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Home » US Law » 2022 Rhode Island General Laws » Title 5 - Businesses and Professions » Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments

Section 5-33.2-1. – Definitions.

§ 5-33.2-1. Definitions. As used in this chapter: (1) “Board” means the state board of funeral directors/embalmers. (2) “Cremation” means a two-part (2) procedure where a dead human body or body parts are reduced by direct flames to residue that includes bone fragments and the pulverization of the bone fragments to a coarse powdery consistency. […]

Section 5-33.2-10. – Issuance of licenses — Expiration and renewal of licenses.

§ 5-33.2-10. Issuance of licenses — Expiration and renewal of licenses. All licenses issued under the provisions of this chapter shall expire on the thirty-first day of December each year, unless previously suspended or revoked. The division shall keep a register in which is entered the names of all persons to whom licenses are issued […]

Section 5-33.2-11. – Display of licenses — Assignment of licenses prohibited.

§ 5-33.2-11. Display of licenses — Assignment of licenses prohibited. Every license issued as a funeral director/embalmer shall specify the name of the person to whom it was issued, and shall be conspicuously displayed in his or her place of business or employment. Every license issued as a funeral establishment or branch office shall specify […]

Section 5-33.2-12. – Funeral establishment and branch offices licenses.

§ 5-33.2-12. Funeral establishment and branch offices licenses. (a) No person, association, partnership, corporation, limited-liability company, or otherwise, shall conduct, maintain, manage, or operate a funeral establishment or branch office unless a license for each funeral establishment and branch office has been issued by the department and is conspicuously displayed. In the case of funeral […]

Section 5-33.2-13. – Funeral establishment and branch officer — Crematories — Inspections — Denial of access.

§ 5-33.2-13. Funeral establishment and branch officer — Crematories — Inspections — Denial of access. (a) Any licensed funeral director/embalmer employed, authorized, and empowered by the division of professional regulation may enter any funeral establishment, funeral-establishment branch office, or crematory licensed under the provisions of this chapter, during the hours the funeral establishment, funeral-establishment branch […]

Section 5-33.2-13.1. – Crematories — License and inspection.

§ 5-33.2-13.1. Crematories — License and inspection. No crematory owned or operated by or located on property licensed as a funeral establishment or at another location or by a cemetery shall conduct cremations without first having applied for and obtained a license from the department. Applications for the crematory license shall be made on forms […]

Section 5-33.2-13.2. – Cremation of human remains.

§ 5-33.2-13.2. Cremation of human remains. (a)(1) Cremation shall not take place until the necessary permits and consents are issued pursuant to § 23-3-18. (2) A crematory shall not take custody of unidentified human remains. (3) Human remains designated for cremation shall be cremated without unreasonable delay. (4) When the crematory is unable to cremate […]

Section 5-33.2-14. – Payments for securing business prohibited.

§ 5-33.2-14. Payments for securing business prohibited. Every funeral establishment, funeral director/embalmer, or his, her, or its agent or representatives, who pays, or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business, and every person who accepts any sum of money or other valuable […]

Section 5-33.2-15. – Annual renewal of licenses.

§ 5-33.2-15. Annual renewal of licenses. All licenses issued under the provisions of this chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal fee for the renewal of a funeral director/embalmer’s license, and additional fees for each funeral-establishment branch office license and for the crematory license. These […]

Section 5-33.2-16. – Funeral director/embalmer — Internship.

§ 5-33.2-16. Funeral director/embalmer — Internship. (a) Nothing in this chapter shall be construed as prohibiting any person from serving as a funeral director/embalmer intern. Before an internship begins, the person desiring to become an intern shall register with the division on any forms that it prescribes. No person under the age of eighteen (18) […]

Section 5-33.2-17. – Revocation or suspension of license.

§ 5-33.2-17. Revocation or suspension of license. (a) The division has the power to refuse to issue or may revoke or suspend any license issued by it under this chapter, after written notification and a hearing before the board for gross incompetency, for unprofessional conduct, which is defined to include: (1) Conviction of a felony; […]

Section 5-33.2-18. – Summons of witnesses.

§ 5-33.2-18. Summons of witnesses. The division has power by its administrator to summon any person to appear as a witness and testify at any hearing of the division under the provisions of this chapter and to examine and to administer oaths to those witnesses. History of Section.P.L. 1995, ch. 255, § 2.

Section 5-33.2-19. – Appeals.

§ 5-33.2-19. Appeals. Any person aggrieved by any decision or ruling of the division may appeal that decision to the administrator of the division or his or her designee. A further appeal may then be made to the appropriate board of examiners. Any person aggrieved by any decision or ruling of that board may appeal […]

Section 5-33.2-20. – Restricted receipts accounts for fees.

§ 5-33.2-20. Restricted receipts accounts for fees. All the proceeds of any fees collected pursuant to the provisions of this chapter, shall be placed in a restricted receipts accounts, which is used for the general purposes of the division of professional regulation with the department of health. History of Section.P.L. 1995, ch, 255, § 2.

Section 5-33.2-21. – Penalty for violations.

§ 5-33.2-21. Penalty for violations. Any person, partnership, corporation, limited-liability company, association, or his or her or its agents or representatives violating any of the provisions of this chapter, or of any rules or regulation of the division, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not exceeding six […]

Section 5-33.2-22. – Complaints of violations.

§ 5-33.2-22. Complaints of violations. (a) Complaints for violation of the provisions of this chapter or of any lawful rules or regulation made under this chapter by the division may be made by the administrator of the division or by any person authorized by the administrator, who shall be exempt from giving surety for costs […]

Section 5-33.2-23. – Severability.

§ 5-33.2-23. Severability. If any provision of this chapter or of any rule or regulation made under this chapter, or the application of this chapter to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other […]

Section 5-33.2-24. – Proper authority for funeral arrangements and disposition of human remains.

§ 5-33.2-24. Proper authority for funeral arrangements and disposition of human remains. Every licensed funeral director/embalmer, licensed funeral establishment, licensed crematory, and cemetery shall comply with the following rules with respect to proper authority for funeral arrangements and disposition of human remains: (1) If a licensed funeral establishment is a party to a funeral service […]

Section 5-33.2-25. – Mandatory continuing education training.

§ 5-33.2-25. Mandatory continuing education training. Every funeral director/embalmer shall be required to participate in a total of five (5) hours annually of continuing education training of which one hour is mandated by annual OSHA training; provided, however, those funeral directors or embalmers who are sixty-five (65) years of age or older and have forty […]