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Newfoundland and Labrador
Regulation 2009


NEWFOUNDLAND AND LABRADOR REGULATION 116/09

NEWFOUNDLAND AND LABRADOR
REGULATION 116/09

Embalmers and Funeral Directors Regulations
under the
Embalmers and Funeral Directors Act, 2008

(Filed December 22, 2009)

Under the authority of section 10 of the Embalmers and Funeral Directors Act, 2008, the Embalmers and Funeral Directors Board, with the approval of the Minister of Government Services, makes the following regulations.

Dated at St. Johnís, December 10, 2009.

Terry Green
Chairperson
Embalmers and Funeral Directors Board

Kevin O'Brien
Minister of Government Services

REGULATIONS

Analysis


††††††† 1. Short title

††††††† 2. Definition

††††††† 3. Apprenticeship of embalmers

††††††† 4. Transfer of apprenticeship agreement

††††††† 5. Duties of embalmer re apprentices

††††††† 6. Prerequisites to embalmer examinations

††††††† 7. Qualifying examination

††††††† 8. Failure of examination

††††††† 9. Apprenticeship of funeral directors

††††† 10. Transfer of apprenticeship agreement

††††† 11. Duties of funeral director re apprentice

††††† 12. Prerequisites to funeral director examinations

††††† 13. Qualifying examination

††††† 14. Failure of examination

††††† 15. Embalmer's licence

††††† 16. Funeral director's licence

††††† 17. Funeral home licence

††††† 18. Permits

††††† 19. Renewal of licence

††††† 20. Lapsed licences

††††† 21. Filing of an allegation

††††† 22. Appointment of an adjudication tribunal

††††† 23. Adjudication tribunal hearing date

††††† 24. Decision of the adjudication tribunal

††††† 25. CNLR 1106/96 Rep.

††††† 26. Commencement


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 complainantís 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.