Rule 30-2401-4.1 - GENERAL To be licensed by the Board, a funeral service establishment must meet the following minimum requirements:
(1)Ownership. The establishment shall be operated by a sole owner, a partnership, a limited liability partnership, a limited partnership, a limited liability company, corporation, or a subsidiary of a corporation or other business entity authorized to do business in the State of Mississippi. A Mississippi-licensed funeral establishment must be in good standing and authorized to do business as a funeral establishment in the State of Mississippi by all applicable authorities.
(2)Fixed place. The establishment shall have a fixed place of business with a specific street address or physical location and shall conform to local zoning ordinances as evidenced by an occupancy permit issued by the proper local governmental entity authorizing the occupancy of a funeral service establishment at that location. Fixed place means that the establishment is affixed to the real property by roots, embedded in it, permanently resting upon it, or physically attached or fastened to the real property, as by means of cement, plaster, nails, bolts, or screws. The establishment shall display a sign indicating its true name as registered with the Board. Such sign shall be conspicuously located at or near the main entrance and shall be visible from the exterior of the building. In the event that a funeral establishment closes or moves from the location, the logo or business signs must be removed.
A funeral establishment shall have, listed and in working order, at its registered address a business telephone, the number of which shall be indicated as the business telephone number. Any other telephone number also listed for the funeral firm shall be specifically designated as "residence telephone number," "number to call if no answer," or otherwise identified.
A funeral establishment that maintains a chapel, preparation room, or other facility in a building or portion physically separated from and/or located at a place designated by an address differing from the office, chapel, or other facilities of the applicant, the chapel, preparation room, or other funeral facility otherwise located shall be deemed to be a separate funeral establishment. However, separate buildings or portions thereof connected by a private passageway, walk or driveway shall constitute a single funeral establishment.
(3)Application. The establishment must submit an application for an original license, or if appropriate, an application for a renewal license on forms provided by the Board. If a corporation or subsidiary thereof, partnership, limited liability partnership, limited partnership, or limited liability company, the application must, in addition to other requirements, be accompanied by a copy of the certificate of incorporation, articles of organization, or certificate or agreement of formation, and any other document filed with the Mississippi Secretary of State, which allows the entity to do business in Mississippi. (4)Fee. The required fee must also be submitted with the application for licensure(5)Inspection. The establishment shall be inspected by a representative of the Board as follows: (a) prior to being initially licensed;(b) when there is a change in ownership;(c) any time when the inspection is part of the investigation of a complaint; and(d) random, unannounced, or periodically as determined or required by the Board. Failure to cooperate with a Board inspection shall constitute grounds for discipline as provided by Section 73-11-57 of the Mississippi Code of 1972, as amended.
(6)Existing Establishments. Any establishment which has been issued an establishment license under a rule of the Board having different requirements for the physical structure of the establishment than in this Rule will be permitted to continue to be licensed under the rules pursuant to which the establishment was initially licensed until such time as a change of ownership, purchase, lease, or change of address of such establishment is made. In the event of such a change, the establishment must meet the current requirements of these rules.(7)Multiple Establishments at Same or Single Location(a) The Board may issue more than one establishment license for a single location provided that each establishment is owned by the same individual, partnership, limited liability partnership, corporation, limited liability company or other business entity. If the Board issues more than one establishment license for a single location, the licensees shall ensure that the public will not be confused or deceived as to the establishment with which the public is interacting.(b) All new funeral establishments shall be inspected and shall receive a satisfactory inspection, as determined by the Board, prior to the issuance an establishment license and shall comply with the criteria set forth in Rule 4.2. Purposes of funeral establishment inspection sheets, each of the establishments shall be considered as if they constituted a single establishment.(c) No more than three (3) funeral establishments shall operate in one facility unless, upon application, the Board in its discretion finds that permitting an additional establishment will be in the best interest of consumers.(8)Mobile Homes. Mobile home, modular units, manufactured homes and similar mobile units are prohibited for use as a funeral establishment or branch thereof, except in the case of an emergency as prescribed by the Board. Such homes or units may be granted a replacement license on a case by case basis as determined by the Board.(9)Display of License. The license of each funeral establishment shall be current and prominently displayed at all times in a conspicuous location in such a manner that the license may be seen by the general public. The license of the licensee-in-charge and all funeral service licensees, funeral directors and apprentices employed by or working at the funeral establishment must be current and prominently displayed at all times in a conspicuous location in such a manner that the license may be seen by the general public.
30 Miss. Code. R. 2401-4.1
Miss. Code Ann. §§ 73-11-41(l), 73-11-49(7), 73-11-55, 73-11-57 and 73-11-69 (Rev. 2012).