Short title
1. These
regulations may be cited as the Embalmers
and Funeral Directors Regulations.
Definition
2. In
these regulations
(a) "Act" means the Embalmers and Funeral Directors Act, 2008;
and
(b) "funeral home" means a building,
establishment or facility licensed by the board to offer or provide funeral
merchandise or services to the public.
Apprenticeship
of embalmers
3. A
person applying to the board for registration as an apprentice embalmer shall
satisfy the board that he or she is possessed of the following prerequisites:
(a) he or she is not less than 19 years of age;
(b) has successfully completed an education
program from an educational institution approved by the Department of
Education of the province or the board;
(c) has an agreement of apprenticeship training
with a licensed embalmer who has at least 2 years experience; and
(d) a certificate of conduct.
Transfer of
apprenticeship agreement
4. An
apprentice embalmer may transfer the agreement of apprenticeship from one
embalmer to another only with the prior written consent of the board.
Duties of
embalmer re apprentices
5. (1) An
embalmer shall provide apprenticeship training to only one apprentice at a
time.
(2) An embalmer shall be licensed under the Act
and shall have a minimum of 2 years experience before providing
apprenticeship training.
(3) Upon completion of the apprenticeship
training the embalmer shall submit to the board an affidavit stating that the
apprentice has completed 12 months of apprenticeship training and completed a
minimum of 50 embalming procedures.
Prerequisites
to embalmer examinations
6. A
person who wishes to write the examinations to qualify as a licensed embalmer
shall have served as an apprentice with one or more approved licensed
embalmers for a period of at least 12 consecutive months and have completed
no fewer than 50 embalming procedures.
Qualifying
examination
7. (1) The
qualifying examination shall consist of 2 parts:
(a) a written examination; and
(b) a practical examination.
(2) The written examination shall consist of
questions prescribed by the board.
(3) The practical examination shall consist of
the performance of an embalming procedure on an autopsy case and a
demonstration of the knowledge of performing a six-point injection in the
presence of the examiner on both a non-autopsy case and an autopsy case to
the satisfaction of the examiner.
(4) The pass mark in the written examination
shall be 70%.
(5) A candidate for examination shall apply to
the board and pay the examination fee prescribed by the board.
(6) A candidate who fails to pass the
examination is eligible to reapply to the board to take the examination
again.
Failure of
examination
8. (1) Where an embalmer apprentice fails to pass the
examination on 2 occasions he or she shall be required to apprentice with an
approved licensed embalmer with a minimum of 2 years experience for a further
12 months and shall complete a further 50 embalming procedures before being
eligible to take the examination again.
(2) The costs associated with re-taking the
examination shall be the responsibility of the apprentice.
(3) Notwithstanding subsection (1), where upon
an application to the board it is shown that the failures were due to the
illness or a death in the family of the apprentice, the board may allow the
apprentice to take the exam again without meeting the requirements of
subsection (1).
Apprenticeship
of funeral directors
9. A
person applying to the board for registration as an apprentice funeral
director shall satisfy the board that he or she possesses the following
prerequisites:
(a) he or she is not less than 19 years of age;
(b) he or she has successfully completed an
education program from an educational institution approved by the Department
of Education of the province or the board; and
(c) he or she has an agreement of apprenticeship
training with a licensed funeral director who has at least 2 years
experience.
Transfer of
apprenticeship agreement
10. An
apprentice funeral director may transfer the agreement of apprenticeship from
one funeral director to another only with the prior written consent of the
board.
Duties of
funeral director re apprentice
11. (1) A
funeral director shall provide apprenticeship training to only one apprentice
at a time.
(2) A funeral director shall be licensed under
the Act and shall have a minimum of 2 years experience before providing
apprenticeship training.
(3) Upon completion of the apprenticeship
training the funeral director shall submit to the board an affidavit stating
that the apprentice has completed 12 months of apprenticeship training and
completed a minimum of 25 funeral procedures.
Prerequisites
to funeral director examinations
12. A
person who wishes to take the examinations to qualify as a funeral director
shall have served as an apprentice with one or more approved licensed funeral
directors for a period of at least 12 consecutive months and have completed
no fewer than 25 funeral procedures.
Qualifying
examination
13. (1) The
qualifying examination shall be prescribed by the board.
(2) The pass mark in the written examination
shall be 70%.
(3) A candidate for examination shall apply to
the board and pay the examination fee prescribed by the board.
(4) A candidate who fails to pass the
examination shall be eligible to reapply to the board to take the examination
again.
Failure of
examination
14. (1) Where
a funeral director apprentice fails to pass the examination on 2 occasions he
or she shall be required to apprentice with an approved licensed funeral
director with a minimum of 2 years experience for a further 12 months and
shall complete a further 25 funeral procedures before being eligible to take
the examination again.
(2) The costs associated with re-taking the
examination shall be the responsibility of the apprentice.
(3) Notwithstanding subsection (1), where upon
an application to the board it is shown that the failures were due to illness
or death in the family the board may allow the apprentice to take the exam a
subsequent time without meeting the requirements of subsection (1).
Embalmer's
licence
15. The board shall grant an embalmer licence to
a person who
(a) submits an application to the board in the
form prescribed by the board;
(b) attains a grade of at least 70% in the
written qualifying examination;
(c) completes the practical examination to the
satisfaction of the examiner; and
(d) pays the fee prescribed by the board.
Funeral
director's licence
16. (1) The board shall grant a funeral director licence to a
person who
(a) submits an application to the board in the
form prescribed by the board;
(b) attains a grade of at least 70% in the
written qualifying examination; and
(c) pays the fee prescribed by the board.
(2) A funeral director shall not operate other
than from a licensed funeral home and may not operate more than one funeral
home.
Funeral home
licence
17. (1) The board shall grant a funeral home
licence to a person who
(a)
submits an application to the board in
the form prescribed by the board;
(b) has the facilities and equipment prescribed
by the board; and
(c)
pays the fee prescribed by the board.
(2) Whenever a person, firm, partnership,
association or corporation carrying on the business of a funeral home in the
province operates a number of separate establishments or branches in different
cities or towns, a separate manager who is a licensed funeral director shall
be employed for each establishment or branch and all funeral services carried
out by that establishment or branch shall be conducted by a licensed funeral
director.
Permits
18. (1) A
permit issued under section 33 of the Act shall be subject to those terms and
conditions prescribed by the board.
(2) A permit holder shall pay a fee prescribed
by the board.
Renewal of
licence
19. (1) An
embalmer or funeral director who
(a) holds a licence under these regulations;
(b) makes application to the registrar before
January 2 in each year;
(c) complies with the continuing education
requirements prescribed by the board; and
(d) pays the annual fee prescribed by the board
may have his or her licence renewed for
the ensuing year.
(2) A funeral home or permit holder who
(a) holds a licence or permit under these
regulations;
(b) makes application to the registrar before
January 2 in each year; and
(c) pays the annual fee prescribed by the board
may have a licence or permit renewed for
the ensuing year.
Lapsed licences
20. An
embalmer or funeral director who has allowed his or her licence to lapse for
a period of 2 years or longer shall demonstrate to the satisfaction of the
board that he or she is qualified to do the work of an embalmer or funeral
director by being required to attend a refresher course and taking the
examinations set by the board.
Filing of an
allegation
21. (1) Within
30 days of receipt of an allegation the respondent shall be notified in
writing that an allegation has been received.
(2) A respondent shall have 30 days from the
notification of the allegation to respond to the complainant’s allegation.
(3) The chairperson of the complaints
authorization committee shall inform the respondent and the complainant
within 120 days of receipt of the allegation whether the committee intends to
conduct an investigation of the allegation under section 19 of the Act.
Appointment of
an adjudication tribunal
22. An
adjudication tribunal shall be appointed within 30 days of the receipt of the
charges by the disciplinary panel.
Adjudication
tribunal hearing date
23. (1) An
adjudication tribunal shall set a hearing date at the later of
(a) 120 days after the decision of the
complaints authorization committee that grounds exist to start a disciplinary
proceeding; or
(b) 90 days after the complaint is referred to
the disciplinary panel.
(2) With the agreement of the respondent and the
board, the chairperson of the adjudication tribunal may extend a period
referred to in subsection (1).
Decision of the
adjudication tribunal
24. The
written decision and orders of an adjudication tribunal shall be provided to
the board and the respondent within 90 days of the completion of the hearing
of the complaint by the adjudication tribunal.
CNLR 1106/96
Rep.
25 The Embalmers
and Funeral Directors Licensing Regulations, Consolidated
Newfoundland and Labrador Regulation 1106/96, are repealed.
Commencement
26. These regulations shall come into force on January
1, 2010.
©Earl G. Tucker, Queen's Printer
(Includes
Correction of Jan. 8/10)