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Title 201 | Chapter 015 | Regulation 110E


201 KAR 15:110REG
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STATEMENT OF EMERGENCY
201 KAR 15:110E

During its 2021 regular session, the General Assembly passed House Bill 220 (attached), an amendment to KRS 316.030, 316.125, 316.131, 316.170, and 316.210, to allow the Board of Embalmers and Funeral Directors to establish fees through the promulgation of administrative regulations. HB 220 was signed by the Governor on March 15, 2021. This emergency regulation removes fees from this administrative regulation and centralizes all fees in one administrative regulation. HB 220 became effective on June 29, 2021. The renewal period of individuals and establishments for the Kentucky Board of Embalmers and Funeral Directors is July 1 through 31st. This emergency regulation is necessary to ensure that the Board is able to be fiscally sound. The Kentucky Board of Embalmers and Funeral Directors initially filed this emergency regulation, along with an ordinary version of the same, on June 20, 2021; however, due to a change in personnel, the Board continually deferred the regulations and they will now expire, pursuant to KRS 13A.190(3), on March 27, 2022. In accordance with KRS 13A.190(5), this subsequent emergency regulation differs from its initial version because it makes changes to comply with the Board’s statutory authority and it makes numerous technical changes to comply with the formatting and drafting requirements of KRS Chapter 13A. This emergency regulation complies with the restrictions on filing subsequent administrative regulations established in KRS 13A.125 and is necessary to prevent a lapse in the Board’s effective administrative regulations. This emergency regulation will be replaced by an ordinary regulation and will be submitted at the same time. The ordinary regulation is identical to the emergency.

ANDY BESHEAR, Governor
KANETHA DORSEY, Executive Director

BOARDS AND COMMISSIONS
Board of Embalmers and Funeral Directors
(Emergency Amendment)

201 KAR 15:110E.Funeral establishment criteria.

Section 1.

General Requirements.

(1)

The interior and exterior of the establishment shall be kept free and clean of litter, dirt, debris, and clutter or other objects or conditions that present a potential or actual hazard to the health, safety, or welfare of the public and the funeral establishment's employees.

(2)

Only the following persons shall be permitted in a preparation room during the course of embalming a dead human body:

(a)

Employees of the establishment where the human body is being embalmed;

(b)

Registered apprentices;

(c)

Members of the family of the deceased;

(d)

Authorized representatives of the deceased; or

(e)

Any other individual otherwise allowed by law.

(3)

An establishment shall maintain the following documents, if applicable:

(a)

Board approved embalming reports that include:

1.

The name of each body embalmed;

2.

The date of death;

3.

The date and time that the embalming took place;

4.

The name and signature of the embalmer; and

5.

The embalmer's license number;

(b)

Proper documentation of the authorization to embalm; and

(c)

Accurate and current copies of:

1.

The casket price list;

2.

The outer burial container price list;

3.

The general price list; and

4.

The statement required by the Federal Trade Commission in 16 C.F.R. 453.2(b)(2) through (5), as maintained in the general practice of the establishment.

(4)

An establishment shall maintain embalming reports and documentation of authorization to embalm for a minimum of three (3) years.

(5)

Establishments located in any public office building, strip mall, public storage, mini-storage, mini-warehouse, multiunit storage complex, or similar facility used by the general public for the storage of goods shall be ineligible for a license.

(6)

The building in which an establishment is located, and any sidewalks and parking areas provided adjacent to the establishment, shall be in conformity with the requirements of the applicable federal, state and local statutes, administrative regulations, ordinances, and zoning provisions relating to publicly-accessible buildings and establishments.

(7)

An establishment shall display a sign that:

(a)

Identifies the name of the establishment; and

(b)

Is in a location visible from an adjacent public road.

(8)

An establishment shall have adequate rest room facilities for members of the public if public funeral services or visitation or ceremonial services shall be conducted in the establishment.

Section 2.

Visitation and Ceremonial Funeral Service Establishment. An establishment that provides visitation and ceremonial funeral services shall have:

(1)

A viewing area or chapel that shall be at least 400 square feet in size; and

(2)

The applicable equipment necessary for conducting and arranging funeral services, including:

(a)

Tables or desks and chairs for arrangement conferences;

(b)

Seating for the viewing room;

(c)

Casket bier;

(d)

Register book stand;

(e)

Officiant stand;

(f)

Flower display stands; and

(g)

Organ, piano, music-producing equipment, or any suitable combination of these items.

Section 3.

Embalming Service Establishment.

(1)

An establishment that provides embalming services shall:

(a)

Have facilities and a preparation room that comply with the requirements of the Occupational Safety and Health Act, 29 U.S.C. 651;

(b)

Have at least one (1) approved embalming table and all professional instruments necessary for embalming and the preparation of dead human bodies; and

(c)

Ensure that a preparation room shall not be used as a storage area other than for supplies pertaining to the embalming and preparation of dead human bodies.

(2)

Human remains shall not be prepared for disposition except by a licensed embalmer or a Level 2 apprentice, in accordance with KRS 316.030, in a preparation room that meets the requirements of this administrative regulation.

(3)

All windows and doors shall be constructed or screened to prevent persons from looking into the preparation room.

(4)

Each preparation room entrance shall be lockable, shall be locked when not in use, and shall display a sign indicating private or restricted entry.

(5)

Licensed embalmers may perform removals and transport dead bodies.

Section 4.

Full Service Funeral Establishments. A full service funeral establishment shall have:

(1)

An area available to the public devoted to the display of funeral merchandise. Caskets or casket sections may be viewed by sample, computer, catalog, or other display that corresponds to the current general price list for the funeral establishment; and

(2)

A separate room or office for arranging funerals. This room may be used to satisfy the requirements of subsection (1) of this section.

Section 5.

Inspections.

(1)

Each establishment shall be subject to inspection at the convenience of the board inspector.

(a)

An establishment that is sited on more than one (1) parcel of real estate shall be required to notify the inspector of the location and identity of the separate parcels, and shall be charged a separate inspection fee as set forth in this administrative regulation for each separate parcel, as if each parcel were a separately-licensed establishment.

(b)

Failure of the establishment to be open and available for an inspection within a reasonable period of time after the inspector requests access for inspection shall be deemed by the board to be a violation of KRS Chapter 316, including KRS 316.150(1)(a), and may subject the establishment and its establishment manager to disciplinary action.

(2)

The inspector shall inspect the establishment to see if it has suitable and dignified quarters appropriate for the category of services for which it is licensed.

(3)

An establishment that provides embalming services shall have completed and signed embalming reports available for inspection upon request.

(4)

The following forms shall be available for inspection or copying by the inspector:

(a)

A current general price list of charges for services to the public;

(b)

A current price list of caskets as charged to the public;

(c)

A current price list of outer burial containers as charged to the public; and

(d)

All apprentice calendars and apprentice travel forms.

(5)

 

(a)

An establishment seeking an initial inspection for the purpose of obtaining a new license under KRS Chapter 316 may request the inspection by the inspector of the Board of Funeral Directors and Embalmers of the Commonwealth of Kentucky, and shall be assessed a fee, as established in 201 KAR 15:030, for the inspection. This fee shall cover the inspector's initial visit, and one (1) subsequent visit for re-inspection to assure that any initial deficiencies have been cured.

(b)

An establishment licensed under KRS Chapter 316 that is routinely inspected by the inspector of the Board of Funeral Directors and Embalmers of the Commonwealth of Kentucky shall be assessed an inspection fee, as established in 201 KAR 15:030, payable to the board. This fee shall not be assessed more than one (1) time per calendar year.

(c)

An establishment licensed under KRS Chapter 316 that requires a re-inspection within a period of three (3) months following a routine inspection, due to a deficiency found by the inspector of the Board of Funeral Directors and Embalmers of the Commonwealth of Kentucky on a routine inspection, shall be assessed a re-inspection fee, as established in 201 KAR 15:030. This fee shall be paid regardless of any disciplinary action that otherwise may be taken against the establishment for the failure of the inspection.

(d)

An establishment licensed under KRS Chapter 316 may request an inspection by the inspector of the Board of Funeral Directors and Embalmers of the Commonwealth of Kentucky, and shall pay a fee, as established in 201 KAR 15:030, for the inspection.

(e)

If an establishment fails three (3) consecutive inspections within a period of six (6) months, any subsequent inspections required to determine if the failures have been cured shall require payment, as established in 201 KAR 15:030, for each subsequent inspection. In an instance of three (3) consecutive failures of inspections within six (6) months, the board may also, in its sole discretion, direct that the establishment in question cease operations for an appropriate period of time to permit the establishment to become compliant, and may assess a fine based upon the violations and failure to correct same.

(f)

Inspection fees shall be invoiced by the board to the licensee, and shall not be due at the time of the inspection.

Section 6.

Establishment Manager.

(1)

Each establishment shall have a Kentucky-licensed funeral director, a Kentucky-licensed embalmer, or an individual licensee as required by KRS 316.125(2)(b)(5) to manage and supervise the establishment.

(2)

The establishment shall notify the board of a change of the funeral director or the establishment manager by submitting the Information and Name Change Application signed by the licensed owner and the new establishment manager within five (5) working days of the change.

(3)

An establishment manager who leaves the employment of an establishment shall notify the board in writing within five (5) working days of the departure.

Section 7.

Transferability.

(1)

Establishment licenses shall not be transferable.

(2)

If a sale or lease occurs:

(a)

The existing establishment license may remain in force by mutual consent of the parties for a period of thirty (30) days or until the next regularly scheduled board meeting, whichever occurs first.

(b)

During the transition period, the establishment shall be operated under the name shown on the existing license until a new license is issued.

(c)

An application for a new license shall be submitted for review at the next board meeting following the sale or lease.

(3)

If a relocation or name change occurs, an Information and Name Change Application shall be submitted to the board.

(4)

 

(a)

Following the death of a Kentucky-licensed owner, funeral director, or embalmer, the establishment may operate for ninety (90) days while under temporary supervision by a licensed funeral director or embalmer. A licensee who is already identified as the establishment manager for another establishment under KRS 316.125(4) may act as the temporary establishment manager for the establishment under this section for the limited ninety (90) day period.

(b)

The temporary establishment manager shall be identified to the board in writing by letter within fifteen (15) days of the death of the Kentucky-licensed owner, funeral director, or embalmer.

(c)

A licensee may be the temporary establishment manager for only one (1) establishment at a time.

Section 8.

Opening of an Establishment.

(1)

An establishment shall not operate or be opened for business prior to passing an inspection by the state board inspector and the issuance of an establishment license by the board for that establishment.

(2)

To apply for an establishment license, the following shall be submitted to the board:

(a)

A completed Establishment Application;

(b)

The fee required by 201 KAR 15:030;

(c)

A picture of the establishment and signage;

(d)

A picture of the establishment manager;

(e)

If purchasing the establishment, a certified copy of the property deed or other document demonstrating the property transfer and applicant's ownership;

(f)

If a corporation, the articles of incorporation;

(g)

If a partnership, the partnership agreement;

(h)

If a limited liability company, the LLC agreement; and

(i)

If the property is not owned by the applicant, a commercial lease, certificate of occupancy, or other legal document that demonstrates that the applicant has possession and control of the premises sufficient to be responsible for the property being configured to meet the requirements of these regulations.

(3)

Violation of this section shall be grounds for denial of the application for the license by the board.

(4)

All establishment licenses shall expire July 31 of each year. Establishments shall renew by submitting the following to the board:

(a)

An Establishment Renewal Application;

(b)

The renewal fee established in KRS 316.130(4) and 201 KAR 15:030; and

(c)

A list of all licensed funeral directors and embalmers affiliated with the establishment.

Section 9.

Advertising and Signage.

(1)

An establishment shall use the exact name listed on the license for the establishment in all advertisements and signage.

(2)

Descriptive terms shall be distinctly separated from the name of the establishment in all signage and advertisements unless registered as part of the official name.

(3)

Any advertising, designation, or signage for the funeral establishment shall match the classification on the establishment's license.

Section 10.

Closure of an Establishment.

(1)

If an establishment is to be closed, for any reason, the establishment licensee shall notify the board that the establishment is to be closed, and whether the closure is permanent or for a specified period of time.

(2)

An establishment that is closing shall give notice of closure to the Office of the Attorney General together with a listing of any pre-need contracts that remain in effect for the closing establishment.

(3)

The licensee for a closing establishment shall give written notice of closure to clients with whom the establishment has a pre-need contract, and shall include in that notice how the establishment intends to honor its contractual obligation.

Section 11.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Establishment Application", 9/2019;

(b)

"Information and Name Change Application", 9/2019; and

(c)

"Establishment Renewal Application", 2017.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Embalmers and Funeral Directors, 9114 Leesgate Rd, Ste 4, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.

KANETHA DORSEY, Executive Director
APPROVED BY AGENCY: February 24, 2022
FILED WITH LRC: April 7, 2022 at 2:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 24, 2022 at 1:00 p.m., Via ZOOM. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of this hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until May 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Kanetha Dorsey, Executive Director of Kentucky Board of Embalmers and Funeral Directors, 9114 Leesgate Road, Suite 4, Louisville, Kentucky 40222, phone 502-426-4589, fax 502-426-4117, email Kanetha.dorsey@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Kanetha Dorsey
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation describes to the process to open and manage a funeral establishment
(b) The necessity of this administrative regulation:
This regulation licenses the establishments and sets criteria for said establishments.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
HB 220 removed fees from statutes placing them in administrative regulations. The bill went into effect 6/29/21. Board renewals are 7/1/22.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation supports KRS 316:010, 316:030, 316:125, 316: 127, and 316: 260 by providing a place for all funeral business to be managed and housed.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Fees are removed from this regulation per HB 220, Wording and phrases errors are corrected.
(b) The necessity of the amendment to this administrative regulation:
HB220 removed fees from statutes placing them in administrative regulations. The bill went into effect 6/29/21. Board renewals are 7/1/22.
(c) How the amendment conforms to the content of the authorizing statutes:
This regulation removes the inspection fees from 201 KAR 15:110, along with all fees and puts them all in one, easy to access regulation.
(d) How the amendment will assist in the effective administration of the statutes:
Correcting phrasing errors, removing fee information.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
510 establishments, 3000 license holders, 150 surface transport licenses, 300 apprentices.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are no substantial changes to the regulation Fee information has moved to 201 KAR 15:030.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Must view 201 KAR 15:030 for fees.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will be legally licensed for a period of one year for establishments.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost.
(b) On a continuing basis:
No additional cost.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
No special or additional funding will be required for implementation or enforcement.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
These fees are not increasing; just being moved to a single regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation gathers all the fees into one regulation. There is a fee increase for establishments based on case counts.
(9) TIERING: Is tiering applied?
No

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KAR 201 15:030, KRS 316.030(4)(g), KRS 316.030(5)(f), KRS 316.125(2)(a), KAR 201 15:040 Section 1(1), KAR 201 15:040 Section 3(3), KAR 201 15:040 Section 4(1), KAR 201 15:050 Section 4(5), KAR 201 15:110 Section 5(5)b, KAR 201 15:110 Section 5(5)c, KAR 201 15:110 Section 5(5)d, KAR 201 15:110 Section 5(5)e, KAR 201 15:125 Section 1(2)(b), KAR 201 15:125 Section 2(1)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
None
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
No additional cost to the agency.
(d) How much will it cost to administer this program for subsequent years?
No additional cost to the agency.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
No substantial changes to this regulation. Wording and phrasing errors have been corrected and fees have been removed per HB 220.
Expenditures (+/-):
None
Other Explanation:
None

7-Year Expiration: 11/1/2026

Last Action: 4/22/2022


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