Alabama Administrative Code Chapter 395-X-6 — Funeral Establishment Requirements

395 Alabama Board of Funeral Service

Ala. Admin. Code r. 395-X-6-.01 Preparation Room

(1) The preparation room of a funeral establishment shall have at least:

(a) One approved embalming table,

(b) Operating embalming equipment,

(c) All professional instruments necessary for embalming and the preparation of dead human bodies.

(d) The walls and floors shall be non-porous for easy cleaning.

(e) The preparation room shall be equipped with hot and cold running water,

(f) A ventilation fan,

(g) Container or receptacles for soiled linen, clothing, and waste disposal,

(h) Devices for proper drainage and waste disposal.

(2) A funeral establishment that has more than one location in this state is not required to maintain more than one preparation room for embalming, unless its locations are more than 25 miles from each other. The funeral establishment shall maintain at each of its locations a preparation or holding room which shall be adequately equipped for the holding and storage of dead human bodies. The holding room shall meet the following requirements:

(a) The establishment must be under the same ownership as the embalming facility, and be within a 25 miles radius of the centralized embalming facility, and be located in this state.

(b) The walls and floors shall be non-porous for easy cleaning.

(c) The holding room shall be equipped with hot and cold running water,

(d) The holding room shall be equipped with an aspirator, trocar, nasal tube aspirator, aspirating hoses, and adequate drainage.

(e) Container or receptacles for soiled linen, or clothing, and waste disposal,

(f) It shall have adequate lighting.

(3) All contents or items shall be kept clean of blood when not in use and at no time shall the preparation room or holding room be used as a storage area.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-151.
• Filed July 31, 1984. Amended: Filed January 30, 2012; effective March 5, 2012. Amended: Filed June 6, 2014; effective July 11, 2014.

Ala. Admin. Code r. 395-X-6-.02 Display Or Selection Room

Each establishment shall have a selection or display room for persons to view available funeral merchandise or supplies. In addition to statutory requirements the display room shall be clean and neatly arranged and shall contain a stock of adult caskets and funeral supplies displayed in full size, cuts, photographs, or electronic images. Each funeral establishment shall have a card or brochure in each full-size and cut casket and a clear statement on each photograph and electronic image of a casket stating the unit price of that casket. At no time shall less than eight different adult full size caskets be on the premises.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-113.
• Filed July 31, 1984. Amended: Filed January 30, 2012; effective March 5, 2012. Amended: Filed June 6, 2014; effective July 11, 2014.

Ala. Admin. Code r. 395-X-6-.03 Rest Rooms

Each establishment shall have at least one public rest room. The rest room(s) shall have nonporous floors and clean walls and also shall be equipped with hot and cold running water, roll or disposable towels, and necessary lighting for adequate visibility. The rest room(s) shall not be used as a storage area for mops, brooms, or any other items.

History

• Authority: Code of Ala. 1975, §§34-13-26, 34-13-151.
• Filed July 31, 1984.

Ala. Admin. Code r. 395-X-6-.04 General Interior

The interior of the establishment shall be maintained to assure that there are no rotten or deteriorated boards or flooring which would be subject to public travel. All outside openings shall be screened, covered, or otherwise sealed to prevent the entrance of insects or rodents. Any openings between the preparation room and public areas shall be sealed to prevent fumes from escaping into such areas. All public areas should be maintained to present a clean and attractive appearance which includes the repair and maintenance of all walls and floors which may have holes, scaling paint, or any other deterioration.

History

• Authority: Code of Ala. 1975, §§ 34-13-26, 34-13-151.
• Filed July 31, 1984.

Ala. Admin. Code r. 395-X-6-.05 General Exterior

The exterior and immediate surroundings of the establishment should be maintained to assure that the premises be free of litter and debris and that all areas subject to public travel be free of objects or other matter which could cause possible injury. All roofing or overhead covering shall be maintained to prevent any leaks to the interior of the establishment.

History

• Authority: Code of Ala. 1975, §§ 34-13-26, 34-13-151.
• Filed July 31, 1984.

Ala. Admin. Code r. 395-X-6-.06 Embalming Records

(1) Embalming Log.

(a) Each funeral establishment in this state, beginning January 1, 1986, shall keep a record of each human dead body embalmed at said establishment and shall retain such record for a period of not less than four (4) years.

(b) The record may be in simple log form, but shall contain

1. the name of the deceased

2. date of embalming

3. time embalming procedure began and ended

4. the signature of the embalmer.

(2) Embalming Authorization.

(a) In accordance with the Federal Trade Commission Funeral Rule, express consent must be obtained prior to embalming. The express consent must be documented and retained in the decedent’s file. In addition, to express consent, the funeral establishment must obtain written authorization for embalming from the authorizing agent during the funeral arrangement conference.

(3) Said records may contain any additional information, at the discretion of the establishment, so long as it meets the aforementioned provisions. Embalming records will be checked during the annual inspection beginning fiscal year 1986-87.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §34-13-26.
• Filed August 9, 1985. Amended: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.07 Identification Of Dead Human Bodies

In addition to the identification systems as provided in Section 22-19-5, Code of Ala. 1975, the Alabama Board of Funeral Service hereby provides:

(1) A non-detachable ankle bracelets are deemed as an approved method of identification of dead human bodies in the possession or custody of a funeral establishment in this state.

(2) The non-detachable ankle bracelet may contain any information at the discretion of the establishment in addition to the following required information the concerning the deceased:

(a) First and last name

(b) Date of Death

(c) Name of Funeral Establishment

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §34-13-26.
• New Rule: Filed August 11, 2009; effective September 15, 2009. Amended: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.08 Mortuary Services

Each Mortuary Service establishment shall meet and comply with all provisions section 395-X-6-.01, 395-X-6-.04, 395-X-6-.05, 395-X-6-.06 and 395-X-6-.07 of this chapter and Title 34, Chapter 13, Code of Ala. 1975, relating to mortuary services.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-113(C).
• New Rule: Filed January 30, 2012; effective March 5, 2012.

Ala. Admin. Code r. 395-X-6-.09 Crematory

(1) A funeral establishment that begin operating a crematory on or after October 1, 2017, shall comply with Title 34, Chapter 13, Code of Ala. 1975 and Alabama Administrative Code 395.

(2) A funeral establishment operating a crematory in this state before October 1, 2017, shall comply with Title 34, Chapter 13, Code of Ala. 1975 and Alabama Administrative Code 395, if any of the following occur:

(a) Major structural renovation are made to the crematory facility that includes the addition of square footage or redesign of the facility.

(b) Installation of an additional cremation chamber or the relocation of an existing chamber.

(c) The establishment closes and reopens.

(3) The cremation chamber must be:

(a) Reasonable clean and free of excessive residue

(b) Fully operational with a working thermostat

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-120.
• New Rule: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.10 Crematory Holding Room

(1) The holding room within a crematory facility for the retention of human remain before cremation and cremated remains after cremation shall be a minimum of 100 square feet.

(2) The holding room shall be secured by a locking door(s) with signs indicating “Employees Only”.

(3) The walls and floors shall be non-porous for easy cleaning.

(4) The holding shall a container or receptacle for soiled linen, or clothing, and waste disposal.

(5) It shall have adequate lighting.

(6) All contents or items shall be kept clean of blood and at no time shall the holding room be used as a storage area.

(7) Any openings between the holding room and public areas shall be sealed to prevent odors from escaping into such areas.

(8) Human remains shall never be stacked or placed upon other human remains. For this rule stacked shall mean in direct contact one on top of the other.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-120.
• New Rule: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.11 Refrigeration Unit

(1) Refrigeration units for the storage of human remains in a crematory facility shall:

(a) Hold a minimum 3 human remains.

(b) Maintain a constant temperature between 35 degrees to 45 degrees Fahrenheit at all times.

(2) Human remains shall never be stacked or placed upon other human remains. For this rule stacked shall mean in direct contact one on top of the other.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-120.
• New Rule: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.12 Combustible Cremation Container

(1) All human remains shall be cremated in a combustible container that provides a complete covering of the remains.

(2) Human remains to be cremated shall be immediately placed in or delivered to the crematory in a combustible container marked with the following identifying information directly on the container:

(a) First and last name

(b) Date of Death

(c) Name of Funeral Establishment

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-121.
• New Rule: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.13 Internal Identification System

(1) The approved method of internal identification for human remains to be cremated at a crematory shall be metal tags containing the following information:

(a) Crematory Name

(b) Identification Number

(2) The metal tag shall be present with the remains through-out all phases of the cremation process.

(a) When the human remains are present in the cremation chamber the assigned metal tag may be inside the chamber or attached to the outside of the chamber.

(3) Following the completion of the cremation process the metal tag shall be secured in the following manner:

(a) If the cremated remains are placed in a temporary container, then the metal tag shall be secured to the outside of the inner plastic bag containing the cremains.

(b) If the cremated remains are placed into a permanent receptacle, then the metal tag shall be placed inside of the receptacle.

(4) Cremated remains that have been divided into multiple receptacles with written consent from the authorizing agent shall be labeled with identifying information of the deceased.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-121.
• New Rule: Filed September 12, 2017; effective October 27, 2017.

Ala. Admin. Code r. 395-X-6-.14 Cremation Records

(1) Cremation Log.

(a) The cremation log shall be in simple log form containing:

1. The name of the deceased

2. Internal identification number

3. Date of cremations

4. Start time and end time of cremation

5. Cremation preformed for

6. Disposition of Cremains

7. The signature of the cremationist.

(2) Cremation Authorization.

(a) The cremation authorization form must contain:

1. The name of the Crematory performing the cremation.

2. The name of the funeral home the cremation is being performed for.

3. Identifying information of the deceased including: Name, date of birth, date of death, age, place of death, time of death,

4. Mechanical or artificial implants

5. Authorizing agent(s) signatures and relationships to the deceased.

6. Disposition of cremated remains.

7. Party to receive cremated remains

8. Signature and title of funeral home representative

9. Signature for receipt of cremated remains.

(b) Funeral establishments arranging cremations must use the cremation authorization form of the crematory where the cremation will be performed.

(3) Cremation Log and Cremation Authorization may contain any additional information, at the discretion of the establishment, as long as it meets the aforementioned provisions.

(4) State Identification Form

(a) A funeral establishment shall complete a State Identification Form prior to the cremation of any human remains and said form shall accompany those human remains in all phases of transportation, cremation, and return of cremated remains.

(b) A funeral establishment must use the State Identification Form created by the Board and available on the Board’s website or by contacting the Board’s office. An establishment may not alter or amend the form created by the Board or create their own form.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-120, 34-13-121.
• New Rule: Filed September 12, 2017; effective October 27, 2017. Amended: Published July 29, 2022; effective September 12, 2022.

Ala. Admin. Code r. 395-X-6-.15 Inspection Penalties

(1) Any violation under this section is a violation of minimum standards and a threat to the health, safety, and welfare of the public. A funeral establishment or mortuary service licensed by the board shall pay a fine to the board for each violation of this section. If the inspector or a representative of the board finds a violation during an inspection, he or she may immediately issue a citation listing each violation and fine or submit the matter to the board in accordance with the administrative procedures act. After a citation has been issued, the licensee shall either pay the amount of the fine to the board or submit a written request for an administrative hearing before the board. A request for an administrative hearing before the board shall be received by the board not later than 30 calendar days after the day the citation is issued. Failure to either pay the fine or timely request an administrative hearing before the board shall cause additional disciplinary action to be taken against the licensee. The requirements for inspections and the fines for violations under this section are as follows:

(2) If the board finds a licensee guilty of any violation of Chapter 13, Title 34, Code of Alabama 1975 or Chapter 395 of the administrative code, including but not limited to, any violation of subsection (a) and the infractions therein, the board may refuse to grant, refuse to renew, or suspend or revoke a license, after proper hearing and notice to the licensee, upon the licensee being found guilty of any violation of this chapter. The board may levy and collect administrative fines for any violation of this chapter, or the rules or regulations of the board, in an amount not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation of this chapter for which the licensee has been found guilty. Repeat violators will be subject to further disciplinary action by the Board in accordance with the Code of Ala. 1975, Title 34 Chapter 13.

History

• Author: Charles M. Perine
• Authority: Code of Ala. 1975, §§34-13-26, 34-13-56, 34-13-111, 34-13-113.
• New Rule: Filed June 6, 2014; effective July 11, 2014. Amended: Filed September 12, 2017; effective October 27, 2017.
• Editor's note: Was previously .09 and renumbered to .15 per certification filed September 12, 2017; effective October 27, 2017.