CHAPTER 385*
EMBALMERS AND FUNERAL DIRECTORS
*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.
Former statute cited. 129 C. 133.
Secs. 20-217 to 20-233. Constitutionality of former statutes discussed. 129 C. 129. Chapters 383 to 388, inclusive, cited. 207 C. 674. Cited. 242 C. 1.
Table of Contents
Sec. 20-207. Definitions.
Sec. 20-208. Examining board.
Sec. 20-209. Powers and duties. Oath.
Sec. 20-209a. Duties of board.
Sec. 20-210. Compensation of members; secretary.
Sec. 20-211. Regulations.
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. 20-219. Renewal.
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. Inspection certificate. Hearing; appeal. Record-keeping requirements.
Sec. 20-222a. Renewal of licenses and inspection certificates.
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 students. 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. 20-230b. Statement of prices for requested services and merchandise. Method of payment. Cash advanced.
Sec. 20-230c. Cremation requests. Written documentation by funeral directors and funeral service businesses.
Sec. 20-230d. Disposition of unclaimed cremated remains by funeral directors. Notice requirements.
Sec. 20-231. Misleading statement by license applicant; penalty.
Sec. 20-232. Disposition of fees and fines.
Sec. 20-233. Penalty.
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, and (F) conducting an establishment from which funerals may be held;
(4) "Funeral director" means any person engaged or holding himself out as engaged in funeral directing whether or not he uses in connection with his name or business the words "funeral director," "undertaker" or "mortician" or any other word or title intended to designate him 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) "Student embalmer" means a person studying embalming and registered with the Department of Public Health as an apprentice pursuant to the provisions of this chapter;
(9) "Student funeral director" means a person studying the funeral service business and 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.)
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.
See Sec. 19a-91 re transportation of bodies of deceased persons.
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 title 2c re termination under "Sunset Law".
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 Public Health Department.
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.)
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.)
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.)
See Sec. 4-40a.
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.
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.)
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 student embalmer may, even if not in the presence of a licensed embalmer, make such injection or perform any other act under his 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 student 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 Public Health Code 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.
(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.)
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.
See Sec. 53-331 prohibiting use of arsenic in embalming.
Sec. 20-213. Embalmer's license. Examination. Fee. Out-of-state licensees. (a) After a student embalmer has completed a program of education in mortuary science 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 has completed one year of practical training and experience in full-time employment under the personal supervision and instruction of an embalmer licensed under the provisions of this chapter, such training and experience to be in the state of Connecticut and of a grade and character satisfactory to the commissioner, and has embalmed fifty human bodies under the supervision of a licensed embalmer or embalmers, he shall submit to the department an application and fee of one hundred sixty-five dollars and then be examined in writing on the Connecticut public health laws and the regulations of the Department of Public Health pertaining to the activities of an embalmer, and shall take an examination in practical embalming which shall include an actual demonstration upon a cadaver. When such registered student embalmer has satisfactorily passed said examinations, said department shall issue to him a license to practice embalming. At the expiration of such license, if the holder thereof desires a renewal, the department shall grant it pursuant to section 20-222a except for cause.
(b) Examinations for registration as a student 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 one hundred sixty-five 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.)
History: 1959 act increased fee in Subsec. (2) from ten to fifteen dollars 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 forty to one hundred dollars; 1972 acts changed minimum age for embalmer from twenty-one to eighteen, reflecting changed age of majority and reduced licensing fee in Subsec. (3) from one hundred to forty dollars; 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 one hundred to fifty; P.A. 88-163 reduced the practical training requirement from two years to one year, provided for a one-hundred-fifty-dollar application fee and added Subsec. (c) concerning licensing of persons licensed in another state; P.A. 89-251 increased the application fees from one hundred fifty dollars to one hundred sixty-five dollars; 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.
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.
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 him, or by a registered student embalmer under his personal supervision.
(1949 Rev., S. 4535; 1951, S. 2254d; P.A. 04-255, S. 25.)
History: P.A. 04-255 changed "certificate" to "affidavit".
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.
Sec. 20-217. Funeral director's license. Examination. Fee. Out-of-state licensees. (a) When a student 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 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 one hundred sixty-five dollars, he shall be entitled to be examined upon the Connecticut state law and regulations pertaining to his professional activities. If found to be qualified by the Department of Public Health, he 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 one hundred fifteen 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 one hundred sixty-five 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.)
History: 1959 act raised fee in Subsec. (2) from ten to fifteen dollars, quadrupled fee in Subsec. (3)(c) and deleted provision for ten-dollar 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 ten-dollar renewal fee in Subsec. (3)(c) and added full name of board to Subsec. (4); 1971 act raised fee in Subsec. (3)(c) from forty to one hundred fifty dollars and renewal fee from ten to one hundred dollars; 1972 act changed minimum age of applicant from twenty-one to eighteen 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 one hundred to fifty dollars and added Subsec. (c) concerning licensing of persons licensed in another state; P.A. 89-251 increased the application fees from one hundred fifty dollars to one hundred sixty-five dollars; May Sp. Sess. P.A. 92-6 raised license renewal fee for a funeral director from fifty to one hundred fifteen dollars; 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.
Under former statute board not justified in requiring embalmer's license for funeral directors. 129 C. 134. Former statute unconstitutional in part. Id.
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.
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.)
See Sec. 20-222a.
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. The 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, federal and state laws governing funeral services, 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 such certificate for a minimum of three years following the license renewal date for which the activity satisfies the continuing education requirement. Upon request by the department, the licensee 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.)
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.
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.
Sec. 20-222. Inspection certificate. 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 an inspection certificate 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 an inspection certificate for a funeral service business for each place of business, and each such application shall be accompanied by a fee of three hundred dollars and shall identify the manager. Each holder of an inspection certificate 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 fifty dollars. If the Department of Public Health issues to such applicant such an inspection certificate, the same shall be valid until July first next following, unless revoked or suspended.
(b) Upon receipt of an application for an inspection certificate or renewal thereof, 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 inspection certificate 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 certificate 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) All records relating to contracts for funeral services, prepaid funeral contracts or escrow accounts shall be maintained at the address of record of the funeral home identified on the certificate of inspection for a period of not less than three years after the death of the individual for whom funeral services were provided.
History: 1959 act quintupled application fee, raised renewal fee for same and fee when changing place of business from ten to twenty-five dollars 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 fifty to one hundred dollars and renewal fee from five to fifty dollars 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 thirty 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 ten 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 one hundred dollars to three hundred dollars and increased the renewal fee from fifty dollars to one hundred fifty dollars; 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 thirty 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.
Sec. 20-222a. Renewal of licenses and inspection certificates. Each embalmer's license, funeral director's license and inspection certificate 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 for license renewal of the sum of fifty-five dollars in the case of an embalmer, one hundred fifteen dollars in the case of a funeral director and for inspection certificate renewal the sum of one hundred fifty dollars for each certificate to be renewed. Fees for renewal of inspection certificates shall be given to the Department of Public Health on or before July first in each year and the renewal of inspection certificates shall begin on July first of each year and shall be valid for one calendar year. Licenses shall be renewed in accordance with the provisions of section 19a-88.
(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.)
History: 1971 act increased fee for license renewal from ten to one hundred dollars and for inspection certificate renewal from twenty-five to fifty dollars; 1972 act made hundred-dollar license renewal fee applicable to funeral directors only and set renewal fee for embalmers at ten dollars; 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 ten dollars to fifty dollars for embalmers and from one hundred dollars to fifty dollars for funeral directors; P.A. 89-251 increased the renewal fee for embalmers from fifty dollars to fifty-five dollars, increased the renewal fee for funeral directors from fifty dollars to fifty-five dollars and increased the renewal fee for an inspection certificate from fifty dollars to one hundred fifty dollars; May Sp. Sess. P.A. 92-6 raised license renewal fee for a funeral director from fifty-five to one hundred fifteen dollars; 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.
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, or limited partnership 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, or limited partnership that holds an ownership interest of ten per cent or more in such funeral service business.
(P.A. 98-174.)
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 inspection certificate has been issued shall:
(1) Notify each person who has purchased a prepaid funeral 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.)
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.
Sec. 20-224. Employment of assistants and students. Apprentice registration. (a) The provisions of sections 20-217, 20-220 and 20-227 shall not prohibit the employment of assistants or of student embalmers and student funeral directors as provided in this chapter, provided a licensed funeral service business may employ no more than two student 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 student funeral director at any one time, without the approval of the Board of Examiners of Embalmers and Funeral Directors.
(b) Student embalmers and student 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.)
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.
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.)
Sec. 20-226. Lists of licensees and students to be filed with town clerks. The Department of Public Health shall, on or before the tenth day of September in each year, or as soon thereafter as possible, forward to the town clerk or registrar of vital statistics of each town four printed lists duly verified, one containing the names of all licensed funeral directors, one the names of all licensed embalmers, one the names of all student embalmers and one the names of all student funeral directors, and such lists shall be kept on file in the office to which they have been transmitted. The Department of Public Health shall issue to each person granted a license or registration subsequent to the making of such list a card stating that the holder thereof has received a license or registration, as the case may be. The holders of such cards shall have the same rights as those whose names appear in the lists on file in the office of the town clerk.
(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.)
History: 1967 act substituted "the department of health" for "board" and deleted obsolete reference to state department of health receiving lists; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 80-484 deleted word "registered" modifying student embalmers; 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.
Sec. 20-227. Disciplinary action; grounds; appeals. The Department of Public Health may refuse to grant a license or inspection certificate or the board may take any of the actions set forth in section 19a-17 against a licensee, registrant or holder of an inspection certificate 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, registration or inspection certificate; (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 or inspection certificate of another, or knowingly aiding or abetting in any way the granting of an improper license or inspection certificate; (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 or inspection certificate nor shall the board suspend any such license, registration or inspection certificate 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 inspection certificate or by the action of said board in suspending or revoking any license, registration or inspection certificate 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, registration or inspection certificate 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, registration or inspection certificate entitled him 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, registration or inspection certificate is suspended or revoked any money or other valuable consideration for engaging in any of the activities which such license, registration or inspection certificate entitled him 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.)
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.
Cited. 41 CS 211.
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".
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.
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.
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.)
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.)
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 retained at the funeral service business for not less than twenty 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.)
History: P.A. 05-81 effective July 1, 2005; P.A. 06-196 made technical changes, effective June 7, 2006.
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.
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.
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.)
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.
********Sec. 19a-88b. Renewal of license, certificate, permit or registration which becomes void while holder on active duty in the armed forces of the United States. Exceptions. (a)(1) Notwithstanding section 19a-14 or any other provision of the general statutes relating to continuing education or refresher training, the Department of Public Health shall renew a license, certificate, permit or registration issued to an individual pursuant to chapters 368d, 368v, 371 to 378, inclusive, 379a to 388, inclusive, 393a, 395, 398, 399, 400a and 400c that becomes void pursuant to section 19a-88 or 19a-195b while the holder of the license, certificate, permit or registration is on active duty in the armed forces of the United States, not later than six months from the date of discharge from active duty, upon completion of any continuing education or refresher training required to renew a license, certificate, registration or permit that has not become void pursuant to section 19a-88 or 19a-195b. A licensee applying for license renewal pursuant to this section shall submit an application on a form prescribed by the department and other such documentation as may be required by the department.
(2) Notwithstanding section 19a-14 or any other provisions of the general statutes relating to continuing education, the Department of Public Health shall renew a license issued to an individual pursuant to chapter 370 that becomes void pursuant to section 19a-88 while the holder of the license is on active duty in the armed forces of the United States, not later than one year from the date of discharge from active duty, upon completion of twenty-five contact hours of continuing education that meet the criteria set forth in subsection (b) of section 20-10b. A licensee applying for license renewal pursuant to this subdivision shall submit an application on a form prescribed by the department and other such documentation as may be required by the department.
(3) Notwithstanding section 19a-14 or any other provision of the general statutes relating to continuing education, the Department of Public Health shall renew a license issued to an individual pursuant to chapter 379 that becomes void pursuant to section 19a-88 while the holder of the license is on active duty in the armed forces of the United States, not later than one year from the date of discharge from active duty, upon completion of twelve contact hours of continuing education that meet the criteria set forth in subsection (b) of section 20-126c. A licensee applying for license renewal pursuant to this subdivision shall submit an application on a form prescribed by the department and other such documentation as may be required by the department.
(4) Notwithstanding section 19a-14 or any other provision of the general statutes relating to continuing education, the Department of Public Health shall renew a license issued to an individual pursuant to chapter 381a that becomes void pursuant to section 19a-88 while the holder of the license is on active duty in the armed forces of the United States, not later than one year from the date of discharge from active duty, upon completion of six contact hours of continuing education that meet the criteria set forth in section 20-162r. A licensee applying for license renewal pursuant to this subdivision shall submit an application on a form prescribed by the department and other such documentation as may be required by the department.
(b) The provisions of this section do not apply to reservists or National Guard members on active duty for annual training that is a regularly scheduled obligation for reservists or members of the National Guard for training that is not a part of mobilization.
(c) 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.
(May 9 Sp. Sess. P.A. 02-7, S. 73; P.A. 05-213, S. 1; 05-275, S. 25; P.A. 06-195, S. 3.)
History: May 9 Sp. Sess. P.A. 02-7 effective August 15, 2002; P.A. 05-213 amended Subsec. (a) by designating existing language as Subdiv. (1), making technical changes therein and adding Subdiv. (3) requiring renewal of dental license that becomes void while holder is on active duty in the armed forces, upon the holder's completion of twelve contact hours of continuing education, and made technical changes in Subsec. (b); P.A. 05-275 amended Subsec. (a) by designating existing language as Subdiv. (1), amending said Subdiv. (1) to remove reference to chapter 370 and making technical changes and adding Subdiv. (2) requiring renewal of physician license that becomes void while holder is on active duty in the armed forces, upon the holder's completion of twenty-five contact hours of continuing education, and made technical changes in Subsec. (b); P.A. 06-195 added Subsec. (a)(4) re renewal of voided respiratory care practitioner licenses.
(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.)
CHAPTER 368k
CREMATORIES
Table of Contents
Sec. 19a-320. (Formerly Sec. 19-165). Erection and maintenance of crematories. Certificates of inspection. Fees.
Sec. 19a-321. (Formerly Sec. 19-166). Crematories at public institutions.
Sec. 19a-322. (Formerly Sec. 19-167). Records and certificates.
Sec. 19a-323. (Formerly Sec. 19-168). Cremation authorized. Cremation certificate required. Fee payable in certain cases.
Sec. 19a-324. (Formerly Sec. 19-169). Penalty.
Secs. 19a-325 to 19a-328.
Sec. 19a-320. (Formerly Sec. 19-165). Erection and maintenance of crematories. Certificates of inspection. Fees. (a) Any resident of this state, or any corporation formed under the law of this state, may erect, maintain and conduct a crematory in this state and provide the necessary appliances and facilities for the disposal by incineration of the bodies of the dead, in accordance with the provisions of this section. The location of such crematory shall be within the confines of an established cemetery containing not less than twenty acres, which cemetery shall have been in existence and operation for at least five years immediately preceding the time of the erection of such crematory, or shall be within the confines of a plot of land approved for the location of a crematory by the selectmen of any town, the mayor and council or board of aldermen of any city and the warden and burgesses of any borough; provided, in any town, city or borough having a zoning commission, such commission shall have the authority to grant such approval. On and after October 1, 1998, no crematory which is not operating on October 1, 1998, shall be located within five hundred feet of any residential structure or land used for residential purposes not owned by the owner of the crematory. This section shall not apply to any resident of this state or any corporation formed under the law of this state that was issued an air quality permit by the Department of Environmental Protection prior to October 1, 1998.
(b) Application for such approval shall be made in writing to the local authority specified in subsection (a) and a hearing shall be held within the town, city or borough in which such location is situated within sixty-five days from the date of receipt of such application. Notice of such hearing shall be given to such applicant by mail, postage paid, to the address given on the application, and to the Commissioner of Public Health, and by publication twice in a newspaper having a substantial circulation in the town, city or borough at intervals of not less than two days, the first being not more than fifteen days nor less than ten days, and the second being not less than two days before such hearing. The local authority shall approve or deny such application within sixty-five days after such hearing, provided an extension of time not to exceed a further period of sixty-five days may be had with the consent of the applicant. The grounds for its action shall be stated in the records of the authority. Each applicant shall pay a fee of ten dollars, together with the costs of the publication of such notice and the reasonable expense of such hearing, to the treasurer of such town, city or borough.
(c) (1) No such crematory shall be erected until the plans therefor have been filed with and approved by the Department of Public Health; and no such crematory shall be used until it has been inspected and received a certificate of inspection by said department and a fee of one thousand dollars is paid to the Department of Public Health for its inspection and approval.
(2) Each holder of an inspection certificate 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 two hundred fifty dollars. If the department issues to such applicant such an inspection certificate, the same shall be valid until July first next following, unless revoked or suspended.
(3) Upon receipt of an application for a renewal of such certificate, the Department of Public Health shall make an inspection of each crematory.
(4) A crematory shall be open at all times for inspection by the Department of Public Health. The department may make inspections whenever it deems advisable.
(5) If, upon inspection by the Department of Public Health, it is found that such crematory is in such condition as to be detrimental to public health, the department shall give to the applicant or operator of the crematory notice and opportunity for hearing as provided in regulations adopted by the Commissioner of Public Health, in accordance with the provisions of chapter 54. The commissioner may, after such hearing, revoke, suspend or refuse to issue or renew any such certificate upon cause found at hearing. Any person aggrieved by the finding of or action taken by the Department of Public Health may appeal therefrom in accordance with the provisions of section 4-183.
(6) 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.
(1949 Rev., S. 4723; 1971, P.A. 862, S. 11; P.A. 77-614, S. 323, 610; May Sp. Sess. P.A. 92-6, S. 10, 117; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-216, S. 1; June Sp. Sess. P.A. 01-4, S. 28, 58; P.A. 02-67, S. 1.)
History: 1971 act divided section into subsections and added provisions detailing application, hearing and approval procedures, deleting previous general provision stating that hearing after published notice is necessary for approval; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; Sec. 19-165 transferred to Sec. 19a-320 in 1983; May Sp. Sess. P.A. 92-6 amended Subsec. (c) to establish a fee of one thousand dollars for inspection and approval; 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. 98-216 amended Subdiv. (a) by adding provision prohibiting location of a crematory within five hundred feet of a residential structure or land used for residential purposes not owned by the owner of the crematory; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding exception for residents and corporations issued an air quality permit by the Department of Environmental Protection prior to October 1, 1998, effective July 1, 2001; P.A. 02-67 amended Subsec. (c) by designating existing provisions as Subdiv. (1) and substituting "received a certificate of inspection" for "approved", by adding Subdiv. (2) re the annual renewal of the inspection certificate and providing for a $250 fee, by adding Subdiv. (3) re inspection of crematory by department, by adding Subdiv. (4) requiring the crematory to be open at all times for inspection by the department, by adding Subdiv. (5) re finding by department that crematory is detrimental to public health and providing for notice and hearing, and by adding Subdiv. (6) specifying that inspection may be made by a person designated by the department or a representative of the commissioner.
See Sec. 19a-91 re transportation of bodies.
Section does not foreclose right to appeal from decision of a local authority with respect to location of a crematory. 87 CA 277. Commission failed to cause notice of public hearing on amended application to be published as required by this section. Id.
Sec. 19a-321. (Formerly Sec. 19-166). Crematories at public institutions. Any public institution in this state may erect and maintain a crematory for the incineration after death of the bodies of those connected with the institution officially or as inmates, and such others as may be deemed advisable by the administrative head of such institution. Such crematories shall be erected, maintained and conducted in accordance with the provisions of this chapter, and all crematories shall be made subject to the restrictions herein provided. No body shall be cremated in any such crematory if the body is claimed and removed, within seven days after receipt of notice, by relatives or interested friends or by the authorities of the town responsible for the burial of such person, but any body may be cremated with the consent of such relatives, friends or town authorities.
(1949 Rev., S. 4724; 1953, S. 2362d.)
History: Sec. 19-166 transferred to Sec. 19a-321 in 1983.
See Sec. 19a-270 re use of bodies for anatomical purposes.
See Sec. 19a-282 re circumstances under which delivery of bodies is prohibited.
Sec. 19a-322. (Formerly Sec. 19-167). Records and certificates. The managers of each crematory shall keep books of record, which shall be open at reasonable times for inspection, in which shall be entered the name, age, sex and residence of each person whose body is cremated, together with the authority for such cremation and the disposition of the ashes. The owner or superintendent shall complete the cremation permit required by section 19a-323, retain a copy for record and immediately forward the original permit to the registrar of the town in which the death occurred. The registrar shall keep the cremation permit on file and record it with other vital statistics. When any body is removed from this state for the purpose of cremation, the person having the legal custody and control of such body shall cause a certificate to be procured from the person in charge of the crematory in which such body is incinerated, stating the facts called for in this section, and cause such certificate to be filed for record with the registrar of the town in which the death occurred.
(1949 Rev., S. 4725; P.A. 04-255, S. 19.)
History: Sec. 19-167 transferred to Sec. 19a-322 in 1983; P.A. 04-255 required owner or superintendent to complete cremation permit and forward it to registrar, required registrar to keep such permit on file and changed place of filing cremation certificate from registrar issuing permit to registrar of town in which death occurred.
Sec. 19a-323. (Formerly Sec. 19-168). Cremation authorized. Cremation certificate required. Fee payable in certain cases. The body of any deceased person may be disposed of by incineration or cremation in this state or may be removed from the state for such purpose. If death occurred in this state, the death certificate required by law shall be filed with the registrar of vital statistics for the town in which such person died, if known, or, if not known, for the town in which the body was found. The Chief Medical Examiner, Deputy Chief Medical Examiner, associate medical examiner, or an authorized assistant medical examiner shall complete the cremation certificate, stating that such medical examiner has made inquiry into the cause and manner of death and is of the opinion that no further examination or judicial inquiry is necessary. The cremation certificate shall be submitted to the registrar of vital statistics of the town in which such person died, if known, or, if not known, of the town in which the body was found, or with the registrar of vital statistics of the town in which the funeral director having charge of the body is located. Upon receipt of the cremation certificate, the registrar shall authorize the cremation certificate, keep it on permanent record, and issue a cremation permit, except that if the cremation certificate is submitted to the registrar of the town where the funeral director is located, such certificate shall be forwarded to the registrar of the town where the person died to be kept on permanent record. The estate of the deceased person, if any, shall pay the sum of forty dollars for the issuance of the cremation certificate or an amount equivalent to the compensation then being paid by the state to authorized assistant medical examiners, if greater. No cremation certificate shall be required for a permit to cremate the remains of bodies pursuant to section 19a-270a. When the cremation certificate is submitted to a town other than that where the person died, the registrar of vital statistics for such other town shall ascertain from the original burial transit removal permit that the certificates required by the state statutes have been received and recorded, that the body has been prepared in accordance with the Public Health Code and that the entry regarding the place of disposal is correct. Whenever the registrar finds that the place of disposal is incorrect, the registrar shall issue a corrected burial transit removal permit and, after inscribing and recording the original permit in the manner prescribed for sextons' reports under section 7-72, shall then immediately give written notice to the registrar for the town where the death occurred of the change in place of disposal stating the name and place of the crematory and the date of cremation. Such written notice shall be sufficient authorization to correct these items on the original certificate of death. No body shall be cremated until at least forty-eight hours after death, unless such death was the result of communicable disease, and no body shall be received by any crematory unless accompanied by the permit provided for in this section. The fee for a cremation permit shall be three dollars and for the written notice one dollar. The Department of Public Health shall provide forms for cremation permits, which shall not be the same as for regular burial permits and shall include space to record information about the intended manner of disposition of the cremated remains, and such blanks and books as may be required by the registrars.
(1949 Rev., S. 4726; 1953, S. 2363d; 1959, P.A. 423; 1961, P.A. 227; 1963, P.A. 470; February, 1965, P.A. 48, S. 1; 1969, P.A. 699, S. 27; P.A. 77-614, S. 323, 610; P.A. 79-47, S. 6; P.A. 83-565, S. 1, 2; P.A. 90-158, S. 1; P.A. 91-89; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 04-255, S. 20; P.A. 05-81, S. 3.)
History: 1959 act deleted requirements that cremation certificate be under oath, that certificate be from director of health when death resulted from natural causes and for certificate from coroner and added provision re sum payable to medical examiner; 1961 act specified registrar of vital statistics and medical examiner be those for town in which person died or where funeral director having charge of the body is located, added provision for filing of and fee for cremation certificate, requiring registrar of other town to ascertain that the certificates have been received and recorded and the body prepared prior to issuing permit and that forms be provided by state health department rather than vital statistics bureau; 1963 act added reference to bodies cremated pursuant to Sec. 19-141 and changed technical language; 1965 act added provision that registrar of other town ascertain that place of disposal entry is correct, provision for issuance of corrected removal permit and for manner of inscribing and recording original permit, and deleted requirement that notice of registrar of other town be on a form supplied by state health department; 1969 act clarified provisions by streamlining language and adding reference to towns where bodies found but where deceased person did not necessarily die and deleted proviso re cremation upon authority of permit issued by another state; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 79-47 clarified language, replaced "certificate of death" with "death certificate" and "deputy medical examiner" with "deputy chief medical examiner" and added associate medical examiners as issuers of cremation certificates; Sec. 19-168 transferred to Sec. 19a-323 in 1983; P.A. 83-565 provided with respect to examination of the body and issuance of a cremation certificate, as required in cases of cremation, that estate of deceased, in lieu of previous fee of ten dollars, pay a fee of forty dollars or an amount equivalent to that paid to assistant medical examiners for such examination and certificate, if greater, except that no fee shall be required for the examination and certificate in cases of (1) violent death, (2) sudden death not caused by recognizable disease, (3) death under suspicious circumstances, (4) death related to disease resulting from employment or accident while employed and (5) death related to disease which may constitute a threat to public health; P.A. 90-158 removed language concerning external examination of the body by a medical examiner; P.A. 91-89 raised fee for cremation permit from fifty cents to three dollars; 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 specified that the Chief Medical Examiner, Deputy Chief Medical Examiner, associate medical examiner or authorized assistant medical examiner shall complete the cremation certificate, required registrar to keep cremation certificate and issue cremation permit, and made conforming changes; P.A. 05-81 replaced "issued in" with "submitted to" re town other than where person died, made a technical change and required Department of Public Health to provide space on cremation permits to record information about the intended manner of disposition of the cremated remains, effective July 1, 2005.
See Sec. 7-62b et seq. re procedures for death certificates, burial permits, burials, disinterments, etc.
Sec. 19a-324. (Formerly Sec. 19-169). Penalty. Any person who makes any false statement in procuring any permit required by chapter 93 or by this chapter, or who removes any body from this state for the purpose of cremation upon an ordinary removal permit, or who violates any provision of this chapter, shall be fined not more than five hundred dollars or imprisoned not more than five years.
(1949 Rev., S. 4727.)
History: Sec. 19-169 transferred to Sec. 19a-324 in 1983.
Secs. 19a-325 to 19a-328. Reserved for future use.
CHAPTER 368j
CEMETERIES
Table of Contents
Sec. 19a-295. (Formerly Sec. 19-146). Ownership and management of burial grounds. Town appropriations.
Sec. 19a-296. (Formerly Sec. 19-147). Cemetery associations.
Sec. 19a-297. (Formerly Sec. 19-148). Bylaws. Sexton.
Sec. 19a-298. (Formerly Sec. 19-149). Cemetery associations with capital stock organized prior to 1855.
Sec. 19a-299. (Formerly Sec. 19-150). Trust funds for care of cemeteries.
Sec. 19a-300. (Formerly Sec. 19-151). Funds for care of cemetery lots.
Sec. 19a-301. (Formerly Sec. 19-152). Establishment and management of perpetual funds. Accounting.
Sec. 19a-302. (Formerly Sec. 19-153). Takeover of fund. Appointment of cemetery committee.
Sec. 19a-303. (Formerly Sec. 19-154). Acceptance of legacy.
Sec. 19a-304. (Formerly Sec. 19-155). Care of funds by towns.
Sec. 19a-305. (Formerly Sec. 19-156). Probate Court may make allowance for care of lot.
Sec. 19a-306. (Formerly Sec. 19-157). Cemeteries in adjoining towns.
Sec. 19a-307. (Formerly Sec. 19-158). Sale of abandoned or unused lots.
Sec. 19a-308. (Formerly Sec. 19-159). Care of neglected cemeteries.
Sec. 19a-309. (Formerly Sec. 19-160). Headstones at soldiers' graves.
Sec. 19a-310. (Formerly Sec. 19-161). Approval of vaults above ground by Department of Public Health. Fees.
Sec. 19a-311. (Formerly Sec. 19-162). Inspection. Burial prohibited until certificate obtained.
Sec. 19a-312. (Formerly Sec. 19-163). Sale of crypts. Maintenance.
Sec. 19a-313. (Formerly Sec. 19-161a). Burials above ground restricted.
Sec. 19a-314. (Formerly Sec. 19-164). Penalty.
Sec. 19a-314a. Disclosure of dispute resolution procedure relating to the sale of any item or service by a town, ecclesiastical society or cemetery association which owns, manages or controls a cemetery. "Cemetery" defined.
Sec. 19a-315. "Ancient burial place", "burial ground authority" and "grave marker" defined.
Sec. 19a-315a. Use of ancient burial place.
Sec. 19a-315b. Protection of grave markers.
Sec. 19a-315c. Maintenance of burial places.
Secs. 19a-316 to 19a-319.
Sec. 19a-295. (Formerly Sec. 19-146). Ownership and management of burial grounds. Town appropriations. Towns and ecclesiastical societies may procure and hold lands for burial grounds and provide a hearse and pall for the burial of the dead. Cemeteries may be acquired, owned and managed and controlled by such towns and ecclesiastical societies, and by cemetery associations heretofore incorporated or incorporated as provided in section 19a-296, and by no other persons, firms or corporations. Any town may appropriate annually such sum as may be necessary to maintain and properly care for public cemeteries and public burying grounds owned or controlled by such town, and any town may appropriate annually such sums as may be necessary to aid in the maintenance and care of public cemeteries and public burying grounds owned or controlled by ecclesiastical societies or cemetery associations.
(1949 Rev., S. 4703; 1953, S. 2358d.)
History: Sec. 19-146 transferred to Sec. 19a-295 in 1983.
See Sec. 19a-91 re transportation of bodies.
See Sec. 25-41 prohibiting location of cemetery within one-half mile of reservoir.
Annotations to former section 19-146:
This section authorizes ancient practice. 77 C. 84.
Cited. 29 CS 292.
Sec. 19a-296. (Formerly Sec. 19-147). Cemetery associations. (a) Cemetery associations shall be organized in accordance with the provisions of sections 33-1025 to 33-1047, inclusive, and shall not be conducted for the purposes of speculation in cemetery lots and property, or for private gain, either directly or indirectly, to any of the members of any such association; and land for the enlargement of a cemetery may be taken in accordance with the provisions of section 48-18.
(b) The board of directors or board of trustees of any cemetery association shall hold an annual meeting of the association. At such annual meeting, the board shall accept an annual financial statement that shall contain an accounting of income and expenses of the cemetery association for the preceding fiscal year and an accounting of assets owned by the association. Such financial statement shall be included in the minutes of the annual meeting at which such financial statement was accepted. The board shall retain the minutes of such annual meeting for a period of not less than twenty years after such meeting.
(c) No officer, director or trustee of a cemetery association may serve as an officer, director or trustee of any company that manages or operates any aspect of the cemetery.
(d) Any interested party may petition the probate court for the district within which the cemetery owned or controlled by a cemetery association is located to require disclosure of the minutes of an annual meeting of the cemetery association including any financial statement required to be included in such minutes. The court may, after hearing, with notice to all interested parties, grant the petition and require disclosure of such minutes for such periods of time as it determines are reasonable and necessary on finding that: (1) The petitioner has an interest in the minutes sufficient to warrant disclosure, and (2) the petition is not for the purpose of harassment.
(1949 Rev., S. 4704; 1959, P.A. 617, S. 109; P.A. 96-256, S. 184, 209; P.A. 05-197, S. 2.)
History: 1959 act deleted reference to section 33-146, substituting sections 33-423 to 33-432; Sec. 19-147 transferred to Sec. 19a-296 in 1983; P.A. 96-256 replaced reference to Secs. 33-423 to 33-432, inclusive, with Secs. 33-1025 to Sec. 33-1047, inclusive, effective January 1, 1997; P.A. 05-197 designated existing provisions as Subsec. (a) and added Subsecs. (b) re annual meeting and financial statement, (c) re officers, directors and trustees and (d) re petition for disclosure of minutes and financial statement.
See Sec. 19a-314 re penalty for violation of this section.
Annotations to former section 19-147:
Special law authorizing one cemetery association to take land of another upheld. 77 C. 83. Association may still hold title to land, though all rights of burial are disposed of. 83 C. 204. Condemnation of land. 87 C. 428. The right of eminent domain is specifically given to the owner of any cemetery. 168 C. 447. Cited. 180 C. 680.
Cited. 16 CS 327. Cited. 29 CS 292.
Sec. 19a-297. (Formerly Sec. 19-148). Bylaws. Sexton. The selectmen of towns, cemetery associations or ecclesiastical societies, having the care of cemeteries, may enact bylaws providing for the care and management of all burial lots, and the protection of all shrubs, trees, fences and monuments thereon, provided no such bylaws shall require or result in the removal or banishing of any undamaged United States flag or armed forces service marker, including flagholders provided by veterans organizations, from any grave site, and may appoint superintendents and sextons for such cemeteries, who shall have the exclusive right to direct the opening of graves, and no grave shall be opened in any cemetery except with the consent of the superintendent or sexton. Any person to whom such bylaws have been made known who violates the same shall be fined not more than ten dollars. The incorporators, organizers or members of any cemetery association or, if no incorporators, organizers or members are living, the owners of burial lots therein, by a majority vote, may, at any meeting called for that purpose, amend its articles of association or its bylaws.
(1949 Rev., S. 4710; 1957, P.A. 13, S. 92; 1967, P.A. 161, S. 1; P.A. 79-105; P.A. 80-483, S. 79, 186; P.A. 96-209, S. 1.)
History: 1967 act added proviso re flag or service marker; P.A. 79-105 added flagholders provided by veterans organizations in proviso; P.A. 80-483 made technical grammar corrections; Sec. 19-148 transferred to Sec. 19a-297 in 1983; P.A. 96-209 added "or members" after "organizers".
See Sec. 7-66 re duties of sextons.
See Sec. 7-71 re required reporting of sexton's name to town registrar.
See Sec. 19a-309 re headstones at soldiers' graves.
Annotations to former section 19-148:
Bylaw forbidding any person to cut herbage without permission upheld; this section applies to a stock corporation. 78 C. 90.
Cited. 29 CS 292.
Sec. 19a-298. (Formerly Sec. 19-149). Cemetery associations with capital stock organized prior to 1855. Cemetery associations having capital stock and organized under the general law as to incorporating burial societies prior to 1855 may, when the principal and interest of the subscriptions for capital stock have been repaid and no dividends have been paid for sixty-five years, amend the articles of association by a majority vote of the stock present and voting at a special meeting of such association called for the purpose.
(1949 Rev., S. 4722.)
History: Sec. 19-149 transferred to Sec. 19a-298 in 1983.
Sec. 19a-299. (Formerly Sec. 19-150). Trust funds for care of cemeteries. Towns, ecclesiastical societies and cemetery associations may receive and hold in trust donations, the income of which is to be used wholly or in part for the care or improvement of their cemeteries and burial lots or of private lots within such cemeteries or elsewhere. All such donations shall be invested as by law required for the investment of trust funds, except when otherwise authorized by the donors. The principal of two or more such trust funds may be combined and merged in a single fund for the purpose of the investment of the same.
(1949 Rev., S. 4712; 1957, P.A. 329, S. 1.)
History: Sec. 19-150 transferred to Sec. 19a-299 in 1983.
See Sec. 33-264g authorizing receipt of funds derived by gift or devise.
Annotations to former section 19-150:
Cemetery association is not a benevolent society. 73 C. 678. Ecclesiastical society can accept gift, portion of which is to be devoted to a cemetery and the balance to maintaining its church. 82 C. 188. Cited. 151 C. 527.
Sec. 19a-300. (Formerly Sec. 19-151). Funds for care of cemetery lots. Money declared by an instrument in writing to be intended for the perpetual care, maintenance, improvement or embellishment of any cemetery in this state, or of any lot or plot therein, to an amount not less than one hundred dollars, may be deposited with the State Treasurer who shall, in the name of the state, receive and receipt therefor. Each depositor shall, at the time of making such deposit, file with the State Treasurer and with the Secretary of the State a copy of such instrument. The State Treasurer shall invest the money deposited with him under the provisions of this section, in the name of the state, in bonds or other obligations of the state or other securities in which he is authorized to invest money in behalf of the state; and, on the first days of February and August annually, he shall pay over the accrued interest thereof to the treasurer of the town in which the cemetery is located, and the same shall be expended in the same manner as the income of funds donated to towns under the provisions of section 19a-304. At the time of paying such interest the State Treasurer shall inform the person to whom it is paid of the purpose to which it is to be applied, as stated in the copy of such instrument, and such person shall thereupon apply it to such purpose.
(1949 Rev., S. 4713; 1959, P.A. 152, S. 51.)
History: 1959 act deleted references to county and county treasurer, county government having been abolished and substituted references to state; Sec. 19-151 transferred to Sec. 19a-300 in 1983.
Sec. 19a-301. (Formerly Sec. 19-152). Establishment and management of perpetual funds. Accounting. (a) Any cemetery association, organized as provided by law, may, by vote of the directors or members of such association, set aside the surplus funds of such association as a perpetual fund. Such fund shall be invested in accordance with the provisions of the statutes concerning the investment of trust funds. Such fund, together with any donation received by an ecclesiastical society or cemetery association pursuant to section 19a-303, shall be under the control, management and supervision of a committee of not fewer than three persons elected by such association or society. Such ecclesiastical society or cemetery association shall meet at least once annually. The treasurer of such society or association shall be, ex officio, the treasurer of such committee, and shall give bond, with surety, to the satisfaction of such committee, for the faithful discharge of his duties. He shall expend the income from such fund or donation for the management, care and maintenance of any cemetery owned or controlled by such ecclesiastical society or cemetery association, or for the purpose set forth in the instrument or declaration of trust regulating the use of such donation or fund if such instrument or declaration of trust should otherwise provide, at the times and in the manner designated by such society or association. The treasurer shall annually, on or before July first, make a report to such society or association, stating the income received, to whom it has been paid, the amount and condition of the fund and how it is invested. A copy of such report shall be filed with the probate court for the district within which the cemetery owned or controlled by the society or association is located. Any treasurer who fails to file such report with the probate court shall be fined not more than fifty dollars.
(b) Any interested party may petition the probate court having jurisdiction under this section to require an accounting by the treasurer. The court may, after hearing, with notice to all interested parties, grant the petition and require an accounting for such periods of time as it determines are reasonable and necessary on finding that: (1) The petitioner has an interest in the fund sufficient to entitle him to an accounting; (2) cause has been shown that an accounting is necessary; and (3) the petition is not for the purpose of harassment. The court shall cause notice of the hearing on the account be given to such parties and in such manner as it directs.
(c) The action to submit an accounting to the court shall not subject the fund to the continuing jurisdiction of the court.
(d) Upon the allowance of any such account, the court shall determine the rights of the parties, subject to appeal as in other cases.
(1949 Rev., S. 4714; 1953, S. 2359d; P.A. 98-219, S. 12.)
History: Sec. 19-152 transferred to Sec. 19a-301 in 1983; P.A. 98-219 added Subsecs. (b), (c) and (d) re petition of Probate Court to require accounting of perpetual fund by Treasurer.
Sec. 19a-302. (Formerly Sec. 19-153). Takeover of fund. Appointment of cemetery committee. If at any time such association fails to comply with the provisions of section 19a-301, the selectmen of the town in which such cemetery is located shall take over the care of such fund and file an annual report with the Probate Court in accordance with the provisions of section 19a-301. The selectmen may appoint a cemetery committee consisting of not fewer than three or more than seven members who are residents of such town. If three members are appointed, one shall serve for a term of two years, one for a term of four years and one for a term of six years; if four members are appointed, one shall serve for a term of two years, one for a term of four years and two for a term of six years; if five members are appointed, one shall serve for a term of two years, two for a term of four years and two for a term of six years; if six members are appointed, two shall serve for a term of two years, two for a term of four years and two for a term of six years; and if seven members are appointed, two shall serve for a term of two years, two for a term of four years and three for a term of six years. Biennially thereafter, they may appoint one member for a term of six years to replace each member whose term expires. Such committee shall have all of the powers and duties of a committee established as provided in section 19a-301.
(1953, S. 2360d; P.A. 03-252, S. 24; P.A. 04-257, S. 37.)
History: Sec. 19-153 transferred to Sec. 19a-302 in 1983; P.A. 03-252 changed the number of members of cemetery committee from three to not fewer than three or more than seven, and revised provisions re terms for members; P.A. 04-257 made technical changes, effective June 14, 2004.
Sec. 19a-303. (Formerly Sec. 19-154). Acceptance of legacy. Any town or ecclesiastical society, at any meeting warned and held for that purpose, may accept, upon the terms and conditions expressed by a testator in his will, any legacy intended as a provision for the enlargement, improvement or repair of any cemetery or any part thereof, in any town in this state.
(1949 Rev., S. 4715.)
History: Sec. 19-154 transferred to Sec. 19a-303 in 1983.
Sec. 19a-304. (Formerly Sec. 19-155). Care of funds by towns. Such a donation, when received by a town, shall, unless otherwise directed by the donor, be paid to the town treasurer; and the income therefrom shall be paid by such treasurer to such person as the selectmen may annually appoint to receive and expend such income. The person so appointed shall give a bond to the town for such sum as the selectmen may fix, with surety to their satisfaction, conditioned for the faithful performance of his duties; and thereupon such person shall expend such income pursuant to the terms of the instrument or declaration of trust regulating the use thereof, and, when no specific direction has been made by the donor relative to the expenditure of such income, or when the purpose specified is incapable of performance, or when there is a surplus of income after the directions of the trust have been fully complied with and performed, he shall expend the same wholly or in part for the general care or improvement of the cemeteries and burial lots or of private lots within such cemeteries in such town.
(1949 Rev., S. 4716; 1957, P.A. 329, S. 2.)
History: Sec. 19-155 transferred to Sec. 19a-304 in 1983.
Sec. 19a-305. (Formerly Sec. 19-156). Probate Court may make allowance for care of lot. The Court of Probate may allow, out of the estate of a deceased person in settlement before such court, such amount as it deems necessary for the perpetual care, or for care for such time as it determines, of the cemetery lot wherein the deceased is interred.
(1949 Rev., S. 4721.)
History: Sec. 19-156 transferred to Sec. 19a-305 in 1983.
Sec. 19a-306. (Formerly Sec. 19-157). Cemeteries in adjoining towns. When any cemetery association or ecclesiastical society owns or manages a cemetery or cemeteries in two adjoining towns, or in the town next adjoining the town in which such association or society is located, a certificate of the registrar of that one of such towns in which any person dies shall be sufficient to enable such association or society to bury such deceased person in any of the cemeteries owned or managed by it as aforesaid.
(1949 Rev., S. 4718.)
History: Sec. 19-157 transferred to Sec. 19a-306 in 1983.
Sec. 19a-307. (Formerly Sec. 19-158). Sale of abandoned or unused lots. Any town or any mutual nonstock cemetery association or corporation having charges legally assessed against any lot in the cemetery under its control or any holder of any such lot which have been due and unpaid for at least ten years shall be authorized to sell the unused portion of such lot in such manner as its legislative body or governing board, as the case may be, may direct, provided a notice shall be sent by registered or certified mail to any such lotholder and any other person known to be beneficially interested in any such lot, at the last-known address of such lotholder or other person, which notice shall substantially contain the information that, if such legally assessed charges are not paid within a year from the date of the issuance of such notice, such town, cemetery association or corporation may take over any unused portion of such lot for the purpose of sale, provided space shall be reserved for the surviving spouse, if any, of the original lotholder, if the surviving spouse would otherwise be eligible for burial in such cemetery under the rules and regulations governing burials in such cemetery. If such town, association or corporation is unable to determine any person known to be beneficially interested in any such lot, it shall cause to be published, in a newspaper having a circulation in the town in which the cemetery is located, at least once a week for three consecutive weeks, a notice containing the same information as is sent to any known lotholder or person known to be beneficially interested. The proceeds from the sale of such unused portion of such lots shall first be used to reimburse such town, association or corporation for any past due charges and costs of sale. The balance shall be placed in a perpetual care fund, the interest from which shall be expended in the care of such uncared-for lots in such cemetery as are designated by the legislative body of such town or the governing board of such cemetery, as the case may be.
(1949 Rev., S. 4705; 1957, P.A. 97; 1971, P.A. 172.)
History: 1971 act allowed towns, acting through their legislative bodies, to sell abandoned or unused lots in cemeteries under their control; Sec. 19-158 transferred to Sec. 19a-307 in 1983.
See Sec. 19a-314 re penalty for violation of this section.
Sec. 19a-308. (Formerly Sec. 19-159). Care of neglected cemeteries. In any town in which there is a burial ground or cemetery containing more than six places of interment and not under the control or management of any currently functioning cemetery association, which has been neglected and allowed to grow up to weeds, briars and bushes, or about which the fences have become broken, decayed or dilapidated, the selectmen of such town may annually cause such burial ground to be cleared of weeds, briars and bushes, and may cause its fences or walls to be repaired and kept in orderly and decent condition and its memorial stones to be straightened.
(1949 Rev., S. 4719.)
History: Sec. 19-159 transferred to Sec. 19a-308 in 1983.
Annotation to former section 19-159:
Cited. 168 C. 447.
Sec. 19a-309. (Formerly Sec. 19-160). Headstones at soldiers' graves. No cemetery association shall make or enforce any bylaw, order or regulation prohibiting the erection of any tombstone or headstone, provided by the state or otherwise, at the grave of any soldier, sailor or marine buried in such cemetery. Each association or officer thereof who violates any provision of this section shall be fined fifty dollars.
(1949 Rev., S. 4720.)
History: Sec. 19-160 transferred to Sec. 19a-309 in 1983.
See Sec. 19a-297 re authority of selectmen, cemetery associations or ecclesiastical societies to enact bylaws for management and care of burial lots.
Sec. 19a-310. (Formerly Sec. 19-161). Approval of vaults above ground by Department of Public Health. Fees. No person shall construct any vault, crypt, columbarium or mausoleum for public use, wholly or partially above the surface of the ground, to be used to contain the body of any dead person (1) unless the same is located within the confines of an established cemetery containing not less than five acres, which cemetery has been in existence and operation for a period of at least five years immediately preceding the time of the erection thereof, or (2) if located within a cemetery containing less than five acres, such location has been approved by the selectmen of any town, the mayor and council or board of aldermen of any city and the warden and burgesses of any borough; except that in any town, city or borough having a zoning commission or combined planning and zoning commission, such commission shall have the authority to grant such approval; nor until plans and specifications for such vault, crypt, columbarium or mausoleum are approved by the Department of Public Health and a fee of one thousand dollars is paid to the Department of Public Health for its review and approval of such plans and specifications, provided a columbarium which is used solely as a repository for the remains, after cremation, of deceased persons and is located on the premises of any religious society or corporation shall not be subject to the provisions of this section. Such plans and specifications shall set forth the sections, halls, rooms, corridors, elevators or other subdivisions thereof, with their descriptive names and numbers, and shall provide: (a) That such structure be so arranged that the cell, niche or crypt may be readily examined at any time by any person authorized by law to do so; (b) that the materials of which such structure is to be constructed are to be of the best quality and of a character best suited for the purposes intended; and (c) that the structure shall be so constructed as to insure its durability and permanence as well as the safety, convenience, comfort and health of the community in which it is located, as dictated and determined at the time by modern mausoleum construction and engineering science. The person making the application shall file a certificate of such approval, signed by the Commissioner of Public Health, with a copy of such plans and specifications, in the office of the town clerk of the town wherein such structure is to be erected, and such clerk shall retain the same on file.
(1949 Rev., S. 4706; 1969, P.A. 30; 1971, P.A. 34, S. 1; P.A. 77-614, S. 323, 610; P.A. 87-490, S. 4; May Sp. Sess. P.A. 92-6, S. 9, 117; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1969 act deleted requirement that crypt or cell be constructed so as to be hermetically and permanently sealed stated in former Subdiv. (b) and redesignated remaining subdivisions accordingly; 1971 act excluded columbarium used solely for cremated remains and located on premises of religious society or corporation from provisions of section; P.A. 77-614 replaced department and commissioner of health with department and commissioner of health services, effective January 1, 1979; Sec. 19-161 transferred to Sec. 19a-310 in 1983; P.A. 87-490 inserted Subdiv. (2) concerning approvals in cemeteries containing less than five acres; May Sp. Sess. P.A. 92-6 established a fee of one thousand dollars for review and approval of plans; 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.
See Sec. 19a-314 re penalty for violation of this section.
Sec. 19a-311. (Formerly Sec. 19-162). Inspection. Burial prohibited until certificate obtained. Such structure shall be erected under the supervision of an inspector to be appointed by the Department of Public Health, which shall determine the amount of his compensation, such compensation to be paid by the person erecting the same. No vault, crypt, niche, mausoleum, columbarium or structure, and no addition or alteration thereof, shall be used for the purpose of interring therein any body until the person, firm or corporation operating such structure has obtained from said department a certificate, signed by the Commissioner of Public Health, certifying that the plans and specifications filed pursuant to the provisions of section 19a-310 have been complied with, and that the requirements for a maintenance fund provided for in subsection (b) of section 19a-312 have been complied with, which certificate shall be filed in the office of the town clerk of the town wherein the community mausoleum is located, provided a columbarium which is used solely as a repository for the remains, after cremation of deceased persons and is located on the premises of any religious society or corporation shall not be subject to the provisions of this section.
(1949 Rev., S. 4707; 1971, P.A. 34, S. 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-180, S. 59, 166.)
History: 1971 act excluded columbarium used solely for cremated remains and located on premises of religious society or corporation from provisions of section; P.A. 77-614 replaced department and commissioner of health with department and commissioner of health services, effective January 1, 1979; Sec. 19-162 transferred to Sec. 19a-311 in 1983; 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; P.A. 96-180 made a technical change, effective June 3, 1996.
See Sec. 19a-314 re penalty for violation of this section.
Sec. 19a-312. (Formerly Sec. 19-163). Sale of crypts. Maintenance. (a) No crypt or room in any mausoleum not privately owned, or niche in a columbarium not so owned, shall be sold or offered for sale, until such structure is entirely completed.
(b) There shall be established and maintained a fund for the perpetual care and maintenance of each such mausoleum and columbarium, by applying in the case of a mausoleum not less than the sum of one hundred dollars from the proceeds received from the sale of each crypt and ten per cent of the proceeds received from the sale of each room; and in case of niches in a mausoleum or columbarium, used as a repository for the remains of deceased persons after cremation, a sum which shall be equivalent to ten per cent of the sale price of each niche. If sales of crypts or rooms in any such mausoleum, or sales of niches in any such mausoleum or columbarium, are made upon a partial payment plan, there shall be set apart and applied to said maintenance fund from each such payment such proportion thereof as the number of partial payments bears to the total amount of the sum required to be set aside for such fund.
(c) When any mausoleum, vault, crypt or structure containing one or more deceased human bodies, in the opinion of the Department of Public Health, becomes a menace to public health, and the owner or owners thereof fail to remedy or remove the same to the satisfaction of said department, any court of competent jurisdiction may order the person, firm or corporation owning such structure to remove the deceased body or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt. If no such person, firm or corporation can be found in the county where such mausoleum, vault or crypt is located, such removal and interment shall be at the expense of the cemetery, city or town within which such mausoleum, vault or crypt is located, or of the cemetery association in charge of any such cemetery.
(d) Any cemetery or mausoleum maintained or constructed contrary to the provisions of this chapter shall be deemed a public nuisance and may be enjoined in an action brought by any taxpayer of this state.
(1949 Rev., S. 4708; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-163 transferred to Sec. 19a-312 in 1983; 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-314 re penalty for violation of this section.
Sec. 19a-313. (Formerly Sec. 19-161a). Burials above ground restricted. No person shall be buried, interred or entombed in any burying ground, or in any vault, niche, crypt, columbarium, mausoleum or structure wholly or partially above the surface of the ground, unless such burying ground or structure is located within the confines of an established cemetery which is owned, managed or controlled by a municipality, ecclesiastical society, cemetery association or corporation, as provided in this chapter, or a private burying ground or structure approved by the Department of Public Health.
(P.A. 75-138; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-161a transferred to Sec. 19a-313 in 1983; 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.
Sec. 19a-314. (Formerly Sec. 19-164). Penalty. Any officer, manager or agent of any corporation or association, or any other person, who violates any provision of section 19a-296, 19a-307, 19a-310, 19a-311 or 19a-312 shall be fined not more than five hundred dollars or imprisoned not more than six months or both; but no provision of said sections shall prohibit or apply to the construction of temporary receiving vaults.
(1949 Rev., S. 4709.)
History: Sec. 19-164 transferred to Sec. 19a-314 in 1983.
Sec. 19a-314a. Disclosure of dispute resolution procedure relating to the sale of any item or service by a town, ecclesiastical society or cemetery association which owns, manages or controls a cemetery. "Cemetery" defined. (a) As used in this section, "cemetery" means any place performing interments on or after October 1, 1995.
(b) Each town, ecclesiastical society or cemetery association which owns, manages or controls a cemetery shall disclose to each consumer, in writing at the time of the sale of any item or service, any dispute resolution procedure of such town, ecclesiastical society or cemetery association. The written disclosure shall also indicate that the consumer may contact the Department of Public Health or local public health director if the consumer has any complaints which concern violations of sections 7-64 to 7-72, inclusive, 19a-310 and 19a-311.
(P.A. 95-184, S. 1, 2; 95-257, S. 12, 21, 58; P.A. 01-195, S. 140, 181.)
History: P.A. 95-257 authorized substitution of Commissioner and Department of Public Health for Commissioner and Department of Public Health and Addiction Services, effective July 1, 1995; P.A. 01-195 made technical changes in Subsecs. (a) and (b), effective July 11, 2001.
Sec. 19a-315. "Ancient burial place", "burial ground authority" and "grave marker" defined. For purposes of sections 19a-315 to 19a-315c, inclusive:
(1) "Ancient burial place" means any tract of land within any municipality which has been used or has been in existence as a burial ground for more than one hundred years;
(2) "Burial ground authority" means the town, ecclesiastical society or cemetery association, as the case may be; and
(3) "Grave marker" means any of the following when used to mark graves in an ancient burial place, cemetery or burial ground: Tombs, monuments, gravestones, or fragments thereof and fences or curbing which enclose individual or family burial plots.
(P.A. 84-280, S. 1; P.A. 85-319, S. 1.)
History: P.A. 85-319 included the definition of "grave marker" and applied the definitions to Sec. 19a-315c.
Sec. 19a-315a. Use of ancient burial place. No municipality shall alienate or appropriate any ancient burial place to any use other than that of a burial ground. No portion of any ancient burial place shall be taken for public use without the approval of the General Assembly. If any ancient burial place is appropriated for any other use and the bodies buried therein or the grave markers marking the same are removed, the burial ground authority shall preserve a record of such removal indicating the date of such removal and the site or place to which such removal was made.
(P.A. 84-280, S. 2; P.A. 85-319, S. 2.)
History: P.A. 85-319 inserted "grave marker" in place of "monuments, gravestones or other memorials".
See Sec. 53a-218 re penalty for interference with cemetery or burial ground.
See Sec. 53a-219 re penalty for unlawful possession or sale of gravestones.
Sec. 19a-315b. Protection of grave markers. No grave marker within any cemetery or burial place shall be destroyed, injured or removed except in accordance with the provisions of either this section or section 19a-315c. Any such grave marker may be removed for the purpose of reproduction, preservation or display in an accredited museum upon (1) (A) the consent of the owner of the burial rights for the lot in which such grave marker is placed or the consent of a lineal descendant of the deceased, whose qualifications for giving such consent shall be determined by the burial ground authority, or (B) if such owner or qualified lineal descendant is unknown or does not respond within thirty days to a request for consent sent by registered or certified mail to such person's last known address, with the consent of the burial ground authority, and (2) the order of the probate court for the district in which such burial lot is located. Upon written application of such consenting owner, qualified lineal descendant or burial ground authority, the probate court may, after a hearing, with notice of such hearing having been given to the burial ground authority, the owner, the qualified lineal descendant, the Connecticut Commission on Culture and Tourism and otherwise as the court deems appropriate, order the removal of such grave marker if it finds that such removal is necessary or desirable for the protection and preservation of such grave marker.
(P.A. 84-280, S. 3; P.A. 85-319, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: P.A. 85-319 made numerous changes concerning giving of consent and removed provisions concerning subjects covered by Sec. 19a-315c; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism.
See Sec. 53a-218 re penalty for interference with cemetery or burial ground.
See Sec. 53a-219 re penalty for unlawful possession or sale of gravestones.
Sec. 19a-315c. Maintenance of burial places. (a) Notwithstanding the provisions of section 19a-315b, a burial ground authority shall have the right to properly maintain an ancient burial place, cemetery or burial place, which right shall include: (1) Repair, rehabilitation, repositioning or resetting of grave markers in accordance with the rules and regulations of the burial ground authority; and (2) the renovation of the ancient burial place, cemetery or burial place as a whole.
(b) For purposes of subsection (a), no renovation of an ancient burial place, cemetery or burial place as a whole may be commenced until after: (1) The burial ground authority has conspicuously posted within the ancient burial place, cemetery or burial place, for a period of not less than ninety days, a notice that such renovation shall take place; and (2) the burial ground authority, at least ninety days before commencing a renovation, has provided written notice to the probate court having jurisdiction over the location of the burial place and to the Connecticut Commission on Culture and Tourism. Such notice to the probate court shall describe the renovation plans and include photographs of any area or grave marker involved.
(c) Following the notice period provided for in subsection (b) of this section, and subject to the provisions of subsection (d) of this section, a burial ground authority may renovate an ancient burial place, cemetery or burial place by: (1) The removal of any or all fencing, railing or curbing, if such removal is determined by the burial ground authority to be necessary or desirable for the proper and efficient maintenance of the ancient burial place, cemetery or burial place as a whole; and (2) the repositioning or resetting of any monument or tombstone.
(d) At any time prior to the expiration of the notice period provided for in subsection (b) of this section, the probate court may assume jurisdiction over such renovation and order a hearing, with notice of such hearing to be given to the burial ground authority, the owner, the qualified lineal descendant, the Connecticut Commission on Culture and Tourism and otherwise as the court deems appropriate, to determine whether such renovation is necessary for the proper and efficient maintenance of the ancient burial place, cemetery or burial place as a whole. Upon notice of such hearing, the burial ground authority shall not proceed with such renovation except in accordance with the order of the probate court.
(P.A. 85-319, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30; P.A. 05-288, S. 77.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 05-288 made technical changes in Subsecs. (c) and (d), effective July 13, 2005.
Secs. 19a-316 to 19a-319. Reserved for future use.
CHAPTER 743c
FUNERAL SERVICE CONTRACTS
Table of Contents
Sec. 42-200. Funeral service contracts: Definitions; requirements. Funeral service establishment to maintain copies of contracts. Notification to purchaser of transfer of more than fifty per cent ownership or of closure.
Sec. 42-201. Funeral service contracts limited to licensed firms and persons.
Sec. 42-202. Escrow accounts.
Sec. 42-203. Disposition of funds held in escrow.
Sec. 42-204. Cancellation of contract.
Sec. 42-205. Funeral service contract not a burial insurance policy.
Sec. 42-206. Unfair trade practice.
Sec. 42-206a. Arranging, promoting or selling funeral service contract with intent to defraud.
Sec. 42-206b. Intentional deprivation of services, property or merchandise under funeral service contract.
Sec. 42-206c. Limitation on prosecution.
Sec. 42-207. Irrevocable funeral contract. Revocation of revocable funeral contract purchased by Medicaid beneficiary.
Secs. 42-208 and 42-209.
Sec. 42-200. Funeral service contracts: Definitions; requirements. Funeral service establishment to maintain copies of contracts. Notification to purchaser of transfer of more than fifty per cent ownership or of closure. (a) For the purposes of this section and sections 42-201 to 42-206c, inclusive, "funeral service contract" means a contract which requires the payment of money or the delivery of securities in exchange for the final disposition of a dead human body, including funeral, burial or other services, or the furnishing of personal property or funeral merchandise in connection with any such disposition, wherein the use or delivery of such services, property or merchandise is not required immediately, "beneficiary" means the person for whom the goods or services purchased in a funeral service contract are to be provided, and "purchaser" means the person who signs the funeral service contract.
(b) A funeral service contract shall be in writing and shall contain the following:
(1) The name, address, telephone number and Social Security number of the beneficiary and the purchaser;
(2) The name, address, telephone number and license number of the funeral director for the funeral service establishment providing the goods or services;
(3) A list of the selected goods or services, if any;
(4) The amount of funds paid or to be paid by the purchaser for such contract, the method of payment and a description of how such funds will be invested and how such investments are limited to those authorized pursuant to subsection (c) of section 42-202;
(5) A description of any price guarantees by the funeral service establishment or, if there are no such guarantees, a specific statement that the contract contains no guarantees on the price of the goods or services contained in the contract;
(6) The name and address of the escrow agent designated to hold the prepaid funeral services funds;
(7) A written representation, in clear and conspicuous type, that the purchaser should receive a notice from the escrow agent acknowledging receipt of the initial deposit not later than twenty-five days after receipt of such deposit by a licensed funeral director;
(8) A description of any fees to be paid from the escrow account to the escrow agent or any third party provider;
(9) A description of the ability of the purchaser or the beneficiary to cancel a revocable funeral service contract and the effect of cancelling such contract;
(10) For irrevocable contracts, a description of the ability of the beneficiary to transfer such contract to another funeral home; and
(11) The signature of the purchaser or authorized representative and the licensed funeral director of the funeral service establishment.
(c) A funeral service establishment shall maintain a copy of all funeral service contracts entered into or assigned to such establishment and a list of each escrow account established pursuant to such contracts. Such list shall include the name and address of the escrow agent, the amount of funds deposited with such agent and the name and address of the purchaser of the funeral services contract. Such contracts shall be maintained by the funeral service establishment for a period of six years after the completion of the contracted services. Such establishment shall disclose such information, upon request, to the Commissioner of Public Health, the Commissioner of Consumer Protection or the Attorney General.
(d) A funeral service establishment shall notify the purchaser of each prepaid funeral contract with such establishment not later than ten days after any transfer of more than a fifty per cent ownership share of such establishment to another person or of the closure of such establishment.
(P.A. 85-376, S. 1; P.A. 05-248, S. 7; P.A. 06-87, S. 1.)
History: P.A. 05-248 replaced reference to Sec. 42-206 with Sec. 42-206c and made a technical change; P.A. 06-87 designated existing provisions as Subsec. (a) and defined "beneficiary" and "purchaser", and added Subsec. (b) re requirements for funeral service contracts, Subsec. (c) requiring funeral service establishments to maintain copies of funeral service contracts and Subsec. (d) requiring notification of purchasers re transfer of more than fifty per cent ownership share or closure of establishment.
Sec. 42-201. Funeral service contracts limited to licensed firms and persons. No person, firm or corporation shall enter into a funeral service contract to provide such services, property or merchandise unless such person, firm or corporation is licensed in accordance with the provisions of chapter 385. No person may arrange, promote or sell any funeral service contract on behalf of a funeral service establishment unless such person is an embalmer or funeral director licensed in accordance with the provisions of chapter 385. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.
(P.A. 85-376, S. 2; P.A. 05-248, S. 3.)
History:. P.A. 05-248 added provision making violation of section a class A misdemeanor.
Sec. 42-202. Escrow accounts. (a) A licensed funeral service establishment shall deposit any money or securities which such establishment receives pursuant to a funeral service contract, and not later than fifteen days after its receipt of such money or securities, in one or more escrow accounts established in accordance with the provisions of this section. Not later than ten days after the initial deposit of such money or securities, the escrow agent shall notify the purchaser, in writing, of the agent's receipt of such initial deposit and the amount of such initial deposit. Such escrow agent shall notify the purchaser of any transfer of such funds or securities, except when such transfer is to pay for services as required by the funeral service contract. Such funds or securities shall not be transferred to an insurance contract without a description to the purchaser by the funeral director of any fees, costs or commissions associated with such insurance contract and without obtaining the written consent of the purchaser to such transfer.
(b) Each escrow account established pursuant to this section shall be administered and maintained by an escrow agent. The funeral service establishment which deposits money or securities in such escrow account shall appoint such agent who shall be one of the following: (1) A national banking association; (2) a state bank and trust company; (3) a federal or state chartered savings bank; (4) a federal or state chartered savings and loan association; (5) a licensed insurance company; or (6) a registered broker-dealer. No such institution shall be appointed as an agent unless such institution is authorized by law to act as an escrow agent.
(c) Assets held in escrow accounts established pursuant to this section shall be invested in one or more of the following: (1) Deposit accounts insured by the Federal Deposit Insurance Corporation; (2) accounts insured against loss of principal by an agency or instrumentality of the United States government; (3) bonds in which savings banks in this state may, by law, invest; (4) bonds of the United States or any agency thereof or of this state or any municipality of this state; (5) insurance contracts with an insurance company licensed by the state of Connecticut to offer such contracts and maintaining not less than a B plus rating for financial security by A.M. Best; or (6) any other deposit account or security of a quality, safety and expense comparable to those set forth in this subsection.
(d) All interest, dividends and other income earned on the amounts deposited in an escrow account pursuant to this section shall be retained in such escrow account and credited, less any administration expenses, to the respective interests of those persons for whose benefit the escrow account is maintained. Amounts in an escrow account shall be removed from such account only as provided in sections 42-200 to 42-206, inclusive. Each party to a funeral service contract shall receive an annual statement of the amount credited to such party's escrow account. Such statement shall include the name and address of the escrow agent.
(e) If a purchaser of funeral services, property or merchandise defaults in making payments required under the terms of such contract, or if the purchaser or the person responsible for making funeral arrangements for a deceased beneficiary fails to have the funeral service establishment provide services, the funeral service establishment may retain any origination fee and any costs actually and reasonably incurred by such establishment in the performance of the contract as liquidated damages, provided the sum of the amount retained as an origination fee and the amount retained to pay for costs incurred by the funeral establishment in the performance of the contract shall not exceed an amount equal to five per cent of the amount in the escrow account at the time the purchaser of funeral services defaults in making such payments. The balance of any amount remaining in the escrow account shall be paid to such purchaser upon request.
(f) A person, firm or corporation licensed in accordance with the provisions of chapter 385 which enters into a funeral service contract shall furnish the agent of an escrow account established in accordance with the provisions of this section with the name of the purchaser of such services, property or merchandise, the address and name of the beneficiary of the funeral service contract and the amount contracted for, together with a copy of the contract listing the services, personal property or merchandise to be furnished by the funeral service establishment. Nothing in this section shall prohibit the commingling within an escrow account of the money or securities received under more than one funeral service contract for the purpose of management and investment of funds in such escrow account.
(g) A funeral service contract shall provide that, if the particular merchandise provided for in the contract is not available at the time of death, the funeral service establishment shall furnish merchandise similar in style and at least equal in quality of material and workmanship to the merchandise provided for in the contract.
(P.A. 85-376, S. 3; P.A. 90-46, S. 1; P.A. 91-357, S. 62, 78; P.A. 06-87, S. 2.)
History: P.A. 90-46 amended section to require that only one escrow agent be named to administer escrow accounts established pursuant to funeral service contracts, where previously two were required; P.A. 91-357 deleted reference to the Federal Savings and Loan Insurance Corporation from Subsec. (c); P.A. 06-87 amended Subsec. (a) to make technical changes, require escrow agent to provide certain notification to purchaser and prohibit transfer of funds or securities to insurance contract without description to purchaser of fees, costs or commissions and without obtaining purchaser's written consent, made a technical change in Subsec. (b) and amended Subsec. (c) to add provision re investment of assets in insurance companies as new Subdiv. (5), redesignating existing Subdiv. (5) as (6) and deleting "insurance contract" therein.
Sec. 42-203. Disposition of funds held in escrow. Funds held in an escrow account in accordance with the provisions of a funeral service contract shall remain intact unless such funds are commingled in accordance with the provisions of subsection (f) of section 42-202 or the purchaser of funeral services, property or merchandise defaults in making payments required under the terms of the contract, as provided in subsection (e) of section 42-202 or until the services contracted for have been performed or the contracted for property or merchandise has been delivered. Upon submission to the escrow agent, by the funeral service establishment, of proof that the services, personal property and merchandise contracted for have been fully performed or delivered, the escrow agent shall pay to such funeral service establishment the amounts deposited therein pursuant to such funeral service contract, and all income earned thereon and retained in the escrow account. If, for any reason, the funeral service establishment which has entered into a funeral service contract for the sale of services, personal property, or merchandise and which has deposited the funds into an escrow account in accordance with the provisions of sections 42-200 to 42-206, inclusive, fails to meet its obligation under such contract promptly after the death of the person to be benefited, the family, the next of kin, or the legal representative of the deceased person, having provided for such services, personal property or merchandise on behalf of the deceased person, may receive from the escrow agent the amount of money in such escrow account. An affidavit which states that services have been performed or property delivered, signed by a member of the family, next of kin, or legal representative of the deceased, and by the funeral service establishment which has provided such services, personal property or merchandise, and which is delivered to the escrow agent shall be sufficient to authorize an escrow agent, acting alone, to make such payment without liability to the person making the deposit of such money into the escrow account or to any other person. Nothing contained in this section shall relieve the funeral service establishment of its liability for nonperformance.
(P.A. 85-376, S. 4; P.A. 88-364, S. 55, 123; P.A. 90-46, S. 2.)
History: P.A. 88-364 changed incorrect references to "this section" to references to Sec. 42-202; P.A. 90-46 amended section to require that only one escrow agent, rather than two, be named to administer escrow accounts established pursuant to funeral service contracts.
Sec. 42-204. Cancellation of contract. The legal representative of the decedent or a person who has entered into a funeral service contract with a funeral service establishment, upon written notice to such establishment and to the escrow agent and subject to the provisions of section 17b-91, may cancel any funeral service contract prior to the performance by such establishment. In the event of such a cancellation, all money in the escrow account paid by such person, together with all accrued income, less costs actually and reasonably incurred by the funeral service establishment in the performance of such contract, shall be returned to such person.
(P.A. 85-376, S. 5; P.A. 86-290, S. 7, 10; P.A. 90-46, S. 3.)
History: P.A. 86-290 amended section by adding a reference to Sec. 17-83a; P.A. 90-46 amended section to require that only one escrow agent, rather than two, be named to administer escrow accounts established pursuant to funeral service contracts.
Sec. 42-205. Funeral service contract not a burial insurance policy. A funeral service contract shall not be deemed a burial insurance policy under section 38a-464.
(P.A. 85-376, S. 6; P.A. 05-288, S. 146.)
History: P.A. 05-288 made a technical change, effective July 13, 2005.
Sec. 42-206. Unfair trade practice. A violation of any of the provisions of sections 42-200 to 42-205, inclusive, shall be deemed an unfair or deceptive trade practice in accordance with the provisions of chapter 735a.
(P.A. 85-376, S. 7.)
Sec. 42-206a. Arranging, promoting or selling funeral service contract with intent to defraud. Any person who arranges, promotes or sells a funeral service contract with the intent to defraud another person shall be guilty of a class D felony.
(P.A. 05-248, S. 4.)
Sec. 42-206b. Intentional deprivation of services, property or merchandise under funeral service contract. Any person who enters into a funeral service contract and intentionally deprives the beneficiary of such contract or the estate or heirs of such beneficiary of the services, personal property or merchandise contracted for shall be guilty of a class D felony.
(P.A. 05-248, S. 5.)
Sec. 42-206c. Limitation on prosecution. Notwithstanding the provisions of section 54-193, no person may be prosecuted for an offense under section 42-206a or 42-206b except within five years from the date of death of the beneficiary of the funeral service contract or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of such offense, whichever is earlier.
(P.A. 05-248, S. 6.)
Sec. 42-207. Irrevocable funeral contract. Revocation of revocable funeral contract purchased by Medicaid beneficiary. An irrevocable funeral contract may be entered into in which the amount held in escrow may be disbursed only upon the death of the beneficiary, provided such a contract does not exceed five thousand four hundred dollars and all interest accumulates to the escrow account and is inaccessible to the beneficiary. Such irrevocable funeral contracts may be transferred from one funeral service establishment to another upon request of the beneficiary. The purchase of an irrevocable funeral contract shall not preclude an individual from purchasing other funeral contracts that are revocable, provided any such revocable funeral contract purchased by a Medicaid beneficiary may be revoked only upon written notice by the Medicaid beneficiary to the Commissioner of Social Services.
(P.A. 86-290, S. 8, 10; P.A. 88-239; P.A. 92-168; June 18 Sp. Sess. P.A. 97-2, S. 162, 165; P.A. 06-87, S. 3.)
History: P.A. 88-239 changed the value of an irrevocable funeral contract from two to three times the highest amount payable for the burial of a public assistance recipient; P.A. 92-168 changed the value of an irrevocable funeral contract from three to four times the highest amount payable for the burial of a public assistance recipient; June 18 Sp. Sess. P.A. 97-2 changed the value of an irrevocable funeral contract from four times the highest amount payable for the burial of a public assistance recipient to five thousand four hundred dollars and made conforming changes, effective July 1, 1997; P.A. 06-87 added provision re revocation of revocable funeral contract purchased by Medicaid beneficiary.
It is insufficient to merely think that one has complied with statute; compliance means that the irrevocable contract must be with a licensed funeral establishment. 57 CA 695.
Secs. 42-208 and 42-209. Reserved for future use.
Sec. 19a-91. (Formerly Sec. 19-49). Transportation of bodies of deceased persons. The Department of Public Health may adopt such regulations, in accordance with chapter 54, concerning the preparation and transportation of the bodies of deceased persons to be removed from or into the limits of any town or into any adjoining state, as the public health and welfare may require. Such regulations shall be signed by the Commissioner of Public Health, and a copy thereof shall be mailed to each town clerk, licensed embalmer and funeral director at least fifteen days before such regulations take effect. Any person who violates any regulation of the department adopted pursuant to the provisions of this section shall be fined not more than fifty dollars.
(1949 Rev., S. 3838; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 00-27, S. 15, 24.)
History: P.A. 77-614 replaced department and commissioner of health with department and commissioner of health services, effective January 1, 1979; Sec. 19-49 transferred to Sec. 19a-91 in 1983; 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. 00-27 made technical changes, effective May 1, 2000.
See Secs. 7-64 to 7-72, inclusive, re disposal of bodies, disinterment and removal of bodies and re sexton's duties, generally.
See chapter 368i re anatomical donations.
See chapter 368j re cemeteries.
See chapter 368k re crematories.
See Sec. 19a-504 re removal of bodies of deceased persons from presence of patients in hospitals, residential care homes and rest homes.
See chapter 385 re embalmers and funeral directors.
See Secs. 53-331 to 53-334, inclusive, re penalties for offenses concerning burial practices and unlawful disinterment.
Sec. 7-64. Disposal of bodies. The body of each person who dies in this state shall be buried, removed or cremated within a reasonable time after death. The person to whom the custody and control of the remains of any deceased person are granted by law shall see that the certificate of death required by law has been completed and filed in accordance with section 7-62b prior to final disposition of the body. An authorization for final disposition issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. The final disposition of a cremated body shall be recorded as the crematory. The provisions of this section shall not in any way impair the authority of directors of health in cases of death resulting from communicable diseases, nor conflict with any statutes regulating the delivery of bodies to any medical school, nor prevent the placing of any body temporarily in the receiving vault of any cemetery. The placing of any body in a family vault or tomb within any cemetery shall be deemed a burial under the provisions of this section. Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than five years.
(1949 Rev., S. 590; P.A. 79-434, S. 8; P.A. 04-255, S. 6.)
History: P.A. 79-434 made it clear that death certificate must be filed before disposition of body and added provision concerning dispositions of bodies brought in from other states; P.A. 04-255 added specification that final disposition of a cremated body be recorded as the crematory.
See chapter 368i re anatomical donations.
See chapter 368j re cemeteries.
See chapter 368k re crematories.
See chapter 385 re embalmers and funeral directors.
See Sec. 19a-41 re regulations specifying methods of reporting, recording, issuing, maintaining, indexing, correcting and amending vital records and statistics.
See Sec. 19a-504 re removal of bodies from presence of patients in hospitals, rest homes, etc.
See Secs. 53-331 to 53-334, inclusive, re penalties for unlawful embalming, burial and disinterment practices.
Affords no basis for civil liability for funeral expenses. 137 C. 450.
Sec. 7-65. Burial transit removal permit. Subregistrars. The embalmer or funeral director licensed by the department, or licensed in a state having a reciprocal agreement on file with the department and complying with the terms of such agreement, who assumes custody of a dead body shall obtain a burial transit removal permit from the registrar of the town in which the death occurred not later than five calendar days after death, and prior to final disposition or removal of the body from the state. The burial permit shall specify the place of burial or other place of interment and state that the death certificate and any other certificate required by law have been returned and recorded. Such registrar shall appoint suitable persons as subregistrars, who shall be authorized to issue a burial transit removal permit based upon receipt of a completed death certificate as provided in section 7-62b, during the hours in which the registrar of vital records is closed. All such certificates upon which a permit is issued shall be forwarded to the registrar within seven days after receiving such certificates. The appointment of subregistrars shall be made in writing, with the approval of the selectmen of such town, and shall be made with reference to locality, to best accommodate the inhabitants of the town. Such subregistrars shall be sworn, and their term of office shall not extend beyond the term of office of the appointing registrar. The names of such subregistrars shall be reported to the Department of Public Health. The Chief Medical Examiner, Deputy Chief Medical Examiner and associate medical examiners shall be considered subregistrars of any town in which death occurs for the purpose of issuing burial permits and removal permits. The fee for such burial permit and burial transit removal permit shall be paid to the town in which the death occurred.
(1949 Rev., S. 587; 1961, P.A. 315; 1971, P.A. 27; P.A. 73-26; P.A. 77-614, S. 323, 610; P.A. 79-47, S. 3; 79-434, S. 9; P.A. 93-381, S. 9, 39; P.A. 95-184, S. 3; 95-257, S. 12, 21, 58; P.A. 04-255, S. 7.)
History: 1961 act provided for appointment of additional subregistrars to accommodate governmental institutions; 1971 act deleted provision limiting subregistrars to two and provision, made obsolete thereby, for special appointments exceeding the limit; P.A. 73-26 added provisions concerning consideration of chief medical examiner as subregistrar and payment of burial and removal permits; P.A. 77-614 substituted department of health services for department of health, effective January 1, 1979; P.A. 79-47 provided for consideration of deputy chief medical examiner and associate medical examiners as subregistrars; P.A. 79-434 replaced specific reference to funeral director's certificate with "any other certificate"; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-184 required burial permit specification to be by section, lot, grave or other place of interment; 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 replaced provision requiring burial permit with provision specifying that embalmer or funeral director shall obtain a burial transit removal permit and made conforming changes.
See Secs. 19a-323 and 19a-324 re procedure for issuance of cremation certificates.
Sec. 19a-41. (Formerly Sec. 19-15). Compilation of vital records and statistics. Regulations. The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, specifying the methods of reporting, recording, issuing, maintaining, indexing, correcting and amending vital records and statistics collected under the provisions of sections 19a-42 to 19a-45, inclusive, chapter 93 or chapter 815e. The commissioner shall develop such forms, formats and uniform procedures as the commissioner deems necessary to carry out the provisions of sections 19a-42 to 19a-45, inclusive, chapter 93 and chapter 815e.
Sec. 53-331. Use of arsenic in embalming. Any person who injects into the body of any deceased person, for the purpose of embalming the same, any fluid or substance containing arsenic in any form shall be fined not less than one hundred nor more than five hundred dollars.
Sec. 53-332. Burials; proximity to dwelling. No person shall bury the body of any deceased person within a distance of three hundred and fifty feet from any dwelling house unless a public highway intervenes between such place of burial and such dwelling house, or unless such body is encased in a lined vault, except in a cemetery established on or before November 1, 1911, or in a plot of land adjacent to such cemetery which has been made a part thereof with the approval in writing of the Commissioner of Public Health. Such approval shall contain a detailed description of the land so annexed and shall be recorded in the land records of the town in which such cemetery is situated. The provisions of this section shall not apply to any cemetery which, when established, was more than three hundred and fifty feet from any dwelling house. Any person who violates any provision of this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both.
Sec. 53-334. Unlawful disinterment. Any person who opens the grave or tomb where any corpse has been deposited, or removes any corpse from its place of sepulture, without the consent of the husband or wife or the near relatives of the deceased, or receives, conceals or secretes any corpse so removed, or assists in any surgical or anatomical experiments or demonstrations therewith or dissection thereof, knowing it to have been so removed, except as provided in section 19a-413, shall be fined not more than two thousand dollars and imprisoned not more than five years.
