§ 34-13-113 — Application for License; Inspection of Establishment; Issuance of License; Proof of Liability Insurance

(a) Application for a license to operate a funeral establishment shall be made in writing on a form provided by the board. The application shall be verified by the applicant or, if the applicant is a corporation, firm, or other organization, by an officer or member thereof, and shall be accompanied by an application fee established by the board not to exceed five hundred dollars ($500) and proof of liability insurance as provided in subsection (e). The application shall disclose all of the following:
(1) The name and address of the establishment.
(2) That the establishment is operated by a managing funeral director and a managing embalmer or a person licensed both as a funeral director and embalmer.
(3) A description and photographs of the buildings, equipment, and facilities of the establishment.
(4) That the establishment has a sanitary, properly equipped embalming room, a room suitable for public viewing or other funeral services that is a minimum of 1,000 square feet, an office for arrangement conferences with relatives or authorized representatives, and a display room containing a stock of adult caskets and funeral supplies displayed in full size, cuts, photographs, or electronic images. At no time shall less than eight different adult full size caskets and at least one operating and properly licensed funeral coach or hearse equipped for transporting human remains in a casket or urn be on the premises. A funeral establishment that has more than one location under the same ownership wherein the profession of funeral directing is practiced is not required to maintain more than one preparation room upon satisfying requirements prescribed by the board.
(5) Such other information as may be required by the board.
(b) Upon receipt of the application, the board shall make inspection of the funeral establishment. If the board determines that the establishment meets the qualifications prescribed by law, it shall issue a license to operate a funeral establishment.
(c) Application for a license to operate a mortuary service shall be made in writing on a form provided by the board. The application shall be verified by the applicant or, if the applicant is a corporation, firm, or other organization, by an officer or member thereof, and shall be accompanied by an application fee established by the board not to exceed five hundred dollars ($500) and proof of liability insurance as provided in subsection (e). The application shall disclose all of the following:
(1) The name and address of the proposed mortuary service.
(2) That the mortuary service applicant is operated by a licensed embalmer or a person licensed both as a funeral director and embalmer.
(3) A description and photographs of the buildings, equipment, and facilities of the mortuary service applicant.
(4) That the mortuary service applicant has a sanitary, properly equipped embalming room.
(5) Such other information as may be required by the board.
(d) Upon receipt of the application, the board shall make inspection of the premises of the mortuary service applicant. If the board determines that the mortuary service applicant meets the qualifications prescribed by law, the board shall issue a license to operate a mortuary service.
(e) Commencing on October 1, 2023, each application for a license to operate a funeral establishment or to operate a mortuary service shall include proof of general liability insurance in an amount of at least one million dollars ($1,000,000). Upon request of the board, proof of continuing coverage shall also be provided for the renewal of either license.

Legislative History

(Acts 1975, No. 214, p. 705, §41; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)