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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2017

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24 DE Admin. Code 3100
On January 1, 2017 the Delaware Board of Funeral Services published proposed changes to its regulations in the Delaware Register of Regulations, Volume 20, Issue 7. The notice indicated that written comments would be accepted by the Board, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on March 28, 2017 at a regularly scheduled meeting of the Board of Funeral Services to receive verbal comments regarding the Board's proposed amendments to its regulations.
Board Exhibit 1- Affidavit of publication of the public hearing notice in the News Journal; and
Board Exhibit 2- Affidavit of publication of the public hearing notice in the Delaware State News.
3. Pursuant to 24 Del.C. §3105(a)(1) the Board has the statutory authority to promulgate rules and regulations to implement or clarify specific statutory sections of its statute.
NOW THEREFORE, pursuant to 24 Del.C. §3105(a)(1) and for the reasons set forth above, the Board does hereby ORDER that the regulations be, and that they hereby are, adopted and promulgated as set forth in the Delaware Register of Regulations on January 1, 2017. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(g).
SO ORDERED this 23rd day of May, 2017.
DELAWARE BOARD OF FUNERAL SERVICES
1.3 In accordance with 29 Del.C. §8807, the Division of Professional Regulation shall maintain and keep all records of licensed funeral directors in the State of Delaware issuing a number and date to each license.
1.5 In accordance with the Freedom of Information Act, 29 Del.C. §10004(c), the Division of Professional Regulation shall publish an agenda of all meetings which shall include the time, dates and places of said meetings and an agenda. The Board shall also give public notice of the regular meetings and its intent to hold an executive session closed to the public at least seven days in advance. However, the agenda may be subject to change to include additional items not on the agenda including executive sessions closed to the public which arise at the time of the Board's meeting.
2.3 The equivalent of an Associate Degree as that term is used in 24 Del.C. §3107 and herein is a certificate in mortuary science that required a minimum of thirty (30) semester credit hours. In addition to said certificate, sufficient semester credit hours earned from a regionally accredited institution of postsecondary education, so that the applicant has earned a total of at least sixty (60) semester credit hours, are required.
2.4 The Division, upon request of a registered intern or applicant seeking licensure via reciprocity, shall administer the State examination required by 24 Del C. §3107(a)(3) based solely upon the laws and regulations of Delaware which may govern, impact on, and relate to the profession including preneed funeral service contracts, consumer protection law and regulations, and laws and regulations governing crematories and cemeteries. An applicant for full licensure, whether via initial or reciprocal licensure, shall be deemed to have successfully passed the state examination with a minimum grade of 70%. The national examination required by 24 Del. C. §3107(a)(2) may be taken before or during the internship.
2.5 As required by 24 Del.C. §3107(a)(4), an applicant other than one seeking licensure via reciprocity shall satisfactorily complete an internship of one year's duration in a licensed Delaware funeral establishment under the auspices of a licensed Delaware funeral service practitioner. In order for an applicant to apply for an internship, the applicant shall have certified on a form approved by the Board that he or she has graduated from an accredited high school or its equivalent, and has received an Associate Degree or its equivalent in mortuary science, consisting of sixty (60) credit hours, from a school fully accredited by the ABFSE or its successor. Satisfactory completion of an internship requires a minimum of twenty-five (25) embalming reports and four (4) completed quarterly work reports evidenced by a notarized statement by the sponsor. An intern may be given one extension of his or her internship for an additional year.
A licensed funeral director in the State of Delaware shall comply with all Federal Trade Commission Regulations governing the pricing of funeral services and merchandise and the method of payment for funeral services as defined under 24 Del.C. §3101(7). Upon the issuance of a funeral director's license, a licensed funeral director represents that he/she is familiar with all Federal Trade Commission rules and regulations and shall abide by the same. A licensee may be subject to discipline pursuant to 24 Del.C. Ch. 31, et seq. if these rules or regulations have been violated by the licensee.
4.1 The Board shall issue and renew establishment permits as provided in 24 Del.C. §3117. As used herein, an establishment is the building or structure where the practice of providing funeral services is conducted.
4.2 Unless exempt under 24 Del.C. §3101(6), the building in which funeral services are provided shall contain a room having the fixtures necessary for the care and preparation of human remains for funeral service, burial, entombment or cremation. Such fixtures include, at a minimum, embalming machine and table, aspirator, embalming instruments, embalming fluids, an operating drainage system, syringes, needles and surgical supplies and an operating ventilation system.
4.3 Unless exempt under 24 Del.C. §3117(a)(2), a funeral establishment shall have a licensed funeral director in charge full time therein.
4.3.2 A business operating in a funeral establishment since September 6, 1972 retains an exemption under 24 Del.C. §3117(a)(2) only so long as the record owner of the business does not change.
During any period a licensed funeral director's license has lapsed, been revoked or suspended by the Board in accordance with 24 Del.C. §§3111 or 3114, no other licensed funeral director in the State of Delaware may register death certificates or secure burial permits for the licensee whose license has been revoked, suspended or has lapsed. Nor shall the licensee whose license has lapsed, been revoked or suspended by the Board, be able to register death certificates or secure burial permits. The Board may notify the Division of Public Health, the Department of Health and Social Services, the Medical Examiner's Office or other appropriate state or federal agency that said funeral director is prohibited from practicing funeral services as defined by 24 Del.C. Ch. 31.
9.1.1 This rule is promulgated under the authority of 24 Del.C. §3105 which grants the Board of Funeral Services (hereinafter “the Board”) authority to provide for rules for continuing funeral services education as a prerequisite for license renewal.
9.4.3 Programs approved by the Academy of Funeral Service Practitioners (AFSP) are automatically approved and need not be submitted to the Board.
11.1.87 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
11.1.108 Manslaughter. 11 Del.C. §632.
11.1.119 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
11.1.120 Murder by abuse or neglect in the first degree.11 Del.C. §634.
11.1.131 Murder in the second degree. 11 Del.C. §635.
11.1.142 Murder in the first degree. 11 Del.C. §636.
11.1.153 Promoting suicide. 11 Del.C. §645
11.1.164 Abortion. 11 Del.C. §651
11.1.17 Self-abortion.11 Del.C. §652
11.1.2015 Unlawful sexual contact in the second degree.11 Del.C. §768
11.1.2116 Unlawful sexual contact in the first degree. 11 Del.C. §769
11.1.2217 Rape in the fourth degree. 11 Del.C. §770
11.1.2318 Rape in the third degree. 11 Del.C. §771
11.1.2419 Rape in the second degree. 11 Del.C. §772
11.1.2520 Rape in the first degree. 11 Del.C. §773
11.1.2721 Bestiality. 11 Del.C. §777 775
11.1.2822 Continuous sexual abuse of a child. 11 Del.C. §778 776
11.1.2923 Dangerous crimes against a child. 11 Del.C. §779 777
11.1.3024 Female genital mutilation.11 Del.C. §780
11.1.3125 Kidnapping in the second degree. 11 Del.C. §783
11.1.3226 Kidnapping in the first degree. 11 Del.C. §783A
11.1.3427 Arson in the third degree. 11 Del.C. §801
11.1.3528 Arson in the second degree. 11 Del.C. §802
11.1.3629 Arson in the first degree.11 Del.C. §803
11.1.3830 Burglary in the third degree. 11 Del.C. §824
11.1.3931 Burglary in the second degree. 11 Del.C. §825
11.1.4032 Burglary in the first degree. 11 Del.C. §826
11.1.4133 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828
11.1.4234 Robbery in the second degree.11 Del.C. §831
11.1.4335 Robbery in the first degree. 11 Del.C. §832
11.1.4436 Carjacking in the second degree.11 Del.C. §835
11.1.4537 Carjacking in the first degree. 11 Del.C. §836
11.1.4638 Felony theft. 11 Del.C. §841
11.1.4739 Theft; lost or mislaid property. 11 Del.C. §842
11.1.4840 Theft; false pretense. 11 Del.C. §843
11.1.4941 Extortion 11 Del.C. §844 846
11.1.5042 Theft, extortion; claim of right as an affirmative defense. 11 Del.C. §846 847
11.1.5143 Misapplication of property. 11 Del.C. §848
11.1.5244 Use, possession manufacture, distribution and sale of unlawful telecommunication and access devises. 11 Del.C. §850
11.1.5345 Receiving stolen property. 11 Del.C. §851
11.1.5546 Identity theft. 11 Del.C. §854
11.1.5647 Forgery. 11 Del.C. §861
11.1.5748 Possession of forgery devices. 11 Del.C. §862
11.1.5849 Falsifying business records. 11 Del.C. §871
11.1.5950 Tampering with public records in the second degree. 11 Del.C. §873
11.1.6051 Tampering with public records in the first degree. 11 Del.C. §876
11.1.6152 Offering a false instrument for filing. 11 Del.C. §877
11.1.6253 Issuing a false certificate. 11 Del.C. §878
11.1.63 Bribery.11 Del.C. §881
11.1.6554 Unlawful use of credit card. 11 Del.C. §903
11.1.6655 Reencoder and scanning devices. 11 Del.C. §903A
11.1.6856 Criminal impersonation, accident related. 11 Del.C. §907A
11.1.6957 Criminal impersonation of a police officer. 11 Del.C. §907B
11.1.7058 Unlawfully concealing a will. 11 Del.C. §908
11.1.7259 Insurance fraud. 11 Del.C. §913
11.1.7360 Use of consumer identification information. 11 Del.C. §914
11.1.7461 Use of credit card information. 11 Del.C. §915
11.1.7562 Unauthorized access. 11 Del.C. §932
11.1.7663 Misuse of computer system information. 11 Del.C. §935
11.1.7764 Endangering the welfare of a child. 11 Del.C. §1102
11.1.8065 Sexual exploitation of a child. 11 Del.C. §1108
11.1.8166 Unlawfully dealing in child pornography. 11 Del.C. §1109
11.1.8267 Possession of child pornography. 11 Del.C. §1111
11.1.8368 Sexual solicitation of a child. 11 Del.C. §1112A
11.1.8469 Perjury in the second degree. 11 Del.C. §1222
11.1.8570 Perjury in the first degree. 11 Del.C. §1223
11.1.8771 Tampering with physical evidence. 11 Del.C. §1269
11.1.8872 Hate crimes. 11 Del.C. §1304
11.1.9073 Abusing a corpse. 11 Del.C. §1332
11.1.9174 Trading in human remains and associated funerary objects. 11 Del.C. §1333
11.1.9275 Adulteration. 11 Del.C. §1339
11.1.9376 Desecration of a burial place. 11 Del.C. §1340
11.1.9477 Act of intimidation. 11 Del.C. §3532
11.1.9578 Aggravated act of intimidation. 11 Del.C. §3533
11.1.9679 Attempt to intimidate. 11 Del.C. §3534.
11.1.9780 Alteration, theft, or destruction of will. 12 Del.C. §210
11.1.10881 Duty of driver involved in accident resulting in injury or death to any person. 21 Del.C. §4202
12.1.1 "Advertise," "advertising," or "promotional medium" means the use of printed media, radio, television, billboards, the internet, stationary, contracts, price lists, calendars, fans, novelty items, or any other advertising method or medium.
Last Updated: December 31 1969 19:00:00.
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