CHAPTER 13. STATE BOARD OF FUNERAL DIRECTORS
GENERAL PROVISIONS
Sec.
13.1. Definitions.
13.2. [Reserved].
LICENSURE
13.11. General requirements.
13.12. Fees.
13.13. [Reserved].
STUDENT TRAINEE
13.21. Qualification.
13.22. Matriculation at approved school.
13.23. College requirements.
13.24. Coordinated course of study.
13.25. Application.
RESIDENT INTERN
13.31. Qualifications.
13.32. Professional education.
13.33. [Reserved].
13.34. Qualifications of preceptor.
13.35. Application for approval as a resident intern.
13.36. Restriction of intern.
13.37. General requirement.
13.38. Instruction.
13.39. [Reserved].
13.40. Notification of discontinuance.
13.41. [Reserved].
13.42. [Reserved].
13.43. [Reserved].
13.44. [Reserved].
13.45. [Reserved].
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REQUIREMENTS OF RESIDENT INTERN DURING
PRECEPTORIAL PERIOD
13.51. Length of resident intern training.
13.52. Minimum cases.
13.53. Presence at complete funeral transaction.
13.54. Resignation of intern.
13.55. [Reserved].
13.56. [Reserved].
APPLICATION FOR EXAMINATION
13.61. Form.
13.62. Identification.
13.63. Verification of case requirements.
13.64. Affidavit of preceptor.
13.65. False affidavit.
13.66. Refusal of preceptor to furnish affidavit.
13.67. [Reserved].
13.68. [Reserved].
13.69. [Reserved].
EXAMINATION
13.71. Examination requirements.
13.72. Permission to take examination before all prerequisites are completed.
13.73. Passing grade.
13.74. Reexamination.
13.75. [Reserved].
LICENSURE OF A FUNERAL DIRECTOR FROM ANOTHER STATE
13.77. Limited license.
EFFECT OF LICENSURE DESIGNATIONS
13.81. Designations.
13.82. Location of practice.
13.83. Effect of name designated on license.
13.84. Use of name of the predecessor.
13.85. [Reserved].
13.86. [Reserved].
FUNERAL ESTABLISHMENTS
13.91. Approval of a funeral establishment.
13.92. [Reserved].
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13.93. [Reserved].
13.94. Requirements for funeral establishments.
SHARED PHYSICAL ESTABLISHMENT OR
PARTNERSHIP BUSINESS
13.101. [Reserved].
13.102. [Reserved].
13.103. Shared physical establishment.
13.104. [Reserved].
13.105. [Reserved].
13.106. [Reserved].
13.107. [Reserved].
13.108. Notification to Board.
13.109. Partnership license.
13.110. Application for partnership license.
BRANCH OFFICE LICENSE
13.111. Application for branch license.
13.112. Branch facility requirements.
13.113. Permanently assigned supervisor.
13.114. [Reserved].
13.115. [Reserved].
13.116. [Reserved].
13.117. Business forms.
13.118. Registration of branch supervisor.
13.119. [Reserved].
13.120. Termination of branch license.
PRE-1935 BUSINESS CORPORATION LICENSES
13.121. Pre-1985 business corporation licenses.
13.122. Permanent supervisor.
13.123. Registration of permanent supervisor.
13.124. [Reserved].
13.125. [Reserved].
PROFESSIONAL CORPORATIONS
13.131. Generally.
13.132. Shareholder.
13.133. Name.
13.134. Combined professional services.
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13.135. Limited ownership and operation.
13.136. [Reserved].
13.137. [Reserved].
13.138. [Reserved].
13.139. [Reserved].
13.140. [Reserved].
RESTRICTED BUSINESS CORPORATION LICENSES
13.141. Introduction.
13.142. Name.
13.143. Licensing of restricted business corporations.
13.144. Permanent supervisor.
13.145. [Reserved].
WIDOW, WIDOWER AND ESTATE LICENSES
13.151. Issuance of license.
13.152. Application.
13.153. Affidavit.
13.154. [Reserved].
13.155. Permanent supervisor.
13.156. Registration of permanent supervisor.
13.157. Professional responsibility of supervisor.
13.158. Signing of documents.
13.158a. Name.
13.159. Appearance before the Board.
13.160. [Reserved].
13.161. Temporary supervisor.
13.162. [Reserved].
13.163. Classification of widow’s, widower’s and estate license.
13.164. [Reserved].
13.165. [Reserved].
PREPARATION ROOM
13.171. General requirement.
13.172. Place of preparation of all human remains.
13.173. Approval by the Board.
13.174. Facilities and equipment required.
13.175. [Reserved].
13.176. [Reserved].
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HEALTH LAWS AND REGULATIONS
13.181. General knowledge.
13.182. Sanitation.
13.183. Food and beverages.
13.184. Prompt disposal of a deceased body.
13.185. Establishments—approval by Board.
13.186. Use of preparation room.
13.187. Preparation or embalming of body.
13.188. [Reserved].
13.189. [Reserved].
13.190. [Reserved].
ADVERTISING
13.191. General rule.
13.192. [Reserved].
13.193. Advertising media to include licensed individual.
13.194. Names.
13.195. Prices.
13.196. Advertising formats acceptable to the Board.
13.197. [Reserved].
13.198. [Reserved].
13.199. [Reserved].
13.200. [Reserved].
STANDARDS OF PRACTICE AND CONDUCT
13.201. Professional responsibilities.
13.202. Unprofessional conduct.
13.203. [Reserved].
13.204. Written agreement.
13.205. Tentative arrangements.
13.206. [Reserved].
13.207. [Reserved].
13.208. [Reserved].
13.209. [Reserved].
13.210. [Reserved].
13.211. [Reserved].
13.212. Cremation.
13.213. Means of transportation.
13.214. Commercial transportation of bodies.
13.215. Supervision of funeral service and interment.
13.216. [Reserved].
13.217. [Reserved].
13.218. [Reserved].
13.219. [Reserved].
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13.220. [Reserved].
13.221. [Reserved].
13.222. [Reserved].
13.223. [Reserved].
PREPAID BURIAL CONTRACTS
13.224. Funding and reporting of prepaid burial contracts.
13.225. Affidavit for prepaid burial accounts.
13.226. Nature and description of escrow or trust accounts for prepaid burial contracts.
LICENSE RENEWAL
13.231. Biennial registration; unregistered status and inactive status; failure to renew.
STATEMENTS OF POLICY
13.251. Funeral supervisors and funeral directors on active duty—statement of policy.
CHILD ABUSE REPORTING REQUIREMENTS
13.301. Definitions relating to child abuse reporting requirements.
13.302. Suspected child abuse—mandated reporting requirements.
13.303. Photographs, medical tests and X-rays of child subject to report.
13.304. Suspected death as a result of child abuse—mandated reporting requirement.
13.305. Immunity from liability.
13.306. Confidentiality—waived.
13.307. Noncompliance.
CONTINUING EDUCATION
13.401. Credit hour requirements.
13.402. Reporting completion of continuing education.
13.403. Credit for approved continuing education.
13.404. Approval of continuing education courses or providers.
13.405. Provider responsibilities.
13.406. Demonstration of embalming techniques.
Authority
The provisions of this Chapter 13 issued under section 506 of The Administrative Code of 1929
(71 P. S. § 186); and the Funeral Director Law (63 P. S. §§ 479.7—479.17), unless otherwise noted.
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Source
The provisions of this Chapter 13 adopted September 12, 1966, unless otherwise noted.
GENERAL PROVISIONS
§ 13.1. Definitions.
The following words and terms, when used in this chapter, have the following
meanings, unless the context clearly indicates otherwise:
Act—The Funeral Director Law (63 P. S. §§ 479.1—479.20) which regulates
the licensure of persons and of corporations engaged in the preparation and
disposition of the bodies of deceased persons.
Board—The State Board of Funeral Directors of the Department of State of
the Commonwealth.
Bureau—The Bureau of Professional and Occupational Affairs of the Department
of State of the Commonwealth.
Commissioner—The Commissioner of Professional and Occupational Affairs
of the Department of State of the Commonwealth.
Funeral entity—A restricted business corporation, professional corporation,
pre-1935 corporation, partnership, sole proprietorship, widow, widower or
estate authorized by the Board to practice the profession of funeral director.
Funeral establishment—A place or premise approved by the Board wherein
a licensed funeral director conducts the professional practice of funeral directing,
including the preparation, care and funeral services for the human dead.
Hour of continuing education—Sixty minutes of actual instruction in an
approved course of continuing education.
Licensed funeral director—An individual who has met the educational
requirements and passed the examinations required by the act.
Limited license—A license issued by the Board that authorizes a person
licensed to practice funeral directing in a reciprocal state to practice funeral
directing in this Commonwealth in accordance with section 9(c) of the act (63
P. S. § 479.9(c)).
Preceptor—A licensed funeral director under or with whom a resident intern
is registered and operates.
Premises—The property on which the funeral establishment is located which
consists of a tract of land not intersected by a public highway or thoroughfare.
Prepaid burial account—An account in which moneys are deposited by the
funeral director during the lifetime of an individual in accordance with a contract
executed between the parties for funeral merchandise and services to be
performed and delivered at a future time.
Prepaid burial contract—A contract executed between a consumer and a
licensed funeral director which provides that the funeral director will provide
funeral merchandise and render services to the consumer upon the consumer’s
death or the death of another designated individual and for which the consumer
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pays to the funeral director moneys at the time of the contract or at a time prior
to the rendition of these services.
Profession—The aggregate of all funeral service licensees and their duties
and responsibilities in connection with the funeral as funeral directors licensed
under the act.
Reciprocal state—The District of Columbia or a state or territory of the
United States of America whose agency that is authorized to license persons to
practice the profession of funeral director in that jurisdiction has entered into
an agreement with the Board under which persons licensed in that jurisdiction
may receive a limited license in this Commonwealth.
Restricted business corporation—A business corporation formed under 15
Pa.C.S. (relating to the Associations Code) and authorized under the act.
Supervisor—A licensed funeral director employed on a full-time basis to
supervise the professional activities of a licensed estate, widow, business corporation
pre-1935 restricted business corporation, professional corporation or
branch place of practice under any of the foregoing, as defined in the act.
Authority
The provisions of this § 13.1 amended under sections 9(c), 10(b), 11(a)(5) and 16(a) of the Funeral
Director Law (63 P. S. §§ 479.9(c), 479.10(b), 479.11(a)(5) and 479.16(a)).
Source
The provisions of this § 13.1 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended March 11,
2005, effective March 12, 2005, 35 Pa.B. 1667; amended December 2, 2005, effective December 3,
2005, 35 Pa.B. 6523; amended May 25, 2007, effective May 26, 2007, 37 Pa.B. 2412. Immediately
preceding text appears at serial pages (315827) to (315829).
Notes of Decisions
Premises
The definition of ‘‘premises’’ may properly be applied retroactively to the time of application for
approval of a preparation room, especially since it merely codifies a long-standing interpretation of
the statute which was in effect at the time of the application; the retroactive application does not result
in an unconstitutional taking of property without compensation. Parise v. State Board of Funeral
Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).
The definition of ‘‘premises’’ is not palpably unreasonable, since the Board is properly concerned
about alleviating the trauma and disconcertment that will result if the public is continually subjected
to the sight of human remains being transported across a public street on a stretcher; the regulation
additionally reduces the likelihood of traffic congestion and avoids potential accidents involving dead
bodies. Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).
Preneed Agreement
Prepaid burial contract or ‘‘preneed agreement,’’ which allowed customer to purchase merchandise
and services to be rendered at the time of death, was not subject to rescission by customer; the agreement
is defined as a contract under the Pennsylvania Code and customer designated the agreement to
be irrevocable. Bean v. Department of State, 855 A.2d 148, 155 (Pa. Cmwlth. 2004)
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Cross References
This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on
active duty—statement of policy).
§ 13.2. [Reserved].
Source
The provisions of this § 13.2 adopted January 30, 1976, effective January 31, 1976, 6 Pa.B. 159;
reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306.
LICENSURE
§ 13.11. General requirements.
(a) Persons engaging in the profession of a funeral director in this Commonwealth
shall be licensed by the Board and by the Commissioner.
(b) To qualify as a candidate for the licensing examination, the applicant shall
be 21 years of age or older, of good moral character and shall present satisfactory
evidence to the Board that the applicant has satisfied the educational and training
requirements of the act and this chapter.
(c) In addition to the educational and training requirements, an applicant for
licensure in this Commonwealth shall pass a combined oral, practical and written
examination. A limited exception will be the granting of a restricted license to
estates, widow’s or widower’s of deceased funeral directors.
Source
The provisions of this § 13.11 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (156404).
§ 13.12. Fees.
Following is the schedule of fees charged by the Board:
Initial registration for student trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
Annual registration for student trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15
Initial registration for resident intern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
Initial registration for preceptor or change . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
Initial license for funeral director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
Initial license for restricted business corporation,
professional corporation, partnership or shared
funeral establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150
Initial license for estate or widow, sole
proprietorship or branch office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125
Initial registration for supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
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Change director or name on existing license
without reinspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35
Address change with inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125
Reinspection after failure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
Verification of licensure or registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15
Biennial renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185
Application for limited license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35
Biennial renewal of limited license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35
Application for continuing education course. . . . . . . . . . . . . . . . . . . . . . . . . . $100
Application for continuing education provider . . . . . . . . . . . . . . . . . . . . . . . . $100
Renewal of registration of continuing education
provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50
Authority
The provisions of this § 13.12 amended under sections 9(c), 10(b), 16(a) and 18.1 of the Funeral
Director Law (63 P. S. §§ 479.9(c), 479.10(b), 479.16(a) and 479.18.1); and section 812.1 of The
Administrative Code of 1929 (71 P. S. § 279.3a).
Source
The provisions of this § 13.12 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended December 28, 1979, effective December 29, 1979, 9 Pa.B.
4252; amended June 6, 1986, effective June 7, 1986, 16 Pa.B. 1998; amended December 25, 1987,
effective December 26, 1987, 17 Pa.B. 5327; amended December 21, 1990, effective December 22,
1990, 20 Pa.B. 6267; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645;
amended January 17, 1992, effective January 18, 1992, and apply to the biennial renewal commencing
February 2, 1992, 22 Pa.B. 272; amended May 29, 1992, effective May 30, 1992, 22 Pa.B. 2825;
amended December 8, 1995, effective December 9, 1995, and apply retroactively to examination fees
charged on and after September 1, 1995, 25 Pa.B. 5584; amended January 25, 2002, effective January
26, 2002, 32 Pa.B. 423; amended January 2, 2004, effective January 3, 2004, 34 Pa.B. 39; amended
March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667; amended December 2, 2005, effective
December 3, 2005, 35 Pa.B. 6523. Immediately preceding text appears at serial pages (311065) and
(311066).
Cross References
This section cited in 49 Pa. Code § 13.77 (relating to limited license); and 49 Pa. Code § 13.404
(relating to approval of continuing education courses or providers).
§ 13.13. [Reserved].
Source
The provisions of this § 13.13 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial pages (9625) to (9626).
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STUDENT TRAINEE
§ 13.21. Qualification.
(a) To qualify as a student trainee, an applicant shall show evidence of high
school graduation. Fulfillment of the college education requirement of subsection
(b) is acceptable as evidence of high school graduation.
(b) At least 2 years of college credits in liberal arts is required. For purposes
of this section, a minimum of 60 semester hours will constitute the equivalent of
2 years of college credit.
(c) An applicant, while attending an accredited college or university, shall file
a declaration of the applicant’s intent to procure funeral service licensing and
shall submit an application for a student trainee registration card renewable annually.
Source
The provisions of this § 13.21 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (154101).
§ 13.22. Matriculation at approved school.
To qualify as a student trainee, an applicant shall be accepted for matriculation
at a mortuary college or a university or college specializing in mortuary subjects
which has been approved by the American Board of Funeral Service Education,
Inc., and the Board. This requirement shall be met after satisfying the college
requirement set forth in § 13.23 (relating to college requirements), or by meeting
the integrated course of study requirement set forth in § 13.24 (relating to coordinated
course of study).
Source
The provisions of this § 13.22 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (154101) to (154102).
§ 13.23. College requirements.
To qualify as a student trainee, an applicant shall have completed at least 2 full
years of college level credit in an institution of higher education which has the
legally authorized approval of its own state department of education. For purposes
of this section, a minimum of 60 semester hours will constitute the equivalent
of 2 years of college credit. The earned credits shall be in areas of general
education which are applicable to a liberal arts program. The applicant shall submit
a transcript for evaluation by the Director of Credentials Evaluation of the
Department of Education prior to being registered as a student trainee at an
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approved mortuary school with a 1-year course in mortuary science approved by
the American Board of Funeral Service Education.
Source
The provisions of this § 13.23 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (154102).
Cross References
This section cited in 49 Pa. Code § 13.22 (relating to matriculation at approved school); 49
Pa. Code § 13.24 (relating to coordinated course of study); and 49 Pa. Code § 13.31 (relating to
qualifications).
§ 13.24. Coordinated course of study.
In lieu of the requirement of § 13.23 (relating to college requirements), an
applicant shall be permitted to present evidence that the applicant has been
accepted for matriculation at a college or university, with an accredited department
of mortuary arts and sciences accredited by the American Board of Funeral
Service Education.
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Source
The provisions of this § 13.24 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (154102).
Cross References
This section cited in 49 Pa. Code § 13.22 (relating to matriculation at approved school); and 49
Pa. Code § 13.31 (relating to qualifications).
§ 13.25. Application.
An application may be obtained from the State Board of Funeral Directors,
Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649. An application in
completed form, accompanied by the prescribed fee and photographs, shall be
filed with the Board at least 30 days prior to commencement of matriculation at
a school specializing in mortuary science. Upon request, the applicant shall
appear before the Board for an interview and evaluation of the applicant’s qualifications.
An approved application shall be valid for 1 year unless an applicant
changes schools. If the applicant changes schools, the applicant shall immediately
reapply for approval as a student trainee and pay another application fee. An
approved application shall be noted by the Administrative Assistant to the Board
in a separate register which shall contain, among other items, the date of the
approval and the name of the school to be attended by the student trainee.
Source
The provisions of this § 13.25 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143279).
RESIDENT INTERN
§ 13.31. Qualifications.
(a) To qualify as a resident intern, an applicant shall present satisfactory evidence
of having completed, as a student trainee, the requirements in § 13.23 or
§ 13.24 (relating to college requirements; and coordinated course of study), and
of having entered into a preceptorial agreement with a qualified funeral director.
(b) A resident intern shall complete the resident intern training in a funeral
establishment in this Commonwealth under the supervision of a qualified preceptor.
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§ 13.25
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Source
The provisions of this § 13.31 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143279).
§ 13.32. Professional education.
To satisfy the professional education requirements, an applicant shall obtain a
certificate of mortuary education from the school of mortuary science and a preprofessional
certificate issued by the Department of Education. Evidence of satisfaction
of preprofessional education and the executed certificate shall accompany
the application for approval as a resident intern.
Source
The provisions of this § 13.32 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (143279) to (143280).
§ 13.33. [Reserved].
Source
The provisions of this § 13.33 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143280).
§ 13.34. Qualifications of preceptor.
A licensed and practicing funeral director in good standing with the Board may
be registered as a preceptor for one resident intern for every 35 funerals completed
in the year preceding the request.
Source
The provisions of this § 13.34 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143280).
§ 13.35. Application for approval as a resident intern.
The application for approval as a resident intern shall be accompanied by the
certificate of mortuary education, a preprofessional certificate, and a copy of the
preceptorial agreement which has been executed by the applicant’s proposed preceptor.
If the Board finds that the forms do not contain the necessary and proper
information, the Board may schedule an informal conference to be attended by
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the applicant and the applicant’s prospective preceptor. This conference will provide
the opportunity for the applicant to furnish the information required to expedite
the approval process.
Source
The provisions of this § 13.35 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (143280) to (143281).
§ 13.36. Restriction of intern.
A registered resident intern may not have other employment or attend a school
of higher education if the employment training interferes with the resident intern
training. Employment or attendance at a school shall be under written Board
approval following an informal interview.
Source
The provisions of this § 13.36 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143281).
§ 13.37. General requirements.
By accepting the position of preceptor to a resident intern, a funeral director is
required to fulfill the duties as set forth by the Board in this chapter, and failure
to execute them may result in suspension or revocation of the license of the
funeral director, or other disciplinary action or penalty authorized by the act.
Source
The provisions of this § 13.37 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143281).
§ 13.38. Instruction.
A preceptor shall be prepared to instruct a resident intern in the theory and
practice of all aspects of funeral service, including the following:
(1) The laws of the Commonwealth which pertain to the profession, specifically
to include the act, and this chapter.
(2) The complete theory of funeral directing services, including the following:
(i) Initial call details.
(ii) Embalming.
(iii) Cosmetizing of bodies.
(iv) Dressing of bodies.
(v) Directing funerals.
(vi) Selling of funeral service merchandise.
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(vii) Recordkeeping.
(viii) Purchasing of necessary supplies.
(ix) Preparing death certificates and documents.
(x) Preparing applications for certain death benefits, such as Social
Security, Veterans Administration, insurance companies and lodges.
(xi) Follow-up service to the family after the funeral service has been
completed.
(xii) Counseling of families on the types of services and merchandise
available.
(xiii) Instruction of prepaid burial accounts.
(xiv) Professional responsibilities.
Source
The provisions of this § 13.38 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (143281) to (143282).
Cross References
This section cited in 49 Pa. Code § 13.52 (relating to minimum cases); 49 Pa. Code § 13.53
(relating to presence at complete funeral transaction); and 49 Pa. Code § 13.64 (relating to affidavit
of preceptor).
§ 13.39. [Reserved].
Source
The provisions of this § 13.39 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143282).
§ 13.40. Notification of discontinuance.
(a) A funeral director registered as preceptor for training a resident intern,
and the resident intern shall notify the Board of the termination or temporary discontinuance
of the supervision of the training of the intern. The Board will thereupon
take action it deems proper.
(b) Interruption of the resident intern training period for 30 days or more shall
require the resident intern training period to start anew.
Source
The provisions of this § 13.40 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (143282) and (145911).
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§ 13.41. [Reserved].
Source
The provisions of this § 13.41 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306. Immediately preceding text appears at serial page (12915).
§ 13.42. [Reserved].
Source
The provisions of this § 13.42 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306. Immediately preceding text appears at serial page (12915).
§ 13.43. [Reserved].
Source
The provisions of this § 13.43 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306. Immediately preceding text appears at serial page (12915).
§ 13.44. [Reserved].
Source
The provisions of this § 13.44 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306. Immediately preceding text appears at serial page (12916).
§ 13.45. [Reserved].
Source
The provisions of this § 13.45 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial page (9631).
REQUIREMENTS OF RESIDENT INTERN DURING
PRECEPTORIAL PERIOD
§ 13.51. Length of resident intern training.
A resident intern shall complete 12 full continuous months in that capacity. An
intern shall work a minimum of 40 hours per week.
Source
The provisions of this § 13.51 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (145911) to (145912).
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.41
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§ 13.52. Minimum cases.
During the resident intern training period, a resident intern shall complete the
details required in § 13.38(2) (relating to instruction) on a minimum of 35
deceased individuals, 1 year of age or older, under the supervision of the intern’s
preceptor and shall maintain a case history of each deceased individual as set
forth in § 13.63 (relating to verification of case requirements). These requirements
may be fulfilled at any establishment so long as a licensed funeral director
of that establishment certifies the work of the intern and is registered as a preceptor.
Source
The provisions of this § 13.52 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (145912).
Cross References
This section cited in 49 Pa. Code § 13.63 (relating to verification of case requirements); and 49
Pa. Code § 13.64 (relating to affidavit of preceptor).
§ 13.53. Presence at complete funeral transaction.
The intern shall be present at a minimum of 35 complete funeral transactions
from initial call details to the interment and follow-up services. This includes the
items in § 13.38(2) (relating to instruction).
Source
The provisions of this § 13.53 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (145912).
Cross References
This section cited in 49 Pa. Code § 13.64 (relating to affidavit of preceptor).
§ 13.54. Resignation of intern.
An intern shall give notice of resignation to his preceptor in writing with a
copy of the notice to the Board.
Source
The provisions of this § 13.54 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; corrected January 26, 1990, effective April 14, 1979, 20 Pa.B. 347; corrected March 30, 1990,
effective April 14, 1979, 20 Pa.B. 1797. Immediately preceding text appears at serial page (143284).
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§ 13.55. [Reserved].
Source
The provisions of this § 13.55 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial page (9635).
§ 13.56. [Reserved].
Source
The provisions of this § 13.56 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial pages (9635) to (9636).
APPLICATION FOR EXAMINATION
§ 13.61. Form.
An application for examination shall be upon the form furnished by the Board.
The application in completed form accompanied by the required fee and photograph
shall be filed with the professional testing agency authorized by the Bureau
at least 30 days prior to the date of examination.
Source
The provisions of this § 13.61 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143285).
§ 13.62. Identification.
One unmounted finished photograph, not a proof, 2 inches by 2 inches, with
clear facial features, of each candidate shall be submitted with the application.
This photograph will be numbered with the examination number of the candidate
and will be returned to the candidate with a card of admission to the examination.
Each candidate shall bring the photograph, so numbered, and the admission
card to the examination, and the photograph shall be openly displayed where the
candidate takes the examination. If a candidate loses the photograph and admission
card, an additional copy of the candidate’s photograph shall be forwarded
immediately to the Board office. The appropriate number will be affixed and the
photograph and a duplicate admission card will be returned to the candidate for
use at the examination. A candidate will be furnished with an admission letter for
the examination which will contain the candidate’s identification number and
information pertaining to the date and place of the examination. A candidate shall
bring the letter containing the identification number when registering for the
examination.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.55
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Source
The provisions of this § 13.62 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (143285) to (143286).
§ 13.63. Verification of case requirements.
An intern is required to maintain a case history of each case as specified in
§ 13.52 (relating to minimum cases) which shall be presented at the request of
the Board. There shall be at least 35 case histories, and these case histories shall
be obtained by working under a licensed funeral director who is registered with
the Board as a preceptor. The Board shall be advised in advance of the intent to
use a second preceptor to complete the case histories. The case histories shall
show that each deceased person was arterially embalmed. The case history shall
also show that the deceased person was 1 year of age or older and shall include
the following information:
(1) The name of the deceased person.
(2) The residence.
(3) The age.
(4) The place of the death.
(5) The date of the death.
(6) The place of the interment or cremation.
(7) The name of the funeral director.
(8) The name of the physician or coroner who signed the death certificate.
(9) The place of the funeral.
Source
The provisions of this § 13.63 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (12917).
Cross References
This section cited in 49 Pa. Code § 13.52 (relating to minimum cases).
§ 13.64. Affidavit of preceptor.
The application for examination shall include an affidavit of the preceptor indicating
that the resident intern training period of the student was properly served,
that the preceptor supervised the completion of the requirements of §§ 13.52 and
13.53 (relating to minimum cases; and presence at complete funeral transaction),
and that the student completed the details required in § 13.38(2) (relating to
instruction) on a minimum of 35 deceased individuals.
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Source
The provisions of this § 13.64 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial pages (143286) to (143287).
§ 13.65. False affidavit.
A preceptor who falsifies an affidavit on a resident intern may, after due notice
and hearing, be subject to licensure revocation or suspension for a period of time
to be determined by the Board.
Source
The provisions of this § 13.65 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143287).
§ 13.66. Refusal of preceptor to furnish affidavit.
(a) A preceptor who refuses to furnish a resident intern with the affidavit of
completion of full or part-time service shall immediately submit to the Board a
statement as to the reason for the refusal. If the information is not furnished or if
there appears to be no proper basis for the refusal, the Board may, after due notice
and hearing, take disciplinary action against the license of the preceptor.
(b) If a preceptor refuses to furnish the required affidavit, an applicant may
submit with the application a statement that the preceptor refused to honor the
applicant’s request for an affidavit, and an affidavit from another licensed funeral
director who has personal knowledge of the applicant’s resident intern training
containing the same information that is required in connection with an affidavit
of a preceptor.
Source
The provisions of this § 13.66 adopted September 12, 1966; amended October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143287).
§ 13.67. [Reserved].
Source
The provisions of this § 13.67 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial page (9642).
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.65
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§ 13.68. [Reserved].
Source
The provisions of this § 13.68 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial page (9642).
§ 13.69. [Reserved].
Source
The provisions of this § 13.69 adopted September 12, 1966; reserved October 19, 1973, effective
October 20, 1973, 3 Pa.B. 2392. Immediately preceding text appears at serial pages (9642) to (9643).
EXAMINATION
§ 13.71. Examination requirements.
To qualify for licensure, an applicant shall successfully complete the following
examinations:
(1) The National Board Examination prepared and administered by the
Conference of Funeral Service Examining Boards.
(2) Written and oral examinations on the clinical practice of funeral directing,
the act and this chapter, prepared and administered by a qualified and
approved professional testing organization authorized by the Bureau. These
examinations will be offered twice yearly.
Source
The provisions of this § 13.71 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended November 28, 1997, effective November
29, 1997, 27 Pa.B. 6206. Immediately preceding text appears at serial page (201734).
§ 13.72. Examination before internship is completed.
An applicant may take the examination prior to the completion of the internship.
An applicant who is examined under this section and who passes the examination
will not be issued a funeral director license until documentation evidencing
completion by the applicant of the resident intern training requirement is
received by the Board or its designee.
Source
The provisions of this § 13.72 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended November 28, 1997, effective November
29, 1997, 27 Pa.B. 6206. Immediately preceding text appears at serial pages (201734) to (201735).
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§ 13.73. Passing score.
Each section of the examination will be graded independently. To be eligible
for licensure, an applicant shall attain a passing score as recommended by the
professional testing agency authorized by the Bureau.
Source
The provisions of this § 13.73 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143289).
Cross References
This section cited in 49 Pa. Code § 13.74 (relating to reexamination).
§ 13.74. Reexamination.
Upon notice of failure of a section of the examination as specified in § 13.73
(relating to passing grade), the applicant of this title shall be required to retake
and pass that section of the examination in which the failure occurred in order to
qualify for licensure.
Source
The provisions of this § 13.74 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12919).
§ 13.75. [Reserved].
Source
The provisions of this § 13.75 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143289).
LICENSURE OF A FUNERAL DIRECTOR FROM ANOTHER STATE
§ 13.77. Limited license.
(a) A person licensed by a reciprocal state to practice the profession of
funeral director who seeks a limited license shall apply to the Board on a form
provided by the Board, including:
(i) An original certification from the reciprocal state that the applicant
is licensed as a funeral director in that jurisdiction and is in good standing.
(ii) The fee prescribed by § 13.12 (relating to fees).
(b) A limited license shall be subject to biennial renewal.
(c) A limited license shall become inactive upon the revocation, suspension,
placement upon inactive status, or other lapse of the holder’s license in the recip-
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.73
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rocal state. Unless a limited license is otherwise suspended or revoked, the Board
may reinstate the limited license to active status upon proof that the holder’s
license in the reciprocal state is no longer revoked, suspended, placed on inactive
status, or otherwise lapsed.
(d) The Board may take disciplinary action against the holder of a limited
license for any unprofessional conduct that occurs within this Commonwealth.
The Board will report to the reciprocal state any disciplinary action taken against
the holder of a limited license.
Authority
The provisions of this § 13.77 issued under sections 9(a) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.9(c) and 479.16(a)).
Source
The provisions of this § 13.77 adopted March 11, 2005, effective March 12, 2005, 35 Pa.B. 1667.
EFFECT OF LICENSURE DESIGNATIONS
§ 13.81. Designations.
Each funeral director license shall designate the name of the licensee and a
place where the licensee may practice.
Source
The provisions of this § 13.81 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143290).
§ 13.82. Location of practice.
A funeral director may practice only at a funeral establishment designated in
the director’s license to practice funeral directing unless the funeral director also
possesses a branch office license.
Source
The provisions of this § 13.82 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143290).
§ 13.83. Effect of name designated on license.
Business conducted by a funeral establishment shall be conducted under the
name appearing in the license of the funeral director unless an establishment is
operated under partnership operation and control, in which case it shall be conducted
under the names of all of the partners involved. A corporation shall con-
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duct its business under the corporate name and the name of the supervisor shall
appear on all forms of advertising.
Source
The provisions of this § 13.83 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143290).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.84. Use of name of the predecessor.
A sole proprietorship or partnership may be conducted under the name of a
predecessor funeral establishment if the name of the owner or partners appear as
operator on all signs, forms and advertising. In the case of restricted business
corporations or professional corporations, the names of these corporations may be
the name of a predecessor funeral establishment.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.84
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Source
The provisions of this § 13.84 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143291).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.85. [Reserved].
Source
The provisions of this § 13.85 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143291).
§ 13.86. [Reserved].
Source
The provisions of this § 13.86 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (143291).
FUNERAL ESTABLISHMENTS
§ 13.91. Approval of a funeral establishment.
(a) A person applying for approval from the Board to own or operate a
funeral establishment, a branch funeral establishment, a partnership, a restricted
business corporation or a professional corporation, shall submit the necessary
applications on forms provided by the Board. Material accompanying the application
shall include: the required fee, a statement that the applicant has the right
to occupy the premises, a letterhead, a statement of funeral goods and services for
both at-need and preneed, a verification of telephone listing, an inspection report
within 12 months of the date of application, an approval form furnished by the
Board, a listing of existing prepaid burial contracts that will be assumed by the
buyer bearing the signature of the buyer and the seller of the property, or, in the
alternative, a document whereby the buyer expressly refuses to assume any or all
of the existing prepaid burial contracts.
(b) A buyer of a funeral establishment who assumes the existing prepaid
burial contracts of the seller shall, within 30 days of settlement, submit written
notification of the transfer to the purchasers of the prepaid burial contracts and
forward a specimen copy of the notification to the Board.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
49
§ 13.85
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Source
The provisions of this § 13.91 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143292).
Cross References
This section cited in 49 Pa. Code § 13.111 (relating to application for branch license); and 49
Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors and funeral establishments).
§ 13.92. [Reserved].
Source
The provisions of this § 13.92 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12921).
§ 13.93. [Reserved].
Source
The provisions of this § 13.93 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12921).
§ 13.94. Requirements for funeral establishments.
A funeral establishment, in addition to conforming with the safety requirements
of the Commonwealth and of local authorities, shall contain the following:
(1) A preparation room for the preparation of human remains.
(2) A proper area or room for the reposing of human remains.
(3) Restroom facilities.
Source
The provisions of this § 13.94 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
Cross References
This section cited in 49 Pa. Code § 13.112 (relating to branch facility requirements).
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SHARED PHYSICAL ESTABLISHMENT OR
PARTNERSHIP BUSINESS
§ 13.101. [Reserved].
Source
The provisions of this § 13.101 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143292).
§ 13.102. [Reserved].
Source
The provisions of this § 13.102 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143293).
§ 13.103. Shared physical establishment.
Two or more funeral directors may conduct separate businesses at the same
physical establishment if each business separately maintains its owns books,
records, advertising, signs and all other types and kinds of business operations.
This method of operation shall be subject to Board approval.
Source
The provisions of this § 13.103 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143293).
Notes of Decisions
The policy behind this section could be met by requiring adherence to the requirements of this section
without prohibiting ownership of more than one place of business by a single license. State Board
of Funeral Directors v. Beinhauer & Son Company, 350 A.2d 453 (Pa. Cmwlth. 1976).
§ 13.104. [Reserved].
Source
The provisions of this § 13.104 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143293).
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.101
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§ 13.105. [Reserved].
Source
The provisions of this § 13.105 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (143294).
§ 13.106. [Reserved].
Source
The provisions of this § 13.106 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254. Immediately
preceding text appears at serial page (34186).
§ 13.107. [Reserved].
Source
The provisions of this § 13.107 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (143294).
§ 13.108. Notification to Board.
Licensees desiring to conduct separate businesses at the same physical establishment
shall give 60 days advance notice of their intention to the Board, accompanied
by a certified copy of the agreement under which the licensees intend to
conduct their respective businesses. Changes to the agreement during its lifetime
shall be reported to the Board by filing a certified copy of the agreement, as
amended. Provisions of the agreement relating to financial consideration may be
omitted or whited out, as these provisions do not concern the Board.
Source
The provisions of this § 13.108 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
§ 13.109. Partnership license.
(a) Partnerships shall be licensed. A license will be issued in the names of the
licensed partners as specified in the partnership agreement. A copy of the partnership
agreement shall accompany the application for a partnership license and
include the address of the principal place of business where the partnership will
be conducted as well as the address of the branch location, if applicable. Provisions
of the agreement relating to financial consideration may be deleted or
whited out, as these provisions do not concern the Board.
(b) Changes in the partnership, the name of the partnership or the location of
the business shall be reported to the Board within 30 days of the change.
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Source
The provisions of this § 13.109 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
§ 13.110. Application for partnership license.
To obtain a partnership license, an application shall be submitted to the Board
with the proper fee. In addition to a copy of the properly executed partnership
agreement, forms necessary for approval of a funeral establishment shall accompany
the application.
Source
The provisions of this § 13.110 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
BRANCH OFFICE LICENSE
§ 13.111. Application for branch license.
To obtain a branch license, a licensee shall submit to the Board an application
for a branch license, together with forms necessary for approval of a funeral
establishment, as set forth in § 13.91 (relating to approval of a funeral establishment).
Source
The provisions of this § 13.111 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143294).
§ 13.112. Branch facility requirements.
A branch place of practice shall have the same facilities as a principal place of
business, as set forth in section 7 of the act (63 P. S. § 479.7), and § 13.94
(relating to requirements for funeral establishments).
Source
The provisions of this § 13.112 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (143294) and (156407).
§ 13.113. Permanently assigned supervisor.
(a) Each branch place of practice shall have a currently licensed funeral
director, in good standing with the Board, assigned as supervisor. The supervisor
shall supervise all operations of the branch and abide by the act and this chapter
and may not be the same licensee who is in charge of the principal place of business.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.110
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(b) The licensed funeral director acting as supervisor of a branch place of
practice may do embalmings and funeral directing for other establishments on a
part-time basis, if the licensee’s outside employment does not conflict with duties
and obligations to the primary employer.
(c) A funeral establishment operated as a sole proprietorship in this Commonwealth
shall be registered as such with the Board. If a licensee who operates an
establishment as a sole proprietor purchases a branch place of business and
desires to serve as a supervisor of the branch, the licensee shall apply to the
Board in accordance with § 13.118 (relating to registration of a branch supervisor).
Another licensed funeral director shall be employed to operate the principal
place of business and shall be registered as a supervisor with the Board.
Source
The provisions of this § 13.113 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156407).
Cross References
This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on
active duty—statement of policy).
§ 13.114. [Reserved].
Source
The provisions of this § 13.114 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156407).
§ 13.115. [Reserved].
Source
The provisions of this § 13.115 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (156407).
§ 13.116. [Reserved].
Source
The provisions of this § 13.116 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (156408).
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§ 13.117. Business forms.
Letterheads, bill heads, statements of funeral goods and services, and advertising
shall show the name and address of the principal place of business, the
address of the branch operation and the name of the permanent supervisor, if
applicable.
Source
The provisions of this § 13.117 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (156408).
§ 13.118. Registration of branch supervisor.
The owner of a branch place of practice desiring to register a licensed funeral
director to act as a permanently assigned supervisor shall apply for registration
on forms obtained from the Board. The owner or an authorized representative and
the proposed supervisor may be required to appear before the Board for an informal
conference if the application does not provide the required information for
registration. This conference will provide the owner with the opportunity to
present to the Board the information necessary to expedite the approval process.
Source
The provisions of this § 13.118 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (156408).
Cross References
This section cited in 49 Pa. Code § 13.113 (relating to permanently assigned supervisor).
§ 13.119. [Reserved].
Source
The provisions of this § 13.119 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254. Immediately preceding
text appears at serial page (34188).
§ 13.120. Termination of branch license.
A license to operate a branch funeral establishment terminates with the discontinuance
of the principal place of business of a licensed funeral director. If a
funeral director discontinues the principal place of business but not the branch
funeral establishment, the branch office license shall be cancelled and the license
of the funeral director amended to show the address of the former branch establishment
as the principal place of business.
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Source
The provisions of this § 13.120 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
PRE-1935 BUSINESS CORPORATION LICENSES
§ 13.121. Pre-1935 business corporation licenses.
Only existing pre-1935 business corporation licenses and pre-1935 branch
licenses will be renewed and no original licenses will be issued to the corporations.
Source
The provisions of this § 13.121 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156409).
§ 13.122. Permanent supervisor.
(a) A pre-1935 business corporation which has been licensed to practice
funeral directing shall have a licensed funeral director, in good standing with the
Board, to be the full-time permanent supervisor.
(b) The permanent supervisor, shall be readily accessible to serve the public
at the funeral establishment.
Source
The provisions of this § 13.122 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (156409) to (156410).
Cross References
This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on
active duty—statement of policy).
§ 13.123. Registration of permanent supervisor.
A pre-1935 business corporation desiring to register permanent supervisors
shall apply to the Board on the prescribed form. An authorized representative of
the corporation and the proposed permanent supervisor may be required to appear
before the Board for a registration conference, if the registration application does
not provide the information required to complete the application. This conference
will provide these persons an opportunity to provide the Board with the required
information, to expedite the approval process.
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Source
The provisions of this § 13.123 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156410).
§ 13.124. [Reserved].
Source
The provisions of this § 13.124 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156410).
§ 13.125. [Reserved].
Source
The provisions of this § 13.125 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
28, 1979, effective December 29, 1979, 9 Pa.B. 4254. Immediately preceding text appears at serial
page (34189).
PROFESSIONAL CORPORATIONS
§ 13.131. Generally.
Under 15 Pa.C.S. Chapter 29 (relating to professional corporations), funeral
directors may form professional corporations as defined in 15 Pa.C.S. Chapter 29,
the act and this chapter and shall be licensed by the Board.
Source
The provisions of this § 13.131 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (156410) to (156411).
Notes of Decisions
Insurance of Licenses
In determining whether to issue a license the Board has no authority or power to consider issues
regarding partnership agreements not raised by the parties privy to the contract. Edwards v. State
Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).
Restricting the issuance of licenses to situations where substantial harm would be worked on the
consumer if a license were not issued is contrary to the provisions of this section and is in conflict
with the intent of the Legislature in authorizing the grant of licenses. Edwards v. State Board of
Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).
§ 13.132. Shareholder.
Shares of a professional corporation of funeral directors may be issued only to
persons who are licensed funeral directors under the laws of the Commonwealth.
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Source
The provisions of this § 13.132 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12925).
§ 13.133. Name.
The name of the professional corporation shall be that of one or more of the
licensed shareholders or the name of a predecessor funeral establishment. This
name may continue for the life of the corporation or may be changed to that of
one or more of the living licensed shareholders.
Source
The provisions of this § 13.133 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156411).
§ 13.134. Combined professional services.
A professional corporation of funeral directors may not incorporate with other
professions.
Source
The provisions of this § 13.134 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12925).
§ 13.135. Limited ownership and operation.
A licensed funeral director who obtains a professional corporation license or
holds shares in a professional corporation may not have stock or a proprietary
interest in another funeral establishment except a branch establishment. A
licensed funeral director who owned shares in more than one professional corporation
prior to February 1, 1977 may maintain ownership of these shares and
these corporations may be licensed.
Source
The provisions of this § 13.135 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156412).
§ 13.136. [Reserved].
Source
The provisions of this § 13.136 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12926).
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§ 13.137. [Reserved].
Source
The provisions of this § 13.137 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12926).
§ 13.138. [Reserved].
Source
The provisions of this § 13.138 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12926).
§ 13.139. [Reserved].
Source
The provisions of this § 13.139 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12926).
§ 13.140. [Reserved].
Source
The provisions of this § 13.140 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12926).
RESTRICTED BUSINESS CORPORATION LICENSES
§ 13.141. Introduction.
Under the act and 15 Pa.C.S. (relating to the Associations Code), funeral directors
may form a restricted business corporation as defined in 15 Pa.C.S. and this
chapter.
Source
The provisions of this § 13.141 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156413).
§ 13.142. Name.
Before filing articles of incorporation with the Corporation Bureau of the
Department of State, the licensee shall secure Board approval of the name and
provide certification that the incorporators are licensed funeral directors. The
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.137
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name of the restricted business corporation shall be the name or the last name of
one or more of the licensed shareholders or the name of the predecessor funeral
establishment.
Source
The provisions of this § 13.142 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (156413).
§ 13.143. Licensing of restricted business corporations.
(a) To obtain a license for a restricted business corporation, the licensee shall
submit an application to the Board on a form provided by the Board.
(b) With the application the following shall be submitted:
(1) A time stamped or certified copy of the original articles of incorporation
showing that they have been filed in the Corporation Bureau of the Department
of State, and showing the date of the filing.
(2) A copy of the Board’s letter approving the name.
(3) A certified statement setting forth:
(i) The names of the shareholders.
(ii) The number and class of shares held by each shareholder.
(iii) The relationship of the shareholders to the licensed funeral director.
Source
The provisions of this § 13.143 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (156413) to (156414).
§ 13.144. Permanent supervisor.
(a) A restricted business corporation which has been licensed by the Board to
practice funeral directing shall have a licensed funeral director, in good standing
with the Board, to be the permanently assigned supervisor.
(b) The permanently assigned supervisor shall devote full time to the business
which he is supervising and may not conduct an establishment of his own or
supervise another funeral establishment. The permanently assigned supervisor
may not associate in any manner with another funeral establishment or be
engaged in another business, occupation or other activity to the extent that this
association interferes with or prevents the permanent supervisor from fulfilling
the supervisory duties.
Source
The provisions of this § 13.144 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (156414).
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Cross References
This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on
active duty—statement of policy).
§ 13.145. [Reserved].
Source
The provisions of this § 13.145 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 2306; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved
December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254. Immediately preceding text appears
at serial page (34192).
WIDOW, WIDOWER AND ESTATE LICENSES
§ 13.151. Issuance of license.
(a) Upon the death of a licensee, the Board will issue a license and renewal
thereof to the estate of the deceased for a period not to exceed 3 years, or to the
widow or widower of the deceased, without time limitation, if the widow or widower
remains unmarried and that written notice of intent to continue practice is
given to the Board by the estate or widow or widower of the deceased in accordance
with § 13.152 (relating to application).
(b) The widow, widower or the estate of a deceased funeral director is permitted
to succeed to the interest of the deceased funeral director in a funeral
establishment and shall receive a restricted funeral license for that purpose.
Source
The provisions of this § 13.151 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (156414) to (156415).
Notes of Decisions
Restricting the issuance of licenses to situations where substantial harm would be worked on the
consumer if a license were not issued is contrary to the provisions of 49 Pa. Code § 13.151 (relating
to restriction) and is in conflict with the intent of the Legislature in authorizing the grant of such
licenses. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).
In determining whether to issue a widow or estate license the State Board of Funeral Directors has
no authority or power to consider issues of private contract law not raised by the parties privy to the
contract. Edwards v. State Board of Funeral Directors, 383 A.2d 564 (Pa. Cmwlth. 1978).
§ 13.152. Application.
To obtain an estate, widow or widower’s license, the estate, widow or widower
of a deceased funeral director shall inform the Board of the intent to continue
practice within 10 days of the deceased’s death and request an application for an
estate, widow or widower license. The application for an estate, widow or widower
license shall be filed within 30 days of the deceased’s death and shall
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.145
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include, in the case of an estate license, a short certificate, and in the case of a
widow or widower license, a certified copy of the death certificate and a copy of
the marriage certificate.
Source
The provisions of this § 13.152 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156415).
Cross References
This section cited in 49 Pa. Code § 13.151 (relating to issuance of license).
§ 13.153. Affidavit.
The application for an estate, widow or widower license shall be accompanied
by an affidavit from a licensed funeral director for registration as a permanent
supervisor, together with the prescribed fee.
Source
The provisions of this § 13.153 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156415).
§ 13.154. [Reserved].
Source
The provisions of this § 13.154 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (156415).
§ 13.155. Permanent supervisor.
A funeral establishment which is operating under a widow, widower or estate
license shall have a licensed funeral director, in good standing with the Board,
registered as the permanent, full-time supervisor. This requirement may be satisfied
as follows:
(1) If the business of the deceased funeral director was conducted as a
partnership, the Board may allow a licensed funeral director/partner to act as
permanent supervisor for the widow, widower or estate in lieu of acquiring an
additional permanent supervisor.
(2) If the deceased funeral director operated a single proprietorship or if
the requirement described in paragraph (1) is not satisfactory, a licensed funeral
director in good standing with the Board shall be employed as a permanent
supervisor.
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Source
The provisions of this § 13.155 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (156415) to (156416).
Cross References
This section cited in 49 Pa. Code § 13.251 (relating to funeral supervisors and funeral directors on
active duty—statement of policy).
§ 13.156. Registration of permanent supervisor.
A widow, widower or estate desiring to register permanent supervisors shall
apply to the Board for registration on forms obtained from the Board. The widow,
widower or an authorized representative of the estate and the licensed funeral
director who is to be the permanent supervisor may be required to appear before
the Board for a registration conference if additional information is needed to
complete the application and to expedite the approval process. These individuals
may also be required to appear for a conference during each license renewal
period, if additional information is needed.
Source
The provisions of this § 13.156 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (156416).
§ 13.157. Professional responsibility of supervisor.
The supervisor for a widow, widower or estate licensee is responsible for complying
with the act and this chapter. The widow, widower or estate licensee shall
be held responsible for noncompliance only if the Board finds that the licensee
had knowledge or should have known of the failure of the supervisor of the
establishment to comply with the act or this chapter.
Source
The provisions of this § 13.157 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (156417) and (143305).
§ 13.158. Signing of documents.
The supervisor of the establishment or the partner of a widow, widower or
estate licensee shall execute documents required to be executed on behalf of the
establishment, in that person’s own name.
Source
The provisions of this § 13.158 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (143305).
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.158a. Name.
The name of the funeral establishment to which a widow, widower or estate
license pertains shall remain the name of the establishment as licensed immediately
prior to the death of the licensee.
Source
The provisions of this § 13.158a adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
§ 13.159. Location.
The widow, widower or estate licensee shall continue the activities of the
funeral establishment at the same location where the deceased funeral director
had been licensed to practice, except that the Board may permit relocation of the
establishment upon a showing of a need for the relocation.
Source
The provisions of this § 13.159 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (143305).
§ 13.160. [Reserved].
Source
The provisions of this § 13.160 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (143305).
§ 13.161. Temporary supervisor.
(a) At the time of the death of the licensee, the Board may permit the widow,
widower or estate to operate the establishment of the deceased with a temporary
supervisor for a period not to exceed 6 months. The Board shall be notified of
the name of the temporary supervisor, who shall be required to file a statement
under oath of his willingness to act in that capacity and who shall be required to
appear before the Board with the widow, widower or legal representative of the
estate. The temporary supervisor may continue his own business during this
6-month period.
(b) In the event of termination of the permanent supervisor through death,
resignation, retirement, and the like, the Board will grant approval of a temporary
supervisor for 30 days. Upon written request, and for good cause, the Board
may grant an additional 30-day extension to employ the services of a permanent
supervisor.
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Source
The provisions of this § 13.161 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (143305) to (143306).
§ 13.162. [Reserved].
Source
The provisions of this § 13.162 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
28, 1979, effective December 29, 1979, 9 Pa.B. 4254; reserved December 6, 1991, effective December
7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial page (143306).
§ 13.163. Classification of widow’s, widower’s and estate license.
Holders of widow’s, widower’s or estate licenses are not considered to be
licensed funeral directors under the laws of the Commonwealth.
Source
The provisions of this § 13.163 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143306).
§ 13.164. [Reserved].
Source
The provisions of this § 13.164 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12929).
§ 13.165. [Reserved].
Source
The provisions of this § 13.165 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12929).
PREPARATION ROOM
§ 13.171. General requirement.
Each funeral establishment wherein a licensed funeral director practices shall
possess at least one room for the purpose of embalming and caring for human
remains and for no other purpose other than preparation that may be required by
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.162
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certain religious sects by certified members of that religious sect. The room shall
meet the standards prescribed in § 13.174 (relating to facilities and equipment
required).
Source
The provisions of this § 13.171 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12929).
Notes of Decisions
Multiple Preparation Rooms
Although the provisions of 49 Pa. Code § 13.171 allow more than one preparation room, none can
be separated from the funeral establishment by a public highway or thoroughfare without violating
the definition of ‘‘premises’’ contained in 49 Pa. Code § 13.1 (relating to general requirement).
Parise v. State Board of Funeral Directors, 415 A.2d 153 (Pa. Cmwlth. 1980).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.172. Place of preparation of all human remains.
(a) Human remains, whether entrusted to the funeral establishment by
friends, next of kin or public authorities, shall be completely prepared in the
preparation room of an approved establishment.
(b) The only exception to subsection (a) shall exist in the case of a preautopsy
embalming performed in cooperation with a licensed physician for the sole purpose
of a pathology examination in a place approved by the Board.
Source
The provisions of this § 13.172 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial pages (12929) to (12930).
§ 13.173. Approval by the Board.
Preparation rooms of funeral establishments shall be approved by the Board.
Approval shall be requested by the licensed funeral director. A licensed funeral
director, resident intern or student trainee may not embalm or scientifically prepare
human remains in a room not approved by the Board. This section does not
prohibit the preparation of human remains as required by other laws of the Commonwealth
or the United States.
Source
The provisions of this § 13.173 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143308).
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§ 13.174. Facilities and equipment required.
The preparation room shall be constructed solely for the purpose of scientifically
preparing human remains and shall contain the following facilities and
equipment for the purpose of preventing disease and properly disposing of waste
material arising out of the embalming process:
(1) A sink with running water and sewerage connections and possessing a
2-inch capacity drain pipe.
(2) A metal or porcelain covered operating or embalming table.
(3) A metal cabinet or metal or glass shelves or a material impervious to
water and stain.
(4) A waste container with cover.
(5) A first aid kit placed in a conspicuous place.
(6) Surgical instruments and apparatus for the preparation of embalming of
a body. Aspirator shall be a nonbackflow type or have a nonbackflow valve in
the line.
(7) Walls which are airtight and covered in their entirety by tile, plaster,
composition board or similar material. With the exception of tile, all of those
materials shall be finished with enamel or some other smooth, hard, waterproof
material.
(8) Airtight ceiling.
(9) A floor which shall be entirely of concrete with glazed surface or tile
or wood flooring covered with linoleum or material of similar composition so
as to be impervious to water.
(10) Outside ventilation which may be provided by screened windows or
transoms or, in lieu thereof, by an 8-inch pipe leading to the exterior of the
building and otherwise constructed so as to conform to the highest health standards.
(11) Solid doors which are painted or enameled and windows which are
screened.
(12) Sterilizer, chemical or otherwise.
(13) Flushing facilities to flush injurious corrosive materials from the eyes
or body.
(i) The facilities, which shall be accessible, operable, and near the work
area, are to be either:
(A) An eye bubbler or eye shower, or both, available from safety
equipment suppliers.
(B) A 4-foot length of 3/4-inch hose attached to simple quick opening
valve.
(ii) Clean cold water shall be available for either of the facilities listed
in subparagraph (i) and may not exceed 25 pounds pressure.
(iii) Portable eye washers are permitted if of a type approved by OSHA.
(14) Protective wearing apparel as follows:
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§ 13.174
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(i) Rubber gloves or other type impervious to the chemicals being
handled.
(ii) Goggles.
(iii) Suitable clothing or apron, rubber or other material impervious to
the chemicals being handled.
Source
The provisions of this § 13.174 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12930).
Cross References
This section cited in 49 Pa. Code § 13.171 (relating to general requirement); and 49 Pa. Code
§ 43a.8 (relating to schedule of civil penalties—funeral directors and funeral establishments).
§ 13.175. [Reserved].
Source
The provisions of this § 13.175 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12930).
§ 13.176. [Reserved].
Source
The provisions of this § 13.176 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial pages (12930) to (12931).
HEALTH LAWS AND REGULATIONS
§ 13.181. General knowledge.
A funeral director is responsible for the knowledge of and compliance with
State and local health laws and regulations in addition to the act, this chapter and
current Occupational Safety and Hazardous Administration regulations.
Source
The provisions of this § 13.181 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143310).
§ 13.182. Sanitation.
Areas within a funeral establishment devoted to the conduct of a funeral service
shall be maintained in a proper and sanitary manner. This shall include the
proper disposal of waste material in a sanitary manner at the completion of each
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§ 13.175 DEPARTMENT OF STATE Pt. I
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(201756) No. 253 Dec. 95 Copyright _ 1995 Commonwealth of Pennsylvania
embalming operation. It shall be the duty of the funeral director to regularly
inspect his establishment to insure continued sanitary conditions.
Source
The provisions of this § 13.182 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12931).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.183. Food and beverages.
A food may not be served to the public in any part of a funeral establishment.
Nonalcoholic beverages may be served in an area approved by the Board. A
funeral director or employe shall take the proper steps for personal sanitation
before serving or dispensing a permitted beverage to the public.
Source
The provisions of this § 13.183 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12931).
§ 13.184. Prompt disposal of a deceased body.
A funeral director shall promptly prepare and bury bodies which are entrusted
to his funeral establishment for that purpose and may not allow the retention of
a dead human body at his establishment or elsewhere for a total of more than 10
days without first obtaining special permission from the Board. This section does
not prohibit the transfer of a deceased body to a receiving vault located in a cemetery.
In such case, the body shall be retained in accordance with 28 Pa. Code
§ 1.22 (relating to structures for the dead).
Source
The provisions of this § 13.184 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12932).
§ 13.185. Establishments—approval by the Board.
Funeral establishments, whether newly built or newly owned, shall receive
Board inspection and Board approval before commencing operation. Before the
Board will inspect and approve the establishment, the funeral director shall submit
an approval by the Department of Labor and Industry or furnish a copy of a
local certificate of occupancy.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
49
§ 13.183
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Source
The provisions of this § 13.185 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143311).
§ 13.186. Use of preparation room.
The preparation room may not be used for a purpose other than the scientific
preparation and embalming of human remains. Equipment or supplies other than
those used in the scientific preparation or embalming of human remains may not
be stored in the preparation room. Supplies and equipment indigenous to the
preparation of a scientific religious sect may be stored in the preparation room so
that bodies may be prepared in consort with the religious belief of families
served.
Source
The provisions of this § 13.186 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143311).
§ 13.187. Preparation or embalming of body.
A person other than a currently licensed funeral director, or a registered resident
intern under supervision, may not prepare or embalm the body of a deceased
person, except as set forth in section 13 of the act (63 P. S. § 479.13). Other persons
present in the preparation room during the preparation or embalming, or
both, of the body shall be authorized members of the funeral home staff, or persons
authorized by law, the funeral director or the family of the decedent.
Source
The provisions of this § 13.187 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (143311) to (143312).
§ 13.188. [Reserved].
Source
The provisions of this § 13.188 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12933).
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§ 13.186 DEPARTMENT OF STATE Pt. I
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§ 13.189. [Reserved].
Source
The provisions of this § 13.189 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12933).
§ 13.190. [Reserved].
Source
The provisions of this § 13.190 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; reserved November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12933).
ADVERTISING
§ 13.191. General rule.
(a) A funeral director may not make or cause to be made an inaccurate or
deceptive statement, representation, guaranty, warranty, testimonial or endorsement
through advertising or promotional medium.
(b) For purposes of this subchapter, a funeral director shall be deemed to be
engaged in advertising whenever the funeral director, directly or indirectly, causes
to be placed before the public information concerning the funeral director’s profession.
This includes publication, dissemination, circulation or placing before the
public in any way all forms of advertisement.
Source
The provisions of this § 13.191 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143312).
§ 13.192. [Reserved].
Source
The provisions of this § 13.192 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; reserved December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143313).
§ 13.193. Advertising media to include licensed individual.
In order that the public knows the name of a licensed person who will serve
them, an establishment which is maintained under a pre-1935 corporation,
restricted business corporation, widow, widower or estate license shall indicate
the name of the permanent supervisor in advertising media.
Source
The provisions of this § 13.193 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143313).
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§ 13.189
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Notes of Decisions
Constitutionality
This regulation does not unconstitutionally restrict the funeral establishment supervisor’s right to
freedom of commercial speech, where indicating the name of a supervisor in all advertisements lessens
the possibility that the consumer may be deceived at little or no inconvenience to the funeral
director. Kleese v. State Board of Funeral Directors, 738 A.2d 523 (Pa. Cmwlth. 1999).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.194. Names.
Unless otherwise indicated in the act or this chapter, individuals whose names
are used in advertising shall be living and hold active licenses registered with the
Board. Names of deceased licensed family members of an establishment may be
used in advertising media, except in telephone directories, if the notation,
‘‘deceased,’’ is used.
Source
The provisions of this § 13.194 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
page (143313).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.195. Prices.
A funeral director may not authorize or permit a public or private announcement
containing prices which give or tend to give the impression that they
include services, merchandise or equipment which the funeral director does not
intend to or does not supply.
Source
The provisions of this § 13.195 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (143313) to (143314).
§ 13.196. Advertising formats acceptable to the Board.
The following advertising formats are acceptable to the Board:
(1) In the case of sole proprietors, a name shall be used only as it appears
on the license. The following will serve as examples:
(i) John J. Jones Funeral Home.
(ii) Jones Funeral Home, John J. Jones, Funeral Director or F.D.
(iii) John J. Jones, Funeral Director, owner or John J. Jones, F.D.,
Owner.
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(2) In the case of partnerships, the name of the partnership will appear only
as indicated on the partnership license, and the individual names shall appear
only as indicated on the individual license. The following will serve as
examples:
(i) Jones & Smith Funeral Home, John J. Jones and William W. Smith,
Funeral Directors or F.D.s or Owners.
(ii) John J. Jones and William W. Smith Funeral Home.
(3) In the case of a widow, widower or estate licensee, the name of the
deceased licensee as it was registered with the Board shall appear on the format
along with the current licensed supervisor. If the widow, widower or estate
licensee is involved in a partnership, the name of the supervisor is not required
to be designated if the supervisor is the surviving partner.
(4) In the case of a pre-1935 corporation, the name of the corporation as it
is registered with the Board shall appear on the format along with the current
licensed supervisor. The following will serve as examples:
(i) John J. Jones Funeral Home, Inc. John J. Jones, Supervisor.
(ii) Jones Funeral Home, Inc. William W. Smith, Supervisor.
(iii) Jones & Smith, Inc. William W. Smith, Supervisor.
(iv) Midtown Funeral Service, Inc. John J. Jones, Supervisor.
(5) In the case of professional or restricted business corporations, the name
of the corporation as it is registered with the Board and the name of the supervisor,
if applicable, shall appear.
Source
The provisions of this § 13.196 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (143314) and (151825).
§ 13.197. [Reserved].
Source
The provisions of this § 13.197 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12934).
§ 13.198. [Reserved].
Source
The provisions of this § 13.198 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12935).
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
49
§ 13.197
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§ 13.199. [Reserved].
Source
The provisions of this § 13.199 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12935).
§ 13.200. [Reserved].
Source
The provisions of this § 13.200 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306. Immediately preceding
text appears at serial page (12935).
STANDARDS OF PRACTICE AND CONDUCT
§ 13.201. Professional responsibilities.
The responsibilities and duties of licensed funeral directors in connection with
a funeral, include the following:
(1) Providing full and factual representation concerning aspects of the services
rendered or the funeral furnishings provided.
(2) Counseling the family in the selection of services and furnishings taking
into consideration both the wishes of the family and their financial limitations.
(3) Maintaining confidentiality of information received during the rendering
of service to a family.
(4) Acquainting oneself with the religious practices or customs of families
the funeral director serves and adjusting services to conform with their belief.
(5) Releasing the remains to the funeral director chosen by the family, if
any, in the most expeditious manner if called upon to remove the remains from
an accident or comparable situation, before the family has been contacted.
(6) Providing proper disposal of human remains in accordance with the
following:
(i) Human remains held 24 hours beyond death shall be embalmed or
sealed in a container that will not allow fumes or odors to escape or kept
under refrigeration, if this does not conflict with a religious belief or medical
examination.
(ii) Human remains kept under refrigeration over 24 hours beyond death
shall be maintained at a temperature level between 35° and 40°F. The
remains shall be buried, cremated or entombed within 5 hours following
removal from refrigeration.
(iii) Under normal circumstances, the public should not view an unembalmed
body which has been kept in refrigeration longer than 36 hours.
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(7) Obtaining and maintaining written authorization from the family of a
deceased who is to be cremated.
Source
The provisions of this § 13.201 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears at serial
pages (151825) to (151826).
Notes of Decisions
Gross Misconduct
Petitioner’s accusations that priest recommended services of competing funeral home did not constitute
gross misconduct and thereby justify suspension of license; regulation under which Petitioner’s
license suspended is vague. Ciavarelli v. State Board of Funeral Directors, 565 A.2d 520 (Pa.
Cmwlth. 1989).
Cross References
This section cited in 49 Pa. Code § 13.306 (relating to confidentiality—waived).
§ 13.202. Unprofessional conduct.
Unprofessional conduct includes the following:
(1) Aiding or assisting a funeral director whose license has been suspended
or revoked or an unlicensed person to engage in an act or practice for which a
license is required.
(2) Demonstrating disrespect toward or mutilating the remains of the
deceased person.
(3) Making a comment or public announcement in defamation of another
funeral director. This does not prohibit one licensee from testifying against
another licensee or from filing a bona fide complaint with the Board.
(4) Participating in the establishment of a business or professional relationship
with or in the operation of a burial association, mutual assessment association,
burial certificate plan, insurance company, lodge company, society or
religious or other organization whose plan or scheme of organization or operation
limits or interferes with the rights of a person entitled by law to dispose of
the body of a deceased member, policyholder or certificateholder.
(5) Paying or extending an offer to pay or give to a person, agency or
group a commission or a valuable consideration for the solicitation or procurement
of clientele.
(6) Offering, directly or indirectly, or giving money or an item of value to
an employee of the Commonwealth to directly or indirectly influence the
administration or enforcement of the act or this chapter, except for the payment
of fees required by the act and this chapter.
(7) Failing to notify the Bureau, in writing, of a demand, solicitation or
attempted extortion of money or an item of value, by or on behalf of an
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
49
§ 13.202
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employee assigned to the administrative jurisdiction of the Commissioner, and
failing to furnish additional information reasonably requested.
(8) Attempting to influence the judgment of the family in the selection of
a funeral director, funeral arrangements or funeral merchandise when a family
group is divided on these issues.
(9) Aiding or abetting another licensed funeral director to violate the act or
this chapter.
(10) Failure to fulfill the professional responsibilities of a funeral director as
described in the act or this chapter.
(11) Furnishing embalming, other services or merchandise without having
obtained written permission from a family member or other person authorized
by law to make funeral arrangements for the deceased. Oral permission to
embalm, followed by a confirmatory e-mail, fax, telex, telegram, mailgram or
other written confirmation will be acceptable.
(12) Renting or exchanging funeral establishments by one or more funeral
directors for the purpose of creating a secondary location for funeral services.
Renting of an establishment for funeral services by a funeral director over 10
times a year shall be evidence of attempting to create a secondary location.
(13) Retaining funds intended to pay for funeral goods and services when
the funeral director and funeral entity have not provided any funeral goods and
services or when the amount of funds retained is in excess of the value of
funeral goods and services actually provided by the funeral director or funeral
entity, as set forth on the general price list in effect at the time the funeral
goods and services are actually provided. This paragraph does not apply to
funds received under an agreement entered into by the funeral director, or the
funeral entity employing that funeral director, while the decedent was still living
to provide funeral goods or services on behalf of the decedent when
needed.
(14) Performing funeral services on behalf of a funeral entity that the
funeral director knew, or should have known, was not in compliance with section
8 of the act (63 P. S. § 479.8), regarding conduct of business.
(15) Refusing to release remains until consideration, whether earned or not,
has been paid.
(16) Failing to comply with the regulations of the Federal Trade Commission
in 16 CFR Part 453 (relating to funeral industry practices).
Authority
The provisions of this § 13.202 amended under section 11(a)(5) of the Funeral Director Law (63
P. S. § 479.11(a)(5)).
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§ 13.202 DEPARTMENT OF STATE Pt. I
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Source
The provisions of this § 13.202 adopted October 19, 1973, effective October 20, 1973, 3 Pa.B.
2392; amended November 11, 1977, effective November 12, 1977, 7 Pa.B. 3306; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended May 25, 2007, effective May 26, 2007,
37 Pa.B. 2412. Immediately preceding text appears at serial pages (293265) to (293266).
Notes of Decisions
Constitutionality
Although licensee argued that the regulation which allows a bereaved family member to withhold
written confirmation of an earlier oral approval is unconstitutionally vague, that argument is not considered
where the Board determined that there had not even been oral approval to embalm. Toms v.
Bureau of Professional and Occupational Affairs, 800 A.2d 342 (Pa. Cmwlth. 2002).
Evidence
Where the Board made the factual determinations that not only did the licensee not receive later
written permission to embalm, but that he was without oral permission as well, its finding that the
licensee violated § 13.202(11) was supported and therefore affirmed. Toms v. Bureau of Professional
and Occupational Affairs, 800 A.2d 342 (Pa. Cmwlth. 2002).
§ 13.203. [Reserved].
Source
The provisions of this § 13.203 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151826).
§ 13.204. Written agreement.
(a) A written agreement form, either for at need or preneed, statement of
funeral goods and services approved by the Board, containing the name and
address of the funeral director, the date the arrangements were made, the name of
the deceased and the date of death, a specific listing of professional services,
merchandise, facilities and equipment to be supplied by the funeral director for
the preparation and burial, cremation or other disposition of the deceased as outlined
in subsection (c); an itemized statement of cash advances and expenditures
as explained in subsection (d); and the total cost, signed by the funeral director,
shall be given to the family representative or agency official arranging for the
funeral at the time of arrangements which must be prior to the disposition of the
deceased. The forms or statements used by licensees in this Commonwealth shall
conform with the requirements imposed by the Federal Trade Commission under
16 CFR Part 453 (relating to funeral industry practices).
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§ 13.203
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(b) A specific listing of professional services, merchandise, facilities and
equipment to be supplied by the funeral director for the preparation and burial,
cremation or other disposition of the deceased as specified in subsection (a) shall
be completely spelled out as to what is included. Examples are as follows:
(1) Professional services include, if provided, funeral counseling, available
on a 24-hour basis; arrangements for funerals and interments; preparation and
local removal; obituary information to newspapers; filing of necessary forms;
handling of flowers; direction of the funeral service; and presence at cemetery
for interment services.
(2) Merchandise includes, if provided, a casket, including space for a
description; an outer case or vault, including space for a description; memorial
cards, prayer cards and acknowledgement cards, indicating the amount;
candles; a register book; temporary grave marker; and pallbearer gloves.
(3) Facilities and equipment shall include, if provided, reposing rooms,
chapel facilities, lounges, reception areas, parking, drape decoration or fern
decoration, necessary religious equipment such as prayer rails and mass card
holder, hearse (local), vehicle for removal (local), family car, flower transportation
vehicle, clergy vehicle and pallbearer vehicle, if applicable.
(c) The written agreement form shall include a specific listing of cash
advances paid for by the funeral director as a convenience to the family when the
advances are dollar-for-dollar exchanges and not a part of the normal services and
merchandise rendered by the licensee.
(d) The written agreement form shall also include a specific listing of additional
items of service and merchandise not covered by subsection (c) and differing
from cash advances as explained in subsection (d).
(e) Interest on delinquent accounts, if charged, shall be listed and shall conform
with State and Federal laws and regulations.
(f) A copy of the written agreement, signed by the family representative or
agency official as well as the funeral director, shall be retained by the funeral
director along with the records of the transaction 6 years.
(g) If a family member or representative is located where a signature on an
agreement is impossible, a fax, a telex, a telegram or a mailgram authorizing the
procedure or arrangements will be acceptable. For the purpose of this subsection,
the fax, telex, telegram or mailgram is to be used for ‘‘ship in’’ or ‘‘ship out’’
accommodations.
Source
The provisions of this § 13.204 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (151826) to (151828).
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Notes of Decisions
The agreement must be signed prior to embalming, although the body may be released to another
funeral director without a signed agreement, and it is not an abuse of discretion to suspend a funeral
director’s license for 90 days for failing to obtain the required signature. Hunt v. State Board of
Funeral Directors, 405 A.2d 996 (Pa. Cmwlth. 1979).
§ 13.205. Tentative agreements.
Under section 13(d) of the act (63 P. S. § 479.13(d)), tentative arrangements
for funerals may be made by unlicensed funeral home staff persons in the temporary
absence of the funeral director in charge. A licensed funeral director shall
ratify the tentative arrangements within 48 hours. Tentative arrangements means
contacting a licensed funeral director for the embalming operation, obtaining and
placing obituary notices setting a service time with the clergyman and cemetery
official and making an appointment for the family with a licensed funeral director
for the selection of merchandise. Final arrangements shall be handled by a
licensed funeral director. Failure to follow this section will be considered unprofessional
conduct on the part of the funeral director in charge.
Source
The provisions of this § 13.205 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151828).
§ 13.206. [Reserved].
Source
The provisions of this § 13.206 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (151828) to (151829).
§ 13.207. [Reserved].
Source
The provisions of this § 13.207 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151829).
§ 13.208. [Reserved].
Source
The provisions of this § 13.208 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151829).
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§ 13.209. [Reserved].
Source
The provisions of this § 13.209 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151829).
§ 13.210. [Reserved].
Source
The provisions of this § 13.210 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (151829) to (151830).
§ 13.211. [Reserved].
Source
The provisions of this § 13.211 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding
text appears at serial page (151830).
§ 13.212. Cremation.
A dead human body may be cremated at any time after 24 hours beyond the
time of death. This does not prevent taking the remains to the crematory prior to
24 hours as long as written explicit instructions are given to the crematory that
cremation absolutely cannot be done before 24 hours. A signed receipt shall be
the possession of the funeral director to that effect.
Source
The provisions of this § 13.212 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text apears at serial page (151830).
§ 13.213. Means of transportation.
Transportation of the deceased by a funeral director or the director’s agent shall
be only in or on a stretcher or container specifically designed for containment of
human remains. A body shall be transported in a horizontal, face-up position and
covered so that it is shielded from public view.
Source
The provisions of this § 13.213 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (151830) to (151831).
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§ 13.209
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§ 13.214. Commercial transportation of bodies.
Whenever public transportation or a common carrier is employed in the transfer
of a deceased person, the estimated cost of the transportation shall be
explained to the family or legal representative of the deceased person prior to
shipping.
Source
The provisions of this § 13.214 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151831).
§ 13.215. Supervision of funeral service and interment.
It shall be the responsibility of the funeral director in charge to personally
supervise the funeral service at the cemetery and to have a representative present
at the interment of the deceased. The records of the funeral director shall indicate
who his representative was at the interment.
Source
The provisions of this § 13.215 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306.
§ 13.216. [Reserved].
Source
The provisions of this § 13.216 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151831).
§ 13.217. [Reserved].
Source
The provisions of this § 13.217 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial pages (151831) to (151832).
§ 13.218. [Reserved].
Source
The provisions of this § 13.218 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151832).
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§ 13.219. [Reserved].
Source
The provisions of this § 13.219 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151832).
§ 13.220. [Reserved].
Source
The provisions of this § 13.220 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately
preceding text appears at serial page (151832).
Notes of Decisions
The State Board of Funeral Directors did not have the power to promulgate regulations prohibiting
the mere employment of a licensed funeral director by a cemetery. Recupero v. State Board of Funeral
Directors, 551 A.2d 7 (Pa. Cmwlth. 1989).
§ 13.221. [Reserved].
Source
The provisions of this § 13.221 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.
§ 13.222. [Reserved].
Source
The provisions of this § 13.222 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.
§ 13.223. [Reserved].
Source
The provisions of this § 13.223 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; reserved December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.
§ 13.224. Funding and reporting of prepaid burial contracts.
(a) A funeral director shall deposit in escrow or transfer in trust to a banking
institution in this Commonwealth, the entire amount of monies received by the
funeral director under a prepaid contract for funeral services or merchandise,
including additional service fees or arrangement fees.
(b) In regard to prepaid contracts entered into by funeral directors after
November 4, 1989, a funeral director shall file a report with the Board within 90
days containing the information specified in subsection (c) with respect to each
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prepaid contract for funeral services and merchandise. Forms for the reports,
including the report required under subsection (d), will be provided by the Board.
(c) A funeral director shall file a report with the Board on a form provided
by the Board, certifying as true and correct, the following information with
respect to each prepaid contract for funeral services and merchandise entered
into:
(1) The date of the prepaid contract and the name and address of the purchasers
under the contract.
(2) The name and address of the banking institution in which 100% of the
money received by the funeral director on account of the contract has been
deposited.
(3) The account number, account registration title—name and persons for
whom the account is established—and the date the account was established.
(4) In installment contracts, if the entire amount of the contract has not
been paid, the report shall expressly indicate the fact that an installment contract
is involved, and the total amount of installments received by the funeral
director and deposited in escrow or in trust.
(d) A funeral director shall report within 30 days all fulfilled prepaid contracts,
following:
(1) The name of the deceased.
(2) The date of the death.
(3) The account number.
(4) The name of the banking institution.
(e) The report required in subsection (c) is not a public record under the act
of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1—66.4), known as the
Right-to-Know Law. The report will be available to the following:
(1) Parties privy to the contract.
(2) Heirs of the deceased.
(3) Executors or administrators of the estate of the deceased.
(4) Courts of competent jurisdiction.
(5) The Board.
(f) Prepaid burial contracts or preneed contracts to be used by a funeral
director shall be reviewed and approved by the Board and should reflect whether
or not an additional service fee or arrangement fee is charged. Prepaid burial
contracts or preneed contracts used by a funeral director may not incorporate a
contract for funeral merchandise entered into by a person or entity other than a
funeral director.
Authority
The provisions of this § 13.224 amended under section 16(a) of the Funeral Director Law (63 P. S.
§ 479.16(a)).
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Source
The provisions of this § 13.224 adopted November 11, 1977, effective November 12, 1977, 7
Pa.B. 3306; amended November 3, 1989, effective November 4, 1989, 19 Pa.B. 4706; amended
December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645. Immediately preceding text appears
at serial pages (151833) to (151834) and (156419).
Notes of Decisions
Deposit in Escrow or Trust
The order issued in Pennsylvania Funeral Directors Association v. State Board of Funeral Directors,
494 A.2d 67 (Pa. Commw. 1985), requiring deposit in escrow or trust of 100% of funds collected
on preneed, prefinanced contracts applies retroactively to July 25, 1953. Pennsylvania Funeral Directors
Association v. State Board of Funeral Directors; Opinion Not Reported, entered May 9, 1988
(Pa. Cmwlth.).
Section 13(c) of Funeral Director Law (63 P. S. § 479.13(c)) requiring deposit in escrow or trust
of 100% of all funds collected on preneed, prefinanced contracts, takes precedence over the provisions
of the Future Interment Law (63 P. S. §§ 480.1—480.11) setting a standard of only 70%. Pennsylvania
Funeral Directors Association v. State Board of Funeral Directors, 494 A.2d 67 (Pa. Cmwlth.
1985).
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.225. Affidavit for prepaid burial accounts.
A licensed funeral director shall, within 30 days of receiving notification from
the Board, file with the Board, an affidavit that he has complied or will comply
within a reasonable time, with section 13(c) of the act (63 P. S. § 479.13(c)) and
has deposited or will deposit in escrow or trust in a banking institution in this
Commonwealth, 100% of monies received by him for preneed funeral arrangements
or incidentals. Failure to file will result in disciplinary action by the Board.
Authority
The provisions of this § 13.225 issued under section 16(a) of the Funeral Directors Law (63 P. S.
§ 479.16(a)).
Source
The provisions of this § 13.225 adopted December 23, 1988, effective December 24, 1988, 18
Pa.B. 5642.
Cross References
This section cited in 49 Pa. Code § 43a.8 (relating to schedule of civil penalties—funeral directors
and funeral establishments).
§ 13.226. Nature and description of escrow or trust accounts for prepaid
burial contracts.
(a) Funds received for prepaid burial contracts shall be placed in an escrow
or trust fund account which shall be separate and distinct from the business and
personal accounts of the funeral director.
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(b) If funds received by a funeral director for preneed burial contracts are
deposited in a banking account which bears interest, or are invested by the trustee
bank and produce earnings, the interest or earnings shall be retained in the
account with the principal and shall be held, accounted for and transferred in the
same manner as the principal amount, to assure delivery of the same quality of
service and merchandise for which the contract was made.
(c) In the event of a sale or transfer of the business of a funeral director, prepaid
burial contracts and prepaid burial accounts shall immediately be transferred
to the control of the licensee who will assume responsibility for completion of the
prepaid burial contracts. The licensee-transferee shall notify the Board in writing
of the licensee’s willingness to accept responsibility for completion of the prepaid
burial contracts.
Source
The provisions of this § 13.226 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B.
5645.
LICENSE RENEWAL
§ 13.231. Biennial registration; unregistered status and inactive status;
failure to renew.
(a) A licensee shall register each biennial period to retain the right to practice.
Initial registration shall automatically occur when a license is issued. Registration
for a biennial period expires on the first day of February of every even
numbered year. Unless excused by the Board for good cause under section
10(b)(4) of the act (63 P. S. § 479.10(b)(4)), the Board will not grant an application
for renewal of a funeral director license unless the licensee has certified that
the licensee has completed the amount of continuing education required by
§ 13.401 (relating to credit hour requirements).
(b) Applications for biennial registration shall be made on forms provided by
the Board. The form shall be received by the Board with the required registration
fee by the expiration of the previous biennial registration period.
(c) Biennial registration forms and other forms and literature distributed by
the Board will be mailed to the licensee at the last mailing address on file with
the Board. If a licensee changes the mailing address, the licensee shall notify the
Board within 15 days thereafter. Failure of the Board to send or of the licensee
to receive a biennial registration application does not relieve the licensee of the
biennial registration responsibility.
(d) A licensee whose licensure status has lapsed by failing to register biennially
with the Board may apply to the Board for reactivation of licensure status by
satisfying the requirements of paragraph (1) on forms prescribed by the Board.
An application for reactivation of an inactive or lapsed funeral director license
must also include the documentation required by § 13.402 (relating to reporting
completion of continuing education) for the immediately preceding biennium,
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which may be completed during the current biennium. Unless excused by the
Board for good cause under section 10(b)(4) of the act, the Board will not reactivate
any funeral director license until the required continuing education for the
preceding biennium has been successfully completed.
(1) A licensee applying for reactivation of licensure status is required to
pay the current registration fee and submit a notarized affidavit setting forth the
period of time in which the licensee did not practice in this Commonwealth.
(2) A licensee who seeks to reactivate his licensure status will not be
assessed a late renewal fee for the preceding biennial registration periods in
which the licensee did not engage in practice in this Commonwealth. A licensee
whose licensure status has lapsed due to the failure to register biennially with
the Board, is prohibited from practicing as a funeral director in this Commonwealth
unless the licensure status is reactivated. If a licensee engages in practice
in this Commonwealth during a period in which the licensees’ registration
is not renewed, the licensee is required to pay a late fee of $5 for each month
or part of a month beyond the date specified for renewal as provided in section
225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S.
§ 1401-225), in addition to the prescribed biennial renewal fee. The payment
of a late fee does not preclude the Board from taking disciplinary action against
a licensee for practicing as a funeral director in this Commonwealth without a
current license.
Authority
The provisions of this § 13.231 amended under sections 10(b) and 16(a) of the Funeral Director
Law (63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.231 adopted November 11, 1977, effective November 12, 1977, 7 Pa.B.
3306; amended December 28, 1979, effective December 29, 1979, 9 Pa.B. 4254; amended December
6, 1991, effective December 7, 1991, 21 Pa.B. 5645; amended December 2, 2005, effective December
3, 2005, 35 Pa.B. 6523. Immediately preceding text appears at serial pages (261708) and
(222883).
Cross References
This section cited in 49 Pa. Code § 13.401 (relating to credit hour requirements); and 49 Pa. Code
§ 43a.8 (relating to schedule of civil penalties—funeral directors and funeral establishments).
STATEMENTS OF POLICY
§ 13.251. Funeral supervisors and funeral directors on active duty—
statement of policy.
(a) Background.
(1) Under §§ 13.1, 13.113, 13.122, 13.144 and 13.155, the professional
activities of a funeral establishment operating under an estate or widow license,
a pre-1935 business corporation license, a restricted business corporation
license and a branch license, shall be conducted under the supervision of a
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licensed funeral director, in good standing with the Board, who is assigned and
registered with the Board as the permanent funeral supervisor of the establishment.
The only business structure which does not require the services of a
funeral supervisor is a sole proprietorship.
(2) This policy statement announces the procedures which are to be followed
by funeral establishments in this Commonwealth in the event of a
national emergency which requires rapid mobilization in the armed services on
the part of funeral supervisors or funeral directors of sole proprietorships in this
Commonwealth.
(b) Procedure. The following procedures are to be followed when a supervising
funeral director or a funeral director of a sole proprietorship is called to active
duty:
(1) Affected funeral establishments should notify the Board in writing
within 10 days of receipt of military orders by its acting funeral supervisor,
accompanied by a copy of the military orders.
(2) The funeral establishment will have 30 days from the date of receipt of
military orders by its acting funeral supervisor to name a ‘‘temporary supervisor’’
who may serve in that capacity until the permanent supervisor/funeral
director returns to civilian status. The Board shall be notified in writing when
the temporary supervisor appointment is made.
(3) Supervising funeral directors or funeral directors of sole proprietorships
affected by the events in the Persian Gulf prior to February 2, 1991 shall be
afforded the same protections as outlined in paragraphs (4)—(6). Funeral directors
already acting as ‘‘temporary supervisors’’ of these establishments shall be
responsible for notifying the Board in writing by March 4, 1991 of the names
of funeral supervisors or funeral directors already serving in the armed services,
together with a statement of his willingness to continue acting in the
capacity of temporary supervisor in accordance with this section.
(4) Except as provided in paragraph (5), the permanent supervisor/funeral
director called to active duty should be reinstated in the former position within
60 days of military release. The Board shall be informed in writing of the reinstatement.
(5) If the permanent supervisor/funeral director elects not to be reinstated
as a funeral supervisor, the affected funeral establishment shall notify the Board
of this fact in writing and apply for a ‘‘change in supervisor’’ within the framework
of the law and this chapter.
(6) If a biennial renewal of license occurs during a licensee’s term of military
service, the affected funeral director’s license may be renewed upon his
return to civilian status if written request is made to the Board. Renewal will
be without penalty.
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Source
The provisions of this § 13.251 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B.
435.
CHILD ABUSE REPORTING REQUIREMENTS
§ 13.301. Definitions relating to child abuse reporting requirements.
The following words and terms, when used in this section and §§ 13.302—
13.307 (relating to child abuse reporting requirements), have the following meanings,
unless the context clearly indicates otherwise:
Child abuse—A term meaning any of the following:
(i) A recent act or failure to act by a perpetrator which causes nonaccidental
serious physical injury to a child under 18 years of age.
(ii) An act or failure to act by a perpetrator which causes nonaccidental
serious mental injury to or sexual abuse or sexual exploitation of a child
under 18 years of age.
(iii) A recent act, failure to act or series of acts or failures to act by a
perpetrator which creates an imminent risk of serious physical injury to or
sexual abuse or sexual exploitation of a child under 18 years of age.
(iv) Serious physical neglect by a perpetrator constituting prolonged or
repeated lack of supervision or the failure to provide the essentials of life,
including adequate medical care, which endangers a child’s life or development
or impairs the child’s functioning.
ChildLine—An organizational unit of the Department of Public Welfare
which operates a 24-hour a day Statewide toll free telephone system for receiving
reports of suspected child abuse, referring reports for investigation and
maintaining the reports in the appropriate file.
Individual residing in the same home as the child—An individual who is 14
years of age or older and who resides in the same home as the child.
Perpetrator—A person who has committed child abuse and is a parent of the
child, a person responsible for the welfare of a child, an individual residing in
the same home as a child or a paramour of a child’s parent.
Person responsible for the child’s welfare—A person who provides permanent
or temporary care, supervision, mental health diagnosis or treatment, training
or control of a child in lieu of parental care, supervision and control. The
term does not include a person who is employed by or provides services or
programs in a public or private school, intermediate unit or area vocationaltechnical
school.
Recent acts or omissions—Acts or omissions committed within 2 years of
the date of the report to the Department of Public Welfare or county agency.
Serious mental injury—A psychological condition, as diagnosed by a physician
or licensed psychologist, including the refusal of appropriate treatment,
that does one or more of the following:
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(i) Renders a child chronically and severely anxious, agitated,
depressed, socially withdrawn, psychotic or in reasonable fear that the child’s
life or safety is threatened.
(ii) Seriously interferes with a child’s ability to accomplish ageappropriate
developmental and social tasks.
Serious physical injury—An injury that causes a child severe pain or significantly
impairs a child’s physical functioning, either temporarily or permanently.
Sexual abuse or exploitation—The employment, use, persuasion, inducement,
enticement or coercion of a child to engage in or assist another person to
engage in sexually explicit conduct or a simulation of sexually explicit conduct
for the purpose of producing a visual depiction, including photographing, videotaping,
computer depicting or filming, of sexually explicit conduct or the
rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent
assault, molestation, incest, indecent exposure, prostitution, statutory
sexual assault or other form of sexual exploitation of children.
Authority
The provisions of this § 13.301 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.301 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
§ 13.302. Suspected child abuse—mandated reporting requirements.
(a) General rule. Under 23 Pa.C.S. § 6311 (relating to persons required to
report suspected child abuse), funeral directors who, in the course of their
employment, occupation or practice of their profession, come into contact with
children shall report or cause a report to be made to the Department of Public
Welfare when they have reasonable cause to suspect on the basis of their professional
or other training or experience, that a child coming before them in their
professional or official capacity is a victim of child abuse.
(b) Staff members of public or private agencies, institutions and facilities.
Funeral directors who are staff members of a medical or other public or private
institution, school, facility or agency, and who, in the course of their employment,
occupation or practice of their profession, come into contact with children shall
immediately notify the person in charge of the institution, school, facility or
agency or the designated agent of the person in charge when they have reasonable
cause to suspect on the basis of their professional or other training or experience,
that a child coming before them in their professional or official capacity
is a victim of child abuse. Upon notification by the funeral director, the person in
charge or the designated agent shall assume the responsibility and have the legal
obligation to report or cause a report to be made in accordance with subsections
(a), (c) and (d).
(c) Reporting procedure. Reports of suspected child abuse shall be made by
telephone and by written report.
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(1) Oral reports. Oral reports of suspected child abuse shall be made
immediately by telephone to ChildLine, (800) 932-0313.
(2) Written reports. Written reports shall be made within 48 hours after the
oral report is made by telephone. Written reports shall be made on forms available
from a county children and youth social service agency.
(d) Written reports. Written reports shall be made in the manner and on forms
prescribed by the Department of Public Welfare. The following information shall
be included in the written reports, if available:
(1) The names and addresses of the child and the parents or other person
responsible for the care of the child, if known.
(2) Where the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse including any evidence
of prior abuse to the child or siblings of the child.
(5) The name and relationship of the persons responsible for causing the
suspected abuse, if known, and any evidence of prior abuse by those persons.
(6) Family composition.
(7) The source of the report.
(8) The person making the report and where that person can be reached.
(9) The actions taken by the reporting source, including the taking of photographs
and X-rays, removal or keeping of the child or notifying the medical
examiner or coroner.
(10) Other information which the Department of Public Welfare may require
by regulation.
Authority
The provisions of this § 13.302 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.302 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
Cross References
This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting
requirements); 49 Pa. Code § 13.306 (relating to confidentiality—waived); and 49 Pa. Code § 13.307
(relating to noncompliance).
§ 13.303. Photographs, medical tests and X-rays of child subject to report.
A funeral director may take or cause to be taken photographs of the child who
is subject to a report and, if clinically indicated, cause to be performed a radiological
examination and other medical tests on the child. Medical summaries or
reports of the photographs, X-rays and relevant medical tests taken shall be sent
to the county children and youth social service agency at the time the written
report is sent or as soon thereafter as possible. The county children and youth
social service agency shall have access to actual photographs or duplicates and
X-rays and may obtain them or duplicates of them upon request.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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Authority
The provisions of this § 13.303 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.303 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
Cross References
This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting
requirements); 49 Pa. Code § 13.306 (relating to confidentiality—waived); and 49 Pa. Code § 13.307
(relating to noncompliance).
§ 13.304. Suspected death as a result of child abuse—mandated reporting
requirement.
A funeral director who has reasonable cause to suspect that a child died as a
result of child abuse shall report that suspicion to the coroner of the county where
death occurred or, in the case where the child is transported to another county for
medical treatment, to the coroner of the county where the injuries were sustained.
Authority
The provisions of this § 13.304 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.304 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
Cross References
This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting
requirements); 49 Pa. Code § 13.306 (relating to confidentiality—waived); and 49 Pa. Code § 13.307
(relating to noncompliance).
§ 13.305. Immunity from liability.
Under 23 Pa.C.S. § 6318 (relating to immunity from liability) a funeral director
who participates in good faith in the making of a report, cooperating with an
investigation, testifying in a proceeding arising out of an instance of suspected
child abuse or the taking of photographs shall have immunity from civil and
criminal liability that might result by reason of the funeral director’s actions. For
the purpose of any civil or criminal proceeding, the good faith of the funeral
director shall be presumed. The Board will uphold the same good faith presumption
in any disciplinary proceeding that might result by reason of a funeral director’s
actions in participating in good faith in the making of a report, cooperating
with an investigation, testifying in a proceeding arising out of an instance of suspected
child abuse or the taking of photographs.
Authority
The provisions of this § 13.305 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.305 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
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Cross References
This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting
requirements).
§ 13.306. Confidentiality—waived.
To protect children from abuse, the reporting requirements of §§ 13.302—
13.304 (relating to suspected child abuse—mandated reporting requirements;
photographs, medical tests and X-rays of child subject to report; and suspected
death as a result of child abuse—mandated reporting requirement) take precedence
over the provisions in § 13.201 (relating to professional responsibilities)
and any other client confidentiality, ethical principles or professional standards
that might otherwise apply.
Authority
The provisions of this § 13.306 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.306 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
Cross References
This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting
requirements).
§ 13.307. Noncompliance.
(a) Disciplinary action. A funeral director who willfully fails to comply with
the reporting requirements in §§ 13.302—13.304 (relating to suspected child
abuse—mandated reporting requirements; photographs, medical tests and X-rays
of child subject to report; and suspected death as a result of child abuse—
mandated reporting requirement) will be subject to disciplinary action under section
11 of the act (63 P. S. § 479.11).
(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties for
failure to report), a funeral director who is required to report a case of suspected
child abuse who willfully fails to do so commits a summary offense for the first
violation and a misdemeanor of the third degree for a second or subsequent violation.
Authority
The provisions of this § 13.307 issued under the Child Protective Services Law, 23 Pa.C.S.
§ 6383(b)(2); and section 16 of the Funeral Director Law (63 P. S. § 479.16).
Source
The provisions of this § 13.307 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B.
5381.
Cross References
This section cited in 49 Pa. Code § 13.301 (relating to definitions relating to child abuse reporting
requirements).
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
49
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CONTINUING EDUCATION
§ 13.401. Credit hour requirements.
(a) During each biennial renewal period, a licensed funeral director shall
complete 6 hours of continuing education. This provision does not require a
funeral director to complete continuing education during the renewal period in
which the funeral director is first issued a license.
(b) Except as permitted in § 13.231(d) (relating to biennial registration;
unregistered status and inactive status; failure to renew) or as directed by the
Board, continuing education may satisfy the requirement of subsection (a) only
for the biennium during which it was completed. No hour of continuing education
may be used to satisfy the requirement of subsection (a) for more than 1
biennium.
(c) The requirement of subsection (a) will take effect, beginning with the
biennial renewal period of February 1, 2006—January 31, 2008.
Authority
The provisions of this § 13.401 issued under sections 10(b) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.401 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B.
6523.
Cross References
This section cited in 49 Pa. Code § 13.231 (relating to biennial registration; unregistered status and
inactive status; failure to renew); and 49 Pa. Code § 13.402 (relating to reporting completion of continuing
education).
§ 13.402. Reporting completion of continuing education.
(a) In general, proof of completion of a course of continuing education must
consist of a certified continuing education record, as defined in § 13.405(b)
(relating to provider responsibilities).
(b) A licensed funeral director for whom the Board has not been provided
certified continuing education records sufficient to comply with § 13.401 (relating
to credit hour requirements) shall otherwise demonstrate completion of
courses of continuing education.
(c) The Board will audit licensees to verify compliance with continuing education
requirements.
Authority
The provisions of this § 13.402 issued under sections 10(b) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.402 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B.
6523.
Cross References
This section cited in 49 Pa. Code § 13.231 (relating to biennial registration; unregistered status and
inactive status; failure to renew).
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§ 13.403. Credit for approved continuing education.
(a) Credit for continuing education will be granted only for courses that have
been approved in advance by the Board.
(b) Unless limited by this section, continuing education credit may be earned
in a course on any subject matter identified in section 5 of the act (63 P.S.
§ 479.5) as appropriate for examination. Continuing education credit may be
earned in a course in applicable law or the provision of professional services.
Continuing education credit may not be earned in any course in office management
or marketing.
Authority
The provisions of this § 13.403 issued under sections 10(b) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.403 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B.
6523.
Cross References
This section cited in 49 Pa. Code § 13.404 (relating to approval of continuing education courses
or providers).
§ 13.404. Approval of continuing education courses or providers.
(a) Anyone, to include any college, university, school, association, professional
society and organization, seeking approval to offer continuing education
shall apply for approval on forms provided by the Board and fully provide the
information required by those application forms for the Board to fulfill its duties
under this section. The application must include payment of the fee required
under § 13.12 (relating to fees).
(b) Approval as a continuing education provider shall be renewed biennially.
(c) An approved provider shall apply for approval of each course of continuing
education. A single application may include multiple presentations of the
course and various locations.
(d) The Board may deny approval of a provider or course of continuing education
where the applicant has previously failed or is not currently able to comply
with § 13.405 (relating to provider responsibilities) or the course does not
qualify under § 13.403 (relating to credit for approved continuing education).
The Board may approve in part and deny in part an application for approval of
a provider or course. The Board may deny an application for provider or course
approval that does not comply with the act or this chapter.
(e) The Board may terminate its prior approval of a provider or course of
continuing education when the applicant made one or more false or misleading
material statements on the application. The Board may also terminate in part or
in whole its prior approval of a provider or course when it is later determined that
the Board has grounds to deny approval in accordance with this section.
Authority
The provisions of this § 13.404 issued under sections 10(b) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.404 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B.
6523.
Ch. 13 STATE BOARD OF FUNERAL DIRECTORS
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§ 13.405. Provider responsibilities.
(a) For each course of continuing education, the provider shall:
(1) Disclose in advance to prospective attendees the objectives, content,
teaching method and number of hours of continuing education credit.
(2) Open each course to all licensees.
(3) Provide adequate physical facilities for the number of anticipated participants
and the teaching methods to be used.
(4) Provide accurate instructional materials.
(5) Employ qualified instructors who are knowledgeable in the subject
matter.
(6) Evaluate the program through the use of questionnaires of the participants
and instructors.
(7) Issue a certified continuing education record to each participant.
(8) Retain attendance records, written outlines, and a summary of evaluations
for 5 years.
(b) Each continuing education record must include:
(1) The name of the participant.
(2) The date or dates of the course.
(3) The name of the course.
(4) The provider’s name.
(5) The number of hours of continuing education credit.
Authority
The provisions of this § 13.405 issued under sections 10(b) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.405 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B.
6523.
Cross References
This section cited in 49 Pa. Code § 13.402 (relating to reporting completion of continuing education);
and 49 Pa. Code § 13.404 (relating to approval of continuing education courses or providers).
§ 13.406. Demonstration of embalming techniques.
(a) With prior approval of the Board, embalming of human remains to demonstrate
techniques during a program of continuing education will not be considered
to be the practice of funeral directing at an establishment not authorized by
the Board.
(b) Only a licensed funeral director may demonstrate embalming techniques
at a program of continuing education in this Commonwealth.
Authority
The provisions of this § 13.406 issued under sections 10(b) and 16(a) of the Funeral Director Law
(63 P. S. §§ 479.10(b) and 479.16(a)).
Source
The provisions of this § 13.406 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B.
6523.
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BURIAL GROUNDS
Title 9
TABLE OF CONTENTS
TITLE 9
BURIAL GROUNDS
Chapter 1. General Provisions
§ 101. Definitions.
Chapter 2. (Reserved)
Chapter 3. Regulation of Cemetery Companies
§ 301. Initial deposits by newly-organized cemetery companies.
§ 302. Initial deposits by existing cemetery companies.
§ 303. Periodic deposits.
§ 304. Registration and filing affidavit of compliance.
§ 305. Use of permanent lot care fund.
§ 306. Status and readjustment of permanent lot care fund.
§ 307. Investment and operation of fund.
§ 308. Accounts of qualified trustee.
§ 309. Incorporated cemetery company as qualified trustee.
§ 310. Penalties.
§ 311. Effect of chapter on articles of existing incorporated
cemetery companies.
§ 312. Engaging in cemetery business in unauthorized manner.
TITLE 9
BURIAL GROUNDS
Chapter
1. General Provisions
2. (Reserved)
3. Regulation of Cemetery Companies
Enactment. Unless otherwise noted, the provisions of Title 9
were added November 15, 1972, P.L.1063, No.271, effective in 90
days.
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Definitions.
Enactment. Chapter 1 was added November 15, 1972, P.L.1063,
No.271, effective in 90 days.
§ 101. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
chapters or other provisions of this title, the following words
and phrases when used in this title shall have, unless the
context clearly indicates otherwise, the meanings given to them
in this section:
"Cemetery." A place for the disposal or burial of deceased
human beings, by cremation or in a grave, mausoleum, vault,
columbarium or other receptacle, but the term does not include a
private family cemetery.
"Cemetery company." Any person who offers or sells to the
public the ownership, or the right to use, any cemetery lot.
"Department." The Department of State acting through the
Commissioner of Professional and Occupational Affairs.
"Institutional trustee." Any bank and trust company, trust
company or national banking association having fiduciary powers.
"Lot." Includes a lot, plot or part of a cemetery.
"Permanent lot care fund." The permanent lot care fund
required by the provisions of Chapter 3 of this title (relating
to regulation of cemetery companies).
"Qualified trustee." An institutional trustee or an
incorporated cemetery company when acting pursuant to the
authority conferred by section 309 of this title (relating to
incorporated cemetery company as qualified trustee).
CHAPTER 2
(Reserved)
Enactment. Chapter 2 (Reserved) was added November 15, 1972,
P.L.1063, No.271, effective in 90 days.
CHAPTER 3
REGULATION OF CEMETERY COMPANIES
Sec.
301. Initial deposits by newly-organized cemetery companies.
302. Initial deposits by existing cemetery companies.
303. Periodic deposits.
304. Registration and filing affidavit of compliance.
305. Use of permanent lot care fund.
306. Status and readjustment of permanent lot care fund.
307. Investment and operation of fund.
308. Accounts of qualified trustee.
309. Incorporated cemetery company as qualified trustee.
310. Penalties.
311. Effect of chapter on articles of existing incorporated
cemetery companies.
312. Engaging in cemetery business in unauthorized manner.
Enactment. Chapter 3 was added November 15, 1972, P.L.1063,
No.271, effective in 90 days.
Cross References. Chapter 3 is referred to in section 101 of
this title.
§ 301. Initial deposits by newly-organized cemetery companies.
(a) General rule.--No cemetery company shall establish a
cemetery, or dispose or make sale of any lot therein, without
first causing to be deposited with a qualified trustee a sum of
not less than $25,000 as a permanent lot care fund.
(b) Exceptions.--The provisions of subsection (a) of this
section shall not apply to any bona fide church or religious
congregation or any association created by any such bona fide
church or religious congregation.
Cross References. Section 301 is referred to in sections
304, 305, 306 of this title.
§ 302. Initial deposits by existing cemetery companies.
(a) General rule.--No cemetery company specified in
subsections (b) or (c) of this section shall dispose or make any
sale of any lot situated in the cemetery of such cemetery
company, without first causing to be deposited with a qualified
trustee a sum of not less than $50,000 as a permanent lot care
fund.
(b) Unincorporated companies.--The provisions of subsection
(a) of this section shall apply to every unincorporated cemetery
company:
(1) which established a cemetery on or after October 2,
1959; or
(2) which extended or enlarged its cemetery or acquired
additional lands for such purposes on or after October 2,
1959.
(c) Incorporated companies.--The provisions of subsection
(a) of this section shall apply to:
(1) a corporation not-for-profit incorporated on or
after November 18, 1961; or
(2) a corporation for profit incorporated on or after
January 19, 1952.
(Dec. 3, 1993, P.L.485, No.71, eff. 60 days)
1993 Amendment. Act 71 amended subsec. (a).
Cross References. Section 302 is referred to in sections
304, 305, 306 of this title.
§ 303. Periodic deposits.
Every cemetery company shall set aside annually and deposit
into a permanent lot care fund a sum equal to at least 15% of
the gross amount of the funds arising from each of the
following:
(1) The sale of lots in the cemetery of such cemetery
company or a sum equal to at least $1 per square foot of each
lot sold, whichever is greater.
(2) The construction cost of each crypt sold in a
mausoleum of the cemetery company or $50 per crypt, whichever
is greater.
(3) The construction cost of each niche sold in a
columbarium of the cemetery company or $25 per niche,
whichever is greater.
(Dec. 3, 1993, P.L.485, No.71, eff. 60 days)
Cross References. Section 303 is referred to in sections
305, 306 of this title.
§ 304. Registration and filing affidavit of compliance.
(a) Registration with State Real Estate Commission.--
(1) Except as provided in paragraph (2), every cemetery
company shall have a current and valid registration
certificate issued by the State Real Estate Commission
pursuant to the act of February 19, 1980 (P.L.15, No.9),
known as the "Real Estate Licensing Act," before disposing of
any lot in its cemetery or before carrying on any other
cemetery business. The biennial fee for the registration
certificate shall be $25.
(2) The provisions of paragraph (1) shall not apply to
cemetery companies and cemeteries owned or controlled by a
bona fide church or religious congregation or fraternal
organization or by any association created by a bona fide
church or religious congregation or fraternal organization.
(b) Affidavit of compliance.--Every cemetery company subject
to the provisions of section 301 (relating to initial deposits
by newly-organized cemetery companies) or section 302 (relating
to initial deposits by existing cemetery companies) shall,
before disposing of any lot in its cemetery, cause to be filed
in the Department of State an affidavit signed by a member or
officer of the cemetery company stating that it has complied
with the applicable section of this title, to which affidavit
shall be attached an acceptance by a qualified trustee,
acknowledging its acceptance of the trusteeship. The affidavit
shall contain such other information as the department may
require.
(Mar. 7, 1982, P.L.149, No.48, eff. 60 days)
§ 305. Use of permanent lot care fund.
The permanent lot care fund established by the deposits
required by section 301 of this title (relating to initial
deposits by newly-organized cemetery companies) through section
303 of this title (relating to periodic deposits) shall be used
for the perpetual care, maintenance and preservation of the lots
and grounds, and the repair and renewal of the buildings and
property connected with and forming a part of the cemetery.
§ 306. Status and readjustment of permanent lot care fund.
(a) Single fund.--The permanent lot care fund established by
the deposits required by section 301 of this title (relating to
initial deposits by newly-organized cemetery companies) through
section 303 of this title (relating to periodic deposits) shall
constitute a single fund with respect to any cemetery and
nothing contained in this chapter shall be construed to mean
that two separate funds must be created.
(b) Readjustment of fund.--Whenever there shall be deposited
in a permanent lot care fund pursuant to section 303 of this
title (relating to periodic deposits) a sum equal to the amount
of money required to be initially deposited therein pursuant to
section 301 of this title (relating to initial deposits by
newly-organized cemetery companies) or section 302 of this title
(relating to initial deposits by existing cemetery companies)
and proof of such fact is submitted to the qualified trustee, it
shall be the duty of the qualified trustee thereupon to pay over
to the cemetery company the amount so initially deposited by it
in the permanent lot care fund free and clear of the
restrictions and limitations of this chapter.
§ 307. Investment and operation of fund.
The permanent lot care fund shall be invested by the
qualified trustee in the manner authorized for fiduciaries by
the Fiduciaries Investment Act of 1949, and the qualified
trustee, if an institutional trustee, shall pay semiannually the
net income of the fund to the cemetery company for the purposes
set forth in this chapter.
References in Text. The Fiduciaries Investment Act of 1949,
referred to in this section, was repealed June 30, 1972,
P.L.508, No.164, effective July 1, 1972. The subject matter is
now contained in Chapter 73 of Title 20 (Decedents, Estates and
Fiduciaries).
§ 308. Accounts of qualified trustee.
(a) Institutional trustee.--The qualified trustee, if an
institutional trustee, shall file accounts in the court of
common pleas of the county in which the cemetery, or any part
thereof, is situate, which accounts shall be filed triennially
and at such other times as the court may direct, and which
accounts shall be audited, adjudicated and confirmed by the
court upon such notice to the parties in interest as the court
may determine.
(b) Cemetery company as trustee.--An incorporated cemetery
company acting as a qualified trustee under section 309
(relating to incorporated cemetery company as qualified trustee)
shall file:
(1) Accounts in the court of common pleas of the county
in which the majority of the cemetery is situate and
duplicates of such accounts with the State Real Estate
Commission. The accounts shall be filed on or before January
31 of each odd-numbered year and at such other times as the
court may direct. The accounts shall be audited, adjudicated
and confirmed by the court upon notice to the commission and
such other parties in interest as the court deems
appropriate.
(2) Interim reports with the State Real Estate
Commission. The interim report shall be filed on or before
January 31 of each even-numbered year and shall be on a form
approved by the commission. The interim report shall include
a list of all contributions to the permanent lot care fund, a
list of all withdrawals made from the fund and the number of
lots deeded during the previous calendar year. The interim
reports required under this paragraph shall be in addition
to, and not in lieu of, the complete biennial account
required under paragraph (1).
(Mar. 7, 1982, P.L.149, No.48, eff. 60 days)
Special Provisions in Appendix. See section 3 of Act 48 of
1982 in the appendix to this title for special provisions
relating to accounts of qualified trustees.
§ 309. Incorporated cemetery company as qualified trustee.
(a) General rule.--Every incorporated cemetery company may
act as qualified trustee of the permanent lot care fund required
by this chapter and may be appointed the original trustee, or,
when for any reason a vacancy may occur in a trusteeship,
substituted or successor trustee, and as such may receive
devises, or gifts, the principal of which is to be held, in
trust, in perpetuity or for a lesser period of time, for the
care, maintenance, preservation, ornamentation or benefit of its
cemetery, or the cemetery lots therein, upon giving its own bond
without surety. The directors of any such corporation are hereby
made trustees of any such funds so deposited or received, and
neither such funds nor the income derived therefrom shall be
used by such trustees for any purpose other than the purpose for
which they were deposited, devised, donated, or otherwise
acquired. The directors of such corporation shall cause accurate
accounts to be kept of such trust funds separate and apart from
the other funds of the corporation. Any such corporation may
combine and merge the principal of two or more such trust funds
and any funds so set aside in an omnibus fund for the purposes
of investment of the same.
(b) Transfers to institutional fiduciary.--Any incorporated
cemetery company may, by appropriate action of its stockholders
or members and board of directors and with the approval of the
court of common pleas of the county in which the cemetery, or
any part thereof, is situated, transfer any of such funds to one
or more institutional trustees, and with like investment
restrictions, such transfer to be either revocable, or absolute
and irrevocable, and upon the transfer of any such funds, the
incorporated cemetery company and its directors shall be
relieved of all liability for the investment and reinvestment
thereof.
Cross References. Section 309 is referred to in sections
101, 308 of this title.
§ 310. Penalties.
Any officer of any incorporated cemetery company or any
member of any unincorporated cemetery company conducting or
maintaining a cemetery or knowingly permitting the same to be
conducted or maintained in violation of the provisions of this
chapter, shall be guilty of a misdemeanor, and shall, upon
conviction thereof, be sentenced to pay a fine of not more than
$1,000 or to undergo imprisonment for not more than one year, or
both.
§ 311. Effect of chapter on articles of existing incorporated
cemetery companies.
(a) Statutory amendment.--The articles of incorporation or
charters of all existing incorporated cemetery companies shall
be deemed to be amended to the extent necessary to give effect
to the provisions of this chapter and to conform thereto.
(b) Deletion of unnecessary matter.--An existing
incorporated cemetery company may by proper corporate
proceedings delete from its articles of incorporation all or any
part of any regulatory restrictions or limitations within the
scope of this chapter.
§ 312. Engaging in cemetery business in unauthorized manner.
The State Real Estate Commission may investigate any cemetery
company engaged in a business relating to cemetery lots, plots
or mausoleum spaces, openings or foundations and fine the
company up to $1,000 or suspend or revoke the registration of
the company in accordance with the provisions of section 604 of
the act of February 19, 1980 (P.L.15, No.9), known as the "Real
Estate Licensing Act," if it is determined that the cemetery
company has violated any of the provisions of that act, the act
of August 14, 1963 (P.L.1059, No.459), relating to future need
sales for death and interment, or this chapter. If it is
determined that a cemetery company is engaging in the business
specified in this section without registering or while its
registration is suspended, the criminal penalties provided for
in section 303 of the "Real Estate Licensing Act" may be
imposed.
(Mar. 7, 1982, P.L.149, No.48, eff. 60 days)
1982 Amendment. Act 48 added section 312.
APPENDIX TO TITLE 9
BURIAL GROUNDS
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Supplementary Provisions of Amendatory Statutes
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1982, MARCH 7, P.L.149, NO.48
§ 3. Accounts of qualified trustee.
(a) General rule.--The initial accounts required to be filed
pursuant to 9 Pa.C.S. § 308(b)(1) (relating to accounts of
qualified trustee) shall be filed within 24 months of the
effective date of this amendatory act and shall cover the period
from January 1, 1981 through December 31, 1982. Thereafter
accounts shall be filed on or before January 31 of each odd-
numbered year.
(b) Interim reports.--The initial interim report required to
be filed pursuant to 9 Pa.C.S. § 308(b)(2) shall be filed on or
before January 31, 1984 and shall cover the period from January
1, 1983 through December
31, 1983.
