316.010 Definitions for chapter. As used in this chapter, unless the context requires otherwise: (1) 'Apprentice' means a person engaged in learning the practice of embalming or funeral directing who is under the instruction and personal supervision of a Kentucky -licensed embalmer or a Ke ntucky -licensed funeral director; (2) 'Board' means the Kentucky Board of Embalmers and Funeral Directors; (3) 'Direct burial' means the pick -up, transport, and interment of a dead human body or body parts without a funeral; (4) 'Embalmer' means a person w ho preserves, restores, and disinfects dead human bodies by the application of chemical substances either externally or internally, or both; (5) 'Embalming service establishment' means a place of business where dead human bodies are embalmed or otherwise p repared or held for burial. An embalming service establishment shall not arrange or conduct a funeral or direct burial. An embalming service establishment may arrange for and transport dead human bodies only under the following circumstances: (a) On behalf of a full -service funeral establishment; (b) On behalf of a visitation and ceremonial funeral establishment; or (c) At the direction uman bodies only under the following circumstances: (a) On behalf of a full -service funeral establishment; (b) On behalf of a visitation and ceremonial funeral establishment; or (c) At the direction of a coroner; (6) 'Funeral' means the ceremonies or services related to the final disposition and interment of a human bod y or body parts; (7) 'Full -service funeral establishment' means a place of business where dead human bodies may be embalmed or otherwise prepared and held for burial and where funeral services may be arranged, provided, and conducted; (8) 'Funeral director ' means a person who, for profit, engages in or represents himself or herself as engaged in the supervision, direction, and arrangement of funeral services, transportation, burials, and disposals of dead human bodies; (9) 'Funeral establishment' or 'establ ishment' means: (a) A full -service funeral establishment; (b) An embalming service establishment; or (c) A visitation and ceremonial funeral service establishment; (10) 'Memorial service' means a ceremony or service held in honor of a deceased human being at which there are no human remains, as defined in KRS 367.97501(14) present, and for which no license ent; (10) 'Memorial service' means a ceremony or service held in honor of a deceased human being at which there are no human remains, as defined in KRS 367.97501(14) present, and for which no license is required; (11) 'Person,' as used in this chapter, includes but is not limited to an individual, partnership, firm, association, or corporation; (12) 'In use' means that funeral directing or embalming is taking place in a funeral establishment; (13) 'Courtesy card' means a card that is issued by the board to a funeral director or an embalmer from another state that gives the director or embalmer permission to receive and transport a dead human body to and from Kentucky for a funeral and to conduct funeral services and burials in Kentucky; (14) 'Supervision' means respon sibility for the professional activities of the funeral establishment that requires a Kentucky -licensed funeral director or a Kentucky - licensed embalmer, as appropriate, to be on the premises when the funeral establishment is in use. If the Kentucky -licens ed funeral director or the Kentucky - licensed embalmer is unable to be on the premises due to a reasonable circumstance, then the Kentucky -licensed funeral shment is in use. If the Kentucky -licens ed funeral director or the Kentucky - licensed embalmer is unable to be on the premises due to a reasonable circumstance, then the Kentucky -licensed funeral director or the Kentucky -licensed embalmer shall be within a reasonable proximity to the funeral esta blishment so that upon contact the funeral director or embalmer is able to immediately return to the funeral establishment; and (15) 'Visitation and ceremonial funeral service establishment' means a location from which a funeral establishment may provide a ll services except embalming within either the same or adjoining county as that served by an affiliated full -service funeral establishment. The visitation and ceremonial funeral service establishment shall be owned in whole or in part by the affiliated ful l-service funeral establishment, and shall be located sufficiently close to the full -service funeral establishment to share administration and services in a manner that renders it unnecessary for the visitation and ceremonial funeral service establishment to independently meet the minimum licensure requirements for a full -service funeral establishment. manner that renders it unnecessary for the visitation and ceremonial funeral service establishment to independently meet the minimum licensure requirements for a full -service funeral establishment. A full -service funeral establishment may own and operate more than one (1) visitation and ceremonial funeral service establishment. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 160, sec. 1, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 112, sec. 1, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 90, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 149, sec. 1, effectiv e July 15, 1996. -- Amended 1984 Ky. Acts ch. 82, sec. 1, effective July 13, 1984. -- Amended 1960 Ky. Acts ch. 52, sec. 1, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a -1. Legisl ative Research Commission Note (7/15/2016). During codification of 2016 Ky. Acts ch. 59, a conforming correction was required to be made to subsection (10) of this statute to reflect the renumbering of definition subsections in 2016 Ky. Acts ch. 59, sec. 1 2 (KRS 367.97501).
Kentucky Legal Code