WSR 97-21-061

PERMANENT RULES

DEPARTMENT OF LICENSING

(Board of Funeral Directors and Embalmers)

[Filed October 14, 1997, 10:12 a.m.]

Date of Adoption: September 18, 1997.

Purpose: To amend WAC 308-48-030 to address the minimum standards that are necessary for the proper care of human remains.

Citation of Existing Rules Affected by this Order: Amending WAC 308-48-030.

Statutory Authority for Adoption: RCW 18.39.175(4).

Adopted under notice filed as WSR 97-16-064 on August 1, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

September 18, 1997

Merrie Burley

Chairman

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

WAC 308-48-030 ((Restrictions.)) Care of human remains. (1) ((Licensees in all their licensed activities, shall)) Funeral establishments, funeral directors, embalmers, apprentices, employees or agents while providing for the care and handling of human remains shall:

(a) Comply with all applicable Washington state laws, rules and regulations related to health or the handling ((or disposal)), transportation or disposition of human remains.

(((2) No licensee, apprentice, employee or agent of the licensee, in handling a dead body, shall perform any unnecessary act which will tend to affect adversely the dignity or the respectful and reverential handling and burial or other customary disposal of the dead.

(3))) (b) Not perform any act which will tend to affect adversely the dignity, individual integrity or the respectful and reverential handling and burial or other customary disposition of human remains.

(c) Upon receipt of the human remains, obtain the identity of the human remains as established by the institution, agency, or individual releasing the remains.

(d) Place an identification bracelet or tag on the ankle or wrist of the remains. In the case of a remains that must be placed in a protective pouch due to the condition of the remains, an identification bracelet or tag should be placed inside the pouch and a second bracelet or tag attached to the exterior of the pouch.

(e) Follow the directions of the individual or individuals that has/have the right to control the disposition of the human remains.

(f) Record and maintain the following information:

(i) Name of deceased;

(ii) Date of death;

(iii) Place of death;

(iv) Name and relationship of person(s) having the right to control the disposition;

(v) Date and time of receipt of remains;

(vi) Date and time of refrigeration and/or embalming;

(vii) Method, date and location of disposition.

(g) Not separate any organs, viscera or appendages of a human remains from any other portion of the remains for a separate or different disposition. The entire human remains that the funeral establishment has received and has possession of must be maintained and disposed of as one entity.

(h) Provide refrigerated holding of a human remains for which embalming has not been authorized.

(2) The care and preparation for burial or other disposition of all human ((dead bodies)) remains shall be private. No one shall be allowed in the embalming or preparation rooms while a ((dead body)) human remains is being embalmed or during the course of an autopsy except the licensee, his authorized employees, and public officials in the discharge of their duties. This rule shall not apply to duly authorized ((doctors and nurses)) medical personnel employed in a case, nor to members of the immediate family of the deceased or those authorized to be present by the decedent's next of kin.

(((4))) (3) Every licensee shall provide a written itemization of any property, money, jewelry, possessions or other items of significant value found on a ((body)) human remains in the licensee's care, custody or control to the decedent's next of kin or the proper authorities.