50 N.J.R. 2122(a)

VOLUME 50, ISSUE 20, OCTOBER 15, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 2122(a)
NJ - New Jersey Register  >  2018  >  OCTOBER  >  OCTOBER 15, 2018  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
Agency

LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF MORTUARY SCIENCE

Administrative Code Citation

Proposed Readoption with Amendments: N.J.A.C. 13:36

Proposed Repeal and New Rule: N.J.A.C. 13:36-4.1

Proposed New Rules: N.J.A.C. 13:36-2.13, 4.1A, 4.1B, 4.6A, and 4.17

Proposed Repeals: N.J.A.C. 13:36-4.14 and 10.11
Text

Board of Mortuary Science Rules
Authorized By: State Board of Mortuary Science, Quin Archer, Executive Director.
Authority: N.J.S.A. 45:1-15.1 and 45:7-32 et seq.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2018-093.
Submit written comments by December 14, 2018, to:
   Quin Archer, Executive Director
   Board of Mortuary Science
   124 Halsey Street
   PO Box 45009
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary
The State Board of Mortuary Science (Board) is proposing to readopt N.J.A.C. 13:36 with amendments, repeals, and new rules. The rules were scheduled to expire on November 14, 2018, pursuant to N.J.S.A. 52:14B-5.1. Because the Board filed this notice of proposal with the Office of Administrative Law prior to November 14, 2018, the expiration date of the rules in Chapter 36 is extended by 180 days to May 13, 2019, pursuant to N.J.S.A. 52:14B-5.1.c(2).

In compliance with Executive Order No. 66 (1978) and N.J.S.A. 52:14B-5.1, the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:36 to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption with amendments, repeals, and new rules are necessary, reasonable, understandable, and responsive to the purposes for which they were promulgated.

The following is a summary of the existing rules of Chapter 36 that the Board proposes to readopt with amendments and repeals, as well as a summary of the proposed new rules.

[page=2123] Subchapter 1 sets forth the rules governing the administration of the Board. N.J.A.C. 13:36-1.1, which establishes the official seal of the Board, 1.2, which contains definitions for relevant words and terms used throughout the chapter, 1.3, which establishes the schedule of Board meetings, and 1.4 and 1.5, which set forth the duties of the Executive Director of the Board and mortuary inspectors, respectively, are proposed for readoption without change. N.J.A.C. 13:36-1.6 delineates the fees and charges imposed by the Board. The Board proposes to delete N.J.A.C. 13:36-1.6(a)8, the cost for rules and regulations, because the rules and regulations are available for free on the Board's website. In addition, the Board proposes to remove the inactive paid license renewal fee because, as discussed below, there is no longer any distinction between the inactive paid and inactive unpaid status. N.J.A.C. 13:36-1.7 remains reserved.

N.J.A.C. 13:36-1.8 establishes funeral recordkeeping responsibilities. The Board proposes new subsection (d) to specify that the record retention requirements continue to exist even after a mortuary permanently closes or files for bankruptcy. In addition, proposed new subsection (d) requires the manager or owner of the mortuary to comply with the notification requirements proposed at new N.J.A.C. 13:36-5.14, informing the Board as to the contact information for the person responsible for maintaining the records.

The Board is proposing several amendments to N.J.A.C. 13:36-1.9, which requires licensees to complete a Statement of Funeral Goods and Services Selected (SFGSS) form and the example provided in the chapter appendix. N.J.A.C. 13:36-1.9 sets forth the format for the SFGSS that licensees are required to provide to consumers. The Board proposes amending the SFGSS to update it to better reflect current industry practices, to remove some items that are no longer routinely offered to customers, and to broaden some of the identified categories to encompass a wider variety of types of funeral services. The proposed amendments also provide licensees with the ability to tailor the SFGSS to include specific items that they offer to their customers.

The Board proposes to amend N.J.A.C. 13:36-1.9(a)1 to require practitioners to include on the SFGSS language that "This statement is subject to change by agreement of the parties." The Board believes this additional language will make it clear that consumers and licensees are permitted to discuss and agree to changes to the funeral goods and services previously selected.

Pursuant to existing N.J.A.C. 13:36-1.9(f), any change authorized by the purchaser must be reflected on the final bill. The Board proposes modifying the category of "Professional Services" to replace the item "Sanitary Care, Without Embalming" with "Other preparation of the body." This broader categorization includes a wider range of services, such as cosmetic work to prepare the deceased for viewing, and washing and disinfecting when that procedure is used instead of embalming. The Board also proposes to remove from the list of specified merchandise items: clothing, urn, prayer cards, acknowledgement cards, and register book because these items are no longer routinely offered or selected by consumers. Proposed amendments to N.J.A.C. 13:36-1.9(g) will allow practitioners to fill in items of goods or services that they offer and that are not specifically identified on the SFGSS.

Under "Cash Disbursements," the Board proposes re-ordering the items specified in this category, such that State permit and filing fees and certified copies of the death certificate appear first because these items are commonly ordered. The Board proposes to separately itemize the permit and filing fees from the copies of the death certificate, so that the applicable costs for these separate items are clear. The Board also proposes amending the SFGSS to make it clear to customers, the number of copies of the death certificate that will be ordered and the cost per copy. The Board also proposes adding a second line for this information because the per copy price changes after a threshold quantity of copies is ordered. The Board is also modifying the language regarding permit fees to encompass permit and filing fees from other states. The Board also proposes to remove "pallbearers" from the specified list of items because paid pallbearers are not frequently requested. This item, therefore, does not need to be pre-printed on the form and can be written in as necessary. In addition, the Board proposes amending "Newspaper Notices" to broaden it to "Obituary charges" to encompass the placement of both print and online obituary notices.

The Board also proposes amending "Package Reduction" to "Price Reduction" to clarify that the reduction in price may apply to both individual items and an entire package of items. In accordance, with this change, the Board proposes to amend the language in N.J.A.C. 13:36-1.9(d). A provision of existing N.J.A.C. 13:36-1.9(c) recognizes that the SFGSS may include optional packaged services that combine services otherwise enumerated separately on the statement. This provision states that if an optional package service is selected, other categories of services offered are not applicable. The Board is concerned that this statement can be misinterpreted as prohibiting licensees from providing other services in conjunction with optional packaged services. As such, combinations are not prohibited, the Board proposes to amend N.J.A.C. 13:36-1.9(c) to remove this possibly misleading statement and replace it with language directing the consumer to review the General Price List for a list of services included in the optional package. In accordance with this change, the Board proposes to amend the language in N.J.A.C. 13:36-1.9(d).

The Board is proposing to amend N.J.A.C. 13:36-1.9(g) to specifically allow practitioners to fill in items of goods or services that they offer and that are not specifically identified on the SFGSS. This additional language makes it clear that practitioners can tailor the SFGSS to fit their business needs and that they have the ability to add an offered good or service that the Board has not included. Because the Board believes that a consistent format is necessary to enforce a standard of practice, the proposed amendment also makes it clear that a licensee may not change the organization of the SFGSS. The Board currently provides, at N.J.A.C. 13:36-1.9(c), Category IV-Merchandise item #8 that items may be packaged for individual items less than $ 400.00 each. The Board believes that it is more appropriate to address this on the General Price List rather than the SFGSS. Therefore, the Board proposes removing from N.J.A.C. 13:36-1.9(c) and adding to N.J.A.C. 13:36-9.7 that, if offered, individual items worth less than $ 400.00 that are offered in a single package must be included in the General Price List. The Board also proposes to amend the "Statement of Funeral Goods and Services Selected" in the chapter appendix to reflect the specified changes above.

N.J.A.C. 13:36-1.10, which establishes guidelines for the operation, maintenance, and use of mortuaries by licensees for the benefit of the anatomical associations of State medical schools, is proposed to be readopted without change, except to correct the cross-reference for the Board's rule on public accommodations.

Subchapter 2 sets forth the rules applicable to mortuary science students completing their practical internship. N.J.A.C. 13:36-2.1, which delineates the qualifications for intern registration, is proposed for readoption without change.

N.J.A.C. 13:36-2.2 sets forth general information about the intern registration application. Currently, the prospective intern's preceptor must request in writing from the Board, an intern application. The Board believes that this requirement is no longer necessary and that the application should be readily available for any prospective intern to access on the Board's website. Accordingly, the Board proposes to amend the rule to eliminate this requirement and instead to specify that the application is obtainable from the Board. The Board also proposes to amend the rule to provide the Board's mailing and website address, and to amend the heading of the rule from "request for application" to "intern registration application." The Board also proposes to amend the rule to specify that the preceptor must meet the qualifications of N.J.A.C. 13:36-2.7.

N.J.A.C. 13:36-2.3, which provides that interns must assist in the embalming of at least 75 bodies and must participate in at least 75 funerals during the internship period, and N.J.A.C. 13:36-2.4, which requires an intern to carry an identification card issued by the Board, are proposed for readoption without change.

N.J.A.C. 13:36-2.5 requires interns to complete and file with the Board monthly reports on all embalmings in which they assisted and all the funerals they have attended. The Board proposes a grammatical amendment to N.J.A.C. 13:36-2.5(b) to pluralize "funeral." N.J.A.C. 13:36-2.6, which prohibits a licensee from granting credit to more than one student for the embalming of any one body, is proposed for readoption without change.

The Board proposes to amend the heading of N.J.A.C. 13:36-2.7, which sets forth the requirements to be a preceptor, to better reflect the [page=2124] purpose of the rule. The Board also proposes to reorganize the rule to list out the requirements in paragraphs (a)1 through 3. Proposed new paragraph (a)3 prohibits, absent Board-approval, a practitioner from engaging an intern if the practitioner, within five years of the engagement as preceptor, has been convicted of a crime or offense relating adversely to the practice of mortuary science or who has been the subject of disciplinary action.

The Board proposes a grammatical amendment to N.J.A.C. 13:36-2.8, which requires an intern to submit a letter to the Board if he or she will be absent from the internship for more than 30 days, to change "with" to "within."

The Board proposes to readopt without change N.J.A.C. 13:36-2.9, which requires a preceptor to request a notice of termination form from the Board whenever an internship is terminated, N.J.A.C. 13:36-2.10, which provides that an intern must return his or her identification card to the Board upon completion or termination of an internship, N.J.A.C. 13:36-2.11, which provides that a preceptor must file with the Board an affidavit recommendation form upon termination or completion of an internship, N.J.A.C. 13:36-2.12, which provides that no intern shall be allowed to continue his or her internship period for more than three years, N.J.A.C. 13:36-2.14, which sets forth the preceptor's internship responsibilities, and N.J.A.C. 13:36-2.15, which provides that the failure to file any reports required by the rules in Subchapter 2 will be deemed professional misconduct.

The Board proposes new N.J.A.C. 13:36-2.13 to set out the scope of practice for interns. Throughout N.J.A.C. 13:36, there are references to the tasks that an intern may perform under the direct supervision of a preceptor. For ease of reference, the Board proposes to set forth each of these tasks in one rule.

Subchapter 3 sets forth the rules applicable to examinations and candidate qualifications. N.J.A.C. 13:36-3.1 sets forth the qualifications for licensure. Consistent with other references to the fee schedule in the chapter, the Board proposes to amend the cross-reference to the fee schedule at paragraph (a)8 to refer generally to the fee schedule and not a specific line item. The Board also proposes to amend the reference to the Mortuary Jurisprudence examination at N.J.A.C. 13:36-3.1(a)6 to make it clear that although it is a Board examination, it is not administered by the Board. The Board, therefore, proposes to delete reference to "administered by the Board." The Board proposes to similarly amend N.J.A.C. 13:36-3.2(d), which concerns the application for the Mortuary Jurisprudence examination. The Board also proposes to amend N.J.A.C. 13:36-3.2(e) to eliminate reference to the Board providing candidates for licensure with a copy of pertinent Federal laws and regulations because the Board no longer provides this information. N.J.A.C. 13:36-3.3 and 3.4 remain reserved.

N.J.A.C. 13:36-3.5 concerns the grades that an applicant must obtain on the Mortuary Jurisprudence and National Board examinations. The Board proposes to delete paragraph (a)2, because the Board no longer gives a written examination. The Board also proposes to reference the Mortuary Jurisprudence examination as that of the Board's and to delete "given by the Board" because the Board no longer administers the examination. The Board proposes to readopt without change N.J.A.C. 13:36-3.6, which establishes examination review procedures, N.J.A.C. 13:36-3.7, which sets forth requirements for the practical examination, N.J.A.C. 13:36-3.8, concerning expiration of the Mortuary Jurisprudence and practical examination results, N.J.A.C. 13:36-3.9, which sets forth what occurs if a candidate for licensure fails to complete the application process, and N.J.A.C. 13:36-3.10, which concerns credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces.

Subchapter 4 concerns procedures for license and certificate of registration. To implement P.L. 2013, c. 182, which modifies the renewal, reinstatement, and reactivation requirements for professional or occupational licensees, the Board proposes to repeal existing N.J.A.C. 13:36-4.1, which sets forth requirements for biennial license and certificate of registration renewal and establishes requirements for reinstatement from a license suspension, and N.J.A.C. 13:36-4.14, which concerns the election of inactive licensure status, and replace these with new N.J.A.C. 13:36-4.1 (renewal), 4.1A (reactivation), and 4.1B (reinstatement).
Proposed new N.J.A.C. 13:36-4.1 relates to license and certificate of registration renewal and reinstatement. Because the provisions of P.L. 2013, c.182 apply to individual licensees and not businesses, the Board proposes to relocate the certificate of registration renewal and reinstatement requirements for mortuaries at proposed new N.J.A.C. 13:36-4.6A (discussed below). Proposed new N.J.A.C. 13:36-4.1(a) details the Board's responsibility for providing licensees with renewal notices. Proposed subsection (b) requires licensees to renew their license prior to license expiration. Proposed subsection (c) permits licensees to place their license on inactive status. Proposed subsection (d) establishes a 30-day grace period after the license has expired, during which time a licensee may still renew the license and continue to practice. Proposed subsection (e) mandates that any license not renewed by the end of the grace period will be administratively suspended. Proposed subsection (f) sets forth the consequences for continued practice after an individual's license has been administratively suspended.
Proposed new N.J.A.C. 13:36-4.1A relates to reactivation of an inactive license. Consistent with P.L. 2013, c. 182, the Board proposes to prorate the biennial renewal fee based upon the year of the biennial renewal period in which the renewal application is submitted. With respect to the continuing education required to reactivate an inactive license, if the applicant holds a valid, current license in good standing issued by another state to engage in the practice of mortuary science, the Board will accept proof of the applicant having satisfied that state's continuing education requirements. Otherwise, the applicant must satisfy the Board's continuing education requirements for the biennial period immediately prior to the renewal period for which activation is sought. Consistent with these changes to the continuing education requirements, as discussed below, the Board proposes to repeal N.J.A.C. 13:36-10.11, which sets forth the continuing education requirements to reinstate an administratively suspended or reactivate an inactive license. In addition, the Board proposes to eliminate the distinction between inactive paid and inactive paid status as set forth at existing N.J.A.C. 13:36-4.14 because there is no longer any distinction between the inactive paid and inactive unpaid status. The Board sends notices of renewal to all active and inactive licensees, regardless if they are paid or unpaid, and the Board no longer disseminates information by mail that would require an inactive licensee to pay for the privilege to receive such information.

Proposed N.J.A.C. 13:36-4.1A(a) lists the documentation that a licensee who has placed his or her license on inactive status must provide to the Board when applying for reactivation of his or her license. Proposed subsection (b) sets forth the criteria that the Board must consider when reviewing an application to determine practice deficiencies and grants the Board discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.

Proposed new N.J.A.C. 13:36-4.1B relates to reinstatement of a license that has been administratively suspended. Consistent with P.L. 2013, c. 182, the proposed new rule eliminates the differing standards for reinstating an administratively suspended license based upon the period the license was suspended. Instead, the Board will assess each application for reinstatement on a case-by-case basis. In addition, applicants seeking reinstatement will be required to pay the renewal fees for the current and one prior renewal period, instead of all past delinquent renewal fees. With respect to the continuing education required to reinstate an administratively suspended license, if the applicant holds a valid, current license in good standing issued by another state to engage in the practice of mortuary science, the Board will accept proof of the applicant having satisfied that state's continuing education requirements. Otherwise, as set forth in existing N.J.A.C. 13:36-10.11(a), which is proposed for repeal, instead of satisfying the continuing education requirements for a maximum of 25 credits, the applicant must satisfy the Board's continuing education requirements for the biennial period immediately prior to the renewal period for which reinstatement is sought. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Board in order to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Board must consider when reviewing an application to determine whether there are practice deficiencies and grants the Board [page=2125] discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.

N.J.A.C. 13:36-4.2, which currently requires a licensee to notify the Board of his or her address, N.J.A.C. 13:36-4.3, concerning legal name changes, N.J.A.C. 13:36-4.4, concerning the licensure of new mortuary establishments, N.J.A.C. 13:36-4.5, concerning changes in ownership, and N.J.A.C. 13:36-4.6, which currently sets forth the requirements for a corporation's application for registration of a funeral establishment, are proposed for readoption without change. As discussed above, the existing requirements for renewal and reinstatement of a certification of registration for a mortuary at existing N.J.A.C. 13:36-4.1 are proposed for relocation at proposed new N.J.A.C. 13:36-4.6A. N.J.A.C. 13:36-4.7, which sets forth what information must be included in a corporate applicant's charter, is proposed for readoption without change.

N.J.A.C. 13:36-4.8 provides that all establishments authorized to carry on the practice of mortuary science must operate under the direct supervision of a full-time licensed manager. The rule also establishes procedures that must be followed when the manager is terminated. The Board is proposing to amend the rule to make these procedures applicable also in the case of the death of the manager. The proposed amendments will help to ensure the effective operation of an establishment when a manager dies.

The Board proposes to readopt N.J.A.C. 13:36-4.9, which prohibits any unlicensed person from actively engaging in the actual funeral arrangements, preservation, or disposal of dead human bodies, without change. N.J.A.C. 13:36-4.10 remains reserved. N.J.A.C. 13:36-4.11, which sets forth the application requirements for a funeral establishment operated under a trade name, is proposed for readoption without change.

N.J.A.C. 13:36-4.12 imposes requirements for continued operation of a funeral establishment when the sole proprietor of the establishment dies. Subsection (b) provides that, upon request by the Board, the executor or administrator of the estate is to furnish to the Board a copy of the preneed ledger within 30 days of the owner's death. Consistent with N.J.A.C. 13:36-11.17(b)2, the Board proposes to amend this subsection to require the preneed ledger to be provided within 10 days of the owner's death.

N.J.A.C. 13:36-4.13, which concerns the use of a registered mortuary by a practitioner other than the owner of the establishment, is proposed for readoption without change. N.J.A.C. 13:36-4.14 concerning reactivation of an inactive license, is proposed for repeal (as discussed above). The Board proposes to readopt N.J.A.C. 13:36-4.15, concerning licensure by credentials, and 4.16, which concerns the responsibilities of licensees and mortuary establishment owners, without change.

Proposed new N.J.A.C. 13:36-4.17 requires licensees to notify the Board in writing within 30 days upon conviction of any crime or arrest, summons, indictment, admission into pre-trial intervention, or plea of guilty to any violation of law, ordinance, felony, misdemeanor, or disorderly persons offense in New Jersey or any other state, the District of Columbia, or any other jurisdiction. As part of the biennial renewal process, the Board requires licensees to disclose this information. The Board believes, however, that the licensee should promptly notify the Board within 30 days instead of waiting up to two years to be informed of such information. Having this information will allow the Board to determine whether any action is necessary to protect the welfare and safety of the public.

Subchapter 5 sets forth the rules governing the administration of registered mortuaries. The Board is proposing that N.J.A.C. 13:36-5.1 through 5.11 be readopted without change. N.J.A.C. 13:36-5.1 requires the disclosure of the manager's name. N.J.A.C. 13:36-5.2 concerns applications for specific locations and separate establishment facilities. N.J.A.C. 13:36-5.3 concerns transferability of registration certificates. N.J.A.C. 13:36-5.4 concerns the physical structure of the mortuary. N.J.A.C. 13:36-5.5 sets forth preparation room requirements. N.J.A.C. 13:36-5.6 delineates the equipment that must be maintained in a preparation or embalming room. N.J.A.C. 13:36-5.7 provides that all establishment owners and managers are responsible for ensuring that the potable water supply of the establishment is not open to contamination. N.J.A.C. 13:36-5.8 is reserved. N.J.A.C. 13:36-5.9 concerns multiple funeral establishments operating in the same location. N.J.A.C. 13:36-5.10 requires every funeral home, except a trade service, to display the establishment name near the main entrance. N.J.A.C. 13:36-5.11 concerns the use of a specific room for burial preparations.

N.J.A.C. 13:36-5.12 sets forth requirements regarding the advertising of professional services. The Board proposes to amend the definition of "advertisement" in subsection (a) to broaden it to include social media. In addition, the Board proposes to amend subsection (g), which prohibits advertisements from including the name of an unlicensed person without specifically including the phrase "unlicensed and not qualified to make funeral arrangements, embalm or conduct funerals." The Board proposes to add subparagraph (g)1i to make clear that this prohibition does not apply to a registered intern working under the direct supervision of a preceptor.

N.J.A.C. 13:36-5.13 remains reserved. N.J.A.C. 13:36-5.14 sets forth the rules that must be followed upon the permanent discontinuation of a funeral establishment. The Board proposes to amend N.J.A.C. 13:36-5.14 to specify that the obligations of the manager apply to the owner. In addition, the Board proposes to amend the rule to require the manager or owner to provide the Board with proof from the New Jersey Electronic Death Registration System (EDRS) confirming that the mortuary's account is closed and to notify the Board of the location of the mortuary's records and contact information for the person responsible for maintaining the mortuary records. N.J.A.C. 13:36-5.15, which prohibits a practitioner from allowing any unlicensed person to engage in the practice of mortuary science, and N.J.A.C. 13:36-5.16, which requires a manager to notify the Board of any absence from the funeral establishment that will last more than 30 days, are proposed for readoption without change.

N.J.A.C. 13:36-5.17 concerns the removal of human remains. The Board proposes to amend subsection (a) to add "legal" before "next of kin." N.J.A.C. 13:36-5.18 establishes requirements for the disposition of human remains. The Board proposes to amend subsection (a) to specify that professional responsibility for the remains also ceases when the remains are transferred to another registered mortuary for disposition.

N.J.A.C. 13:36-5.19 prohibits the use of registered mortuaries as a site for organ and tissue recovery. The Board proposes new subsection (e) to permit a licensed funeral director to collect a DNA sample via cheek swab, clipping of fingernails, and/or blood collection, provided that the request is made by the legal next of kin and the sample is provided to the legal next of kin prior to the final disposition of remains. The Board notes that there are legitimate purposes for DNA collection and that these methods of DNA collection pose no harm to the remains.

N.J.A.C. 13:36-5.20 remains reserved. N.J.A.C. 13:36-5.21 sets forth requirements for disclosure of ownership information. The Board proposes to amend N.J.A.C. 13:36-5.21(a) to remove the requirement for the ownership information to be disclosed on the casket and outer burial container price lists; this information remains available to the public and will continue to be updated on the general price list.

Subchapter 6 sets forth rules governing embalming procedures. The Board is proposing that N.J.A.C. 13:36-6.1, and N.J.A.C. 13:36-6.3 through 6.8 be readopted without change. N.J.A.C. 13:36-6.1 provides that the preparation for burial or other disposition of a dead body be performed in privacy. N.J.A.C. 13:36-6.3 prohibits the use, for embalming purposes, of any fluid or compound that contains poisons. N.J.A.C. 13:36-6.4 requires a mortuary to dispose of blood and excretions consistent with Occupational Safety and Health Administration (OSHA) regulations and Centers for Disease Control (CDC) recommendations. N.J.A.C. 13:36-6.5 requires all receptacles containing embalming fluid or any poisonous or dangerous substances to be marked in compliance with OSHA requirements. N.J.A.C. 13:36-6.6 prohibits the embalming of a body where circumstances indicate that the death resulted from unnatural causes, unless the body has been released by the proper authorities. N.J.A.C. 13:36-6.7 prohibits an intern from embalming a body unless done under the supervision of a practitioner of mortuary science holding an active New Jersey license. N.J.A.C. 13:36-6.8 is reserved. The Board proposes to amend N.J.A.C. 13:36-6.2, which requires all persons engaged in the actual embalming of a body to wear protective garments consistent with OSHA regulations, to correct the wording in subsection (b).

Subchapter 7 sets forth special rules of practice. The Board is proposing that N.J.A.C. 13:36-7.1, which establishes requirements for the [page=2126] handling and embalming of bodies with infectious or contagious diseases, be readopted without change.

Subchapter 8 establishes general rules of practice. The Board is proposing that the following rules in the subchapter be readopted without change: N.J.A.C. 13:36-8.1, which provides that all licensees must carry a current identification card; N.J.A.C. 13:36-8.2, which prohibits licensees from divulging any privacies, confidences, or secrets discovered as a result of the practice of mortuary science; N.J.A.C. 13:36-8.3, which provides that all licensees must safeguard the public health and the dignity of the deceased in the performance of their duties; N.J.A.C. 13:36-8.4, which prohibits a licensee from engaging the services of any person other than his or her intern or another licensee to embalm a body; N.J.A.C. 13:36-8.5, which prohibits the unauthorized use of a practitioner's license; N.J.A.C. 13:36-8.9, which provides that no unlicensed person, except interns, may make funeral arrangements or quote funeral prices on behalf of a licensee; N.J.A.C. 13:36-8.10, which requires a licensee to be present for internments, cremations, and disinterments; N.J.A.C. 13:36-8.12, which sets forth public accommodation requirements; and N.J.A.C. 13:36-8.13, which concerns referral fees.

N.J.A.C. 13:36-8.6 concerns the use of business cards. The Board proposes to amend subsection (a) to specify that registered interns may also use business cards for more than identification purposes. The Board also proposes new subsection (d) to set forth the information required to appear on business cards used by registered interns. The Board proposes to amend N.J.A.C. 13:36-8.7, which concerns the authorized surrender of remains, and N.J.A.C. 13:36-8.8, which prohibits a licensee from taking possession of, or embalming, remains without being authorized to do so by the appropriate authorities, to cite the statutory authority for determining who is lawfully entitled to custody of the deceased's remains and charged with the duties of internment, respectively. The Board is proposing to readopt with a grammatical amendment, N.J.A.C. 13:36-8.11, which establishes the procedure that must be followed for a multiple burial in a coffin, casket, or other container.

Subchapter 9 concerns the prevention of unfair or deceptive acts and practices. N.J.A.C. 13:36-9.1 provides definitions for the words and terms used in the subchapter. The Board proposes to amend to the definition of "services of funeral director and staff" to make a grammatical amendment. The Board proposes to readopt, without change, N.J.A.C. 13:36-9.2, which provides that any violation of Subchapter 9 will be deemed professional misconduct, and N.J.A.C. 13:36-9.3, which provides that the failure to disclose required information will be deemed an unfair or deceptive practice.

N.J.A.C. 13:36-9.4 requires licensees to disclose prices over the telephone. The Board proposes to delete subsection (a) because the Board believes it is unnecessary and redundant to require funeral providers to disclose to callers that price information is available over the phone because recodified subsection (a) requires funeral providers to provide this information to those who inquire by phone. Proposed new subsection (b) provides the manager of a registered mortuary with the discretion to designate employees of the mortuary, including unlicensed persons, to provide accurate information from the price lists. Consistent with guidance from the Federal Trade Commission, the Board also proposes to specify that a manager cannot delegate the responsibility of responding to questions concerning information that is not included on the price lists; such questions must be answered by a licensee or registered intern.

N.J.A.C. 13:36-9.5 and 9.6 concern casket and outer burial container price lists. Consistent with the proposed amendments to N.J.A.C. 13:36-5.21(a) to remove the requirement for the ownership information to be disclosed on the casket and outer burial container price lists, the Board proposes deleting paragraph (b)3 from each of these rules. N.J.A.C. 13:36-9.7 requires maintenance of a general price list. As discussed above, the Board proposes removing from N.J.A.C. 13:36-1.9(c)8 and adding to N.J.A.C. 13:36-9.7 that, if offered, individual items worth less than $ 400.00 that are offered in a single package must be included in the General Price List.

The Board proposes to readopt without change N.J.A.C. 13:36-9.8, which concerns the provision of the Statement of Funeral Goods and Services Selected. The Board proposes to amend N.J.A.C. 13:36-9.9, concerning embalming procedures, N.J.A.C. 13:36-9.10, which sets forth provisions for the casket for cremation, and N.J.A.C. 13:36-9.11, which sets forth provisions for the outer burial container, to update cross-references.

The Board proposes to readopt without change, N.J.A.C. 13:36-9.12, which prohibits a licensee from representing that certain funeral goods or services are required to be purchased by a consumer under Federal, State, or local law when such is not the case, N.J.A.C. 13:36-9.13, which prohibits a licensee from representing that funeral goods have protective features when such is not the case, N.J.A.C. 13:36-9.14, which requires any cash advance item to reflect the actual cost to the funeral provider, and N.J.A.C. 13:36-9.16, which prohibits a licensee from conditioning the provision of goods and services upon the purchase of other goods and services not requested by the person arranging the funeral. N.J.A.C. 13:36-9.17 prohibits a licensee from embalming a body for a fee unless State or local law require embalming. The Board proposes to amend the heading of N.J.A.C. 13:36-9.17 to reflect that the rule specifically concerns embalming, not services in general; the Board proposes to readopt without amendment, the rule itself. The Board proposes to amend N.J.A.C. 13:36-9.18, which requires a licensee to retain various documents, to update a cross-reference. N.J.A.C. 13:36-9.19, which requires a licensee to make all disclosures to consumers in a clear and conspicuous manner, is proposed for readoption without change.

Subchapter 10 sets forth the Board's rules concerning continuing education. The Board proposes to readopt without change, N.J.A.C. 13:36-10.1, which sets forth the purpose and scope of the rules of the subchapter, N.J.A.C. 13:36-10.2, which defines relevant terms and phrases used throughout the subchapter, N.J.A.C. 13:36-10.3, which sets forth the minimum credit hours of continuing education required for biennial license renewal, N.J.A.C. 13:36-10.4, which establishes exemptions from the continuing education requirements of the subchapter, N.J.A.C. 13:36-10.5, which concerns the waiver of continuing education requirements, N.J.A.C. 13:36-10.6, which establishes the Credentials Committee to assist the Board in creating guidelines and criteria for the approval of continuing education courses and seminars, N.J.A.C. 13:36-10.7, which sets forth the criteria for continuing education programs, N.J.A.C. 13:36-10.8, which provides a list of preapproved sources of continuing education credit, and N.J.A.C. 13:36-10.10, which establishes credit hour reporting procedures.

N.J.A.C. 13:36-10.9 sets forth the procedure for approval of continuing education course or program offerings. The Board proposes to amend N.J.A.C. 13:36-10.9(f) to require continuing education providers to "monitor attendance at, or ensure completion of, each approved program or course." In addition, the Board proposes new subsection (g) to require continuing education providers to maintain a list of all attendees who completed each approved program or course. Such records must be maintained for a period of five years from the date the program or course was offered. These requirements will provide the Board with the ability to verify the documentation submitted by licensees. As discussed above, the Board proposes to repeal N.J.A.C. 13:36-10.11, which concerns continuing education requirements for licensees seeking reinstatement.

Subchapter 11 sets forth the rules applicable to licensees and registered mortuaries providing prepaid funeral arrangements. N.J.A.C. 13:36-11.1 sets forth the definitions of relevant terms and phrases used throughout the subchapter. The Board proposes to amend the definition of "at need funeral arrangements" to change "survivors" to "legal next of kin." The Board proposes to readopt without change N.J.A.C. 13:36-11.2, which provides that a licensee must provide the purchaser of a preneed arrangement with a prepaid funeral agreement, a Statement of Funeral Goods and Services Selected, and a valid price list, and requires licensees to complete a separate Statement of Funeral Goods and Services Selected when at-need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement.

The Board is proposing to amend N.J.A.C. 13:36-11.3, which sets forth the contents of prepaid funeral agreements, to update a statutory cross-reference at paragraph (a)7. In addition, the Board proposes to amend subparagraph (a)13ii to delete the word purchaser from "estate of deceased purchaser" to be consistent with State law requiring surplus funds to be paid to the personal representative of the estate of the decedent if the purchaser is no longer alive.
The Board proposes to readopt without change N.J.A.C. 13:36-11.4, which delineates requirements applicable to prepaid funeral agreements [page=2127] funded by funeral insurance policies, and N.J.A.C. 13:36-11.5, which concerns funeral trusts converted into funeral insurance policies. N.J.A.C. 13:36-11.6 sets forth the requirements for irrevocable funeral agreements. The Board proposes to amend the rule to make grammatical changes and delete reference to General Assistance (N.J.A.C. 10:85), which was repealed. In addition, consistent with N.J.S.A. 2A:102-24, which does not specify a monetary threshold, the Board proposes to amend subsection (e) to delete the monetary amount.

The Board proposes to amend N.J.A.C. 13:36-11.7, which concerns pooled trusts accounts, to make grammatical amendments. N.J.A.C. 13:36-11.8, which provides for commissions on pooled trust accounts, and N.J.A.C. 13:36-11.9, which concerns the application of interest income, are proposed for readoption without change. N.J.A.C. 13:36-11.10 requires a licensee to provide a purchaser with any periodic statements received from the trustee of the trust, reflecting the amount of the principal and accrued interest, if any. The Board proposes to add new subsection (b) to provide that, with respect to the preneed ledger, a funeral provider shall provide purchasers with his or her individual account information, not the mortuary's complete preneed ledger.

The Board proposes to readopt without change N.J.A.C. 13:36-11.11, which provides that all documentation to be signed by the purchaser must be completed and signed by the provider prior to the purchaser's signature, and N.J.A.C. 13:36-11.12, which prohibits the commingling of preneed funds.

N.J.A.C. 13:36-11.13 concerns the return of prepaid moneys upon a revocation or an impossibility of performance or the transfer of arrangements. The Board proposes to amend subparagraph (e)2ii of the rule to specify the "deceased" purchaser and to amend subsection (g) to update the statutory cross-reference.

N.J.A.C. 13:36-11.14, which delineates other prohibited acts and practices associated with preneed agreements, and N.J.A.C. 13:36-11.15, which concerns aiding and abetting and vicarious liability for actions which violate the preneed arrangement rules, are proposed for readoption without change.

N.J.A.C. 13:36-11.16 sets forth requirements for maintaining a preneed ledger and other records associated with active prepaid funeral agreements. The Board proposes to amend subsection (b) to remove the requirement that preneed ledgers that are kept electronically must be printed on a monthly basis because the Board believes that the electronic record is sufficient. In addition, the Board proposes to delete subsection (i) because the effective date has passed.

N.J.A.C. 13:36-11.17 sets forth the circumstances under which the Board must be provided with a copy of the preneed ledger. The Board proposes to amend paragraph (a)3 to change the time period that the manager or owner of the registered mortuary must provide a copy of the preneed ledger to the Board from the date of filing any form of bankruptcy by the provider or owner of the mortuary to within 10 days of the filing. The Board believes that the time periods for providing the preneed ledger to the Board should be consistent with that of paragraph (a)2.

The Board proposes to readopt without change N.J.A.C. 13:36-11.18, which requires notification to the owners of all prepaid funeral agreements whenever there is a transfer of ownership, and N.J.A.C. 13:36-11.19, which concerns notifications of dissolution or bankruptcy. The Board proposes to amend the "Statement of Funeral Goods and Services Selected" in the chapter appendix to reflect the specified changes discussed above.

The Board has provided a 60-day comment period for this notice of proposal, therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the existing rules, which have been in effect for the past seven years, have protected the health, safety, and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of mortuary science. These rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of the practice of mortuary science for the benefit of all licensed practitioners, establishment owners, and applicants for licensure. The readoption of N.J.A.C. 13:36 is essential in order for the Board to continue to regulate the practice of mortuary science, to identify those individuals who are qualified to engage in the practice of mortuary science, and to ensure that every licensed practitioner, registered mortuary, and applicant for licensure is aware of the procedures involved with licensure.

The readoption of N.J.A.C. 13:36 continues the accepted standards of the practice of mortuary science established by the Board, and by so doing, provides licensed practitioners, registered mortuaries, and applicants for licensure with a clear and comprehensive set of rules to guide them in their professional practice. Applicants for licensure will benefit by having a set of rules that govern the manner in which they may qualify for licensure. The Board also believes that licensees will benefit from the readoption, as a result of the uniform standards that will be applied throughout the profession. Registered mortuaries will benefit by having clear and comprehensive standards that govern the operation and maintenance of all funeral establishments.

The Board believes that the rules proposed for readoption will have a positive impact upon the general public by continuing to safeguard public health and safety by ensuring the maintenance of professional practice standards, which will enable licensees and registered mortuaries to provide the highest quality professional services in the practice of mortuary science.

The Board also believes that the proposed new rules, amendments, and repeals will have a positive impact upon the licensed community and upon the consumers they serve. Specifically, the Board believes that the proposed amendments to N.J.A.C. 13:36-1.8 will help clarify for licensees their recordkeeping obligations and will help ensure that the records are accessible even after a registered mortuary closes. In addition, the Board believes that the proposed amendments to N.J.A.C. 13:36-1.9 and 9.7 and 13:36 Appendix will have a positive impact on the practitioners and the public to which they provide services. The amendments address diverse consumer preferences and practice changes in the industry, promote clearer consumer understanding, and allow funeral homes greater flexibility in tailoring their business to meet consumer needs. The amendments also clarify that licensees are not prohibited from providing other services in conjunction with optional packaged services.

The Board believes that the proposed amendments to N.J.A.C. 13:36-2.2 will have a positive impact on interns by making it easier for them to obtain the registration application. The Board also believes that the proposed amendments will have a positive impact by making it clear that preceptors must meet the requirements set forth at N.J.A.C. 13:36-2.7. The Board believes that the proposed amendments to N.J.A.C. 13:36-2.7, which require practitioners of mortuary science to be of good moral character and have not been subject to disciplinary action for the five years prior to becoming an intern preceptor, will help ensure the qualifications of licensees who instruct interns in the practice of mortuary science in New Jersey. In addition, the Board believes that proposed new N.J.A.C. 13:36-2.13, which sets forth the scope of practice for a registered intern, will have a positive social impact by providing the regulated community and the public with ease of reference as to the tasks that an intern may perform under the direct supervision of a preceptor.

The Board believes that the proposed new N.J.A.C. 13:36-4.1, 4.1A, and 4.1B, implementing P.L. 2013, c. 182, will make it easier for licensees to resume, after a period of inactivation or administrative suspension, engaging in the practice of mortuary science. The proposed new rules allow licensees to submit proof of compliance with another state's continuing education requirements. In addition, proposed new N.J.A.C. 13:36-4.1B no longer mandates retaking the licensing examination if the period of administrative suspension is for more than five years, but provides the Board the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.

The Board believes that the proposed amendments to N.J.A.C. 13:36-4.8, which require the owner of a registered mortuary to notify the Board when the manager dies and to act quickly to hire a replacement, will have a positive impact on owners and members of the general public by helping to ensure the continued operation of registered mortuaries under such circumstances.

The Board believes that proposed new N.J.A.C. 13:36-4.17 will have a positive impact on the public by promptly notifying the Board of a licensee's convictions and arrests, enabling the Board to determine [page=2128] whether it is warranted to take any action to ensure the safety and welfare of the public.

The proposed amendment to N.J.A.C. 13:36-5.12, to broaden the definition of advertisement to include social media, will have a positive impact upon the regulated community and the public by providing the same standards for all advertisements, regardless of medium. In addition, the Board believes that the proposed amendment allowing registered interns who are acting under the supervision of a preceptor to advertise without including the phrase "unlicensed and not qualified to make funeral arrangements" will have a positive impact on the public by making it clear that a registered intern is qualified to make funeral arrangements.
The Board believes that the proposed amendments to N.J.A.C. 13:36-5.14 will have a positive impact by specifying the obligation on managers or owners when the mortuary is no longer in business, ensuring that the closed mortuary no longer has access to the New Jersey Electronic Death Registration System, and helping ensure that the mortuary's records are accessible even after a registered mortuary closes.

The proposed amendment to N.J.A.C. 13:36-5.18 will have a positive impact on the regulated community and the public by clarifying who retains professional responsibility for the remains, when the remains are transferred to another registered mortuary for disposition. The Board also believes that the proposed amendments to N.J.A.C. 13:36-5.19 will have a positive impact on the public by permitting licensed funeral directors to collect on behalf of the legal next of kin a DNA sample via cheek swab, clipping of fingernails, and/or blood collection.

The Board believes that the proposed amendments to N.J.A.C. 13:36-8.6 to specify the information that registered interns must include on their business cards will have a positive impact on the public by knowing with whom they are dealing, and on the regulated community by providing clear guidance as to the requirements.

Proposed new N.J.A.C. 13:36-9.4(b) will have a positive impact on registered mortuaries by expanding the pool of employees that the manager of the mortuary may choose to allow to provide accurate information from the price lists and making it clear that questions concerning information not on the price lists must be referred to a licensee or intern.

Economic Impact

The Board anticipates that the proposed readoption with new rules, amendments, and repeals will not impose any significant new costs upon practitioners of mortuary science, certificate of registration holders, applicants, or consumers. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past seven years.

The proposed readoption with amendment of the Board's fee schedule at N.J.A.C. 13:36-1.6 will continue to have an economic impact on practitioners of mortuary science, certificate of registration holders, applicants, to the extent that they will be required to remit the fees set forth in the rule.

The proposed readoption with amendments of N.J.A.C. 13:36-1.9 may have a small economic impact to the extent that funeral homes will need to print new SFGSS forms to comply with the amendments. The Board believes that the benefits of updating the form to reflect diverse consumer preferences and practice changes in the industry and promoting consumer understanding outweighs the slight costs incurred by the licensees.

The proposed readoption with new rules and amendments of Subchapter 2 will continue to have an economic impact upon those applicants for licensure who are completing the required period of internship and also upon licensees who serve as intern preceptors to the extent that interns and licensees will incur administrative costs associated with applying to the Board for internship approval and in submitting the documentation required for periodic Board review. The proposed amendment to N.J.A.C. 13:36-2.7 may have an economic impact upon practitioners of mortuary science with disciplinary history within five years of engagement as a preceptor because they could be precluded from employing interns.

Subchapter 3 outlines the rules applicable to the licensing examinations. The proposed readoption with amendments of Subchapter 3 will continue to have an economic impact upon applicants for licensure to the extent that applicants will incur costs associated with passing the required licensure examinations, and in submitting the required licensure application, and supporting materials to the Board for its review.

The proposed readoption with new rules, amendments, and repeals of Subchapter 4, which sets forth the requirements concerning license and registration renewals, will continue to have an economic impact upon licensees to the extent that licensees will incur costs associated with renewing their licenses and with notifying the Board of any change in their personal or professional information on file with the Board. The Board also believes that these proposed new rules may have a positive economic impact on licensees seeking to reactivate or reinstate their licenses. Accepting continuing education requirements of another state may save licensees the costs associated with completing the Board's continuing education requirements. The Board believes that these proposed new rules may also have a positive economic impact on licensees seeking reinstatement because, in accordance with P.L. 2013, c. 182, they are no longer required to pay all past delinquent renewal fees but only the fee for the biennial period immediately preceding the renewal period for which reinstatement is sought. In addition, the proposed readoption of the rules in this subchapter will continue to have an economic impact upon establishment owners to the extent that applicants for certificates of registration will incur costs associated with submitting the required application and supporting materials to the Board for its review. Establishment owners will also be economically impacted as a result of the proposed readoption of the rules in Subchapter 4 to the extent that they incur costs associated with notifying the Board of any changes in ownership or location of the permitted establishment. The proposed amendments to N.J.A.C. 13:36-4.8 may have an economic impact upon owners of registered mortuaries to the extent that they may incur administrative expenses associated with complying with the notification requirements outlined in the rule when the manager of an establishment dies. The proposed repeal of N.J.A.C. 13:36-4.14 will have a positive economic impact on those licensees choosing to pay for inactive paid status. Proposed new N.J.A.C. 13:36-4.17 may have an economic impact upon funeral providers to the extent that they may incur administrative expenses associated with the notification requirements outlined in the rule when a licensee is convicted or arrested.

The proposed readoption with amendments of Subchapter 5 will continue to have an economic impact upon establishment owners to the extent that mortuaries may only operate consistent with the requirements set forth in the rules. Establishment owners will be economically impacted as a result of the readoption of the rules in this subchapter to the extent that they incur costs associated with ensuring compliance with the facility, equipment, personnel, advertising, and operational requirements imposed under the rules. The proposed amendment to N.J.A.C. 13:36-5.12 may have an economic impact upon licensees and owners to the extent that there are any costs of compliance to ensure that advertisements on social media comply with the Board's advertising requirements.

The proposed readoption with amendments of Subchapters 6 and 7 will continue to have an economic impact upon establishment owners to the extent that they incur costs associated with ensuring compliance with the embalming procedures established throughout Subchapter 6, and with the procedures established for the handling of bodies of decedents that have died from an infectious or contagious disease set forth in Subchapter 7.

The proposed readoption with amendments of Subchapter 8 will continue to have an economic impact upon licensees and establishment owners to the extent that the rules prohibit licensees and owners from employing any unlicensed persons, other than registered interns, to perform embalming procedures or to engage in the management of the funeral establishment. The proposed amendments to N.J.A.C. 13:36-8.6 may have an economic impact on registered interns and/or mortuaries to the extent administrative costs are incurred in obtaining new business cards for interns to include the information required in proposed new subsection (d).

The proposed readoption with amendments of Subchapter 9 will continue to have an economic impact upon licensees and establishment owners to the extent that licensees and owners are prohibited from engaging in any of the business practices delineated in the rules which have been deemed unfair or deceptive. In addition, establishment owners will continue to be economically impacted by the readoption of Subchapter 9 to the extent that they incur administrative costs associated [page=2129] with maintaining the various price lists that are required to be provided to consumers. The proposed amendments to N.J.A.C. 13:36-9.5 and 9.6, eliminating the obligation to disclose ownership information on the casket and the outer burial container price lists, may have a positive economic impact on mortuaries by reducing the costs associated with reprinting these lists whenever there is a change in ownership information.

The proposed readoption of Subchapter 10 will continue to have an economic impact upon licensees to the extent that they will incur costs associated with satisfying the continuing education requirements set forth in the subchapter. The proposed readoption of Subchapter 10 will also have an economic impact upon continuing education courses or programs providers to the extent that they will incur administrative expenses associated with submitting the documentation required to obtain Board approval for their courses or programs.

The proposed readoption with amendments of Subchapter 11 will continue to impose economic costs upon establishment owners that offer preneed funeral arrangements to the extent that they will incur costs associated with ensuring compliance with preneed funeral arrangement content, management, and execution requirements established throughout the subchapter. The Board believes that proposed new N.J.A.C. 13:36-11.10(b) may have a positive economic impact on licensees to the extent that they maintain preneed ledgers electronically and there is a cost savings in not printing the entire preneed ledger on a monthly basis.

The Board believes that any costs that may be borne by members of the regulated community as a result of the rules proposed for readoption with new rules, amendments, and repeals will be outweighed by the benefit to consumers in ensuring that mortuary services are provided by qualified professionals consistent with the professional practice and establishment standards delineated in the rules.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with new rules, amendments, and repeals are governed by N.J.S.A. 45:7-32 et seq., and are not subject to any Federal standards or requirements. Although the rules in N.J.A.C. 13:36 are not subject to any Federal requirements or standards, where deemed appropriate, the Board has incorporated Federal standards. Specifically, N.J.A.C. 13:36-6.2 requires all persons engaged in the embalming of a dead human body to be outfitted in protective apparel in compliance with OSHA requirements as outlined in 29 CFR 1910.1030. Similarly, N.J.A.C. 13:36-6.4 requires all practitioners to dispose of blood and excretions of a dead human body pursuant to OSHA requirements outlined in 29 CFR 1910.1030. N.J.A.C. 13:36-6.5 provides that all receptacles containing embalming fluid, formaldehyde, or other poisonous or dangerous substances be plainly marked in compliance with 29 CFR 1910.1048. N.J.A.C. 13:36-7.1, which concerns the handling and embalming of bodies dead as a result of an infectious or contagious disease, provides that all personnel must comply with OSHA regulations set forth at 29 CFR 1910.1030 and that all fluids or other matters removed from such a body during the embalming process must be disposed of in accordance with all applicable Federal laws governing medical and infectious waste.

Subchapter 9 also incorporates many of the requirements of the Federal Trade Commission's rules on funeral practice set forth at 16 CFR 453.1 through 453.5, governing disclosures required on the Statement of Funeral Goods and Services Selected, general price list, outer burial container price list, and casket price list.

Licensees are also required to take a course on OSHA laws and regulations as set forth in N.J.A.C. 13:36-10.3.

Jobs Impact

The Board does not anticipate that the rules proposed for readoption with new rules, amendments, and repeals will result in an increase or decrease in the number of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the rules proposed for readoption with new rules, amendments, and repeals will have any impact upon the agriculture industry in the State.

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 1,600 practitioners of mortuary science and registers approximately 730 mortuaries. If Board licensees and registrants are considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies. Interns cannot engage in independent practice and, therefore, cannot be deemed "small businesses."

The rules proposed for readoption with new rules, amendments, and repeals will impose various reporting, recordkeeping, and compliance requirements on licensees and registrants. These requirements are discussed in the Summary above.

No additional professional services will be needed to comply with the rules proposed for readoption with new rules, amendments, and repeals. In addition, the Board does not believe that there will be any additional economic impact upon licensees and registrants as a result of the rules proposed for readoption with new rules, amendments, and repeals. The costs of compliance with the rules proposed for readoption with new rules, amendments, and repeals are discussed in the Economic Impact above. The Board believes that the proposed readoption with new rules, amendments, and repeals should be uniformly applied to all licensed practitioners of mortuary science and all owners of registered mortuaries in order to ensure the health, safety, and welfare of the general public in the provision of mortuary services. Therefore, no differing compliance requirements for any licensees or registrants are provided based upon the size of the business.

Housing Affordability Impact Analysis

The rules proposed for readoption with new rules, amendments, and repeals will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption with new rules, amendments, and repeals concern the practice of mortuary science.

Smart Growth Development Impact Analysis

The rules proposed for readoption with new rules, amendments, and repeals will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption with new rules, amendments, and repeals concern the practice of mortuary science.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.

Regulations

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:36.

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:36-4.1, 4.14, and 10.11.

Full text of the proposed amendments and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1.    ADMINISTRATION

13:36-1.6   Fees and charges

(a) The Board shall charge the following fees:

1.-7. (No change.)

i.-iii. (No change.)

Recodify existing 10.-15. as 9.-14. (No change in text.)

13:36-1.8   Recordkeeping
(a)-(c) (No change.)

(d)The record retention requirements of this section shall not cease because a mortuary permanently closes or files for bankruptcy. When a mortuary permanently closes or files for bankruptcy, the manager or owner of the mortuary shall comply with the notification requirements of N.J.A.C. 13:36-5.14.

[page=2130] 13:36-1.9   Statement of Funeral Goods and Services Selected

(a) When making preneed and/or at need funeral arrangements, as defined in N.J.A.C. 13:36-11.1, the practitioner shall compile a Statement of Funeral Goods and Services Selected. The statement shall be on a pre-printed, single-sided sheet of paper that is at least 8 1/2 inches by 11 inches, but no more than 8 1/2 inches by 14 inches, and shall include at least the following information:

1. The full name of the funeral home, address, telephone number, manager's name, title and license number, and funeral file number, [and] whether the statement is being completed for an at need arrangement or a preneed arrangement, as defined in N.J.A.C. 13:36-11.1, or for a price quotation only, and the language "This statement is subject to change by agreement of the parties";

2.-8. (No change.)

(b) (No change.)

(c) All charges relative to the funeral shall be categorized as follows and the Statement of Funeral Goods and Services Selected shall contain the following information:

STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED

Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.

…

(d) A practitioner who offers the Optional Packaged Services and has that offer accepted by a consumer shall not be required to detail the charges for Categories I through III set forth in (c) above[, which are then not applicable]. It shall not be mandatory for practitioners to include the category of "Optional Packaged Services" on the Statement of Funeral Goods and Services Selected if they do not offer for sale the services of Direct Cremation, Immediate Burial, Forwarding of Remains and/or Receiving of Remains, or to include the "[Package]Price Reduction" category, if this category is not utilized by practitioners. A practitioner shall not include any charges for Category V cash disbursements in any Optional Packaged Services.

(e)-(f) (No change.)

(g) A practitioner may utilize a photocopy of the Statement of Funeral Goods and Services Selected contained in Appendix A, incorporated herein by reference, to satisfy the requirements of this section. A practitioner may fill in blank lines to customize the goods and services provided. If a practitioner does not use the chapter Appendix A, the practitioner must use a Statement of Funeral Goods and Services [page=2131] Selected that includes all of the required information and disclosures and follows the same basic format as the chapter Appendix A.

13:36-1.10 Limited exemption for anatomical associations of a medical school established and operated by the State of New Jersey for the acceptance and disposition of human remains donated pursuant to the Revised Uniform Anatomical Gift Act

(a) (No change.)

(b) Upon the Board's receipt of an application for registration of a mortuary at such an association as described in (a) above, the Board may exempt said association from the following provisions of this chapter:
1.-5. (No change.)

6. N.J.A.C. 13:36-[5.19]8.12, Public accommodations; and

7. (No change.)

(c)-(e) (No change.)
SUBCHAPTER 2.    INTERNS
13:36-2.2   [Request for] Intern registration application

[An application] Applications for intern registration [shall be requested, in writing, by the prospective intern's preceptor. Upon receipt of the request, an application shall be issued] may be obtained from the State Board of Mortuary Science, PO Box 45009, 124 Halsey Street, Newark, New Jersey 07101 and on the Board's website at http://www.njconsumeraffairs.gov/mor/Pages/applications.aspx. The application shall be executed by the preceptor and intern and certified in affidavit form, and returned to the Board office [immediately]. A completed application form shall contain information concerning the prospective intern's educational background, the name and address of the registered mortuary where the prospective intern will be registered, and the name and license number of the preceptor who meets the requirements of N.J.A.C. 13:36-2.7. An applicant shall report any changes in this information to the Board within five days. A prospective intern shall also submit two passport-size photographs with his or her application for registration.

13:36-2.5   Reporting embalmings, funeral attendance, and funeral arrangements; form

(a) (No change.)

(b) No internship credit shall be granted for embalmings performed, funerals attended, and [funeral] funerals arranged during the month when a report is received after the prescribed monthly filing date except upon presentation of proof that good cause exists for failing to timely file the report.

13:36-2.7   [Requirements for employment of interns] Preceptor requirements
(a) No practitioner of mortuary science shall engage an intern unless[,] the practitioner:
1. [prior] Prior to such engagement, [the practitioner] holds an active New Jersey license for at least two years; [and the practitioner's]
2.Has a case volume during the previous calendar year [is] of a minimum of 25 cases, which shall not include stillbirths[.]; and

3.Within five years of the engagement, has not been convicted of a crime or offense relating adversely to the practice of mortuary science consistent with N.J.S.A. 45:1-21(f), or a crime of moral turpitude and has not been the subject of disciplinary action taken by a professional board resulting in the suspension, revocation, or surrender of a license or the placement of significant limitations on such license.

i.A practitioner who does not satisfy the requirements of (a)3 above shall obtain approval of the Board to serve as a preceptor.

13:36-2.8   Absence from training
If for any reason it becomes necessary for an intern to absent himself or herself during his or her internship for a period longer than 30 days, the intern shall submit to the Board in letter form the reason for his or her absence and the length of time he or she intends to be away. Such written notification shall be provided to the Board [with] within five days of the absence.

13:36-2.13 [(Reserved)] Scope of practice: interns

(a) In accordance with N.J.S.A. 45:7-47, an intern registered with the Board acting under the direct supervision of a preceptor may:

1. Participate in any capacity in the actual funeral arrangements, preservation, or disposal of dead human bodies;

2. Participate in any capacity in the actual preparation of dead human bodies;

3. Be permitted to be present in the embalming, operating, or preparation room while a dead human body is being embalmed, washed, or otherwise prepared for burial or other disposition;

4. Participate in embalming as provided at N.J.A.C. 13:36-6.7;

5. Make funeral arrangements on behalf of any licensed practitioner of mortuary science; and

6. Quote prices to a consumer in connection with any funeral services and/or goods when funeral arrangements are being made, consistent with the requirements of N.J.A.C. 13:36-9.

SUBCHAPTER 3.       EXAMINATIONS AND CANDIDATE QUALIFICATIONS

13:36-3.1   Qualifications for licensure

(a) In order to be eligible for licensure, a candidate first shall submit to the Board the following:

1.-5. (No change.)
6. Evidence of having achieved a passing score on the Board's Mortuary Jurisprudence examination [administered by the Board] pursuant to N.J.A.C. 13:36-3.2;

7. (No change.)

8. An application fee pursuant to N.J.A.C. 13:36-1.6[(a)1].

13:36-3.2   Application for Mortuary Jurisprudence examination

(a)-(c) (No change.)

(d) An [out of state] out-of-State resident may make application for [a written examination administered by the Board] the Board's Mortuary Jurisprudence examination, provided the applicant meets all admission requirements.

(e) The Board's Mortuary Jurisprudence examination may include all State laws and rules relevant to the practice of mortuary science, as well as pertinent Federal laws and regulations[, which shall be provided to the candidate by the Board upon application for licensure].
13:36-3.5   Passing grades

[(a)] To successfully fulfill the examination requirement of N.J.S.A. 45:7-49, a candidate shall[:
1. Achieve] achieve a scaled score of not less than 75 on each of the two parts of the National Board Examination and achieve a scaled score of not less than 70 on the Board's Mortuary Jurisprudence examination [given by the State Board; or].

[2. When the Board gives a written examination, including a section on mortuary jurisprudence, the candidate shall achieve a score of not less than 70.]

SUBCHAPTER 4.    LICENSE AND REGISTRATION GENERALLY

13:36-4.1          License renewal
(a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.

(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of license expiration.

(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of mortuary science, or hold her- or himself out as eligible to engage in the practice of mortuary science in New Jersey, until such time as the license is returned to active status.

[page=2132] (d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:36-1.6. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.

(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.

(f) A licensee who continues to engage in the practice of mortuary science with a suspended license shall be deemed to be engaging in the unauthorized practice of mortuary science and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:36-4.1A        License reactivation

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:36-4.1(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit:

1. A renewal application;

2. A certification of employment listing each job held during the period the license was inactive, which includes the name, address, and telephone number of each employer;

3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:36-1.6.

i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:36-1.6.

ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:36-1.6; and

4. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:36-10.3.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of mortuary science and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of (a)4 above. If the other state does not have any continuing education requirements, the requirements of (a)4 above apply.

(b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reactivation of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following non-exhaustive issues:

1. Length of time license was inactive;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing board;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of mortuary science or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of mortuary science or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction.

13:36-4.1B        License reinstatement

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:36-4.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:

1. A reinstatement application;

2. A certification of employment listing each job held during the period of suspended license, which includes the name, address, and telephone number of each employer;

3. The renewal fee set forth in N.J.A.C. 13:36-1.6 for the biennial period for which reinstatement is sought;

4. The past due renewal fee set forth in N.J.A.C. 13:36-1.6 for the biennial period immediately preceding the renewal period for which reinstatement is sought;

5. The reinstatement fee set forth in N.J.A.C. 13:36-1.6; and

6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:36-10.3.

i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of mortuary science and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of (a)6 above. If the other state does not have any continuing education requirements, the requirements of (a)6 above apply.
(b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Board following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following non-exhaustive issues:

1. Length of time license was suspended;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing board;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of mortuary science or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

[page=2133] 7. Civil litigation related to the practice of mortuary science or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or any other jurisdiction.

13:36-4.6A        Certificate of registration renewal; reinstatement

(a)An owner shall renew his or her certificate of registration for a period of two years from the last expiration date. The owner shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of expiration. An owner who submits a renewal application within 30 days following the date of expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:36-1.6. An owner who fails to submit a renewal application within 30 days of expiration shall have his or her license or certificate of registration suspended without a hearing.

(b) An owner who continues to engage in the practice of mortuary science or continues to offer mortuary services with a suspended certificate of registration shall be deemed to be engaging in the unauthorized practice of mortuary science and shall be subject to the penalties set forth in N.J.S.A. 45:1-25 et seq.

(c) The Board shall send a notice of renewal to the owner at least 60 days prior to the expiration of the certificate of registration. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.

(d) An owner seeking reinstatement following the suspension of a certificate of registration pursuant to (a) above shall:

1. Submit a completed application and the application fee set forth in N.J.A.C. 13:36-1.6;

2. Submit payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6;

3. Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; and

4. Submit payment of any outstanding penalties and evidence of satisfaction of other requirements imposed by an order of the Board.
13:36-4.8   Full-time licensed manager; termination; resignation; death; licensee in charge

(a)-(b) (No change.)
(c) Whenever the manager is terminated [or], resigns, or dies, the owner of the registered mortuary shall retain the services of a licensed practitioner of mortuary science who shall be responsible for directing, managing, and controlling all work performed by the establishment until such time as the manager is permanently replaced by another manager. That licensee shall be known as the licensee in charge. The owner of the mortuary shall notify the Board, in writing, within five business days of the termination [or], resignation, or death, of the name and license number of the licensee in charge.
(d) Whenever the manager is terminated [or], resigns, or dies, the owner and, as applicable, the manager or licensee in charge shall provide the new manager with the records of prepaid funeral agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16 no later than 10 days prior to such change, or as soon thereafter as mutually agreed upon by the parties. The owner and, as applicable, the manager or the licensee in charge shall notify the Board of compliance with this subsection at the same time that he or she files the notice of change in manager with the Board.
(e) Except as set forth in (f) below, the licensee in charge shall, within 30 days of the previous manager's termination [or], resignation, or death, give notice to the Board of the name of the newly designated manager and, at that time, the newly designated manager shall submit to the Board the following:
1.-3. (No change.)

(f) The licensee in charge may, within 30 days of previous manager's termination [or], resignation, or death, submit to the Board documented evidence of hardship or extenuating circumstance. The Board, if it deems such evidence acceptable, may grant the registered mortuary an extension of time up to, but not exceeding, six months after the termination [or], resignation, or death of the former manager in which to secure the services of a new manager.

13:36-4.12 Death of sole proprietor

(a) (No change.)
(b) [Upon request from the Board] Within 10 days of the owner's death, the executor or administrator of the estate shall furnish to the Board a copy of the preneed ledger maintained pursuant to N.J.A.C. 13:36-11.16 [within 30 days of the owner's death].

13:36-4.17        Notification: convictions or arrests

(a) Any licensee of the State Board of Mortuary Science, upon conviction of any crime, shall notify the Board of such conviction in writing within 30 days.

(b) Any licensee of the State Board of Mortuary Science shall notify the Board within 30 days of any arrest, summons, indictment, admission into pre-trial intervention (PTI), or plea of guilty to any violation of law, ordinance, felony, misdemeanor, or disorderly persons offense, in New Jersey, any other state, the District of Columbia, or any other jurisdiction. This notification requirement shall not apply to parking or speeding violations, but does apply to motor vehicle violations, such as driving while impaired or intoxicated.

SUBCHAPTER 5.    MORTUARIES
13:36-5.12 Advertising

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:

"Advertisement" means any attempt, direct or indirect, by publication, dissemination, circulation, or broadcast through the public media or social media to induce any person or entity to purchase or enter into an agreement to accept mortuary or funeral services or merchandise. "Advertisement" includes business cards when business cards are used as copy in an advertisement or are published, disseminated, circulated, or broadcast in the public media, as defined below,or social media.
…
(b)-(f) (No change.)

(g) In addition, it shall be deceptive and misleading for any advertisement to contain the following:

1. The name of a person not licensed by the Board in connection with the name of a mortuary in any manner whatsoever, unless the unlicensed person is clearly and obviously identified in the advertisement as such by the use of the phrase "unlicensed and not qualified to make funeral arrangements, embalm or conduct funerals."[.] The surname of an unlicensed person may appear in the title of a mortuary as registered with the Board.

i.The prohibition set forth in (g)1 above shall not apply to an intern registered with the Board who is acting under the supervision of a preceptor.

2.-7. (No change.)
(h)-(l) (No change.)

13:36-5.14 Discontinuation of business or bankruptcy

(a) When a mortuary is permanently closed for business, the manager or owner shall immediately:
1.-3. (No change.)

4. Furnish the Board with a copy of the preneed ledger required pursuant to N.J.A.C. 13:36-11.16(a); [and]
5. Submit to the Board a copy of the notice sent to all preneed purchasers regarding the discontinuation as required pursuant to N.J.A.C. 13:36-11.19, and proof of service of such notice to consumers[.];

6. Provide the Board with proof fromthe New Jersey Electronic Death Registration System (EDRS) confirming that the mortuary's account is closed; and

7. Notify the Board of the location of the mortuary's records and the contact information for the person responsible for maintaining the records consistent with the requirements of N.J.A.C. 13:36-1.8.

(b) (No change.)

13:36-5.17 Removal of human remains; authorization

(a) No person shall remove human remains from any residence or institution without first securing authorization consenting to the removal [page=2134] from the legal next of kin or a person legally entitled to grant said authorization.

(b)-(c) (No change.)

13:36-5.18 Disposition of human remains

(a) Whenever human remains are entrusted to the care of a registered mortuary for disposition, the registered mortuary shall retain professional responsibility for the remains from the point of removal to the final place of disposition or upon transfer to another registered mortuary for disposition.

(b)-(c) (No change.)
13:36-5.19 Use of registered mortuary in organ and tissue recovery

(a)-(d) (No change.)

(e)Nothing in this section shall preclude a licensed funeral director from collecting a DNA sample via cheek swab, clipping of fingernails, and/or blood collection, provided that the legal next of kin makes such a request and the sample is provided to the legal next of kin prior to the final disposition of remains.

13:36-5.21 Disclosure of ownership information

(a) The registered mortuary shall disclose on all general price lists, [casket price lists, and outer burial container price lists,] required pursuant to N.J.A.C. 13:36-9.5[, 9.6 and 9.7], whether any owner of the registered mortuary also owns 50 percent or greater interest in any other registered mortuary within the State. For purposes of this section, "person" means any individual, partnership, limited liability partnership, limited liability company, corporation, or other business entity.

(b) (No change.)

SUBCHAPTER 6.    EMBALMING PROCEDURE

13:36-6.2   Dress requirement for embalming

(a) (No change.)

(b) The body being embalmed shall at all times be so covered as to [insure] ensure privacy of the body.

SUBCHAPTER 8.    GENERAL RULES OF PRACTICE
13:36-8.6   Business cards

(a) Business cards may be used by licensed practitioners of mortuary science, registered interns, and unlicensed persons associated with a registered mortuary, for identification purposes only, as set forth in (b) [and], (c), and (d) below. Business cards [which] that are used as copy for an advertisement or [which] that are published, disseminated, circulated, or broadcast in the public media or social media shall be subject to the requirements set forth in N.J.A.C. 13:36-5.12.

(b)-(c) (No change.)
(d)An intern registered with the Board, pursuant to N.J.A.C. 13:36-2.1, and who is acting under the supervision of a preceptor, may use a business card provided that all business cards, at a minimum, include the intern's name, registration number, and title of "registered intern."
13:36-8.7   Authorized surrender of human remains

A licensed practitioner of mortuary science shall promptly surrender human remains upon proper direction and authorization of the person who, in accordance with N.J.S.A. 45:27-22, is lawfully entitled to its custody.

13:36-8.8   Authorization to embalm human remains
No licensed practitioner of mortuary science shall take possession of or embalm human remains without first being directed and fully authorized to do by those whom, in accordance with N.J.S.A. 45:27-22, are charged with the duties of interment.

13:36-8.11 Multiple burials
(a)-(b) (No change.)

(c) The written authorization to be obtained by the funeral director shall include the name and address, and signature of the person authorizing the multiple burial, the names, ages, and addresses of the [deceased] decedents, the dates, places, and times of their death, the names and addresses of the hospitals or institutions from which the bodies were obtained, the name and address of the cemetery or crematory where the remains are to be interred[,] or cremated, and the location of the grave in which any interment is to be made.

(d) (No change.)

SUBCHAPTER 9.    PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES

13:36-9.1   Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

…

"Services of funeral director and staff" means the services, not included in prices of other categories in N.J.A.C. 13:36-9.7, which may be furnished by a funeral provider in arranging and supervising a funeral, such as conducting the arrangement[s] conference, planning the funeral, obtaining necessary permits, and placing obituary notices.

…

13:36-9.4   Telephone price disclosures

[(a) Funeral providers shall tell persons who call the funeral provider's place of business and ask about the terms, conditions, or prices at which funeral goods or funeral services are offered, that price information is available over the telephone.]

[(b)] (a) Funeral providers shall tell persons who ask by telephone about the funeral provider's offerings or prices any accurate information from the price lists described in N.J.A.C. 13:36-9.5, 9.6, and 9.7, which reasonably answers the question, and any other information [which] that reasonably answers the question and [which] that is readily available.

(b)The manager of a registered mortuary may designate employees of the mortuary, including unlicensed persons, to provide accurate information from the price lists described in N.J.A.C. 13:36-9.5, 9.6, and 9.7. Responding to questions concerning information not on the price lists shall be referred to a licensee or intern in accordance with N.J.A.C. 13:36-8.9.

13:36-9.5   Casket price list

(a) (No change.)

(b) Funeral providers shall place on the casket price list, regardless of whether it is printed or typewritten, or on any other format, the following information:

1. The name, address, and telephone number of the registered mortuary and the name, license number, and title of the manager; and

2. A caption describing the list as a "casket price list."[; and]

[3. If applicable, a statement disclosing the ownership of other registered mortuaries, as required pursuant to N.J.A.C. 13:36-5.21.]

13:36-9.6   Outer burial container price list

(a) (No change.)

(b) Funeral providers shall place on the outer burial container price list, regardless of whether it is printed or typewritten, or on any other format, the following information:

1. The name, address, and telephone number of the registered mortuary and the name, license number, and title of the manager; and

2. A caption describing the list as an "outer burial container price list."[; and]

[3. If applicable, a statement disclosing the ownership of other registered mortuaries, as required pursuant to N.J.A.C. 13:36-5.21.]

13:36-9.7   General price list

(a) (No change.)

(b) Funeral providers shall include on the price list, in any order, the retail prices (expressed either as the flat fee, or as the price per hour, mile, or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale:

1.-13. (No change.)

14. Acknowledgement cards[.]; and

15. Individual items of merchandise of less than $ 400.00 each that are offered together as a packaged item.

(c)-(d) (No change.)

[page=2135] 13:36-9.9   Embalming provisions

(a) (No change.)

(b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the unfair or deceptive acts or practices defined in N.J.A.C. 13:36-9.16 and 9.17(a), funeral providers shall:

1. (No change.)

2. Provide on the general price list the disclosure statement required pursuant to N.J.A.C. 13:36-9.7[(d)3](d)2.

13:36-9.10 Casket for cremation provisions

(a) (No change.)

(b) To prevent the deceptive acts or practices mentioned in (a) above, as well as the unfair or deceptive acts or practices defined in N.J.A.C. 13:36-9.15(a), funeral providers shall provide on the general price list the disclosure statement required pursuant to N.J.A.C. 13:36-9.7[(d)4](d)3.

13:36-9.11 Outer burial container provisions

(a) (No change.)

(b) To prevent the deceptive acts or practices mentioned in (a) above, funeral providers shall provide on the outer burial container price list, and if applicable, on the general price list, the disclosure statement required by N.J.A.C. 13:36-9.7[(d)5](d)4.

13:36-9.17 [Services] Embalming provided without prior approval

(a)-(b) (No change.)

13:36-9.18 Retention of documents

To prevent the unfair or deceptive acts or practices specified in this subchapter, funeral providers shall retain and make available for inspection by Board officials true and accurate copies of the price lists specified in N.J.A.C. 13:36-9.5, 9.6, and 9.7, as applicable, for at least three years after the date of their last distribution to customers, and a copy of each Statement of Funeral Goods and Services Selected, as required by N.J.A.C. 13:36-1.9, for at least seven years from the date on which the statement was signed, in conformity with N.J.A.C. 13:36-[1.9]1.8.

SUBCHAPTER 10.  CONTINUING EDUCATION

13:36-10.9 Approval of course offerings; provider responsibilities

(a)-(e) (No change.)

(f) A continuing education provider shall monitor attendance at, or ensure completion of, each approved program or course and issue certificates of completion or other comparable documentation to course or program attendees. Such certificates or documentation shall be printed with the following information:

1.-5. (No change.)

(g)A continuing education provider shall maintain a list of all attendees who completed each approved program or course for a period of five years from the date the program or course was offered.

SUBCHAPTER 11.  PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS

13:36-11.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

…

"At need funeral arrangements" means funeral arrangements made with [survivors] legal next of kin or personal representatives of a person who has already died for that person's funeral.

…

13:36-11.3 Contents of a prepaid funeral agreement

(a) Every prepaid funeral agreement shall be signed by the provider, the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent, or next of kin, shall be in writing and, together with the requisite separate Statement of Funeral Goods and Services Selected required pursuant to N.J.A.C. 13:36-11.2, shall be provided to the purchaser at the time of entering into a prepaid funeral agreement. Every written prepaid funeral agreement shall, at a minimum, include the following information:

1.-6. (No change.)

7. Notice that all funeral arrangements are revocable and that all funeral funding arrangements are severable from those funeral arrangements by the purchaser if alive, and if not, then by the intended funeral recipient where they are different persons. Upon the death of both the purchaser and the intended funeral recipient, the next of kin of the intended funeral recipient, in the order provided by N.J.S.A. [8A:5-18] 45:27-22, shall have the right to revoke the funeral arrangements and to sever the funeral funding arrangements from the funeral arrangements;

8.-12. (No change.)

13. Notice that upon the death of the intended funeral recipient, the provider shall calculate the current retail prices of the prepaid funeral arrangements, and:

i. (No change.)

ii. In the case of any agreement funded through a revocable funeral trust, all surplus funds shall be paid to the purchaser, if alive, and if not, then to the personal representative of the estate of the deceased [purchaser];

iii. (No change.)

14.-15. (No change.)

13:36-11.6 Irrevocable funeral agreements

(a) Notwithstanding the provisions of N.J.A.C. 13:36-11.3(a)8, and in accordance with N.J.S.A. 2A:102-16.1, a prepaid funeral agreement may provide that its funding, whether in the form of a funeral trust or a funeral insurance policy, is irrevocable during the lifetime of the intended funeral recipient, provided that the intended funeral recipient is:

1. An aged, blind, or disabled applicant for, or recipient of, benefits pursuant to the Supplemental Security Income program (SSI) (N.J.S.A. 44:7-85 et seq.)[, a] or any Medicaid program (N.J.S.A. 30:4D-1 et seq.)[, or General Assistance (N.J.A.C. 10:85)]; or

2. An aged, blind, or disabled person who reasonably anticipates applying for, or receiving, the benefits provided by SSI[,] or Medicaid [or General Assistance] within six months of the date of the signing of the prepaid funeral agreement.

(b)-(c) (No change.)

(d) No provider shall knowingly solicit or induce any person to execute an irrevocable prepaid funeral agreement pursuant to this section with the intent to collect or charge more [then] than the fair market value of the funeral goods or services solicited.

(e) A provider shall immediately notify in writing the appropriate social services agency or agencies if at, or subsequent to, the time of need the personal representative or estate of a funeral recipient, or if known by the provider, the beneficiary, in the case of a funeral insurance policy, receives a refund from an irrevocable prepaid funeral agreement [in excess of $ 500.00].
13:36-11.7 Pooled trusts

(a) Moneys used to fund prepaid funeral agreements may be deposited into a pooled trust account in a Federally insured State or Federally chartered bank, savings bank, or savings and loan association pursuant to a written trust agreement, the beneficiaries of which shall be the purchasers, or intended funeral recipients, if different persons. Any such trust agreement shall conspicuously disclose in writing to the purchaser or intended funeral recipient, prior to the acceptance of any moneys by the trustees:

1. (No change.)

2. That the purchaser or the intended funeral recipient shall receive periodic statements not less [then] than once per year reflecting the amount of principal and accrued interest, if any, in the trust;

3.-4. (No change.)

(b) (No change.)

13:36-11.10  Periodic statements of status of funeral trusts

(a) A provider shall immediately furnish to a purchaser any periodic statements received from the trustee of a funeral trust which reflect the amount of principal and accrued interest, if any, in the trust.

(b)For purposes of this section, with respect to the Preneed Ledger required pursuant to N.J.A.C. 13:36-11.16, a provider shall not be required to furnish the mortuary's complete Preneed Ledger, but shall provide the purchaser with his or her individual account information.

[page=2136] 13:36-11.13  Return of prepaid moneys upon revocation or impossibility to perform; transfer of preneed arrangements or prepaid agreements; presumption of intent

(a)-(d) (No change.)

(e) If a provider is unable to furnish prepaid goods or services requested due to revocation of a prepaid funeral agreement or funding [therefore] therefor, or is unable to perform due to the impossibility of performance:

1. (No change.)

2. The moneys used to fund a funeral trust shall be refunded within 10 days to:

i. (No change.)
ii. The estate or personal representative of the deceased purchaser.

(f) (No change.)

(g) A provider shall be entitled to presume that at the time of need, any prepaid funeral agreement and preneed funeral arrangement on file are those intended, unless the funeral recipient's personal representative, in the order provided in N.J.S.A. [8A:5-18] 45:27-22, actually makes changes in said agreement or arrangements.

13:36-11.16  Preneed ledgers of active prepaid funeral agreements and preneed funeral arrangements; maintenance of records of prepaid agreements and preneed arrangements; compilation of preneed ledger; biennial registration

(a) (No change.)
(b) The Preneed Ledger may be kept manually or electronically[, and if kept electronically, updated hard copies of the Ledger shall be printed at least once per month].

(c)-(h) (No change.)

[(i) By April 5, 1998, all providers having active prepaid funeral agreements shall compile and complete the Preneed Ledger required by (a) above. The Preneed Ledger shall contain all active prepaid funeral agreements as of that date.]

[(j)] (i) (No change in text.)

13:36-11.17  Records provided to the Board and to successors in interest

(a) A copy of the Preneed Ledger required to be maintained by N.J.A.C. 13:36-11.16(a) shall be provided to the Executive Director of the Board by the manager or owner of the registered mortuary immediately upon:

1.-2. (No change.)

3. [The] Within 10 days of filing of any form of bankruptcy by the provider or the owner of the registered mortuary.

(b)-(e) (No change.)

(Agency Note: The text of N.J.A.C. 13:36 Appendix is reproduced below, without proposed change symbolization; those portions appearing in boldface are intended to be so permanently. The amendments are described in the Summary above.)