WSR 97-16-063

PROPOSED RULES

DEPARTMENT OF LICENSING

(Board of Funeral Directors and Embalmers)

[Filed August 1, 1997, 10:56 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 95-22-003.

Title of Rule: Funeral establishment facility, equipment, and embalming and preparation room standards.

Purpose: To amend WAC 308-48-031 to address the minimum facility, equipment, and prep standards that are necessary for operating a funeral establishment.

Statutory Authority for Adoption: RCW 18.39.175(4).

Statute Being Implemented: Chapter 18.39 RCW.

Reasons Supporting Proposal: With the increased number of funeral establishments becoming licensed, many of which offer only alternative care of human remains, there is a need to clarify the facility and equipment standards by which a funeral establishment can operate. This rule will protect the public health and maintain appropriate professional standards by identifying the minimum facility standards necessary for a funeral establishment to provide for the respectful care of human remains and to operate a funeral business.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jon Donnellan, Administrator, Department of Licensing, 405 Black Lake Boulevard, Olympia, (360) 586-4905.

Name of Proponent: Board of Funeral Directors and Embalmers, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: At present, the only statutory requirements for a funeral establishment license are: (1) That it have a designated name and location; (2) the applicant must be, or employ, a licensed funeral director and embalmer at each location; (3) be licensed by the department; and (4) the applicant shall be bound by all then existing prearrangement funeral service contracts when purchasing an existing funeral establishment. This rule addresses the need to:

Have an exclusive area/office to conduct business and to maintain business records;

Identify the location to the public as the location of the business;

Provide a private and secure area for holding human remains which will include: A refrigerated holding area for unembalmed remains; a sink with hot and cold running water; covered receptacles for soiled linens and waste materials; adequate chemicals for disinfection of human remains and the equipment used in handling and caring for them; a chemical storage area.

Provide rest rooms for staff and the public;

Provide the identification of the facility where the human remains are held when the holding of human remains is not provided for at the establishment;

Provide for privacy of the remains when being transported in a vehicle.

Proposal Changes the Following Existing Rules: This rule identifies requirements in areas listed in Explanation of Rule above which are deficient in existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Board of Funeral Directors and Embalmers gave serious consideration to the economic impacts of this rule and were unanimous that the rule has no economic impact because all existing funeral homes are already fully in compliance with the new sections of the rule and determined there are no new costs. The rule reflects the current standards that exist in the profession that needed to be placed in rule so that these standards will continue to exist for the benefit of the public.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Department of Licensing is exempt from this statute.

Hearing Location: Holiday Inn (Ballroom "C"), 800 Rainier Avenue South, Renton, WA 98055, (425) 226-7700, on September 18, 1997, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Jon Donnellan by telephone, TDD (360) 586-2788, or (360) 586-4905.

Submit Written Comments to: Jon Donnellan, Administrator, Funeral and Cemetery Unit, P.O. Box 9012, Olympia, WA 98507-9012, (360) 586-4905, FAX (360) 664-2550, by September 11, 1997.

Date of Intended Adoption: September 18, 1997.

August 1, 1997

Jon Donnellan

Administrator

AMENDATORY SECTION (Amending Order PM 716, filed 3/28/88)

WAC 308-48-031 Funeral establishment facility, equipment, and embalming and preparation room standards. (((1) Embalming.)) A funeral establishment or branch establishment shall:

(1) Have an exclusive area/office at an identified location for conducting the business which is accessible to the public.

(2) Provide private and secure area(s) for holding human remains which will include:

(a) A refrigerated holding area of adequate capacity for unembalmed remains with a maximum temperature of 48 degrees Fahrenheit;

(b) A sink with hot and cold running water;

(c) Covered receptacles for soiled linens, bandages, refuse and other waste materials which meet OSHA, WISHA, department of health and any other applicable regulations;

(d) Adequate chemicals for the disinfection of human remains and the equipment used in handling and caring for human remains;

(e) Chemical storage that meets OSHA, WISHA, department of health and any other applicable regulations.

(3) Provide rest rooms that are available for staff and the public.

(4) In the case where the holding of human remains is not provided at this facility, provide the identification of the facility to the board and the public where this establishment or branch provides for the holding and/or preparation of the human remains entrusted to its care (this off-site facility must meet the above requirements).

(5) Provide for the privacy of uncasketed human remains in vehicles used for transportation of the remains by screening, curtains, or adequately tinted windows.

(6) Provide that if embalming is performed at the establishment or branch, no embalming of a ((body of a deceased person)) human remains shall be performed in a funeral establishment or branch establishment except in a room set aside exclusively for embalming ((or other preparation)) of a ((body of a deceased person)) human remains. Such room shall be maintained and kept in a clean sanitary condition((.

(2) Embalming and preparation room.)), and every embalming and preparation room shall be constructed, equipped, and maintained as follows:

(a) The surfaces of the floor, walls, and ceiling shall be covered with tile or other hard, smooth, impervious washable material.

(b) The room shall be adequately lighted and adequately ventilated. The ventilation shall be provided by an exhaust fan or by an appropriate air-conditioning unit which will completely remove objectionable fumes.

(c) The room shall be equipped and provided with hot and cold running water, a utility sink, and cabinets, closets or shelves for instruments and supplies.

(d) The room shall be equipped with adequate sewage and waste disposal and drainage facilities and systems.

(e) The doors shall be tight closing and rigid and any windows of the room shall be so maintained as to obstruct any view into such room. The room's entry door(s) must be labeled "Private" or "Authorized Entry Only."

(f) The embalming or preparation table shall be nonporous.

(g) The room shall be equipped with proper and convenient covered receptacles for refuse, bandages, cotton, and other waste materials.