shall be given the practical examination until after he or she has successfully completed the written examinations prescribed under 45:7-49. The practical examination shall be taken no sooner than 90 days before, or no later than 90 days after, completion of the prescribed period of internship.
(b) A candidate wishing to take the practical examination more than 90 days after the completion of the internship period at the same funeral establishment where the candidate completed his or her internship shall apply to the Board for an extension of the internship prior to taking the practical examination.
(c) A candidate wishing to take the practical examination more than 90 days after the completion of the internship period at a funeral establishment other than the one where the candidate completed his or her internship shall re-register as an intern and shall pay the intern registration fee set forth at 13:36-1.6.
(d) Such practical examination shall be held at a place determined by the Board and the examination shall be conducted by one or more Board members. A candidate who has failed the practical examination shall wait 30 days before being scheduled for re-examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.8 - Expiration of mortuary jurisprudence and practical examination results

Current through Register Vol. 56, No. 14, July 15, 2024
Results from the Mortuary Jurisprudence examination, required pursuant to 13:36-3.1(a)6, and the practical examination, required pursuant to 13:36-3.1(a)7, shall be valid for three years from the date of successful completion of the respective examinations. A candidate who does not obtain a license to engage in the practice of mortuary science within three years of passing the respective examinations shall retake and pass the examination for which the results have expired in order to be eligible for licensure pursuant to 13:36-3.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 3 - EXAMINATIONS AND CANDIDATE QUALIFICATIONS › Section 13:36-3.9 - Failure to complete application process

Current through Register Vol. 56, No. 14, July 15, 2024
If a candidate for licensure fails to complete the application process within 18 months of the date of initial application, the Board shall administratively close the application. Following such action, an applicant making reapplication to the Board shall resubmit all required documentation and the applicable application fee set forth at 13:36-1.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.1 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the licensee for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of license expiration.
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of mortuary science, or hold her- or himself out as eligible to engage in the practice of mortuary sciencein New Jersey, until such time as the license is returned to active status.
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:36-1.6. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.
(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(f) A licensee who continues to engage in the practice of mortuary science with a suspended license shall be deemed to be engaging in the unauthorized practice of mortuary science and shall be subject to action consistent with N.J.S.A. 45:1-14et seq., even if no notice of suspension has been provided to the individual. A License reactivation
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.1A - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:36-4.1(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period the licensewas inactive, which includes the name, address, and telephone number of each employer;
3. The renewal fee for the biennialperiod for which reactivation is sought as set forth in N.J.A.C. 13:36-1.6.
i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:36-1.6.
ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in NJ.A.C. 13:36-1.6; and
4. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in NJ.A.C. 13:36-10.3.
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of mortuary science and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.1B - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:36-4.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the name, address, and telephone number of each employer;
3. The renewal fee set forth in N.J.A.C. 13:36-1.6for the biennial period for which reinstatement is sought;
4. The past due renewal fee set forth in N.J.A.C. 13:36-1.6for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth in N.J.A.C. 13:36-1.6; and
6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:36-10.3.
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of mortuary science and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any continuing education requirements, the requirements of (a)6 above apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.2 - Notice of address change; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall give notice in writing to the Board of any change of his or her address of record within 10 days after such change of address. For purposes of this section, "address of record" means an address designated by a licensee which is part of the public record and which may be disclosed upon request. "Address of record" may be a licensee's home, business or mailing address, but shall not be a post office box unless the licensee also provides another address which includes a street, city, state and zip code.
(b) Failure to notify the Board of any change in a licensee's address of record pursuant to (a) above may result in disciplinary action in accordance with 45:1-21(h)  and the imposition of penalties set forth in 45:1-25.
(c) Service of any administrative complaint or other Board-initiated process at a licensee's address of record shall be deemed adequate notice for the purposes of 1:1-7.1 and the commencement of any disciplinary proceedings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.3 - Legal name change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a licensee changes his or her name, the change shall only be recorded by the Board upon receipt of legal documentation to substantiate the name change.
(b) If it is necessary to issue a duplicate license certificate, the original certificate shall be returned for cancellation, if possible.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.4 - New installations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 13:36-4.13, any person, corporation, partnership, limited liability partnership, limited liability company or other business entity desiring to operate, maintain, or use a mortuary shall first apply to the Board and remit payment of the fee provided in 13:36-1.6 for a new installation inspection and an application for certificate of registration.
(b) A new installation inspection of the premises shall be made by the inspector before a certificate of registration is granted.
(c) When the new installation inspection is made, temporary approval may be granted to operate until a certificate of registration is received provided the mortuary satisfies all applicable requirements set forth in this chapter and the provisions of the Mortuary Science Act, 45:7-32 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.5 - Change of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever there are any changes whatsoever in ownership, including a change of stockholders in an existing and continuing corporation, it shall be necessary for the new ownership to notify the Board within five working days after the ownership changes or stock transfer.
(b) Upon request, any new owner shall provide the Board with records of prepaid funeral agreements required to be maintained pursuant to 13:36-11.16.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.6 - Registration of mortuary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for registration of a funeral establishment to be operated by a corporation, a partnership, a limited liability partnership, a limited liability company or other business entity shall be accompanied by the fee provided in 13:36-1.6 and by:
1. A copy of the certificate of incorporation or certificate or agreement of formation certified by the Secretary of State;
2. The name, residence addresses and residence telephone numbers of the following:
i. The officers of the corporation;
ii. The general partner(s) of a partnership or limited partnership (and, if a general partner is a corporation, limited liability partnership, limited liability company, or other business entity, the officers of the corporation or the members of the limited liability partnership, limited liability company, or other business entity); and/or
iii. The managing or operating members of a limited liability company (and, if a member of a limited liability company is a corporation, the officers of the corporation);
3. A copy of the corporate resolution (certified by the secretary of the corporation and impressed with the corporate seal), the partnership agreement, or limited liability partnership or limited liability company operating agreement (certified by the general partner of the limited liability partnership or the managing or operating member of the limited liability company) designating the licensed practitioner of mortuary science;
4. In the case of corporations, an original certificate of good standing from the State of New Jersey;
5. In the case of partnerships, an application for registration signed by all partners, a certified copy of the partnership agreement, and the certificate of assumed name, if any, filed in the office of the county clerk; and
6. A letter forwarded to the Board by the funeral establishment manager indicating that he or she accepts the position.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.6A - Certificate of registration renewal; reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner shall renew his or her certificate of registration for a period of two years from the last expiration date. The owner shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of expiration. An owner who submits a renewal application within 30 days following the date of expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:36-1.6. An owner who fails to submit a renewal application within 30 days of expiration shall have his or her certificate of registration suspended without a hearing.
(b) An owner who continues to engage in the practice of mortuary science or continues to offer mortuary services with a suspended certificate of registration shall be deemed to be engaging in the unauthorized practice of mortuary science and shall be subject to the penalties set forth in N.J.S.A. 45:1-25et seq.
(c) The Board shall send a notice of renewal to the owner at least 60 days prior to the expiration of the certificate of registration. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the owner for failure to renew provided that the certificate of registration is renewed within 60 days from the date the notice is sent or within 30 days following the date of registration expiration, whichever is later.
(d) An owner seeking reinstatement following the suspension of a certificate of registration pursuant to (a) above shall:
1. Submit a completed application and the application fee set forth in N.J.A.C. 13:36-1.6;
2. Submit payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6;
3. Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; and
4. Submit payment of any outstanding penalties and evidence of satisfaction of other requirements imposed by an order of the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.7 - Corporate charter, partnership agreement, operating agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All corporate charters, partnership agreements or operating agreements submitted to the Board shall contain a provision stating that the practice of mortuary science, funeral directing and embalming shall be performed only by persons duly licensed by the State Board of Mortuary Science to do so.
(b) The following clause is an illustration of what the State Board of Mortuary Science shall accept as compliance with the Section.
To own, maintain, conduct, carry on and operate one or more funeral homes in the State of New Jersey, and for that purpose to hire, employ and engage the services of one or more embalmers and/or funeral directors duly licensed as such by the State of New Jersey, and to employ such other person or persons which the directors shall deem necessary to carry on and conduct such practice.
Subject to the rules and regulations heretofore made or promulgated by the State Board of Mortuary Science, and the said rules and regulations to be hereafter made or promulgated and other applicable laws of the State of New Jersey, to engage in the business and/or profession of mortuary science, embalming and funeral directing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.8 - Full-time licensed manager; termination; resignation; death; licensee in charge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every establishment authorized to carry on the practice of mortuary science shall be under the direct supervision of a full-time licensed manager.
(b) The manager shall be responsible for the direction, management and control of all work emanating from the establishment.
(c) Whenever the manager is terminated, resigns, or dies, the owner of the registered mortuary shall retain the services of a licensed practitioner of mortuary science who shall be responsible for directing, managing, and controlling all work performed by the establishment until such time as the manager is permanently replaced by another manager. That licensee shall be known as the licensee in charge. The owner of the mortuary shall notify the Board, in writing, within five business days of the termination, resignation, or death, of the name and license number of the licensee in charge.
(d) Whenever the manager is terminated, resigns, or dies, the owner and, as applicable, the manager or licensee in charge shall provide the new manager with the records of prepaid funeral agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16no later than 10 days prior to such change, or as soon thereafter as mutually agreed upon by the parties. The owner and, as applicable, the manager or the licensee in charge shall notify the Board of compliance with this subsection at the same time that he or she files the notice of change in manager with the Board.
(e) Except as set forth in (f) below, the licensee in charge shall, within 30 days of the previous manager's termination, resignation, or death, give notice to the Board of the name of the newly designated manager and, at that time, the newly designated manager shall submit to the Board the following:
1. A letter indicating such acceptance;
2. An application to become a manager; and
3. The fee prescribed for the application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 4 - LICENSE AND REGISTRATION GENERALLY › Section 13:36-4.9 - Participation of unlicensed persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No unlicensed person shall actively participate in any capacity in the actual funeral arrangements, preservation or disposal of dead human bodies, except that interns may participate in such activities pursuant to the provisions of 45:7-47.
(b) No unlicensed person shall actively participate in any capacity in the actual preparation of dead human bodies except for the following:
1. Interns;
2. Persons who perform religious and/or ritual preparations; and
3. Unlicensed persons who perform tasks on behalf of the registered mortuary for which a license is not required.