1. Advertisement- The publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated or placed before the public, whether in print, over the radio, on television, or in any form of digital media: any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag.

2. Apprentice- A person who is registered with the Board and is engaged in learning the practice of embalming or the business of funeral directing, under the instruction and direct personal supervision of a licensed embalmer or funeral director of the State of Arkansas,.

3. Arrangements (make)- to advise, counsel, and/or enter into agreements about specifics for any services in advance of a death, or following a death.

4. Authority Having Jurisdiction (“AHJ”)- The individual, agency, or office in this state or another state that has authority to release dead human bodies for final disposition.

5. Authorizing Agent(s)- A person legally entitled to control the disposition of the remains of a deceased person, as defined by Ark. Code Ann. § 20-17-102. In the case of individuals who have donated their bodies to science, and in which the institution is charged with making arrangements for the final disposition of the deceased, a representative of the institution, if legally authorized, may serve as the authorizing agent.

6. Bait Advertising -- Advertising a funeral, or an alternative type of service, which the advertising funeral firm, in truth, does not intend or does not wish to sell. Its purpose is to induce persons “before the time of need,” or “at need,” to visit or call the funeral firm, and then sell them a higher priced service.

7. Board- As used in this Rule, it shall mean the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

8. Cash Advance or Cash Accommodations -- Monies paid to outside parties by the funeral director or the funeral service firm, on behalf of the authorizing agent.

9. Casket- A rigid container in which the dead body is placed for use in religious services or other ceremonies, transportation, or final disposition; usually constructed of wood, metal, or manufactured materials such as plastic, fiberglass, chipboard, pressed paper, paperboard or corrugated paper.

10. Closed Container- Any container in which cremated remains can be placed and closed in a manner so as to be resistant to leakage or spillage of cremated remains or the entrance of foreign materials.

11. Committal Service- The final rite or ceremony.

12. Cremation/Calcination- The Cremation Association of North America defines cremation as, “the mechanical and/or thermal or other dissolution process that reduces human remains to bone fragments.” Cremation includes the processing, and usually includes the pulverization of the bone fragments. This definition covers a variety of technologies that may be applied in order to achieve reduction to bone fragments, including traditional flame-based cremation, calcination, and alkaline hydrolysis.

13. Crematory- The building or portion of a building that houses the retort, and that may house a holding facility for purposes of cremation, and as part of a funeral establishment.

14. Crematory Authority- The legal entity or the authorized representative of the legal entity which is licensed by the Board to operate a crematory and perform cremations.

15. Cremation Chamber- The enclosed space within which the cremation process takes place.

16. Cremation Container- The container in which the human remains are placed in the cremation chamber for a cremation, and which should be required by the crematory authority if the remains are not in a casket. A cremation container should meet substantially all of the following standards:

17. Cremated Remains or Cremains- All human remains recovered after the completion of the cremation process, including pulverization, which leaves only bone fragments reduced to unidentifiable dimensions.

18. Direct Disposition- The disposition of the body of a dead person as quickly as the law will allow without its preparation, except when required by law, and without any attendant religious services or other rites or ceremonies.

19. Direct Personal Supervision- Daily on-site contact whereby the supervisor/mentor, during the apprenticeship period, is able to quickly respond to the needs of the apprentice funeral director and/or embalmer. The supervisor/mentor must be on the premises whenever embalming and/or funeral directing is performed.

20. Disposition Authority- The licensed funeral establishment, cremation authority, or other person or legal entity charged with the disposition of cremated remains.

21. Embalmer- A person required to be licensed to practice the science of embalming under the laws of this State who disinfects or preserves a dead human body, entirely, or in part, by the use of chemical substances, fluids, or gases, in the body, or by introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities.

22. Embalming- The art of disinfecting or preserving a dead human body entirely, or in part, by the use of chemical substances, fluids, or gases, in the body, or by introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities.

23. Fetal Death- Death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Fetal death shall include a “spontaneous fetal death” (sometimes referred to as stillbirth or miscarriage), or an “induced termination of pregnancy” as defined by the Arkansas Department of Health.

24. Fetal Remains- The remains of a fetal death.

25. Final Disposition- After the completion of arrangements, final disposition is defined as earth interment, above ground entombment, delivery directly, or through a licensed transportation service to a crematory for a cremation, delivery directly, or through a licensed transportation service to the proper agency for burial at sea, or delivery directly, or through a licensed transportation service to a medical institution for lawful dissection and experimentation.

26. Funeral Director- A person required to be licensed to practice the business of funeral directing under the laws of this State, who meets the public, displays and sells or offers to sell funeral merchandise or supplies; who plans details of funeral services with members of the family and minister or any other person responsible for such planning, or who directs, is in charge, or apparent charge of, and supervises such service in a funeral home, church or other places; who enters into the making, negotiation or completion of financial arrangements for funerals, including, but not limited to, the sale and selection of funeral supplies, or who uses in connection with the business of funeral directing the words or terms “Funeral Director”, “Undertaker”, “Funeral Counselor”, “Mortician”, or any other word, term or picture or combination thereof when considered in context in which used, from which person using such word, term or picture can be implied to be holding himself out to the public as being engaged in the business of funeral directing.

27. Funeral Establishment or Funeral Home- A place or premise devoted to or used in the shelter, care, preparation, disposition or custody of the body, or for religious services or other rites or ceremonies associated with the final disposition of human dead or maintained for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the business of funeral directing.

28. Funeral Merchandise- That personal property used in connection with the transportation, funeralization and final disposition of a dead human body, including but not limited to the receptacle into which the body is directly placed. Funeral merchandise does not include mausoleums, crypts, interment receptacles preset in a cemetery, or columbarium niches.

29. Funeral Service Firm or Funeral Directing- A person, partnership, enterprise, corporation, or any other form of organization which engages in providing shelter, care and custody of the human dead; in the practice of preparing of the human dead by embalming or other methods for burial or disposition; supervising of the funeral services, makes arrangements, financial or otherwise, for the providing of funeral services or the sale of funeral merchandise, whether for the present or future use; or in general, engages in the practice or performs any functions of funeral directing, embalming or lawful final disposition of the dead.

30. Graveside Service- When and where the complete funeral rites or ceremonies are conducted only at graveside. Such rite or ceremony is not what is generally construed as the committal service, which follows the funeral.

31. Green Burial- Interment of a dead human body in the soil in a manner that does not inhibit decomposition and allows for the body to recycle naturally. Interment of the body occurs in a biodegradable casket, shroud, or any other biodegradable material. The process typically does not involve embalming. Green burial is a type of final disposition.

32. Holding Facility- An area within, adjacent or available to the crematory facility designed for the retention of human remains prior to cremation that shall:

33. Human Remains- The body of a deceased person, or part of a body or limb that has been removed from a living person, including the body, part of the body or limb, in any state of decomposition.

34. In State- That period when the body is in the funeral establishment or any other place, for the purpose of a wake, visitation, or viewing whether the casket or receptacle is open or closed and whether the wake, visitation, or viewing is public or private.

35. Interment Receptacle- An enclosure into which the casket is placed.

36. Manager- A person who oversees the day to day operations of a licensed funeral establishment. The manager is ultimately responsible for everything that takes place in and around the funeral establishment. The manager's responsibilities shall include supervising apprentices, licensees, employees, and agents who work for the establishment.

37. Memorial Service- A gathering of persons for a program in recognition of a death without the presence of the body of the deceased.

38. Mentor- a licensed funeral director and/or embalmer who has been licensed for at least three (3) years, and who also agrees to directly supervise an apprentice funeral director and/or embalmer.

39. Mortuary Service Establishment- A place or premise devoted to or used in the shelter, care, custody, or preparation of the human dead, but not for the other purposes identified in the definition of a Funeral Establishment, except at the request of, and as the agent of, a licensed funeral establishment or its representative.

40. Mortuary Service Firm- A person, partnership, enterprise, corporation, or any other form of organization which engages in providing shelter, care, custody, or preparation of the human dead, or providing other services and/or funeral merchandise at the request of, and as the agent of, a licensed funeral establishment or its representative.

41. Niche- A compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains.

42. OSHA- As used in this Rule, the acronym for the Occupational Safety and Health Administration.

43. Scattering Area- A designated area for the scattering of cremated remains.

44. Temporary Container- A a receptacle for cremated remains, usually composed of cardboard, plastic, or similar material, that can be closed in a manner that prevents the leakage or spillage of the cremated remains, or the entrance of foreign material. A temporary container is a single container of sufficient size designed to hold the cremated remains until an urn or other permanent container is acquired, or until the cremated remains are scattered or buried.

45. Transport Driver- A person employed by a transport service firm for the purpose of driving vehicles that transport dead human remains.

46. Transport Service Firm- Any person, partnership, enterprise, corporation, association, society, other legal entity, or other form of organization, that engages in providing transportation of the human dead for hire.

47. Urn- A receptacle designed to permanently encase cremated remains.