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Current through October 23, 2012
(a) Funeral director's license. -- Except as provided in subsections (b) and (c) of this section, an applicant for licensure as a funeral director shall furnish satisfactory proof to the Mayor that he or she:
(1) Is at least 18 years of age;
(2) Is a graduate of a high school or possesses the equivalent education as approved by the Mayor;
(3) Is a graduate of an accredited school or college of mortuary science whose course of instruction is not less than 12 months in duration or is composed of not less than 840 hours of study; or has successfully completed a 2-year course of study leading to an associate degree in mortuary science;
(4) Has had at least 2 years of practical experience as an apprentice funeral director if he or she is a graduate of a school or college of mortuary science, or at least 1 year of practical experience if he or she possesses an associate degree in mortuary science; has actually embalmed at least 25 human remains; and has actually conducted or directed at least 25 funerals. This experience shall be verified by the sworn affidavit of each funeral director under whose immediate supervision the apprentice funeral director's duties were performed, indicating the number of human remains embalmed by the applicant and the number of funerals conducted or directed during the period of apprenticeship served under the supervision of the funeral director;
(5) Is fully acquainted with District and federal laws relating to the practice of funeral directing, in a manner to be determined by the Mayor;
(6) Has paid all required fees;
(7) Has passed a nationally approved examination; and
(8) Has met all additional requirements set by the Mayor.
(b) Special licensing. -- (1) Notwithstanding the requirements set forth in subsection (a) of this section, any funeral director licensed by the District as an undertaker on May 22, 1984, shall be qualified for licensure under this chapter upon meeting the qualifications in paragraphs (1), (5), and (6) of subsection (a) of this section.
(2) Any apprentice funeral director licensed by the District on May 22, 1984, and actively engaged in discharging the duties of a funeral director from January 1, 1973, through January 1, 1990, shall be qualified for licensure as a funeral director upon:
(A) Meeting the qualifications in paragraphs (1), (5), and (6) of subsection (a) of this section;
(B) Passing the nationally approved oral and practical examination; and
(C) Furnishing proof to the Mayor that he or she was discharging the duties of a funeral director during the specified period.
(3) Every person who on August 1, 1947, would have qualified for licensure under § 47-2843(c), and who has discharged the duties of a funeral director from January 1, 1973, through January 1, 1983, and continues to discharge those duties shall be qualified for licensure as a funeral director upon:
(A) Meeting the qualifications in paragraphs (1), (5), and (6) of subsection (a) of this section;
(B) Passing any oral and practical examination the Mayor may require to determine that the person is fully acquainted with District and federal laws relating to the practice of funeral directing; and
(C) Furnishing proof to the Mayor that he or she was discharging the duties of a funeral director during the specified period.
(4) Applicants to be licensed by paragraphs (2) and (3) of this subsection must comply with the requirements of this chapter within 2 years following the date on which the Mayor establishes the examinations required by paragraph (5) of this subsection.
(5) The Mayor shall, within 6 months of June 19, 1998, establish the necessary examinations to test individuals for licensure as funeral directors under paragraphs (2) and (3) of this subsection. The Mayor shall conduct these examinations at least twice during the 2-year period following the date these examinations are established.
(c) Reciprocity. -- An applicant for a license by reciprocity to practice as a funeral director in the District must furnish proof to the Mayor that he or she:
(1) Is currently licensed in good standing as a funeral director in a state or territory of the United States wherein the requirements for licensure are substantially equal to or exceed those in effect in the District, and which state or territory admits funeral directors licensed by the District in a like manner; and
(2) Meets the qualifications specified in paragraphs (1), (2), (5), and (6) of subsection (a) of this section.
(d) Apprentice funeral director's license. -- An applicant for licensure as an apprentice funeral director must furnish proof satisfactory to the Mayor that he or she:
(1) Is at least 18 years of age;
(2) Is a graduate of a recognized high school or possesses the equivalent education as approved by the Mayor;
(3) Is fully acquainted with District and federal laws relating to the practice of funeral directing and embalming, in a manner to be determined by the Mayor;
(4) Has paid all required fees; and
(5) Has successfully completed or is enrolled in an accredited school or college of mortuary science, or has successfully completed or is enrolled in a 2-year course of study leading to an associate degree in mortuary science as required by paragraph (3) of subsection (a) of this section.
(e) Funeral services establishment license. -- (1) No funeral services establishment shall be operated in the District unless licensed as a funeral services establishment in accordance with subchapter I-A of Chapter 28 of Title 47.
(1A) Licenses issued under this subsection shall be issued as Public Health Funeral Establishment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(2) No individual may be licensed to operate a funeral services establishment unless that individual is also licensed as a funeral director under this chapter.
(3) No corporation, partnership, or other business entity may be licensed to operate a funeral services establishment unless: (A) One of the owners of the funeral services establishment business is licensed as a funeral director under this chapter, and (B) the business entity designates a principal funeral director, licensed under this chapter, who will be responsible for the daily operation of the funeral services establishment. The Mayor shall issue rules and regulations pursuant to § 3-420 to ensure that the corporation, partnership, or other business entity comes into prompt compliance with this paragraph when death or termination of the business relationship removes the owner who is a licensed funeral director or the licensed funeral director responsible for the daily operation of the funeral services establishment.
(4) All funeral services establishments operated in the District shall be built, equipped, arranged, occupied, and maintained in compliance with all applicable District and federal laws.
(5) The Board shall provide the Office of the Chief Medical Examiner and all facilities and agencies, as defined in § 44-501(c), with a list of all funeral services establishments and a list of funeral directors, apprentice funeral directors, and courtesy card holders authorized to receive human remains for care or preparation in accordance with this chapter. The list shall:
(A) Consist only of funeral services establishments licensed and operating in the District of Columbia pursuant to this subsection;
(B) Include the funeral services establishment license number; and
(C) Be updated annually.
(f) Surviving spouse license. -- (1) Upon the death of the funeral director licensed to operate the funeral services establishment, the Mayor may issue a funeral services establishment license to the funeral director's surviving spouse or estate when the following conditions have been met:
(A) The surviving spouse or estate must notify the Mayor within 10 days of the death of the funeral director of the intent to continue operating the funeral services establishment, and must apply for a funeral services establishment license within 30 days of the death of the funeral director; and
(B) The surviving spouse or estate must identify a funeral director licensed by the District who will be responsible for the day-to-day operation of the funeral services establishment as required by this chapter.
(2) A surviving spouse shall qualify for a license pursuant to this subsection only as long as he or she remains unmarried, except that any surviving spouse presently operating a funeral services establishment on May 22, 1984, is grandfathered.
(3) An estate shall qualify for a license pursuant to this subsection for a period not to exceed 3 years from the date of the funeral director's death.
(g) Application procedures for licenses. -- (1) Each applicant for a license shall file with the Mayor a complete and true application on a form approved by the Mayor.
(2) Each application for a funeral director's and apprentice funeral director's license shall be accompanied by a recent photograph of the applicant's face, measuring approximately 1" x 1 1/2 ".
(3) Each application for a license pursuant to paragraph (1) of this subsection shall be sworn to before a notary public.
(4) The Mayor shall review and take action on all applications within a reasonable time after filing. An applicant for any license has the burden of proving compliance with the qualifications and requirements for obtaining the license desired. The Mayor may not presume qualifications and requirements not shown on the application. The Mayor may refuse to act on the application and may require the applicant to submit additional information if the application contains incomplete or evasive information.
(5) The Mayor may deny, after notice and opportunity for hearing, any application if: (A) The applicant has knowingly made or allowed to be made on his behalf any false or misleading statements in connection with his or her application, or (B) the applicant or an agent of the applicant has attempted to improperly influence any member of the Board or officer or employee of the District in the discharge of duties relating to the application.
(6) Each applicant for a funeral director's license for which an examination is required shall make application to take the examination not later than 60 calendar days prior to the date of the examination.
(7) Procedures governing applications for a funeral director's license, an apprentice funeral director's license, a surviving spouse license, and a license to operate a funeral services establishment shall be prescribed in rules and regulations issued by the Mayor pursuant to § 3-420.
(h) Examination. -- (1) The Mayor shall conduct each year in the District at least 1 nationally approve examination for licensure as a funeral director. The Mayor may schedule additional examinations he or she determines to be necessary. The Mayor shall fix the time and place for each examination.
(2) The funeral director's license examination shall consist of the following 3 parts: (A) Written examination, (B) oral examination, and (C) practical demonstration.
(3) The Mayor may waive the written portion of the examination if an applicant for a funeral director's license has previously passed the written portion of the nationally approved examination as defined by § 3-402(16).
(4)(A) The written portion of the funeral director's license examination shall consist of questions relating to embalming, anatomy, pathology, bacteriology, chemistry, restorative art, and mortuary administration.
(B) The practical demonstration portion of the funeral director's license examination shall consist of a demonstration by the applicant, in the presence of 2 or more members of the Board, of his or her knowledge and skill in the care, preparation, and preservation of human remains.
(C) The oral portion of the funeral director's license examination shall consist of questions on District and federal laws and regulations governing the practice of funeral directing, including, but not limited to, the following subjects:
(i) The Anatomical Board, human tissue banks, and anatomical gifts;
(ii) Vital statistics and containers for cremated human remains;
(iii) Trafficking in dead bodies;
(iv) Cemeteries and crematories;
(v) Licensing of funeral directors; and
(vi) Penalty provisions.
(5) The oral portion of the funeral director's license examination shall be administered to an applicant in the presence of 2 or more members of the Board, at least 2 of whom shall be licensed funeral directors.
(6) The written portion of the examination for a funeral director's license shall be administered to applicants in the presence of 1 or more members of the Board, or an employee of the District government designated by the Mayor.
(7) The examination shall be administered to applicants for a funeral director's license in accordance with examination procedures established by the Mayor. Each applicant shall be fully advised of the examination procedures prior to the examination and a copy of the procedures shall be included in the notice of authorization to take the examination.
(8) The Mayor shall monitor the implementation of the nationally approved examination for a funeral director's license to ensure that there are no anticompetitive or discriminatory effects. If the Mayor reasonably determines by rulemaking that the examination is producing anticompetitive or discriminatory effects, the Mayor shall develop a local examination and, after proper notice and publication, shall substitute it for the nationally approved examination.
(i)(1) The Board may issue a license to practice as a funeral director in the District to an applicant who is licensed by another state by waiver of the examination and apprenticeship requirements of subsection (a) of this section.
(2) An applicant for a license to practice as a funeral director in the District shall furnish proof to the Board that he or she:
(A) Is currently licensed in good standing as a funeral director in a state or territory of the United States with requirements for licensure that are substantially similar to those in effect in the District;
(B) Has practiced continuously in the state or territory of licensure as a funeral director for at least 5 years preceding his or her application; and
(C) Meets the qualifications specified in subsection (a)(1), (2), (5), and (6) of this section.
(May 22, 1984, D.C. Law 5-84, § 6, 31 DCR 1815; Sept. 15, 1992, D.C. Law 9-150, § 2-3, 39 DCR 5019; Mar. 17, 1993, D.C. Law 9-207, § 2, 40 DCR 14; Apr. 20, 1999, D.C. Law 12-261, § 1239, 46 DCR 3142; Apr. 20, 1999, D.C. Law 12-263, § 13(a), 46 DCR 2111; Oct. 28, 2003, D.C. Law 15-38, § 3(c), 50 DCR 6913; Mar. 25, 2009, D.C. Law 17-353, § 186(a), 56 DCR 1117; Sept. 24, 2010, D.C. Law 18-223, § 2082(c), 57 DCR 6242; Sept. 26, 2012, D.C. Law 19-171, § 28, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2805.
Effect of Amendments
D.C. Law 15-38, in par. (1A) of subsec. (e), substituted "Public Health Funeral Establishment endorsement to a basic business license under the basic" for "Class A Public Health Funeral Establishment endorsed to a master business license under the master".
D.C. Law 17-353, in subsecs. (e)(3) and (g)(7), substituted "§ 3-420" for "§ 3- 403(i)"; and, in subsec. (h)(4)(B), substituted "§ 3-420" for "§ 3-403(d)".
D.C. Law 18-223 rewrote subsec. (e)(5); and added subsec. (i). Prior to amendment, subsec. (e)(5) read as follows:
"(5) The Mayor shall provide all health care facilities, as those facilities are defined in § 44-501(a), a list of all funeral services establishments authorized to receive human remains for care or preparation in accordance with this chapter. The list shall consist only of funeral services establishments licensed and operating in the District of Columbia pursuant to this subsection, shall include the funeral services establishment license number, and shall be updated annually."
D.C. Law 19-171, in subsec. (h)(4)(B), substituted "The" for "Except as provided by § 3-420, the".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see §§ 2 and 3 of Funeral Services Regulatory Temporary Amendment Act of 1992 (D.C. Law 9-150, September 15, 1992, law notification 39 DCR 7280).
Emergency Act Amendments
For temporary amendment of section, see § 2-3 of the Funeral Services Regulatory Emergency Amendment Act of 1992 (D.C. Act 9-230, June 19, 1992, 39 DCR 4919).
For temporary (90 day) amendment of section, see § 3(c) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) amendment of section, see § 2082(c) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
For legislative history of D.C. Law 5-84, see Historical and Statutory Notes following § 3-401.
Law 9-207, the "Funeral Services Regulatory Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-559, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 4, 1992, and December 1, 1992, respectively. Signed by the Mayor on December 18, 1992, it was assigned Act No. 9-336 and transmitted to both Houses of Congress for its review. D.C. Law 9-207 became effective on March 17, 1993.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 12-263, the "Residential Real Property Seller Disclosure, Funeral Services Date Change, and Public Service Commission Independent Procurement Authority Act of 1998," was introduced in Council and assigned Bill No. 12-648, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first, amended first, and second readings on October 6, 1998, November 10, 1998, and December 1, 1998, respectively. Vetoed by the Mayor on December 29, 1998, Council overrode the veto on January 5, 1999 and the Bill was assigned Act No. 12-625 and transmitted to both Houses of Congress for its review. D.C. Law 12-263 became effective on April 20, 1999.
Law 15-38, the "Streamlining Regulation Act of 2003", was introduced in Council and assigned Bill No. 15-19, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively. Signed by the Mayor on August 11, 2003, it was assigned Act No. 15-146 and transmitted to both Houses of Congress for its review. D.C. Law 15-38 became effective on October 28, 2003.
For Law 17-353, see notes following § 3-308.
For Law 18-223, see notes following § 3-402.
Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.
References in Text
Former "§ 47-2843(c)," referred to in subdivision (b)(3) of this section, was repealed by § 22 of D.C. Law 5-84.
Delegation of Authority
Delegation of authority pursuant to Law 5-84, see Mayor's Order 87-186, August 3, 1987.
