GENERAL PROVISIONS


§ 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.

Authority

   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)).

Source

   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).

Notes of Decisions

   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); appeal denied 888 A.2d 479 (Pa. 2005).

Cross References

   This section cited in 49 Pa. Code §  13.251 (relating to funeral supervisors and funeral directors on active duty—statement of policy).



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