To be licensed by the Board, a funeral service establishment
must meet the following minimum requirements:
(1)
Ownership. The establishment
shall be operated by a sole owner, a partnership, a limited liability
partnership, a limited partnership, a limited liability company, corporation,
or a subsidiary of a corporation or other business entity authorized to do
business in the State of Mississippi.
A Mississippi-licensed funeral establishment must be in good
standing and authorized to do business as a funeral establishment in the State
of Mississippi by all applicable authorities.
(2)
Fixed place. The
establishment shall have a fixed place of business with a specific street
address or physical location and shall conform to local zoning ordinances as
evidenced by an occupancy permit issued by the proper local governmental entity
authorizing the occupancy of a funeral service establishment at that location.
Fixed place means that the establishment is affixed to the real property by
roots, embedded in it, permanently resting upon it, or physically attached or
fastened to the real property, as by means of cement, plaster, nails, bolts, or
screws.
The establishment shall display a sign indicating its true
name as registered with the Board. Such sign shall be conspicuously located at
or near the main entrance and shall be visible from the exterior of the
building. In the event that a funeral establishment closes or moves from the
location, the logo or business signs must be removed.
A funeral establishment shall have, listed and in working
order, at its registered address a business telephone, the number of which
shall be indicated as the business telephone number. Any other telephone number
also listed for the funeral firm shall be specifically designated as "residence
telephone number," "number to call if no answer," or otherwise
identified.
A funeral establishment that maintains a chapel, preparation
room, or other facility in a building or portion physically separated from
and/or located at a place designated by an address differing from the office,
chapel, or other facilities of the applicant, the chapel, preparation room, or
other funeral facility otherwise located shall be deemed to be a separate
funeral establishment. However, separate buildings or portions thereof
connected by a private passageway, walk or driveway shall constitute a single
funeral establishment.
(3)
Application. The establishment must submit an application for an
original license, or if appropriate, an application for a renewal license on
forms provided by the Board. If a corporation or subsidiary thereof,
partnership, limited liability partnership, limited partnership, or limited
liability company, the application must, in addition to other requirements, be
accompanied by a copy of the certificate of incorporation, articles of
organization, or certificate or agreement of formation, and any other document
filed with the Mississippi Secretary of State, which allows the entity to do
business in Mississippi.
(4)
Fee. The required fee must also be submitted with the application
for licensure
(5)
Inspection. The establishment shall be inspected by a
representative of the Board as follows:
(a)
prior to being initially licensed;
(b) when there is a change in
ownership;
(c) any time when the
inspection is part of the investigation of a complaint; and
(d) random, unannounced, or periodically as
determined or required by the Board.
Failure to cooperate with a Board inspection shall
constitute grounds for discipline as provided by Section
73-11-57
of the Mississippi Code of 1972, as amended.
(6)
Existing Establishments. Any
establishment which has been issued an establishment license under a rule of
the Board having different requirements for the physical structure of the
establishment than in this Rule will be permitted to continue to be licensed
under the rules pursuant to which the establishment was initially licensed
until such time as a change of ownership, purchase, lease, or change of address
of such establishment is made. In the event of such a change, the establishment
must meet the current requirements of these rules.
(7)
Multiple Establishments at Same or
Single Location
(a) The Board may
issue more than one establishment license for a single location provided that
each establishment is owned by the same individual, partnership, limited
liability partnership, corporation, limited liability company or other business
entity. If the Board issues more than one establishment license for a single
location, the licensees shall ensure that the public will not be confused or
deceived as to the establishment with which the public is
interacting.
(b) All new funeral
establishments shall be inspected and shall receive a satisfactory inspection,
as determined by the Board, prior to the issuance an establishment license and
shall comply with the criteria set forth in Rule 4.2. Purposes of funeral
establishment inspection sheets, each of the establishments shall be considered
as if they constituted a single establishment.
(c) No more than three (3) funeral
establishments shall operate in one facility unless, upon application, the
Board in its discretion finds that permitting an additional establishment will
be in the best interest of consumers.
(8)
Mobile Homes. Mobile home,
modular units, manufactured homes and similar mobile units are prohibited for
use as a funeral establishment or branch thereof, except in the case of an
emergency as prescribed by the Board. Such homes or units may be granted a
replacement license on a case by case basis as determined by the
Board.
(9)
Display of
License. The license of each funeral establishment shall be current and
prominently displayed at all times in a conspicuous location in such a manner
that the license may be seen by the general public.
The license of the licensee-in-charge and all funeral
service licensees, funeral directors and apprentices employed by or working at
the funeral establishment must be current and prominently displayed at all
times in a conspicuous location in such a manner that the license may be seen
by the general public.
