*See Sec. 19a-88b re renewal of certain professional and occupational licenses, certificates, permits or registrations which become void while the holder is on active duty in the armed forces of the United States.
Constitutionality of former statutes discussed. 129 C. 129. Cited. 207 C. 674; 242 C. 1.
Sec. 20-209. Powers and duties. Oath.
Sec. 20-209a. Duties of board.
Sec. 20-210. Compensation of members; secretary.
Sec. 20-211a. Reciprocal agreements waiving apprenticeships.
Sec. 20-212. Embalming, care and disposal of bodies restricted.
Sec. 20-213. Embalmer's license. Examination. Fee. Out-of-state licensees.
Sec. 20-214. Examination questions.
Sec. 20-215. Affidavit re preparation or embalming of body.
Sec. 20-216. Medical examiner's permission for embalming.
Sec. 20-217. Funeral director's license. Examination. Fee. Out-of-state licensees.
Sec. 20-218. Display of licenses.
Sec. 20-219a. Continuing education requirements.
Sec. 20-220. Requirements for engaging in funeral directing business. Exemption.
Sec. 20-221. Employment of embalmers.
Sec. 20-222. Funeral home license. Hearing; appeal. Record-keeping requirements.
Sec. 20-222a. Renewal of licenses.
Sec. 20-222b. Disclosure of ownership information.
Sec. 20-222c. Transfer of ownership. Notice requirements.
Sec. 20-223. Embalmers may act as funeral directors.
Sec. 20-224. Employment of assistants and registered apprentices. Apprentice registration.
Sec. 20-225. Registration of students.
Sec. 20-226. Lists of licensees and students to be filed with town clerks.
Sec. 20-227. Disciplinary action; grounds; appeals.
Sec. 20-228. Reinstatement of registration or license of veteran.
Sec. 20-229. Reciprocal agreements.
Sec. 20-230. Business not to be conducted in cemetery or on tax-exempt property. Exemption.
Sec. 20-230a. Price list of available services and merchandise. Purchaser's rights.
Sec. 20-230d. Disposition of unclaimed cremated remains by funeral directors. Notice requirements.
Sec. 20-230e. Service of nonalcoholic beverages and packaged food at a funeral home.
Sec. 20-231. Misleading statement by license applicant; penalty.
Sec. 20-232. Disposition of fees and fines.
Sec. 20-207. Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings specified:
(1) “Board” means the Connecticut Board of Examiners of Embalmers and Funeral Directors;
(2) “Person” means an individual or corporation, but not a partnership;
(3) “Funeral directing” means the business, practice or profession, as commonly practiced, of (A) directing or supervising funerals, or providing funeral services; (B) handling or encasing or providing services for handling and encasing dead human bodies, otherwise than by embalming, for burial or disposal; (C) providing embalming services; (D) providing transportation, interment and disinterment of dead human bodies; (E) maintaining an establishment so located, constructed and equipped as to permit the decent and sanitary handling of dead human bodies, with suitable equipment in such establishment for such handling; (F) conducting an establishment from which funerals may be held; (G) engaging in consultations concerning arrangements for the disposition of human remains, including, but not limited to, arrangements for cremation or alkaline hydrolysis; (H) casketing human remains; (I) making cemetery and cremation arrangements; and (J) preparing funeral service contracts, as defined in section 42-200;
(4) “Funeral director” means any person engaged or holding himself or herself out as engaged in funeral directing whether or not he or she uses in connection with his or her name or business the words “funeral director,” “undertaker” or “mortician” or any other word or title intended to designate him or her as a funeral director or mortician or as one so engaged;
(5) “Funeral service business” means the business, practice or profession of funeral directing;
(6) “Licensed embalmer” means an embalmer holding a license as provided in this chapter;
(7) “Licensed funeral director” means a funeral director holding a license as provided in this chapter;
(8) “Registered apprentice embalmer” means a person registered with the Department of Public Health as an apprentice pursuant to the provisions of this chapter;
(9) “Registered apprentice funeral director” means a person registered with the Department of Public Health as an apprentice pursuant to the provisions of this chapter;
(10) “Full-time employment” means regular and steady work during the normal working hours by any person at the establishment at which he is employed; and
(11) “Manager” means an individual who (A) is licensed as an embalmer or funeral director pursuant to this chapter and (B) has direct and personal responsibility for the daily operation and management of a funeral service business.
(1949 Rev., S. 4538; 1951, S. 2246d; P.A. 80-484, S. 82, 176; P.A. 82-472, S. 80, 183; P.A. 92-59, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-271, S. 14, 40; P.A. 07-217, S. 86; P.A. 14-231, S. 55; P.A. 21-121, S. 12.)
History: P.A. 80-484 changed alphabetic Subdiv. indicators to numeric indicators and deleted definition of registered student embalmers or funeral directors; P.A. 82-472 divided section into Subdivs. and corresponding Subparas. where necessary; P.A. 92-59 amended Subdivs. (8) and (9) to add language concerning registration; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-271 added Subdiv. (11) defining “manager”, effective July 6, 1995; P.A. 07-217 made a technical change in Subdiv. (3), effective July 12, 2007; P.A. 14-231 amended Subdiv. (3) to redefine “funeral directing” by adding Subpara. (G) re consultations concerning arrangements for disposition of human remains, Subpara. (H) re casketing, Subpara. (I) re cemetery and cremation arrangements and Subpara. (J) re funeral service contracts; P.A. 21-121 made technical changes in Subdiv. (4), amended Subdiv. (8) by replacing “Student embalmer” with “Registered apprentice embalmer” and deleting provision re studying embalming and amended Subdiv. (9) by replacing “Student funeral director” with “Registered apprentice funeral director” and deleting provision re studying the funeral service business.
See Sec. 19a-91 re transportation of bodies of deceased persons.
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Sec. 20-208. Examining board. (a) The board shall consist of five members, who shall be residents of the state, three of whom shall be practical arterial embalmers, shall be actively engaged in the practice of embalming at the time of their respective appointments and shall be licensed embalmers as hereinafter provided; and two of whom shall be public members. The Governor shall appoint the members of said board in accordance with the provisions of section 4-9a. Any vacancy in said board shall be filled by the Governor for the unexpired portion of the term. No member of said board shall be an elected or appointed officer of any professional association of embalmers or funeral directors or have been such an officer during the year immediately preceding his appointment. The Governor shall appoint a chairperson from among such members. No member shall serve for more than two full consecutive terms commencing after July 1, 1980. Members shall not be compensated for their services.
(b) Said board shall meet at least once during each calendar quarter and at such other times as the chairman deems necessary. Special meetings shall be held on the request of a majority of the board after notice in accordance with the provisions of section 1-225. A majority of the members of the board shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. Minutes of all meetings shall be recorded by the board. No member shall participate in the affairs of the board during the pendency of any disciplinary proceedings by the board against such member.
(1949 Rev., S. 4525; 1951, S. 2247d; P.A. 77-614, S. 431, 610; P.A. 80-484, S. 83, 176; P.A. 81-471, S. 47, 71; June Sp. Sess. P.A. 91-12, S. 25, 55; P.A. 98-143, S. 14, 24.)
History: P.A. 77-614 revised membership of board, substituting two public members for two practical arterial embalmers and deleted provision for July first as appointment date and five-year terms, effective January 1, 1979; P.A. 80-484 specified that appointments to be made in accordance with Sec. 4-9a, deleted provision requiring professional members to have five years' experience in state, prohibited membership of persons who have held office in professional association within one year of appointment, limited terms served to two, provided for reimbursement for expenses and added Subsec. (b) re meetings, members' attendance, etc.; P.A. 81-471 changed “elected official” to “elected or appointed officer” as of July 1, 1981; June Sp. Sess. P.A. 91-12 eliminated expense reimbursement for board members; P.A. 98-143 added quorum provision in Subsec. (b), effective July 1, 1998.
See Sec. 4-9a for definition of “public member”.
See Secs. 19a-8 to 19a-12, inclusive, re powers and duties of boards and commissions within Department of Public Health.
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Sec. 20-209. Powers and duties. Oath. Section 20-209 is repealed.
(1949 Rev., S. 4526; 1951, June, 1955, S. 2248d; P.A. 77-614, S. 432, 610; P.A. 80-484, S. 175, 176.)
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Sec. 20-209a. Duties of board. The Board of Examiners of Embalmers and Funeral Directors shall (1) hear and decide matters concerning suspension or revocation of licensure, (2) adjudicate complaints filed against practitioners licensed under this chapter and (3) impose sanctions where appropriate.
(P.A. 80-484, S. 84, 176.)
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Sec. 20-210. Compensation of members; secretary. Section 20-210 is repealed.
(1949 Rev., S. 4527; 1951, June, 1955, S. 2249d; 1959, P.A. 616, S. 60.)
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Sec. 20-211. Regulations. The Commissioner of Public Health, with advice and assistance from the board, shall from time to time adopt regulations for the purpose of carrying out the board's duties.
(1949 Rev., S. 4528; 1951, S. 2250d; P.A. 77-614, S. 433, 610; P.A. 80-484, S. 85, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 removed distinction between regulatory powers divided between board and health department, transferring all regulatory powers to department of health services, successor agency to department of health, effective January 1, 1979; P.A. 80-484 deleted regulation power re advertisements, deleted provision requiring at least one meeting a year and deleted provision for three-member quorum; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-211a. Reciprocal agreements waiving apprenticeships. The Connecticut Board of Examiners of Embalmers and Funeral Directors may, upon the affirmative vote of a majority of its members, enter into an agreement with the corresponding licensing authority of any other state competent to enter into such agreement which agreement shall be in substantially the following form: “We, the undersigned representatives of the various states, by and through their respective licensing authorities, hereby jointly agree that a person duly registered and licensed as a funeral director or embalmer in either one of the several states may be licensed as a funeral director or embalmer in the other state upon payment of the appropriate license fee without the necessity of completing an apprenticeship period.”
(P.A. 73-511.)
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Sec. 20-212. Embalming, care and disposal of bodies restricted. No person, except a licensed embalmer, shall inject any fluid or substance into any dead human body, except that a registered apprentice embalmer may, even if not in the presence of a licensed embalmer, make such injection or perform any other act under such licensed embalmer's instruction; and no person, firm or corporation shall enter, engage in, carry on or manage for another the business of caring for, preserving or disposing of dead human bodies until each person, firm or corporation so engaged has obtained from the Department of Public Health and holds a license as provided in this chapter; nor shall any person be employed to remove a dead human body, except a licensed embalmer, a registered apprentice embalmer, a licensed funeral director, or a person authorized in each instance by the Chief Medical Examiner, Deputy Medical Examiner or assistant medical examiner incidental to examining the body of a deceased person, except that once a dead human body has been prepared in accordance with the regulations of Connecticut state agencies and the applicable provisions of the general statutes, an embalmer or funeral director licensed in this state may authorize an unlicensed employee to transport such body. Nothing in this section shall be construed to prohibit any person licensed as an embalmer or as a funeral director under the laws of another state from bringing into or removing from this state a dead human body, provided any and all other laws of this state relative to such body have been complied with. Nothing in this chapter shall be construed to prohibit any student who is enrolled in a program of education in mortuary science, approved by the board, with the consent of the Commissioner of Public Health, from embalming up to ten human bodies under the supervision of a licensed embalmer and incidental to such student's course of study. Such embalming shall be counted toward the embalming requirement outlined in section 20-213 when such student becomes a registered apprentice embalmer.
(1949 Rev., S. 4530; 1951, S. 2251d; 1969, P.A. 27; 699, S. 28; P.A. 80-484, S. 155, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 04-255, S. 24; P.A. 21-121, S. 13.)
History: 1969 acts specified that removal of body by person authorized by medical examiners be in connection with examination of body and added exception governing removal of bodies by nonlicensed employees of embalmers or funeral directors and listed specific titles of medical examiners; P.A. 80-484 replaced board with department of health services as licensing authority; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 04-255 changed “nonlicensed employee” to “unlicensed employee” and “remove” to “transport”, and deleted reference to repealed Sec. 7-70; P.A. 21-121 replaced references to registered student embalmer with references to registered apprentice embalmer, replaced “Public Health Code” with “regulations of Connecticut state agencies”, and added provision re embalming incidental to a student's course of study and the embalming requirement outlined in Sec. 20-213 and made a technical change.
See Sec. 53-331 prohibiting use of arsenic in embalming.
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Sec. 20-213. Embalmer's license. Examination. Fee. Out-of-state licensees. (a)(1) After a registered apprentice embalmer has (A) completed a program of education in mortuary science approved by the board with the consent of the Commissioner of Public Health, (B) successfully completed an examination prescribed by the Department of Public Health with the consent of the board, (C) completed one year of practical training and experience of a grade and character satisfactory to the commissioner in the state in full-time employment under the personal supervision and instruction of an embalmer licensed under the provisions of this chapter, and (D) embalmed fifty human bodies in not more than two years under the supervision of a licensed embalmer or embalmers, (2) the registered apprentice embalmer shall (A) submit to the department an application and fee of two hundred ten dollars, (B) take a written examination on the Connecticut public health laws and the regulations of Connecticut state agencies pertaining to the activities of an embalmer, and (C) take an examination in practical embalming that shall include an actual demonstration upon a cadaver. When the registered apprentice embalmer has satisfactorily passed such examinations, said department shall issue to him or her a license to practice embalming. At the expiration of such license, if the holder thereof desires a renewal, said department shall grant it pursuant to section 20-222a, except for cause.
(b) Examinations for registration as a registered apprentice embalmer and for an embalmer's license shall be administered to applicants by the Department of Public Health, under the supervision of the board, semiannually and at such other times as may be determined by the department.
(c) Any person licensed as an embalmer in another state whose requirements for licensure in such capacity are substantially similar to or higher than those of this state and who is a currently practicing competent practitioner shall be eligible for licensure without examination upon application and payment of a fee of two hundred ten dollars, provided all such applicants shall be required to pass an examination, given in writing, on the Connecticut public health laws and the regulations of the Department of Public Health pertaining to the activities of an embalmer. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint.
(1949 Rev., S. 4530; 1951, S. 2252d; 1959, P.A. 616, S. 61; 1967, P.A. 835, S. 1; June, 1971, P.A. 8, S. 70; 1972, P.A. 127, S. 43; 223, S. 11; P.A. 75-108; P.A. 76-113, S. 8; P.A. 77-614, S. 434, 610; P.A. 80-484, S. 86, 176; P.A. 81-471, S. 48, 71; P.A. 88-163, S. 1; P.A. 89-251, S. 109, 203; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 09-3, S. 225; P.A. 17-43, S. 1; P.A. 21-121, S. 14.)
History: 1959 act increased fee in Subsec. (2) from $10 to $15 and quadrupled fee in Subsec. (3); 1967 act deleted requirement of satisfactory completion of four-year course in a secondary school or equivalent prior to beginning embalming school study and substituted satisfactory completion of course of study in a “postsecondary school” for embalmers, in Subsec. (1)(d), substituted in Subsec. (3) “department of health” for “board” re granting renewal of license “pursuant to section 20-222a” and deleted provisions re fee and procedure now covered by said section and added full name of board to Subsec. (4); 1971 act increased license fee in Subsec. (3) from $40 to $100; 1972 acts changed minimum age for embalmer from 21 to 18, reflecting changed age of majority and reduced licensing fee in Subsec. (3) from $100 to $40; P.A. 75-108 replaced list of specific subjects covered in examination with “such subjects as may be required by the conference of funeral service examining boards” in Subsec. (2); P.A. 76-113 deleted requirement that applicants be U.S. citizens and of good moral character; P.A. 77-614 replaced department of health with department of health services, required consent of health services commissioner for examination subjects and prescribed oral examination and transferred administering of examinations from board to health services department retaining board in supervisory role, effective January 1, 1979; P.A. 80-484 deleted former Subsecs. (1) and (2) setting forth qualifications required of student embalmer and re examination procedure for registration as student embalmer, redesignated former Subsecs. (3) and (4) as (a) and (b), transferred powers formerly held by board to department of health services, deleted requirement that applicant for license be at least eighteen and deleted reference to July first as expiration date for license; P.A. 81-471 added requirement that student embalmers complete a program of education in mortuary science and reduced the number of bodies required to be embalmed by student embalmers prior to examination from 100 to 50; P.A. 88-163 reduced the practical training requirement from two years to one year, provided for a $150 application fee and added Subsec. (c) concerning licensing of persons licensed in another state; P.A. 89-251 increased the application fees from $150 to $165; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 09-3 increased fees from $165 to $210; P.A. 17-43 substantially amended Subsec. (a) including by designating provisions re education, examination, training and experience as Subdiv. (1), and amending same by adding “in not more than two years” re embalming 50 bodies in Subpara. (D), designating provisions re student embalmer to submit application and fee and take examination as Subdiv. (2) and amending same by replacing “the Department of Public Health” with “Connecticut State Agencies”, and making technical and conforming changes; P.A. 21-121 amended Subsecs. (a) and (b) by replacing references to student embalmer with references to registered apprentice embalmer.
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Sec. 20-214. Examination questions. Examinations for the purpose of examining applicants for licenses as embalmers shall be upon the questions prescribed by the Commissioner of Public Health with the advice and consent of the board.
(1949 Rev., S. 4531; 1951, S. 2253d; February, 1965, P.A. 574, S. 29; P.A. 77-614, S. 435, 610; P.A. 80-484, S. 87, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1965 act substituted reference to Sec. 4-40a for obsolete reference to repealed section; P.A. 77-614 deleted references to examiner appointed by health department (succeeded by health services department) to act with board in conducting examinations and specified that questions to be prescribed by board with consent of health services commissioner rather than by department choosing from list of questions submitted by board, effective January 1, 1979; P.A. 80-484 specified that questions are prescribed by health services commissioner, rather than board, but retained board in advisory capacity; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-215. Affidavit re preparation or embalming of body. No licensed embalmer shall sign an affidavit attesting the preparation or embalming of any body unless such body has been prepared or embalmed by such licensed embalmer, or by a registered apprentice embalmer under such licensed embalmer's personal supervision.
(1949 Rev., S. 4535; 1951, S. 2254d; P.A. 04-255, S. 25; P.A. 21-121, S. 15.)
History: P.A. 04-255 changed “certificate” to “affidavit”; P.A. 21-121 replaced references to registered student embalmer with references to registered apprentice embalmer and made technical changes.
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Sec. 20-216. Medical examiner's permission for embalming. No person shall inject any fluid or substance into the body of any person whose death is subject to investigation by the Office of the Chief Medical Examiner until permission has been obtained from the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner or an authorized assistant medical examiner.
(1949 Rev., S. 4536; 1951, S. 2255d; 1969, P.A. 699, S. 29; 1971, P.A. 412, S. 11; P.A. 79-47, S. 17.)
History: 1969 act prohibited injections into body of person “whose death is subject to investigation by the office of medicolegal investigations”, replacing reference to person “who has come to a sudden, violent or untimely death or ... found dead the manner of whose death is not known” and replaced reference to town medical examiner with reference to chief, deputy or authorized assistant medical examiner; 1971 act deleted reference to permission of county coroner and replaced office of medicolegal investigations with office of the medical examiner; P.A. 79-47 changed office title to office of the chief medical examiner, replaced deputy medical examiner with deputy chief medical examiner and added associate medical examiner.
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Sec. 20-217. Funeral director's license. Examination. Fee. Out-of-state licensees. (a) When a registered apprentice funeral director has completed a program of education approved by the board with the consent of the Commissioner of Public Health, has successfully completed an examination prescribed by the department with the consent of the board and furnishes the department with satisfactory proof that he or she has completed one year of practical training and experience in full-time employment under the personal supervision of a licensed embalmer or funeral director, and pays to the department a fee of two hundred ten dollars, such registered apprentice funeral director shall be entitled to be examined upon the Connecticut state law and regulations pertaining to his or her professional activities. If found to be qualified by the Department of Public Health, such registered apprentice funeral director shall be licensed as a funeral director. Renewal licenses shall be issued by the Department of Public Health pursuant to section 20-222a, unless withheld for cause as herein provided, upon a payment of a fee of two hundred thirty dollars.
(b) Examinations for a funeral director's license shall be held semiannually and at such other times as may be determined by the Department of Public Health.
(c) Any person licensed as a funeral director in another state whose requirements for licensure in such capacity are substantially similar to or higher than those of this state and who is a currently practicing competent practitioner shall be eligible for licensure without examination upon application and payment of a fee of two hundred ten dollars, provided all such applicants shall be required to pass an examination, given in writing, on the Connecticut public health laws and the regulations of the Department of Public Health pertaining to the activities of a funeral director. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint.
(1949 Rev., S. 4539; 1951, 1953, S. 2256d; 1959, P.A. 616, S. 62; 1967, P.A. 835, S. 2; June, 1971, P.A. 8, S. 71; 1972, P.A. 127, S. 44; P.A. 76-113, S. 9; P.A. 77-614, S. 436, 610; P.A. 80-484, S. 88, 176; P.A. 81-471, S. 49, 71; P.A. 88-163, S. 2; P.A. 89-251, S. 110, 203; May Sp. Sess. P.A. 92-6, S. 28, 117; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 09-3, S. 226; P.A. 21-121, S. 16.)
History: 1959 act raised fee in Subsec. (2) from $10 to $15, quadrupled fee in Subsec. (3)(c) and deleted provision for $10 fee for issuance of license; 1967 act deleted requirement of satisfactory completion of four-year course in secondary school or equivalent prior to beginning study of funeral directing and substituted satisfactory completion of “a two-year course of study in a postsecondary school approved by the board” in Subsec. (1)(d), deleted requirement for oral or written examination in Subsec. (2), revised requirement in Subsec. (3)(b) re satisfactory proof of completion of “two years of practical training and experience in full-time employment under personal supervision of a licensed embalmer or funeral director,” deleted obsolete reference to proof of being a registered student director, substituted “department of health” for “board” re granting renewal of license “pursuant to section 20-222a,” added provision for $10 renewal fee in Subsec. (3)(c) and added full name of board to Subsec. (4); 1971 act raised fee in Subsec. (3)(c) from $40 to $150 and renewal fee from $10 to $100; 1972 act changed minimum age of applicant from 21 to 18 in Subsec. (3), reflecting lowered age of majority; P.A. 76-113 deleted requirement that applicant be U.S. citizen in Subsec. (1); P.A. 77-614 replaced department of health with department of health services in Subsec. (3), effective January 1, 1979; P.A. 80-484 deleted Subsecs. (1) and (2) re qualifications and registration procedure for student funeral director, deleted minimum age requirement and July first as license expiration date in former Subsec. (3), redesignated as Subsec. (a), similarly redesignated Subsec. (4) as (b) and transferred examination and licensing powers from board of examiners to department of health services; P.A. 81-471 added requirement that student funeral director complete a program of education approved by the board with the consent of the commissioner prior to taking examination; P.A. 88-163 reduced the practical training requirement from two years to one year, reduced fee for license renewal from $100 to $50 and added Subsec. (c) concerning licensing of persons licensed in another state; P.A. 89-251 increased the application fees from $150 to $165; May Sp. Sess. P.A. 92-6 raised license renewal fee for a funeral director from $50 to $115; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 09-3 increased fees; P.A. 21-121 amended Subsec. (a) by replacing references to student funeral director with references to registered apprentice funeral director and made technical changes.
Under former statute, board not justified in requiring embalmer's license for funeral directors; former statute unconstitutional in part. 129 C. 134.
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Sec. 20-218. Display of licenses. Each license shall be signed by the Commissioner of Public Health or his designee, and shall specify the name of the person to whom issued. Each license shall be nonassignable and nontransferable and shall be displayed by the holder thereof in a conspicuous place in his office or place of business.
(1949 Rev., S. 4533; 1951, S. 2257d; P.A. 77-614, S. 323, 610; P.A. 80-484, S. 89, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 80-484 required that license be signed by health services commissioner or his designee reflecting transfer of licensing power from board and deleted obsolete provision requiring that board notify department of name and address of persons it grants licenses; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-219. Renewal. Section 20-219 is repealed.
(1949 Rev., S. 4543; 1951, S. 2258d; 1959, P.A. 616, S. 63; 1967, P.A. 835, S. 8.)
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Sec. 20-219a. Continuing education requirements. (a) As used in this section: (1) “Licensee” means a funeral director or embalmer licensed pursuant to this chapter; and (2) “department” means the Department of Public Health; and (3) “registration period” means the twelve-month period that commences on the date of renewal of the licensee's license, as provided in section 19a-88, and is current and valid.
(b) Each licensee shall complete a minimum of six hours of continuing education during each registration period, two of which shall be in the area of federal and state laws regarding the provision of funeral services, including applicable Federal Trade Commission regulations. Each licensee shall complete his or her initial continuing education in the area of federal and state laws regarding the provision of funeral services not later than twelve months after the licensee first applies for license renewal after July 1, 2007. The remaining four hours of continuing education shall be in areas related to the licensee's practice, including, but not limited to, bereavement care, business management and administration, religious customs and traditions related to funerals, cremation services, cemetery services, natural sciences, preneed services, restorative arts and embalming, counseling, funeral service merchandising, sanitation and infection control, organ donation or hospice care. The continuing education shall consist of courses offered or approved by the Academy of Professional Funeral Service Practice, educational offerings sponsored by a hospital or other licensed health care institution or courses offered by a regionally accredited institution of higher education.
(c) Each licensee shall obtain a certificate of completion from the provider of the continuing education for all continuing education hours that are successfully completed and shall retain a copy of such certificate for a minimum of three years following the license renewal date for which the activity satisfies the continuing education requirement. Each funeral home and licensee shall maintain a copy of such certificate for each licensee employed by the funeral home. Upon request by the department, the licensee or funeral home shall submit the certificate to the department.
(d) A licensee who fails to comply with the provisions of this section shall be subject to disciplinary action pursuant to section 20-227.
(e) The continuing education requirements shall be waived for licensees applying for license renewal for the first time. The department may, for a licensee who has a medical disability or illness, grant a waiver of the continuing education requirements for a specific period of time or may grant the licensee an extension of time in which to fulfill the requirements.
(P.A. 03-118, S. 1; P.A. 07-104, S. 8.)
History: P.A. 07-104 amended Subsec. (b) to add provisions requiring two hours of continuing education in the area of federal and state laws re provision of funeral services, including applicable Federal Trade Commission regulations, and re time period for completion of initial continuing education and amended Subsec. (c) to add provisions re maintenance of copy of certificate for each employed licensee, effective July 1, 2007.
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Sec. 20-220. Requirements for engaging in funeral directing business. Exemption. Except as provided in section 20-223, no person shall carry on or engage in the business of funeral directing, or hold himself out to the public as a funeral director, unless he is licensed by the Department of Public Health as a funeral director and unless he owns his business of funeral directing or is an employee or member of a firm, partnership or corporation operating a funeral directing business at an established place of business, for which place of business there has been issued a certificate of inspection by said department as provided in section 20-222. Facilities that accept bodies for anatomical purposes pursuant to section 19a-270 are exempt from this section.
(1949 Rev., S. 4545; 1951, S. 2259d; P.A. 80-484, S. 90, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 05-272, S. 33.)
History: P.A. 80-484 replaced “board”, i.e. board of examiners of embalmers and funeral directors, with references to department of health services; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 05-272 exempted facilities that accept bodies for anatomical purposes pursuant to Sec. 19a-270, effective July 13, 2005.
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Sec. 20-221. Employment of embalmers. Each holder of a funeral director's license issued in accordance with the provisions of this chapter, who becomes an owner or part owner of an establishment, shall comply with the requirements and provisions of section 20-222 and, in addition thereto, shall employ a full-time licensed embalmer. The provisions of this section shall not apply to an embalmer licensed by the Department of Public Health who is a member of the firm, partnership or corporation operating a funeral service business, provided the funeral service business shall comply with all the provisions of section 20-222.
(1949 Rev., S. 4546; 1951, S. 2260d; P.A. 80-484, S. 91, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 80-484 replaced “board”, i.e. board of examiners of embalmers and funeral directors, with “department of health services”; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-222. Funeral home license. Hearing; appeal. Record-keeping requirements. (a) No person, firm, partnership or corporation shall enter into, engage in, or carry on a funeral service business unless a funeral home license has been issued by the department for each place of business. Any person, firm, partnership or corporation desiring to engage in the funeral service business shall submit, in writing, to the department an application upon blanks furnished by the department for a funeral home license for a funeral service business for each place of business, and each such application shall be accompanied by a fee of three hundred seventy-five dollars and shall identify the manager. Each holder of a funeral home license shall, annually, on or before July first, submit in writing to the Department of Public Health an application for renewal of such certificate together with a fee of one hundred ninety dollars. If the Department of Public Health issues to such applicant such a funeral home license, the same shall be valid until July first next following, unless revoked or suspended.
(b) Upon receipt of an initial application for a funeral home license, the Department of Public Health shall make an inspection of each building or part thereof wherein a funeral service business is conducted or is intended to be conducted, and satisfactory proof shall be furnished the Department of Public Health that the building or part thereof, in which it is intended to conduct the funeral service business, contains an adequate sanitary preparation room equipped with tile, cement or composition flooring, necessary ventilation, sink, and hot and cold running water, sewage facilities, and such instruments and supplies for the preparing or embalming of dead human bodies for burial, transportation or other disposition as the Commissioner of Public Health, with advice and assistance from the board, deems necessary and suitable for the conduct and maintenance of such business.
(c) Any person, firm, partnership or corporation desiring to change its place of business shall notify the Department of Public Health thirty days in advance of such change, and a fee of twenty-five dollars shall accompany the application for the funeral home license of the new premises. Any person, firm, partnership or corporation desiring to change its manager shall notify the Department of Public Health thirty days in advance of such change, on a form prescribed by the Commissioner of Public Health.
(d) The building or part thereof in which is conducted or intended to be conducted any funeral service business shall be open at all times for inspection by the board or the Department of Public Health. The Department of Public Health may make inspections whenever it deems advisable.
(e) If, upon inspection by the Department of Public Health, it is found that such building, equipment or instruments are in such an unsanitary condition as to be detrimental to public health, the board shall give to the applicant or operator of the funeral service business notice and opportunity for hearing as provided in the regulations adopted by the Commissioner of Public Health. At any such hearing, the Commissioner of Public Health or his designee shall be considered a member of the board and entitled to a vote. The board, or the Department of Public Health or his designee acting upon the board's finding or determination, may, after such hearing, revoke or refuse to issue or renew any such funeral home license upon cause found after hearing. Any person aggrieved by the finding of said board or action taken by the Department of Public Health may appeal therefrom in accordance with the provisions of section 4-183.
(f) Any of the inspections provided for in this section may be made by a person designated by the Department of Public Health or by a representative of the Commissioner of Public Health.
(g) Any person, firm, partnership or corporation engaged in the funeral service business shall maintain at the address of record of the funeral service business identified on the funeral home license the following:
(1) All records relating to contracts for funeral services, prepaid funeral service contracts or escrow accounts for a period of not less than six years after the death of the individual for whom funeral services were provided;
(2) Copies of all death certificates, burial permits, authorizations for cremation, documentation of receipt of cremated remains and written agreements used in making arrangements for final disposition of dead human bodies, including, but not limited to, copies of the final bill and other written evidence of agreement or obligation furnished to consumers, for a period of not less than six years after such final disposition; and
(3) Copies of price lists, for a period of not less than six years from the last date such lists were distributed to consumers.
(1949 Rev., S. 4537; 1951, S. 2261d; 1959, P.A. 616, S. 64; 1967, P.A. 835, S. 3; June, 1971, P.A. 8, S. 72; P.A. 76-436, S. 428, 681; P.A. 77-603, S. 74, 125; 77-614, S. 437, 610; P.A. 89-251, S. 111, 203; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-271, S. 15, 40; P.A. 06-195, S. 13; P.A. 07-252, S. 32; P.A. 09-232, S. 13; June Sp. Sess. P.A. 09-3, S. 227; P.A. 11-242, S. 47, 73; S.A. 11-17, S. 2; P.A. 18-168, S. 30.)
History: 1959 act quintupled application fee, raised renewal fee for same and fee when changing place of business from $10 to $25 and deleted provision in Subsec. (f) that inspector receive such remuneration as board votes; 1967 act substituted “the department of health” for “board” in Subsecs. (1) and (3) re application for renewal of certificate or for change of place of business, added “or the department of health as the case may be” in Subsec. (2) and “or the department of health” in Subsecs. (4), (5) and (6), added to third sentence in Subsec. (5) “or the department of health acting upon the board's finding or determination” and provided for appeal from “action taken by the department of health” in the same subsection; 1971 act raised application fee from $50 to $100 and renewal fee from $5 to $50 in Subsec. (1); P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts in Subsec. (5), effective July 1, 1978; P.A. 77-603 replaced provisions requiring appeal within 30 days with requirement that appeals be made in accordance with Sec. 4-183; P.A. 77-614 replaced department of health with department of health services, deleted references to board in Subsecs. (2), (4) and (6) re applications and inspections, made commissioner of health services responsible for sanitary standards, rather than board, in Subsec. (2), retaining board in advisory role, replaced 10 days' notice requirement in Subsec. (5) with requirement that notice and opportunity for hearing to be as provided in commissioner's regulations, replaced all previous appeal provisions with statement that appeals are to be made in accordance with Sec. 4-183 and, in Subsec. (6) removed requirement that inspectors hold a license as an embalmer, effective January 1, 1979; P.A. 89-251 increased the application fee from $100 to $300 and increased the renewal fee from $50 to $150; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-271 replaced numeric Subsec. indicators with alphabetic indicators, changed references from “board” to “department” and made technical changes, amended Subsec. (a) by deleting prohibition against managing for another, by deleting the requirement that the principals have an embalmer's or funeral director's license and by requiring an application to identify the manager and amended Subsec. (c) by requiring 30 days' advance notice of a change of place of business, effective July 6, 1995; P.A. 06-195 added Subsec. (g) re maintenance of records relating to contracts for funeral services, prepaid funeral contracts and escrow accounts; P.A. 07-252 amended Subsec. (g) by inserting provision requiring funeral service business to maintain records at address of record on certificate of inspection, designating existing provisions as Subdiv. (1), adding Subdiv. (2) re 3-year record retention requirement for copies of death certificates, burial permits, cremation authorizations, documentation of receipt of cremated remains and written agreements used in making arrangements for final disposition of dead human bodies and adding Subdiv. (3) re 3-year record retention requirement for price lists (Revisor's note: In Subdiv. (1) the word “shall” and the comma following were deleted editorially by the Revisors for grammatical accuracy); P.A. 09-232 amended Subsec. (g) by changing record retention requirements from 3 years to 6 years; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fees from $300 to $375 and from $150 to $190; P.A. 11-242 amended Subsec. (g)(1) by substituting “funeral service contracts” for “funeral contracts”, effective October 1, 2011, and added Subsec. (h) re operation of single satellite office, effective July 1, 2011; S.A. 11-17 repealed P.A. 11-242, S. 73, effective July 1, 2011; P.A. 18-168 replaced references to inspection certificate with references to funeral home license, and amended Subsec. (b) by replacing “application” with “initial application”, and making a conforming change.
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Sec. 20-222a. Renewal of licenses. (a) Each embalmer's license and funeral director's license issued pursuant to the provisions of this chapter shall be renewed, except for cause, by the Department of Public Health upon the payment to said Department of Public Health by each applicant (1) for license renewal of the sum of one hundred fifteen dollars in the case of an embalmer, and (2) two hundred thirty-five dollars in the case of a funeral director. Licenses shall be renewed in accordance with the provisions of section 19a-88.
(b) Each funeral home license issued pursuant to the provisions of this chapter shall be renewed on an annual basis, except for cause, by the Department of Public Health upon payment to said department in the amount of one hundred ninety dollars for each funeral home license renewed. Fees for renewal of a funeral home license shall be given to the Department of Public Health on or before July first in each year and the renewal of the funeral home license shall begin on July first of each year and be valid for one calendar year. The department shall complete an inspection, not less than triennially, of each place of business that has been issued a funeral home license.
(1967, P.A. 835, S. 7; June, 1971, P.A. 8, S. 73; 1972, P.A. 223, S. 12; P.A. 77-614, S. 323, 610; P.A. 80-484, S. 92, 176; P.A. 81-471, S. 50, 71; P.A. 88-163, S. 3; P.A. 89-251, S. 112, 203; May Sp. Sess. P.A. 92-6, S. 29, 117; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 09-3, S. 228; P.A. 15-244, S. 131; June Sp. Sess. P.A. 15-5, S. 474, 478; P.A. 18-168, S. 31.)
History: 1971 act increased fee for license renewal from $10 to $100 and for inspection certificate renewal from $25 to $50; 1972 act made $100 license renewal fee applicable to funeral directors only and set renewal fee for embalmers at $10; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 80-484 specified that renewals to be governed by provisions of Sec. 19-45 as of January 1, 1981, and deleted provisions re additional fees levied or ultimate revocation of license or inspection certificate for failure to renew in timely fashion; P.A. 81-471 deleted references to licenses; P.A. 88-163 changed renewal fees from $10 to $50 for embalmers and from $100 to $50 for funeral directors; P.A. 89-251 increased the renewal fee for embalmers from $50 to $55, increased the renewal fee for funeral directors from $50 to $55 and increased the renewal fee for an inspection certificate from $50 to $150; May Sp. Sess. P.A. 92-6 raised license renewal fee for a funeral director from $55 to $115; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 09-3 increased fees; P.A. 15-244 increased renewal fee for embalmers from $110 to $115 and renewal fee for funeral directors from $230 to $235, and increased fee for inspection certificate renewal from $190 to $195, effective July 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 131, from July 1, 2015, to October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date, effective June 30, 2015, and designated provisions re renewal fees for embalmers and funeral directors as Subdiv. (1) and provisions re renewal fees for inspection certificates as Subdiv. (2), reduced fee for inspection certificate renewal from $195 to $190, and made technical changes, effective October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date; P.A. 18-168 designated existing provisions re issuance of embalmer's and funeral director's licenses as Subsec. (a) and amended same by deleting provisions re inspection certificates and making technical changes, and added Subsec. (b) re renewal of funeral home licenses.
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Sec. 20-222b. Disclosure of ownership information. (a) Each person, firm or corporation that carries on or engages in a funeral service business, as defined in section 20-207, shall display, on a sign located immediately inside of such funeral service business, in a place proximate to the display of the license and certificate required by this chapter and in a manner visible to the public, the following ownership information:
(1) The name of every licensed funeral director, as defined in section 20-207, who holds an ownership interest of ten per cent or more in the corporation, limited liability company, partnership, limited partnership or other business entity that operates such funeral service business; and
(2) The name of any corporation, limited liability company, partnership, limited partnership or other business entity that holds an ownership interest of ten per cent or more in such funeral service business.
(b) Each person, firm or corporation that carries on or engages in such funeral service business shall include, on any contract for the sale of funeral services or merchandise, the name, business address and business telephone number of any corporation, limited liability company, partnership, limited partnership or other business entity that holds an ownership interest of ten per cent or more in such funeral service business.
(P.A. 98-174; P.A. 11-242, S. 48.)
History: P.A. 11-242 amended Subsecs. (a)(2) and (b) by adding “or other business entity” and making technical changes.
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Sec. 20-222c. Transfer of ownership. Notice requirements. Upon the transfer of more than a fifty per cent ownership share, discontinuance or termination of a funeral service business, the person, firm, partnership or corporation to whom the funeral home license has been issued shall:
(1) Notify each person who has purchased a prepaid funeral service contract from such funeral service business of such transfer, discontinuance or termination;
(2) Mail a letter to each person for whom the funeral service business is storing cremated remains notifying such person of such transfer, discontinuance or termination; and
(3) Provide the Department of Public Health with a notice of such transfer, discontinuance or termination and a list of all unclaimed cremated remains held by the funeral service business at the time of such transfer, discontinuance or termination not later than ten days after any such transfer, discontinuance or termination.
(P.A. 06-195, S. 21; P.A. 11-242, S. 49; P.A. 18-168, S. 32.)
History: P.A. 11-242 amended Subdiv. (1) by substituting “funeral service contract” for “funeral contract”; P.A. 18-168 replaced “inspection certificate” with “funeral home license”.
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Sec. 20-223. Embalmers may act as funeral directors. Any embalmer's license issued by the Department of Public Health shall entitle the holder thereof to act as a funeral director or embalmer, provided owners of establishments operating a funeral service business shall comply with the provisions of section 20-222.
(1949 Rev., S. 4540; 1951, S. 2262d; P.A. 80-484, S. 93, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 80-484 replaced board of examiners with department of health services as licensing authority; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Not retrospective in operation. 129 C. 132. Former statute unconstitutional in part. Id., 134.
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Sec. 20-224. Employment of assistants and registered apprentices. Apprentice registration. (a) The provisions of sections 20-217, 20-220 and 20-227 shall not prohibit the employment of assistants or of registered apprentice embalmers and registered apprentice funeral directors as provided in this chapter, provided a licensed funeral service business may employ no more than two registered apprentice embalmers at any one time, and any person, firm, corporation or other organization engaged in the business of funeral directing may employ no more than one registered apprentice funeral director at any one time, without the approval of the Board of Examiners of Embalmers and Funeral Directors.
(b) Registered apprentice embalmers and registered apprentice funeral directors shall register as apprentices with the Department of Public Health, in the manner prescribed by the commissioner in regulations adopted pursuant to section 20-211, for purposes of completing practical training and experience pursuant to the provisions of this chapter.
(1949 Rev., S. 4541; 1951, S. 2263d; P.A. 73-80; P.A. 80-484, S. 162, 176; P.A. 92-59, S. 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 21-121, S. 17.)
History: P.A. 73-80 made proviso re employment of student embalmers applicable to licensed “funeral service business” rather than to “embalmer” and required approval of board of examiners before employment of more students than allowed is undertaken; P.A. 80-484 deleted reference to repealed Sec. 20-225 and deleted word “registered” modifying student embalmers; P.A. 92-59 made the existing section Subsec. (a) and added Subsec. (b) concerning registration; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 21-121 amended Subsecs. (a) and (b) by replacing references to student embalmers with references to registered apprentice embalmers and replacing references to student funeral directors with references to registered apprentice funeral directors; P.A. 21-121 amended Subsecs. (a) and (b) by replacing references to student embalmers with references to registered apprentice embalmers and replacing references to student funeral directors with references to registered apprentice funeral directors.
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Sec. 20-225. Registration of students. Section 20-225 is repealed.
(1949 Rev., S. 4542; 1951, S. 2264d; 1959, P.A. 616, S. 65; June, 1971, P.A. 8, S. 74; 1972, P.A. 223, S. 13; P.A. 80-484, S. 175, 176.)
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Sec. 20-226. Lists of licensees and students to be filed with town clerks. Section 20-226 is repealed, effective July 6, 2021.
(1949 Rev., S. 4534; 1951, S. 2265d; 1967, P.A. 835, S. 4; P.A. 77-614, S. 323, 610; P.A. 80-484, S. 163, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 21-121, S. 99.)
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Sec. 20-227. Disciplinary action; grounds; appeals. The Department of Public Health may refuse to grant a license or the board may take any of the actions set forth in section 19a-17 against a licensee or registrant if it finds the existence of any of the following grounds: (1) The practice of any fraud or deceit in obtaining or attempting to obtain a license or registration; (2) violation of the statutes or regulations of said department relative to the business of embalming or funeral directing in this state; (3) the conviction of a crime in the course of professional activities; (4) incompetency, negligence or misconduct in the carrying on of such business or profession; (5) violation of or noncompliance with the provisions of this chapter or the rules established hereunder; (6) loaning, borrowing or using a license of another, or knowingly aiding or abetting in any way the granting of an improper license; (7) aiding or abetting the practice of embalming or funeral directing by an unlicensed person; (8) physical or mental illness, emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process; or (9) abuse or excessive use of drugs, including alcohol, narcotics or chemicals. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order of any action taken pursuant to section 19a-17. The Department of Public Health shall not refuse to renew any license nor shall the board suspend any such license or registration until the holder thereof has been given notice and opportunity for hearing in accordance with the regulations adopted by the Commissioner of Public Health. Any person aggrieved by the action of said department in refusing to renew a license or by the action of said board in suspending or revoking any license or registration under the provisions of this chapter or action taken under section 19a-17 may appeal therefrom in accordance with the provisions of section 4-183. No person whose license or registration is suspended or revoked shall, during such suspension or revocation, enter or engage, either personally or through any corporation, partnership or other organization, or through any agent, in any of the activities which such license or registration entitled such person to engage in; nor shall any such person receive any money or any other valuable consideration on account of engaging in any of such activities. No person shall pay, promise, offer or give to anyone whose license or registration is suspended or revoked any money or other valuable consideration for engaging in any of the activities which such license or registration entitled such person to engage in.
(1949 Rev., S. 4544; 1951, S. 2266d; 1967, P.A. 835, S. 5; P.A. 76-436, S. 429, 681; P.A. 77-603, S. 75, 125; 77-614, S. 438, 587, 610; P.A. 78-280, S. 46, 127; 78-303, S. 85, 136; P.A. 80-484, S. 94, 176; P.A. 88-163, S. 4; 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4–6; 95-257, S. 12, 21, 58; P.A. 18-168, S. 33.)
History: 1967 act added provision in Subdiv. (i) that “the department of health shall not refuse to renew any license” and deleted obsolete reference to refusal by board to renew license, added to second sentence of the same Subdivs. “the department of health in refusing to renew license or by the action of” the board and deleted obsolete provision with reference to board's action to “renew” license or registration; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced reference to petitions to court with reference to appeals in accordance with Sec. 4-183; P.A. 77-614 and P.A. 78-303 replaced department of health with department of health services, amended Subdiv. (f) to refer to rules established under chapter rather than to rules of board, rephrased notice and hearing provision with provision for notice and hearing adopted by health services commissioner and deleted remaining appeal provisions, retaining reference to Sec. 4-183, effective January 1, 1979; P.A. 78-280 reiterated changes to appeal provisions; P.A. 80-484 transferred power of board to refuse license to health services department, expanded board's power to suspend or revoke license to include other disciplinary actions under Sec. 19-4s, revised grounds for disciplinary action, replacing conviction of crime of moral turpitude with crime in course of professional activities, deleting misleading advertising as ground, deleting solicitation of patronage by paying commissions or gratuities as ground and adding grounds re physical or mental illness, etc. and re drug abuse, etc. and added provision re physical or mental examinations and re petitions to court for enforcement of orders or actions; P.A. 88-163 added references to inspection certificates; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 18-168 deleted references to inspection certificate, and made technical changes.
Cited. 41 CS 211.
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Sec. 20-227a. Conditions for prohibition of disciplinary action for invalidation of examination score. (a) Notwithstanding the provisions of sections 20-213, 20-217 and 20-227, the Connecticut Board of Examiners of Embalmers and Funeral Directors and the Department of Public Health shall not take any disciplinary action pursuant to section 20-227 against a licensed embalmer or funeral director who received notification on or before October 1, 2017, that the licensee's score on the national board examination was invalidated as a result of the invalidation of such score if the licensee (1) retakes and successfully completes the prescribed examination not later than October 1, 2018, or (2) completes forty-five hours of continuing education and submits certificates of course completion to the department on or before July 1, 2019. The hours of continuing education under this subsection shall be in addition to the hours required under section 20-219a.
(b) At least six of the hours under subdivision (2) of subsection (a) of this section shall be in the area of ethics. The remaining hours shall be in areas related to the licensee's practice, including, but not limited to, bereavement care, business management and administration, religious customs and traditions related to funerals, cremation services, cemetery services, natural sciences, preneed services, restorative arts and embalming, counseling, funeral service merchandising, sanitation and infection control, organ donation or hospice care. The continuing education under said subdivision shall consist of courses offered or approved by the Academy of Professional Funeral Service Practice, educational offerings by a hospital or other licensed health care institution or courses offered by a regionally accredited institution of higher education.
(c) Any affected licensee who fails to successfully complete the examination on or before October 1, 2018, or fails to complete the hours of continuing education under subdivision (2) of subsection (a) of this section on or before July 1, 2019, shall have his or her license to practice as an embalmer or funeral director annulled, subject to the provisions of section 4-182.
(P.A. 17-146, S. 24; P.A. 18-25, S. 9.)
History: P.A. 18-25 designated existing provisions re embalmer or funeral director who received invalidation notification on or before October 1, 2017, as Subsec. (a) and amended same to designate provision re retaking and successful completion of examination as Subdiv. (1) and add Subdiv. (2) re 45 hours of continuing education, added Subsec. (b) re required subject areas of continuing education hours, designated existing provision re affected licensee who fails to successfully complete examination on or before October 1, 2018, as Subsec. (c) and amended same to add reference to hours of continuing education, effective May 29, 2018.
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Sec. 20-228. Reinstatement of registration or license of veteran. Any person who has served in the armed forces of the United States and who was a holder in good standing of a registration or a license as provided in this chapter at the date of his entry into the armed forces may, upon his separation from active duty in said armed forces or within one year thereafter, make application to the Department of Public Health for the reinstatement of the registration or license which he held at the time of his entry into the service as aforesaid. Said department shall issue such registration or license to such an applicant without examination, if it approves of his professional qualifications.
(1951, S. 2272d; 1967, P.A. 835, S. 6; P.A. 77-614, S. 323, 610; P.A. 80-484, S. 95, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1967 act substituted “department of health” for “board”; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 80-484 replaced reference to “moral” qualifications with reference to “professional” qualifications; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 19a-88b re renewal of registration or license for persons serving in U.S. armed forces.
See Sec. 27-103 for definition of “armed forces”.
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Sec. 20-229. Reciprocal agreements. The Commissioner of Public Health may enter into an agreement with the corresponding licensing authority of any other state competent to enter into such agreement, which agreement shall be in substantially the following form:
“We, the undersigned representatives of the various states, by and through their respective licensing authorities, hereby jointly agree that a person duly registered and licensed as a funeral director or embalmer in either one of the several states may go into the other state for the purpose of handling, embalming, transporting and burying dead human bodies and directing funerals as though he were registered under the laws of that state, except that he shall not maintain an establishment, advertise, have any agent or agency, or otherwise hold himself out as a funeral director or embalmer other than in his native state.
It is further agreed that the licensing authority of the state in which the funeral director or embalmer is licensed will assume the responsibility for instituting disciplinary action against any licensed funeral directors or embalmers who may be guilty of unprofessional conduct in the practice of their business in the other state, when such is called to their attention by the licensing authority of that state.”
Any such agreement may be rescinded by said commissioner at any time.
(1957, P.A. 153; P.A. 80-484, S. 96, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 80-484 replaced board with health services commissioner as authority for entering agreements with licensing authorities of other states; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-230. Business not to be conducted in cemetery or on tax-exempt property. Exemption. No person, firm, association or corporation shall engage in the business of funeral directing, except in continuing the supervision of a funeral, or in the profession of embalming or the sale of funeral merchandise in or on any cemetery or tax-exempt property. Facilities that accept bodies for anatomical purposes pursuant to section 19a-270 are exempt from this section.
(1949 Rev., S. 4548; 1951, S. 2267d; P.A. 05-272, S. 34.)
History: P.A. 05-272 exempted facilities that accept bodies for anatomical purposes pursuant to Sec. 19a-270, effective July 13, 2005.
Since statute was enacted prior to enactment of cemetery's charter, it has been impliedly repealed to the extent that it prohibits the sale and conveyance of double depth burial crypts found to be authorized by the charter. 180 C. 680.
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Sec. 20-230a. Price list of available services and merchandise. Purchaser's rights. No licensed funeral director or licensed embalmer shall offer to sell services to arrange for or conduct funerals or offer to sell any merchandise used in connection with a funeral without first providing the purchaser of such services or merchandise with an itemized price list of all available services and merchandise and every such purchaser shall also be informed by such funeral director or embalmer, prior to entering into any sales agreement, of the right to select only such services or merchandise which the purchaser so desires.
(P.A. 77-219, S. 1.)
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Sec. 20-230b. Statement of prices for requested services and merchandise. Method of payment. Cash advanced. No person engaged in the business of funeral directing and no licensed funeral director or licensed embalmer shall fail to provide the person making funeral arrangements or arranging for disposition of a dead human body, at the time funeral arrangements are completed and prior to the time of rendering service or providing merchandise, a written statement indicating to the extent then known: (1) The price of the service that the person has selected and what is included therein; (2) the price of each supplemental item of service or merchandise requested; (3) the amount involved for each of the items for which the funeral firm will advance money as an accommodation to the family of the deceased; and (4) the methods of payment. No person engaged in the business of funeral directing and no licensed funeral director or licensed embalmer shall bill or cause to be billed any item that is referred to as a “cash advanced” item unless the net amount paid for such item by the funeral firm is the same as is billed by the funeral firm.
(P.A. 77-219, S. 2.)
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Sec. 20-230c. Cremation requests. Written documentation by funeral directors and funeral service businesses. If the person who has custody and control of the remains of a deceased person pursuant to section 45a-318 requests the disposal of the deceased person's body by cremation or if the deceased person had executed a cremation authorization document in accordance with the provisions of section 45a-318, the funeral director shall complete a written form containing the following information: (1) The name and address of the funeral service business that is responsible for the disposal of the deceased person's body; (2) the name of the deceased person; (3) the place and time of the cremation; (4) the name of the licensed funeral director or embalmer; (5) the name and address of the person who has custody and control of the remains of the deceased person; (6) a summary of the disposition, in accordance with section 20-230d, of the cremated remains, if unclaimed; and (7) a statement indicating the disposition of the cremated remains requested by the person who has custody and control of the remains of the deceased person or a statement indicating that the deceased person had executed a cremation authorization document in accordance with the provisions of section 45a-318. The written form shall be signed and dated by the person who has custody and control of the remains of the deceased person and by the funeral director. A copy of the signed form shall be provided to the person who has custody and control of the remains of the deceased person. The original signed form shall be maintained at the funeral service business, as required by section 20-222, for not less than six years from the date on which such form is signed by the person who has custody and control of the remains of the deceased person.
(P.A. 05-81, S. 1; P.A. 06-196, S. 250; P.A. 12-36, S. 2.)
History: P.A. 05-81 effective July 1, 2005; P.A. 06-196 made technical changes, effective June 7, 2006; P.A. 12-36 replaced provision requiring retention of original form at the funeral service business for 20 years with provision requiring maintenance of original form at the funeral service business, as required by Sec. 20-222, for 6 years.
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Sec. 20-230d. Disposition of unclaimed cremated remains by funeral directors. Notice requirements. (a) If the cremated remains are not accepted by a person in accordance with the requested disposition of the cremated remains on the form required by section 20-230c or by the person designated to take custody and control of the cremated remains, the funeral director may dispose of such cremated remains by: (1) Burial in a cemetery, (2) storage in a crypt of a mausoleum or columbarium, (3) scattering, (4) burial in a memorial garden, (5) storage at the funeral home, or (6) such other method identified in the signed form required by section 20-230c, provided the funeral director has complied with the notice requirements of subsection (b) of this section. Upon such disposal of the cremated remains, the funeral director shall notify, in writing, the registrar of vital records of the town where the death occurred, of the manner in which the cremated remains were disposed. Such written notice shall be attached to the cremation permit.
(b) If, because of the failure of the person responsible for accepting the cremated remains or the person designated to take custody and control of the cremated remains to accept such remains, a funeral director or embalmer possesses cremated remains for more than one hundred eighty days after the date of cremation, such funeral director or embalmer shall provide notice, by certified mail, to (1) the person who signed the form required by section 20-230c, and (2) (A) the person responsible for accepting such remains, or (B) the person designated to take custody and control of the cremated remains, if different from the person signing the form. Such notice shall provide that if the cremated remains are unclaimed for more than ninety days from the date of mailing of such notice, the remains will be disposed of in accordance with subsection (a) of this section.
(c) Any cremated remains in the possession of a funeral director on July 1, 2005, may be disposed of in the manner specified in subsection (a) of this section, provided the funeral director has made a reasonable attempt to notify the person who had custody and control of the remains of the deceased or a relative of the decedent. Such notice shall provide that if the cremated remains are unclaimed for more than one hundred eighty days from the date of mailing of such notice, the remains will be disposed of in accordance with subsection (a) of this section.
(P.A. 05-81, S. 2; P.A. 06-195, S. 14.)
History: P.A. 05-81 effective July 1, 2005; P.A. 06-195 amended Subsec. (a) by requiring funeral director to provide written notice of manner in which cremated remains were disposed to registrar of vital records of town where death occurred, rather than town from which cremation permit for deceased was issued, effective June 7, 2006.
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Sec. 20-230e. Service of nonalcoholic beverages and packaged food at a funeral home. Any person engaged in the business of funeral directing and any funeral director, as such terms are defined in section 20-207, may serve nonalcoholic beverages and packaged food, as defined in section 21a-151, to a person at the time he or she is making funeral arrangements or arranging for disposition of a dead human body at a funeral home.
(P.A. 14-231, S. 54.)
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Sec. 20-231. Misleading statement by license applicant; penalty. (a) No applicant for an embalmer's license or a funeral director's license shall present to the Department of Public Health any written statement, signed either by himself or any other person, which is misleading or untrue.
(b) Any person who violates this section shall be fined not more than one hundred dollars for each offense.
(1949 Rev., S. 4549; 1951, S. 2268d; P.A. 80-484, S. 97, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 80-484 replaced board of examiners with department of health services in Subsec. (a), deleted Subsecs. (b) to (e) containing prohibitions against solicitations of employment and advertising and redesignated former Subsec. (f) as Subsec. (b); P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-232. Disposition of fees and fines. All fees collected and fines paid under the provisions of this chapter shall be paid to the secretary of said board, and by him accounted for and paid over to the State Treasurer.
(1949 Rev., S. 4550; 1951, June, 1955, S. 2269d.)
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Sec. 20-233. Penalty. Any person, firm, corporation or partnership, or his or its agent or representative, who violates any provision of section 20-217, 20-220, 20-221, 20-224, 20-227, 20-230a or 20-230b shall be fined not more than one hundred dollars for the first offense, and for the second offense not less than one hundred dollars nor more than five hundred dollars, and his license shall be suspended for such period, not less than six months, as the board determines. Any person who violates any provision of this chapter, for the violation of which no other penalty has been provided, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. No provision of this chapter shall apply to officials of public institutions or to federal officers in the discharge of their duty. No provision of this chapter shall be construed to prohibit persons enrolled in approved programs of education in mortuary science from participating in practical activities for academic credit in such programs, provided such activities are performed under the direct and immediate supervision of a faculty member of such program who is licensed pursuant to this chapter and acting within the scope of such license.
(1949 Rev., S. 4551; 1951, S. 2271d; P.A. 77-219, S. 3; P.A. 80-484, S. 164, 176; P.A. 92-59, S. 3.)
History: P.A. 77-219 made violation of Secs. 20-230a and 20-230b punishable as provided; P.A. 80-484 deleted reference to repealed Sec. 20-225; P.A. 92-59 added language concerning participation in practical activities by mortuary science students.
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