§ 34-13-111 — License Required; Inspections; Transfer of License; Change of Ownership

Alabama § 34-13-111

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 13: Funeral Services
• Art. 3: Licenses, Examinations, and Registration
• Div. 4: Funeral Establishments

Text

(a) No funeral establishment or branch thereof for the preparation, disposition, and care of dead human bodies shall be opened or maintained unless licensed by the board. No funeral establishment or branch shall be moved without obtaining a new funeral establishment license from the board.
(b) Every funeral service, memorial service, or committal service, or part thereof, that is conducted in Alabama, for hire or for profit, shall be in the actual charge and shall be under the direct supervision of a funeral director who is licensed by the board, unless otherwise provided for in this chapter or by rule of the board.
(c) The board shall set a fee, not exceeding one hundred fifty dollars ($150), that shall be in addition to the license fee for the first inspection of any funeral establishment seeking a license under Section 34-13-72 made for the purpose of determining whether the funeral establishment has fulfilled the requirements for licensure pursuant to this chapter. The board shall set a fee, not exceeding one hundred fifty dollars ($150), for each reinspection necessitated by failure of any funeral establishment to pass the first inspection. The board, or a representative of the board, shall annually conduct at least one unannounced inspection of each funeral establishment and branch, with an inspection fee of not more than one hundred dollars ($100). The inspection fee shall be submitted to the board within 45 days after the inspection. Any funeral establishment that does not submit the inspection fee within 45 days shall be charged a late penalty fee, as established by the board. A funeral establishment, or branch thereof, that is used for the preparation, disposition, and care of dead human bodies shall meet and conform to this chapter and to such other lawful standards and requirements as may be determined by rule of the board in furtherance of this chapter; and, for failure to do so, the board may revoke the funeral establishment license in accordance with the procedure set forth in this chapter.
(d) Applications for transfer of a license to another location in the same county shall be made upon a form furnished by the board and shall be accompanied by a fee of not more than seventy-five dollars ($75).
(e) Any change in ownership of a funeral establishment shall be immediately reported to the board on a form provided by the board. The new owner of the establishment shall comply with Section 34-13-112 and Section 34-13-113 and shall provide to the board a signed copy of the asset purchase agreement with dollar amounts redacted. The fee for a change of ownership application is two hundred fifty dollars ($250).

Legislative History

(Acts 1975, No. 214, p. 705, §44; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Acts 1983, No. 83-746, p. 1235, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1.)