N.J. Admin. Code § 13:36-4.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:36-4.9 - Participation of unlicensed persons

(a) No unlicensed person shall actively participate in any capacity in the actual funeral arrangements, preservation or disposal of dead human bodies, except that interns may participate in such activities pursuant to the provisions of N.J.S.A. 45:7-47.

(b) No unlicensed person shall actively participate in any capacity in the actual preparation of dead human bodies except for the following:

1. Interns;

2. Persons who perform religious and/or ritual preparations; and

3. Unlicensed persons who perform tasks on behalf of the registered mortuary for which a license is not required.

(c) A registered mortuary shall retain professional responsibility for all activities conducted by any unlicensed person participating in the preparation of dead human bodies pursuant to (b) above, and shall ensure that such persons utilize universal precautions as set forth in N.J.A.C. 13:36-6.4 and comply with all applicable Board rules.

(d) The use by an unlicensed person of the words "mortician," "funeral director," "undertaker," or any other words or title of the like import or significance, including, but not limited to, "consultant," "counselor" or "provider" in connection with the offering of any funeral services or merchandise, shall constitute unlicensed practice pursuant to N.J.S.A. 45:7-47.

N.J. Admin. Code § 13:36-4.9

Amended by R.1984 d.341, effective 8/6/1984.
See: 16 N.J.R. 505(a), 16 N.J.R. 2143(b).
Deleted text "financially interested in the corporation in any manner whatsoever".
Amended by R.1994 d.523, effective 10/17/1994.
See: 26 N.J.R. 2536(a), 26 N.J.R. 4201(a).
Amended by R.1999 d.355, effective 10/18/1999.
See: 31 N.J.R. 2133(a), 31 N.J.R. 3126(a).
Rewrote (a); inserted a new (b); and recodified former (b) as (c), and substituted a reference to unlicensed practices for a reference to deceptive practices.
Amended by R.2005 d.100, effective 4/4/2005.
See: 36 N.J.R. 4651(a), 37 N.J.R. 1036(b).
In (a) and (b)1, substituted references to interns for references to duly registered interns.
Amended by R.2011 d.229, effective 9/6/2011.
See: 42 N.J.R. 1674(a), 43 N.J.R. 2360(a).
Added new (c); and recodified former (c) as (d).