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316.010 Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) "Apprentice" means a person engaged in learning the practice of embalming or
funeral directing who is under the instruction and personal supervision of a
Kentucky-licensed embalmer or a Kentucky-licensed funeral director;
(2) "Board" means the Kentucky Board of Embalmers and Funeral Directors;
(3) "Direct burial" means the pick-up, transport, and interment of a dead human
body or body parts without a funeral;
(4) "Embalmer" means a person who preserves, restores, and disinfects dead
human bodies by the application of chemical substances either externally or
internally, or both;
(5) "Embalming service establishment" means a place of business where dead
human bodies are embalmed or otherwise prepared or held for burial, including
the transportation of the bodies. An embalming service establishment shall not
arrange or conduct a funeral or direct burial. An embalming service
establishment may arrange for and transport dead human bodies for direct
cremation purposes only under the following circumstances:
(a) On behalf of a full-service funeral establishment;
(b) On behalf of a visitation and ceremonial funeral establishment; or
(c) At the direction of a coroner;
(6) "Funeral" means the ceremonies or services related to the final disposition and
interment of a human body or body parts;
(7) "Full-service funeral establishment" means a place of business where dead
human bodies may be embalmed or otherwise prepared and held for burial and
where funeral services may be arranged, provided, and conducted;
(8) "Funeral director" means a person who, for profit, engages in or represents
himself or herself as engaged in the supervision, direction, and arrangement of
funeral services, transportation, burials, and disposals of dead human bodies;
(9) "Funeral establishment" or "establishment" means:
(a) A full-service funeral establishment;
(b) An embalming service establishment; or
(c) A visitation and ceremonial funeral service establishment;
(10) "Memorial service" means a ceremony or service held in honor of a deceased
human being at which there are no human remains, as defined in KRS
367.97501(13) present, and for which no license is required;
(11) "Person," as used in this chapter, includes but is not limited to an individual,
partnership, firm, association, or corporation;
(12) "In use" means that funeral directing or embalming is taking place in a funeral
establishment;
(13) "Courtesy card" means a card that is issued by the board to a funeral director
or an embalmer from another state that gives the director or embalmer
permission to receive and transport a dead human body to and from Kentucky
for a funeral and to conduct funeral services and burials in Kentucky;
(14) "Supervision" means responsibility for the professional activities of the funeral
establishment that requires a Kentucky-licensed funeral director or a
Kentucky-licensed embalmer, as appropriate, to be on the premises when the
funeral establishment is in use. If the Kentucky-licensed funeral director or the
Kentucky-licensed embalmer is unable to be on the premises due to a
reasonable circumstance, then the Kentucky-licensed funeral director or the
Kentucky-licensed embalmer shall be within a reasonable proximity to the
funeral establishment so that upon contact the funeral director or embalmer is
able to immediately return to the funeral establishment; and
(15) "Visitation and ceremonial funeral service establishment" means a location
from which a funeral establishment may provide all services except embalming
within either the same or adjoining county as that served by an affiliated
full-service funeral establishment. The visitation and ceremonial funeral service
establishment shall be owned in whole or in part by the affiliated full-service
funeral establishment, and shall be located sufficiently close to the full-service
funeral establishment to share administration and services in a manner that
renders it unnecessary for the visitation and ceremonial funeral service
establishment to independently meet the minimum licensure requirements for a
full-service funeral establishment. A full-service funeral establishment may own
and operate more than one (1) visitation and ceremonial funeral service
establishment.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 112, sec. 1, effective July 12, 2006. -Amended 1998 Ky. Acts ch. 90, sec. 1, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 149, sec. 1, effective July 15, 1996. -- Amended 1984 Ky.
Acts ch. 82, sec. 1, effective July 13, 1984. -- Amended 1960 Ky. Acts ch. 52,
sec. 1, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 1599a-1.
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