Section 216-RICR-40-05-25.4 - Licensing Procedures25.4.1Qualifications of Funeral Directors/EmbalmersA. Requirements for Licensure 1. A funeral director/embalmer's license shall be issued only to an individual. No corporation, partnership, association, limited liability company or organization shall be entitled to obtain such a license.B. Qualifications for Licensure 1. In order to qualify for a funeral director/embalmer's license, the applicant must meet the requirements set forth in R.I. Gen. Laws § 5-33.2-6.C. Licensure By Endorsement 1. Any funeral director/embalmer who is currently licensed in good standing in another state may be licensed by endorsement in Rhode Island.2. Every funeral director/embalmer seeking such licensure by endorsement shall meet all of the requirements in §25.4.1(B) of this Part with the exception of completion of a registered funeral director/embalmer internship.3. Anyone licensed in another state prior to 1985 is hereby exempt from the National Board Examination requirements set forth in §25.4.1(B) of this Part.D. Armed Forces Embalming Experience1. Any person who has served in the armed forces of the United States may provide proof of embalming experience to the Department in accordance with the provisions set forth in R.I. Gen. Laws § 5-33.2-7.E. Unlicensed Practice: Unlicensed practice is prohibited in accordance with the provisions set forth in R.I. Gen. Laws § 5-33.2-4.25.4.2Burial Certificate PlanParticipation in burial certificate plans is in accordance with the provisions set forth in R.I. Gen. Laws § 5-33.2-8.
25.4.3Cemetery OperationsIneligibility of cemetery operators to conduct the business of funeral directing is pursuant to R.I. Gen. Laws § 5-33.2-9.
25.4.4Application and Renewal of LicenseA. Any person who desires to engage in embalming or funeral directing, or both, shall submit in writing to the Department, an application for a license together with the license fee set forth in the Fee Structure for Licensing, Laboratories and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).B. Expiration && Renewal of Licenses1. All licenses issued under the provisions of the Act and this Part shall be renewed annually. All licenses shall expire on the thirty-first (31st) day of December each year, unless previously suspended or revoked.C. Each licensee shall pay to the Department a yearly renewal fee as set forth in in the Fee Structure for Licensing, Laboratories and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) for the renewal of the funeral director/ embalmer's license. 1. Applications, accompanied by the renewal fee, shall be filed with the Department on or before the thirty-first (31st) day of December in each year. a. Renewal applications filed after the thirty-first (31st) day of December, must be accompanied by a late fee as set forth in the Fee Structure for Licensing, Laboratories and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) in addition to the renewal fee.2. Any funeral director/embalmer who acts or holds himself/herself out as such after his/her license has lapsed shall be subject to penalties as provided in this Part.D. Continuing Education Requirements 1. Every funeral director/embalmer shall be required to participate in a total of five (5) hours annually of continuing education training of which three (3) hours are mandated by annual OSHA training. a. Funeral directors/embalmers who were sixty-five (65) years of age or older and had forty (40) years of experience as of January 1, 2008 are exempt from these continuing education requirements.2. On application for renewal of license, a funeral director/embalmer shall attest to completion of five (5) hours annually in scope of practice-specific offerings that may include, but not be limited to: formal presentations, conferences, and/or self-study courses, such on-line courses. Such programs or offerings shall be approved or sponsored by a Board-approved organization.3. Two (2) of the five (5) hours of continuing education may be selected from programs or offerings sponsored or approved by the following organizations that are deemed to be approved by the Board:a. Rhode Island Funeral Directors Association (RIFDA);b. National Conference for Funeral Board Examiners;c. Academy of Professional Funeral Service Practice (APFSP); ord. Others as may be approved by the Board.4. It shall be the sole responsibility of the funeral director/embalmer to obtain documentation (e.g., course descriptions, proof of attendance) from the sponsoring organization, agency, or institution of his/her participation in a continuing education program and/or activity. These documents shall be retained by each licensee for no less than two (2) years and are subject to random audit by the Department.5. A licensee who fails to complete the continuing education requirements described in this Part may be subject to disciplinary action pursuant to R.I. Gen. Laws § 5-33.2-17.6. A license may be denied to any applicant who fails to provide satisfactory evidence of completion of continuing education relevant to the practice of a funeral director/embalmer as required by this Part.7. A funeral director/embalmer initially licensed by examination after the December 31st renewal date shall be exempt from the continuing education requirements stated in this Part until the date of the next renewal cycle (i.e., January 1st of the next year).8. An extension of time to complete the continuing education requirements may be granted to a funeral director/embalmer solely at the discretion of the Board for reasons of hardship or other extenuating circumstances.E. Display of Licenses 1. Every license issued as a funeral director/embalmer shall specify the name of the person to whom it was issued. It shall be displayed conspicuously in his/her place of business or employment and it shall not be transferable.25.4.5Funeral Director/Embalmer InternshipA. Interns must register with the Department before an internship shall begin. The provisions of internship are in accordance with R.I. Gen. Laws § 5-33.2-16.B. In addition to the internship provisions of R.I. Gen. Laws § 5-33.2-16, the following is required: 1. Prior to a practical state licensing embalming examination being administered by members of the Board in consultation with the funeral director/embalmer preceptor, a written consent to perform the state licensing embalming examination shall be obtained by the funeral director/embalmer preceptor from the decedent's next-of-kin or other person legally charged with the disposition of the human remains.2. A quarterly report shall be submitted to the Department summarizing the number of human remains embalmed by the intern during the most recent three (3) month period.C. The term of internship may be served before, after, or during attendance at mortuary school, at the option of the intern and the preceptor.D. The number of interns that a licensed funeral establishment is allowed to register and stipulations for embalming during the internship is set forth in R.I. Gen. Laws § 5-33.2-16(b).E. If more than one (1) intern is completing an internship with a funeral director/embalmer preceptor in accordance with R.I. Gen. Laws § 5-33.2-16(b), each intern shall be responsible for embalming no less than fifty (50) human remains; further, each set of human remains shall only be counted once towards the required total for each intern.F. Supervision of Interns 1. While an embalmer intern is working in the preparation room at a funeral service establishment, the funeral director/embalmer preceptor shall remain on-site in the preparation room at all times.216 R.I. Code R. § 216-RICR-40-05-25.4