Ga. Comp. R. & Regs. Dept. 250 | Ga. Comp. R. & Regs. Department 250 — Rules of Georgia State Board of Funeral Service

Chapter 250-1 Organization

Ga. Comp. R. & Regs. r. 250-1-.01 Organization of Board

The Board shall be composed of seven (7) members who are appointed by the Governor. The seven (7) members shall be constituted as follows: six (6) members, each of whom is a licensed and practicing funeral director and embalmer with a minimum of five (5) years as such in this state immediately prior to appointment, plus one (1) consumer advocate member who shall have no connection whatsoever with the funeral service industry. Each member shall be appointed by the Governor for a term of six (6) years.

History

Authority: O.C.G.A. § 43-18-21
History. Original Rule entitled "Organization of Board" was filed and effective on June 30, 1965.
Repealed: New Rule, same title, adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. July 19, 2017; eff. August 8, 2017.

Ga. Comp. R. & Regs. r. 250-1-.02 Officers

Each year the Board shall elect a President and Vice-President at the first meeting on or after April 1.

History

Authority: Ga. L. 1950, pp. 238, 242; O.C.G.A. Sec. 43-18-22
History. Original Rule entitled "Meetings" was filed and effective on June 30, 1965.
Repealed: New Rule entitled "Officers" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. May 1, 1998; eff. May 21, 1998.

Ga. Comp. R. & Regs. r. 250-1-.03 Meetings

Meetings of the Board shall be held at 237 Coliseum Drive, Macon, Georgia 31217, Professional Licensing Boards Division, unless another meeting location is requested by the President and approved by the Division Director. Special meetings may be called at the discretion of the President. A majority of the appointed members of the Board shall constitute a quorum for the transaction of business.

History

Authority: O.C.G.A. Sec. 43-1-2
History. Original Rule entitled "Meetings" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.

Ga. Comp. R. & Regs. r. 250-1-.04 Restrictions on Board Members' Activities

(1) No Board member shall participate in the deliberation or the vote on licensure or registration of any applicant who is employed by, was previously employed by, or is being hired by that Board member.

(2)

No Board member shall participate in the deliberation or the vote on licensure or registration of any applicant:

(a) who is known to be a relative of that Board member; or

(b) with whom that Board member has a personal relationship which could affect the Board member's judgment.

(3)

No Board member shall participate in the deliberation or the vote on licensure for any establishment, organic human reduction facility, or crematory in which the member has an ownership or management interest.

(a) For purposes of administering this rule, "ownership" is determined by whether the Board member has authority and responsibility for making decisions concerning the operations of the organization as a whole. "Ownership" does not include holding an insignificant equity ownership, such as in common stocks and bonds; and

(b) For purposes of administering this rule, "management interest" is determined by whether the Board member has direct management responsibilities for the establishment involved in the vote or deliberation.

History

Authority: O.C.G.A. §§ 43-1-25, 43-18-23
History. Original Rule entitled "Restrictions on Board Members' Activities" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Repealed: New Rule of same title adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-1-.05 Public Information

The public may obtain information that is subject to the Open Records Act from the Board and submit requests to the Board by contacting the Board office at 237 Coliseum Drive, Macon, Georgia 31217.

History

Authority: O.C.G.A. Secs. 43-18-2, 50-14-1, 50-18-70
History. Original Rule entitled "Public Information" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992. Amended: F. Aug. 16, 2002; eff. September 5, 2002.

Chapter 250-2 Procedural Rules

Ga. Comp. R. & Regs. r. 250-2-.01 Procedural Rules

The Georgia State Board of Funeral Service hereby adopts by reference as its permanent rules Chapters 295-3 through 295-13, and any future amendments thereto.

History

Authority: O.C.G.A. Sec. 43-1-2, 43-18-23
History. Original Rule entitled "Applications" adopted. F. and eff. June 30, 1965.
Amended: F. Dec. 29, 1978; eff. Jan. 18, 1979.
Repealed: New Rule of same title adopted. F. June 28, 1983; eff. July 18, 1983.
Amended: F. Nov. 7, 1983; eff. Nov. 27, 1983.
Repealed: New Rule entitled "Applications: Embalmer, Funeral Director" adopted. F. Jan. 31, 1984; eff. Feb. 20, 1984.
Repealed: New Rule of same title adopted. F. July 22, 1985; eff. August 11, 1985.
Repealed: New Rule entitled "Procedural Rules" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.

Ga. Comp. R. & Regs. r. 250-2-.02 Repealed

History

Authority: O.C.G.A. Secs. 43-18-23, 43-1-2
History. Original Rule entitled "Examinations" was filed and effective on June 30, 1965.
Amended: Rule repealed and a new Rule of same title adopted. Filed May 9, 1983; effective May 29, 1983.
Amended: Rule repealed and a new Rule of same title adopted. Filed January 31, 1984; effective February 20, 1984.
Amended: Rule repealed and a new Rule of same title adopted. Filed July 22, 1985; effective August 11, 1985.
Repealed: F. Dec. 18, 1991; eff. Jan. 7, 1992.

Ga. Comp. R. & Regs. r. 250-2-.03 Repealed

History

Authority: O.C.G.A. Secs. 43-18-23, 43-1-2
History. Original Rule entitled "Fees" was filed and effective on June 30, 1965.
Amended: Filed May 3, 1973; effective May 23, 1973.
Amended: Rule repealed and a new Rule entitled "Fees, Generally" adopted. Filed December 29, 1978; effective January 18, 1979.
Amended: Rule repealed a new Rule of same title adopted. Filed June 28, 1983; effective July 18, 1983.
Amended: Rule repealed and a new Rule of same title adopted. Filed January 31, 1984; effective February 20, 1984.
Amended: Rule repealed and a new Rule entitled "Fees" adopted. Filed July 22, 1985; effective August 11, 1985.
Repealed: F. Dec. 18, 1991; eff. Jan. 7, 1992.

Ga. Comp. R. & Regs. r. 250-2-.04 Repealed

History

Authority: O.C.G.A. Secs. 43-18-23, 43-1-2
History. Original Rule entitled "Penalty for Late Renewals" was filed on May 3, 1973; effective May 23, 1973.
Amended: Filed December 29, 1978; effective January 18, 1979.
Amended: Rule repealed and a new Rule of same title adopted. Filed June 28, 1983; effective July 18, 1983.
Amended: Rule repealed. Filed January 31, 1984; effective February 20, 1984.

Chapter 250-3 Fees

Ga. Comp. R. & Regs. r. 250-3-.01 Fees

Refer to fee schedule for appropriate fees payable to the Board. Fees may be reviewed and changed at the discretion of the Board. Any request for refund must be submitted in writing. An indebtedness to the Board caused by a return check will be dealt with in accordance with Code Section 16-9-20 of the Criminal Code of Georgia.

History

Authority: O.C.G.A., Secs. 43-18-70, 43-18-71, 43-1-7; 43-18-23
History. Original Rule entitled "Funeral Homes Rules and Regulations" was filed and effective an June 30, 1965.
Amended: Filed January 21, 1977; effective February 10, 1977.
Amended: Rule repealed and a new Rule of same title adopted. Filed February 11, 1983; effective March 3, 1983.
Amended: Rule repealed and a new Rule of same title adopted. Filed July 22, 1985,effective August 11, 1985.
Repealed: New Rule entitled "Fees" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.

Chapter 250-4 Apprenticeship

Ga. Comp. R. & Regs. r. 250-4-.01 Americans With Disabilities Act

The Board will provide reasonable accommodation to a qualified applicant with a disability in accordance with the Americans With Disabilities Act. The request for an accommodation by an individual with a disability must be made in writing and received in the Board office by the application deadline along with appropriate documentation, as indicated in the Request for Disability Accommodation Guidelines.

History

Authority: O.C.G.A. Secs. 43-1-2, 43-1-19(a)(2), 43-18-23, 43-18-50
History. Original Rule entitled "Requirements for Apprenticeship" was flied on May 3, 1973; effective May 23, 1973.
Amended: Rule repealed and a new Rule of the same title adopted. Filed June 29, 1983; effective July 19, 1983.
Repealed: New Rule entitled "Registration" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 23, 1992; eff. Nov. 12, 1992.
Repealed: New Rule entitled "Americans With Disabilities Act" adopted. F. Mar. 22, 1993; eff. Apr. 11, 1993.

Ga. Comp. R. & Regs. r. 250-4-.02 Apprentice Registration. Amended

(1)

An apprentice must be currently registered with the Board in order to receive credit for time served as an apprentice. An applicant for registration as a funeral service apprentice must:

(a) be at least 18 years of age;

(b) at a minimum, is a high school graduate or holder of a General Education Development (GED) certification of high school equivalency;

(c) file an application on a form available from the Board; this application must be verified by oath and be accompanied by the registration fee. This application shall ask questions regarding the applicant's conviction of a felony or misdemeanor and violations or sentences under the First Offender Act.

(d) designate the specific funeral director and/or embalmer under whom the applicant will be apprenticing. The supervisor must be approved by the Board as specified in Rule 250-4-.05 ;

(e) designate the specific establishment in the State of Georgia at which the applicant will be apprenticing. The establishment must be approved by the Board as specified in Rule 250-4-.05 and must have conducted an average of at least thirty (30) funerals per year over the preceding five (5) years; and

(f) submit an application for registration at least fifteen (15) business days prior to a Board meeting, and the Board's acceptance or rejection of each application shall be by majority vote of the entire Board. An application for registration shall be viewed only after it is complete.

History

Authority: O.C.G.A. §§ 43-1-19; 43-1-25, 43-18-23, 43-18-50, 43-18-51, 43-18-54
History. Original Rule entitled "Computation of Service as an Apprentice; Reports" adopted. F. May 3, 1973; eff. May 23, 1973.
Repealed: New Rule entitled "Serving of Apprenticeship" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Repealed: New Rule entitled "Registration" adopted. F. Mar. 22, 1993; eff. Apr. 11, 1993.
Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.
Amended: New title "Apprentice Registration. Amended." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Note: Correction of a recently discovered non-substantive typographical error in subparagraph (b) as requested by the Board, "at a minimum, be is a high school graduate or holder of a General Education Development (GED) certification of high school equivalency;" corrected to "at a minimum, is a high school graduate or holder of a General Education Development (GED) certification of high school equivalency;" (i.e., deletion of the word "be"). Effective August 5, 2021.

Ga. Comp. R. & Regs. r. 250-4-.03 Serving of Apprenticeship

(1)

Hours and Duration. An apprenticeship period consists of 3,120 hours served in a time period of no less than eighteen (18) months as defined in O.C.G.A. §

43-18-50(c)

(a) This period shall be measured from the date the application is approved by the Board.

(b) The (18) eighteen-month minimum is in addition to the time required to graduate from a college of funeral service accredited by the American Board of Funeral Service Education or other college specifically approved by the Board.

(c) An apprentice shall be allowed to serve a maximum of four (4) hours per day for credit towards completion of the apprenticeship period while enrolled in college.

(2) Business Hours. For purposes of apprenticeship, regular business hours are the hours between 8:00 A.M. and 10:00 P.M.

(3) Sleeping. An apprentice shall not count hours spent sleeping in a funeral establishment toward the hours of requirement, even if the time spent sleeping occurs during the regular business hours as defined in Rule 250-4-.03(2) .

(4) Reports. Every six (6) months, each apprentice shall furnish to the Board the details of the hours spent in employment as an apprentice on forms approved by the Board. After completing the 3,120 hours for apprenticeship within the specified period, the apprentice shall send the last report to the Board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer. The report will specify the number of bodies which the apprentice has assisted with embalming and the number of funerals in which the apprentice has assisted. This report shall be kept current and made available for inspection upon request.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-18-23, 43-18-50, 43-18-51, 43-18-54
History. Original Rule entitled "Full-Time Apprenticeship" adopted. F. May 3, 1973; eff. May 23, 1973.
Repealed: New Rule entitled "Fees and Renewal" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Repealed: New Rule entitled "Serving of Apprenticeship" adopted. F. Mar. 22, 1993; eff. Apr. 11, 1993.
Amended: F. Feb. 17, 1999; eff. Mar. 9, 1999.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.
Repealed: New Rule with same title adopted. F. July 24, 2012; eff. August 13, 2012.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-4-.04 Apprentice Fees and Renewal

(1) Each apprenticeship registration expires on March 31 of even-numbered years.

(2) Renewal. An apprenticeship registration may be renewed for a two-year period and requires submission of an application and fee (see fee schedule), due and payable by March 31 of even-numbered years.

(3) Late Renewal with Penalty. An expired apprentice registration may be renewed between April 1 and April 30 of the renewal year with submission of a renewal form and a penalty fee in addition to the regular renewal fee. The applicant for renewal may not practice as an apprentice during the late renewal period, nor will any hours be credited during the late renewal period.

(4) Revocation. A registration that is not renewed prior to May 1 of the renewal year shall result in revocation of the registration. Hours served after revocation and prior to reinstatement may not be counted toward the 3,120 hour requirement for an apprenticeship.

(5) Reinstatement. An apprentice whose registration has been revoked for failure to renew a registration, within one (1) year of the registration expiration date, may apply for reregistration with submission of an application, renewal fee, and penalty fee. The Board reserves the right to refuse to reinstate a registration and shall not reinstate a registration more than twice.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-18-23, 43-18-50, 43-18-51, 43-18-54
History. Original Rule entitled "Part-Time Apprenticeship" adopted. F. May 3, 1973; eff. May 23, 1973.
Repealed: New Rule entitled "Board-Approved Supervisor" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Repealed: New Rule entitled "Fees and Renewal" adopted. F. Mar. 22, 1993; eff. Apr. 11, 1993.
Amended: F. May 1, 1998; eff. May 21, 1998.
Amended: F. Feb. 17, 1999; eff. Mar. 9, 1999.
Repealed: New Rule of same title adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: New title "Apprentice Fees and Renewal." F. Oct. 18, 2018; eff. Nov. 7, 2018.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-4-.05 Board-approved Supervisor

(1)

An apprenticeship must be served under one (1) or more Board-approved supervisors. A board-approved supervisor shall be either:

(a) an individual who is currently licensed by the State of Georgia as a funeral director and embalmer; or

(b) two (2) individuals, one (1) of whom is currently licensed by the State of Georgia as a funeral director and the other of whom is currently licensed by the State of Georgia as an embalmer.

(2)

An embalmer and/or funeral director seeking Board approval to serve as a supervisor:

(a)

must be employed, either full time or as a trade embalmer, at an establishment approved by the Board as an apprentice site. In addition to any other requirements, a trade embalmer seeking approval as a supervisor:

1. must embalm at the establishment where the apprentice is registered;

2. can only supervise four (4) apprentices in total; and

3. must appear before the Board for approval.

(b) must have been employed as a licensee for at least three (3) years;

(c) must provide direct supervision which shall mean that the embalmer, funeral director, or both, are present on the premises overseeing the activities of the apprentice.

(d) is responsible for ensuring that the apprentice complies with the Rules and Regulations of the Board while under supervision; and

(e) may not provide concurrent supervision to more than four (4) apprentices without Board approval.

(3) The Board may withdraw approval of a supervisor based upon evidence of the inability to supervise an apprentice properly or upon other relevant considerations.

(4) A licensee who becomes unable to continue to supervise must notify the Board within five (5) days of the last date of service as a provider of supervision.

(5) An apprentice may receive credit for hours served only if the supervisor has current Board approval. An apprentice serving under a licensee whose approval to supervise has been withdrawn or who is unable to continue to supervise may apply to the Board to apprentice under a different Board-approved supervisor without paying an additional fee for Change of Supervisor.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-18-50 to 43-18-54
History. Original Rule entitled "Board-approved Establishment", adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: Rule entitled "Board-approved Supervisor" renumbered from 250-4-.04. F. Mar. 22, 1993; eff. Apr. 11, 1993.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.

Ga. Comp. R. & Regs. r. 250-4-.06 Board-approved Apprenticeship Establishment

(1)

An apprenticeship must be served at a Board-approved establishment. An establishment, to become a Board-approved establishment, must:

(a) have a valid Georgia funeral establishment license;

(b) have no unresolved inspection violations; and

(c) certify that an average of at least thirty (30) bodies per year have been embalmed at the establishment over the preceding five (5) years. Funeral establishments which have been in business for less than five (5) years or have averaged less than thirty (30) embalmed bodies per year must have embalmed at least one hundred fifty (150) bodies.

(2) An establishment may qualify for one (1) apprentice for each thirty (30) bodies it embalms each year. An establishment which embalms less than thirty (30) bodies per year may only have one (1) apprentice.

(3) The Board may withdraw approval of an establishment if it deems the establishment to be inappropriate for apprenticeship training. An apprentice serving at an establishment whose approval is withdrawn shall receive notification thereof at least sixty (60) days prior to the effective date of withdrawal and may not receive credit for any hours served at the establishment after said sixty (60) days. The apprentice may apply to the Board to serve at a Board-approved establishment without paying an additional fee for change of location.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-18-50 to 43-18-54
History. Rule entitled "Board-approved Establishment" renumbered from 250-4-.05. F. Mar. 22, 1993; eff. Apr. 11, 1993.
Amended: New title "Board-approved Apprenticeship Establishment." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.

Chapter 250-5 Personal Licensure

Ga. Comp. R. & Regs. r. 250-5-.01 General Requirements: Embalmer

(1)

An applicant for licensure as an embalmer must satisfy the following requirements:

(a) be at least 18 years of age at the time of application;

(b) be of good moral character; and

(2)

An applicant for licensure as an embalmer shall make application to the Board on forms approved by the Board, shall submit the appropriate fee, and shall provide the following:

(a) proof of graduation from a college of funeral service accredited by the American Board of Funeral Service Education or other college specifically approved by the Board.

(b) proof of 3,120 hours of service as an apprentice as specified in Rule 250-4-.02 and in O.C.G.A. Section 43-18-50 ; and

(c) an affidavit which states that the apprentice assisted in embalming at least fifty (50) bodies and which specifies the names and dates of death.

(3) An application for licensure as an embalmer shall be reviewed by the Board only after it is complete. This application shall ask questions regarding the applicant's conviction of a felony or misdemeanor and violations or sentences under the First Offender Act. A completed application must be submitted at least fifteen (15) days prior to a Board meeting, and the Board shall accept or reject each application by majority vote.

History

Authority: O.C.G.A. §§ 43-1-19; 43-1-25; 43-18-23; 43-18-40; 43-18-50
History. Original Rule entitled "Procedural Rules" adopted. F. July 26, 1976; eff. August 15, 1976.
Repealed: New Rule entitled "General Requirements: Embalmer" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 23, 1992; eff. Nov. 12, 1992.
Amended: F. Oct. 20, 1995; eff. Nov. 9, 1995.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.02 Licensure by Examination: Embalmer

(1) An applicant for licensure as an embalmer must attain a passing score, as determined by the Board, on the Funeral Service Science Examination of the National Conference of Funeral Service Examining Boards. Any examination fee which may be required shall be paid directly to the Conference. An individual may take the Funeral Service Science and Funeral Service Arts Examinations of the National Conference on the same date.

(2) Veterans who qualify for Veterans Preference Points may have additional points added to their score. Information on points may be obtained from the Board office.

(3) An applicant for licensure as an embalmer must direct the National Conference to provide the Board with certification that the applicant passed the Funeral Service Science Examination.

History

Authority: O.C.G.A. §§ 43-1-25; 43-18-23; 43-18-40; 43-18-46
History. Original Rule entitled "Licensure by Examination: Embalmer" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Feb. 11, 2000; eff. Mar. 2, 2000.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.03 Licensure by Reciprocity or Endorsement: Embalmer

The Board may consider licensure by reciprocity without the requirement of taking the National Examination and upon payment of the appropriate fee, to any person licensed as an embalmer by another State, territory, or country, or by the District of Columbia.

(1)

An applicant for licensure as an embalmer by reciprocity must successfully pass an examination approved by the Board which tests knowledge of the laws of this state relating to funeral directors and:

(a) must satisfy the requirements listed in Rule 250-5-.01 above; or

(b) must hold a valid embalmer's license in a jurisdiction whose requirements for licensure as an embalmer are substantially equal to the requirements for licensure as an embalmer in Georgia; and

(c) an embalmer licensed by endorsement cannot be issued a license on the basis of another reciprocal or endorsement license.

(d) An applicant who cannot meet the requirements of (a) or (b) in this rule may be issued a license as an embalmer by endorsement upon submission of documentation from an employer attesting that the applicant has been engaged in the active practice of funeral service as a licensed embalmer and funeral director for a minimum of three (3) years immediately preceding the submission of an application for licensure in Georgia, in accordance with the provisions of O.C.G.A. § 43-18-42(a)(2) . For the purposes of this rule,"immediately preceding" shall mean that the applicant must submit the appropriate application to the Board office within six (6) months of leaving the state in which he or she has been actively engaged in the active practice of funeral service.

History

Authority: O.C.G.A. §§ 43-1-19; 43-1-25; 43-18-23; 43-18-40; 43-18-42; 43-18-46
History. Original Rule entitled "Licensure by Endorsement: Embalmer" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Jul. 24, 2012; eff. Aug. 13, 2012.
Amended: New title "Licensure by Reciprocity or Endorsement: Embalmer." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.04 General Requirements: Funeral Director

(1)

An applicant for licensure as a funeral director must satisfy the following requirements:

(a) be at least 18 years of age at the time of application;

(b) be of good moral character; and

(2)

An applicant for licensure as a funeral director shall make application to the Board on forms approved by the Board, shall submit the appropriate fee, and shall provide the following:

(a) proof of valid licensure as an embalmer in the State of Georgia; and

(b) an affidavit stating that, as an apprentice, the applicant assisted with at least fifty (50) funerals; the affidavit shall also specify the names of the deceased and dates of death.

(3) An application for licensure as a funeral director shall be reviewed by the Board only after it is complete. This application shall ask questions regarding the applicant's conviction for a felony or misdemeanor and violations or sentences under the First Offender Act. A completed application must be submitted at least fifteen (15) days prior to a Board meeting, and the Board shall accept or reject each application by majority vote.

History

Authority: O.C.G.A. §§ 43-1-19; 43-1-25; 43-18-23; 43-18-41; 43-18-46
History. Original Rule entitled "General Requirements: Funeral Director" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 23, 1992; eff. Nov. 12, 1992.
Amended: F. Oct. 20, 1995; eff. Nov. 9, 1995.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.05 Licensure by Examination: Funeral Director

(1) An applicant for licensure as a funeral director must attain a passing score, as determined by the Board, on both the Funeral Service Science and Funeral Service Arts Examinations of the National Conference of Funeral Service Examining Boards. Any examination fee which may be required shall be paid directly to the Conference. An individual may take the Funeral Service Science and Funeral Service Arts Examination of the National Conference on the same date.

(2) An applicant for licensure must direct The Conference to provide the Board with certification that the applicant passed both examinations.

(3) An applicant for a funeral director license on or after January 1, 1991, must also pass the Board-approved Jurisprudence Examination which covers state laws regarding funeral directing.

History

Authority: O.C.G.A. §§ 43-1-25; 43-18-23; 43-18-41; 43-18-46
History. Original Rule entitled "Licensure by Examination: Funeral Director" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Jan. 30, 1996; eff. Feb. 19, 1996.
Amended: F. Feb. 11, 2000; eff. Mar. 2, 2000.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.06 Licensure by Endorsement: Funeral Director

(1)

The Board may, upon payment of the appropriate fee and without the requirement of taking the national examination, issue a funeral director license to any person licensed as a funeral director by another State territory, or country, or by the District of Columbia. An applicant for licensure as a funeral director by endorsement must pass the Board-approved Jurisprudence Examination on Georgia law regarding funeral directing on or after January 1, 1991, and either:

(a) satisfy the requirements listed in Rule 250-5-.04 above, or

(b) hold a valid funeral director's license in a jurisdiction whose requirements for licensure as a funeral director are substantially equal to the requirements for licensure as a funeral director in Georgia.

(2) No embalmer or funeral director license issued by endorsement may be issued on the basis of another reciprocal or endorsement license.

(3) An applicant who cannot meet the requirements of (1)(a) or (1)(b) in this rule may be issued a license as a funeral director by endorsement upon submission of documentation from an employer attesting that the applicant has been engaged in the active practice of funeral service as a licensed embalmer and funeral director for a minimum of three (3) years immediately preceding the submission of an application for licensure in Georgia, in accordance with the provisions of O.C.G.A. § 43-18-42(a)(2) . For the purposes of this rule,"immediately preceding" shall mean that the applicant must submit the appropriate application to the Board office within six (6) months of leaving the state in which he or she has been actively engaged in the active practice of funeral service.

History

Authority: O.C.G.A. §§ 43-1-25; 43-18-23; 43-18-42; 43-18-46
History. Original Rule entitled "Licensure by Examination: Funeral Director" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Jul. 24, 2012; eff. Aug. 13, 2012.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.07 Display of Licenses

(1) Each person licensed by the Board must display their license conspicuously in the principal funeral establishment where employed.

(2) A trade embalmer or funeral director who works in more than one establishment must display a duplicate photocopy of their license in each establishment or crematory in which the trade embalmer works.

History

Authority: O.C.G.A. §§ 43-1-25; 43-18-23; 43-18-44
History. Original Rule entitled "Display of Licenses" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.08 Transferability of License

An embalmer or funeral director license is neither transferable nor assignable to any other individual.

History

Authority: O.C.G.A. §§ 43-1-25; 43-18-23; 43-18-45
History. Original Rule entitled "Transferability of License" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.

Ga. Comp. R. & Regs. r. 250-5-.09 Renewal

(1) An initial embalmer or funeral director license shall become effective upon issuance of a license number by the Board.

(2) Each embalmer or funeral director license expires on March 31 of even-numbered years. Licenses may be renewed with the submission of a renewal application plus renewal fee prior to expiration. If you are licensed as an embalmer and funeral director, you must renew your embalmer's license in order to renew your funeral director's license.

(3) During the period between April 1 and April 30 immediately following the expiration of a license, the license may be renewed upon submission of a penalty fee in addition to the regular renewal fee and application.

History

Authority: O.C.G.A. Sacs. 43-18-43, 43-1-19(1)
History. Original Rule entitled "Renewal" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 20, 1995; eff. Nov. 9, 1995.
Amended: F. May 1, 1998; eff. May 21, 1998.

Ga. Comp. R. & Regs. r. 250-5-.10 Revocation and Reinstatement - Embalmer; Funeral Director

(1) Failure to renew an embalmer or funeral director license prior to May 1 of the renewal year shall have the same effect as revocation. Any consideration for license reinstatement shall be at the discretion of the Board and shall require submission of a reinstatement application and reinstatement fee.

(2) The Board in its discretion may reinstate a funeral director license upon receipt of an application, evidence of completion of twelve (12) hours of approved continuing education for any applicant who is under 65 years of age and appropriate fees as noted on the Fee Schedule. Additionally, a person applying for reinstatement more than two (2) years after the expiration date of the license shall be required to retake and pass the Board-approved Jurisprudence Examination on Georgia law regarding funeral directing.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-22, 43-1-25, 43-18-23, 43-18-48, 43-18-49, 43-18-55, 43-18-56
History. Original Rule entitled "Revocation and Reinstatement" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Apr. 25, 1996; eff. May 15, 1996.
Amended: F. May 13, 1997; eff. June 2, 1997.
Amended: Rule repealed and a new Rule of same title adopted. F. May 16, 2001; eff. June 5, 2001.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. New title "Revocation and Reinstatement - Embalmer; Funeral Director." Oct. 25, 2018; eff. Nov. 14, 2018.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-5-.11 Inactive Status

A person must hold a current Georgia funeral director or embalmer license to apply for inactive status; and

(a) A funeral director or embalmer who holds a current license and who will not practice funeral directing or embalming in Georgia may apply for inactive status by completing an Application for Inactive Status and submitting the appropriate fee (see Fee Schedule) to the Board. Once the license is in Inactive Status, an embalmer or funeral director shall not practice embalming or funeral directing in the State of Georgia while that license is on Inactive Status; and

(b) To request that a license be placed on Inactive Status, the license must be in good standing and the licensee must show that they have attained the continuing education hours which will be required at their next renewal; and

(c)

A funeral director or embalmer who wishes to reactivate an Inactive Status license must submit to the Board an Application to Reactivate, appropriate fee, and documentation of continuing education:

1. If the request to reactivate is received more than two (2) years but less than four (4) years from the date on which Inactive Status was approved, the licensee must document twelve (12) continuing education hours;

2. If the request to reactivate is received four (4) or more years after the date on which Inactive Status was approved, the licensee must document twenty-four (24) continuing education hours and take and pass the State Laws and Rules Examination, notwithstanding the fact that they may have passed the Laws and Rules Examination on a prior date.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-22, 43-1-25, 43-18-23, 43-18-46, 43-18-55, 43-18-56
History. Original Rule entitled "Inactive Status" adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Nov. 6, 2018; eff. Nov. 26, 2018.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-5-.12 Continuing Education Requirements; Provider Approval

(1)

Twelve (12) hours of continuing education are required biennially (every two (2) years) to renew an embalmer or funeral director license. At the time of renewal, each licensee shall submit an Application for License Renewal and a report in writing, under oath, noting the number of hours of continuing education completed during the two (2) years preceding the renewal.

At least six (6) hours of the total twelve (12) hours required must be obtained in-person or via live webinar that is instructor led with student interaction, where student participation is monitored and verified. At least one (1) hour of the total twelve (12) hours must be in Funeral Service Ethics, and at least one (1) hour of the total twelve (12) hours must be in Cremation/Alkaline Hydrolysis/Natural Organic Reduction.

(a)

Continuing education shall be in any or all of the following subject areas:

1. FTC Funeral Rule Compliance

2. Embalming and Restorative Arts

3. Leadership and Development

4. Cremation/Alkaline Hydrolysis/Natural Organic Reduction

5. OSHA Requirements

6. Advertising/Social Media/Technology

7. Funeral Directing/Aftercare

8. Funeral Service Ethics

(2) All licensees must obtain twelve (12) hours whether they hold an embalmer license and/or funeral director license.

(3) Funeral directors or embalmers who are licensed by the Board within the second year of the renewal cycle (after April 1 of the odd numbered year) will not be required to submit continuing education hours for their first license renewal.

(4)

Hardship, Disability and Age Requirement. The continuing education requirement shall be waived for persons who hold an Inactive Status license or for licensed individuals age 65 or older; and

(a) The Board may waive the continuing education requirement in cases of hardship, disability, illness, or under such circumstances as the Board deems appropriate. The waiver must be requested in writing to the Board and must be accompanied by acceptable documentation.

(5) The Board shall be authorized to approve courses offered by educational institutions, specialty societies, professional or other organizations, or government agencies upon submission of an application and non-refundable fee. For the purpose of this rule, 'government agencies' means federal, state or local government agencies, public school systems and licensed hospitals.

(6) The Board may, in its discretion, accept continuing education hours that are approved in another state. The Board may require the licensee to submit information concerning the course(s), and proof of successful completion.

(7)

Board Approved Providers. Continuing education hours may be obtained by participating in activities sponsored by Board-Approved Providers. Board-Approved Providers shall offer programs only in the topic areas for which they have been approved. The provider shall certify the number of clock hours of educational content in each continuing education activity.

(a)

To qualify for initial approval, to renew approval or to qualify for approval in additional topic areas, a provider must submit to the Board:

1. a Funeral Service Board-Approved Continuing Education Provider Application and non-refundable fee (See fee schedule); and

2. a description of the topic areas in which the provider plans to sponsor continuing education activities; and

3. the names of all instructors currently offering continuing education activities, a description of the topic areas in which the instructor is qualified to teach along with a resume or other evidence demonstrating that each instructor is qualified in the identified topic area; and

4. program outlines, including instructors, objectives, schedules and instructional material.

(b) Board-Approved Provider status shall expire March 31 of even numbered years. The Provider must submit a new application and non-refundable application fee for the next renewal cycle. The Board retains the right to monitor continuing education programs sponsored by Board-Approved Providers and will withdraw approval from providers who do not maintain Board standard.

(8)

Board Approved Instructors. Continuing Education Instructors must meet minimum qualifications for instructor certification.

(a)

In order to qualify for initial Board approval or to renew Board approval, a provider must submit the following to the Board:

1. a Funeral Service Board Approved Instructor Application and non-refundable fee (see fee schedule); and

2. a description of the topic areas in which the instructor is qualified to teach along with a resume or other evidence demonstrating that each instructor is qualified in the identified topic area; and

3. evidence of a minimum of five (5) years supervisory experience in the Funeral Service Profession; or

4. evidence of any other experience or education which may qualify applicant for certification upon the discretion of the Board.

(b) Board-approved instructor status shall expire March 31 of even-numbered years. The instructor must submit a new application and non-refundable fee for the next renewal cycle.

(9)

Reporting and Documentation. Each licensee shall maintain documentation of their continuing education activities.

(a) Each licensee shall attest, on the biennial license renewal application, that the licensee has satisfied the continuing education requirements. Documentation of these activities shall be retained for three (3) years by the licensee and shall be provided to the Board only upon the Board's request. False attestation of satisfaction of the continuing education requirements on a renewal application may subject the licensee to disciplinary action, including license revocation; and

(b) The Board will audit a fixed percentage of the renewal applications. Licensees whose applications are audited will be required to provide documentation of having met the continuing education requirements; and

(c) An audited licensee who fails to provide the Board with acceptable documentation of the hours attested to in the renewal application shall not have their license renewed. In the event the person seeks a new license, the Board may in its discretion review and take into consideration all files, including investigative files and/or reports, related to the person and/or establishment.

History

Authority: O.C.G.A. §§ 43-1-25, 43-18-23, 43-18-46, 43-18-55, 43-18-56
History. Original Rule entitled "Continuing Education Requirements" adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: New title "Continuing Education Requirements; Provider Approval." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 25, 2018; eff. Nov. 14, 2018.
Amended: F. Feb. 10, 2023; eff. Mar. 2, 2023.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-5-.13 Military Spouses and Transitioning Service Members

(1)

As used in this rule, the following terms shall mean:

(a) "Board" means the State Board of Funeral Service.

(b) "License" means any license issued by the State Board of Funeral Service.

(d) "Military spouse" means a spouse of a service member or transitioning service member.

(e) "Service member" means an active or reserve member of the armed forces, including the National Guard.

(f) "Transitioning service member" means a member of the military on active duty status or on separation leave who is within twenty-four (24) months of retirement or twelve (12) months of separation.

(2) Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied.

History

Authority: O.C.G.A. §§ 43-1-19; 43-1-25; 43-1-34; 43-18-23; 43-18-46
History. Original Rule entitled "Military Spouses and Transitioning Service Members" adopted. F. Oct. 5, 2017; eff. Oct. 25, 2017.

Chapter 250-6 Establishment/Crematory/Organic Human Reduction Facility Licensure and Regulations

Ga. Comp. R. & Regs. r. 250-6-.01 Funeral Establishment / Crematory / Organic Human Reduction Facility Licensure Requirements

(1) A funeral establishment, organic human reduction facility or crematory may be operated only if it possesses a license valid for that establishment, organic human reduction facility or crematory. Application to the Board for licensure shall be made on a Board-approved form and shall require submission of the proper fee. The application must be complete in its entirety and must be received at least fifteen (15) days prior to the Board meeting at which it will be considered. The Board shall accept or reject each application by majority vote.

(2) A license for a funeral establishment, organic human reduction facility or crematory is issued to that particular establishment, organic human reduction facility or crematory under a specified name, at a specified location, and under a specified funeral director in full and continuous charge.

(3) An establishment shall operate only under the name in which the license was issued.

(4) A license may be issued to a funeral establishment, organic human reduction facility or crematory only if the business has a licensed Funeral Director in Full and Continuous Charge. See O.C.G.A. § 43-18-71 and Rule 250-6-.08 for the requirements concerning the Funeral Director in Full and Continuous Charge.

(5) An inspection of a funeral home, organic human reduction facility or crematory shall be made by a Board Inspector prior to licensure. Inspection must be completed after the application has been administratively reviewed, is determined to have no deficiencies, and prior to Board meeting at which it will be considered. Requirements of inspection for funeral establishment, organic human reduction facility and crematories are listed in Rule 250-6-.06 , Rule 250-6-.07 , and Rule 250-6-.10. If reinspection is required, an additional fee shall be payable prior to reinspection. Refer to Fee Schedule.

(6) A crematory or organic human reduction facility may be operated only if it possesses a separate license for such purpose.

(7) An applicant for a crematory must disclose to the Board the number and type of cremation devices at that establishment, and may not operate any other cremation devices without first notifying the Board and submitting proof to the Board of completion of Board approved training relevant to the operation of the cremation device. This training must be completed by the Funeral Director in Full and Continuous Charge, and any other employee which will operate the cremation device.

(8) An applicant for an organic human reduction facility must disclose to the Board the number and type of organic human reduction containers at that establishment, and may not use any other organic human reduction containers without first notifying the Board. All organic human reduction containers must be designed to promote aerobic reduction and minimize odors and vectors. The Funeral Director in Full and Continuous Charge for the organic human reduction facility, and any other employee which will operate the organic human reduction facility, must submit proof to the Board of completion of Board approved training relevant to the operation of the organic human reduction facility.

History

Authority: O.C.G.A. §§ 43-18-23, 43-18-71, 43-18-72
History. Original Rule entitled "Reciprocity for Funeral Director License" adopted F. Jan. 21, 1977; eff. Feb. 10, 1977.
Amended: F. Dec. 29, 1978; eff. Jan. 18, 1979.
Repealed: New Rule of same title adopted. F. Nov. 7, 1983; eff. Nov. 27, 1983.
Repealed: New Rule entitled "Reciprocity for Embalmer License" adopted. F. July 18, 1986; eff. August 7, 1986.
Repealed: New Rule entitled "Licensure Requirements" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 20, 1995; eff. Nov. 9, 1995.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.
Amended: New title "Funeral Establishment / Crematory Licensure Requirements." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: F. Aug. 24, 2022; eff. Sep. 13, 2022.
Amended: New title, "Funeral Establishment / Crematory / Organic Human Reduction Facility Licensure Requirements." F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-6-.02 Change in Name, Address, Location, Ownership, and/or Addition of Cremation Device or Organic Human Reduction Container

(1) Name. A change in the name of a funeral establishment, organic human reduction facility, or crematory shall require submission of an application and appropriate fee to the Board. Upon Board approval, a new license number shall be issued.

(2) Address or Location. A change in the address and/or location of a funeral establishment, organic human reduction facility, or crematory shall require submission of an application and appropriate fee to the Board. Upon Board approval, a new license number shall be issued.

(3) Ownership. A change of ownership of a funeral establishment, organic human reduction facility, or crematory shall require submission of an application and appropriate fee to the Board within fifteen (15) days of the change in ownership of the said funeral establishment, organic human reduction facility, or crematory. The notification must be signed by both the seller and the purchaser, and the signatures must be notarized.

(4)

Funeral Director in Full and Continuous Charge.

(a) Any change in the Funeral Director in Full and Continuous Charge must be reported to the Board in writing within five (5) days. The Board shall request the new Funeral Director in Full and Continuous Charge and the owner(s) and/or corporate officer(s) of the establishment, organic human reduction facility, or crematory to appear before the Board to determine if the requirements for a Funeral Director in Full and Continuous Charge have been met. If the owner(s) and/or corporate officer(s) are not able to appear before the Board, they may appoint a representative through written authorization on company letterhead signed by the owner and/or corporate officer to represent them before the Board for the Funeral Director in Full and Continuous Charge interview. In the event the Funeral Director in Full and Continuous Charge applicant is also an owner of that funeral or crematory establishment or organic human reduction facility, the requirement to appear before the Board may be waived; and

(b) A funeral establishment, organic human reduction facility, or crematory temporarily without a Funeral Director in Full and Continuous Charge shall notify the Board in writing within five (5) days following the last day of the funeral director's service, requesting a 90-day grace period before the establishment, organic human reduction facility, or crematory license is revoked or terminated. The Board at its discretion may grant one additional 90-day grace period upon proof of good cause, but grace periods may not total over 180 days in any two-year period starting from the first day of the first grace period. A grace period shall be terminated upon approval by the Board of a Funeral Director in Full and Continuous Charge.

(5) Destruction. A funeral establishment, organic human reduction facility or crematory temporarily destroyed by fire, flood or other natural catastrophe, shall notify the Board in writing within (5) five days following the catastrophe, requesting a 90-day grace period to use a temporary location while reconstructing the previous location, provided the establishment, organic human reduction facility, or crematory meets the requirements of the Code and Rules of the Board. The Board, at its discretion, may grant additional 90-day grace periods, upon proof of good cause. All services provided to the public during any grace period shall be provided by or under the supervision of a licensed funeral director.

(6) A licensed crematory that seeks to add a cremation device to the facility must notify the Board in writing, and may not operate any new cremation devices before passing an inspection by a representative of the Professional Licensing Boards Division and submitting proof to the Board of completion of Board approved training relevant to the operation of the cremation device. This training must be completed by the Funeral Director in Full and Continuous Charge, and any other employee who may operate the cremation device.

(7) A licensed organic human reduction facility that seeks to add an organic human reduction container to the facility must notify the Board in writing, and may not use any new organic human reduction containers before passing an inspection by a representative of the Professional Licensing Boards Division and submitting proof to the Board of completion of Board approved training relevant to the use of the organic human reduction container. This training must be completed by the Funeral Director in Full and Continuous Charge, and any other employee who may perform organic human reduction.

History

Authority: O.C.G.A. §§ 43-18-23, 43-18-71, 43-18-72
History. Original Rule entitled "Reciprocity for Embalmer License" was filed on January 21, 1977; effective February 10, 1977.
Amended: Filed December 29, 1978; effective January 18, 1979.
Amended: Rule repealed and a new Rule of same title adopted. Filed November 7, 1983; effective November 27, 1983.
Amended: Rule repealed and a new Rule entitled "Reciprocity for Funeral Director License" adopted. Filed July 18, 1986; effective August 7, 1986.
Repealed: New Rule entitled "Changes for Status Which Must be Reported" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. May 13, 1997; eff. June 2, 1997.
Repealed: New Rule of same title adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: New title "Change in Name, Address, Location or Ownership." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: New title, "Change in Name, Address, Location, Ownership, and/or Addition of Cremation Device." F. Aug. 24, 2022; eff. Sep. 13, 2022.
Amended: New title, "Change in Name, Address, Location, Ownership, and/or Addition of Cremation Device or Organic Human Reduction Container." F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-6-.03 Repealed

History

Authority: O.C.G.A. Secs. 43-1-23, 43-18-55, 43-18-56, 43-18-73
History. Original Rule entitled "Reciprocal License, Funeral Director, Embalmer" was filed on January 21, 1977; effective February 10, 1977.
Amended: Rule repealed and a new Rule entitled "Reciprocal License: Embalmer, Funeral Director" adopted. Filed July 18, 1986; effective August 7, 1986.
Repealed: New Rule entitled "Renewal" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Oct. 20, 1995; eff. Nov. 9, 1995.
Amended: New Rule entitled "Continuing Education Requirements" adopted. F. Jan. 30, 1996; eff. Feb. 19, 1996.
Amended: F. May 13, 1997; eff. June 2, 1997.
Repealed: F. Dec. 10, 2009; eff. Dec. 30, 2009.

Ga. Comp. R. & Regs. r. 250-6-.04 Repealed

History

Authority: O.C.G.A. Secs. 43-1-22, 43-18-23, 43-18-70
History. Original Rule entitled "Reciprocal Agreement with States Requiring Such Agreements was filed on January 21, 1977; effective February 10, 1977.
Amended: Rule repealed and a new Rule of same title adopted. Filed July 18, 1986; effective August 7, 1986.
Repealed: New Rule entitled "Funeral Establishment Inspections" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: New Rule entitled "Inactive Status" adopted. F. Jan. 30, 1996; eff. Feb. 19, 1996.
Repealed: F. Dec. 10, 2009; eff. Dec. 30, 2009.

Ga. Comp. R. & Regs. r. 250-6-.05 Renewal: Funeral Establishment / Crematory / Organic Human Reduction Facility

(1) Each funeral establishment, organic human reduction facility, or crematory license expires on March 31 of even-numbered years. A license may be renewed with the submission of an application plus renewal fee prior to expiration.

(2) During the period between April 1 and April 30 immediately following the expiration of a license, the license may be renewed upon submission of an application and a late renewal fee in addition to the regular renewal fee. After April 1 and before April 30 the Board staff will notify the Funeral Director in Full and Continuous Charge in writing, at the address on file with the Board, of their failure to renew.

(3) Failure to renew a funeral establishment, organic human reduction facility, or crematory license prior to May 1 following the late renewal period shall have the same effect as revocation. Thereafter, the owner must submit a new application, the establishment must pass an inspection, and the owner and Funeral Director in Full and Continuous Charge, at the Board's discretion, may be required to appear before the Board to gain licensure. Any establishment, organic human reduction facility, or crematory failing to renew prior to May 1 will be subject to fines and disciplinary action by the Board.

History

Authority: O.C.G.A. §§ 43-1-4, 43-1-19, 43-1-23, 43-1-25, 43-18-43, 43-18-46, 43-18-49, 43-18-73, 43-18-75
History. Original Rule entitled "Crematory Inspections" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: Rule renumbered from 250-6-.03 to 250-6-.05. F. Jan. 30, 1996; eff. Feb. 19, 1996.
Amended: F. May 13, 1997; eff. June 2, 1997.
Amended: F. May 1, 1998; eff. May 21, 1998.
Amended: New title "Renewal: Funeral Establishment / Crematory." F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: New title, "Renewal: Funeral Establishment / Crematory / Organic Human Reduction Facility." F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-6-.06 Funeral Establishment Inspections; Fines

(1) A representative of the Board shall regularly inspect establishments between the hours of 9:00 A.M. and 4:30 P.M., Monday through Friday, with the exception of State government-mandated holidays. Although the funeral director in full and continuous charge need not be present for the inspections, the establishment must be available during these hours for inspection. Upon finding a funeral establishment unavailable during an inspection attempt, the Board representative shall contact the establishment at the telephone number of record with the Board, or an alternative telephone number conspicuously posted at the establishment. If the establishment is not made available for an inspection by an establishment employee within sixty (60) minutes of the telephone contact, or if telephone contact is unsuccessful, the Board representative shall issue a written warning notifying that an inspection attempt was made. Any funeral establishment not inspected during a calendar year may have the establishment license suspended, revoked, or put on probation, or fines may be imposed by the Board.

(2)

Any violation under this section shall be deemed a violation of minimum standards and threat to the health, safety, and welfare of the public. A funeral establishment licensed by the Board shall be required to pay a fine to the Board for each violation of this section. At the time of inspection, a citation shall be issued by an inspector or representative of the Board which shall list each violation. Following the issuance of the citation, the licensee shall either remit the amount of the fine to the Board or submit a written request for an appearance before the Board. A request for an appearance before the Board must be received by the Board within thirty (30) days after issuance of the citation. Failure to either pay the fine or request an appearance before the Board within thirty (30) days from the issuance of the citation shall cause further disciplinary proceedings to be instituted against the licensee. The requirements for inspections and the fines for violations under this section are as follows:

(a) all outside openings must be screened where left open for ventilation. The fine for a violation of this subsection shall be $50.00.

(b)

all embalming rooms shall be equipped with the following:

1. hot and cold running water; the fine for a violation under this subsection shall be $200.00;

2. non-absorbent sanitary floor and walls; the fine for a violation under this subsection shall be $200.00;

3. permanently installed ventilation; the fine for a violation under this subsection shall be $200.00;

4. a non-absorbent preparation table; the fine for a violation of this subsection shall be $200.00;

5. preparation table equipped with receptacle and a non-porous sanitary cover or dedicated drain directly connecting into a sewerage or septic tank; the fine for a violation under this subsection shall be $200.00;

(c) each embalming room shall be equipped with a sink for disinfecting of hands and a separate sink or other Board-approved method for disinfecting of instruments. The fine for a violation under this subsection shall be $50.00;

(d) Each embalming room, including all instruments and tables, shall be kept in a sanitary and clean condition at all times. The fine for a violation of this subsection shall be $200.00;

(e)

Each embalming room shall contain instruments and supplies for the preparation and embalming of dead bodies. Instruments and equipment must consist of the following:

1. at least one scalpel; the fine for a violation of this subsection shall be $50.00;

2. at least two aneurysm needles; the fine for a violation of this subsection shall be $50.00;

3. at least two cannulas; the fine for a violation of this subsection shall be $50.00;

4. embalming machine, or gravity bottle or bulb or hand pump; the fine for a violation of this subsection shall be $50.00;

5. 24 bottles arterial fluid and 24 bottles cavity fluid; the fine for a violation of this subsection shall be $50.00;

6. suture; the fine for a violation of this subsection shall be $50.00;

7. 1 suture needle; the fine for a violation of this subsection shall be $50.00;

8. trocar; the fine for a violation of this subsection shall be $50.00;

9. hydro aspirator or electric aspirator; the fine for a violation of this subsection shall be $50.00; and

10. a permanently installed back flow preventer for the hydro aspirator; the fine for a violation of this subsection shall be $50.00.

(f) The embalming room of an establishment shall be used only for the purpose of embalming of dead human bodies. The fine for a violation of this subsection shall be $200.00;

(g) An establishment must maintain on the premises a display room containing actual adult caskets, or models, mockups, or sections of caskets if all such caskets are available and in stock for purchase at the establishment or can be delivered within twenty-four (24) hours. Each funeral establishment shall maintain on the premises at each of its locations an adequate stock of funeral caskets which shall not be less than eight (8) and which shall meet other criteria as necessary to protect the public; The fine for a violation under this subsection shall be $100.00 per casket short of the minimum;

(h) The establishment shall have a room with adequate seating for a minimum of thirty (30) people in which funeral services may be conducted. The fine for a violation under this subsection shall be $100.00;

(i) One (1) operable motor hearse or combination hearse/ambulance with current Georgia registration for the transportation of casketed human remains must be maintained at each establishment. The fine for a violation under this subsection shall be $100.00;

(j) One (1) church truck. The fine for a violation of this subsection shall be $50.00;

(k) A funeral establishment shall not be located in the same facility as public cafes, restaurants or any place where food is prepared and sold for public consumption. The fine for a violation of this subsection shall be $500.00;

(l) A funeral establishment whose funeral director resides in the funeral establishment in order to satisfy the requirements of funeral director in full and continuous charge must include in his or her living quarters furnished sleeping quarters, cooking, refrigerating, and bathing facilities. The fine for a violation of this subsection shall be $200.00;

(m) An establishment must have at least one sanitary rest room facility for public use. The fine for a violation of this subsection shall be $200.00;

(n) A new establishment must submit proof of having met zoning requirements and public health standards of its local municipalities;

(o) An establishment must be maintained in a state of clean, sound, safe, and acceptable repair and condition at all times;

(p)

A funeral home shall have a card or brochure in each casket stating the price of the casket. When the client has decided on the type of service desired, the funeral director must provide, at the time the arrangements are completed and prior to the time of rendering the service or providing the merchandise, a written statement that has been signed and certified by a licensed funeral director showing:

1. the price of the service that the person or persons has selected and what is included therein;

2. the price of each of the supplemental items of service and merchandise requested; and

3. the amount involved for each of the items for which the funeral home will advance monies as an accommodation to the family.

4. The fine for failure to comply fully with the requirements of this subsection shall be $200.00.

(q) A current license for the establishment, embalmer, funeral director and any apprentices must be conspicuously displayed in the establishment. The Funeral Director in Full and Continuous Charge for each funeral establishment, organic human reduction facility, and crematory establishment shall conspicuously display his/her name and current active license in all designated arrangement offices. The fine for a violation of this subsection shall be $100.00.

(r) For purposes of identification of the body or remains of a deceased person for tagging purposes as required by OCGA 43-18-8 , tags or labels must be attached to the deceased human body in the funeral establishment at the time the body is placed in the casket or shipping container, or prior to leaving the funeral establishment to go to the crematory or organic human reduction facility. The fine for failure to comply fully with the requirements of this subsection shall be $100 per occurrence; and

(s) The Board may issue a Cease and Desist order and, at the Board's discretion, a monetary penalty for unsanitary conditions.

(3)

The Board shall require funeral establishments to pass an inspection of the establishment prior to the closure of an establishment. The Board shall be notified of the establishment's intent to close fifteen (15) days prior to the intended closure. The inspection shall verify:

(a) the status of any preneed contracts;

(b) that cremains/remains/organically reduced remains, biohazards, and any items detrimental to the public or the environment have been removed from the establishment;

(d) that the establishment has notified their local County Coroner/Medical Examiner and Vital Records registrar that establishment intends to close;

(e) that all death certificates and SSA-721 forms have been filed; and

(f) that all known personal property of all deceased have been returned to the family or individual(s) authorized to direct disposition.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-18-2, 43-18-10, 43-18-23, 43-18-46, 43-18-70, 43-18-71, 43-18-75, 43-18-76
History. Original Rule entitled "Determination of Funeral Director in Full and Continuous Charge" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: Rule renumbered from 250-6-.04 to 250-6-.06. F. Jan. 30, 1996; eff. Feb. 13, 1996.
Amended: F. May 1, 1998; eff. May 21, 1998.
Repealed: New Rule of same title adopted. F. Sept. 22, 2003; eff. Oct. 12, 2003.
Repealed: New Rule of same title adopted. F. Mar. 15, 2007; eff. Apr. 4, 2007.
Amended: F. May 9, 2007; eff. May 29, 2007.
Amended: F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: F. Nov. 20, 2023; eff. Dec. 10, 2023.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-6-.07 Crematory Inspections. Amended

(1)

A representative of the Board shall regularly inspect crematories no less frequently than annually between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. The funeral director in full and continuous charge need not be present for the inspection, but the crematory must be open during these hours for inspection. Requirements of inspections are as follows:

(a) A room with seating for a minimum of thirty (30) people in which funeral services may be conducted; the fine for a violation under this subsection shall be $100.00;

(b) A display room containing an adequate supply of urns; the fine for a violation under this subsection shall be $50.00;

(c) One (1) operable motor hearse with current Georgia registration for the transportation of human remains which must be either owned or leased by said firm; the fine for a violation under this subsection shall be $100.00;

(d) At least one (1) operable retort for cremation; the fine for a violation of this subsection shall be $200.00;

(e) At least one (1) operable processing station for grinding of cremated remains; the fine for a violation of this subsection shall be $200.00;

(f) At least one (1) church truck; the fine for a violation of this subsection shall be $50.00;

(g) A current license for the crematory and funeral director, which must be conspicuously displayed; the fine for a violation of this subsection shall be $100.00;

(h) The provisions of paragraphs (a), (b), and (f) of this Rule shall not apply to crematories which provide cremation services only to other funeral establishments; and

(i) The Funeral Director in Full and Continuous Charge for each crematory shall conspicuously display their name and valid license in all designated arrangement rooms; the fine for a violation of this subsection shall be $100.00.

(2)

A representative of the Board shall be authorized to obtain information on the retort used by the establishment for cremations. The information shall include, but not be limited to:

(a) Make and model of the retort;

(b) Manufacturer's name;

(d) Date of most recent manufacturer's inspection;

(e) Copy of most recent inspection report from manufacturer; and

(f) Documentation regarding necessary repairs to the retort.

(3) The Board shall require crematories to have annual inspections of the retort by the manufacturer or other authorized crematory repair company to ensure proper operations. The Funeral Director in Full and Continuous Charge shall notify the Board within 5 (five) days of the inspection of a less than satisfactory report by presenting the Board with a copy of the inspection report. The Board shall require crematories to make necessary repairs to the retort immediately, not to exceed thirty (30) days without approval by the Board. Any crematory that does not make the necessary repairs noted on the manufacturer's inspection within the time allowed by the Board shall be subject to immediate suspension of licensure until the Board is satisfied that proper repairs have been made.

(4) The Board shall require the Funeral Director in Full and Continuous Charge to be certified as crematory operator from a course approved by the Board.

(5)

The Board shall require crematories to pass an inspection of the crematory prior to the closure of the crematory. The Board shall be notified of the crematory's intent to close fifteen (15) days prior to the intended closure. The inspection shall verify:

(a) the status of any preneed contracts;

(b) that cremains/remains, biohazards, and any items detrimental to the public or the environment have been removed from the crematory;

(d) that the crematory has notified their local County Coroner/Medical Examiner and Vital Records registrar that crematory intends to close;

(e) that all death certificates and SSA-721 forms have been filed; and

(f) that all known personal property of all deceased have been returned to the family or individual(s) authorized to direct disposition.

History

Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-18-2, 43-18-10, 43-18-23, 43-18-46, 43-18-71, 43-18-72, 43-18-75, 43-18-76
History. Original Rule entitled "Crematory Inspections" adopted. F. Jan. 30, 1996; eff. Feb. 19, 1996.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.
Repealed: New Rule with same title adopted. F. Dec. 13, 2012; eff. Jan. 2, 2013.
Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.
Amended: F. July 19, 2017; eff. August 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: F. Nov. 22, 2022; eff. Dec. 12, 2022.
Amended: F. Nov. 20, 2023; eff. Dec. 10, 2023.

Ga. Comp. R. & Regs. r. 250-6-.08 Determination of Funeral Director in Full and Continuous Charge

(1) The Board shall have the authority to evaluate each application for a funeral establishment, organic human reduction facility, or crematory license to determine whether the funeral director has the ability to be accessible and available to the community if the funeral director does not spend a minimum of forty (40) hours per week in the employ and operation of the establishment. The Board may then approve an application where the funeral director does not satisfy the specific requirement to spend a minimum of forty (40) hours per week in the employ and operation of the establishment, organic human reduction facility, or crematory if the Board is satisfied that the funeral director will be accessible and available to the community.

(2)

The individual approved by the Board to serve as the Funeral Director in Full and Continuous Charge may only serve in this capacity at one (1) funeral establishment, but may also serve as the Funeral Director in Full and Continuous Charge at an organic human reduction facility and/or crematory if the organic human reduction facility and/or crematory is located at the same physical address as the approved funeral establishment, provided that the funeral establishment and organic human reduction facility and/orcrematory are licensed under the same ownership. If the organic human reduction facility and/orcrematory offers their services directly to the public, a different Funeral Director in Full and Continuous Charge would be required. In determining whether the funeral director possesses the ability to be accessible and available to the community, the Board will consider;

(a) the proximity of the funeral director's other employment and/or residence to the funeral establishment;

(b) the funeral director's ability to obtain leave from his/her other job in order to attend to the affairs of the funeral establishment; and

(c) any other information which relates to the ability of the funeral director to adequately supervise the operation of the funeral establishment.

(3) A funeral director may not serve as Funeral Director in Full and Continuous Charge if they are currently serving criminal probation for any felony or crime of moral turpitude, unless the funeral director is the owner of the establishment where they serve or plan to serve as Funeral Director in Full and Continuous Charge. Additionally, a funeral director may not serve as Funeral Director in Full and Continuous Charge if they have been disciplined or sanctioned by any licensing authority in any state, including Georgia, without first appearing before the Board, and such discipline or sanction may be a basis for denial of the application to serve as Funeral Director in Full and Continuous Charge.

(4) A funeral director may not be approved as Funeral Director in Full and Continuous Charge until they have been employed as a licensed funeral director for a minimum of three (3) years. Individuals who are in a position of ownership at the funeral establishment, organic human reduction facility, or crematory where they are seeking to be approved as the Funeral Director in Full and Continuous Charge are exempt from this requirement.

History

Authority: O.C.G.A. §§ 43-18-23, 43-18-71
History. Original Rule entitled "Determination of Funeral Director in Full and Continuous Charge" was renumbered from 250-6-.06 to 250-6-.08. F. Jan. 30, 1996; eff. Feb. 19, 1996.
Amended: F. July 19, 2017; eff. Aug. 8, 2017.
Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.
Amended: F. Dec. 9, 2022; eff. Dec. 29, 2022.
Amended: F. July 20, 2023; eff. Aug. 9, 2023.
Amended: F. Jan. 5, 2025; eff. Jan. 25, 2025.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-6-.09 Responsibilities of the Funeral Director in Full and Continuous Charge

(1)

The Funeral Director in Full & Continuous Charge shall:

(a) Ensure that the establishment is licensed properly with the Board and maintains the license in active status at all times, as required by OCGA §§ 43-18-5(a) , 43-18-46(25) , & 43-18-73.

(b) Ensure that the funeral establishment complies with the provisions of OCGA § 43-18-70 and Rule 250-6-.06 .

(d) Ensure that every individual who will serve as embalmer, director, or apprentice is licensed properly with the Board and maintains the appropriate license at all times while they are in the employ of the establishment, as required by OCGA §§ 43-18-5(a) & 43-18-46(18), (25).

(e) Ensure that no one employed by or representing the establishment gives or contracts to give any person or business entity anything of value to induce such person or entity to persuade someone to use the services of the establishment or any embalmer or director employed by the establishment. Such practice is prohibited by OCGA §§ 43-18-5(d) & 43-18-46(7).

(f) Ensure that no one employed by or representing the establishment accepts anything of value to influence, persuade, or suggest to family members as to where a body should or should not be buried. Such practice is prohibited by OCGA § 43-18-5(e) .

(g) Ensure that all deceased human bodies are released to the legally authorized person upon request of that person, in accordance with OCGA §§ 43-18-5(f) & 43-18-46(16).

(h) Ensure that every deceased body serviced by the establishment is properly tagged prior to interment, organic human reduction or cremation and that all cremated remains and organically reduced remains are labeled in accordance with the provisions of OCGA § 43-18-8(a) .

(i) Ensure that the certificate of cremation or organic human reduction is completed with notarized signature and presented to the legally authorized person at the time of delivery or release, in accordance with OCGA § 43-18-8(b) .

(j) Ensure that the licenses or wall certificates issued by the Board to the establishment and all licensed people employed by the establishment are posted in a conspicuous place in the establishment, as required by OCGA § 43-18-44 .

(k) Ensure that the name of the proper embalmer and funeral director is listed on all death certificates. If the name of the embalmer and/or funeral director is signed on the death certificate, it must be the actual signature of the person, in accordance with OCGA § 43-18-46(4), (9) .

(l) Ensure that charges for merchandise and services rendered are in compliance with the General Price List, casket price list, outer burial container list, or the funeral services contract price list, as required by 16 CFR 453.2 & OCGA § 43-18-46(17) .

(m) Ensure that the General Price List is provided upon request, regardless of the reason for the request, as required by 16 CFR 453.2 .

(n) Ensure that a written, signed contract is provided to every customer upon completion of the contract negotiation and is available at the establishment for a period of 3 years.

(o) Ensure compliance with the terms of the funeral services contract, as required by OCGA § 43-18-46(12) .

(p) Ensure that all statements made regarding services, merchandise, and legal requirements are accurate, in accordance with OCGA § 43-18-46(11), (23) . The FDFCC must ensure that all employees are educated regarding services, merchandise, and legal requirements so as to provide accurate information and to avoid misleading the public.

(q) Safeguard the decedent's dignity, right to privacy, or right to confidentiality, unless compelled by law to do otherwise, in accordance with OCGA § 43-18-46(13) .

(r) Ensure that assigned benefits in excess of the charges incurred are remitted to the assignee of the deceased within 10 working days of the receipt of the assigned funds, as required by OCGA § 43-18-46(15), (26) .

(s) Ensure that the establishment refrains from involvement in burial societies, burial associations, burial certificate plans, or burial membership plans, which are prohibited by OCGA § 43-18-46(19) .

(t) Ensure that all employees and agents of the establishment refrain from soliciting as defined in OCGA § 43-18-1(21) . Soliciting is prohibited by OCGA § 43-18-46(20) .

(u) Ensure that all apprenticeship service reports and affidavits of embalming and directing for apprentices of the establishment are accurate and signed by the appropriate supervisor(s), in accordance with OCGA §§ 43-18-46(21) & 43-18-52.

(v) Ensure that apprentices of the establishment work under the direct supervision of the supervisor(s) on record with the Board, in accordance with OCGA § 43-18-50 . It is mandatory that the FDFCC ensure that any changes in the supervision of apprentices are reported on the application provided by the Board and are approved by the Board prior to the apprentices working under the new supervisor(s).

(w) Ensure that the Board is notified upon the termination of an apprentice employed by the establishment.

(x) Ensure that the establishment complies with all federal, state, and local regulations as listed in OCGA § 43-18-46(22) .

(y) Ensure that discrimination, as described in OCGA § 43-18-46(24) , is not tolerated in the establishment.

(z) Ensure that all personal properties obtained from dead human remains are safeguarded and disposed of as directed by the legally authorized person, in accordance with OCGA § 43-18-46(25) .

(aa) Ensure that all employees of the establishment conduct themselves in a professional, moral, ethical manner, and report any misconduct to the Board promptly with an explanation of any disciplinary action taken, as required by OCGA § 43-18-46(14), (27) .

(bb) Ensure that the prohibition of activities by a funeral director who is also a coroner or minister, found in OCGA § 43-18-46(28) , is adhered to by employees of the establishment with such dual roles.

(cc) Ensure that all embalmers and funeral directors employed by the establishment comply with the provisions of OCGA § 43-18-55 and 43-18-56 , regarding continuing education.

(dd) Ensure that the FDFCC complies with the responsibilities detailed in OCGA § 43-18-71 by assuming full responsibility for the supervision and operation of the funeral establishment, acting as FDFCC only for the establishment for which the FDFCC was approved, and spending a minimum of 40 hours per week in the employ and operation of the establishment and being accessible and available to the community. The FDFCC for each funeral establishment , organic human reduction facility, and/or crematory establishment shall conspicuously display his/her name and current active license in all designated arrangement offices.

(ee) Ensure that the Board is notified within 5 days of the FDFCC's separation from the establishment, as required by OCGA § 43-18-71(b) .

(ff) Ensure that the Board is notified within 15 days prior to a change of ownership in the establishment, as required by OCGA § 43-18-73(b) .

(gg) Ensure that the Board is notified within 5 days of the destruction of the establishment by fire, flood, or other natural cause, in accordance with OCGA § 43-18-78 . If the establishment wishes to operate from a temporary location, the FDFCC must ensure that a letter requesting a 90-day grace period is submitted to the Board. The FDFCC will be responsible to update the Board within 90 days on the status of rebuilding efforts and to request subsequent 90-day grace periods if necessary to continue operating from the temporary site approved by the Board.

(hh) Ensure that the establishment is made available for inspection by representatives of the Professional Licensing Boards Division, as required by OCGA § 43-18-75(a) & Rule 250-6-.06 .

(ii) Ensure that violations found by inspectors are corrected promptly and fines levied resulting from violations are paid or appealed to the Board in writing within 30 days as stated on the citation report.

(jj) Ensure that cremated remains and organically reduced remains are disposed of in accordance with the provisions of OCGA § 43-18-80 .

(kk) Notify the Board within 5 days of an inspection by the manufacturer or authorized repair company indicating less than satisfactory results, and ensure that necessary repairs are made immediately, not to exceed 30 days without approval by the Board.

(ll) Ensure that any employee who operates a cremation device is certified as a crematory operator from a course approved by the Board prior to operating such cremation device.

(mm) Ensure that the organic human reduction facility complies with the provisions of OCGA § 43-18-72.1 and Rule 250-6-.10.

(nn) Ensure that any employee who performs organic human reduction holds a natural organic reduction operations certification from a course approved by the Board prior to performing organic human reduction.

(2) Revocation of funeral director in full and continuous charge appointment may be considered for any funeral establishment violation(s), especially repeat and/or habitual violations.

History

Authority: O.C.G.A. §§ 43-18-71
History. Original Rule entitled "Responsibilities of the Funeral Director in Full & Continuous Charge" adopted. F. Dec. 10, 2009; eff. Dec. 30, 2009.
Amended: F. Dec. 13, 2012; eff. Jan. 2, 2013.
Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.
Amended: F. Aug. 24, 2022; eff. Sep. 13, 2022.
Amended: F. May 21, 2026; eff. June 10, 2026.

Ga. Comp. R. & Regs. r. 250-6-.10 Organic Human Reduction Facility Inspections

(1)

A representative of the Board shall regularly inspect organic human reduction facilities no less frequently than annually between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. The funeral director in full and continuous charge need not be present for the inspection, but the organic human reduction facility must be open during these hours for inspection. Requirements of inspections are as follows:

(a) A room with seating for a minimum of thirty (30) people in which funeral services may be conducted; the fine for a violation under this subsection shall be $100.00;

(b) A display room containing an adequate supply of urns; the fine for a violation under this subsection shall be $50.00;

(d) At least one (1) operable organic human reduction container; the fine for a violation of this subsection shall be $200.00;

(e) At least one (1) operable processing station for grinding of organically reduced remains; the fine for a violation of this subsection shall be $200.00;

(f) At least one (1) church truck; the fine for a violation of this subsection shall be $50.00;

(g) A current license for the organic human reduction facility and funeral director, which must be conspicuously displayed; the fine for a violation of this subsection shall be $100.00;

(h) The provisions of paragraphs (a), (b), and (f) of this Rule shall not apply to organic human reduction facilities which provide organic human reduction services only to funeral establishments; and

(i) The Funeral Director in Full and Continuous Charge for each organic human reduction facility shall conspicuously display their name and valid license in all designated arrangement rooms; the fine for a violation of this subsection shall be $100.00.

(j)

An organic human reduction facility shall:

1. Collect material samples for analysis that are representative of each instance of organic human reduction using a sampling method such as described in the U.S. Composting Council 2002 Test Methods for the Examination of Composting and Compost, Method 02.01-A through E;

2. Analyze each instance of organically reduced remains for physical contaminants. Reduced remains must have less than 0.01 mg/kg dry weight of physical contaminants which include, but are not limited to, intact bone, dental fillings, and medical implants;

Analyze, using a third-party laboratory, the organic human reduction facility's organically reduced remains according to the following schedule:

(i) The organic human reduction facility's initial 20 instances of organically reduced remains for the parameters identified in Table 500-A, and any additional instances of organically reduced remains necessary to achieve 20 organically reduced remains meeting the limits identified in Table 500-A;

(ii) Following 20 organically reduced remains meeting limits outlined in Table 500-A, analyze, at minimum, 25 percent of a facility's monthly instances of organically reduced remains (not to be less than one) for the parameters identified in Table 500-A;

(iii) The Board may require tests for additional parameters under 2 and 3 of this subsection;

4. Not release any human remains that exceed the limits identified in Table 500-A;

Prepare, maintain, and provide upon request by the Board, an annual report each calendar year. The annual report must detail the facility's activities during the previous calendar year and must include the following information:

(i) Name and address of the facility;

(ii) Calendar year covered by the report;

(iii) Annual quantity of organically reduced remains;

(iv) Results of any laboratory analyses of organically reduced remains; and

(v) Any additional information required by the Board; and

Test for arsenic, cadmium, lead, mercury, and selenium, and either fecal coliform or salmonella in organically reduced remains to meet the testing parameters and limits identified in Table 500-A.

Table 500-A

Testing Parameters

Metals and other testing parameters Limit (mg/kg dry weight), unless otherwise specified

Fecal coliform < 1,000 Most probable number per gram of total solids (dry weight)

Salmonella < 3 Most probable number per 4 grams of total solids (dry weight)

and

Arsenic <= 20 ppm

Cadmium <= 10 ppm

Lead <= 150 ppm

Mercury <= 8 ppm

Selenium <= 18 ppm

(2)

A representative of the Board shall be authorized to obtain information on the organic human reduction container(s) used by the establishment for organic human reduction. The information shall include, but not be limited to:

(a) Manufacturer's name and description of each container;

(b) Year installed;

(d) Copy of most recent inspection report from manufacturer; and

(e) Documentation regarding necessary repairs to the facility.

(3) The Board shall require organic human reduction facilities to have inspections of all organic human reduction containers once every five years by the manufacturer or other authorized repair company to ensure proper operations. The Funeral Director in Full and Continuous Charge shall notify the Board within 5 (five) days of the inspection of a less than satisfactory report by presenting the Board with a copy of the inspection report. The Board shall require organic human reduction facilities to make necessary repairs to the organic human reduction containers immediately, not to exceed thirty (30) days without approval by the Board. Any organic human reduction facility that does not make the necessary repairs noted on the manufacturer's inspection within the time allowed by the Board shall be subject to immediate suspension of licensure until the Board is satisfied that proper repairs have been made.

(4) The Board shall require the Funeral Director in Full and Continuous Charge to hold a natural organic reduction operations certification from a course approved by the Board.

(5)

The Board shall require organic human reduction facilities to pass an inspection of the facility prior to the closure of the facility. The Board shall be notified of the organic human reduction facility's intent to close fifteen (15) days prior to the intended closure. The inspection shall verify:

(a) the status of any preneed contracts;

(b) that organically reduced remains, biohazards, and any items detrimental to the public or the environment have been removed from the facility;

(d) that the facility has notified their local County Coroner/Medical Examiner and Vital Records registrar that facility intends to close;

(e) that all death certificates and SSA-721 forms have been filed; and

(f) that all known personal property of all deceased have been returned to the family or individual(s) authorized to direct disposition.

History

Authority: O.C.G.A. §§ 43-1-2, 43-1-19, 43-18-23, 43-18-46, 43-18-47
History. Original Rule entitled "Organic Human Reduction Facility Inspections" adopted. F. May 21, 2026; eff. June 10, 2026.

Chapter 250-7 Disciplinary Actions and Procedures

Ga. Comp. R. & Regs. r. 250-7-.01 Complaints

(1) A complaint may be filed by any person by submitting a written statement to the Georgia State Board of Funeral Service at 237 Coliseum Drive, Macon, Georgia 31217.

(2) The complaint shall include the complainant's name, address and phone number, and email address if applicable, and shall give the name and address of the person or business entity against whom the complaint is being filed.

(3) The complainant must specifically state the circumstances which led to the complaint being filed.

(4) While a complaint is under investigation, the name of the person or business entity against whom the complaint is being filed shall be treated as confidential as provided in O.C.G.A.§ 43-1-19(h)(2) . However, the name of the person or business entity will no longer be treated as confidential once the Board takes an official action which places it into the public record.

(5) Once a Board member becomes aware of the identity of a person who is the subject of a complaint, and the Board member has a personal relationship with that person which would affect the Board member's judgment or has prior knowledge of a person's practice which would affect the Board member's judgment, the Board member shall immediately disclose to the Board such relationship or knowledge, and shall not participate in the deliberation or the vote on the complaint; however, nothing herein shall preclude any Board member from giving testimony in the matter.

History

Authority: O.C.G.A. §§ 43-1-2, 43-1-19, 43-18-23, 43-18-46, 43-18-47
History. Original Rule entitled "Full and Continuous Charge" adopted. F. Aug. 2, 1977; eff. Aug. 22, 1977.
Repealed: New Rule of same title adopted. F. Apr. 18, 1984; eff. May 8, 1984.
Repealed: New Rule entitled "Complaints" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.
Amended: F. July 19, 2017; eff. August 8, 2017.

Ga. Comp. R. & Regs. r. 250-7-.02 Investigations of Complaints

(1) The Board or its duly appointed representative will review each complaint and initiate whatever investigative action is appropriate.

(2) All investigations shall be conducted as provided by the laws of the State of Georgia, including but not limited to the Georgia Administrative Procedure Act (O.C.G.A. §§ 50-13-1 et seq. ); O.C.G.A. §§ 43-1-1 et seq. ; the Funeral Service Law (O.C.G.A. §§ 43-18-1 et seq. ); the Rules of the Division Director, Professional Licensing Boards Division; and the Rules of the Board.

History

Authority: O.C.G.A. Secs. 43-1-19, 43-18-47
History. Original Rule entitled "Investigations of Complaints" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.

Ga. Comp. R. & Regs. r. 250-7-.03 Disciplinary Proceedings

(1) All disciplinary proceedings, including hearings in contested cases, shall be conducted as provided by the laws of the State of Georgia, including but not limited to the Georgia Administrative Procedure Act (O.C.G.A. §§ 50-13-1 et seq. ); O.C.G.A. §§ 43-1-1 et seq. ; the Funeral Service Law (O.C.G.A. §§ 43-18-1 et seq. ); the Rules of the Division Director, Professional Licensing Boards Division; and the Rules of the Board.

(2) The Board shall give written notice of the time and place of hearing, along with a copy of the change, to be served upon the licensee or registrant applicant for license, as the case may be, 20 days before the hearing.

(3) After a hearing, the Board may by majority vote revoke, limit, or restrict a license or registration upon satisfactory proof of guilt.

History

Authority: O.C.G.A. Secs. 43-18-1 to 43-18-108, 50-13-1 to 50-13-44
History. Original Rule entitled "Disciplinary Proceedings" adopted. F. Dec. 18, 1991; eff. Jan. 7, 1992.
Amended: F. Aug. 16, 2002; eff. Sept. 5, 2002.

Ga. Comp. R. & Regs. Department 250 — Rules of Georgia State Board of Funeral Service

Chapter 250-1 Organization

Ga. Comp. R. & Regs. r. 250-1-.01 Organization of Board

Ga. Comp. R. & Regs. r. 250-1-.02 Officers

Ga. Comp. R. & Regs. r. 250-1-.03 Meetings

Ga. Comp. R. & Regs. r. 250-1-.04 Restrictions on Board Members' Activities

Ga. Comp. R. & Regs. r. 250-1-.05 Public Information

Chapter 250-2 Procedural Rules

Ga. Comp. R. & Regs. r. 250-2-.01 Procedural Rules

Ga. Comp. R. & Regs. r. 250-2-.02 Repealed

Ga. Comp. R. & Regs. r. 250-2-.03 Repealed

Ga. Comp. R. & Regs. r. 250-2-.04 Repealed

Chapter 250-3 Fees

Ga. Comp. R. & Regs. r. 250-3-.01 Fees

Chapter 250-4 Apprenticeship

Ga. Comp. R. & Regs. r. 250-4-.01 Americans With Disabilities Act

Ga. Comp. R. & Regs. r. 250-4-.02 Apprentice Registration. Amended

Ga. Comp. R. & Regs. r. 250-4-.03 Serving of Apprenticeship

Ga. Comp. R. & Regs. r. 250-4-.04 Apprentice Fees and Renewal

Ga. Comp. R. & Regs. r. 250-4-.05 Board-approved Supervisor

Ga. Comp. R. & Regs. r. 250-4-.06 Board-approved Apprenticeship Establishment

Chapter 250-5 Personal Licensure

Ga. Comp. R. & Regs. r. 250-5-.01 General Requirements: Embalmer

Ga. Comp. R. & Regs. r. 250-5-.02 Licensure by Examination: Embalmer

Ga. Comp. R. & Regs. r. 250-5-.03 Licensure by Reciprocity or Endorsement: Embalmer

Ga. Comp. R. & Regs. r. 250-5-.04 General Requirements: Funeral Director

Ga. Comp. R. & Regs. r. 250-5-.05 Licensure by Examination: Funeral Director

Ga. Comp. R. & Regs. r. 250-5-.06 Licensure by Endorsement: Funeral Director

Ga. Comp. R. & Regs. r. 250-5-.07 Display of Licenses

Ga. Comp. R. & Regs. r. 250-5-.08 Transferability of License

Ga. Comp. R. & Regs. r. 250-5-.09 Renewal

Ga. Comp. R. & Regs. r. 250-5-.10 Revocation and Reinstatement - Embalmer; Funeral Director

Ga. Comp. R. & Regs. r. 250-5-.11 Inactive Status

Ga. Comp. R. & Regs. r. 250-5-.12 Continuing Education Requirements; Provider Approval

Ga. Comp. R. & Regs. r. 250-5-.13 Military Spouses and Transitioning Service Members

Chapter 250-6 Establishment/Crematory/Organic Human Reduction Facility Licensure and Regulations

Ga. Comp. R. & Regs. r. 250-6-.01 Funeral Establishment / Crematory / Organic Human Reduction Facility Licensure Requirements

Ga. Comp. R. & Regs. r. 250-6-.02 Change in Name, Address, Location, Ownership, and/or Addition of Cremation Device or Organic Human Reduction Container

Ga. Comp. R. & Regs. r. 250-6-.03 Repealed

Ga. Comp. R. & Regs. r. 250-6-.04 Repealed

Ga. Comp. R. & Regs. r. 250-6-.05 Renewal: Funeral Establishment / Crematory / Organic Human Reduction Facility

Ga. Comp. R. & Regs. r. 250-6-.06 Funeral Establishment Inspections; Fines

Ga. Comp. R. & Regs. r. 250-6-.07 Crematory Inspections. Amended

Ga. Comp. R. & Regs. r. 250-6-.08 Determination of Funeral Director in Full and Continuous Charge

Ga. Comp. R. & Regs. r. 250-6-.09 Responsibilities of the Funeral Director in Full and Continuous Charge

Ga. Comp. R. & Regs. r. 250-6-.10 Organic Human Reduction Facility Inspections

Chapter 250-7 Disciplinary Actions and Procedures

Ga. Comp. R. & Regs. r. 250-7-.01 Complaints

Ga. Comp. R. & Regs. r. 250-7-.02 Investigations of Complaints

Ga. Comp. R. & Regs. r. 250-7-.03 Disciplinary Proceedings

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