reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.152 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
To obtain an estate, widow or widower's license, the
						estate, widow or widower of a deceased funeral director shall inform the Board
						of the intent to continue practice within 10 days of the deceased's death and
						request an application for an estate, widow or widower license. The application
						for an estate, widow or widower license shall be filed within 30 days of the
						deceased's death and shall include, in the case of an estate license, a short
						certificate, and in the case of a widow or widower license, a certified copy of
						the death certificate and a copy of the marriage certificate.
This section cited in 49 Pa. Code §
													13.151 (relating to issuance of
						  license).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.153 - Affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
The application for an estate, widow or widower license
						shall be accompanied by an affidavit from a licensed funeral director for
						registration as a permanent supervisor, together with the prescribed
						fee.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.155 - Permanent supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
A funeral establishment which is operating under a widow,
						widower or estate license shall have a licensed funeral director, in good
						standing with the Board, registered as the permanent, full-time supervisor.
						This requirement may be satisfied as follows:
(1) If the business of the deceased funeral
					 director was conducted as a partnership, the Board may allow a licensed funeral
					 director/partner to act as permanent supervisor for the widow, widower or
					 estate in lieu of acquiring an additional permanent supervisor.
(2) If the deceased funeral director operated
					 a single proprietorship or if the requirement described in paragraph (1) is not
					 satisfactory, a licensed funeral director in good standing with the Board shall
					 be employed as a permanent supervisor.
This section cited in 49 Pa. Code §
													13.251 (relating to funeral
						  supervisors and funeral directors on active duty-statement of
						  policy).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.156 - Registration of permanent supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
A widow, widower or estate desiring to register permanent
						supervisors shall apply to the Board for registration on forms obtained from
						the Board. The widow, widower or an authorized representative of the estate and
						the licensed funeral director who is to be the permanent supervisor may be
						required to appear before the Board for a registration conference if additional
						information is needed to complete the application and to expedite the approval
						process. These individuals may also be required to appear for a conference
						during each license renewal period, if additional information is
						needed.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.157 - Professional responsibility of supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
The supervisor for a widow, widower or estate licensee is
						responsible for complying with the act and this chapter. The widow, widower or
						estate licensee shall be held responsible for noncompliance only if the Board
						finds that the licensee had knowledge or should have known of the failure of
						the supervisor of the establishment to comply with the act or this
						chapter.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.158 - Signing of documents

Current through Register Vol. 54, No. 28, July 13, 2024
The supervisor of the establishment or the partner of a
						widow, widower or estate licensee shall execute documents required to be
						executed on behalf of the establishment, in that person's own
						name.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.158a - Name

Current through Register Vol. 54, No. 28, July 13, 2024
The name of the funeral establishment to which a widow,
						widower or estate license pertains shall remain the name of the establishment
						as licensed immediately prior to the death of the licensee.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.159 - Location

Current through Register Vol. 54, No. 28, July 13, 2024
The widow, widower or estate licensee shall continue the
						activities of the funeral establishment at the same location where the deceased
						funeral director had been licensed to practice, except that the Board may
						permit relocation of the establishment upon a showing of a need for the
						relocation.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.161 - Temporary supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
					 time of the death of the licensee, the Board may permit the widow, widower or
					 estate to operate the establishment of the deceased with a temporary supervisor
					 for a period not to exceed 6 months. The Board shall be notified of the name of
					 the temporary supervisor, who shall be required to file a statement under oath
					 of his willingness to act in that capacity and who shall be required to appear
					 before the Board with the widow, widower or legal representative of the estate.
					 The temporary supervisor may continue his own business during this 6-month
					 period.
(b) In the event of
					 termination of the permanent supervisor through death, resignation, retirement,
					 and the like, the Board will grant approval of a temporary supervisor for 30
					 days. Upon written request, and for good cause, the Board may grant an
					 additional 30-day extension to employ the services of a permanent
					 supervisor.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › WIDOW, WIDOWER AND ESTATE LICENSES › Section 13.163 - Classification of widow's, widower's and estate license

Current through Register Vol. 54, No. 28, July 13, 2024
Holders of widow's, widower's or estate licenses are not
						considered to be licensed funeral directors under the laws of the
						Commonwealth.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPARATION ROOM › Section 13.171 - General requirement

Current through Register Vol. 54, No. 28, July 13, 2024
Each funeral establishment wherein a licensed funeral
						director practices shall possess at least one room for the purpose of embalming
						and caring for human remains and for no other purpose other than preparation
						that may be required by certain religious sects by certified members of that
						religious sect. The room shall meet the standards prescribed in §
											13.174 (relating to facilities and
						equipment required).
This section cited in 49 Pa. Code §
													43b.6 (relating to schedule of
						  civil penalties-funeral directors and funeral
						  establishments).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPARATION ROOM › Section 13.172 - Place of preparation of all human remains

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Human remains, whether entrusted to the
					 funeral establishment by friends, next of kin or public authorities, shall be
					 completely prepared in the preparation room of an approved
					 establishment.
(b) The only
					 exception to subsection (a) shall exist in the case of a preautopsy embalming
					 performed in cooperation with a licensed physician for the sole purpose of a
					 pathology examination in a place approved by the Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPARATION ROOM › Section 13.173 - Approval by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
Preparation rooms of funeral establishments shall be
						approved by the Board. Approval shall be requested by the licensed funeral
						director. A licensed funeral director, resident intern or student trainee may
						not embalm or scientifically prepare human remains in a room not approved by
						the Board. This section does not prohibit the preparation of human remains as
						required by other laws of the Commonwealth or the United
						States.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPARATION ROOM › Section 13.174 - Facilities and equipment required

Current through Register Vol. 54, No. 28, July 13, 2024
The preparation room shall be constructed solely for the
						purpose of scientifically preparing human remains and shall contain the
						following facilities and equipment for the purpose of preventing disease and
						properly disposing of waste material arising out of the embalming
						process:
(1) A sink with running water
					 and sewerage connections and possessing a 2-inch capacity drain pipe.
(2) A metal or porcelain covered operating or
					 embalming table.
(3) A metal
					 cabinet or metal or glass shelves or a material impervious to water and
					 stain.
(4) A waste container with
					 cover.
(5) A first aid kit placed
					 in a conspicuous place.
(6)
					 Surgical instruments and apparatus for the preparation of embalming of a body.
					 Aspirator shall be a nonbackflow type or have a nonbackflow valve in the
					 line.
(7) Walls which are airtight
					 and covered in their entirety by tile, plaster, composition board or similar
					 material. With the exception of tile, all of those materials shall be finished
					 with enamel or some other smooth, hard, waterproof material.
(8) Airtight ceiling.
(9) A floor which shall be entirely of
					 concrete with glazed surface or tile or wood flooring covered with linoleum or
					 material of similar composition so as to be impervious to water.
(10) Outside ventilation which may be
					 provided by screened windows or transoms or, in lieu thereof, by an 8-inch pipe
					 leading to the exterior of the building and otherwise constructed so as to
					 conform to the highest health standards.
(11) Solid doors which are painted or
					 enameled and windows which are screened.
(12) Sterilizer, chemical or
					 otherwise.
(13) Flushing facilities
					 to flush injurious corrosive materials from the eyes or body.
(i) The facilities, which shall be
					 accessible, operable, and near the work area, are to be either:
(A) An eye bubbler or eye shower, or both,
					 available from safety equipment suppliers.
(B) A 4-foot length of 3/4-inch hose attached
					 to simple quick opening valve.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.181 - General knowledge

Current through Register Vol. 54, No. 28, July 13, 2024
A funeral director is responsible for the knowledge of
						and compliance with State and local health laws and regulations in addition to
						the act, this chapter and current Occupational Safety and Hazardous
						Administration regulations.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.182 - Sanitation

Current through Register Vol. 54, No. 28, July 13, 2024
Areas within a funeral establishment devoted to the
						conduct of a funeral service shall be maintained in a proper and sanitary
						manner. This shall include the proper disposal of waste material in a sanitary
						manner at the completion of each embalming operation. It shall be the duty of
						the funeral director to regularly inspect his establishment to insure continued
						sanitary conditions.
This section cited in 49 Pa. Code §
													43b.6 (relating to schedule of
						  civil penalties-funeral directors and funeral
						  establishments).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.183 - Food and beverages

Current through Register Vol. 54, No. 28, July 13, 2024
A food may not be served to the public in any part of a
						funeral establishment. Nonalcoholic beverages may be served in an area approved
						by the Board. A funeral director or employe shall take the proper steps for
						personal sanitation before serving or dispensing a permitted beverage to the
						public.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.184 - Prompt disposal of a deceased body

Current through Register Vol. 54, No. 28, July 13, 2024
A funeral director shall promptly prepare and bury bodies
						which are entrusted to his funeral establishment for that purpose and may not
						allow the retention of a dead human body at his establishment or elsewhere for
						a total of more than 10 days without first obtaining special permission from
						the Board. This section does not prohibit the transfer of a deceased body to a
						receiving vault located in a cemetery. In such case, the body shall be retained
						in accordance with 28 Pa. Code §
											1.22 (relating to structures for
						the dead).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.185 - Establishments-approval by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
Funeral establishments, whether newly built or newly
						owned, shall receive Board inspection and Board approval before commencing
						operation. Before the Board will inspect and approve the establishment, the
						funeral director shall submit an approval by the Department of Labor and
						Industry or furnish a copy of a local certificate of
						occupancy.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.186 - Use of preparation room

Current through Register Vol. 54, No. 28, July 13, 2024
The preparation room may not be used for a purpose other
						than the scientific preparation and embalming of human remains. Equipment or
						supplies other than those used in the scientific preparation or embalming of
						human remains may not be stored in the preparation room. Supplies and equipment
						indigenous to the preparation of a scientific religious sect may be stored in
						the preparation room so that bodies may be prepared in consort with the
						religious belief of families served.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › HEALTH LAWS AND REGULATIONS › Section 13.187 - Preparation or embalming of body

Current through Register Vol. 54, No. 28, July 13, 2024
A person other than a currently licensed funeral
						director, or a registered resident intern under supervision, may not prepare or
						embalm the body of a deceased person, except as set forth in section 13 of the
						act (63 P. S. §
												479.13).
						Other persons present in the preparation room during the preparation or
						embalming, or both, of the body shall be authorized members of the funeral home
						staff, or persons authorized by law, the funeral director or the family of the
						decedent.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › ADVERTISING › Section 13.191 - General rule

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A funeral
					 director may not make or cause to be made an inaccurate or deceptive statement,
					 representation, guaranty, warranty, testimonial or endorsement through
					 advertising or promotional medium.
(b) For purposes of this subchapter, a
					 funeral director shall be deemed to be engaged in advertising whenever the
					 funeral director, directly or indirectly, causes to be placed before the public
					 information concerning the funeral director's profession. This includes
					 publication, dissemination, circulation or placing before the public in any way
					 all forms of advertisement.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › ADVERTISING › Section 13.193 - Advertising media to include licensed individual

Current through Register Vol. 54, No. 28, July 13, 2024
In order that the public knows the name of a licensed
						person who will serve them, an establishment which is maintained under a
						pre-1935 corporation, restricted business corporation, widow, widower or estate
						license shall indicate the name of the permanent supervisor in advertising
						media.
This section cited in 49 Pa. Code §
													43b.6 (relating to schedule of
						  civil penalties-funeral directors and funeral
						  establishments).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › ADVERTISING › Section 13.194 - Names

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise indicated in the act or this chapter,
						individuals whose names are used in advertising shall be living and hold active
						licenses registered with the Board. Names of deceased licensed family members
						of an establishment may be used in advertising media, except in telephone
						directories, if the notation, "deceased," is used.
This section cited in 49 Pa. Code §
													43b.6 (relating to schedule of
						  civil penalties-funeral directors and funeral
						  establishments).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › ADVERTISING › Section 13.195 - Prices

Current through Register Vol. 54, No. 28, July 13, 2024
A funeral director may not authorize or permit a public
						or private announcement containing prices which give or tend to give the
						impression that they include services, merchandise or equipment which the
						funeral director does not intend to or does not supply.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › ADVERTISING › Section 13.196 - Advertising formats acceptable to the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The following advertising formats are acceptable to the
						Board:
(1) In the case of sole
					 proprietors, a name shall be used only as it appears on the license. The
					 following will serve as examples:
(i) John J.
					 Jones Funeral Home.
(ii) Jones
					 Funeral Home, John J. Jones, Funeral Director or F.D.
(iii) John J. Jones, Funeral Director, owner
					 or John J. Jones, F.D., Owner.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.201 - Professional responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The responsibilities and duties of licensed funeral
						directors in connection with a funeral, include the following:
(1) Providing full and factual representation
					 concerning aspects of the services rendered or the funeral furnishings
					 provided.
(2) Counseling the family
					 in the selection of services and furnishings taking into consideration both the
					 wishes of the family and their financial limitations.
(3) Maintaining confidentiality of
					 information received during the rendering of service to a family.
(4) Acquainting oneself with the religious
					 practices or customs of families the funeral director serves and adjusting
					 services to conform with their belief.
(5) Releasing the remains to the funeral
					 director chosen by the family, if any, in the most expeditious manner if called
					 upon to remove the remains from an accident or comparable situation, before the
					 family has been contacted.
(6)
					 Providing proper disposal of human remains in accordance with the following:
(i) Human remains held 24 hours beyond death
					 shall be embalmed or sealed in a container that will not allow fumes or odors
					 to escape or kept under refrigeration, if this does not conflict with a
					 religious belief or medical examination.
(ii) Human remains kept under refrigeration
					 over 24 hours beyond death shall be maintained at a temperature level between
					 35° and 40°F. The remains shall be buried, cremated or entombed within
					 5 hours following removal from refrigeration.
(iii) Under normal circumstances, the public
					 should not view an unembalmed body which has been kept in refrigeration longer
					 than 36 hours.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.204 - Written agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 written agreement form, either for at need or preneed, statement of funeral
					 goods and services approved by the Board, containing the name and address of
					 the funeral director, the date the arrangements were made, the name of the
					 deceased and the date of death, a specific listing of professional services,
					 merchandise, facilities and equipment to be supplied by the funeral director
					 for the preparation and burial, cremation or other disposition of the deceased
					 as outlined in subsection (c); an itemized statement of cash advances and
					 expenditures as explained in subsection (d); and the total cost, signed by the
					 funeral director, shall be given to the family representative or agency
					 official arranging for the funeral at the time of arrangements which must be
					 prior to the disposition of the deceased. The forms or statements used by
					 licensees in this Commonwealth must conform with the requirements imposed by
					 the Federal Trade Commission under 16 CFR Part 453 (relating to funeral
					 industry practices).
(b) A specific
					 listing of professional services, merchandise, facilities and equipment to be
					 supplied by the funeral director for the preparation and burial, cremation or
					 other disposition of the deceased as specified in subsection (a) shall be
					 completely spelled out as to what is included. Examples are as follows:
(1) Professional services include, if
					 provided, funeral counseling, available on a 24-hour basis; arrangements for
					 funerals and interments; preparation and local removal; obituary information to
					 newspapers; filing of necessary forms; handling of flowers; direction of the
					 funeral service; and presence at cemetery for interment services.
(2) Merchandise includes, if provided, a
					 casket, including space for a description; an outer case or vault, including
					 space for a description; memorial cards, prayer cards and acknowledgement
					 cards, indicating the amount; candles; a register book; temporary grave marker;
					 and pallbearer gloves.
(3)
					 Facilities and equipment shall include, if provided, reposing rooms, chapel
					 facilities, lounges, reception areas, parking, drape decoration or fern
					 decoration, necessary religious equipment such as prayer rails and mass card
					 holder, hearse (local), vehicle for removal (local), family car, flower
					 transportation vehicle, clergy vehicle and pallbearer vehicle, if
					 applicable.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.205 - Tentative agreements

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 13(d) of the act (63 P. S. §
												479.13(d)), tentative
						arrangements for funerals may be made by unlicensed funeral home staff persons
						in the temporary absence of the funeral director in charge. A licensed funeral
						director shall ratify the tentative arrangements within 48 hours. Tentative
						arrangements means contacting a licensed funeral director for the embalming
						operation, obtaining and placing obituary notices setting a service time with
						the clergyman and cemetery official and making an appointment for the family
						with a licensed funeral director for the selection of merchandise. Final
						arrangements shall be handled by a licensed funeral director. Failure to follow
						this section will be considered unprofessional conduct on the part of the
						funeral director in charge.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.212 - Cremation

Current through Register Vol. 54, No. 28, July 13, 2024
A dead human body may be cremated at any time after 24
						hours beyond the time of death. This does not prevent taking the remains to the
						crematory prior to 24 hours as long as written explicit instructions are given
						to the crematory that cremation absolutely cannot be done before 24 hours. A
						signed receipt shall be the possession of the funeral director to that
						effect.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.213 - Means of transportation

Current through Register Vol. 54, No. 28, July 13, 2024
Transportation of the deceased by a funeral director or
						the director's agent shall be only in or on a stretcher or container
						specifically designed for containment of human remains. A body shall be
						transported in a horizontal, face-up position and covered so that it is
						shielded from public view.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.214 - Commercial transportation of bodies

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever public transportation or a common carrier is
						employed in the transfer of a deceased person, the estimated cost of the
						transportation shall be explained to the family or legal representative of the
						deceased person prior to shipping.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STANDARDS OF PRACTICE AND CONDUCT › Section 13.215 - Supervision of funeral service and interment

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be the responsibility of the funeral director in
						charge to personally supervise the funeral service at the cemetery and to have
						a representative present at the interment of the deceased. The records of the
						funeral director shall indicate who his representative was at the
						interment.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPAID BURIAL CONTRACTS › Section 13.224 - Funding and reporting of prepaid burial contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A funeral director shall deposit in
					 escrow or transfer in trust to a banking institution in this Commonwealth, the
					 entire amount of monies received by the funeral director under a prepaid
					 contract for funeral services or merchandise, including additional service fees
					 or arrangement fees.
(b) In regard
					 to prepaid contracts entered into by funeral directors after November 4, 1989,
					 a funeral director shall file a report with the Board within 90 days containing
					 the information specified in subsection (c) with respect to each prepaid
					 contract for funeral services and merchandise. Forms for the reports, including
					 the report required under subsection (d), will be provided by the
					 Board.
(c) A funeral director shall
					 file a report with the Board on a form provided by the Board, certifying as
					 true and correct, the following information with respect to each prepaid
					 contract for funeral services and merchandise entered into:
(1) The date of the prepaid contract and the
					 name and address of the purchasers under the contract.
(2) The name and address of the banking
					 institution in which 100% of the money received by the funeral director on
					 account of the contract has been deposited.
(3) The account number, account registration
					 title-name and persons for whom the account is established-and the date the
					 account was established.
(4) In
					 installment contracts, if the entire amount of the contract has not been paid,
					 the report must expressly indicate the fact that an installment contract is
					 involved, and the total amount of installments received by the funeral director
					 and deposited in escrow or in trust.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPAID BURIAL CONTRACTS › Section 13.225 - Affidavit for prepaid burial accounts

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed funeral director shall, within 30 days of
						receiving notification from the Board, file with the Board, an affidavit that
						he has complied or will comply within a reasonable time, with section 13(c) of
						the act (63 P. S. §
												479.13(c)) and has deposited
						or will deposit in escrow or trust in a banking institution in this
						Commonwealth, 100% of monies received by him for preneed funeral arrangements
						or incidentals. Failure to file will result in disciplinary action by the
						Board.
The provisions of this §
													13.225 issued under section 16(a)
						  of the Funeral Directors Law (63 P. S. §
														479.16(a)).
This section cited in 49 Pa. Code §
													43b.6 (relating to schedule of
						  civil penalties-funeral directors and funeral
						  establishments).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › PREPAID BURIAL CONTRACTS › Section 13.226 - Nature and description of escrow or trust accounts for prepaid burial contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Funds
					 received for prepaid burial contracts shall be placed in an escrow or trust
					 fund account which shall be separate and distinct from the business and
					 personal accounts of the funeral director.
(b) If funds received by a funeral director
					 for preneed burial contracts are deposited in a banking account which bears
					 interest, or are invested by the trustee bank and produce earnings, the
					 interest or earnings shall be retained in the account with the principal and
					 shall be held, accounted for and transferred in the same manner as the
					 principal amount, to assure delivery of the same quality of service and
					 merchandise for which the contract was made.
(c) In the event of a sale or transfer of the
					 business of a funeral director, prepaid burial contracts and prepaid burial
					 accounts shall immediately be transferred to the control of the licensee who
					 will assume responsibility for completion of the prepaid burial contracts. The
					 licensee-transferee shall notify the Board in writing of the licensee's
					 willingness to accept responsibility for completion of the prepaid burial
					 contracts.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STATEMENTS OF POLICY › Section 13.251 - Funeral supervisors and funeral directors on active duty-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background.
(1) Under
					 §§
												13.1,
					 13.113,
					 13.122,
					 13.144 and
					 13.155, the professional
					 activities of a funeral establishment operating under an estate or widow
					 license, a pre-1935 business corporation license, a restricted business
					 corporation license and a branch license, shall be conducted under the
					 supervision of a licensed funeral director, in good standing with the Board,
					 who is assigned and registered with the Board as the permanent funeral
					 supervisor of the establishment. The only business structure which does not
					 require the services of a funeral supervisor is a sole
					 proprietorship.
(2) This policy
					 statement announces the procedures which are to be followed by funeral
					 establishments in this Commonwealth in the event of a national emergency which
					 requires rapid mobilization in the armed services on the part of funeral
					 supervisors or funeral directors of sole proprietorships in this
					 Commonwealth.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STATEMENTS OF POLICY › Section 13.252 - Profession of funeral directing-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Since the enactment of the act, the
					 Board, the Bureau and the Bureau of Enforcement and Investigation have
					 interpreted "profession" as used in section 2(1) of the act (63 P. S. §
												479.2(1)) to exclude:
(1) An individual engaged in the performance
					 of the ceremonies, customs, religious rites or religion of any people,
					 denomination or sect as constituting the practice or observance of religion in
					 accordance with Pa. Const. Art. I, § 3 and U.S. Const. amend. I.
(2) A religious denomination or sect, or a
					 body composed of members of a denomination, when the acts of the religious
					 denomination or sect constitute the practice or observance of religion under
					 Pa. Const. Art. I, § 3 and U.S. Const. amend. I.
(3) A committee of a church, meeting, mosque,
					 synagogue, temple or other congregation of religious believers in the handling,
					 transporting, preparing and disposition of deceased human bodies in accordance
					 with the practice or observance of religion under Pa. Const. Art. I, § 3
					 and U.S. Const. amend. I.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › STATEMENTS OF POLICY › Section 13.253 - Inspections-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
The following words and terms, when used in this
					 section, have the following meanings, unless the context clearly indicates
					 otherwise:
Board administrator
-An employee of the
						Bureau with responsibility to administer the business of the Board or another
						employee assigned to assist this person.
Citation
-A notice of a violation
						beginning disciplinary action issued under section 5(a) of the act of July 2,
						1993 (P. L. 345, No. 48) (63 P. S. §
													2205(a)) in accordance with
						Chapter 43b (relating to Commissioner of Professional and Occupational
						Affairs).
Closing inspection
-An inspection
						performed for the purpose of determining whether a licensed funeral
						establishment that has discontinued business, changed location or notified the
						Board of its intent to discontinue business or change location has complied
						with the act and this chapter.
Complaint
-A document filed with the
						Professional Compliance Office alleging one or more violations of the act or
						this chapter.
Follow-up inspection
-An inspection
						relating to a prior inspection in which the funeral establishment was
						determined to be in noncompliance with the act or this chapter. This inspection
						is conducted for the purpose of determining whether the noncompliant element of
						the establishment has been brought into compliance.
Inspection
-
(i) A visual examination, observation or view
					 of a funeral establishment by an agent of the Bureau of Enforcement and
					 Investigation, including an examination, observation or view of any of the
					 following:
(A) The buildings, fixtures,
					 equipment, implements and materials of the funeral establishment.
(B) Licenses of employees of the funeral
					 establishment.
(C) Documents, forms,
					 advertising and other records required by the act, this chapter or the
					 regulations of the Federal Trade Commission in 16 CFR Part 453 (relating to
					 funeral industry practices).
(D) 
					 Other matters that pertain to initial and continued licensure for the purpose
					 of determining a funeral establishment's compliance with licensure
					 requirements.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 13.302 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
(1) Under
					 23 Pa.C.S. §
													6311
					 (relating to persons required to report suspected child abuse), funeral
					 directors are considered mandated reporters. A mandated reporter shall make a
					 report of suspected child abuse in accordance with this section if the mandated
					 reporter has reasonable cause to suspect that a child is a victim of child
					 abuse under any of the following circumstances:
(i) The mandated reporter comes into contact
					 with the child in the course of employment, occupation and practice of the
					 profession or through a regularly scheduled program, activity or
					 service.
(ii) The mandated reporter
					 is directly responsible for the care, supervision, guidance or training of the
					 child, or is affiliated with an agency, institution, organization, school,
					 regularly established church or religious organization or other entity that is
					 directly responsible for the care, supervision, guidance or training of the
					 child.
(iii) A person makes a
					 specific disclosure to the mandated reporter that an identifiable child is the
					 victim of child abuse.
(iv) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 13.303 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A funeral director may take or cause to be taken
						photographs of the child who is subject to a report and, if clinically
						indicated, cause to be performed a radiological examination and other medical
						tests on the child. Medical summaries or reports of the photographs, X-rays and
						relevant medical tests taken shall be sent to the county children and youth
						social service agency at the time the written report is sent, or within 48
						hours after an electronic report is made under §
											13.302(c)(2)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and X-rays and may obtain
						them or duplicates of them upon request. Medical summaries or reports of the
						photographs, X-rays and relevant medical tests shall be made available to law
						enforcement officials in the course of investigating cases under
						23 Pa.C.S. §
												6490(a)(9) or
						(10) (relating to release of information in
						confidential reports).
The provisions of this §
													13.303 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 16
						  of the Funeral Director Law (63 P.S. §
														479.16); amended under section 16(a) of the
						  Funeral Director Law (63 P.S. §
														479.16(a)); and
						  23 Pa.C.S. §§
														6301-6388.
This section cited in 49 Pa. Code §
													13.301 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													13.305 (relating to immunity from
						  liability); 49 Pa. Code §
													13.306 (relating to
						  confidentiality-waived); and 49 Pa. Code § 13.307 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 13 - STATE BOARD OF FUNERAL DIRECTORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 13.304 - Suspected death as a result of child abuse-mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A funeral director who has reasonable cause to suspect
						that a child died as a result of child abuse shall report that suspicion to the
						coroner or medical examiner of the county where death occurred or, in the case
						where the child is transported to another county for medical treatment, to the
						coroner or medical examiner of the county where the injuries were
						sustained.
The provisions of this §
													13.304 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 16
						  of the Funeral Director Law (63 P.S. §
														479.16); amended under section 16(a) of the
						  Funeral Director Law (63 P.S. §
														479.16(a)); and
						  23 Pa.C.S. §§
														6301-6388.
This section cited in 49 Pa. Code §
													13.301 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													13.305 (relating to immunity from
						  liability); 49 Pa. Code §
													13.306 (relating to
						  confidentiality-waived); and 49 Pa. Code § 13.307 (relating to
						  noncompliance).