State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_27A

§ 90‑210.27A.  Funeralestablishments.

(a)        Every funeralestablishment shall contain a preparation room which is strictly private, ofsuitable size for the embalming of dead bodies. Each preparation room shall:

(1)        Contain one standardtype operating table.

(2)        Contain facilitiesfor adequate drainage.

(3)        Contain a sanitarywaste receptacle.

(4)        Contain aninstrument sterilizer.

(5)        Have wall‑to‑wallfloor covering of tile, concrete, or other material which can be easilycleaned.

(6)        Be kept in sanitarycondition and subject to inspection by the Board or its agents at all times.

(7)        Have a placard orsign on the door indicating that the preparation room is private.

(8)        Have a properventilation or purification system to maintain a nonhazardous level of airbornecontamination.

(b)        No one is allowedin the preparation room while a dead human body is being prepared exceptlicensees, resident trainees, public officials in the discharge of theirduties, members of the medical profession, officials of the funeral home, nextof kin, or other legally authorized persons.

(c)        Every funeralestablishment shall contain a reposing room for dead human bodies, of suitablesize to accommodate a casket and visitors.

(d)        Repealed by SessionLaws 1997‑399, s. 14.

(e)        If a funeralestablishment is solely owned by a natural person, that person must be licensedby the Board as a funeral director or a funeral service licensee. If it isowned by a partnership, at least one partner must be licensed by the Board as afuneral director or a funeral service licensee. If it is owned by acorporation, the president, vice‑president, or the chairman of the boardof directors must be licensed by the Board as a funeral director or a funeralservice licensee. If it is owned by a limited liability company, at least onemember must be licensed by the Board as a funeral director or a funeral servicelicensee. The licensee required by this subsection must be actively engaged inthe operation of the funeral establishment.

(f)         If a funeralestablishment uses the name of a living person in the name under which it doesbusiness, that person must be licensed by the Board as a funeral director or afuneral service licensee.

(g)        No funeralestablishment shall own, operate, or maintain a chapel without first havingregistered the name, location, and ownership thereof with the Board; own ormaintain more than two chapels, or own or maintain a chapel outside of a radiusof 50 miles from the funeral establishment. A duly licensed person may use achapel for making arrangements for funeral services, selling funeralmerchandise to the public by photograph, video, or computer based presentation,or making financial arrangements for the rendering of the service or sale ofsupplies, provided that the uses are secondary and incidental to and do notinterfere with the reposing of dead human bodies, visitation, or funeralceremony.

(h)        All public healthlaws and rules apply to funeral establishments. In addition, all funeralestablishments must comply with all of the standards established by the rulesadopted by the Board.

(i)         No funeralestablishment shall use an unregistered or misleading name. Misleading namesinclude, but are not limited to, names in the plural form when there is onlyone funeral establishment, the use of names of deceased individuals, unless theestablishment is licensed using the name at the time the new application ismade, the use of names of individuals not associated with the establishment,and the use of the word "crematory" or "crematorium" in thename of a funeral establishment that does not own a crematory. If an owner of afuneral establishment owns more than one funeral establishment, the owner maynot use the word "crematory" or "crematorium" in the nameof more than one of its funeral establishments; except that each funeral homehaving a crematory on the premises may contain the term "crematory"or "crematorium" in its name.

(j)         A funeralestablishment will not use any name other than the name by which it is properlyregistered with the Board. (1987, c. 430, s. 13; c. 879, s. 6.2; 1997‑399,s. 14; 2001‑294, s. 4; 2003‑420, s. 9(a), (b); 2007‑531, s.5.)