New Jersey Administrative Code

(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…

No intern shall be permitted to continue his or her period of practical training as an intern for more than three years without prior Board approval, which shall only be granted for reasons of hardship, such as illness, disability, active service in the military or other good cau…

(a) In accordance with N.J.S.A. 45:7-47, an intern registered with the Board acting under the direct supervision of a preceptor may: 1. Participate in any capacity in the actual funeral arrangements, preservation, or disposal of dead human bodies; 2. Participate in any capacity i…

(a) The preceptor shall ensure that interns are thoroughly trained in the theory and practice of mortuary science, and the laws, rules and regulations pertaining thereto, and are proficient in the following areas: 1. Removal of remains, embalming, restorative art, dressing and ca…

Failure on the part of a preceptor to file any reports required by this subchapter shall be deemed professional misconduct and shall subject the licensee to the penalties set forth at N.J.S.A. 45:1-25. Notes N.J. Admin. Code § 13:36-2.15 New Rule, R.2005 d.100, effective 4/4/2005…

Applications for intern registration may be obtained from the State Board of Mortuary Science, PO Box 45009, 124 Halsey Street, Newark, New Jersey 07101 and on the Board's website at http://www.njconsumeraffairs.gov/mor/Pages/applications.aspx The application shall be executed by…

Interns shall be available for funerals, embalmings, removals and other training instruction in accordance with N.J.A.C. 13:36-2.14 and shall assist in the embalmings of at least 75 bodies, the conduct of at least 75 funerals and the arranging of at least 25 funerals (whether pre…

During the course of his or her training, every intern shall at all times carry on his or her person the intern identification card issued by the Board. Notes N.J. Admin. Code § 13:36-2.4 Amended by R.1984 d.341, effective 8/6/1984. See: 16 New Jersey Register 505(a), 16 New Jers…

(a) The Board shall furnish monthly report forms to the intern for reporting embalmings, funerals attended and funerals arranged, which shall be signed by the intern and preceptor and dated and filed with the Board no later than the 15th day of each month of the training period. …

No more than one intern shall receive credit for the embalming of any one body. Notes N.J. Admin. Code § 13:36-2.6 Amended by R.1984 d.341, effective 8/6/1984. See: 16 New Jersey Register 505(a), 16 New Jersey Register 2143(b). Substituted "intern" for "trainee". Amended by R.199…

(a) No practitioner of mortuary science shall engage an intern unless the practitioner: 1. Prior to such engagement, holds an active New Jersey license for at least two years; 2. Has a case volume during the previous calendar year of a minimum of 25 cases, which shall not include…

If for any reason it becomes necessary for an intern to absent himself or herself during his or her internship for a period longer than 30 days, the intern shall submit to the Board in letter form the reason for his or her absence and the length of time he or she intends to be aw…

Upon termination or completion of any internship, the preceptor shall immediately request of the Board a notice of termination form which shall be completed by the preceptor and the intern and filed with the Board within five days of its receipt. Notes N.J. Admin. Code § 13:36-2.…

(a) In order to be eligible for licensure, a candidate first shall submit to the Board the following: 1. A completed application form which shall contain the name and address of the candidate and the name and address of the candidate's employer; 2. An official transcript or diplo…

(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:36-3.1 may apply to the Board for recognition of the applicant's training, edu…

(a) Upon request, an application for the Mortuary Jurisprudence examination shall be forwarded to a candidate who has completed a minimum of two years of academic instruction in a college or university approved by the Commission on Higher Education and one year of academic instru…

Notes N.J. Admin. Code § 13:36-3.3 Amended by R.1994 d.523, effective 10/17/1994. See: 26 New Jersey Register 2536(a), 26 New Jersey Register 4201(a). Repealed by R.1999 d.355, effective 10/18/1999. See: 31 New Jersey Register 2133(a), 31 New Jersey Register 3126(a). Section was …

Notes N.J. Admin. Code § 13:36-3.4 Amended by R.1982 d.409, effective 11/15/1982. See: 14 New Jersey Register 897(a), 14 New Jersey Register 1309(c). Added 17 through 20 to (a). Amended by R.1994 d.523, effective 10/17/1994. See: 26 New Jersey Register 2536(a), 26 New Jersey Regi…

To successfully fulfill the examination requirement of N.J.S.A. 45:7-49, a candidate shall achieve a scaled score of not less than 75 on each of the two parts of the National Board Examination and achieve a scaled score of not less than 70 on the Board's Mortuary Jurisprudence ex…

(a) An unsuccessful candidate may apply to the Board for a review of his or her Mortuary Jurisprudence examination papers. Such application shall be submitted to the Executive Director in writing within 10 calendar days following notification of Mortuary Jurisprudence examination…

(a) No candidate shall be given the practical examination until after he or she has successfully completed the written examinations prescribed under N.J.S.A. 45:7-49. The practical examination shall be taken no sooner than 90 days before, or no later than 90 days after, completio…

Results from the Mortuary Jurisprudence examination, required pursuant to N.J.A.C. 13:36-3.1(a)6, and the practical examination, required pursuant to N.J.A.C. 13:36-3.1(a)7, shall be valid for three years from the date of successful completion of the respective examinations. A ca…

If a candidate for licensure fails to complete the application process within 18 months of the date of initial application, the Board shall administratively close the application. Following such action, an applicant making reapplication to the Board shall resubmit all required do…

(a) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prio…

Notes N.J. Admin. Code § 13:36-4.10 Amended by R.1999 d.355, effective 10/18/1999. See: 31 New Jersey Register 2133(a), 31 New Jersey Register 3126(a). In (a), added a reference to fees provided in N.J.A.C. 13:36-1.6 at the end. Repealed by R.2005 d.100, effective 4/4/2005. See: …

(a) An application for registration of a funeral establishment operated under a trade name or other assumed name must be accompanied by a certified copy of the trade name certificate as filed in the county clerk's office. (b) Application for registration of a funeral establishmen…

(a) The practice of a mortuary establishment shall cease and the certificate of registration shall become void upon the death of a sole proprietor and shall not be renewed unless the executor or administrator of the estate or the deceased owner's heir or heirs informs the Board w…

(a) A person who owns a New Jersey registered mortuary may use another New Jersey registered mortuary without obtaining a certificate of registration or complying with new funeral home installation requirements up to three times per calendar year. The owner of a New Jersey regist…

Notes N.J. Admin. Code § 13:36-4.14 Repealed by 51 N.J.R. 880(b), effective 6/3/2019

(a) The Board shall issue a license to engage in the practice of mortuary science to any person who holds a valid license or certification to practice mortuary science issued by another state or possession of the United States, or the District of Columbia, provided that the appli…

(a) All licensees and owners shall be responsible for compliance with all laws and regulations governing the practice of mortuary science in the State. (b) Violations of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq. or the rules of this chapter by a licensee or owner may sub…

(a) Any liceHnsee of the State Board of Mortuary Science, upon conviction of any crime, shall notify the Board of such conviction in writing within 30 days. (b) Any licensee of the State Board of Mortuary Science shall notify the Board within 30 days of any arrest, summons, indic…

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:36-4.1(c) may apply to the Board for reactivation of an inactive license. A licensee seeking reactivation of an inactive license shall submit: 1. A renewal application; 2. A certification of employment listing e…

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:36-4.1(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit: 1. A reinstatement application; 2. A certification of employment listing each job held during th…

(a) Every licensee shall give notice in writing to the Board of any change of his or her address of record within 10 days after such change of address. For purposes of this section, "address of record" means an address designated by a licensee which is part of the public record a…

(a) If a licensee changes his or her name, the change shall only be recorded by the Board upon receipt of legal documentation to substantiate the name change. (b) If it is necessary to issue a duplicate license certificate, the original certificate shall be returned for cancellat…

(a) Except as provided in N.J.A.C. 13:36-4.13, any person, corporation, partnership, limited liability partnership, limited liability company or other business entity desiring to operate, maintain, or use a mortuary shall first apply to the Board and remit payment of the fee prov…

(a) Whenever there are any changes whatsoever in ownership, including a change of stockholders in an existing and continuing corporation, it shall be necessary for the new ownership to notify the Board within five working days after the ownership changes or stock transfer. (b) Up…

(a) Applications for registration of a funeral establishment to be operated by a corporation, a partnership, a limited liability partnership, a limited liability company or other business entity shall be accompanied by the fee provided in N.J.A.C. 13:36-1.6 and by: 1. A copy of t…

(a) An owner shall renew his or her certificate of registration for a period of two years from the last expiration date. The owner shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:36-1.6, prior to the date of expiration. An owner…

(a) All corporate charters, partnership agreements or operating agreements submitted to the Board shall contain a provision stating that the practice of mortuary science, funeral directing and embalming shall be performed only by persons duly licensed by the State Board of Mortua…

(a) Every establishment authorized to carry on the practice of mortuary science shall be under the direct supervision of a full-time licensed manager. (b) The manager shall be responsible for the direction, management and control of all work emanating from the establishment. (c) …