Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 21. Funeral Directors And Embalmers

Title 32 - §1400. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1400. Definitions

When used in this chapter, unless the context otherwise requires, the following words shall have the following meanings: [1967, c. 253, §1 (new).]

1. Advertisement. "Advertisement" means the publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated or placed before the public any announcement or statement in a newspaper, magazine or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or over any radio or television station. [1967, c. 253, §1 (new).]

1-A. Board. "Board" means the State Board of Funeral Service. [1983, c. 468, §3 (new).]

2. Burial. "Burial" includes interment in any form or cremation and the transportation of the human remains necessary therefor. [1967, c. 253, §1 (new); 1997, c. 210, §40 (amd).]

2-A. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1989, c. 450, §12 (amd).]

3. Funeral establishment. "Funeral establishment" means every place or premises devoted to or used in the care and preparation for the funeral and burial of human remains or maintained for the convenience of the bereaved for viewing or other services in connection with the human remains or as the office or place for carrying on the profession of funeral service. [2001, c. 169, §1 (amd).]

4. Funeral service profession. "Funeral service profession" means the aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as an organized, purposeful, time limited, flexible, group centered response to death. [1967, c. 253, §1 (new).]

5. Practice of funeral service. "Practice of funeral service" means the engagement of a person in the care or disposition of the human remains or in the practice of disinfecting and preparing by embalming or otherwise the human remains for the funeral service, transportation of human remains to the place of burial or cremation, or the practice of helping to meet the emotions and disposition of the bereaved or the practice of funeral directing or embalming as presently known, whether under these titles or designations or otherwise. "Practice of funeral service" also means making arrangements for funeral services or selling funeral supplies to the public or making financial arrangements for the rendering of such services or the sale of such supplies. "Practice of funeral service" does not mean the ownership or operation of a cemetery, crematorium, mausoleum or columbarium or any other facility used for burial of human remains. "Practice of funeral service" does not include the transportation of human remains by an authorized person. A license for the practice of funeral service as used in this chapter is the license given to a person who is engaged in the practice of funeral service as above defined. [2001, c. 169, §2 (amd).]

6. Practitioner trainee. "Practitioner trainee" means a person who is engaged in preparing to become licensed for the practice of funeral service under the personal supervision and instruction of a person duly licensed for the practice of funeral service, and who is duly registered as such and approved by the board. [1983, c. 468, §4 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1401. Prearranged funerals or burial plans

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1401. Prearranged funerals or burial plans

1. Plan requirements. Except as provided in subsection 1-A, any prearranged funeral or burial plan contracted or undertaken within this State must comply with the following.

A. All money paid during a person's lifetime to any individual, firm, association, partnership or corporation, by that person or by someone on behalf of that person, under an agreement that services will be performed or personal property will be delivered in connection with the disposition of that person's body after death must be deposited by the payee within 10 days after receipt of the money in a separate account in a financial institution or credit union authorized to do business in this State, as defined in Title 9-B, section 131, subsections 12-A and 17-A, in the name of the payee as mortuary trustee for the person for whose benefit the payment was made and must be held in that account together with interest if any. If money is paid by check, share draft or money order, the payee shall instruct the payor to make the instrument payable to the financial institution or credit union into which it is to be deposited and to include on the instrument the name of the mortuary trustee and the person for whose benefit the payment was made. [1999, c. 590, §1 (amd).]

B. The payee shall deposit the money in either a federally insured deposit or share account or a trust account; the type of account must be disclosed to the payor or the payor's representative and a deposit in a trust account may be invested in or used to purchase only the following:

(1) Federally insured deposit or share accounts;

(2) Securities issued, insured or guaranteed by the United States or by any agency or corporate or other instrumentality of the United States;

(3) Municipal securities that are exempt from registration under Title 32, section 16201, subsection 1; and

(4) Permanent life insurance, other than variable life insurance and annuities, from an insurer authorized to transact insurance in this State, subject to the provisions of Title 24-A, chapter 27. A payee or mortuary trustee may not receive any commission, fee or other consideration from an insurer in connection with the procurement or purchase of insurance permitted by this subparagraph.

Except for fees allowed by this section, all investments made with trust assets remain trust assets. [2005, c. 65, Pt. C, §16 (amd).]

C. Within 30 days after the deposit of funds by the payee, the financial institution or credit union shall provide a written confirmation of the deposit, including the amount deposited, to the payor or the payor's legal representative. Nothing in this section may be construed to prevent the direct transfer of these funds to another financial institution or credit union by payee transfer, by financial institution or credit union merger or consolidation or by operation of law, provided that within 30 days after the direct transfer of the funds, the recipient financial institution or credit union shall provide a written confirmation of the deposit, including the amount deposited, to the payor or the payor's legal representative. [1999, c. 590, §1 (amd).]

D. The agreement must be in writing and a copy must be furnished to the payor or the payor's legal representative by the payee when the agreement is executed. The agreement may be revocable or irrevocable; however, if irrevocable, there must be a provision to allow for the transfer of the account by the appointment of successor trustees. The agreement must clearly state the name of the initial financial institution or credit union into which the money will be deposited and must direct the payor to send a copy of the agreement to the named financial institution or credit union. The agreement must clearly state terms providing for disposition of excess funds after funeral goods and services have been provided. The agreement must clearly state any fees that may be charged against the account; fees must be reasonable, as defined by the board, and may be charged only:

(1) Upon transfer of the account by the appointment of a successor trustee;

(2) Upon revocation of the agreement if the agreement is revokable; and

(3) For the actual financial and tax administration of the account.

The payee shall maintain a complete record of the deposit of all funds, including principal and interest. The record must be available for inspection by the payor, the payor's legal representative, the commissioner's designee or an inspector for the board and must contain the name and address of the financial institution or credit union currently in possession of the funds and the dates and amounts of deposits. [1999, c. 590, §1 (amd).]

E. The funds may be directed by the payee to another financial institution or credit union or directed back to the payor or the payor's legal representative, if otherwise lawful and permitted by contract, on written instructions of the payor or the payor's legal representative. The funds may only be withdrawn by the payee on presentation of a certified copy of the death certificate of the person for whose benefit the funds were paid, in which event they must be used in accordance with the agreement. [1999, c. 590, §1 (amd).]

[2005, c. 65, Pt. C, §16 (amd).]

1-A. Plan funded with proceeds of life insurance policy. A prearranged funeral or burial plan agreement may be funded with proceeds of a life insurance policy in accordance with this subsection.

A. During a person's lifetime, a person or that person's legal representative may enter into an agreement that services will be performed or personal property will be delivered in connection with the disposition of that person's body after death by:

(1) Assigning the mortuary trustee as owner and beneficiary of a life insurance policy payable to the mortuary trustee upon that person's death; or

(2) Designating the mortuary trustee as a beneficiary of a life insurance policy payable to the mortuary trustee upon that person's death.
[2003, c. 109, §3 (new).]

B. An agreement under paragraph A must be in writing and a copy must be furnished to the person or the person's legal representative by the mortuary trustee when the agreement is executed. The agreement may be revocable or irrevocable; however, if the agreement is irrevocable, there must be a provision to allow for the transfer of the trust account by the appointment of successor trustees. The agreement must clearly state terms providing for disposition of excess funds after funeral goods and services have been provided. The agreement must clearly state any fees that may be charged against the trust account. Fees must be reasonable, as defined by the board, and may be charged only:

(1) Upon transfer of a trust account by the appointment of a successor trustee;

(2) Upon revocation of the agreement if the agreement is revocable; and

(3) For the actual financial and tax administration of the trust account.
[2003, c. 109, §3 (new).]

C. The mortuary trustee shall maintain a complete record of a trust account established under this subsection. The record must be available for inspection by the person, the person's legal representative, the commissioner's designee or an inspector for the board. [2003, c. 109, §3 (new).]

This subsection may not be construed to alter the terms of a life insurance policy or supersede any law governing the regulation of life insurance policies. [2003, c. 109, §3 (new).]

2. Rulemaking. The board shall adopt rules regarding prearranged funeral agreements, including, but not limited to:

A. The form, format and content of trust agreements; [1999, c. 258, §2 (new); §3 (aff).]

B. Standards regarding when service contracts are required in conjunction with trust agreements and the form, format and content of the service contracts; [1999, c. 258, §2 (new); §3 (aff).]

C. The establishment of reasonable fees that may be charged only pursuant to subsection 1, paragraph D; and [1999, c. 258, §2 (new); §3 (aff).]

D. Inspection of trust agreements, account information and any related documentation. [1999, c. 258, §2 (new); §3 (aff).]

Rules adopted pursuant to this section are routine technical rules under the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A. [1999, c. 258, §2 (new); §3 (aff).]

3. Financial institution or credit union liability. The financial institution or credit union is discharged from liability for direct payment of the funds in an account under subsection 1 to another financial institution or credit union or to the payor, upon presentation of a written consent to withdrawal signed by the payor or the payor's legal representative and by the payee or upon withdrawal of the funds by the payee upon presentation of a certified copy of the death certificate of the person for whose benefit the funds were paid. [1999, c. 590, §2 (amd).]

4. Applicability. This section does not apply to the sale of cemetery lots, crypts, niches, cemetery burial privileges, cemetery space or perpetual care. [1999, c. 258, §2 (new); §3 (aff).]

5. Cotrustees. This section may not be construed as prohibiting any person, including a payor, from serving as a mortuary cotrustee with the payee. [1999, c. 258, §2 (new); §3 (aff).]

6. Penalties. Any person who violates this section is guilty of a Class E crime. This section does not preclude prosecution or conviction under other applicable laws, including, but not limited to, disciplinary actions under this chapter. [1999, c. 258, §2 (new); §3 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1402. Solicitation of prearranged funerals and funeral business prohibited

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1402. Solicitation of prearranged funerals and funeral business prohibited

No funeral home, funeral establishment or person holding a license under this chapter shall as, or through, an agent or principal solicit a prearranged funeral service or plan for any person or persons. "Prearranged funeral service or plan" shall mean any funeral service or plan which is arranged, planned or determined prior to the demise of a person or persons for whom the funeral service is to be performed. Funeral homes, funeral establishments and licensees under this chapter may enter into contracts or agreements for prearranged funeral services or plans provided that they do not in any manner either as, or through, principals or agents solicit such contract or agreement. div>
No funeral home, funeral establishment or person licensed under this chapter shall pay or cause to be paid, directly or indirectly, any money or other thing of value to a person not responsible for payment for the funeral as a commission or gratuity for the securing of business for such funeral home, establishment or licensee. div>
Any person who violates this section is guilty of a Class E crime. [1983, c. 413, § 55 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1403. Employment of funeral directors, embalmers or practitioners of funeral services by cemeteries prohibited

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1403. Employment of funeral directors, embalmers or practitioners of funeral services by cemeteries prohibited

No funeral home, funeral establishment or person holding a license under this chapter may be employed as a funeral home, funeral establishment, or as an embalmer or funeral director or practitioner of funeral services by a cemetery, cemetery association or cemetery corporation, nor shall such person be so employed by a funeral home, funeral establishment or mortuary establishment which owns or controls or is owned or controlled by a cemetery, cemetery association or cemetery corporation. Control shall not be considered to exist because the owners, officers or employees of a funeral home, funeral establishment or mortuary establishment serve without pay or for a fee not exceeding $500 per year per person as officers or as the minority of the directors or trustees of a cemetery association or cemetery corporation in which they have no financial investment. This section does not prevent employment of persons licensed under this chapter by cemeteries, cemetery associations or cemetery corporations in other capacities than that of funeral director or embalmer or practitioner of funeral services. This section does not apply to disinterments or transfers of disinterred bodies. [1989, c. 450, §14 (amd).] div>
Any person who violates this section is guilty of a Class E crime. [1983, c. 413, §56 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1404-A. No embalming when autopsy authorized

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1404-A. No embalming when autopsy authorized

The next of kin or legal representative of a person who has died may authorize an autopsy. If an autopsy is authorized, no person shall inject into or remove from any artery, vein, or cavity of the body of the person who has died any fluid, gas or other substance except by or with the permission of a pathologist, medical examiner or licensed physician in attendance. [1975, c. 677 (new).] div>
On completion of the autopsy, the body shall be released for normal handling. [1975, c. 677 (new).] div>
The provisions of this section do not apply to deaths within the jurisdiction of medical examiners or autopsies as authorized in Title 22, chapter 711. [1975, c. 677 (new).] div>
A violation of this section is a Class E crime. [1975, c. 677 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1404. Medical examiner case; no embalming until release

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1404. Medical examiner case; no embalming until release

When a person has died under circumstances which constitute a medical examiner case as defined in Title 22, section 3025, no person may inject into any cavity or artery of the body any fluid or substance, or submerge the body in or place, pour or spray on the body any preservative, deodorant, insecticide, cosmetic or other chemical until a legal certificate as to the cause of death has been obtained from the medical examiner, or until permission to do so has been given by the medical examiner. [1985, c. 611, § 10 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1405-A. Disposition of cremains

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1405-A. Disposition of cremains

A funeral director or a practitioner of funeral services who receives cremains or has received cremains prior to the effective date of this section may dispose of those cremains in accordance with Title 13, section 1032, providing the following conditions have been met: [2001, c. 611, §1 (new).]

1. Cremains not claimed for 4 years. The cremains have not been claimed after a time period of at least 4 years from the time of cremation; and [2001, c. 611, §1 (new).]

2. Notice. The funeral director or practitioner of funeral services has sent notice by certified mail, return receipt requested, to the last known address of the person who authorized the cremation at least 60 days prior to disposal. [2001, c. 611, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1405. Cremation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1405. Cremation

Any person, firm or corporation within the State, with the approval of the Department of Health and Human Services may establish and maintain suitable buildings and appliances for the cremation of bodies of the dead and, subject to the regulations of the department, may cremate such bodies and dispose of the ashes of the same. [2003, c. 689, Pt. B, §6 (rev).] div>
The body of a deceased person shall not be cremated within 48 hours after his decease unless he died of a contagious or infectious disease and in no event shall the body of a deceased person be cremated, buried at sea, used by medical science or removed from the State until the person, firm or corporation in charge of the disposition has received a certificate from a duly appointed medical examiner that he has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning the same is necessary. This certificate, a certified copy of the death certificate and a burial transit permit when presented by the authorized person as defined in Title 22, section 2846, shall be sufficient authority for cremation, burial at sea, use by medical science or removal from the State and the person, firm or corporation in charge of the disposition shall not refuse to cremate or otherwise dispose of the body solely because these documents are presented by such an authorized person. The certificate shall be retained by the person, firm or corporation in charge of the cremation or disposition for a period of 15 years. For the certificate, the medical examiner shall receive a fee of $15 payable by the person requesting same. [1985, c. 611, §11 (amd).] div>
No human remains shall be removed, transported or shipped to any crematory unless encased in a casket or other suitable container. [1997, c. 210, §40 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1406. Grave markers

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1406. Grave markers

Any funeral establishment or person licensed under this chapter, when selling a grave marker to a consumer before the completion of the funeral of the person whose grave is to be marked, shall adhere to the sale requirements for funeral goods and services set forth in the Federal Trade Commission's Funeral Industry Practices Rule, 16 Code of Federal Regulations, Part 453. Violation of this section is an unfair trade practice in violation of Title 5, section 207. [1989, c. 391 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1407. Disclosure of funeral establishment ownership; rental caskets

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 1: GENERAL PROVISIONS

§1407. Disclosure of funeral establishment ownership; rental caskets

1. Ownership information. A funeral establishment shall disclose the name and address of each person holding an ownership interest in the funeral establishment on each contract or agreement for provision of funeral services or supplies and on any document required by federal law. [1999, c. 282, §1 (new).]

2. Rental caskets. A funeral establishment shall disclose on its general price list and casket price list either that the funeral establishment offers rental caskets and the cost of rental or that the funeral establishment does not offer rental caskets. [1999, c. 282, §1 (new).]

3. Federal Trade Commission regulations. The disclosures required under this section supplement the disclosures required by the Federal Trade Commission pursuant to its regulations governing the funeral industry. [1999, c. 282, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1451-A. Hearings

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1451-A. Hearings

Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. [1983, c. 413, § 58 (new).] div>
The board shall not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons for the denial and his right to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1983, c. 413, § 58 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1451. Board; powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1451. Board; powers and duties

The State Board of Funeral Service, as established by Title 5, section 12004-A, subsection 18, and in this chapter called the "board," consists of 8 members, 5 of whom must be persons licensed for the practice of funeral service for 10 consecutive years or who have had 10 consecutive years' experience as a practitioner of funeral service in this State immediately preceding their appointment and 3 of whom must be representatives of the public. Members are appointed by the Governor for a term of 4 years. A national organization of retired persons may submit a list of applicants to the Governor for use in the selection process of one of the members representing the public. Appointments of members must comply with section 60. A board member may be removed by the Governor for cause. [1999, c. 91, §1 (amd); §2 (aff).] div>
The board may adopt rules consistent with law governing the practice of funeral service, including but not limited to licensing or registration, or both, of practitioner trainees, practitioners of funeral service, funeral directors, embalmers, funeral attendants, funeral home establishments and branches. These rules do not become effective unless adopted in conformity with Title 5, chapter 375, subchapter II. [2001, c. 169, §3 (amd).] div>
The board shall meet at least once a year to conduct its business and elect its officers. Additional meetings shall be held as necessary to conduct the business of the board, and may be convened at the call of the chairman or a majority of the board members. Five members of the board shall constitute a quorum for all purposes. [1983, c. 413, §57 (rpr).] div>
The board shall keep a record of all proceedings, issue all notices, certificates of registration and licenses and may cause inspections to be made of all establishments or places of business of any person engaged in the profession of funeral service in the State, which may include the investigation of complaints or suspected violation of this chapter and the rules adopted by the board. The inspection may also be for the purpose of determining that these establishments and places are maintained in a clean and sanitary manner and that suitable equipment for their proper conduct is maintained and that the laws and the rules of the board relating to the conduct of these establishments are observed. The inspection may include a review of the financial records to determine compliance with the laws and rules of the board governing prearranged funeral services or plans. The inspection may be made by members of the board upon authorization by the board or by professional technical staff. [2001, c. 505, §1 (amd).] div>
The board may enter into reciprocal agreements with corresponding boards of other states for the purpose of allowing the practitioners of funeral services to perform their licensed functions in this or other states under such terms and conditions as the boards may prescribe. [1983, c. 413, §57 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1452-A. Liaison; limitations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1452-A. Liaison; limitations

The commissioner shall act as a liaison between the board and the Governor. [1977, c. 604, § 16 (new).] div>
The commissioner shall not have the authority to exercise or interfere with the exercise of discretionary, regulatory or licensing authority granted by statute to the board. [1977, c. 604, § 16 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1452-B. Budget (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1452-B. Budget (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1452. Records and reports

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1452. Records and reports

The board shall keep a record containing the names and residences of all persons licensed and a record of all moneys received and disbursed by the board, and the records, or duplicates thereof, shall always be open to inspection in the office of the board during regular office hours. The board shall report to the department, on or before the first day of May in each year, a full and complete account of all of its official acts during the year, together with a statement of its receipts and disbursements and such comment as may be deemed proper. [1983, c. 553, § 31 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1453. Application of moneys collected (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1453. Application of moneys collected (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1454. Lists for transportation companies (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1454. Lists for transportation companies (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1455-A. Investigations; refusal of license or renewal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1455-A. Investigations; refusal of license or renewal

The board shall investigate or cause to be investigate all complaints made to it and all cases of noncompliance with or violation of this chapter by licensees. The board may suspend or revoke a license pursuant to Title 5, section 10004. [1983, c. 413, §60 (new).] div>
The board may refuse to issue or to renew any license, may suspend any license for up to 90 days and may assess a $1,500 fine for each violation of this chapter. The District Court may revoke, suspend or refuse to renew a license issued under this chapter for any of the following reasons: [1989, c. 450, §18 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

1. Criminal conviction. Subject to the limitations of Title 5, chapter 341, conviction of a crime which involves dishonesty or false statement or which relates directly to the practice of funeral service, or conviction of any crime for which incarceration for one year or more may be imposed; [1983, c. 413, §60 (new).]

2. Unprofessional conduct. Unprofessional conduct which is defined to include:

A. Misrepresentation or fraud in obtaining a license or in the conduct of the funeral service profession; [1983, c. 413, §60 (new).]

B. False or misleading advertising as practitioner of funeral service, funeral director or embalmer; advertising or using the name of a person in connection with that of any funeral establishment who is not licensed as a practitioner of funeral service, funeral director or embalmer; [1983, c. 413, §60 (new).]

C. Solicitation of human remains by the licensee, his agents, assistants or employees, whether that solicitation occurs after death or while death is impending. This shall not be deemed to prohibit general advertising; [1983, c. 413, §60 (new); 1997, c. 210, §40 (amd).]

D. Employment by the licensee of persons known as "cappers," "steerers," "solicitors" or other such persons to obtain the services of a licensee or one engaged in the practice of funeral service; [1983, c. 413, §60 (new).]

E. Employment, directly or indirectly, of a practitioner trainee, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral establishment; [1989, c. 450, §19 (amd); 1997, c. 210, §40 (amd).]

F. The direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants or employees for the purpose of securing business; [1983, c. 413, §60 (new).]

G. Aiding or abetting an unlicensed person to practice within the funeral service profession; [1983, c. 413, §60 (new).]

H. Solicitation or acceptance by a licensee of any commission, bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery; [1983, c. 413, §60 (new); 1997, c. 210, §40 (amd).]

I. Refusing to promptly surrender the custody of human remains, upon the express order of the person lawfully entitled to the custody thereof; [1983, c. 413, §60 (new); 1997, c. 210, §40 (amd).]

J. Negligent, careless or willful noncompliance with the laws relating to filing death certificates and obtaining burial permits; [1983, c. 413, §60 (new).]

K. Gross incompetency, negligence or misconduct in carrying on the business or profession of funeral service; [1989, c. 450, §19 (amd).]

L. Abuse or disrespect in the handling of human remains, violation of any law or ordinance affecting the handling, custody, care or transportation of human remains; or [1983, c. 413, §60 (new); 1997, c. 210, §40 (amd).]

M. Any violation of this chapter or any rule of the board; or [1989, c. 450, §20 (new).]

[1989, c. 450, §§19, 20 (amd).]

3. Violations. Any violation of this chapter or any rule adopted by the board. [1983, c. 413, §60 (new).]
div>
Whoever violates any provision of this chapter or any rule prescribed by the board for the preparation, embalming, transportation or burial of any human remains is guilty of a Class E crime. The District Court shall have original and concurrent jurisdiction with the Superior Court in all prosecutions under this chapter. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1989, c. 450, §21 (amd); 1997, c. 210, §40 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1455. Investigations; refusal of license or renewal (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 2: BOARD OF FUNERAL SERVICES

§1455. Investigations; refusal of license or renewal (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1501-A. Prior licensees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1501-A. Prior licensees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1501. Licenses; qualifications; requirements

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1501. Licenses; qualifications; requirements

The State Board of Funeral Service may determine the qualifications necessary to enable any person to lawfully engage in the funeral service profession and operate a funeral establishment. The board shall examine all applicants for licenses for the practice of funeral service and shall issue a license to all persons who successfully pass that examination. To be licensed for the practice of funeral service under this chapter, a person must be at least 18 years of age, a resident of this State, have successfully completed a prescribed course at a school or schools approved by the State Board of Funeral Service and must have served as a practitioner trainee for not less than 12 months under the personal supervision of a person licensed for the practice of funeral service and approved by the board. Each applicant shall demonstrate trustworthiness and competency to engage in the profession of funeral service in such a manner as to safeguard the interests of the public. [1989, c. 450, §22 (amd).] div>
Each applicant for license or registration as a practitioner of funeral service, funeral director or embalmer shall be examined on the courses as outlined in the board's rules. [1989, c. 450, §22 (new).] div>
All funeral establishments and branches must be operated by a person or persons holding a funeral director's license, which was initially issued before January 1, 1989, or a practitioner of funeral service license. That license must be displayed at or in any such establishment or branch. [1989, c. 450, §22 (new).] div>
A funeral establishment, in which the preparation of dead bodies takes place, must contain a preparation room equipped with tile, cement or composition floor, necessary drainage or proper disposal of waste satisfactory to the local health officer, ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial, transportation or other disposition. [1989, c. 450, §22 (amd).] div>
The board may adopt such rules and classifications as may be reasonable, sufficient and proper to define what shall be deemed the proper drainage and ventilation and what instruments are necessary and suitable in a funeral establishment. [1989, c. 450, §22 (amd).] div>
The board may adopt rules governing its own procedure. It may adopt rules consistent with the law governing the time, place, method and grading of examinations. Written examinations shall be retained for a period of 5 years, but need not be retained for a longer period. The board may waive all or part of the licensing requirements and qualifications of this chapter if in its judgment these requirements and qualifications are in conflict with the religious faith of an applicant. [1989, c. 450, §22 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1502. Examinations; revocation of licenses (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1502. Examinations; revocation of licenses (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1503-A. Practitioner trainee

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1503-A. Practitioner trainee

In order for any person to receive credit for time served as a practitioner trainee, that person shall have served 2,000 hours of employment with a funeral establishment approved by the State Board of Funeral Service under the instruction and supervision of a person licensed for the practice of funeral service and actively engaged in that practice, and must register as a practitioner trainee with the board on a form supplied by the board. Upon terminating employment, the practitioner trainee shall notify the board immediately, giving the date of termination. The practitioner trainee must repeat this procedure with all subsequent employers accurately showing the dates of beginning and of terminating apprenticeship employment. Before a funeral service license will be issued, the practitioner trainee must file with the board a certification of the trainee time served, signed by the practitioner trainee's employer or employers, before a notary public. Practitioner trainee requirements shall be satisfied in the case of an applicant who presents proof of present licensure in another state at the time application is made for license in this State. [1989, c. 450, §23 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1503. Blanks and forms of procedure; lists of licensees and examinations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1503. Blanks and forms of procedure; lists of licensees and examinations

The board may adopt such blanks and forms of procedure as it may deem necessary to carry out this chapter and shall keep on file a list of all persons licensed in the practice of funeral service and a record of examinations, together with the examination papers, all of which shall be open to public inspection. [1983, c. 553, § 33 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1504. Fees; expiration and renewal of licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1504. Fees; expiration and renewal of licenses

The Director of the Office of Licensing and Registration may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [1999, c. 685, §1 (amd).]

1. License renewal. All licenses and certificates of registration that are issued by the board expire February 1st annually or such other time as the Commissioner of Professional and Financial Regulation may designate. Any person holding a license or registration under this law may have the license renewed by making and filing an application with the board, within 30 days preceding the expiration of that license or certificate of registration, upon blanks prescribed by the board and upon payment of the established renewal fee.

A. [1999, c. 685, §1 (rp).]

B. [1999, c. 685, §1 (rp).]

C. [1999, c. 685, §1 (rp).]

D. [1999, c. 685, §1 (rp).]

E. [1999, c. 685, §1 (rp).]

F. [1999, c. 685, §1 (rp).]

[1999, c. 685, §1 (amd).]

2. Late renewal. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of the expiration. [1999, c. 685, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1505. Notice to holders of expiring licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1505. Notice to holders of expiring licenses

The board shall, at least 40 days prior to the expiration of any license, mail to the holder of any license about to expire a notice advising him or her to that effect, and enclosing a blank application for renewal thereof. The board shall mail a notice to each holder of a license that has not been renewed, advising him or her of the expiration of his or her license and of the penalty for embalming, caring for or preparing for burial, transportation or cremation of dead human bodies without holding a license, and the conditions and terms upon which his or her license may be revived and renewed. All notices required to be mailed by this section shall be directed to the last known post-office address of the person to whom the notice is addressed. [1983, c. 553 § 35 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1506. Educational requirements

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1506. Educational requirements

1. Applicability. This section applies to all persons licensed for the practice of funeral service in accordance with section 1501. [1991, c. 117, §1 (new).]

2. Requirements. As a prerequisite to renewal on or after January 1, 1993 of any license subject to this subchapter, licensees must complete 12 hours of continuing education within 2 years prior to the date of renewal in programs or courses approved by the board. The board may, for good cause shown, grant an extension of time to any person to allow that person to comply with this subchapter. [1991, c. 117, §1 (new).]

3. Program approval. Each application for approval of a continuing education program must be submitted according to the guidelines prescribed by the board. The board may establish by rule criteria for the review and approval of courses and for the determination of the number of continuing education hours to be credited for completion of each course or program. [1991, c. 117, §1 (new).]

4. Penalties. The license for the practice of funeral service of any person who fails to comply with this section may not be renewed and terminates upon the next expiration date. [1991, c. 117, §1 (new).]

5. Rulemaking authority. The board may establish by rule reasonable procedures and standards to fulfill the purposes of this section. [1991, c. 117, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §1507. Inactive status

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 21: FUNERAL DIRECTORS AND EMBALMERS
Subchapter 3: LICENSES

§1507. Inactive status

A licensee who is no longer actively practicing funeral service may surrender the licensee's active license to the State Board of Funeral Service and request inactive license status. The holder of an inactive status license may not practice funeral service in the State. The board may place the licensee on inactive status only upon proper application and the submission of appropriate fees by the licensee. The holder of an inactive status license is required to renew the license annually but is not required to meet the continuing education requirement required by this chapter and the rules adopted under it. [1997, c. 210, §6 (amd).] div>
A holder of an inactive license who wishes to reinstate that holder's active license must comply with the continuing education requirement and fees provided in this chapter and the rules adopted under it. [1993, c. 404, Pt. A, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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