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02-331
Department of Professional and Financial Regulation
State Board of Funeral Service

2001-2002 Regulatory Agenda

UMBRELLA-UNIT NUMBER: 02-331
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing & Registration, State Board of Funeral Service

CONTACT PERSON: Elaine Thibodeau, Health Board Administrator, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8420

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

Complete Repeal & Replacement in-Progress --

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1501
PURPOSE: This Chapter defines terms related to the practice of funeral service. New definitions are being added and obsolete ones deleted.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Meetings of the Board
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1501
PURPOSE: This Chapter describes the meeting procedures of the Board. Reference to the duties of the inspector is being resituated elsewhere. Reference is added to board officers.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Educational Requirements
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1501
PURPOSE: This Chapter sets forth the educational requirements for a person seeking licensure as a practitioner of funeral service in the State of Maine. Requirements are restated so as to offer options -- either an Associate Degree in Mortuary Science or fifty credit hours of study, to include specified coursework. ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Examination and Application for Licensure as a Practitioner of Funeral Service
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1501
PURPOSE: This Chapter outlines the type of examinations administered and provides other specific information pertaining to the examination. The title is being expanded, and clarifying language is otherwise substituted for existing language.
ANTICIPATED SCHEDULE: Fall 2001.AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Practitioner Trainees
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1501
PURPOSE: This Chapter outlines the requirements and the conditions for licensure as a practitioner trainee. It is being revised to clarify these requirements.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Applicants for trainee status.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Reciprocal Agreements
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: This Chapter outlines the reciprocal agreement procedures and requirements for licensure. Wording is being added to specify that applicants must attain a score of at least 75 on the state-specific licensing examination.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Licensees of other jurisdictions seeking to achieve licensed status in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 7: Funeral Establishments
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: Proper procedure to be followed pertaining to the registration status of the establishment if a change-of-ownership occurs through sale of the home or death of the owner is detailed. ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Funeral homes.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 8: Safety and Health Standards
STATUTORY AUTHORITY: Title 32 M.R.S.A., 1451 and 1501
Language referencing EPA regulations pertaining to "Biomedical Waste Management Rules" is substituted for language pertaining to "waste disposal."
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Complaints
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1501
PURPOSE: This Chapter describes the procedure by which complaints and inspections will be handled by the Board. Protocol regarding visits by the Funeral Inspector is added. ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: Fees [to be deleted]
STATUTORY AUTHORITY: 10 M.R.S.A., 8003(2-A)(D)
PURPOSE: Former Chapter #10, entitled "Fees" is to be deleted, as its
content is now situated within the rules of the Department of Professional &
Financial Regulation, Office of Licensing & Registration, under agency umbrella
and unit number 02-041 as Chapter 10. "Scope of Practice" has been added to "General Rules." It is explained that the registration of attendants is tied to their employment by a home.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Applicants and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: General Rules / Scope of Practice
STATUTORY AUTHORITY: 32 M.R.S.A., 1451, 1407, and 1501
PURPOSE: Rule amendments are being introduced to specify the disclosure requirements regarding ownership and rental caskets mandated by pl 1999, Chapter 282, "An Act to Require Certain Disclosures by Providers of Funeral Services," and to add provisions relating to scope of practice.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 11: Continuing Education Requirement
STATUTORY AUTHORITY: 32 M.R.S.A., 1451 and 1506
PURPOSE: This Chapter outlines the educational requirements which must be met in order for practitioners of funeral service to renew their licenses. Extensions of time for completion and renewal of lapsed licenses are narrowed to reverse the presumption that "any licensee" is entitled to an extension, under given circumstances.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 12: Transportation of Human Remains
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: Provisions relating to conveyance are being expanded.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 13: Disinterment
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: Language addressing the disinterment of human remains is made more precise.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 14: Temporary Storage
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: Language regarding the storage of human remains by licensees of funeral service is made more precise.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 15: Code of Ethics
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: References to "advertising content" are being stricken from the Code.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 16: Prearranged Funerals and Burial Plans--Mortuary Trust Agreements
STATUTORY AUTHORITY: 32 M.R.S.A., 1451
PURPOSE: Chapter 16 provides regulations for the execution and servicing of Mortuary Trust Agreements and to specify the format and content of "Guaranteed Price" and Credit-for-Service" contract versions.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 17: Code of Ethics
STATUTORY AUTHORITY: 32 M.R.S.A., 1401 and 1451
PURPOSE: Moved to Chapter 15.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.


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