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RulesandregulationsoftheNewJerseyDivisionofConsumerAffairs(Division),the
boardsandcommitteesin,andotherunitsof,theDivisionarecodifiedinTitle13of
theNewJerseyAdministrativeCode,publishedbyLexisNexis.Noticesofproposal
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N EWJ ERSEYA DMINISTRATIVEC ODE
T ITLE13
L AWANDP UBLICS AFETY
C HAPTER36
B OARDOFM ORTUARYS CIENCE
BOARDOFMORTUARYSCIENCE LAWANDPUBLICSAFETY
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CHAPTERTABLEOFCONTENTS
SUBCHAPTER1.ADMINISTRATION..........................................................................................7
13:36‐1.1SealoftheBoard..........................................................................................................................7
13:36‐1.2Definitions.....................................................................................................................................7
13:36‐1.3Boardmeetings.............................................................................................................................8
13:36‐1.4DutiesofExecutiveDirector.........................................................................................................8
13:36‐1.5Inspector'sduties..........................................................................................................................8
13:36‐1.6Feesandcharges..........................................................................................................................9
13:36‐1.7(Reserved)...................................................................................................................................10
13:36‐1.8Recordkeeping............................................................................................................................10
13:36‐1.9StatementofFuneralGoodsandServicesSelected...................................................................11
13:36‐1.10Limitedexemptionforanatomicalassociationsofamedicalschoolestablishedandoperated
bytheStateofNewJerseyfortheacceptanceanddispositionofhumanremainsdonatedpursuantto
theRevisedUniformAnatomicalGiftAct...................................................................................................17
SUBCHAPTER2.INTERNS.......................................................................................................18
13:36‐2.1Qualificationforinternregistration...........................................................................................18
13:36‐2.2Internregistrationapplication....................................................................................................20
13:36‐2.3Availabilityofinterns..................................................................................................................20
13:36‐2.4Internidentificationcard............................................................................................................20
13:36‐2.5Reportingembalmings,funeralattendanceandfuneralarrangements;form..........................20
13:36‐2.6Creditforembalmingbody.........................................................................................................21
13:36‐2.7Preceptorrequirements.............................................................................................................21
13:36‐2.8Absencefromtraining................................................................................................................21
13:36‐2.9Terminationorcompletionoftraining.......................................................................................21
13:36‐2.10Returnofinternidentificationcard..........................................................................................22
13:36‐2.11Affidavitrecommendationform...............................................................................................22
13:36‐2.12Extensionofinternship.............................................................................................................22
13:36‐2.13Scopeofpractice:interns.........................................................................................................22
13:36‐2.14Preceptors'responsibilityfortraining......................................................................................23
13:36‐2.15Failuretofilereports................................................................................................................23
SUBCHAPTER3.EXAMINATIONSANDCANDIDATEQUALIFICATIONS.....................................24
13:36‐3.1Qualificationsforlicensure.........................................................................................................24
13:36‐3.2ApplicationforMortuaryJurisprudenceexamination...............................................................24
13:36‐3.3(Reserved)...................................................................................................................................25
13:36‐3.4(Reserved)...................................................................................................................................25
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13:36‐3.5Passinggrades............................................................................................................................25
13:36‐3.6Examinationreviewprocedure..................................................................................................25
13:36‐3.7Practicalexaminationrequirements..........................................................................................26
13:36‐3.8Expirationofmortuaryjurisprudenceandpracticalexaminationresults..................................26
13:36‐3.9Failuretocompleteapplicationprocess....................................................................................26
13:36‐3.10Credittowardslicensureforeducation,training,andexperiencereceivedwhileservingasa
memberoftheArmedForces.....................................................................................................................27
SUBCHAPTER4.LICENSEANDREGISTRATIONGENERALLY.....................................................29
13:36‐4.1Licenserenewal..........................................................................................................................29
13:36‐4.1ALicensereactivation..................................................................................................................29
13:36‐4.1BLicensereinstatement..............................................................................................................31
13:36‐4.2Noticeofaddresschange;serviceofprocess.............................................................................33
13:36‐4.3Legalnamechange.....................................................................................................................33
13:36‐4.4Newinstallations........................................................................................................................33
13:36‐4.5Changeofownership..................................................................................................................34
13:36‐4.6Registrationofmortuary............................................................................................................34
13:36‐4.6ACertificateofregistrationrenewal;reinstatement..................................................................35
13:36‐4.7Corporatecharter,partnershipagreement,operatingagreement...........................................36
13:36‐4.8Full‐timelicensedmanager;termination;resignation;death;licenseeincharge.....................36
13:36‐4.9Participationofunlicensedpersons...........................................................................................37
13:36‐4.10(Reserved).................................................................................................................................38
13:36‐4.11Tradenames.............................................................................................................................38
13:36‐4.12Deathofsoleproprietor...........................................................................................................38
13:36‐4.13Useofaregisteredmortuaryownedbyanother.....................................................................39
13:36‐4.14(Reserved).................................................................................................................................40
13:36‐4.15Licensurebycredentials...........................................................................................................40
13:36‐4.16Responsibilitiesoflicenseeandowner....................................................................................41
13:36‐4.17Notification:convictionsorarrests..........................................................................................41
SUBCHAPTER5.MORTUARIES...............................................................................................41
13:36‐5.1Disclosureofmanagername;postingofmanagerlicense........................................................41
13:36‐5.2Applicationapprovedforspecificlocations;separatefacilitiesconstrued................................42
13:36‐5.3Transferabilityofregistrationcertificates;newlocation...........................................................42
13:36‐5.4Physicalstructureofmortuary;separationfromlivingquarters...............................................43
13:36‐5.5Preparationroomrequirements................................................................................................43
13:36‐5.6Equipmentrequirements...........................................................................................................44
13:36‐5.7Potablewatersupply..................................................................................................................45
13:36‐5.8(Reserved)...................................................................................................................................46
13:36‐5.9Multiplefuneralestablishmentsinsamelocation.....................................................................46
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13:36‐5.10Displayofestablishmentsign...................................................................................................46
13:36‐5.11Burialpreparationperformedinseparateroom......................................................................46
13:36‐5.12Advertising................................................................................................................................46
13:36‐5.13(Reserved).................................................................................................................................49
13:36‐5.14Discontinuationofbusinessorbankruptcy..............................................................................49
13:36‐5.15Unlicensedpersonsinfuneraldirectingorembalmingpractice..............................................50
13:36‐5.16Noticeofabsencefrompractice..............................................................................................50
13:36‐5.17Removalofhumanremains;authorization..............................................................................51
13:36‐5.18Dispositionofhumanremains..................................................................................................51
13:36‐5.19Useofregisteredmortuaryinorganandtissuerecovery........................................................51
13:36‐5.20(Reserved).................................................................................................................................52
13:36‐5.21Disclosureofownershipinformation.......................................................................................52
SUBCHAPTER6.EMBALMINGPROCEDURE............................................................................52
13:36‐6.1Privacyofburialpreparation......................................................................................................52
13:36‐6.2Dressrequirementforembalming.............................................................................................53
13:36‐6.3Useofpoisons............................................................................................................................53
13:36‐6.4Disposalofbloodandexcretion.................................................................................................53
13:36‐6.5Markingreceptacles...................................................................................................................54
13:36‐6.6Unnaturaldeaths........................................................................................................................54
13:36‐6.7Participationofinternsinembalming........................................................................................54
13:36‐6.8(Reserved)...................................................................................................................................54
SUBCHAPTER7.SPECIALRULESOFPRACTICE........................................................................54
13:36‐7.1Handlingandembalmingbodiesdeadofaninfectiousorcontagiousdisease.........................54
SUBCHAPTER8.GENERALRULESOFPRACTICE......................................................................55
13:36‐8.1Carryinglicenseidentificationcard............................................................................................55
13:36‐8.2Divulgingsecrets.........................................................................................................................55
13:36‐8.3Safeguardingpublichealthanddecedent'sdignity...................................................................55
13:36‐8.4Restrictionsonemployment......................................................................................................56
13:36‐8.5Unauthorizedlicenseuse...........................................................................................................56
13:36‐8.6Businesscards.............................................................................................................................56
13:36‐8.7Authorizedsurrenderofhumanremains...................................................................................57
13:36‐8.8Authorizationtoembalmhumanremains.................................................................................57
13:36‐8.9Funeralarrangementsorquotationoffuneralprices................................................................57
13:36‐8.10Presenceoflicenseefordispositionofdeadhumanbody......................................................57
13:36‐8.11Multipleburials.........................................................................................................................57
13:36‐8.12Publicaccommodations............................................................................................................59
13:36‐8.13Referralfees.............................................................................................................................59
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SUBCHAPTER9.PREVENTIONOFUNFAIRORDECEPTIVEACTSANDPRACTICES....................59
13:36‐9.1Definitions...................................................................................................................................59
13:36‐9.2Violations....................................................................................................................................61
13:36‐9.3Failuretodiscloserequiredpriceinformation:anunfairordeceptivepractice........................61
13:36‐9.4Telephonepricedisclosures.......................................................................................................61
13:36‐9.5Casketpricelist...........................................................................................................................62
13:36‐9.6Outerburialcontainerpricelist.................................................................................................62
13:36‐9.7Generalpricelist.........................................................................................................................63
13:36‐9.8ProvisionofStatementofFuneralGoodsandServicesSelected...............................................66
13:36‐9.9Embalmingprovisions.................................................................................................................67
13:36‐9.10Casketforcremationprovisions...............................................................................................67
13:36‐9.11Outerburialcontainerprovisions.............................................................................................67
13:36‐9.12Generalprovisionsonlegalandcemeteryrequirements........................................................68
13:36‐9.13Provisionsonpreservativeandprotectivevalueclaims..........................................................68
13:36‐9.14Cashadvanceprovisions...........................................................................................................68
13:36‐9.15Requiredpurchaseofcasketsfordirectcremations................................................................68
13:36‐9.16Otherrequiredpurchases.........................................................................................................69
13:36‐9.17Embalmingprovidedwithoutpriorapproval...........................................................................69
13:36‐9.18Retentionofdocuments...........................................................................................................70
13:36‐9.19Comprehensionofdisclosures.................................................................................................70
SUBCHAPTER10.CONTINUINGEDUCATION..........................................................................70
13:36‐10.1Purposeandscope...................................................................................................................70
13:36‐10.2Definitions.................................................................................................................................70
13:36‐10.3Minimumcredithoursforbienniallicenserenewal................................................................71
13:36‐10.4Exemptions...............................................................................................................................72
13:36‐10.5Waiverofcontinuingcompetencyrequirement......................................................................72
13:36‐10.6CredentialsCommittee.............................................................................................................72
13:36‐10.7Criteriaforcontinuingcompetencyprograms.........................................................................73
13:36‐10.8Presumptiveapprovalandlistofapprovedcourses................................................................74
13:36‐10.9Approvalofcourseofferings;providerresponsibilities...........................................................74
13:36‐10.10Credithourreportingprocedure............................................................................................76
13:36‐10.11(Reserved)...............................................................................................................................76
SUBCHAPTER11.PREPAIDFUNERALAGREEMENTSANDARRANGEMENTS...........................76
13:36‐11.1Definitions.................................................................................................................................76
13:36‐11.2Licenseandregistrationrequired;StatementofFuneralGoodsandServicesSelectedand
preneedarrangementrequired;pricelists;compliancewithatneedlaws...............................................80
13:36‐11.3Contentsofaprepaidfuneralagreement................................................................................81
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13:36‐11.4Additionalrequirementsofprepaidfuneralagreementsfundedbyfuneralinsurancepolicies;
signingofinsurancedocuments;providersnotbeneficiaries....................................................................84
13:36‐11.5Funeraltrustconvertedtofuneralinsurancepolicy................................................................85
13:36‐11.6Irrevocablefuneralagreements...............................................................................................85
13:36‐11.7Pooledtrusts.............................................................................................................................86
13:36‐11.8Commissionsfortrusteesofpooledtrust................................................................................87
13:36‐11.9Cashadvanceitems;applicationofinterestincome................................................................87
13:36‐11.10Periodicstatementsofstatusoffuneraltrusts......................................................................87
13:36‐11.11Purchasertosigncompleteddocumentation........................................................................87
13:36‐11.12Depositofpreneedfunds;comminglingoffundsprohibited;proofofestablishmentoftrust
....................................................................................................................................................................88
13:36‐11.13Returnofprepaidmoneysuponrevocationorimpossibilitytoperform;transferofpreneed
arrangementsorprepaidagreements;presumptionofintent..................................................................88
13:36‐11.14Otherprohibitedacts.............................................................................................................89
13:36‐11.15Presumption;aidingandabetting;vicariousliability;dutytoreportviolations....................91
13:36‐11.16Preneedledgersofactiveprepaidfuneralagreementsandpreneedfuneralarrangements;
maintenanceofrecordsofprepaidagreementsandpreneedarrangements;compilationofpreneed
ledger;biennialregistration........................................................................................................................92
13:36‐11.17RecordsprovidedtotheBoardandtosuccessorsininterest................................................94
13:36‐11.18Notificationofpurchaseroftransferofownership...............................................................95
13:36‐11.19Notificationofdissolutionorbankruptcy...............................................................................95
APPENDIX..............................................................................................................................97
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SUBCHAPTER 1.
ADMINISTRATION
13:36-1.1 SEAL OF THE BOARD
The Seal of the Board shall be the Seal of New Jersey encircled with the words "State Board
of Mortuary Science of New Jersey."
13:36-1.2 DEFINITIONS
The following words and terms, as used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
"Board" means the State Board of Mortuary Science of New Jersey.
"Licensee" means a person licensed to engage in the practice of mortuary science in the
State of New Jersey and includes embalmers, funeral directors, practitioners, and practitioners
of mortuary science.
"Registered mortuary" means any individual, partnership, limited liability partnership, limited
liability company, corporation or other business entity issued a certificate of registration for a
place or premises to be used in the care and preparation for burial, disposition, or transportation
of dead human bodies in the State of New Jersey and includes funeral establishments, funeral
homes and mortuaries.
"Intern" means a person registered with the Board who is engaged in learning to practice as
a practitioner of mortuary science under the supervision of a Board licensee, and includes
registered trainees.
"Manager" means a licensee responsible for the direction, management and control of all
work emanating from a funeral establishment.
"Owner" means any individual, partnership, limited liability partnership, limited liability
company, corporation or other business entity that sells or offers to sell funeral goods and
funeral services to the public and holds a certificate of registration to operate a registered
mortuary in the State.
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13:36-1.3 BOARD MEETINGS
a) The Board shall hold an annual meeting in May each year, or at such other time as the
President may direct, at which time the President and Secretary of the Board shall be
elected for the ensuing year.
b) Regular monthly meetings shall be held in accordance with a published schedule of
meetings. Special meetings of the Board may be called by the President upon reasonable
notice being given to the members. In the event of unavailability of the President for illness
or otherwise, three members of the Board shall have the power to call a special meeting in
cases of emergency.
13:36-1.4 DUTIES OF EXECUTIVE DIRECTOR
a) The Executive Director shall be in full charge of office administration. It shall be his or her
duty to:
1)
Receive complaints and answers;
2)
Set and calendar cases for hearings;
3)
Issue notices of hearing and statements to respondents;
4)
Perform any and all duties which the Board may from time to time impose upon him or
her.
13:36-1.5 INSPECTOR'S DUTIES
a) The inspector shall:
1)
Inspect mortuaries to ensure compliance with the provisions of the Mortuary Science Act,
N.J.S.A. 45:7-32 et seq., and the rules governing the practice of mortuary science in the
State set forth in this chapter;
2)
Where necessary, view dead human bodies which have been placed in the care of any
practitioner of mortuary science;
3)
Inspect the license and registration of practitioners of mortuary science;
4)
Verify employment and check credentials of all interns in training;
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5)
Visit any place where the practice of embalming is being conducted or where a funeral is
in the process of being directed; provided, however, that such visitation shall be made in
a respectful and decorous manner, as may be fitting the presence of the dead;
6)
Visit any cemetery, crematory or public mausoleum for the purpose of determining
whether dead human bodies entrusted to the care of a practitioner of mortuary science or
funeral director are being properly disposed of according to law.
b) The inspector shall perform such other duties as may be directed by the Board and shall
report to the Board at each regular meeting and at such other times as the Board may direct.
13:36-1.6 FEES AND CHARGES
a) The Board shall charge the following fees:
1)
Application fee .......................................................................................... $ 50.00
2)
Initial license fee:
i) During the first year of a biennial renewal period ................................ $350.00
ii) During the second year of a biennial renewal period ........................... $175.00
3)
Initial certificate of registration for a mortuary:
i) During the first year of a biennial renewal period ................................ $700.00
ii) During the second year of a biennial renewal period ........................... $350.00
4)
Licensure examination fee ........................................................................ $125.00
5)
Practical examination fee .......................................................................... $ 75.00
6)
Intern registration fee ................................................................................ $ 75.00
7)
New installation inspection fee .................................................................. $150.00
8)
Biennial license renewal fees:
i) Practitioner ......................................................................................... $350.00
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ii) Mortuary certificate of registration ....................................................... $700.00
iii) Late renewal fee ................................................................................. $100.00
9)
Change of manager registration fee .......................................................... $ 35.00
10)
Funeral home name change fee ............................................................... $ 40.00
11)
Duplicate license fee................................................................................. $ 25.00
12)
Replacement, embossed registration certificate fee .................................. $ 25.00
13)
Reinstatement fee ..................................................................................... $150.00
14)
Verification of licensure ............................................................................ $ 25.00
13:36-1.7 (RESERVED)
13:36-1.8 RECORDKEEPING
a) The registered mortuary shall maintain full, accurate records of all funerals which it conducts
or in which it participates in any manner, except as provided in N.J.A.C. 13:36-4.13.
b) Funeral records shall be kept, electronically or otherwise, on an annualized basis for seven
years and each funeral shall be designated by a number assigned consecutively at the time
funeral arrangements are made. The information on such records shall be recorded after the
completion of each funeral. The oldest six years of information shall be maintained in such a
manner so as to be retrievable and readable within two weeks. The most recent one year of
information shall be immediately retrievable and readable.
c) Funeral records shall include the following, if applicable:
1)
The Statement of Funeral Goods and Services Selected;
2)
The name and location of the cemetery in which burial was made or the name and
location of the crematorium where appropriate, and the charges made by the cemetery or
crematorium;
3)
The name and address of any church, synagogue, mosque, and/or clergy or celebrant
who participated in the funeral service and who received any offering or honorarium, and
the amount thereof, if paid by the funeral home;
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4)
The name and license number of the practitioner or intern who provided embalming
services;
5)
The name and license number of the practitioner or intern who provided religious and/or
ritual preparation services, and the location where such services were provided. If
religious and/or ritual preparation services were provided by other than a licensee or
intern, the name and address of the unlicensed person or, where the unlicensed person
is performing the services for a religious or commercial entity, the name and address of
the entity that provided the religious and/or ritual preparation services;
6)
The name and license number of the practitioner or intern who provided removal
services. If removal services were provided by other than a licensee or intern, the name
and address of the unlicensed person or, where the unlicensed person is performing the
removal services for a religious or commercial entity, the name and address of the entity
that provided the removal services;
7)
Date of disposition;
8)
The final bill;
9)
A copy of the completed New Jersey Death Certificate, if the death occurred in the State,
or if the death occurred outside of the State, a copy of the burial or transit papers or
other final disposition documents;
10)
A copy of any correction made to the New Jersey Death Certificate by the funeral
director; and
11)
A copy of the disinterment permit.
d) The record retention requirements of this section shall not cease because a mortuary
permanently closes or files for bankruptcy. When a mortuary permanently closes or files for
bankruptcy, the manager or owner of the mortuary shall comply with the notification
requirements of N.J.A.C. 13:36-5.14.
13:36-1.9 STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED
***(NOTE THAT BELOW RULE LANGUAGE FOR N.J.A.C. 13:36-1.9 WAS ADOPTED JUNE 3,
2019 AND HAS A DELAYED OPERATIVE DATE OF DECEMBER 3, 2019. OFFICIAL RULE
TEXT CAN BE FOUND THROUGH LEXISNEXIS )***
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a) When making preneed and/or at need funeral arrangements, as defined in N.J.A.C. 13:36-
11.1, the practitioner shall compile a Statement of Funeral Goods and Services Selected.
The statement shall be on a pre-printed, single-sided sheet of paper that is at least 8 ½
inches by 11 inches, but no more than 8 ½ inches by 14 inches, and shall include at least the
following information:
1)
The full name of the funeral home, address, telephone number, manager's name, title
and license number, funeral file number, and whether the statement is being completed
for an at need arrangement or a preneed arrangement, as defined in N.J.A.C. 13:36-
11.1, or for a price quotation only, and the language “This statement is subject to change
by agreement of the parties”;
2)
The full name, legal address, date of birth, date and place of death, and sex of the
decedent;
3)
The name and address of the consumer making the funeral arrangements and the date
the arrangements are made;
4)
The following disclosures:
i) "Charges are only for those items that you selected or that are required. If we are
required by law or by a cemetery or crematory to use any items, we will explain the
reasons in writing below." and
ii) "If you selected a funeral that may require embalming, such as a funeral with viewing,
you may have to pay for embalming. You do not have to pay for embalming you did
not approve if you selected arrangements such as a direct cremation or immediate
burial. If we charged for embalming, we will explain why below."
5)
Estimated charges;
6)
All charges relative to the funeral, broken down into at least the five general categories
set forth in (c) below, with subtotals and grand totals as indicated;
7)
Cash disbursements paid by the family; and
8)
The funeral record number as required by N.J.A.C. 13:36-1.8(b).
b) Promissory notes, contracts, payment terms, and other non-related items shall not be
included on the Statement of Funeral Goods and Services Selected.
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c) All charges relative to the funeral shall be categorized as follows and the Statement of
Funeral Goods and Services Selected shall contain the following information:
STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED
Charges are only for those items that you selected or that are required. If we
are required by law or by a cemetery or crematory to use any items, we will
explain the reasons in writing below.
I. PROFESSIONAL SERVICES
Basic Services of Funeral Director and Staff ................................................... $
Embalming (including use of preparation room and sanitary care) ....................
If you selected a funeral that may require embalming, such as a funeral with viewing,
you may have to pay for embalming. You do not have to pay for embalming you did
not approve if you selected arrangements such as a direct cremation or immediate
burial. If we charged for embalming, we will explain why below.
Other preparation of the body ......................................................................... $
Other (specify)
Professional Services TOTAL ......................................................................... $
II. OTHER STAFF AND RELATED FACILITIES
Use of facilities and staff for:
Visitation (viewing) ......................................................................................... $
Funeral Ceremony ............................................................................................
Memorial Service ..............................................................................................
Use of equipment and staff for:
Graveside Service (including accompaniment of remains to place of final
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disposition) ..................................................................................................
Other (specify) ..................................................................................................
Other Staff and Related Facilities TOTAL ....................................................... $
III. TRANSPORTATION
Transfer of Remains to Funeral Home ............................................................ $
Hearse .............................................................................................................
Limousine .........................................................................................................
Other (specify) ..................................................................................................
Transportation TOTAL .................................................................................... $
OPTIONAL PACKAGED SERVICES
1)
Direct Cremation ....................................................................................... $
2)
Immediate Burial .........................................................................................
3)
Forwarding Remains ...................................................................................
4)
Receiving Remains ....................................................................................
(If you select an optional package, see General Price List for a list of included
services.)
Optional Packaged Services TOTAL ............................................................... $
IV. MERCHANDISE
Casket or Alternative Container:
Manufacturer
Model
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Type of material
Interior material .............................................................................................. $
Vault/Outer Burial Container:
Manufacturer ....................................................................................................
Model ...............................................................................................................
Type of material................................................................................................
Other (specify) ..................................................................................................
Merchandise TOTAL ....................................................................................... $
FUNERAL HOME CHARGES TOTAL (I-IV & Packaged Services) .................. $
V. CASH DISBURSEMENTS (Estimated)
Disposition: State permit and filing fees .......................................................... $
Certified copies of death certificate #____ @ $_____
Cemetery or crematory .....................................................................................
Officiant and/or place of worship ......................................................................
Music (specify) .................................................................................................
Obituary charges ..............................................................................................
Other cash disbursements (specify) ..................................................................
Cash disbursements TOTAL ........................................................................... $
TOTAL OF ESTIMATED CHARGES (I-V & packaged services) ...................... $
GRAND TOTAL OF ESTIMATED CHARGES .................................................. $
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IF ANY LAW, cemetery or crematory requirements have required the
purchase of any of the items listed above, the law or requirement is described
below:
1. Crematory requires container to surround the remains;
2. Your cemetery requires an outer burial container; or
3. Other:
REASONS FOR EMBALMING:
Family authorized; or
Other:_________________________________
I have prepared the above Statement
of Funeral Goods and Services
Selected:
Print Name of Practitioner
Signature of Practitioner, License #,
and Date
I have read and received a copy of the
Statement of Funeral Goods and
Services Selected:
Print Name of Consumer Making
Arrangements
Signature of Consumer Making
Arrangements and Date
Relationship to Decedent
Street Address
City, State, Zip Code
d) A practitioner who offers the Optional Packaged Services and has that offer accepted by a
consumer shall not be required to detail the charges for Categories I through III set forth in
(c) above. It shall not be mandatory for practitioners to include the category of "Optional
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Packaged Services" on the Statement of Funeral Goods and Services Selected if they do not
offer for sale the services of Direct Cremation, Immediate Burial, Forwarding of Remains,
and/or Receiving of Remains, or to include the "Price Reduction" category, if this category is
not utilized by practitioners. A practitioner shall not include any charges for Category V cash
disbursements in any Optional Packaged Services. If a price reduction is offered, a
practitioner shall disclose such reduction on the Statement of Funeral Goods and Services
Selected as “PRICE REDUCTION…………$.....” on the line immediately above “GRAND
TOTAL OF ESTIMATED CHARGES.”
e) Immediately upon completing the Statement of Funeral Goods and Services Selected the
practitioner and the consumer shall sign and date the Statement where indicated. If the
consumer refuses to sign the Statement, the practitioner shall note on the signature line of
the Statement that the consumer refused to sign. The practitioner shall immediately provide
a copy to the person for whom the Statement was prepared.
f) Any change, addition or deletion authorized by the purchaser after the completion of the
Statement of Funeral Goods and Services Selected shall be included on the final bill.
g) A practitioner may utilize a photocopy of the Statement of Funeral Goods and Services
Selected contained in Appendix A, incorporated herein by reference, to satisfy the
requirements of this section. A practitioner may fill in blank lines to customize the goods and
services provided. If a practitioner does not use the chapter Appendix A, the practitioner
must use a Statement of Funeral Goods and Services Selected that includes all of the
required information and disclosures and follows the same basic format as the chapter
Appendix A.
13:36-1.10 LIMITED EXEMPTION FOR ANATOMICAL ASSOCIATIONS OF A
MEDICAL SCHOOL ESTABLISHED AND OPERATED BY THE STATE OF NEW
JERSEY FOR THE ACCEPTANCE AND DISPOSITION OF HUMAN REMAINS
DONATED PURSUANT TO THE REVISED UNIFORM ANATOMICAL GIFT ACT
a) The provisions of this section shall apply to the operation, maintenance and use of
mortuaries by licensed practitioners of mortuary science for the benefit of anatomical
associations of medical schools established and operated by the State of New Jersey, which
association is the vehicle for the acceptance and disposition of human remains donated
pursuant to the Revised Uniform Anatomical Gift Act, N.J.S.A. 26:6-77 et seq., for the
purpose of medical research and education.
b) Upon the Board's receipt of an application for registration of a mortuary at such an
association as described in (a) above, the Board may exempt said association from the
following provisions of this chapter:
1)
N.J.A.C. 13:36-4.6, Corporation's application for registration of funeral establishment;
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2)
N.J.A.C. 13:36-4.7, Corporate applicant's charter;
3)
N.J.A.C. 13:36-5.1, Display of "Manager" sign;
4)
N.J.A.C. 13:36-5.4, Physical structure of mortuary; separation from living quarters;
5)
N.J.A.C. 13:36-5.10, Display of establishment sign;
6)
N.J.A.C. 13:36-8.12, Public accommodations; and
7)
N.J.A.C. 13:36-6.1, Privacy of burial preparation.
c) Factors the Board shall consider in granting these exemptions include whether the
exemptions, if granted, will promote medical research and education and whether the public
health, safety and welfare will be safeguarded if the exemptions are granted.
d) The exemptions, if granted by the Board, shall be specifically identified on the certificate of
registration and shall apply only to licensees of the Board who are employed by such
association as described in (a) above. Unless otherwise provided by the Board, upon
expiration of the certificate of registration, any exemptions granted pursuant to this section
shall be invalid unless renewed by the Board upon application by said association.
e) Any association granted such exemptions shall not charge a fee for the operation,
maintenance and use of a mortuary pursuant to N.J.S.A. 45:7-61 and this chapter, except for
the actual costs of shipping of cremated remains.
SUBCHAPTER 2.
INTERNS
13:36-2.1 QUALIFICATION FOR INTERN REGISTRATION
a) The following words and terms, when used in this section, have the following meaning,
unless the context clearly indicates otherwise:
1)
"Preceptor" means a practitioner of mortuary science who satisfies the requirements of
N.J.A.C. 13:36-2.7 and who is responsible for the supervision of an intern during the
intern's practical training period.
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2)
"Two years of academic instruction" means the successful completion of 60 degree
credits at a community or county college or one-half the credits required to complete a
degree at the four-year college or university in which the student is enrolled.
3)
"Three years of academic instruction" means the completion of 90 degree credits at a
community or county college or four-year college or university or a combination thereof
or three-quarters of the credits required to complete a degree at the four-year college or
university in which the student is enrolled.
4)
"Remedial or basic course" means a non-degree credit course required by a college or
university to be completed by a student before being admitted to a specific college level
course or degree program course.
b) An applicant to be registered as an intern shall have satisfactorily completed two or three
years of academic instruction in a college or university approved by the Commission on
Higher Education or shall be completing the requirement while registered as an intern.
c) An intern who is registered while concurrently attending college to complete the two-year or
three-year academic educational licensure requirement shall:
1)
Attend college until the requirement is met;
2)
Achieve a minimum of eight degree program credits per academic term with a minimum
cumulative average of 2.0 or its academic equivalent throughout the concurrent
registration program. A person who receives less than a 2.0 cumulative average, carries
less than the minimum of eight degree program credits at any time during the academic
term, or who takes more than one remedial or basic course per academic term shall have
his or her internship terminated unless good cause is established for the continuation of
the internship. The intern shall submit a written request to the Board, which shall
establish good cause for extension of his or her internship;
3)
Have an official transcript of credits forwarded directly to the Board by the institution
being attended immediately at the completion of every academic term; and
4)
Notify the Board immediately if the college program is interrupted for any reason.
d) An out of state resident may be registered as an intern, provided that the applicant is
registered with a New Jersey practitioner of mortuary science.
e) CLEP credits may be included in an academic evaluation by the Commission on Higher
Education.
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f) Any credit granted to a student by a college or university for completion of any remedial or
basic course shall not be recognized by the Board in any transcript evaluation made by the
Commission on Higher Education for an academic qualifying certificate.
13:36-2.2 INTERN REGISTRATION APPLICATION
Applications for intern registration may be obtained from the State Board of Mortuary
Science, PO Box 45009, 124 Halsey Street, Newark, New Jersey 07101 and on the Board's
website at http://www.njconsumeraffairs.gov/mor/Pages/applications.aspx. The application shall
be executed by the preceptor and intern and certified in affidavit form, and returned to the Board
office. A completed application form shall contain information concerning the prospective intern's
educational background, the name and address of the registered mortuary where the
prospective intern will be registered, and the name and license number of the preceptor who
meets the requirements of N.J.A.C. 13:36-2.7. An applicant shall report any changes in this
information to the Board within five days. A prospective intern shall also submit two passport-
size photographs with his or her application for registration.
13:36-2.3 AVAILABILITY OF INTERNS
Interns shall be available for funerals, embalmings, removals and other training instruction in
accordance with N.J.A.C. 13:36-2.14 and shall assist in the embalmings of at least 75 bodies,
the conduct of at least 75 funerals and the arranging of at least 25 funerals (whether preneed or
at need) during the practical training period which shall not exceed three years pursuant to
N.J.A.C. 13:36-2.12.
13:36-2.4 INTERN IDENTIFICATION CARD
During the course of his or her training, every intern shall at all times carry on his or her
person the intern identification card issued by the Board.
13:36-2.5 REPORTING EMBALMINGS, FUNERAL ATTENDANCE AND FUNERAL
ARRANGEMENTS; FORM
a) The Board shall furnish monthly report forms to the intern for reporting embalmings, funerals
attended and funerals arranged, which shall be signed by the intern and preceptor and dated
and filed with the Board no later than the 15th day of each month of the training period. The
intern shall complete such monthly reports setting forth all information required therein and
shall file the forms with the Board. Such reporting shall continue until the intern becomes
licensed.
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b) No internship credit shall be granted for embalmings performed, funerals attended, and
funerals arranged during the month when a report is received after the prescribed monthly
filing date except upon presentation of proof that good cause exists for failing to timely file
the report.
13:36-2.6 CREDIT FOR EMBALMING BODY
No more than one intern shall receive credit for the embalming of any one body.
13:36-2.7 PRECEPTOR REQUIREMENTS
a) No practitioner of mortuary science shall engage an intern unless the practitioner:
1)
Prior to such engagement, holds an active New Jersey license for at least two years;
2)
Has a case volume during the previous calendar year of a minimum of 25 cases, which
shall not include stillbirths; and
3)
Within five years of the engagement, has not been convicted of a crime or offense
relating adversely to the practice of mortuary science consistent with N.J.S.A. 45:1-21(f),
or a crime of moral turpitude and has not been the subject of disciplinary action taken by
a professional board resulting in the suspension, revocation, or surrender of a license or
the placement of significant limitations on such license.
i) A practitioner who does not satisfy the requirements of (a)3 above shall obtain
approval of the Board to serve as a preceptor.
13:36-2.8 ABSENCE FROM TRAINING
If for any reason it becomes necessary for an intern to absent himself or herself during his or
her internship for a period longer than 30 days, the intern shall submit to the Board in letter form
the reason for his or her absence and the length of time he or she intends to be away. Such
written notification shall be provided to the Board within five days of the absence.
13:36-2.9 TERMINATION OR COMPLETION OF TRAINING
Upon termination or completion of any internship, the preceptor shall immediately request of
the Board a notice of termination form which shall be completed by the preceptor and the intern
and filed with the Board within five days of its receipt.
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13:36-2.10 RETURN OF INTERN IDENTIFICATION CARD
Upon completion or termination of an internship for any reason, the intern shall return his or
her intern identification card immediately to the Board.
13:36-2.11 AFFIDAVIT RECOMMENDATION FORM
a) Upon termination or completion of an internship, or change in registered mortuaries by an
intern, an affidavit recommendation form shall be filed with the Board within five days of such
action. Any preceptor who refuses to certify any intern for the internship served under his or
her supervision shall furnish the Board with a statement under oath setting forth the reasons
for such refusal. If not satisfied with such statement, the Board may take such action as it
may deem proper.
b) In the event a preceptor is not available when the affidavit is to be executed, the Board may
in its discretion, upon proper proof of satisfactory internship, select someone to sign the
affidavit.
13:36-2.12 EXTENSION OF INTERNSHIP
No intern shall be permitted to continue his or her period of practical training as an intern for
more than three years without prior Board approval, which shall only be granted for reasons of
hardship, such as illness, disability, active service in the military or other good cause
demonstrated by the intern.
13:36-2.13 SCOPE OF PRACTICE: INTERNS
a) In accordance with N.J.S.A. 45:7-47, an intern registered with the Board acting under the
direct supervision of a preceptor may:
1)
Participate in any capacity in the actual funeral arrangements, preservation, or disposal
of dead human bodies;
2)
Participate in any capacity in the actual preparation of dead human bodies;
3)
Be permitted to be present in the embalming, operating, or preparation room while a
dead human body is being embalmed, washed, or otherwise prepared for burial or other
disposition;
4)
Participate in embalming as provided at N.J.A.C. 13:36-6.7;
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5)
Make funeral arrangements on behalf of any licensed practitioner of mortuary science,
provided the preceptor contemporaneously reviews and executes the SFGSS prior to the
consumer executing such arrangements; and
6)
Quote prices to a consumer in connection with any funeral services and/or goods when
funeral arrangements are being made, consistent with the requirements of N.J.A.C.
13:36-9.
13:36-2.14 PRECEPTORS' RESPONSIBILITY FOR TRAINING
a) The preceptor shall ensure that interns are thoroughly trained in the theory and practice of
mortuary science, and the laws, rules and regulations pertaining thereto, and are proficient in
the following areas:
1)
Removal of remains, embalming, restorative art, dressing and casketing remains;
2)
Making funeral arrangements with families, which includes attending funeral arrangement
conferences, selling of merchandise, taking statistical information from families, filing
death certificates, preparing obituary notices and placing such notices with newspapers,
and attending viewings;
3)
Ordering and pricing funeral merchandise, including facilitating the arrangement of
flowers, arranging for and coordinating a schedule for the clergy, celebrant, church,
synagogue, mosque, crematory, or cemetery, livery, pallbearers, visitation of various
organizations, transportation by common carrier, and delivery of outer enclosures to the
cemetery; and
4)
Performing such other incidental duties related to the practice of mortuary science and
the maintenance of the funeral establishment.
13:36-2.15 FAILURE TO FILE REPORTS
Failure on the part of a preceptor to file any reports required by this subchapter shall be
deemed professional misconduct and shall subject the licensee to the penalties set forth at
N.J.S.A. 45:1-25.
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SUBCHAPTER 3.
EXAMINATIONS AND CANDIDATE QUALIFICATIONS
13:36-3.1 QUALIFICATIONS FOR LICENSURE
a) In order to be eligible for licensure, a candidate first shall submit to the Board the following:
1)
A completed application form which shall contain the name and address of the candidate
and the name and address of the candidate's employer;
2)
An official transcript or diploma which shows that before entering a school of mortuary
science, the candidate completed a four-year course of study in an approved public or
private high school or the equivalent thereof;
3)
Evidence that the candidate has completed a minimum of two years of academic
instruction in a college or university approved by the Commission on Higher Education
and one year of academic instruction in a school of mortuary science approved by the
American Board of Funeral Service Education or has completed a minimum of three
years of academic instruction in a college or university approved by the Commission on
Higher Education and one year of academic instruction in a school of mortuary science
approved by the American Board of Funeral Service Education;
4)
A certificate from a preceptor in this State, which shows that the candidate has served a
one-year or two-year period of practical training as an intern under the preceptor,
pursuant to the provisions of N.J.S.A. 45:7-49(a)(2) and the requirements of N.J.A.C.
13:36-2;
5)
Evidence of having achieved a passing score on the National Board Examination;
6)
Evidence of having achieved a passing score on the Board’s Mortuary Jurisprudence
examination pursuant to N.J.A.C. 13:36-3.2;
7)
Evidence of having achieved a passing score on the practical examination administered
by the Board pursuant to N.J.A.C. 13:36-3.7; and
8)
An application fee pursuant to N.J.A.C. 13:36-1.6.
13:36-3.2 APPLICATION FOR MORTUARY JURISPRUDENCE EXAMINATION
a) Upon request, an application for the Mortuary Jurisprudence examination shall be forwarded
to a candidate who has completed a minimum of two years of academic instruction in a
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college or university approved by the Commission on Higher Education and one year of
academic instruction in a school of mortuary science approved by the American Board of
Funeral Service Education or who has completed a minimum of three years of academic
instruction in a college or university approved by the Commission on Higher Education and
one year of academic instruction in a school of mortuary science approved by the American
Board of Funeral Service Education. The form shall be signed by the candidate and certified,
unless notified otherwise. All applications shall be filed with the Board on or before the first
day of the month in which the examination is to be held.
b) The statements contained in the application for the Mortuary Jurisprudence examination
shall be complete and accurate before the application is processed or accepted by the
Board.
c) A candidate who fails to appear, without good cause, shall forfeit the Mortuary Jurisprudence
examination fee.
d) An out-of-State resident may make application for the Board’s Mortuary Jurisprudence
examination, provided the applicant meets all admission requirements.
e) The Board’s Mortuary Jurisprudence examination may include all State laws and rules
relevant to the practice of mortuary science, as well as pertinent Federal laws and
regulations.
13:36-3.3 (RESERVED)
13:36-3.4 (RESERVED)
13:36-3.5 PASSING GRADES
To successfully fulfill the examination requirement of N.J.S.A. 45:7-49, a candidate shall
achieve a scaled score of not less than 75 on each of the two parts of the National Board
Examination and achieve a scaled score of not less than 70 on the Board’s Mortuary
Jurisprudence examination.
13:36-3.6 EXAMINATION REVIEW PROCEDURE
a) An unsuccessful candidate may apply to the Board for a review of his or her Mortuary
Jurisprudence examination papers. Such application shall be submitted to the Executive
Director in writing within 10 calendar days following notification of Mortuary Jurisprudence
examination results. The Executive Director shall, upon receipt of the candidate's application
within the allotted time, arrange a date for the candidate to compare his or her examination
sheet with the key answer sheet to ascertain mechanical grading errors, if any.
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b) Such review will take place in the Board office with an observer. The candidate will receive a
copy of his or her answer sheet, a copy of the key answer sheet and one blank paper on
which to take notes. These documents cannot be removed from the Board office.
13:36-3.7 PRACTICAL EXAMINATION REQUIREMENTS
a) No candidate shall be given the practical examination until after he or she has successfully
completed the written examinations prescribed under N.J.S.A. 45:7-49. The practical
examination shall be taken no sooner than 90 days before, or no later than 90 days after,
completion of the prescribed period of internship.
b) A candidate wishing to take the practical examination more than 90 days after the
completion of the internship period at the same funeral establishment where the candidate
completed his or her internship shall apply to the Board for an extension of the internship
prior to taking the practical examination.
c) A candidate wishing to take the practical examination more than 90 days after the
completion of the internship period at a funeral establishment other than the one where the
candidate completed his or her internship shall re-register as an intern and shall pay the
intern registration fee set forth at N.J.A.C. 13:36-1.6.
d) Such practical examination shall be held at a place determined by the Board and the
examination shall be conducted by one or more Board members. A candidate who has failed
the practical examination shall wait 30 days before being scheduled for re-examination.
13:36-3.8 EXPIRATION OF MORTUARY JURISPRUDENCE AND PRACTICAL
EXAMINATION RESULTS
Results from the Mortuary Jurisprudence examination, required pursuant to N.J.A.C. 13:36-
3.1(a)6, and the practical examination, required pursuant to N.J.A.C. 13:36-3.1(a)7, shall be
valid for three years from the date of successful completion of the respective examinations. A
candidate who does not obtain a license to engage in the practice of mortuary science within
three years of passing the respective examinations shall retake and pass the examination for
which the results have expired in order to be eligible for licensure pursuant to N.J.A.C. 13:36-
3.1.
13:36-3.9 FAILURE TO COMPLETE APPLICATION PROCESS
If a candidate for licensure fails to complete the application process within 18 months of the
date of initial application, the Board shall administratively close the application. Following such
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action, an applicant making reapplication to the Board shall resubmit all required documentation
and the applicable application fee set forth at N.J.A.C. 13:36-1.6.
13:36-3.10 CREDIT TOWARDS LICENSURE FOR EDUCATION, TRAINING, AND
EXPERIENCE RECEIVED WHILE SERVING AS A MEMBER OF THE ARMED
FORCES
a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and
who does not meet all of the training, education, and experience requirements for licensure
under N.J.A.C. 13:36-3.1 may apply to the Board for recognition of the applicant’s training,
education, or experience received while serving as a member of the Armed Forces, which the
Board shall consider, together with any training, education, and/or experience obtained outside
of the Armed Forces, for determining substantial equivalence to the training, education, and
experience required for licensure.
b) The Board shall issue a license to the applicant, if the applicant presents evidence to the
Board that:
1) The applicant has been honorably discharged from active military service;
2) The relevant training, experience, and/or education the applicant received in the military,
together with any training, education, and/or experience obtained outside of the Armed Forces,
is substantially equivalent in scope and character to the training, experience, and education
required for licensure under N.J.A.C. 13:36-3.1.
i) An applicant seeking credit for military training, and/or experience shall submit to the
Board the applicant’s Verification of Military Experience and Training (VMET) Document, DD
Form 2586.
ii) An applicant seeking credit for education courses and/or training completed while in
the military that are not taken at a college or university approved by the Commission on Higher
Education shall submit to the Board a Joint Services Transcript of his or her education courses
and/or training for a determination that the education courses and/or training completed are
substantially equivalent in level, scope, and intent to those courses and/or training in a school
approved by the Commission on Higher Education as required for licensure under N.J.A.C.
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13:36-3.1. For the purpose of determining substantial equivalence of the applicant’s military
education courses and/or training, the Board shall consider only those courses and/or training
relevant to the practice of mortuary science that have been evaluated by the American Council
on Education for substantial equivalence to civilian postsecondary curricula.
iii) An applicant seeking credit for education courses and/or training completed while in
the military that are not part of a school of mortuary science approved by the American Board of
Funeral Service Education shall submit to the Board a Joint Services Transcript of his or her
education courses and/or training for a determination that the education courses and/or training
completed are substantially equivalent in level, scope, and intent to those in a school of
mortuary science approved by the American Board of Funeral Service Education as required for
licensure under N.J.A.C. 13:36-3.1. For the purpose of determining substantial equivalence of
the applicant’s military education courses and/or training, the Board shall consider only those
education courses and/or training relevant to the practice of mortuary science that have been
evaluated by the American Council on Education for substantial equivalence to civilian
postsecondary curricula; and
3) The applicant complies with all other requirements for licensure, including successful
completion of the National Board Examination, the Mortuary Jurisprudence examination, and the
practical examination as set forth in N.J.A.C. 13:36-3.1.
c) It is the applicant’s responsibility to provide timely and complete evidence of the education,
training, and experience gained in the military for review and consideration.
d) If the applicant’s military training, education, and experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure, the Board shall credit
whatever portion of the military training, education, and experience that is substantially
equivalent towards meeting the requirements under N.J.A.C. 13:36-3.1 for the issuance of the
license.
e) Satisfactory evidence of such education, training, and experience shall be assessed on a
case-by-case basis.
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SUBCHAPTER 4.
LICENSE AND REGISTRATION GENERALLY
13:36-4.1 LICENSE RENEWAL
a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the
expiration of the license. The notice of renewal shall explain inactive renewal and advise the
licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to
the expiration date, no monetary penalties or fines shall apply to the licensee for failure to
renew provided that the license is renewed within 60 days from the date the notice is sent or
within 30 days following the date of license expiration, whichever is later.
b) A licensee shall renew his or her license for a period of two years from the last expiration
date. The licensee shall submit a renewal application to the Board, along with the renewal
fee set forth in N.J.A.C. 13:36-1.6, prior to the date of license expiration.
c) A licensee may renew his or her license by choosing inactive status. A licensee electing to
renew his or her license as inactive shall not engage in the practice of mortuary science, or
hold her- or himself out as eligible to engage in the practice of mortuary science in New
Jersey, until such time as the license is returned to active status.
d) If a licensee does not renew the license prior to its expiration date, the licensee may renew
the license within 30 days of its expiration by submitting a renewal application, a renewal
fee, and a late fee as set forth in N.J.A.C. 13:36-1.6. During this 30-day period, the license
shall be valid and the licensee shall not be deemed practicing without a license.
e) A licensee who fails to submit a renewal application within 30 days of license expiration shall
have his or her license suspended without a hearing.
f) A licensee who continues to engage in the practice of mortuary science with a suspended
license shall be deemed to be engaging in the unauthorized practice of mortuary science and
shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of
suspension has been provided to the individual.
13:36-4.1A LICENSE REACTIVATION
a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:36-4.1(c) may apply to the
Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive
license shall submit:
1)
A renewal application;
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2)
A certification of employment listing each job held during the period the license was
inactive, which includes the name, address, and telephone number of each employer;
3)
The renewal fee for the biennial period for which reactivation is sought as set forth in
N.J.A.C. 13:36-1.6.
i) If the renewal application is sent during the first year of the biennial period, the
applicant shall submit the renewal fee as set forth in N.J.A.C. 13:36-1.6.
ii) If the renewal application is sent during the second year of the biennial period, the
applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:36-1.6;
and
4)
Evidence of having completed all continuing education credits that were required to be
completed during the biennial period immediately prior to the renewal period for which
reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:36-10.3.
i) An applicant who holds a valid, current license in good standing issued by another
state to engage in the practice of mortuary science and submits proof of having
satisfied that state’s continuing education requirements for that license, shall be
deemed to have satisfied the requirements of (a)4 above. If the other state does not
have any continuing education requirements, the requirements of (a)4 above apply.
b) If a Board review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reactivation, the Board may require the
applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Board prior to reactivation of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Board may require the applicant, as a condition of reactivation of licensure, to take and
successfully complete any education or training or to submit to any supervision, monitoring,
or limitations as the Board determines is necessary to assure that the applicant practices
with reasonable skill and safety. The Board, in its discretion, may restore the license subject
to the applicant’s completion of the training within a period of time prescribed by the Board
following the restoration of the license. In making its determination whether there are
practice deficiencies requiring remediation, the Board shall consider the following non-
exhaustive issues:
1)
Length of time license was inactive;
2)
Employment history;
3)
Professional history;
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4)
Disciplinary history and any action taken against the applicant’s license by any licensing
board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of mortuary science or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or any
other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of mortuary science or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or any
other jurisdiction.
13:36-4.1B LICENSE REINSTATEMENT
a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:36-4.1(e) may
apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:
1)
A reinstatement application;
2)
A certification of employment listing each job held during the period of suspended
license, which includes the name, address, and telephone number of each employer;
3)
The renewal fee set forth in N.J.A.C. 13:36-1.6 for the biennial period for which
reinstatement is sought;
4)
The past due renewal fee set forth in N.J.A.C. 13:36-1.6 for the biennial period
immediately preceding the renewal period for which reinstatement is sought;
5)
The reinstatement fee set forth in N.J.A.C. 13:36-1.6; and
6)
Evidence of having completed all continuing education credits that were required to be
completed during the biennial period immediately prior to the renewal period for which
reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:36-
10.3.
i) An applicant who holds a valid, current license in good standing issued by another
state to engage in the practice of mortuary science and submits proof of having
satisfied that state’s continuing education requirements for that license, shall be
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deemed to have satisfied the requirements of (a)6 above. If the other state does
not have any continuing education requirements, the requirements of (a)6 above
apply.
b) If a Board review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reinstatement, the Board may require the
applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Board prior to reinstatement of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Board may require the applicant, as a condition of reinstatement of licensure, to take and
successfully complete any education or training or to submit to any supervision, monitoring,
or limitations as the Board determines is necessary to assure that the applicant practices
with reasonable skill and safety. The Board, in its discretion, may restore the license subject
to the applicant’s completion of the training within a period of time prescribed by the Board
following the restoration of the license. In making its determination whether there are
practice deficiencies requiring remediation, the Board shall consider the following non-
exhaustive issues:
1)
Length of time license was suspended;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license by any licensing
board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of mortuary science or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or any
other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of mortuary science or other professional or
occupational practice in New Jersey, any other state, the District of Columbia, or any
other jurisdiction.
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13:36-4.2 NOTICE OF ADDRESS CHANGE; SERVICE OF PROCESS
a) Every licensee shall give notice in writing to the Board of any change of his or her address of
record within 10 days after such change of address. For purposes of this section, "address of
record" means an address designated by a licensee which is part of the public record and
which may be disclosed upon request. "Address of record" may be a licensee's home,
business or mailing address, but shall not be a post office box unless the licensee also
provides another address which includes a street, city, state and zip code.
b) Failure to notify the Board of any change in a licensee's address of record pursuant to (a)
above may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h) and the
imposition of penalties set forth in N.J.S.A. 45:1-25.
c) Service of any administrative complaint or other Board-initiated process at a licensee's
address of record shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and
the commencement of any disciplinary proceedings.
13:36-4.3 LEGAL NAME CHANGE
a) If a licensee changes his or her name, the change shall only be recorded by the Board upon
receipt of legal documentation to substantiate the name change.
b) If it is necessary to issue a duplicate license certificate, the original certificate shall be
returned for cancellation, if possible.
13:36-4.4 NEW INSTALLATIONS
a) Except as provided in N.J.A.C. 13:36-4.13, any person, corporation, partnership, limited
liability partnership, limited liability company or other business entity desiring to operate,
maintain, or use a mortuary shall first apply to the Board and remit payment of the fee
provided in N.J.A.C. 13:36-1.6 for a new installation inspection and an application for
certificate of registration.
b) A new installation inspection of the premises shall be made by the inspector before a
certificate of registration is granted.
c) When the new installation inspection is made, temporary approval may be granted to operate
until a certificate of registration is received provided the mortuary satisfies all applicable
requirements set forth in this chapter and the provisions of the Mortuary Science Act,
N.J.S.A. 45:7-32 et seq.
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13:36-4.5 CHANGE OF OWNERSHIP
a) Whenever there are any changes whatsoever in ownership, including a change of
stockholders in an existing and continuing corporation, it shall be necessary for the new
ownership to notify the Board within five working days after the ownership changes or stock
transfer.
b) Upon request, any new owner shall provide the Board with records of prepaid funeral
agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16.
13:36-4.6 REGISTRATION OF MORTUARY
a) Applications for registration of a funeral establishment to be operated by a corporation, a
partnership, a limited liability partnership, a limited liability company or other business entity
shall be accompanied by the fee provided in N.J.A.C. 13:36-1.6 and by:
1)
A copy of the certificate of incorporation or certificate or agreement of formation certified
by the Secretary of State;
2)
The name, residence addresses and residence telephone numbers of the following:
i) The officers of the corporation;
ii) The general partner(s) of a partnership or limited partnership (and, if a general
partner is a corporation, limited liability partnership, limited liability company, or other
business entity, the officers of the corporation or the members of the limited liability
partnership, limited liability company, or other business entity); and/or
iii) The managing or operating members of a limited liability company (and, if a member
of a limited liability company is a corporation, the officers of the corporation);
3)
A copy of the corporate resolution (certified by the secretary of the corporation and
impressed with the corporate seal), the partnership agreement, or limited liability
partnership or limited liability company operating agreement (certified by the general
partner of the limited liability partnership or the managing or operating member of the
limited liability company) designating the licensed practitioner of mortuary science;
4)
In the case of corporations, an original certificate of good standing from the State of New
Jersey;
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5)
In the case of partnerships, an application for registration signed by all partners, a
certified copy of the partnership agreement, and the certificate of assumed name, if any,
filed in the office of the county clerk; and
6)
A letter forwarded to the Board by the funeral establishment manager indicating that he
or she accepts the position.
b) Any limited partnership seeking a certificate of registration shall conform to the requirements
of the Limited Partnership Associations Act, set forth at N.J.S.A. 42:3-1 et seq.
13:36-4.6A CERTIFICATE OF REGISTRATION RENEWAL; REINSTATEMENT
a) An owner shall renew his or her certificate of registration for a period of two years from the
last expiration date. The owner shall remit a renewal application to the Board, along with the
renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of expiration. An owner who
submits a renewal application within 30 days following the date of expiration shall submit the
renewal fee, as well as the late fee set forth in N.J.A.C. 13:36-1.6. An owner who fails to
submit a renewal application within 30 days of expiration shall have his or her certificate of
registration suspended without a hearing.
b) An owner who continues to engage in the practice of mortuary science or continues to offer
mortuary services with a suspended certificate of registration shall be deemed to be
engaging in the unauthorized practice of mortuary science and shall be subject to the
penalties set forth in N.J.S.A. 45:1-25 et seq.
c) The Board shall send a notice of renewal to the owner at least 60 days prior to the expiration
of the certificate of registration. If the notice to renew is not sent 60 days prior to the
expiration date, no monetary penalties or fines shall apply to the owner for failure to renew
provided that the certificate of registration is renewed within 60 days from the date the notice
is sent or within 30 days following the date of registration expiration, whichever is later.
d) An owner seeking reinstatement following the suspension of a certificate of registration
pursuant to (a) above shall:
1)
Submit a completed application and the application fee set forth in N.J.A.C. 13:36-1.6;
2)
Submit payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6;
3)
Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; and
4)
Submit payment of any outstanding penalties and evidence of satisfaction of other
requirements imposed by an order of the Board.
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13:36-4.7 CORPORATE CHARTER, PARTNERSHIP AGREEMENT, OPERATING
AGREEMENT
e) All corporate charters, partnership agreements or operating agreements submitted to the
Board shall contain a provision stating that the practice of mortuary science, funeral directing
and embalming shall be performed only by persons duly licensed by the State Board of
Mortuary Science to do so.
f) The following clause is an illustration of what the State Board of Mortuary Science shall
accept as compliance with the Section.
To own, maintain, conduct, carry on and operate one or more funeral homes
in the State of New Jersey, and for that purpose to hire, employ and engage the
services of one or more embalmers and/or funeral directors duly licensed as such
by the State of New Jersey, and to employ such other person or persons which
the directors shall deem necessary to carry on and conduct such practice.
Subject to the rules and regulations heretofore made or promulgated by the
State Board of Mortuary Science, and the said rules and regulations to be
hereafter made or promulgated and other applicable laws of the State of New
Jersey, to engage in the business and/or profession of mortuary science,
embalming and funeral directing.
13:36-4.8 FULL-TIME LICENSED MANAGER; TERMINATION; RESIGNATION;
DEATH; LICENSEE IN CHARGE
a) Every establishment authorized to carry on the practice of mortuary science shall be under
the direct supervision of a full-time licensed manager.
b) The manager shall be responsible for the direction, management and control of all work
emanating from the establishment.
c) Whenever the manager is terminated, resigns, or dies, the owner of the registered mortuary
shall retain the services of a licensed practitioner of mortuary science who shall be
responsible for directing, managing, and controlling all work performed by the establishment
until such time as the manager is permanently replaced by another manager. That licensee
shall be known as the licensee in charge. The owner of the mortuary shall notify the Board,
in writing, within five business days of the termination, resignation, or death, of the name and
license number of the licensee in charge.
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d) Whenever the manager is terminated, resigns, or dies, the owner and, as applicable, the
manager or licensee in charge shall provide the new manager with the records of prepaid
funeral agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16 no later than
10 days prior to such change, or as soon thereafter as mutually agreed upon by the parties.
The owner and, as applicable, the manager or the licensee in charge shall notify the Board
of compliance with this subsection at the same time that he or she files the notice of change
in manager with the Board.
e) Except as set forth in (f) below, the licensee in charge shall, within 30 days of the previous
manager's termination, resignation, or death, give notice to the Board of the name of the
newly designated manager and, at that time, the newly designated manager shall submit to
the Board the following:
1)
A letter indicating such acceptance;
2)
An application to become a manager; and
3)
The fee prescribed for the application.
f) The licensee in charge may, within 30 days of previous manager's termination, resignation,
or death, submit to the Board documented evidence of hardship or extenuating
circumstance. The Board, if it deems such evidence acceptable, may grant the registered
mortuary an extension of time up to, but not exceeding, six months after the termination,
resignation, or death of the former manager in which to secure the services of a new
manager.
13:36-4.9 PARTICIPATION OF UNLICENSED PERSONS
a) No unlicensed person shall actively participate in any capacity in the actual funeral
arrangements, preservation or disposal of dead human bodies, except that interns may
participate in such activities pursuant to the provisions of N.J.S.A. 45:7-47.
b) No unlicensed person shall actively participate in any capacity in the actual preparation of
dead human bodies except for the following:
1)
Interns;
2)
Persons who perform religious and/or ritual preparations; and
3)
Unlicensed persons who perform tasks on behalf of the registered mortuary for which a
license is not required.
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c) A registered mortuary shall retain professional responsibility for all activities conducted by
any unlicensed person participating in the preparation of dead human bodies pursuant to (b)
above, and shall ensure that such persons utilize universal precautions as set forth in
N.J.A.C. 13:36-6.4 and comply with all applicable Board rules.
d) The use by an unlicensed person of the words "mortician," "funeral director," "undertaker," or
any other words or title of the like import or significance, including, but not limited to,
"consultant," "counselor" or "provider" in connection with the offering of any funeral services
or merchandise, shall constitute unlicensed practice pursuant to N.J.S.A. 45:7-47.
13:36-4.10 (RESERVED)
13:36-4.11 TRADE NAMES
a) An application for registration of a funeral establishment operated under a trade name or
other assumed name must be accompanied by a certified copy of the trade name certificate
as filed in the county clerk's office.
b) Application for registration of a funeral establishment must be accompanied by an affidavit
by the applicant setting forth the true full names, residences and residence telephone
numbers of any and all persons having a proprietary or financial interest in the business.
c) The firm operating under a trade name shall forward to the Board the name of the full-time
manager in charge. The manager shall also forward to the Board an affidavit stating he or
she accepts said position.
d) Whenever an individual licensed owner conducts a funeral establishment under his or her
own surname, then such use of the surname shall not be considered a trade name.
13:36-4.12 DEATH OF SOLE PROPRIETOR
a) The practice of a mortuary establishment shall cease and the certificate of registration shall
become void upon the death of a sole proprietor and shall not be renewed unless the
executor or administrator of the estate or the deceased owner's heir or heirs informs the
Board within 30 days of the death of the owner of their intention to continue the mortuary
practice and to apply for a new certificate of registration. Such notice shall be in writing and
conform with the following requirements:
1)
It shall state the practice shall be under the direct supervision of a licensed practitioner of
mortuary science who shall serve as the manager or the licensee in charge as provided
in N.J.A.C. 13:36-4.8(c), whichever is applicable, and shall contain the name of the
licensee selected.
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2)
The firm may operate under the supervision of a licensee in charge for a period not
longer than 60 days to secure the services of a full-time licensed manager; provided,
however, upon making a further request, the Board may grant an extension of time
during which the licensee in charge may serve.
3)
The manager shall simultaneously submit to the Board an affidavit stating his or her
willingness to act in such capacity.
4)
When the firm is to be operated under an estate, a trade name certificate certified by the
county clerk shall be submitted with the notice. This rule shall not apply to corporate
firms.
b) Within 10 days of the owner’s death, the executor or administrator of the estate shall furnish
to the Board a copy of the preneed ledger maintained pursuant to N.J.A.C. 13:36-11.16.
13:36-4.13 USE OF A REGISTERED MORTUARY OWNED BY ANOTHER
a) A person who owns a New Jersey registered mortuary may use another New Jersey
registered mortuary without obtaining a certificate of registration or complying with new
funeral home installation requirements up to three times per calendar year. The owner of a
New Jersey registered mortuary may permit the owner of another New Jersey registered
mortuary to use his or her mortuary up to three times per calendar year. The Board may
waive these three times per calendar year limitations upon receipt of an application showing
good cause for the waiver.
b) All parties involved in such a special use agreement shall immediately forward written notice
to the Board before each use of the establishment. This notice shall include the following
information:
1)
Title and address of the firm being used and the name of the manager;
2)
The name and address of the firm using the establishment and the name of the licensee
in charge;
3)
Name of decedent; and
4)
The exact date(s) the establishment is to be used.
c) The name of the establishment using the facility is not to be inserted in obituary and death
notices unless the name of the firm registered at that location is also inserted.
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13:36-4.14 (RESERVED)
13:36-4.15 LICENSURE BY CREDENTIALS
a) The Board shall issue a license to engage in the practice of mortuary science to any person
who holds a valid license or certification to practice mortuary science issued by another state
or possession of the United States, or the District of Columbia, provided that the applicant
has met education and experience requirements substantially equivalent to the requirements
set forth at N.J.A.C. 13:36-3.1, has satisfied the requirement of (c) below, and submits the
following:
1)
A completed application documenting and certifying the applicant's education and
experience;
2)
The fee set forth at N.J.A.C. 13:36-1.6(a)1;
3)
A certification verifying that the applicant has been actively engaged in the practice of
mortuary science for at least two years immediately preceding the submission of the
application;
4)
A certification from the licensing authority in each jurisdiction in which the applicant has
been licensed or certified verifying the applicant's licensure status; and
5)
A certification from the licensing authority in each jurisdiction in which the applicant has
been licensed or certified documenting any final or pending public disciplinary action
taken against the applicant.
b) In the event that an applicant for licensure under (a) above has met education requirements
which are substantially equivalent to the requirements set forth in N.J.A.C. 13:36-3.1, but
has not attained the practical training and experience requirements which are substantially
equivalent to the requirements set forth at N.J.A.C. 13:36-3.1, the Board shall issue a license
to engage in the practice of mortuary science provided the applicant submits the items listed
in (a)1, 2, 4 and 5 above, submits a certification verifying that the applicant has been actively
engaged in the practice of mortuary science for at least five years immediately preceding the
submission of the application, and has satisfied the requirement of (c) below.
c) An applicant applying for licensure pursuant to (a) or (b) above shall pass the Mortuary
Jurisprudence examination administered by the Board pursuant to N.J.A.C. 13:36-3.2, upon
notification from the Board that the applicant is eligible to sit for the examination and upon
payment of the fee set forth in N.J.A.C. 13:36-1.6(a)4.
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d) Notwithstanding (a), (b) and (c) above, the Board may deny an application for licensure by
credentials for any of the reasons set forth in N.J.S.A. 45:1-21.
13:36-4.16 RESPONSIBILITIES OF LICENSEE AND OWNER
a) All licensees and owners shall be responsible for compliance with all laws and regulations
governing the practice of mortuary science in the State.
b) Violations of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq. or the rules of this chapter
by a licensee or owner may subject the licensee or owner to disciplinary action.
13:36-4.17 NOTIFICATION: CONVICTIONS OR ARRESTS
a) Any licensee of the State Board of Mortuary Science, upon conviction of any crime, shall
notify the Board of such conviction in writing within 30 days.
b) Any licensee of the State Board of Mortuary Science shall notify the Board within 30 days of
any arrest, summons, indictment, admission into pre-trial intervention (PTI), or plea of guilty
to any violation of law, ordinance, felony, misdemeanor, or disorderly persons offense, in
New Jersey, any other state, the District of Columbia, or any other jurisdiction. This
notification requirement shall not apply to parking or speeding violations, but does apply to
motor vehicle violations, such as driving while impaired or intoxicated.
SUBCHAPTER 5.
MORTUARIES
13:36-5.1 DISCLOSURE OF MANAGER NAME; POSTING OF MANAGER LICENSE
c) The name of the manager shall be conspicuously displayed with the title "manager" on a sign
at or about the main entrance of the funeral establishment or on the firm sign, provided,
however, that at the option of the firm, the term "senior director" or "executive director" may
be substituted for "manager." The firm shall utilize one term only to refer to the manager and
such designated term shall be used consistently on all firm communications consistent with
the requirements of (b) below. The sign shall contain legible letters that are no less than 1
1/2 inches in height.
d) The name and license number of the manager shall appear with the designated title
"manager," "senior director" or "executive director" on all stationery, billheads, advertising,
price lists and in all other instances where the firm name is used, consistent with the
requirements of N.J.A.C. 13:36-5.12.
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e) The license of the manager shall be conspicuously displayed in the registered mortuary as
required pursuant to N.J.S.A. 45:7-61. If a licensee is retained as the manager of more than
one registered mortuary, the licensee shall obtain a duplicate license for posting in such
other establishments from the Board upon payment of the duplicate license fee provided in
N.J.A.C. 13:36-1.6. The requirement to obtain a duplicate license shall not apply in the case
of a licensee employed by multiple funeral establishments operating in the same location
pursuant to N.J.A.C. 13:36-5.9.
f) The designation of a licensee by a registered mortuary as the firm's "manager," "senior
director" or "executive director," as provided in (a) above, shall preclude the use of any of
those terms by any other licensee employed by the registered mortuary.
13:36-5.2 APPLICATION APPROVED FOR SPECIFIC LOCATIONS; SEPARATE
FACILITIES CONSTRUED
a) An application for registration of a funeral establishment shall be approved for a specified
address and location only.
b) In the event that the applicant maintains a chapel, preparation room or other funeral service
facility in a building or portion thereof physically separated from, and located at a location
designated by an address differing from the office and/or chapel or other facilities of the
applicant, such chapel, preparation room or other funeral facility shall be deemed a separate
funeral establishment or funeral establishments, for which a separate application for
registration shall be made.
c) Nothing contained in this Section shall be construed or interpreted to require a separate
registration for such a building, if the building or part thereof is joined or connected by any
private passage, walk or driveway existing between the registered establishment and such
other building.
13:36-5.3 TRANSFERABILITY OF REGISTRATION CERTIFICATES; NEW LOCATION
a) A certificate of registration is not transferable. When a registered mortuary is discontinued at
the registered address, the certificate shall be immediately returned to the Board office for
cancellation.
b) Whenever a registered mortuary is to be moved to a new location, the owner shall apply for
a new certificate of registration and notify the Board, in writing, at least 15 business days in
advance of the proposed date of opening at the new location. The new certificate of
registration shall not be issued until all applicable requirements in this chapter and all
relevant statutes, regulations and ordinances are satisfied. The registered mortuary shall not
begin operation at the new location until approval is granted by the Board.
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13:36-5.4 PHYSICAL STRUCTURE OF MORTUARY; SEPARATION FROM LIVING
QUARTERS
a) All registered mortuaries shall have at least one viewing room, equipment, facilities and
private lavatories suitable to serve the general public.
b) All registered mortuaries shall be maintained on floor levels which are separate and distinct
from living quarters, kitchens or other rooms that are ordinarily a part of the domestic
household unit. If the registered mortuary maintains a break room, the room shall be
separate and distinct from the preparation room and shall be inaccessible to the public.
c) In the case of ranch type funeral establishments or other cases in which the architectural
structure makes it impossible to have suitable parlors and facilities on a different floor level,
the owner shall prove to the Board's satisfaction the existence of a proper division between
the mortuary section and the living quarters of the building.
d) All areas in a registered mortuary that are not used exclusively as living quarters may be
subject to Board inspection.
13:36-5.5 PREPARATION ROOM REQUIREMENTS
a) Every registered mortuary shall contain a preparation room on the premises which is suitably
located and private and shall comply with the following requirements:
1)
The walls shall extend from floor to ceiling. The ceiling and walls shall be covered with
tile, finished plaster, composition wall board or other composition material or combination
of these materials. With exception of tile, all of these materials shall be finished with
enamel, varnish or some other smooth-hard waterproof material.
2)
Outside ventilation shall be provided for by windows, transoms or air conditioning, and
every preparation room shall comply in respect to ventilation with State and local laws,
ordinances and regulations. A preparation room shall be ventilated so that no deleterious
odors shall be permitted to enter into any other part of the premises of the funeral
establishment or into any other adjoining premises or property.
3)
The floor shall be concrete or tile with glazed surface. Wood flooring may be used
provided it is covered with linoleum or other composition material that is impervious to
water.
4)
All preparation rooms shall contain only equipment necessary for the preparation or care
of dead human bodies for disposal or transportation, and shall not have an opening or
doorway into a lavatory which is designated to serve the general public.
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5)
All doors leading from the preparation room or embalming room shall have a smooth
surface or be covered with material impervious to dirt and liquids. All windows and
outside doors shall be screened.
13:36-5.6 EQUIPMENT REQUIREMENTS
a) Every funeral establishment in the State shall have in its preparation or embalming room and
shall be equipped with, at a minimum, the following:
1)
Leakproof trash can;
2)
Instrument cabinet;
3)
Disinfecting agents;
4)
Drainage or viscera bucket;
5)
Embalming table, porcelain or metal with a drainage opening in the lower end;
6)
Hydro-aspirator with approved vacuum breaker, electric aspirator, or other approved
aspirator;
7)
Waste sink with a minimum two inch drain;
8)
Wash basin with hot and cold running potable water;
9)
One leakproof container for storing dirty linens;
10)
For each licensee and trainee, protection, apparel and/or equipment as required by all
applicable standards of the Occupational Safety and Health Administration Agency
(OSHA) and N.J.A.C. 7.26-3A, the Department of Environmental Protection regulations
which implement the Comprehensive Regulated Medical Waste Management Act,
N.J.S.A. 13.1E-48.1 et seq.
11)
One container of hardening compound;
12)
One set metal or rubber drain tubes (large, medium, small);
13)
One set metal injection tubes (large, medium, small);
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14)
One aneurism needle or aneurism hook;
15)
One large trocar;
16)
One small trocar;
17)
One scalpel;
18)
One pair scissors;
19)
Two hemostats;
20)
Two forceps;
21)
One hypodermic syringe;
22)
Hypodermic needles (assorted);
23)
Suture needles;
24)
Suture thread;
25)
An electrically-powered embalming machine; and
26)
Clear, white, or flesh-colored adhesive tape.
b) All instruments and appliances used in embalming shall be thoroughly cleansed and
disinfected immediately after the conclusion of each individual case.
13:36-5.7 POTABLE WATER SUPPLY
a) All owners and managers shall ensure that the potable water supply is not open to the
danger of contamination from any source.
b) The requirement in (a) above may be satisfied by the installation of any approved hydro-
aspirator and such other devices as may be necessary to accomplish the purpose of this
rule.
c) Any infraction of this rule shall be reported immediately to the Board.
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13:36-5.8 (RESERVED)
13:36-5.9 MULTIPLE FUNERAL ESTABLISHMENTS IN SAME LOCATION
a) Any individual, partnership, limited liability partnership, corporation, limited liability company
or other business entity that applies to register any additional funeral establishments) in a
location already registered as a funeral establishment by the State of New Jersey shall
comply with the registration requirements set forth in N.J.A.C. 13:36-4 and all applicable
rules in this subchapter.
b) In the event a funeral establishment has the same or similar ownership of individuals,
partnerships, limited liability partnerships, corporations, limited liability companies, or other
business entities as the primary funeral establishment, prices quoted and charged to
consumers shall be the same for all funeral establishments in that location.
c) No more than three funeral establishments shall operate in one facility unless, upon
application, the Board in its discretion finds that permitting an additional establishment will
be in the best interest of consumers.
13:36-5.10 DISPLAY OF ESTABLISHMENT SIGN
Every funeral home, except a trade service, shall display the firm name as registered in the
certificate of registration on a sign located reasonably near the main entrance or clearly visible
from the street and the main entrance.
13:36-5.11 BURIAL PREPARATION PERFORMED IN SEPARATE ROOM
No embalming or other preparation for burial or disposition of a dead human body shall be
performed in any funeral establishment except in a room set aside exclusively and approved by
the Board for such purpose.
13:36-5.12 ADVERTISING
a) The following words and terms, when used in this section, shall have the following meanings
unless the context clearly indicates otherwise:
"Advertisement" means any attempt, direct or indirect, by publication, dissemination,
circulation or broadcast through the public media or social media to induce any person or
entity to purchase or enter into an agreement to accept mortuary or funeral services or
merchandise. "Advertisement" includes business cards when business cards are used as
copy in an advertisement or are published, disseminated, circulated or broadcast in the
public media as defined below, or social media.
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"Price reduction statement" means a statement, suggestion or implication, direct or
indirect, that a service or merchandise is being offered or made available for sale at a price
less than the advertiser's routine price. The following words, terms and phrases or their
substantial equivalent shall be deemed to indicate a price reduction statement: sale,
discount, savings, price cut, bargain, reduced, prices slashed, clearance, regularly, usually,
cut rate, originally, formerly, at cost, below cost, wholesale.
"Public media" means newspapers, magazines, periodicals, professional journals,
telephone directories, circulars, handbills, flyers, letters, billboards, aerial displays, signs,
television, radio, internet and any other similar item, document, publication or device used to
communicate to the general public or to a specific group. "Public media" does not include
manager signs which are subject to the requirements of N.J.A.C. 13:36-5.1 or establishment
signs which are subject to the requirements of N.J.A.C. 13:36-5.10.
"Testimonial" means a statement by a person referring to his or her family's personal
experience with a mortuary or licensee.
b) All stationery shall indicate the true firm name of the mortuary as registered with the Board,
the address and telephone number of the mortuary, and the name of the manager, and his or
her title and license number preceded by the phrase "N.J. Lic. No.__________."
c) Advertisements shall contain the true firm name, address, and telephone number of the
mortuary as registered with the Board. Advertisements shall also contain the name of the
manager and the license number of the practitioner preceded by the phrase "N.J. Lic.
No.__________."
d) An advertisement that makes reference to more than one registered mortuary shall comply
with (c) above regarding one mortuary provided that only the municipality where the
mortuary is located and the true firm name as it is registered with the Board is disclosed for
any additional mortuaries listed. If an advertisement for any additional mortuary discloses
any further information than the municipality where the mortuary is located and the true firm
name as it is registered with the Board, the advertisement shall satisfy the requirements of
(c) above.
e) Telephone book listings of two lines or less or small novelty items where the space of
advertising is limited shall disclose the municipality where the registered mortuary is located
and the true firm name as it is registered with the Board.
f) No licensee or owner of a mortuary shall cause to be published, disseminated, circulated or
broadcast any advertisement which is false, fraudulent, deceptive or misleading or which
misrepresents, suppresses, conceals, obscures or distorts any material fact.
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g) In addition, it shall be deceptive and misleading for any advertisement to contain the
following:
1)
The name of a person not licensed by the Board in connection with the name of a
mortuary in any manner whatsoever, unless the unlicensed person is clearly and
obviously identified in the advertisement as such by the use of the phrase "unlicensed
and not qualified to make funeral arrangements, embalm or conduct funerals." The
surname of an unlicensed person may appear in the title of a mortuary as registered with
the Board.
i) The disclosure required pursuant to (g)1 above shall not apply to an intern registered
with the Board who is acting under the supervision of a preceptor. If included in an
advertisement, the name of the intern, the title “Registered Intern,” and the
registration number of the intern preceded by the phrase “N.J. Intern Registration
No.______ shall be listed.”
2)
A price reduction statement where the advertisement or current price is in fact no less
than the price at which the service or merchandise was offered for sale by the advertiser
for a reasonable period of time at least 30 days prior to the advertisement. In the
absence of the disclosure of the period during which an advertised price reduction will
remain in effect, the period shall be deemed to be 30 days from the date of initial
publication.
3)
An offer of professional services or merchandise where such services or merchandise
are in fact not available from the mortuary or are beyond the ability of the licensee to
perform or supply.
4)
A license number which has not been issued to the alleged licensee, has lapsed or has
been revoked or currently suspended.
5)
The name, address and telephone number of a mortuary which does not exist, has not
been completely constructed or is not currently open for business.
6)
A claim of professional superiority or superior quality of services or merchandise, unless
such claim can be substantiated by the licensee upon demand by the Board.
7)
Intimidation, undue pressure or undue influence.
h) An advertisement may contain either a lay or expert testimonial, provided that such
testimonial is based upon personal knowledge or experience obtained from a provider
relationship with the licensee or direct personal knowledge of the subject matter of the
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testimonial. A lay person's testimonial shall not attest to any technical matter beyond the
testimonial giver's competence to comment upon. An expert testimonial shall be rendered
only by an individual possessing specialized expertise sufficient to allow the rendering of a
bona fide statement or opinion. An advertiser shall be able to substantiate any objective,
verifiable statement of fact appearing in a testimonial, and the failure to do so, if required by
the Board, may be deemed occupational misconduct.
1)
The name of a person not licensed by the Board when appearing in any testimonial for a
mortuary shall be accompanied by the following: "unlicensed and not qualified to make
funeral arrangements, embalm or conduct a funeral". The surname of an unlicensed
person may appear in the title of a mortuary as registered with the Board.
i) An advertisement which refers to or sets forth a price shall disclose all services or
merchandise which will be provided for that price. The name of the manufacturer and the
model number of any casket which will be included for that price also shall be disclosed in
the advertisement. Where a price is advertised, no additional charges shall be made for the
advertised service or disposition unless the advertisement includes a specific delineation of
additional services or merchandise which may be necessary.
j) The responsibility for the form and content of any advertisement shall be joint and several
among all licensees who are principals, partners, or officers of the mortuary identified in the
advertisement.
k) An advertisement may include the name of an inactive licensee as defined in N.J.A.C. 13:36-
4.14 provided that the inactive licensee is not held out as the manager, and provided the
inactive licensee does not use any title or designation that implies that he or she holds an
active license from the Board. Inactive licensees shall use titles or designations that contain
the word inactive.
l) A copy of each printed advertisement and a video or audio tape recording of each broadcast
advertisement shall be retained by the licensee for a period of three years from the date of
initial publication or dissemination. Each such copy or tape shall be made available for
review upon request by the Board.
13:36-5.13 (RESERVED)
13:36-5.14 DISCONTINUATION OF BUSINESS OR BANKRUPTCY
a) When a mortuary is permanently closed for business, the manager or owner shall
immediately:
1)
Surrender the mortuary's Certificate of Registration to the Board;
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2)
Remove all signs from the exterior of the closed mortuary;
3)
Discontinue all advertising and notify the Board as to the disposition of the mortuary's
telephone service;
4)
Furnish the Board with a copy of the preneed ledger required pursuant to N.J.A.C. 13:36-
11.16(a);
5)
Submit to the Board a copy of the notice sent to all preneed purchasers regarding the
discontinuation as required pursuant to N.J.A.C. 13:36-11.19, and proof of service of
such notice to consumers;
6)
Provide the Board with proof from the New Jersey Electronic Death Registration System
(EDRS) confirming that the mortuary’s account is closed; and
7)
Notify the Board of the location of the mortuary’s records and the contact information for
the person responsible for maintaining the records consistent with the requirements of
N.J.A.C. 13:36-1.8, 11.16, and 11.17.
b) When a mortuary files for any form of bankruptcy, the manager shall, within 10 days of such
filing, furnish the Board and the trustee in bankruptcy with a copy of the preneed ledger
required pursuant to N.J.A.C. 13:36-11.16(a), and upon request, with all other records
required pursuant to N.J.A.C. 13:36-11.16.
13:36-5.15 UNLICENSED PERSONS IN FUNERAL DIRECTING OR EMBALMING
PRACTICE
A licensed practitioner of mortuary science shall not permit any unlicensed person to engage
in or take charge of the activities for which a license to engage in the practice of mortuary
science is required by the provisions of the Mortuary Science Act, set forth at N.J.S.A. 45:7-32 et
seq.
13:36-5.16 NOTICE OF ABSENCE FROM PRACTICE
a) When the manager of an establishment is absent from practice for a period in excess of 30
days, the manager and the owner of the registered mortuary shall separately notify the
Board in writing within five days of such absence. The written notice shall also include the
name of the licensed employee who will be designated the licensee in charge, consistent
with the provisions of N.J.A.C. 13:36-4.8. In the case of a manager who is also the owner of
the registered mortuary, a single written notification shall be submitted to the Board that
clearly indicates that the individual holds both positions.
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b) The designated licensee in charge retained by the owner of the registered mortuary pursuant
to (a) above shall notify the Board in writing of his or her acceptance of the position within
five days of such action.
13:36-5.17 REMOVAL OF HUMAN REMAINS; AUTHORIZATION
a) No person shall remove human remains from any residence or institution without first
securing authorization consenting to the removal from the legal next of kin, consistent with
N.J.S.A. 45:27-22, or a person legally entitled to grant said authorization.
b) All removals of human remains shall be made pursuant to the direction of a registered
mortuary.
c) A registered mortuary shall ensure that all persons providing removal services utilize
universal precautions as set forth in N.J.A.C. 13:36-6.4 and comply with all applicable Board
rules.
13:36-5.18 DISPOSITION OF HUMAN REMAINS
a) Whenever human remains are entrusted to the care of a registered mortuary for disposition,
the registered mortuary shall retain professional responsibility for the remains from the point
of removal to the final place of disposition or upon transfer to another registered mortuary for
disposition.
b) Notwithstanding (a) above, a licensed practitioner of mortuary science shall be present at the
time of final disposition of human remains, consistent with N.J.A.C. 13:36-8.10, and shall
comply with the requirements of N.J.A.C. 8:9 and shall not remove any body part or dispose
of the remains in any manner, except as permitted by law and as authorized by the person
legally entitled to grant said authorization.
c) Viscera shall be treated in the same manner as the remains and shall be disposed of with
the remains.
13:36-5.19 USE OF REGISTERED MORTUARY IN ORGAN AND TISSUE RECOVERY
a) A registered mortuary shall not be used as a site for recovering organs and/or tissues from a
decedent.
b) A licensed funeral director who permits a registered mortuary to be used as a site for
recovering organs and/or tissues from a decedent shall be deemed to have engaged in
professional misconduct and shall be subject to disciplinary action pursuant to N.J.S.A. 45:1-
21 et seq.
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c) Nothing contained in this section shall preclude the use of a registered mortuary for the
purpose of conducting examinations to determine the cause and/or manner of death of a
decedent.
d) Nothing in this section shall preclude a licensed funeral director from providing a lock of the
decedent's hair to a member of the decedent's immediate family prior to the final disposition
of remains.
e) Nothing in this section shall preclude a licensed funeral director from collecting a DNA
sample via cheek swab, clipping of fingernails, and/or blood collection, provided that the
legal next of kin makes such a request and the sample is provided to the legal next of kin,
consistent with N.J.S.A. 45:27-22, prior to the final disposition of remains.
13:36-5.20 (RESERVED)
13:36-5.21 DISCLOSURE OF OWNERSHIP INFORMATION
a) The registered mortuary shall disclose on all general price lists, required pursuant to
N.J.A.C. 13:36-9.5, whether any owner of the registered mortuary also owns 50 percent or
greater interest in any other registered mortuary within the State. For purposes of this
section, "person" means any individual, partnership, limited liability partnership, limited
liability company, corporation or other business entity.
b) If disclosure of ownership information is required, the following statement shall appear on all
required price lists: "A person who owns 50 percent or greater interest in this registered
mortuary also owns 50 percent or greater interest in the following registered mortuaries in
the State of New Jersey:". This disclosure shall include the municipality in which the
registered mortuary is located and the mortuary's true firm name as registered with the
Board.
SUBCHAPTER 6.
EMBALMING PROCEDURE
13:36-6.1 PRIVACY OF BURIAL PREPARATION
a) The preparation for burial or other disposition of all dead human bodies shall be performed in
privacy. No one shall be permitted to be present in the embalming, operating or preparation
room while a dead human body is being embalmed, washed, or otherwise prepared for burial
or other disposition except the following:
1)
Licensed practitioners of mortuary science and their employees;
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2)
Duly authorized instructors of funeral directing schools;
3)
Interns;
4)
Public officials or representatives in the discharge of their duties;
5)
Duly accredited doctors or nurses;
6)
Members of the immediate family of the deceased and their designated representatives;
and
7)
Persons who perform religious and/or ritual preparations.
13:36-6.2 DRESS REQUIREMENT FOR EMBALMING
a) Every person, while engaged in the actual embalming of a dead human body, shall be attired
in a clean and sanitary smock or gown, which does not permit blood or other potentially
infectious materials to pass through to or reach the employee's work clothes, street clothes,
undergarments, skin, eyes, mouth or other mucous membranes, and shall while so engaged
wear protective apparel in compliance with OSHA regulations set forth at 29 CFR 1910.1030,
incorporated herein by reference.
b) The body being embalmed shall at all times be so covered as to ensure privacy of the body.
13:36-6.3 USE OF POISONS
The use of any fluid or compound which contains arsenic, lead, mercury, zinc, silver,
antimony or chloral or any poisonous alkaloid in the embalming of a dead human body is
prohibited.
13:36-6.4 DISPOSAL OF BLOOD AND EXCRETION
All blood and excretions of a dead human body shall be disposed of in a sanitary manner.
Licensees shall comply with OSHA regulations set forth at 29 CFR 1910.1030 in the operation of
a licensed funeral establishment and shall use universal precautions according to the Centers
for Disease Control recommendations set forth in Morbidity and Mortality Weekly Reports,
Volume 38, S-6, June 23, 1989, and subsequent volumes available from the Centers for Disease
Control, Atlanta, Georgia 30333 or at www.cdc.gov, incorporated herein by reference. These
precautions shall include taking due care to prevent any spread of infection in the handling of a
dead human body during transportation, in preparing and during embalming, and after contact
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with such body, and shall also include the disinfecting of hands and the removal of any soiled
clothing.
13:36-6.5 MARKING RECEPTACLES
a) All receptacles containing embalming fluid, formaldehyde or any poisonous or dangerous
substances shall be plainly marked to indicate the contents thereof in compliance with 29
CFR 1910.1048.
b) Receptacles containing blood or other potentially infectious materials shall be placed in a
container that prevents leakage during collection or storage.
13:36-6.6 UNNATURAL DEATHS
No licensed practitioner of mortuary science shall permit the embalming of a dead human
body where he or she has information reasonably indicating that death occurred as a result of
accidental, homicidal or suicidal means or under suspicious or unnatural circumstances, until the
body has been duly released to him or her for embalming or other preparation by the proper
authority in accordance with the State Medical Examiners Act (N.J.S.A. 52:17B-87).
13:36-6.7 PARTICIPATION OF INTERNS IN EMBALMING
An intern may not embalm or perform any part of an embalming procedure on a dead body
unless such activity is performed under the immediate and direct supervision and control of a
practitioner of mortuary science holding an active New Jersey license.
13:36-6.8 (RESERVED)
SUBCHAPTER 7.
SPECIAL RULES OF PRACTICE
13:36-7.1 HANDLING AND EMBALMING BODIES DEAD OF AN INFECTIOUS OR
CONTAGIOUS DISEASE
a) Except as otherwise provided by law, no person in the conduct of the practice of mortuary
science shall:
1)
Deny funeral services for any deceased person based upon the cause of death;
2)
Place any condition upon the provision of funeral services for any deceased person
based upon the cause of death; or
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3)
Represent that state or local law requires that any condition be placed upon the provision
of funeral services for any deceased person based upon the cause of death.
b) In the preparation for burial or transportation of a dead body, the funeral director, the
embalmer, intern, and assistants shall comply with OSHA regulations set forth at 29 CFR
1910.1030 and shall use universal precautions according to Centers for Disease Control
recommendations set forth in Morbidity and Mortality Weekly Reports, Volume 38, S-6, June
23, 1989, and subsequent volumes available from the Centers for Disease Control, Atlanta,
Georgia 30333 or at www.cdc.gov, incorporated herein by reference, which shall include
taking due care to prevent any spread of infection in the handling of such body during
transportation, in preparation and during embalming, and after contact with such body, and
shall disinfect their hands and remove any soiled clothing. All instruments, gloves, coverings
and utensils used in embalming or in handling the body shall be disinfected immediately after
being used. All fluids or other matters removed from such body in the process of embalming
shall be disposed of in accordance with all applicable State, Federal and local laws and
regulations governing medical and infectious waste.
SUBCHAPTER 8.
GENERAL RULES OF PRACTICE
13:36-8.1 CARRYING LICENSE IDENTIFICATION CARD
Every licensed practitioner of mortuary science shall in the conduct of business carry on his
or her person the current license identification card issued by the Board.
13:36-8.2 DIVULGING SECRETS
a) A licensed practitioner of mortuary science shall not divulge or permit his or her agents or
employees to divulge any privacies, confidences or secrets that may come to his or her
attention through the practice of mortuary science.
b) This section shall not be invoked to circumvent the Board's legal authority to carry out its
duties and responsibilities under the law, nor the powers of the courts and other public
bodies to compel the giving of testimony, nor any State or Federal law or rule that requires
disclosure of such information.
13:36-8.3 SAFEGUARDING PUBLIC HEALTH AND DECEDENT'S DIGNITY
Every licensed practitioner of mortuary science shall adopt all proper means and methods to
safeguard the public health and the dignity of the decedent.
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13:36-8.4 RESTRICTIONS ON EMPLOYMENT
A licensed practitioner of mortuary science shall not employ or engage the services of any
person other than his or her intern or interns or another licensed practitioner of mortuary science
in the embalming of human remains or in the practice of mortuary science or funeral directing
pursuant to N.J.S.A. 45:7-47.
13:36-8.5 UNAUTHORIZED LICENSE USE
No licensed practitioner of mortuary science shall lend his or her license to any other person,
or employ it in such a way as to defeat the purposes of the law; provided, however, this rule
shall not prevent a licensee from embalming human remains or supervising funerals and burials
on behalf of out-of-State practitioners of mortuary science, funeral directors, or embalmers.
13:36-8.6 BUSINESS CARDS
a) Business cards may be used by licensed practitioners of mortuary science, registered
interns, and unlicensed persons associated with a registered mortuary, for identification
purposes only, as set forth in (b), (c), and (d) below. Business cards that are used as copy
for an advertisement or that are published, disseminated, circulated, or broadcast in the
public media or social media shall be subject to the requirements set forth in N.J.A.C. 13:36-
5.12.
b) A licensed practitioner of mortuary science shall include on all business cards, at a minimum,
the licensee's name, the licensee's title or position, such as "Manager," or "Funeral Director,"
and the license number of the practitioner preceded by the phrase "N.J. Lic. No.
__________."
c) A registered mortuary shall not permit an unlicensed person associated with the registered
mortuary to use a business card for identification purposes unless the name and title or
position of the unlicensed person appears on the card. An unlicensed person's business card
shall not in any way connote that the person is licensed by the Board.
d) An intern registered with the Board, pursuant to N.J.A.C. 13:36-2.1, and who is acting under
the supervision of a preceptor, may use a business card provided that all business cards, at
a minimum, include the intern’s name, title of “registered intern,” and registration number,
preceded by the phrase “N.J. Intern Registration No. __________.”
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13:36-8.7 AUTHORIZED SURRENDER OF HUMAN REMAINS
A licensed practitioner of mortuary science shall promptly surrender human remains upon
proper direction and authorization of the person who, in accordance with N.J.S.A. 45:27-22, is
lawfully entitled to its custody.
13:36-8.8 AUTHORIZATION TO EMBALM HUMAN REMAINS
No licensed practitioner of mortuary science shall take possession of or embalm human
remains without first being directed and fully authorized to do by those whom, in accordance
with N.J.S.A. 45:27-22, are charged with the duties of interment.
13:36-8.9 FUNERAL ARRANGEMENTS OR QUOTATION OF FUNERAL PRICES
a) No unlicensed person shall be permitted to make funeral arrangements on behalf of any
licensed practitioner of mortuary science, except that interns may make such arrangements
pursuant to N.J.S.A. 45:7-47.
b) Only a duly licensed practitioner of mortuary science or an intern shall quote prices to a
consumer in connection with any funeral services and/or goods when funeral arrangements
are being made. Nothing contained in this section shall preclude quotation of prices by a
licensed practitioner of mortuary science or an intern when funeral arrangements are not
being made.
13:36-8.10 PRESENCE OF LICENSEE FOR DISPOSITION OF DEAD HUMAN BODY
Except for the transfer of remains from a place of temporary storage to a place of final
entombment or interment within a single cemetery as provided in N.J.A.C. 13:44J-8.4, no
interment, cremation or other disposition of a dead human body, or any disinterment thereof,
shall be made by any person in the State of New Jersey unless a New Jersey licensed
practitioner of mortuary science is present at the time of disposition, provided, however, that this
rule shall not apply to a disinterment resulting from a court order in connection with a criminal
investigation.
13:36-8.11 MULTIPLE BURIALS
a) No licensed practitioner of mortuary science shall place the remains, or any part of the
remains, of more than one deceased person, stillborn infant, or fetus in a coffin, casket, or
other container for the purpose of interment or cremation, or cause the remains, or any part
of the remains, of more than one deceased person, stillborn infant, or fetus, to be interred or
cremated together unless specific, written authorization to do so has been signed by a
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person charged with the duties of interment, as set forth in (b) below, for each decedent, or
by a court of competent jurisdiction.
b) For the purposes of this section, the only persons who may authorize a licensee to perform a
multiple burial are limited to the following:
1)
The decedent or a person appointed by the decedent in a will to control the funeral and
disposition of the decedent's remains or as provided in N.J.S.A. 45:27-22;
2)
A relative or relatives of the decedent in the order of:
i) Surviving spouse of the decedent, the surviving domestic partner, as defined in
N.J.S.A. 26:8A-3 or the surviving civil union partner, consistent with N.J.S.A. 37:1-28;
ii) A majority of surviving children of the decedent or the surviving child if one;
iii) The surviving parent or parents of the decedent;
iv) A majority of the brothers and sisters of the decedent if no child or parent is living; or
v) Other next of kin according to the degree of consanguinity.
3)
City or county welfare director in cases involving the indigent.
4)
Chief medical examiner in cases involving unidentified or unclaimed bodies.
5)
A court of competent jurisdiction.
c) The written authorization to be obtained by the funeral director shall include the name and
address, and signature of the person authorizing the multiple burial, the names, ages, and
addresses of the decedents, the dates, places and times of their death, the names and
addresses of the hospitals or institutions from which the bodies were obtained, the name and
address of the cemetery or crematory where the remains are to be interred or cremated, and
the location of the grave in which any interment is to be made.
d) Each written authorization shall bear a number corresponding to the funeral record number
and a signed copy shall be retained for at least seven years thereafter, as required pursuant
to N.J.A.C. 13:36-1.8.
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13:36-8.12 PUBLIC ACCOMMODATIONS
All funeral establishments shall be considered places of public accommodation and shall be
subject to public accommodation laws including the Law Against Discrimination, N.J.S.A. 10:5-1
et seq.
13:36-8.13 REFERRAL FEES
a) It shall be professional misconduct for a licensee to pay, offer to pay, or to receive from any
person any fee or other form of compensation for the referral of a purchaser of goods and
services.
b) The prohibition of referral fees shall not prohibit the division of fees among licensees
engaged in a bona fide employment or other business relationship for the delivery of
professional services.
SUBCHAPTER 9.
PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES
13:36-9.1 DEFINITIONS
The following words and terms, when used in this subchapter, shall have the following
meanings unless the context clearly indicates otherwise.
"Accounting year" refers to the particular calendar year or other one year period used by a
funeral provider in keeping financial records for tax or accounting purposes.
"Alternative container" means a non-metal receptacle or enclosure, without ornamentation or
a fixed interior lining, which is designed for the encasement of human remains and which is
made of cardboard, pressed-wood, composition materials (with or without an outside covering)
or pouches of canvas or other materials.
"Cash advance item" means any item of service or merchandise described to a purchaser as
a "cash advance", "accommodation", "cash disbursement", or similar term. A cash advance item
is also any item obtained from a third party and paid for by the funeral provider on the
purchaser's behalf. Cash advance items may include, but are not limited to, the following items:
Cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers;
musicians or singers; nurses; obituary notices; gratuities and death certificates.
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"Casket" means a rigid container which is designed for the encasement of human remains
and which is usually constructed of wood, metal, or like material, and ornamented and lined with
fabric.
"Cremation" means a heating process which incinerates human remains.
"Crematory" means any person, partnership or corporation that performs cremation.
"Direct cremation" means a disposition of human remains by cremation, with or without
embalming, without formal viewing, visitation or ceremony with the body present, conducted by a
licensee under the direction of a registered mortuary.
"Funeral goods" means goods which are sold or offered for sale directly to the public for use
in connection with funeral services including, but not limited to, merchandise such as casket,
vault or other enclosure, urns, clothing, prayer cards, register book, religious artifacts and any
other items purchased by the licensed practitioner of mortuary science for resale without
substantial alteration.
"Funeral provider" means any person, partnership or corporation that sells or offers to sell
funeral goods and funeral services to the public and holds a certificate of registration to operate
a mortuary in the State of New Jersey or is a licensed practitioner of mortuary science in the
State of New Jersey.
"Funeral services" means any services conducted by a licensee under the direction of a
registered mortuary that may be used to care for and prepare deceased human bodies for burial,
cremation or other final disposition and to arrange, supervise or conduct the funeral ceremony or
the final disposition of deceased human bodies.
"Immediate burial" means a disposition of human remains by burial, with or without
embalming, without formal viewing, visitation or ceremony with the body present, except for a
graveside service, conducted by a licensee under the direction of a registered mortuary.
"Outer burial container" means any container which is designed for placement in the grave
around the casket including, but not limited to, containers commonly known as burial vaults,
grave boxes, and grave liners.
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"Person" means any individual, partnership, corporation, association, government or
governmental subdivision or agency, or other entity.
"Services of funeral director and staff' means the services, not included in prices of other
categories in N.J.A.C. 13:36-9.7, which may be furnished by a funeral provider in arranging and
supervising a funeral, such as conducting the arrangement conference, planning the funeral,
obtaining necessary permits and placing obituary notices.
"Unfinished wood box" means an unornamented casket made of wood which does not have
a fixed interior lining.
13:36-9.2 VIOLATIONS
It shall be a violation of the rules of this subchapter to engage in unfair or deceptive acts or
practices as defined herein or to fail to comply with the preventive requirements specified herein;
any such action may be deemed to be professional misconduct.
13:36-9.3 FAILURE TO DISCLOSE REQUIRED PRICE INFORMATION: AN UNFAIR
OR DECEPTIVE PRACTICE
a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or
deceptive act or practice for a funeral provider to fail to furnish price information disclosing
the cost to the purchaser for each of the specific funeral goods and funeral services used in
connection with the disposition of deceased human bodies, including at least the price of
embalming, transportation of remains, use of facilities, caskets, outer burial containers,
immediate burials, or direct cremations, to persons inquiring about the purchase of funerals.
Any funeral provider who complies with the preventive requirements in (b) below is not
engaged in the unfair or deceptive acts or practices defined here.
b) To prevent the unfair or deceptive acts and practices mentioned in (a) above as well as
those defined in N.J.A.C. 13:36-9.15(a), funeral providers shall comply with the provisions of
N.J.A.C. 13:36-9.4, 9.5, 9.6, 9.7 and 9.8.
13:36-9.4 TELEPHONE PRICE DISCLOSURES
a) Funeral providers shall tell persons who ask by telephone about the funeral provider's
offerings or prices any accurate information from the price lists described in N.J.A.C. 13:36-
9.5, 9.6, and 9.7, which reasonably answers the question and any other information that
reasonably answers the question and that is readily available.
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b) The manager of a registered mortuary may designate employees of the mortuary, including
unlicensed persons, to provide accurate information from the price lists described in N.J.A.C.
13:36-9.5, 9.6, and 9.7. Responding to questions concerning information not on the price
lists shall be referred to a licensee or intern in accordance with N.J.A.C. 13:36-8.9.
13:36-9.5 CASKET PRICE LIST
a) Funeral providers shall give a printed or typewritten price list to people who inquire in person
about the offerings or prices of caskets or alternative containers. The funeral provider shall
offer the list upon beginning discussion of, but in any event before showing, caskets. The list
shall contain at least the retail prices of all caskets and alternative containers offered which
do not require special ordering, enough information to identify each, and the effective date
for the price list.
1)
In lieu of a printed or typewritten list, other formats, such as notebooks, brochures, or
charts, may be used if they contain the same information as would the printed or
typewritten list, displayed in a clear and conspicuous manner. The price list shall not
contain any handwritten information;
2)
Funeral providers do not have to make a casket price list available if the funeral
providers place on the general price list, specified in N.J.A.C. 13:36-9.7, the information
which is required by this section.
b) Funeral providers shall place on the casket price list, regardless of whether it is printed or
typewritten, or on any other format, the following information:
1)
The name, address, and telephone number of the registered mortuary and the name,
license number, and title of the manager; and
2)
A caption describing the list as a "casket price list."
13:36-9.6 OUTER BURIAL CONTAINER PRICE LIST
a) Funeral providers shall give a printed or typewritten price list to persons who inquire in
person about outer burial container offerings or prices. The funeral provider shall offer the
list upon beginning discussion of, but in any event before showing, the containers. The list
shall contain at least the retail prices of all outer burial containers offered which do not
require special ordering, enough information to identify each container, and the effective
date for the price listed.
1)
In lieu of a printed or typewritten list, the funeral provider may use other formats, such as
notebooks, brochures, or charts, if they contain the same information as the printed or
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typewritten list, displayed in a clear and conspicuous manner. The price list shall not
contain any handwritten information.
2)
Funeral providers do not have to make an outer burial container price list available if the
funeral providers place on the general price list, specified in N.J.A.C. 13:36-9.7, the
information which is required by this section.
b) Funeral providers shall place on the outer burial container price list, regardless of whether it
is printed or typewritten, or on any other format, the following information:
1)
The name, address, and telephone number of the registered mortuary and the name,
license number, and title of the manager; and
2)
A caption describing the list as an "outer burial container price list.
13:36-9.7 GENERAL PRICE LIST
***(NOTE THAT BELOW RULE LANGUAGE FOR N.J.A.C. 13:36-9.7 WAS ADOPTED JUNE 3,
2019 AND HAS A DELAYED OPERATIVE DATE OF DECEMBER 3, 2019. OFFICIAL RULE
TEXT CAN BE FOUND THROUGH LEXISNEXIS )***
a) Funeral providers shall give a printed or typewritten price list for retention to persons who
inquire in person about funeral arrangements or the prices of funeral goods or funeral
services. The price list shall not contain any handwritten information. When people inquire in
person about funeral arrangements or the prices of funeral goods or funeral services, the
funeral provider shall offer them the list upon beginning discussion either of funeral
arrangements or of the selection of any funeral goods or funeral services. The general price
list shall contain at least the following information:
1)
The name, address, and telephone number of the registered mortuary and the name,
license number and title of the manager;
2)
A caption describing the list as a "general price list";
3)
The effective date of the price list; and
4)
If applicable, a statement disclosing the ownership of other registered mortuaries, as
required pursuant to N.J.A.C. 13:36-5.21.
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b) Funeral providers shall include on the price list, in any order, the retail prices (expressed
either as the flat fee, or as the price per hour, mile or other unit of computation) and the
other information specified below for at least each of the following items, if offered for sale:
1)
Forwarding the remains to another funeral home, together with a list of the services
provided for any quoted price;
2)
Receiving remains from another funeral home, together with a list of the services
provided for any quoted price;
3)
The price range for the direct cremations offered by the funeral provider, together with a
separate price for a direct cremation where the purchaser provides the container;
separate prices for each direct cremation offered including an unfinished wood box or
alternative container; and a description of the services and container (where applicable),
included in each price;
4)
The price range for the immediate burials offered by the funeral provider, together with a
separate price for an immediate burial where the purchaser provides the casket;
separate prices for each immediate burial offered including a casket or alternative
container; and a description of the services and container (where applicable) included in
that price;
5)
Transfer of remains to funeral home;
6)
Embalming;
7)
Other preparation of the body;
8)
Use of facilities for viewing;
9)
Use of facilities for funeral ceremony;
10)
Other use of facilities, together with a list of facilities provided by any quoted price;
11)
Hearse;
12)
Limousine;
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13)
Other automotive equipment, together with a description of the automotive equipment
provided for any quoted price;
14)
Acknowledgement cards; and
15)
Individual items of merchandise of less than $400.00 each that are offered together as a
packaged item.
c) Funeral providers shall include on the price list in any order, the following information:
1)
Either of the following:
i) The price range for the caskets offered by the funeral provider, together with the
statement: "A complete price list will be provided at the funeral home."; or
ii) The prices of individual caskets disclosed in the manner specified by N.J.A.C. 13:36-
9.5; and
2)
Either of the following:
i) The price range for the outer burial containers offered by the funeral provider,
together with the statement: "A complete price list will be provided at the funeral
home."; or
ii) The prices of individual outer burial containers, disclosed in the manner specified by
N.J.A.C. 13:36-9.6; and
3)
The price for the services of funeral director and staff, together with a list of the principal
services provided for any quoted price and, if the charge cannot be declined by the
purchaser, the statement: "This fee for our services will be added to the total cost of the
funeral arrangements you select. (This fee is already included in our charges for direct
cremations, immediate burials, and forwarding or receiving remains.)"
d) Funeral providers shall include on the general price list the following disclosure statements:
1)
In immediate conjunction with the price disclosures required by required by (b) above,
"The goods and services shown below are those we can provide to our customers. You
may choose only the items you desire. If legal or other requirements mean you must buy
any items you did not specifically ask for, we will explain the reason in writing on the
statement we provide describing the funeral goods and services you selected." Provided,
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however, that if the charge for "services of funeral director and staff' cannot be declined
by the purchaser, the statement shall include the sentence: "However, any funeral
arrangements you select will include a charge for our services" between the second and
third sentences of the statement specified above herein.
2)
In immediate conjunction with the price shown for embalming, "Except in certain special
cases, embalming is not required by law. Embalming may be necessary, however, if you
select certain funeral arrangements, such as a funeral with viewing. If you do not want
embalming, you usually have the right to choose an arrangement that does not require
you to pay for it, such as direct cremation or immediate burial;" and "If you choose to
have an embalming performed, the decedent may be embalmed at a location other than
this registered mortuary."
3)
In immediate conjunction with the price range shown for direct cremations, "If you want to
arrange a direct cremation, you can use an alternative container. Alternative containers
encase the body and can be made of materials like fiberboard or composition materials
(with or without an outside covering). The containers we provide are (specify
containers)." This disclosure shall only be placed on the general price list if the licensed
practitioner of mortuary science arranges direct cremations.
4)
In immediate conjunction with the prices shown for outer burial containers if such prices
are included on the general price list, "In most areas of the country, state or local law
does not require that you buy a container to surround the casket in the grave. However,
many cemeteries require that you have such a container so that the grave will not sink in.
Either a burial vault or a grave liner will satisfy these requirements."
13:36-9.8 PROVISION OF STATEMENT OF FUNERAL GOODS AND SERVICES
SELECTED
a) Funeral providers shall provide a Statement of Funeral Goods and Services Selected for
retention to each person who arranges a funeral or other disposition of human remains, at
the conclusion of the discussion of arrangements. The Statement of Funeral Goods and
Services Selected shall conform to the requirements of N.J.A.C. 13:36-1.9.
b) The itemized cash advance prices shall be given to the extent known or reasonably
ascertainable. If the cash advance prices are not known or reasonably ascertainable, a good
faith estimate shall be given and a written statement of the actual charges shall be provided
before the final bill is paid.
c) Funeral providers may give persons any other price information in any other format, in
addition to that required by N.J.A.C. 13:36-9.5, 9.6 and 9.7 provided that the Statement of
Funeral Goods and Services Selected required by this section is given when required.
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13:36-9.9 EMBALMING PROVISIONS
a) In seeking or offering to sell funeral goods or funeral services to the public, it is a deceptive
act or practice for a funeral provider to:
1)
Represent that State or local law requires that a deceased person be embalmed when
such is not the case;
2)
Fail to disclose that embalming is not required by law except in certain special cases.
b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the unfair or
deceptive acts or practices defined in N.J.A.C. 13:36-9.16 and 9.17(a), funeral providers
shall:
1)
Not represent that a deceased person is required to be embalmed for direct cremation,
immediate burial, a funeral using a sealed casket, or if refrigeration is available and the
funeral is without viewing or visitation and with a closed casket when State or local law
does not require embalming; and
2)
Provide on the general price list the disclosure statement required pursuant to N.J.A.C.
13:36-9.7(d)2.
13:36-9.10 CASKET FOR CREMATION PROVISIONS
a) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive
act or practice for a funeral provider to:
1)
Represent that State or local law requires a casket for direct cremations; and
2)
Represent that a casket (other than an unfinished wood box or alternative container) is
required for direct cremations.
b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the unfair or
deceptive acts or practices defined in N.J.A.C. 13:36-9.15(a), funeral providers shall provide
on the general price list the disclosure statement required pursuant to N.J.A.C. 13:36-
9.7(d)3.
13:36-9.11 OUTER BURIAL CONTAINER PROVISIONS
a) In selling or offering to sell funeral goods and funeral services to the public, it is a deceptive
act or practice for a funeral provider to:
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1)
Represent that State or local laws or regulations, or particular cemeteries, require outer
burial containers when such is not the case;
2)
Fail to disclose to persons arranging funerals that State law does not require the
purchase of an outer burial container.
b) To prevent the deceptive acts or practices mentioned in (a) above, funeral providers shall
provide on the outer burial container price list, and if applicable, on the general price list, the
disclosure statement required by N.J.A.C. 13:36-9.7(d)4.
13:36-9.12 GENERAL PROVISIONS ON LEGAL AND CEMETERY REQUIREMENTS
a) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive
act or practice for funeral providers to represent that Federal, State or local laws, or
particular cemeteries or crematories, require the purchase of any funeral goods or funeral
services when such is not the case.
b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the deceptive
acts or practices identified in N.J.A.C. 13:36-9.9, 9.10 and 9.11, funeral providers shall
identify and briefly describe in writing on the statement of funeral goods and services
selected (required by N.J.A.C. 13:36-9.8) any legal, cemetery, or crematory requirement
which the funeral provider represents to persons as compelling the purchase of funeral
goods or funeral services for the funeral which that person is arranging.
13:36-9.13 PROVISIONS ON PRESERVATIVE AND PROTECTIVE VALUE CLAIMS
In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive
act or practice for a funeral provider to represent that funeral goods have protective features or
will protect the body from gravesite substances when such is not the case.
13:36-9.14 CASH ADVANCE PROVISIONS
In selling or offering to sell funeral goods and funeral services to the public any cash
advance items shall reflect the actual cost to the funeral provider.
13:36-9.15 REQUIRED PURCHASE OF CASKETS FOR DIRECT CREMATIONS
a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or
deceptive act or practice for a funeral provider to require that a casket other than an
unfinished wood box or alternative container be purchased for direct cremation.
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b) To prevent the unfair or deceptive act or practice mentioned in (a) above, funeral providers
must make an unfinished wood box or alternative container available for direct cremations, if
they arrange direct cremations.
13:36-9.16 OTHER REQUIRED PURCHASES
a) In selling or offering to sell funeral goods or funeral services, it is an unfair or deceptive act
or practice for a funeral provider to condition the furnishing of any funeral good or funeral
service to a person arranging a funeral upon the purchase of any other funeral good or
funeral service, except as required by law or as otherwise permitted by this section.
b) To prevent the unfair or deceptive act or practice mentioned in (a) above, funeral providers
shall:
1)
Provide the disclosure statement on the general price list required pursuant to N.J.A.C.
13:36-9.7(d)1; and
2)
Provide the disclosure statement on the Statement of Funeral Goods and Services
Selected, required by N.J.A.C. 13:36-1.9.
c) A funeral provider shall not violate this section by failing to comply with a request for a
combination of goods or services which would be impossible, impractical, or excessively
burdensome to provide.
13:36-9.17 EMBALMING PROVIDED WITHOUT PRIOR APPROVAL
a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or
deceptive act or practice for any provider to embalm a deceased human body for a fee
unless:
1)
State or local law or regulation requires embalming in the particular circumstances
regardless of any funeral choice which the family might make; or
2)
Prior approval for embalming (expressly so described) has been obtained from a family
member or other authorized person; or
3)
The funeral provider is unable to contact a family member or other authorized person
after exercising due diligence, has no reason to believe the family does not want
embalming performed, and obtains subsequent approval for embalming already
performed (expressly so described). In seeking approval, the funeral provider shall
disclose that a fee will be charged if the family selects a funeral which requires
embalming, such as a funeral with a viewing, and that no fee will be charged if the family
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selects a service which does not require embalming, such as direct cremation or
immediate burial.
b) To prevent the unfair or deceptive acts or practices mentioned in (a) above, funeral providers
shall include on the contract, final bill, or other written evidence of the agreement or
obligation given to the customer, the disclosure statements required pursuant to N.J.A.C.
13:36-1.9(a).
13:36-9.18 RETENTION OF DOCUMENTS
To prevent the unfair or deceptive acts or practices specified in this subchapter, funeral
providers shall retain and make available for inspection by Board officials true and accurate
copies of the price lists specified in N.J.A.C. 13:36-9.5, 9.6, and 9.7, as applicable, for at least
three years after the date of their last distribution to customers, and a copy of each Statement of
Funeral Goods and Services Selected, as required by N.J.A.C. 13:36-1.9, for at least seven
years from the date on which the statement was signed, in conformity with N.J.A.C. 13:36-1.8.
13:36-9.19 COMPREHENSION OF DISCLOSURES
To prevent the unfair or deceptive acts or practices specified in this subchapter, funeral
providers shall make all disclosures required in a clear and conspicuous manner.
SUBCHAPTER 10.
CONTINUING EDUCATION
13:36-10.1 PURPOSE AND SCOPE
a) The rules established by this subchapter are designed to ensure that the practitioners of
mortuary science maintain the highest degree of quality in their profession.
b) The requirements set forth under this subchapter apply to all Board licensees practicing
mortuary science in the State of New Jersey as a condition of biennial licensure, except
where the rules provide for exemption or waiver.
13:36-10.2 DEFINITIONS
The following words and terms, as used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
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"Committee" means the Credentials Committee established by the Board pursuant to
N.J.A.C. 13:36-10.6.
"Person" means any person as defined in N.J.S.A. 56:8-1.
"United States Armed Forces" means the United States Army, United States Navy, United
States Air Force, United States Marine Corps, and United States Coast Guard.
13:36-10.3 MINIMUM CREDIT HOURS FOR BIENNIAL LICENSE RENEWAL
a) Each applicant for biennial license renewal shall complete a minimum of 10 credit hours of
continuing education during every biennial licensing period, consistent with the requirements
of (b) and (c) below.
b) A licensee shall obtain 10 credit hours of continuing education in courses or programs
approved by the Board, consistent with the following requirements:
1)
A licensee shall obtain at least two credit hours in each biennial licensing period in
preneed funeral arrangements. The two credit hours shall require in-person attendance;
2)
A licensee shall obtain at least three credit hours in each biennial licensing period in
funeral directing ethics and in New Jersey law and rules relating to the practice of
mortuary science. The three credit hours shall require in-person attendance;
3)
A licensee may obtain no more than three credit hours in each biennial licensing period
in courses or programs dealing with funeral merchandizing, such as caskets, outer burial
containers and clothing. A licensee shall not receive any continuing education credit for
viewing exhibits at professional and/or technical meetings and conferences;
4)
A licensee shall receive training in applicable Occupational Safety and Health
Administration (OSHA) laws and regulations as required by OSHA. Licensees who seek
continuing education credit for such training must attend a course or program approved
by the Board and may not count towards the biennial continuing education requirement
more than three credit hours in such courses or programs in each biennial licensing
period; and
5)
A licensee may receive continuing education credit for a course or program one time only
per biennial licensing period.
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c) Licensees shall not be permitted to carry over continuing education credit hours into a
succeeding biennial licensure period.
13:36-10.4 EXEMPTIONS
a) A person employed on a full-time basis by the Federal, State, county or municipal
government who is not permitted by law or rule to actively engage in the practice of mortuary
science shall be exempt from complying with the continuing education requirements of
N.J.A.C. 13:36-10.3.
b) A licensee who elects to be inactive pursuant to N.J.A.C. 13:36-4.14 shall be exempt from
compliance with the continuing education requirements of N.J.A.C. 13:36-10.3 for any
biennial period, or portion thereof, during which a licensee is inactive.
13:36-10.5 WAIVER OF CONTINUING COMPETENCY REQUIREMENT
a) The Board may, in its discretion, waive continuing education requirements on an individual
basis for reasons of hardship, such as illness or disability, or other good cause shown.
b) Any licensee seeking a waiver of the continuing education requirement must apply to the
Board, in writing, no later than three months prior to the expiration of the biennial licensing
period then in effect, and set forth with specificity the reasons for requesting the waiver. The
licensee shall also provide the Board with such additional information as it may reasonably
request in support of the waiver request.
c) A person licensed for the first time by the Board shall have all continuing education
requirements waived solely for the remainder of that biennial licensing period.
d) A licensee serving on active duty in the United States Armed Forces for a period of time
exceeding 200 consecutive days in a biennial period shall have all continuing education
requirements waived for that biennial period.
13:36-10.6 CREDENTIALS COMMITTEE
a) The Board shall appoint a Credentials Committee to assist it in establishing guidelines and
criteria for the approval of continuing education courses and seminars.
b) The Credentials Committee's responsibilities shall include:
1)
Making recommendations to the Board regarding the approval of continuing education
courses and seminars and the number of credit hours to be assigned to courses or
seminars in satisfaction of the requirements of N.J.A.C. 13:36-10.3;
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2)
Developing procedures for the internal operation of the Committee; and
3)
Maintaining substantive criteria for continuing education courses or seminars, which
courses or seminars may include topics which:
i) Concern professional competency, ethics and legal developments relating to the
practice of mortuary science;
ii) Examine and train licensees in the utilization and application of new techniques and
scientific and clinical advances relating to mortuary science; and
iii) Deal with business management concepts as they relate to the delivery of efficient
professional services to consumers.
13:36-10.7 CRITERIA FOR CONTINUING COMPETENCY PROGRAMS
a) A course of acceptable subject matter shall directly and materially relate to the practice of
mortuary science and shall be:
1)
A formal course of learning which contributes directly to the maintenance of professional
competence of a licensee;
2)
At least one instructional hour in duration; and
3)
Conducted by a qualified instructor or workshop leader.
b) A program provider or a licensee seeking Board approval for a course of acceptable subject
matter shall submit the following to the Board:
1)
Information to document the elements of (a) above, in writing, and on a form provided by
the Board, including, but not limited to:
i) A detailed description of course content and estimated hours of instruction; and
ii) The curriculum vitae of the lecturer, including specific background which qualifies the
individual as a lecturer of repute in the area of instruction.
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13:36-10.8 PRESUMPTIVE APPROVAL AND LIST OF APPROVED COURSES
a) The Board shall grant credit for successful completion of the following, provided that the
course or program meets the criteria of N.J.A.C. 13:36-10.7 and that any other source of
credit directly and materially relates to the practice of mortuary science:
1)
College courses;
2)
Continuing education courses;
3)
Correspondence, televised, videotaped and other short courses/tutorials;
4)
Seminars, in-house courses, workshops and technical programs at professional meetings
and conferences;
5)
Teaching or instruction of a new course or program as set forth in (a)1, 2 and 4 above.
For purposes of this section, "new" means a course or program that the licensee has
never taught before in an educational or practical setting. A licensee may obtain no more
than three credits per biennial licensing period for teaching or instruction activities; and
6)
Published papers, articles or books authored by the licensee.
b) The Board may presumptively approve continuing education courses or programs that are
accredited by any nationally-recognized association or entity whose primary function is to
accredit continuing education courses or seminars regarding the practice of mortuary
science anywhere in the United States.
c) The Board shall maintain a list of courses currently approved pursuant to N.J.A.C. 13:36-
10.6 and 10.7 and (b) above. This list shall be made available by the Executive Director to
any licensee upon request.
13:36-10.9 APPROVAL OF COURSE OFFERINGS; PROVIDER RESPONSIBILITIES
a) A continuing education provider may receive approval for a continuing education course or
program pursuant to the provisions of N.J.A.C. 13:36-10.7. For purposes of this section, the
"continuing education provider" means the person or entity that determines the time, date,
location and speaker for a course or program. Board approval of a continuing education
course or program shall be valid only for the biennial licensing period in which approval was
obtained. The provider may apply for Board approval either prior to or no more than 60 days
following the offering of a course or program.
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b) A licensee seeking to take a course or program, which the provider has not had pre-
approved by the Board may apply to the Board for pre-approval or post-approval of the
course or program offering no more than 60 days following the course or program offering.
The licensee shall submit information similar to that which is required to be supplied by
course providers pursuant to N.J.A.C. 13:36-10.7.
c) An individual, group or association seeking course or program approval may impose a
reasonable differential in course or program fees based upon membership within a group or
association. However, in no event shall a sponsoring individual, group or association
completely exclude from the course or program any licensee who is not a member of the
group or association.
d) A continuing education provider shall submit to the Board, in writing, any changes in course
content, hours of instruction and/or lecturer for an approved course or program for review
and re-approval by the Board. A continuing education provider shall notify the Board, in
writing, of any changes in course date, time and location for an approved course or program.
e) A continuing education provider shall maintain all records relating to approved courses or
programs for two biennial licensing periods and shall provide such documentation to the
Board upon request.
f) A continuing education provider shall monitor attendance at, or ensure completion of, each
approved program or course and issue certificates of completion or other comparable
documentation to course or program attendees. Such certificates or documentation shall be
printed with the following information:
1)
Title of the course or program;
2)
Date attended and location;
3)
Credit hours earned;
4)
Name of the provider; and
5)
Name of the instructor or speaker.
g) A continuing education provider shall maintain a list of all attendees who completed each
approved program or course for a period of five years from the date the program or course
was offered.
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13:36-10.10 CREDIT HOUR REPORTING PROCEDURE
a) At the time of application for biennial license renewal, a licensee shall provide, on a form
approved by the Board, a signed statement certifying that the licensee has completed the
required number of continuing education credits.
b) Each licensee shall maintain all evidence, as set forth in (e) below, of completion of
continuing education credit requirements for two biennial periods after completion and shall
submit such documentation to the Board upon request.
c) Failure to maintain records or falsification of any information submitted with the renewal
application may result in an appearance before the Board and, upon notice to the licensee
and the opportunity to be heard, the assessment of penalties and/or suspension of the
license pursuant to N.J.S.A. 45:1-21 et seq.
d) The Board shall review the records of licensees from time to time, on a random basis, to
determine compliance with continuing education requirements.
e) Documentation of continuing education requirements shall consist of the following:
1)
A log showing the type and titles of courses, programs or seminars completed, the
sponsoring organizations, the locations of the courses, programs or seminars, the
duration of the courses, programs or seminars, the instructors or speakers names and
the number of continuing education credits claimed.
2)
Attendance verification records in the form of college transcripts, completion certificates,
paid receipts, and any other documents supporting evidence of attendance;
3)
For publications, submission of the published article; and
4)
For teaching, a statement of appropriate authority verifying the activity.
13:36-10.11 (RESERVED)
SUBCHAPTER 11.
PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS
13:36-11.1 DEFINITIONS
The following words and terms, when used in this subchapter, shall have the following
meanings unless the context clearly indicates otherwise.
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"Assigned funeral insurance policy" means any insurance policy or annuity contract that is
not a newly issued funeral insurance policy, but that, at the time an assignment was made of
some or all of its proceeds, was intended to provide funds to the provider, whether directly or
indirectly, at the time of the insured's death in connection with a prepaid funeral agreement.
"At need funeral arrangements" means funeral arrangements made with legal next of kin,
consistent with N.J.S.A. 45:27-22, or personal representatives of a person who has already died
for that person's funeral.
"Deliver" or "delivery" means the conveyance of actual control and possession of prepaid
funeral goods that have been permanently relinquished by a provider, or other person, firm or
corporation, or an agent thereof, to the purchaser, as defined in this section, or person paying
the moneys, or personal representative of the intended funeral recipient. Delivery has not been
made if the provider, or other person, firm or corporation, or an agent thereof:
1.
Arranges or induces the purchaser or person paying the moneys to arrange for the
storage or warehousing of prepaid funeral goods ordered pursuant to a prepaid funeral
agreement, with or without evidence that legal title has passed; or
2.
Acquires or reacquires actual or constructive possession or control of prepaid funeral
goods after their initial delivery to the purchaser or person paying the moneys or personal
representative of the intended funeral recipient.
"Funeral arrangements" means funeral and burial plans made through a provider, as defined
in this section, including the selection of plans for the furnishing of funeral goods and services
pursuant to a completed plan of bodily disposition and the act of offering the opportunity to
purchase or to enroll in a prepaid funeral agreement by the mortuary.
"Funeral insurance policy" means any newly issued funeral insurance policy or assigned
funeral insurance policy as defined in this section.
"Funeral trust" means a commingled or non-commingled account held in a pooled trust or
P.O.D. account, established in accordance with P.L. 1957, c.182 (N.J.S.A. 2A:102-13 et seq.) or
P.L. 1985, c.147 (N.J.S.A. 3B.11-16 et al.), which is intended as the depository for cash
payments connected with a prepaid funeral agreement.
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"Guaranteed price agreement" means a prepaid funeral agreement under which, in exchange
for the proceeds of a funeral trust or funeral insurance policy, the provider agrees to provide the
stated goods and services in the future, at the agreed upon price regardless of whether or not
the retail value of those goods and services exceeds the funds available from the funeral trust or
funeral insurance policy at the time of death of the intended funeral recipient.
"Intended funeral recipient" means the person named in a prepaid funeral agreement for
whose bodily disposition the prepaid funeral agreement is intended to provide. The intended
funeral recipient may or may not be the purchaser.
"Newly issued funeral insurance policy" means any insurance policy or annuity contract that,
at the time of issue, was intended to provide, or was explicitly marketed for the purpose of
providing, funds to the provider, whether directly or indirectly, at the time of the insured's death
in connection with a prepaid funeral agreement.
"Non-guaranteed price agreement" means a prepaid funeral agreement funded with a funeral
trust or funeral insurance policy, the proceeds of which the provider shall apply to the current
retail value of the prepaid funeral goods and services previously selected at the time of death of
the intended funeral recipient, but which agreement shall not bind the provider to provide the
goods and services if the value thereof exceeds the funds available at the time of death of the
intended funeral recipient.
"Payable on death account" or "P.O.D. account" means an account payable on request to
the purchaser or intended funeral recipient of a prepaid funeral agreement during the lifetime of
the intended funeral recipient and on his or her death, to a provider of funeral goods and
services.
"Pooled trust" means a pooled trust account established pursuant to P.L. 1985, c.147
(N.J.S.A. 3B:11-16 et al.).
"Preneed funeral arrangements" means funeral arrangements made by a provider, as
defined in this section, with an intended funeral recipient or his or her guardian, agent or next of
kin, for the funeral of the intended funeral recipient.
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"Prepaid funeral agreement" means a written agreement' and all documents related thereto
made by a purchaser with a provider prior to the death of the intended funeral recipient, with
which there is connected a provisional means of paying for preneed funeral arrangements upon
the death of the intended funeral recipient by the use of a funeral trust or funeral insurance
policy, made payable to a provider and in return for which the provider promises to furnish, make
available or provide the prepaid funeral goods or services, or both, specified in the agreement,
the delivery of which occurs after the death of the intended funeral recipient.
"Prepaid funeral goods" means personal property typically sold or provided in connection
with a funeral, or the final disposition of human remains, including, but not limited to, caskets or
the primary containers, cremation or transportation containers, outer burial containers, vaults, as
defined in N.J.S.A. 8A:1-2, memorials as defined in N.J.S.A. 8A:1-2, funeral clothing or
accessories, monuments, cremation urns, and similar funeral or burial items, which goods are
purchased in advance of need and which will not be delivered until the death of the intended
funeral recipient named in a prepaid funeral agreement. Prepaid funeral goods shall not mean
the sale of interment spaces or any related personal property offered or sold by a cemetery
company as provided for in N.J.S.A. 8A:1-1 et seq.
"Prepaid funeral services" means those services typically provided in connection with a
funeral, or the final disposition of human remains, including, but not limited to, funeral direction
services, embalming services, care of human remains, preparation of human remains for final
disposition, transportation of human remains, use of facilities or equipment for viewing human
remains, visitation, memorial services or services which are used in connection with a funeral or
the disposition of human remains, coordinating or conducting funeral rites or ceremonies and
similar funeral or burial services, including limousine services provided in connection therewith,
which services are purchased in advance of need and which will not be provided or delivered
until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid
funeral services shall not mean the sale of services incidental to the provision of interment
spaces or any related personal services offered or sold by a cemetery company as provided for
in N.J.S.A. 8A.1-1 et seq.
"Provider" means a person, firm or corporation duly licensed and registered pursuant to the
"Mortuary Science Act," P.L. 1952, c.340 (N.J.S.A. 45:7-32 et seq.) to engage in the business
and practice of funeral directing or mortuary science, or an individual serving as an agent or
employee thereof and so licensed:
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1.
Operating a duly registered mortuary in accordance with P.L. 1952, c.340 (N.J.S.A. 45:7-
32 et seq.) and the rules promulgated thereunder;
2.
Having his or its business and practice based within the physical confines of the
registered mortuary; and
3.
Engaging in the practice of making preneed funeral arrangements, including, but not
limited to, offering the opportunity to purchase or enroll in prepaid funeral agreements.
"Purchaser" means the person named in a prepaid funeral agreement who purchases the
prepaid funeral goods and services to be provided thereunder. The purchaser may or may not
be the intended funeral recipient. If the purchaser is different than the intended funeral recipient,
it is understood that the relationship of the purchaser to the intended funeral recipient includes a
means to provide administrative control over the agreement on behalf of the intended funeral
recipient.
"Retail installment contract" means an agreement to pay with interest the purchase price of
goods or services in two or more installments over a period of time.
"Statement of Funeral Goods and Services Selected" means the itemized written statement
required to be given to each person making funeral arrangements in accordance with the
regulations of the Federal Trade Commission (16 C.F.R. 453.2) and the Board (N.J.A.C. 13:36-
1.8 and 9.8).
13:36-11.2 LICENSE AND REGISTRATION REQUIRED; STATEMENT OF FUNERAL
GOODS AND SERVICES SELECTED AND PRENEED ARRANGEMENT REQUIRED;
PRICE LISTS; COMPLIANCE WITH AT NEED LAWS
a) No person, firm or corporation shall sell, offer to sell, or make, or offer to make preneed
funeral arrangements or prepaid funeral agreements unless that person, firm or corporation
is licensed and registered pursuant to the Mortuary Science Act, N.J.S.A. 45:7-32, to engage
in the business and practice of mortuary science.
b) Only a provider whose business and practice is located within the physical confines of a
mortuary registered by the Board may make prepaid funeral agreements or preneed funeral
arrangements, although providers may make prepaid agreements or preneed arrangements
outside the actual confines of a registered mortuary.
c) This section shall not be construed to prohibit an otherwise qualified person, firm or
corporation from acting as a provider operating under a trade name or other assumed name
or through a subsidiary of a corporation duly licensed and registered pursuant to the
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Mortuary Science Act, N.J.S.A. 45:7-32, to engage in the business and practice of mortuary
science.
d) No provider shall offer, enter into or offer to enter into a prepaid funeral arrangement,
whether funded by a funeral trust or funeral insurance policy, unless at the time of said
transaction the provider furnishes the purchaser with:
1)
A prepaid funeral agreement as defined and described by N.J.A.C. 13:36-11.1, 11.3 and
11.4;
2)
A separate Statement of Funeral Goods and Services Selected for the intended funeral
recipient describing and itemizing the prepaid funeral goods and services agreed upon,
completed and signed in accordance with N.J.A.C. 13:36-1.9, whether or not the prepaid
funeral agreement itself itemizes the funeral goods and services to be furnished at the
time of need. A separate Statement of Funeral Goods and Services Selected shall also
be completed and signed in accordance with N.J.A.C. 13:36-1.9 when at need funeral
arrangements are made for the intended funeral recipient of the preneed funeral
arrangement and when a revocable prepaid funeral agreement becomes an irrevocable
funeral agreement and changes to the agreement are necessary to ensure compliance
with the requirements of N.J.A.C. 13:36-11.6; and
3)
The price lists as required by N.J.A.C. 13:36-9.5, 9.6 and 9.7 to be offered and provided
to a purchaser at the time of an at need funeral arrangement.
e) A provider shall comply with all of the requirements provided by statute and this subchapter
for the making of an at need funeral arrangement when making or offering to make prepaid
funerals or preneed funeral arrangements.
f) All newly issued funeral insurance policies sold for the purpose of funding a prepaid funeral
agreement shall:
1)
Be sold by an individual who is licensed to sell insurance pursuant to N.J.S.A. 17:22A-1
et seq.; and
2)
Fully comply with all relevant insurance laws of this State including but not limited to,
N.J.S.A. 17B:17-5.1.
13:36-11.3 CONTENTS OF A PREPAID FUNERAL AGREEMENT
a) Every prepaid funeral agreement shall be signed by the provider, the purchaser or the
intended funeral recipient or the intended funeral recipient's guardian, agent, or next of kin,
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shall be in writing and, together with the requisite separate Statement of Funeral Goods and
Services Selected required pursuant to N.J.A.C. 13:36-11.2, shall be provided to the
purchaser at the time of entering into a prepaid funeral agreement. Every written prepaid
funeral agreement shall, at a minimum, include the following information:
1)
The name, title and license number of the provider;
2)
The name, address, and telephone number of the provider's registered mortuary;
3)
The name and address of the purchaser and, if different, the name of the intended
funeral recipient;
4)
The amount and method of the funding for the prepaid funeral agreement and a
statement specifically indicating whether the prepaid funeral agreement is:
i) A guaranteed price agreement, including those goods and services guaranteed; or
ii) A non-guaranteed price agreement;
5)
The name and location of the bank or pooled trust in which the prepaid moneys will be
deposited if the funeral agreement is funded by a funeral trust;
6)
If a funeral insurance policy, the policy number, if known, and the name and address of:
i) The insurance company;
ii) The beneficiary of the policy;
iii) The purchaser of the policy; and
iv) The intended funeral recipient, if different from the purchaser;
7)
Notice that all funeral arrangements are revocable and that all funeral funding
arrangements are severable from those funeral arrangements by the purchaser if alive,
and if not, then by the intended funeral recipient where they are different persons. Upon
the death of both the purchaser and the intended funeral recipient, the next of kin of the
intended funeral recipient, in the order provided by N.J.S.A. 45:27-22, shall have the
right to revoke the funeral arrangements and to sever the funeral funding arrangements
from the funeral arrangements;
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8)
Notice that a prepaid funeral agreement may be funded by an irrevocable trust or
irrevocable funeral insurance policy, consistent with the requirements of N.J.A.C. 13:36-
11.6, when the intended funeral recipient is an aged, blind or disabled applicant for, or
recipient of, the public assistance programs provided for by N.J.S.A. 44:7-85 et seq., or
is a similarly situated individual who reasonably anticipates applying for such assistance
within six months from the execution of the prepaid funeral agreement;
9)
Notice that a prepaid funeral agreement funded by an irrevocable trust or an irrevocable
funeral insurance policy, as provided in N.J.A.C. 13:36-11.6, shall be nonrefundable
during the lifetime of the intended funeral recipient;
10)
Notice that, if the intended funeral recipient's death occurs in a location other than that
served by the provider, alternate funeral arrangements may be required unless otherwise
specified;
11)
Notice that a provider may substitute goods or services of equal quality, value and
workmanship if those specified in the funeral agreement are unavailable at the time of
need. Any resulting change in price will be reflected on a revised statement which shall
be furnished at the time of need;
12)
Notice that the intended funeral recipient shall automatically assume the same legal
rights as the purchaser to administer a prepaid funeral arrangement if the purchaser
predeceases the intended funeral recipient;
13)
Notice that upon the death of the intended funeral recipient, the provider shall calculate
the current retail prices of the prepaid funeral arrangements, and:
i) In the case of a non-guaranteed prepaid funeral agreement, if there are insufficient
funds to pay for the current retail prices of the prepaid funeral goods and services
requested, the provider shall consult with the appropriate representative of the
intended funeral recipient for the supplementation of funds or modification of the
funeral arrangements set forth in the agreement prior to the provider's performance
under the agreement;
ii) In the case of any agreement funded through a revocable funeral trust, all surplus
funds shall be paid to the purchaser, if alive, and if not, then to the personal
representative of the estate of the deceased;
iii) In the case of an agreement funded through any funeral insurance policy, all surplus
funds shall be paid to the named beneficiary of the funeral insurance policy;
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14)
Notice that if a prepaid funeral agreement is a guaranteed price agreement, the provider
is liable for the price guarantee, and neither the issuer of a funeral insurance policy nor
the trustee of a funeral trust is liable; and
15)
Notice that the provider shall present a final and comprehensive bill to the legal
representative of the deceased funeral recipient upon completion of performance under
the prepaid funeral agreement.
13:36-11.4 ADDITIONAL REQUIREMENTS OF PREPAID FUNERAL AGREEMENTS
FUNDED BY FUNERAL INSURANCE POLICIES; SIGNING OF INSURANCE
DOCUMENTS; PROVIDERS NOT BENEFICIARIES
a) A provider who funds a prepaid funeral agreement by selling a newly issued funeral
insurance policy shall conspicuously and in plain language disclose to the purchaser:
1)
In boldface, that the provider will receive a commission or other remuneration based on
the transaction;
2)
That the provider is a duly licensed insurance producer in the State of New Jersey and is
an agent of the insurance company issuing the policy;
3)
The license number of the provider currently on file with the New Jersey Department of
Banking and Insurance;
4)
That cancellation of the prepaid funeral agreement shall not result in a refund of
premiums paid;
5)
That cancellation of the prepaid funeral agreement shall not cancel or otherwise
invalidate the newly issued funeral insurance policy, although cancellation may not result
in a refund of all premiums paid; and
6)
That cancellation or lapse of the newly issued insurance policy, or withdrawals from, or
loans against the proceeds or the cash value of the policy, may render the available
funds inadequate to pay for the arrangements as originally intended and shall void any
price guarantees.
b) The provider who funds a prepaid funeral agreement by selling a newly issued funeral
insurance policy shall sign all documentation pertaining to the funeral insurance policy
application and goods and services in the presence of the purchaser.
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c) No provider, while acting in the capacity of a provider or licensee of the Board, shall be
named as a beneficiary of a funeral insurance policy, except that nothing in this section shall
be construed to prohibit the assignment of the proceeds of the policy to a provider as final
payment for a funeral bill, or any other mechanism that provides payment to a provider for
the goods or services rendered; in the case of such assignment or mechanism, any excess
proceeds shall be paid to the named beneficiary.
13:36-11.5 FUNERAL TRUST CONVERTED TO FUNERAL INSURANCE POLICY
a) A provider shall not replace a funeral trust with a newly issued funeral insurance policy
unless and until the provider obtains the written consent of the purchaser. The written
consent shall be signed by the purchaser and shall thoroughly advise the purchaser in plain
language of the material differences between the original funeral trust and newly issued
funeral insurance policy. The written consent shall conspicuously disclose in boldface the
provider's earning of a commission based upon the transaction.
b) The provider shall maintain the documentation required by (a) above pursuant to N.J.A.C.
13:36-11.16.
13:36-11.6 IRREVOCABLE FUNERAL AGREEMENTS
a) Notwithstanding the provisions of N.J.A.C. 13:36-11.3(a)8, and in accordance with N.J.S.A.
2A:102-16.1, a prepaid funeral agreement may provide that its funding, whether in the form
of a funeral trust or a funeral insurance policy, is irrevocable during the lifetime of the
intended funeral recipient, provided that the intended funeral recipient is:
1)
An aged, blind or disabled applicant for, or recipient of, benefits pursuant to the
Supplemental Security Income program (SSI) (N.J.S.A. 44:7-85 et seq.), any Medicaid
program (N.J.S.A. 30:4D-1 et seq.), or General Assistance (N.J.A.C. 10:85), or
successor program(s); or
2)
An aged, blind or disabled person who reasonably anticipates applying for, or receiving,
the benefits provided by SSI, Medicaid, or General Assistance, or successor program(s)
within six months of the date of the signing of the prepaid funeral agreement.
b) No provider shall establish an irrevocable prepaid funeral agreement knowing that the
intended funeral recipient:
1)
Is not, or shall not, become eligible to receive the public assistance referred to in (a)
above; or
2)
Does not intend to apply for such public assistance.
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c) No provider shall establish an irrevocable prepaid funeral agreement knowing or intending
that the personal representative, estate or beneficiary of an intended funeral recipient shall
receive a refund at the time of need, except that this prohibition does not include the
expectation of an accumulation of interest or earnings on the corpus of the trust or insurance
policy.
d) No provider shall knowingly solicit or induce any person to execute an irrevocable prepaid
funeral agreement pursuant to this section with the intent to collect or charge more than the
fair market value of the funeral goods or services solicited.
e) A provider shall immediately notify in writing the appropriate social services agency or
agencies if at, or subsequent to, the time of need the personal representative or estate of a
funeral recipient, or if known by the provider the beneficiary, in the case of a funeral
insurance policy, receives a refund from an irrevocable prepaid funeral agreement.
13:36-11.7 POOLED TRUSTS
a) Moneys used to fund prepaid funeral agreements may be deposited into a pooled trust
account in a Federally insured State or Federally chartered bank, savings bank, or savings
and loan association pursuant to a written trust agreement, the beneficiaries of which shall
be the purchasers, or intended funeral recipients, if different persons. Any such trust
agreement shall conspicuously disclose in writing to the purchaser or intended funeral
recipient, prior to the acceptance of any moneys by the trustees:
1)
The right to immediately withdraw on demand any moneys placed in such trust, plus
accrued interest;
2)
That the purchaser or the intended funeral recipient shall receive periodic statements not
less than once per year reflecting the amount of principal and accrued interest, if any, in
the trust;
3)
The amount or rate of any commissions to be lawfully taken; and
4)
The identities and business addresses of each of the trustees of the pooled trust, except
in the case of trustees selected by a bona-fide nonprofit organization, in which instance
the notice of the availability of the trust document shall suffice.
b) The provider shall notify the purchaser or intended funeral recipient of any change in the
amount or rate of commission within 30 days.
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13:36-11.8 COMMISSIONS FOR TRUSTEES OF POOLED TRUST
The trustees of a pooled trust fund for the benefit of at least 200 purchasers or intended
funeral recipients shall be entitled to a commission not to exceed one percent per annum of the
corpus of the trust fund, which shall be paid out of any income, and in no event shall the trustees
invade the corpus of the trust funds. Any expenses incurred in the administration of such a trust
may be recouped from this commission, and such expenses shall not be deducted from any
other earnings of the trust.
13:36-11.9 CASH ADVANCE ITEMS; APPLICATION OF INTEREST INCOME
a) If a prepaid funeral agreement is a guaranteed price agreement and the provider accepts
funds for any cash disbursements at the time that the prepaid funeral agreement is made,
then at the time of need, the provider shall first apply the interest earned by the prepaid cash
disbursements to any increased costs of those disbursements, and shall refund any surplus
funds or interest on the disbursements to the purchaser or legal representative of the
intended funeral recipient or apply such surplus to any other use as directed by such
persons.
b) A provider shall not apply any surplus derived from the cash disbursement portion of a
guaranteed price agreement to any other part of the agreement without the written consent
of the purchaser or legal representative of the intended funeral recipient.
13:36-11.10 PERIODIC STATEMENTS OF STATUS OF FUNERAL TRUSTS
a) A provider shall immediately furnish to a purchaser any periodic statements received from
the trustee of a funeral trust which reflect the amount of principal and accrued interest, if
any, in the trust.
b) For purposes of this section, with respect to the Preneed Ledger required pursuant to
N.J.A.C. 13:36-11.16, a provider shall not be required to furnish the mortuary’s complete
Preneed Ledger, but shall provide the purchaser with his or her individual account
information.
13:36-11.11 PURCHASER TO SIGN COMPLETED DOCUMENTATION
c) All documentation which is required to be signed by a purchaser of a prepaid funeral
agreement shall be completed and signed by the provider prior to the purchaser signing such
documentation. In no event shall such documentation be signed in blank by the purchaser.
d) For purposes of this section, with respect to the Preneed Ledger required pursuant to
N.J.A.C. 13:36-11.16, a provider shall not be required to furnish the mortuary’s complete
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Preneed Ledger, but shall provide the purchaser with his or her individual account
information.
13:36-11.12 DEPOSIT OF PRENEED FUNDS; COMMINGLING OF FUNDS
PROHIBITED; PROOF OF ESTABLISHMENT OF TRUST
e) Providers shall deposit all moneys received in connection with the establishment of a prepaid
funeral agreement in a funeral trust or with the appropriate insurance company within 30
days of the receipt of such moneys by the provider.
f) A provider may temporarily deposit all moneys received in connection with the establishment
of a prepaid funeral agreement in a separate non-interest bearing account established and
used exclusively for the deposit of said moneys, until the moneys are transferred to the
funeral trust or insurance company in accordance with the requirements of (a) above.
g) No provider shall commingle any funds received in payment for a prepaid funeral agreement
or preneed arrangement in any business or personal checking or banking account, or in any
other place other than where authorized by (a) and (b) above.
h) The provider shall forward to the purchaser evidence of the establishment of a funeral trust
except when the funds have been deposited in a pooled trust which itself provides
purchasers with notification of the establishment of a funeral trust.
i) No provider shall apply any funds, whether principal or interest, from a prepaid funeral trust
or funeral insurance policy to pay for any funeral goods or services or for any other expenses
or use until the death of the intended funeral recipient except as provided by N.J.S.A. 3B:11-
16 and N.J.A.C. 13:36-11.7.
13:36-11.13 RETURN OF PREPAID MONEYS UPON REVOCATION OR
IMPOSSIBILITY TO PERFORM; TRANSFER OF PRENEED ARRANGEMENTS OR
PREPAID AGREEMENTS; PRESUMPTION OF INTENT
a) Any request by a purchaser or other authorized person for revocation or for a refund of a
funeral trust fund shall be fully complied with by the provider within 14 days from receipt of
the request.
b) Any request by a purchaser or other authorized person for severing or cancellation of the
funding of a newly issued funeral insurance policy shall be forwarded in writing by the
provider to the appropriate insurance company no later than three days from receipt of the
request.
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c) Any request by a purchaser or other authorized person to assign or to transfer a preneed
funeral arrangement or the funding for a prepaid funeral agreement to a new provider and
registered mortuary shall be fully complied with by the provider within 10 days of the request.
d) The new provider (as described in (c) above) shall comply with all of the requirements of this
subchapter and the preneed statutes regarding the establishment and maintenance of the
preneed funeral agreement and preneed funeral arrangement, including the immediate
making of a new prepaid funeral agreement and preneed funeral arrangement.
e) If a provider is unable to furnish prepaid goods or services requested due to revocation of a
prepaid funeral agreement or funding therefor, or is unable to perform due to the
impossibility of performance:
1)
The moneys used to fund a newly issued funeral insurance policy shall be paid to the
named beneficiary of the policy; or
2)
The moneys used to fund a funeral trust shall be refunded within 10 days to:
i) The purchaser, if alive; or
ii) The estate or personal representative of the deceased purchaser.
f) In the case of a funeral agreement funded by a funeral insurance policy, the provider shall
make all necessary inquiries of the insurance company after receiving a request for
severance or cancellation from an authorized party.
g) A provider shall be entitled to presume that at the time of need, any prepaid funeral
agreement and preneed funeral arrangement on file are those intended, unless the funeral
recipient's personal representative, in the order provided in N.J.S.A. 45:27-22, actually
makes changes in said agreement or arrangements.
13:36-11.14 OTHER PROHIBITED ACTS
a) No provider or person, firm, or corporation acting on behalf of a provider, including solicitors,
agents, canvassers, employees or other persons acting on behalf of such person, firm or
corporation, for the purpose of selling, contracting or offering to sell prepaid funeral
agreements or preneed funeral arrangements on behalf of said provider shall:
1)
Directly or indirectly solicit persons in hospitals, rest homes, nursing homes or similar
health care facilities by telephone or in person without first having been specifically
requested to do so by that person;
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2)
Directly or indirectly employ any agent, employee, assistant, independent contractor or
other person to solicit persons in hospitals, rest homes, nursing homes or similar health
care facilities by telephone or in person without first having been specifically requested to
do so by that person;
3)
Solicit relatives of persons whose death is apparently impending or whose death has
recently occurred for the purpose of providing any of those services for that person;
4)
Solicit, accept, offer to pay or pay any commission, bonus or rebate in consideration of
recommending or causing any person to use the services of a particular funeral director,
or the services of a particular crematory, mausoleum or cemetery;
5)
Solicit persons at their residences in person or by telephone unless that solicitation is in
response to a previous request for or expression of interest in a funeral director's
services made by the person solicited or by a member of that person's family; or
6)
Accept any consideration for the establishment and deposit of any moneys in a funeral
trust, including, but not limited to, a commission, rebate, discount, or direct or indirect
price reduction on merchandise.
b) Nothing in (a) above shall be construed to restrict the right of a provider or an agent or
employee of a provider, to communicate, by direct mail or in any other way not specifically
prohibited by this section, with persons or provide them with information regarding the
services of the provider, or to solicit the business of any person responding to that
communication and explicitly requesting further information by personal visit or telephone, or
otherwise initiating further discussion of those services, or to provide services or information
to persons in connection with services previously rendered.
c) No provider or person acting on behalf of a provider shall, in the context of prepaid funeral
agreements or preneed arrangements, advertise "discounts," "rebates" or other price
reduction incentives:
1)
Which are not actual reductions of the retail prices of a provider's current price lists; or
2)
Which are based solely on a funeral insurance policy's premium rate tables.
d) No provider shall charge prices at the time of making a prepaid funeral agreement which
exceed those prices which appear on the provider's current price lists which are provided to
consumers at the time of need pursuant to N.J.A.C. 13:36-9.
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e) No provider shall, in offering to provide preneed funeral arrangements or prepaid funeral
agreements, use the term "trust" or "trust funded" in any name, advertisement or solicitation
in a misleading manner.
f) No provider shall fund or finance a preneed funeral arrangement or a prepaid funeral
agreement through a retail installment contract or credit life insurance.
g) No provider shall finance a preneed funeral arrangement or prepaid funeral agreement by
any means other than a funeral trust or funeral insurance policy as authorized by these
regulations and the preneed statutes.
h) No provider shall knowingly sell, offer to sell or solicit any insurance product other than a
funeral insurance policy in connection with a prepaid funeral agreement as provided in this
subchapter and by N.J.S.A. 17B.17-5.1, for the purpose of prepaying or subsidizing, in whole
or in part, directly or indirectly, the future funeral expenses of any person.
i) Any agreement to waive any portion of this subchapter shall render the agreement voidable
by the purchaser and shall be a violation of this subchapter.
13:36-11.15 PRESUMPTION; AIDING AND ABETTING; VICARIOUS LIABILITY; DUTY
TO REPORT VIOLATIONS
a) Any provider shall be conclusively presumed to know his, her or its obligations relevant to
the deposit, maintenance, application and refund of funeral trust funds and funeral insurance
policies.
b) Any provider or any person who knowingly aids, abets or otherwise assists any other person
to violate any of the provisions of the preneed statutes or this subchapter, shall be equally as
culpable as a principal, and shall be subject to discipline by the Board as a principal.
c) Any provider shall be liable for any acts performed by any other person in any matter
involving the preneed statutes or this subchapter, provided that the provider authorizes said
person to act in his, her or its stead or holds out said other person to the public as
apparently authorized to act in his, her or its stead.
d) Any provider or licensee who has knowledge of any violation of this subchapter or of the
preneed statutes by any licensee, person, firm or corporation, shall immediately report such
violation to the Board and shall provide to the Board all evidence and knowledge of said
violation.
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13:36-11.16 PRENEED LEDGERS OF ACTIVE PREPAID FUNERAL AGREEMENTS
AND PRENEED FUNERAL ARRANGEMENTS; MAINTENANCE OF RECORDS OF
PREPAID AGREEMENTS AND PRENEED ARRANGEMENTS; COMPILATION OF
PRENEED LEDGER; BIENNIAL REGISTRATION
a) Every provider shall maintain in his. her or its registered mortuary, in a single identifiable and
accessible location, a ledger of all active prepaid funeral arrangements (the "Preneed
Ledger"), provided, however, that any provider who operates more than one registered
mortuary may keep all preneed ledgers so maintained in one location.
b) The Preneed Ledger may be kept manually or electronically.
c) The Preneed Ledger shall contain current data and shall be revised and updated at least
once per month. The Preneed Ledger shall, at a minimum, contain:
1)
The name and address of each purchaser, and if different, the name and address of each
intended funeral recipient;
2)
The amount of moneys prepaid, including any periodic payments made by the purchaser
and the dates of each payment;
3)
An identification of the agreement as revocable or irrevocable:
4)
The value and balance of each prepaid funeral trust fund or value of each funeral
insurance policy, as of the most recent transaction, annual statement or accounting; and
5)
The location of all prepaid funds, including:
i) The number of any bank account;
ii) The location of any passbook;
iii) The name of any insurance company receiving funds in payment for a funeral
insurance policy; and
iv) The policy number, when available.
d) All other records of prepaid funeral agreements, including statements of goods and services
in connection therewith and any other writings or notifications, which are required to be
made by this subchapter or by the preneed statutes, shall be maintained in a single
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identifiable and accessible location in the registered mortuary where such prepaid funeral
agreements were made.
e) The records of prepaid funeral agreements referred to in (d) above shall accurately reflect:
1)
The amount of refunds, if any. including the name and address of the recipient of the
refund and the amount thereof:
2)
Any assignment or transfer of prepaid funeral agreements to any other registered
mortuaries prior to the time of need, including the name of the receiving mortuaries and
the dates of said transfers:
3)
The death of an intended funeral recipient, including:
i) The date of death:
ii) The cost of the at need funeral arrangement;
iii) The original and any revised preneed Statement of Funeral Goods and Services
Selected, and the at need Statement of Funeral Goods and Services Selected;
iv) The amount of refund or additional cost if any; and
v) The name of any person receiving a refund or paying any additional moneys.
f) The Preneed Ledger of active prepaid funeral agreements required pursuant to (a) above
shall be maintained continuously for as long as the mortuary remains in business, regardless
of changes in registration, ownership, managers, deaths of licensees, transfers to new
locations or bankruptcy. There shall be no deletions of active prepaid funeral agreements
from the Preneed Ledger for any reason other than mistaken entries. When a mistaken entry
is corrected, the correction shall include the date of said correction.
g) All other records made and maintained pursuant to (d) above shall be retained for a period of
seven years from the date of death of the intended funeral recipient, or the transfer,
assignment, or refund of the prepaid funds, or the revocation of the preneed funeral
arrangement.
h) All records required to be maintained by this section shall be made available by the provider
to any authorized representative of the Division of Consumer Affairs and, upon request or as
required by this subchapter, to the Board and its Executive Director.
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i) The provider shall certify in the biennial renewal application of all registered mortuaries that
all records maintained pursuant to this section are in existence and are available for
inspection.
13:36-11.17 RECORDS PROVIDED TO THE BOARD AND TO SUCCESSORS IN
INTEREST
a) A copy of the Preneed Ledger required to be maintained by N.J.A.C. 13:36-11.16(a) shall be
provided to the Executive Director of the Board by the manager or owner of the registered
mortuary immediately upon:
1)
The discontinuation of business in accordance with N.J.A.C. 13:36-5.14;
2)
Within 10 days of the death of a licensee or owner in accordance with N.J.A.C. 13:36-
4.12; or
3)
Within 10 days of the filing of any form of bankruptcy by the provider or the owner of the
registered mortuary.
b) Upon request, any records required to be maintained by N.J.A.C. 13:36-11.16 shall be made
available to the Board and its Executive Director upon:
1)
Any change in ownership of a registered mortuary as defined by N.J.A.C. 13:36-4.5;
2)
Any change of managers as defined by N.J.A.C. 13:36-1.8(c) and (d);
3)
The transfer of a funeral establishment to a new location as defined by N.J.A.C. 13:36-
5.3(b); or
4)
For any other reason deemed appropriate by the Board or its Executive Director.
c) Whenever the records required to be maintained by N.J.A.C. 13:36-11.16 are moved from a
provider's existing registered mortuary, the provider shall notify the Board immediately of the
new location of the records and of the identity of the person responsible for their
safekeeping.
d) The records required to be maintained by N.J.A.C. 13:36-11.16 shall be made available by
the manager, provider, or owner of the registered mortuary to any person or entity assuming
a new ownership interest, or a part thereof, or any person newly assuming the position of
manager, at least 10 days prior to such change in ownership or manager, unless otherwise
mutually agreed upon by the parties.
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e) When a provider or owner of the registered mortuary files for any form of bankruptcy the
manager shall immediately furnish the records required to be maintained pursuant to
N.J.A.C. 13:36-11.16 to the trustee in bankruptcy, together with a notification that the
Preneed Ledger has been provided to the Board as required by (a) above.
13:36-11.18 NOTIFICATION OF PURCHASER OF TRANSFER OF OWNERSHIP
a) Whenever a provider or owner of the registered mortuary is required to obtain a new
certificate of registration pursuant to N.J.A.C. 13:36-4.5, the new manager or owner of the
registered mortuary shall notify in writing the owners of all prepaid funeral agreements then
in effect of their options to elect to maintain their prepaid funeral agreements at the present
location or to transfer or assign their prepaid funeral agreements and preneed funeral
arrangements to a different mortuary within 30 days of the change of ownership, or death of
a licensee or owner.
b) The notice required by (a) above shall advise the owners of all prepaid funeral agreements
that they may:
1)
Request a refund of any prepaid moneys from a funeral trust, except in the case of
irrevocable prepaid funeral arrangements; or
2)
Sever the funding of a funeral insurance policy from a prepaid funeral agreement.
c) Proof that the notice required by (a) above was delivered to the purchasers of prepaid
funeral agreements shall be furnished to the Board by the new manager or owner of the
registered mortuary within 10 days of said delivery and shall be maintained by the registered
mortuary consistent with the recordkeeping requirements set forth at N.J.A.C. 13:36-1.8.
13:36-11.19 NOTIFICATION OF DISSOLUTION OR BANKRUPTCY
a) Whenever a provider or owner of a registered mortuary discontinues business or files for
bankruptcy, the manager or owner shall provide written notice of said discontinuation or
bankruptcy to all purchasers of active prepaid funeral agreements.
b) The notice required by (a) above shall advise the purchasers of the prepaid funeral
agreements and preneed funeral arrangements that they may:
1)
Revoke the funding of their prepaid agreements and receive a refund, except in the case
of irrevocable funding;
2)
Sever the funding of a funeral insurance policy from the prepaid agreement; or
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3)
Transfer or assign their prepaid agreements and preneed arrangements to another
registered mortuary.
c) The notice required by (a) above shall be provided as soon as possible prior to the
discontinuation of business or bankruptcy, but no later than five days before the occurrence.
d) Proof that the required notice was delivered to the purchasers of prepaid funeral agreements
shall be immediately furnished to the Board by the manager or owner of the registered
mortuary and shall be maintained by the registered mortuary consistent with the
recordkeeping requirements set forth at N.J.A.C. 13:36-1.8.
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APPENDIX
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