49 Pa. Code § 13.1

Current through Register Vol. 54, No. 24, June 15, 2024
Section 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.

49 Pa. Code § 13.1

The provisions of this § 13.1 adopted September 12, 1966; amended October 19, 1973, effective 10/20/1973, 3 Pa.B. 2392; amended November 11, 1977, effective 11/12/1977, 7 Pa.B. 3306; amended December 6, 1991, effective 12/7/1991, 21 Pa.B. 5645; amended March 11, 2005, effective 3/12/2005, 35 Pa.B. 1667; amended December 2, 2005, effective 12/3/2005, 35 Pa.B. 6523; amended May 25, 2007, effective 5/26/2007, 37 Pa.B. 2412.

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)).

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