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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(14) 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 Kentuckylicensed embalmer, as appropriate, to be on the premises when the funeral
establishment is in use. If the Kentucky-licensed funeral director or the Kentuckylicensed 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.
Legislative Research Commission Note (7/15/2016). During codification of 2016 Ky.
Acts ch. 59, a conforming correction was required to be made to subsection (10) of
this statute to reflect the renumbering of definition subsections in 2016 Ky. Acts ch.
59, sec. 12 (KRS 367.97501).
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