Section 216-RICR-40-05-25.5 - Licensing Procedures for Funeral Establishments25.5.1License RequirementsLicense requirements for funeral establishments and branch office(s) license requirements are in accordance with the provisions set forth in R.I. Gen. Laws § 5-33.2-12.
25.5.2License Application and Fees Applications for the funeral establishment license and branch office shall be made on forms furnished by the Department and shall be accompanied by the license 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).
25.5.3License RenewalsA. All licenses issued under the provisions of the Act and this Part must be renewed annually. The license holder shall pay a yearly renewal fee to the Department for the funeral establishment license and for each funeral establishment branch office license 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).B. All funeral establishment and branch office licenses shall expire on the thirty-first (31st) of December of each year, unless sooner suspended or revoked.C. 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.1. 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.D. Any funeral establishment or funeral establishment branch office that acts or holds itself out as such after its license has lapsed shall be subject to penalties as provided by the Act and this Part.25.5.4Display of LicensesA. Every license issued as a funeral establishment or branch office shall specify the name of the establishment as listed on the application. Licenses issued under the provisions of this Part shall not be assignable.B. Every funeral service establishment shall display the name of the establishment and of the funeral director of record on a sign readily visible to the public and located prominently on the premises.25.5.5Change of Ownership, Operation or LocationA. A license shall be issued to a specific licensee for a specific location and shall not be transferable.B. The funeral establishment licensee shall notify the Department in writing, delivered in person or by certified mail, within ten (10) days from the date of termination of employment, for any cause, of the funeral director/embalmer of record for the funeral establishment. 1. The license of the funeral establishment shall expire forty-five (45) days from the date the Department was notified by the licensee, if no new funeral director/ embalmer is registered with the Department.2. No funeral services shall be conducted at the funeral establishment without a funeral director/embalmer being registered with the Department as the funeral director of record for that funeral establishment.C. Two (2) licensed funeral directors may operate jointly at one (1) location if one of their existing funeral establishments closes its place of business and joins an existing licensed funeral establishment. Each firm will hold its own separate establishment license. The funeral service establishment that closes its place of business and joins an existing licensed funeral service establishment cannot open a branch office by invoking this section.D. Operation of an inherited funeral establishment is pursuant to R.I. Gen. Laws § 5-33.2-12(b).25.5.6General Operational RequirementsA. The practice of conducting funeral services shall be conducted in the presence of a licensed funeral director/embalmer.B. Human dead remains shall not be held more than forty-eight (48) hours without embalming or without refrigeration for the purpose of maintaining public health.C. A funeral establishment must, at a minimum, contain a preparation room equipped with tile, cement, or composition floor, necessary drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of dead human remains for burial, transportation, or other disposition.D. Medical Waste 1. Funeral establishments and branch offices shall be in compliance with applicable sections of R.I. Gen. Laws Chapter 23-19.12 and the Rhode Island Department of Environmental Management's Medical Waste Regulations (250-RICR- 140-15-1).E. Casket Rentals 1. When caskets are made available for rental on a temporary basis, the casket may later be re-used as long as the following provisions are met: a. Said caskets shall be manufactured specifically for multi-use purposes and shall be equipped with a removable liner or insert. No casket manufactured for a single use shall be used more than once;b. The removable liner or insert shall be completely removed and replaced with a new liner or insert after each use;c. No such casket shall be used or re-used after any non-removable portion of that casket has been soiled, stained, or otherwise contaminated by or from any human remains placed therein, or has been placed within a rental casket insert;d. The customer who rents or re-uses that casket shall be informed in writing, that the casket may have been used previously and that it will be reclaimed by the funeral establishment from which he or she has rented or obtained it immediately prior to the final disposition of the deceased; ande. Funeral directors/embalmers shall obtain written authorization from the next-of-kin, or other responsible party, attesting to the fact that the funeral merchandise provided has been previously used in whole or in part. The customer who rents or re-uses that casket shall also sign a written disclosure that he or she has received all of the above information in writing and that he or she authorizes the funeral establishment to use the removable liner or insert selected by him or her for the disposition of the deceased.F. Infection Control 1. Funeral directors/embalmers shall comply with the Occupational Safety and Health Administration's (OSHA) Blood borne Pathogen Standards incorporated by reference above at § 25.2(C) of this Part in order to protect themselves and their employees against occupational exposure to bloodborne pathogens. a. Compliance shall include, but not be limited to: (1) A written exposure control plan;(3) Engineering and work practice controls;(4) Adoption of universal precautions;(5) Personal protective equipment;(6) Hepatitis B vaccinations; and(7) A protocol for evaluation in the event that an exposure occurs.2. Funeral directors/embalmers shall comply with the most recent version of the World Health Organization's Infection Control Guidelines for Transmissible Spongiform Encephalopathies incorporated by reference above at § 25.2(A) of this Part in order to protect themselves and their employees from occupational exposure to blood borne pathogens.G. Permits 1. Requirements for permits are pursuant to R.I. Gen. Laws § 23-3-18.2. Fetal death registration requirements are pursuant to R.I. Gen. Laws § 23-3-17.H. Transport of Human Remains 1. Human remains to be transported by common carrier shall be embalmed. If embalming is not possible, or if the body is in a state of decomposition, it shall be transported only after enclosure in a strong, sealed outer case, to prevent seepage of body fluids to the outside.I. Proper Authority for Funeral Arrangements and Disposition of Human Remains 1. Every licensed funeral director/embalmer, licensed funeral establishment, licensed crematory, and cemetery shall comply with the rules with respect to proper authority for funeral arrangements and disposition of human remains in accordance with the provisions set forth in R.I. Gen. Laws § 5-33.2-24. In addition to these provisions: a. 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.J. Latex 1. Any licensed funeral directors/embalmers, funeral establishments, or cemeteries that utilize latex gloves shall do so in accordance with the provisions of the rules and regulations pertaining to Use of Latex Gloves by Health Care Workers in Licensed Health Care Facilities, and by Other Persons, Firms, or Corporations Licensed or Registered by the Department (Part 20-15-3 of this Title).K. Inspections 1. Any licensed funeral director/embalmer employed by the Department duly authorized and empowered may enter any funeral establishment, funeral establishment or branch office licensed under the provisions of this Part, during the hours the funeral establishment or funeral establishment branch office shall be open for business, for the purpose of inspecting the sanitary conditions, complaint investigations, and ascertaining if the provisions of this Part are being observed in the operation of the funeral establishment or funeral establishment branch office.2. Funeral establishments and branch offices licensed under the provisions of this Part shall be inspected at least once per year. Pre-need contracts shall be audited at least once per year.3. Inspections shall include all areas of sanitation and public health, complaint investigations, as well as conformity with applicable sections of the Act, and this Part.4. The inspector may request permission from the Department to be accompanied by another employee of the Department prior to an inspection. Failure or refusal of the person in charge of that funeral establishment or funeral establishment branch office to permit such inspection at all reasonable times shall be deemed sufficient cause for the revocation of any license issued to the funeral establishment or funeral establishment branch office and any certificate of approval issued by the Department.25.5.7Prohibition on Payments for Securing BusinessEvery funeral establishment, funeral director/embalmer, or the agent or representatives thereof, who violates the provisions of R.I. Gen. Laws § 5-33.2-14 shall be subject to the penalties as provided in the Act.
216 R.I. Code R. § 216-RICR-40-05-25.5