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003.22.1-6. Funeral Establishments

AR ADC 003.22.1-6Arkansas Administrative CodeEffective: December 12, 2021

West's Arkansas Administrative Code
Title 003. Department of Commerce
Division 22. Insurance Department
Rule 1. State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services--Rule Pertaining to Embalmers, Funeral Directors, Funeral Establishments, Crematories, Crematory Retort Operators, and Transport Services
Effective: December 12, 2021
Ark. Admin. Code 003.22.1-6
Formerly cited as AR ADC 043.00.1-IV
003.22.1-6. Funeral Establishments
Currentness
A. Four types of funeral establishment licenses shall be issued by the Board. These establishment licenses are:
1. Funeral Establishment Type A-Full-Service Funeral Firm.
(a) 2. Funeral Establishment Type B-Mortuary Service Firm
(b) 3. Funeral Establishment Type C-Crematory Authority
(c) 4. Funeral Establishment Type D-Transport Service Firm
B. All establishment renewals are due and payable on or before December 31st.
B. [FN1] Funeral Establishment Type A- Full-Service Funeral Firm
1. Applicants seeking Type A licensure must meet the following minimum requirements:
a. The application shall be completed on forms provided by the Board and accompanied by the required fees. Applications are available on the Board's website, or they can be obtained by contacting the Board's office;
b. The application must be received by Board staff at least twenty (20) business days before the Board's next regularly scheduled meeting;
c. The manager and owner of the establishment shall appear at the Board meeting for discussion of the license application;
d. The application must be accompanied by proof of a minimum of one million dollars ($1,000,000) of general liability insurance coverage;
e. The application must be accompanied by a copy of the certificate of liability insurance;
f. The application must be accompanied by the Embalmer/Mortuary Service Acceptance Form;
g. The application must be accompanied by the Manager Acceptance Form; and
h. The establishment shall be inspected by a representative of the Board prior to initial licensure.
2. The Board shall grant or deny each application for a funeral establishment license Type A under the provisions of this section, after the application is reviewed at the meeting in which the application was presented.
3. Each establishment Type A shall have at least one (1) full-time licensed funeral director, who has been licensed for at least five (5) years. The establishment shall employ licensed staff so that services are competently provided to the public. No licensed funeral director shall serve as the manager of more than one (1) funeral establishment. However, it is permissible for a manager to serve as manager of two locations of the same establishment, as long as the secondary location is a branch location of the establishment which employs the manager. The manager shall reside within fifty (50) miles of each location.
4. The name of the manager, embalmer, and/or mortuary service, primary crematory authority used, and owner of each funeral establishment shall be reported annually on forms provided by the Board.
5. If the funeral director serving as the manager of a funeral establishment shall cease serving as manager, or leave the employment of the establishment for any reason, the establishment shall notify the Board, on forms provided by the Board, of the management change within three (3) business days, and of his or her successor within fifteen (15) business days.
6. The manager of the funeral establishment Type A shall be responsible for compliance with the following requirements:
a. All price lists, statements of funeral goods and services, and any documents or publications including advertising, shall be consistent with the name of each funeral establishment location on file with the Board.
b. Type A establishments shall maintain and make available for inspection, true and accurate copies of the price lists for a minimum of one (1) calendar year after the date of distribution to customers, as required by the Federal Trade Commission (“FTC”).
c. Every licensed funeral director shall give the consumer a copy of the General Price List as required by the FTC and pursuant to 16 C.F.R. § 453.2, prior to discussing any funeral arrangements.
d. Every licensed funeral director responsible for providing funeral services or arranging for the delivery of any funeral merchandise, shall give or cause to be given to the person(s) making such arrangements, a written, itemized and signed statement of charges for the funeral merchandise and funeral services selected.
e. At the time of need, a written, itemized and signed statement of charges shall be completed and given to the person(s) making the at-need arrangements. The statement of charges shall be completed prior to the rendering of the funeral services, or the providing of merchandise. At a minimum, the statement shall contain the following:
(1) The name, signature, and license number of the funeral director responsible for making the arrangements, or providing the funeral merchandise;
(2) The name and address of the licensed establishment in charge of providing the merchandise or funeral services;
(3) The name, address, signature, and relationship to the deceased, of the person making the at-need arrangements (the relationship should be described as kinship or otherwise);
(4) The date of the signatures;
(5) The name of the deceased;
(6) The date of death;
(7) The price of the service(s) selected and the price of any supplemental items;
(8) The price of the merchandise selected, including a detailed description of the casket and outer burial container, if so selected;
(9) The amount and description of all cash advance items; and
(10) The method of payment.
7. The Type A establishment shall be operated by a sole owner, a partnership, a limited liability partnership, a limited partnership, a limited liability company, a subsidiary of a corporation, or by a corporation chartered in the State of Arkansas.
8. Each Type A establishment which contains a preparation room shall meet the following minimum requirements;
a. All embalming performed therein must be performed by or under the direct personal supervision of a licensed embalmer.
b. Construction. The room must be constructed with such materials and finished in such a way that the room and the contents thereof may be cleaned and disinfected. The room must be of sufficient size and dimension to accommodate an embalming table. The door to the room must contain a functional lock, to prevent unauthorized entrance to the room. The room must also contain a sanitary floor, walls, and ceiling, and adequate sanitary drainage and disposal facilities, including hot and cold running water. The room must also comply with the sanitary standards and disposal requirements as prescribed by the Arkansas Department of Health and OSHA to prevent the spread of contagious, infectious or communicable diseases. The room shall also include an instrument table, cabinetry, and shelves, as necessary. Only equipment used in the preparation of dead human bodies, shall be stored in the preparation room.
c. Universal Precautions. In handling and preparing dead human bodies for final disposition, any person who comes in direct contact with an unembalmed dead human body or who enters a room where dead human bodies are embalmed, shall use universal precautions and otherwise exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body. All persons present in the preparation and embalming room while a body is being prepared for final disposition must be attired in accordance with all applicable state and federal regulations regarding the control of infectious disease and workplace health and safety.
d. Ventilation. The preparation room shall be separately heated and cooled from the rest of the establishment. The preparation room must be properly ventilated with a ventilation system that provides for an adequate intake of fresh air. The preparation room shall also provide an exhaust system with all fumes exiting to the outside atmosphere. This ventilation system must provide adequate air exchanges per hour to maintain adequate formaldehyde levels in accordance with the OSHA Formaldehyde Standard found at 29 C.F.R. § 1910.1048. The construction must be such that odors from the preparation room cannot enter the rest of the establishment.
e. Preparation procedures; access to the preparation room. The preparation of a dead human body for final disposition shall be performed in privacy. No person shall be permitted to be present in the preparation room while a dead human body is being embalmed, washed, or otherwise prepared for final disposition, except:
(1) Licensed embalmers;
(2) Registered embalmer apprentices or students;
(3) Public officials or their representatives in the discharge of their official duties;
(4) Licensed medical personnel; and
(5) Employees of the funeral establishment, whether licensed or not.
9. Type A establishments may work with family and friends of the deceased to allow for their participation in washing and dressing of the body in a private location. It is permissible to allow the family into the preparation room for this limited purpose.
10. Refrigeration or embalming required. A dead human body must be refrigerated, or packed in dry ice, or it must be embalmed by a licensed embalmer or registered embalmer apprentice or a practicum or clinical student, in the following circumstances:
a. If the body will be transported by public transportation, provided the carrier allows the body to be packed in dry ice;
b. If final disposition will not occur within twenty-four (24) to forty-eight (48) hours after death or release of the body by a competent authority with jurisdiction over the body, or the body will be lawfully stored for final disposition in the future;
c. If the body will be publicly viewed;
d. If ordered by the director of health for the control of infectious disease and the protection of public health; and
e. If a body will be released to a medical institution for lawful dissection and experimentation, then it must be packed in dry ice if it is not possible to embalm the body.
11. Equipment. The preparation room shall contain sufficient supplies and equipment for normal operation. Nothing in this subsection shall require embalming chemicals to be stored in the preparation room. No excess equipment shall be stored in the preparation room. The only items and equipment allowed to be maintained in the preparation room are the items and equipment necessary for preparing dead human bodies. There shall be storage shelves or cabinetry for all supplies, instruments, and equipment.
12. Visibility. All outside openings of the preparation room shall be covered such that the coverings prohibit viewing the interior of the room from the outside.
13. First call log. Each location of a funeral establishment Type A shall maintain a log book on the premises. The log book must be available at all times for inspection by the Board. The log book shall list the name of each deceased person received at the location, including the following:
a. Date and time the remains were received;
b. Any personal property that accompanied the remains;
c. The name and signature of the person making the removal;
d. The name and signature of the licensed embalmer who performed the embalming. Any registered apprentice embalmer should also sign in cases where the apprentice assisted; and
e. The name and signature of the agent or employee of the receiving Type A establishment.
14. Identification. Each location of a funeral establishment Type A shall properly attach to the body of the deceased, an identification tag to each deceased received into the establishment. This identification tag must continuously remain on the decedent until the completion of final disposition. Each deceased must be identified by a family member either by viewing or by submission of a photograph of the deceased.
15. Embalmer's case report. Each funeral establishment Type A that conducts embalming shall maintain an embalmer's case report for each case embalmed in the establishment. The case report shall be signed by the licensed embalmer and registered apprentice embalmer if such apprentice assisted. The case report shall be maintained on file for each case and it shall become a part of the death record.
16. Training. All personnel of a funeral establishment Type A, who come in contact with a dead human body, including making removals, transporting, cremating, embalming, and any other preparation of the body, must comply with all required Arkansas Department of Health and OSHA training, requirements, and standards.
17. Each funeral establishment Type A must have at least three (3) adult size caskets, or nine (9) quarter cuts, or twelve (12) 1/8 cuts, or a combination of both, and the caskets and/or cuts may be in conjunction with electronic and photo presentation. For purposes of this section, a casket selection room is not required to be a separate room for the sole purpose of displaying caskets. In addition to the three (3) adult size caskets, establishments may also have virtual display rooms, cut-outs, casket catalogs, and any other forms of various displays. A branch establishment, within forty (40) miles, without an area available for display, may use electronic display only.
18. When an establishment is sold or changes ownership, the establishment shall notify the Board in writing, at least thirty (30) days prior to the sale or change of ownership. In cases where the name of the establishment will not change, the license then in force and effect shall be honored for the new owner, until that license expires. If the new owner desires to change the name of the funeral establishment prior to the license expiration, then the owner shall apply for a license for the establishment to be issued in the new name.
19. When an establishment closes, the Board shall be immediately notified in writing. The license in force at the time of closure shall be returned to the Board office. within seven (7) days.
20. If an establishment license is revoked,that license must be returned to the Board office within seven (7) days of receipt of the Board's order revoking the license.
21. Renewal of all funeral establishment licenses Type A must be made on or before December 31st of each year, and must be accompanied by the annual renewal fee. Licenses not renewed by December 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. The Arkansas Department of Health will be notified to decline death certificates filed by an establishment whose license has expired.
22. Each funeral establishment using an embalmer who is not employed by the establishment must file with the Board, within thirty (30) days of the embalmer performing embalming at the establishment, a notarized statement signed by the embalmer stating that his or her services are available to the establishment at all times and within a reasonable time after death occurs, not to exceed six (6) hours. This statement shall be submitted on a form provided by the Board. The funeral establishment shall obtain express permission prior to embalming, and written permission before or after embalming.
23. Mobile homes, or mobile units, are prohibited for use as a funeral establishment firm or as a branch thereof. No mobile home or mobile unit shall be used in the performance of any function or service of a funeral establishment firm or branch thereof, except in the case of an emergency as prescribed by the Board. Mobile homes, modular units, manufactured homes, and similar mobile units, may be used on a temporary basis if approved by the Board, and the establishment may be granted a replacement license if the Board deems appropriate.
24. The licensed funeral director, who manages and supervises the funeral establishment, may hire such employees as may be needed to assist the funeral director in providing the services of the business of funeral directing. The manager is responsible for the supervision of all work performed by the establishment's agents and employees. Disciplinary action may be taken against a manager and funeral establishment because of the acts of the establishment's agents or employees which violate the laws or the Rules that govern the license.
25. Each funeral establishment Type A shall maintain current registration and the minimum insurance coverages on all its vehicles as required by the State of Arkansas.
26. Each funeral establishment Type A shall be required to carry a general business policy or a general business liability policy of no less than one million dollars ($1,000,000). A certificate of coverage shall be provided to the Board at initial licensure and upon each renewal of the insurance policy. When possible, the board should be listed as a certificate holder. The Board should be notified of each renewal and any cancellation for any reason.
27. A licensed funeral director or funeral establishment may employ or use the services of non- licensed persons to sell pre-need, pre-arranged or pre-financed funerals and/or funeral merchandise. A licensed funeral director or funeral establishment will be held accountable for the actions of all sales personnel. Such personnel are specifically prohibited from engaging in the following actions:
a. Making misrepresentations to potential purchasers of funeral service merchandise;
b. Placing or causing to be placed, false or misleading advertising; and
c. Making false statements about funeral establishments, funeral directors, or embalmers not associated with the establishment.
C. Funeral Establishments Type B- Mortuary Service Firms
1. A mortuary service firm is an agent of a Type A establishment and as such does not make arrangements with the public. Applicants seeking Type B licensure must meet the following minimum requirements:
a. The application shall be completed on forms provided by the Board and be accompanied by the required fees. Applications are available on the Board's website, or they can be obtained by contacting the Board's office.
b. The application must be received by the Board at least twenty (20) business days before the Board's next regularly scheduled meeting.
c. The manager and owner of the establishment shall appear at the Board meeting for discussion of the license application.
d. The application must be accompanied by proof of a minimum of one million dollars ($1,000,000) of general liability insurance coverage;
e. The application must state that the mortuary service firm is under the management and supervision of a dually licensed funeral director and embalmer who has been licensed as such for at least five (5) years.
2. The name of the manager of the mortuary service firm shall be reported annually on forms provided by the Board.
3. If the funeral director and embalmer serving as the manager of the mortuary service firm shall no longer serve as manager or leave the employment of the firm for any reason, the mortuary service firm shall notify the Board of the management change within three (3) business days, and of his or her successor within fifteen (15) business days. The notification shall be made on forms provided by the Board.
4. All embalming performed in the mortuary service firm's establishment must be performed by or under the direct personal supervision of an Arkansas licensed embalmer.
5. Each funeral establishment Type B shall be operated by a sole owner, a partnership, a limited liability partnership, a limited partnership, a limited liability company, a subsidiary of a corporation, or by a corporation chartered in the State of Arkansas.
6. The funeral establishment Type B shall be inspected by a representative of the Board, prior to initial licensure.
7. Preparation Room
a. Construction. The room must be constructed with such materials and finished in such a way that the room and the contents thereof may be cleaned and disinfected. The room must be of sufficient size and dimension to accommodate an embalming table. The door to the room must contain a functional lock, prevent unauthorized entrance to the room. The room must also contain a sanitary floor, walls, and ceiling, and adequate sanitary drainage and disposal facilities, including hot and cold running water. The room must also comply with the sanitary standards and disposal requirements as prescribed by the Arkansas Department of Health and OSHA to prevent the spread of contagious, infectious or communicable diseases. The room shall also include an instrument table, cabinetry, and shelves, as necessary. The room shall not have a passageway available for public use. Only equipment used in the preparation of dead human bodies, shall be stored in the preparation room.
b. Universal Precautions. In handling and preparing dead human bodies for final disposition, any person who comes in direct contact with an unembalmed dead human body or who enters a room where dead human bodies are embalmed, shall use universal precautions and otherwise exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body. All persons present in the preparation and embalming room while a body is being prepared for final disposition must be attired in accordance with all applicable state and federal regulations regarding the control of infectious disease and workplace health and safety.
c. Ventilation. The preparation room shall be heated and cooled separately from the rest of the establishment. The preparation room must be properly ventilated with a ventilation system that provides for an adequate intake of fresh air. The preparation room shall also provide an exhaust system with all fumes exiting to the outside atmosphere. This ventilation system must provide adequate air exchanges per hour to maintain adequate formaldehyde levels in accordance with the OSHA Formaldehyde Standard found at 29 C.F.R. § 1910.1048. The construction must be such that odors from the preparation room cannot enter the rest of the establishment.
d. Preparation Procedures, Access to Preparation Room. The preparation of a dead human body for final disposition shall be performed in privacy. No person shall be permitted to be present in the preparation room while a dead human body is being embalmed, washed, or otherwise prepared for final disposition, except:
(1) Licensed embalmers;
(2) Registered apprentices or students;
(3) Public officials or their representatives, in the discharge of their official duties;
(4) Licensed medical personnel; and
(5) Employees of the establishment, whether licensed or not.
a. [FN1] Equipment. The preparation room shall contain sufficient supplies and equipment for normal operation. Nothing in this subsection shall require embalming chemicals to be stored in the preparation room. No excess equipment shall be stored in the preparation room. The only items and equipment allowed to be maintained in the preparation room are those items and equipment necessary for preparing dead human bodies. There shall be storage shelves or cabinetry for all supplies, instruments, and equipment.
b. [FN1] Visibility. All outside openings of the preparation room shall be covered such that the coverings prohibit viewing the interior of the room from the outside.
8. First Call Log. Each location of a funeral establishment Type B shall maintain a log book on the premises. The book must be available at all times for inspection by the Board. The log book shall list the name of each deceased person received at the location, including the following:
(a) The date and time the remains were received;
(b) Any personal property that accompanied the remains;
(c) The name and signature of the person delivering the remains and the establishment or entity they represent;
(d) The name and signature of the agent or employee of the receiving establishment, and the name of the establishment the remains are being released to; and
(e) The name and signature of the licensed embalmer who performed the embalming. The registered apprentice embalmer should also sign in cases where an apprentice assisted.
9. Embalmer's Case Report. Each funeral establishment Type B shall maintain an embalmer's case report for each case embalmed in the firm. The case report shall be signed by the licensed embalmer and the registered embalmer apprentice if one assisted. The case report shall be maintained on file for each case and shall become part of the death record.
10. Training. All mortuary service personnel who come in direct contact with a dead human body, including making removals, transporting, embalming, and any other preparation of the body, must comply with all required Arkansas Department of Health and OSHA training, requirements, and standards.
11. When a mortuary service firm is sold or changes ownership, the firm shall notify the Board in writing, at least thirty (30) days prior to the sale or change of ownership. In cases where the name of the firm will not change, the license then in force and effect shall be honored, for the new owner, until that license expires. If the new owner desires to change the name of the firm prior to the license expiration, then the owner shall apply for a license for the firm to be issued in the new name.
12. When a mortuary service firm closes, the Board shall be notified, in writing, within seven (7) days of the date of closure. The license in force at the time of closure shall be returned to the Board office.
13. If the mortuary service firm's license is revoked, that license must be returned to the Board office within seven (7) days of receipt of the Board's order revoking the license.
14. Each funeral establishment Type B shall maintain the current registration and minimum insurance coverages on all of its vehicles, as required by the State of Arkansas.
15. Each funeral establishment Type B is required to maintain a general business policy or a general liability policy of no less than one million dollars ($1,000,000).
16. A certificate of liability insurance shall be provided to the Board at the time of initial licensure and upon each renewal of the insurance policy. When possible, the Board should be listed as a certificate holder. The Board should also be notified of each renewal and any cancellation for any reason.
17. The Board shall grant or deny each application for a mortuary service firm under the provisions of this section after the application is reviewed at the meeting in which it was presented. No applicant may operate a mortuary service firm until a license has been issued by the Board.
18. A mortuary service firm license shall be issued under this section upon application and after inspection of the firm. The applicant must have successfully passed inspection prior to the application being discussed at the Board's next regularly scheduled meeting.
19. Renewal of all mortuary service firm licenses Type B must be made on or before December 31st of each year and must be accompanied by the annual renewal fee.
20. Licenses not renewed by December 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board.
21. Each mortuary service firm using an embalmer who is not employed by the mortuary service firm, must file with the Board a notarized statement signed by the embalmer, stating that his or her services are available to the firm at all times within a reasonable time after death occurs, and not to exceed six (6) hours. Embalmers shall obtain express permission prior to embalming, and written permission before or after embalming.
22. Mobile homes or mobile units are prohibited for use as a mortuary service firm or branch thereof. No mobile home or mobile unit shall be used in the performance of any function or service of a mortuary service firm or branch thereof, except in the case of an emergency as prescribed by the Board. Mobile homes, modular units, manufactured homes and similar mobile units may be used on a temporary basis if approved by the Board, and the establishment may be granted a replacement license if the Board deems appropriate.
23. The licensed funeral director and embalmer who manages and supervises the mortuary service firm, may hire such employees as may be needed to assist the manager in competently providing services. Disciplinary action may be taken against a manager or a mortuary service firm because of the acts of their agents or employees which violate the laws and Rules governing the licenses.
24. Except at the request of, and as the agent of a licensed funeral establishment or its representative, a mortuary service firm is prohibited from providing funeral services and funeral merchandise, other than providing shelter, care, custody and preparation of the human dead, or any type of services including direct disposition or the practice for preparing of the human dead by embalming or other methods.
25. A funeral establishment TypeB mortuary service firm shall not be required to have a selection room or display any caskets.
D. Funeral Establishment Type C- Crematory
1. A crematory is an agent of a Type A establishment and as such does not make arrangements with the public.
2. Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity may erect, maintain and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with the provisions of this Rule.
3. No person shall construct a new crematory or modify an existing structure into a crematory, unless the person has obtained a crematory construction permit.
4. The requirements for obtaining a crematory construction permit are as follows:
a. Notice shall be published in a newspaper of general circulation in the county where the crematorium is proposed to be constructed. The notice must include language that states that the applicant intends to construct a crematorium at a designated location. This notice may be submitted to Board staff prior to publishing;
b. The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting the application to the Board; and
c. The person must invite members of the public to submit written protest to the Board of the construction of the proposed crematorium.
5. The application for the crematory construction permit:
a. Shall be made in writing on forms provided by the Board;
b. Be accompanied by the required crematory construction permit application fee;
c. Be accompanied by proof of publication of notice; and
d. Be accompanied by a copy of the permit issued by the Arkansas Department of Environmental Quality.
6. In the event the Board receives written protest to the application for construction of a crematorium, the Board shall:
a. Schedule a public hearing on the application;
b. Direct the applicant to publish notice of the hearing in a newspaper having general circulation within the county where the crematorium is proposed to be constructed;
c. Direct the applicant to publish the notice on the Sunday and the Wednesday no more than fifteen (15) days nor less than seven (7) days before the hearing; and
d. Ensure the public hearing is held in the city or county in which the proposed crematorium is to be located.
7. The Board may:
a. Require members of the public, prior to the hearing, to notify the Board of their intent to comment publicly at the hearing;
b. Require members of the public who comment publicly at the hearing to sign in prior to the commencement of the hearing;
c. Call upon public commenters in the order in which they have signed in; and
d. Give each public commenter a finite number of minutes in which to speak.
8. The board will review the public comments given at the hearing at its next regularly scheduled meeting. The Board will then make a determination as to whether to grant or deny the crematory construction permit.
9. A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or on any other location consistent with local zoning regulations.
10. The Board may issue a temporary certificate of authorization to operate a crematory to any applicant whose application for a permit to construct a crematorium has been approved and whose crematory has completed construction. Before the temporary certificate will be issued, the following criteria shall be met:
a. The installed crematory has passed inspection by a representative of the Board;
b. The first operation of the crematory was successful; and
c. The first operation of the crematory was witnessed by a representative of the Board.
11. The temporary certificate of authorization shall be valid for a period of up to ninety (90) days or until the Board approves the Application for Crematory license (Type C) at the first regularly scheduled Board meeting after the Board representative's confirmation of successful installation and operation.
12. Application for licensure as a crematory authority shall be on forms provided by the Board. Applications are available from the Board's website, or they can be obtained by contacting the Board's office. At a minimum, the requirements for application are as follows:
a. The application shall be in writing and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory, proof of liability insurance in the amount of one million dollars ($1,000,000), and any further information as the Board may reasonably require;
b. The application shall be submitted to the Board at least twenty (20) business days before the next regularly scheduled Board meeting;
c. The owner of the establishment is required to appear at the meeting for the discussion of the license application;
d. After the temporary certificate of authorization has been issued, initial operation of the crematory shall not occur until the Board: has received the application for licensure at least twenty (20) business days before the initial operation, has examined the premises and structure, and has noted the retort to function properly;
e. A license shall be issued to the crematory authority if the Board determines that the applicant meets all requirements of this Rule, that the retort operator has been trained by the manufacturer, and after the Board's examination of the application and inspection report;
f. All advertisements shall be consistent with the name of each crematory location on file with the Board; and
g. The air quality control certificate shall be submitted with the application for licensure, and upon renewal each year.
13. Each funeral establishment Type C shall have a full time licensed funeral director to serve as manager.
14. When a crematory authority is sold or changes ownership, the crematory authority shall notify the Board in writing, at least thirty (30) days prior to the sale or change of ownership. In cases where the name of the crematory authority will not change, the license then in force and effect shall be honored, for the new owner, until that license expires. If the new owner decides to change the name of the crematory authority prior to the license expiration, then the owner shall apply for a license for the crematory authority to be issued in the new name.
15. When a crematory authority closes, the Board shall be notified, in writing, within seven (7) days of the date of closure. The license in force at the time of closure shall be returned to the Board office.
16. If a crematory authority license is revoked, the license must be returned to the Board office within seven (7) days of receipt of the Board's order revoking the license.
17. No person, cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity shall cremate any human remains except in a crematory licensed for this express purpose and under the limitations provided in this Rule.
18. No cremations of the bodies of deceased persons shall be performed except by a crematory authority holding a valid license issued by the Board.
19. Renewal of all funeral establishments Type C must be made on or before December 31st of each year, and the renewal form must be accompanied by the annual renewal fee. Licenses not renewed by December 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. A certificate of coverage shall be provided to the Board upon renewal of the license and upon each renewal of the insurance policy. When possible, the Board should be listed as a certificate holder. The Board should be notified of each renewal and cancellation for any reason.
20. Hospitals licensed by the Arkansas Department of Health may operate a facility that incinerates surgical waste, human body parts that have been surgically removed, or fetal remains with the permission of the next of kin, without an additional license issued by the Board and without the assistance of a licensed funeral establishment unless:
a. They are holding themselves out to the public to be a licensed crematory authority;
b. They offer cremation services to the public for the bodies of deceased persons except for the instance listed in this subsection.
E. Crematory Authority- Cremation Authorization and Record Keeping
1. Except as otherwise provided in this section, a crematory authority shall not cremate human remains until it has received:
a. A cremation authorization form signed by an authorizing agent and which identifies the funeral director arranging the cremation. The cremation authorization form shall be provided by the crematory authority and shall contain the following information:
(1) The identity of the human remains. Permissible methods of identifying the remains include: verifying the name on the hospital bracelet or anklet with the fact sheet, verifying the name on the funeral home bracelet, a photo of the deceased, confirmation of the deceased's identity by the authorizing agent, proof of identity as submitted to the crematory authority directly by law enforcement or by any other appropriate legal or governmental authority;
(2) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;
(3) Authorization for the crematory authority to cremate the human remains;
(4) Cremation Final Disposition Rights Form, or a representation that the authorizing agent is unaware of any objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; and
(5) The name of the person authorized to claim the remains from the crematory authority.
b. A completed and executed burial transit permit or other disposition authorization signed by the authority having jurisdiction to authorize final disposition of a dead human body, as provided in the laws of the state or territory where death occurred, indicating that the human remains are to be cremated;
c. A death certificate, fetal death certificate, or other disposition authorization signed by the authority having jurisdiction to authorize final disposition of a dead human body in the state, territory, or country where death occurred; and
d. Any other documentation required by any county or municipality.
2. If an authorizing agent is not available to execute the cremation authorization form, that person may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a written communication that contains the name, address, and relationship of the sender to the deceased, and the name and address of the individual to whom authority is delegated, indemnifying the delegated individual and the crematory authority from all liability concerning the cremation. Upon receipt of the written communication, the crematory authority shall allow this individual to serve as the authorizing agent and execute the cremation authorization form, and the crematory authority shall be entitled to rely upon the cremation authorization form.
3. A crematory authority may accept an electronic copy of the cremation authorization form, including the electronic signature of the authorizing agent.
4. A crematory authority shall maintain the necessary records as set out in this Rule.
5. Upon receipt of the human remains, the crematory authority shall furnish to the person who delivers such human remains, a receipt signed by both the crematory authority and the person who delivers the human remains showing:
a. The date of delivery;
b. The name of the person from whom the human remains were received and that person's employer;
c. The name of the person who received the human remains on behalf of the crematory authority;
d. The name and license number of the crematory authority; and
e. The name of the deceased.
6. The crematory authority shall retain a copy of this receipt.
7. A crematory authority shall retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in Subsection E, herein. The record of cremation shall also include the date that the cremation and distribution or disposition by the crematory authority of the cremated remains, occurred.
8. A crematory authority shall not accept unidentified human remains. If the crematory authority takes custody subsequent to the human remains being placed within a cremation container, the crematory authority shall place appropriate identification upon the exterior of the cremation container.
9. A crematory authority shall accept human remains from the establishment that is responsible for making arrangements with the next of kin or other authorized agent.
10. If the crematory authority accepts non-human remains for cremation, those non-human remains shall be cremated only in a cremation chamber or retort designed and manufactured for the cremation of non-human remains. Human remains shall be cremated only in a cremation chamber or retort designed and manufactured for the cremation of human remains. The cremation chamber or retort for human remains should be clearly marked as such. Likewise, the cremation chamber or retort for non-human remains should be clearly marked as such. The Board has no regulatory authority over the cremation of non-human remains except as otherwise provided in this paragraph.
F. Cremation Containers
1. The cremation authority shall require that human remains be placed in a cremation container prior to cremation unless the remains are already in a casket.
2. Except as provided in subsections 1 and 3, no crematory authority shall make or enforce any rules requiring that human remains be placed a casket before cremation, or that human remains be cremated in a casket, nor shall the crematory refuse to accept human remains for cremation for the reason that they are not in a casket.
3. Human remains delivered to a crematory shall not be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the crematory authority has been provided with written instructions to the contrary by the authorizing agent.
4. Authorized crematory authority personnel may open the cremation container for inspection of the body.
G. Crematory Retort Operator
1. Any person desiring to become licensed as a crematory retort operator in this state shall be at least eighteen (18) years of age and have received a high school diploma or a Certificate of General Educational Development.
2. The applicant shall make written application to the Board on forms provided by the Board. The application shall be accompanied by the required fee.
3. The applicant shall also take and pass the appropriate examinations as determined by the Board, and provide any additional information required by the Board.
4. The license shall be granted to the applicant if he or she possesses a knowledge of the operation of a crematory retort and meets the qualifications for the licensing thereof.
5. At least thirty (30) days prior to the operation of a crematory, any person intending to own or operate a crematory shall apply for a crematory retort operator license by submitting an application accompanied by the required fee.
6. All persons who operate the retort in a crematory shall have received certification by one of the following:
a. Cremation Association of North America (CANA);
b. The International Cemetery, Cremation, and Funeral Association (ICCFA);
c. National Funeral Directors Association (NFDA); or
d. Any other certification approved by the Board.
7. Prior to operating a retort, the operator shall become licensed. Every crematory retort operator shall obtain training and a certificate of training by the retort manufacturer. A copy of the certificate of training shall be submitted to the Board upon completion of the training. A copy of the certificate shall also be maintained on site at the crematory, and it shall be subject to inspection by the Board.
8. The certification for a retort operator must be completed on site by the manufacturer or another licensed retort operator.
9. On or before December 31st of the fifth (5th) year following the most recent training, the retort operator shall obtain new training and obtain a certificate stating completion as such. The new certificate of training shall be submitted to the Board upon completion of the training. A copy of the new certificate shall be maintained on site at the crematory, and it shall be subject to inspection by the board.
10. Persons receiving training toward certification to operate a retort shall be allowed to work under the supervision of an operator who holds a certification and license. The length of time the person receiving training can work under the supervision of an operator shall not exceed six (6) months.
11. All persons applying for licensure must submit OSHA bloodborne pathogen training with their initial application.
12. Crematory operation certifications must be posted in the crematory and available for inspection at any time.
13. Any employees of a crematory required to be certified under this section and retained prior to the effective date of this Rule shall be certified within one year of such effective date.
H. Cremation Procedures
1. In the event a death comes under the authority of the coroner or medical examiner, the human remains shall not be received by the crematory authority until authorization to cremate has been received from the coroner of the county in which the death occurred or the medical examiner. In the event the crematory authority is also authorized to perform funerals as well as perform cremation, this restriction on the receipt of human remains shall not be applicable, but cremation may not take place until authorization by the coroner or medical examiner.
2. A crematory authority shall hold human remains, prior to their cremation, according to the following provisions of this subsection:
a. Whenever a crematory authority is unable to cremate the human remains immediately upon taking custody thereof, the crematory authority shall place the human remains in a holding facility.
b. A crematory authority shall not be required to accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein.
c. If human remains received by the crematory authority are not embalmed, they shall be held no longer than 24 hours unless within a refrigerated facility.
3. The unauthorized, simultaneous cremation of the human remains of more than one person within the same cremation chamber is forbidden, unless the crematory authority shall have received specific written authorization to do so from all authorizing agents for the human remains to be so cremated. Such written authorization shall include an indemnification to exempt the crematory authority from all liability for commingling of the product of the cremation process.
4. Immediately prior to being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete.
5. Upon completion of the cremation, and insofar as is possible; all of the recoverable residue of the cremation process shall be removed from the cremation chamber. Insofar as possible, all residue of the cremation process shall be separated from anything other than bone fragments and then be processed so as to reduce them to unidentifiable particles. Anything other than the particles shall be removed from the cremated residuals as far as possible, and shall be disposed of by the crematory authority.
6. Cremated remains shall be packed according to the following provisions of this subsection:
a. The cremated remains with proper identification, such as a disk tracking system, shall be placed in a temporary container or urn. The temporary container or urn contents shall not be contaminated with any other object, unless specific authorization has been received from the authorizing agent or as provided in subsection 6.b of this part.
b. The cremated remains with proper identification shall be placed within the temporary container or urn ordered by the authorizing agent.
c. If the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains shall be in a separate container.
d. When a temporary container(s) is used to return the cremated remains, that container(s) shall be placed in a suitable box and all box seams taped closed to increase the security and integrity of that container(s). The outside of the container(s) shall be clearly identified with the name of the deceased person whose cremated remains are contained therein and the name of the cremation authority.
e. If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be packed securely in a suitable, sturdy container and sealed properly. Cremated remains shall be shipped only by a method which has an internal tracking system available and which provides a receipt signed by the person accepting delivery.
f. When an authorizing agent has indicated a preference for cremation as the form of final disposition, embalming or refrigeration shall not be required for a forty-eight (48) hour period after death, unless a health problem dictates otherwise.
I. Disposition of Cremated Remains
1. The authorizing agent shall be required to provide the person with whom cremation arrangements are made, a signed statement specifying the disposition of the cremated remains. A copy of this statement shall be retained by the crematory authority.
2. The authorizing agent is responsible for the disposition of the cremated remains. If, after a period of ninety (90) days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the disposition authority or the person in possession of the cremated remains may dispose of the cremated remains in any manner permitted by law. The authorizing agent shall be responsible for reimbursing the disposition authority for all reasonable expenses incurred in disposing of the cremated remains pursuant to this section. All records relating to such a disposition shall be maintained by the person making such disposition. Examples of records to be maintained include written documentation of the type of disposition and any invoices or receipts for goods and/or services that were necessary to carry out the disposition.
3. In addition to disposing of cremated remains in a crypt, niche, grave or scattering garden located in a dedicated cemetery, or by scattering over uninhabited public lands, the sea or other public waterways, cremated remains may be disposed of in any manner on the private property of a consenting owner, upon direction of the authorizing agent. If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the disposition authority with the written consent of the property owner. Prior to scattering cremated remains, the remains must be reduced to a particle size of one-eighth (1/8) inch or less. A person may use a boat or an airplane to perform the scattering, and cremated remains shall be removed from their closed container before they are scattered.
4. Except with the express written permission of the authorizing agent no person licensed by the Board shall:
a. Dispose of or scatter cremated remains in such a manner or in such a location that the cremated remains are commingled with those of another person. The provisions of this paragraph shall not apply to the scattering of cremated remains at sea or by air from individual closed containers or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for such purposes; or
b. Place cremated remains of more than one person in the same closed container. This paragraph shall not apply to placing the cremated remains of members of the same family in a common closed container designed for the cremated remains of more than one person.
5. Cremated remains shall be delivered by the crematory authority to the individual specified by the authorizing agent on the cremation authorization form. The representative of the crematory authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased, and the date, time and place of the receipt. The crematory authority shall retain a copy of this receipt. After this delivery, the cremated remains may be transported in any manner in this state, without permit, and disposed of in accordance with the provisions of Arkansas law and this Rule.
J. Crematory Authority- Limitation of Liability
1. Each cremation authorization form used by a crematory authority shall include language that: authorizes it to proceed with the cremation and disposition of the cremains; and indemnifications to exempt it from liability, when it has performed as directed and in accordance with all applicable laws and this Rule. Further, the following provisions apply:
a. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in the form, including the identity of the deceased whose remains are sought to be cremated and that person's authority to order such cremation. Any person signing a cremation authorization form shall be personally and individually liable for all damage occasioned thereby and resulting there from.
b. A crematory authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. There shall be no liability for a crematory authority, disposition authority, or other person or legal entity that cremates human remains pursuant to such authorization, or that releases or disposes of the cremated remains pursuant to such authorization.
c. A crematory authority shall not be responsible or liable for any valuables delivered to the crematory authority with human remains.
d. A crematory authority shall not be liable for refusing to accept a body or to perform a cremation in dispute until it receives a court order or other suitable confirmation that a dispute has been settled if:
(1) It is aware of any dispute concerning the cremation of human remains;
(2) It has a reasonable basis for questioning any of the representations made by the authorizing agent; or
(3) For any other lawful reason.
e. If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release or disposition of the cremated remains. A crematory authority shall not be liable for refusing to release or dispose of cremated remains in accordance with this subsection.
J. [FN1] Administration
1. A crematory authority may implement additional reasonable rules and regulations, consistent with applicable law and this Rule, for the management and operation of a crematory. Nothing in this provision shall prevent a crematory authority from implementing rules and regulations which are more stringent than the provisions contained in this Rule.
2. Violations of this rule shall be punishable in accordance with all applicable law and rules pertaining to crematory authorities. Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary or religious organization, or any other entity is prohibited from:
a. Maintenance or operation of a building or structure within this state as a crematory without a license or in violation of this rule of the Board or laws or rules of other applicable regulatory bodies;
b. Holding oneself out to the public as a crematory authority without being licensed under this rule, or performing a cremation without a cremation authorization form signed by the authorizing agent;
c. Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information;
d. Performing a cremation in other than a licensed crematory authority; and
e. Violation of any other provision of this rule.
3. Applicable penalties may be imposed by the Board whether or not the violator holds a valid license issued to an individual, funeral establishment, crematory authority, transport service, or other entity.
L. [FN1] Pre-Need Cremation Arrangements
1. Cremation arrangements that are made on a pre-need basis, between a consumer and a funeral establishment, may specify the ultimate disposition of the cremated remains, and that portion of the agreement shall be initialed by the individual making the arrangements. If there are no additional or different instructions provided to the crematory authority by the authorizing agent at the time of death, then the crematory authority shall be authorized to release or dispose of the cremated remains as stated in the pre-need agreement.
2. The contract or other written document that memorializes the decedent's wishes with regard to final disposition, must be executed in accordance with the provisions of the Arkansas Final Disposition Rights Act, codified at Ark. Code Ann. § 20-17-102. Those provisions require the signature of the person/declarant, and must be witnessed by two (2) individuals. The person shall have the option of designating the crematory authority. A copy of this form shall be retained by the person and a copy sent to the crematory authority, if so designated. Any person shall have the right to transfer or cancel this authorization at any time prior to his or her death by providing written notice to all parties.
3. At the time of such person's death, any person in possession of an executed pre-need cremation authorization form, and any person charged with making arrangements for the final disposition of the deceased, who has knowledge of the existence of an executed pre-need cremation authorization form, shall use his or her best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form.
4. The provision of this section shall only be applicable if the cremation authorization is executed in accordance with Ark. Code Ann. § 20-17-102. If not, then the authorized agent of the deceased shall have the right to choose another form of final disposition at the time of the person's death, unless such change is in conflict with Arkansas law.
M. Sanitation and Fire Safety
1. The crematory, cremation chamber, and all related buildings and equipment shall be maintained in a clean and sanitary manner. All equipment in and related to the crematory shall be maintained in good condition according to the directions given by the manufacturer of the equipment and the appropriate regulatory authorities.
2. Crematory authorities applying for licensure shall construct their crematories in such a manner as to meet the following minimum standards:
a. The floor of the crematory shall be of concrete and not covered with a flammable material;.
b. The walls and ceiling of the crematory shall be of fireproof and/or fire-retardant materials; and
c. The crematory shall have adequate ventilation and adequate entrances and exits for the protection of the public and authority personnel.
3. No flammable material shall be stored within five feet of the cremation chamber.
N. Miscellaneous Provisions Relating to Crematory Authorities
1. License holders agree that Board representatives have the right to inspect the crematory and the records of the crematory authority at any time.
2. License holders shall also agree to hold valid licenses issued by any other applicable regulatory agencies. Failure to hold such other licenses or permits, when they are necessary to be held, shall be considered a violation of this rule.
3. Personal items placed or caused to be placed in the cremation container with the body of the deceased shall not be removed by the crematory authority or its representatives. This provision does not apply if the items could cause harm to the crematory or to the crematory authority personnel during the cremation process.
4. Any items removed from the cremation container shall be returned to the authorizing agent.
5. All cremations of human remains in this state shall be arranged through the holder of a licensed funeral establishment
6. Records required by this rule of crematory authorities, disposition authorities, and other parties shall be maintained in accordance with Section 22 of this rule.
O. Funeral Establishment Type D- Transport Service Firm
1. A transport service firm is an agent of a Type A establishment, and as such, is prohibited from making arrangements with the public.
2. No transport service firm headquartered or having an office in the State of Arkansas shall operate in this state without a valid license issued by this Board.
3. Application for licensure as a transport service firm shall be made on forms provided by the Board.
4. A license for the operation of a transport service may be issued by the Board if the Board finds:
a. That the firm is owned, managed, and supervised by a person approved by the Board;
b. That the owner or manager of a transport service firm has provided the Board with three (3) letters of reference, one of which must be submitted by the manager of a funeral establishment licensed by the Board;
c. That the owner or manager of a transport service firm is at least twenty- one (21) years of age;
d. That the application was completed on forms provided by the Board and accompanied by the required fees;
e. That the application was received by the Board at least twenty (20) business days before the Board's next regularly scheduled meeting;
5. The name of the owner or manager of a transport service firm shall be reported annually to the Board.
6. Should the owner or manager of a transport service firm leave the employment of the firm for any reason, the transport service firm shall notify the Board of his or her leaving within ten (10) business days and the name of the new manager within thirty (30) business days. Any new manager shall meet all Board requirements for that position.
7. Any person employed by a transport service firm as a driver is must be at least eighteen (18) years of age, hold a valid driver's license issued by the State of Arkansas, and have an acceptable driving record
8. Vehicles used by the transport service firm must be suitable for the purpose for which they are being used by the firm in the transport of the human dead. At a minimum:
a. Vehicles must be of adequate size and interior space;
b. Vehicles used may at no time transport more than the number of bodies they are designed to accommodate;
c. Vision from the outside of each transport vehicle into the area designed for transporting the dead must be restricted by tinting, curtains, shades, or other suitable means;
d. A passenger vehicle such as a sedan may not be used except for transporting infants;
e. A pickup truck with camper shell cover may only be used in extreme conditions caused by decomposition and odor or by extreme weather conditions or terrain; and
f. All vehicles must be kept clean and sanitary, and maintained in good and serviceable condition.
9. All transport service firms shall carry liability insurance coverage of not less than five hundred thousand dollars ($500,000.00) and commercial automobile liability insurance coverage of not less than five hundred thousand dollars ($500,000). The policy shall specifically indicate that the coverage is for the transport of the human dead. Proof of general liability insurance and commercial automobile insurance shall be provided to the Board prior to issuance of an original or renewal Type D Establishment license.
10. When a transport service firm is sold or changes ownership, the firm shall notify the Board, in writing, at least thirty (30) days prior to the sale or change of ownership. In cases where the name of the firm will not change, the license in effect shall be honored for the new owner until that license expires. If the new owner desires to change the name of the transport service firm prior to license expiration, then the owner shall apply for a license for the firm to be issued in the new name.
11. When a transport service firm is closed, the Board shall be immediately notified of the closing in writing, and the license in force at the time of closure shall be returned to the Board office within seven (7) days.
12. If a transport service firm license is revoked, that license shall be returned to the Board office within seven (7) days of receipt of the Board's order revoking the license.
13. If all requirements are met, the Board shall grant each application for the licensure of a transport service firm at the meeting at which the license application was discussed. No applicant may operate a transport service firm until notification from the Board that a license has been issued.
14. Transport service firm licenses and renewal licenses shall be issued under this section upon application, receipt of proof of required insurance, and after approval of the Board. All transport licenses must be renewed on or before December 31st.
15. An application fee shall accompany each application for licensure.
16. Renewal of all transport service firm licenses must be made on or before December 31st of each year, and must be accompanied by the annual renewal fee.
17. Licenses not renewed by December 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board.
18. The owner or manager of a transport service firm may hire such employees so that services are competently provided. The manger is responsible for the supervision and performance of his or her employees and agents in the course of providing the services of a transport service firm. Disciplinary action may be brought against the firm and its owner and/or manager because of the acts or omissions of the firm's employees and agents which violate any applicable law or the rules of the Board.
19. A transport service firm may only act at the request of, and as the agent of, a licensed funeral establishment or its representative.
20. A transport service firm is prohibited from providing shelter, care, or custody of the human dead except as provided by law and in this rule. This does not prohibit a licensed funeral director or embalmer from acting as an agent and at the request of a licensed funeral establishment or its representative from providing those services.
21. Holders of funeral establishment licenses issued by the Board are exempt from any requirement to hold a separate transport service firm license.
22. The dignity of the deceased person shall be respected at all times by the transport service firm and its personnel.
23. Acceptance of a license issued by the Board gives a Board and its representatives the right to inspect the office of the transport service firm, its vehicles, and the records of the firm at any time.
24. License holders shall also hold valid licenses issued by any other applicable regulatory agencies. Failure to hold such other licenses or permits, when necessary, shall be considered a violation of this rule.
25. When acting as an agent of a funeral establishment, or in the course of their normal business, ambulance companies and licensed common carriers, such as airlines, freight companies, and railroads, may transport the bodies of the human dead in and through this state without a transport service firm license issued by the Board.

Credits

Amended March 17, 2012; Dec. 12, 2021.
[FN1]
So in original.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.22.1-6, AR ADC 003.22.1-6
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