New Jersey Administrative Code

(a) At the time of application, an applicant shall submit to the Board: 1. A completed application form; 2. Legal proof of having attained the age of 21, evidenced by a document issued by a governmental agency; 3. Proof that the person has passed the English version of each of th…

(a) In order to qualify for licensure, an applicant shall meet one of the following education requirements: 1. Obtain a baccalaureate degree from a school within the United States and graduate from an acupuncture program, which meets the requirements of (e) below; or 2. Obtain th…

(a) An applicant shall pass the acupuncture safety and jurisprudence examination in English administered by the Board. (b) An applicant shall complete all of the requirements set forth in N.J.A.C. 13:35-9.3 before he or she may take the Board administered acupuncture safety and j…

Notes N.J. Admin. Code § 13:35-9.6 New Rule, R.2010 d.101, effective 6/21/2010. See: 41 N.J.R. 2617(a), 42 N.J.R. 1216(a). Former N.J.A.C. 13:35-9.6, Fee schedule; refunds, recodified to N.J.A.C. 13:35-9.8. Repealed by R.2014 d.066, effective 4/21/2014. See: 45 N.J.R. 729(a), 45 …

(a) An acupuncturist shall not represent that he or she has a doctoral degree in the field of acupuncture and/or oriental medicine, or use the title "doctor" of "Dr.," unless the educational program that awarded his or her degree is: 1. Approved by the Accreditation Commission of…

(a) The Board shall charge the following fees: Data in image (b) The application fee is non-refundable. Notes N.J. Admin. Code § 13:35-9.8 Amended by R.1995 d.330, effective 6/19/1995. See: 27 N.J.R. 640(a) (see also 27 N.J.R. 1746(a)), 27 N.J.R. 2410(a). Increased some of the fe…

(a) All licenses to practice acupuncture issued by the Board shall be issued for a two-year biennial licensure period. A licensee who seeks renewal of the license shall submit a renewal application and the renewal fee set forth in N.J.A.C. 13:35-9.8 prior to the expiration date o…

The Seal of the Board shall be the Seal of New Jersey encircled with the words "State Board of Mortuary Science of New Jersey." Notes N.J. Admin. Code § 13:36-1.1

(a) The provisions of this section shall apply to the operation, maintenance and use of mortuaries by licensed practitioners of mortuary science for the benefit of anatomical associations of medical schools established and operated by the State of New Jersey, which association is…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Board" means the State Board of Mortuary Science of New Jersey. "Licensee" means a person licensed to engage in the practice of mortuary sci…

(a) The Board shall hold an annual meeting in May each year, or at such other time as the President may direct, at which time the President and Secretary of the Board shall be elected for the ensuing year. (b) Regular monthly meetings shall be held in accordance with a published …

(a) The Executive Director shall be in full charge of office administration. It shall be his or her duty to: 1. Receive complaints and answers; 2. Set and calendar cases for hearings; 3. Issue notices of hearing and statements to respondents; 4. Perform any and all duties which t…

(a) The inspector shall: 1. Inspect mortuaries to ensure compliance with the provisions of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq., and the rules governing the practice of mortuary science in the State set forth in this chapter; 2. Where necessary, view dead human bodi…

(a) The Board shall charge the following fees: 1. Application fee ................................................................... $ 50.00 2. Initial license fee: i. During the first year of a biennial renewal period ........................................ $ 350.00 ii. During…

Notes N.J. Admin. Code § 13:36-1.7 Repealed by R.1984 d.341, effective 8/6/1984. See: 16 New Jersey Register 505(a), 16 New Jersey Register 2143(b). Section was "Amendments."

(a) The registered mortuary shall maintain full, accurate records of all funerals which it conducts or in which it participates in any manner, except as provided in N.J.A.C. 13:36-4.13. (b) Funeral records shall be kept, electronically or otherwise, on an annualized basis for sev…

(a) When making preneed and/or at need funeral arrangements, as defined in N.J.A.C. 13:36-11.1, the practitioner shall compile a Statement of Funeral Goods and Services Selected. The statement shall be on a preprinted, single-sided sheet of paper that is at least 81/2 inches by 1…

(a) The rules established by this subchapter are designed to ensure that the practitioners of mortuary science maintain the highest degree of quality in their profession. (b) The requirements set forth under this subchapter apply to all Board licensees practicing mortuary science…

(a) At the time of application for biennial license renewal, a licensee shall provide, on a form approved by the Board, a signed statement certifying that the licensee has completed the required number of continuing education credits. (b) Each licensee shall maintain all evidence…

Notes N.J. Admin. Code § 13:36-10.11 Repealed by 51 N.J.R. 880(b), effective 6/3/2019

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Committee" means the Credentials Committee established by the Board pursuant to N.J.A.C. 13:36-10.6. "Person" means any person as defined…

(a) Each applicant for biennial license renewal shall complete a minimum of 10 credit hours of continuing education during every biennial licensing period, consistent with the requirements of (b) and (c) below. (b) A licensee shall obtain 10 credit hours of continuing education i…

(a) A person employed on a full-time basis by the Federal, State, county or municipal government who is not permitted by law or rule to actively engage in the practice of mortuary science shall be exempt from complying with the continuing education requirements of N.J.A.C. 13:36-…

(a) The Board may, in its discretion, waive continuing education requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause shown. (b) Any licensee seeking a waiver of the continuing education requirement must apply to the Boar…

(a) The Board shall appoint a Credentials Committee to assist it in establishing guidelines and criteria for the approval of continuing education courses and seminars. (b) The Credentials Committee's responsibilities shall include:1. Making recommendations to the Board regarding …

(a) A course of acceptable subject matter shall directly and materially relate to the practice of mortuary science and shall be: 1. A formal course of learning which contributes directly to the maintenance of professional competence of a licensee; 2. At least one instructional ho…

(a) The Board shall grant credit for successful completion of the following, provided that the course or program meets the criteria of N.J.A.C. 13:36-10.7 and that any other source of credit directly and materially relates to the practice of mortuary science: 1. College courses; …

(a) A continuing education provider may receive approval for a continuing education course or program pursuant to the provisions of N.J.A.C. 13:36-10.7. For purposes of this section, the "continuing education provider" means the person or entity that determines the time, date, lo…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Assigned funeral insurance policy" means any insurance policy or annuity contract that is not a newly issued funeral insurance policy, b…

(a) A provider shall immediately furnish to a purchaser any periodic statements received from the trustee of a funeral trust which reflect the amount of principal and accrued interest, if any, in the trust. (b) For purposes of this section, with respect to the Preneed Ledger requ…

All documentation which is required to be signed by a purchaser of a prepaid funeral agreement shall be completed and signed by the provider prior to the purchaser signing such documentation. In no event shall such documentation be signed in blank by the purchaser. Notes N.J. Adm…

(a) Providers shall deposit all moneys received in connection with the establishment of a prepaid funeral agreement in a funeral trust or with the appropriate insurance company within 30 days of the receipt of such moneys by the provider. (b) A provider may temporarily deposit al…

(a) Any request by a purchaser or other authorized person for revocation or for a refund of a funeral trust fund shall be fully complied with by the provider within 14 days from receipt of the request. (b) Any request by a purchaser or other authorized person for severing or canc…

(a) No provider or person, firm, or corporation acting on behalf of a provider, including solicitors, agents, canvassers, employees or other persons acting on behalf of such person, firm or corporation, for the purpose of selling, contracting or offering to sell prepaid funeral a…

(a) Any provider shall be conclusively presumed to know his, her or its obligations relevant to the deposit, maintenance, application and refund of funeral trust funds and funeral insurance policies. (b) Any provider or any person who knowingly aids, abets or otherwise assists an…

(a) Every provider shall maintain in his, her or its registered mortuary, in a single identifiable and accessible location, a ledger of all active prepaid funeral arrangements (the "Preneed Ledger"), provided, however, that any provider who operates more than one registered mortu…

(a) A copy of the Preneed Ledger required to be maintained by N.J.A.C. 13:36-11.16(a) shall be provided to the Executive Director of the Board by the manager or owner of the registered mortuary immediately upon: 1. The discontinuation of business in accordance with N.J.A.C. 13:36…

(a) Whenever a provider or owner of the registered mortuary is required to obtain a new certificate of registration pursuant to N.J.A.C. 13:36-4.5, the new manager or owner of the registered mortuary shall notify in writing the owners of all prepaid funeral agreements then in eff…

(a) Whenever a provider or owner of a registered mortuary discontinues business or files for bankruptcy, the manager or owner shall provide written notice of said discontinuation or bankruptcy to all purchasers of active prepaid funeral agreements. (b) The notice required by (a) …

(a) No person, firm or corporation shall sell, offer to sell, or make, or offer to make preneed funeral arrangements or prepaid funeral agreements unless that person, firm or corporation is licensed and registered pursuant to the Mortuary Science Act, N.J.S.A. 45:7-32, to engage …

(a) Every prepaid funeral agreement shall be signed by the provider, the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent, or next of kin, shall be in writing and, together with the requisite separate Statement of Funeral Goods and S…

(a) A provider who funds a prepaid funeral agreement by selling a newly issued funeral insurance policy shall conspicuously and in plain language disclose to the purchaser: 1. In boldface, that the provider will receive a commission or other remuneration based on the transaction;…

(a) A provider shall not replace a funeral trust with a newly issued funeral insurance policy unless and until the provider obtains the written consent of the purchaser. The written consent shall be signed by the purchaser and shall thoroughly advise the purchaser in plain langua…

(a) Notwithstanding the provisions of N.J.A.C. 13:36-11.3(a)8, and in accordance with N.J.S.A. 2A:102-16.1, a prepaid funeral agreement may [page=892] provide that its funding, whether in the form of a funeral trust or a funeral insurance policy, is irrevocable during the lifetim…

(a) Moneys used to fund prepaid funeral agreements may be deposited into a pooled trust account in a Federally insured State or Federally chartered bank, savings bank, or savings and loan association pursuant to a written trust agreement, the beneficiaries of which shall be the p…

The trustees of a pooled trust fund for the benefit of at least 200 purchasers or intended funeral recipients shall be entitled to a commission not to exceed one percent per annum of the corpus of the trust fund, which shall be paid out of any income, and in no event shall the tr…

(a) If a prepaid funeral agreement is a guaranteed price agreement and the provider accepts funds for any cash disbursements at the time that the prepaid funeral agreement is made, then at the time of need, the provider shall first apply the interest earned by the prepaid cash di…

(a) The following words and terms, when used in this section, have the following meaning, unless the context clearly indicates otherwise: 1. "Preceptor" means a practitioner of mortuary science who satisfies the requirements of N.J.A.C. 13:36-2.7 and who is responsible for the su…

Upon completion or termination of an internship for any reason, the intern shall return his or her intern identification card immediately to the Board. Notes N.J. Admin. Code § 13:36-2.10 Amended by R.1984 d.341, effective 8/6/1984. See: 16 New Jersey Register 505(a), 16 New Jers…

(a) Upon termination or completion of an internship, or change in registered mortuaries by an intern, an affidavit recommendation form shall be filed with the Board within five days of such action. Any preceptor who refuses to certify any intern for the internship served under hi…