New Jersey Administrative Code

No embalming or other preparation for burial or disposition of a dead human body shall be performed in any funeral establishment except in a room set aside exclusively and approved by the Board for such purpose. Notes N.J. Admin. Code § 13:36-5.11

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise: "Advertisement" means any attempt, direct or indirect, by publication, dissemination, circulation, or broadcast through the public media…

Notes N.J. Admin. Code § 13:36-5.13 Administrative Correction. See: 21 New Jersey Register 1830(a). Repealed by R.2005 d.100, effective 4/4/2005. See: 36 New Jersey Register 4651(a), 37 New Jersey Register 1036(b). Section was "Transfer of funeral establishment to new location".…

(a) When a mortuary is permanently closed for business, the manager or owner shall immediately: 1. Surrender the mortuary's Certificate of Registration to the Board; 2. Remove all signs from the exterior of the closed mortuary; 3. Discontinue all advertising and notify the Board …

A licensed practitioner of mortuary science shall not permit any unlicensed person to engage in or take charge of the activities for which a license to engage in the practice of mortuary science is required by the provisions of the Mortuary Science Act, set forth at N.J.S.A. 45:7…

(a) When the manager of an establishment is absent from practice for a period in excess of 30 days, the manager and the owner of the registered mortuary shall separately notify the Board in writing within five days of such absence. The written notice shall also include the name o…

(a) No person shall remove human remains from any residence or institution without first securing authorization consenting to the removal from the legal next of kin, consistent with N.J.S.A. 45:27-22, or a person legally entitled to grant said authorization. (b) All removals of h…

(a) Whenever human remains are entrusted to the care of a registered mortuary for disposition, the registered mortuary shall retain professional responsibility for the remains from the point of removal to the final place of disposition or upon transfer to another registered mortu…

(a) A registered mortuary shall not be used as a site for recovering organs and/or tissues from a decedent. (b) A licensed funeral director who permits a registered mortuary to be used as a site for recovering organs and/or tissues from a decedent shall be deemed to have engaged …

(a) An application for registration of a funeral establishment shall be approved for a specified address and location only. (b) In the event that the applicant maintains a chapel, preparation room or other funeral service facility in a building or portion thereof physically separ…

Notes N.J. Admin. Code § 13:36-5.20 New Rule, R.1993 d.76, effective 2/16/1993. See: 24 New Jersey Register 3016(a), 25 New Jersey Register 709(b). Repealed by R.2002 d.76, effective 3/18/2002. See: 33 New Jersey Register 2597(a), 34 New Jersey Register 1267(a). Section was "Refe…

(a) The registered mortuary shall disclose on all general price lists, required pursuant to N.J.A.C. 13:36-9.5, whether any owner of the registered mortuary also owns 50 percent or greater interest in any other registered mortuary within the State. For purposes of this section, "…

(a) A certificate of registration is not transferable. When a registered mortuary is discontinued at the registered address, the certificate shall be immediately returned to the Board office for cancellation. (b) Whenever a registered mortuary is to be moved to a new location, th…

(a) All registered mortuaries shall have at least one viewing room, equipment, facilities and private lavatories suitable to serve the general public. (b) All registered mortuaries shall be maintained on floor levels which are separate and distinct from living quarters, kitchens …

(a) Every registered mortuary shall contain a preparation room on the premises which is suitably located and private and shall comply with the following requirements: 1. The walls shall extend from floor to ceiling. The ceiling and walls shall be covered with tile, finished plast…

(a) Every funeral establishment in the State shall have in its preparation or embalming room and shall be equipped with, at a minimum, the following: 1. Leakproof trash can; 2. Instrument cabinet; 3. Disinfecting agents; 4. Drainage or viscera bucket; 5. Embalming table, porcelai…

(a) All owners and managers shall ensure that the potable water supply is not open to the danger of contamination from any source. (b) The requirement in (a) above may be satisfied by the installation of any approved hydro-aspirator and such other devices as may be necessary to a…

Notes N.J. Admin. Code § 13:36-5.8 Repealed by R.1994 d.523, effective 10/17/1994. See: 26 New Jersey Register 2536(a), 26 New Jersey Register 4201(a). Section was "Employment of licensed embalmer".

(a) Any individual, partnership, limited liability partnership, corporation, limited liability company or other business entity that applies to register any additional funeral establishment(s) in a location already registered as a funeral establishment by the State of New Jersey …

(a) The preparation for burial or other disposition of all dead human bodies shall be performed in privacy. No one shall be permitted to be present in the embalming, operating or preparation room while a dead human body is being embalmed, washed, or otherwise prepared for burial …

(a) Every person, while engaged in the actual embalming of a dead human body, shall be attired in a clean and sanitary smock or gown, which does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, und…

The use of any fluid or compound which contains arsenic, lead, mercury, zinc, silver, antimony or chloral or any poisonous alkaloid in the embalming of a dead human body is prohibited. Notes N.J. Admin. Code § 13:36-6.3

All blood and excretions of a dead human body shall be disposed of in a sanitary manner. Licensees shall comply with OSHA regulations set forth at 29 CFR 1910.1030 in the operation of a licensed funeral establishment and shall use universal precautions according to the Centers fo…

(a) All receptacles containing embalming fluid, formaldehyde or any poisonous or dangerous substances shall be plainly marked to indicate the contents thereof in compliance with 29 CFR 1910.1048. (b) Receptacles containing blood or other potentially infectious materials shall be …

No licensed practitioner of mortuary science shall permit the embalming of a dead human body where he or she has information reasonably indicating that death occurred as a result of accidental, homicidal or suicidal means or under suspicious or unnatural circumstances, until the …

An intern may not embalm or perform any part of an embalming procedure on a dead body unless such activity is performed under the immediate and direct supervision and control of a practitioner of mortuary science holding an active New Jersey license. Notes N.J. Admin. Code § 13:3…

Notes N.J. Admin. Code § 13:36-6.8 Repealed by R.1985 d.293, effective 6/17/1985. See: 17 New Jersey Register 797(a), 17 New Jersey Register 1580(a). Section was "Sterilizing instruments."

(a) Except as otherwise provided by law, no person in the conduct of the practice of mortuary science shall: 1. Deny funeral services for any deceased person based upon the cause of death; 2. Place any condition upon the provision of funeral services for any deceased person based…

Every licensed practitioner of mortuary science shall in the conduct of business carry on his or her person the current license identification card issued by the Board. Notes N.J. Admin. Code § 13:36-8.1 Amended by R.1994 d.523, effective 10/17/1994. See: 26 New Jersey Register 2…

Except for the transfer of remains from a place of temporary storage to a place of final entombment or interment within a single cemetery as provided in N.J.A.C. 13:44J-8.4, no interment, cremation or other disposition of a dead human body, or any disinterment thereof, shall be m…

(a) No licensed practitioner of mortuary science shall place the remains, or any part of the remains, of more than one deceased person, stillborn infant, or fetus in a coffin, casket, or other container for the purpose of interment or cremation, or cause the remains, or any part …

All funeral establishments shall be considered places of public accommodation and shall be subject to public accommodation laws including the Law Against Discrimination, N.J.S.A. 10:5-1 et seq. Notes N.J. Admin. Code § 13:36-8.12 New Rule, R.2002 d.76, effective 3/18/2002. See: 3…

(a) It shall be professional misconduct for a licensee to pay, offer to pay, or to receive from any person any fee or other form of compensation for the referral of a purchaser of goods and services. (b) The prohibition of referral fees shall not prohibit the division of fees amo…

(a) A licensed practitioner of mortuary science shall not divulge or permit his or her agents or employees to divulge any privacies, confidences or secrets that may come to his or her attention through the practice of mortuary science. (b) This section shall not be invoked to cir…

Every licensed practitioner of mortuary science shall adopt all proper means and methods to safeguard the public health and the dignity of the decedent. Notes N.J. Admin. Code § 13:36-8.3 Amended by R.1994 d.523, effective 10/17/1994. See: 26 New Jersey Register 2536(a), 26 New J…

A licensed practitioner of mortuary science shall not employ or engage the services of any person other than his or her intern or interns or another licensed practitioner of mortuary science in the embalming of human remains or in the practice of mortuary science or funeral direc…

No licensed practitioner of mortuary science shall lend his or her license to any other person, or employ it in such a way as to defeat the purposes of the law; provided, however, this rule shall not prevent a licensee from embalming human remains or supervising funerals and buri…

(a) Business cards may be used by licensed practitioners of mortuary science, registered interns, and unlicensed persons associated with a registered mortuary, for identification purposes only, as set forth in (b), (c), and (d) below. Business cards that are used as copy for an a…

A licensed practitioner of mortuary science shall promptly surrender human remains upon proper direction and authorization of the person who, in accordance with N.J.S.A. 45:27-22, is lawfully entitled to its custody. Notes N.J. Admin. Code § 13:36-8.7 Amended by 51 N.J.R. 880(b),…

No licensed practitioner of mortuary science shall take possession of or embalm human remains without first being directed and fully authorized to do by those whom, in accordance with N.J.S.A. 45:27-22, are charged with the duties of interment. Notes N.J. Admin. Code § 13:36-8.8 …

(a) No unlicensed person shall be permitted to make funeral arrangements on behalf of any licensed practitioner of mortuary science, except that interns may make such arrangements pursuant to N.J.S.A. 45:7-47. (b) Only a duly licensed practitioner of mortuary science or an intern…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Accounting year" refers to the particular calendar year or other one year period used by a funeral provider in keeping financial records…

(a) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to: 1. Represent that State or local law requires a casket for direct cremations; and 2. Represent that a casket (other than an unfinished …

(a) In selling or offering to sell funeral goods and funeral services to the public, it is a deceptive act or practice for a funeral provider to: 1. Represent that State or local laws or regulations, or particular cemeteries, require outer burial containers when such is not the c…

(a) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for funeral providers to represent that Federal, State or local laws, or particular cemeteries or crematories, require the purchase of any funeral goods or funera…

In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to represent that funeral goods have protective features or will protect the body from gravesite substances when such is not the case. Notes N.…

In selling or offering to sell funeral goods and funeral services to the public any cash advance items shall reflect the actual cost to the funeral provider. Notes N.J. Admin. Code § 13:36-9.14