Washington Administrative Code

No licensee will divulge any information as to illness, cause of death, financial affairs or transactions, and any other information customarily considered confidential, obtained while serving in such licensed capacity.[Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-…

(1) No licensee will remove, embalm, or perform other preparation of a human remains when they have information indicating crime or violence in connection with the cause of death, until permission is obtained from a coroner, medical examiner or other qualified official.(2) Any li…

(1) A licensee must display a license in each location where they are employed.(2) If licensed work is provided by an agent at the funeral establishment or branch, a copy of the license will be displayed in each location where the licensed work occurs.[Statutory Authority: RCW 68…

No licensee shall lend, place, permit or authorize the placement of their license in any establishment or place of business unless the licensee is an owner, part owner or bona fide employee of such place of business, nor shall a funeral establishment or place of business to prete…

(1) Funeral establishments and branch establishments licensed under the provisions of chapter 18.39 RCW will be inspected at least once each year by the duly appointed department inspector.(2) Inspections shall cover compliance with applicable statutes and rules. Funeral establis…

An applicant for a license as a funeral director shall meet the following requirements:(1) Be at least eighteen years of age;(2) Complete the following education requirements at an accredited institution approved by the board:(a) Obtain an associate of arts degree in mortuary sci…

An applicant for a license as an embalmer must meet the following requirements:(1) Be at least eighteen years of age.(2)(a) Obtain an associate of arts degree in mortuary science; or(b) Complete a course of instruction in an accredited mortuary science college program and other c…

(1) Applicants for initial licensing as a funeral director or embalmer must submit:(a) An application on a form prescribed by the board.(b) Official sealed college transcripts.(c) Official national board or other state board examination scores.(d) A nonrefundable application fee …

(1) The board adopts the national examination and grading procedure of the International Conference of Funeral Service Examining Boards (ICFSEB).(2) All applicants must pass a state law examination. In addition, applicants for funeral director licensing are required to pass an ex…

(1) The board adopts the standards of the American Board of Funeral Service Education, Inc., in approving courses of instruction in embalming schools, pursuant to RCW 18.39.035(2). The board approves all schools accredited by, and in good standing with, the American Board of Fune…

(1) For the purposes of RCW 18.39.035, the term "one year course of training" shall include assisting a licensed funeral director in coordinating all aspects of at least twenty-five arrangements for funeral, memorial and/or final disposition services for human remains.(2) The ter…

(1) For the purposes of RCW 18.39.035, the term "two year course of training" shall include the embalming of at least twenty-five human remains under the supervision of a licensed embalmer.(2) The term "two year" shall consist of at least thirty-six hundred hours of employment an…

(1) The annual license renewal date for embalmers and funeral directors is the 31st day of January of each year. The annual renewal license date for embalmer interns and funeral director interns is the licensee's birth date. Interns making application and fulfilling requirements …

(1) The responsibility for notifying the director, department of licensing of internship registration and termination rests with the licensee sponsor. In order to protect the status of the intern in cases where the employing licensee fails to initiate the required report of regis…

If a licensing applicant fails to complete the licensing process and their records show no activity for six consecutive years, the board will consider the application abandoned. No activity includes, but is not limited to:(1) Failure to submit the required documents within six co…

(1) Any provider of any aspect of the care, shelter, transportation, embalming, other preparation and arrangements for the disposition of human remains must be licensed as a funeral establishment. Establishments must obtain a funeral establishment or branch license for each locat…

(1) For the purposes of RCW 18.39.145 each funeral establishment and branch establishment must employ a designated funeral director. The designated funeral director must:(a) Have a minimum of one year of practical experience as a licensed funeral director in the state of Washingt…

To meet the statutory continuing education requirement for renewing licenses for funeral directors, embalmers, funeral director interns and embalmer interns, the board requires the following:(1) To maintain active practice, licensees must accumulate five hours of continuing educa…

Any person seeking to reinstate a license which has lapsed for less than one year must comply with the continuing education requirements for regular renewal of the license. Any person seeking to reinstate a license which has lapsed for one year or longer must present satisfactory…

In emergency situations, such as personal or family sickness, the funeral and cemetery board may waive, for good cause shown, all or part of the continuing education requirement for a renewal period for an individual licensee. The board will require such verification of the emerg…

A new license must be obtained following the sale or transfer of ownership or a controlling interest in a cemetery authority, reduction facility, funeral establishment, or branch establishment. All licenses are nontransferable.[Statutory Authority: RCW 68.05.105 and 18.39.175. WS…

(1) Funeral fees.Title of FeeFeeEmbalmer: State examination application$135.00 Renewal203.00 Late renewal fee47.00 License print fee5.00Embalmer intern: Intern application182.00 Application for examination100.00 Intern renewal135.00 Late renewal fee47.00 License print fee5.00Fune…

(1) A license as a funeral director intern or embalmer intern shall not exceed a time period of five years cumulative. Following completion of the internship program:(a) The license for internship will not be renewed.(b) The intern must qualify for licensure as a funeral director…

Licensees who supervise interns:(1) Must be working and located in the same licensed establishment as the intern, provided: Sponsors may permit interns to perform work at branch establishment locations if required by their job duties.(2) Each sponsor can supervise a maximum of th…

A leave of absence from internship requirements may be granted by the board with the following provisions:(1) The intern submits an appeal to the board for a leave of absence.(2) The intern is enlisted in military service of the United States or called to active duty in the Unite…

(1) Transportation of human remains may be performed by unlicensed persons who are employed by licensed funeral establishments in accordance with WAC 246-500-040.(2) A business established for the sole purpose of removals and/or transportation of human remains is required to obta…

The purpose of this chapter is to implement the provisions of RCW 18.39.240 through 18.39.345 and to establish rules for the registration of funeral establishments which enter into prearrangement funeral service contracts and to establish uniform minimum requirements for such con…

(1) "Board" means the funeral and cemetery board created pursuant to RCW 18.39.173.(2) "Director" means the director of licensing.(3) "Embalmer" means a person engaged in the profession or business of disinfecting and preserving human remains for transportation or final dispositi…

(1) Each funeral establishment entering into prearrangement funeral service contracts in which one or more of the following conditions exist must be registered with the board before entering into such contracts:(a) The sales price of the contract, using either trust or insurance …

(1) The terms of prearrangement funeral service contracts are of substantial importance to both consumers and the establishment. Prearrangement funeral service contracts must be approved by the board before being used by a funeral establishment.(2) Contracts must be written in la…

(1) Each establishment entering into prearrangement funeral service contracts which does not use insurance as a method of funding shall establish one or more prearrangement funeral service trust agreements.(2) Such prearrangement funeral service trust agreements shall be between …

(1) Each prearrangement funeral trust shall enter into an agreement with one or more depositories in which the responsibilities of the depository are set forth. The agreement shall contain language which:(a) Sets forth the terms and conditions under which deposits and withdrawals…

(1) Each funeral establishment registered to sell funeral prearrangement contracts must file a statement of its transactions and affairs for the preceding fiscal year. The statement is due to the board ninety days after the end of its fiscal year.(2) The funeral establishment sha…

All payments received must be deposited directly into the appropriate trust fund and may not be offset by the amounts due from the trust prior to deposit. Such deposits must be made on or before the 20th day of the month following receipt of each payment due.[Statutory Authority:…

If human remains do not meet the reduction facility criteria for the method of disposition specified on a prearrangement funeral service contract, an alternate method of disposition shall be determined by the person(s) having the right to direct disposition per RCW 68.50.160.[Sta…

Authorizing agents or persons having the right to direct disposition may change funeral establishments without conflict to the "place and method of disposition," as defined in RCW 68.50.160 (1) and (2). Licensees must permit the release of human remains to another funeral establi…

(1) The use of telephones for solicitation of prearrangements is prevalent. This form of communication offers unique benefits, but entails special risks and poses potential for abuse. The board finds that any impropriety in telephone solicitation is a matter vitally affecting the…

Examination expenses for a funeral prearrangement trust fund examination performed in conjunction with a transfer of ownership or control of a funeral establishment will be paid by the selling entity.[Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-49-210, filed 9/9/0…

Any cemetery authority not exempt under chapter 68.40 RCW shall establish, maintain, and operate an inviolable endowment care fund. Endowment care, special care, and other cemetery authorities' endowment care funds may be commingled for investment and the income therefrom shall b…

Endowment care funds shall not be used for any purpose other than to provide, through income only, for the endowment care stipulated in the instrument by which the fund was established.Endowment care funds shall be used solely for the general care, maintenance, and embellishment …

For the purposes of this chapter, the following terms will be construed as follows:(1) "Board" means the funeral and cemetery board.(2) "Capital gains" means an increase in principal and is excluded from ordinary income and net ordinary income.(3) "Cemetery authority" means an en…

Any cemetery authority maintaining an endowment care fund shall maintain a current accounting system in accordance with generally accepted accounting principles. The system shall track sales, receipts, and disbursements and include the following:(1) An individual contract or agre…

A cemetery authority not exempt per RCW 68.05.400 must make a deposit to the endowment care fund, for scattering, or additional rights of interment, entombment or inurnment, as required in RCW 68.40.010.[Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-0…

In determining the trust fund income for the purpose of RCW 68.44.020 and 68.44.170, an allowance for depreciation on the improved real estate will be used as a determining factor in computing fund income. The cemetery authority must document how depreciation is determined.[Statu…

All payments received must be deposited directly into the appropriate trust fund and may not be offset by amounts due from the trust prior to deposit. Such deposits must be made on or before the 20th day of the month following receipt of each payment due.[Statutory Authority: RCW…

For the purposes of this chapter, the following terms will be construed as follows:(1) "Average fair market value" means the average of the fair market values of assets held by the endowment care fund on the first day of the current fiscal year and the first day of each of the tw…

(1) An application for implementation of the total return distribution method shall be submitted at least sixty days prior to the effective date of the election to use total return. The cemetery authority shall provide the board with the following:(a) A written investment and dis…

The cemetery authority or trustee shall calculate the average fair market value of the fund at the beginning of each fiscal year. Appraisal methods and/or sources utilized to determine fair market value to establish the initial value must remain the same in each reporting year.(1…

(1) The board may take corrective measures including reducing the total return percentage under one or more of the following circumstances:(a) If the average fair market value of the endowment care fund declines by ten percent or more over a two-year period;(b) The fair market va…

(1) In the event that the fees paid by the endowment care fund exceed one percent of the average fair market value, the amount in excess of one percent shall be paid from the distribution.(2) Taxes may be paid from the corpus.[Statutory Authority: RCW 68.05.105 and 18.39.175. WSR…