AR Funeral Juris cheat sheet

Arkansas Code Title 17, Chapter 32 governs funeral directing and embalming; the Arkansas Board of Embalmers and Funeral Directors administers it.

Funeral director license requires: age 18+, high school diploma or equivalent, completion of a board-approved mortuary science program, passage of the Arkansas law exam and the national board exam, and a 12-month apprenticeship under a licensed funeral director.

Embalmer license requires: age 18+, high school diploma or equivalent, completion of a board-approved mortuary science program, passage of the Arkansas law exam and the national board exam, and a 12-month apprenticeship under a licensed embalmer.

Funeral establishment license requires: a licensed funeral director in charge, a preparation room meeting board standards, and compliance with local zoning and health regulations.

Continuing education: funeral directors and embalmers must complete 12 hours of CE every two years, including at least 2 hours in Arkansas funeral law and 2 hours in ethics.

License renewal occurs biennially by June 30 of odd-numbered years; late renewal incurs a penalty fee and may require reinstatement if lapsed over one year.

Grounds for discipline include: fraud or misrepresentation, unlicensed practice, failure to maintain establishment standards, and conviction of a felony involving moral turpitude.

Pre-need funeral contracts are regulated under Arkansas Code § 23-14-101 et seq.; sellers must be licensed and funds must be placed in trust or insurance.

Unprofessional conduct includes: soliciting business at a residence or hospital without invitation, paying or receiving commissions for referrals, and making false statements about services.

The Board consists of seven members appointed by the Governor: three licensed funeral directors, two licensed embalmers, one consumer member, and one member at large.

Board meetings are held at least quarterly; a quorum is a majority of members, and meetings are subject to the Arkansas Freedom of Information Act.

License applications must be submitted on board-approved forms with fees; incomplete applications are not processed and fees are non-refundable.

Apprenticeship rules: the apprentice must be supervised by a licensed funeral director or embalmer, and the board must receive monthly reports of progress.

The board may conduct inspections of funeral establishments without prior notice to ensure compliance with preparation room and sanitation standards.

Complaints must be filed in writing and sworn; the board investigates and may hold a hearing under the Arkansas Administrative Procedure Act.

Penalties include: reprimand, probation, suspension, revocation, and civil penalties up to $1,000 per violation.

Advertising rules: all advertising must include the name of the funeral establishment and may not be false or misleading; price lists must be available upon request.

Recordkeeping: establishments must maintain records of funerals, embalming, and pre-need contracts for at least five years and make them available to the board.

Funeral director license: must be at least 18, of good moral character, have a high school diploma or GED, complete a mortuary science program, pass exams, and complete apprenticeship.

Embalmer license: similar requirements to funeral director, with apprenticeship under a licensed embalmer and passage of the national embalming exam.

Reciprocity: the board may issue a license by reciprocity to an applicant licensed in another state with equivalent requirements, upon passing the Arkansas law exam.

Temporary licenses may be issued for a period not to exceed six months in cases of hardship, with board approval.

Apprentice registration: must be filed with the board before the apprenticeship begins; the apprentice must be at least 18 and have a high school diploma or GED.

License renewal: biennial renewal requires completion of 12 hours of CE, including 2 hours in law and 2 hours in ethics; renewal fee must be paid.

Inactive status: a licensee may request inactive status and must pay a fee; inactive licensees may not practice and must meet CE requirements to reactivate.

Establishment license: required for any place where funerals are arranged or embalming is performed; must have a licensed funeral director in charge and a preparation room.

Display of licenses: all licenses must be conspicuously displayed at the funeral establishment and available for inspection.

Embalming is required when the body will be publicly viewed, when required by law (e.g., communicable disease), or when the body will be transported across state lines by common carrier.

Refrigeration is an acceptable alternative to embalming if the body is held for less than 72 hours and not publicly viewed.

Funeral director must obtain a signed authorization for embalming and for disposition from the legally authorized person (next of kin or designated agent).

Price list: the funeral establishment must provide a written, itemized general price list at the beginning of any discussion of arrangements.

Disposition of unclaimed remains: funeral director must follow Arkansas law, including holding remains for a specified period and attempting to contact next of kin before final disposition.

Release of remains: the funeral director must release the body to the legally authorized person upon request, subject to payment of outstanding charges for services already rendered.

Confidentiality: funeral directors must maintain the confidentiality of all client information and may not disclose without consent, except as required by law.

Continuing education: licensees must complete 12 hours per biennium, including at least 2 hours in Arkansas funeral law and 2 hours in ethics.

Professional conduct: funeral directors may not solicit business at hospitals or residences, may not pay referral fees, and must avoid conflicts of interest.