§ 3-411 — Prohibited acts; exemption for services provided during emergency.

(a) No person shall engage in the practice of funeral directing in the District of Columbia without being licensed in accordance with this chapter.

(b) No funeral services establishment licensee shall engage in, or permit any employee or agent to engage in, the practice of funeral directing unless the person performing these duties is a funeral director licensed pursuant to this chapter or an apprentice funeral director licensed pursuant to this chapter and under the direct or immediate supervision of a licensed funeral director as required by this chapter. The direct or immediate supervision requirement shall not extend to employees whose duties are limited to the business management activities of the establishment.

(c) No person shall operate a funeral services establishment in the District unless the person is licensed in accordance with this chapter. A separate funeral services establishment license shall be required for each location in the District.

(d) No person shall engage in the practice of funeral directing if the person is employed on a part-time or full-time basis by a nursing home, hospital, morgue, physician’s office, the Office of the Chief Medical Examiner, or an ambulance service.

(d-1) A funeral services establishment shall not operate an emergency medical transport service with technicians or drivers who do not work exclusively for the medical transport service.

(e) No person licensed as a funeral director or apprentice funeral director, or licensed to operate a funeral services establishment shall allow any other person to use or practice under his or her license.

(f) No person shall perform funeral directing services at any funeral services establishment in the District unless he or she has on display at the establishment a valid current license to practice at that location. Any license issued pursuant to this chapter shall be good only for the location designated thereon.

(g) No person employed by a nursing home, hospital, morgue, physician’s office, the Office of the Chief Medical Examiner, or an ambulance service shall inform a funeral services establishment, funeral director, or representative or employee of a funeral services establishment of a death or impending death at the institution if the person is employed for the purpose of facilitating solicitation, as defined in § 3-402(19) , by the funeral services establishment, funeral director, representative, or employee.

(h) This chapter does not prohibit the provision of funeral, cremation, cemetery, or other mortuary services by an individual who is authorized to provide such services under Chapter 23C of Title 7 [ § 7-2361.01 et seq.], while an emergency declaration is in effect.

Legislative History

May 22, 1984, D.C. Law 5-84, § 12, 31 DCR 1815; July 1, 2010, D.C. Law 18-184, § 14(a), 57 DCR 3655; Sept. 24, 2010, D.C. Law 18-223, § 2082(d), 57 DCR 6242