Ala. Admin. Code r. 395-X-6-.15

Current through Register Vol. 42, No. 10, July 31, 2024
Section 395-X-6-.15 - Inspection Penalties
(1) Any violation under this section is a violation of minimum standards and a threat to the health, safety, and welfare of the public. A funeral establishment or mortuary service licensed by the board shall pay a fine to the board for each violation of this section. If the inspector or a representative of the board finds a violation during an inspection, he or she may immediately issue a citation listing each violation and fine or submit the matter to the board in accordance with the administrative procedures act. After a citation has been issued, the licensee shall either pay the amount of the fine to the board or submit a written request for an administrative hearing before the board. A request for an administrative hearing before the board shall be received by the board not later than 30 calendar days after the day the citation is issued. Failure to either pay the fine or timely request an administrative hearing before the board shall cause additional disciplinary action to be taken against the licensee. The requirements for inspections and the fines for violations under this section are as follows:

Minimum Standards

Fine for Violating

1. Licenses

a. A license issued under this chapter shall be current and on public display in an area not restricted from the public travel.

$200.00

b. Each license issued under this chapter shall be displayed in the place of business or employment of the licensee.

$100.00

2. Selection Room

a. Each funeral establishment shall have a clean and neatly arranged selection or display room containing a stock of adult caskets and funeral supplies displayed in full size, cuts, photographs, or electronic images of caskets for persons to view available funeral merchandise or supplies.

$200.00

b. At no time shall less than eight different adult

$300.00 per

full-size caskets be on the premises of the funeral establishment.

casket below the minimum

c. Each funeral establishment shall have a card or brochure in each full-size and cut casket and on each photograph and electronic image of a casket stating the unit price of that casket.

$100.00 per casket without a card or brochure

3 . Rest Room

a. Each funeral establishment shall have at least one public rest room. Each rest room shall have a nonporous floor, clean walls, and shall be equipped with hot and cold running water, roll or disposable towels or an electronic hand dryer, and necessary lighting for adequate visibility.

$100.00

b. No public rest room shall be used as a storage area for mops, brooms, or any other such items.

$100.00

4. Preparation Room / Branch Location

i. One approved embalming table

$200.00

ii. Correctly operating embalming equipment

$200.00

iii.A selection of all professional equipment necessary for embalming.

$200.00

iv. Nonporous floors and walls.

$200.00

v. Hot and cold running water.

$100.00

vi. A working ventilation fan.

$200.00

vii.A suitable container for waste disposal.

$100.00

viii. A suitable container for soiled linen or clothing

$100.00

ix. Proper drainage.

$200.00

x. Embalming room and its contents are kept clean of blood when not in use.

$200.00

xi. At no time shall the preparation room be used as a storage area.

$100.00

xii.Aspirator, trocar, nasal tube aspirator, aspirating hoses.

$200.00

5 . Embalming Record

a. Each funeral establishment in the state shall keep a current record of each human dead body embalmed at the establishment and shall retain such record for a period of not less than four years. The record may be in simple log form and shall contain the name of the deceased, the date of embalming, the time the embalming procedure began and ended, and the signature of the embaimer.

$200.00

6. Identification of Dead Human Bodies

a. Each funeral establishment shall comply with Section 22-19-5 and 395-X-6-.07 by affixing a non-detachable ankle bracelet with identifying information to each dead human body in the possession or custody of the funeral establishment.

$100.00 per

body not identified

7. General Interior

a. There are no rotten or deteriorated floor boards or flooring which is subject to public travel.

$100.00

b. All outside openings are screened, covered, or otherwise sealed to prevent the entrance of insects or rodents.

$100.00

c. Any openings between the preparation room and public areas are sealed to prevent fumes from escaping into those public areas.

$100.00

d. All public areas are well maintained with a clean and attractive appearance including the repair and proper maintenance of all walls, ceilings, and floors and the absence of holes, scaling paint, or any other deterioration.

$200.00

8 . General Exterior

a. The premises are free of litter and debris.

$200.00

b. All areas subject to public travel are free of objects or other matter which could cause possible injury.

$200.00

c. All roofing or overhead coverings are well

maintained to prevent any leaks to the interior of the funeral establishment.

$200.00

9. Hearse or Funeral Coach

a. One operating and properly licensed funeral coach or hearse, equipped for transporting human remains in a casket or urn, on the premises.

$300.00

b. Mortuary Service must have at least one operating and properly licensed motor vehicle, equipped for transporting human remains in a casket or urn.

$300.00

10. Access

a. Each funeral establishment shall allow reasonable access to the board, or an authorized agent or representative of the board, for inspecting the facilities of the funeral establishment.

$400.00

11. Crematory Facilities

(a) Clean, Orderly and Sanitary

$100.00

(b) Nonporous floors

$200.00

(c) Hot and cold running water.

$100.00

(d) Operating processing equipment

$200.00

(e) Operational Ventilation unit in conjunction with processer

$200.00

(f) Necessary equipment and supplies to complete the cremation process

$200.00

(g) Combustible Container being used

$200.00 per body not in a combustible container

(h) Combustible Container present

$200.00

(i) Identifying information on Combustible Container

$100.00 per container not identified

(j) Operable Refrigeration system within the required constant temperature

$200.00

(k) Metal Tags with identifying information

$300.00

(1) Are Containers containing cremains properly identified

$200.00 per container

12. Cremation Chamber

(a) Reasonable clean and free of excessive residue

$100.00

13. Record

(a) Crematory Operator Certificates Posted

$100.00

(b) Cremation Authorization meets requirements

$500.00

(c) State ID Forms being completed

$500.00

(d) Cremation Log Current and has required information

$200.00

14. Pricing Requirements (All Funeral Establishment)

(a) Does the establishment pricing meet the rules established by the Federal Trade Commission?

$500.00

(2) If the board finds a licensee guilty of any violation of Chapter 13, Title 34, Code of Alabama 1975 or Chapter 395 of the administrative code, including but not limited to, any violation of subsection (a) and the infractions therein, the board may refuse to grant, refuse to renew, or suspend or revoke a license, after proper hearing and notice to the licensee, upon the licensee being found guilty of any violation of this chapter. The board may levy and collect administrative fines for any violation of this chapter, or the rules or regulations of the board, in an amount not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation of this chapter for which the licensee has been found guilty. Repeat violators will be subject to further disciplinary action by the Board in accordance with the Code of Ala. 1975, Title 34 Chapter 13.

Ala. Admin. Code r. 395-X-6-.15

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 12, September 29, 2017, eff. 10/27/2017.

Was previously .09 and renumbered to .15 per certification filed September 12, 2017; effective October 27, 2017.

Author: Charles M. Perine

Statutory Authority:Code of Ala. 1975, §§ 34-13-26, 34-13-56, 34-13-111, 34-13-113.