(1) |
The Funeral
Director in Full & Continuous Charge shall:
(a) |
Ensure that the establishment is licensed
properly with the Board and maintains the license in active status at all
times, as required by OCGA §§ 43-18-5(a),
43-18-46(25),
& 43-18-73. |
(b) |
Ensure that
the funeral establishment complies with the provisions of OCGA § 43-18-70 and Rule
250-6-.06. |
(d) |
Ensure that every individual who will
serve as embalmer, director, or apprentice is licensed properly with the Board
and maintains the appropriate license at all times while they are in the employ
of the establishment, as required by OCGA §§ 43-18-5(a)&
43-18-46(18), (25). |
(e) |
Ensure
that no one employed by or representing the establishment gives or contracts to
give any person or business entity anything of value to induce such person or
entity to persuade someone to use the services of the establishment or any
embalmer or director employed by the establishment. Such practice is prohibited
by OCGA §§ 43-18-5(d)&
43-18-46(7). |
(f) |
Ensure that no
one employed by or representing the establishment accepts anything of value to
influence, persuade, or suggest to family members as to where a body should or
should not be buried. Such practice is prohibited by OCGA § 43-18-5(e). |
(g) |
Ensure that all deceased human bodies are
released to the legally authorized person upon request of that person, in
accordance with OCGA §§ 43-18-5(f)&
43-18-46(16). |
(h) |
Ensure that every
deceased body serviced by the establishment is properly tagged prior to
interment or cremation and that all cremated remains are labeled in accordance
with the provisions of OCGA § 43-18-8(a). |
(i) |
Ensure that the certificate of cremation
is completed with notarized signature and presented to the legally authorized
person at the time of delivery or release, in accordance with OCGA § 43-18-8(b). |
(j) |
Ensure that the licenses or wall
certificates issued by the Board to the establishment and all licensed people
employed by the establishment are posted in a conspicuous place in the
establishment, as required by OCGA § 43-18-44. |
(k) |
Ensure that the name of the proper
embalmer and funeral director is listed on all death certificates. If the name
of the embalmer and/or funeral director is signed on the death certificate, it
must be the actual signature of the person, in accordance with OCGA § 43-18-46(4),(9).
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(l) |
Ensure that charges for
merchandise and services rendered are in compliance with the General Price
List, casket price list, outer burial container list, or the funeral services
contract price list, as required by
16CFR 453.2 & OCGA § 43-18-46(17). |
(m) |
Ensure that the General Price List is
provided upon request, regardless of the reason for the request, as required by
16CFR 453.2. |
(n) |
Ensure that a written, signed contract is
provided to every customer upon completion of the contract negotiation and is
available at the establishment for a period of 3 years. |
(o) |
Ensure compliance with the terms of the
funeral services contract, as required by OCGA § 43-18-46(12). |
(p) |
Ensure that all statements made regarding
services, merchandise, and legal requirements are accurate, in accordance with
OCGA § 43-18-46(11),(23). The FDFCC must ensure that all
employees are educated regarding services, merchandise, and legal requirements
so as to provide accurate information and to avoid misleading the
public. |
(q) |
Safeguard the
decedent's dignity, right to privacy, or right to confidentiality, unless
compelled by law to do otherwise, in accordance with OCGA § 43-18-46(13). |
(r) |
Ensure that assigned benefits in excess
of the charges incurred are remitted to the assignee of the deceased within 10
working days of the receipt of the assigned funds, as required by OCGA § 43-18-46(15),(26). |
(s) |
Ensure that the establishment refrains
from involvement in burial societies, burial associations, burial certificate
plans, or burial membership plans, which are prohibited by OCGA § 43-18-46(19). |
(t) |
Ensure that all employees and agents of
the establishment refrain from soliciting as defined in OCGA § 43-18-1(21).
Soliciting is prohibited by OCGA § 43-18-46(20). |
(u) |
Ensure that all apprenticeship service
reports and affidavits of embalming and directing for apprentices of the
establishment are accurate and signed by the appropriate supervisor(s), in
accordance with OCGA §§ 43-18-46(21)&
43-18-52. |
(v) |
Ensure that
apprentices of the establishment work under the direct supervision of the
supervisor(s) on record with the Board, in accordance with OCGA § 43-18-50. It is mandatory that the
FDFCC ensure that any changes in the supervision of apprentices are reported on
the application provided by the Board and are approved by the Board prior to
the apprentices working under the new supervisor(s). |
(w) |
Ensure that the Board is notified upon
the termination of an apprentice employed by the establishment. |
(x) |
Ensure that the establishment complies
with all federal, state, and local regulations as listed in OCGA § 43-18-46(22). |
(y) |
Ensure that discrimination, as described
in OCGA § 43-18-46(24), is
not tolerated in the establishment. |
(z) |
Ensure that all personal properties
obtained from dead human remains are safeguarded and disposed of as directed by
the legally authorized person, in accordance with OCGA § 43-18-46(25).
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(aa) |
Ensure that all employees of
the establishment conduct themselves in a professional, moral, ethical manner,
and report any misconduct to the Board promptly with an explanation of any
disciplinary action taken, as required by OCGA § 43-18-46(14),(27). |
(bb) |
Ensure that the prohibition of
activities by a funeral director who is also a coroner or minister, found in
OCGA § 43-18-46(28), is
adhered to by employees of the establishment with such dual roles. |
(cc) |
Ensure that all embalmers and funeral
directors employed by the establishment comply with the provisions of OCGA
§ 43-18-55 and
43-18-56, regarding continuing
education. |
(dd) |
Ensure that the
FDFCC complies with the responsibilities detailed in OCGA § 43-18-71 by assuming full
responsibility for the supervision and operation of the funeral establishment,
acting as FDFCC only for the establishment for which the FDFCC was approved,
and spending a minimum of 40 hours per week in the employ and operation of the
establishment and being accessible and available to the community.
The FDFCC for each funeral establishment and/or crematory
establishment shall conspicuously display his/her name and current active
license in all designated arrangement offices. |
(ee) |
Ensure that the Board is notified within
5 days of the FDFCC's separation from the establishment, as required by OCGA
§ 43-18-71(b). |
(ff) |
Ensure that the Board is notified within
15 days prior to a change of ownership in the establishment, as required by
OCGA § 43-18-73(b). |
(gg) |
Ensure that the Board is notified within
5 days of the destruction of the establishment by fire, flood, or other natural
cause, in accordance with OCGA § 43-18-78. If the establishment
wishes to operate from a temporary location, the FDFCC must ensure that a
letter requesting a 90-day grace period is submitted to the Board. The FDFCC
will be responsible to update the Board within 90 days on the status of
rebuilding efforts and to request subsequent 90-day grace periods if necessary
to continue operating from the temporary site approved by the Board. |
(hh) |
Ensure that the establishment is made
available for inspection by representatives of the Professional Licensing
Boards Division, as required by OCGA § 43-18-75(a)&
Rule 250-6-.06. |
(ii) |
Ensure that violations found by
inspectors are corrected promptly and fines levied resulting from violations
are paid or appealed to the Board in writing within 30 days as stated on the
citation report. |
(jj) |
Ensure that
cremated remains are disposed of in accordance with the provisions of OCGA
§ 43-18-80. |
(kk) |
Notify the Board within 5 days of an
inspection by the manufacturer or authorized crematory repair company
indicating less than satisfactory results, and ensure that necessary repairs
are made immediately, not to exceed 30 days without approval by the Board.
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