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003.22.1-20. Continuing Education

AR ADC 003.22.1-20Arkansas 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 003.22.1-20
003.22.1-20. Continuing Education
Currentness
A. Requirements for Embalmers
1. Every licensed embalmer who desires to be actively engaged in the practice of embalming in Arkansas shall submit with the annual renewal application, evidence of satisfactory completion of at least six (6) hours of classroom instruction. Classroom instruction includes: a traditional brick and mortar style classroom environment, and instruction provided remotely by the use of digital media, including live webinars, and self-guided courses that provide for a test and certificate of completion, and any other method of instruction that is approved by the Board.
2. Every licensed embalmer who is not actively engaged in the practice of embalming in Arkansas shall be exempt from the continuing education requirements set forth above. If the person becomes engaged in the active practice of embalming, such person shall, within the first year of becoming engaged I active practice of embalming, meet the continuing education requirements as stated above.
B. Requirements for Funeral Directors
1. Every licensed funeral director who is actively engaged in the business of funeral directing in Arkansas shall submit with the renewal application, evidence of satisfactory completion of at least six (6) hours of classroom instruction. Classroom instruction includes: a traditional brick and mortar style classroom environment; instruction provided remotely by the use of digital media, including live webinars; self-guided courses that provide for a test and certificate of completion; and any other method of instruction that is approved by the Board.
2. Every licensed funeral director who is not actively engaged in the business of funeral directing in Arkansas shall be exempt from the continuing education requirements set forth above. If the person becomes engaged in the active practice of funeral directing, such person shall, within the first year of becoming engaged in the active practice, meet the continuing education requirements as stated above.
C. Requirements for Individuals Dually Licensed as an Embalmer and Funeral Director
1. Every licensee holding both an embalmer and a funeral director license, who desires to be actively engaged in the practice of both arts, shall submit with the annual renewal form, evidence of satisfactory completion of at least six (6) hours of classroom instruction.
2. Classroom instruction includes: a traditional brick and mortar style classroom environment; instruction provided remotely by the use of digital media, including live webinars; self-guided courses that provide for a test and certificate of completion; and any other method of instruction that is approved by the Board.
D. Requirements for Crematory Retort Operators- every licensed Crematory Retort Operator who desires to be actively engaged in operating crematory retorts shall annually submit a renewal application for licensure. The required certification received from the manufacturer must be submitted to the Board every five (5) years.
E. Actively engaged is defined as: practicing the science of embalming, engaging in the business of arranging, or conducting funerals, and operating a crematory retort.
F. Every licensee who is not actively engaged in the practice of embalming, funeral directing, or operating a crematory retort in Arkansas shall be exempt from the continuing education requirement. If the person becomes engaged in the active practice of embalming, funeral directing, or operating a crematory retort, such person shall within the first full year after becoming engaged in the active practice, meet the continuing education requirements specified by the Board.
G. Lifetime Licenses- Those licensees who hold a lifetime license are exempt from meeting the continuing education requirements.
H. Those licensees who have been licensed for twenty (20) years and have attained the age of sixty-five (65) are exempt from the continuing education requirements.
I. Out of State Licensee- Every licensee who holds a valid Arkansas license but lives outside of the State of Arkansas and is not actively engaged in funeral directing, embalming or operating crematory retorts, is not required to meet the continuing education requirements.
J. Continuing Education (License Requirements and Exemptions)
1. All actively engaged embalmers and funeral directors shall have attained six (6) hours of continuing education prior to December 31st of each year. Proof of satisfactory completion of the continuing education shall accompany the renewal application. Those licensees who fail to attain the required continuing education hours by December 31st of any year will be notified by the Board of the deficiency, and the license will not be renewed, causing it to expire.
2. The Board shall have the power to excuse licensees from the continuing education requirements as set forth in this Rule.
3. Continuing education credit(s) may be obtained by attending and participating in continuing education courses or workshops previously accredited by the Board, or which otherwise meet the requirements stated in this Rule and are approved by the Board. This includes continuing education credits approved by other states.
4. When an organization, educational institution, or person is an accredited sponsor, all continuing education programs of the organization, educational institution, or person, shall be subject to approval by the Board. Each organization, educational institution, or person, shall upon completion of an application and a fee set by the Board, be notified of the approval or disapproval of the course(s) at least thirty (30) days before the course(s) is offered.
5. No more than three (3) continuing education hours can be carried over from one licensing year to the next.
6. Continuing education requirements are waived the first year of licensure.
7. Continuing education requirements for individuals who have been granted a reciprocal license in funeral directing and/or embalming in Arkansas, shall be waived, for the first year of licensure.
8. Continuing education credits shall be granted for any community college, junior college, or four-year university course relating to and approved by the Board for the continuing education requirements. Each applicant for such a course shall also supply the Board a certificate of completion, the completed grade, and the number of hours received in such a course accredited by the college or university.
K. Any licensee who has been found to have submitted credits for continuing education hours but has not attended the hours or did not complete the hours, shall be subject to disciplinary action by the Board.
L. Continuing Education Seminars
1. Standards for Approval
a. A continuing education course or workshop shall be qualified for approval if the Board decides that it;
(4) [FN1] Constitutes an organized program of learning, including a symposium, which contributes directly to the professional competency of the licensee;
(5) Is related to the practice of mortuary science or funeral services;
(6) Is conducted by individuals considered experts in the subject matter of the program by reason of education, training, or experience; and
(7) Is accompanied by a paper, manual, or written outline which substantially describes the subject matter of the program.
b. Except as may be allowed by the Board, a licensee shall not receive credit for:
(1) Any funeral merchandise and/or products, programs or tours; or
(2) Duplicate programs taken within the previous two (2) years.
2. Any licensee in Arkansas who serves as a lecturer or discussion leader shall be given continuing education credit to the extent it contributes to the professional competence of the applicant. Repetitious presentations shall not be counted. Not more than two (2) hours of the total annually required continuing education hours may be satisfied in this manner.
3. Sponsorship of Seminars. Any organization, supplier, group, or corporation wishing to sponsor a seminar, symposium, or other meetings with employees or licensees shall:
a. Submit to the Board no less than sixty (60) days from the planned event, an application supplied by the Board outlining the event, speaker, and course description.
b. Submit the application fee. Multiple events, seminars, and symposiums held at the same location while by the initial sponsor making application will be considered as the same event.
c. Following a seminar approved by the Board, sponsors must, within thirty (30) days, complete and submit all paperwork required by the Board, including: names(s) of person(s) attending, license number, date of attendance, and hours completed.
5. [FN1] Board Sponsored and Other Seminars
a. The Board may provide an online list of accepted programs that are available to licensees. This list may include course offerings not only in Arkansas but also in other states as deemed necessary by the Board to make available to its licensees as wide a variety of courses and offerings as possible.
b. The Board may sponsor continuing education programs. The Board may make these programs available to licensees by registration and an applicable fee as set to cover expenses of these events. Written evidence of attendance shall be issued by the Board at these events to meet the requirements as set forth by the Board.
6. Professionally Recognized Organizations- Organizations exempt from the application fee for courses offered to licensees in the continuing education requirements are:
a. The National Funeral Director's Association (NFDA);
b. The National Selected Morticians (NSM);
c. The Order of the Golden Rule (OGR);
d. The Tri-State Funeral directors meeting held jointly by the States of Arkansas, Mississippi and Louisiana;
e. The National Funeral Directors and Morticians Association (NFD&MA);
f. The National Foundation of Funeral Service;
g. Accredited College(s) of Mortuary Science;
h. Any educational institution licensed by the State Board of Higher Education in Arkansas;
i. Preferred Funeral Directors International (PFDI);
j. The Academy of Professional Funeral Service Practice;
k. The Arkansas Funeral Directors Association (AFDA);
l. The Arkansas Funeral Directors and Morticians Association (AFD&MA);
m. Quad State Funeral Directors and Morticians Association;
n. Any Academy approved CE unit;
o. Northeast Arkansas Funeral Directors;
p. Northwest Arkansas Funeral Directors;
q. Central Arkansas Funeral Directors;
r. Southeast Arkansas Funeral Directors; and
s. Southwest Arkansas Funeral Directors.
M. Program Integrity and Accessibility by the Board
1. Each continuing education course or workshop already approved by the Board may be monitored or reviewed by the Board. Upon evidence of significant variation in the program presented from the program application submitted and approved by the Board, all or any part of the approved hours granted the program may be disapproved.
2. Board members and Board employees shall be admitted to any scheduled seminar, session, or event approved for continuing education credits at no charge, for the sole intent and purpose to monitor the licensees present and the content of the course. Board members and staff, however, cannot claim any course credit for such meetings where they served as monitors of the licensing requirement. Any sponsor of a course held out for the funeral directors or embalmers of this state shall not deny any Board member or Board staff access to the courses or significant paperwork as to attendance or course matter when requested.
3. No sponsor, individual, corporation, or agency having been approved by the Board to present continuing education courses, shall represent to the Board that persons who did not actually attend the course or did not complete the course work, in fact, attended, or completed the work, whichever the case may be. If the sponsor, individual, corporation or agency is a license holder, that individual or entity will be subject to disciplinary action.
N. Committee to Oversee Continuing Education
1. The Board shall be empowered to appoint a committee from itself or its membership, or staff, to oversee the application process and also appoint monitors if it so desires.
2. In the event of a denial, in whole or in part, of any application for accreditation or approval of a continuing education course or workshop, the applicant or licensee shall have a right to request that the matter be discussed at the next regularly scheduled Board meeting.

Credits

Adopted Dec. 12, 2021.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.22.1-20, AR ADC 003.22.1-20
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