| Subchapter
2 |
Embalmers
and Funeral Directors Law - State Board of Embalmers and Funeral Directors |
| § 17- 29- 207 |
Rules and
Regulations |
| (a) |
The Board
of Embalmers and Funeral Directors is empowered to promulgate appropriate rules and
regulations for the transaction of its business and for the betterment and promotion of
the standards of service and practice to be followed in the practice of embalming and
funeral directing in the State of Arkansas as it may deem expedient and consistent with
the laws of this state and for the public good. |
| (b) |
The board
is expressly authorized and empowered to promulgate rules and regulations reasonably
necessary to reflect any changes in the law as adopted by the United States Congress or
any appropriate agency of the Government of the United States as it affects funeral
establishments, funeral directors, or embalmers and for the purpose of keeping this law
consistent with, and compatible to, the laws of the United States. |
| (c) |
The board
is authorized and empowered to determine the qualifications necessary to practice the
science of embalming or the business of funeral directing, or both, and shall adopt
bylaws, rules, and regulations in connection with the care and disposition of dead human
bodies in this state. The board shall enforce compliance with the laws, rules, and
regulations by those engaged in the science of embalming and business of funeral directing
in this state and may transact any other business necessary for carrying out the
provisions of this subchapter and subchapter 3 of this chapter. |
| (d) |
(1) |
The board may
promulgate reasonable regulations for the licensing of crematoriums. |
| (2) |
Beginning
January 1, 1990, no crematorium may be operated in this state unless licensed by the
board, and no person shall be cremated in this state except at a licensed crematorium. |
|
(A) |
Five (5) members of
the board shall be embalmers and or funeral directors licensed under subchapter 3 of this
chapter who shall have had at least five (5) consecutive years of active experience as
embalmers or funeral directors in Arkansas immediately preceding appointment. The Governor
shall appoint members to the board from three (3) nominees submitted by the licensed
embalmers and funeral directors. In the event no nominations are submitted to the Governor
by July 1 of any year in which an appointment is to be made, the Governor may make the
appointment, provided that the appointee meets the other requirements for board
membership; |
|
(B) |
Violations of this
subsection are Class A misdemeanors. |
| (e) |
(1) |
In the interest of
public health and to ensure the safe, secure, and timely transportation of dead human
bodies in and through Arkansas, the board is authorized to license, inspect, and
promulgate reasonable regulations for any person, partnership, corporation, association,
society, or other legal entity engaged in the business of transporting dead human bodies
over the public streets and highways of this state. |
|
(2) |
Violations of
regulations promulgated under this subsection are Class A misdemeanors. |
|
|
|
| § 17- 29- 208 |
Fees |
| The board
shall establish and collect reasonable fees. |
|
|
|
| § 17- 29- 209 |
Continuing
Education |
| (a) |
The board may develop
and establish by regulation a program for continuing education and its requirements for
all funeral directors and embalmers licensed under subchapter 3 of this chapter. |
| (b) |
The board
shall have the authority to excuse licensees, as a group or as individuals, from a
continuing education program, in the event any unusual circumstances, emergency, or
hardship prevents participation in the program. |
|
|
|
| § 17- 29- 210 |
Legal Counsel |
| (a) |
The board, when it
shall deem necessary, shall be represented by the Attorney General. |
| (b) |
It may
also employ special counsel when necessary, whose services shall be paid for from funds of
the board. Special counsel shall be retained only with the prior approval of the Attorney
General. |
