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 316.125 - 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 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.

Justice Finds Justice....Kinda

This is a follow-up to the matter of fraud and unlicensed funeral direction described in a previous entry, Fraudulent Pike County Funeral Director Charged with 19 Felonies.

Ultimately faced with one count of acting as a funeral director without a license and 24 charges of insurance and funeral service fraud, Richard Justice pleaded not guilty to the initial misdemeanor and nineteen felonies filed against him, as well as to subsequent charges, one of which may have been filed in June 2007 (Eastern Kentucky Broadcasting reported in July 2007 that Justice was arraigned on July 25 following a June indictment) and three of which were filed in February 2008 (Eastern Kentucky Broadcasting). In April 2008, he was also charged with driving under the influence and without a license plate (Eastern Kentucky Broadcasting, WSAZ).

Offered a plea agreement that included a recommendation of probation if restitution was paid (somebody smack that prosecutor!), the ironically named Justice pleaded guilty to all counts in May 2008. He was placed on home incarceration and ordered to replay more than $61,000 to his victims or their estates by his July 1 sentencing date (he had previously repaid a portion of the $87-94,000 he bilked). Though he apologized for defrauding his customers of tens of thousands of dollars, Commonwealth's Attorney Rick Bartley reported to Pike Circuit Court Judge Steve Combs that no restitution had been paid, and the judge ordered Justice to jail for 30 months. (Kentucky.gov press release, Lexington Herald-Leader, WSAZ)

Yup...30 months...two and a half years. The folks Justice bilked had been responsibly putting back their money for longer than that! Hell, he was bilking people for longer than that! He could have faced 20 years in prison and been fined $10,000 on each count...there's a reason the law allows for such a sentence! If prison overcrowding is such a daunting issue that thieving creeps preying on senior citizens get a punishment of two and a half years, then we've got some serious laws to start hacking! Most potheads and a lot of other druggies serving time weren't HARMING anybody, were they? Let this jackass take their spot!

Fraudulent Pike County Funeral Director Charged with 19 Felonies

Former funeral home owner bagged in sting
Mary Music ~ Appalachian News Express ~ 2/3/2007

KY - A former Pikeville funeral home owner has been stealing money for several years and acting as a funeral director without a license, officials say. Former Justice Funeral Home owner Richard D. Justice (listed elsewhere as Richard A. Justice) was arrested yesterday after an extensive investigation by Walter B. H. Petot, a special investigator with the state office of insurance fraud.

He faces 12 felony counts of violating the Funeral Trust Act, six counts of felony fraudulent insurance acts, one count of felony theft and one count of acting as a funeral director without a license between 2004 and 2006. The alleged insurance fraud spanned between 2002 and 2006.

According to the warrants filed in the case Friday afternoon, Justice, 43 (most other stories report him as 53 at the time), of Hickory Lane in Pikeville, took approximately $94,000 for pre-paid burial trust funds or insurance from Linda Fields, Earsil Charles, Dessie M. Charles, Phea Sue Little, Eloise Coleman, Doshie Bartley, Robert Gene Ford, Edna Goof, Joan Jacques, Elster Ray Hawkins, Nona B. Bartley, Betty Joe Adams, Katie Bailey and the Good Shepherd Community Nursing Center, where he is accused of not refunding an overpayment for the funeral expenses of Katie Bailey. Justice did not purchase burial insurance with money given to him by local families and he didn't place pre-paid burial expense money into trust funds, as required by law, the warrants claim.

Justice closed the funeral home on South Mayo Trail in November. When word of the alleged improprieties surfaced in December, Justice denied the allegations, claiming that employees at the Justice Funeral Home embezzled the money. The money was there, he said at that time, and it was “secured” and “protected.”

“That means that I ain't going to get my money back, don't it?” asked Dessie Charles, when she learned of the arrest yesterday. “We worked very hard to get that money and we trusted him like we trusted his dad. His dad was a good person. We dealt with him back in the 1950s, so we figured he'd follow in his dad's footsteps. He took advantage of elderly people, and that's a lot of years we had to work for that.”

Charles and her husband Earsil Charles, of Biggs Branch, checked on their pre-paid burial expense account at the Justice Funeral Home after they read articles written about the investigation in the News-Express and found out there was a problem.

Charles, 70, said it was natural for her and her husband, 77, to open a pre-paid burial fund through the Justice Funeral Home because the company handled the funerals for two of their children in the 1950s and several other family members throughout the years. The opened the fund in 2003 with $15,000.

Charles claims that her sister, a Michigan native, is also making inquiries into her pre-paid burial fund, which was opened in 1999. Justice's father, Perry A. Justice, opened the funeral home several decades ago. After he died, Justice and his brother, Gary Justice, took over the business. When problems arose between the siblings, Gary Justice purchased the J.W. Call Funeral Home in Pikeville.

Justice Funeral Home held its last funeral in October 2006. The business is now under new leadership and has been renamed as the Pikeville Funeral Home.

Doshie Bartley, 71, of Powell's Creek, said she wrote a check for more than $15,000 and gave it to Justice in August 2004, thinking she was doing a positive thing for her and her husband, William Ray Bartley, but when it was time to withdraw the money, she said nothing was there.

Justice Funeral Home handled the burial arrangements last year for Bartley's husband of 50 years, but she said the financial agreement she had with the funeral home “worried me to death.” Bartley wanted to transfer the remaining funds in her burial insurance contract to another funeral home in Pikeville. The director there, she said, informed her that no money was available when he went to pick up the contract.

Each individual warrant filed Friday says that Justice may give $100,000 bail to be released from the Pike County Detention Center.

The Floyd County Times (Pike funeral director charged with 19 counts, 2/7/07 - also archived @ Newsbank) further reported that Justice denied the allegations, claimed funeral home employees embezzled the money, and that, if convicted, he faced up to 20 years in prison, a fine of up to $10,000 for each count (or twice the amount of gain), or both. The Lexington Herald-Leader (Funeral home owner faces charges on prepaid arrangements, 2/3/07 @ Newsbank) specified that KOI spokeswoman Ronda Sloan also noted a misdemeanor charge in addition to the 19 felonies, and that the Justice Funeral Home reopened as Pikeville Funeral Home in January after being purchased by Paul Burchell, owner of Salyersville's Magoffin County Funeral Home.