2023 -- H 6340

========

LC002754

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- FUNERAL DIRECTOR/EMBALMER

AND FUNERAL SERVICE ESTABLISHMENTS

     Introduced By: Representatives McGaw, Ajello, Speakman, Kislak, Cotter, Craven,
Kazarian, Carson, and Henries

     Date Introduced: April 28, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-33.2-1, 5-33.2-13, 5-33.2-13.1, 5-33.2-13.2, 5-33.2-15, 5-33.2-17

and 5-33.2-24 of the General Laws in Chapter 5-33.2 entitled "Funeral Director/Embalmer and

Funeral Service Establishments" are hereby amended to read as follows:

     5-33.2-1. Definitions.

     As used in this chapter:

     (1) “Board” means the state board of funeral directors/embalmers.

     (2) “Cremation” means a two-part (2) procedure where a dead human body or body parts

are reduced by direct flames to residue that includes bone fragments and the pulverization of the

bone fragments to a coarse powdery consistency.

     (3) “Department” means the Rhode Island department of health.

     (4) "Disposition facility" means a building or structure utilized for the reducing of human

remains by means of cremation or natural organic reduction.

     (4)(5) “Division” means the division of professional regulation created under chapter 26 of

this title.

     (5)(6) “Embalmer” means any person who has completed an internship; full course of study

at an accredited mortuary science school; has passed the national board examination; and is

engaged in the practice or profession of embalming, as defined in this section.

     (6)(7) “Embalming” means the practice, science, or profession of preserving, disinfecting,

and preparing in any manner dead human bodies for burial, cremation, or transportation.

     (7)(8) “Funeral” means a period following death in which there are religious services or

other rites or ceremonies with the body of the deceased present.

     (8)(9)(i) “Funeral directing” means:

     (A) Conducting funeral services; or

     (B) The arrangement for disposition of dead human bodies, except in the case of any

religion where the preparation of the body or the provision of funeral services should be done

according to religious custom or belief.

     (ii) Only funeral directors/embalmers working for a licensed funeral establishment are

allowed to meet with families for the purpose of arranging funerals. Provided, that any person who

assumed an ownership interest from his or her spouse or any widow or widower of a licensed

funeral director who at the time of November 1, 1995, has been meeting with families to arrange

for the conducting of funeral services is allowed to continue this practice.

     (9)(10) “Funeral director/embalmer” means any person engaged, or holding himself or

herself out as engaged, in the practice or profession of funeral directing, and the science, practice,

or profession of embalming as previously defined, including a funeral director of record, who may

be a funeral director at more than one establishment or any other word or title intending to imply

or designate him or her as a funeral director/embalmer, undertaker, or mortician. The holder of this

license must be the holder of an embalmer’s license.

     (10)(11) “Funeral director/embalmer intern” means any person engaged in learning the

practice or profession of funeral directing and the science, practice, or profession of embalming

under the instruction and supervision of a funeral director/embalmer licensed and registered under

the provisions of this chapter and actively engaged in the practice or profession of funeral directing

and embalming in this state.

     (11)(12) “Funeral establishment” means a fixed place, establishment, or premises, licensed

by the department, devoted to the activities that are incident, convenient, or related to the care and

preparation, arrangement, financial and otherwise, for the funeral, transportation, burial, or other

disposition of human dead bodies and including, but not limited to, a suitable room with all

instruments and supplies used for the storage or preparation of dead human bodies for burial or

other disposition.

     (12)(13) “Funeral merchandise” means those items that are normally presented for sale as

part of the funeral home operation on a for-profit basis. These items include caskets, sealed,

warranted outer-burial containers, and burial clothing. Not included are urns, grave markers, and

non-sealed outer-burial containers. All persons engaged in the sale of funeral merchandise must

LC002754 - Page 2 of 24

comply with the provisions of chapter 33.1 of this title.

     (14) "Natural organic reduction (NOR)" means the contained, accelerated conversion of

human remains to soil.

     (15) "Natural organic reduction facility" means a structure, room or other space in a

building or real property where natural organic reduction of a human body occurs.

     (13)(16) “Person” includes individuals, partnerships, corporations, limited-liability

companies, associations, and organizations of all kinds.

     (14)(17) “Practice of funeral service” means a person engaging in providing shelter, care,

and custody of human dead remains; in the practice of preparing of the human dead remains by

embalming or other methods for burial or other disposition; in entering into a funeral service

contract; engaging in the functions of funeral directing and/or embalming as presently known,

including those stipulated within this chapter and as defined in the Federal Trade Commission

“Funeral Rule.” The practice of conducting funeral services shall be conducted in the presence of

a licensed funeral director/embalmer.

     5-33.2-13. Funeral establishment and branch officer — Crematories — Inspections

— Denial of access. Funeral establishment and branch officer — Disposition facilities —

Inspections — Denial of access.

     (a) Any licensed funeral director/embalmer employed, authorized, and empowered by the

division of professional regulation may enter any funeral establishment, funeral-establishment

branch office, or crematory disposition facility licensed under the provisions of this chapter, during

the hours the funeral establishment, funeral-establishment branch office, or crematory disposition

facility is open for business, for the purpose of inspecting the sanitary conditions, complaint

investigations, and ascertaining if the provisions of this chapter and the rules and regulations are

being observed in the operation of the funeral establishment, funeral-establishment branch office,

or crematory disposition facility. The inspector may request permission from the department to be

accompanied by another employee of the department of health prior to an inspection. Failure or

refusal of the person in charge of that funeral establishment, funeral-establishment branch office,

or crematory disposition facility to permit the inspection at all reasonable times shall be deemed

sufficient cause for the revocation of any license issued to the funeral establishment, funeral-

establishment branch office, or crematory disposition facility and any certificate of approval issued

by the division.

     (b) Funeral establishments and branch offices and crematories disposition facilities

licensed under the provisions of this chapter shall be inspected at least twice each year. Inspections

shall include all areas of sanitation and public health, complaint investigations, as well as

LC002754 - Page 3 of 24

conformity with applicable section of this chapter and the rules and regulations.

     5-33.2-13.1. Crematories — License and inspection. Disposition facilities — License

and inspection.

     No crematory disposition facility owned or operated by or located on property licensed as

a funeral establishment or at another location or by a cemetery shall conduct cremations or natural

organic reduction without first having applied for and obtained a license from the department.

Applications for the crematory disposition facility license shall be made on forms furnished by the

division accompanied by the application fee as set forth in § 23-1-54. Upon receipt of a completed

application, the department shall issue a license. A license shall be issued to a specific licensee for

a specific location and is not transferable. The facility and licensee shall meet all requirements as

prescribed by the rules and regulations established by the department, not inconsistent with this

chapter.

     5-33.2-13.2. Cremation of human remains. Disposition of human remains.

     (a)(1) Cremation Disposition shall not take place until the necessary permits and consents

are issued pursuant to § 23-3-18.

     (2) A crematory disposition facility shall not take custody of unidentified human remains.

     (3) Human remains designated for cremation shall be cremated without unreasonable

delay. Disposition of human remains shall occur without unreasonable delay.

     (4) When the crematory disposition facility is unable to cremate initiate the disposition

process of the human remains immediately upon taking custody, the crematory disposition facility

shall provide a holding facility that complies with any applicable public health law and that

preserves the dignity of the human remains.

     (5) Holding facilities must be secure from access by all unauthorized persons.

     (6) A crematory disposition facility shall not simultaneously cremate conduct the process

of reduction of human remains of more than one human remain within the same cremation

disposition chamber. The processing, packaging, storage, and disposition of cremated remains

following cremation or natural organic reduction shall be as prescribed in the rules and regulations

promulgated by the department of health division of professional regulation.

     (7) A crematory disposition facility or funeral home shall be authorized to dispose of the

cremated remains following cremation or natural organic reduction that have been abandoned at

the crematory disposition facility or funeral home for more than six (6) months. All reasonable

attempts must be made and diligence exercised to contact the person in charge who authorized the

cremation.

     (b) This section does not apply to the cremation of various body parts from different human

LC002754 - Page 4 of 24

bodies.

     5-33.2-15. Annual renewal of licenses.

     All licenses issued under the provisions of this chapter must be renewed annually by their

holders, who shall pay to the division a yearly renewal fee for the renewal of a funeral

director/embalmer’s license, and additional fees for each funeral-establishment branch office

license and for the crematory disposition facility license. These fees are as set forth in § 23-1-54.

On or before the fifteenth day of November in each year, the division shall mail to each licensed

funeral director/embalmer and to each licensed funeral establishment, funeral-establishment branch

office, and crematory disposition facility an application for the renewal. Applications, accompanied

by the fee for renewal, shall be filed with the division on or before the thirty-first day of December

in each year. Applications filed after the thirty-first of December and on or before the fifteenth of

January must be accompanied by a fee as set forth in § 23-1-54 for funeral director/embalmers and

funeral establishments in addition to the previously established renewal fees. Any funeral

director/embalmer who acts or holds himself or herself out as a funeral director/embalmer after his

or her certificate has been lapsed shall be punished as provided in this chapter. Any funeral

establishment, funeral-establishment branch office, or crematory disposition facility that acts or

holds itself out as a funeral establishment after its license has lapsed shall be punished as provided

in this chapter.

     5-33.2-17. Revocation or suspension of license.

     (a) The division has the power to refuse to issue or may revoke or suspend any license

issued by it under this chapter, after written notification and a hearing before the board for gross

incompetency, for unprofessional conduct, which is defined to include:

     (1) Conviction of a felony;

     (2) Misrepresentations made of services, goods, or of funeral prices or fraud committed as

a holder of a license for the practice of embalming, funeral directing, or the holder of a license as a

funeral establishment, funeral-establishment branch, or crematory disposition facility;

     (3) False or misleading advertising as the holder of a license for the practice of embalming,

funeral directing, or the holder of a license as a funeral establishment, funeral-establishment branch,

or crematory disposition facility; violating any regulations relating to “truth in advertising”; or

failure to do the following:

     (i) List only full-time employees or those having an ownership interest in the

advertisements including his or her title, which clearly identifies one’s duties;

     (ii) List the name of the funeral director of record for the establishment in all advertising;

     (iii) A deceased founder may be listed in advertisements with the notation “founder”

LC002754 - Page 5 of 24

following the name;

     (4) Solicitation of dead human bodies by any licensed embalmer, funeral director, funeral

attendant, or the holder of license as a funeral establishment, funeral-establishment branch or

crematory disposition facility, its agents, assistants, or employees, whether the solicitation occurs

after death or while death is impending; provided, that this does not prohibit general advertising;

     (5) Employment directly or indirectly of any intern, agent, assistant, employee, or other

person, on part or full-time, or on commission, for the purpose of calling upon individuals or

institutions by whose influence dead human bodies may be turned over to a particular funeral

establishment;

     (6) The direct or indirect payment or offer of payment of a commission by any funeral

establishment, funeral-establishment branch, or crematory disposition facility, its agents, assistants,

or employees for the purpose of securing business;

     (7) Solicitation or acceptance by a licensed funeral director/embalmer, or the holder of a

license as a funeral establishment, funeral-establishment branch, or crematory disposition facility,

of any commission or bonus or rebate in consideration of recommending or causing a dead human

body to be disposed of in any crematory disposition facility, mausoleum, or cemetery;

     (8) Using any funeral merchandise previously used in whole or in part without prior written

permission of the person selecting and/or paying for the use of the merchandise;

     (9) Violation of any of the provisions of this chapter;

     (10) Violation of any state law or rule and regulation affecting the handling, custody, care,

transportation, or final disposition of dead human bodies;

     (11) Fraud or misrepresentation in obtaining or renewing a license;

     (12) Refusing to properly release a dead human body to the custody of the person or entity

who has the legal right to effect the release and authorized cost has been paid;

     (13) Aiding or abetting an unlicensed person to practice funeral directing and embalming

or holding oneself out as a licensed funeral director/embalmer;

     (14) Failure to secure any required permit for removal or burial of dead human remains

prior to interment or final disposition;

     (15) Knowingly making any false statement on a certificate of death;

     (16) Violation of chapter 33.1 of this title entitled “Funeral Service Contracts”;

     (17) Discriminating in services because of race, creed, color, or national origin;

     (18) Permitting non-funeral service licensees to make arrangements for a funeral prior to,

or at, need unless exempted under chapter 33.1 of this title or a registered intern under the

supervision of a licensee;

LC002754 - Page 6 of 24

     (19) Substantial or repeated violations of the rules and regulations of the Federal Trade

Commission and/or the Occupational Safety and Health Administration, or for other violations

deemed sufficient; provided, that before any license is revoked or suspended, the license holder

shall have notice, in writing, of the charge or charges against him or her and shall have reasonable

opportunity to be heard in his or her defense.

     (b) Any person whose certificate has been revoked or suspended may apply to have the

certificate reissued, and the certificate shall be reissued to him or her upon a satisfactory showing

that disqualification has ceased.

     5-33.2-24. Proper authority for funeral arrangements and disposition of human

remains.

     Every licensed funeral director/embalmer, licensed funeral establishment, licensed

crematory disposition facility, and cemetery shall comply with the following rules with respect to

proper authority for funeral arrangements and disposition of human remains:

     (1) If a licensed funeral establishment is a party to a funeral service contract, as defined in

§ 5-33.1-2, for the benefit of a deceased person, only when executed by the principal, him or herself,

and the contract is still in effect at the time of that person’s death, the terms of that contract shall

control the nature of the funeral goods and services to be provided; the manner in which funeral

services are to be conducted for the deceased; and the final disposition of the deceased person’s

remains to the full extent provided in that contract. When the contract is executed by the principal,

him or herself, and specifies cremation or natural organic reduction as the chosen disposition, the

contract is considered sufficient legal authorization for cremation or natural organic reduction. No

licensed funeral establishment, licensed crematory disposition facility, or cemetery, nor any of its

agents or employees, may cancel or materially alter any of the arrangements specified in that

contract, even if requested to do so by a member of the deceased person’s family or a funeral

planning agent designated pursuant to chapter 33.3 of this title unless compliance with the terms of

the original contract would result in a violation of any applicable federal, state, or local law or

regulation, notwithstanding the provisions of this chapter.

     (2) To the extent that there is no funeral service contract in effect at the time of death for

the benefit of the deceased person, indicating the wishes of the deceased person with respect to the

nature of the funeral goods and services to be provided, the manner in which funeral services are

to be conducted, or the final disposition of the deceased person’s remains, then the funeral

establishment and its agents or employees shall follow the directions of the deceased person’s

survivors in the following order of priority:

     (i) An agent designated pursuant to chapter 33.3 of this title, if any;

LC002754 - Page 7 of 24

     (ii) The surviving spouse or domestic partner of the deceased;

     (iii) The surviving adult children of the deceased;

     (iv) The surviving parent(s) of the deceased over the age of eighteen (18), or, if the

deceased is a minor, and there is a custody order relative to that child, the custodial parent, after he

or she signs an affidavit attesting that he or she does not know the whereabouts of the other parent;

     (v) The surviving brother(s) or sister(s) of the deceased;

     (vi) The surviving adult grandchildren of the deceased;

     (vii) The surviving adult niece(s) or nephew(s) of the deceased;

     (viii) The guardian of the person of the deceased at the time of his or her death.

     (3) All licensed funeral directors/embalmers, licensed funeral establishments, licensed

crematories disposition facilities, cemeteries, and all their agents and employees shall be held

harmless, and shall not be subject to civil suit, either as individual(s), partnership(s), or

corporation(s), for complying with the provisions of this chapter.

     (4) For the purpose of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the

decedent and who certifies by affidavit that their relationship met the following qualifications:

     (i) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

     (ii) Neither partner is married to anyone else;

     (iii) Partners were not related by blood to a degree that would prohibit marriage in the state

of Rhode Island;

     (iv) Partners resided together and had resided together for at least one year at the time of

death; and

     (v) Partners were financially interdependent as evidenced by at least two (2) of the

following:

     (A) Domestic partnership agreement or relationship contract;

     (B) Joint mortgage or joint ownership of primary residence;

     (C) Two (2) of the following:

     (I) Joint ownership of motor vehicle;

     (II) Joint checking account;

     (III) Joint credit account;

     (IV) Joint lease; and/or

     (D) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract, or life insurance.

LC002754 - Page 8 of 24

     SECTION 3. Section 23-1-54 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-54. Fees payable to the department of health.

     Fees payable to the department shall be as follows:

     PROFESSION RIGL Section Description of Fee FEE

     Barbers/hairdressers 5-10-10(a) Renewal application $25.00

     Barbers/hairdressers 5-10-10(a) Renewal application:  

     Manicuring   Instructors and mani- $25.00

         curists  

     Barbers/hairdressers 5-10-10(b) Minimum late renewal $25.00

         fee  

     Barbers/hairdressers 5-10-10(b) Maximum late renewal $100.00

         fee  

     Barbers/hairdressers 5-10-11[c] Application fee $25.00

     Barbers/hairdressers 5-10-11[c] Application fee: mani-  

         curing  

         Instructors and mani- $25.00

         curists  

     Barbers/hairdressers 5-10-13 Demonstrator’s permit $90.00

     Barbers/hairdressers 5-10-15 Shop license: initial $170.00

     Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

     Veterinarians 5-25-10 Application fee $40.00

     Veterinarians 5-25-11 Examination fee $540.00

     Veterinarians 5-25-12(a) Renewal fee $580.00

     Veterinarians 5-25-12[c] Late renewal fee $120.00

     Podiatrists 5-29-7 Application fee $240.00

     Podiatrists 5-29-11 Renewal fee: minimum $240.00

     Podiatrists 5-29-11 Renewal fee: maximum $540.00

     Podiatrists 5-29-13 Limited registration $65.00

     Podiatrists 5-29-14 Limited registration:  

         Academic faculty $240.00

     Podiatrists 5-29-14 Application fee:  

         Renewal minimum $240.00

     Podiatrists 5-29-14 Application fee:  

LC002754 - Page 9 of 24

         Renewal maximum $440.00

     Chiropractors 5-30-6 Examination fee: $210.00

     Chiropractors 5-30-7 Examination exemp- $210.00

         tion fee:  

     Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

     Chiropractors 5-30-8(b) Exam chiro and $210.00

         physiotherapy  

     Chiropractors 5-30-12 Renewal fee $210.00

     Dentists/dental hygien- 5-31.1-6(d) Dentist: application fee $965.00

     ists      

     Dentists/dental hygien- 5-31.1-6(d) Dental hygienist:  

     ists   application fee $65.00

     Dentists/dental hygien- 5-31.1-6(d) Reexamination: dentist $965.00

     ists      

     Dentists/dental hygien- 5-31.1-6(d) Reexamination:  

     ists   hygienist $65.00

     Dentists/dental hygien- 5-31.1-21(b) Reinstatement fee $90.00

     ists   dentist  

     Dentists/dental hygien- 5-31.1-21(b) Reinstatement fee $90.00

     ists   hygienist  

     Dentists/dental hygien- 5-31.1-21(c) Inactive status: dentist $220.00

     ists      

     Dentists/dental hygien- 5-31.1-21(c) Inactive status:  

     ists   hygienist $40.00

     Dentists/dental hygien- 5-31.1-22 Limited registration $65.00

     ists      

     Dentists/dental hygien- 5-31.1-23[c] Limited reg:  

     ists      

         Academic faculty $965.00

     Dentists/dental hygien- 5-31.1-23[c] Limited reg:  

     ists      

         Academic faculty $500.00

         renewal  

     Electrolysis 5-32-3 Application fee $25.00

LC002754 - Page 10 of 24

     Electrolysis 5-32-6(b) Renewal fee $25.00

     Electrolysis 5-32-7 Reciprocal license fee $25.00

     Electrolysis 5-32-17 Teaching license $25.00

     Funeral directors/em- 5-33.2-12 Funeral establishment $120.00

     balmers   license  

     Funeral services estab-      

     lishments      

     Funeral directors/em- 5-33.2-15 Renewal: funeral/direc- $90.00

     balmers   tor  

     Funeral services estab-   embalmer $30.00

     lishments      

     Funeral directors/em- 5-33.2-12 Funeral branch ofc $90.00

     balmers   license  

     Funeral directors/em- 5-33.2-13.1 Crematories Disposition

     balmers Facilities: applica- $120.00

        tion fee  

     Funeral services estab-      

     lishments      

     Funeral directors/em- 5-33.2-15 Renewal: funeral/direc-  

     balmers   tor  

     Funeral Svcs establish-   establishment $120.00

     ments      

     Funeral directors/em- 5-33.2-15 Additional branch  

     balmers   office  

     Funeral services Estab-   licenses $120.00

     lishments      

     Funeral directors/em- 5-33.2-15 Crematory Disposition facility renewal fee

     balmers   

     Funeral svcs establish-     $120.00

     ments      

     Funeral directors/em- 5-33.2-15 Late renewal fee  

     balmers      

     Funeral svcs establish-   (All license types) $25.00

     ments      

LC002754 - Page 11 of 24

     Funeral directors/em- 5-33.2-16(a) Intern registration fee  

     balmers      

     Funeral Services estab-     $25.00

     lishments      

     Nurses 5-34-12 RN Application fee $135.00

     Nurses 5-34-16 LPN Application fee $45.00

     Nurses 5-34-19 Renewal fee: RN $135.00

     Nurses 5-34-19 Renewal fee: LPN $45.00

     Nurses 5-34-37 RNP application fee $80.00

     Nurses 5-34-37 RNP renewal fee $80.00

     Nurses 5-34-37 RNP prescriptive privi- $65.00

         leges  

     Nurses 5-34-40.3 Clin nurse spec appli- $80.00

         cation  

     Nurses 5-34-40.3 Clin nurse spec $80.00

         renewal  

     Nurses 5-34-40.3 Clin nurse spec Rx $65.00

         privilege  

     Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

     Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

     Optometrists 5-35.1-4 Application fee $280.00

     Optometrists 5-35.1-7 Renewal fee $280.00

     Optometrists 5-35.1-7 Late fee $90.00

     Optometrists 5-35.1-7 Reactivation of license $65.00

         fee  

     Optometrists 5-35.1-19(b) Violations of section $650.00

     Optometrists 5-35.1-20 Violations of chapter $260.00

     Opticians 5-35.2-3 Application fee $30.00

     Physicians 5-37-2 Application fee $1,090.00

     Physicians 5-37-2 Re-examination fee $1,090.00

     Physicians 5-37-10(b) Late renewal fee $170.00

     Physicians 5-37-16 Limited registration $65.00

         fee  

     Physicians 5-37-16.1 Ltd reg: academic $600.00

LC002754 - Page 12 of 24

         faculty  

     Physicians 5-37-16.1 Ltd reg: academic  

         Faculty renewal $170.00

     Acupuncture 5-37.2-10 Application fee $310.00

     Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

         Licensure fee $170.00

     Social workers 5-39.1-9 Application fee $70.00

     Social workers 5-39.1-9 Renewal fee $70.00

     Physical therapists 5-40-8 Application fee $155.00

     Physical therapists 5-40-8.1 Application: physical $50.00

         therapy assistants  

     Physical therapists 5-40-10(a) Renewal fee:  

         Physical therapists $155.00

     Physical therapists 5-40-10(a) Renewal fee: Physical  

         therapy  

         assistants $50.00

     Physical therapists 5-40-10[c] Late renewals $50.00

     Occupational thera- 5-40.1-12(2) Renewal fee $140.00

     pists      

     Occupational thera- 5-40.1-12(5) Late renewal fee $50.00

     pists      

     Occupational thera- 5-40.1-12(b) Reactivation fee $140.00

     pists      

     Occupational thera- 5-40.1-13 Application fee $140.00

     pists      

     Psychologists 5-44-12 Application fee $230.00

     Psychologists 5-44-13 Temporary permit $120.00

     Psychologists 5-44-15[c] Renewal fee $230.00

     Psychologists 5-44-15(e) Late renewal fee $50.00

     Nursing home adminis- 5-45-10 Renewal fee $160.00

     trators      

     Speech pathologist/au- 5-48-1(14) Speech lang support  

     diologists   personnel:  

         late filing $90.00

LC002754 - Page 13 of 24

     Speech pathologist/au- 5-48-9(a) Application fee: Audiol- $65.00

     diologists   ogist  

     Speech pathologist/au- 5-48-9(a) Application fee:  

     diologists      

         Speech Pathologist $145.00

     Speech pathologist/au- 5-48-9(a) Renewal fee: Audiolo- $65.00

     diologists   gist  

     Speech pathologist/au- 5-48-9(a) Renewal fee: Speech $145.00

     diologists   Pathologist  

     Speech pathologist/au- 5-48-9(a) Provisional license:  

     diologists   renewal fee $65.00

     Speech pathologist/au- 5-48-9(b) Late renewal fee $50.00

     diologists      

     Speech pathologist/au- 5-48-9(d)(1) Reinstatement fee:  

     diologists   audiologist $65.00

     Speech pathologist/au- 5-48-9(d)(1) Reinstatement fee:  

     diologists   audiologist $65.00

         speech pathologists $145.00

         personnel: late filing $65.00

     Hearing aid dealers/ 5-49-6(a) License endorsement  

     fitters      

         Examination fee $25.00

     Hearing aid dealers/ 5-49-8(b) Temporary permit fee $25.00

     fitters      

     Hearing aid dealers/ 5-49-8(d) Temporary permit $35.00

     fitters   renewal fee  

     Hearing aid dealers/ 5-49-11(a)(1) License fee $25.00

     fitters      

     Hearing aid dealers/ 5-49-11(b) License renewal fee $25.00

     fitters      

     Hearing aid dealers/ 5-49-11[c] License renewal late $25.00

     fitters   fee  

     Physician assistants 5-54-9(4) Application fee $110.00

     Physician assistants 5-54-11(b) Renewal fee $110.00

LC002754 - Page 14 of 24

     Orthotics/prosthetic 5-59.1-5 Application fee $120.00

     practice      

     Orthotics/prosthetic 5-59.1-12 Renewal fee $120.00

     practice      

     Athletic trainers 5-60-11 Application fee $60.00

     Athletic trainers 5-60-11 Renewal fee $60.00

     Athletic trainers 5-60-11 Late renewal fee $25.00

     Mental health counsel- 5-63.2-16 Application fee: Mar-  

     ors/   riage/  

     Marriage and family   Family therapist $130.00

     therapists      

     Mental health counsel- 5-63.2-16 Application fee: Mental  

     ors/      

     Marriage and family   Health counselors $70.00

     therapists      

     Mental health counsel- 5-63.2-16 Reexamination fee:  

     ors/      

     Marriage and family   Marriage/family thera- $130.00

     therapists   pist  

     Mental health counsel- 5-63.2-16 Reexamination fee:  

     ors/      

     Marriage and family   Mental health counsel- $70.00

     therapists   ors  

     Mental health counsel- 5-63.2-17(a) Renewal fee: Marriage/  

     ors/      

     Marriage and Family   Family therapist $130.00

     therapists      

     Mental health counsel- 5-63.2-17(a) Renewal fee:  

     ors/      

     Marriage and Family   Mental health coun- $50.00

     therapist   selor  

     Mental health counsel- 5-63.2-17(b) Late renewal fee:  

     ors/      

     Marriage and Family   Marriage and family $90.00

LC002754 - Page 15 of 24

     therapist   therapist  

     Dieticians/nutritionists 5-64-6(b) Application fee $75.00

     Dieticians/nutritionists 5-64-7 Graduate status:  

         Application fee: $75.00

     Dieticians/nutritionists 5-64-8 Renewal fee $75.00

     Dieticians/nutritionists 5-64-8 Reinstatement fee $75.00

     Radiologic technolo- 5-68.1-10 Application fee maxi- $190.00

     gists   mum  

     Licensed chemical de- 5-69-9 Application fee $75.00

     pendency professionals      

     Licensed chemical de- 5-69-9 Renewal fee $75.00

     pendency professionals      

     Licensed chemical 5-69-9 Application fee $75.00

     Licensed chemical 5-69-9 Application fee $75.00

     dependency clinical su-      

     pervisor      

     Licensed chemical 5-69-9 Renewal fee $75.00

     dependency clinical su-      

     pervisor      

     Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00

     Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00

     Milk producers 21-2-7(g)(1) In-state milk processor $160.00

     Milk producers 21-2-7(g)(2) Out-of-state milk pro- $160.00

         cessor  

     Milk producers 21-2-7(g)(3) Milk distributors $160.00

     Frozen desserts 21-9-3(1) In-state wholesale $550.00

     Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

     Frozen desserts 21-9-3(3) Retail frozen dess pro- $160.00

         cessors  

     Meats 21-11-4 Wholesale $160.00

     Meats 21-11-4 Retail $40.00

     Shellfish packing 21-14-2 License fee:  

     houses      

         Shipper/reshipper $320.00

LC002754 - Page 16 of 24

     Shellfish packing 21-14-2 License fee:  

     houses      

         Shucker packer/ $390.00

         repacker  

     Non-alcoholic bottled 21-23-2 Bottler permit  

     beverages, drinks &     $550.00

     juices      

     Non-alcoholic bottled 21-23-2 Bottle apple cider fee  

     beverages, drinks and     $60.00

     juices      

     Farm home food manu- 21-27-6.1(4) Registration fee $65.00

     facturers      

     Cottage Food Manu- 21-27-6.2(4) Registration fee $65.00

     facturers      

     Food businesses 21-27-10(e)(1) Food processors whole- $300.00

         sale  

     Food businesses 21-27-10(e)(2) Food processors retail $120.00

     Food businesses 21-27-10(e)(3) Food service establish-  

         ments  

         50 seats or less $160.00

     Food businesses 21-27-10(e)(3) Food service establish-  

         ments  

         more than 50 seats $240.00

     Food businesses 21-27-10(e)(3) Mobile food service $100.00

         units  

     Food businesses 21-27-10(e)(3) Industrial caterer or  

         food vending  

         Machine commissary $280.00

     Food businesses 21-27-10(e)(3) Cultural heritage  

         educational  

         Facility $80.00

     Food businesses 21-27-10(e)(4) Vending Machine  

         Location  

         3 units or less $50.00

LC002754 - Page 17 of 24

     Food businesses 21-27-10(e)(4) Vending Machine  

         Location 4-10 units $100.00

     Food businesses 21-27-10(e)(4) Vending Machine  

         Location = 11 units $120.00

     Food businesses 21-27-10(e)(5) Retail Mkt  

         1-2 cash registers $120.00

     Food businesses 21-27-10(e)(5) Retail Market  

         3-5 cash registers $240.00

     Food businesses 21-27-10(e)(5) Retail Market = 6  

         Cash registers $510.00

     Food businesses 21-27-10(e)(6) Retail food peddler $100.00

     Food businesses 21-27-10(e)(7) Food warehouses $190.00

     Food businesses 21-27-11.2 Certified food safety $50.00

         mgr  

     License verification fee 23-1-16.1 All license types $50.00

     Tattoo and body pierc- 23-1-39 Annual registration  

     ing   fee:  

         Person $90.00

     Tattoo and body pierc- 23-1-39 Annual registration  

     ing   fee:  

         establishment $90.00

     Vital records 23-3-25(a)(1) Certificate of birth,  

         fetal death,  

         death, marriage, birth,  

         or  

         Certification that such  

         record  

         Cannot be found $20.00

     Vital records 23-3-25(a)(1) Each duplicate of  

         certificate  

         of birth, fetal death,  

         death, marriage,  

         birth, or certification  

         that such record  

LC002754 - Page 18 of 24

         cannot be found $15.00

     Vital records 23-3-25(a)(2) Each additional  

         calendar year  

         Search, if within 3  

         months of  

         original search and if  

         receipt of original  

         search presented $2.00

     Vital records 23-3-25(a)(3) Expedited service $7.00

     Vital records 23-3-25(a)(4) Adoptions, legitima-  

         tions, or  

         Paternity determina- $15.00

         tions  

     Vital records 23-3-25(a)(5) Authorized corrections,  

         Alterations, and addi- $10.00

         tions  

     Vital records 23-3-25(a)(6) Filing of delayed record  

         and  

         Examination of docu-  

         mentary  

         Proof $20.00

     Vital records 23-3-25(a)(6) Issuance of certified  

         copy  

         of a delayed record $20.00

     Medical Examiner 23-4-13 Autopsy reports $40.00

     Medical Examiner 23-4-13 Cremation or natural organic reduction

certificates  and statistics $30.00

     Medical Examiner 23-4-13 Testimony in civil  

         suits:  

         Minimum/day $650.00

     Medical Examiner 23-4-13 Testimony in civil  

         suits:  

         Maximum/day $3,250.00

     Emergency medical 23-4.1-10[c] Annual fee: ambulance  

LC002754 - Page 19 of 24

     technicians      

         service maximum $540.00

     Emergency medical 23-4.1-10[c] Annual fee: vehicle  

     technicians   license  

         maximum $275.00

     Emergency medical 23-4.1-10[c] Triennial fee: EMT  

     technicians   license  

         maximum $120.00

     Emergency medical 23-4.1-10(c)(2) Exam fee maximum: $120.00

     technicians   EMT  

     Emergency medical 23-4.1-10(c)(2) Vehicle inspection  

     technicians      

         Maximum $190.00

     Clinical laboratories 23-16.2-4(a) Clinical laboratory  

         license  

         per specialty $650.00

     Clinical laboratories 23-16.2-4(a) Laboratory station $650.00

         license  

     Clinical laboratories 23-16.2-4(b) Permit fee $70.00

     Health care facilities 23-17-38 Hospital: base fee

$16,900.00

         annual  

     Health care facilities 23-17-38 Hospital: annual per $120.00

         bed fee  

     Health care facilities 23-17-38 ESRD: annual fee $3,900.00

     Health care facilities 23-17-38 Home nursing-care/  

         home-  

         care providers $650.00

     Health care facilities 23-17-38 OACF: annual fee $650.00

     Assisted living resi- 23-17.4-15.2(d) License application fee: $220.00

     dences/      

     administrators      

     Assisted living resi- 23-17.4-15.2(d) License renewal fee: $220.00

     dences/      

LC002754 - Page 20 of 24

     administrators      

     Assisted living resi- 23-17.4-31 Annual facility fee: base $330.00

     dences      

     Assisted living resi- 23-17.4-31 Annual facility per bed $70.00

     dences      

     Nursing assistant reg- 23-17.9-3 Application:  

     istration   competency  

         evaluation training  

         program maximum $325.00

     Nursing assistant reg- 23-17.9-5 Application fee $35.00

     istration      

     Nursing assistant reg- 23-17.9-5 Exam fee: skills profi- $170.00

     istration   ciency  

     Nursing assistant reg- 23-17.9-6 Registration fee $35.00

     istration      

     Nursing assistant reg- 23-17.9-7 Renewal fee $35.00

     istration      

     Sanitarians 23-19.3-5(a) Registration fee $25.00

     Sanitarians 23-19.3-5(b) Registration renewal $25.00

     Massage therapy 23-20.8-3(e) Massage therapist appl $65.00

         fee  

     Massage therapy 23-20.8-3(e) Massage therapist $65.00

         renewal fee  

     Recreational facilities 23-21-2 Application fee $160.00

     Swimming pools 23-22-6 Application license:  

         first pool $250.00

     Swimming pools 23-22-6 Additional pool  

         fee at same location $75.00

     Swimming pools 23-22-6 Seasonal application  

         license:  

         first pool $150.00

     Swimming pools 23-22-6 Seasonal additional  

         pool  

         fee at same location $75.00

LC002754 - Page 21 of 24

     Swimming pools 23-22-6 Year-round license  

         for non-profit $25.00

     Swimming pools 23-22-10 Duplicate license $2.00

     Swimming pools 23-22-12 Penalty for violations $50.00

     Respiratory care prac- 23-39-11 Application fee $60.00

     titioners      

     Respiratory care prac- 23-39-11 Renewal fee $60.00

     titioners      

     SECTION 2. Section 23-3-18 of the General Laws in Chapter 23-3 entitled "Vital Records"

is hereby amended to read as follows:

     23-3-18. Permits.

     (a) The funeral director, his or her duly authorized agent, or another person acting as a duly

authorized agent, who first assumes custody of a dead body or fetus shall prepare a burial-transit

permit prior to final disposition or removal from the state of the body or fetus and within seven (7)

calendar days after death.

     (b) The burial-transit permit shall be signed by the funeral director and by the certifying

physician as designated in § 23-3-16(c).

     (c) A burial-transit permit issued under the law of another state which accompanies a dead

body or fetus brought into this state shall be authority for final disposition of the body or fetus in

this state.

     (d) A permit for disinterment and re-interment shall be required prior to disinterment of a

dead body or fetus except as authorized by regulation or otherwise provided by law. The permit

shall be issued by the local registrar of vital records at the place of disinterment to a licensed funeral

director, embalmer, his or her duly authorized agent, or another person acting as a duly authorized

agent, upon proper application.

     (e)(1) The body of a deceased person shall not be cremated within An operator of a

disposition facility shall not cremate or process by means of natural organic reduction or allow the

cremation or processing by means of natural organic reduction of a dead human body until the

passage of at least twenty-four (24) hours after his or her death unless he or she dies of a contagious

or infectious disease. The body shall not be received or cremated or processed by means of natural

organic reduction by any corporation authorized to cremate or conduct the process of natural

organic reduction of the bodies of the dead until its officers have received the burial permit required

by law before burial, and a cremation certificate or natural organic reduction certificate issued by

the Rhode Island office of state medical examiners. A cremation certificate or natural organic

LC002754 - Page 22 of 24

reduction certificate shall be issued only if the office of state medical examiners determines that

the cause and manner of death is such that no further examination or judicial inquiry concerning

the cause and manner of death is necessary.

     (2) The cremation certificate or natural organic reduction certificate issued to the funeral

director by the medical examiner, in duplicate, shall accompany the body to the crematory

disposition facility. The crematory disposition facility shall retain the duplicate copy and mail the

original copy to the state division of vital records.

     SECTION 3. This act shall take effect upon passage.

========

LC002754

========

LC002754 - Page 23 of 24

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- FUNERAL DIRECTOR/EMBALMER

AND FUNERAL SERVICE ESTABLISHMENTS

***

     This act would provide for the operation and duties of natural organic reduction for the

contained, accelerated conversion of human remains to soil. A disposition facility would be used

for either cremation or natural organic reduction.

     This act would take effect upon passage.

========

LC002754

========

LC002754 - Page 24 of 24