Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 05 - Professional Licensing › Part 25 - Embalmers, Funeral Directors, and Funeral Service Establishments (216-RICR-40-05-25) › Section 216-RICR-40-05-25.3 - Definitions

Current through June 14, 2024
A. Whenever used in these rules and
				  regulations, the following terms shall be construed as follows:
1. "Act" means R.I. Gen. Laws Chapter 5-33.2
				  entitled, "Funeral Director/Embalmer Funeral Service Establishments".
2. "Alternative container" means a
				  receptacle, other than a casket, in which human remains are transported to the
				  crematory and placed in the cremation chamber for cremation. An alternative
				  container shall be:
a. Composed of readily
				  combustible materials suitable for cremation;
b. Able to be closed in order to provide a
				  complete covering for the human remains that is resistant to leakage or
				  spillage;
c. Rigid enough for
				  handling with ease; and
d. Able to
				  provide protection for the health, safety, and personal integrity of crematory
				  personnel.
3.
				  "Authorizing agent" means a person legally entitled to authorize the cremation
				  of human remains.
4. "Board" means
				  the State Board of Funeral Directors/Embalmers.
5. "Body parts" means limbs or other portions
				  of the anatomy that are removed from a person or human remains for medical
				  purposes during treatment, surgery, biopsy, autopsy, or medical research; or
				  human bodies or any portion of bodies that have been donated to science for
				  medical research purposes.
6.
				  "Burial transit permit" means a permit for disposition of a dead human body as
				  required by state legal requirements.
7. "Casket" means a rigid container which is
				  designed for the encasement of human remains and which is usually constructed
				  of wood, metal, fiberglass, plastic, or like material, and ornamented and lined
				  with fabric and which may or may not be combustible.
8. "Cremated remains" means all remains of
				  the cremated human body recovered after the completion of the cremation
				  process, including pulverization which leaves only bone fragments reduced to
				  unidentifiable dimensions, and which may possibly include the residue of any
				  foreign matter including casket material, bridgework, or eyeglasses, that were
				  cremated with the human remains.
9.
				  "Cremation" means a two (2) part procedure whereby a dead human body or body
				  parts are reduced by direct flame to residue which includes bone fragments and
				  the pulverization of said bone fragments to coarse powdery
				  consistency.
10. "Cremation
				  authority" means the legal entity or the authorized representative of the legal
				  entity which is licensed by the state to operate a crematory and perform
				  cremation.
11. "Cremation chamber"
				  means the enclosed space within which the cremation takes place. Cremation
				  chambers subject to this Part shall be used exclusively for the cremation of
				  human remains.
12. "Cremation
				  container" means a container in which human remains are transported to the
				  crematory and placed in the cremation chamber for a cremation. A cremation
				  container should meet substantially all of the following standards:
a. Be composed of readily combustible
				  material suitable for cremation;
b.
				  Be able to be closed in order to provide a complete covering for the human
				  remains;
c. Be resistant to leakage
				  or spillage;
d. Be rigid enough for
				  handling with ease; and
e. Be able
				  to provide protection for the health, safety and personal integrity of
				  crematory personnel.
13.
				  "Department" means the Rhode Island Department of Health.
14. "Director" means the Director of the
				  Rhode Island Department of Health.
15. "Domestic partner" means a person who,
				  prior to the decedent's death, was in an exclusive, intimate and committed
				  relationship with the decedent, and who certifies by affidavit that their
				  relationship met the following qualifications:
a. Both partners were at least eighteen (18)
				  years of age and were mentally competent to contract;
b. Neither partner is married to anyone
				  else;
c. Partners were not related
				  by blood to a degree which would prohibit marriage in the state of Rhode
				  Island;
d. Partners resided
				  together and had resided together for at least one (1) year at the time of
				  death; and
e. Partners were
				  financially interdependent as evidenced by at least two (2) of the following:
(1) Domestic partnership agreement or
				  relationship contract;
(2) Joint
				  mortgage or joint ownership of primary residence;
(3) Two (2) of the following:
(AA) Joint ownership of motor
				  vehicle;
(BB) Joint checking
				  account;
(CC) Joint credit
				  account;
(DD) Joint lease;
				  and/or
(4) The domestic
				  partner had been designated as a beneficiary for the decedent's will,
				  retirement contract or life insurance.
16. "Embalmer" means any person who has
				  completed:
a. An internship;
b. Full course of study at an accredited
				  mortuary science school;
c. Has
				  passed the national board examination and the practical examination
				  administered by the Board; and
d.
				  Is engaged in the practice or profession of embalming, as defined by this
				  Part.
17. "Embalming"
				  means the practice, science or profession of preserving, disinfecting, and
				  preparing in any manner, dead human bodies for burial, cremation or
				  transportation.
18. "Funeral" means
				  a period following death in which there are religious services or other rites
				  or ceremonies with the body of the deceased, including cremated remains,
				  present.
19. "Funeral directing"
				  means:
a. Conducting funeral services;
				  or
b. The arrangement for
				  disposition of dead human bodies, except in the case of any religion where the
				  preparation of the body or the provision of funeral services should be done
				  according to religious custom or belief;
c. Only funeral directors/embalmers, working
				  for a licensed funeral establishment, shall be allowed to meet with families
				  for the purpose of arranging funerals.
d. Any person who assumed an ownership
				  interest from one's spouse or any widow or widower of a licensed funeral
				  director who, as of November 1, 1995, has been meeting with families to arrange
				  for the conducting of funeral services shall be allowed to continue this
				  practice.
20. "Funeral
				  director/embalmer" means any person engaged, or holding himself or herself out
				  as engaged in the practice, or profession of funeral directing, and the
				  science, practice or profession of embalming as defined by this Part, including
				  a funeral director of record, who may be a funeral director at more than one
				  (1) establishment or any other word or title intending to imply or designate
				  him or her as a funeral director/embalmer, undertaker, or mortician. The holder
				  of this license must be the holder of an embalmer's license.
21. "Funeral director/embalmer intern" means
				  any person engaged in learning the practice or profession of funeral directing
				  and the science, practice or profession of embalming under the instruction and
				  supervision of a funeral director/embalmer licensed and registered under the
				  provisions of the Act, and actively engaged in the practice, or profession of
				  funeral directing and embalming in Rhode Island.
22. "Funeral establishment" means a fixed
				  place, establishment or premises, licensed by the Department, devoted to the
				  activities which are incident, convenient, or related to the care and
				  preparation, arrangement, financial and otherwise, for the funeral,
				  transportation, burial or other disposition of human dead bodies and including,
				  but not limited to, a suitable room with all instruments and supplies used for
				  the storage and/or preparation of dead human bodies for burial or other
				  disposition.
23. "Funeral
				  merchandise" means those items which are normally presented for sale as part of
				  the funeral home operation on a for-profit basis. These items include: caskets,
				  sealed warranted outer burial containers and burial clothing. Items not
				  included are urns, grave markers, and non-sealed outer burial containers. All
				  persons engaged in the sale of funeral merchandise must comply with the
				  provisions of R.I. Gen. Laws Chapter 5-33.1.
24. "Funeral planning agent" means a person
				  who is at least eighteen (18) years of age, who has been duly and lawfully
				  designated, and who has accepted the designation, to act for the principal, and
				  who has authority and responsibility to make all arrangements, regarding
				  funeral preparation, planning, the nature of the funeral goods and services to
				  be provided, the manner in which funeral services are to be conducted, burial,
				  and/or the disposition of the principal's remains, including cremation, upon
				  the death of the principal. Duly and lawful designations shall include, but not
				  be limited to, a legally binding will and, for those serving in the armed
				  forces of the United States, a Department of Defense Record of Emergency Data
				  (DD Form 93), or its successor. The funeral planning agent may be a relative or
				  a non- relative of the principal, except as otherwise provided for in R.I. Gen.
				  Laws §
											5-33.3-3(d).
25. "Holding facility" means an area within
				  or adjacent to the crematory facility designated for the retention of human
				  remains prior to cremation that shall:
a.
				  Comply with any applicable health law;
b. Preserve the dignity of the human
				  remains;
c. Recognize the
				  integrity, health and safety of the crematory authority personnel operating the
				  crematory; and
d. Be secure from
				  access by anyone other than authorized personnel.
26. "Person" means individuals, partnerships,
				  corporations, limited liability companies, associations and organizations of
				  all kinds.
27. "Practice of funeral
				  service" means a person engaging in:
a.
				  Providing shelter, care and custody of human dead remains;
b. The practice of preparing of the human
				  dead remains by embalming or other methods for burial or other
				  disposition;
c. Entering into a
				  funeral service contract; and
d.
				  Engaging in the functions of funeral directing and/or embalming, as presently
				  known, including those stipulated in the Act, and as defined in the Federal
				  Trade Commission's "funeral rule" incorporated by reference above at §
												25.2(A)   of
				  this Part.
28. "Niche"
				  means a compartment or cubicle for the memorialization or permanent placement
				  of a temporary container or urn containing cremated remains.
29. "OSHA" means the federal Occupational
				  Safety and Health Administration.
30. "Processing" means the reduction of
				  identifiable bone fragments after the completion of the cremation process to
				  unidentifiable bone fragments by manual means.
31. "Pulverization" means the reduction of
				  identifiable bone fragments after the completion of the cremation and
				  processing to granulated particles by manual or mechanical means.
32. "Rental casket" means a casket that may
				  be re-used in accordance with this Part.
33. "Temporary container" means a temporary
				  container that is a receptacle for cremated remains usually made of cardboard,
				  plastic, or similar material designed to hold the cremated remains until an urn
				  or other permanent container is acquired.
34. "Urn" means a receptacle designed to
				  permanently encase the cremated remains.