Section 73-11-41 - [Repealed Effective 7/1/2025] DefinitionsThe following terms shall have the meanings ascribed herein unless the context shall otherwise require:
(a) "Alternative container" is an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed wood, composition materials (with or without an outside covering) or like materials.(b) "Board" means the State Board of Funeral Service of the State of Mississippi as created by Section 73-11-43, or any successor thereof.(c) "Branch establishment" means an auxiliary facility or division of a main funeral establishment licensed under this chapter that is within seventy-five (75) miles of the main facility.(d) "Casket" is defined as a rigid container that is designed for the encasement of human remains and that is usually constructed of wood, metal, fiberglass, plastic or like material and ornamented and lined with fabric which may or may not be combustible.(e) "Cremation" means a two-part procedure whereby a dead human body or body parts shall be reduced by direct flame to residue which includes bone fragments and the pulverization of said bone fragments to coarse powdery consistency.(f) "Crematory" is defined as any person, partnership or corporation that performs cremation. A crematory must comply with any applicable public health laws and rules and must contain the equipment and meet all of the standards established by the rules and regulations adopted by the board.(g) "Certified crematory operator" means an individual who has completed the certification program as approved by the board.(h) "Crematory operator" means the legal entity that operates a crematory and performs cremations.(i) "Direct cremation" means a disposition of human remains by cremation without formal viewing, visitation or ceremony with the body present.(j) "Embalming" means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.(k) "First call" means the beginning of the relationship between the consumer and the licensed funeral director, funeral service practitioner and/or funeral establishment to take charge of a dead human body and/or have the body prepared for burial or disposition by embalming, cremation or another method.(l) "Funeral establishment" means a fixed place or premise duly licensed by the board that is devoted to or used in the immediate post-death activities of custody, shelter, care, preparation and/or embalming for final disposition of the body; or used for religious services or other rites or ceremonies associated with the final disposition of the human dead; or maintained or held out to the public by advertising or otherwise as such, for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the profession of funeral service and/or funeral directing.(m) "Licensee" means a person or entity who holds a license issued by the board.(n) "License for funeral establishment" means a license issued to a place or premise devoted to or used in the immediate post-death activities of transportation, custody, shelter, care, preparation and/or embalming for final disposition of the body; or used for religious services or other rites or ceremonies associated with the final disposition of human dead; or maintained for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the profession of funeral service and/or funeral directing.(o) "License for the practice of funeral directing" means the license given to a person engaging in the "practice of funeral service" who is not engaged in the practice of embalming.(p) "License for the practice of funeral service" means the license given to a person engaging in the "practice of funeral service," including the practice of embalming.(q) "Practice of funeral service" means:(i) Providing shelter, care and custody of the human dead;(ii) Conducting immediate post-death activities;(iii) Preparing of the human dead by embalming or other methods for burial or other disposition;(iv) Being responsible for the transportation of the human dead, bereaved relatives and friends;(v) Making arrangements, financial or otherwise, for the providing of such services;(vi) The sale of funeral merchandise; or(vii) The practice or performance of any function of funeral directing and/or embalming as presently known, including those stipulated herein. This definition shall not include persons or corporations engaging only in the preneed sale of funeral merchandise or service.
(r) "Mortuary service establishment" means a place of business where dead human bodies are embalmed or otherwise prepared or held for burial, including the transportation of the bodies.(s) "Resident trainee" means a person who is preparing to become licensed for the practice of funeral service or funeral directing and who is serving under the supervision and instruction of a person duly licensed for the practice of funeral service or funeral directing in this state.(t) "Retort" means an enclosed space within which the cremation process takes place.(u) "Trade embalmer" means an embalmer who does embalming for a licensed funeral establishment.Laws, 1983, ch. 351, § 1; reenacted and amended, Laws, 1991, ch. 463, § 2; reenacted, Laws, 1993, ch. 499, § 4; reenacted, Laws, 1995, ch. 387, § 2; reenacted without change, Laws, 1999, ch. 377, § 2; reenacted and amended, Laws, 2002, ch. 497, § 2; reenacted and amended, Laws, 2005, ch. 542, § 2; Laws, 2008, ch. 514, § 1; Laws, 2009, ch. 346, § 1; Laws, 2012, ch. 466, § 2, eff. 7/1/2012.Reenacted without change by Laws, 2021, ch. 311, SB 2098,§ 1, eff. 7/1/2021.Reenacted by Laws, 2017, ch. 373, HB 465, 2, eff. 7/1/2017.