KRS 316.130 - Embalmers & Funeral Directors: License Renewal & Education

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.130

Expiration date of license ~ Renewal ~ Continuing education required for renewal ~ Fee ~ License not transferable.

(1) No license granted under this chapter shall be issued or renewed for a period exceeding one (1) year. Every license and renewal shall expire on July 31 following the date of its issuance unless sooner revoked, surrendered, or canceled.

(2) A person may renew an embalmer's license or a funeral director's license by paying to the board a renewal fee, not to exceed one hundred dollars ($100), as set out in administrative regulations promulgated by the board.

(3) Except for the first licensure renewal following the issuance of an original license by the board, as a prerequisite for license renewal, every Kentucky-licensed embalmer and every Kentucky-licensed funeral director shall, during each licensure year, attend a minimum of four (4) hours in a continuing education program or programs approved by the board. Upon application to the board, the board may exempt a licensee from the continuing education requirements of this section if the applicant demonstrates that meeting the continuing education requirements of this section would work an undue hardship because of disability, illness, or other clearly mitigating circumstances, or if the applicant is seventy (70) years of age or older and is not actively involved in embalming or funeral directing. The board may use a portion of the annual license renewal fees for the purpose of contracting with accredited educational institutions, professional organizations, or other qualified persons to provide educational programs that meet this continuing education requirement.

(4) A licensed funeral establishment may renew its license by paying to the board a renewal fee equal to the establishment license fee.

(5) Any renewal not received by the board prior to July 31 will be assessed a late fee, not to exceed the amount of the renewal fee, as set out in administrative regulations promulgated by the board.

(6) A license granted under this chapter shall not be transferable.

Effective: July 15, 1996
History
Amended 1996 Ky. Acts ch. 149, sec. 4, effective July 15, 1996.
Amended 1990 Ky. Acts ch. 86, sec. 2, effective July 13, 1990.
Amended 1988 Ky. Acts ch. 125, sec. 8, effective July 15, 1988.
Amended 1984 Ky. Acts ch. 82, sec. 2, effective July 13, 1984.
Amended 1978 Ky. Acts ch. 313, sec. 4, effective June 17, 1978.
Amended 1964 Ky. Acts ch. 121, sec. 1.
Amended 1960 Ky. Acts ch. 52, sec. 13.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599a-9, 1599a-10.

KRS 316.127 - Embalmers & Funeral Directors: Licensing & Grandfathering of Pre-2006 Funeral Homes

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.127

Licensing for establishments existing before July 12, 2006.

(1) A funeral establishment licensed on July 12, 2006, that meets the definition of a full-service funeral establishment shall be issued a license as a full-service funeral establishment. This license shall be effective until the date that the funeral establishment's former license would have expired. The funeral establishment shall be required to make an application for renewal under this chapter as a full-service funeral establishment.

(2) A funeral establishment licensed on July 12, 2006, that meets the definition of an embalming service establishment shall be issued a license for an embalming service establishment. This license shall be effective until the date that the funeral establishment's former license would have expired. The funeral establishment shall be required to make an application for renewal under this chapter as an embalming service establishment.

(3) A funeral establishment licensed on July 12, 2006, that does not meet the definition of a full-service funeral establishment or embalming service establishment shall be issued a license for a visitation and ceremonial funeral service establishment. This license shall be renewable as a visitation and ceremonial funeral service establishment license for the entire time of the establishment's existence, subject to the restrictions of subsection (4) of this section, or until the board approves the establishment's application for another type of establishment license.

(4) A visitation and ceremonial funeral service establishment that is licensed as a funeral establishment prior to July 12, 2006, shall be exempt from the requirement of ownership in whole or in part by an affiliated full-service funeral establishment. This exemption shall lapse if the visitation and ceremonial funeral service establishment is sold, ceases to exist, or engages in any activity that changes its license.

Effective: July 12, 2006
History
Created 2006 Ky. Acts ch. 112, sec. 3, effective July 12, 2006.

KRS 316.125 - Embalmers & Funeral Directors: Funeral Home Licensing, Supervision, & Restrictions

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.125

Funeral establishment license ~ Application ~ Fee ~ Each funeral establishment to be licensed separately ~ Supervision.

(1) No person shall operate a full-service funeral establishment, a visitation and ceremonial funeral service establishment, or an embalming service establishment in the Commonwealth of Kentucky without first obtaining the applicable establishment license issued by the board.

(2) The board shall issue the appropriate establishment license to an applicant who:
(a) Has paid to the board an establishment license fee, not to exceed two hundred dollars ($200), as set out in administrative regulations promulgated by the board; and
(b) Has filed with the board a sworn statement that sets out the following:
1. Name of the funeral establishment;
2. Address of the funeral establishment;
3. Type of funeral establishment;
4. Owners of the funeral establishment, indicating which owners are licensed by the board; and
5. Name and address of the Kentucky-licensed embalmer or the Kentucky-licensed funeral director who will supervise the funeral establishment pursuant to subsection (4) of this section.

(3) Each funeral establishment shall be licensed separately from any other funeral establishment.

(4) Each funeral establishment, when in use, shall be under the supervision of a Kentucky-licensed embalmer or a Kentucky-licensed funeral director.

(5) A Kentucky-licensed embalmer or a Kentucky-licensed funeral director shall not supervise more than one (1) funeral establishment at the same time.

(6) The funeral establishment shall display in a public place in the establishment its establishment license and the license of the embalmer or funeral director who supervises the establishment pursuant to subsection (4) of this section.

Effective July 12, 2006
History
Amended 2006 Ky. Acts ch. 112, sec. 2, effective July 12, 2006.
Amended 1998 Ky. Acts ch. 90, sec. 2, effective July 15, 1998.
Amended 1996 Ky. Acts ch. 149, sec. 3, effective July 15, 1996.
Created 1984 Ky. Acts ch. 82, sec. 4, effective July 13, 1984.

KRS 316.010 - Embalmers & Funeral Directors: Chapter 316 Definitions

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.010

Definitions for KRS Chapter 316
As used in this chapter, unless the context requires otherwise

(1) "Apprentice" means a person engaged in learning the practice of embalming or funeral directing who is under the instruction and personal supervision of a Kentucky-licensed embalmer or a Kentucky-licensed funeral director;

(2) "Board" means the Kentucky Board of Embalmers and Funeral Directors;

(3) "Direct burial" means the pick-up, transport, and interment of a dead human body or body parts without a funeral;

(4) "Embalmer" means a person who preserves, restores, and disinfects dead human bodies by the application of chemical substances either externally or internally, or both;

(5) "Embalming service establishment" means a place of business where dead human bodies are embalmed or otherwise prepared or held for burial, including the transportation of the bodies. An embalming service establishment shall not arrange or conduct a funeral or direct burial. An embalming service establishment may arrange for and transport dead human bodies for direct cremation purposes only under the following circumstances:
(a) On behalf of a full-service funeral establishment;
(b) On behalf of a visitation and ceremonial funeral establishment; or
(c) At the direction of a coroner;

(6) "Funeral" means the ceremonies or services related to the final disposition and interment of a human body or body parts;

(7) "Full-service funeral establishment" means a place of business where dead human bodies may be embalmed or otherwise prepared and held for burial and where funeral services may be arranged, provided, and conducted;

(8) "Funeral director" means a person who, for profit, engages in or represents himself or herself as engaged in the supervision, direction, and arrangement of funeral services, transportation, burials, and disposals of dead human bodies;

(9) "Funeral establishment" or "establishment" means:
(a) A full-service funeral establishment;
(b) An embalming service establishment; or
(c) A visitation and ceremonial funeral service establishment;

(10) "Memorial service" means a ceremony or service held in honor of a deceased human being at which there are no human remains, as defined in KRS 367.97501(13) present, and for which no license is required;

(11) "Person," as used in this chapter, includes but is not limited to an individual, partnership, firm, association, or corporation;

(12) "In use" means that funeral directing or embalming is taking place in a funeral establishment;

(13) "Courtesy card" means a card that is issued by the board to a funeral director or an embalmer from another state that gives the director or embalmer permission to receive and transport a dead human body to and from Kentucky for a funeral and to conduct funeral services and burials in Kentucky;

(14) "Supervision" means responsibility for the professional activities of the funeral establishment that requires a Kentucky-licensed funeral director or a Kentucky-licensed embalmer, as appropriate, to be on the premises when the funeral establishment is in use. If the Kentucky-licensed funeral director or the Kentucky-licensed embalmer is unable to be on the premises due to a reasonable circumstance, then the Kentucky-licensed funeral director or the Kentucky-licensed embalmer shall be within a reasonable proximity to the funeral establishment so that upon contact the funeral director or embalmer is able to immediately return to the funeral establishment; and

(15) "Visitation and ceremonial funeral service establishment" means a location from which a funeral establishment may provide all services except embalming within either the same or adjoining county as that served by an affiliated full-service funeral establishment. The visitation and ceremonial funeral service establishment shall be owned in whole or in part by the affiliated full-service funeral establishment, and shall be located sufficiently close to the full-service funeral establishment to share administration and services in a manner that renders it unnecessary for the visitation and ceremonial funeral service establishment to independently meet the minimum licensure requirements for a full-service funeral establishment. A full-service funeral establishment may own and operate more than one (1) visitation and ceremonial funeral service establishment.

Effective: July 12, 2006
History
Amended 2006 Ky. Acts ch. 112, sec. 1, effective July 12, 2006.
Amended 1998 Ky. Acts ch. 90, sec. 1, effective July 15, 1998.
Amended 1996 Ky. Acts ch. 149, sec. 1, effective July 15, 1996.
Amended 1984 Ky. Acts ch. 82, sec. 1, effective July 13, 1984.
Amended 1960 Ky. Acts ch. 52, sec. 1, effective June 16, 1960.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-1.

KRS Chapter 316: Embalmers & Funeral Directors - Content & Definitions as per KRS 316.010

KRS Chapter 316: Embalmers & Funeral Directors

Chapter 316 Statutes

KRS 316.010
KRS Chapter 316 Definitions

KRS 316.020 - Repealed 1996 (See statute history)

KRS 316.030
Embalmer's license ~ Qualifications ~ Funeral director's license ~ Qualifications ~ Restriction on place of practice ~ Apprenticeship.

KRS 316.040 - Repealed 1996 (See statute history)
KRS 316.045 - Repealed 1996 (See statute history)
KRS 316.050 - Repealed 1996 (See statute history)
KRS 316.060 - Repealed 1960 (See statute history)
KRS 316.070 - Repealed 1996 (See statute history)
KRS 316.080 - Repealed 1996 (See statute history)
KRS 316.090 - Repealed 1996 (See statute history)
KRS 316.100 - Repealed 1960 (See statute history)
KRS 316.110 - Repealed 1996 (See statute history)
KRS 316.120 - Repealed 1996 (See statute history)

KRS 316.125
Embalmer's license ~ Qualifications ~ Funeral Director's license ~ Qualifications ~ Restriction on place of practice ~ Apprenticeship.

KRS 316.127
Licensing for establishments existing before July 12, 2006.

KRS 316.130
Expiration date of license ~ Renewal ~ Continuing education required for renewal ~ Fee ~ License not transferable.

KRS 316.131

KRS 316.132

KRS 316.140

KRS 316.150

KRS 316.155

KRS 316.160

KRS 316.170

KRS 316.180 - Repealed 1996 (See statute history)
KRS 316.190 - Repealed 1996 (See statute history)
KRS 316.200 - Repealed 1996 (See statute history)

KRS 316.210

KRS 316.220 - Repealed 1960 (See statute history)
KRS 316.230 - Repealed 1960 (See statute history)
KRS 316.240 - Repealed 1960 (See statute history)
KRS 316.250 - Repealed 1988 (See statute history)

KRS 316.260

KRS 316.310

KRS 316.320 - Repealed, reenacted, and amended as KRS 367.934, by 1984 KY Acts ch. 116, sec. 2, effective July 13, 1984.

KRS 316.330 - Repealed, reenacted, and amended as KRS 367.936, by 1984 KY Acts ch. 116, sec. 3, effective July 13, 1984.

KRS 316.340 - Repealed, reenacted, and amended as KRS 367.938, by 1984 KY Acts ch. 116, sec. 4, effective July 13, 1984.

KRS 316.350 - Repealed, reenacted, and amended as KRS 367.940, by 1984 KY Acts ch. 116, sec. 5, effective July 13, 1984.

KRS 316.360 - Repealed 1984 (See statute history)
KRS 316.370 - Repealed 1984 (See statute history)

Repealed Statute Histories

KRS 316.020
License required for embalmers and funeral directors. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1988 Ky. Acts ch. 125, sec. 3, effective July 15, 1988.
Amended 1960 Ky. Acts ch. 52, sec. 2.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599a-7, 1599a-8a, 1599a-16, 1599a-16a.

KRS 316.040
Certificate of apprenticeship -- Number of apprentices allowed per funeral director or embalmer. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1988 Ky. Acts ch. 125, sec. 5, effective July 15, 1988.
Amended 1978 Ky. Acts ch. 313, sec. 2, effective June 17, 1978.
Amended 1960 Ky. Acts ch. 52, sec. 4.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-7.

KRS 316.045
Causes for revocation or suspension of certificate of apprenticeship. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Created 1988 Ky. Acts ch. 125, sec. 1, effective July 15, 1988.

KRS 316.050
Application for license -- Fee -- Certificates of character. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1988 Ky. Acts ch. 125, sec. 6, effective July 15, 1988.
Amended 1978 Ky. Acts ch. 313, sec. 3, effective June 17, 1978.
Amended 1960 Ky. Acts ch. 52, sec. 5.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-7.

KRS 316.060
Examination - Issuance of license. (Catchline @ 1960 Repeal)
Repealed 1960 Ky. Acts ch. 52, sec. 6, effective June 16, 1960.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-7.

KRS 316.070
Secretary of board to mail notices of examination -- Issuance of license. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1960 Ky. Acts ch. 52, sec. 7.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-4.

KRS 316.080
Registration and display of license. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1978 Ky. Acts ch. 84, sec. 9, effective June 17, 1978; and ch. 384, sec. 478, effective June 17, 1978.
Amended 1960 Ky. Acts ch. 52, sec. 8.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-7.

KRS 316.090
Funeral director's license - Qualifications of applicant. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1988 Ky. Acts ch. 125, sec. 7, effective July 15, 1988.
Amended 1970 Ky. Acts ch. 120, sec. 10.
Amended 1960 Ky. Acts ch. 52, sec. 9.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-8a.

KRS 316.100
Application for license - Fee - Proof of facts in application. (Catchline @ 1960 Repeal)
Repealed 1960 Ky. Acts ch. 52, sec. 10, effective June 16, 1960.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-8a.

KRS 316.110
Issuance of license. (Catchline @ 1996 Repeal)
Repealed 1996 Ky. Acts ch. 149, sec. 12, effective July 15, 1996.
Amended 1960 Ky. Acts ch. 52, sec. 11.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-8a.

KRS 316.120
Registration, display of license. (Catchline @ 1996 Repeal)
Repealed 1960 Ky. Acts ch. 52, sec. 12, effective June 16, 1960.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-8a.

KRS 316.030 - Embalmers & Funeral Directors: Qualifications, Licensing, Restrictions, & Apprenticeship of Funeral Directors & Embalmers

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.303

Embalmer's license ~ Qualifications ~ Funeral Director's license ~ Qualifications ~ Restriction on place of practice ~ Apprenticeship.

(1) No person shall engage in, or attempt to engage in, embalming or funeral directing in the Commonwealth of Kentucky unless the person is licensed under the provisions of this chapter.

(2) All Kentucky-licensed persons who practice embalming or funeral directing in Kentucky shall practice from a funeral establishment that is licensed to operate under the provisions of this chapter.

(3) One (1) member of every firm, and one (1) officer and one (1) stockholder of every corporation, that engages in embalming and funeral directing in Kentucky, shall be a Kentucky-licensed embalmer and a Kentucky-licensed funeral director.

(4) One board shall issue an embalmer's license to an applicant who:
(a) Is at least eighteen (18) years of age;
(b) Is of good moral character;
(c) Has graduated from high school or possesses a High School Equivalency Diploma;
(d) Has received an associate degree in funeral services from a college or university accredited by the American Board of Funeral Service Education;
(e) Has served an apprenticeship of one (1) year in a Kentucky funeral establishment under the supervision of a Kentucky-licensed embalmer;
(f) Has taken an active part during the apprenticeship in assisting with the embalming of at least twenty-five (25) dead human bodies under the direct supervision of a Kentucky-licensed embalmer;
(g) Has paid to the board an examination fee of seventy-five dollars ($75); and
(h) Has passed an examination prepared or approved by the board.

(5) The board shall issue a funeral director's license to an applicant who:
(a) Is at least eighteen (18) years of age;
(b) Is of good moral character;
(c) Has graduated from high school or possesses a High School Equivalency Diploma;
(d) Has served an apprenticeship of three (3) consecutive years in a Kentucky funeral establishment under the supervision of a Kentucky-licensed funeral director. An associate degree in funeral services from a college or university accredited by the American Board of Funeral Service Education shall substitute for two (2) years of the apprenticeship. The completion of thirty (30) semester credit hours or the equivalent from an accredited college or university shall substitute for one (1) year of the apprenticeship. At no time shall more than two (2) years of the apprenticeship be substituted;
(e) Has taken an active part during the apprenticeship in assisting with the management of at least twenty-five (25) funerals under the direct supervision of a Kentucky-licensed funeral director;
(f) Has paid to the board an examination fee of seventy-five dollars ($75); and
(g) Has passed an examination prepared or approved by the board.

(6) An applicant may serve embalming and funeral directing apprenticeships concurrently.

(7) At the beginning of an apprenticeship, an applicant for an embalmer's or a funeral director's license shall:
(a) Appear before the board;
(b) Pay to the board a registration fee of thirty dollars ($30); and
(c) File with the board the sworn statement of the supervising Kentucky-licensed embalmer or the Kentucky-licensed funeral director averring that the applicant will work full-time under supervision in the funeral establishment and will receive a regular salary.

(8) An applicant shall work full-time in the funeral establishment during the apprenticeship and shall receive a regular salary.

(9) An applicant shall file with the board semiannually during the apprenticeship sworn statements by the applicant and the supervising Kentucky-licensed embalmer or Kentucky-licensed funeral director setting out the number of hours worked, the number of embalmings or funerals in which the applicant has assisted, and the salary received.

(10) A Kentucky-licensed embalmer or a Kentucky-licensed funeral director shall not supervise more than five (5) applicants serving apprenticeships at any one (1) time.

Effective: July 13, 2004
Legislative History
Amended 2004 Ky. Acts ch. 69, sec. 1, effective July 13, 2004.
Amended 1996 Ky. Acts ch. 149, sec. 2, effective July 15, 1996.
Amended 1988 Ky. Acts ch. 125, sec. 4, effective July 15, 1988.
Amended 1970 Ky. Acts ch. 120, sec. 9.
Amended 1960 Ky. Acts ch. 52, sec. 3, effective June 16, 1960.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-7.