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Home > Agendas > 2007-2008 > P&FR > Board of Funeral Service

2007-2008 Regulatory Agendas

02-331
Board of Funeral Service

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

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2007-2008 RULEMAKING ACTIVITY:

Complete Repeal & Replacement in-Progress --

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA 1451 and 1501
PURPOSE: The board may review and revise its rules that define terms related to the practice of funeral service.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Meetings and Officers of the Board
STATUTORY AUTHORITY: 32 MRSA 1451 and 1501
PURPOSE: The board may review and revise its rules regarding the meeting procedures and officers of the Board.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Educational Requirements
STATUTORY AUTHORITY: 32 MRSA 1451 and 1501
PURPOSE: The board may review and revise, in conjunction with 32 MRSA 1501, the educational requirements for a person seeking licensure as a practitioner of funeral service in the State of Maine.
SCHEDULE FOR ADOPTION: Winter 2008.
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 MRSA 1451 and 1501
PURPOSE: The board may review and revise 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.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Practitioner Trainees
STATUTORY AUTHORITY: 32 MRSA 1451 and 1501
PURPOSE: The board may review and revise the 2,000-hour apprenticeship to be completed by practitioner trainees prior to application for licensure as a practitioner of funeral service.
SCHEDULE FOR ADOPTION: Winter 2008.
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 MRSA 1451
PURPOSE: The board may review and revise the procedures and requirements for licensure by reciprocal agreements.
SCHEDULE FOR ADOPTION: Winter 2008.
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 MRSA 1451
PURPOSE: The board may review and revise the registration obligations for funeral establishments.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Funeral homes.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 8: Safety and Health Standards
STATUTORY AUTHORITY: Title 32 MRSA 1451 and 1501
PURPOSE: The board may review and revise its rules regarding the protection of the safety and health of the general public by setting forth the equipment- and health-related requirements applicable to licensed funeral establishments.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Complaints and Inspections
STATUTORY AUTHORITY: 32 MRSA 1451 and 1501
PURPOSE: The board may review and revise the procedure by which complaints and inspections will be handled by the Board and explains protocol regarding visits by the Funeral Inspector.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: General Rules / Scope of Practice
STATUTORY AUTHORITY: 10 MRSA 1451 and 1501
PURPOSE: The board may review and revise its 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 address criteria for reactivation of an inactive license.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 11: Continuing Education Requirement
STATUTORY AUTHORITY: 32 MRSA 1506
PURPOSE: The board may review and revise its rules, in conjunction with 32 MRSA 1506, regarding continuing education requirements for license renewal.
SCHEDULE FOR ADOPTION: Winter 2008.
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 MRSA 1451
PURPOSE: The board may review and revise its rules regarding the transportation of human remains.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 13: Disinterment
STATUTORY AUTHORITY: 32 MRSA 1451
PURPOSE: The board may review and revise its rules regarding the disinterment of human remains by licensees of funeral service.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 14: Temporary Storage
STATUTORY AUTHORITY: 32 MRSA 1451
PURPOSE: The board may review and revise its rules regarding the storage of human remains by licensees of funeral service.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 15: Code of Ethics
STATUTORY AUTHORITY: 32 MRSA 1451
PURPOSE: The board may review and revise its rules regarding the established code of ethics for licensees of the Board.
SCHEDULE FOR ADOPTION: Winter 2008.
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 MRSA 1401(2) and1451
PURPOSE: The board may review and revise the forms of mortuary trust agreements for use in Maine. The Board may further address the question of funding Mortuary Trust Accounts with Life Insurance.
SCHEDULE FOR ADOPTION: Winter 2008.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.