Code of Alabama

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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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