CHAPTER 13. STATE BOARD OF FUNERAL DIRECTORS

§ 13.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Funeral Director Law (63 P. S. § §  479.1—479.20) which regulates the licensure of persons and of corporations engaged in the preparation and disposition of the bodies of deceased persons.

   Board—The State Board of Funeral Directors of the Department of State of the Commonwealth.

   Bureau—The Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth.

   Commissioner—The Commissioner of Professional and Occupational Affairs of the Department of State of the Commonwealth.

   Funeral entity—A restricted business corporation, professional corporation, pre-1935 corporation, partnership, sole proprietorship, widow, widower or estate authorized by the Board to practice the profession of funeral director.

   Funeral establishment—A place or premise approved by the Board wherein a licensed funeral director conducts the professional practice of funeral directing, including the preparation, care and funeral services for the human dead.

   Hour of continuing education—Sixty minutes of actual instruction in an approved course of continuing education.

   Licensed funeral director—An individual who has met the educational requirements and passed the examinations required by the act.

   Limited license—A license issued by the Board that authorizes a person licensed to practice funeral directing in a reciprocal state to practice funeral directing in this Commonwealth in accordance with section 9(c) of the act (63 P. S. §  479.9(c)).

   Preceptor—A licensed funeral director under or with whom a resident intern is registered and operates.

   Premises—The property on which the funeral establishment is located which consists of a tract of land not intersected by a public highway or thoroughfare.

   Prepaid burial account—An account in which moneys are deposited by the funeral director during the lifetime of an individual in accordance with a contract executed between the parties for funeral merchandise and services to be performed and delivered at a future time.

   Prepaid burial contract—A contract executed between a consumer and a licensed funeral director which provides that the funeral director will provide funeral merchandise and render services to the consumer upon the consumer’s death or the death of another designated individual and for which the consumer pays to the funeral director moneys at the time of the contract or at a time prior to the rendition of these services.

   Profession—The aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as funeral directors licensed under the act.

   Reciprocal state—The District of Columbia or a state or territory of the United States of America whose agency that is authorized to license persons to practice the profession of funeral director in that jurisdiction has entered into an agreement with the Board under which persons licensed in that jurisdiction may receive a limited license in this Commonwealth.

   Restricted business corporation—A business corporation formed under 15 Pa.C.S. (relating to the Associations Code) and authorized under the act.

   Supervisor—A licensed funeral director employed on a full-time basis to supervise the professional activities of a licensed estate, widow, business corporation pre-1935 restricted business corporation, professional corporation or branch place of practice under any of the foregoing, as defined in the act.

   The provisions of this §  13.1 amended under sections 9(c), 10(b), 11(a)(5) and 16(a) of the Funeral Director Law (63 P. S. § §  479.9(c), 479.10(b), 479.11(a)(5) and 479.16(a)).

   The provisions of this §  13.1 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523; amended May 25, 2007, effective May 26, 2007, 37 Pa.B. 2412. Immediately preceding text appears at serial pages (315827) to (315829).

   Premises

   The definition of ‘‘premises’’ may properly be applied retroactively to the time of application for approval of a preparation room, especially since it merely codifies a long-standing interpretation of the statute which was in effect at the time of the application; the retroactive application does not result in an unconstitutional taking of property without compensation. Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).

   The definition of ‘‘premises’’ is not palpably unreasonable, since the Board is properly concerned about alleviating the trauma and disconcertment that will result if the public is continually subjected to the sight of human remains being transported across a public street on a stretcher; the regulation additionally reduces the likelihood of traffic congestion and avoids potential accidents involving dead bodies. Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).

   Preneed Agreement

   Prepaid burial contract or ‘‘preneed agreement,’’ which allowed customer to purchase merchandise and services to be rendered at the time of death, was not subject to rescission by customer; the agreement is defined as a contract under the Pennsylvania Code and customer designated the agreement to be irrevocable. Bean v. Department of State, 855 A.2d 148, 155 (Pa. Cmwlth. 2004)

   The provisions of this §  13.2 adopted January 30, 1976, effective January 31, 1976, 6 Pa.B. 159; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306.

LICENSURE

§ 13.11. General requirements.

 (a)  Persons engaging in the profession of a funeral director in this Commonwealth shall be licensed by the Board and by the Commissioner.

 (b)  To qualify as a candidate for the licensing examination, the applicant shall be 21 years of age or older, of good moral character and shall present satisfactory evidence to the Board that the applicant has satisfied the educational and training requirements of the act and this chapter.

 (c)  In addition to the educational and training requirements, an applicant for licensure in this Commonwealth shall pass a combined oral, practical and written examination. A limited exception will be the granting of a restricted license to estates, widow’s or widower’s of deceased funeral directors.

 Following is the schedule of fees charged by the Board:

   Initial registration for student trainee…$25
Annual registration for student trainee…$15
Initial registration for resident intern…$25
Initial registration for preceptor or change…$25
Initial license for funeral director…$25
Initial license for restricted business corporation,
 professional corporation, partnership or shared
 funeral establishment…$150
Initial license for estate or widow, sole
 proprietorship or branch office…$125
Initial registration for supervisor…$25
Change director or name on existing license
 without reinspection…$35
Address change with inspection…$125
Reinspection after failure…$85
Certification…$25
Verification of licensure or registration…$15
Biennial renewal…$185
Application for limited license…$35
Biennial renewal of limited license…$35
Application for continuing education course…$100
Application for continuing education provider…$100
Renewal of registration of continuing education
 provider…$50

   The provisions of this §  13.12 amended under sections 9(c), 10(b), 16(a) and 18.1 of the Funeral Director Law (63 P. S. § §  479.9(c), 479.10(b), 479.16(a) and 479.18.1); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

   The provisions of this §  13.12 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended December 28, 1979, effective December 29, 1979, 9 Pa.B. 4252; amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 1998; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5327; amended December 21, 1990, effective December 22, 1990, 20 Pa.B. 6267; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended January 17, 1992, effective January 18, 1992, and apply to the biennial renewal commencing February 2, 1992, 22 Pa.B. 272; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2825; amended December 8, 1995, effective December 9, 1995, and apply retroactively to examination fees charged on and after September 1, 1995, 25 Pa.B. 5584; amended January 25, 2002, effective January 26, 2002, 32 Pa.B. 423; amended January 2, 2004, effective January 3, 2004, 34 Pa.B. 39; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6523. Immediately preceding text appears at serial pages (311065) and (311066).

   The provisions of this §  13.13 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial pages (9625) to (9626).

STUDENT TRAINEE

§ 13.21. Qualification.

 (a)  To qualify as a student trainee, an applicant shall show evidence of high school graduation. Fulfillment of the college education requirement of subsection (b) is acceptable as evidence of high school graduation.

 (b)  At least 2 years of college credits in liberal arts is required. For purposes of this section, a minimum of 60 semester hours will constitute the equivalent of 2 years of college credit.

 (c)  An applicant, while attending an accredited college or university, shall file a declaration of the applicant’s intent to procure funeral service licensing and shall submit an application for a student trainee registration card renewable annually.

 To qualify as a student trainee, an applicant shall be accepted for matriculation at a mortuary college or a university or college specializing in mortuary subjects which has been approved by the American Board of Funeral Service Education, Inc., and the Board. This requirement shall be met after satisfying the college requirement set forth in §  13.23 (relating to college requirements), or by meeting the integrated course of study requirement set forth in §  13.24 (relating to coordinated course of study).

 To qualify as a student trainee, an applicant shall have completed at least 2 full years of college level credit in an institution of higher education which has the legally authorized approval of its own state department of education. For purposes of this section, a minimum of 60 semester hours will constitute the equivalent of 2 years of college credit. The earned credits shall be in areas of general education which are applicable to a liberal arts program. The applicant shall submit a transcript for evaluation by the Director of Credentials Evaluation of the Department of Education prior to being registered as a student trainee at an approved mortuary school with a 1-year course in mortuary science approved by the American Board of Funeral Service Education.

   The provisions of this §  13.23 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (154102).

 In lieu of the requirement of §  13.23 (relating to college requirements), an applicant shall be permitted to present evidence that the applicant has been accepted for matriculation at a college or university, with an accredited department of mortuary arts and sciences accredited by the American Board of Funeral Service Education.

   The provisions of this §  13.24 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (154102).

 An application may be obtained from the State Board of Funeral Directors, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649. An application in completed form, accompanied by the prescribed fee and photographs, shall be filed with the Board at least 30 days prior to commencement of matriculation at a school specializing in mortuary science. Upon request, the applicant shall appear before the Board for an interview and evaluation of the applicant’s qualifications. An approved application shall be valid for 1 year unless an applicant changes schools. If the applicant changes schools, the applicant shall immediately reapply for approval as a student trainee and pay another application fee. An approved application shall be noted by the Administrative Assistant to the Board in a separate register which shall contain, among other items, the date of the approval and the name of the school to be attended by the student trainee.

   The provisions of this §  13.25 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143279).

RESIDENT INTERN

§ 13.31. Qualifications.

 (a)  To qualify as a resident intern, an applicant shall present satisfactory evidence of having completed, as a student trainee, the requirements in §  13.23 or §  13.24 (relating to college requirements; and coordinated course of study), and of having entered into a preceptorial agreement with a qualified funeral director.

 (b)  A resident intern shall complete the resident intern training in a funeral establishment in this Commonwealth under the supervision of a qualified preceptor.

 To satisfy the professional education requirements, an applicant shall obtain a certificate of mortuary education from the school of mortuary science and a preprofessional certificate issued by the Department of Education. Evidence of satisfaction of preprofessional education and the executed certificate shall accompany the application for approval as a resident intern.

 A licensed and practicing funeral director in good standing with the Board may be registered as a preceptor for one resident intern for every 35 funerals completed in the year preceding the request.

 The application for approval as a resident intern shall be accompanied by the certificate of mortuary education, a preprofessional certificate, and a copy of the preceptorial agreement which has been executed by the applicant’s proposed preceptor. If the Board finds that the forms do not contain the necessary and proper information, the Board may schedule an informal conference to be attended by the applicant and the applicant’s prospective preceptor. This conference will provide the opportunity for the applicant to furnish the information required to expedite the approval process.

 A registered resident intern may not have other employment or attend a school of higher education if the employment training interferes with the resident intern training. Employment or attendance at a school shall be under written Board approval following an informal interview.

 By accepting the position of preceptor to a resident intern, a funeral director is required to fulfill the duties as set forth by the Board in this chapter, and failure to execute them may result in suspension or revocation of the license of the funeral director, or other disciplinary action or penalty authorized by the act.

 A preceptor shall be prepared to instruct a resident intern in the theory and practice of all aspects of funeral service, including the following:

   (1)  The laws of the Commonwealth which pertain to the profession, specifically to include the act, and this chapter.

   (2)  The complete theory of funeral directing services, including the following:

     (i)   Initial call details.

     (ii)   Embalming.

     (iii)   Cosmetizing of bodies.

     (iv)   Dressing of bodies.

     (v)   Directing funerals.

     (vi)   Selling of funeral service merchandise.

     (vii)   Recordkeeping.

     (viii)   Purchasing of necessary supplies.

     (ix)   Preparing death certificates and documents.

     (x)   Preparing applications for certain death benefits, such as Social Security, Veterans Administration, insurance companies and lodges.

     (xi)   Follow-up service to the family after the funeral service has been completed.

     (xii)   Counseling of families on the types of services and merchandise available.

     (xiii)   Instruction of prepaid burial accounts.

     (xiv)   Professional responsibilities.

   The provisions of this §  13.38 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (143281) to (143282).

 (a)  A funeral director registered as preceptor for training a resident intern, and the resident intern shall notify the Board of the termination or temporary discontinuance of the supervision of the training of the intern. The Board will thereupon take action it deems proper.

 (b)  Interruption of the resident intern training period for 30 days or more shall require the resident intern training period to start anew.

   The provisions of this §  13.45 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial page (9631).

REQUIREMENTS OF RESIDENT INTERN DURING
PRECEPTORIAL PERIOD

§ 13.51. Length of resident intern training.

 A resident intern shall complete 12 full continuous months in that capacity. An intern shall work a minimum of 40 hours per week.

 During the resident intern training period, a resident intern shall complete the details required in §  13.38(2) (relating to instruction) on a minimum of 35 deceased individuals, 1 year of age or older, under the supervision of the intern’s preceptor and shall maintain a case history of each deceased individual as set forth in §  13.63 (relating to verification of case requirements). These requirements may be fulfilled at any establishment so long as a licensed funeral director of that establishment certifies the work of the intern and is registered as a preceptor.

   The provisions of this §  13.52 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (145912).

 The intern shall be present at a minimum of 35 complete funeral transactions from initial call details to the interment and follow-up services. This includes the items in §  13.38(2) (relating to instruction).

   The provisions of this §  13.53 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (145912).

 An intern shall give notice of resignation to his preceptor in writing with a copy of the notice to the Board.

   The provisions of this §  13.56 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial pages (9635) to (9636).

APPLICATION FOR EXAMINATION

§ 13.61. Form.

 An application for examination shall be upon the form furnished by the Board. The application in completed form accompanied by the required fee and photograph shall be filed with the professional testing agency authorized by the Bureau at least 30 days prior to the date of examination.

 One unmounted finished photograph, not a proof, 2 inches by 2 inches, with clear facial features, of each candidate shall be submitted with the application. This photograph will be numbered with the examination number of the candidate and will be returned to the candidate with a card of admission to the examination. Each candidate shall bring the photograph, so numbered, and the admission card to the examination, and the photograph shall be openly displayed where the candidate takes the examination. If a candidate loses the photograph and admission card, an additional copy of the candidate’s photograph shall be forwarded immediately to the Board office. The appropriate number will be affixed and the photograph and a duplicate admission card will be returned to the candidate for use at the examination. A candidate will be furnished with an admission letter for the examination which will contain the candidate’s identification number and information pertaining to the date and place of the examination. A candidate shall bring the letter containing the identification number when registering for the examination.

 An intern is required to maintain a case history of each case as specified in §  13.52 (relating to minimum cases) which shall be presented at the request of the Board. There shall be at least 35 case histories, and these case histories shall be obtained by working under a licensed funeral director who is registered with the Board as a preceptor. The Board shall be advised in advance of the intent to use a second preceptor to complete the case histories. The case histories shall show that each deceased person was arterially embalmed. The case history shall also show that the deceased person was 1 year of age or older and shall include the following information:

   (1)  The name of the deceased person.

   (2)  The residence.

   (3)  The age.

   (4)  The place of the death.

   (5)  The date of the death.

   (6)  The place of the interment or cremation.

   (7)  The name of the funeral director.

   (8)  The name of the physician or coroner who signed the death certificate.

   (9)  The place of the funeral.

   The provisions of this §  13.63 adopted September 12, 1966; amended October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (12917).

 The application for examination shall include an affidavit of the preceptor indicating that the resident intern training period of the student was properly served, that the preceptor supervised the completion of the requirements of § §  13.52 and 13.53 (relating to minimum cases; and presence at complete funeral transaction), and that the student completed the details required in §  13.38(2) (relating to instruction) on a minimum of 35 deceased individuals.

 A preceptor who falsifies an affidavit on a resident intern may, after due notice and hearing, be subject to licensure revocation or suspension for a period of time to be determined by the Board.

 (a)  A preceptor who refuses to furnish a resident intern with the affidavit of completion of full or part-time service shall immediately submit to the Board a statement as to the reason for the refusal. If the information is not furnished or if there appears to be no proper basis for the refusal, the Board may, after due notice and hearing, take disciplinary action against the license of the preceptor.

 (b)  If a preceptor refuses to furnish the required affidavit, an applicant may submit with the application a statement that the preceptor refused to honor the applicant’s request for an affidavit, and an affidavit from another licensed funeral director who has personal knowledge of the applicant’s resident intern training containing the same information that is required in connection with an affidavit of a preceptor.

   The provisions of this §  13.69 adopted September 12, 1966; reserved October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial pages (9642) to (9643).

EXAMINATION

§ 13.71. Examination requirements.

 To qualify for licensure, an applicant shall successfully complete the following examinations:

   (1)  The National Board Examination prepared and administered by the Conference of Funeral Service Examining Boards.

   (2)  Written and oral examinations on the clinical practice of funeral directing, the act and this chapter, prepared and administered by a qualified and approved professional testing organization authorized by the Bureau. These examinations will be offered twice yearly.

 An applicant may take the examination prior to the completion of the internship. An applicant who is examined under this section and who passes the examination will not be issued a funeral director license until documentation evidencing completion by the applicant of the resident intern training requirement is received by the Board or its designee.

 Each section of the examination will be graded independently. To be eligible for licensure, an applicant shall attain a passing score as recommended by the professional testing agency authorized by the Bureau.

   The provisions of this §  13.73 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143289).

 Upon notice of failure of a section of the examination as specified in §  13.73 (relating to passing grade), the applicant of this title shall be required to retake and pass that section of the examination in which the failure occurred in order to qualify for licensure.

   The provisions of this §  13.75 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143289).

LICENSURE OF A FUNERAL DIRECTOR FROM ANOTHER STATE

§ 13.77. Limited license.

 (a)  A person licensed by a reciprocal state to practice the profession of funeral director who seeks a limited license shall apply to the Board on a form provided by the Board, including:

     (i)   An original certification from the reciprocal state that the applicant is licensed as a funeral director in that jurisdiction and is in good standing.

     (ii)   The fee prescribed by §  13.12 (relating to fees).

 (b)  A limited license shall be subject to biennial renewal.

 (c)  A limited license shall become inactive upon the revocation, suspension, placement upon inactive status, or other lapse of the holder’s license in the reciprocal state. Unless a limited license is otherwise suspended or revoked, the Board may reinstate the limited license to active status upon proof that the holder’s license in the reciprocal state is no longer revoked, suspended, placed on inactive status, or otherwise lapsed.

 (d)  The Board may take disciplinary action against the holder of a limited license for any unprofessional conduct that occurs within this Commonwealth. The Board will report to the reciprocal state any disciplinary action taken against the holder of a limited license.

   The provisions of this §  13.77 issued under sections 9(a) and 16(a) of the Funeral Director Law (63 P. S. § §  479.9(c) and 479.16(a)).

   The provisions of this §  13.77 adopted March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667.

EFFECT OF LICENSURE DESIGNATIONS

§ 13.81. Designations.

 Each funeral director license shall designate the name of the licensee and a place where the licensee may practice.

 A funeral director may practice only at a funeral establishment designated in the director’s license to practice funeral directing unless the funeral director also possesses a branch office license.

 Business conducted by a funeral establishment shall be conducted under the name appearing in the license of the funeral director unless an establishment is operated under partnership operation and control, in which case it shall be conducted under the names of all of the partners involved. A corporation shall conduct its business under the corporate name and the name of the supervisor shall appear on all forms of advertising.

   The provisions of this §  13.83 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143290).

 A sole proprietorship or partnership may be conducted under the name of a predecessor funeral establishment if the name of the owner or partners appear as operator on all signs, forms and advertising. In the case of restricted business corporations or professional corporations, the names of these corporations may be the name of a predecessor funeral establishment.

   The provisions of this §  13.84 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143291).

   The provisions of this §  13.86 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143291).

FUNERAL ESTABLISHMENTS

§ 13.91. Approval of a funeral establishment.

 (a)  A person applying for approval from the Board to own or operate a funeral establishment, a branch funeral establishment, a partnership, a restricted business corporation or a professional corporation, shall submit the necessary applications on forms provided by the Board. Material accompanying the application shall include: the required fee, a statement that the applicant has the right to occupy the premises, a letterhead, a statement of funeral goods and services for both at-need and preneed, a verification of telephone listing, an inspection report within 12 months of the date of application, an approval form furnished by the Board, a listing of existing prepaid burial contracts that will be assumed by the buyer bearing the signature of the buyer and the seller of the property, or, in the alternative, a document whereby the buyer expressly refuses to assume any or all of the existing prepaid burial contracts.

 (b)  A buyer of a funeral establishment who assumes the existing prepaid burial contracts of the seller shall, within 30 days of settlement, submit written notification of the transfer to the purchasers of the prepaid burial contracts and forward a specimen copy of the notification to the Board.

   The provisions of this §  13.91 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143292).

 A funeral establishment, in addition to conforming with the safety requirements of the Commonwealth and of local authorities, shall contain the following:

   (1)  A preparation room for the preparation of human remains.

   (2)  A proper area or room for the reposing of human remains.

   (3)  Restroom facilities.

   The provisions of this §  13.94 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

   This section cited in 49 Pa. Code §  13.112 (relating to branch facility requirements).

SHARED PHYSICAL ESTABLISHMENT OR
PARTNERSHIP BUSINESS

§ 13.101. [Reserved].

 Two or more funeral directors may conduct separate businesses at the same physical establishment if each business separately maintains its owns books, records, advertising, signs and all other types and kinds of business operations. This method of operation shall be subject to Board approval.

   The provisions of this §  13.103 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143293).

 Licensees desiring to conduct separate businesses at the same physical establishment shall give 60 days advance notice of their intention to the Board, accompanied by a certified copy of the agreement under which the licensees intend to conduct their respective businesses. Changes to the agreement during its lifetime shall be reported to the Board by filing a certified copy of the agreement, as amended. Provisions of the agreement relating to financial consideration may be omitted or whited out, as these provisions do not concern the Board.

 (a)  Partnerships shall be licensed. A license will be issued in the names of the licensed partners as specified in the partnership agreement. A copy of the partnership agreement shall accompany the application for a partnership license and include the address of the principal place of business where the partnership will be conducted as well as the address of the branch location, if applicable. Provisions of the agreement relating to financial consideration may be deleted or whited out, as these provisions do not concern the Board.

 (b)  Changes in the partnership, the name of the partnership or the location of the business shall be reported to the Board within 30 days of the change.

 To obtain a partnership license, an application shall be submitted to the Board with the proper fee. In addition to a copy of the properly executed partnership agreement, forms necessary for approval of a funeral establishment shall accompany the application.

   The provisions of this §  13.110 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

BRANCH OFFICE LICENSE

§ 13.111. Application for branch license.

 To obtain a branch license, a licensee shall submit to the Board an application for a branch license, together with forms necessary for approval of a funeral establishment, as set forth in §  13.91 (relating to approval of a funeral establishment).

 A branch place of practice shall have the same facilities as a principal place of business, as set forth in section 7 of the act (63 P. S. §  479.7), and §  13.94 (relating to requirements for funeral establishments).

 (a)  Each branch place of practice shall have a currently licensed funeral director, in good standing with the Board, assigned as supervisor. The supervisor shall supervise all operations of the branch and abide by the act and this chapter and may not be the same licensee who is in charge of the principal place of business.

 (b)  The licensed funeral director acting as supervisor of a branch place of practice may do embalmings and funeral directing for other establishments on a part-time basis, if the licensee’s outside employment does not conflict with duties and obligations to the primary employer.

 (c)  A funeral establishment operated as a sole proprietorship in this Commonwealth shall be registered as such with the Board. If a licensee who operates an establishment as a sole proprietor purchases a branch place of business and desires to serve as a supervisor of the branch, the licensee shall apply to the Board in accordance with §  13.118 (relating to registration of a branch supervisor). Another licensed funeral director shall be employed to operate the principal place of business and shall be registered as a supervisor with the Board.

   The provisions of this §  13.113 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156407).

 Letterheads, bill heads, statements of funeral goods and services, and advertising shall show the name and address of the principal place of business, the address of the branch operation and the name of the permanent supervisor, if applicable.

 The owner of a branch place of practice desiring to register a licensed funeral director to act as a permanently assigned supervisor shall apply for registration on forms obtained from the Board. The owner or an authorized representative and the proposed supervisor may be required to appear before the Board for an informal conference if the application does not provide the required information for registration. This conference will provide the owner with the opportunity to present to the Board the information necessary to expedite the approval process.

   The provisions of this §  13.118 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156408).

 A license to operate a branch funeral establishment terminates with the discontinuance of the principal place of business of a licensed funeral director. If a funeral director discontinues the principal place of business but not the branch funeral establishment, the branch office license shall be cancelled and the license of the funeral director amended to show the address of the former branch establishment as the principal place of business.

   The provisions of this §  13.120 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

PRE-1935 BUSINESS CORPORATION LICENSES

§ 13.121. Pre-1935 business corporation licenses.

 Only existing pre-1935 business corporation licenses and pre-1935 branch licenses will be renewed and no original licenses will be issued to the corporations.

 (a)  A pre-1935 business corporation which has been licensed to practice funeral directing shall have a licensed funeral director, in good standing with the Board, to be the full-time permanent supervisor.

 (b)  The permanent supervisor, shall be readily accessible to serve the public at the funeral establishment.

   The provisions of this §  13.122 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156409) to (156410).

 A pre-1935 business corporation desiring to register permanent supervisors shall apply to the Board on the prescribed form. An authorized representative of the corporation and the proposed permanent supervisor may be required to appear before the Board for a registration conference, if the registration application does not provide the information required to complete the application. This conference will provide these persons an opportunity to provide the Board with the required information, to expedite the approval process.

   The provisions of this §  13.125 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254. Immediately preceding text appears at serial page (34189).

PROFESSIONAL CORPORATIONS

§ 13.131. Generally.

 Under 15 Pa.C.S. Chapter 29 (relating to professional corporations), funeral directors may form professional corporations as defined in 15 Pa.C.S. Chapter 29, the act and this chapter and shall be licensed by the Board.

   The provisions of this §  13.131 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156410) to (156411).

   Insurance of Licenses

   In determining whether to issue a license the Board has no authority or power to consider issues regarding partnership agreements not raised by the parties privy to the contract. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

 Shares of a professional corporation of funeral directors may be issued only to persons who are licensed funeral directors under the laws of the Commonwealth.

 The name of the professional corporation shall be that of one or more of the licensed shareholders or the name of a predecessor funeral establishment. This name may continue for the life of the corporation or may be changed to that of one or more of the living licensed shareholders.

 A professional corporation of funeral directors may not incorporate with other professions.

 A licensed funeral director who obtains a professional corporation license or holds shares in a professional corporation may not have stock or a proprietary interest in another funeral establishment except a branch establishment. A licensed funeral director who owned shares in more than one professional corporation prior to February 1, 1977 may maintain ownership of these shares and these corporations may be licensed.

   The provisions of this §  13.140 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12926).

RESTRICTED BUSINESS CORPORATION LICENSES

§ 13.141. Introduction.

 Under the act and 15 Pa.C.S. (relating to the Associations Code), funeral directors may form a restricted business corporation as defined in 15 Pa.C.S. and this chapter.

 Before filing articles of incorporation with the Corporation Bureau of the Department of State, the licensee shall secure Board approval of the name and provide certification that the incorporators are licensed funeral directors. The name of the restricted business corporation shall be the name or the last name of one or more of the licensed shareholders or the name of the predecessor funeral establishment.

 (a)  To obtain a license for a restricted business corporation, the licensee shall submit an application to the Board on a form provided by the Board.

 (b)  With the application the following shall be submitted:

   (1)  A time stamped or certified copy of the original articles of incorporation showing that they have been filed in the Corporation Bureau of the Department of State, and showing the date of the filing.

   (2)  A copy of the Board’s letter approving the name.

   (3)  A certified statement setting forth:

     (i)   The names of the shareholders.

     (ii)   The number and class of shares held by each shareholder.

     (iii)   The relationship of the shareholders to the licensed funeral director.

 (a)  A restricted business corporation which has been licensed by the Board to practice funeral directing shall have a licensed funeral director, in good standing with the Board, to be the permanently assigned supervisor.

 (b)  The permanently assigned supervisor shall devote full time to the business which he is supervising and may not conduct an establishment of his own or supervise another funeral establishment. The permanently assigned supervisor may not associate in any manner with another funeral establishment or be engaged in another business, occupation or other activity to the extent that this association interferes with or prevents the permanent supervisor from fulfilling the supervisory duties.

   The provisions of this §  13.144 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156414).

   The provisions of this §  13.145 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 2306; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254. Immediately preceding text appears at serial page (34192).

WIDOW, WIDOWER AND ESTATE LICENSES

§ 13.151. Issuance of license.

 (a)  Upon the death of a licensee, the Board will issue a license and renewal thereof to the estate of the deceased for a period not to exceed 3 years, or to the widow or widower of the deceased, without time limitation, if the widow or widower remains unmarried and that written notice of intent to continue practice is given to the Board by the estate or widow or widower of the deceased in accordance with §  13.152 (relating to application).

 (b)  The widow, widower or the estate of a deceased funeral director is permitted to succeed to the interest of the deceased funeral director in a funeral establishment and shall receive a restricted funeral license for that purpose.

   The provisions of this §  13.151 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156414) to (156415).

   Restricting the issuance of licenses to situations where substantial harm would be worked on the consumer if a license were not issued is contrary to the provisions of 49 Pa. Code §  13.151 (relating to restriction) and is in conflict with the intent of the Legislature in authorizing the grant of such licenses. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).

 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.

   The provisions of this §  13.152 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (156415).

 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.

 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.

   The provisions of this §  13.155 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial pages (156415) to (156416).

 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.

 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.

 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.

 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.

 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.

 (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.

 Holders of widow’s, widower’s or estate licenses are not considered to be licensed funeral directors under the laws of the Commonwealth.

   The provisions of this §  13.165 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12929).

PREPARATION ROOM

§ 13.171. General requirement.

 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).

   The provisions of this §  13.171 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding text appears at serial page (12929).

   Multiple Preparation Rooms

   Although the provisions of 49 Pa. Code §  13.171 allow more than one preparation room, none can be separated from the funeral establishment by a public highway or thoroughfare without violating the definition of ‘‘premises’’ contained in 49 Pa. Code §  13.1 (relating to general requirement). Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).

 (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.

 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.

 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