regulations in licensing 2015

Regulations in Funeral S

ervice Licensing, C

ontinuing Education

and Pre-need

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Printed June, 2015

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w.theconferenceonline.org

Regulations in Funeral Service Licensing,

Continuing Education and Pre-need

Compiled by The International Conference of Funeral Service Examining Boards, Inc.

The information on jurisdiction laws which is contained in this publication was compiled

by The

Conference for

comparative purposes

only. THE

CONFERENCE DOES

NOT ATTEST

TO THE

ACCURACY OF

THE INFORMATION. Any person who wishes to know the licensing requirement of a particular jurisdiction should contact that agency directly. This publication may not be sold or reproduced without specific written consent of The International Conference of Funeral Service Examining Boards, Inc.

1885 Shelby Lane, Fayetteville, AR 72704

479-442-7076 | www.theconferenceonline.org

Copyright 2015 The International Conference of Funeral Service Examining Boards, Inc.

TABLE OF CONTENTS

Page AGENCY CONTACT INFORMATION .......................................................... 1-2 GENERAL QUESTIONS .............................................................................. 3-4 REQUIREMENTS AND ASSOCIATED FEES FOR INDIVIDUAL LICENSURE

FUNERAL DIRECTOR ..................................................................... 5-6 EMBALMER ..................................................................................... 7-8 FUNERAL DIRECTOR/EMBALMER .............................................. 9-10 ADDITIONAL LICENSES .............................................................. 11-12

BUSINESS LICENSE REGULATIONS .................................................... 13-15 CEU REQUIREMENTS & ENDORSEMENT/RECIPROCITY ................ 16-18 PRE-NEED REGULATIONS .................................................................... 19-21 FOOTNOTES ............................................................................................... 22

AGENCY CONTACT INFORMATION

Agency Phone Website Email Alabama Board of Funeral Service 334-242-4049 www.fsb.alabama.gov [email protected]

Alaska Division of Corporations, Business & Professional Licensing 907-465-3811 www.commerce.state.ak.us/occ/pmor.htm [email protected]

Alberta Funeral Services Regulatory Board 780-452-6130 www.afsrb.ab.ca [email protected]

Arizona State Board of Funeral Directors & Embalmers 602-542-3095 www.azfuneralboard.us [email protected]

Arkansas State Board of Embalmers & Funeral Directors 501-682-0574 www.arkansas.gov/fdemb [email protected]

California Cemetery and Funeral Bureau 916-574-7870 www.cfb.ca.gov [email protected]

Colorado Department of Regulatory Agencies 303-894-7754 www.dora.colorado.gov [email protected]

Connecticut Department of Public Health, Embalmer and Funeral Director Licensing 860-509-7603 www.ct.gov/dph/license [email protected]

Delaware Division of Professional Regulation 302-744-4500 www.dpr.delaware.gov [email protected]

District of Columbia Department of Consumer & Regulatory Affairs 202-442-4339 www.pearsonvue.com/dc/funeral_director [email protected]

Florida Department of Financial Services Division of Funeral, Cemetery and Consumer Services 850-413-3039 www.myfloridacfo.com/funeralcemetery [email protected]

Georgia State Board of Funeral Service 478-207-2440 www.sos.georgia.gov/plb/funeral [email protected]

Hawaii, Sanitation Branch — Department of Health 808-586-8000 www.health.hawaii.gov [email protected]

Idaho Board of Morticians 208-334-3233 www.ibol.idaho.gov [email protected]

Illinois Department of Financial & Professional Regulation 217-785-5966 www.ildpr.com [email protected]

Indiana Professional Licensing Agency 317-234-3031 www.in.gov/pla [email protected]

Iowa Department of Public Health, Bureau of Professional Licensure 515-281-5234 www.idph.state.ia.us/licensure [email protected]

Kansas State Board of Mortuary Arts 785-296-3980 www.kansas.gov/ksbma [email protected]

Kentucky Board of Embalmers & Funeral Directors 502-426-4589 www.kbefd.ky.gov [email protected]

Louisiana State Board of Embalmers & Funeral Directors 504-838-5109 www.lsbefd.state.la.us [email protected]

Maine State Board of Funeral Service 207-624-8626 www.maine.gov/professionallicensing [email protected]

Funeral Board of Manitoba 204-947-1098 www.gov.mb.ca/funeraldirectorsboard [email protected]

Maryland Board of Morticians and Funeral Directors 410-764-4792 www.dhmh.maryland.gov/bom [email protected]

Massachusetts Board of Embalming & Funeral Directing 617-727-1718 www.mass.gov/dpl/boards/em [email protected]

Michigan Board of Examiners in Mortuary Science 517-241-9288 www.mi.gov/mortuaryscience [email protected]

Minnesota Department of Health, Compliance Monitoring 651-201-3829 www.health.state.mn.us/divs/hpsc/mortsci [email protected]

Mississippi State Board of Funeral Service 601-932-1973 www.msbfs.ms.gov [email protected]

1

2

Missouri State Board of Embalmers & Funeral Directors 573-751-0813 www.pr.mo.gov/embalmers.asp [email protected]

Montana Board of Funeral Service 406-841-2394 www.funeral.mt.gov [email protected]

Nebraska Board of Funeral Directing & Embalming 402-471-2117 www.dhhs.ne.gov/publichealth/pages/crl_mhcs_fun_funeraldirecting.aspx [email protected]

Nevada State Funeral Board 775-825-5535 www.funeral.nv.gov [email protected]

New Hampshire Board of Registration of Funeral Directors & Embalmers 603-271-4648 www.nh.gov/funeral [email protected]

New Jersey State Board of Mortuary Science (as of 2013) 973-504-6425 www.state.nj.us/mort [email protected]

New Mexico Board of Funeral Services 505-476-4604 www.rld.state.nm.us [email protected]

New York Department of Health — Bureau of Funeral Directing 518-402-0785 www.health.ny.gov [email protected]

North Carolina Board of Funeral Service 919-733-9380 www.ncbfs.org [email protected]

North Dakota State Board of Funeral Service 701-776-6222 www.nd.gov/funeral [email protected]

Ohio Board of Embalmers & Funeral Directors 614-466-4252 www.funeral.ohio.gov [email protected]

Oklahoma Funeral Board 405-522-1790 www.ok.gov/funeral [email protected]

Ontario Board of Funeral Services 416-979-5450 www.funeralboard.com [email protected]

Oregon Mortuary & Cemetery Board 971-673-1507 www.oregon.gov/mortcem [email protected]

Pennsylvania State Board of Funeral Directors 717-783-3397 www.dos.state.pa.us/funeral [email protected]

Rhode Island State Board of Funeral Directing/Embalming (as of 2013) 401-222-2828 www.health.ri.gov [email protected]

Funeral & Cremations Services Council of Saskatchewan 306-584-1575 www.funeralinfo.ca [email protected]

South Carolina Board of Funeral Service 803-896-0379 www.llr.state.sc.us/pol/funeral [email protected]

South Dakota State Board of Funeral Service 605-642-1600 www.doh.sd.gov/boards/funeralboard [email protected]

Tennessee Board of Funeral Directors & Embalmers (as of 2013) 615-741-5062 www.state.tn.us/regboards/funeral [email protected]

Texas Funeral Service Commission 512-936-2474 www.tfsc.state.tx.us [email protected]

Utah Board of Funeral Service 801-530-6628 www.dopl.utah.gov [email protected]

Vermont Board of Funeral Service 802-828-1501 www.vtprofessionals.org [email protected]

Virginia Board of Funeral Directors and Embalmers 804-367-4479 www.dhp.virginia.gov/funeral [email protected]

Washington Department of Licensing, Funeral & Cemetery Board 360-664-1555 www.dol.wa.gov/business/funeralcemetery [email protected]

West Virginia Board of Funeral Service Examiners 304-558-0302 www.wvfuneralboard.com [email protected]

Wisconsin Funeral Directors Examining Board 608-266-2112 www.dsps.wi.gov [email protected]

Wyoming State Board of Embalming 307-777-5403 www.plboards.state.wy.us [email protected]

What types of individual licenses are available?

GENERAL QUESTIONS

Who monitors licensing for individuals?

Embalmer

Mortician

Funeral Board Government Office/Dept. Funeral

Director Funeral Director/

Embalmer Other

Alabama Alabama

Alaska Division of Commerce, Community and Economic Development Alaska

Alberta Alberta Business Manager, Pre-Need Sales Arizona Arizona Intern, Embalmer Asst., Salesperson Arkansas Arkansas

California Department of Consumer Affairs, Cemetery and Funeral Bureau California

Colorado* Colorado* No licensing is required by the state. Voluntary certification is available through the CO Funeral Directors Association

Connecticut Connecticut Delaware Division of Professional Regulation Delaware Dist. of Columbia Dist. of Columbia Florida Florida Georgia Georgia Apprentice Hawaii Sanitation Branch - Dept. of Health Hawaii

Idaho Idaho

Illinois Illinois Funeral Director & Embalmer Intern

Indiana Indiana Funeral Director Intern

Iowa Iowa Intern Kansas Kansas

Kentucky Kentucky

Louisiana Louisiana

Maine Dept of Professional & Financial Regulation Maine Attendants, Practitioner trainee

Manitoba Manitoba

Maryland Maryland (mortician) Surviving Spouse, Executor of Estate

Massachusetts Massachusetts

Michigan Corporations, Securities & Commercial Licensing Bureau Michigan Mortuary Science Licensee

Minnesota Department of Health Minnesota

Crematory Operator

Transporter

3

Mississippi Mississippi Missouri Missouri

Montana Montana (mortician) Crematory Technician

Nebraska Nebraska Nevada Nevada Funeral Arranger New Hampshire New Hampshire New Jersey (as of 2013) New Jersey (as of

2013)

New Mexico New Mexico Funeral Service Intern

New York Department of Health/Bureau of Funeral Directing New York (Includes

Embalming)

North Carolina North Carolina Crematory Manager (permit) North Dakota North Dakota Ohio Ohio Oklahoma Oklahoma Burial Association Agent

Ontario Board of Funeral Services Ontario Transfer Service Sales Representative, Funeral Preplanner

Oregon Oregon Apprentice, Death Care Consultants, Preneed Salespersons

Pennsylvania Pennsylvania Supervisor Rhode Island (as of 2013) Rhode Island (as

of 2013)

Saskatchewan Saskatchewan Salesperson South Carolina South Carolina South Dakota South Dakota Tennessee (as of 2013) Tennessee (as of

2013)

Texas Texas

Utah Division of Occupational and Professional Licensing Utah Funeral Service Intern

Vermont Vermont Virginia Virginia

Washington Department of Licensing Washington Academic, Funeral Director, & Embalmer Intern

West Virginia West Virginia Courtesy Card Wisconsin Wisconsin Funeral Director Apprentice

Wyoming Wyoming Chemical Disposer, Apprentice Funeral Service Practitioner

Funeral Board Government Office/Dept. Funeral

Director Funeral Director/

Embalmer Crematory

Operator Other

Embalmer

Mortician

Transporter

4

Jurisdictions with Funeral Director Only License

Education Requirements Exam Requirements & Fees (if provided)

Apprenticeship/Internship Requirements License

Fee

License Renewal Fee & Frequency Minimum

Age for Licensure ABFSE

program Other Educational Requirement NBE ($500) SBE LRR Served in state/province? Before,

during, or after training, etc. Case

Reports Renewal

Fee

Alabama Bachelor’s Degree, certificate from an accredited

mortuary program as having completed the Funeral Arts courses

$200

$140 Served in AL during training 40 $100 $100 18

Alaska $60 Served after training 24 $225 $225 NA

Alberta Graduate from Mount Royal University or Canadian College of Funeral Services Province Exam $300 Served during training

(must participate in 25 arrangements) 25 $100 $100 18

Arizona Associate of Mortuary Science, HS or GED $200

$80 Served in AZ after training 25 $85 $85 NA

Arkansas High School graduate or equivalent $100 Served in AR, 2 year apprenticeship 50 $40 $30 18

California Associate of Arts/Science or equivalent/higher degree

$100 NA $200 $200 18

Connecticut Associate’s Degree in Mortuary Science Served in CT $210 $110 21

District of Columbia Bachelor’s or Associate’s Degree Served in DC 25 NA NA 18

Florida or higher degree in any subject matter plus Funeral Service Arts program accredited by

ABFSE & approved by Division

$200

$132 Served in FL, 1 year $375 $375 18

Georgia Embalmer is a prerequisite 50 $50 $100 18

Idaho 60 semester hours or 90 quarter hours of

instruction from a duly accredited college or university

Served in ID, (25 arrangements & 25 funerals conducted) 25 & 25 $85 $85 21

Kansas 60 semester hours of college (20 in designated subjects) Served after training, must be under

supervision of KS funeral director 25 $228 Prorated to renewal date $228 18

Kentucky Option to do a 3 year apprenticeship and obtain Funeral Director license

$75-$150

$75

Served before, during, or after training in KY, 1 year: 2 reports, 2 year: 4 reports, 3 year: 6 reports NA $75-150 18

Louisiana Minimum of 30 college freshman semester hours from a SACS or equivalent university

$200 Served during or after training in LA 30 $250 $80 18

Manitoba Program offered by approved school Not Specified Served in MB during training, approved

school requires a practicum be completed

$250 $250 18

Maryland Associate’s of Mortuary Science, Bachelor’s plus certificate

$265 Served in MD during training 40 $600 $600 18

Mississippi High school or GED $200 Served before training in MS 8 $50 $50 18

Bi-Annually

Annually

5



Fee





Reports Renewal

Fee

Missouri Can serve 12 consecutive month apprenticeship in lieu of formal education

$200

$140 Served in MO, proof of 10 funeral

services conducted 10 $200 $200 18

Nevada NA $300

$240 NA $375 $200 18

New York “Registered Resident” Served after graduation in NY $125 $125 Not

Specified

North Carolina or a mortuary science college approved by the Board

$350

$150 Served in NC before, during or after

training 25 $150 $75 18

Ohio Bachelor’s degree in any field $200

$140 Served in OH $140 $140 18

Oklahoma 60 semester hours from regionally accredited institution of higher education

$100 Served in OK, 12 months of

apprenticeship completed before being licensed

25 $75 $75 20

Ontario Ontario College Diploma—Funeral Director-Class 2 Board & LRR Exam $250 Served in ON after training, Success

Passport Funeral Director—Class 2 $250 $200 18

Oregon Associate’s Degree, 4 years of licensed experience in lieu of degree is an option

$100

$100 Served in OR before education or

after education completed 25 $80 $80 18

Pennsylvania Served after graduation 35 NA $400 21

Saskatchewan Graduate of Funeral Service program at institution recognized by Council Served in SK after training $160 $160 Not

Specified

South Carolina Bachelor’s Degree, 1 year mortuary college or

60 accredited college hours, 24 of 60 must come from law book list

$200

$140

Served before, during, or after training in SC 50 $100 $120 18

Tennessee (as of 2013) Certificate from an ABFSE approved program

evidencing not less than thirty semester hours $200

$125

Served in TN, quarterly reports filed with 60 day for which credit is sought

$275 license fee

$200 app fee $275 18

Texas Certificate Program $200

$84 (as of fall 2015)

Served in TX before, during or after training

45 (as of 9/1/15) $95 $71 18

Vermont NA $70 $300 Not Specified

Washington Associate’s in Mortuary Science $140

Served in WA during training, 25 arrangements and at least 1800 hours

of employment 25 $100 $135 18

Annually Bi-Annually

6

Jurisdictions with Embalmer Only License



Fee





Reports Renewal Fee

Alabama $200

$140 Served in AL during training 40 $100 $100 18

Alaska $60 Served after training 24 $225 $225 18

Alberta Graduate from Mount Royal University or Canadian College of Funeral Services

Must pass exam from Mount Royal University or Canadian College of Funeral Services

Served during training, must complete 1800 hours of logged funeral practice $100 $100 18

Arizona Associate of Mortuary Science, HS or GED $200

$80 Served in AZ after training completed 25 $85 $85 NA

Arkansas Associate’s Degree in Mortuary Science, High School graduate or equivalent

$100 Served in AR before, during, or after

training—(See AR Footnote 1) 50 $40 $30 18

California $150

Served in CA before, during or after training 100

Included in Application

Fee $100 18

Connecticut Associate’s Degree in Mortuary Science Served in CT after training $210 $110 21

Florida Mortuary Science course approved by Division $132 Served in FL, 1 year $375 $375 18

Georgia Served in GA 50 $50 $100 18

Hawaii $25 $25 Not Specified

Kansas Associate’s in Mortuary Science or equivalent Served after training $168

prorated to renewal date

$168 18

Kentucky Associate’s Degree $75

$75

Served in KY before, during or after training, 1 year—2 reports NA NA NA

Manitoba Program offered by the approved school NA Served during training in MB,

approved school requires a practicum be completed

$250 $250 18

Missouri $200

$140 Served in MO after training 25

$200 & $25 for practicum

student $200 18

NA

50

Minnesota (Mortician) Bachelor’s Degree in Mortuary Science

$100 Served after training, but must be supervised by a MN licensee 75 $125 $125 18


7



Fee





Reports Renewal Fee

Nevada 60 semester or 90 quarter hours of general

college ed not including mortuary college and one year of an ABFSE approved program

$200 Served in NV 50 $375 $200 18

New Hampshire 30 credits of postsecondary education

Practical exam $150

Served before, during or after training in NH, 2000 hours 50 $55 $55 18

North Carolina Graduate of mortuary science college approved by Board

$350

$150 Served before, during or after training

in NC 25 $150 $75 18

Ohio Bachelor’s degree in any field

$140 Served in OH 25 $140 $140 18

Oklahoma $100

Served in OK, 12 month apprenticeship completed before

being licensed 25 $75 $75 20

Oregon Served in OR can be served before education or after education 35 $80 $80 18

Saskatchewan Graduate of embalming program at institution recognized by Council

Served after completion of training in SK, 30 embalmings-5 autopsied

cases 35 $160 $160 Not

Specified

South Carolina Associate’s Degree

$200

$140

Served before, during or after training in SC 50 $100 $120 18

South Dakota 60 semester hours of approved college coursework

$50 Served in SD 25 $125 $125 18

Tennessee (as of 2013) Associate of Science

$125 Served in TN, quarterly reports filed

with 60 day for which credit is sought $275 license fee & $200 application

fee $275 18

Texas Associate’s Degree in Mortuary Science

$84 (as of fall 2015)

Served in TX before, during, or after training, 45 case reports

45 (as of 9/1/15) $95 $71 18

Vermont $70 $300 Not Specified

Washington Associate’s Degree in Mortuary Science,

without a degree must complete an alternative mortuary science college program of at least

60 semester hours or 90 quarter hours

$140 Served in WA during training, 3600

hours of employment 25 $100 $135 18

No information provided


8

Jurisdictions with Funeral Director/Embalmer Combination License



Fee





Reports Renewal Fee

Alaska $60 Served after training in AK 24 $225 $225 18

Alberta Graduate from Mount Royal University or Canadian College of Funeral Services

Province Exam $300

Served during training, must have 1800 hours of logged funeral practice 25 $175 $175 18

Arkansas Associate’s Degree in Mortuary Science, High School graduate or equivalent

$100 Served in AR before, during, or after

training 100 for each $80 $60 18

Delaware $140 Served in DE after training 25 $143 $143 18

Florida or associate or higher degree in any subject

matter along with Mortuary Science Certificate approved by Division

$242 Served in FL, 1 year $375 $375 18

Illinois Bachelor of Arts/Science, Associate of Arts/Science Served after training in IL 48 $100 $100 18

Indiana $50

$50 Served in IN after training 4 $50 $50 18

Iowa a minimum of 60 semester hour credits from a regionally accredited college Served after training 25 for

each $120 $120 Not Specified

Kentucky $75

$75

Served in KY, 1 year—2 reports, 2 years—4 reports, 3 years—6 reports $150 $150 18

Louisiana Served during or after training in LA 30 $250 $80 18

Maine Two year Associate’s Degree in Mortuary Science $75

practicum

$140 2000 hours served in ME during

training $230 $230 18

Manitoba 2 year certificate program in the approved school

Served during training in MB, practicum to be completed during the

program $250 $250 18

Maryland (mortician) Associate’s in Mortuary Science or Bachelor’s

Degree plus certificate $265

Served two-thirds through training in MD 40 $600 $600 Not

Specified

Massachusetts Associate of Science $424 Served before, during, or after training 50 $66 $155 Not

Specified Mississippi Associate’s Degree in Mortuary Science Served before or during in MS 25 $50 $50 18

Montana (Funeral Director/Mortician)

Associate’s Degree in Mortuary Science , 30

semester or 45 quarter credits approved by board not applied to Mort. Sci degree (effective 10/1/15)

$100 Served after training 25 $375 $450 annually 18


9



Fee





Reports Renewal Fee

Nebraska plus 60 semester hours college credits in specific areas Apprenticeship served in NE before or

after training 25 $90 $90 19

New Hampshire 30 credit hours post-secondary education

$150 NA $150 $150 NA

New Jersey (as of 2013) Bachelor of Arts/Science, Associate of Arts/

Science $125

Served in NJ, case reports once a month for duration of internship—

minimum of 75 embalmings required $250 $125—$250 Not

Specified

New Mexico Associate’s Degree in Mortuary Science $100 Served before training in NM 50 $200 $150 18

North Carolina $350

$150

Served before, during, or after training in NC 25 $350 $100 18

North Dakota Associate’s Degree plus 60 semester/90 quarter hours not used for assoc. degree Served after training 25 $100 $100 18

Ohio $140 Served in OH 25 $280 $280 21

Ontario Ontario College Advanced Diploma—Funeral Director—Class 1 Board & LRR exam

$350 Served in ON after training, Complete

Success Passport for Funeral Director—Class 1

$250 $200 18

Oregon Served in OR before education or after education completed 25 & 35 $160 $320 NA

Rhode Island (as of 2013) Associate of Science Served in RI, reports due quarterly $30 $30 Not

Specified

South Carolina Associate’s Degree $200

$140

Served before, during or after training in SC 50 each $150 $120 18

Texas Associate’s in Mortuary Science

$84 (as of fall 2015)

Served in TX before, during, or after training (case reports: as of 9/1/15)

45 for both $190 $71 per license 18

Utah $72

Served before, during or after training, at least 2,000 hours 50 $160 $88 HS Grad or

GED

Virginia $150

Served in VA before, during, or after training 25 & 25 $150 $125 18

Washington $140

Served in WA, 1800 hours funeral directing, 3600 hours embalming

submitted quarterly 25 & 25 $200 $270 18

West Virginia Associate’s Degree or 60 hours of undergrad

work (if individual has Bachelor’s in Mort. Science, undergrad. is not needed)

$250 Served in WV before or after

completion of training 35 $175 $175 NA

Wisconsin Served in WI 50 $75 $170 18

Wyoming

Bachelor’s Degree in funeral service practice or mortuary science or Associate’s degree in funeral service practice or mortuary science & completion of 60 credit hours from accredited

college or university

Served in WY before, during, or after

of training, case reports every 6 months—not to exceed 3 years

$125 $125 18


10

Additional Licenses by Jurisdiction

Type of License Educational Requirement

Exam Requirements & Fees (if provided)


Fee


Age for Licensure NBE

($500) SBE LRR Served in state/province? Before, during, or after training, etc.

Case Reports Renewal Fee

Alaska Transporter No specific requirements NA NA $50 NA 18

Alberta Business Manager Must be a licensed Funeral Director or

Funeral Director/Embalmer NA

PreNeed Sales Must complete a Pre-Need On-Line Course via Canadian College of Funeral Services Province Exam $300 NA $100 $100 18

Arizona Crematory Operator Certificate, 1 day course hands on training w/ approved providers

Arkansas

Crematory Operator

High School diploma/GED

$100 NA TBD

TBD 18

Transporter

(effective end of 2015)

None NA $385 $50 (See AR Footnote 2)

Idaho Mortician 60 semester hours or ninety quarter hours

of instruction from a duly accredited college or university.

Served in ID, (25 arrangements, 25 funerals conducted, 25 embalmings)

25, 25,

25 $85 $85 21

Illinois Funeral Director/Embalmer Intern

Bachelor of Science, Associate of Arts, Graduate of ABFSE program NA Served after training in IL 48 $50

$100 (max of 2 renewals—then must reapply)

18

Kansas Crematory Operator HS equivalent NA (Must complete 2 hours of CE every

two years) $50 Prorated

to renewal date

$50 18

Kentucky Crematory Operator 48 hours of training NA NA $50 NA NA

Louisiana Crematory Operator

HS diploma/GED, crematory operator training certificate from manufacturer NA NA $250 $80 21

Maryland

Crematory Operator Ability to read & write, certification NA $300 $300 18

Transporter High School diploma/GED Must take courses in Regs, Blood Borne Path, OSHA, Human Dignity Act $40 NA 18

Surviving Spouse None, deceased domestic partner or spouse that has died

$265 None $600 $600 Not Specified

Michigan Mortuary Science Licensee

3 year mortuary science program at an accredited college or university

$50 Served before, during or after training 25 $40 $80 Not Specified

Mississippi Crematory Operator

None, Certified Crematory Operator Certificate (Training Certificate) $100 $100 18

Missouri Preneed Agent NA

$140 None $50 $50 18

Preneed Agent Funeral Director must register with board office NA None NA 18

NA


11

Type of License Educational Requirement

Exam Requirements & Fees (if provided)


Fee


Age for Licensure NBE

($500) SBE LRR Served in state/province? Before, during, or after training, etc.

Case Reports Renewal Fee

Montana

Crematory Operator High School diploma/GED NA NA NA None $300 $150 NA

Crematory Technician None NA NA NA Summary of crematory training &

supervised by Crem. Operator $300 $150 18

Nevada Funeral Arranger None $240 None $375 $200 18

New Mexico Funeral Service Intern High School diploma

$100 NA $200 $75—$150 18

North Carolina

Transporter HS diploma/GED NA (Other: must provide proof of insurance and 3 affidavits of character) $125 $75 18

Crematory Manager (Permit) Pending legislation to require FD or FS license in order to serve as a crematory manager. $150 $40 18

Ontario

Funeral Preplanner Ontario College Certificate Board & LRR

$250 Served after training in ON,

Completion of Success Passport $250

$200 18

Transfer Service Sales

Representative Ontario College Certificate

Board & LRR $250

Served after training in ON,

Completion of Success Passport $250 $200 18

Oregon Crematory Operator Must pass background check and pay principal and manager fees.

Saskatchewan

Crematory Operator Not specified

$160 NA NA Not

Specified

Transporter Not specified NA NA $160/Initial Compliance Review $200

$160 Not

Specified

Salesperson Grade 12 $75

serve 6 month training period, present during: 6 complete arrangements, execution of 10 prepaid contracts,

assist at 10 funeral services $160 $160 Not

Specified

Washington Funeral Director/Embalmer Intern NA NA

Served in WA, 1800 hours & 3600 hours submitted quarterly. (5 year

limit on interns) 25 & 25 $135 per

profession $90 per

profession 18

West Virginia

Crematory Operator

High School diploma/GED, certificate of 8 hours training in operation of retort NA NA $120 $120 18

Courtesy Card must be licensed funeral director/embalmer in adjoining state NA NA $300 $300 18


12

Business Licensure Regulations

Who Monitors Licensed Establishments?

Business Licensure Requirements by Jurisdiction What is License Fee? Renewal Period?

What Types of Establishments Are Inspected? By Whom? How Often?

What Is the Procedure if an Establishment Fails an

Inspection?

Funeral Board Other Establishment Branch

Establishment Crematory Cemetery Preneed Funeral Homes Crematories Cemeteries

Alabama $400 initial/ $250 renewal

$400 initial/ $250 renewal

minimum annually by

funeral board

minimum annually by

funeral board

Time frame given to correct before re-inspect, citation, or hearing before the

board. Alaska Govt office/depart.

Alberta $150 annually $100 annually $100

annually annually by bd.

inspector annually by bd.

inspector License can be cancelled, suspended or conditions placed

Arizona $500 $100 $85 once every 5

yrs. by licensing administrator

Allow time to correct to be in compliance

Arkansas semi-annually to annually by bd.

inspector

semi-annually to annually by bd.

inspector

Noted on inspection report, requirement to correct within next 6

months (depends on violation)

California Cemetery & Funeral Bureau $400 annually $400

annually $400

annually every 12-18 months by

bureau annually by

bureau annually by

bureau Warning letter; citation; citation with fine; administrative accusation; no

action

Colorado Government office/department

$544 each annually $544 each

annually NA

Connecticut CT Dept. of Public Health $375 annually $375

annually annually by compliance specialist

annually by dept. of health Plan of Correction or Civil Penalty

Delaware Government office/department

$143 every 2 years

$143 every 2 years None

Dist. of Columbia NA every 2

years NA every 2

years initial licensure by bd member notified of needs & given time to

correct pending second inspection Florida (See Foot note 1&2)

Divis. of Funeral

Service, Cemetery & Cons. Services

$905 every 2 years $255 - $4905

annually $300 -

$18,500 annually

annually by division



Disciplinary action (citations up to cease and desist orders)

Georgia $150 every 2 years $150 every 2

years $100

annually $250

annually annually annually annually Citation and fine

Hawaii Dept. of Commerce & Consumer Affairs None (only embalm.)

annually No “failure”, they must correct

infarction. If unwilling or unable, admin. civil fines.

Idaho Board of Morticians & IBOL $125 annually $200

annually $50 annually

annually, bd. member issuance

annually, bd. member issuance Possible complaint filed

Illinois None

Indiana IPLA $50 every 2 years

$50 every 2 years $100—does

not expire IPLA, new funeral home facilities and random as time allows, cemeteries & crematories as needed

Complaint is filed with Attorney General

Iowa $90/3 years $90/3 years None

Kansas $650 every 2 years

$650 every 2 years

$650 every 2 years twice a year by

st. board twice a year by

st. board Letter; follow up inspection; fine if not corrected

Kentucky $150 annually annually by bd. inspector Up to Board Inspector, if needed,

licensee comes before board

NA

13

Who Monitors Licensed Establishments?




Inspection?



Louisiana $1500 initial/$700 annually

$1500 initial/$700 annually

$1500 initial/$700 annually twice annually by

inspector twice annually by inspector Complaint Review Committee

decides action

Maine $230 annually $230 annually Random by inspector Complaint filed with Board

Manitoba $500 annually $500 annually $110 annually $500 initial/ $275 annually

$27.50 annually

every 1-3 yrs by bd. inspector

Inspector, under review

Inspector, under review

Recommendations made to allow FH to make changes

Maryland $700 bi-annually

$700 bi-annually

$350 bi-annually

minimum once every 2 yrs by bd. inspector

Massachusetts $40 one-time annually by bd. investigator Fines, Probation, etc.

Michigan Corporations, Securities & Commercial Licensing Bureau

$110 bi-annually

$1500 app $20 renew annually

$1500 app $20 renewal

annually $30 every 3

years new license or

complaint filed by inspector

NA

Minnesota MN Department of Health $300 annually $300 annually $300 annually every 2 yrs by mort. investigator

every 2 yrs by mort. investigator Correction orders

Mississippi $375 bi-annually

$375 bi-annually

$375 bi-annually

opening & once every 2 years by

inspector

opening & once every 2 years by inspector

Fined and another inspection

Missouri $300 bi-annually $300 bi-

annually Seller $200

Provider $200 annually (if

estab. $100)

minimum annually by

invest./inspect.

minimum annually by

invest./inspect. Notification mailed

Montana $450 annually $75 annually $450 annually $1500 every 5 years annually by bd.


inspector 5 yrs. bd. inspector Disciplinary Panel

Nebraska & Division of Public Health

$250 bi-annually $75 bi-annually $300 bi-

annually every 4 yrs & for cause by bd & contr. inspector

every 4 yrs & for cause by bd & contr. inspector

Given 30 days to correct

Nevada $375 bi-annually

Direct cremation

facility $375 bi-annually

$375 bi-annually

$1000 bi-annually annually by Bd

Inspector annually by Bd

Inspector annually by

Bd Inspector

Depends on severity, time for correction, complaint filed w/ AG

office

New Hampshire $500 every 5

years every 3 yrs by funeral bd.

every 3 yrs by funeral bd. Notified of deficiencies

New Jersey (as of 2013) $500 bi-

annually $500 bi-annually every 2 yrs by

enforcement bur. Fine, reinspection or possible suspension

New Mexico $400 annually $400 annually annually by state inspectors

annually by state inspectors Fines assessed & re-inspection w/in

30 days to make sure up to code

New York NYS Dept. of Health Bureau of Funeral Directing

$400 initial, $300 bi-annually NA

North Carolina $250 initial, $200 annually $400 initial,

$150 annually $150 annually

every 3 yrs, change of

ownership by bd.

every 3 yrs, ownership

change by bd. correct/reinspect or suspend license

North Dakota $100 annually $35 annually $100 annually every 1-2 yrs by health dept.

every 1-2 yrs by health dept. Correct issue

None

14

Who Monitors

Licensed Establishments?




Inspection?



Ohio $250 bi-annual

emb. facility: $200 bi-annual

$200 bi-annual annually by bd.


inspector Violation is written against them, must correct in a certain time period

Oklahoma $750 initial / $250 annually

$750 initial / $250 annually

$750 initial / $250 annually as necessary by

board as necessary by

board Complaint is issued

Ontario $200 plus $16

per call /annually

every 2-3 yrs by Bd. inspector Depends on situation, possible license

condition, discipline licensee, etc

Oregon Oregon Mortuary & Cemetery Board

$150 / $700 bi-annual

$150 / $200, $2 per crem.

bi-annual

$150 / $0—$1200 max bi-

annual

$150 / $50 bi-annual

Board action

Pennsylvania $400 bi-annual $400 bi-annual by State

Inspector Not specified

Rhode Island (as of 2013) Health

Department $120 annually $120 annually $120 annually Twice annually by St. Inspector

Twice annually by St. Inspector Possible probation—given 30 days to

correct

Saskatchewan $200 annually transfer svc: $200 annually $200 annually

Annually by Resource &

Comp. Officer

Annually by Resource &

Comp. Officer Disciplinary action for serious

infractions, otherwise written notice

South Carolina $350 bi-annual $350 bi-annual $350 bi-

annual by Inspector new opening/annually

by Inspector new opening/annually Re-inspect in 30 days

South Dakota $250 annually $100 annually by board member annually

by board member annually Re-inspection takes place, if failed

Board and attorney decide on action Tennessee (as of 2013) Government

agency $575

bi-annual $575 bi-annual

$500 / $1000 annually

$750 bi-annually

annually by st. board

annually by st. board

every 2 yrs by burial svcs Complaint opened

Texas $462 annually $462 annually $101 annually annually or bi-annually by TFSC inspectors Given notice & limited time to correct, failure may result in violation against

license

Utah Division of Occupational and Prof. Licensing

Combined Establishment and Preneed provider application fee $250—renews every two years (crematory is an establishment)

As needed by division investig.

As needed by division investig Disciplinary action against the license

Vermont $70 bi-annual $70 bi-annual every 2 years by VT inspector

every 2 years by VT inspector Must submit a corrective action plan w/

in 30 days & facility will be reinspected

Virginia $600 annually $600 annually $250 annually every 3 years by bd. enforce. staff

every 3 years by bd. enforce. staff Granted 14 days to comply, if not in

compliance, given a consent order

Washington Dept of Licensing, Revenue, Health,

Insurance Commissioner

$400 /$295 annually

$350 / $295 annually

$210, $7.20 per cremation

annually $300, $5.58 per burial

$250 / $205

annually annually by Dept.

of Licensing annually by Dept.

of Licensing Re-inspection

West Virginia $400 bi-annual $275 bi-annual $350

bi-annual by bd. inspector annually

by bd. inspector annually given period to comply

Wisconsin $75 / $170 bi-annual opening &

random by DSPS Investigation

Wyoming $150 / $200 annually

Chemical Disp. facility: $200

annually $125 / $200

annually Annually by board

Annually by board depends on reason for failure

minimum every 2 years by board

Business Licensure Regulations cont.

15

CEU Requirements, Endorsement & Reciprocity Regulations

CEU Requirements Endorsement & Reciprocity Regulations

Hours Required Monitoring? Penalty for Non-Compliance Are there any other requirements for those licensed in another jurisdiction

other than minimum?

Do the Same License Fees

Apply? # of

Hours Year(s)

Alabama 8 year Audits License not renewed until hours are obtained & late penalties/fees are paid No No Initial fee is $250

fd, $250 emb Alaska NA

Alberta 12 3 years Random Visits,

Must submit hours w/

renewal app.

License is not renewed or conditions are placed Cross Canadian

Agreement Must challenge Albert exam on Alberta

legislation Labour Mobility

agreement Yes

Arizona 12 year Renewals Extension—time permitted to renew None Must meet AZ requirements NA NA

Arkansas 6 year Audits Letter of reprimand/caution may be issued,

refusal to issue/renew license, suspend/revoke license, probation after hearing & licensee guilty

Pass the AR LRR exam and be minimally licensed 5 years in other state No Yes

California CEU Not required Embalmers licensed in another state & practiced for 3 of last 7 years prior to app. are not required to complete apprenticeship.

Must meet all other requirements & pass exam. No Yes

Colorado NA Connecticut 6 year Random check Probation until CEU completed No No Yes

Delaware 10 2 years Audits Extension granted for 60 days No Yes Yes

Dist. of Columbia 12 year Audits Suspension—pending compliance No VA & NC Yes

Florida* (1 must be communi-cable disease course)

12 2 years Not Specified License becomes expired/delinquent NA No Yes

Georgia 10 2 years NA Suspension until CE met, fine, probation, reprimand NA No Yes

Hawaii CEU Not Required No No Yes

Idaho 8 year Audits Disciplinary action Pass the ID State Jurisprudence Exam No Yes

Illinois 12 year Audits Board may impose fine/disciplinary action Active licensure no discipline, affidavits of active practice for at least 1 year No Yes

Indiana 5 year Audits Fine (Up to $1,000) Pass the state law exam No Yes

Iowa 24 2 years Audits Board reviews on case by case basis Verification from states where licensee was previously licensed No Yes

Kansas 12 2 years Random visits, Audits

Extension of 1 year, If hours are not obtained, license(s) placed on inactive status Funeral directors must be licensed for a

minimum of one year No Yes

Kentucky* (6 must be in classroom setting)

12 year Audits License will be suspended until renew with all corrected requirements & late fees NA No

Reciprocal $250 dual license, single $125

Louisiana 4 year Reports/Forms Placed on Inactive status & must comply to remain in active status to practice No No Yes

Special Agreements w/

Other Jurisdiction?

Endorsement

Reciprocity

16


Hours Required Monitoring? Penalty for Non-Compliance Are there any other requirements for those licensed in another jurisdiction other than

minimum?

Do the Same

License Fees

Apply? # of Hours Year(s)

Maine 6 year Audits Based on severity, license not renewed until requirement met Equivalent to other jurisdiction requirements/

state background check No Yes

Manitoba 6 year Must submit proof w/ renewal

Fine, Suspension, Disciplinary action, license can be held until req. satisfied Other/Labour

Mobility Must apply for a Certificate of Qualification

and a license to practice Labour Mobility

agreement Yes

Maryland 12 2 years Random visits No renewal No apprenticeship for

state’s with same requirements

12 CEUs, - MD Approved, pass regs exam, proof of 5 years licensure in reciprocal state DE, PA, VA Yes

Massachusetts 8 year Audits Subject to probation, fine, suspension or disciplinary action No No Yes

Michigan No CEU Requirements Take State Board Exam No Yes

Minnesota 12 2 years Audits Extension, work with licensee to meet requirements Must meet education requirements and pass

State Exam No Yes

Mississippi No CEU Requirements Equal or greater than requirements in Statute No Yes

Missouri No CEU Requirements Must obtain verification of licensure from each state licensed No Yes

Montana 12 2 years Audits Disciplinary Action Jurisprudence exam & affirm active practice No Yes

Nebraska 16 2 years Audits License is expired Other Meets specific education/experience and exam requirements No Yes

Nevada 12 Embalmers licensed at least 5 years & actively practicing the 2 years preceding app/NV LRR No Yes

New Hampshire 7 year Random visits License is revoked No No Yes

New Jersey (as of 2013) 10 2 years Audits Probation, Extension, Fine

Must provide NBE scores, college transcripts, letter of good standing, & be licensed in their

jurisdiction for a number of years NY, PA, CT Yes

New Mexico 10 year NA License not renewed, go before entire board Credentials No No Yes

New York 12 2 years Random visits/Audits

Fine, suspension if not satisfied within 120 days of registering No ME No, endor.

$300

North Carolina 5 year Random visits &

attendance verification

License not renewed until requirement is met Must pass NC LR exam; must practice 3

consecutive years prior to application unless passed NBE

No No, out of state app

$200 North Dakota No CEU Requirements Licensed for one year No Yes

Ohio 18 2 years Audits Fine, disciplinary action Applications completed, submittal of several items, & required interview w/ the Board No Yes

Oklahoma 6 year Random visits/audits Fine, disciplinary action

5 years of practice in another jurisdiction can waive the requirement of 60 hours at

regionally accredited institution No

Reciprocal licenses

$150 initially


Other Jurisdiction?

2 years TBD TBD Endorsement

Reciprocity

17

CEU Requirements, Endorsement & Reciprocity Regulations


Hours Required Monitoring? Penalty for Non-Compliance Are there any other requirements for those licensed in another jurisdiction

other than minimum?

Do the Same License Fees

Apply? # of

Hours Year(s)

Ontario complete Self Defined Learning & Regulator Defined Learning—Annually

Audits Referral to BOFS Discipline Committee for action See BOFS website Must write Jurisprudence Exam No Yes

Oregon No CEU Requirements Pass State Law Exam No Yes

Pennsylvania 6 2 years Audits Impose a civil penalty or fine Must be licensed for 5 years MD, WV Yes

Rhode Island (as of 2013) 5 year Audits Case by case basis—licensee usually given a

timeframe to complete NA

Saskatchewan 4 per license

Provide proof of completion, enter

credits on Bd website

License will not be renewed Must pass Jurisprudence Exam Cross Canadian Agreement Yes

South Carolina 3 year Audits Probation, fine, suspension or disciplinary action at board discretion Pass SC LRR exam No Yes

South Dakota No CEU Requirements No No Yes

Tennessee (as of 2013) 10

each license period

NA License not renewed until CE requirements are met & late payment paid

Considered for approval if licensed in another state for 4 consecutive years

prior to application No Yes

Texas (See TX Footnote) 16 2 years Audits License will not be renewed FBI/DPS fingerprint background check No Yes

Utah 20 2 years Audits Extension by request for medical reason, disciplinary action could include fine/probation If applicant has 5 years of practice in the

last 10 and passed NBE No Yes

Vermont Not provided Audits Disciplinary Action Yes (information not provided) No Yes

Virginia * (1 laws & regs, 1 preneed)

5 year Audits, yearly

licensure renewal

Fine Must take State Law & Regulatory Exam MD, DC Yes

Washington 5 year Audits Extension, Fine, Suspension, Disciplinary Action License in other jurisdiction must be active and in good standing No Yes

West Virginia 3 credits 4 OSHA

Must submit proof (sign-in

roster or certificate)

Suspension until requirements are met, possible expiration until credits made up Must meet WV educational requirements PA NA

Wisconsin 15 2 years Audits Investigation State Exam No Yes

Wyoming 8 year Must meet

Rules & Regs requirements

Investigation with possibly disciplinary action—case by case NA No Yes


Other Jurisdiction?

Endorsement

Reciprocity

18

Pre-Need Regulations

Is Pre-need

Regulated by

Statute?

What License, if Any, Is Required to Sell Pre-need?

Are Funeral Licensees Allowed to

Sell Pre-need?

If Trusting Permitted,

What Percent Must Be Trusted?

What Type of Consumer

Protection Fund Does Your

Jurisdiction Provide for Pre-need?

What Types of Insurance Can Be Used

to Fund Pre-need?

Who Has Authority to Assess Fines and Penalties?

What Is the Maximum Penalty?

Is There an Appeal Process?

Disposition of Monies Collected?

Alabama Yes Certificate of Authority from AL Department of Insurance Yes

60-110% (See AL footnote)

None Permanent Life, Whole Life, Burial Insurance, Annuity

Dept. of Insurance

$10,000/willful violation &

$1,000/non-willful

Yes—may request a hearing General Fund

Alaska No NA

Alberta Yes Pre-need sales license Yes 85% Compensation Fund Permanent Life, Whole Life, Annuity, Pre-Paid Funeral

Insurance Funeral Board $25,000 Yes General Fund

Arizona Yes Salesperson & Establishment must have endorsement license No 85%

Money deposited in trust account & their name is on account

Trust Account Funeral Board NA Yes General Fund

Arkansas Yes Funeral Expense license to sell

insurance/annuity-funded contracts. No license required to sell trust-

funded contracts No 100%

Prepaid Recovery Fund for trust-funded

contracts only Permanent Life, Whole Life,

Burial Insurance, Annuity State Board $10,000 Formal Hearings Revenue Fund

California Yes Only required if funding of preneed is

through an insurance policy; insurance license issued by

Department of Insurance Yes 100% None Permanent Life, Whole Life,

Burial Insurance, Annuity State

Agency $5,000

Informal Office Conference; formal

appeal before Administrative Law

Judge

Revenue Fund

Colorado Contact CO Division of Insurance

Connecticut Yes Funeral Director or Embalmer License Yes 100% None NA State Board $25,000 Appeal to Superior

Court General Fund

Delaware Yes Insurance Commissioner or Banking Commissioner Yes 100% None Whole Life No $5,000 Yes NA

Dist. of Columbia Yes Funeral Director Yes 100% None Permanent Life, Whole Life,

Burial Insurance, Annuity State Board Not Specified Yes, can be brought to the Board General Fund

Florida Yes Establishment, pre-need main Yes, with valid license

(See FL Footnote 3)

Pre-need Contract Consumer Protection

Fund Permanent Life, Whole Life,

Burial Insurance State Board $5,000,

revocation, suspension,

probation Yes Regulatory

Trust Fund

Georgia Yes Pre-need or merchandise dealer Yes 35%-100%

(see GA footnote)

NA Contact GA Insurance Commissioner State Board $1,000 Hearing General fund

Hawaii NA

Idaho Yes MCA-Certificate of Authority No 85% None NA State Board $1,000/violation Yes Board

operation Illinois Regulated by Illinois State Comptroller’s Office

19

Illinois Regulated by Illinois State Comptroller’s Office

Indiana Yes A certificate of authority is issued Yes 100% (See IN Footnote) Permanent Life, Whole Life NA NA No Revenue Fund

Iowa Regulated by Iowa Insurance Division

Kansas Yes Insurance Yes 100% Insurance Guaranty fund

Permanent Life, Whole Life, Burial Insurance, Annuity State Board $1,000 Yes General fund

Kentucky Yes Pre-Need burial contract seller license Yes 100% Yes NA State Board Other Yes NA

Louisiana Yes Insurance No 100% None Permanent Life, Whole Life, Burial Insurance, Annuity State Board $2,500 Yes, Judicial Court Revenue Fund

Maine Yes

Manitoba Yes NA Yes NA Must purchase a surety bond of $1000 NA

Maryland Yes Mortician, Funeral Director Yes 100% goods & services

80% merch. Yes, Family

Security Trust Permanent Life, Whole Life,

Burial Insurance, Annuity State Board $5,000 Yes through circuit court General fund

Massachusetts No NA NA 100% None NA

Michigan Yes Prepaid registration Yes NA None NA State Board NA

Minnesota Yes Insurance Yes 100% None Permanent Life, Whole Life, Burial Insurance, Annuity

Dept. of Health $10,000 May appeal by

requesting hearing General fund

Mississippi No NA

Missouri Yes Pre-need seller Yes 100% None Whole Life, Burial Insurance, Annuity NA

Montana Yes Mortician License Yes 100% None Statutes do not specify State Board $1000 Yes General Fund

Nebraska Yes Regulated by NE Department of Insurance

Nevada Yes, NV Div. of Insurance

Pre-need funeral seller license & pre-need agent license No NA None NA

New Hampshire Yes Insurance Yes 100% None Permanent Life, Whole Life, Burial Insurance, Annuity State Board $2,000 per

offense Yes General Fund

New Jersey (as of 2013) Yes Licensed funeral director Yes 100% Board takes

remedial action Permanent Life, Whole Life,

Burial Insurance, Annuity State Board Board assesses amount Yes Board operation

New Mexico NA

New York Yes Funeral Director Yes 100% Default Fund Not Specified DOH/BFD $1,000 per violation Yes Revenue Fund

North Carolina Yes Preneed sales, preneed estab., limited insurance license Yes 100% (see

NC Footnote 1) Preneed Recovery

Fund Permanent Life, Whole Life,

Burial Insurance, Annuity State Board $5,000 Yes, Administrative hearing process (See NC Footnote 2)

North Dakota Yes No Yes 100% Bond Burial Insurance, Annuity State Board Funeral home listed Yes Board operation

Ohio Yes None Yes 100% None Annuity State Board $10,000 Administrative hearing process Board operation

Oklahoma Yes Insurance Provider license Yes 90% None NA State Board $10,000 Yes, district courts Board operation

Licensed Funeral Director or practitioner Yes 100% None Whole Life State Board $1,500 per

violation Yes General Fund

20

Is Pre-need

Regulated by Statute?

What License, if Any, Is Required to Sell Pre-need?

Are Funeral

Licensees Allowed to

Sell Pre-need?

If Trusting Is

Permitted, What

Percent Must Be Trusted?

What Type of Consumer

Protection Fund Does Your

Jurisdiction Provide for Pre-need?

What Types of Insurance Can Be Used to Fund

Pre-need?

Who Has Authority to Assess Fines and Penalties?

What Is the Maximum Penalty?

Is There an Appeal

Process?

Disposition of Monies Collected?

Ontario Yes Funeral Director—Class 1 or Class 2, and Funeral Preplanner Yes 90% Compensation Fund Annuity State Board

$50k penalty for individual, $250k for

corporation License Appeal

Tribunal Revenue

Fund

Oregon Yes Preneed Salesperson for trust-funded contracts only; licensed insurance agent for insurance

funded contracts Yes 90% - 100% Consumer

Protection Fund NA State Board $1,000 Yes Board operation

Pennsylvania Yes License not required Yes 70% None Permanent Life, Whole Life, Burial Insurance, Annuity NA NA No NA

Rhode Island NA (as of 2013)

Saskatchewan Yes Salesperson Yes 85% Prepaid Funeral

Service Assurance Fund

Annuity Funeral Board

$5k for each finding to an aggregate of

$15k

Appeal to Superintendent of Funeral & Crem.

Services

Board operation

South Carolina No NA Yes NA Yes, 30 days Revenue Fund South Dakota No NA

Tennessee (as of 2013)

Yes, Commissioner of Commerce and Insurance

Pre-need seller registration for establishment, individual must have

preneed sales agent registration Yes 100%

Yes, if needed to assist with fees

associated with a receivership

NA State Board $1,000 Yes, conducted under uniform administrative

procedures

Board operation

Texas Yes Permit or sell under a permit holder, Texas Department of Banking Yes NA

Utah Yes Pre-need Sales Agent & Pre-need

provider (insurance license required if selling preneed plans by

insurance) Yes 100% None Whole Life State Board $2,000 May request a

citation hearing General fund

Vermont Yes None Yes 100% Yes Permanent Life, Whole Life, Burial Insurance, Annuity State Board $1,000 Yes General Fund

Virginia Yes Funeral Service Licensee Yes 90% None Permanent Life, Whole Life, Burial Insurance, Annuity State Board $5,000 per violation Yes State Literary

Fund

Washington Yes Insurance producer license, funeral director Yes 90% None

Permanent Life, Whole Life, Burial Insurance, Annuity, Guar.& Non-Guar. funded

by Insurance State Board $5,000 per violation Yes Board

operation

West Virginia Yes, by WV AG office NA

Wisconsin Yes Cemetery Authorities, Salespersons, & Preneed Sellers Yes 100% None Whole Life, Annuity State Board $1,000 Yes General fund

Wyoming No NA

21

Footnotes & Miscellaneous

State regulations may require passing the NBE, but not specifically require an Associates Degree from an ABFSE-accredited program. Terminology varies among schools and states as to the type of associate degree, i.e., some designate Associate of Sciences, others Associates of Arts, others something else. Alabama 75% of funeral merchandise and services, and caskets; 60% of purchase price collected for cemetery services; 60% of outer burial containers; 110% of wholesale cost of cemetery merchandise and memorials; and 100% purchase price collected for cash advance items. Arkansas 1The laws will change on or about August 8, 2015. An apprentice will be required to enroll in Mortuary school within one year of starting apprenticeship if they do not they will be released from the program and cannot register until they can submit proof of enrollment. 2 21 to own, but 18 to drive. There will be requirements for drivers to receive blood borne pathogen training. They must carry $500,000 general liability insurance. Florida 1 Centralized embalming facility, refrigeration facility, removal service $755 every 2 years; cinerator facility, direct disposal establishment $855 every 2 years; Monument Builders $705 every 2 years 2 Cemetery, centralized embalming facility, cinerator facility, direct disposal establishment, funeral establishment, monument builder refrigeration facility, removal service by division annually 3 Trusts allow 30% or 110% wholesale for merchandise, 70% for service, 100% for cash advance. Irrevocable trusts are allowed for those app/receiving medicaid. Georgia 35%-100% Trusts allow 35% for monuments & outer burial containers, 100% for other merchandise, 70% for service, 100% for cash advance Indiana Payments are made to the fund by certificate of authority holders based on the number of contracts sold in a calendar year and the amount of the contracts. The board may grant restitution to purchasers if the seller is no longer able to fulfill their contract North Carolina 1Bank trust can withhold up to 10% to be credited upon death with full disclosure to purchaser. 2General fund of the county where the offense occurred. Texas 16 hours every two years for active licensees, if licensee is 65 or older or disabled active must do 10 hours of CE, inactive licensees that are under age 65 must do the six mandatory hours that consist of 2 hours of funeral service ethics, 2 hours of mortuary law updates, 2 hours of vital statistics, those 65 or older and inactive or disabled inactive do no CE. All licensees that are required to have continuing education must do the six mandatory hour mentioned above.

Continuing Education The following jurisdictions require CEU providers to register with the board: AL, AZ, AR, DE, GA, IL, IN, LA, MB, MA, NH, NY, NC, OH, PA, SK, SC, TX, VT, VA, WV, WI. PreNeed Irrevocable trusts are not allowed in Alberta, District of Columbia, North Dakota, Ontario, Saskatchewan, Vermont. (N/A—MB, NV, SC, SD, TX, WV, WY)

22

regulations in licensing 2015

Documents