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

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

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.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Meetings and Officers of the Board
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 1451 and 1501
PURPOSE: This Chapter describes the meeting procedures and officers of the Board.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Consumers 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, in conjunction with 32 MRSA §1501, sets forth the educational requirements for a person seeking licensure as a practitioner of funeral service in the State of Maine.
ANTICIPATED SCHEDULE: Summer 2003.
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 and application process for persons applying for licensure as a practitioner of funeral service.
ANTICIPATED SCHEDULE: Summer 2003.
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 2,000-hour apprenticeship to be completed by practitioner trainees prior to application for licensure as a practitioner of funeral service.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Applicants for trainee status, practitioner trainees, and applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Reciprocal Agreements
STATUTORY AUTHORITY: 32 M.R.S.A. § 1451
PURPOSE: This Chapter describes procedures and requirements for licensure by reciprocal agreements.
ANTICIPATED SCHEDULE: Summer 2003.
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: This Chapter describes registration obligations for funeral establishments.
ANTICIPATED SCHEDULE: Summer 2003.
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
PURPOSE: This Chapter is designed to protect the safety and health of the general public by setting forth the equipment- and health-related requirements applicable to licensed funeral establishments.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Complaints and Inspections
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 and explains protocol regarding visits by the Funeral Inspector.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: General Rules / Scope of Practice
STATUTORY AUTHORITY: 10 M.R.S.A. §§ 1451 and 1501
PURPOSE: This Chapter contains general rules regarding: (1) hairdressing and cosmetology, (2) the scope of practice of funeral directors and funeral attendants, (3) the referral of inquiries to a licensed practitioner, (4) mandatory disclosures, and other topics. Provisions may be added to to address criteria for reactivation of an inactive license.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 11: Continuing Education Requirement
STATUTORY AUTHORITY: 32 M.R.S.A. § 1506
PURPOSE: This Chapter, in conjunction with 32 M.R.S.A. §1506, sets forth continuing education requirements for license renewal.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 12: Transportation of Human Remains
STATUTORY AUTHORITY: 32 M.R.S.A. § 1451
PURPOSE: This Chapter contains rules regarding the transportation of human remains.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 13: Disinterment
STATUTORY AUTHORITY: 32 M.R.S.A. § 1451
PURPOSE: his Chapter contains rules regarding the disinterment of human remains by licensees of funeral service.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 14: Temporary Storage
STATUTORY AUTHORITY: 32 M.R.S.A. § 1451
PURPOSE: This Chapter contains rules regarding the storage of human remains by licensees of funeral service.
ANTICIPATED SCHEDULE: Summer 2003.
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: This Chapter establishes a code of ethics for licensees of the Board.
ANTICIPATED SCHEDULE: Summer 2003.
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. §§ 1401(2) and1451
PURPOSE: This Chapter adopts forms of mortuary trust agreements for use in Maine. The Board may further address the question of funding Mortuary Trust Accounts with Life Insurance.
ANTICIPATED SCHEDULE: Summer 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

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