Section 331-1-1 - Definitions1. Alternative container. "Alternative container" means an unfinished wood box or other non-metal receptacle without ornamentation or a fixed interior lining, often made of fiberboard, pressed wood or composition materials, which is designed for the encasement of human remains.2. Authorized person. "Authorized person," as defined in 22 MRSA §2846 and referenced in 22 MRSA §2843, means a member of the immediate family of the deceased, the domestic partner of the deceased, a person authorized in writing by a member of the immediate family of the deceased if no member of the immediate family of the deceased wishes to assume the responsibility or by the domestic partner of the deceased if the domestic partner does not wish to assume the responsibility or, in the absence of immediate family or a known domestic partner, a person authorized in writing by the deceased. For purposes of the board's rules, "domestic partner" has the definition set forth in 22 MRSA §2843-A(1)(D)(1-A).3-A. Branch. "Branch" means a chapel, sales office or other facility utilized by a funeral establishment for any aspect of the practice of funeral service whether or not the embalming or preparation of human remains takes place on the premises.4. Casket. "Casket" means a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, wicker, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.4-A. Change of ownership. "Change of ownership" means the sale or transfer of the entire ownership of a funeral home.4-B. Credit for service. "Credit for service" refers to a mortuary trust agreement in which the mortuary trust proceeds are applied to the cost of funeral goods and services selected, but are not guaranteed by the funeral home to cover those costs in full. [NOTE: For a more complete explanation of a credit for service mortuary trust agreement, see Chapter 16, Section 2(1) of the board's rules.]
5. Embalming. "Embalming" means the injection, both arterially and into the body cavities, of an amount of approved embalming fluid at least the equivalent of 10% of the body weight. An approved embalming fluid shall have disinfecting capacities at least the equivalent of 5% of formaldehyde gas when diluted in accordance with the manufacturer's specifications.6. Funeral attendant. "Funeral attendant" means a person who is licensed to perform the duties described in Chapter 10, § 4 of the board's rules under the supervision of a practitioner of funeral service.7. Funeral director. "Funeral director" means a person engaged in the practice of funeral directing as presently known, whether under the title of "funeral director," "mortician," "undertaker" or otherwise. 7-A. Guaranteed service. "Guaranteed service" refers to a mortuary trust agreement in which the funeral home guarantees to provide the funeral goods and services selected for a fixed price set forth in the agreement, with the possible exception of cash advance items. [NOTE: For a more complete explanation of a guaranteed service mortuary trust agreement, see Chapter 16, Section 2(2) of the board's rules.]
8. Human remains. "Human remains" means a deceased person or any part thereof.9. Licensee in charge. "Licensee in charge" means the practitioner of funeral service who is in charge of a funeral establishment. 9-A. Maine Apprenticeship Program. "Maine Apprenticeship Program" means the Maine Apprenticeship Program administered by the Department of Labor, Bureau of Employment Services.10. National Board Examination. "National Board Examination" means the examination administered and graded by the International Conference of Funeral Service Examining Boards, Inc. or a successor or other organization approved by the board.10-A. Payee. "Payee" means the funeral home that serves as trustee of a credit for service or guaranteed price mortuary trust created by a mortuary trust agreement. The funeral home may be an individual, firm, association, partnership or corporation.10-B. Payor. "Payor" means the person who funds a credit for service or guaranteed service mortuary trust, or the duly appointed legal representative of such person.11. Practical examination. "Practical examination" means actual embalming of human remains by an applicant in the presence of a member of the board who is a practitioner of funeral service.12. Practitioner of funeral service. "Practitioner of funeral service" means any person engaged in the practice of funeral service as defined in 32 MRSA §1400(5), including but not limited to embalmers and funeral directors, whether self-employed or employed by others. 12-A. Practitioner trainee. "Practitioner trainee," as defined in 32 MRSA §1400(6), means a person licensed by the board for the purpose of acquiring supervised practice experience within the Maine Apprenticeship Program.13-A. Settlor. "Settlor" means the person who creates a mortuary trust funded by an existing life insurance policy as described in Chapter 16, § 2(3) of the Board's rules.14. State Law and Rule Examination. "State Law and Rule Examination" means the written examination on the State laws and rules promulgated by the Board relating to the practice of funeral service in the State of Maine.