This rulemaking is required under s. 497.386(4), FS, to establish minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

RULE NO.:RULE TITLE:
69K-33.007Requirements Regarding Handling and Storing of Human Remains
PURPOSE AND EFFECT: This rulemaking is required under Section 497.386(4), F.S., to establish minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies.
SUBJECT AREA TO BE ADDRESSED: Minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies.
RULEMAKING AUTHORITY: 497.386(4) FS.
LAW IMPLEMENTED: 497.386(4) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 4, 2013, 12:00 Noon
PLACE: Embassy Suites Jacksonville-Baymeadows, 9300 Baymeadows Road, Jacksonville, FL 32256
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, at [phone] or [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69K-33.007 Requirements Regarding Handling and Storing of Human Remains.

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

(2)  Un-embalmed remains once placed in refrigeration shall not be removed from refrigeration for more than three hours in any 24 hour period, until removed for final disposition.

(3)  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.

(4)  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, particular remains are intentionally exposed to a legally authorized person,  to one or more family members of the decedent,  or at a viewing or funeral service.

(5)  Prior to exposure of human remains  to a legally authorized person, family member, or at a viewing or service,  a licensed funeral director shall inspect the remains.

(6)  As used in this rule, the term "vermin" includes flies, fly eggs, maggots, roaches, ants, other insects, and rodents.

(7)  All human remains received at a licensed establishment or facility shall within 12 hours of receipt at the establishment or facility be inspected by a licensed funeral director or embalmer, for the presence of vermin infestation, and if same is detected, the remains shall be promptly treated for elimination of same by a licensed funeral director or embalmer. 

(8)  Embalmed remains not stored in refrigeration shall be inspected at least daily by a licensed funeral director or embalmer.  Any vermin infestation, mold, or mildew noted on the remains shall be promptly and effectively treated for elimination by a licensed funeral director or embalmer. 

(9)  Human remains stored in refrigeration shall be inspected at least weekly by a licensed funeral director or embalmer.  Any vermin infestation, mold, or mildew noted on the remains shall be promptly and effectively treated for elimination by a licensed funeral director or embalmer. 

(10)  The requirement that human remains be treated by all ch. 497 licensees with dignity and respect, is not contingent on payment to the licensee of amounts due for professional services by the licensee. 

Rulemaking Authority 497.386 (2), (4), 497.103(7), 497.161 FS.   Law Implemented 497.386 (2), (4) FS. History-New_______.