Subchapter III. Other Provisions
TITLE 24
Professions and Occupations
CHAPTER 31. FUNERAL SERVICES
Subchapter III. Other Provisions
§ 3117. Funeral establishment permit; circumstances for termination and continuation.
(a) Upon completion of an application provided by the Board, payment of the appropriate fee, and fulfillment of all standards set by the Board by regulation, the Board shall issue a funeral establishment permit when the applicant provides evidence, verified by oath, that the establishment meets the following requirements:
(1) That funeral services shall be conducted from a building that meets the requirements of a funeral establishment as defined in § 3101(6) of this title.
(2) That the funeral establishment shall have in charge full time therein a person licensed in accordance with this chapter; provided however, that this paragraph shall not apply to funeral establishments maintained, operated or conducted prior to September 6, 1972.
(3) That the property on which the funeral establishment is located shall be properly zoned by the local zoning authority.
(4) That the funeral establishment has acquired all appropriate business licenses issued by the State Division of Revenue.
(b) No person shall conduct, maintain, manage or operate a funeral establishment unless a permit for each such establishment has been issued by the Board. Violation of this subsection shall constitute grounds for discipline. A funeral establishment permit shall be conspicuously displayed in said funeral establishment. In case of funeral services held in any private residence, church or lodge hall, no permit shall be required.
(c) All funeral establishment permits shall be renewed biennially in a manner determined by the Division, and shall be accompanied by a fee determined by the Division pursuant to § 3110 of this title. All permits shall list the name of the licensed full-time funeral director in charge of the establishment.
(d) The applicant to whom the establishment permit has been issued shall not permit the unauthorized practice of funeral services, personally or by agents, on or off the premises of said funeral establishment.
(e) In the event of the death, disability or circumstance that prevents the direct supervision and management by the funeral director of the funeral establishment, said permit is void, except under the following conditions:
(1) Where a funeral establishment has been operated by a funeral director under the director's license, the director's estate may continue the funeral establishment under the supervision and management of a licensed funeral director of this State until such time as the estate may be settled, but for no more than 2 years after the date of the decedent's death; or
(2) Where a funeral establishment has been operated by a corporation, said corporation may continue operating and assume all responsibilities of the funeral establishment provided that an officer of the corporation is a licensed funeral director of this State. Any change in officers of the corporation shall be reported to the Board.
(f) The Board is authorized to suspend or revoke a permit, after notice and hearing, for failure to comply with this statute or any lawful regulation applicable to funeral establishments.
66 Del. Laws, c. 225, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 209, § 20; 73 Del. Laws, c. 203, §§ 1, 2.;
§ 3118. Exemptions.
(a) Nothing in this chapter shall be construed to prevent persons licensed to practice in any other state, district, territory or foreign country who, as practicing funeral directors, enter this State to transport and/or bury human remains or to consult with a funeral director of this State. Such consultation shall be limited to examination, recommendation or testimony in litigation.
(b) Nothing in this chapter shall be construed to prevent the practice of funeral services by any student of an accredited school or college of funeral services, or any intern duly registered with the Board, from receiving practical training under the personal supervision of a licensed funeral director in this State.
(c) Nothing in this chapter shall be construed to prevent the practice of funeral services by any funeral director commissioned by any of the armed forces of the United States, or by the Public Health Service; provided, that practice as a funeral director is limited to the confines of a military reservation or Public Health Service facility.
(d) Nothing in this chapter shall be construed to prevent the practice of funeral services by individuals performing the administrative and management aspects of funeral services under the direct supervision of a license funeral director; provided, that any sales of goods and services must be reviewed and authorized by, and under the signature of, the licensed funeral director in this State.
66 Del. Laws, c. 225, § 1; 71 Del. Laws, c. 460, § 1.;
§ 3119. Interference with free choice of funeral establishment; operating mortuary in cemetery; accepting fees from cemeteries.
No person licensed for the practice of funeral services, nor any person acting on behalf of the licensee shall:
(1) Take part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a funeral establishment, except where the body or a part thereof is given for anatomical purposes;
(2) Operate a mortuary or funeral establishment located within the confines of, or connected with, any cemetery; or
(3) Receive or accept any commission, fee, remuneration or benefit of any kind from any cemetery, mausoleum or crematory, or from any proprietor or agent thereof, in connection with the sale or transfer of any cemetery lot, entombment vault, burial privilege or cremation, nor act, directly or indirectly, as a broker or jobber of any cemetery property or interest therein.
24 Del. C. 1953, § 3111; 58 Del. Laws, c. 415, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 460, § 1.;
§ 3120. Interstate transportation of human remains.
(a) Under circumstances where human remains are to be interred outside of this State, the custodian of those remains must obtain, for the nonresident funeral director, an interstate transportation of human remains form, prior to surrendering said remains to a nonresident funeral director. The temporary interstate transportation of human remains form shall be designated by the Office of Vital Statistics and contain the following information:
(1) The complete legal name and address of the deceased.
(2) The certificate or license number and state of issuance of the certificate number of the transporting nonresident funeral director.
(3) The complete address of the transporting nonresident funeral director.
(4) The carrier vehicle identification or registration number of the transporting vehicle.
(5) The signature of the nonresident funeral director or the director's agent.
(b) The temporary interstate transportation of human remains form shall be issued to the receiving funeral director and a copy shall be retained by the issuing funeral director.
(c) This section shall not prevent the final interstate transportation of human remains form from being incorporated into this State's death certificate.
66 Del. Laws, c. 225, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 460, § 1; 72 Del. Laws, c. 209, §§ 21-23.;
§ 3121. Cremation.
(a) Where not previously identified, human remains may not be cremated until they have been identified by either the next-of-kin, the person authorized to make funeral arrangements or the medical examiner. This subsection shall not apply to disposition of human remains by any school of anatomy, medicine or dentistry.
(b) Human remains shall be transported to a crematory using a cot or a receptacle.
66 Del. Laws, c. 225, § 1; 71 Del. Laws, c. 460, § 1.;
§ 3122. Processing human remains where investigation of death is required.
No person licensed under this chapter shall remove or embalm human remains when the person has information indicating that an investigation of death is required pursuant to § 4706 of Title 29.
66 Del. Laws, c. 225, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 460, § 1.;
§ 3123. Penalties.
(a) A person not currently licensed as a funeral director, or registered as an intern, under this chapter, when guilty of engaging in the practice of funeral services, or of acting as an intern, or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice funeral services, or to act as an intern, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense and shall pay all costs. For a second or subsequent conviction, the fine shall be not less than $1,000 nor no more than $2,000 for each offense, and the offender shall pay all costs. Superior Court shall have jurisdiction over all violations of this chapter.
(b) Where it is alleged that such violation of this section has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.
66 Del. Laws, c. 225, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 460, § 1.;