34-13-112
Section 34-13-112 Employment of embalmer or director by other establishments; supervision and control; licensing of establishment not to license embalmer or director. (a) All applications for a license to operate a funeral establishment shall show that a managing funeral director and managing embalmer are employed by the establishment. All applications for a license to operate a crematory shall show that a managing cremationist is employed by the establishment. This section shall not be construed to require a full-time licensed embalmer at each funeral establishment. No funeral establishment shall be licensed except upon the basis of employing a managing funeral director who lives within 75 miles of the funeral establishment. All embalming shall be performed under a licensed embalmer. A licensed embalmer is not restricted from working for more than one funeral establishment. (b) No managing funeral director, based upon whose license or licenses a funeral establishment license has been...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or college approved by the Alabama Board of Funeral Service and which maintains a course of instruction of not less than 48 calendar weeks or four academic quarters or college terms and which gives a course of instruction in the fundamental subjects including, but not limited to, the following: a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science, to include embalming technique, in all its aspects; chemistry of embalming, color harmony; discoloration, its causes, effects, and treatment; treatment of special cases; restorative art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry, organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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34-13-110
Section 34-13-110 Operation through licensed director or embalmer; name requirements; advertising cremation or cremation services. (a) Any person, corporation, partnership, society or group owning or operating a funeral establishment coming within this chapter may do so only through the services of a licensed funeral director or embalmer. No person not licensed as a funeral director or embalmer shall be permitted to perform the functions of a funeral director or embalmer as herein defined or hold himself or herself out to the public as such by reason of his or her ownership in a funeral establishment or by reason of his or her ownership of stock owned in or office held in a corporation to own or operate a funeral establishment. After September 10, 1975, no firm or corporation authorized to own and operate a funeral establishment may change or amend its name or charter so as to include in its firm or corporate name the name of any person who is not individually licensed as a funeral...
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34-13-120
Section 34-13-120 License required; crematory requirements; application and inspection; records; violations; rulemaking authority. (a) No person, firm, corporation, association, entity, or funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating dead human bodies, unless licensed by the board as a funeral establishment and the crematory being registered with the board and inspected by the board before any cremations of human remains are performed. (b) A crematory shall satisfy all of the following requirements and have the following minimum equipment, facilities, and personnel: (1) Registered with the board. (2) Inspected by the board before performing any cremations. (3) Fixed on the premises of a funeral establishment. For the purposes of this subdivision, fixed means permanently attached to the real property where the establishment is situated. (4) Owned by the same individual, partnership, or corporation as the funeral establishment. (5) Under...
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34-13-113
Section 34-13-113 Application for license; inspection of establishment; issuance of license. (a) Application for a license to operate a funeral establishment shall be made in writing on a form provided by the board. The application shall be verified by the applicant or, if the applicant is a corporation, firm, or other organization, by an officer or member thereof, and shall be accompanied by an application fee established by the board not to exceed five hundred dollars ($500). The application shall disclose all of the following: (1) The name and address of the establishment. (2) That the establishment is operated by a managing funeral director and a managing embalmer or a person licensed both as a funeral director and embalmer. (3) A description and photographs of the buildings, equipment, and facilities of the establishment. (4) That the establishment has a sanitary, properly equipped embalming room, a room suitable for public viewing or other funeral services that is able to...
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34-13-52
Section 34-13-52 Execution and display of licenses. (a) Licenses under this chapter shall be granted to individuals upon the qualification and successful examination of the individual applicant and shall specify the name to whom it is issued. A license, registration, or certificate granted under this chapter shall be on public display. (b) A funeral establishment license issued under this chapter shall include the name of the funeral establishment, the name of the managing funeral director, the name of the managing embalmer, and the certificate of authority license number, if applicable. The license shall be on public display. (c) Every license issued under this chapter shall be signed by the chair and executive director and shall be displayed in the place of business or employment of the licensee. (d) Any person engaged in the business, profession, or practice of funeral directing shall do each of the following: (1) Possess on his or her person, or be able to promptly produce, a...
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34-13-20
Section 34-13-20 Creation; composition; qualifications of members; appointment and removal from board. (a) There is established the Alabama Board of Funeral Service, consisting of nine members, each of whom shall be citizens of the United States and residents of the State of Alabama. (b) The appointing authorities shall coordinate their appointments to assure board membership is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state. (c) Commencing on January 1, 2019, as the terms of the members serving on the board on August 1, 2017, expire, the membership of the board shall be reconstituted to consist of seven professional members and two consumer members. (1) Each professional member of the board shall be a citizen of the United States, a resident of Alabama, and licensed and in good standing with the board as an embalmer or funeral director at the time of appointment and during the entire term of office. Professional members of the...
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34-13-53
Section 34-13-53 Renewal of licenses; authorization; attestation of identity; records. (a)(1) Before October 1, 2018, every licensed funeral director, licensed embalmer, and licensed operator shall pay annually a fee for renewal of his or her license. The renewal fees shall be set by the board at a rate not to exceed one hundred fifty dollars ($150) for licensed embalmers and funeral directors and five hundred dollars ($500) for licensed operators. (2) Commencing on October 1, 2018, every license or registration issued by the board under this chapter shall be renewed biennially upon submission by the licensee or registrant of a renewal application and a renewal fee established by board rule, not exceeding five hundred dollars ($500), for each licensed cremationist, embalmer, funeral director, and funeral establishment. (b) All licenses granted under this chapter shall expire on October 1, following their issuance or renewal, and shall become invalid unless renewed as provided in this...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses, etc.; hearing; fines. (a) The board may refuse to license any person or establishment for violation of this chapter. If the board refuses to issue, grant, or renew a license based on a violation of this chapter, including, but not limited to, violations listed in subsection (c), the licensee or prospective licensee may request a public hearing before the board to appeal the action of the board. The request for a public hearing shall be submitted to the board in writing within 14 calendar days after the date of the refusal. Upon request, the board shall provide the licensee or prospective licensee with 20 days' notice of the public hearing by United States certified mail. The public hearing shall be conducted pursuant to Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided by the board to any licensee for whom the board is considering the probation,...
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34-13-23
Section 34-13-23 Officers; rulemaking authority; compensation; executive director; disposition of funds. (a)(1) The board appointed under this chapter and each successor thereto is authorized to select from its own membership a chair and to adopt and promulgate such 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 funeral service profession in the State of Alabama as the board may deem expedient and consistent with the laws of this state and for the public good. (2) The chair shall preside at all meetings of the board unless otherwise ordered, and he or she shall exercise and perform all duties and functions incident to the office of chair. (3) The board may select also from its own membership a vice chair, a secretary, and a treasurer. No two offices shall be held by the same person. (b) The treasurer shall give bond to the State of Alabama in the sum of ten thousand dollars...
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