Home Table of Contents

003.22.1-21. Preparation and Preservation of the Human Dead

AR ADC 003.22.1-21Arkansas 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 003.22.1-21
003.22.1-21. Preparation and Preservation of the Human Dead
A. 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 a 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 occupational and workplace health and safety.
B. Preparation procedures; controlled 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 Type A establishment, whether licensed or not.
Type A establishments may work with family and friends of the deceased to allow for their participation in the 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.
C. Embalming or refrigeration required.
1. A dead human body must be refrigerated, or packed in dry ice, or it must be embalmed by a licensed embalmer or registered apprentice or practicum student or clinical student in the following circumstances:
a. If the body will be transported by public transportation;
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; or
c. If ordered by the director of health for the control of infectious disease and the protection of the public health.
D. Authorization to embalm. No dead human body shall be embalmed without written authorization. Written authorization to embalm a dead human body must be obtained from either the individual lawfully entitled to custody of the body, or the individual's legal designee, and the authorization must be obtained as soon as possible following the death. Oral permission to embalm shall constitute an effective authorization to embalm if the individual seeking permission to embalm uses the word “embalm”, briefly explains the nature of embalming, briefly outlines the existing laws regulating the timing and reasons for embalming, and obtains written authorization as soon as is possible thereafter. The original written authorization to embalm shall be maintained in the records of the funeral establishment that causes the embalming to be performed, and a copy of the authorization must be delivered to the person who has legal right to control the disposition, or that person's legal designee. Pre-death directives authorizing embalming, duly executed by the deceased, shall be given full legal effect and shall constitute effective authorization to embalm under this section. When embalming is required, permission to embalm shall, as a matter of law, be implied.
E. Authorization to embalm; required form. A written authorization to embalm must contain the required information:
1. The date of the authorization;
2. The name of the funeral establishment that will perform the embalming;
3. The name, address, and relationship to the decedent of the person signing the authorization;
4. An acknowledgment of the circumstances where embalming is required by law;
5. A statement certifying that the person signing the authorization is the person with legal right to control the disposition of the body as prescribed in Ark. Code Ann. § 20-17-102 or that person's legal designee;
6. The name and signature of the person requesting the authorization and that person's relationship to the funeral establishment where the procedure will be performed; and
7. The signature of the person who has the legal right to control the disposition or his or her legal designee.
F. Embalmer required. Embalming of a dead human body shall be performed only by an individual holding a license to practice mortuary science in Arkansas, a registered apprentice pursuant to Ark. Code Ann. § 17-29-301(b)(1), or a student registered for a practicum or clinical through an accredited college or university or a college of a funeral service education accredited by the American Board of Funeral Service Education. An individual who holds a funeral director only license is prohibited from engaging in the embalming of a dead human body.
G. Bodies awaiting final disposition. All bodies awaiting final disposition shall be kept in an appropriate holding facility or preparation and embalming room. The holding facility must: be secure from access by anyone except the authorized personnel of the funeral establishment; preserve the dignity and integrity of the body; and protect the health and safety of the personnel of the funeral establishment.

Credits

Adopted Dec. 12, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.22.1-21, AR ADC 003.22.1-21
End of Document