NEW JERSEY REGISTER
VOLUME 33, NUMBER 15
MONDAY, AUGUST 6, 2001
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MORTUARY SCIENCE

RECORDKEEPING BY PRACTITIONER OF MORTUARY SCIENCE;
PRACTICAL EXAMINATION REQUIREMENTS; DISPLAY OF "MANAGER" SIGN; EQUIPMENT REQUIREMENTS;
ADVERTISING; DIVULGING SECRETS; BUSINESS CARDS; PRESENCE OF LICENSEE FOR THE
DISPOSITION OF DEAD HUMAN BODY; MULTIPLE BURIALS;
PUBLIC ACCOMMODATIONS; REFERRAL FEES; GENERAL PRICE LIST

Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.

Proposed Amendments: N.J.A.C. 13:36-1.8, 3.7, 5.1, 5.6, 5.12, 8.2, 8.10, 8.11 and 9.7

Proposed Repeals: N.J.A.C. 13:36-5.19 and 5.20

Proposed New Rules: N.J.A.C. 13:36-8.6, 8.12 and 8.13

Authorized By: State Board of Mortuary Science, Paul Brush, Executive Director.

Authority: N.J.S.A. 45:7-38.

Proposal Number: PRN 2001-301.

Submit comments by September 5, 2001 to:

Paul Brush, Executive Director
State Board of Mortuary Science
124 Halsey Street
PO Box 45009
Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to its general rulemaking authority, N.J.S.A. 45:7-38, the State Board of Mortuary Science (the Board) proposes amendments to the rules contained in Chapter 36 to address various concerns raised by members of the regulated community. The Board also proposes a new rule, N.J.A.C. 13:36-8.6, concerning the use of business cards by licensees and unlicensed persons associated with a registered mortuary. The Board believes that the proposed amendments and new rule are reasonable and necessary to promote the health, safety and welfare of New Jersey consumers seeking mortuary services.

The Board proposes to amend N.J.A.C. 13:36-1.8(a), which sets forth recordkeeping requirements for practitioners, to provide that the registered mortuary must maintain accurate records of all funerals in which it participates in any manner. The rule currently provides that licensed practitioners must maintain such records. The Board believes that the recordkeeping responsibilities delineated in N.J.A.C. 13:36-1.8 are more appropriately placed upon the registered mortuary. The proposed amendment will ensure that funeral records are maintained in a central location, as opposed to being maintained at different locations by the various practitioners who may be associated with an establishment. In addition, the Board is proposing to amend N.J.A.C. 13:36-1.8(c)4 to provide that the records maintained by the mortuary must include, if applicable, the name and license number of the practitioner or intern who provided embalming and/or sanitary care services as part of a funeral. The Board proposes this amendment in order to ensure that this relevant information is maintained by the mortuary as part of the permanent record for a funeral. The existing provisions at N.J.A.C. 13:36- 1.8(c)4 and 5 are recodified as (c)5 and 6, without change.

The Board also proposes to amend N.J.A.C. 13:36-3.7, which sets forth the requirements for the practical examination. N.J.A.C. 13:36-3.7(a) currently provides that no candidate shall be allowed to take the practical examination unless he or she has completed the required written examinations and the required period of internship. The Board proposes to amend N.J.A.C. 13:36- 3.7(a) to provide candidates for the practical examination the option of taking the exam if they have completed the required written examinations, and they are within 90 days of completing their prescribed internship. The Board proposes this amendment in order to allow candidates greater flexibility in scheduling the practical examination. The Board believes that the delay that is caused by requiring a candidate to wait until the end of his or her internship period before taking the practical examination is unnecessary and does not provide any tangible benefit to the candidate or to the public.

The Board proposes to amend N.J.A.C. 13:36-5.1, which requires the display of the manager sign at all funeral establishments, to provide a cross reference to N.J.A.C. 13:36-5.12, the Board's rule governing advertisements, for clarification purposes. N.J.A.C. 13:36-5.1 provides that the name of the licensee in charge, along with the title "manager," "senior director" or "executive director" must appear on all stationery, billheads or advertisements. The proposed cross reference to N.J.A.C. 13:36-5.12 will clarify for licensees that any advertisements containing the firm name must comply with the advertising requirements set forth at N.J.A.C. 13:36-5.12.

The Board proposes several amendments to N.J.A.C. 13:36-5.6, concerning the equipment that must be maintained in all preparation and embalming rooms, for clarification purposes. N.J.A.C. 13:36-5.6(a)6, which currently provides that all establishments must have a hydro-aspirator with approved vacuum breaker, is amended to provide that establishments may also utilize an electric aspirator. N.J.A.C. 13:36-5.6(a)7, which provides that all establishments must be equipped with a waste sink installed pursuant to the provisions of the Uniform Construction Plumbing Subcode at N.J.A.C. 5:23, is amended to clarify for establishment owners that the waste sink must have a minimum two inch drain. N.J.A.C. 13:36-5.6(a)10 is also amended to provide that the preparation or embalming room must be equipped with apparel and equipment required by the Department of Environmental Protection ("DEP") regulations. The requirement contained at N.J.A.C. 13:36-5.6(a)14, which provided that all preparation and embalming rooms must be equipped with a grooved director, is proposed to be deleted because this piece of equipment is no longer used by practitioners. The remaining provisions of the rule, N.J.A.C. 13:36-5.6(a) 15 through 25, are recodified as (a)14 through 24, without change, except that recodified N.J.A.C. 13:36-5.6(a)14, which requires a preparation room to contain an aneurism needle, is amended to require all rooms to be equipped with an aneurism hook. This change is proposed in order to provide the correct terminology for the referenced instrument.

The Board also proposes to amend N.J.A.C. 13:36-5.12 which sets forth the Board's requirements concerning advertising. The definition of advertising is amended to provide that an advertisement now includes business cards when business cards are used as copy in an advertisement, or are published, disseminated, circulated or broadcast in the public media. The Board proposes this amendment to clarify for licensees when business cards will be considered a form of advertising and, therefore, will be subject to the requirements set forth at N.J.A.C. 13:36-5.12. The definition of "public media" is also amended to include the internet and to provide that manager signs subject to the requirements of N.J.A.C. 13:36-5.1, or establishment signs subject to the requirements of N.J.A.C. 13:36-5.10, are not included within the definition. The Board proposes these amendments in order to clarify that the referenced signs need not be changed to comply with the general advertising requirements.

The Board also proposes to amend N.J.A.C. 13:36-5.12(c) to require that all advertisements contain, within 12 months following the effective date of the section, the license number of the practitioner preceded by the phrase "N.J. Lic. No.____." The Board believes that the inclusion of a practitioner's license number on all advertisements 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 amendment will not become effective for 12 months following the publication of the adoption of this section because the Board believes that immediate application of the rule could impose a financial hardship upon licensees. The Board is also proposing other technical amendments to N.J.A.C. 13:36-5.12 for clarification purposes.

N.J.A.C. 13:36-5.19, concerning public accommodations, and N.J.A.C. 13:36-5.20, concerning referral fees, are proposed to be recodified as N.J.A.C. 13:36-8.12 and 8.13 with technical changes. The rules are being moved to subchapter 8 because both N.J.A.C. 13:36-5.19 and 5.20 are general rules of practice and are more appropriately codified in that subchapter. N.J.A.C. 13:36-5.19 and 5.20 are reserved.

N.J.A.C. 13:36-8.2, concerning divulging secrets, is amended to provide that a licensee must disclose any relevant information obtained during the rendering of mortuary services to the appropriate authorities if such disclosure is required by any State or Federal law or rule. The Board proposes this amendment in order to ensure that licensees are fully aware of the obligations imposed upon them to cooperate with State and Federal agencies when the law requires. The Board also proposes technical amendments to N.J.A.C. 13:36-8.2 for clarification purposes.

The Board proposes a new rule at N.J.A.C. 13:36-8.6 concerning business cards. The Board proposes this new rule in response to numerous inquiries it has received from licensees and establishment owners regarding the use of business cards by licensed persons, as well as by unlicensed persons who are affiliated with a registered mortuary. N.J.A.C. 13:36-8.6(a) provides that business cards may be used by licensed practitioners and unlicensed persons associated with a registered mortuary for identification purposes. Business cards which are used as copy for an advertisement, or which are circulated in the public media, however, must conform to the requirements of the advertising rule set forth at N.J.A.C. 13:36-5.12. Subsection (b) requires a licensed practitioner to include on his or her business card, the licensee's name, his or her title or position, and within twelve months following the effective date of the rule, the license number of the practitioner preceded by the phrase "N.J. Lic. No. _______." As discussed above, the Board believes that requiring disclosure of the practitioner's license number will benefit consumers. The Board has also taken into account the financial hardship that may be borne by licensees who currently have business cards that do not include license numbers. As a result, the Board proposes to provide licensees with a full year following the effective date of the rule to obtain business cards that satisfy the requirements of N.J.A.C. 13:36-8.6. N.J.A.C. 13:36-8.6(c) prohibits a registered mortuary from permitting an unlicensed person associated with the establishment from using a business card, unless the person's name and title appear on the card. The business card of an unlicensed person must not in any way imply or connote that the person is licensed by the Board.

The Board proposes to amend N.J.A.C. 13:36-8.10, which concerns the presence of a Board licensee at the disposition of a dead body, to clarify the intended meaning of the rule. Currently, the rule provides a citation to a New Jersey Board of Cemetery rule, N.J.A.C. 3:41-7.4, which has since been recodified as N.J.A.C. 13:44J-7.4, and states that no interment, cremation or other disposition of a body, or any disinterment thereof, shall be made by any person in the State, unless a licensed practitioner of mortuary science is present at the time of disposition. The Board proposes to amend the rule to provide that except for the transfer of remains from a place of temporary storage to a place of final entombment or interment within a single cemetery as provided for by the Board of Cemetery rule, no interment, cremation or other disposition, or disinterment of a human body may be carried out without the presence of a licensed practitioner of mortuary science. The Board believes the proposed amendment will help clarify for licensees when their presence is required at the disposition referenced by the Cemetery Board rule.

The Board proposes a technical amendment to N.J.A.C. 13:36-8.11 which concerns the multiple burial of deceased persons in the same casket or container. The proposed amendment clarifies for licensees that they must obtain permission to perform the multiple burial from a person authorized to make interment decisions for each decedent prior to the burial.

The Board also proposes to amend the requirements for the general price lists, set forth at N.J.A.C. 13:36-9.7. The Board proposes to amend N.J.A.C. 13:36-9.7(a)1 to require that the name of the manager or the licensee in charge be included on the list in addition to the current requirement that the name, address and telephone number of the establishment be provided. The Board believes that this information will be useful to consumers in the event that they would like to contact the establishment and speak to the manager or licensee in charge.

Social Impact

The Board believes that the proposed amendments and new rules will have a positive impact upon licensees and consumers. Specifically, the Board believes that the proposed amendments to N.J.A.C. 13:36-1.8, which will now require the registered mortuary to maintain the complete records of all funerals in which it participates, and which will also require the name and license number of the practitioner or intern who provided embalming or sanitary care services to be maintained as part of the record, will ensure that the most accurate records are maintained by a funeral establishment. The Board also believes that the proposed amendment to the practical examination requirements of N.J.A.C. 13:36-3.7 will have a positive impact upon applicants for licensure to the extent that candidates for licensure will be able to sit for the practical examination if they are within six months of completing their internship. The proposed amendment may shorten the amount of time that some applicants must wait prior to being licensed.

The proposed amendments to the equipment requirements set forth at N.J.A.C. 13:36-5.6 will have a positive impact upon licensees by clarifying what equipment must be maintained in all preparation and embalming rooms. In addition, the Board believes that the proposed amendments to the advertising rule set forth at N.J.A.C. 13:36-5.12 and proposed new rule N.J.A.C. 13:36-8.6, concerning the use of business cards, will have a positive impact upon licensees by clarifying any confusion that may exist regarding when business cards may be used by licensed and unlicensed persons, and when such business cards will be deemed professional advertisement.

The proposed amendments to N.J.A.C. 13:36-8.2, 8.10, 8.11 and 9.7, and the repeal of N.J.A.C. 13:36-5.19 and 5.20 and relocation of their text with technical changes as new rules N.J.A.C. 13:36-8.12 and 8.13, the Board believes, help to clarify existing requirements in the rules and provide licensees with clearer direction as to appropriate business practices.

Economic Impact

The Board believes that the proposed amendment to N.J.A.C. 13:36-1.8 may have an economic impact upon registered mortuaries to the extent that establishments may incur administrative expenses associated with the new recordkeeping requirements of subsection (a). In addition, the Board believes that the proposed amendment to N.J.A.C. 13:36-3.7, which will allow candidates for the practical examination to take the examination if they are within 90 days of completing their internship, may have an economic impact upon applicants for licensure to the extent that some candidates may be eligible for licensure sooner than they would if they had to wait until the conclusion of the internship period to take the examination.

The proposed amendment to N.J.A.C. 13:36-5.12(c), which provides that all advertisements must contain, within 12 months of the effective date of the section, the license number of the practitioner preceded by the phrase "N.J. Lic. No.___" may have an economic impact upon licensees to the extent that existing advertisements may need to be changed in order to ensure compliance with the proposed amendment. The Board, however, believes that the economic impact to licensees will be minimal and that any financial hardship to be borne by licensees will be minimized by the fact that licensees have a full 12 months to comply with the new requirements. The Board believes that the proposed new rule at N.J.A.C. 13:36-8.6, concerning business cards, may have a similar economic impact upon licensees to the extent that the proposed new rule will require the inclusion of a license number on all business cards 12 months following the effective date of the new rule.

N.J.A.C. 13:36-8.13, concerning referral fees, will continue to have an economic impact upon licensees, to the extent that the recodified rule continues to prohibit a licensee from paying or receiving any fee or other form of compensation for the referral of purchaser of goods and services. Some licensees may also experience administrative expenses as a result of the proposed amendment to N.J.A.C. 13:36-9.7, concerning the general price list, to the extent that licensees will now have to include additional information on the list.

The Board believes that the economic impact to licensees as a result of the proposed amendments and new rules will be minimal and that such impact is outweighed by the need to ensure the health, safety and welfare of New Jersey consumers in the provision of mortuary services.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments and new rules are governed by N.J.S.A. 45:7-32 et seq., and, therefore, are not subject to any Federal standards or requirements.

Jobs Impact

The Board does not believe that the proposed amendments and new rules will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed amendments and new rules will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

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

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed amendments and 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 rules, to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses and to set forth whether the rules establish differing compliance requirements for small businesses.

The proposed amendments and new rules do not impose any reporting requirements upon Board licensees. The proposed amendments to N.J.A.C. 13:36-1.8 will impose recordkeeping requirements upon licensees to the extent that registered mortuaries must maintain full and accurate records of all funerals in which the mortuaries participate in any manner. The records must include the name and license number of the practitioner or intern who provided embalming and/or sanitary care services to the decedent. The remainder of the proposed amendments and new rules will impose various compliance requirements upon applicants for licensure, licensees and funeral establishment owners.

N.J.A.C. 13:36-3.7(a) prohibits an applicant for licensure from taking the practical examination until he or she has completed the written examinations prescribed under N.J.S.A. 45:7-49 and he or she is within 90 days of completing his or her internship. N.J.A.C. 13:36-5.1(b) requires the name of the licensee in charge to appear, along with the title "manager," "senior director" or "executive director" on all stationery, billheads, advertising, and in all other instances where the mortuary firm name is used. The use of these titles must be consistent with the advertising rule at N.J.A.C. 13:36- 5.12. The proposed amendments to N.J.A.C. 13:36-5.6 require a funeral establishment to maintain various equipment in its preparation or embalming room, including a hydro-aspirator or an electric aspirator, and a waste sink with a minimum two inch drain. The proposed amendments to N.J.A.C. 13:36-5.6 also require a funeral establishment to provide each licensee or trainee with apparel and equipment required by OSHA and DEP regulations.

The proposed amendments to N.J.A.C. 13:36-5.12, concerning advertisements, require licensees to include on all advertisements, within 12 months following the effective date of the section, the practitioner's license number preceded by the phrase "N.J. Lic. No._______." The proposed amendment to N.J.A.C. 13:36-8.2, concerning divulging secrets, requires a licensee to divulge information to an authorized agency if any State or Federal law or rule requires disclosure.

Proposed new rule N.J.A.C. 13:36-8.6, concerning business cards, will impose various compliance requirements upon licensees and establishment owners. Specifically, N.J.A.C. 13:36-8.6(a) provides that business cards may be used by licensees and unlicensed persons associated with a registered mortuary for identification purposes. Business cards which are used as copy for an advertisement or which are published, disseminated, circulated or broadcast in the public media must conform to the requirements of N.J.A.C. 13:36-5.12. Subsection (b) requires a licensee to include on all business cards the licensee's name, his or her title or position at the mortuary, and within twelve months following the effective date of the section, the practitioner's license number preceded by the phrase "N.J. Lic. No._______." Subsection (c) requires a registered mortuary to ensure that the business card of an unlicensed person associated with the registered mortuary does not in any way connote that the person is licensed by the Board.

The proposed amendments to N.J.A.C. 13:36-8.10 will impose compliance requirements upon licensees to the extent that a licensed practitioner must be present at any interment, cremation or other disposition of a human body, or any disinterment of a body carried out in New Jersey, except for the transfer of remains from a place of temporary storage to a place of final entombment or interment within a single cemetery. The proposed amendment to N.J.A.C. 13:36-8.11, concerning multiple burials, will impose compliance requirements upon licensees to the extent that a licensee must obtain authorization to perform a multiple burial from the person charged with the duty of interment for each decedent to be interred or cremated together.

N.J.A.C. 13:36-8.12 requires all funeral establishments to abide by public accommodation laws, including the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. N.J.A.C. 13:36-8.13 prohibits a licensee from paying, offering to pay, or receiving from any person a fee or other compensation for the referral of a purchaser of goods and services. The prohibition against referral fees will not prohibit the division of fees among licensees engaged in a bona fide employment partnership or corporate relationship for the delivery of mortuary services. The proposed amendment to N.J.A.C. 13:36-9.7 requires licensees to include the name of the manager or of the licensee in charge on all general price lists.

No additional professional services will be needed to comply with the proposed amendments and new rules. The costs of compliance with the proposed amendments and new rules are addressed in the Economic Impact above. The Board believes that the proposed amendments and new rules should be uniformly applied to all licensed practitioners of mortuary science and to all registered mortuaries to ensure the health, safety and welfare of New Jersey consumers and, therefore, no differing compliance requirements for any licensees or establishment owners are provided based on size.

Full text of the proposal follows:

<<NJ ADC 13:36-1.8 >>

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

(a) <<-All licensed practitioners of mortuary science->> <<+The registered mortuary+>> shall <<-be required to->> maintain full, accurate records of all funerals which <<-they->> <<+it+>> conduct<<+s+>> or in which <<-they->> <<+it+>> participate<<+s+>> in any manner.

(b) (No change.)

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

1.-3. (No change.)

<<+4. The name and license number of the practitioner or intern who provided embalming and/or sanitary care services;+>>

Recodify existing 4. and 5. as <<+5. and 6.+>> (No change in text.)

<<NJ ADC 13:36-3.7 >>

13:36-3.7 Practical examination requirements

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

(b) (No change.)

<<NJ ADC 13:36-5.1 >>

13:36-5.1 Display of "Manager" sign

(a) (No change.)

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

<<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.-5. (No change.)

6. Hydro-aspirator with approved vacuum breaker<<+, electric aspirator,+>> or other approved aspirator;

7. Waste sink <<-installed pursuant to the provisions of N.J.A.C. 5:23->> <<+with a minimum two inch drain+>>;

8.-9. (No change.)

10. For each licensee and trainee, protection, apparel and/or equipment as required by all applicable standards of the Occupational Safety and Health Administration Agency (OSHA) <<+and N.J.A.C. 7:26-3A, the Department of Environmental Protection regulations which implement the Comprehensive Regulated Medical Waste Management Act, N.J.S.A. 13:1E-48.1 et seq+>>.

11.-13. (No change.)

<<-14. One grooved director equal;->>

<<-15.->><<+14.+>> One aneurism <<-needle->> <<+hook+>>;

Recodify existing 16.-25. as <<+15.-24.+>> (No change in text.)

(b) (No change.)

<<NJ ADC 13:36-5.12 >>

13:36-5.12 Advertising

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

<<-1.->><<+ +>>"Advertisement" means any attempt, direct or indirect, by publication, dissemination, circulation or broadcast through the public media to induce any person or entity to purchase or enter into an agreement to accept mortuary or funeral services or merchandise. "<<+Advertisement" includes business cards when business cards are used as copy in an advertisement or are published, disseminated, circulated or broadcast in the public media as defined below.+>>

<<-2.->> "Public media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, letters, billboards, aerial displays, signs, television, radio, <<+ internet+>> and any other similar item, document, publication or device used to communicate to the general public or to a specific group. <<+"Public media" does not include manager signs which are subject to the requirements of N.J.A.C. 13:36-5.1 or establishment signs which are subject to the requirements of N.J.A.C. 13:36-5.10.+>>

<<-3.->> "Licensee" means licensed practitioner of mortuary science as defined by N.J.S.A. 45:7-34(g).

<<-4.->> "Prior 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.

<<-5.->> "Testimonial" means a statement by a person referring to his or her family's personal experience with a mortuary or licensee.

(b) (No change.)

(c) Advertisements shall contain the true firm name, address, and telephone number of the facility as registered with the Board. Advertisements shall also contain the name of the manager or licensee in charge<<+, and, within 12 months following the effective date of this section, the license number of the practitioner preceded by the phrase "N.J. Lic. No. _______."+>>

(d)-(l) (No change.)

<<NJ ADC 13:36-5.19 >>

<<-13:36-5.19 Public accommodations->>

<<-All funeral establishments are places of public accommodation and subject to public accommodation laws including the laws against discrimination.->>

<<NJ ADC 13:36-5.20 >>

<<-13:36-5.20 Referral fees->>

<<-It shall be occupational 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. The within prohibition shall not prohibit the division of fees among licensees engaged in a bona fide employment, partnership or corporate relationship for the delivery of occupational services.->>

<<NJ ADC 13:36-5.19 >>

<<NJ ADC 13:36-5.20 >>

<<+13:36-5.19 and 5.20 (Reserved)+>>

<<NJ ADC 13:36-8.2 >>

13:36-8.2 Divulging secrets

<<+(a)+>> A licensed practitioner of mortuary science shall not divulge or permit his or her agents or employees to divulge any privacies, confidences or secrets that may come to his or her attention through the practice of mortuary science. <<-However, this rule->>

<<+(b) This section+>> shall not be invoked to circumvent the Board's legal <<-powers->> <<+authority+>> to carry out its duties and responsibilities under the law, nor the powers of the courts and other public bodies to compel the giving of testimony<<+, nor any State or Federal law or rule that requires disclosure of such information+>>.

<<NJ ADC 13:36-8.6 >>

13:36-8.6 <<-(Reserved)->> <<+Business cards+>>

<<+(a) Business cards may be used by licensed practitioners of mortuary science and unlicensed persons associated with a registered mortuary, for identification purposes only, as set forth in (b) and (c) below. Business cards which are used as copy for an advertisement or which are published, disseminated, circulated or broadcast in the public media shall be subject to the requirements set forth in N.J.A.C. 13:36-5.12.+>>

<<+(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 within 12 months following the effective date of this section, the license number of the practitioner preceded by the phrase "N.J. Lic. No. _______."+>>

<<+(c) A registered mortuary shall not permit an unlicensed person associated with the registered mortuary to use a business card for identification purposes unless the name and title or position of the unlicensed person appears on the card. An unlicensed person's business card shall not in any way connote that the person is licensed by the Board.+>>

<<NJ ADC 13:36-8.10 >>

13:36-8.10 Presence of licensee for the disposition of dead human body

<<-Pursuant to N.J.A.C. 3:41-7.4->> <<+Except for the transfer of remains from a place of temporary storage to a place of final entombment or interment within a single cemetery as provided in N.J.A.C. 13:44J-7.4+>>, no interment, cremation or other disposition of a dead human body, or any disinterment thereof, shall be made by <<+any person in+>> the State of New Jersey unless a New Jersey licensed practitioner of mortuary science is present at the time of disposition, provided, however, that this rule shall not apply to a disinterment resulting from a court order in connection with a criminal investigation.

<<NJ ADC 13:36-8.11 >>

13:36-8.11 Multiple burials

(a) No licensed practitioner of mortuary science shall place the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus in a coffin, casket, or other container for the purpose of interment or cremation, or cause the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus, to be interred or cremated together unless specific, written authorization to do so has been signed by a person charged with the duties of interment<<+, as set forth in (b) below, for each decedent+>>, or by a court of competent jurisdiction.

(b)-(d) (No change.)

<<NJ ADC 13:36-8.12 >>

<<+13:36-8.12 Public accommodations+>>

<<+All funeral establishments shall be considered places of public accommodation and shall be subject to public accommodation laws including the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.+>>

<<NJ ADC 13:36-8.13 >>

<<+13:36-8.13 Referral fees+>>

<<+(a) It shall be occupational 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 relationship for the delivery of occupational services.+>>

<<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. 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. This list shall contain at least the following information:

1. The name, address, and telephone number of the <<-funeral provider's place of business->> <<+registered mortuary and the name of the manager or of the licensee in charge+>>;

2.-4. (No change.)

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

33 N.J.R. 2597(a)

END OF DOCUMENT


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