Part 3 INFORMATION FOR APPLICANTS Section 3.1 APPLICATIONS Applications and information about the types of licenses and their requirements are available from the Office. An applicant shall submit a fully completed application form with all supporting documentation and the fee to the Office. The Board reviews applications only after the fully completed application and documentation is received, including evidence of any required education, supervision, employment, evidence of a license in another jurisdiction and its licensing standards, or other licensing standards.
An applicant issued an initial license within 90 days of the renewal date will not be required to renew or pay the renewal fee. The license will be issued through the next full license period. An applicant issued an initial license more than 90 days prior to the renewal expiration date will be required to renew and pay the renewal fee.
Section 3.2 EMBALMER LICENSE Qualifications for embalmer licensure are outlined in 26 V.S.A. § 991.
A. Applicants for embalmer licensure by examination shall either: 1. have graduated from a two-year school of funeral service or have completed one academic year or its equivalent as determined by the Board from an accredited school of funeral service and 30 credits of instruction from an accredited college or university, and2. have served a traineeship of 12 months of full-time employment or its equivalent, and3. pass the examination(s) required or approved by the Board.B. Applicants for embalmer licensure by endorsement shall:1. have a valid license from another state with requirements for licensure substantially equivalent to those in this state, and2. have held the license for at least three years prior to the date of application, and3. pass the examination(s) required or approved by the Board pursuant to Rule 3.4 below.Section 3.3 FUNERAL DIRECTOR LICENSE Qualifications for funeral director licensure are outlined in 26 V.S.A. § 1252.
A. Applicants for funeral director licensure by examination shall: 1. have assisted with 30 funerals, under the direct supervision of a licensed funeral director. (Funeral director trainees do not need to register or report progress but the supervising funeral director shall provide verification of completion of the training at the time the applicant applies for licensure), and2. pass the examination(s) required or approved by the Board.B. Applicants for funeral director licensure by endorsement shall:1. have a valid license from another state with requirements for licensure substantially equivalent to those in this state, and2. have held the license for at least three years prior to the date of application, and3. pass the examination(s) required or approved by the Board pursuant to Rule 3.4 below.Section 3.4 REMOVAL PERSONNEL REGISTRATION Qualifications for removal personnel are outlined in 26 V.S.A. § 1252.
A. Applicants for removal personnel registration shall:1. show proof of employment by a licensed crematory or funeral establishment in good standing in this state; and2. Have successfully completed a course of instruction of at least three clock hours in infectious diseases.B. The course of instruction in infectious diseases must be approved by the Board. Applicants may contact the Office for a list of approved courses.C. The Board may waive the course requirement if the applicant has sufficient education or experience with universal precautions and infectious diseases.Section 3.5 EXAMINATIONS As set forth in 26 V.S.A. § 1253, examinations are required for embalmers and funeral directors. Applicants shall furnish proof of passing an examination. The Board uses the written examinations of the Conference of Funeral Service Examining Boards (CFSEB) and may approve a subsequent or alternative licensing examination for both embalmers and funeral directors. In addition, embalmers shall take a practical exam. If any part of an exam is failed, the exam shall be completely retaken. The CFSEB exams are given in Vermont at least once a year, but they may be taken in other states if the results are reported to the Vermont Board.
All applicants for licensure, including applicants for licensure by endorsement, shall take and pass an examination on the Vermont laws and rules governing the profession in which he or she is applying for licensure. This examination must be taken in Vermont, even though other examinations such as the CFSEB may be taken elsewhere.
Section 3.6 FUNERAL ESTABLISHMENT LICENSE Qualifications for a Funeral Establishment license are outlined in 26 V.S.A. § 1252
Applicants for a Funeral Establishment license shall:
1. present permits showing the building to be used (a) has a water supply and wastewater disposal as required by the Agency of Natural Resources and (b) has the approval of the state fire marshall, and2. identify the funeral director to be responsible for the funeral establishment, and3. pass an inspection of the establishment by the Board or its designee;Section 3.7 FUNERAL ESTABLISHMENT PREPARATION ROOM REQUIREMENTS A funeral establishment, if used for embalming or preparation for final disposition, shall have a preparation room.
A. The preparation room shall have: 1. electrical service, an outside exhaust fan and hot and cold running water;2. walls, floors, ceilings, operating tables, sinks, and other furnishings that can be kept clean and sanitary, cabinets for clean and sanitary storage of instruments and a basin for disinfecting instruments after use;3. proper waste disposal and drainage facilities, including a covered receptacle for refuse, bandages, cotton and other waste materials which must be disposed of by burning or placing in a plastic bag according to guidelines provided by the Department of Health;4. windows and lockable doors that obstruct public view into the room;5. hydro or electric aspirators;6. the following items: germicidal soap; paper towels and dispenser; viscera pail; embalming table (enamel or stainless steel); sanitary removal cot; clean sheets; at least one large rubber or plastic disaster pouch; a supply of fluids, powder, disinfectants, cotton, threads, cosmetics, hair and barber needs, and plastic or rubber goods such as stockings, pants and unionalls; and an adequate stock of regularly needed instruments and embalming supplies; and7. eyewash station or an eyewash disposable kit conveniently located for emergency use. In addition, the preparation room shall conform to other applicable local, state and federal requirements, including occupational safety and health regulations, Health Department rules, and public building requirements.
B. The funeral establishment license and all personnel licenses shall be displayed together in a conspicuous public area.Section 3.8 INSPECTIONS The Board or the Office of Professional Regulation has the authority to inspect any funeral establishment, equipment, and records related to items 1 through 5 below, at any reasonable time, and the funeral director shall make such records available.
The Board or its designee will inspect for and verify the following:
1. the preparation room, casket display room (if the funeral establishment has a preparation or casket display room), chemical storage room or other areas used for conducting of funeral business to review for conformance to any statute or rule;2. the motor vehicles used for removal of human remains;3. working order of any required equipment;4. records pertaining to prepaid funeral arrangements and forms used, regardless of the date contracts and forms were developed;5. general price lists, casket price lists, vault lists, casket display books or catalogues, and other materials used in the sale of funeral arrangements and any information provided to consumers;Section 3.9 BRANCH LOCATIONS Each location of a funeral establishment is subject to Board inspection. However, a location does not require a separate license or fee if there is no casket display room or preparation room. Copies of the principal funeral establishment license and all personnel licenses shall be displayed together in a conspicuous public area. Originals shall be displayed in the principal establishment.
Section 3.10 LICENSE DENIALS, HEARINGS, APPEALS A. If the Board intends to deny an application for a license, the Board shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reason therefor in writing.B. A party aggrieved by a final decision of the Board may appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer. The review shall be conducted on the basis of the record created before the Board. Persons wishing to appeal shall give written notice of their decision to appeal within 30 days of receipt of the Board's final decision to; the director of the Office of Professional Regulation. The appellate officer's decision may be appealed to Washington Superior Court.
Part 4 INFORMATION FOR LICENSEES Section 4.1 RENEWING LICENSES The Office has a fixed 24-month licensing schedule. Licensees renew on a fixed biennial schedule: August 1 of the odd-numbered years. A licensee shall renew by the expiration date printed on his or her license. Before the license expiration date, the Office will mail a renewal application and notice of renewal fee. A license will expire automatically if the renewal application and fee are not returned to the Office by the expiration date.
A licensee is responsible for notifying the Office promptly if he or she changes name, mailing address or business address.
Section 4.2 REINSTATING LICENSES A license which expired because it was not renewed on time may be reinstated by submitting an application to the Board and paying a reinstatement fee and the renewal fee for the current renewal period. The Board may require additional training, continuing education hours, or examination as a condition of reinstatement.
Section 4.3 CONTINUING EDUCATIONA. All applicants for renewal or reinstatement of licenses shall successfully complete 10 hours of continuing education per license during the two year period ending on the license expiration date. Continuing education topics shall be directly related to maintaining competence in essential issues of public protection and welfare. 1. Essential issues of public protection are: b. handling of blood-borne pathogensc. state and federal statutes related to the funeral industryf. grief management and understanding multicultural beliefs about death and dyingg. other topics approved by the BoardB. Individuals initially licensed for less than one year will not be required to submit evidence of continuing education until conclusion of the first full, two-year renewal period following initial licensure.C. Applicants for renewal of licenses shall file with their applications a signed Continuing Education Form, provided by the Office, listing continuing education programs for which they claim credit and showing the sponsoring organization, location of program, title of program and description of content, dates attended, and hours claimed.D. Any person or organization may seek approval of a planned course offering by petitioning the Board 90 days before the educational activity will commence. Advance approval requests shall include the name of the sponsoring organization, location of program, title of program, description of content, dates of the program, and continuing education hours requested. A resume of all instructors shall also accompany the request for approval of a continuing education program.E. Continuing professional education credit will be given for whole hours only, with a minimum of fifty minutes constituting one hour. Contact hours may not include travel time, lunch or breaks.F. Credit may be granted for time spent in activities as an instructor, presenter, or supervisor, for up to one-half of the hours (5) of continuing education required.G. Responsibility for documenting the acceptability of the program and the verification of the hours claimed rests with the applicant. An applicant shall retain documentation for a period of 5 years after the completion of the program. Such documentation may consist of certificates of attendance, receipt of registration, or signature of facilitator provided the signature is accompanied by a parnphlet, program announcement, or brief summary of the program content. Those records are subject to inspection and verification by the Board upon request.H. Continuing education credits for embalmers may be obtained in any of the categories of essential issues to public protection listed above.I. The Board may set additional standards for continuing education at its discretion.Section 4.4 COMPLAINTS OF UNPROFESSIONAL CONDUCT The Board follows Office procedure for receiving, investigating and acting on complaints of unprofessional conduct. Copies of the procedure, complaint forms and more information about the complaint process may be obtained from the Office.
Part 5 PROFESSIONAL STANDARDSSection 5.1 PROFESSIONAL STANDARDS FOR FUNERAL DIRECTORS In addition to any other provisions of law, the following conduct by a licensee violates professional standards and constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action.
1. Allowing an unlicensed person to practice funeral directing except for directly supervised trainees allowed by Rule 3. 3;2. Refusing to surrender custody of a dead human body or cremated remains to a person lawfully entitled to custody;3. Failing to pay, or cause to be paid, to the Board an amount under Rule 7.2 that is less than required by that rule;4. Soliciting or accepting a commission, bonus or rebate for disposing a dead human body to any crematory, mausoleum or cemetery;5. Violating any state law, municipal ordinance or regulation affecting the handling, custody, care, transportation or documentation relating to dead human bodies;6. Using any funeral merchandise previously used in whole or in part without the knowledge of the individual selecting or paying for the merchandise;7. Discriminating in services because of race, religion, national origin, age, gender, sexual preference, presence of an infectious disease, or disability;8. Soliciting business, or offering any inducement, in money or otherwise, for employing solicitors, agents, canvassers or others for the purpose of securing or attempting to secure business, regarding deceased persons or persons whose death is imminent;9. Using improper methods of seeking business, such as using donations, gifts, bonuses or acts of service designed to place the recipient in a position of obligation or indebtedness, or transfer or offer to transfer any property or service as payment for business secured, influenced or otherwise provided or promised. 10. Soliciting dead human bodies or allowing employees to do so;11. Transporting bodies in motor vehicles without shades on the sides or a rigid container or cover to prevent public view of the remains;12. Transporting a dead human body for interment or disposal before obtaining a permit for removal or burial as required by 18 V.S.A. § 5201;13. Storing dead human bodies anywhere other than in a preparation room or locked room, out of view.14. If inexpensive caskets are displayed, failing to display the inexpensive caskets in a manner that does not discourage or disparage purchase and that is equivalent to the display of any other caskets on display.15. Failing to make the consumer aware of, by picture catalogue or display book, in a manner which does not disparage or discourage the purchase of, the three least expensive caskets available from wholesalers doing business with the licensee.16. Failing to provide consumers, if the establishment sells caskets from a display book or catalogue, an opportunity to review the book or catalogue at home.Section 5.2 PROFESSIONAL STANDARDS FOR EMBALMERS In addition to any other provisions of law, the following conduct by a licensee violates professional standards and constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action.
1. Fraudulent or deceptive procurement or use of a license;2. Practicing the profession when medically or psychologically unfit to do so;3. Failing to comply with provisions of federal or state statutes, municipal ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;4. Using fraud or misrepresentation as an embalmer;5. Allowing an unlicensed person to practice embalming, except for directly supervised trainees as per 26 V.S.A. § 991(2);6. Preparing for burial or other disposition of a dead human body, without dignity and respect for the deceased person as well as for the privacy of the family;7. Storing unmarked receptacles containing embalming fluid or any poisonous or dangerous substance;8. Performing embalming, clean-up or disposal of blood and excretions of a dead human body without following the "Universal Precautions for the Prevention of HIV and HBV to Health Care and Public Safety Workers"; and9. Embalming in a case of sudden, accidental, or unexplained death, requiring notice to a medical examiner, before obtaining a release from the medical examiner or state's attorney.Section 5.3 PROFESSIONAL STANDARDS FOR REMOVAL PERSONNEL In addition to any other provisions of law, the following conduct by a registrant violates professional standards and constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a registration or other disciplinary action.
1. Failing to comply with provisions of federal or state statutes, municipal ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;2. Performing a removal of a dead human body, without dignity and respect for the deceased person as well as for the privacy of the family;3. Performing removals, clean-up or disposal of blood and excretions of a dead human body without following the "Universal Precautions for the Prevention of HIV and HBV to Health Care and Public Safety Workers";4. Refusing to surrender custody of a dead human body or cremated remains to a person lawfully entitled to custody;5. Transporting bodies in motor vehicles without shades on the sides or a rigid container or cover to prevent public view of the remains;6. Transporting a dead human body for interment or disposal before obtaining a permit for removal or burial as required by 18 V.S.A. § 5201; and7. Storing dead human bodies anywhere other than in a preparation room or locked room, out of view;Section 5.4 INCORPORATION OF FEDERAL TRADE COMMISSION RULES The requirements of the Federal Trade Commission (FTC) Rule, entitled "Funeral Industry Practices Revised Rule," in effect on July 19, 1994, are incorporated into these rules by reference. Although all requirements of the FTC are not outlined in these rules, licensed personnel under the Funeral Service statutes and rules are required to follow all FTC rules.
Sections of the general price list and all statements of funeral goods and services shall be numbered and follow the following format, except that statements of funeral goods and services need not contain items 17 and 18 below.
1. Basic services of funeral director and staff;3. Other preparation of the body;4. Additional services and facility fees;a. facilities and staff for viewing or visitationb. facilities and staff for private viewing by the familyc. facilities and staff for a memorial service in the funeral homed. facilities and staff for a funeral in the funeral homee. staff for a memorial service in a church or other facilityf. staff and equipment for a funeral in a church or other facilityg. staff and equipment for a graveside service5. Transfer of remains to funeral home;8. Outer burial containers;10. Clothing or other merchandise;11. Forwarding remains to another funeral firm;12. Receiving remains from another funeral home;15. Body donation to a medical school or facility;16. A statement that "Our basic service charge includes a $ 6.00 fee that will be sent to the State of Vermont and set aside for the protection of funeral service customers;"17. A statement that funds may be available for final disposition through the Vermont Department of PATH, general assistance program, for persons who qualify; and18. A disclosure at the bottom of the General Price List with the following wording "The funeral industry is governed by laws defining professional conduct. Consumers who have inquiries or wish to obtain a form to register a complaint may do so by calling 802-828-2367 or by writing the Secretary of State at 109 State Street, Montpelier, Vermont 05609-1106." A copy of the general price list required by this rule shall be submitted to the Office on request.
Part 6 PREPAID FUNERAL ARRANGEMENTS Section 6.1 PREPAID FUNERAL CONTRACTS; ESCROW ACCOUNTSA. A funeral director who sells a prepaid funeral shall prepare a written contract consistent with 26 V.S.A. §§ 1271-1275 and these rules. The contract may take the form of a trust account, insurance policy or annuity. The following contract elements are required and should be included in the body of the contract or in attachments expressly incorporated in the contract by reference and attached to the contract at the time of execution by the purchaser: 1. disclosure of whether the contract is revocable or irrevocable;2. identity of the person expected to be responsible for making funeral arrangements;3. all standard provisions required by the Board by rule;4. signed and dated statement of goods and services;5. itemization of the funeral goods and services to be provided;6. a provision describing installment payments (unless payment is in a lump sum at the time of sale), and the provisions if payments are not made as agreed;7. the method for the buyer to exercise the right of transfer to another funeral director;8. explanation of the funeral director's duty to transfer the contract and assets to another funeral director upon insolvency, bankruptcy, or going out of business;10. the location of the escrow account;11. the identity of the escrow agent;12. the responsibility for filing tax returns;13. disclosure that the purchaser has until midnight of the third day after signing the contract to review and revoke the agreement;14. disclosure that if the purchaser has not received notice from the escrow agent that an escrow account has been established within 20 business days, the purchaser many cancel the contract at any time; and15. disclosure that in the event goods and services are substituted in a pre-need contract the next of kin or personal representative shall be notified.B. If the contract may be revoked, it must carry this language or its equivalent conspicuously: This contract may be revoked by you, the buyer. Simply notify [name of funeral director] in writing that you no longer want the prepaid funeral to be provided. The money you have paid, together with all interest or other earnings, will be refunded, less a transaction fee of $ ___ (not to exceed 5% of the total).
Reasonable limits on the right to revoke may be imposed, such as time limits. The limits shall be explained in the contract with the procedure for revocation.
C. If the contract may not be revoked, it must carry this language or its equivalent conspicuously: This contract may not be revoked by you, the buyer. When the funeral director has provided the funeral goods and services which are itemized in this contract, (he or she) is entitled to receive the full amount you have paid, together with all interest or other earnings which have accrued.
If the contract is subject to cancellation for a specific time period (for example, a three day cancellation period under 9 VSA § 2454) , the language above must be modified to make clear that the contract may be revoked until the end of the period, and not thereafter.
D. When the prepaid funeral arrangements are complete, the trustee will give a copy of the prepaid funeral contract and general price lists to the buyer or the buyer's personal representative.Section 6.2 ESCROW ACCOUNTS; APPOINTMENT OF ESCROW AGENTS A. A funeral director shall establish an escrow account and appoint an escrow agent for each prepaid funeral, or a single escrow agent for a pooled account. The account shall be one customarily maintained in a federally insured depository, insurance company or trust company chartered by the State of Vermont. The depository or company shall have proper authority to do business in Vermont. Notwithstanding any other provision of this rule, an insurance policy for funeral expenses only with an insurance company licensed to do business in Vermont may be considered an escrow account if it is established by the person contracting for the prepaid funeral and names the funeral director as beneficiary.B. Escrow accounts shall be established within ten business days of receipt of the first payment on each prepaid funeral. Each subsequent payment shall be deposited in the account within ten business days of receipt.C. An escrow account shall be one of the following: a time deposit, demand deposit, or certificate of deposit; bonds of the United States, its agencies, the State of Vermont, its agencies or municipalities, or bonds in which savings banks chartered by the State of Vermont may invest.Section 6.3 ESCROW AGENTS; QUALIFICATIONS A person, other than a federally insured depository, licensed insurance company or licensed attorney, shall apply for Board approval before serving as an escrow agent. Any person, including a local elected official, next of kin or the executor of a buyer's estate, may apply by demonstrating (1) independence from the funeral director selling the prepaid funeral or funerals involved, (2) absence of financial interest in the funeral industry, and (3) absence of conviction for any felony or any misdemeanor involving dishonesty or theft. When approved, the agent shall file a bond in an amount greater than the amount to be held in the escrow account, including interest or other earnings.
Section 6.4 DUTIES OF ESCROW AGENTSA. The escrow agent shall maintain the funds intact in the escrow account, as instructed by the trustee. The agent shall pay the funds as follows: 1. to the contracting funeral director upon presentation of a death certificate and affidavit that the contract has been performed, and a copy of the affidavit has been provided to the next of kin, as provided by 26 VSA § 1275(a); or2. to the next of kin or designee upon presentation of (a) a death certificate and affidavit from the funeral director who provided the funeral that the funeral has been performed or (b) a death certificate and an affidavit of the next of kin or personal representative stating that the initial contracting funeral director had failed to perform the contract promptly, and that a copy has been provided to the contracting funeral director. When the escrow agent pays the funds under this provision, the agent shall notify the initial contracting funeral director and next of kin or designee;B. The escrow agent may also transfer the funds to another allowable escrow account upon request of the trustee or may pay allowable costs when directed and certified by the trustee that the costs are allowable under Rules 6.5(C) and (D).C. When a contract is revoked according to its terms, the escrow agent shall pay the money and transaction fee provided in the contract to the funeral provider, and shall pay the balance in the account to the purchaser.Section 6.5 DUTIES OF TRUSTEES A. Unless the prepaid funeral contract specifically provides otherwise, the funeral director shall be the trustee of the account. The contract may provide that the buyer is the trustee or co-trustee of the account, and responsible for filing and paying tax returns. Only the funeral director, the buyer, or a trust company may be a trustee of the account.B. The trustee shall give a copy of the prepaid funeral contract to the escrow agent.C. The trustee shall obtain a taxpayer identification number for the trust, shall prepare and file income tax returns, and shall pay all reasonable bank fees and administrative costs charged against the account. Administrative costs may not exceed the lesser of two percent of the account, or one-half of the earnings for the previous year.D. The trustee may transfer funds from one allowable escrow account to another, when prudent and necessary to protect the funds, by notifying the escrow agent to make the transfer. The trustee may also change escrow agents. The trustee shall notify the buyer of each change of escrow account and escrow agent.E. The trustee shall instruct the escrow agent to provide the buyer in writing within 10 business days after the establishment of the escrow account the following: 1. location of escrow account3. type of escrow account establishedF. The contract may be revoked and no administrative fees shall be charged to the buyer if the information is not provided within 20 business days from the day of purchase.G. For revocable trusts, the trustee or escrow agent shall provide annually to the buyer or his or her personal representative, in writing, the following information concerning all escrow accounts:2. ending balance for the year4. debits and credits charged to account for the yearH. For irrevocable trusts, the trustee or escrow agent shall provide, upon request of the buyer or his or her personal representative, in writing, the following information concerning all escrow accounts:2. ending balance for the year4. debits and credits charged to account for the yearSection 6.6 INSURANCE CONTRACTS; ANNUITIES Licensed funeral directors may sell insurance policies or annuities to fund prepaid funeral services, provided the funeral director complies with all state and federal regulations regarding insurance as set forth by the Commissioner of the Department of Banking, Insurance Securities and Health Care Administration.
Section 6.7 RECORDSA. A funeral director shall maintain the following records relating to each sale of a prepaid funeral: 1. a copy of all contracts;2. a record of all payments received, and charges made against the account;3. a copy of the death certificate and affidavit of performance, and, if applicable, the affidavit of the next of kin or personal representative;4. a copy of each tax return filed by the funeral director, and5. copies of all correspondence to the buyer or the buyer's designee regarding the status of the escrow account.B. These records shall be retained for seven years following termination or performance of the contract, and shall be available for inspection and copying, during normal business hours, at the Board's request. The funeral director may delegate the performance of duties and maintenance of records to agents but remains responsible for compliance with these rules.