Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:7-41. Secretary's duties; compensation; bond. 10. The secretary shall keep a record of all proceedings of the board and shall exercise and perform all duties and functions incidental to his office and such other duties and functions as may be assigned by the board. He shall re…

45:7-43. Assistants and employees of board; executive secretary. 12. The board may, subject to the approval of the Attorney General, appoint, employ or remove such assistants and employees as may be necessary to carry out the provisions of P.L.1952, c.340, (C.45:7-32 et seq.). Th…

45:7-45. Compensation; expenses The members of the board shall receive twenty-five dollars per diem for time spent in discharge of their duties and in addition shall be entitled to have and receive their necessary traveling expenses. L.1952, c. 340, p. 1103, s. 14.

45:7-46. Fees, penalties and other moneys; disposition All fines, fees, penalties and other moneys derived from the operation of this act, or payable pursuant to the provisions of this act or any other law to the board shall be collected by the secretary of the board and shall be…

45:7-47. License required. 16. No person shall engage in the practice of mortuary science or mortuary and embalming science unless he shall have been duly licensed so to do, by the board, under the provisions of P.L.1952, c.340, (C.45:7-32 et seq.) or under the provisions of any …

45:7-48. Only a single license to be issued to any applicant. 17. The board shall grant a license as a practitioner of mortuary science or of mortuary and embalming science to an applicant, and a person shall hold a license as a practitioner of mortuary science or of mortuary and…

45:7-49 Examination; qualifications of applicants; training and experience. 18. a. Every person desiring to enter into the practice of mortuary science or the practice of mortuary and embalming science, before being licensed by the board: (1) (a) in the case of an applicant for l…

45:7-49.1 Issuance of license to out-of-State practitioners of mortuary science; conditions. 1. After successful completion of the law portion of the examination conducted by the board pursuant to section 18 of P.L.1952, c.340 (C.45:7-49), and upon payment to the board of a fee a…

45:7-50. Examination fees; evidence of qualifications. 19. No person shall be examined by the board except upon payment of a fee for the initial examination and another fee for each re-examination. Each applicant, before being admitted to an examination, shall first submit to the…

45:7-51. Additional examinations If an applicant fails to pass the examination, he may be reexamined at the next or any subsequent regular examination. L.1952, c. 340, p. 1106, s. 20. Amended by L.1960, c. 184, p. 768, s. 9; L.1973, c. 236, s. 1, eff. Oct. 24, 1973.

45:7-53. Licenses; signing by board members; expiration All licenses and renewals thereof issued pursuant to the provisions of this act shall be signed by the members of the board and shall have the seal of the board affixed thereto, and shall expire and terminate on the first da…

45:7-54. Prior laws, licenses issued under; renewal Any person holding a license or licenses under this act or under any prior law of this State shall have the same renewed upon making and filing with the board an application therefor upon forms provided by the board and upon pay…

45:7-55. Certificate of registration for each mortuary operated, maintained or used; fee 24. Every individual, partnership, or corporation which operates or maintains within this State a mortuary or natural organic reduction facility, or which in the usual and regular course of h…

45:7-56. Persons entitled to practice under prior laws Any person now entitled to practice embalming or funeral directing or both under the provisions of any prior law of the State of New Jersey shall continue to be entitled to practice or engage in the same notwithstanding the e…

45:7-59. Death of licensee. 28. The license of any practitioner of mortuary science or practitioner of mortuary and embalming science shall terminate upon his decease. L.1952, c. 340, p. 110, s. 28. Amended by L.1960, c. 184, p. 769, s. 11; 2025, c.52, s.12.

45:7-61. Operating and maintaining mortuary; conditions. 30. No person shall operate, maintain or use a mortuary within this State unless: (a) He, they or it shall annually register with the board in accordance with the provisions of section 24 of P.L.1952, c.340 (C.45:7-55); (b)…

45:7-61.1 Natural organic reduction facility, requirements. 4. No person shall operate, maintain, or use a natural organic reduction facility within this State unless: a. the individual, partnership, or corporation annually registered with the board in accordance with the provisi…

45:7-63. Permission to inject fluid into body required, when; arsenical or other poisonous agents No person shall inject any fluid or substance into any cavity or artery of the body of any person who has come to a sudden, violent or untimely death, or of any person found dead, th…

45:7-64. Embalming compounds The sale or use for embalming purposes within the State of New Jersey of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or any compound containing any of said substances, or any poisonous alkaloid is…

45:7-65. Contagious diseases; report to local health officer. 34. Every practitioner of mortuary science or practitioner of mortuary and embalming science shall report to the local health officer all contagious cases in which he may be called, within twelve hours after death or a…

45:7-65.1 Service of food or beverages on mortuary premises. 16. a. No mortuary within this State shall prepare on or about the mortuary premises any food in conjunction with any funeral or in conjunction with any service offered or provided for the preparation and disposal of de…

45:7-65.2. Branch mortuaries. 17. No person shall operate, maintain, or use a branch mortuary within this State unless it is under the actual personal supervision, direction, management and actual control of a person who is duly licensed as a practitioner of mortuary and embalmin…

45:7-65.3. Solicitation forbidden. 18. a. No person, firm or corporation, or solicitors, agents, canvassers, employees or other persons acting on behalf of that person, firm or corporation, for the purpose of selling or contracting to sell or provide any service or services commo…

45:7-65.4. Placement of remains in coffin, casket or other container of more than one deceased person; exception. 1. It shall be unlawful for a practitioner of mortuary and embalming science or practitioner of mortuary science to place the remains of more than one deceased person…

45:7-65.5. Violations; penalty Any person who violates this act shall be guilty of a misdemeanor and shall remain liable for any other penalties which may be imposed by the board, where applicable. L.1979, c. 201, s. 2, eff. Sept. 20, 1979.

45:7-65.6 Natural organic reduction, list of cemeteries to receive remains. 5. a. At the time arrangements for disposition are made, a funeral director shall inform a customer, in writing, that a cemetery on the list maintained by the New Jersey Cemetery Board pursuant to paragra…

45:7-72.1. Continuing education requirements. 1. The State Board of Mortuary Science of New Jersey shall require each person licensed to practice mortuary science or mortuary and embalming science, as a condition for biennial license renewal pursuant to section 23 of P.L.1952, c.…

45:7-72.2. Regulation of continuing education. 2. a. The board shall implement a program of continuing education as a condition of license renewal for licensees under its jurisdiction and may, in its discretion, waive all or part of the continuing education requirement for any bi…

45:7-73. Report of names of licensees to State Department of Health; identification cards. 42. The board shall report to the State Department of Health the name and residence of every person to whom it may issue a license. L.1952, c. 340, p. 1117, s. 42. Amended by L.1960, c. 184…

45:7-73.1. Agreements with other states for purpose of removing, transporting and burying bodies. 43. The board may, in its discretion, enter into an agreement with the corresponding licensing authority of any other State to permit a person duly registered and licensed as a pract…

45:7-74. Rules and regulations; distribution; statements on licenses The rules and regulations adopted by the board pursuant to this act shall be printed and copies thereof shall be sent by the board to any person licensed under this act or under any prior law, who makes applicat…

45:7-79. Partial invalidity In the event that any section, paragraph, clause, sentence or part of this act shall for any reason be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not impair the remainder thereof, but shall be confined strictly i…

45:7-80. Repeal All acts and parts of acts inconsistent with the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1952, c. 340, p. 1119, s. 49.

45:7-81. Effective date This act shall take effect July first, one thousand nine hundred and fifty-two. L.1952, c. 340, p. 1119, s. 50.

45:7-82. Definitions used in C.45:7-32 et seq., C.45:7-65.3 and C.45:7-82 et al. 1. As used in this act, in P.L.1952, c.340 (C.45:7-32 et seq.) and in section 18 of P.L.1960, c.184 (C.45:7-65.3): "Assigned funeral insurance policy" means any insurance policy or annuity contract t…

45:7-83. Requirements for seller of certain funeral arrangements, agreements 2. a. No person, firm or corporation shall sell, or offer to sell, or make or offer to make at need funeral arrangements, preneed funeral arrangements or prepaid funeral agreements, unless that person, f…

45:7-84. Requirements for provider of certain funeral arrangements, agreements 3. No provider shall enter into, or offer to enter into, a prepaid funeral agreement, or provide or offer to provide a funeral trust or funeral insurance policy in connection therewith, unless: a. At t…

45:7-85 Requirements for prepaid funeral agreements. 4. Every prepaid funeral agreement executed in this State shall: a. Be signed by the provider, and the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent or next of kin. b. Include a…

45:7-86. Additional provisions 5. In addition to those provisions required in section 4 of this act, agreements connecting a funeral insurance policy to a prepaid funeral agreement shall provide that: a. Cancellation of the funeral arrangements will not cancel or otherwise invali…

45:7-87. Additional requirements 6. In addition to the other requirements of this act, with respect to prepaid funeral agreements and the preneed funeral arrangements made in connection therewith: a. If the provider is unable to provide the prepaid goods and services requested du…

45:7-88. Naming of provider as beneficiary prohibited 7. No provider shall knowingly permit, in conjunction with a prepaid funeral agreement, the naming of himself or itself as beneficiary of a policy, except that nothing in this section shall be construed to prohibit the assignm…

45:7-89. Written statement to purchaser of new arrangements 8. Where a provider, with the written consent of the purchaser, replaces a funeral trust used to fund a prepaid funeral agreement with a funeral insurance policy or converts an agreement funded by a funeral trust to one …

45:7-90 Prohibitions for providers. 9. No person shall: a. Advertise "discounts," "rebates" or other price reduction incentives: (1) which are not actual reductions of the retail prices of a provider's current general price list; or (2) which are based solely on a funeral insuran…

45:7-91. Certain acts, fourth degree crimes 10. A person is guilty of a crime of the fourth degree if he knowingly or purposefully solicits or induces any person to make a prepaid funeral agreement, whether funded with a funeral insurance policy or a funeral trust, with the inten…

45:7-92. Laws governing prepaid funeral agreements 11. All prepaid funeral agreements executed on or after the effective date of this 1993 amendatory and supplementary act shall be governed pursuant to the applicable provisions of P.L.1957, c.182 (C.2A:102-13 et seq.), P.L.1985, …

45:7-93. Applicability of act 12. a. This act applies to the sale of prepaid funeral goods or services and the offering of those goods or services for sale by providers. b. This act shall not apply to the sale of interment spaces or related personal property or personal services …