This rulemaking is MANDATORY pursuant to s. 497.386 (4), Florida Statutes: which provides as follows: "(4) The licensing authority shall establish by rule the minimal standards of acceptable and prevailing practices for the handling and storing of ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:

69K-33.001:Funeral Establishments.

PURPOSE AND EFFECT: This rulemaking is MANDATORY pursuant to s. 497.386 (4), Florida Statutes: which provides as follows: "(4) The licensing authority shall establish by rule the minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies, provided that all human remains transported or stored must be completely covered and at all times treated with dignity and respect."

SUMMARY: This rule establishes minimum standards for handling and storage of human remains.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The standards established by the rule comport with current actual minimum standards in the industry, so that no known additional costs of compliance are projected.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 497.103(1)(n), 497.386(4) FS.

LAW IMPLEMENTED: 497.386FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: June 28, 2013, 9:00 a.m.

PLACE: 332, Pepper Building, 111 W. Madison Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: LaTonya Bryant-Parker, [phone], or by email at [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Division of Funeral, Cemetery, and Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, [phone], [e-mail]. Direct any request for a hearing to Mr. Shropshire

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-33.001 Requirements regarding handling and storing of human remains Funeral Establishments.

(1) Funeral establishments shall establish a system of identification of human remains received. This system shall be designed to track the identity of the remains from the time of receipt until delivery of the remains to the authorized persons. This is in addition to the requirements for identification of human remains set forth in Section 497.171, F.S.

(2) (a) All human remains in the possession of a Chapter 497 licensee shall be refrigerated at 40 degrees Fahrenheit or below commencing 24 hours after death, unless the remains have by then been embalmed.

(b) Un-embalmed remains once placed in refrigeration shall not be removed from refrigeration, until removed for final disposition and as may be necessary for transportation, identification, viewing or similar service, or for containment or treatment as required by paragraphs (2)(g) - (i) of this rule.

(c) Human remains shall be kept completely covered while being removed or transported from the place of death to an establishment or facility licensed under Chapter 497.

(d) Human remains while held at an establishment or facility licensed under Chapter 497, shall be kept out of sight of the public, except when, with the approval of a licensed funeral director and/or embalmer, particular remains are intentionally exposed to a legally authorized person, to one or more family members of the decedent, at a viewing, or at a funeral service or burial service.

(e) As used in this rule, the term "vermin" includes all insects, insect larvae, and rodents.

(f) All human remains received at a licensed establishment or facility shall within 24 hours of receipt at the establishment or facility be inspected by the establishment's operational staff for the presence of vermin infestation, and if same is detected, the remains shall be promptly treated for containment or elimination of same; elimination, if necessary, shall be performed by a funeral director & embalmer, embalmer, or an intern or apprentice of same. Such treatment shall not constitute embalming and shall not require the approval of a legally authorized person.

(g) Embalmed remains not stored in refrigeration or entombed in a cemetery shall be inspected at least once every 48 hours by operational staff of the establishment or facility. Any vermin infestation, mold, or mildew noted on the remains shall be promptly and effectively treated for containment or elimination of same; elimination, if necessary, shall be performed by a funeral director & embalmer, embalmer , or an intern or apprentice of same.

(h) Human remains stored in refrigeration shall be inspected by operational staff of the establishment or facility at each handling and no less than monthly. Any vermin infestation, mold, or mildew noted on the remains shall be promptly and effectively treated for containment or elimination of same; elimination, if necessary, shall be performed by a funeral director & embalmer, embalmer , or an intern or apprentice of same. Such treatment shall not constitute embalming and shall not require the approval of a legally authorized person.

(i) The requirement that human remains be handled, stored, and treated by all Ch. 497 licensees with dignity and respect in accordance with Chapter 497 and rules thereunder is not contingent on payment to the licensee of amounts due for professional services by the licensee.

Rulemaking Specific Authority 497.103(1)(n), 497.380, 497.386(4) FS. Law Implemented 497.380, 497.386(4) FS. History–New 2-28-02, Formerly 61G8-33.001, Amended ________

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Shropshire, Director, Division of Funeral, Cemetery, and Consumer Services, on behalf of the Board of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services, under Chapter 497, F.S.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 9, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 15, 2013