Current through December 10, 2024
Rule 30-2401-4.2 - Types of Establishments(A) A Full-Service Establishment shall have the equipment for the conduct of embalming and funeral directing and shall comply with the federal Occupational Safety and Health Administration's regulations as they currently existed or as later revised. A Full-Service Establishment must contain the following: 1. A preparation room, along with all necessary equipment, in compliance with Section III below and all other local, state and federal laws, rules and regulations;2. Restrooms facilities in compliance with all applicable federal, state and local health requirements;3. Chapel or other separate room for conducting funeral services in compliance with Rule 4.5 hereof;4. Office space for making arrangements in accordance with Section V hereof; and5. Casket selection room.(B)(1) A Branch Funeral Establishment that does not meet all of the requirements in Section II(1) for a Full-Service Establishment must be within seventy-five (75) miles of the Full-Service Establishment and has the authority to conduct funeral arrangements, visitations and ceremonies only. A Branch Establishment shall contain a restroom and available drinking water. In addition, a Branch Establishment that conducts funeral arrangements must have an area where funeral ceremonies or visitations may be conducted and a separate area for confidential conferences to arrange funeral services. The license for a Branch Establishment is also dependent upon and shall be operated under the supervision and ownership of a Full-Service Funeral Establishment.
(2) If a Branch Establishment is more than seventy-five (75) miles from the Full-Service Establishment and/or engages in the care and preparation of the dead human body, it must meet the requirements of a Full-Service Establishment.(3)(a) A Mortuary Service Establishment shall have authority to embalm dead human bodies and to transport dead human bodies to and from a funeral establishment. A Mortuary Service Establishment is prohibited from the care and preparation of dead human bodies other than by embalming and shall also be prohibited from making funeral arrangements or embalming arrangements with any party other than a licensed funeral establishment designee, cremating, conducting visitations and funeral ceremonies, furnishing any funeral service in connection with the disposition of dead human bodies, and/or selling of funeral merchandise. Mortuary Service Establishments shall meet all requirements for a full service establishment, except that:
(b) Requirements. A Mortuary Service Establishment shall have a preparation room or embalming room meeting the requirements as set forth below in Rule 4.3.(c) Prohibition. A Mortuary Service Establishment is prohibited from maintaining a selection room.(C)Services limited to licensed funeral establishments. A Mortuary Service Establishment may provide its services only to licensed funeral establishments anywhere in the United States, or in any foreign country which licenses funeral service establishments.(D)Crematory. A crematory shall have authority to cremate dead human bodies and to transport dead human bodies to and from a funeral establishment. It must have a functioning cremation chamber meeting the requirements established by the Board. A Crematory is prohibited from the care and preparation of dead human bodies other than by cremating, and is also prohibited from embalming, making funeral arrangements or cremation arrangements with any party other than a licensed funeral establishment designee, conducting visitations and funeral ceremonies, furnishing any funeral service in connection with the disposition of dead human bodies or selling funeral merchandise.30 Miss. Code. R. 2401-4.2
Miss. Code Ann. §§ 73-11-49(7), 73-11-55 and 73-11-69 (Rev. 2012).