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NEW JERSEY REGISTER
VOLUME 36, NUMBER 20
MONDAY, OCTOBER 18, 2004
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MORTUARY SCIENCE OF NEW JERSEY
STATE BOARD OF MORTUARY SCIENCE RULES

Proposed Readoption with Amendments: N.J.A.C. 13:36

Proposed Repeals: 13:36-4.10 and 5.13

Proposed New Rules: N.J.A.C. 13:36-1.2, 2.15, 3.8 and 4.16, and 13:36 Appendix

Proposed Repeal and New Rule: N.J.A.C. 13:36-4.1

Authorized By: State Board of Mortuary Science of New Jersey, William Mandeville, Executive Director.

Authority: N.J.S.A. 45:7-32 et seq. and 45:1-15.1.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2004-406.

Submit comments by December 17, 2004 to:

William Mandeville, Executive Director

State Board of Mortuary Science of New Jersey

124 Halsey Street

PO Box 45009

Newark, New Jersey 07101

The agency proposal follows:

Summary

The State Board of Mortuary Science of New Jersey (the Board) is proposing to readopt N.J.A.C. 13:36 with amendments. These rules are scheduled to expire on September 17, 2004, pursuant to Executive Order No. 66(1978). Because this notice of readoption has been filed prior to September 17, 2004, the expiration date of the rules in Chapter 36 is extended by 180 days, to March 16, 2005, pursuant to N.J.S.A. 52:14B-5.1.

In compliance with the Executive Order, the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:36 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were promulgated.

Initially, the Board notes that it has made minor, grammatical changes to numerous rules throughout the subchapters of N.J.A.C. 13:36. The Board believes that these technical amendments are necessary in order to clarify the existing language in the rules. The proposed amendments, however, do not alter the substantive meaning of the rules so amended.

The following is a summary of the subchapters of N.J.A.C. 13:36 which the Board proposes to readopt, as well as a summary of the amendments and new rules the Board is proposing at this time.

Subchapter 1 sets forth the rules governing the administration of the Board. The Board is proposing that N.J.A.C. 13:36-1.1, which establishes the official seal of the Board, be readopted without amendment. N.J.A.C. 13:36- 1.2, which is currently reserved, is proposed as a new rule containing definitions for relevant words and terms used throughout the subchapter. The terms defined in new rule N.J.A.C. 13:39-1.2 include "Board," "licensee" "registered mortuary," "intern," "manager" and "owner." The Board believes that the definitions are necessary in order to clarify confusion that may exist regarding the use of these words throughout the rules of Chapter 36.

N.J.A.C. 13:36-1.3, which establishes the schedule of Board meetings, and N.J.A.C. 13:36-1.4, which set forth the duties and responsibilities of the Executive Director of the Board, are proposed to be readopted without amendment. N.J.A.C. 13:36-1.5, which sets forth the duties of mortuary inspectors, is proposed to be amended to clarify that all mortuaries are to be inspected to ensure compliance with the provisions of the Mortuary Science Act and the rules set forth in Chapter 36. The Board is also proposing to amend N.J.A.C. 13:36-1.6, which delineates the fees and charges imposed by the Board, to include an inactive paid license renewal fee of $125.00. This fee entitles the licensee who elects to renew his or her license as inactive paid, as opposed to inactive unpaid, to obtain all printed information disseminated by the Board to active licensees pursuant to N.J.A.C. 13:36-4.14, as the rule is proposed to be amended as part of this rulemaking. N.J.A.C. 13:36- 1.7, which is currently reserved, is proposed to be readopted without amendment. N.J.A.C. 13:36-1.8, which sets forth funeral recordkeeping responsibilities, is proposed to be readopted with amendments. The rule currently provides that all funeral records must be maintained for six years. The Board is proposing to amend N.J.A.C. 13:36-1.8(a) to provide an exception. The rule, as amended, requires registered mortuaries to maintain full, accurate records of all funerals which it conducts or in which it participates in any manner, except as provided in N.J.A.C. 13:36-4.13, Use of a registered mortuary owned by another. In addition, the Board is proposing that N.J.A.C. 13:36-1.8 be amended to require such records to be maintained for seven years, in order to make this recordkeeping requirement consistent with other record retention requirements throughout the subchapter. In addition, the Board is proposing to amend the rule to require that the oldest six years of information be maintained in such a manner so as to be retrievable and readable within two weeks. The most recent one year of information must be immediately retrievable and readable. The Board is also proposing to amend N.J.A.C. 13:36-1.8 to require funeral records to include the name and location of the cemetery or crematorium, a copy of the completed New Jersey Death Certificate, if the death occurred in the State, or a copy of the burial or transit papers or other final disposition documents, if the death occurred outside of the State, as well as a copy of any disinterment permit, if applicable. The Board believes that such documentation should be maintained as part of individual funeral records in order to ensure that a licensee's records are as accurate and complete as possible.

The Board is proposing several amendments to N.J.A.C. 13:36-1.9, which concerns the completion of the "Statement of Funeral Goods and Services Selected." Initially, the Board notes that it is amending all references to the Statement of Funeral Goods and Services Selected that appear throughout the subchapter to delete the word "form" that follows the reference, as the wording is redundant and may lead to confusion. The Board is amending N.J.A.C. 13:39-1.9 to clarify that the Statement of Funeral Goods and Services Selected must be completed for both preneed and at need funeral arrangements. Subsection (a) of the rule is also being amended to require that the statement must be on a pre-printed, single-sided sheet of paper that is at least 8 1/2 inches by 11 inches, but no more than 8 1/2 inches by 14 inches. The Board is also proposing that the statement now include not only the manager's name but also his or her title and license number, the decedent's date of birth and sex, and a notation as to whether the statement is being completed for an at need or a preneed arrangement, or for a price quotation only.

The Board is also proposing to amend N.J.A.C. 13:36-1.9 to clarify that the Statement of Funeral Goods and Services Selected must contain specific disclosure statements regarding service charges and embalming services. Currently, these disclosure requirements for the Statement of Funeral Goods and Services Selected are found in N.J.A.C. 13:36-9.16 and 9.17. The Board believes that including the provisions in N.J.A.C. 13:36-1.9 will make the rule easier to understand and follow by putting all requirements relating to the Statement of Funeral Goods and Services Selected in a single rule. The Board is also amending subsection (b) of N.J.A.C. 13:36-1.9, which currently provides that promissory notes and other non-related items may not be included on the statement, to also prohibit the inclusion of contracts and payment terms on the form. In light of these changes, existing subsection (c), which provides that a contract may appear at the bottom of the statement provided certain conditions are satisfied, is proposed to be deleted. The Board believes that the inclusion of contract and other payment items on the Statement of Funeral Goods and Services Selected is inappropriate and may lead to consumer confusion. Existing subsections (d) and (e) are proposed to be recodified as subsections (c) and (d) with amendments. The Board is proposing to amend recodified subsection (c) as (d) to require that the Statement of Funeral Goods and Services Selected contain certain information as outlined in the regulations. The Board is also proposing to amend recodified subsection (d) as (e) to provide that it shall not be mandatory for practitioners to include the category of "Optional Packaged Services" on the Statement of Funeral Goods and Services Selected if they do not offer for sale the services of Direct Cremation, Immediate Burial, Forwarding of Remains and/or Receiving of Remains or to include the "Package Reduction" category, if this category is not utilized by practitioners. Existing subsection (f) is proposed to be recodified as subsection (e), with amendments. The Board is amending subsection (e) to provide that if a consumer refuses to sign the statement, the practitioner must note the refusal on the signature line of the statement. Existing subsection (g) is proposed to be recodified as subsection (f), with clarifying amendments. The Board is proposing a new subsection (g), which provides that a practitioner may utilize a photocopy of the Statement of Funeral Goods and Services Selected which is proposed to be included as the Appendix of Chapter 36, in order to satisfy the requirements of N.J.A.C. 13:39-1.9. The Board believes that the inclusion in the Appendix of a sample Statement of Funeral Goods and Services Selected, which licensees may utilize, will make it easier for licensees to comply with the requirements of N.J.A.C. 13:36-1.9.

The Board notes that the proposed amendments to N.J.A.C. 13:36-1.9 will not become effective for six months following the publication of the adoption of the amendments because the Board believes that immediate application of such amendments could impose a financial hardship upon registered mortuaries, to the extent that mortuaries would have to print new statements to comply with the new requirements. Delaying the implementation of the changes for six months, the Board believes, will allow registered mortuaries sufficient time within which to deplete their current supply of statements.

N.J.A.C. 13:36-1.10, which establishes guidelines for the operation, maintenance and use of mortuaries by licensees for the benefit of the anatomical associations of State medical schools, is proposed to be readopted with technical amendments.

Subchapter 2 sets forth the rules applicable to mortuary science students completing their practical internship. The Board notes that throughout Subchapter 2, such students are referred to as interns, registered interns, or student interns. In order to make the terminology consistent, the Board has amended all references throughout the subchapter to refer to "interns," consistent with the definition for this term that is being proposed as part of new rule N.J.A.C. 13:36-1.2.

N.J.A.C. 13:36-2.1 delineates the qualifications for intern registration. The Board is proposing to amend N.J.A.C. 13:36-2.1(c)2 to require the intern to submit a written request to the Board for extension of his or her internship. N.J.A.C. 13:36-2.2, which requires that all applications for internship registrations be requested in writing, is proposed to be readopted without amendment. N.J.A.C. 13:36-2.3, which provides that interns must assist in the embalming of at least 75 bodies and must participate in at least 75 funerals during the internship period, is proposed to be amended to require interns to also assist in the arranging of at least 25 funerals. The Board believes that this amendment is necessary in order to ensure that interns are appropriately trained in all aspects of mortuary practice. N.J.A.C. 13:36- 2.4, which requires an intern to carry an identification card issued by the Board, is proposed to be amended to clarify that the identification card must be carried on the intern's person.

The Board proposes to amend N.J.A.C. 13:36-2.5, which requires interns to complete and file with the Board monthly reports on all embalmings they have assisted in and all the funerals they have attended, to clarify that reports must also now be filed concerning all the funerals they assisted in arranging, consistent with the proposed amendment to N.J.A.C. 13:36-2.3 discussed above. N.J.A.C. 13:36-2.6, which prohibits a licensee from granting credit to more than one student for the embalming of any one body, and N.J.A.C. 13:36-2.7, which prohibits a licensee from employing an intern unless the practitioner has had a minimum of 25 cases during the previous calendar year, are proposed to be readopted with technical amendments. N.J.A.C. 13:36-2.8, which requires an intern to submit a letter to the Board if he or she must be absent from the internship for more than 30 days, is proposed to be readopted without amendment.

The Board is proposing that N.J.A.C. 13:36-2.9, which requires a preceptor to request a notice of termination form from the Board whenever an internship is terminated, be amended to clarify that the request must be made in cases where the internship is terminated or is completed, and to require that the form be completed by both the preceptor and the intern. N.J.A.C. 13:36-2.10, which provides that an intern must return his or her identification card to the Board upon completion or termination of an internship, is being amended to delete superfluous language. N.J.A.C. 13:36-2.11, which currently provides that a preceptor must file with the Board an affidavit recommendation form upon termination of an internship, is proposed to be amended to also require the preceptor to file the form when an intern completes his or her training, or when the intern changes mortuaries during the internship period. N.J.A.C. 13:36-2.12, which provides that no intern shall be allowed to continue his or her internship period for more than three years, is proposed to be readopted with technical amendments. N.J.A.C. 13:36-2.13 remains reserved.

N.J.A.C. 13:36-2.14, which sets forth the preceptor's internship responsibilities, is proposed to be readopted with amendments. The Board is amending subsection (a), which provides, in part, that the preceptor must ensure that the intern is proficient in making funeral arrangements, to clarify that the making of such arrangements includes attendance at funeral arrangement conferences. The Board is also proposing to delete the requirement that interns be proficient in completing funeral cortege lists and arranging cortege cars in proper order, in light of the fact that such activities are generally no longer performed by licensees. The Board is proposing a new rule at N.J.A.C. 13:36- 2.15, which provides that the failure of a preceptor to file any reports required by the rules in Subchapter 2 will be deemed professional misconduct and will subject a preceptor to penalties set forth at N.J.S.A. 45:1-25.

Subchapter 3 sets forth the rules applicable to examinations for licensure. The Board is proposing to change the subchapter heading to "Examinations and Candidate Qualifications" in order to more appropriately reflect the scope of the rules contained in the subchapter. N.J.A.C. 13:36-3.1, which sets forth qualifications for licensure, is proposed to be readopted with technical amendments. The Board notes that several of the rules in Subchapter 3, including N.J.A.C. 13:36-3.1, are being amended to replace the existing references to "applicant," with the more appropriate term "candidate." N.J.A.C. 13:36-3.2, concerning applications for the Mortuary Jurisprudence examination, is proposed to be amended to clarify that candidates for the examination must have completed a minimum of two or three years of academic instruction at an accredited college or university, as well as one year of academic instruction at an accredited school of mortuary science, consistent with the requirements of the Mortuary Science Act at N.J.S.A. 45:7-49.

The Board is proposing that N.J.A.C. 13:36-3.3 and 3.4, which are currently reserved, N.J.A.C. 13:36-3.5, which concerns the grades that an applicant must obtain on the Mortuary Jurisprudence and National Board examinations, and N.J.A.C. 13:36-3.6, concerning examination review procedures, be readopted without amendment. N.J.A.C. 13:36-3.7, which sets forth the requirements applicable to the practical examination administered by the Board, is proposed to be readopted with amendments. The Board is proposing that subsection (a), which currently provides that a candidate for the practical examination must be within 90 days of completing his or her internship, be amended to clarify that the practical examination shall be taken no sooner than 90 days before, or 90 days after, completion of the internship period. In addition, the Board is proposing new subsections (b) and (c), which establish requirements for taking the practical examination more than 90 days after the completion of a candidate's internship. Proposed new subsection (b) provides that if more than 90 days have passed since the completion of the internship, and the candidate wishes to take the practical examination at the same registered mortuary where he or she completed the internship, the candidate must apply to the Board for an extension of the original internship prior to taking the examination. However, pursuant to proposed new subsection (c), if more than 90 days have elapsed since the conclusion of the internship period, and the candidate wishes to take the practical examination at a registered mortuary other than the one where he or she completed the internship, the candidate must re-register as an intern and pay the applicable registration fee prior to taking the practical examination. Existing subsection (b) is proposed to be recodified as subsection (d), with amendments. The Board is proposing that the requirement in subsection (d) that a candidate who fails the practical examination must wait three months prior to being reexamined, be amended to allow the candidate to schedule a reexamination after 30 days from the failure.

The Board is proposing a new rule at N.J.A.C. 13:36-3.8, which is currently reserved, concerning the expiration of the Mortuary Jurisprudence and practical examination results. The proposed new rule provides that the results from the examinations will be valid for three years from the date of successful completion of the respective examinations. A candidate who does not obtain a license to engage in the practice of mortuary science within three years of passing the respective examinations must retake and pass the examination for which the results have expired. The Board is proposing this new rule in order to ensure that a candidate's professional knowledge, measured through the respective examinations, is current at the time licensure is granted.

Subchapter 4 concerns procedures for license and certificate of registration renewal. N.J.A.C. 13:36-4.1 establishes the schedule for filing renewal applications and the procedures which must be followed for reinstatement. The Board is proposing to repeal N.J.A.C. 13:36-4.1 and replace it with a new rule in light of recent amendments to the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, P.L. 1999, c.403, which mandate certain license renewal and reinstatement requirements. Specifically, proposed new subsection (a) of N.J.A.C. 13:36-4.1 provides that a licensee or registered mortuary owner must renew his or her license or certificate of registration for a period of two years from the last expiration date. The licensee or owner must remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of expiration. A licensee or owner who submits a renewal application within 30 days following the date of expiration must submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:36-1.6. A licensee or owner who fails to submit a renewal application within 30 days of expiration shall have his or her license or certificate of registration suspended without a hearing. A licensee or owner who continues to engage in the practice of mortuary science or continues to offer mortuary services with a suspended license or certificate of registration shall be deemed to be engaging in the unauthorized practice of mortuary science and shall be subject to the penalties set forth in N.J.S.A. 45:1-25 et seq., pursuant to proposed subsection (b). Proposed new subsection (c) requires the Board to send a notice of renewal to the licensee or owner at least 60 days prior to the expiration of the license or certificate of registration. If the notice to renew is not sent at least 60 days prior to the expiration date, the Board may not impose any monetary penalties or fines upon the licensee or owner for failure to renew.

Proposed new subsection (d) of N.J.A.C. 13:36-4.1 provides that a licensee seeking reinstatement within five years following the suspension of a license for failure to renew shall submit a completed licensure application, including an affidavit of employment listing each job held during the period of license suspension, and the application fee. The applicant must also submit all past delinquent renewal fees, a reinstatement fee, and a certification verifying completion of the required number of continuing education credits for each biennial renewal period in which the license was suspended, to a maximum of 25 credits. Proposed new subsection (e) provides that a licensee seeking reinstatement more than five years following the suspension of a license for failure to renew must also complete an internship under the supervision of a Board licensee, and must retake and pass the practical and Mortuary Jurisprudence examinations. The internship, which must consist of a minimum of 25 embalmings, 25 funerals and 25 arrangements, must be at least three months in length, but no longer than one year. New subsection (f) provides that an owner seeking reinstatement following the suspension of a certificate of registration for failure to renew must submit a completed application, along with the application fee, all past delinquent renewal fees, and a reinstatement fee.

N.J.A.C. 13:36-4.2, which currently requires a licensee to notify the Board of a change in his or her residence address, is proposed to be amended to require the licensee to notify the Board regarding a change in his or her address of record, which is defined to mean the address designated by the licensee which is part of the public record and which may be disclosed upon request. The address of record may be a licensee's home, business or mailing address, but may not be a post office box unless the licensee also provides another address which includes a street, city, state and zip code. The Board is also proposing new subsections (b) and (c) as part of N.J.A.C. 13:36-4.2, which provide that failure to notify the Board of any change in an address of record may result in disciplinary action and the imposition of penalties, and that service of any administrative complaint or other Board-initiated process at the licensee's address of record will be deemed adequate notice for the commencement of disciplinary proceedings. Existing subsection (b) of N.J.A.C. 13:36-4.2, which requires a funeral establishment operated by a corporation, limited partnership or a limited liability corporation, to provide the Board with notification of changes in personnel information, is proposed to be deleted. The Board believes that the notification requirement imposed upon funeral establishment owners pursuant to N.J.A.C. 13:36-4.5(a), which requires any changes in ownership to be reported to the Board, will provide the Board with necessary, relevant information regarding an establishment's ownership situation.

N.J.A.C. 13:36-4.3, concerning legal name changes, is proposed to be readopted with technical amendments. N.J.A.C. 13:36-4.4, concerning the licensure of new mortuary establishments, is proposed to readopted with clarifying amendments. Specifically, the Board has amended subsection (a) of the rule to clarify that corporations, partnerships, limited liability partnerships, limited liability companies or other business entities, may operate funeral establishments in the State. In addition, the Board is amending subsection (c), which currently provides that when a new establishment has been inspected it may receive temporary approval to operate until the certificate of registration is issued, to provide that such temporary approval will only be granted if the mortuary satisfied all applicable requirements set forth in Chapter 36 and in the Mortuary Science Act. N.J.A.C. 13:36-4.5, concerning changes in ownership, is proposed to be readopted without change.

The Board is proposing that N.J.A.C. 13:36-4.6, which currently sets forth the requirements for a corporation's application for registration of a funeral establishment, be amended to make the requirements in the rule generally applicable to other business entities seeking registration of a mortuary. Specifically, the Board has amended subsection (a) to include references to partnerships and other business entities. In addition, the Board has amended subsection (a) to require the submission of, in the case of corporations, the original certificate of good standing from the State of New Jersey, and in the case of partnerships, an application signed by all partners, a certified copy of the partnership agreement, and any certificate of assumed name that has been filed with the office of the county clerk. In the case of limited partnerships seeking certificates of registration, the Board is proposing a new subsection (b), which provides that such partnerships must conform to the requirements of the Limited Partnership Associations Act, set forth at N.J.S.A. 42:3-1 et seq. The Board notes that the proposed amendments to N.J.A.C. 13:36-4.6 relating to partnerships and limited partnerships are currently found in existing rule N.J.A.C. 13:36-4.10, which the Board is proposing repeal and reserve as part of this rulemaking. The Board is moving these requirements to N.J.A.C. 13:36-4.6 in order to better organize the requirements in this subchapter. The Board is proposing similar amendments to N.J.A.C. 13:36-4.7, which sets forth what information must be included in a corporate applicant's charter. The proposed amendments clarify that the same information must also be included in applicants' partnership agreements or operating agreements, as appropriate. The Board is also proposing that subsections (c) and (d) of N.J.A.C. 13:36-4.7 be deleted because the provisions are repetitive of other provisions currently set forth in the subchapter.

N.J.A.C. 13:36-4.8 currently provides that all establishments which operate under corporate, limited partnership or limited liability company ownership must be under the direct supervision of a full-time licensed manager. The Board is proposing that N.J.A.C. 13:36-4.8 be amended to make this manager requirement applicable to all establishments in the State, regardless of ownership structure. The Board believes that the proposed amendment is necessary in order to ensure that all establishments are functioning under the direct supervision of a Board licensee on a full-time basis and so that the public is aware of who bears supervisory responsibility for the establishment. In addition, the Board is proposing a new subsection (c), which provides that whenever the manager's services are terminated, the owner of the mortuary must retain the services of another licensee who will be responsible for managing all work performed by the mortuary until such time as the manager is permanently replaced by another manager. This temporary manager shall be known as the licensee in charge. The Board notes that all references to "temporary manager" throughout the rules are proposed to be amended to refer to "licensee in charge" as the Board believes this terminology is clearer and more appropriate. Current references to "licensee in charge" in other rules throughout the subchapter are proposed to be deleted because the use of the term in the other rules is inconsistent with the new provisions of N.J.A.C. 13:36-4.8. The proposed amendments also provide that the owner of the mortuary must provide the Board with the name and license number of the licensee in charge within five business days of the termination. Existing subsection (c) is proposed to be deleted because the requirements outlined in the subsection have been incorporated into proposed new subsection (c). Existing subsections (d), (e) and (f) are proposed to be readopted with clarifying amendments, consistent with the changes being proposed in subsections (a) and (c).

N.J.A.C. 13:36-4.9 prohibits any unlicensed person from actively engaging in the actual funeral arrangements, preservation, or disposal of dead human bodies. The Board is proposing that N.J.A.C. 13:36-4.9 be readopted with technical amendments. N.J.A.C. 13:36-4.10, as noted above, is proposed to be repealed and reserved. N.J.A.C. 13:36-4.11, which sets forth the application requirements for a funeral establishment operated under a trade name, is proposed to be readopted with a technical amendment. N.J.A.C. 13:36-4.12, which currently provides that upon the death of a licensee or establishment owner, the executor or administrator of the estate must furnish the Board with a copy of the preneed ledger prior to operating the establishment, is proposed to be amended to make the rule applicable only in the case of the death of a sole proprietor of a funeral establishment, in order to clarify the intended meaning of the rule.

N.J.A.C. 13:36-4.13, which concerns the use of a registered mortuary by a practitioner other than the owner of the establishment, is proposed to be readopted without amendment. The Board is proposing that N.J.A.C. 13:36- 4.14, which concerns the election of active or inactive practice by licensees, is proposed to be amended to make the rule consistent with the requirements of the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, P.L. 1999, c.403, which mandates certain inactive licensure requirements. The proposed amendments provide that a licensee may, upon application to the Board, renew his or her license by choosing inactive status. The proposed changes further provide that a licensee choosing inactive status shall be provided with the option of choosing either inactive (unpaid) or inactive paid status. A licensee choosing inactive paid status must remit to the Board the inactive fee set forth at N.J.A.C. 13:36-4.14 which will entitle the licensee to obtain all printed information disseminated by the Board to all active licensees. A licensee electing to renew his or her license as inactive (whether paid or non-paid) is prohibited from engaging in the practice of mortuary science for the entire biennial registration period unless the inactive licensee submits an application to the Board to resume active practice. The licensee seeking to resume active practice must submit evidence to the Board of having completed the continuing education necessary for active licensure, and must also submit a renewal application and pay the renewal fee for the current biennial registration period. N.J.A.C. 13:36-4.15, which provides for licensure by credentials, is proposed to be readopted without amendment. The Board is also proposing a new rule at N.J.A.C. 13:36-4.16 in order to clarify the responsibilities of licensees and mortuary establishment owners. The proposed new rule provides that all licensees and owners shall be responsible for compliance with all laws and regulations governing the practice of mortuary science in New Jersey, and that any licensee or owner may be held liable for violations of the Mortuary Science Act or the rules in Chapter 36.

Subchapter 5 sets forth the rules governing the administration of registered mortuaries. N.J.A.C. 13:36-5.1(a) provides that whenever a firm is required to be operated by a manager, the name of the manager shall be conspicuously displayed on a sign near the main entrance to the establishment. In light of the proposed amendments to N.J.A.C. 13:36-4.8, which will require all funeral establishments to be operated under the direction of a manager, the Board is amending N.J.A.C. 13:36-5.1(a) to make the requirement that the manager's name be displayed generally applicable to all funeral establishments. In addition, the Board is amending subsection (b) of N.J.A.C. 13:36-5.1, which currently requires the name of the manager to be displayed on all stationery, billheads, and advertising, to clarify that the manager's license number also must be included on such documents. Subsection (b) is also amended to require the name and license number of the manager to appear on all price lists. The Board believes that the inclusion of the manager's name and license number on all such documents is a necessary consumer protection measure because it will provide consumers with an additional piece of information by which they can verify the licensee's status with the Board. The proposed amendments to N.J.A.C. 13:36-5.1(b) will not become effective until six months following the publication of the adoption of these amendments because the Board believes that immediate application of the amendments could impose a financial hardship upon registered mortuaries, to the extent that the mortuaries may be required to reprint their stationery, billheads, advertising and price lists. The Board is also proposing a new subsection (c), as part of N.J.A.C. 13:36-5.1, to require the license of the manager to be conspicuously displayed in the registered mortuary, consistent with the requirements of the Mortuary Science Act at N.J.S.A. 45:7-61. Subsection (c) further provides that if a licensee is retained to act as the manager of more than one registered mortuary, the licensee must obtain a duplicate license for posting in the other establishments. Duplicate licenses are available upon payment of the fee provided in N.J.A.C. 13:36-1.6.

The Board proposes that N.J.A.C. 13:36-5.2, concerning applications for specific locations and separate establishment facilities, be readopted without amendment. N.J.A.C. 13:36-5.3, concerning transferability of registration certificates, is proposed to be readopted with amendments. The Board is proposing a new subsection (b) as part of N.J.A.C. 13:36-5.3, which sets forth requirements for funeral establishments moving to new locations. Proposed new subsection (b) provides that whenever a registered mortuary moves to a new location, the owner must apply for a new certificate of registration and must notify the Board, in writing, at least 15 business days in advance of the proposed date of opening at the new location. The new certificate of registration will not be issued until all applicable requirements in Chapter 36 and all relevant statutes, regulations and ordinances are satisfied. Proposed new subsection (b) provides further that the registered mortuary may not begin operation at the new location until Board approval is granted. The language in proposed new subsection (b) is currently set forth in N.J.A.C. 13:36-5.13. The Board believes that the provision should be moved to N.J.A.C. 13:36-5.3 for organizational purposes. The Board has also amended the existing provision to clarify that a new certificate of registration shall not be issued to a funeral establishment until all requirements in Chapter 36, and all relevant laws and regulations, have been satisfied. Existing rule N.J.A.C. 13:36-5.13 is proposed to be repealed and reserved. The Board has also proposed amendments to N.J.A.C. 13:36-5.4, which concerns the physical structure of the mortuary. The Board is amending subsection (b) to provide that if the registered mortuary maintains a break room, the room must be separate and distinct from the preparation room. The break room must also be inaccessible to the public. The Board is further amending N.J.A.C. 13:36-5.4 in new subsection (d) to clarify that all areas in a registered mortuary that are not used exclusively as living quarters may be subject to Board inspection. N.J.A.C. 13:36-5.5, which sets forth the requirements for the preparation room, is proposed to be readopted with technical amendments.

N.J.A.C. 13:36-5.6 delineates the equipment that must be maintained in a preparation or embalming room. The Board is proposing that the rule be amended at new paragraph (a)25 to require all funeral establishments to maintain an electrically-powered embalming machine as part of their preparation or embalming rooms. The Board believes that requiring the maintenance of electrically-powered embalming machines in preparation or embalming rooms is necessary in order to ensure the proper operation of all funeral establishments throughout the State. N.J.A.C. 13:36-5.7, which provides that all establishment owners and managers are responsible for ensuring that the potable water supply of the establishment is not open to contamination, is proposed to be readopted with technical amendments. N.J.A.C. 13:36-5.8, which is currently reserved, is proposed to be readopted without amendment. N.J.A.C. 13:36-5.9, which concerns multiple funeral establishments in the same location, is proposed to be readopted with clarifying amendments. Specifically, the Board is amending the rule to include references to all the business entities that may own funeral establishments. N.J.A.C. 13:36-5.10, which requires every funeral home, except a trade service, to display the establishment name near the main entrance, and N.J.A.C. 13:36-5.11, which concerns the use of a specific room for burial preparations, are proposed to be readopted without amendment.

The Board is proposing several amendments to N.J.A.C. 13:36-5.12, which sets forth requirements regarding the advertising of professional services. The Board is proposing that the definition of "licensee" in subsection (a) be deleted because the definition is now contained in proposed new rule N.J.A.C. 13:36-1.2. In addition, the Board is amending the definition of "prior reduction statement," to correct a typographical error. The correct terminology is "price reduction statement." The Board is also amending subsection (b) of the rule, which currently provides that all stationery must indicate the true firm name of the mortuary, to also require the stationery to include the address and telephone number of the mortuary, the name of the manager, and his or her license number. The Board believes that the inclusion of this information on a mortuary's stationery is a valuable consumer protection measure because it will provide consumers with necessary information should they need to contact the mortuary in case questions arise. The proposed amendments to N.J.A.C. 13:36-5.12(b) will not become effective for six months following the publication of the adoption of the amendments because the Board believes that immediate application of the amendments could impose a financial hardship upon registered mortuaries.

As noted above, N.J.A.C. 13:36-5.13, concerning the transfer of funeral establishments to new locations, is proposed to be repealed and reserved because the rule is proposed to be relocated in N.J.A.C. 13:36-5.3. N.J.A.C. 13:36-5.14, which sets forth the rules that must be followed upon the permanent closing of a funeral establishment, is proposed to be recodified with amendments. Paragraph (a)3, which provides, in part, that the manager must discontinue the mortuary's telephone service upon the closing of the establishment, is amended to provide that the manager must notify the Board as to the disposition of the mortuary's telephone service. The proposed amendment will allow an establishment being purchased by another mortuary to retain the same business telephone number. The Board is also amending N.J.A.C. 13:36- 5.14 to require the mortuary that is permanently closing to submit to the Board a copy of the notice sent to all preneed purchasers regarding the establishment's discontinuation. The mortuary must also submit proof of service of the notice to each preneed purchaser. N.J.A.C. 13:36-5.15, which prohibits a practitioner from allowing any unlicensed person to engage in the practice of mortuary science, is proposed to be readopted with technical amendments.

N.J.A.C. 13:36-5.16, which requires a licensee to notify the Board if he or she intends to be away from the establishment for more than 30 days, and N.J.A.C. 13:36-5.17, concerning the removal of human remains, are proposed to be readopted without amendment. N.J.A.C. 13:36-5.18, which establishes requirements for the disposition of human remains, is proposed to be readopted with amendments. The Board is proposing that subsection (b), which provides that viscera must be treated with embalming fluid and hardening compound and must be interred with the remains, be amended to provide that viscera must be treated in the same manner as the remains and must be disposed of with the remains. The Board is proposing this amendment in order to eliminate any confusion regarding dispositions in the case of remains that are not being embalmed and interred. N.J.A.C. 13:36-5.19 and 5.20 remain reserved.

Subchapter 6 sets forth rules governing embalming procedures. N.J.A.C. 13:36-6.1, which provides that the preparation for burial or other disposition of a dead body be performed in privacy, and N.J.A.C. 13:36-6.2, which requires all persons engaged in the actual embalming of a body to wear protective garments consistent with Occupational Safety and Health Administration (OSHA) regulations, are proposed to be readopted with technical amendments. Specifically, the Board has amended N.J.A.C. 13:36-6.2 to clarify that the OSHA regulations set forth at 29 CFR 1910.1030 are incorporated by reference into the Board rule, as is already the case with existing rules N.J.A.C. 13:36-6.4. The Board is also proposing to incorporate this reference to rule N.J.A.C. 13:36-7.1. The OSHA regulations set forth requirements for limiting occupational exposure to blood and other potentially infectious materials, including other bodily fluids, human tissue and human organs, and includes standards for sterilization and decontamination of work places. N.J.A.C. 13:36-6.3, which prohibits the use, for embalming purposes, of any fluid or compound that contains poisons, is proposed to be readopted without amendment. N.J.A.C. 13:36-6.4, which requires a mortuary to dispose of blood and excretions consistent with OSHA regulations and Centers for Disease Control (CDC) recommendations, is proposed to be readopted with technical amendments. The rule is also being amended to provide a reference to the CDC website which licensees and owners may use to access relevant CDC recommendations. N.J.A.C. 13:36-6.5, which requires all receptacles containing embalming fluid or any poisonous or dangerous substances to be marked in compliance with OSHA requirements, and N.J.A.C. 13:36-6.6, which prohibits the embalming of a body where circumstances indicate that the death resulted from unnatural causes, unless the body has been released by the proper authorities, are proposed to be readopted without amendment. The Board is proposing that N.J.A.C. 13:36-6.7, which prohibits an intern from embalming a body unless done under the supervision of a licensee, be readopted with amendments to clarify the heading of the rule. In addition, the Board is also proposing to amend this rule to clarify that intern embalming may only be performed under the supervision of a practitioner of mortuary science holding an active New Jersey license. The Board believes that such a requirement is necessary in order to ensure appropriate supervision of intern activities. N.J.A.C. 13:36-6.8 remains reserved.

Subchapter 7 sets forth special rules of practice. N.J.A.C. 13:36-7.1 establishes requirements for the handling and embalming of bodies with infectious or contagious diseases. The Board proposes that N.J.A.C. 13:36- 7.1 be amended to include interns in the list of persons delineated who are authorized to prepare a body for burial or transportation, and to include a specific reference to applicable OSHA regulations which must be followed in connection with the preparation of a body for burial or transportation. In addition, the Board has amended the rule to provide a reference to the CDC website, consistent with the amendment to N.J.A.C. 13:36-6.4 discussed above.

Subchapter 8 establishes general rules of practice. The Board is proposing to readopt N.J.A.C. 13:36-8.1, which provides that all licensees must carry a current identification card, with a clarifying amendment. N.J.A.C. 13:36- 8.2, which prohibits licensees from divulging any privacies, confidences or secrets discovered as a result of the practice of mortuary science, and N.J.A.C. 13:36-8.3, which provides that all licensees must safeguard the public health and the dignity of the deceased in the performance of their duties, are proposed to be readopted without amendment. The Board is also proposing that the following rules be readopted with technical or clarifying amendments: N.J.A.C. 13:36-8.4, which prohibits a licensee from engaging the services of any person other than his or her intern or another licensee to embalm a body; N.J.A.C. 13:36-8.5, which prohibits the unauthorized use of a practitioner's license; N.J.A.C. 13:36-8.6, concerning the use of business cards; N.J.A.C. 13:36-8.7, which concerns the authorized surrender of remains; N.J.A.C. 13:36-8.8, which prohibits a licensee from taking possession of, or embalming, remains without being authorized to do so by the appropriate authorities; N.J.A.C. 13:36-8.9, which provides that no unlicensed person, except interns, may make funeral arrangements or quote funeral prices on behalf of a licensee; N.J.A.C. 13:36-8.11, which sets forth the procedure that must be followed for a multiple burial in a coffin, casket or other container; and N.J.A.C. 13:36-8.13, concerning referral fees. In addition, the Board is proposing that N.J.A.C. 13:36-8.10, which requires a licensee to be present for internments, cremations and disinterments, and N.J.A.C. 13:36-8.12, which sets forth public accommodation requirements, be readopted without amendment.

Subchapter 9 concerns the prevention of unfair or deceptive acts and practices. N.J.A.C. 13:36-9.1 provides definitions for the words and terms used in the subchapter. The Board proposes to delete the definition of "Board" because the definition is included in proposed new rule N.J.A.C. 13:36-1.2. In addition, the Board is proposing to amend the definition of "funeral goods" to include urns. The definition of "funeral provider" is also being amended to clarify the term's intended meaning. Currently, the term is defined to mean any person, partnership or corporation that sells or offers to sell funeral goods and services and is a licensed practitioner of mortuary science or holds a certificate of registration. As written, the rule is inaccurate because business entities cannot be licensed as practitioners of mortuary science, and not all funeral providers need to be owners of registered mortuaries. As amended, "funeral provider" means any person, partnership or corporation that sells or offers to sell funeral goods and services that holds a certificate of registration, or any licensed practitioner of mortuary science in the State.

The Board proposes that N.J.A.C. 13:36-9.2, which provides that any violation of the rules of Subchapter 9 will be deemed professional misconduct, be readopted without amendment. N.J.A.C. 13:36-9.3, which provides that the failure to disclose required information will be deemed an unfair or deceptive practice, is proposed to be readopted with a technical amendment. N.J.A.C. 13:36-9.4, which requires licensees to disclose prices over the telephone, is proposed to be readopted without amendment. The Board is also proposing that N.J.A.C. 13:36-9.5 and 9.6, concerning casket and outer burial container price lists, be readopted with amendments. Both rules are proposed to be amended to clarify that the price lists may not contain any handwritten information, and must include the address and telephone number of the registered mortuary, as well as the name, license number and title of the manager.

The Board is also proposing that N.J.A.C. 13:36-9.7, which concerns the general price list, be amended to specify that the list not contain any handwritten information. The rule is also being amended to require the inclusion of the license number and title of the manager on the price list, in order to ensure consistency regarding this information on the various price lists which establishments are required to maintain and/or provide to consumers. The Board is proposing to move N.J.A.C. 13:36-9.7(a)5 to proposed new N.J.A.C. 13:36-9.7(d)2. In addition, the Board is proposing, as part of N.J.A.C. 13:36-9.7, a new subsection (d), which sets forth all the disclosure statements that must be included on the general price list. The statements include provisions advising consumers that they need only choose goods and services on the general price list which they desire to have provided by the funeral establishment and that the cost of certain items which the funeral establishment purchases on behalf of the consumer (such as cemetery or crematory services, flowers or newspaper notices) does not appear on the general price list, but will be calculated on the consumers' bill at a later date. The disclosure statements also include provisions regarding the selection and cost of embalming and direct cremation services and outer burial containers. The Board notes that all of the disclosures are currently contained in other sections of N.J.A.C. 13:36-9.7 or in other rules throughout Subchapter 9. The Board believes that grouping all of the disclosures together in a single section of a single rule will make the requirements much easier for licensees to find and follow.

N.J.A.C. 13:36-9.8, which requires funeral providers to provide the Statement of Funeral Goods and Services Selected to each person who arranges a funeral or other disposition of human remains, is proposed to be readopted with clarifying amendments. The Board is amending N.J.A.C. 13:36-9.9, 9.10 and 9.11, which establish requirements for the offering of goods and services relating to embalming, caskets for cremation, and outer burial containers, to delete the disclosure statements set forth in each rule because, as noted above, all the disclosure statements are proposed to be recodified in N.J.A.C. 13:36-9.7. Each rule is being amended to provide a cross reference to the disclosure provisions of N.J.A.C. 13:36-9.7. N.J.A.C. 13:36-9.12, which prohibits a licensee from representing that certain funeral goods or services are required to be purchased by a consumer under Federal, State or local law when such is not the case, and N.J.A.C. 13:36-9.13, which prohibit a licensee from representing that funeral goods have protective features when such is not the case, are proposed to be readopted without amendment. N.J.A.C. 13:36-9.14, which requires any cash advance item to reflect the actual cost to the funeral provider, and N.J.A.C. 13:36-9.15, which prohibits a licensee from requiring that a casket, other than an unfinished wood box, be purchased for a direct cremation, are also proposed to be readopted without amendment. The Board is proposing that N.J.A.C. 13:36- 9.16, which prohibits a licensee from conditioning the provision of goods and services upon the purchase of other goods and services not requested by the person arranging the funeral, and N.J.A.C. 13:36-9.17, which prohibits a licensee from embalming a body for a fee unless State or local law requires embalming, be amended to delete the disclosure provisions contained in each rule, consistent with the amendments to N.J.A.C. 13:36-9.7 discussed above. N.J.A.C. 13:36-9.16 is being amended to provide cross references to the disclosure provisions of N.J.A.C. 13:36-1.9. and 9.7. In addition, N.J.A.C. 13:36-9.17 is being amended to provide a cross reference to the disclosure provisions of N.J.A.C. 13:36-1.9.

The Board is proposing that N.J.A.C. 13:36-9.18, which requires a licensee to retain various documents, be amended to increase the amount of time that such documents must be retained. Specifically, the Board is amending N.J.A.C. 13:36-9.18 to require that copies of all price lists specified in N.J.A.C. 13:36-9.5, 9.6, and 9.7 be retained for at least three years after the date of their last distribution to customers, as opposed to the current one year requirement. The Board believes increasing the requirement to three years will help to ensure that such documents are available for review in cases where disputes arise between the registered mortuary and customers concerning the information contained in the price lists. In addition, the Board is amending the requirement in N.J.A.C. 13:36-9.18, which requires the retention of copies of completed Statement of Funeral Goods and Services Selected for six years, to require the copies to be retained for seven years. The Board is proposing this amendment to make this rule consistent with the record retention amendments being proposed in N.J.A.C. 13:36-1.8. N.J.A.C. 13:36-9.19, which requires a licensee to make all disclosures to consumers in a clear and conspicuous manner, is proposed to be readopted without amendment.

Subchapter 10 sets forth the Board's rules concerning continuing education. N.J.A.C. 13:36-10.1, which sets forth the purpose and scope of the rules of the subchapter, is proposed to be readopted without amendment. The Board is proposing that N.J.A.C. 13:36-10.2, which defines relevant terms and phrases used throughout the subchapter, be amended to delete the definition of "Board" as the term is now defined in proposed new rule N.J.A.C. 13:36-1.2. The Board is proposing that N.J.A.C. 13:36-10.3, which sets forth the minimum credit hours for biennial license renewal, be amended to clarify the current requirement that each applicant for biennial license renewal complete a minimum of 10 credit hours of continuing education during the preceding biennial period. N.J.A.C. 13:36-10.4, which delineates categories of individuals that are exempt from the continuing education requirements of the subchapter, is being amended to delete existing subsection (b), which provides an exemption for inactive licensees. Subsection (b) is duplicative of the provision already contained in existing subsection (c) and, therefore, is unnecessary. Existing subsection (c) is proposed to be recodified as subsection (b), without amendment.

N.J.A.C. 13:36-10.5, which concerns the waiver of continuing education requirements, is proposed to be readopted with technical amendments. N.J.A.C. 13:36-10.6, which establishes the Credentials Committee to assist the Board in creating guidelines and criteria for the approval of continuing education courses and seminars, is proposed to be amended to delete the provisions which set forth the membership and organization of the Committee. The Board believes that the Committee's membership and organization should not be the subject of regulatory action. Rather, decisions affecting this Committee, as is the case with all other Board committees, should be made by the Board in its administrative capacity. N.J.A.C. 13:36-10.7, which sets forth the criteria for continuing education programs, and N.J.A.C. 13:36- 10.8, which provides a list of preapproved sources of continuing education credit, are proposed to be readopted without amendment.

N.J.A.C. 13:36-10.9, which sets forth the procedure for approval of continuing education course or program offerings, is proposed to be amended to require a provider to apply for approval either prior to offering a course or program, or no later than six months following the offering. N.J.A.C. 13:36- 10.10 establishes credit hour reporting procedures. Currently, subsection (a) of N.J.A.C. 13:36-10.10 provides that at the time of application for biennial license renewal, a licensee must provide, on a form approved by the Board, a signed statement certifying that the licensee has completed the required amount of continuing education. The rule further provides that the statement must include the date each course was attended, the number of credits claimed, the title of the course, a description of the course content, the name of the sponsor, the name of the instructor, and the course location. The Board is proposing to amend subsection (a) to delete the requirement that the licensee's statement contain the information specified in the rule because, currently, the Board-approved form that licensees must submit for biennial license renewal does not require the submission of such information. The Board is also proposing to amend subsection (c) of N.J.A.C. 13:36-10.10 to clarify that failure to maintain continuing education records or falsification of any information submitted to the Board may result in the assessment of penalties, upon notice to the licensee and the opportunity to be heard. N.J.A.C. 13:36- 10.11, which concerns continuing education requirements for licensees seeking reinstatement, is proposed to be readopted with a clarifying amendment.

Subchapter 11 sets forth the rules applicable to licensees and registered mortuaries providing prepaid funeral arrangements. N.J.A.C. 13:36-11.1 sets forth the definitions of relevant terms and phrases used throughout the subchapter. The Board is proposing to delete the definitions provided for "Board" and "licensee" because the definitions are contained in proposed new rule N.J.A.C. 13:36-1.2. The Board is also proposing technical amendments to the definition of "Statement of Funeral Goods and Services Selected." N.J.A.C. 13:36-11.2, which provides that a licensee must provide the purchaser of a preneed arrangement with a prepaid funeral agreement, a Statement of Funeral Goods and Services Selected and a valid price list, is proposed to be readopted with technical and clarifying amendments. In addition to these amendments, the Board is proposing that N.J.A.C. 13:36-11.2 be amended to direct licensees to complete a Statement of Funeral Goods and Services Selected when at need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement. The Board is proposing this amendment in order to make this rule consistent with the provisions of N.J.A.C. 13:36-1.9, which requires that the Statement of Funeral Goods and Services Selected be completed for both at need and preneed arrangements. N.J.A.C. 13:36-11.3, which sets forth the contents of prepaid funeral agreements, and which currently provides, in paragraph (a)1, that every agreement must contain the name and license number of the provider, is proposed to be amended to require the inclusion of the provider's title, as well as the name, title and license number of the establishment's manager, if different from the provider making the arrangements. The Board believes that the inclusion of this information on the prepaid agreement is a necessary consumer protection measure because it will provide consumers with additional information concerning the responsible individuals at the funeral home who may be contacted should questions concerning the agreement arise. The Board notes that the proposed amendments to N.J.A.C. 13:36-11.3(a)1 will not become effective for six months following the publication of the adoption of the amendments because the Board believes that immediate application of the changes could impose a financial hardship upon funeral providers, to the extent that the changes would require providers to print new agreement forms which comply with the new requirements of the rule.

The Board is proposing that the following rules in Subchapter 11 be readopted without amendment: N.J.A.C. 13:36-11.4, which delineates requirements applicable to prepaid funeral agreements funded by funeral insurance policies; N.J.A.C. 13:36-11.5, which concerns funeral trusts converted into funeral insurance policies; N.J.A.C. 13:36-11.6, which sets forth the requirements for irrevocable funeral agreements; N.J.A.C. 13:36-11.7, which concerns pooled trusts accounts; N.J.A.C. 13:36-11.8, which provides for commissions on pooled trust accounts; N.J.A.C. 13:36-11.9, which concerns the application of interest income; N.J.A.C. 13:36-11.10, which requires a licensee to provide a purchaser with any periodic statements received from the trustee of the trust, reflecting the amount of the principal and accrued interest, if any; N.J.A.C. 13:36-11.11, which provides that all documentation to be signed by the purchaser must be completed and signed by the provider prior to the purchaser' s signature; and N.J.A.C. 13:36-11.13, which concerns the return of prepaid moneys upon a revocation or an impossibility of performance, or the transfer of arrangements.

The Board is proposing to amend N.J.A.C. 13:36-11.12, which prohibits the commingling of preneed funds, N.J.A.C. 13:36-11.14, which delineates other prohibited acts and practices associated with preneed agreements, and N.J.A.C. 13:36-11.15, which concerns aiding and abetting and vicarious liability for actions which violate the preneed arrangement rules, to delete the references throughout the rules to "licensee." As currently written, the rules refer to "provider or licensee." The reference to both, however, is redundant because the definition of "provider" in N.J.A.C. 13:36-11.2 already includes licensees. The Board is also deleting other redundant references throughout the rules including, "employees of the provider" or "persons acting on behalf of the provider," as those persons are also already captured under the current "provider" definition. The Board is also proposing an amendment to subsection (d) of N.J.A.C. 13:36-11.15. The subsection currently provides that any provider who has knowledge of any violation of Subchapter 11 or of the preneed statutes by any licensee, person, firm or corporation, shall immediately report the violation to the Board. The Board is proposing to amend the subsection to also impose this duty to report upon any licensee who has knowledge of any violation. Under the proposed amendment, licensees who are not associated with the provider of the preneed arrangement will now be required to report any suspected violation of preneed requirements. The Board believes such a requirement is necessary in order to ensure that it is made aware of violations of preneed regulations and laws, so as to better protect consumers.

The Board proposes to amend N.J.A.C. 13:36-11.16, which sets forth requirements for maintaining a preneed ledger and other records associated with active prepaid funeral agreements. Paragraph (e)3, which currently requires the provider's records to contain the original Statement of Funeral Goods and Services Selected, is proposed to be amended to require the record to also contain any revised preneed Statement of Funeral Goods and Services Selected that may have been completed, as well as the at need Statement of Funeral Goods and Services Selected required consistent with the provisions of N.J.A.C. 13:36-1.9. In addition, the Board is proposing to amend subsection (g), which currently requires such records be maintained for six years, to require the records be retained for seven years, consistent with the requirements in N.J.A.C. 13:36-1.8.

N.J.A.C. 13:36-11.17, which sets forth the circumstances under which the Board must be provided with a copy of the preneed ledger, is proposed to be amended to clarify that the obligation to provide the Board with such documentation rests with both the manager and the owner of the registered mortuary. In addition, the rule is proposed to be amended to provide that the Board must be notified of any bankruptcy filing on the part of the provider, as well as the owner of the registered mortuary. The rule currently provides that notification is only required when the provider files for bankruptcy. N.J.A.C. 13:36-11.18, which requires notification to the owners of all prepaid funeral agreements whenever there is a transfer of ownership, is proposed to be amended to clarify that whenever a new certificate of registration is issued, the new manager or the owner of the registered mortuary must comply with the notification requirements of the rule. Currently, the rule imposes this notification obligation upon the manager alone. The rule is also being amended to clarify that proof of the notification must be maintained by the registered mortuary consistent with the recordkeeping requirements of N.J.A.C. 13:36-1.8. The Board is proposing similar amendments to N.J.A.C. 13:36-11.19, which requires that whenever a mortuary discontinues business or files for bankruptcy, the manager must provide written notification of the discontinuation or bankruptcy to all purchasers of active prepaid funeral agreements. The proposed amendments will also impose the notification obligation upon the owner of the registered mortuary, and will require proof of the notification to be maintained by the registered mortuary consistent with the recordkeeping requirements of N.J.A.C. 13:36-1.8.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the existing rules, which have been in effect for the past five years, have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of mortuary science. These rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of the practice of mortuary science for the benefit of all licensed practitioners, establishment owners and applicants for licensure. The readoption of N.J.A.C. 13:36 is essential in order for the Board to continue to regulate the practice of mortuary science, to identify those individuals who are qualified to engage in the practice of mortuary science, and to ensure that every licensed practitioner, registered mortuary and applicant for licensure is aware of the procedures involved with licensure.

The readoption of N.J.A.C. 13:36 continues the accepted standards of the practice of mortuary science established by the Board, and by so doing, provides licensed practitioners, registered mortuaries and applicants for licensure with a clear and comprehensive set of rules to guide them in their professional practice. Applicants for licensure will benefit by having a set of rules which govern the manner in which they may qualify for licensure. The Board also believes that licensees will benefit from the readoption, as a result of the uniform standards that will be applied throughout the profession. Registered mortuaries will benefit by having clear and comprehensive standards which govern the operation and maintenance of all funeral establishments.

The Board also believes that the rules proposed for readoption will have a positive impact upon the general public by continuing to safeguard public health and safety by ensuring the maintenance of professional practice standards, which will enable licensees and registered mortuaries to provide the highest quality professional services in the practice of mortuary science.

The Board also believes that the proposed amendments to Chapter 36 and the proposed new rules will have a positive impact upon the licensed community and upon the consumers they serve. Specifically, the Board believes that the proposed amendments to N.J.A.C. 13:36-1.8 will help clarify for licensees their recordkeeping obligations. The additional information that must now be retained as part of a funeral record, the Board believes, will help to ensure that the mortuary's records are as complete and accurate as possible. The Board believes that the proposed amendments to N.J.A.C. 13:36-1.9, outlining the information that must be included on the Statement of Funeral Goods and Services Selected, will also help to ensure that the statement is as accurate and complete as possible so that it may be utilized by both licensees and consumers for funeral planning purposes.

The proposed amendments to N.J.A.C. 13:36-2.3 and 2.5, which will require interns to assist in the arranging of at least 25 funerals as part of their training, will have a positive impact upon the regulated community by helping to ensure that intern training is balanced and well-rounded. The Board believes that proposed new rule N.J.A.C. 13:36-2.5, which provides that the failure on the part of the preceptor to file any required reports will be deemed professional misconduct and could subject the preceptor to penalties, will have a positive impact upon licensees who serve as preceptors by clarifying their obligations under the subchapter.

The proposed amendments to N.J.A.C. 13:36-3.7, which establish requirements for taking the practical examination, will have a positive impact upon candidates for licensure to the extent that the amendments clarify that the practical examination can be taken no sooner than 90 days before, or no later than 90 days after, completion of a candidate's internship period. The proposed amendment also clarifies for candidates under what circumstances re- registration as an intern is required prior to taking the practical examination. In addition, the Board believes that proposed new rule N.J.A.C. 13:36-3.8, which imposes an expiration date upon the results of the Mortuary Jurisprudence and practical examinations, will have a positive impact upon the regulated community and upon consumers by ensuring that a candidate's professional knowledge is current, and that it has not been diminished by the passage of an inordinate amount of time between taking the examinations and obtaining a license.

The Board believes that the proposed amendments to N.J.A.C. 13:36-4.1, which impose requirements for license and certificate of registration renewal and reinstatement following a failure to renew, will have a positive impact upon licensee and certificate of registration holders to the extent that the proposed amendments clarify what steps such persons must follow in order to ensure that their licenses and permits remain in good standing. The proposed amendments to N.J.A.C. 13:36-4.4, 4.6 and 4.7 will have a positive impact upon certificate of registration holders by clarifying that the requirements in the rules concerning applications for new mortuaries are applicable to all business entities that hold mortuary certificates of registration in the State. The Board believes that the proposed amendments to N.J.A.C. 13:36-4.8, which will now require all establishments, regardless of the structure of the business, to operate under the direction of a full-time licensed manager and establish requirements for operation when the manager is terminated, will help to ensure the proper operation of all mortuaries in the State.

The proposed amendments to N.J.A.C. 13:36-4.14, which delineate procedures for renewing a license as inactive, will benefit licensees who may choose such an option upon license renewal. The amendments specify what steps such licensees must take and what obligations will be imposed upon them should they choose to return to the active practice of mortuary science. The Board also believes that the proposed new rule at N.J.A.C. 13:36-4.15 will have a positive impact upon the regulated community by clarifying for licensees and registered mortuary owners that they are responsible for compliance with all laws and regulations governing the practice of mortuary science in the State, and that violations of any Board rules may subject them to disciplinary action.

The Board believes that the proposed amendments to Subchapter 5 will have a positive impact upon mortuaries throughout the State by clarifying operational requirements, such as when and where the manager's name must be displayed pursuant to N.J.A.C. 13:36-5.1, what requirements must be satisfied prior to the transfer of an establishment to a new location pursuant to N.J.A.C. 13:36-5.3, minimum requirements for the physical structure of the mortuary pursuant to N.J.A.C. 13:36-5.4, and the minimum equipment needed for the proper maintenance of preparation rooms pursuant to N.J.A.C. 13:36-5.6. The proposed amendments to N.J.A.C. 13:36-5.12 and 5.14 will also have a positive impact upon the operation of registered mortuaries throughout the State and upon consumers to the extent that the amendments clarify requirements for the proper content of advertisements, as well as the procedures that must be followed when the functions of a mortuary must be discontinued.

The Board believes that the proposed amendments to the rules in Subchapter 9, which establish requirements for preventing unfair or deceptive acts or practices, will have a positive impact upon licensees, registered mortuary owners and consumers, by ensuring that the rules are easier to follow for the protection of all parties to the funeral arrangements. Specifically, the proposed amendments to N.J.A.C. 13:36-9.5, 9.6 and 9.7, the Board believes, will ensure that the casket price list, the outer burial container price list, and the general price list, contain information that is necessary for consumers to make informed choices regarding funeral arrangements. The proposed amendments to the rules in Subchapter 10 will have a positive impact upon licensees by clarifying their continuing education obligations. The proposed amendments to the rules in Subchapter 11 will also have a positive impact upon licensees, establishment owners and consumers by clarifying the rights and responsibilities of the parties in connection with the execution of prepaid funeral arrangements.

Economic Impact

The Board has reviewed its financial position and has determined that its fee schedule, N.J.A.C. 13:39-1.6, is sufficient to comport with the requirements of N.J.S.A. 45:1-3.2, which provides that professional boards in the State must collect revenues necessary to fund reasonable and necessary expenses, but prohibits the collecting of funds which exceed such expenses. Thus, readoption of the existing rules will enable the Board to continue to appropriately execute its functions without generating a surplus. The Board notes that the proposed inclusion of a new fee for inactive license renewal to the fee schedule will not result in any significant impact upon the Board's financial position or upon licensees. Currently, licensees seeking inactive status but who wish to obtain printed information disseminated by the Board to active licensees are required to renew their licenses as active and remit the much higher active renewal fee set forth in N.J.A.C. 13:36-1.6. Consistent with the proposed amendment to N.J.A.C. 13:36-4.14, licensees electing to renew as inactive paid will be provided with all information disseminated by the Board to active licensees throughout the biennial renewal period. The Board believes that this new fee will result in a cost savings for licensees who elect to avail themselves of the option of renewing as inactive paid.

The Board anticipates that the proposed readoption of the current rules in Chapter 36 will not impose any new or additional costs upon applicants for licensure, licensees, registered mortuaries or consumers. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past five years.

The rules in Subchapter 1 will continue to have an economic impact upon applicants for licensure, licensees and establishment owners to the extent that such persons will be required to remit to the Board the fees specified in N.J.A.C. 13:36-1.6.

The rules in Subchapter 2 will continue to have an economic impact upon those applicants for licensure who are completing the required period of internship and also upon licensees who serve as intern preceptors to the extent that interns and licensees will incur administrative costs associated with applying to the Board for internship approval and in submitting the documentation required for periodic Board review.

Subchapter 3 outlines the rules applicable to the licensing examinations. The proposed readoption of the rules in Subchapter 3 will continue to have an economic impact upon applicants for licensure to the extent that applicants will incur costs associated with passing the required licensure examinations, and in submitting the required licensure application and supporting materials to the Board for its review.

The proposed readoption of the rules in Subchapter 4, which sets forth the requirements concerning license and registration renewals, will continue to have an economic impact upon licensees to the extent that licensees will incur costs associated with renewing their licenses and with notifying the Board of any change in their personal or professional information on file with the Board, as is required under the rules of the subchapter. In addition, the proposed readoption of the rules in this subchapter will continue to have an economic impact upon establishment owners to the extent that applicants for certificates of registration will incur costs associated with submitting the required application and supporting materials to the Board for its review. Establishment owners will also be economically impacted as a result of the readoption of the rules in Subchapter 4 to the extent that they incur costs associated with notifying the Board of any changes in ownership or location of the permitted establishment.

The proposed readoption with amendments of Subchapter 5 will continue to have an economic impact upon establishment owners to the extent that mortuaries may only operate consistent with the requirements set forth in the rules. Establishment owners will be economically impacted as a result of the readoption of the rules in this subchapter to the extent that they incur costs associated with ensuring compliance with the facility, equipment, personnel, advertising and operational requirements imposed under the rules.

The proposed readoption of the rules in Subchapters 6 and 7 will continue to have an economic impact upon establishment owners to the extent that they incur costs associated with ensuring compliance with the embalming procedures established throughout Subchapter 6, and with the procedures established for the handling of bodies that have died from an infectious or contagious disease set forth in Subchapter 7.

Subchapter 8 will continue to have an economic impact upon licensees and establishment owners to the extent that the rules prohibit licensee and owners from employing any unlicensed persons, other than interns, to perform embalming procedures or to engage in the management of the funeral establishment.

The proposed readoption of the rules of Subchapter 9 will continue to have an economic impact upon licensees and establishment owners to the extent that licensees and owners are prohibited from engaging in any of the business practices delineated in the rules which have been deemed unfair or deceptive. In addition, establishment owners will continue to be economically impacted by the readoption of the rules in Subchapter 9 to the extent that they incur administrative costs associated with maintaining the various price lists which are required to be provided to consumers.

The rules of Subchapter 10 will continue to have an economic impact upon licensees to the extent that they will incur costs associated with satisfying the continuing education requirements set forth in the subchapter. The proposed readoption of the rules in Subchapter 10 will also have an economic impact upon sponsors of continuing education courses or programs to the extent that sponsors will incur administrative expenses associated with submitting the documentation required to obtain Board approval for their courses or programs.

The proposed readoption of the rules in Subchapter 11 will continue to impose economic costs upon establishments owners that offer preneed funeral arrangements to the extent that they will incur costs associated with ensuring compliance with preneed funeral arrangement content, management and execution requirements established throughout the subchapter.

The Board does not anticipate any new or additional economic impact that may be imposed on licensees, registered mortuaries or consumers as a result of the proposed amendments and proposed new rules, with the exception of the following. The proposed amendments to N.J.A.C. 13:36-1.8, which requires a licensee to maintain records for seven years, rather than six years, may have an economic impact upon licensees to the extent that licensees must maintain adequate office space and supplies for the retention of such records for an additional year. The proposed amendments to the Statement of Funeral Goods and Services Selected set forth at N.J.A.C. 13:36-1.9 may also have an economic impact upon licensees and establishment owners to the extent that the forms utilized by registered mortuaries will need to be changed to comply with the new requirements set forth in the rule. The Board notes, however, that the proposed changes will not become operative until six months following the publication of the adopted changes. The Board believes that this six month delay will lessen the economic impact that may be borne by registered mortuaries by providing the mortuaries with sufficient time in which to deplete their existing supply of statements.

Proposed new rule N.J.A.C. 13:36-2.15 may have an economic impact upon licensees who serve as intern preceptors to the extent that a preceptor's failure to file any reports required under the rules in Subchapter 2 will be deemed professional misconduct and will subject the licensee to penalties. The proposed amendments to N.J.A.C. 13:36-3.7, which require a candidate for licensure to take the practical examination no sooner than 90 days before or no later than 90 days after the completion of the internship, may have an economic impact upon candidates for licensure to the extent that a candidate must wait the prescribed period of time prior to taking the examination and obtaining his or her license. In addition, the proposed amendments to N.J.A.C. 13:36-3.7 may require a candidate to re-register as an intern if the prescribed period has passed, necessitating the payment of additional fees prior to the candidate being eligible to sit for the examination and receive his or her license. Proposed new rule N.J.A.C. 13:36-3.8, which provides that passing scores on the Mortuary Jurisprudence and practical examinations administered by the Board will only be valid for three years from the date of passage of the respective examinations, may have an economic impact upon candidates who fail to obtain licensure within three years of successful passage of the examinations. Such candidates will be required to retake the examinations.

The proposed amendments to N.J.A.C. 13:36-4.1, concerning licensure and certificate of registration renewal, suspension and reinstatement, may have an economic impact upon licensees and mortuary owners to the extent that licensees and certificate of registration holders who submit their renewal applications within 30 days after their license or certificate of registration expiration date must submit a late fee, in addition to the standard license or certificate of registration renewal fee charged by the Board. In addition, licensees and owners who have had their licenses or certificates of registration suspended for failure to renew within 30 days after the license or certificate of registration expiration date will incur additional costs if they wish to have their license or certificate of registration reinstated. A licensee seeking reinstatement within five years of the date his or her license expired must submit a completed licensure application, an application fee, all past delinquent renewal fees, a reinstatement fee, and evidence of having completed all delinquent continuing education credits. A licensee seeking reinstatement more than five years following license suspension must also complete an internship under the supervision of a Board licensee, and must retake and pass the practical and Mortuary Jurisprudence examinations. A mortuary owner seeking the reinstatement of the mortuary's certificate of registration which has been suspended for failure to renew must submit a completed application, an application fee, all past delinquent renewal fees and a reinstatement fee.

The proposed amendments to N.J.A.C. 13:36-4.8, which require all establishments, regardless of the structure of the business, to operate under the direction of a full-time licensed manager and impose requirements for operation of the establishment when the manager is terminated, may have an economic impact upon mortuaries in the State that do not currently employ full- time managers to the extent that they will be required to obtain the services of licensed managers. As noted above, the proposed amendments to N.J.A.C. 13:36-4.14, which allows a licensee to renew his or her license as inactive, may also have an economic impact upon licensees electing inactive paid status to the extent that such licensees will be required to remit the fee set forth in N.J.A.C. 13:36-1.6. In addition, any inactive licensee who wishes to resume the active practice of mortuary science must also submit evidence to the Board of having completed the required number of continuing education credits and must remit the renewal fee for the current biennial registration period as set forth in N.J.A.C. 13:36-1.6.

The proposed amendments to N.J.A.C. 13:36-5.1, which require the license number and title of the manager to now appear on all stationery, billheads, advertising and price lists, as well as the proposed amendments to N.J.A.C. 13:36-5.12, which require all stationery to also include the address and telephone number of the registered mortuary, may have an economic impact upon funeral establishments to the extent that the amendments may require the re- printing of stationery, billheads, advertisements and price lists. The Board notes, however, that the proposed amendments will not become effective for six months following the publication of the adopted amendments, thereby providing funeral establishments with sufficient time in which to utilize their current supply of stationery, billheads, price lists and advertisements. In addition, the proposed amendment to N.J.A.C. 13:36-5.1, which requires a licensee who is retained as the manager of more than one registered mortuary to obtain a duplicate license to be posted in the other establishment, will have an economic impact upon such licensee to the extent that he or she will be required to remit a fee in order to obtain a duplicate license.

The proposed amendment to N.J.A.C. 13:36-5.4 may have an economic impact upon registered mortuaries to the extent that the proposed amendment, which requires that any break room maintained by the mortuary be separate and distinct from the preparation room and inaccessible to the public, will require compliance with the specifications in the rule for the construction and maintenance of such rooms. The proposed amendment to the equipment requirements set forth at N.J.A.C. 13:36-5.6 may also have an economic impact upon registered mortuaries to the extent that all mortuaries must now have an electrically-powered embalming machine in their preparation rooms.

The proposed amendment to N.J.A.C. 13:36-5.14, which requires a registered mortuary that is permanently closed for business to submit to the Board a copy of the notice, with proof of service, sent to all preneed purchasers regarding the discontinuation may have an economic impact upon registered mortuaries to the extent that the establishments incur administrative costs associated with submitting the required documentation to the Board. The proposed amendments to N.J.A.C. 13:36-9.5, 9.6 and 9.7, concerning information which must be included on casket price lists, outer burial container price lists and general price lists may have an economic impact upon registered mortuaries to the extent that the current price lists utilized by establishments may not be consistent with the new requirements outlined in the proposed amendments. Registered mortuaries, therefore, may be required to update their existing lists or create new lists. The proposed amendment to N.J.A.C. 13:36-9.18, which will require copies of completed Statement of Funeral Goods and Services Selected to be maintained for seven years, rather than six years, may have an economic impact upon registered mortuaries to the extent that establishments may need added space and supplies to maintain and store such records for an additional year.

The proposed amendments to N.J.A.C. 13:36-10.9 may have an economic impact upon continuing education sponsors to the extent that sponsors must seek approval for a course no later than six months following the course offering. Sponsors may incur administrative expenses associated with complying with the six month filing deadline. In addition, the proposed amendment to N.J.A.C. 13:36-10.9 may also have an economic impact upon licensees who elect to enroll in courses that have not yet received Board approval. If a sponsor fails to comply with the deadline, licensees may not count the course or program toward satisfaction of the continuing education requirements.

The proposed amendments to N.J.A.C. 13:36-11.3, which will require the name, title and license number of the manager to be included on all preneed funeral arrangements, may economically impact registered mortuaries to the extent that the changes may require the re-printing of prepaid funeral agreements. The Board notes, however, that the proposed changes will not become effective for six months following the publication of the adopted amendments, thereby providing funeral establishments with sufficient time in which to utilize their current supply of pre-printed forms. In addition, the proposed amendments to N.J.A.C. 13:36-11.18 and 11.19, which require registered mortuaries to retain copies of notices sent to preneed funeral purchasers regarding the transfer of ownership or business dissolution or bankruptcy, may have an economic impact upon registered mortuaries to the extent that establishments may incur increased administrative expenses associated with the retention of such documentation.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments and proposed new rules are governed by N.J.S.A. 45:7-32 et seq., and are not subject to any Federal standards or requirements. Although the rules in N.J.A.C. 13:36 are not subject to any Federal requirements or standards, where deemed appropriate, the Board has incorporated Federal standards. Specifically, N.J.A.C. 13:36-6.2 requires all persons engaged in the embalming of a dead human body to be outfitted in protective apparel in compliance with OSHA requirements as outlined in 29 C.F.R. 1910.1030. Similarly, N.J.A.C. 13:36-6.4 requires all practitioners to dispose of blood and excretions of a dead human body pursuant to OSHA requirements outlined in 29 C.F.R. 1910.1030. N.J.A.C. 13:36-6.5 provides that all receptacles containing embalming fluid, formaldehyde or other poisonous or dangerous substances be plainly marked in compliance with 29 C.F.R. 1910.1048. N.J.A.C. 13:36-7.1, which concerns the handling and embalming of bodies dead as a result of an infectious or contagious disease, provides that all personnel must comply with OSHA regulations set forth at 29 C.F.R. 1910.1030 and that all fluids or other matters removed from such a body during the embalming process must be disposed of in accordance with all applicable Federal laws governing medical and infectious waste.

The rules of Subchapter 9 also incorporate many of the requirements of the Federal Trade Commission's rules on funeral practice set forth at 16 C.F.R. 453.1 through 453.5, governing disclosures required on the Statement of Funeral Goods and Services Selected, general price list, outer burial container price list, and casket price list.

Jobs Impact

The Board does not anticipate that the rules proposed for readoption with amendments or the proposed new rules will affect either the number of candidates applying for licensure as practitioners of mortuary science or the number of licensees or certificate of registration holders authorized to engage in the practice of mortuary science in the State. Therefore, the Board does not anticipate that the rules proposed for readoption with amendments or the proposed new rules will result in an increase or decrease in the number of jobs in the State.

Agriculture Industry Impact

The Board does not anticipate that the rules proposed for readoption with amendments or proposed new rules will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to provide a description of the types and an estimate of the number of small businesses to which the proposed readoption with amendments and proposed new rules will apply. Currently, the Board licenses approximately 1,807 practitioners of mortuary science and registers approximately 774 mortuaries. If Board licensees and certificate of registration holders are considered "small businesses," within the meaning of the Act, then the following analysis applies.

The Act requires the Board to set forth reporting, recordkeeping and other compliance requirements of the rules proposed for readoption with amendments and the proposed new rules, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed readoption with amendments and new rules, to outline the manner in which it has designed the proposed readoption with amendments and new rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules proposed for readoption with amendments and new rules establish differing compliance requirements for small businesses.

The rules proposed for readoption with amendments and new rules will impose various reporting, recordkeeping and compliance requirements upon Board licensees and certificate of registration holders. These requirements are discussed in the Summary statement above.

No additional professional services will be needed to comply with the proposed readoption with amendments and new rules. In addition, the Board does not believe that there will be any significant additional economic impact upon licensed practitioners of mortuary science and owners of registered mortuaries as a result of the proposed readoption with amendments and new rules. The costs of compliance with the rules proposed for readoption with amendments and new rules are discussed in the Economic Impact statement above. The Board believes that the rules proposed for readoption with amendments and new rules should be uniformly applied to all licensed practitioners of mortuary science and all owners of registered mortuaries in order to ensure the health, safety and welfare of the general public in the provision of mortuary services and, therefore, no differing compliance requirements for any licensees or certificate of registration holders are provided based upon the size of the business.

Smart Growth Impact

The Board does not believe that the rules proposed for readoption with amendments or the proposed new rules will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:36.

Full text of the proposed amendments, repeals and new rules follows :

<< NJ ADC 13:36-1.2 >>

13:36-1.2 <<-(Reserved)->> <<+Definitions+>>

<<+The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.+>>

<<+"Board" means the State Board of Mortuary Science of New Jersey.+>>

<<+"Licensee" means a person licensed to engage in the practice of mortuary science in the State of New Jersey and includes embalmers, funeral directors, practitioners, and practitioners of mortuary science.+>>

<<+"Registered mortuary" means any individual, partnership, limited liability partnership, limited liability company, corporation or other business entity issued a certificate of registration for a place or premises to be used in the care and preparation for burial, disposition, or transportation of dead human bodies in the State of New Jersey and includes funeral establishments, funeral homes and mortuaries.+>>

<<+"Intern" means a person registered with the Board who is engaged in learning to practice as a practitioner of mortuary science under the supervision of a Board licensee, and includes registered trainees.+>>

<<+"Manager" means a licensee responsible for the direction, management and control of all work emanating from a funeral establishment.+>>

<<+"Owner" means any individual, partnership, limited liability partnership, limited liability company, corporation or other business entity that sells or offers to sell funeral goods and funeral services to the public and holds a certificate of registration to operate a registered mortuary in the State.+>>

<< NJ ADC 13:36-1.5 >>

13:36-1.5 Inspector's duties

(a) The inspector shall:

1. Inspect mortuaries <<-for cleanliness wherein practitioners of mortuary science are practicing->> <<+to ensure compliance with the provisions of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq., and the rules governing the practice of mortuary science in the State set forth in this chapter+>>;

2.-4. (No change.)

5. Visit any place where the practice of embalming is being conducted or where a funeral is in <<+the+>> process of being directed; provided, however, that such visitation shall be made in a respectful and decorous manner, as may be fitting the presence of the dead;

6. (No change.)

(b) (No change.)

<< NJ ADC 13:36-1.6 >>

13:36-1.6 Fees and charges

(a) The <<-State->> Board <<-of Mortuary Science->> shall charge the following fees:

1.-8. (No change.)

9. Biennial license renewal fees:

i.-ii. (No change.)

iii. Late renewal fee ............................................ $100.00
iv. Inactive paid license renewal ................................ $125.00
10.-13. (No change.)
14. Reinstatement fee ............................................ $150.00
15. (No change.)

<< NJ ADC 13:36-1.8 >>

13:36-1.8 Recordkeeping <<-by practitioner of mortuary science->>

(a) The registered mortuary shall maintain full, accurate records of all funerals which it conducts or in which it participates in any manner, <<+ except as provided in N.J.A.C. 13:36-4.13+>>.

(b) <<-Such->> <<+Funeral+>> records <<-are to->> <<+shall+>> be kept, electronically or otherwise, on an annualized basis for <<- six->> <<+seven+>> years and each funeral <<-will->> <<+shall+>> be designated by a number assigned consecutively at the time funeral arrangements are made. The information on such records shall be recorded after the completion of each funeral. <<+The oldest six years of information shall be maintained in such a manner so as to be retrievable and readable within two weeks. The most recent one year of information shall be immediately retrievable and readable.+>>

(c) Such records <<-are to->> <<+shall+>> include the following if applicable:

1. (No change.)

2. <<-Cemetery->> <<+The name and location of the cemetery+>> in which burial was made or <<+the+>> name <<+and location+>> of <<+ the+>> crematorium where appropriate, and the charges made by the cemetery or crematorium;

3.-4. (No change.)

5. Date of disposition; <<-and->>

6. The final bill<<-.->><<+;+>>

<<+7. A copy of the completed New Jersey Death Certificate, if the death occurred in the State, or if the death occurred outside of the State, a copy of the burial or transit papers or other final disposition documents; and+>>

<<+8. A copy of the disinterment permit.+>>

<< NJ ADC 13:36-1.9 >>

13:36-1.9 Statement of Funeral Goods and Services Selected

(a) <<-The->> <<+When making preneed and/or at need funeral arrangements, as defined in N.J.A.C. 13:36-11.1, the+>> practitioner shall compile a <<-"->>Statement of Funeral Goods and Services Selected<<-" form->>. The <<-form->> <<+statement+>> shall be on a <<- single->> <<+pre-printed, single-sided+>> sheet of paper <<+that is at least 8 1/2 inches by 11 inches, but no more than 8 1/2 inches by 14 inches+>>, and shall include at least the following information:

1. The full name of the funeral home, address, telephone number, manager's name<<+, title and license number,+>> and funeral file number<<+, and whether the statement is being completed for an at need arrangement or a preneed arrangement, as defined in N.J.A.C. 13:36-11.1, or for a price quotation only+>>;

2. The full name, legal address, <<-and->> <<+date of birth,+>> date and place of death<<+, and sex+>> of the deceased;

3. The name and address of the <<-person->> <<+consumer+>> making the funeral arrangements;

<<+4. The following disclosures:+>>

<<+i. "Charges are only for those items that are used. If we are required by law to use any items, we will explain the reasons in writing below." and+>>

<<+ii. "If you selected a funeral which requires embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct cremation or immediate burial. If we charged for embalming, we will explain why below."+>>

<<-4.->><<+5.+>> (No change in text.)

<<-5.->><<+6.+>> All charges relative to the funeral, broken down into at least the five general categories set forth in <<-(d)->><<+ (c)+>> below, with subtotals and grand totals as indicated;

Recodify existing 6.-7. as <<+7.-8.+>> (No change in text.)

(b) Promissory notes<<+, contracts, payment terms,+>> and other non-related items shall not be included on the <<-form->> <<+Statement of Funeral Goods and Services Selected+>>.

<<-(c) A contract may appear at the bottom of the form. If included, it shall be separated from the form by a horizontal line extending across the face of the page, and the heading "Contract" shall appear immediately below the horizontal line.->>

<<-(d)->><<+(c)+>> All charges relative to the funeral shall be categorized as follows <<+and the Statement of Funeral Goods and Services Selected shall contain the following information+>>:

STATEMENT OF FUNERAL GOODS

AND SERVICES SELECTED

Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.

CATEGORY I--PROFESSIONAL SERVICES
1. Basic Services of Funeral Director and Staff $
2. Embalming (including use of preparation room and sanitary care) $
If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain below.
3. Sanitary Care, Without Embalming $
4. Other (Specify) $
Category I TOTAL $

CATEGORY II--OTHER STAFF AND RELATED FACILITIES
1. Use of Facilities and Staff for Viewing $
2. Use of Facilities and Staff for Funeral Ceremony $
3. Use of Facilities and Staff for Memorial Service $
4. Use of Equipment and Staff for Graveside Service $
5. Use of Equipment and Staff for Funeral Service Off Premise $
6. Other (Specify) $
Category II TOTAL $

CATEGORY III--TRANSPORTATION
1. Transfer of Remains to Funeral Home $
2. Use of Hearse $
3. Use of Limousine(s) $
4. Use of Flower Car(s) $
5. Other (Specify) $
Category III TOTAL $

OPTIONAL PACKAGED SERVICES
1. Direct Cremation $
2. Immediate Burial $
3. Forwarding or Receiving Remains $
If an optional packaged service is selected, Categories I through III are not applicable.
Optional Packaged Services TOTAL $

CATEGORY IV--MERCHANDISE $
1. Casket
Manufacturer
Model name/number
Type of material
Internal material $
2. Vault/Outer Burial Enclosure
Manufacturer
Model name/number
Type of material $
3. Clothing $
4. Urn $
5. Prayer Cards $
6. Acknowledgment Cards $
7. Register Book $
8. Other (Specify--Items may be packaged for individual items less $ than $100.00 each)
Category IV TOTAL $

CATEGORY V--CASH DISBURSEMENTS (Estimated)
1. Cemetery or Crematory $
2. Clergy and/or Church $
3. Pallbearers $
4. Organist and/or Soloist $
5. Certified Copies of Death Certificate and Permit Fee $
6. Newspaper Notices $
7. Other (Specify) $
Category V TOTAL $

TOTAL OF ESTIMATED CHARGES
(Category I-V & Packaged Services) $
PACKAGE REDUCTION (If Applicable) $
GRAND TOTAL OF ESTIMATED CHARGES $

<<+IF ANY LAW, cemetery or crematory requirements have required the purchase of any of the items listed above, the law or requirement is described below:+>>

[ ] 1. Crematory requires container to surround the remains;
[ ] 2. Your cemetery requires an outer burial container; or
[ ] 3. Other: _______
REASONS FOR EMBALMING:
[ ] Family authorized; or
[ ] Other: _______

I have prepared the above I have read and received a copy of the Statement of Funeral Goods and Statement of Funeral Goods and Services Services Selected: Selected:

Printed Name of Practitioner Printed Name of Person Making Appointments

Signature of Practitioner , Signature of Consumer Making Arrangements and License #, and Date Date

For Name of Funeral Home Relationship to Decedent Street Address City, State, Zip Code

<<-IF ANY LAW, cemetery or crematory requirements have required the purchase of any of the items listed above, the law or requirement is described below.->>

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

DELETED TABULAR MATERIAL NOT DISPLAYED

<<-(e)->><<+(d)+>> A practitioner who offers the Optional Packaged Services and has that offer accepted by a consumer shall not be required to detail the charges for Categories I through III <<+set forth in (c) above+>> which are then not applicable. It shall not be mandatory for practitioners to include the category of "Optional Packaged Services" on the Statement of Funeral Goods and Services Selected <<-form->> if they do not offer for sale the services of Direct Cremation, Immediate Burial, Forwarding of Remains and/or Receiving of Remains <<+or to include the "Package Reduction" category, if this category is not utilized by practitioners+>>.

<<-(f)->><<+(e)+>> Immediately upon completing the <<- "->>Statement of Funeral Goods and Services Selected<<-" form->> the practitioner and the consumer shall sign <<+and date+>> the <<- form->> <<+Statement+>> where indicated. <<+If the consumer refuses to sign the Statement, the practitioner shall note on the signature line of the Statement that the consumer refused to sign.+>> The practitioner shall immediately provide a copy to the person for whom the <<-form->> <<+ Statement+>> was prepared.

<<-(g)->><<+(f)+>> Any change, addition or deletion authorized by the purchaser after the completion of the <<-form->> <<+Statement of Funeral Goods and Services Selected+>> shall be included on the final bill.

<<+(g) A practitioner may utilize a photocopy of the Statement of Funeral Goods and Services Selected contained in Appendix A, incorporated herein by reference, to satisfy the requirements of this section.+>>

<< NJ ADC 13:36-1.10 >>

13:36-1.10 Limited exemption for anatomical associations of a medical school established and operated by the State of New Jersey for the acceptance and disposition of human remains donated pursuant to the Uniform Anatomical Gift Act

(a) The provisions of this <<-chapter->> <<+section+>> shall apply to the operation, maintenance and use of mortuaries by licensed practitioners of mortuary science for the benefit of anatomical associations of medical schools established and operated by the State of New Jersey, which association is the vehicle for the acceptance and disposition of human remains donated pursuant to the Uniform Anatomical Gift Act, N.J.S.A. 26:6-57 et seq., for the purpose of medical research and education.

(b)-(c) (No change.)

(d) The exemptions, if granted by the Board, shall be specifically identified on the certificate of registration and shall apply only to licensees of the Board <<-of Mortuary Science->> who are employed by such association as described in (a) above. Unless otherwise provided by the Board, upon expiration of the certificate of registration, any exemptions granted pursuant to this <<-paragraph->> section shall be invalid unless renewed by the Board upon application by said association.

(e) (No change.)

<< NJ ADC 13:36-2.1 >>

13:36-2.1 Qualification for intern registration

(a)-(b) (No change.)

(c) An intern who is registered while concurrently attending college to complete the two-year or three-year academic educational licensure requirement shall:

1. (No change.)

2. Achieve a minimum of eight degree program credits per semester with a minimum cumulative average of 2.0 or its academic equivalent throughout the concurrent registration program. A person who receives less than a 2.0 cumulative average, carries less than the minimum of eight degree program credits at any time during the semester, or who takes more than one remedial or basic course per semester shall have his or her internship terminated unless good cause is established for the continuation of the internship. <<+ The intern shall submit a written request to the Board which shall establish good cause for extension of his or her internship.+>>

3.-4. (No change.)

(d)-(e) (No change.)

(f) Any credit granted to a student by a college or university for completion of any remedial or <<-basis->> <<+basic+>> course shall not be recognized by the Board in any transcript evaluation made by the Commission on Higher Education for an academic qualifying certificate.

<< NJ ADC 13:36-2.3 >>

13:36-2.3 Availability of interns

<<-Registered interns->> <<+Interns+>> shall be available for funerals, embalmings, removals and other training instruction in accordance with N.J.A.C. 13:36-2.14 and shall assist in the embalmings of at least 75 bodies <<-and->><<+,+>> the conduct of at least 75 funerals <<+and the arranging of at least 25 funerals (whether preneed or at need)+>> during the practical training period which shall not exceed three years pursuant to N.J.A.C. 13:36-2.12.

<< NJ ADC 13:36-2.4 >>

13:36-2.4 Intern identification card

During the course of his or her training, every <<-student->> intern shall at all times carry <<+on his or her person+>> the intern <<+ identification+>> card issued by the Board.

<< NJ ADC 13:36-2.5 >>

13:36-2.5 Reporting embalmings <<-and->><<+,+>> funeral attendance <<+and funeral arrangements+>>; form

(a) The Board shall furnish monthly report forms to the intern for reporting embalmings <<-and->><<+,+>> funerals attended <<+and funerals arranged+>>, which shall be signed by the intern and preceptor and dated and filed with the Board no later than the 15th day of each month of the training period. The intern shall complete such monthly reports setting forth all information required therein and shall file the forms with the Board. Such reporting shall continue until the intern becomes licensed.

(b) No internship credit shall be granted for embalmings performed <<- and->><<+,+>> funerals attended <<+and funeral arranged+>> during the month when a report is received after the prescribed monthly filing date except upon presentation of proof that good cause exists for failing to timely file the report.

<< NJ ADC 13:36-2.6 >>

13:36-2.6 Credit for embalming body

No more than one <<-student->> intern shall receive credit for the embalming of any one body.

<< NJ ADC 13:36-2.7 >>

13:36-2.7 <<-Intern->> <<+Practitioner+>> qualifications for employment <<+of interns+>>

No licensed practitioner of mortuary science shall engage <<-a student->> <<+an+>> intern unless, prior to such engagement, <<-his or her->> <<+the practitioner's+>> case volume during the previous calendar year <<-shall meet->> <<+is+>> a minimum <<-requirement->> of 25 cases which shall not include stillbirths.

<< NJ ADC 13:36-2.9 >>

13:36-2.9 Termination <<+or completion+>> of training

Upon termination <<+or completion+>> of any internship, the preceptor shall immediately request of the Board a notice of termination form <<- to->> <<+which shall+>> be completed by <<-him or her->> <<+the preceptor and the intern+>> and filed with the Board within five days of its receipt.

<< NJ ADC 13:36-2.10 >>

13:36-2.10 Return of intern identification card

Upon completion or termination of an internship for any reason, the intern shall <<-be charged with the responsibility of returning->> <<+ return+>> his or her intern identification card immediately to the Board.

<< NJ ADC 13:36-2.11 >>

13:36-2.11 Affidavit recommendation form

(a) Upon termination <<+or completion+>> of an internship, <<+or change in registered mortuaries by an intern,+>> an affidavit recommendation form shall be filed with the Board. Any preceptor who refuses to certify any intern for the internship served under his or her supervision shall furnish the Board with a statement under oath setting forth the reasons for such refusal. If not satisfied with such statement, the Board may take such action as it may deem proper.

(b) (No change.)

<< NJ ADC 13:36-2.12 >>

13:36-2.12 Extension of internship

No intern shall be permitted to continue his or her period of practical training as <<-a registered->> <<+an+>> intern for more than three years without prior Board approval, which shall only be granted for reasons of hardship, such as illness, disability, active service in the military or other good cause demonstrated by the <<-licensee->> <<+intern+>>.

<< NJ ADC 13:36-2.14 >>

13:36-2.14 Preceptors' responsibility for training

(a) The preceptor shall <<-be charged with the professional responsibility of ensuring->> <<+ensure that+>> interns are thoroughly trained in the theory and practice of mortuary science, and the laws, rules and regulations pertaining thereto, and are proficient in the following areas:

1. (No change.)

2. Making funeral arrangements with families, which includes <<+attending funeral arrangement conferences,+>> selling of merchandise, taking statistical information from families, filing death certificates, preparing obituary notices and placing <<-same->> <<+such notices+>> with newspapers, <<-completing funeral cortege lists, arranging cortege cars in proper order on the day of the funeral,->> and attending viewings;

3.-4. (No change.)

<< NJ ADC 13:36-2.15 >>

<<+13:36-2.15 Failure to file reports+>>

<<+Failure on the part of a preceptor to file any reports required by this subchapter shall be deemed professional misconduct and shall subject the licensee to the penalties set forth at N.J.S.A. 45:1-25.+>>

SUBCHAPTER 3. EXAMINATIONS <<+AND CANDIDATE QUALIFICATIONS+>>

<< NJ ADC 13:36-3.1 >>

13:36-3.1 Qualifications for licensure

(a) In order to be eligible for licensure, a candidate first shall submit to the Board the following:

1. A completed application form which shall contain the name and address of the <<-applicant->> <<+candidate+>> and the name and address of the <<-applicant's->> <<+candidate's+>> employer;

2.-3. (No change.)

4. A certificate from a preceptor in this State which shows that the candidate has served a one-year or two-year period of practical training as <<-a registered->> <<+an+>> intern under the preceptor, pursuant to the provisions of N.J.S.A. 45:7-49(a)(2);

5.-8. (No change.)

<< NJ ADC 13:36-3.2 >>

13:36-3.2 Application for Mortuary Jurisprudence examination

(a) Upon request, an application for the Mortuary Jurisprudence examination shall be forwarded to <<-the applicant->> <<+a candidate who has completed a minimum of two years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instruction in a school of mortuary science approved by the American Board of Funeral Service Education or who has completed a minimum of three years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instruction in a school of mortuary science approved by the American Board of Funeral Service Education+>>. The form shall be signed by the <<-applicant->> <<+ candidate+>> and certified, unless notified otherwise. All applications shall be filed with the Board on or before the first day of the month in which the examination is to be held.

(b) The statements contained in the application for the Mortuary Jurisprudence examination <<-must->> <<+shall+>> be complete and accurate before the application is processed or accepted by the Board.

(c)-(e) (No change.)

<< NJ ADC 13:36-3.7 >>

13:36-3.7 Practical examination requirements

(a) No candidate shall be given the practical examination until after he or she has successfully completed the written examinations prescribed under N.J.S.A. 45:7-49 <<-and the candidate is within 90 days of completing->><<+. The practical examination shall be taken no sooner than 90 days before, or no later than 90 days after, completion of+>> the prescribed period of internship.

<<+(b) A candidate wishing to take the practical examination more than 90 days after the completion of the internship period at the same funeral establishment where the candidate completed his or her internship shall apply to the Board for an extension of the internship prior to taking the practical examination.+>>

<<+(c) A candidate wishing to take the practical examination more than 90 days after the completion of the internship period at a funeral establishment other than the one where the candidate completed his or her internship shall re-register as an intern and shall pay the intern registration fee set forth at N.J.A.C. 13:36-1.6.+>>

<<-(b)->><<+(d)+>> Such practical examination shall be held at a place determined by the Board and the examination shall be conducted by one or more Board members. A candidate who has failed the practical examination <<- must->> <<+shall+>> wait <<-three months->> <<+30 days+>> before being scheduled for re-examination.

<< NJ ADC 13:36-3.8 >>

13:36-3.8 <<-(Reserved)->> <<+Expiration of mortuary jurisprudence and practical examination results+>>

<<+Results from the Mortuary Jurisprudence examination, required pursuant to N.J.A.C. 13:36-3.1(a)6, and the practical examination, required pursuant to N.J.A.C. 13:36-3.1(a)7, shall be valid for three years from the date of successful completion of the respective examinations. A candidate who does not obtain a license to engage in the practice of mortuary science within three years of passing the respective examinations shall retake and pass the examination for which the results have expired in order to be eligible for licensure pursuant to N.J.A.C. 13:36-3.1.+>>

<< NJ ADC 13:36-4.1 >>

13:36-4.1 License <<+and certificate of registration+>> renewals; <<+ suspension;+>> reinstatement <<-of lapsed licenses->>

(a) <<-All applications for biennial license renewal shall be filed with the Board on or before the last day of February of every odd-numbered year or such other date established for renewal by the Division of Consumer Affairs. If the licensee fails to receive such renewal application on or before 30 days prior to the renewal date, he or she shall notify the Board in writing and request that the Board forward the necessary form.->> <<+A licensee or owner shall renew his or her license or certificate of registration for a period of two years from the last expiration date. The licensee or owner shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of expiration. A licensee or owner who submits a renewal application within 30 days following the date of expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:36-1.6. A licensee or owner who fails to submit a renewal application within 30 days of expiration shall have his or her license or certificate of registration suspended without a hearing.+>>

(b) <<-All applications for biennial establishment registration renewal shall be filed with the Board on or before the last day of December of every odd-numbered year or such other date established for renewal by the Division of Consumer Affairs. If the applicant fails to receive such renewal application on or before 30 days prior to the renewal date, he or she shall notify the Board in writing and request that the Board forward the necessary form.->> <<+A licensee or owner who continues to engage in the practice of mortuary science or continues to offer mortuary services with a suspended license or certificate of registration shall be deemed to be engaging in the unauthorized practice of mortuary science and shall be subject to the penalties set forth in N.J.S.A. 45:1-25 et seq.+>>

<<-(c) A licensee who has failed to renew his or her biennial license for two or more biennial license renewal periods may apply to the Board for reinstatement of his or her lapsed license upon submission to the Board of satisfactory proof of the following:->>

<<-1. Achievement of a scaled score of not less than 70 on the Mortuary Jurisprudence examination administered by the Board within one year of application for reinstatement;->>

<<-2. Payment of all biennial license renewal fees as provided in N.J.A.C. 13:36-1.6 for each biennial license renewal period in which the licensee has failed to renew his or her biennial license;->>

<<-3. Payment of a reinstatement fee pursuant to N.J.A.C. 13:36-1.6; and->>

<<-4. Satisfaction of the continuing professional competency requirements pursuant to N.J.A.C. 13:36-10.11(a).->>

<<+(c) The Board shall send a notice of renewal to the licensee and/or owner at least 60 days prior to the expiration of the license and/or certificate of registration. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall be imposed upon the licensee and/or owner for failure to renew.+>>

<<+(d) A licensee seeking reinstatement within five years following the suspension of a license pursuant to (a) above shall submit the following to the Board:+>>

<<+1. A completed licensure application, including an affidavit of employment listing each job held during the period of license suspension, including the names, addresses, and telephone numbers of each employer; and the application fee set forth at N.J.A.C. 13:36-1.6;+>>

<<+2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6;+>>

<<+3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; and+>>

<<+4. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:36-10 for each biennial renewal period in which the license was suspended, to a maximum of 25 credits.+>>

<<+(e) A licensee seeking reinstatement more than five years following the suspension of a license pursuant to (a) above shall:+>>

<<+1. Successfully complete an internship under the supervision of a licensed practitioner of mortuary science. The internship, which shall be completed before application to take the practical examination, shall consist of a minimum of 25 embalmings, 25 funerals and 25 arrangements, consistent with the requirements set forth in N.J.A.C. 13:36-2. The internship shall be at least three months in length, but no longer than one year. Request to extend the period of internship beyond one year shall be made to the Board in writing;+>>

<<+2. Successfully complete the practical examination set forth in N.J.A.C. 13:36-3.7;+>>

<<+3. Successfully complete the Mortuary Jurisprudence examination as set forth in N.J.A.C. 13:36-3.2;+>>

<<+4. Submit a completed licensure application, including an affidavit of employment listing each job held during the period of license suspension, including the names, addresses, and telephone numbers of each employer; and the application fee set forth at N.J.A.C. 13:36-1.6;+>>

<<+5. Submit payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6;+>>

<<+6. Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; and+>>

<<+7. Submit a certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:36-10 for each biennial renewal period in which the license was suspended to a maximum of 25 credits.+>>

<<+(f) An owner seeking reinstatement following the suspension of a certificate of registration pursuant to (a) above shall:+>>

<<+1. Submit a completed application and the application fee set forth at N.J.A.C. 13:36-1.6;+>>

<<+2. Submit payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6; and+>>

<<+3. Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6.+>>

<< NJ ADC 13:36-4.2 >>

13:36-4.2 Notice of <<-residence->> address change; <<-corporate structure->> <<+service of process+>>

(a) Every licensee shall give notice in writing to the Board <<-of Mortuary Science->> of any change of his or her <<-residence->> address <<+of record+>> within 10 days after such change of address. <<+For purposes of this section, "address of record" means an address designated by a licensee which is part of the public record and which may be disclosed upon request. "Address of record" may be a licensee's home, business or mailing address, but shall not be a post office box unless the licensee also provides another address which includes a street, city, state and zip code.+>>

<<-(b) When a funeral establishment is operated by a corporation, a limited partnership or a limited liability corporation, the licensee in charge shall notify the Board within 10 days of any change in the information requested pursuant to N.J.A.C. 13:36-4.6(a)2.->>

<<+(b) Failure to notify the Board of any change in a licensee's address of record pursuant to (a) above may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h) and the imposition of penalties set forth in N.J.S.A. 45:1-25.+>>

<<+(c) Service of any administrative complaint or other Board-initiated process at a licensee's address of record shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.+>>

<< NJ ADC 13:36-4.3 >>

13:36-4.3 Legal name change

(a) If a licensee changes his or her name, the change <<-will->> <<+ shall+>> only be recorded by the Board upon receipt of legal documentation to substantiate the name change.

(b) If it is necessary to issue a duplicate license certificate, the original certificate <<-must->> <<+shall+>> be returned for cancellation, if possible.

<< NJ ADC 13:36-4.4 >>

13:36-4.4 New installations

(a) Except as provided in N.J.A.C. 13:36-4.13, any person<<+, corporation, partnership, limited liability partnership, limited liability company or other business entity+>> desiring to operate, maintain, or use a mortuary shall first apply to the Board and remit payment of the fee provided in N.J.A.C. 13:36-1.6 for a new installation inspection and an application for certificate of registration.

(b) (No change.)

(c) When the new installation inspection is made, temporary approval may be granted to operate until a certificate of registration is issued <<+provided the mortuary satisfies all applicable requirements set forth in this chapter and the provisions of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq+>>.

<< NJ ADC 13:36-4.6 >>

13:36-4.6 <<-Corporation's application for registration->> <<+ Registration+>> of <<-funeral establishment->> <<+mortuary+>>

(a) Applications for registration of a funeral establishment to be operated by a corporation, <<+a partnership,+>> a limited <<+liability+>> partnership <<-and/or->><<+,+>> a limited liability company <<+or other business entity+>> shall be accompanied by the fee provided in N.J.A.C. 13:36-1.6 and by:

1. (No change.)

2. The name, residence addresses and residence telephone numbers of the following:

i. (No change.)

ii. The general partner(s) of a <<+partnership or+>> limited partnership (and, if a general partner is a corporation, <<+limited liability partnership, limited liability company, or other business entity,+>> the officers of the corporation <<+or the members of the limited liability partnership, limited liability company, or other business entity+>>); and/or

iii. (No change.)

3. A copy of the corporate resolution (certified by the secretary of the corporation and impressed with the corporate seal)<<+, the partnership agreement,+>> or limited <<+liability+>> partnership or limited liability company <<-statement->> <<+operating agreement+>> (certified by the general partner of the limited <<+liability+>> partnership or the managing or operating member of the limited liability company) designating the licensed practitioner of mortuary science; <<-and->>

<<+4. In the case of corporations, the original certificate of good standing from the State of New Jersey;+>>

<<+5. In the case of partnerships, an application for registration signed by all partners, a certified copy of the partnership agreement, and the certificate of assumed name, if any, filed in the office of the county clerk; and+>>

<<-4.->><<+6.+>> (No change in text.)

<<+(b) Any limited partnership seeking a certificate of registration shall conform to the requirements of the Limited Partnership Associations Act, set forth at N.J.S.A. 42:3-1 et seq.+>>

<< NJ ADC 13:36-4.7 >>

13:36-4.7 Corporate <<-applicant's->> charter<<+, partnership agreement, operating agreement+>>

(a) All corporate charters <<-are required to->><<+, partnership agreements or operating agreements submitted to the Board shall+>> contain a provision stating that the practice of mortuary science, funeral directing and embalming shall be performed only by persons duly licensed by the State Board of Mortuary Science to do so.

(b) (No change.)

<<-(c) It is the sense of this Section that a corporate funeral establishment shall at no time be operated by persons other than those duly licensed by the State Board of Mortuary Science.->>

<<-(d) No corporate applicant will be denied a certificate of registration where the objects of the charter comply substantially with the subsection (c) of this Section, in addition to the other requisites set forth in the rules.->>

<< NJ ADC 13:36-4.8 >>

13:36-4.8 Full-time licensed manager<<+; termination; licensee in charge+>>

(a) Every establishment <<-operating under corporate, limited partnership or limited liability company ownership,->> authorized to carry on the practice of mortuary science, shall be under the direct supervision of a full-time licensed manager.

(b) (No change.)

<<+(c) Whenever the manager's services are terminated, the owner of the registered mortuary shall retain the services of a licensed practitioner of mortuary science who shall be responsible for directing, managing and controlling all work performed by the establishment until such time as the manager is permanently replaced by another manager. That licensee shall be known as the licensee in charge. The owner of the mortuary shall notify the Board, in writing, within five business days of the termination of the name and license number of the licensee in charge.+>>

<<-(c) Whenever the manager's services are terminated, the manager and the licensee in charge of the establishment shall notify the Board, in writing, within 30 days of the termination.->>

(d) Whenever the manager's services are terminated, the <<+owner, and the+>> manager or licensee in charge shall provide the new manager with the records of prepaid funeral agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16 no later than 10 days prior to such change, or as soon thereafter as mutually agreed upon by the parties. The <<+owner, and the manager or the+>> licensee in charge shall notify the Board of compliance with this subsection at the same time <<-the licensee->> <<+that he or she+>> files the notice of change in manager with the Board.

(e) Except as set forth in <<-(e)->><<+(f)+>> below, the licensee in charge <<-of the establishment->> shall within 30 days of <<-such->> termination <<+of the previous manager's services+>> give notice to the Board of the name of the newly designated manager<<-, whether permanent or temporary. Within 30 days of accepting the manager's position,->> <<+and, at that time,+>> the newly designated manager shall submit to the Board the following:

1.-3. (No change.)

(f) The licensee in charge <<-of the establishment->> may within 30 days of <<-such->> termination <<+of the previous manager's services+>> submit to the Board documented evidence of hardship or extenuating circumstance. The Board, if it deems such evidence acceptable, may grant the <<-establishment->> <<+registered mortuary+>> an extension of time up to, but not exceeding, six months after the termination of the former manager in which to secure the services of a new manager.

<

<< NJ ADC 13:36-4.9 >>

13:36-4.9 Participation of unlicensed persons

(a) No unlicensed person shall actively participate in any capacity in the actual funeral arrangements, preservation or disposal of dead human bodies, except that <<-duly registered->> interns may participate in such activities pursuant to the provisions of N.J.S.A. 45:7-47.

(b) No unlicensed person shall actively participate in any capacity in the actual preparation of dead human bodies except for the following:

1. <<-Duly registered interns->> <<+Interns+>>;

2.-3. (No change.)

(c) (No change.)

<< NJ ADC 13:36-4.10 >>

13:36-4.10 <<-Partnership's application for registration of funeral establishment->> <<+(Reserved)+>>

<<-(a) A new application for registration of a funeral establishment operated by a new partnership shall be signed by all partners and shall be accompanied by a certified copy of the partnership agreement, the certificate of assumed name, if any, filed in the office of the county clerk and the fee provided in N.J.A.C. 13:36-1.6.->>

<<-(b) Any limited partnership seeking a certificate of registration shall conform to the requirements of N.J.S.A. 42:3-1 and not N.J.S.A. 42:2- 1.->>

<< NJ ADC 13:36-4.11 >>

13:36-4.11 Trade names

(a)-(c) (No change.)

(d) Whenever an individual licensed owner conducts <<-an->> <<+a funeral+>> establishment under his or her own surname, then such use of the surname shall not be considered a trade name.

<< NJ ADC 13:36-4.12 >>

13:36-4.12 Death of <<-licensee or owner->> <<+sole proprietor+>>

(a) The practice of a mortuary establishment shall cease and the certificate of registration shall become void upon the death of <<-an owner->> <<+a sole proprietor+>> and shall not be renewed unless the executor or administrator of the estate or the deceased owner's heir or heirs informs the Board within 30 days of the death of the owner of their intention to continue the mortuary practice and to apply for a <<+new+>> certificate of registration. Such notice <<-must->> <<+shall+>> be in writing and conform with the following requirements:

1. It shall state the practice shall be under the direct supervision of a licensed <<-temporary or full-time->> <<+practitioner of mortuary science who shall serve as the+>> manager <<+or the licensee in charge as provided in N.J.A.C. 13:36-4.8(c)+>>, whichever is applicable, and <<+ shall+>> contain the name of the licensee selected.

2. The firm may operate under the supervision of a <<-temporary manager->> <<+licensee in charge+>> for a period not longer than 60 days to secure the services of a full-time licensed manager; provided, however, upon making a further request, the Board may grant an extension of time during which the <<-temporary manager->> <<+licensee in charge+>> may serve.

3.-4. (No change.)

(b) (No change.)

<< NJ ADC 13:36-4.14 >>

13:36-4.14 Active or inactive status; unauthorized practice as professional misconduct

<<-(a) As used in this section, the following terms have the following meanings unless the context indicates otherwise:->>

<<-1. "Active" means a licensee eligible to engage in the practice of mortuary science as set forth by the Mortuary Science Act, N.J.S.A. 45:7-32 et seq., and pursuant to the rules contained in this chapter.->>

<<-2. "Board" means the State Board of Mortuary Science of New Jersey.->>

<<-3. "Inactive" means a person licensed by the Board and in good standing, but who is not eligible to engage in the practice of mortuary science as set forth by the Mortuary Science Act, N.J.S.A. 45:7-32 et seq., and pursuant to the rules contained in this chapter.->>

<<-4. "Licensee" means any person authorized to engage in the practice of mortuary science as regulated by the Board.->>

<<+(a) A licensee may, upon application to the Board, renew his or her license by choosing inactive status. A licensee choosing inactive status shall be provided with the option of choosing either inactive paid or inactive unpaid status. A licensee choosing inactive paid status shall remit to the Board the inactive fee set forth at N.J.A.C. 13:36-1.6 which shall entitle the licensee to obtain all printed information disseminated by the Board to all active licensees. A licensee choosing inactive unpaid status shall not be required to remit a fee to the Board and shall not be entitled to obtain any printed information disseminated by the Board to active licensees.+>>

<<-(b) All biennial renewal applications shall provide licensees with the option of either active or inactive license renewal.->>

<<-1. Licensees may elect to be active or inactive for any biennial period regardless of their status during any prior biennial period.->>

<<-2. If a licensee elects to return from inactive status to active status, he or she shall provide the Board with proof of compliance with N.J.A.C. 13:36-10.11(b).->>

<<-3. Board-issued licenses shall conspicuously disclose whether the licensee is active or inactive.->>

<<+(b) A licensee electing to renew his or her license as inactive shall not engage in the practice of mortuary science for the entire biennial registration period.+>>

(c) A licensee who elects <<-to be->> inactive <<+paid or inactive unpaid status+>> shall remain inactive for the entire biennial period unless<<-, upon application to the Board, the Board elects to return an inactive licensee to active status provided such licensee has demonstrated compliance with->> <<+the Board permits the inactive licensee to return to active status upon submission of evidence to the Board of having completed the continuing education requirements set forth at+>> N.J.A.C. 13:36- 10.11(b) <<+and upon submission of a renewal application and the renewal fee for the current biennial registration period as set forth in N.J.A.C. 13:36- 1.6+>>.

(d)-(e) (No change.)

<< NJ ADC 13:36-4.16 >>

<<+13:36-4.16 Responsibilities of licensee and owner+>>

<<+(a) All licensees and owners shall be responsible for compliance with all laws and regulations governing the practice of mortuary science in the State.+>>

<<+(b) Violations of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq. or the rules of this chapter by a licensee or owner may subject the licensee or owner to disciplinary action.+>>

<< NJ ADC 13:36-5.1 >>

13:36-5.1 <<-Display of "Manager" sign->> <<+Disclosure of manager name; posting of manager license+>>

(a) <<-Whenever a firm is required to be operated under the supervision, management and control of a licensed manager pursuant to the provisions of N.J.A.C. 13:36-4.8, the->> <<+The+>> name of the manager shall be conspicuously displayed with the title "manager" on a sign at or about the main entrance of the <<+funeral+>> establishment or on the firm sign, provided, however, that at the option of the firm, the term "senior director" or "executive director" may be substituted for "manager." This sign shall contain legible letters that are no less than 1 1/2 inches in height.

(b) The name <<+and license number+>> of the <<-licensee in charge->> <<+manager+>> shall appear with the title "manager," "senior director" or "executive director" on all stationery, billheads, advertising, <<+price lists,+>> and in all other instances where the firm name is used, consistent with the requirements of N.J.A.C. 13:36-5.12.

<<+(c) The license of the manager shall be conspicuously displayed in the registered mortuary as required pursuant to N.J.S.A. 45:7-61. If a licensee is retained as the manager of more than one registered mortuary, the licensee shall obtain a duplicate license for posting in such other establishments from the Board upon payment of the duplicate license fee provided in N.J.A.C. 13:36-1.6.+>>

<< NJ ADC 13:36-5.3 >>

13:36-5.3 Transferability of registration certificates<<+; new location+>>

<<+(a)+>> A certificate of registration is not transferable. When a <<- business->> <<+registered mortuary+>> is discontinued at the registered address, the certificate shall be immediately returned to the Board office for cancellation.

<<+(b) Whenever a registered mortuary is to be moved to a new location, the owner shall apply for a new certificate of registration and notify the Board, in writing, at least 15 business days in advance of the proposed date of opening at the new location. The new certificate of registration shall not be issued until all applicable requirements in this chapter and all relevant statutes, regulations and ordinances are satisfied. The registered mortuary shall not begin operation at the new location until approval is granted by the Board.+>>

<< NJ ADC 13:36-5.4 >>

13:36-5.4 Physical structure of mortuary; separation from living quarters

(a) All <<+registered+>> mortuaries <<-must->> <<+shall+>> have at least one viewing room, equipment, facilities and private lavatories suitable to serve the general public.

(b) <<-The mortuary must->> <<+All registered mortuaries shall+>> be maintained on floor levels which are separate and distinct from living quarters, kitchens or other rooms that are ordinarily a part of the domestic household unit. <<+If the registered mortuary maintains a break room, the room shall be separate and distinct from the preparation room and shall be inaccessible to the public.+>>

(c) In the case of ranch type <<+funeral+>> establishments or other cases in which the architectural structure makes it impossible to have suitable parlors and facilities on a different floor level, the owner <<- must->> <<+shall+>> prove to the Board's satisfaction the existence of a proper division between the mortuary section and the living quarters of the building.

<<+(d) All areas in a registered mortuary that are not used exclusively as living quarters may be subject to Board inspection.+>>

<< NJ ADC 13:36-5.5 >>

13:36-5.5 Preparation room requirements

(a) Every <<+registered+>> mortuary <<-must->> <<+shall+>> contain a preparation room on the premises which is suitably located and private and shall comply with the following requirements:

1. The walls shall extend from floor to ceiling. The ceiling and walls <<- must->> <<+shall+>> be covered with tile, finished plaster, composition wall board or other composition material or combination of these materials. With exception of tile, all of these materials <<-must->> <<+shall+>> be finished with enamel, varnish or some other smooth-hard waterproof material.

2. Outside ventilation <<-must->> <<+shall+>> be provided for by windows, transoms or air conditioning, and every preparation room shall comply in respect to ventilation with State and local laws, ordinances and regulations. <<-It is also to ->> <<+A preparation room shall+>> be ventilated so that no deleterious odors shall be permitted to enter into any other part of the premises of the funeral establishment or into any other adjoining premises or property.

3.-4. (No change.)

5. All doors leading from the preparation room or embalming room <<- must->> <<+shall+>> have a smooth surface or <<+be+>> covered with material impervious to dirt and liquids. All windows and outside doors <<- must->> <<+shall+>> be screened.

<< NJ ADC 13:36-5.6 >>

13:36-5.6 Equipment requirements

(a) Every funeral establishment in the State shall have in its preparation or embalming room and shall be equipped with, at a minimum, the following:

1.-18. (No change.)

19. <<-At least two->> <<+Two+>> hemostats;

20.-22. (No change.)

23. Suture needles; <<-and->>

24. Suture thread<<-.->><<+; and+>>

<<+25. An electrically-powered embalming machine.+>>

(b) (No change.)

<< NJ ADC 13:36-5.7 >>

13:36-5.7 Potable water supply

(a) All <<-licensed->> owners and managers <<-of funeral establishments are charged with the responsibility of insuring->> <<+shall ensure+>> that the potable water supply is not open to the danger of contamination from any source.

(b) <<-This responsibility->> <<+The requirement in (a) above+>> may be satisfied by the installation of any approved hydro-aspirator and such other devices as may be necessary to accomplish the purpose of this rule.

(c) (No change.)

<< NJ ADC 13:36-5.9 >>

13:36-5.9 Multiple funeral establishments in same location

(a) Any individual, partnership, <<+limited liability partnership,+>> corporation <<-or->><<+,+>> limited liability company <<+or other business entity+>> that applies to register any additional funeral establishment(s) in a location already registered as a funeral establishment by the State of New Jersey shall comply with <<+the registration requirements set forth in+>> N.J.A.C. 13:36-4 and <<+all applicable rules in+>> this subchapter.

(b) In the event <<-an->> <<+a funeral+>> establishment has the same or similar ownership of individuals, partnerships, <<+limited liability partnerships,+>> corporations <<-or->><<+,+>> limited liability companies<<+, or other business entities+>> as the primary funeral establishment, prices quoted and charged to consumers shall be the same for all <<+funeral+>> establishments in that location.

(c) (No change.)

<< NJ ADC 13:36-5.12 >>

13:36-5.12 Advertising

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:

... <<-"Licensee" means licensed practitioner of mortuary science as defined by N.J.S.A. 45:7-34(g).->>

"<<-Prior->> <<+Price+>> reduction statement" means a statement, suggestion or implication, direct or indirect, that a service or merchandise is being offered or made available for sale at a price less than the advertiser's routine price. The following words, terms and phrases or their substantial equivalent shall be deemed to indicate a price reduction statement: sale, discount, savings, price cut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate, originally, formerly, at cost, below cost, wholesale. ...

(b) All stationery <<-must->> <<+shall+>> indicate the true firm name <<+of the mortuary+>> as registered with the Board <<-of Mortuary Science.->><<+, the address and telephone number of the mortuary, and the name of the manager, and his or her title and license number preceded by the phrase "N.J. Lic. No. _______."+>>

(c) Advertisements shall contain the true firm name, address, and telephone number of the <<-facility->> <<+mortuary+>> as registered with the Board. Advertisements shall also contain the name of the manager <<-or licensee in charge, and, by March 18, 2003,->> <<+and+>> the license number of the practitioner preceded by the phrase "N.J. Lic. No. _______."

(d) An advertisement that makes reference to more than one registered <<- facility->> <<+mortuary+>> shall comply with (c) above regarding one <<-facility->> <<+mortuary+>> provided that only the municipality where the <<-facility->> <<+mortuary+>> is located and the true firm name as it is registered with the Board is disclosed for any additional <<- facilities->> <<+mortuaries+>> listed. If an advertisement for any additional <<-facility->> <<+mortuary+>> discloses any further information than the municipality where the <<-facility->> <<+ mortuary+>> is located and the true firm name as it is registered with the Board, the advertisement shall satisfy the requirements of (c) above.

(e) Telephone book listings of two lines or less or small novelty items where the space of advertising is limited shall disclose the municipality where the <<-facility->> <<+registered mortuary+>> is located and the true firm name as it is registered with the Board.

(f)-(j) (No change.)

(k) An advertisement may include the name of an inactive licensee as defined in N.J.A.C. 13:36-4.14 provided that the inactive licensee is not held out as the manager <<-or licensee in charge->>.

(l) (No change.)

<< NJ ADC 13:36-5.13 >>

13:36-5.13 <<-Transfer of funeral establishment to new location->> <<+ (Reserved)+>>

<<-Whenever a funeral establishment is to be moved to a new location, it shall be necessary to apply for certificate of registration and to notify the Board, in writing, at least 15 days in advance of the proposed date of opening at the new location in order to allow time for an inspection and registration. A certificate of registration is not transferable.->>

<< NJ ADC 13:36-5.14 >>

13:36-5.14 Discontinuation of business or bankruptcy

(a) When a mortuary is permanently closed for business, the manager <<-or licensee in charge->> shall immediately:

1.-2. (No change.)

3. Discontinue <<-the telephone service and->> all advertising <<+and notify the Board as to the disposition of the mortuary's telephone service+>>; <<-and->>

4. Furnish the Board with a copy of the preneed ledger required pursuant to N.J.A.C. 13:36-11.16(a)<<-.->><<+; and+>>

<<+5. Submit to the Board a copy of the notice sent to all preneed purchasers regarding the discontinuation as required pursuant to N.J.A.C. 13:36-11.19, and proof of service of such notice to consumers.+>>

(b) When a mortuary files for any form of bankruptcy, the manager <<-or licensee in charge->> shall, within 10 days of such filing, furnish the Board and the trustee in bankruptcy with a copy of the preneed ledger required pursuant to N.J.A.C. 13:36-11.16(a), and upon request, with all other records required pursuant to N.J.A.C. 13:36-11.16.

<< NJ ADC 13:36-5.15 >>

13:36-5.15 Unlicensed persons in funeral directing or embalming practice

A licensed practitioner of mortuary science shall not permit any unlicensed person to engage in or take charge of the activities for which a license to engage in the <<-business or->> practice of <<-funeral directing or embalming->> <<+mortuary science+>> is required by the provisions of the Mortuary Science Act<<+, set forth at N.J.S.A. 45:7-32 et seq+>>.

<< NJ ADC 13:36-5.18 >>

13:36-5.18 Disposition of human remains

(a) Whenever human remains are entrusted to the care of a licensed practitioner of mortuary science for a disposition, the practitioner shall conform <<-with->> <<+to the requirements of+>> N.J.A.C. 8:9 and shall not remove any part or dispose of the remains in any manner whatsoever except as permitted by law and as authorized by the person legally entitled to grant said authorization.

(b) Viscera shall be treated <<-with embalming fluid and hardening compound containing formaldehyde preservatives and interred with the remains->> <<+ in the same manner as the remains and shall be disposed of with the remains+>>.

<< NJ ADC 13:36-6.1 >>

13:36-6.1 Privacy of burial preparation

(a) The preparation for burial or other disposition of all dead human bodies shall be performed in privacy. No one shall be permitted to be present in the embalming, operating or preparation room while a dead human body is being embalmed, washed, or otherwise prepared for burial or other disposition except the following:

1.-2. (No change.)

3. <<-Duly registered interns->> <<+Interns+>>;

4.-7. (No change.)

<< NJ ADC 13:36-6.2 >>

13:36-6.2 Dress requirement for embalming

(a) Every person, while engaged in the actual embalming of a dead human body, shall be attired in a clean and sanitary smock or gown, which does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth or other mucous membranes, and shall while so engaged wear protective apparel in compliance with OSHA regulations <<-(see->> <<+set forth at+>> 29 CFR 1910.1030<<-)->><<+, incorporated herein by reference+>>.

(b) (No change.)

<< NJ ADC 13:36-6.4 >>

13:36-6.4 Disposal of blood and excretion

All blood and excretions of a dead human body shall be disposed of in a sanitary manner. Licensees shall comply with <<-the->> OSHA regulations <<-(see->> <<+set forth at+>> 29 CFR 1910.1030<<-)->> in the operation of a licensed funeral establishment and shall use universal precautions according to the Centers for Disease Control recommendations <<-(see->> <<+set forth in+>> Morbidity and Mortality Weekly Reports, <<-including->> Volume 38, S-6, June 23, 1989, and subsequent volumes available from the Centers for Disease Control, Atlanta, Georgia 30333 <<+or at www.cdc.gov+>><<-)->>, incorporated herein by reference. These precautions shall include taking due care to prevent any spread of infection in the handling of a dead human body during transportation, in preparing and during embalming, and after contact with such body, and shall also include the disinfecting of hands and the removal of any soiled clothing.

<< NJ ADC 13:36-6.7 >>

13:36-6.7 <<-Interns->> <<+Participation of interns in embalming+>>

An intern may not embalm or perform any part of <<+an+>> embalming procedure on a dead body unless such activity is performed under the immediate and direct supervision and control of a <<-licensed->> practitioner of mortuary science holding <<-a->> <<+an active+>> New Jersey license.

<< NJ ADC 13:36-7.1 >>

13:36-7.1 Handling and embalming bodies dead of an infectious or contagious disease

(a) Except as otherwise provided by law, <<-including, but not limited to, regulation,->> no person in the conduct of the practice of mortuary science shall:

1.-3. (No change.)

(b) In the preparation for burial or transportation of a dead body, the funeral director, the embalmer<<+, intern,+>> and assistants shall <<+ comply with OSHA regulations set forth at 29 CFR 1910.1030 and shall+>> use universal precautions according to <<-the->> Centers for Disease Control recommendations <<-(see->> <<+set forth in+>> Morbidity and Mortality Weekly Reports, <<-including->> Volume 38, S-6, June 23, 1989, and subsequent volumes available from the Centers for Disease Control, Atlanta, Georgia 30333 <<+or at www.cdc.gov+>><<-)->>, incorporated herein by reference, which shall include taking due care to prevent any spread of infection in the handling of such body during transportation, in preparation and during embalming, and after contact with such body, and shall disinfect their hands and remove any soiled clothing. All instruments, gloves, coverings and utensils used in embalming or in handling the body shall be disinfected immediately after being used. All fluids or other matters removed from such body in the process of embalming shall be disposed of in accordance with all applicable State, Federal and local laws and regulations governing medical and infectious waste.

<< NJ ADC 13:36-8.1 >>

13:36-8.1 Carrying license identification card

Every licensed practitioner of mortuary science shall in the conduct of business carry on his or her person the current license identification card <<+issued by the Board+>>.

<< NJ ADC 13:36-8.4 >>

13:36-8.4 Restrictions on employment

A licensed practitioner of mortuary science shall not employ or engage the services of any person other than his or her <<-registered->> intern or interns or another <<+licensed+>> practitioner <<+of mortuary science+>> in the embalming of <<-cadavers->> <<+human remains+>> or in the practice of <<+mortuary science or+>> funeral <<- management->> <<+directing+>> pursuant to N.J.S.A. 45:7-47.

<< NJ ADC 13:36-8.5 >>

13:36-8.5 Unauthorized license use

No licensed practitioner of mortuary science shall lend his or her license to any other person, or employ it in such a way as to defeat the purposes of the law; provided, however, this rule shall not prevent <<-the aforesaid->> <<+a+>> licensee from embalming <<-cadavers->> <<+ human remains+>> or supervising funerals and burials on behalf of out-of-State practitioners of mortuary science, funeral directors, or embalmers.

<< NJ ADC 13:36-8.6 >>

13:36-8.6 Business cards

(a) (No change.)

(b) A licensed practitioner of mortuary science shall include on all business cards, at a minimum, the licensee's name, the licensee's title or position, such as "Manager," or "Funeral Director," and <<-by March 18, 2003,->> the license number of the practitioner preceded by the phrase "N.J. Lic. No. _______."

(c) (No change.)

<< NJ ADC 13:36-8.7 >>

13:36-8.7 Authorized surrender of <<-cadavers->> <<+human remains+>>

A licensed practitioner of mortuary science shall promptly surrender <<-a cadaver->> <<+human remains+>> upon proper direction and authorization of the person lawfully entitled to its custody.

<< NJ ADC 13:36-8.8 >>

13:36-8.8 Authorization to embalm <<-cadaver->> <<+human remains+>>

No licensed practitioner of mortuary science shall take possession of or embalm <<-a cadaver->> <<+human remains+>> without first being directed and fully authorized to do by those charged with the duties of interment.

<< NJ ADC 13:36-8.9 >>

13:36-8.9 Funeral arrangements or quotation of funeral prices

(a) No unlicensed person shall be permitted to make funeral arrangements on behalf of any licensed practitioner of mortuary science, except that <<-duly registered->> interns may make such arrangements pursuant to N.J.S.A. 45:7-47.

(b) When funeral arrangements are being made, no one but a duly licensed practitioner of mortuary science <<+or an intern+>> shall quote prices to a consumer in connection with any funeral services and/or goods. Nothing contained in this section shall preclude quotation of prices when funeral arrangements are not being made.

<< NJ ADC 13:36-8.11 >>

13:36-8.11 Multiple burials

(a)-(c) (No change.)

(d) Each written authorization shall bear a number corresponding to the funeral record number <<-required by the funeral record keeping rule of this chapter->> and a signed copy shall be retained <<-by the funeral director making such arrangements->> for at least seven years thereafter<<+, as required pursuant to N.J.A.C. 13:36-1.8+>>.

<< NJ ADC 13:36-8.13 >>

13:36-8.13 Referral fees

(a) It shall be <<-occupational->> <<+professional+>> misconduct for a licensee to pay, offer to pay, or to receive from any person any fee or other form of compensation for the referral of a purchaser of goods and services.

(b) The prohibition of referral fees shall not prohibit the division of fees among licensees engaged in a bona fide employment <<-partnership or corporate->> <<+or other business+>> relationship for the delivery of <<-occupational->> <<+professional+>> services.

SUBCHAPTER 9. PREVENTON OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES

<< NJ ADC 13:36-9.1 >>

13:36-9.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. ...

<<-"Board" refers to the New Jersey State Board of Mortuary Science.->> ...

"Funeral goods" means goods which are sold or offered for sale directly to the public for use in connection with funeral services including, but not limited to, merchandise such as casket, vault or other enclosure, <<+urns,+>> clothing, prayer cards, register book, religious artifacts and any other items purchased by the licensed practitioner of mortuary science for resale without substantial alteration.

"Funeral provider" means any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public <<+and holds a certificate of registration to operate a mortuary in the State of New Jersey or+>> is a licensed practitioner of mortuary science <<-or the holder of a certificate of registration to operate a mortuary->> in the State of New Jersey. ...

<< NJ ADC 13:36-9.3 >>

13:36-9.3 Failure to disclose required price information: <<-An->> <<+ an+>> unfair or deceptive practice

(a) (No change.)

(b) To prevent the unfair or deceptive acts and practices mentioned in (a) above as well as those defined in N.J.A.C. 13:36-9.15(a), funeral providers <<-must->> <<+shall+>> comply with the provisions of N.J.A.C. 13:36-9.4, 9.5, 9.6, 9.7 and 9.8.

<< NJ ADC 13:36-9.5 >>

13:36-9.5 Casket price list

(a) Funeral providers shall give a printed or typewritten price list to people who inquire in person about the offerings or prices of caskets or alternative containers. The funeral provider shall offer the list upon beginning discussion of, but in any event before showing<<+,+>> caskets. The list shall contain at least the retail prices of all caskets and alternative containers offered which do not require special ordering, enough information to identify each, and the effective date for the price list.

1. In lieu of a <<-written->> <<+printed or typewritten+>> list, other formats, such as notebooks, brochures, or charts<<+,+>> may be used if they contain the same information as would the printed or typewritten list, displayed in a clear and conspicuous manner. <<+The price list shall not contain any handwritten information.+>> <<-Provided however, that funeral->>

<<+2. Funeral+>> providers do not have to make a casket price list available if the funeral providers place on the general price list, specified in N.J.A.C. 13:36-9.7, the information which is required by this section.

(b) Funeral providers shall place on the casket price list, regardless of whether it is printed or typewritten, or on any other format, the following information:

1. The name<<+, address and telephone number+>> of the registered mortuary <<+and the name, license number and title of the manager+>>;

2.-3. (No change.)

<< NJ ADC 13:36-9.6 >>

13:36-9.6 Outer burial container price list

(a) Funeral providers shall give a printed or typewritten price list to persons who inquire in person about outer burial container offerings or prices. The funeral provider shall offer the list upon beginning discussion of, but in any event before showing<<+,+>> the containers. The list shall contain at least the retail prices of all outer burial containers offered which do not require special ordering, enough information to identify each container, and the effective date for the price listed.

1. In lieu of a <<-written->> <<+printed or typewritten+>> list, the funeral provider may use other formats, such as notebooks, brochures, or charts, if they contain the same information as the printed or typewritten list, displayed in a clear and conspicuous manner. <<+The price list shall not contain any handwritten information.+>> <<-Provided however, that funeral->>

<<+2. Funeral+>> providers do not have to make an outer burial container price list available if the funeral providers place on the general price list, specified in N.J.A.C. 13:36-9.7, the information which is required by this section.

(b) Funeral providers shall place on the outer burial container price list, regardless of whether it is printed or typewritten, or on any other format, the following information:

1. The name<<+, address and telephone number+>> of the registered mortuary <<+and the name, license number and title of the manager+>>;

2.-3. (No change.)

<< NJ ADC 13:36-9.7 >>

13:36-9.7 General price list

(a) Funeral providers shall give a printed or typewritten price list for retention to persons who inquire in person about funeral arrangements or the prices of funeral goods or funeral services. <<+The price list shall not contain any handwritten information.+>> When people inquire in person about funeral arrangements or the prices of funeral goods or funeral services, the funeral provider shall offer them the list upon beginning discussion either of funeral arrangements or of the selection of any funeral goods or funeral services. The general price list shall contain at least the following information:

1. The name, address, and telephone number of the registered mortuary and the name<<+, license number and title+>> of the manager <<-or of the licensee in charge->>;

2. (No change.)

3. The effective date of the price list; <<+and+>>

4. If applicable, a statement disclosing the ownership of other registered mortuaries, as required pursuant to N.J.A.C. 13:36-5.21<<-; and->><<+.+>>

<<-5. In immediate conjunction with the price disclosures required by (b) below, the statement: "This list does not include prices for certain items that you may ask us to buy for you, such as cemetery or crematory services, flowers, and newspaper notices. The prices for those items will be shown on your bill or the statement describing the funeral goods and services you selected."->>

(b)-(c) (No change.)

<<+(d) Funeral providers shall include on the general price list the following disclosure statements:+>>

<<+1. In immediate conjunction with the price disclosures required by required by (b) above, "The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected." Provided, however, that if the charge for "services of funeral director and staff" cannot be declined by the purchaser, the statement shall include the sentence: "However, any funeral arrangements you select will include a charge for our services" between the second and third sentences of the statement specified above herein.+>>

<<+2. In immediate conjunction with the price disclosures required by (b) above, "This list does not include prices for certain items that you may ask us to buy for you, such as cemetery or crematory services, flowers, and newspaper notices. The prices for those items will be shown on your bill or the statement describing the funeral goods and services you selected."+>>

<<+3. In immediate conjunction with the price shown for embalming, "Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement which does not require you to pay for it, such as direct cremation or immediate burial;" and "If you choose to have an embalming performed, the decedent may be embalmed at a location other than this registered mortuary."+>>

<<+4. In immediate conjunction with the price range shown for direct cremations, "If you want to arrange a direct cremation, you can use an unfinished wood box or an alternative container. Alternative containers can be made of materials like heavy cardboard or composition materials (with or without an outside covering), or pouches of canvas." This disclosure shall only be placed on the general price list if the licensed practitioner of mortuary science arranges direct cremations.+>>

<<+5. In immediate conjunction with the prices shown for outer burial containers if such prices are included on the general price list, "In most areas of the country, no state or local law makes you buy a container to surround the casket in the grave. However, many cemeteries ask that you have such a container so that the grave will not sink in. Either a burial vault or a grave liner will satisfy these requirements."+>>

<< NJ ADC 13:36-9.8 >>

13:36-9.8 <<+Provision of+>> Statement of <<-funeral goods and services selected->> <<+Funeral Goods and Services Selected+>>

(a) Funeral providers shall <<-give an itemized written statement->> <<+ provide a Statement of Funeral Goods and Services Selected+>> for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. <<-This statement->> <<+The Statement of Funeral Goods and Services Selected+>> shall conform to the requirements of N.J.A.C. 13:36-1.9.

(b) (No change.)

(c) Funeral providers may give persons any other price information in any other format, in addition to that required by N.J.A.C. 13:36-9.5, 9.6 and 9.7 <<-so long as the statement->> <<+provided that the Statement of Funeral Goods and Services Selected+>> required by this section is given when required.

<< NJ ADC 13:36-9.9 >>

13:36-9.9 Embalming provisions

(a) (No change.)

(b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the unfair or deceptive acts or practices defined in N.J.A.C. 13:36-9.16 and 9.17(a), funeral providers shall:

1. (No change.)

<<-2. Place the following disclosures on the general price list, required by N.J.A.C. 13:36-9.7, in immediate conjunction with the price shown for embalming:->>

<<-i. "Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement which does not require you to pay for it, such as direct cremation or immediate burial;" and->>

<<-ii. "If you choose to have an embalming performed, the decedent may be embalmed at a location other than this registered mortuary."->>

<<+2. Provide on the general price list the disclosure statement required pursuant to N.J.A.C. 13:36-9.7(d)3.+>>

<< NJ ADC 13:36-9.10 >>

13:36-9.10 Casket for cremation provisions

(a) (No change.)

(b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the unfair or deceptive acts or practices defined in N.J.A.C. 13:36- 9.15(a), funeral providers shall <<-place the following disclosure in immediate conjunction with the price range shown for direct cremations: "If you want to arrange a direct cremation, you can use an unfinished wood box or an alternative container. Alternative containers can be made of materials like heavy cardboard or composition materials (with or without an outside covering), or pouches of canvas." This disclosure only has to be placed on the general price list if the funeral provider arranges direct cremations->> <<+provide on the general price list the disclosure statement required pursuant to N.J.A.C. 13:36-9.7(d)4+>>.

<< NJ ADC 13:36-9.11 >>

13:36-9.11 Outer burial container provisions

(a) (No change.)

(b) To prevent the deceptive acts or practices mentioned in (a) above, funeral providers <<-must place the following disclosure on->> <<+shall provide on+>> the outer burial container price list, <<+and if applicable, on the general price list, the disclosure statement+>> required by N.J.A.C. 13:36-9.7<<+(d)5+>><<-, in immediate conjunction with those prices: "In most areas of the country, no state or local law makes you buy a container to surround the casket in the grave. However, many cemeteries ask that you have such a container so that the grave will not sink in. Either a burial vault or a grave liner will satisfy these requirements."->><<+.+>>

<< NJ ADC 13:36-9.16 >>

13:36-9.16 Other required purchases

(a) (No change.)

(b) To prevent the unfair or deceptive act or practice mentioned in (a) above, funeral providers shall:

<<-1. Place the following disclosure in the general price list, immediately above the price required by N.J.A.C. 13:36-9.7(b) and (c): "the goods and services shown below are those we can provide to our customers. You may choose only the items you desire. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected." Provided, however, that if the charge for "services of funeral director and staff" cannot be declined by the purchaser, the statement shall include the sentence: "However, any funeral arrangements you select will include a charge for our services" between the second and third sentences of the statement specified above herein; and->>

<<+1. Provide the disclosure statement on the general price list required pursuant to N.J.A.C. 13:36-9.7(d)1; and+>>

2. <<-Place->> <<+Provide+>> the <<-following->> disclosure <<+ statement+>> on the <<-statement of funeral goods and services selected->> <<+Statement of Funeral Goods and Services Selected+>>, required by N.J.A.C. 13:36-<<-9.8:->><<+1.9.+>> <<-"Charges are only for those items that are used. If we are required by law to use any items, we will explain the reasons in writing below."->>

(c) (No change.)

<< NJ ADC 13:36-9.17 >>

13:36-9.17 Services provided without prior approval

(a) (No change.)

(b) To prevent the unfair or deceptive acts or practices mentioned in (a) above, funeral providers shall include on the contract, final bill, or other written evidence of the agreement or obligation given to the customer, <<-the statement: "If you selected a funeral which requires embalming, such as a funeral with viewing you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct cremation or immediate burial. If we charged for embalming, we will explain why below."->> <<+the disclosure statements required pursuant to N.J.A.C. 13:36-1.9(a).+>>

<< NJ ADC 13:36-9.18 >>

13:36-9.18 Retention of documents

To prevent the unfair or deceptive acts or practices specified in this subchapter, funeral providers shall retain and make available for inspection by Board officials true and accurate copies of the price lists specified in N.J.A.C. 13:36-9.5, 9.6 and 9.7, as applicable, for at least <<- one->> <<+three+>> year<<+s+>> after the date of their last distribution to customers, and a copy of each <<-statement of funeral goods and services selected->> <<+Statement of Funeral Goods and Services Selected+>>, as required by N.J.A.C. 13:36-<<-9.8->><<+1.9+>> for at least <<-six->> <<+seven+>> years from the date on which the statement was signed, in conformity with N.J.A.C. 13:36-1.9.

SUBCHAPTER 10. CONTINUING EDUCATION

<< NJ ADC 13:36-10.2 >>

13:36-10.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

<<-"Board" means the State Board of Mortuary Science of New Jersey.->> ...

<< NJ ADC 13:36-10.3 >>

13:36-10.3 Minimum credit hours for biennial license renewal

<<-(a) The Board shall not renew a mortuary science license for the biennial renewal period commencing March 1, 1999, or any following year, unless the licensee submits with the renewal application proof that he or she has completed courses of continuing professional competency of the types and number of credits specified in this subchapter. Proof of completion of the required number of professional development hours shall be in the form outlined in N.J.A.C. 13:36-10.10.->>

<<+(a) Each applicant for biennial license renewal shall complete a minimum of 10 credit hours of continuing education during the preceding biennial period, consistent with the requirements of (b) and (c) below.+>>

(b) <<-By the end of each biennial licensing period, every licensee shall, as a condition of license renewal, have successfully completed->> <<+A licensee shall obtain+>> 10 credit hours of continuing education <<+in+>> courses or seminars accredited by the Board. No more than three credit hours may be obtained, during each biennial license period, in courses or seminars dealing with funeral merchandise, such as caskets, outer burial containers and clothing.

(c) (No change.)

<< NJ ADC 13:36-10.4 >>

13:36-10.4 Exemptions

(a) (No change.)

<<-(b) A licensee who elects to become inactive pursuant to N.J.A.C. 13:36-4.14 shall not be required to demonstrate compliance with N.J.A.C. 13:36-10.3.->>

<<-(c)->><<+(b)+>> (No change in text.)

<< NJ ADC 13:36-10.5 >>

13:36-10.5 Waiver of continuing competency requirement

(a) The Board may, in its discretion, waive continuing <<- competency->> <<+education+>> requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause shown.

(b) Any licensee seeking a waiver of the continuing <<-competency->> <<+ education+>> requirement must apply to the Board, in writing, no later than three months prior to the expiration of the biennial licensing period then in effect, and set forth with specificity the reasons for requesting the waiver. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the waiver request.

(c) A person licensed for the first time by the Board shall have all continuing <<-competency->> <<+education+>> requirements waived solely for the remainder of that biennial licensing period.

(d) A licensee serving on active duty in the United States Armed Forces for a period of time exceeding 200 consecutive days in a biennial period shall have all continuing <<-competency->> <<+education+>> requirements waived for that biennial period.

<< NJ ADC 13:36-10.6 >>

13:36-10.6 Credentials Committee

(a) The Board shall appoint a Credentials Committee to assist it in establishing guidelines and criteria for the approval of continuing education courses and seminars. <<-The Committee shall consist of three members of the Board. Members of the Committee shall serve for one year from the date of appointment, unless they are serving the unexpired term of a former member, in which event they shall serve for the remainder of the unexpired term.->>

(b) (No change.)

<< NJ ADC 13:36-10.9 >>

13:36-10.9 Approval of course offerings

(a) A continuing <<-competency->> <<+education+>> provider may receive approval for a continuing <<-competency->> <<+education+>> course or program pursuant to the provisions of N.J.A.C. 13:36-10.7. <<-Prior to offering the course or program, the provider may apply for approval. However, the provider may also apply after the event to eliminate the need for individual licensees to apply under (b) below.->> <<+The provider may apply for approval either prior to or up to six months following the offering of a course or program.+>>

(b)-(c) (No change.)

<< NJ ADC 13:36-10.10 >>

13:36-10.10 Credit hour reporting procedure

(a) At the time of application for biennial license renewal, a licensee shall provide, on a form approved by the Board, a signed statement certifying that the licensee has completed the required number of continuing education credits. <<-The statement shall include, where applicable, the following:->>

<<-1. The date of each course or program attended;->>

<<-2. The number of continuing education credits claimed;->>

<<-3. The title of the course and a description of its content;->>

<<-4. The school, firm, or organization providing the course;->>

<<-5. The instructor; and->>

<<-6. The course location.->>

(b) (No change.)

(c) Failure to maintain records or falsification of any information submitted with the renewal application may result in an appearance before the Board and, upon notice to the licensee and the opportunity <<-for a hearing->> <<+to be heard, the assessment of+>> penalties and/or suspension of the license <<+pursuant to N.J.S.A. 45:1-21 et seq+>>.

(d) The Board shall review the records of licensees from time to time, on a random basis, to determine compliance with continuing <<- competency->> <<+education+>> requirements.

(e) Documentation of continuing <<-competency->> <<+education+>> requirements shall consist of the following:

1.-4. (No change.)

<< NJ ADC 13:36-10.11 >>

13:36-10.11 License reinstatement; activation

(a) The failure on the part of a licensee to renew his or her biennial license as required shall not relieve such person of the responsibility to maintain professional competence. At the time of application for reinstatement <<+ pursuant to N.J.A.C. 13:36-4.1+>>, the licensee shall submit satisfactory proof to the Board that he or she has successfully completed all delinquent continuing education credits acceptable to the Board up to a maximum of 25 credits.

(b) (No change.)

SUBCHAPTER 11. PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS

<< NJ ADC 13:36-11.1 >>

13:36-11.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. ...

<<-"Board" means the State Board of Mortuary Science of New Jersey.->> ...

<<-"Licensee" means a person licensed to engage in the practice of mortuary science in the State of New Jersey.->> ...

"Statement of <<-funeral goods and services->> <<+Funeral Goods and Services Selected+>>" means the itemized written statement required to be given to each person making funeral arrangements in accordance with the regulations of the Federal Trade Commission (16 C.F.R. 453.2) and the Board (N.J.A.C. 13:36-1.8 and 9.8).

<< NJ ADC 13:36-11.2 >>

13:36-11.2 License and registration required; <<-statement of funeral goods and services->> <<+Statement of Funeral Goods and Services Selected+>> and preneed arrangement required; price lists; compliance with at need laws

(a)-(c) (No change.)

(d) No provider shall offer, enter into, or offer to enter into a prepaid funeral <<-agreement->> <<+arrangement+>>, whether funded by a funeral trust or funeral insurance policy, unless at the time of said transaction the provider furnishes the purchaser with:

1. (No change.)

2. A separate <<-statement of funeral goods and services->> <<+ Statement of Funeral Goods and Services Selected+>> for the intended funeral recipient describing and itemizing the prepaid funeral goods and services agreed upon<<+, completed and signed+>> in accordance with N.J.A.C. 13:36-1.9 <<-and 9.8->>, whether or not the prepaid funeral agreement itself itemizes the funeral goods and services to be furnished at the time of need<<+. A separate Statement of Funeral Goods and Services Selected shall also be completed and signed in accordance with N.J.A.C. 13:36-1.9 when at need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement+>>; and

3. (No change.)

(e)-(f) (No change.)

<< NJ ADC 13:36-11.3 >>

13:36-11.3 Contents of a prepaid funeral <<-arrangement->> <<+ agreement+>>

(a) Every prepaid funeral agreement shall be signed by the provider, the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent or next of kin, shall be in writing and, together with the requisite separate <<-statement of goods and services->> <<+Statement of Funeral Goods and Services Selected+>> required pursuant to N.J.A.C. 13:36-11.2, shall be provided to the purchaser at the time of entering into a prepaid funeral agreement. Every written prepaid funeral agreement shall, at a minimum, include the following information:

1. The name<<+, title+>> and license number of the provider<<+, and the name, title and license number of the manager if different from the provider making the arrangements+>>;

2.-7. (No change.)

8. Notice that a <<-prepared->> <<+prepaid+>> funeral agreement may be funded by an irrevocable trust or irrevocable funeral insurance policy when the intended funeral recipient is an aged, blind or disabled applicant for, or recipient of, the public assistance programs provided for by N.J.S.A. 44:7- 85 et seq., or is a similarly situated individual who reasonably anticipates applying for such assistance within six months from the execution of the prepaid funeral agreement<<-.->><<+;+>>

9.-15. (No change.)

<< NJ ADC 13:36-11.12 >>

13:36-11.12 Deposit of preneed funds; commingling of funds prohibited; proof of establishment of trust

(a) Providers shall deposit all moneys received in connection with the establishment of a prepaid funeral agreement in a funeral trust or with the appropriate insurance company within 30 days of the receipt of such moneys by the provider <<-or licensee->>.

(b) (No change.)

(c) No provider <<-or licensee->> shall commingle any funds received in payment for a prepaid funeral agreement or preneed arrangement in any business or personal checking or banking account, or in any other place other than where authorized by (a) and (b) above.

(d) (No change.)

(e) No provider <<-or licensee acting on behalf of a provider->> shall apply any funds, whether principal or interest, from a prepaid funeral trust or funeral insurance policy to pay for any funeral goods or services or for any other expenses or use until the death of the intended funeral recipient except as provided by N.J.S.A. 3B:11-16 and N.J.A.C. 13:36-11.7<<-, Pooled trusts->>.

<< NJ ADC 13:36-11.14 >>

13:36-11.14 Other prohibited acts

(a) No provider or <<-licensee or->> person, firm, or corporation acting on behalf of a provider <<-or licensee->>, including solicitors, agents, canvassers, employees or other persons acting on behalf of such person, firm or corporation, for the purpose of selling, contracting or offering to sell prepaid funeral agreements or preneed funeral arrangements on behalf of said provider <<-or licensee,->> shall:

1.-6. (No change.)

(b)-(i) (No change.)

<< NJ ADC 13:36-11.15 >>

13:36-11.15 Presumption; aiding and abetting; vicarious liability; duty to report violations

(a) Any provider <<-or licensee acting on behalf of the provider->> shall be conclusively presumed to know his, her or its obligations relevant to the deposit, maintenance, application and refund of funeral trust funds and funeral insurance policies.

(b)-(c) (No change.)

(d) Any <<-licensee who is actively engaging in the business of mortuary science as a->> provider or <<-an employee of a provider->> <<+ licensee+>> who has knowledge of any violation of this subchapter or of the preneed statutes by any licensee, person, firm or corporation, shall immediately report such violation to the Board and shall provide to the Board all evidence and knowledge of said violation.

<< NJ ADC 13:36-11.16 >>

13:36-11.16 Preneed ledgers of active prepaid funeral agreements and preneed funeral arrangements; maintenance of records of prepaid agreements and preneed arrangements; compilation of preneed ledger; biennial registration

(a)-(d) (No change.)

(e) The records of prepaid funeral agreements referred to in (d) above shall accurately reflect:

1.-2. (No change.)

3. The death of an intended funeral recipient, including:

i.-ii. (No change.)

iii. The original <<-statement of funeral goods and services->> <<+and any revised preneed Statement of Funeral Goods and Services Selected,+>> <<-and any revised statement->> <<+and the at need Statement of Funeral Goods and Services Selected+>>;

iv.-v. (No change.)

(f) (No change.)

(g) All other records made and maintained pursuant to (d) above shall be retained for a period of <<-six->> <<+seven+>> years from the date of death of the intended funeral recipient, <<+or the+>> transfer <<- or->><<+,+>> assignment, or refund <<+of the prepaid funds,+>> or <<+the+>> revocation <<+of the preneed funeral arrangement+>>.

(h)-(i) (No change.)

(j) The <<-licensee->> <<+provider+>> shall certify in the biennial renewal application of all registered mortuaries that all records maintained pursuant to this section are in existence and are available for inspection.

<< NJ ADC 13:36-11.17 >>

13:36-11.17 Records provided to the Board and to successors in interest

(a) A copy of the Preneed Ledger required to be maintained by N.J.A.C. 13:36-11.16(a) shall be provided to the Executive Director of the Board by the manager or <<-licensee in charge->> <<+owner of the registered mortuary+>> immediately upon:

1.-2. (No change.)

3. <<-Immediately upon the->> <<+The+>> filing of any form of bankruptcy by the provider or <<+the owner of the+>> registered mortuary.

(b) Upon request, any records required to be maintained by N.J.A.C. 13:36- 11.16 shall be made available to the Board and its Executive Director upon:

1. Any change in ownership of a registered <<-facility->> <<+ mortuary+>> as defined by N.J.A.C. 13:36-4.5;

2. (No change.)

3. The transfer of a funeral establishment to a new location as defined by N.J.A.C. 13:36-<<-5.13->><<+5.3(b)+>>; or

4. (No change.)

(c) Whenever the records required to be maintained by N.J.A.C. 13:36-11.16 are moved from a provider's existing registered <<-facility->> <<+ mortuary+>>, the provider shall notify the Board immediately of the new location of the records and of the identity of the person responsible for their safekeeping.

(d) The records required to be maintained by N.J.A.C. 13:36-11.16 shall be made available by the manager<<+, provider,+>> or <<-licensee in charge->> <<+owner of the registered mortuary+>> to any person or entity assuming a new ownership interest, or a part thereof, or any person newly assuming the position of manager, at least 10 days prior to such change in ownership or manager, unless otherwise mutually agreed upon by the parties.

(e) When a provider or <<+owner of the+>> registered mortuary files for any form of bankruptcy the manager <<-or licensee in charge->> shall immediately furnish the records required to be maintained pursuant to N.J.A.C. 13:36-11.16 to the trustee in bankruptcy, together with a notification that the Preneed Ledger has been provided to the Board as required by (a) above.

<< NJ ADC 13:36-11.18 >>

13:36-11.18 Notification of purchaser of transfer of ownership

(a) Whenever a <<+provider or owner of the registered+>> mortuary is required to obtain a new certificate of registration <<+pursuant to N.J.A.C. 13:36-4.5+>>, the new manager or <<-licensee in charge->> <<+owner of the registered mortuary+>> shall notify in writing the owners of all prepaid funeral agreements then in effect of their options to elect to maintain their prepaid funeral agreements at the present location or to transfer or assign their prepaid funeral agreements and preneed funeral arrangements to a different mortuary within 30 days of the change of ownership, or death of a licensee or owner.

(b) (No change.)

(c) Proof that the notice required by (a) above was delivered <<+to the purchasers of prepaid funeral agreements+>> shall be furnished to the Board by the new manager or <<-licensee in charge->> <<+owner of the registered mortuary+>> within 10 days of said delivery <<+and shall be maintained by the registered mortuary consistent with the recordkeeping requirements set forth at N.J.A.C. 13:36-1.8+>>.

<< NJ ADC 13:36-11.19 >>

13:36-11.19 Notification of dissolution or bankruptcy

(a) Whenever a <<+provider or owner of a+>> registered mortuary discontinues business or files for bankruptcy, the manager or <<-licensee in charge->> <<+owner+>> shall provide written notice of said discontinuation or bankruptcy to all purchasers of active prepaid funeral agreements.

(b)-(c) (No change.)

(d) Proof that the required notice was delivered <<+to the purchasers of prepaid funeral agreements+>> shall be immediately furnished to the Board by the manager or <<-licensee in charge->> <<+owner of the registered mortuary and shall be maintained by the registered mortuary consistent with the recordkeeping requirements set forth at N.J.A.C. 13:36-1.8+>>.



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