§ 40-19-265 — Permit requirements for funeral homes.

(A) A permit for a funeral home may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment; (5) possesses the necessary equipment or merchandise, or both, required by regulation; (6) is in full compliance with Section 40-19-290. (B) A permit for a branch funeral home may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment; (5) possesses the necessary equipment or merchandise, or both, required by regulation; (6) is in full compliance with Section 40-19-290; (7) provides the name of the parent funeral home. (C) A permit for a retail sales outlet may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) is in full compliance with Section 40-19-290. (D) A permit for a crematory may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment; (5) possesses the necessary equipment or merchandise, or both, required by regulation; (6) is in full compliance with Section 40-19-290; (7) provides evidence of employment of a factory-trained operator. (E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business.

Legislative History

HISTORY: 2002 Act No. 322, SECTION 2; 2024 Act No. 223 (H.4116), SECTION 16, eff July 1, 2024. Effect of Amendment 2024 Act No. 223, SECTION 16, in (A)(4), (B)(4), and (D)(4), substituted "seventy-five" for "twenty-five", and made a nonsubstantive change.