216-40-05 R.I. Code R. § 25.3

Current through June 20, 2024

Section 216-RICR-40-05-25.3 - Definitions

A. Whenever used in these rules and regulations, the following terms shall be construed as follows:

1. "Act" means R.I. Gen. Laws Chapter 5-33.2 entitled, "Funeral Director/Embalmer Funeral Service Establishments".

2. "Alternative container" means a receptacle, other than a casket, in which human remains are transported to the crematory and placed in the cremation chamber for cremation. An alternative container shall be:

a. Composed of readily combustible materials suitable for cremation;

b. Able to be closed in order to provide a complete covering for the human remains that is resistant to leakage or spillage;

c. Rigid enough for handling with ease; and

d. Able to provide protection for the health, safety, and personal integrity of crematory personnel.

3. "Authorizing agent" means a person legally entitled to authorize the cremation of human remains.

4. "Board" means the State Board of Funeral Directors/Embalmers.

5. "Body parts" means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or any portion of bodies that have been donated to science for medical research purposes.

6. "Burial transit permit" means a permit for disposition of a dead human body as required by state legal requirements.

7. "Casket" means a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric and which may or may not be combustible.

8. "Cremated remains" means all remains of the cremated human body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions, and which may possibly include the residue of any foreign matter including casket material, bridgework, or eyeglasses, that were cremated with the human remains.

9. "Cremation" means a two (2) part procedure whereby a dead human body or body parts are reduced by direct flame to residue which includes bone fragments and the pulverization of said bone fragments to coarse powdery consistency.

10. "Cremation authority" means the legal entity or the authorized representative of the legal entity which is licensed by the state to operate a crematory and perform cremation.

11. "Cremation chamber" means the enclosed space within which the cremation takes place. Cremation chambers subject to this Part shall be used exclusively for the cremation of human remains.

12. "Cremation container" means a container in which human remains are transported to the crematory and placed in the cremation chamber for a cremation. A cremation container should meet substantially all of the following standards:

a. Be composed of readily combustible material suitable for cremation;

b. Be able to be closed in order to provide a complete covering for the human remains;

c. Be resistant to leakage or spillage;

d. Be rigid enough for handling with ease; and

e. Be able to provide protection for the health, safety and personal integrity of crematory personnel.

13. "Department" means the Rhode Island Department of Health.

14. "Director" means the Director of the Rhode Island Department of Health.

15. "Domestic partner" means a person who, prior to the decedent's death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:

a. Both partners were at least eighteen (18) years of age and were mentally competent to contract;

b. Neither partner is married to anyone else;

c. Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;

d. Partners resided together and had resided together for at least one (1) year at the time of death; and

e. Partners were financially interdependent as evidenced by at least two (2) of the following:

(1) Domestic partnership agreement or relationship contract;

(2) Joint mortgage or joint ownership of primary residence;

(3) Two (2) of the following:

(AA) Joint ownership of motor vehicle;

(BB) Joint checking account;

(CC) Joint credit account;

(DD) Joint lease; and/or

(4) The domestic partner had been designated as a beneficiary for the decedent's will, retirement contract or life insurance.

16. "Embalmer" means any person who has completed:

a. An internship;

b. Full course of study at an accredited mortuary science school;

c. Has passed the national board examination and the practical examination administered by the Board; and

d. Is engaged in the practice or profession of embalming, as defined by this Part.

17. "Embalming" means the practice, science or profession of preserving, disinfecting, and preparing in any manner, dead human bodies for burial, cremation or transportation.

18. "Funeral" means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased, including cremated remains, present.

19. "Funeral directing" means:

a. Conducting funeral services; or

b. The arrangement for disposition of dead human bodies, except in the case of any religion where the preparation of the body or the provision of funeral services should be done according to religious custom or belief;

c. Only funeral directors/embalmers, working for a licensed funeral establishment, shall be allowed to meet with families for the purpose of arranging funerals.

d. Any person who assumed an ownership interest from one's spouse or any widow or widower of a licensed funeral director who, as of November 1, 1995, has been meeting with families to arrange for the conducting of funeral services shall be allowed to continue this practice.

20. "Funeral director/embalmer" means any person engaged, or holding himself or herself out as engaged in the practice, or profession of funeral directing, and the science, practice or profession of embalming as defined by this Part, including a funeral director of record, who may be a funeral director at more than one (1) establishment or any other word or title intending to imply or designate him or her as a funeral director/embalmer, undertaker, or mortician. The holder of this license must be the holder of an embalmer's license.

21. "Funeral director/embalmer intern" means any person engaged in learning the practice or profession of funeral directing and the science, practice or profession of embalming under the instruction and supervision of a funeral director/embalmer licensed and registered under the provisions of the Act, and actively engaged in the practice, or profession of funeral directing and embalming in Rhode Island.

22. "Funeral establishment" means a fixed place, establishment or premises, licensed by the Department, devoted to the activities which are incident, convenient, or related to the care and preparation, arrangement, financial and otherwise, for the funeral, transportation, burial or other disposition of human dead bodies and including, but not limited to, a suitable room with all instruments and supplies used for the storage and/or preparation of dead human bodies for burial or other disposition.

23. "Funeral merchandise" means those items which are normally presented for sale as part of the funeral home operation on a for-profit basis. These items include: caskets, sealed warranted outer burial containers and burial clothing. Items not included are urns, grave markers, and non-sealed outer burial containers. All persons engaged in the sale of funeral merchandise must comply with the provisions of R.I. Gen. Laws Chapter 5-33.1.

24. "Funeral planning agent" means a person who is at least eighteen (18) years of age, who has been duly and lawfully designated, and who has accepted the designation, to act for the principal, and who has authority and responsibility to make all arrangements, regarding funeral preparation, planning, the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted, burial, and/or the disposition of the principal's remains, including cremation, upon the death of the principal. Duly and lawful designations shall include, but not be limited to, a legally binding will and, for those serving in the armed forces of the United States, a Department of Defense Record of Emergency Data (DD Form 93), or its successor. The funeral planning agent may be a relative or a non- relative of the principal, except as otherwise provided for in R.I. Gen. Laws § 5-33.3-3(d).

25. "Holding facility" means an area within or adjacent to the crematory facility designated for the retention of human remains prior to cremation that shall:

a. Comply with any applicable health law;

b. Preserve the dignity of the human remains;

c. Recognize the integrity, health and safety of the crematory authority personnel operating the crematory; and

d. Be secure from access by anyone other than authorized personnel.

26. "Person" means individuals, partnerships, corporations, limited liability companies, associations and organizations of all kinds.

27. "Practice of funeral service" means a person engaging in:

a. Providing shelter, care and custody of human dead remains;

b. The practice of preparing of the human dead remains by embalming or other methods for burial or other disposition;

c. Entering into a funeral service contract; and

d. Engaging in the functions of funeral directing and/or embalming, as presently known, including those stipulated in the Act, and as defined in the Federal Trade Commission's "funeral rule" incorporated by reference above at § 25.2(A) of this Part.

28. "Niche" means a compartment or cubicle for the memorialization or permanent placement of a temporary container or urn containing cremated remains.

29. "OSHA" means the federal Occupational Safety and Health Administration.

30. "Processing" means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual means.

31. "Pulverization" means the reduction of identifiable bone fragments after the completion of the cremation and processing to granulated particles by manual or mechanical means.

32. "Rental casket" means a casket that may be re-used in accordance with this Part.

33. "Temporary container" means a temporary container that is a receptacle for cremated remains usually made of cardboard, plastic, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired.

34. "Urn" means a receptacle designed to permanently encase the cremated remains.

216 R.I. Code R. § 216-RICR-40-05-25.3