NH_mortlaws

MortSci 2012

Disclaimer: While every effort was made to ensure the accuracy and completeness of the Funeral Laws and regulations available on the State’s website, the documents are not official, and the state agencies preparing this website and the Compiler are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the States Laws are considered valid

New Hampshire Funeral Law

TABLE OF CONTENTS

http://www.gencourt.state.nh.us/rules/state_agencies/frl.html[6/18/2011 9:52:33 PM]

TABLE OF CONTENTS

CHAPTER Frl 100 PURPOSE, DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION PART Frl 101 PURPOSE AND SCOPE Section Frl 101.01 Purpose and Scope PART Frl 102 DEFINITIONS Section Frl 102.01 Terms Used PART Frl 103 AGENCY ORGANIZATION Section Frl 103.01 Description Section Frl 103.02 Composition of the Board Section Frl 103.03 Staff Section Frl 103.04 Office Hours, Office Location, Mailing Address and Telephone Section Frl 103.05 Meetings PART Frl 104 PUBLIC INFORMATION Section Frl 104.01 Record of Board Action Section Frl 104.02 Custodian of Records Section Frl 104.03 Copies of Records PART Frl 105 APPOINTMENT OF COMMITTEES Section Frl 105.01 Committees CHAPTER Frl 200 PRACTICE AND PROCEDURE PART Frl 201 PURPOSE, SCOPE AND DEFINITIONS Section Frl 201.01 Purpose and Scope Section Frl 201.02 Definitions Section Frl 201.03 Failure to Comply with Procedural Rules or Orders Section Frl 201.04 Waiver or Suspension of Procedural Rules or Orders PART Frl 202 APPEARANCES BEFORE THE AGENCY Section Frl 202.01 Representatives PART Frl 203 TIME PERIODS Section Frl 203.01 Computation of Time Section Frl 203.02 Change in Allowed Times Section Frl 203.03 Limitations PART Frl 204 FILING AND SERVICE OF DOCUMENTS Section Frl 204.01 Filing Documents with the Board Section Frl 204.02 Subscription and Veracity of Documents Section Frl 204.03 Service of Documents PART Frl 205 PLEADINGS, COMPLAINTS AND MOTIONS Section Frl 205.01 Pleadings Section Frl 205.02 Complaints of Licensee Misconduct Section Frl 205.03 Motions and Objections Thereto PART Frl 206 ADJUDICATIVE PROCEEDINGS Section Frl 206.01 Applicability Section Frl 206.02 Commencement of Proceedings Section Frl 206.03 Docketing, Service of Notice, Public Notice Section Frl 206.04 Intervention Section Frl 206.05 Right to Counsel Section Frl 206.06 Prehearing and Other Informal Conferences Section Frl 206.07 Discovery and Disclosure Section Frl 206.08 Subpoenas

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Section Frl 206.09 Evidence Section Frl 206.10 Burden of Proof Section Frl 206.11 Methods of Proceeding Section Frl 206.12 Inquiry by Presiding Officer or Board Members Section Frl 206.13 Proposed Findings of Fact and Conclusions of Law Section Frl 206.14 Ex Parte Communications Section Frl 206.15 Disciplinary Hearings PART Frl 207 PRESIDING OFFICER Section Frl 207.01 Designation Section Frl 207.02 Authority of Presiding Officer Section Frl 207.03 Exceptions to Interlocutory Rulings by the Presiding Officer Section Frl 207.04 Proposed Decisions by Presiding Officer PART Frl 208 RECONSIDERATION AND STAY Section Frl 208.01 Motion for Reconsideration or Rehearing Section Frl 208.02 Reconsideration on the Board's Own Motion Section Frl 208.03 Stay of Board Orders PART Frl 209 CONSOLIDATION AND SEVERANCE Section Frl 209.01 Consolidation Section Frl 209.02 Severance PART Frl 210 NONADJUDICATIVE INVESTIGATIONS AND HEARINGS Section Frl 210.01 Informal Investigations Section Frl 210.02 Formal Investigations Section Frl 210.03 Investigators Section Frl 210.04 Misconduct Investigations Section Frl 210.05 Informational Hearings PART Frl 211 RULEMAKING Section Frl 211.01 How Adopted Section Frl 211.02 Petition for Rulemaking Section Frl 211.03 Disposition of Petition PART Frl 212 WAIVER OF SUBSTANTIVE RULES Section Frl 212.01 Petitions for Waiver PART Frl 213 DECLARATORY RULINGS Section Frl 213.01 Petitions for Declaratory Rulings Section Frl 213.02 Action on Petitions for Declaratory Rulings CHAPTER Frl 300 REGISTRATION AND LICENSURE PART Frl 301 APPRENTICE EMBALMER Section Frl 301.01 Application for Embalmer’s Apprentice License Section Frl 301.02 Qualifications Section Frl 301.03 Requirements Section Frl 301.04 Additional Requirements Section Frl 301.05 Effective Section Frl 301.06 Extensions Section Frl 301.07 Changing Sponsors Section Frl 301.08 Unannounced Appearance Section Frl 301.09 Examination PART Frl 302 EMBALMER Section Frl 302.01 Application for Embalmer License Section Frl 302.02 Qualifications Section Frl 302.03 Requirements

TABLE OF CONTENTS


Section Frl 302.04 Practical/Oral Examination PART Frl 303 FUNERAL DIRECTOR Section Frl 303.01 Application for Funeral Director Section Frl 303.02 Qualifications Section Frl 303.03 Written Examination PART Frl 304 UNLICENSED PERSONNEL Section Frl 304.01 Registration Procedure Section Frl 304.02 Limitation of Unlicensed Personnel Section Frl 304.03 Violations PART Frl 306 - EXPIRED PART Frl 307 FEE SCHEDULE Section Frl 307.01 Fees PART Frl 308 – EYE PROCUREMENT Section Frl 308.01 Eye Procurement CHAPTER Frl 400 CONTINUED STATUS PART Frl 401 RESERVED PART Frl 402 RESERVED PART Frl 403 CONTINUING EDUCATION REQUIREMENTS Section Frl 403.01 Purpose Section Frl 403.02 Definitions Section Frl 403.03 Renewal Requirements Section Frl 403.04 Home Study/Internet Continuing Education Section Frl 403.05 Postgraduate Funeral Science Curricula Section Frl 403.06 Waivers Section Frl 403.07 Reinstatement Section Frl 403.08 Penalty Section Frl 403.09 Continuing Funeral Service Education Requirements Section Frl 403.10 Requirement for Funeral Service Course or Program Approval Section Frl 403.11 Continuing Funeral Service Education Appeal Process PART Frl 404 RESERVED CHAPTER Frl 500 - RESERVED CHAPTER Frl 600 - RESERVED CHAPTER Frl 700 PREPARATION ROOM PART Frl 701 REQUIREMENTS AND EQUIPMENT Section Frl 701.01 Preparation Room Requirements and Equipment Section Frl 701.02 Sanitation and Universal Precautions CHAPTER Frl 800 - RESERVED CHAPTER Frl 900 RESOMATION FACILITY REGULATIONS - EXPIRED PART Frl 901 RESOMATION FACILITY REGULATIONS Section Frl 901.01 Purpose Section Frl 901.02 Definitions

Section Frl 901.03 Initial Approval to Construct a Resomation Facility Application Requirements Section Frl 901.04 Approval or Denial to Construct a Resomation Facility

Section Frl 901.05 Conditional Approval to Operate a Resomation Facility Application Requirements Section Frl 901.06 Approval or Denial to Operate a Resomation Facility Section Frl 901.07 Inspections Section Frl 901.08 Resomation Facility License Section Frl 901.09 License Expiration

TABLE OF CONTENTS


Section Frl 901.10 License Reinstatement or Relicensure Section Frl 901.11 License Denial or Refuse to Renew; Grounds Section Frl 901.12 Change in Location, Ownership, or Name Section Frl 901.13 Inspections; Board; Duties; Authority for Appointments Section Frl 901.14 Complaints and Investigations Section Frl 901.15 Administrative Remedies Section Frl 901.16 Enforcement Action Section Frl 901.17 Imminent Danger Board Authority Section Frl 901.18 Disciplinary Actions Section Frl 901.19 Appeal Section Frl 901.20 Acts Prohibited; Penalty Section Frl 901.21 Injunctions Section Frl 901.22 Requirements of Resomation Facilities Section Frl 901.23 Duties of Resomation Facilities Section Frl 901.24 Reception of the Human Remains Section Frl 901.25 Resomation of Human Remains Section Frl 901.26 Disposition of Resomated Remains Section Frl 901.27 Disputes Section Frl 901.28 Resomation Facility Authority

Frl 100-900

http://www.gencourt.state.nh.us/rules/state_agencies/frl100-900.html[6/18/2011 9:53:28 PM]

State Board of Registration of Funeral Directors and EmbalmersHealth & Welfare Building

Hazen DriveTel. #(603) 271-4648

CHAPTER Frl 100 PURPOSE, DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION PART Frl 101 PURPOSE AND SCOPE Frl 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board ofregistration of funeral directors and embalmers created by RSA 325.

Source. #1689, eff 12-22-80; rpld by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ssby #4357, eff 1-20-88, EXPIRED: 1-20-94

New. #6927, eff 1-1-99

PART Frl 102 DEFINITIONS Frl 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated: (a) "Active in practice" means performing the function of embalming and/or funeral directing in handling human remains. (b) “Applicant” means a person who has an application for a license pending before the board. (c) “Approved” means the review and acceptance of a specific activity, agency, institution, organization or program of study bythe board, or by a legally authorized board or agency involved in embalming and/or funeral service education or embalming and/orfuneral service practice in another jurisdiction. (d) "Board" means the New Hampshire board of registration of funeral directors and embalmers created by RSA 325:2. (e) “Disciplinary proceeding” means an adjudicative hearing commenced by the board for the purpose of examining possiblemisconduct by a licensee, or the qualifications of an applicant for a license. (f) “Endorsement” means the issuance of a license which meets New Hampshire licensing requirements based on theapplicant’s possession of a current license in another jurisdiction. (g) “Executive director” means a person designated by the commissioner of the department of health and human services toperform administrative functions for the board. (h) “Final transcript” means a record including name of the institution, the student’s name, the official signature and seal, thecourses studied, the date of successful program completion, the certificate, and the degree or diploma awarded. (i) “Intervenor” means a person who has filed a motion to intervene because of a substantial interest in the proceedingspursuant to Frl 206.04. (j) “Investigate” means to make inquiry into facts or misconduct allegations, issues or results. (k) “Lapsed license” means a license which was not renewed before the expiration date. (l) “License” means the legal authority required by RSA 325 to practice as an apprentice embalmer, embalmer and funeraldirector. (m) “Licensee” means a person who has been issued a current license pursuant to RSA 325. (n) "Principal occupation" means an occupation which a person engages in as a primary means of employment. (o) “Rulemaking” means the statutory procedures for the formulation of a rule as set forth in RSA 541-A:3. (p) “Solicitation” means direct contact in person, by individualized mail, individualized electronic or telephone message forpurposes of offering to perform services including but not limited to at-need and pre-need funeral arrangements. (q) “Stay of suspension” means the arresting of a suspension order to allow the licensee to practice embalming and/or funeraldirecting related activities under specific conditions. (r) “Suspension” means the withholding of the authority to practice embalming and/or funeral directing related activities for aspecified period of time following disciplinary action.

http://www.gencourt.state.nh.us/rules/filing_history/sourcefrl.html

Frl 100-900


(s) “Verification” means the confirmation of a license by the body legally authorized to grant such authority. (t) "Unlicensed personnel" means individuals other than licensed funeral directors, embalmers or apprentices who are employedby licensees of the board for the removal and transportation of human remains.

Source. #1689, eff 12-22-80; rpld by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ssby #4357, eff 1-20-88, EXPIRED: 1-20-94

New. #6927, eff 1-1-99

PART Frl 103 AGENCY ORGANIZATION Frl 103.01 Description. The New Hampshire board of registration of funeral directors and embalmers created by RSA 325shall be responsible for: (a) Basic embalming and funeral directing education leading to embalmer and funeral director licensure and continuedcompetence involving active in practice and continuing education; (b) Educational programs pertinent to continued competence, embalmers, funeral directors and the funeral service profession. (c) Funeral service practice standards; (d) Licensing of apprentice embalmers, embalmers, funeral directors, funeral homes and chapels; (e) Education, practice, licensing and discipline of apprentice embalmers, embalmers and funeral directors regulated under RSA325; and (f) Investigation, adjudication and discipline relative to complaints of misconduct or improper actions by those personsregulated under RSA 325.

Source. #6927, eff 1-1-99 Frl 103.02 Composition of the Board. The board consists of 5 members who meet the eligibility requirements of RSA 325:2.

Source. #6927, eff 1-1-99 Frl 103.03 Staff. The board and the commissioner of the department of health and human services shall designate an executivedirector and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and tooversee the board's daily operations. The executive director shall be responsible for maintaining all records of the board’s activitiesand for receiving correspondence, filings and other communications and documents.

Source. #6927, eff 1-1-99 Frl 103.04 Office Hours, Office Location, Mailing Address and Telephone. (a) The board's office shall be located in the Health & Welfare Building, 6 Hazen Drive, Concord, New Hampshire 03301, andshall be open to the public by appointment. (b) Correspondence, filings and other communications intended for the board shall be addressed to the board's executivedirector. (c) The board's telephone number is (603) 271-4648.

Source. #6927, eff 1-1-99 Frl 103.05 Meetings. The board shall meet monthly or at such other times as may be called for by the chairman or by vote ofthe board.

Source. #6927, eff 1-1-99 PART Frl 104 PUBLIC INFORMATION Frl 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. These minutes shall record the members who participate in each vote and shall separately record the position of members who chooseto dissent, abstain or concur. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall bepublic records and shall be available for inspection during the board's ordinary office hours within 144 hours from the close of themeeting or vote in question unless the 72 hour availability requirement of RSA 91-A:3, III is applicable.

Source. #6927, eff 1-1-99







Frl 100-900


Frl 104.02 Custodian of Records. The executive director shall be the custodian of the board's records and shall respond torequests to examine those records which are subject to public inspection or which may otherwise be properly examined by the personrequesting access.

Source. #6927, eff 1-1-99 Frl 104.03 Copies of Records. Persons desiring copies of board records shall submit a request in writing which identifies asparticularly as possible the information being sought and agrees to pay the cost of copying, $.10 per page. If records are requestedwhich contain both public and confidential information, the board shall delete the confidential information and provide the remaininginformation.

Source. #6927, eff 1-1-99 PART Frl 105 APPOINTMENT OF COMMITTEES Frl 105.01 Committees. (a) The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more ofboard members when such delegations are necessary to achieve separation of functions objectives or to perform the board’s work moreefficiently. (b) Committees shall have authority to undertake investigations and make recommendations to the board, but shall not takefinal action on behalf of the board. (c) Committees shall not have authority to retain paid advisors or consultants or to use the voluntary services of nonboardmembers unless expressly authorized to do so by the board.

Source. #6927, eff 1-1-99 CHAPTER Frl 200 PRACTICE AND PROCEDURE PART Frl 201 PURPOSE, SCOPE AND DEFINITIONS Frl 201.01 Purpose and Scope. The board shall conduct various proceedings for the purpose of acquiring sufficient informationto make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure andcomplaints filed against licensees. These rules shall be construed to secure the just, efficient and accurate resolution of all boardproceedings.

Source. #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by#4357, eff 1-20-88, EXPIRED: 1-20-94

New. #6928, eff 1-1-99, EXPIRED: 1-1-07

New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11

Frl 201.02 Definitions. Except where the context makes another meaning manifest, the following words have the meaningsindicated when used in this chapter: (a) "Adjudicative proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by theboard, but does not include nonadjudicative investigations or rulemaking. (b) "Complaint" means a written allegation of professional misconduct against a licensee of the board. (c) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings,photographs, audio or video recordings, computer programs, or computer printouts. (d) "File" means to place a document in the actual possession of the board. (e) "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods which are appropriateto the nature and scope of the issues being decided by the board. (f) “Hearing counsel” means an individual appointed by the Board under Frl 206.15 or Frl 210.03 to prosecute or investigatemisconduct allegations. (g) "Investigation" means a formal or informal search by the board for data concerning matters within its jurisdiction, the resultof which is other than a final determination of a person's rights, duties or privileges. (h) "Motion" means any request by a party to an existing proceeding for an order or relief relating to that proceeding.





Frl 100-900


(i) "Order" means a document issued by the board:

(1) Establishing procedures to be followed in an adjudicative or nonadjudicative proceeding;

(2) Granting or denying a petition or motion;

(3) Requiring a person to do, or to abstain from doing, something; or

(4) Determining a person's rights to a license or other privilege established by RSA 325 or the rules of this chapter. (j) "Petition" means an initial request to the board seeking action or relief, but does not include a license application, acomplaint against a licensee, or a motion. (k) "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside oversome or all aspects of an adjudicative or other proceeding. (l) “Proposed decision” means an initial or recommended decision made by a presiding officer pursuant to Frl 207.04 which issubject to review by the entire board. (m) "Rulemaking" means the procedures for formulating agency rules set forth in RSA 541-A:3.


New. #6928, eff 1-1-99, EXPIRED: 1-1-07


Frl 201.03 Failure to Comply with Procedural Rules or Orders. (a) Failure to comply with the rules of this chapter shall result in:

(1) Refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition ormotion; or

(2) Accepting or admitting, or denying or not admitting, a noncompliant application, petition, motion, or exhibit on thecondition that conformity with specific procedural requirements be achieved by a specified date.

(b) When a noncompliant pleading or other tendered information is not accepted or admitted by the board, or when conditionsfor the acceptance or admission of noncompliant information are not met, the board shall make a decision on the pending matterwithout considering the noncompliant information, unless the board notifies the parties that it has waived the rule in accordance withFrl 201.04.


New. #6928, eff 1-1-99, EXPIRED: 1-1-07


Frl 201.04 Waiver or Suspension of Procedural Rules Or Orders. The board, upon its own initiative or upon the motion of anyinterested person, shall suspend or waive any procedural requirement or limitation of the board’s administrative rules in the benefit ofa licensee or applicant upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, andwould be more likely to promotethe fair, accurate and efficient resolution of issues properly pending before the board than would adherence to a particular proceduralrule or requirement. A motion for waiver or suspension of a procedural rule or order shall set forth the grounds for granting therequested relief.


New. #6928, eff 1-1-99, EXPIRED: 1-1-07


PART Frl 202 APPEARANCES BEFORE THE AGENCY Frl 202.01 Representatives.




Frl 100-900


(a) Persons appearing before the board shall represent themselves or be represented by a competent individual who:

(1) Is an attorney holding a current and active New Hampshire license and has filed a written appearance with the boardcontaining his or her business address and telephone number; or

(2) Is not a New Hampshire licensed attorney, but has filed an appearance to appear as a representative.

(b) Motions for leave to appear before the board shall:

(1) Briefly describe the proposed representative's experience in adjudicative hearings;

(2) Provide the proposed representative's daytime address and telephone number; and

(3) Be signed by both the proposed representative and the party who would be represented. (c) Corporations, partnerships and other legal entities which are not natural persons shall be represented by:

(1) An attorney licensed in New Hampshire; or

(2) An officer, director, or managing partner with express and unqualified written authority to act on behalf of the entityconcerning the matter in question.

(d) Nothing in this section shall be construed to permit the unauthorized practice of law, as it is defined in New Hampshirestatutory and common law. (e) The board shall, after notice and opportunity for hearing, prohibit an individual from acting as a representative upon afinding that the individual has misled, deceived or caused false information to be provided to the board. (f) Any prohibition issued under (e), above, shall apply to the board's proceedings, either pending or in the future, or anycombination thereof, as warranted by the circumstances of the case. Upon the issuance of a prohibition or restriction, any such partyclaiming to be prejudiced by such ruling shall be entitled to suspension of the proceedings, in order to obtain alternativerepresentation.


New. #6928, eff 1-1-99, EXPIRED: 1-1-07


PART Frl 203 TIME PERIODS Frl 203.01 Computation of Time. Any time period specified in this chapter shall begin with the day following the act, event,or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the periodshall run until the end of the next day which is not a Saturday, Sunday, or state legal holiday. When the period prescribed or allowedis less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

Source. #6928, eff 1-1-99, EXPIRED: 1-1-07

New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 203.02 Change in Allowed Times. Except where a time period is fixed by statute, the board shall, upon motion or upon itsown initiative, enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oralhearing, prehearing conference, or other activity. A motion for a change of time shall be granted if the board finds that such a changewould prejudice any other party to the proceeding.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 203.03 Limitations. A motion to change time shall not be filed within 3 business days of the event in question.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 204 FILING AND SERVICE OF DOCUMENTS





Frl 100-900


Frl 204.01 Filing Documents with the Board. (a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to therequirements of this chapter. (b) A document tendered for filing which is patently and facially in violation of the board's rules shall not be accepted forfiling. Such submissions shall be returned to the sender without prejudice to subsequent acceptance if the deficiencies are correctedand the document is refiled within any applicable time period. (c) All correspondence, filings or communications intended for the board shall be addressed to the board's office in care of itsadministrative assistant. (d) All petitions, motions, exhibits, memoranda or other documents filed in connection with a request for board action shall befiled with an original and 5 copies unless the board directs that a lesser number of copies be furnished. (e) Notwithstanding (d) above only a single copy shall be filed of:

(1) Transmittal letters, requests for public information, or other routine correspondence not directed at formal boardaction;

(2) License applications; and

(3) Complaints against licensees.

(f) Failure to furnish the required number of copies shall result in a tendered document being returned as unacceptable forfiling.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 204.02 Subscription and Veracity of Documents. (a) All complaints, petitions, motions, and replies filed with the board shall be signed and dated by the proponent of thedocument or, if the party appears by a representative, by the representative. (b) The signature on a document filed with the board shall constitute a certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer's knowledge, information, and belief, there are good grounds to support it; and

(4) The document has not been filed for purposes of delay or harassment. (c) A willful violation of the representations contained in (b), above, shall, to the extent consistent with justice and the statutesadministered by the board, be grounds for commencement of disciplinary proceedings against a licensee or denial of the application ofan applicant.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 204.03 Service of Documents. (a) Complaints against licensees shall be filed with the board without service upon the licensee against whom the allegationsare made. (b) Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board. (c) All objections, motions, replies, memoranda, exhibits, or other documents filed in connection with a request for boardaction shall be served by the proponent upon all interested parties by:

(1) Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the last addressgiven to the board by the party being served, no later than the day the document is filed with the board;

(2) Delivering a copy of the document in hand on or before the date it is filed with the board; or



Frl 100-900


(3) Such other means as the board shall order to provide, most effectively, notice to affected petitioners, persons or groupsof persons.

(d) Notices, orders, decisions or other documents issued by the board in connection with requests for board action shall beserved by the board upon all interested parties by either:

(1) Depositing a copy of the document, first class postage prepaid, in the United States mail, addressed to the last addressgiven to the board by the party being served; or

(2) Delivering a copy of the document in hand to the party.

(e) When a party has appeared by a representative, service shall be upon the representative. Provided, however, that the boardshall order additional service upon a finding that such service would facilitate the fair and efficient conduct of the proceeding. (f) Except for exhibits distributed at a prehearing conference or hearing, every document filed with the board, and required tobe served upon the parties to an adjudicative proceeding, shall be accompanied by a certificate of service, signed by the person makingservice, attesting to the method and date of service, and the persons served.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 205 PLEADINGS, COMPLAINTS AND MOTIONS Frl 205.01 Pleadings. (a) The only pleadings permitted shall be petitions and replies to petitions. Complaints against licensees are a particular type ofpetition and shall be subject to the additional requirements of Frl 205.02. Applications for licenses shall not be considered pleadings. (b) Petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts which warrant the relief requested from the board;

(4) The description of the action which the petitioner wishes the board to take;

(5) A citation to any statutes, rules, orders, or other authority which entitles the petition to the relief requested; and

(6) The signature and date required by Frl 204.02(a). (c) Replies to petitions contain:

(1) The name and address of the respondent;

(2) The name and address of the representative of the respondent, if any;

(3) A statement admitting or denying each fact alleged in the petition pursuant to Frl 205.01(b)(3);

(4) A statement admitting or denying the authority identified by the petitioner pursuant to Frl 205.01 (b)(5);

(5) A concise statement of any additional or different facts which warrant the board acting in the manner requested by therespondent;

(6) A citation to any statutes, rules, orders or other authority, not identified in the petition, having a bearing upon thesubject matter of the petition;

(7) A description of the action which the respondent wishes the board to take; and

(8) The signature and date required by Frl 204.02(a).

(d) Replies shall be filed within 10 days from the date of the petition unless otherwise ordered by the board. (e) Any fact contained in the petition which is not denied in the reply, shall be deemed admitted by the respondent. A statementthat the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial. The petitioner shall be presumed to denyall allegations in the reply, and no response shall be permitted to the reply.


Frl 100-900



New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 205.02 Complaints of Licensee Misconduct. (a) Complaints alleging misconduct by licensees in violation of RSA 325:12, II or Frl 500 shall be in writing and filed at theboard's offices in Concord, New Hampshire. (b) A complaint shall contain the following information:

(1) The name and address of the complainant;

(2) The name and business address of the licensee against whom the complaint is directed;

(3) The specific facts and circumstances which are believed to constitute professional misconduct; and

(4) The signature and date required by Frl 204:02(a). (c) A complaint shall be treated as an ex parte request for the initiation of disciplinary proceedings by the board and shall be aconfidential document subject to public disclosure only as provided by Frl 210.04(f). (d) A complaint shall be dismissed upon a determination that it:

(1) Fails to state a cause of action;

(2) Alleges a time-barred cause of action; or

(3) The complainant has unreasonably failed to respond to a request for further information or has otherwise failed tocooperate with a board investigation or hearing.

(e) The dismissal or withdrawal of a complaint shall not preclude the board from independently pursuing some or all of theallegations of misconduct alleged by the complainant. (f) At any stage of the board's evaluation of the allegations in a complaint, the board shall, with the consent of the licensee,issue a final settlement decree or consent order which imposes discipline upon the licensee and terminates further disciplinary action inwhole or in part. (g) Action under (f) above, shall not be taken unless:

(1) The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement orconsent decree;

(2) There are no material facts in dispute between the licensee and the complainant; or,

(3) The complainant's view of the facts, if true, would not, in the discretion of the board, result in the imposition of agreater disciplinary sanction against the licensee than that imposed by the proposed settlement or consent decree.

(h) At any time during the board's evaluation of the allegations in a complaint, the board shall elect to defer further disciplinaryaction while the licensee and the complainant participate in confidential mediation on a timely and good faith basis with a qualifiedmediator who is not affiliated with the board. (i) When mediation is conducted under (h), above, the mediator shall attempt informal resolution of the dispute between thecomplainant and the licensee, and, within 60 days from the issuance of a mediation order, shall submit a written report to the boardwhich contains either:

(1) A written settlement agreed to by the parties; or

(2) A report of the circumstances which appear to prevent settlement of the issues between the parties. (j) Upon receiving the mediator's report, the board shall discontinue its investigation if agreement has been reached or proceedwith disciplinary proceedings if no agreement has been reached. (k) Information concerning the substantive misconduct issues alleged by the complainant which either party discloses to themediator during good faith mediation shall be accorded the same privilege available to settlement negotiations under N.H. Rule ofEvidence 408. (l) Unless previously dismissed or settled, a complaint shall be granted, denied, or deferred, in whole or in part, by the boardbased upon the board's confidential evaluation of the information available to it and the value of potential disciplinary sanctions.


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(m) A complaint which raises substantial issues of professional misconduct which might warrant disciplinary sanctions shall begranted by incorporating those issues into a notice of hearing which commences a disciplinary hearing pursuant to Frl 501.04. Inwhich case, disciplinary action against the licensee shall be taken or not taken based upon the board's evaluation of the evidence ofprofessional misconduct submitted during the hearing. (n) A complainant shall only be a witness in a hearing instituted by the board, unless the board grants the motion to intervene.When some or all of the allegations in a complaint are the subject of a disciplinary hearing, the notice of hearing shall inform thecomplainant that he or she may intervene in the proceeding subject to appropriate conditions or shall include findings demonstratingthat the complainant has forfeited this right by failing to cooperate with previous board orders or investigatory requests.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 205.03 Motions and Objections Thereto. (a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon shortnotice. (b) Motions shall state clearly and concisely:

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion;

(4) The facts claimed to constitute grounds for the relief requested by the motion; and

(5) The signature and date required by Frl 204.01(a). (c) Objections to motions shall clearly and concisely:

(1) The defense of the party filing the objection;

(2) The action which the party filing the objection wishes the board to take on the motion;

(3) The statutes, rules, orders, or other authority relief upon in defense of the motion;

(4) Any facts which are additional to or different from the facts stated in the motion; and

(5) The signature and date required by Frl 204.01(a). (d) An objection shall specifically admit or deny each fact contained in the motion. Failure to deny a fact shall constitute theadmission of that fact for the purposes of the motion. In the event a party filing an objection lacks sufficient information to eitheradmit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact. (e) Motions shall be decided upon the writings submitted if such writings provide a complete basis for decision. If the writingsare incomplete, the board shall order additional writings and/or oral argument. Repetitious motions shall not be submitted. (f) Objections to motions shall be filed within 5 days after the filing of the motion unless good cause for late filing has beendemonstrated. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion. Good causeincludes accident, mistake, misfortune or any other circumstances beyond the control of the objecting party.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 206 ADJUDICATIVE PROCEEDINGS Frl 206.01 Applicability. This part shall govern all proceedings conducted by the board except rulemaking and nonadjudicativeinvestigations.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.02 Commencement of Proceedings.




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(a) The board shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the firstscheduled hearing date or first prehearing conference. (b) The notice commencing an adjudicative proceeding shall:

(1) Identify the parties to the proceeding as of the date of the order and specify a deadline for the submission of petitionsto intervene;

(2) Briefly summarize the subject matter of the proceeding, and identify the issues to be resolved;

(3) Specify the legislative authority for the proposed action, and identify any applicable board rules;

(4) Specify the date by which, and the address where, appearances or motions by representatives shall be filed;

(5) Specify the date, time, and location of an initial prehearing conference or dates for an oral hearing;

(6) Identify the presiding officer for the proceeding, if other than the chairman of the board;

(7) Identify any special procedures to be followed;

(8) Identify any confidentiality requirements applicable to the proceeding; and

(9) Contain such other information or attachments as are warranted by the circumstances of the case, including, but notlimited to, orders consolidating or severing issues in the proceeding with other proceedings, and orders directing theproduction or exchange of documents.



Frl 206.03 Docketing, Service of Notice, Public Notice. (a) The board shall assign each adjudicative proceeding a docket number, and serve the hearing notice upon all parties to theproceeding and the board's legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon therespondent, and the complainant, if any, by means of certified mail. (b) Service of all subsequent orders, decisions and notices issued by the board, including any amendments to the hearing notice,shall be served upon the parties, including any intervenors, by regular mail. (c) Orders, notices, and decisions of the board, and motions, memoranda, exhibits, and other documents and data submitted tothe board in a docketed case shall be kept in a docket file and made available for public inspection in the board's office except to theextent that confidentiality has been otherwise provided for by law.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.04 Intervention. (a) Petitions for intervention shall state with particularity:

(1) The petitioner's interest in the subject matter of the hearing;

(2) The petitioner's position with respect to the subject matter of the hearing;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene. (b) Petitions for intervention shall be granted if the petitioner has complied with the conditions set forth in RSA 541-A:32, I orII. (c) Petitions for intervention shall be granted subject to conditions or limitations which address the intervenor’s interest andpromote orderly and prompt conduct of the proceedings. (d) Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of theproceeding shall be repeated because of the fact of intervention.



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New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.05 Right to Counsel. Any party or intervenor in an adjudicative proceeding may be represented by counsel, but anattorney appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practical. Requests for appointment of counsel shall not be entertained.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.06 Prehearing and Other Informal Conferences. (a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or upon his orher own initiative, shall direct the parties to attend one or more prehearing conference when such a conference would aid in thedisposition of the proceeding. (b) Parties and intervenors shall be prepared to address at prehearing conference:

(1) The distribution of exhibits and written testimony, if any, to the parties;

(2) Opportunities and procedures for simplification of the issues;

(3) Possible amendments to the pleadings;

(4) Opportunities and procedures for settlement;

(5) Possible admissions of fact and authentication of documents to avoid unnecessary proof;

(6) Possible limitations on the number of witnesses and their scheduling;

(7) Possible changes to the standard procedures which would otherwise govern the proceeding;

(8) Other matters which might contribute to the orderly, prompt and fair resolution of the proceeding. (c) The board shall cause prehearing conferences to be recorded unless all parties wish to discuss possible settlement off therecord. Matters decided at a prehearing conference shall be reflected in an appropriate order.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.07 Discovery and Disclosure. (a) The board shall disclose any investigative report or other unprivileged information in the possession of the board, which isreasonably related to the subject matter of the proceeding. (b) Parties shall attempt to agree among themselves concerning the mutual exchange of relevant information. If these effortsprove unsuccessful, a party wishing to initiate discovery against another party, shall, by motion, seek leave to do so and shall identifythe exact type of discovery requested. (c) Discovery shall be permitted against a party when:

(1) The parties cannot adequately address specific relevant factual issues at the time fixed for the presentation of evidence,and addressing these issues at a subsequent time would place the requesting party at a material disadvantage;

(2) The requested method of discovery is reasonable, and the requested discovery would not cause material unfairness orunreasonable expense to any party; and

(3) The requesting party has acted diligently and the requested discovery would not unreasonably delay the proceeding.



Frl 206.08 Subpoenas. (a) Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall





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be issued upon the order of the board. (b) In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the proposedsubpoena to its motion. If the motion is granted, the requesting party shall be responsible for the service of the subpoena and paymentof any applicable witness fee and mileage expenses. (c) The person to whom the subpoena is directed may, within 7 days after service of the subpoena, or one day before the datespecified in the subpoena for compliance therewith, whichever is later, file a motion to quash or modify the subpoena. If the boarddenies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with thesubpoena, or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of theboard's order, whichever is later, unless the board expressly provides additional time to comply. (d) A subpoena shall be served in any manner authorized by law. The date, time, and method of service shall be written on thereverse of the original copy of the subpoena by the person making service who shall then file that copy with the board. (e) Should a person fail to comply with a subpoena issued pursuant to this section, the board shall take one or more of thefollowing actions:

(1) Impose sanctions specific to any pending proceeding, including, but not limited to, entry of a default judgment as tosome or all of the pending issues which is adverse to the noncompliant party; or

(2) Seek judicial enforcement of some or all of the subpoena.



Frl 206.09 Evidence. (a) The evidentiary privileges recognized by the law of New Hampshire, including the N.H. Rules of Evidence, shall apply toproceedings under this chapter. (b) All data which will reasonably assist the board arrive at the truth shall be admissible, but data which is irrelevant orimmaterial; unduly repetitious or cumulative; or needlessly insulting or scandalous shall be excluded. (c) The board may direct that some or all of the evidence be submitted in written form, but oral testimony shall be requiredwhenever necessary to avoid material prejudice or to permit full and fair disclosure of disputed material facts, (d) If the board officially notices a fact, it shall so state, and permit any party, upon timely request, the opportunity to show thecontrary. (e) Witnesses appearing before the board shall testify under oath or affirmation. (f) The board shall cause an electronic or stenographic record to be made of hearings and prehearing conferences. This recordshall be transcribed upon the request of a party who pays the estimated cost of transcription in advance. Provided, however, that if theboard elects to transcribe some or all of the record for its own use, the transcribed portions shall be included in the public docket file.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.10 Burden of Proof. (a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by apreponderance of the evidence. (b) Without limiting the generality of paragraph (a), above, all moving parties and all petitioners shall have the burden ofpersuading the board that their motion or petition should be granted.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.11 Methods of Proceeding. The method of proceeding under this part shall be determined as follows: (a) Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or theimmediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of atrial-type evidentiary hearing with an opportunity for the subsequent submission of memoranda. However, the parties may agree toalternative methods of proceeding.




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(b) An order scheduling supplemental argument or hearing, or otherwise reopening the record, may be issued by the presidingofficer at any time prior to the issuance of a final order in a proceeding.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.12 Inquiry By Presiding Officer Or Board Members. The presiding officer shall make such inquiry of witnesses,parties or counsel, as he or she believes necessary to develop a sound record for decision. Other board members participating in theproceeding shall also ask such questions and make such inquiries, subject to recognition by the presiding officer.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.13 Proposed Findings of Fact and Conclusions of Law. (a) Any party may submit proposed findings of fact and conclusions of law. (b) The presiding officer shall direct any party to submit proposed findings of fact or conclusions of law if the presiding officerbelieves proposed findings or conclusions would be helpful to the board in deciding the case. If such an order is issued, individualrulings upon such proposed findings or conclusions shall be included as part of any proposed or final decision required to be issued inthe proceeding.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.14 Ex Parte Communications. Once an adjudicative proceeding has been commenced, no party shall communicate withany person assigned to render a decision or make findings of fact and conclusions of law in this matter, concerning the merits of thecase except upon notice to all parties and in accordance with the rules of this chapter. Nor shall any party cause another person tomake such communications or otherwise engage in conduct prohibited by RSA 541-A:36.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 206.15 Disciplinary Hearings. (a) Adjudication of misconduct allegations shall be conducted in accordance with this part, as supplemented by the hearingorder and possible prehearing and other appropriate procedural orders served upon the parties, which shall establish the particularscheduling and filing requirements applicable to each case. (b) A hearing notice shall be subject to substantive amendment by the board at any time prior to the issuance of a final order.Provided, however, the parties shall receive at least 15 days notice and an opportunity to be heard on any new or materially differentmisconduct allegations to be decided in a particular disciplinary proceeding. (c) The licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within 30days of receipt of the allegations. Failure to so respond within the specified time period shall result in an order of default, includingdisciplinary sanctions, against the licensee unless the licensee failed to respond for good cause. Good cause includes accident,mistake, misfortune or any other circumstances beyond the control of the objecting party. (d) Prehearing conferences in disciplinary proceedings shall be public except to the extent that settlement discussions or othermatters entitled to confidentiality are addressed.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 207 PRESIDING OFFICER Frl 207.01 Designation. (a) Adjudicative proceedings commenced by the board shall be conducted by a presiding officer. (b) The board chairperson shall serve as presiding officer or shall designate another qualified person to so serve.








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Frl 207.02 Authority of Presiding Officer. (a) Unless otherwise provided by board order, the presiding officer shall possess all authority with respect to the proceduralaspects of adjudicative proceedings which could be exercised by the board itself, including, but not limited to, the power to administeroaths and affirmations, direct the course of the proceeding, decide scheduling, and conduct discovery, and stay proceedings. However, only the board shall possess subpoena power. (b) Except as provided by Frl 207.04, receive no testimony or oral argument on the merits of the case unless a majority of theboard members designated to render a decision in the proceeding, are present. Board members need not be present during prehearingconferences or arguments on discovery or other procedural motions. (c) Except in proceedings conducted pursuant to Frl 207.04, the presiding officer shall, consistent with the fair and orderlyconduct of the proceeding, permit board members who are present during any stage of an adjudicative proceeding to make reasonableinquiries of the parties and witnesses. (d) The presiding officer shall not accept final offers of settlement or impose consent decrees, but shall assist the parties inreaching settlements. When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision, butshall not stay the proceeding merely because the board is deliberating on a settlement proposal. (e) The presiding officer shall not decide motions or enter orders which finally resolve any specific issue or issues designatedby the board, and shall not stay the proceeding for more than 60 days. Potentially dispositive motions shall be referred to the boardimmediately or deferred until the close of the record, as determined by majority vote of the board. (f) If the presiding officer believes that a default or similar final order should enter against a party, the presiding officer shallissue a written recommendation to the board, with service on the parties, and the board shall take appropriate action after allowing theparties l0 days to file objections thereto.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 207.03 Exceptions to Interlocutory Rulings By The Presiding Officer. (a) The board shall not entertain interlocutory appeals of procedural or discovery orders made by the presiding officer.Contemporaneous exceptions to such rulings shall be unnecessary to preserve the objections of any party adversely affected. (b) The parties may include objections to an adverse ruling of a presiding officer in any exceptions taken to a proposed decisionunder Frl 207.04. When a proposed decision is not issued, such objections shall be presented to the board as a motion or as part of aclosing memorandum submitted within 10 days from the close of the hearing or such further period as the presiding officer shall allowfor good cause. Good cause includes accident, mistake, misfortune or any other circumstances beyond the control of the objectingparty.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 207.04 Proposed Decisions By Presiding Officer. (a) The board shall direct that evidence be received solely by a presiding officer who shall be charged with preparing a writtenproposed decision with recommendations for the final disposition of the case and any pending motions, if the board determines thatexpediency and justice requires such procedure. Such decisions shall be served upon the parties and the board. (b) The parties may file exceptions and supporting memoranda of law for review by the board within 30 days from the date theproposed decision was served. Replies to exceptions and reply memoranda may be filed within 15 days from the date of the documentbeing replied to. (c) If a party wishes to present oral argument to the board it shall file a separate motion for oral argument within the timeallowed for filing exceptions or replies to exceptions. (d) If no exceptions are filed to a proposed decision, the board shall, within 10 days following the deadline for filingexceptions, issue an order announcing that the initial decision shall be reviewed by the board. Unless the board modifies the proposeddecision, it shall become the final decision of the board on the date of ratification or modification. (e) When the board has directed a presiding officer to receive evidence and enter a proposed decision, there shall be nocommunications between the presiding officer and the board members concerning the merits of the case, and the board members shall



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not participate in the questioning of witnesses at the hearing, as would otherwise be permitted by Frl 206.12.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 208 RECONSIDERATION AND STAY Frl 208.01 Motion for Reconsideration or Rehearing. (a) Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effecton the date they are served upon the parties pursuant to Frl 204.04 (c). (b) Within 30 days after service of a final adjudicative order, any party may file a motion for reconsideration or rehearing. Theboard shall make no distinction between the terms "reconsideration" and "rehearing." (c) A motion for reconsideration shall:

(1) Include any memorandum of law the moving party wishes to submit;

(2) Identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order which the movingparty wishes reconsidered; and

(3) Concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party.

(d) The board shall grant or deny the motion, or any part thereof, on its merits to the extent the motion has revealed errors oflaw, fact or policy in the board’s prior decision. The board shall also treat the motion as one for reopening and order the receipt ofsuch additional data or additional argument as it considers necessary to evaluate any newly discovered evidence or to cure any allegedprocedural errors.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 208.02 Reconsideration on the Board's Own Motion. Within the time frame specified in Frl 208.01(b), the board shallreconsider, revise or reverse any final action on its own motion if new evidence is presented. If the board’s action is based upon theexisting record, prior notice shall not be given to the parties. If the board believes further argument or data should be considered, anappropriate order providing the parties with notice and an opportunity to be heard shall be issued before any final revision is made inthe board's previous action.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 208.03 Stay of Board Orders. (a) Board actions shall be stayed only in response to a specific request from a party. The mere filing of a motion forreconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion for reconsideration. (b) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified byFrl 208.01(a), and shall demonstrate good cause sufficient to warrant the stay of an action by the New Hampshire superior court.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 209 CONSOLIDATION AND SEVERANCE Frl 209.01 Consolidation. Board proceedings which involve the same, or substantially related issues, shall be consolidated forhearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action. Consolidation shall be orderedin response to a timely motion from a party or on the board’s own initiative.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 209.02 Severance. Whenever injury to the substantial rights of a party or undue delay might be thereby avoided, the boardshall, as fairness, accuracy and efficiency permit, sever one or more issues from a proceeding and dispose of those issues in anotherproceeding. Severance shall be ordered in response to a timely motion from a party or on the board’s own initiative.






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New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 210 NONADJUDICATIVE INVESTIGATIONS AND HEARINGS Frl 210.01 Informal Investigations. (a) Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through itsmembers, officers and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, andprepare reports describing the data obtained whenever:

(1) It receives data which leads it to believe that a violation of any statute administered by the board, or of any rule of theboard, has occurred, or is likely to occur; or

(2) It desires to obtain data for any other lawful purpose;

(b) Informal investigations shall include requests for additional information from the complainant such as requests for a releaseof relevant medical records belonging to or under the control of the complainant and face-to-face meetings with interested persons, ifsuch information is necessary to develop a full understanding of the facts.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 210.02 Formal Investigations. (a) The board shall commence a formal investigation for the purpose of obtaining documents, recording testimony, andotherwise gathering information relevant to any matter within its jurisdiction. (b) Formal investigations shall be commenced by the issuance of an order of investigation containing:

(1) The statutory or regulatory authority for the investigation;

(2) Any statutes or rules believed to have been, or about to be, violated, or the possible regulatory action beingcontemplated by the board;

(3) The identity of the persons, or class of persons, which are the subject of the investigation;

(4) The general nature of the conduct being investigated;

(5) The identity of the investigating officer or committee;

(6) The date upon which the investigating officer shall report his or her findings and recommendations to the board;

(7) Any special authority conferred upon the investigating officer, including the authority to issue subpoenas on behalf ofthe board;

(8) Other provisions deemed desirable by the board.

(c) The issuance of an order of investigation shall not commence a disciplinary hearing and shall not constitute an allegation ofmisconduct against a license holder.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 210.03 Investigators. The board shall appoint a member of its staff, an attorney, any other qualified person, or a committeeof qualified persons to conduct a formal or informal investigation.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 210.04 Misconduct Investigations. (a) The board shall conduct such nonadjudicative investigations as it deems necessary to examine acts of possible misconductwhich come to its attention through complaints or other means. Informal investigations pursuant to Frl 210.01 shall be conducted atany time and without prior order of the board. The board shall convert an informal investigation to a formal investigation at any time





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by following the procedures in Frl 210.02(b). (b) The type, form and extent of an investigation shall be based on the substance of the complaint. (c) When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examinesuch health care records and other documents as are reasonably necessary to make a recommendation as to whether further boardaction should be taken on the allegations in question. (d) Investigations, including those based upon allegations in a complaint, may be conducted on an ex parte basis. (e) The investigator shall make a written report of misconduct investigations which includes a recommendation to the board asto whether there is a reasonable basis to conduct further disciplinary proceedings. (f) Investigatory reports and all information gathered by an investigator shall be confidential except that:

(1) The investigator's report shall be made available to the parties in any adjudicative proceeding resulting therefrom; and,

(2) Information gathered in an investigation shall become subject to public disclosure if it is introduced as evidence in adisciplinary hearing;

(3) Information gathered in disciplinary investigations shall be made available to:

a. Law enforcement agencies;

b. Certifying agencies of other jurisdictions;

c. Board investigators or prosecutors;

d. Expert witnesses or assistants retained by board prosecutors or investigators in the same or related disciplinarymatters; or

e. A licensee, complainant, or other person with knowledge of the subject matter of a particular misconductallegation, when such disclosure would assist the board investigate that allegation.



Frl 210.05 Informational Hearings. The board shall conduct nonadjudicative informational hearings to assist it gatherinformation concerning policy matters, such as the adoption of board rules. (a) The board chair, acting chair, or another board member designated by the chair shall serve as the presiding officer atinformational hearings and shall have authority to conduct all facets of the proceeding. (b) Sworn testimony shall not be received at informational hearings unless an order of investigation has been issued by theboard. (c) The board shall establish the order and the length of the presentations made in informational hearings, and, consistent withany applicable statutes, limit the time allotted to each speaker.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 211 RULEMAKING Frl 211.01 How Adopted. A board rule, or any amendment or repeal thereof, shall be adopted by using the process set forth inRSA 541-A:3. Rules shall be proposed by petition or on the board’s own initiative.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 211.02 Petition for Rulemaking. Any person may request the board to commence a proceeding for the purpose of adopting,amending, or repealing a rule by filing a petition which contains: (a) A statement of the effects on the petitioner, the profession and the general public if the proposed rule is adopted; (b) The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the




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implementation of the proposed rule; (c) If the petitioner proposes to amend or repeal an existing rule, an identification of the particular rule sought to be amendedor repealed; and (d) Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemakingproceeding.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 211.03 Disposition of Petition. (a) The board shall, by order, grant or deny a petition for rulemaking. Before issuing such an order, however, the board mayrequire additional data or argument from the petitioner or other interested persons. (b) The board shall grant the petition if:

(1) The substance of the proposed rule is consistent with the applicable statutes;

(2) The proposed rule would not place undue burdens on licensees; and

(3) There are insufficient policy grounds for denying the proposed rule. (c) If the petition is denied, the board shall state the reason therefore in the order. If the petition is granted, the board shallundertake to commence a rulemaking proceeding in accordance with RSA 541-A:3.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 212 WAIVER OF SUBSTANTIVE RULES Frl 212.01 Petitions for Waiver. (a) Any interested person may request the board to waive or suspend any rule not covered by Frl 201.04 by filing an originaland 2 copies of a petition pursuant to Frl 205.01(b) which clearly identifies the rule in question and sets forth specific facts andarguments which support the requested waiver. (b) Petitions for waivers of substantive rules shall address whether:

(1) Adherence to the rule would cause the petitioner financial or personal hardship;

(2) The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

(3) Waiver of the rule would be consistent with the statutes and rules adopted by the board;

(4) Waiver of the rule would injure third persons; and

(5) Other good cause for waiving the rule. (c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the boardshall require service of the petition on such persons and advise them that they may file a reply to the petition pursuant to Frl 205.01(c). (d) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as shall beordered by the board after reviewing the petition and any replies received. (e) A petition for waiver of a rule which does not allege material facts, which, if true, would be sufficient to support therequested waiver, shall be denied without prior notice or further hearing. (f) The board shall initiate a waiver or suspension of a substantive rule upon its own motion by providing affected parties withnotice and an opportunity to be heard, and issuing an order which finds that waiver would be consistent with the criteria of (b), above.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 PART Frl 213 DECLARATORY RULINGS




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Frl 213.01 Petitions for Declaratory Rulings. (a) Any interested person may request a declaratory ruling from the board on matters within its jurisdiction by filing an originaland 10 copies of a petition pursuant to Frl 205.01(b). (b) Such a petition shall also set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for the ruling, including any supporting affidavits or memoranda of law.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 Frl 213.02 Action on Petitions for Declaratory Rulings. (a) If a petition for declaratory ruling reveals that other persons would be substantially affected by the proposed ruling, theboard shall require service of the petition on such persons and advise them that they may file a reply pursuant to Frl 205.01(b). (b) The petitioner and any persons served with notice of the petition shall provide such further information or participate insuch evidentiary or other proceedings as the board may direct after reviewing the petition and any replies received. (c) The board shall issue a declaratory ruling after consideration of the criteria set forth in Frl 213:01(b), and if the petition willonly affect the petitioner. If the petition will affect other interested persons, the board shall treat the petition as a request forrulemaking. (d) Petitions shall be denied when:

(1) The question is or will become moot; or

(2) The petitioner is subject to formal disciplinary proceedings.


New. #9784, INTERIM, eff 9-20-10, EXPIRES: 3-21-11 CHAPTER Frl 300 REGISTRATION AND LICENSURE PART Frl 301 APPRENTICE EMBALMER Frl 301.01 Application for Embalmer’s Apprentice License. (a) Each applicant for a license to practice as an embalmer’s apprentice in the state of New Hampshire shall supply the boardwith the following on the “Application for Embalmer’s Apprentice License” form:

(1) Name, address, date of birth, place of birth, place of employment and telephone number; (2) Name and location of high school, academy or college attended; (3) Date of diploma, certificate or degree, with copy of diploma, certificate or degree attached; (4) Name, address and date of employment by apprentice sponsor; (5) Affidavit accepting apprentice for one year apprenticeship term by sponsoring licensed embalmer; (6) Affidavit indicating the applicant acknowledges the apprenticeship requirements and affirms the application iscompleted accurately.

(b) Applicant shall submit the apprentice licensing fee as cited in Frl 307.01.


New. #8257, eff 1-15-05

Frl 301.02 Qualifications. (a) Each applicant for apprentice embalmer shall possess a high school diploma or equivalent.




Frl 100-900



New. #8257, eff 1-15-05

Frl 301.03 Requirements. Each applicant for apprentice embalmer shall meet the following conditions and requirements tofulfill an apprenticeship: (a) Each apprentice embalmer applicant and his/her sponsor shall meet with the board or a board member to review theapprenticeship requirements. (b) Each apprentice embalmer shall be employed by a funeral establishment inspected by the board and shall serve a one yearapprenticeship. One year shall equal 50 weeks, where funeral directing and/or embalming is the principal occupation. (c) Upon receipt of full-time status, a student may request, in writing, approval to serve minimum intervals of 8 consecutiveweeks of apprenticeship, where funeral directing and /or embalming is the principal occupation. The board shall grant up to 3, 8consecutive week intervals per requesting student. (d) Each apprentice embalmer shall work at all times under the instruction and personal supervision of the sponsoring licensedembalmer and funeral director, who shall be held responsible for all acts or omissions of that apprentice embalmer which occur whilethat apprentice embalmer is sponsored by him or her. (e) The licensed embalmer and funeral director who serves as the chief executive or chief operating officer of the soleproprietorship, partnership, corporation, association, limited liability partnership, limited liability company or other businessorganization which employs said embalmer apprentice shall also be held responsible for all acts or omissions of the apprenticeembalmer which occur in the course of that apprentice embalmer’s employment with that entity. (f) Each apprentice embalmer so employed shall comply with any and all requirements of RSA 325, Frl 100-700, and any andall other federal, state and local laws and regulations pertaining to the business or profession of embalming and funeral directing. (g) The entity which employs an apprentice embalmer shall notify the board, in writing, of any change in the identity of thesponsoring licensed embalmer and/or funeral director to whom that apprentice embalmer is responsible, and of any change in the nameand address of the licensed funeral establishment(s) in which each such apprentice embalmer works. (h) The total number of apprentice embalmers employed by any one entity shall not exceed one apprentice embalmer for each50 cases, or fraction thereof, for which funeral goods and services were provided by the entity during the preceding calendar year. (i) Each apprentice shall successfully complete a full course of instruction of at least 12 months in an accredited institution ofmortuary science approved by the American Board of Funeral Service Education (ABFSE). No time spent attending embalmingschool or any postsecondary institution shall constitute any part of the required apprentice funeral home working requirement. (j) Each apprentice embalmer shall provide certified transcript(s) of completion of 30 credit hours of postsecondary education. (k) Prior to the conclusion of his or her first year as a licensed apprentice embalmer, each apprentice embalmer shall provide,in writing, a letter of acceptance at an accredited school of mortuary science.


New. #8257, eff 1-15-05

Frl 301.04 Additional Requirements. (a) Each apprentice embalmer shall assist in embalming 25 bodies according to (e) below. (b) Each apprentice embalmer shall solo embalm 25 bodies according to (e) below. (c) Each apprentice embalmer shall arrange the details required for conducting 12 funerals along with conducting thearrangement conference, assisting families with selection of merchandise and other phases of the profession. (d) Each apprentice embalmer shall complete 12 Apprentice Funeral Directing Forms as follows:

(1) Number of this consecutive apprentice funeral directing form; (2) Name and license number of apprentice; (3) Name and license number of sponsor; (4) Name and address of funeral home sponsoring apprentice;



Frl 100-900


(5) Name, address and date of birth of deceased; (6) Place and date of death; (7) Address of place of death; (8) Type of funeral service, check all that apply;

a. Funeral service funeral; b. Calling/visitation hours; c. Memorial service; d. Graveside service; or e. Direct cremation;

(9) Place and time of funeral service; (10) Address of funeral service; (11) Name of officiating clergy and faith; (12) List funeral participation, check all that apply;

a. Assisted in filing death certificate; b. Assisted in obtaining burial permit; c. Assisted family with selection of merchandise; d. Assisted with arrangement conference; e. Arranged for clergy; f. Arranged for organist; g. Arranged flowers; h. Checked/recorded flowers; i. Arranged for military honors; j. Parked cars; k. Assisted with office work; l. Ordered casket/vault; m. Carried casket; n. Directed traffic; o. Drove family car; p. Drove hearse; q. Prepared newspaper notices; r. Received visitors; s. Drove service car; t. Seated guests at service; u. Contacted cemetery; v. Arrange for cremation;

Frl 100-900


w. Arranged for fraternal services; or x. Assisted with Social Security and Veterans Administration forms;

(13) Signature of apprentice and date; and

(14) Signature of sponsor and date. (e) Each apprentice embalmer shall complete an Apprentice Embalming Form for each embalming completed in (a) and (b)above, as follows:

(1) Number of this consecutive unassisted or assisted apprentice embalming form; (2) Current apprenticeship license effective date; (3) Name and license number of apprentice; (4) Name and license number of sponsor; (5) Name and address of funeral home sponsoring apprentice; (6) Name, address and date of birth of deceased; (7) Place and date of death; (8) Cause and time of death; (9) Date and time body received at funeral home; (10) Name of funeral home receiving body; (11) Name of attendants on first call; (12) Pre embalming condition of body, check all that apply;

a. Straight, non-posted; b. Partial or full autopsy, describe; c. Emaciated/dehydrated; d. Edematous/dropsical; e. Purge; f. Tissue gas; g. Odor; h. Skin slip; i. Discoloration; j. Rigor mortis; k. Mutilations; l. Jaundice; m. Organ and/or tissue donor, describe; n. Surgery; o. Exposure to temperature extremes, describe; or p. Other, describe.

(13) Time between death and embalming; (14) Body refrigerated, indicate yes or no;

Frl 100-900


(15) Arteries used for injection; (16) Veins used for drainage; (17) Type and index of arterial fluid used, rate of flow; (18) Method of injection, hand pump, gravity or machine pressure; (19) Concentration of arterial fluid injected and number of gallons injected; (20) Type and amount of cavity fluid used; (21) Other supplemental chemicals or fluids used; (22) Occurred during embalming, check all that apply;

a. Clearing; b. Purge; c. Distention of face or hands; d. Firming; e. Leakage; or f. Vascular problems.

(23) How were any problems encountered, rectified, describe; (24) Check the following procedures completed;

a. Undressed and washed body; b. Disinfected/packed orifices; c. Shaved; d. Set features, including closing eyes/mouth; e. Inserted cannulea/drain tubes; f. Mixed and injected fluids; g. Aspirated cavities, injected cavity fluid; h. Treated cavities/viscera for autopsy case; i. Reaspirate cavities; j. Sutered/sealed incisions; k. Treated skin slip and decubitis ulcers; l. Washed body and prepared for dressing; m. Dressed and casketed body; n. Applied cosmetics, treated discoloration chemically; o. Applied restorative measures; p. Cleaned/sanitized table, floor, prep room; q. Washed/sterilized instruments; r. Hypodermic treatment; or s. Chose injection site, made incisions, raised vessels.

(25) Embalming operation complications, indicate yes or no;

Frl 100-900


(26) Describe embalming complications and methods used for correction; (27) Signature of apprentice and date; and (28) Signature of sponsor and date.

(f) These forms are provided by the board and shall be submitted to the board office on a quarterly basis.


New. #8257, eff 1-15-05

Frl 301.05 Effective. (a) Licenses shall be issued by the board for a one year period. (b) Apprenticeships shall become effective retroactive to the date that the completed application was received in the boardoffice.


New. #8257, eff 1-15-05

Frl 301.06 Extensions. (a) Extensions shall be granted in one year intervals and shall not exceed 4 consecutive extensions. Extension requests shall bemade in writing and shall be signed by the requesting apprentice. (b) Apprenticeships shall be completed within a contiguous 5 year period unless the apprentice petitions the board, in writing,and shows cause why the board should extend special consideration. Written cause shall include justification for personal, financial,or medical hardship. In accordance with RSA 541-A:29, the board shall request that the apprentice appear before the board. (c) Once the 5 year period is exceeded, if the board does not grant a special exception, the apprentice shall be required toreapply for an embalmers apprentice license as specified in Frl 301.


New. #8257, eff 1-15-05

Frl 301.07 Changing Sponsors. (a) If there is a change in the employment status of any apprentice embalmer, the entity/sponsor which employed the apprenticeembalmer shall submit to the board a written affidavit indicating the length of time that the apprentice embalmer was employed. Thenew entity/sponsor shall notify the board of the new employee/apprentice. (b) Each apprentice embalmer shall also notify the board of any change in employment or sponsorship. Failure to notify theboard of such change shall result in disallowing time served with new entity/sponsor.


New. #8257, eff 1-15-05

Frl 301.08 Unannounced Appearance. (a) The board shall conduct unannounced visits to each apprentice embalmer at his or her place of employment to verifyemployment status and review documents relative to the apprenticeship.


New. #8257, eff 1-15-05

Frl 301.09 Examination.






Frl 100-900


(a) No prior examination shall be required to become an apprentice.


New. #8257, eff 1-15-05

PART Frl 302 EMBALMER Frl 302.01 Application for Embalmer License. (a) Each applicant for a license to practice as an embalmer in the state of New Hampshire shall supply the board with thefollowing on the “Application for Embalmer License” form:

(1) Name, address, telephone number, date and place of birth, date and place of naturalization; (2) Name and location of high school attended and date received diploma; (3) Name and location of college attended, date and type of degree received, with official transcript attached; (4) Name and location of mortuary school attended, date of degree or diploma if different from Frl 302.01(a)(3), withofficial transcript attached; (5) List all states currently licensed; (6) Certified copy of the Conference of Funeral Service Examining Board certification form with a raised seal; (7) Affidavit indicating apprentice has successfully completed the requirement set forth in Frl 301.03 and Frl 301.04 bysponsoring New Hampshire licensed embalmer; (8) Certified copy of applicant’s birth certificate with raised seal; (9) Affidavit of good professional character by New Hampshire licensed funeral director or embalmer; (10) Affidavit of good professional character by New Hampshire licensed funeral director or embalmer, other thanemployer; and (11) Denial or affirmation with explanation upon request of the following:

a. Conviction of a felony, or crime involving moral turpitude; b. Past or current impairment by, or diversion of chemical substances; and c. Mental and physical competence to practice embalming.

(12) By their signature affirm the following pledge: “I, state the information provided is accurate to the best of myknowledge and belief. I understand knowingly providing false information may be grounds for denial, reprimand,suspension, revocation of a license (RSA 325:32), and may be grounds for conviction of a misdemeanor”, and (13) Signature and date on the form.

(b) The applicant shall submit the embalmer licensing fee as cited in Frl 307.01.


New. #8257, eff 1-15-05

Frl 302.02 Qualifications. (a) Each applicant shall meet the qualifications as set forth in RSA 325:13.


New. #8257, eff 1-15-05

Frl 302.03 Requirements. (a) Each applicant shall pass a practical/oral examination.




Frl 100-900



New. #8257, eff 1-15-05

Frl 302.04 Practical/Oral Examination. (a) Each applicant shall have served at least 10 months of a one year apprenticeship to be eligible for practical/oralexamination. (b) Each applicant shall receive a letter of eligibility for the practical/oral examination from the board. This letter shall bepresented to the board member administering the examination. (c) Oral questions shall be part of the practical examination. These questions shall pertain to embalming as defined in RSA325:1 VI and shall be administered by the board member present. (d) In order to be eligible for licensure each applicant shall successfully complete the practical/oral examination as confirmedby the board member administering the examination. (e) Each applicant shall submit the practical/oral examination fee as cited in Frl 307.01 for each examination. (f) Any applicant that fails the practical/oral examination shall submit to the board a written request for reexamination after 30days. (g) If an applicant fails to pass the practical/oral examination after 2 attempts he/she shall not be eligible to reapply for 6months. (h) During the 6 months waiting period the applicant shall maintain an active embalmers apprentice license as cited in Frl301.03, Frl 301.04 and Frl 301.05.


New. #8257, eff 1-15-05

PART Frl 303 FUNERAL DIRECTOR Frl 303.01 Application for Funeral Director. (a) An application for funeral director shall consist of a written request for the board to administer the written examination.


New. #8257, eff 1-15-05

Frl 303.02 Qualifications. (a) Each applicant shall meet the qualifications as set forth in RSA 325:14.


New. #8257, eff 1-15-05

Frl 303.03 Written Examination. (a) The written examination shall consist of questions derived from RSA 289, RSA 290, RSA 325, RSA 325-A, RSA 611,RSA 611-A, Frl 100-700 and vital records administrative rules He-P 7006; (b) Each applicant shall submit the written examination fee as cited in Frl 307.01 for each examination. (c) An applicant shall pass the written examination with a minimum grade of 75% to be eligible for licensure. Any applicantthat fails the written examination shall submit to the board a written request for reexamination after 30 days. (d) If an applicant fails to pass the written examination after 2 attempts he/she shall not be eligible to reapply for 6 monthsfrom the date of the last failed written examination.





Frl 100-900



New. #8257, eff 1-15-05

PART Frl 304 UNLICENSED PERSONNEL Frl 304.01 Registration Procedure. (a) Upon employment of an unlicensed individual the funeral home owner/manager shall register the employee with the board,in writing, within 30 days. (b) Registration shall include:

(1) The individual’s name;

(2) Address;

(3) Date of employment and

(4) Employment status: full-time at 40 hours per week, part-time at less than 40 hours per week or per-diem.


New. #9716, eff 5-17-10

Frl 304.02 Limitation of Unlicensed Personnel. (a) Unlicensed personnel shall not be employed to perform activities that are solely the functions of a licensed funeral director,licensed embalmer or licensed apprentice, including making funeral arrangements, embalming a body or being present in anembalming room during an embalming procedure, or conducting funerals, to include: funeral services, memorial services, gravesideservices or any other services recognized by the public to be conducted by a licensed funeral director.



He-P 700

http://www.gencourt.state.nh.us/rules/state_agencies/he-p700.html[6/18/2011 9:53:49 PM]

CHAPTER He-P 700 CREMATORIES Statutory Authority RSA 325-A:5 REVISION NOTE: The rules governing crematories, numbered He-P 700 and filed under Document #8480, effective 11-5-05, wereformerly numbered He-P 600 and had been filed under Document #4166, effective 11-6-86, and expired 11-6-92. PART He-P 701 CREMATORY REGULATIONS He-P 701.01 Purpose. The purpose of this part is to set forth the requirements for all crematories pursuant to RSA325-A. Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.02 Definitions.

(a) “Authorizing agent(s)” means the person(s) who orders the cremation of human remains, including but not limitedto family member(s) or funeral director(s) in charge of the final disposition arrangements.

(b) “Change of ownership” means the change in the controlling interest of an established crematory.

(c) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or hisor her designee.

(d) “Communicable disease” means “communicable disease” as defined by RSA 141-C:2, VI.

(e) “Cremains container” means any container in which cremains can be placed in and sealed so to avoid leakage orprevent entrance of foreign materials.

(f) “Cremains” means the remaining bone fragments and residue, which are reduced in size by mechanical means.

(g) “Cremation” means the incineration by direct flames or intense heat to reduce the human remains to ashes orinorganic bone fragments.

(h) “Cremation chamber or cremation retort” means the enclosed space in which the cremation process of humanremains takes place.

(i) “Crematory” means any person, partnership or corporation that performs cremation subject to RSA 325-A.

(j) “Department” means the department of health and human services, state of New Hampshire.

(k) “Designated agent” means the individual authorized to have custody and control of the human remains pursuant toRSA 290:17.

(l) “Funeral director” means “funeral director” as defined in RSA 325:1, VIII and licensed in accordance with RSA325:14.

(m) “Holding facility” means an area within the crematory, separate from public areas, designated for the retention ofhuman remains prior to cremation.

(n) “Human remains” means the dead human body prior to cremation.

(o) “Leak proof pouch” means a plastic, vinyl, or similar material bag that is made specifically for the containment ofhuman remains.

(p) “Next-of-kin” means “next-of-kin” as defined in RSA 290:16, IV.

(q) “Operator” means the individual responsible for the day-to-day operation of the crematory.

http://www.gencourt.state.nh.us/rules/filing_history/sourcehe-p.html

He-P 700


(r) “Owner” means the individual, partnership or corporation with controlling interest in the crematory.

(s) “Suitable solid container” means a rigid container, which is designed for the encasement and disposition of humanremains before cremation.

(t) “Urn” means a decorative container used for placement of cremains that varies in size, styling and composition.

(u) “Violations against a decedent” means actions that desecrate or tamper with the human remain or personal effects,lead to the misidentification of a decedent, or allow the commingling of cremains of more than one decedent.

Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.03 Initial Approval to Construct a Crematory Application Requirements. (a) A person desiring to construct a crematory shall comply with the requirements of RSA 325-A:1 and apply to thedepartment for initial approval. (b) Each applicant shall submit the following documents to the department:

(1) A completed application form entitled “Application for Approval to Construct a Crematory,” including thefollowing:

a. The name of the applicant; b. The mailing address of the applicant; c. The telephone number of the applicant; d. The location of the proposed crematory, including street number and name, plot number if applicable,town or city, state, zip code, county, and name of cemetery or funeral home if applicable; e. The name of each crematory owner and the type of ownership; f. Disclosure of whether any owner has been convicted of a felony; and g. The signature of:

1. The owner, if a private crematory; 2. Two officers, if a corporation; or 3. Two authorized individuals, if an association or partnership;

(2) A copy of the notice of public hearing, pursuant to 325-A:1, as published in the local newspaper; (3) Evidence of approval to build from the city or town in which the crematory will be located; and (4) A copy of the building plans.

(c) The applicant shall mail or hand-deliver the documents to: The Department of Health and Human Services Division of Public Health 29 Hazen Drive Concord, NH 03301 Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05



He-P 700


He-P 701.04 Approval or Denial to Construct a Crematory. (a) The department shall process the “Application for Approval to Construct a Crematory,” application in accordancewith RSA 541-A:29. (b) An application shall be deemed complete when the department determines all items required by He-P 701.03(b) arereceived. (c) The department shall approve construction of a crematory if the application meets the requirements of RSA 325-A:1 and He-P 701.03. (d) If an application is approved, the department shall notify the applicant in writing that:

(1) The application has been approved; (2) Construction may begin; (3) The crematory is required to submit an “Application for Conditional Approval to Operate a Crematory,” asdescribed in He-P 701.05(b), prior to conducting cremations; and (4) The crematory shall be subject to an inspection as described in He-P 701.07(a) prior to being grantedconditional approval to operate.

(e) If an application is denied, the department shall notify the applicant in writing of the reason for the denial. Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.05 Conditional Approval to Operate a Crematory Application Requirements. (a) Prior to performing cremations in a new facility, a person desiring to operate a crematory shall comply with RSA325-A:1 and apply to the department for conditional approval. (b) Each applicant shall submit a completed application form entitled “Application for Conditional Approval to Operatea Crematory,” including the following:

(1) The name of the applicant; (2) The mailing address of the applicant; (3) The applicant’s telephone number; (4) The name of the crematory; (5) The location of the crematory, including street number and name, town or city, state, zip code, county, andthe name of cemetery or funeral home if applicable; (6) The name of any new owners, and the type of new ownership, if applicable; (7) The name of the crematory operator; (8) Disclosure of whether the new owners and the operator have ever been convicted of a felony; and (9) The signature of:

a. The owner, if a private crematory; b. Two officers, if a corporation; or c. Two authorized individuals, if an association or partnership.


He-P 700


(c) The applicant shall mail or hand-deliver the documents to: The Department of Health and Human Services Division of Public Health 29 Hazen Drive Concord, NH 03301 Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.06 Approval or Denial to Operate a Crematory. (a) The department shall process the “Application for Conditional Approval to Operate a Crematory” in accordancewith RSA 541-A:29. (b) Once an application is received the department shall schedule an inspection of the crematory pursuant to He-P701.07. (c) The department shall grant conditional approval to operate a newly constructed crematory following a successfulinspection as described in He-P 701.07(c). (d) If a conditional approval is granted, the department shall:

(1) Notify the applicant in writing of conditional approval to perform cremations for 90 days; and (2) Schedule an inspection of the crematory as described in to He-P 701.07(a)(2).

(e) If a conditional approval is denied, the department shall notify the applicant in writing of:

(1) The reason for the denial; and (2) Any deficiencies listed in the inspection report described in He-P 701.07(d).

(f) The department shall notify the applicant in writing of unconditional approval to operate a crematory following asuccessful inspection as described in He-P 701.07(a)(2). Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.07 Inspections. (a) A department representative or agent shall conduct an inspection of the crematory premises to ensure compliancewith RSA 325-A and He-P 700 at the following times:

(1) After the completion of construction, but prior to the performance of cremations; (2) Within 90 days of granting conditional approval to operate; and (3) At any time after receiving approval to operate in order to determine continued compliance.

(b) The department representative or agent shall complete an inspection report. (c) If a crematory meets the requirements as set forth in RSA 325-A and He-P 700, the department shall notify thecrematory of the successful inspection in writing. (d) Upon failure of the crematory to meet all the requirements as set forth in RSA 325-A and He-P 700, thedepartment shall issue the crematory a written report of the deficiencies. (e) The department shall reinspect a crematory that failed a previous inspection at the written request of the crematoryowner.



He-P 700


(f) The owner(s) and operator(s) of a crematory shall admit and allow any department representative and agents ontothe premises of the crematory for the purpose of determining compliance with RSA 325-A and He-P 700. (g) The owner(s) and the operator(s) of a crematory shall cooperate fully with all department inspections. (h) If an inspection, as described in (a)(2)-(3) above, finds violations of RSA 325-A or He-P 700, the owner shall berequired to submit a corrective action plan in accordance with He-P 701.09(a). Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.08 Complaints and Investigations. (a) The department shall investigate complaints that allege a violation of RSA 325-A or He-P 700. (b) The department shall refer complaints that allege a violation of federal law, state law, or administrative rule to theappropriate agency. (c) If practicable, a complaint shall contain the following information:

(1) The name of the crematory; (2) Location of the crematory; (3) The name, address and telephone number of the complainant; and (4) A description of the situation that supports the complaint and the alleged violation(s) of RSA 325-A or He-P700.

(d) If the commissioner determines that the complaint is unfounded or does not violate any statutes or rules, thedepartment shall take no further action. (e) If the investigation finds violations of RSA 325-A or He-P 700, the owner shall be required to submit a correctiveaction plan in accordance with He-P 701.09(a). (f) If the investigation finds violations of RSA 325-A or He-P 700, the crematory owner shall be subject toadministrative fines, as listed in He-P 701.09(c)(2). Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.09 Administrative Remedies. The department shall impose administrative remedies upon an owner forviolations of RSA 325-A or He-P 700, including: (a) A corrective action plan developed and enforced in the following manner:

(1) The department shall provide the owner with a written notice, which identifies each violation; (2) Upon receipt of a notice the owner shall submit a written corrective action plan, which specifies:

a. How the owner intends to correct each violation; b. What measures will be put in place, or what system changes will be made to ensure that the violationdoes not recur; and c. The date by which each violation shall be corrected;

(3) The owner shall submit a written corrective action plan to the department within 21 days of the date on theletter that transmitted the written notice; (4) The department shall review each corrective action plan and reject any plan that fails to:



He-P 700


a. Achieve compliance with RSA 325-A and He-P 700; b. Address all violations as cited in the inspection report; c. Prevent a new violation of RSA 325-A and He-P 700 as a result of this implementation; or d. Specify the date upon which the deficiencies will be corrected;

(5) If the corrective action plan is acceptable, the department shall notify the owner in writing to implement theplan; (6) If the corrective action plan is not acceptable:

a. The department shall notify the owner in writing of the reason for rejecting the corrective action plan;and b. The owner shall be subject to a directed corrective action plan in accordance with He-P 701.09(b) and afine in accordance with He-P 701.09(c)(2);

(7) The department shall verify the implementation of any accepted corrective action plan by:

a. Reviewing materials submitted by the owner; and b. Conducting a follow-up inspection; and

(8) The verification of implementation as described in (7) above shall only occur after the date of completionspecified by the owner’s plan;

(b) A directed corrective action plan imposed and administered in the following manner: (1) The department shall develop a written plan that specifies the necessary actions the owner shall take to correctidentified violations; (2) The department shall notify the owner in writing to implement the plan; and (3) The department shall verify the implementation of the directed corrective action plan by conducting a follow-up inspection; and

(c) A fine imposed and administered in the following manner:

(1) The commissioner shall provide the owner with a written notice which:

a. Identifies each violation; b. Specifies the amount of the proposed fine; c. Informs the owner of the right to a hearing in accordance with RSA 541-A and He-C 200 prior toimposition of the fine; and d. Explains the automatic reduction of a fine by 50% if the fine is paid within 10 days of the date on thewritten notice from the department, the owner corrects the violations and waives the right to a hearing;

(2) The department shall impose fines in the specified amounts for the following deficiencies:

a. For failure to allow access to the crematory premises or to records maintained by the crematory, inviolation of He-P 701.07(f) and He-P 701.12(h) respectively, the fine shall be $1000; b. For falsification of information contained on the application, in violation of He-P 701.11(a), the fineshall be $1000;

He-P 700


c. For falsification of any required documents, in violation of He-P 701.11(a), the fine shall be $2000; d. For advertising services or otherwise representing themselves as providing services that are not provided,in violation of He-P 701.12(i), the fine shall be $500; e. For failure to submit a corrective action plan within 21 days of the date on the letter that transmits theinspection report, in violation of He-P 701.09(a)(3), the fine shall be $100. f. Until an owner provides documentary evidence of compliance, each day beyond 21 days that an ownerfails to submit a corrective action plan shall be considered a separate deficiency subject to an additional$100 fine to a maximum fine of $ 2000; g. For failure to implement any corrective action plan that has been accepted or issued by the department, inviolation of He-P 701.09(a)(5) and He-P 701.09(b)(2) respectively, the fine shall be $100. h. Until an owner provides documentary evidence of compliance, each day beyond 21 days that an ownerfails to submit a corrective action plan shall be considered a separate deficiency subject to an additional$100 fine to a maximum fine of $2000; i. For using the cremation chamber and retort for any purpose other than the cremation of human remains,human pathological waste or human anatomical waste, in violation of He-P 701.12(c), the fine shall be$1000; j. For cremating more than one human remain, at one time in violation of He-P 701.12(d), the fine shall be$2000; k. For cremating or causing the cremation of human remains without obtaining a burial permit or medicalexaminer certificate, in violation of RSA 325-A:3 and He-P 701.14(a), the fine shall be $2000. l. For cremating human remains within 48 hours of death, in violation of RSA 325-A:3 and He-P 701.12(e),the fine shall be $2000; m. For removing personal effects from human remains without the express written consent of theauthorizing agent, in violation of He-P 701.14(c), the fine shall be $1000; n. For failing to cease operation after receiving an order from the department, in violation of 701.10(c), thefine shall be $200; o. Until an owner provides documentary evidence of compliance, each additional day that an owner fails tocease operation shall be considered a separate deficiency subject to an additional $200 fine to a maximumfine of $2000; p. When an inspection or investigation determines that a repeat violation of RSA 325-A or He-P 700 hasoccurred within 2 years of the date of the original violation, the fine shall be $2000; and q. For failure to establish, implement or comply with the crematory policies and procedures, in violation ofHe-P 701.11(b), the fine shall be $2000; and

(3) Payment of any imposed fine to the department shall meet the following requirements:

a. Payment shall be made within 30 days of receipt of notice; b. Payment shall be made in the form of check or money order for the exact amount due; and c. Payment in a form other than cash shall be made payable to the “Treasurer - State of New Hampshire”.

Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.10 Enforcement Action.


He-P 700


(a) The department shall be authorized to order a crematory to suspend operation when an inspection or investigationhas found:

(1) The crematory failed to correct violations as required by an approved corrective action plan or directedcorrective action plan; (2) The crematory is cited for a violation against a decedent; or (3) The crematory is cited for a repeat violation of RSA 325-A or He-P 700 within 2 years of the originalviolation.

(b) If a crematory is ordered to suspend operation, the crematory may continue operating until an administrativehearing is held and a final decision has been issued. (c) The department shall order the immediate closure of a crematory when:

(1) Continued operation of the crematory poses a threat to public health; or (2) The crematory is cited for repeated violations against decedents within 1 year.

(d) If a crematory is ordered to immediately cease operation and close, the department shall hold an administrativehearing within 10 working days of the date the order was issued. Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.11 Requirements of Crematories. (a) Crematories shall not provide false statements or falsify any documentation required by RSA 325-A and He-P 700. (b) Crematories shall establish written policies and procedures for:

(1) The cremation of anatomical and pathological medical waste; (2) The methods employed to track the chain of custody of the human remains; (3) The methods employed to insure the integrity and identity of individual cremains; and (4) The use of universal precautions in handling remains and pre-crematory waste.

(c) Crematories shall conform to New Hampshire department of environmental services, Env-A 100 through 3800,governing the control of air pollution. (d) Crematories shall comply with Env-Wm 2604 for the management of infectious waste. (e) Crematories approved prior to the effective date of this part shall have a holding facility large enough toaccommodate the human remains awaiting cremation on the premises. (f) Cremation chambers and retorts shall be maintained in accordance with the manufacturers’ specifications, whichshall be kept at the crematory and available for review during inspections. (g) Cremation chambers and retorts shall be capable of reducing human remains to ashes. (h) Crematories approved after the effective date of this part shall have:

(1) Floors constructed of concrete and not covered with flammable material; and (2) Walls and ceilings constructed of fireproof or fire retardant materials.

(i) Crematories approved after the effective date of this part shall have a holding facility that shall be:


He-P 700


(1) Marked “Private” or “Authorized Entry Only”; and (2) Capable of holding 6 human remains.

(j) Crematories approved after the effective date of this part shall have a refrigerated holding facility that shall be:

(1) Available to hold 2 human remains; (2) Maintained at a temperature between 35 and 45 degrees Fahrenheit; and (3) Marked “Private” or “Authorized Entry Only”.

(k) Any area accessible to the public shall be separated from the holding/refrigerated area. Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.12 Duties of Crematories. (a) Crematories shall conform to the requirements set forth in He-P 700. (b) Crematories shall comply with the policies and procedures described in He-P 701.11(b). (c) Cremation chambers and retorts shall only be used for the cremation of:

(1) Human remains; (2) Human anatomical waste; or (3) Human pathological waste.

(d) Unless a request is made by an authorized individual to cremate more than one human remain at a time, such asthat of a mother and child together, the crematory shall not cremate more than one human remain, per cremation chamber at atime. (e) Crematories shall not cremate human remains within 48 hours of death, pursuant to RSA 325-A:3, unless acontagious disease caused death. (f) Crematories shall maintain an accurate crematory book of records, pursuant to RSA 325-A:2, containing thefollowing:

(1) The name, age and gender of the decedent; (2) The last residential address of the decedent; (3) The date and place of death of the decedent; (4) The date the human remains arrived at the crematory; (5) The authorizing agent(s) name(s) and relationship(s) to the decedent; (6) The name of the medical examiner or deputy medical examiner issuing the certificate required for cremationin accordance with RSA 325-A:3; (7) The signatures of the licensed funeral director, next-of-kin, or designated agent; (8) The signature of the person supervising the cremation; and (9) The disposition of the cremains.

(g) For each cremation of human remains, crematories shall keep:


He-P 700


(1) A copy of the medical examiner’s certificate of cremation; and (2) A copy of the burial transit permit, annotated with the date it was filed with the town.

(h) Crematories shall provide department representatives and agents access to records in (f) and (g) above uponrequest. (i) Crematories shall not advertise or otherwise represent themselves as performing services that they do not provide. Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-

05 He-P 701.13 Reception of the Human Remains. Reception of the human remains by a crematory for incineration orcremation shall be subject to the following: (a) A crematory shall not accept a body for cremation unless it is delivered by:

(1) A funeral director; (2) The next-of-kin; or (3) A designated agent;

(b) If known at the time of reception that the cause of death of a person was from a communicable disease, thecrematory shall not receive the human remains unless:

(1) The human remains are embalmed or received in 2 leak proof pouches; and (2) The cause of death is clearly marked on the outside of the leak proof pouches;

(c) All unembalmed human remains shall be placed in a single leak proof pouch and treated as necessary to preventodor and leakage of body fluids, and placed in a suitable solid container; (d) A receipt shall be delivered to the funeral director, next-of-kin or designated agent who delivers such humanremains to the crematory; (e) The crematory shall keep a copy of the receipt in (d) above, which shall include:

(1) The name of the decedent whose human remains were received; (2) The date on which the human remains were received; (3) The place where the human remains were received; (4) The name and address of the funeral director, next-of-kin, or designated from whom the human remains werereceived; (5) The name and address of the funeral home, if applicable; (6) The name of the person in charge of the delivery; and (7) The type of suitable solid container in which the human remains was received;

(f) The crematory shall receive the authorizing agent’s written consent, as required by He-P 701.13(a); and (g) If the crematory is unable to cremate human remains, whether it be due to the 48 hour waiting period required byRSA 325-A:3 or for some other reason, the crematory shall:

(1) Immediately place the human remains in the holding facility required by He-P 701.11(i); or (2) If the human remains have not been embalmed and it has been 72 hours since death occurred, store the


He-P 700


unembalmed remains in the refrigerated holding facility required by He-P 701.11(j).

Source. (See Revision Note at chapter heading for He-P 700) #8480, eff 11-5-05

He-P 701.14 Cremation of Human Remains. (a) Crematories shall not cremate human remains without receipt of the following documents pursuant to RSA 325-A:3:

(1) The burial permit; and (2) The certificate from the medical examiner.

(b) Human remains shall be cremated in the suitable solid container in which received. (c) Personal effects shall not be removed from the deceased without express consent from the authorizing agent(s),which shall be documented by the crematory. (d) A crematory shall not place any additional material in a casket or suitable solid container prior to cremation unlessauthorized by the authorizing agent(s). (e) A crematory shall not place medical waste, including, but not limited to, items such as hypodermic needles,syringes, scalpel blades, soiled dressings, sponges, drainage sets, underpads or surgical gloves in the casket or suitable solidcontainer prior to cremation. (f) Cremains from each cremation shall be removed from each chamber before any subsequent cremation is begun. (g) The authorizing agent(s) may be present either in person or by his/her designee at any stage of the cremation ofsuch human remains. (h) In so far as practicable, all residual of the cremation process shall be removed from the cremation retort and shallnot be commingled with any other cremains unless consent has been given by the authorizing agent(s).


New Hampshire Statutes - Table of Contents

http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXVI-290.htm[6/18/2011 9:55:30 PM]

New Hampshire StatutesTable of Contents

CHAPTER 290: BURIALS AND DISINTERMENTS

Section 290:1 Death Records.Section 290:1-a Fetal Death Records.Section 290:1-b Pronouncement of Death by Registered Nurses.Section 290:2 Death Out of State.Section 290:2-a Release of Body.Section 290:3 Burial Permits, Obtaining.Section 290:3-a Burial Permit for a Fetus.Section 290:3-b Emergency Burial Permit.Section 290:4 Duplicates.Section 290:4-a Record of Interment Date.Section 290:5 Burial Permit Required.Section 290:6 Return.Section 290:7 In Cities.Section 290:8 Prerequisites.Section 290:9 Sub-Registrars.Section 290:10 Record of Death.Section 290:11 Release; Transfer of Body; Liability Limited.Section 290:12 By Whom.Section 290:13 To Another Town.Section 290:14 Penalty.Section 290:15 Order for Disinterment.Section 290:16 Definitions.Section 290:17 Custody and Control Generally.Section 290:18 Estranged Spouse.Section 290:19 Court Determination.Section 290:20 Wishes of Subject.Section 290:21 Effect of Payment by Others.Section 290:22 Authority of Personal Representative.Section 290:23 Immunity.Section 290:24 Ownership of Cemetery Plots or Burial Spaces.

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New Hampshire

TITLE XXVI CEMETERIES; BURIALS; DEAD

BODIES

CHAPTER 290 BURIALS AND DISINTERMENTS

Section 290:1

290:1 Death Records. – Whenever a person shall die, the physician or advanced practice registered nurse attending at the last sickness shall complete and deliver to the funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17 or shall complete electronically and forward immediately to the division of vital records administration, a death record, duly signed, setting forth, as far as may be, the facts required by the department of state, division of vital records administration pursuant to RSA 5-C:63. The cause or causes of death shall be printed or typed on all records required to be furnished under this section. The funeral director, next-of-kin, or designated agent shall transmit electronically the record of death to the division of vital records administration and the certifying physician or advanced practice registered nurse shall then electronically complete the cause of death information into the transmitted record.

Source. 1935, 95:1. RL 168:46. 1949, 98:4. RSA 290:1. 1955, 95:2. 1977, 530:3. 1983, 291:1. 1995, 310:181. 1997, 325:10. 1999, 62:1. 2002, 97:2. 2003, 319:65. 2005, 268:6. 2007, 215:15. 2009, 54:5, eff. July 21, 2009.

Section 290:1-a

290:1-a Fetal Death Records. – Whenever a fetal death shall occur, the attending physician or advanced practice registered nurse shall fill out a fetal death record. This will be solely a statistical report.

Source. 1977, 530:4. 1997, 325:10. 2007, 215:16. 2009, 54:5, eff. July 21, 2009.

Section 290:1-b

290:1-b Pronouncement of Death by Registered Nurses. – If an anticipated death occurs in a hospital, a nursing home, a private home served by a home health care provider licensed under RSA 151, an assisted living residence as defined in RSA 161-J:2, II, or a hospice, the registered nurse attending at the last sickness may pronounce the person dead and release the body to the funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent after certifying the fact of death and completing the death record by hand or other approved electronic process. If a contagious disease is known to be present at the time of death, that fact shall be indicated on the death record in accordance with RSA 5-C:62.

Source. 1986, 26:1. 1989, 10:1. 1995, 310:181. 1997, 325:10. 1999, 62:2. 2003, 319:66. 2005, 268:7. 2007, 90:6, eff. June 11, 2007.

Section 290:2

290:2 Death Out of State. – [Repealed 1977, 530:7, eff. Sept. 13, 1977.]

Section 290:2-a

290:2-a Release of Body. – No dead body of a human being shall be removed from a hospital, a nursing home, a private home served by a home health care provider licensed under RSA 151, or a hospice without a pronouncement of death certified by hand or other approved electronic process by a physician or a registered nurse in accordance with RSA 290:1-b, including the time and date of death. Whenever a contagious disease is involved, the death record shall so state before the body shall be released from the facility.

Source. 1986, 22:1. 1989, 10:2. 1997, 325:11, eff. Aug. 22, 1997.

Section 290:3

290:3 Burial Permits, Obtaining. – It shall be the duty of the funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17 to add to the death record the date and place of burial, and having certified the same by hand or other approved electronic process, to forward it to the division of vital records administration or as otherwise directed by the registrar of vital records, and to obtain a permit for burial from the division of vital records administration in accordance with RSA 5-C:67. In case of a contagious or infectious disease the record shall be completed and transmitted immediately.

Source. 1935, 95:1. RL 168:49. 1949, 98:5. RSA 290:3. 1977, 530:5. 1992, 66:7. 1995, 310:181, 182. 1997, 325:12. 1999, 62:3. 2003, 319:67. 2005, 268:8, eff. Jan. 1, 2006.

Section 290:3-a

290:3-a Burial Permit for a Fetus. – Whenever it shall be determined that a dead fetus will be disposed of by means of burial or cremation, the burial permit will be issued in accordance with the rules and regulations of the department of health and human services.

Source. 1977, 530:6. 1995, 310:181, eff. Nov. 1, 1995.

Section 290:3-b

290:3-b Emergency Burial Permit. – The division of vital records administration, department of state, may issue an emergency burial permit in an emergency as defined by RSA 5-C:70.

Source. 1986, 22:2. 1992, 66:8. 1995, 310:181, 182. 1997, 325:13. 2003, 319:68. 2005, 268:9, eff. Jan. 1, 2006.

Section 290:4

290:4 Duplicates. – [Repealed 1997, 325:22, VII, eff. Aug. 22, 1997.]

Section 290:4-a

290:4-a Record of Interment Date. – In any case in which the town where the death occurred and the town of residence or burial is different, the burial permit shall indicate the actual date of interment where the dead body is stored in a tomb or vault prior to burial.

Source. 1977, 324:6, eff. Aug. 27, 1977.

Section 290:5

290:5 Burial Permit Required. – No interment of the dead body of a human being, nor disposition of the body in a tomb or vault, shall be made without a permit, and only in accordance with it. No disinterment, except as otherwise provided in this chapter, of the dead body of a human being shall be made without a permit from the department of state, countersigned by the local health officer, and only in accordance with such permit. Before a disinterment permit is granted, the surviving spouse, parents, and children, who are 18 years of age or older, of the deceased human being shall be given written notice by certified mail of the disinterment request and shall be afforded 10 days from the written notice to object to the disinterment before the permit is issued. Such disinterment permit shall not be required for removal of such dead body from a tomb or vault for the purpose of burial, for reinterment of dead bodies after discontinuance of a public cemetery, as provided in RSA 289:15 and 289:16, if a body is to be removed within the geographic boundaries of the same cemetery, nor in a case where an autopsy has been ordered by a county attorney or the attorney general. No person shall assist in, assent to, or allow an

interment or disinterment to be made until a permit has been obtained under this section. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

Source. 1935, 95:1. RL 168:51. 1943, 157:1. RSA 290:5. 1983, 291:1. 1986, 22:3. 1994, 318:3. 1995, 310:181. 2005, 147:1. 2006, 141:12, eff. July 21, 2006.

Section 290:6

290:6 Return. – It shall be the duty of every funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17, or other person having charge of a burial place, who shall receive the permit, to complete it and forward it to the town clerk within 6 days after the burial.

Source. 1935, 95:1. RL 168:52. 1997, 325:14. 1999, 62:4, eff. Jan. 1, 2000.

Section 290:7

290:7 In Cities. – [Repealed 1997, 325:22, VIII, eff. Aug. 22, 1997.]

Section 290:8

290:8 Prerequisites. – No such permit shall be issued until there has been delivered to the division of vital records administration a death record completed in accordance with RSA 290:1.

Source. 1935, 95:1. RL 168:54. RSA 290:8. 1955, 95:1. 1979, 66:1. 1997, 325:15. 2003, 319:69, eff. July 1, 2003.

Section 290:9

290:9 Sub-Registrars. – [Repealed 1997, 325:22, IX, eff. Aug. 22, 1997.]

Section 290:10

290:10 Record of Death. – The record of death upon which the permit is issued shall be forwarded to the town clerk within 6 days after it is received.

Source. 1935, 95:1. RL 168:56.

Section 290:11

290:11 Release; Transfer of Body; Liability Limited. – I. No dead body of a human being may be released or transferred from any residence, hospital, or other facility to any person other than a funeral director or designee, or to the next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17 who shall be responsible for the completion of forms as required by RSA 290:12. II. The body of any deceased person may be transferred to another town for preparation or for burial or cremation only under the direction of a funeral director, next-of-kin, or designated agent; provided that death was not sudden, or the result of violence, and provided that such body shall be returned to the town in which death occurred within 36 hours, or a permit for permanent removal, as required by this chapter, has been secured within that time. III. Any person or institution releasing a body pursuant to this chapter shall be held harmless against and shall not be liable for, any harm, loss, cost, injury, damage, or claim of any kind whatsoever incurred by any party in connection with the release of the body.

Source. 1935, 95:1. RL 168:43. RSA 290:11. 1986, 22:4. 1999, 62:5, eff. Jan. 1, 2000.

Section 290:12

290:12 By Whom. – Such transfer shall be made under the direction of a funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17, and the funeral director, funeral director's representative, next-of-kin, or designated agent shall leave with the institution from which or the person from whom such body is received, on forms supplied by the department of health and human services, the name of the funeral director, next-of-kin, or designated agent, the name of the person making the transfer, such person's address, the funeral director's license number or the address of the next-of-kin, or designated agent, and the date and hour such body was delivered.

Source. 1935, 95:1. RL 168:44. RSA 290:12. 1983, 291:1. 1995, 310:181. 1999, 62:6, eff. Jan. 1, 2000.

Section 290:13

290:13 To Another Town. – Any body for which a burial or removal permit has been secured, in accordance with the provisions of this chapter, may be taken through or into another town for funeral services without additional permits.

Source. 1935, 95:1. RL 168:45.

Section 290:14

290:14 Penalty. – Any person who shall violate any of the provisions of RSA 290 shall be guilty of a misdemeanor.

Source. 1935, 95:1. RL 168:58. RSA 290:14. 1973, 528:187, eff. Oct. 31, 1973 at 11:59 p.m.

Section 290:15

290:15 Order for Disinterment. – A justice, upon complaint made on oath by any person that he has reasonable ground for suspecting that a deceased person who has been interred came to his death by some unlawful means, may issue his warrant, requiring that the body shall be disinterred and examined, and may summon and examine witnesses in relation to the truth of such complaint.

Source. RS 222:14. CS 237:14. GS 237:7. GL 255:7. PS 251:7. PL 365:7. RL 424:7.

Custody of Remains of Deceased Persons

Section 290:16

290:16 Definitions. – In this subdivision: I. "At-need funeral arrangements'' means funeral arrangements made after death. II. "Custody and control'' means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including but not limited to possession, at-need funeral arrangements, final disposition, and disinterment. III. "Estranged'' means living in separate residences and having a relationship characterized by hostility or indifference. IV. "Next-of-kin'' means a person having the following relationship to the subject, in the following order of priority: (a) The spouse. (b) An adult son or daughter. (c) A parent. (d) An adult brother or sister. (e) An adult grandchild. (f) An adult niece or nephew who is the child of a brother or sister. (g) A maternal grandparent. (h) A paternal grandparent. (i) An adult aunt or uncle. (j) An adult first cousin. (k) Any other adult relative in descending order of blood relationship. V. "Subject'' means the person whose remains are placed in the custody and control of another person pursuant to this section.

Source. 1996, 283:18, eff. Jan. 1, 1997.


Section 290:17

290:17 Custody and Control Generally. – The custody and control of the remains of deceased residents of this state are governed by the following provisions:

I. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. The person designated by the subject shall be entitled to no compensation or reimbursement of expenses related to the custody and control of the subject's body. II. If the subject has not left a written signed document designating a person to have custody and control, or if the person designated by the subject refuses custody and control, custody and control belong to the next of kin. III. If the next of kin is 2 or more persons with the same relationship to the subject, the majority of the next of kin have custody and control. If the next of kin cannot, by majority vote, make a decision regarding the subject's remains, the court shall make the decision upon petition under RSA 290:19, IV.

Source. 1996, 283:18. 1999, 62:10, eff. Jan. 1, 2000.


Section 290:18

290:18 Estranged Spouse. – Notwithstanding RSA 290:17, if the surviving spouse and the subject were estranged at the time of death, the spouse shall not have custody and control of the subject's remains. In this case, custody and control belong to the next of kin following the spouse.

Source. 1996, 283:18, eff. Jan. 1, 1997.

Section 290:19

290:19 Court Determination. – Notwithstanding other provisions of this subdivision, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject's remains if those having custody and control cannot agree. The following provisions apply to court determinations under this section: I. Before the subject's death, the subject or subject's legal representative may file a petition regarding custody and control of the subject's remains. II. A relative of the subject may file such a petition. III. A person who claims and establishes through evidence that person has or had a closer personal relationship to the subject than the next of kin may file a petition, if that person lived with the subject and was not in the employ of the subject or the subject's family. IV. If the next of kin is 2 or more persons with the same relationship to the subject, and the next of kin cannot, by majority vote, make a decision regarding the subject's remains, 2 or more persons who have custody or control or a funeral director may file a petition asking the court to make a determination in the matter. The court shall consider the following in making its determination: (a) The reasonableness and practicality of the proposed arrangement. (b) The degree of the personal relationship between the subject and each of the 2 or more

persons with custody and control. (c) The desires of the person or persons who are ready, able and willing to pay the costs of the arrangements. (d) The convenience and needs of other family and friends wishing to pay respects. (e) The expressed written desires of the subject. (f) The degree to which the arrangements would allow maximum participation by all wishing to pay respect.

Source. 1996, 283:18, eff. Jan. 1, 1997.

Section 290:20

290:20 Wishes of Subject. – If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes.

Source. 1996, 283:18, eff. Jan. 1, 1997.

Section 290:21

290:21 Effect of Payment by Others. – Except to the degree it must be considered by the court under RSA 290:19, IV, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have.

Source. 1996, 283:18, eff. Jan. 1, 1997.

Section 290:22

290:22 Authority of Personal Representative. – The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have.

Source. 1996, 283:18, eff. Jan. 1, 1997.

Section 290:23

290:23 Immunity. – A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions.

Source. 1996, 283:18, eff. Jan. 1, 1997.

Ownership of Cemetery Plots or Burial Spaces

Section 290:24

290:24 Ownership of Cemetery Plots or Burial Spaces. – The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions: I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership passes to that person, subject to the regulations established under RSA 289:2. II. If the deceased has not designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership shall be determined under the provisions of RSA 561:1 and RSA 289:2. III. Notwithstanding other provisions of this subdivision, when the ownership of a cemetery plot or burial space is unclear or in dispute, the court of probate for the residence of the deceased may, upon receipt of a petition filed by the next of kin or other interested party, render a determination regarding ownership of the cemetery plot or burial space in compliance with applicable law, including any regulations established by the municipality or cemetery trustees under RSA 289:2.

Source. 2000, 95:2. 2001, 9:1, eff. Jan. 1, 2002.

CHAPTER 289 CEMETERIES

Section 289:1

289:1 Definitions. – In this chapter, unless the context clearly requires otherwise: I. "Burial ground'' means a private family or religious institution's cemetery, mausoleum, or columbarium on private property and not available for use by the public. For purposes of this paragraph, the term "family'' shall mean members of the immediate family and any individuals related by blood or marriage or civil union to members of the immediate family. II. "Burial space'' means a lot in any cemetery, mausoleum, or columbarium as designed and intended for the interment of a human body, bodies, or remains, but presently not used for such purpose. III. "Cemetery'' means any cemetery owned, managed, or controlled by any municipality within this state or owned and managed by any nonprofit cemetery corporation chartered by the state. Mausoleums and columbariums shall be included within the term "cemetery.'' IV. "Cemetery association'' means a nonprofit cemetery corporation, the voting members of which are the owners of burial spaces in the cemetery owned and operated by the association. V. "Cemetery corporation'' means a nonprofit corporation organized for the purpose of operating a cemetery. VI. "Cemetery trustees'' means town cemetery trustees elected pursuant to the provisions contained in this chapter.

VII. "Corporate officer'' means the elected or appointed managing officer of a nonprofit corporation established to operate a cemetery for public interment. VIII. "Owner'' means any person or persons owning or possessing the privilege, license, or right of interment in any burial space, as determined under RSA 290:24.

Source. 1994, 318:2. 2000, 95:1. 2008, 319:1, eff. Aug. 31, 2008

Section 289:2

289:2 Municipality to Provide. – Every municipality shall provide one or more suitable cemeteries for the interment of deceased persons within its boundaries, which shall be subject to such regulations as the municipality may establish. In the absence of regulations established by vote of the legislative body, the cemetery trustees may establish such regulations pursuant to RSA 289:7, I(a). The operation and maintenance of all cemeteries owned and maintained by the municipality shall be in the charge of the cemetery trustees.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:3

289:3 Location. – All cemeteries and burial grounds shall be laid out in accordance with the following requirements: I. No cemetery shall be laid out within 100 feet of any dwelling house, schoolhouse or school lot, store or other place of business without the consent of the owner of the same, nor within 50 feet of a known source of water or the right of way of any classification of state highway. Existing cemeteries which are not in compliance with the above set-back requirements may be enlarged, provided that no portion of the enlargement is located any closer to the above-listed buildings, water sources or highways than the existing cemetery, and provided further that no such enlargement shall be located within 50 feet of any classification of state highway. II. Burials on private property, not in an established burial ground, shall comply with local zoning regulations. In the absence of such regulations, such burial sites shall comply with the requirements in paragraph I. The location of the burial site shall be recorded in the deed to the property upon transfer of the property to another person. III. New construction, excavation, or building in the area of a known burial site or within the boundaries of an established burial ground or cemetery shall comply with local zoning regulations concerning burial sites, burial grounds or cemeteries, whether or not such burial site or burial ground was properly recorded in the deed to the property. In the absence of such regulations, no new construction, excavation, or building shall be conducted within 25 feet of a known burial site or within 25 feet of the boundaries of an established burial ground or cemetery, whether or not such burial site or burial ground was properly recorded in the deed to the property, except when such construction, excavation, or building is necessary for the construction of an essential service, as approved by the governing body of a municipality in concurrence with the cemetery trustees, or in the case of a state highway, by the commissioner of the department of

transportation in concurrence with the cemetery trustees. IV. Nothing in this section shall be construed to conflict with RSA 290, local ordinances, or cemetery rules concerning burials and disinterments of human remains.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:4

289:4 Maintenance. – Every municipality shall raise and appropriate sufficient funds, by taxation or otherwise, to provide for the suitable care and maintenance of the municipal public cemeteries within its boundaries which are not otherwise provided for, and to provide and maintain around all such cemeteries a good and sufficient fence, and to supply the fence with necessary gates. Every municipality may raise and appropriate annually a sufficient sum to provide for the suitable care and maintenance of deserted burial grounds and cemeteries which have been declared abandoned in accordance with RSA 289:19-21.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:5

289:5 Cemetery Records. – The corporate officer or designee of a cemetery corporation or town cemetery trustees charged with the responsibility of operation and administration of any cemetery under their control shall keep a record of every burial showing the date of burial and name of the person buried, when these particulars can be obtained, and the lot, plot, or part of such plot or lot, in which the burial was made. Such records shall also be kept of every private burial site within a municipality by the owner of the land containing the burial site, and a copy of the information shall be supplied to the cemetery trustees who will maintain the municipal records of such sites. A copy of such record, duly certified, shall be furnished to any person on demand and payment of a fee established in compliance with RSA 91-A:4. The location of each cemetery and private burial site may be annotated on the municipal tax map.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:6

289:6 Cemetery Trustees. – I. Every municipality shall elect a board of cemetery trustees consisting of 3 members, unless a town at an annual or special town meeting votes that the board shall consist of 5 members. In the initial election of cemetery trustees, they shall be elected by ballot at an annual town meeting. One shall be elected for a one-year term, one for a 2-year term and one for a 3-year term. In towns with a board of 5 trustees the 2 additional trustees shall be appointed by the selectmen, one for one year and one for 2 years. Subsequent trustees shall be elected by ballot at the annual town meeting to replace those whose terms expire. The term of each trustee shall be 3 years. Vacancies shall be filled by the selectmen for

the remainder of the term. In cities the trustees shall be chosen and hold their office for such term as shall be provided by city ordinance. Trustees shall organize by electing one of their number chairperson and another bookkeeper, who shall keep the records and books of the trustees, and shall issue vouchers as necessary for funds to be expended. The chairperson and the bookkeeper may be the same member. II. Any town that has the town manager form of government may vote to not have cemetery trustees by delegating all of the duties and responsibilities of cemetery trustees to the town manager, as specified in RSA 289. This option may be adopted by a vote of the town meeting. The warrant article question to be voted shall be: "Shall we discontinue the board of cemetery trustees by delegating their duties and responsibilities to the town manager?'' If the majority votes in the affirmative, then the discontinuance shall take effect 90 days after adoption. II-a. (a) Any town, with a traditional town meeting form of government, may adopt by a vote of the town meeting to have the board of selectmen serve for the term of elected office as the cemetery trustees. The warrant article to be voted shall be: "Shall we delegate the duties and responsibilities of the cemetery trustees to the board of selectmen?'' (b) If the majority vote in the affirmative then the delegation shall take effect 90 days after adoption and shall continue until rescinded by vote of the town meeting. III. At any subsequent town meeting, the town may vote to reinstate the board of cemetery trustees. A new board of cemetery trustees shall be elected at the town meeting next following the vote to reinstate the board of cemetery trustees. IV. Any town that has a municipal charter form of government may specify in its charter the procedure to be utilized for the election or appointment of cemetery trustees. Such procedure shall be adopted under the provisions of RSA 49-B.

Source. 1994, 318:2. 1995, 62:1, 2, eff. July 8, 1995.

Section 289:7

289:7 Powers and Duties. – I. Except in those municipalities in which other provisions have been made by a general or special act of the legislature, all cemetery trustees in the state shall: (a) Adopt bylaws and regulations for their transaction of business and for the establishment and management of all municipal cemeteries within their responsibility. (b) Prepare an annual budget indicating what support and maintenance of the municipal public cemeteries will be required out of public funds for submission to the appropriate agency of the municipality. A separate budget request shall be submitted for planning and establishment of a new public cemetery and for capital improvements or expansion of an existing public cemetery. (c) Expend all moneys raised and appropriated by the municipality for cemetery purposes. Such funds shall be maintained in the general fund and paid in the same manner that funds of other municipal departments are paid. (d) Expend income from all trust funds for cemetery purposes in accordance with the conditions of each donation or bequest accepted by the municipality. Such trust funds shall be held in the custody and under the management of the trustees of trust funds. The

trust income shall be transferred to the cemetery trustees by the trustees of trust funds in response to vouchers executed by the cemetery trustees, if the requested funds are available. Such trust fund income shall not be commingled with the moneys raised and appropriated by the municipality. (e) Prepare deeds of cemetery lots for the governing body to sign. II. Cemetery trustees may appoint a cemetery custodian or sexton who shall not be a trustee and who shall be responsible to the cemetery trustees for supervising work done in the cemeteries.

Source. 1994, 318:2. 1995, 62:3, eff. July 8, 1995.

Section 289:8

289:8 Enforcement. – Any person designated as a cemetery trustee failing to comply with the provisions of RSA 289:7 shall be guilty of a violation. Any other person who violates this chapter or any regulation established under the authority of this chapter shall be guilty of a violation.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:9

289:9 Use of Trust Funds. – Cemetery corporations and the trust fund trustees of municipalities may take and hold funds in trust, and may apply the income of the trust to the improvement, watering, or embellishment of the cemetery, or to the care, preservation, or embellishment of any lot or its appurtenances.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:10

289:10 Investments. – Cemetery corporations holding funds in trust as provided in RSA 289:9 may establish, maintain, and operate common trust funds as provided in RSA 31:27-30.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:11

289:11 Accounting. – Whenever any cemetery corporation shall take and hold trust funds according to the provisions of RSA 289:9, such corporation shall keep in its books an account of all funds received and held by it in the same manner as required of municipalities, and the account of any such fund shall be open to inspection by any person having an interest in the proper administration of the trust.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:12

289:12 Reports. – A copy of the annual financial report of such corporations shall be filed with the attorney general, unless otherwise required by law to file such a report with any town, city, county, or state agency.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:13

289:13 Cemetery Association Termination. – Any cemetery laid out by an individual or corporation and located within the municipality, in which all lots have been sold and for the care of which trust funds are held by the municipality, may be deeded to the municipality with no implied financial liability to the municipality for the maintenance of the cemetery over and above the trust fund income, provided the municipality votes to accept such cemetery transfer. Municipalities may raise and appropriate additional funds for the care of such cemeteries. Upon the transfer of the title to the cemetery, the municipal cemetery trustees shall have the sole management responsibility for the cemetery.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:14

289:14 Right of Way to Private Burial Ground. – Any person wishing to have a temporary right of entry over private land in order to enter a private burial ground enclosure to which there is no public right of way may apply in writing to the selectmen of a town or the mayor of a city stating the reason for such request and the period of time for which such right is to be exercised. The applicant shall also notify in writing the owner or occupier of the land over which the right of way is desired. The selectmen or mayor, in the exercise of discretion and in consultation with the cemetery trustees, may issue a permit for such temporary right of entry designating the particular place where the land may be crossed. The owner or occupier of the land may recommend the place of crossing which, if reasonable, shall be the place designated by the selectmen or mayor.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:15

289:15 Discontinuance. – Whenever there is a public necessity for the discontinuance of any municipal cemetery and the removal of the remains of persons buried in such cemetery, the cemetery may be discontinued by a 3/4 vote of the legal voters present and voting at any town meeting held for the purpose, or by 3/4 of each board of the city councils present and voting.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:16

289:16 Reinterment. – The governing body may, at the expense of the municipality, disinter all the remains of persons buried in such cemetery and reinter the same in the unoccupied part of another cemetery within the municipality, such reinterment to be in the place designated by the nearest surviving relatives of the deceased persons or, in the absence of such surviving relative, by the cemetery trustees. Such removal and reinterment shall be done prudently and with proper care and attention.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:17

289:17 Removal of Monuments. – The monuments, gravestones, and other appurtenances attached to the graves shall be carefully removed and properly set up at the place of reinterment with as little injury as the nature of the case will admit. In case of injury to any monument, gravestone, or appurtenance, the damages shall be assessed by the governing body in the same manner and with the same right of appeal as in the case of alteration of the grade of highways.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:18

289:18 Forfeiture Procedures. – I. Whenever a burial space or spaces in any cemetery subject to the provisions of this subdivision have remained unused for a period of 50 years, and the owner has not improved such space or spaces by causing a monument, gravestone, or other permanent appurtenance to be placed on the burial space, the person, corporate manager, or cemetery trustees having jurisdiction over such cemetery may institute proceedings for the termination and forfeiture of the rights and interests of such owner. All purchase contracts for burial spaces executed after August 7, 1994, shall include a notice that this procedure may be invoked in the future. II. Whenever such person, corporate manager, or board of trustees determines that the conditions stated in paragraph I have been met, then they may send to the owner a notice of the intent to terminate and forfeit the owner's rights, served on the owner personally by a competent person or sent by certified mail with return receipt requested to the owner's last known address. III. When the owner receives the forfeiture notice, the owner may notify the cemetery management of continued intent to use the space, in which case this procedure shall be cancelled, or the owner may return the space to the cemetery and receive in compensation the same amount the owner paid for the space, less any portion of the original purchase price that was specified for inclusion in a perpetual care trust fund. IV. If no response is received from the owner for 60 days, the cemetery management may advertise in a paper of local distribution for information regarding the present whereabouts of the owner. If information is forth-coming, the notification process shall

be repeated using the new address information. If no information is received, the original purchase contract may be voided and the space sold to a new owner. Any owner contacting the cemetery management after the space has been resold shall be reimbursed the amount he originally paid, including the portion set aside for perpetual care.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:19

289:19 Neglected Burial Ground. – Whenever a burial ground within the boundaries of the town has been neglected for a period of 20 years or more, the municipality may declare it abandoned for purposes of preservation, maintenance or restoration.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:20

289:20 Procedure. – To declare a burial ground abandoned: I. The municipality shall place an advertisement in at least one newspaper having general distribution in the municipality and surrounding area. The advertisement shall state the intent of the municipality, identifying the burial ground by name, if known, and by names and dates of the oldest stones in the burial ground, with a request for any direct descendent to contact the town selectmen's office, the town manager, or mayor, as applicable. If the burial ground contains no stones with legible inscriptions, the site may be identified by a detailed description of its location. II. Not less than 60 days nor more than 90 days after the notice of the intent has been published, the notice shall be read at a regularly scheduled selectmen's meeting or in the case of a city, a city council meeting. III. If any descendants were located and grant permission, or if no descendants were located, then, after a public hearing, the municipality may declare the burial ground abandoned by a majority vote of the selectmen or city councilmen present and voting.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Abandoned Burial Grounds

Section 289:21

289:21 Rights and Responsibilities. – Any burial ground declared abandoned under these provisions shall become a municipal cemetery for management purposes and shall be managed by the cemetery trustees, who shall assume all the authorization and rights of natural lineal descendants.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:22

289:22 Stone Rubbings. – No person shall make gravestone rubbings in any municipal cemetery or burial ground without first obtaining the written permission of the town selectmen or the mayor of a city or designee. Before granting such permission, the selectmen or mayor will ascertain to the best of their ability that the person making the request knows the proper precautions to be taken and the proper materials to be used for this activity. The town selectmen or city mayor or their designee shall notify the cemetery trustees of the request and its disposition. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

Source. 1994, 318:2, eff. Aug. 7, 1994.

Section 289:23

289:23 Other Unauthorized Acts. – All other unauthorized conduct under RSA 635:6 and 635:7 regarding the abuse of cemeteries shall be penalized as provided in RSA 635:8.

Source. 1994, 318:2, eff. Aug. 7, 1994.

CHAPTER 325-A CREMATION OF HUMAN REMAINS

Section 325-A:1

325-A:1 Definitions. – In this chapter: I. "Alternative container'' means a container in which human remains are placed in a cremation chamber for cremation. II. "Authorizing agent'' means a person vested with the right to control the disposition of human remains pursuant to RSA 290. III. "Board'' means the state board of registration of funeral directors and embalmers established under RSA 325:2. IV. "Casket'' means a rigid container made of wood, metal, or other similar material, ornamented and lined with fabric, which is designed for the encasement of human remains. V. "Cremated remains'' means the residue of human remains recovered after cremation and the processing of such remains by pulverization, leaving only bone fragments reduced to unidentifiable dimensions, and the unrecoverable residue of any foreign matter, such as eyeglasses, bridgework, or other similar material, that was cremated with the human remains. VI. "Cremated remains receipt form'' means a form provided by a crematory authority to an authorizing agent or his or her representative that identifies cremated remains and the person authorized to receive such remains.

VII. "Cremation'' means the technical process that uses heat and evaporation to reduce human remains to bone fragments. VIII. "Cremation chamber'' means the enclosed space within which a cremation takes place. IX. "Crematory'' means a building or portion of a building which contains a cremation chamber and holding facility. X. "Crematory authority'' means the legal entity subject to licensure by the board to maintain and operate a crematory and perform cremation. XI. "Crematory operator'' means a person who is responsible for the operation of a crematory. XII. "Delivery receipt form'' means a form provided by a funeral establishment to a crematory authority to document the receipt of human remains by such authority for the purpose of cremation. XIII. "Funeral director'' means funeral director as defined in RSA 325. XIV. "Holding facility'' means the area of a crematory designated for the retention of human remains prior to cremation and includes a refrigerated facility. XV. "Human remains'' means the body of a deceased person, or a human body part, in any stage of decomposition and includes limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research. XVI. "Permanent container'' means a receptacle made of durable material for the long-term placement of cremated remains. XVII. "Temporary container'' means a receptacle made of cardboard, plastic, or other similar material in which cremated remains are placed prior to the placement of such remains in an urn or other permanent container.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:2

325-A:2 Crematory; License Required. – A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the board under this chapter. The board shall issue a license to a crematory authority that satisfies the requirements for licensure under the chapter. Human remains shall not be cremated in this state except at a crematory operated by a crematory authority licensed under this chapter.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:3

325-A:3 Building and Location Requirements. – I. A crematory shall conform to all building codes and environmental regulations. II. A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:4

325-A:4 License; Application; Requirements; Fee. – An applicant for an initial or renewal license as a crematory authority shall file a written application with the board. The application shall be accompanied by the license fee required under RSA 325-A:7 and a certificate confirming that the crematory operator has attended, prior to issuance of the license, a training course provided by the Cremation Association of North America or by the manufacturer of the cremation chamber maintained and operated by the crematory authority and shall set forth the full name and address of the applicant, the address and location of the crematory, the name of the crematory operator, the name and address of the owner of the crematory, and additional information as required by the board, including affirmative evidence of the applicant's ability to comply with rules adopted under this chapter. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and shall only be used for administrative purposes.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:5

325-A:5 License; Expiration. – Except as otherwise provided in this chapter, licenses issued pursuant to this chapter shall expire 5 years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:6

325-A:6 Change in Location, Ownership, or Name. – I. A crematory authority desiring to relocate a crematory shall file a written application with the board at least 30 days prior to the designated date of such relocation. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A. II. A crematory authority desiring to change ownership of a crematory shall file a written application with the board at least 30 days prior to the designated date of such change. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A. III. A crematory authority desiring to change its name shall file a written application with the board at least 30 days prior to such change. The application shall be accompanied by a fee as determined in rules adopted under RSA 541-A.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:7

325-A:7 Licensure; Fees. – I. The application for an initial or renewal license as a crematory authority shall include a fee determined in rules adopted under RSA 541-A. II. If the license application is denied, the license fee shall be returned to the applicant, except that the board may retain an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial. III. The board shall collect a fee for reinstatement of a license that has lapsed or has been suspended. The board shall collect a fee for a duplicate original license. IV. The board shall collect a fee for a certified statement that a crematory authority is licensed in this state and a fee for verification that a crematory authority is licensed in this state. V. All fees collected by the board under this chapter shall be remitted to the state treasurer for deposit in the general fund of the state.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:8

325-A:8 Inspection; Board; Duties; Authority for Appointments. – I. The board shall at least once every 3 years inspect or provide for the inspection of any crematory operated by a crematory authority licensed under this chapter in such manner and at such times as provided in rules adopted by the board. II. The board shall issue an inspection report and provide a copy of the report to the crematory authority within 10 working days after the completion of an inspection. The board shall review any findings of noncompliance contained in such report within 20 working days after such inspection. III. If the board determines, after such review, that the evidence supports a finding of noncompliance by a crematory authority with any applicable provisions of this chapter or rules adopted under this chapter, the board may send a letter to the crematory authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the crematory authority submit a statement of compliance within 10 working days, and a notice that the board may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the crematory authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the crematory authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the board may take further action as provided in this chapter. IV. (a) The board may appoint technical advisors or other investigators to assist with any investigation or adjudication, and may, with the approval of the attorney general, appoint legal counsel for such purposes. (b) To the extent the board lacks budgeted funds to conduct a significant investigation or adjudication, it may, with the approval of the attorney general, petition governor and council to receive funds not otherwise appropriated in order to retain professional

advisors in the proceeding. (c) If the governor and council approve the use of funds not otherwise appropriated, the governor is authorized to issue a warrant for the approved amount out of any moneys in the treasury not otherwise appropriated. The board shall then promptly increase its licensing fees to the extent necessary to repay the amount advanced to the general fund during the next fiscal year by means of a fee surcharge.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:9

325-A:9 Complaints. – I. Any person may submit a complaint to the board and request investigation of an alleged violation of this chapter or rules adopted under this chapter. The board shall review all complaints and determine whether to conduct an investigation relating to such complaints. II. A complaint submitted to the board under this section shall be confidential. A person submitting such complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting the complaint or for disclosure of documents, records, or other information to the board relating to such complaint.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:10

325-A:10 Imminent Danger; Board Powers. – I. If the board determines that a crematory authority is operating a crematory so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such crematory, the board may order the temporary suspension or temporary limitation of the license of the crematory authority and may order the temporary closure of the crematory pending further action by the board. A hearing shall be held by the board no later than 10 days after the date of such order. The board shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license of the crematory authority. II. A continuance of the hearing under paragraph I shall be granted by the board upon written request from the crematory authority. Such continuance shall not exceed 30 days. III. A temporary suspension or temporary limitation order by the board under this section shall take effect when served upon the crematory authority and shall not exceed 90 days. If further action is not taken by the board within such period, the temporary suspension or temporary limitation shall expire.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:11

325-A:11 Deny or Refuse to Renew License; Grounds. – The board may deny or refuse to renew a license under this chapter or take disciplinary action against a crematory authority licensed under this chapter as provided in RSA 325-A:12 on any of the following grounds: I. Violation of this chapter or rules adopted and pursuant to this chapter; II. Conviction of any crime involving moral turpitude; III. Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory; IV. Conviction of a violation pursuant to RSA 325-A:15; V. Obtaining a license as a crematory authority by false representation or fraud; VI. Misrepresentation or fraud in the operation of a crematory; or VII. Failure to allow access by an agent or employee of the board to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the board.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:12

325-A:12 Disciplinary Actions. – I. The board may impose any one or more of the following types of disciplinary action against a crematory authority licensed under this chapter: (a) A fine not to exceed $20,000 per violation; (b) A limitation on the license and upon the right of the crematory authority to operate a crematory to the extent, scope, or type of operation, for such time, and under such conditions as the board finds necessary and proper; (c) Placement of the licensee on probation for a period not to exceed 2 years during which the crematory may continue to operate under terms and conditions fixed by the order of probation; (d) Suspension of the license for a period not to exceed 2 years during which the crematory may not operate; and (e) Revocation and permanent termination of the license. II. Any fine imposed and unpaid under this chapter shall constitute a debt to the state of New Hampshire which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the state in the superior court of the county in which the crematory is located. The board shall, within 30 days after receipt, remit any such fines to the state treasurer for deposit in the general fund.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:13

325-A:13 Appeal. – Any party to a decision of the board under this chapter may appeal such decision. The appeal shall be in accordance with RSA 541.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:14

325-A:14 License Reinstatement or Relicensure. – I. If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the board and payment of the applicable fee as provided in RSA 325-A:7. II. If the license of a crematory authority has been placed on probation, such license shall be eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the board determines an inspection is warranted. III. If the license of a crematory authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in RSA 325-A:7. IV. If the license of a crematory authority has been suspended, such license may be reinstated by the board prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the board may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the board shall grant full reinstatement of the license, modify the suspension, or deny the petition for reinstatement. The board's decision shall become final 30 days after mailing the decision to the licensee unless the licensee requests a hearing within such period. Any requested hearing shall be held according to rules of the board. V. If the license of a crematory authority has been revoked, such crematory authority shall not be eligible for relicensure until 5 years after the date of such revocation. A reapplication for an initial license may be made by the crematory authority at the end of such 5-year period.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:15

325-A:15 Acts Prohibited; Penalty. – I. Maintaining or operating a crematory in violation of this chapter or any rules of the board is a public nuisance and may be abated as a nuisance as provided by law. II. It shall be a felony to establish, operate, or maintain a crematory subject to this chapter without being licensed as a crematory authority under this chapter, to hold oneself out to the public as a crematory authority without being licensed, or to perform a cremation without a cremation authorization form signed by the authorizing agent and a completed permit for transit or cremation as provided by the board or a cremation permit. III. Signing a cremation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a felony. IV. A violation of any other provision of this chapter is a misdemeanor.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:16

325-A:16 Injunctions. – The board may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under this chapter. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a crematory without obtaining a license as a crematory authority under this chapter, without alleging any further or more particular facts concerning the same.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:17

325-A:17 Right to Authorize Cremation. – The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to RSA 290.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:18

325-A:18 Medical Examiner's Certificate. – I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be cremated by the crematory authority until the crematory authority has received the certificate of burial permit required by law before burial, and a certificate from a medical examiner that he or she has viewed the body and made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for cremation, the transfer shall not occur until the medical examiner has conducted such a view and inquiry and has issued a certificate. If the death occurs without the state, the reception and cremation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner. II. The crematory authority shall forward a copy of the cremation certificate to the office of the chief medical examiner, accompanied by a $60 fee. The fee shall be deposited in the medico-legal investigative fund established pursuant to RSA 611-B:28.

Source. 2006, 288:2, eff. July 1, 2006. 2007, 324:16, eff. Sept. 14, 2007. 2008, 197:1, eff. June 11, 2008.

Section 325-A:19

325-A:19 Crematory Authority. – I. A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the crematory or his or her representative and the funeral director or his or her representative, or the next-of-kin or designated agent as provided in RSA 290. II. If a crematory authority is unable to cremate the human remains immediately upon taking receipt thereof, the crematory authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to comply with all applicable public health laws, provide for the health and safety of persons employed at such facility, and prevent any unauthorized access to such facility. III. A crematory authority may refuse to accept for holding an alternative container or casket from which there is any evidence of leakage of the body fluids from the human remains in the container. IV. If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than 24 hours from the time of death unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:20

325-A:20 Crematory Operation; Limitations. – I. No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber. II. The human remains of more than one person shall not be simultaneously cremated within the same cremation chamber unless the crematory authority has received specific written authorization from the authorizing agent for the human remains to be so cremated.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:21

325-A:21 Crematory Authority; Requirements. – I. A crematory authority shall not accept human remains for cremation without a proper label placed on the exterior of the alternative container or casket indicating the name of the deceased and the name and location of the funeral establishment, or the name of the next-of-kin or designated agent as provided in RSA 290. II. No crematory authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket. No crematory authority shall refuse to accept human remains for cremation if the human remains are not in a casket. III. No crematory authority shall accept human remains for cremation unless the human

remains are delivered to the crematory authority in an alternative container or casket or delivered to the crematory authority's holding facility to be placed in an alternative container or casket. Human remains delivered to a crematory in an alternative container shall not be removed from the alternative container, and the alternative container shall be cremated with the human remains. A crematory authority may refuse a noncombustible casket or any other container that is not an alternative container or a casket or container that is not labeled as required under paragraph I. IV. An alternative container shall: (a) Be composed of readily combustible materials suitable for cremation; (b) Be able to be closed to provide for complete encasement of the human remains; (c) Be resistant to leakage or spillage; (d) Be rigid enough for easy handling; and (e) Provide protection for the health and safety of persons handling such container.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:22

325-A:22 Cremation Authorization Form. – I. A crematory authority shall not cremate human remains until it has received a cremation authorization form as provided in paragraph II, a completed and executed permit for transit or cremation as provided by the board or the appropriate cremation permit from the state from which the human remains were delivered, indicating that the human remains are to be cremated, and a delivery receipt form. II. A cremation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information: (a) The name of the deceased; (b) Date and place of death; (c) The identity of the funeral director involved in the preparation of the human remains for cremation, if any; (d) Notification that the death did or did not occur from a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health; (e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased; (f) Authorization by the authorizing agent for the crematory authority to cremate the human remains; (g) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; (h) A representation that the human remains do not contain any material, implants, or conditions that may be potentially hazardous to equipment or persons performing the cremation; (i) The name of the person authorized to claim the cremated remains from the crematory authority; and (j) The intended disposition of the cremated remains. III. A crematory authority shall retain, for at least 7 years after the cremation, in printed

or electronic format with suitable backup, copies of the cremation authorization form, permit for transit or cremation as provided by the board or cremation permit, cremated remains receipt form, delivery receipt form, and any other records required under this chapter.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:23

325-A:23 Signature. – I. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any person signing a cremation authorization form is personally liable for all damages resulting from false, incorrect, or misleading information contained on such form. II. A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent and a completed and executed permit for transit or cremation or cremation permit as required by law.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:24

325-A:24 Potentially Hazardous Conditions. – I. No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is removed or corrected prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of such potentially hazardous implant or condition in the human remains, the funeral director shall ensure that all necessary steps have been taken to remove or correct the implant or condition before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal or correction of the hazardous implant or condition prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with hazardous implants or conditions are in the custody of a crematory authority, such authority shall have the hazardous implants or conditions removed or corrected by a licensed funeral director and embalmer or a licensed embalmer at a funeral establishment within an embalming preparation room, or at a medical facility by appropriate medical personnel, or at the crematory by an assistant deputy medical examiner of the department of justice. II. No human remains shall be cremated with the knowledge that the human remains contain jewelry or other valuables unless authorized by the authorizing agent. The authorizing agent shall take all necessary steps to ensure that any jewelry or other valuables are removed prior to cremation. If the authorizing agent informs the funeral

director and the crematory authority on the cremation authorization form of the presence of jewelry or other valuables on the human remains, the funeral director shall ensure that all necessary steps have been taken to remove the jewelry or other valuables before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal of the jewelry or other valuables prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with jewelry or other valuables are in the custody of a crematory authority, such authority shall provide for the removal of such jewelry or other valuables by a licensed funeral director and embalmer or his or her agent.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:25

325-A:25 Disputes. – I. If a crematory authority or funeral establishment is aware of any dispute concerning the cremation of human remains, or has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the crematory authority receives a court order that a dispute with respect to such remains has been settled, the crematory authority or funeral establishment may refuse to accept such human remains for cremation or to perform a cremation of such remains. II. If a crematory authority or funeral establishment is aware of any dispute concerning the release or disposition of cremated remains, the crematory authority or funeral establishment may refuse to release cremated remains until the dispute has been resolved or the crematory authority or funeral establishment has been provided with a court order authorizing the release or disposition of the cremated remains.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:26

325-A:26 Cremated Remains; How Treated. – I. Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the crematory authority. The remaining bone fragments shall be processed by pulverization so as to reduce the fragments to unidentifiable particles. This paragraph shall not apply when the commingling of human remains during cremation is otherwise authorized by law. The presence of incidental and unavoidable residue in the cremation chamber from a prior cremation is not a violation of this paragraph. II. The cremated remains with proper identification shall be placed in a temporary container or permanent container selected or provided by the authorizing agent. The cremated remains shall not be contaminated with any other object unless specific written authorization to the contrary has been received from the authorizing agent. III. If the entirety of the cremated remains will not fit within a temporary container or

permanent container, then the remainder of such remains shall be returned to the authorizing agent or his or her representative in a separate container with proper identification. IV. If the cremated remains are to be shipped, the temporary container or permanent container shall be packed securely in a suitable shipping container that complies with the requirements of the shipper. Unless otherwise directed in writing by the authorizing agent, cremated remains shall be shipped only by a method which includes an internal tracking system and which provides a receipt signed by the person accepting delivery of such remains.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:27

325-A:27 Cremated Remains; Final Disposition. – I. For purposes of this chapter, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of 60 days after the date of cremation, the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of the cremated remains or claimed the cremated remains for final disposition as provided in this section, the crematory authority or the funeral establishment in possession of the cremated remains may dispose of the cremated remains after making a reasonable attempt to contact the authorizing agent or his or her representative. This method of disposition may be used by any crematory authority or funeral establishment to dispose of all cremated remains in the possession of a crematory authority or funeral establishment on or after the effective date of this chapter. II. Cremated remains shall be delivered or released by the crematory authority to the representative specified by the authorizing agent on the cremation authorization form. The owner of the crematory authority or his or her representative and the party receiving the cremated remains shall sign a cremated remains receipt form. The form shall include the name of the deceased, the date, time, and place of receipt of the cremated remains, and the signatures of the owner of the crematory or his or her representative and the authorizing agent or his or her representative. If the cremated remains are shipped, a form used by the shipper may be used in lieu of a completed cremated remains receipt form if the shipper's form contains the information required for a cremated remains receipt form. Both the party delivering such remains and the party receiving such remains shall retain a copy of the cremated remains receipt form or shipper's form. Upon delivery, the cremated remains may be further transported within this state in any manner without a permit.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:28

325-A:28 Rulemaking. – The board shall adopt rules, pursuant to RSA 541-A relative to: I. Procedures for licensure of crematory authorities.

II. Establishing all required fees. III. The content of all forms. IV. Conditions under which human remains of persons whose death was caused by a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health may be transported in this state to a crematory for the purpose of cremation. The board shall consult with the chief medical examiner on rules adopted under this paragraph. V. Minimum sanitation standards for all crematories. VI. Inspection procedures for crematories as required under RSA 325-A:8.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:29

325-A:29 Crematory Authority; Bylaws. – A crematory authority may enact reasonable bylaws not inconsistent with this chapter for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain more stringent requirements than those provided in this chapter.

Source. 2006, 288:2, eff. July 1, 2006.

Section 325-A:30

325-A:30 Chapter Construed. – I. This chapter shall be construed and interpreted as a comprehensive cremation law, and the provisions of this chapter shall take precedence over any existing laws or rules that govern human remains that do not specifically address cremation. II. The disposal of human remains through a reductive process utilizing alkaline hydrolysis is prohibited.

Source. 2006, 288:2, eff. July 1, 2006. 2008, 262:1, eff. June 26, 2008.

CHAPTER 325 EMBALMERS AND FUNERAL DIRECTORS

Section 325:1

325:1 Definitions. – In this chapter: I. "Apprentice'' means any person engaged in embalming under the instruction and supervision of an embalmer duly licensed under the provisions of this chapter and actively engaged in embalming in this state. II. "Associate funeral director'' means an individual who is duly licensed, by passage of a

written examination, in another state and who has either secured potential employment as a funeral director or has committed to the purchase of an existing funeral home in this state upon licensure. III. "Board'' means the state board of registration of funeral directors and embalmers established under RSA 325:2. IV. "Continuing education'' means planned, organized learning experiences designed to augment the knowledge, skills, and attitudes of embalmers and funeral directors for the enhancement of the funeral profession. V. "Embalmer'' means any person engaged, or holding oneself out as engaged, in embalming, whether on the person's own behalf or in the employ of another, and shall include any person who uses, in connection with the name, the word "embalmer,'' or any other word or title intending to imply or designate the person as an embalmer, or as one engaged in embalming. VI. "Embalming'' means the business, practice, science, or profession of preserving, disinfecting, and preparing in any manner dead human bodies for burial, cremation, or transportation. VII. "Funeral directing'' means the business, practice, or profession of: (a) Directing or supervising funerals; (b) The preparation or disposal of dead human bodies; (c) Conducting or maintaining a preparation room or establishment equipped with necessary drainage and ventilation, which contains the necessary instruments and supplies for the preparation and embalming of dead human bodies for burial, cremation, or transportation; or (d) Conducting or maintaining a funeral home or parlor, mortuary or funeral chapel from which funerals may be held and in which services may be conducted. VIII. "Funeral director'' means any person engaged, or holding oneself out as engaged, in funeral directing or who uses in connection with the name or business the words "funeral director,'' "mortician,'' or any other word or title intending to imply or designate the person as a funeral director, undertaker, or mortician. IX. "Funeral home'' means every place or premise devoted to or used in the care and preparation for the funeral and burial of dead human bodies or maintained for the convenience of the bereaved for viewing or other services in connection with dead human bodies or as an office or place for carrying on the profession of funeral directing. X. "Person'' includes corporations, partnerships, associations, or other organizations. XI. "Student apprentice'' means an apprentice registered with a postsecondary institution of mortuary science accredited by the American Board of Funeral Service Education.


Section 325:2

325:2 Board. – I. There shall be a board of registration of funeral directors and embalmers consisting of 5 members, including 4 funeral directors or embalmers and one public member, appointed by the governor, with the approval of the council, to serve terms of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. The commissioner of

the department of health and human services, or his designee, shall serve as a non-voting secretary of the board. II. Professional members of the board shall: (a) Be residents of this state; (b) Have at least 5 years' practical experience in funeral directing or embalming; and (c) Have been engaged in funeral directing or embalming within the state for at least 5 years. III. The public members of the board shall be persons who are not, and never were, members of the regulated profession or the spouse of any such person, and who do not have, and never have had, a material financial interest in either the provision of mortuary services or an activity directly related to funeral directing or embalming, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment. IV. The board shall be an administratively attached agency, under RSA 21-G:10, to the department of health and human services. In addition, the board shall be subject to the provisions of RSA 126-A:10-a.

Source. 1935, 95:1. RL 168:2. RSA 325:2. 1973, 366:1. 1981, 487:3. 1983, 291:1. 1985, 416:6. 1987, 134:3. 1995, 310:182, eff. Nov. 1, 1995. 2010, 118:7, eff. July 1, 2010.

Section 325:3

325:3 Appointment. – [Repealed 1981, 487:26, I, eff. July 1, 1981.]

Section 325:4

325:4 Term of Office. – [Repealed 1981, 487:26, II, eff. July 1, 1981.]

Section 325:5

325:5 Removal From Office. – Any member of said board may be removed by the governor and council for cause.

Source. 1935, 95:1. RL 168:5.

Section 325:6

325:6 Compensation. – The members of the board shall receive the sum of $50 per day while actually engaged upon the business of the board and shall be reimbursed for necessary traveling expenses incident to attendance upon the business of the board; provided that said compensation and expense shall be a charge upon the fund herein constituted and further provided that, in case said fund shall be insufficient to pay said compensation and expenses, the members of said board shall have no claim upon the state for said compensation.

Source. 1935, 95:1. RL 168:6. RSA 325:6. 1957, 77:1. 1971, 332:2. 1983, 325:6, eff. Aug. 17, 1983.

Section 325:7

325:7 Vacancies. – Vacancies in the board shall be filled by the governor with the advice and consent of the council for the unexpired term, and said appointment shall be made within 60 days from the date of such vacancy.

Source. 1935, 95:1. RL 168:7.

Section 325:8

325:8 Organization; Quorum. – Within 30 days after appointment and qualification of a member, the board shall meet and elect from among its members a chairperson and such other officers as the board may provide for by rule. This organization shall continue until the appointment of a new member or upon the resignation of an existing board officer. The office of secretary and treasurer may be held by one member. Three members shall constitute a quorum for the transaction of business.

Source. 1935, 95:1. RL 168:8. RSA 325:8. 1996, 283:2, eff. Jan. 1, 1997.

Section 325:8-a

325:8-a Board Duty; Crematory Licensing. – The board shall be responsible for the administration and enforcement of RSA 325-A relative to the cremation of human remains.

Source. 2006, 288:1, eff. July 1, 2006.

Section 325:9

325:9 Rulemaking Authority. – The board shall adopt rules, pursuant to RSA 541-A, relative to: I. The application procedure for a license to practice under this chapter; II. The qualifications of applicants in addition to those requirements set by RSA 325:13 and 14, and including the qualifications for satisfactory evidence of: (a) Completion of one year (30 credit hours) at an accredited postsecondary educational institution, and (b) Good professional character; III. How an applicant shall be examined, including the time and place of the examination; IV. How a license to practice under this chapter shall be renewed, including the requirements for continuing education; V. The establishment of all fees required under this chapter; VI. Ethical and professional standards required to be met by each holder of the license to practice under this chapter and how disciplinary actions by the board shall be

implemented for violation of these standards; VII. Matters related to the proper administration of this chapter; VIII. Procedures for hearing consistent with the requirements of due process; IX. The supervision of persons holding apprentice licenses under RSA 325:30; IX-a. The activities and duties of all unlicensed personnel employed in the removal and transportation of human remains; X. Conditions for reinstatement of a suspended or revoked license; and XI. Conditions for continuance of the business of a deceased funeral director under RSA 325:37.

Source. 1935, 95:1. RL 168:9. RSA 325:9. 1981, 487:4. 1983, 325:5. 1987, 185:1, eff. July 11, 1987.

Section 325:10

325:10 Secretary, Duties. – The secretary of the board shall keep a record of all proceedings of the board, issue all notices and certificates and attest such papers and orders and perform such other duties as may be designated or directed by the board. He may employ a clerk and expend for such employment a sum determined by the board.

Source. 1935, 95:1. RL 168:10. RSA 325:10. 1959, 128:1, eff. July 1, 1959.

Section 325:11

325:11 Register of Licensees. – The board shall keep a register in which shall be entered the names of all persons to whom licenses are issued, and this register shall be open to public inspection at the office of the board.


Section 325:12

325:12 Treasurer, Duties. – The treasurer of the board shall receive and keep a record in detail of all sums collected and paid to the state treasurer and all sums expended by the board. He shall pay over monthly to the state treasurer all moneys received by the board under the provisions of this chapter.

Source. 1935, 95:1. RL 168:12.

Section 325:12-a

325:12-a Fees. – The board shall establish fees for examination of applicants, for licenses and for renewal of licenses to practice under this chapter, for funeral home inspections, and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.

Source. 1981, 487:6. 1987, 185:2, eff. July 11, 1987.

Section 325:13

325:13 Embalmers; Qualifications. – No person shall embalm dead human bodies or engage or hold himself out as engaged in embalming, whether on his own behalf or in the employ of another, unless he shall: I. Be at least 18 years of age; II. Be of good professional character; III. (a) Have completed at least one year (30 credit hours) at an accredited postsecondary educational institution; or (b) Have completed successfully a course of instruction in an embalming school prior to 1975, have been actively licensed since graduation, and present to the board a letter of good standing from the licensing state; IV. Have completed a one year course in apprenticeship under the supervision of a duly licensed or registered embalmer actively engaged in embalming within the state; V. Have completed a full course of instruction in an embalming school maintaining at that time a standard satisfactory to the board; VI. Pass such examinations as the board may deem proper to ascertain his efficiency and qualifications to engage in embalming; and VII. Obtain the appropriate license from the board.

Source. 1935, 95:1. 1939, 76:2. RL 168:13. 1949, 154:1. RSA 325:13. 1973, 72:69; 354:1. 1981, 487:7. 1983, 325:1, 2. 1989, 264:2, eff. July 25, 1989.

Section 325:14

325:14 Funeral Directors; Qualifications. – No person shall engage or hold himself out as engaged in funeral directing, unless he: I. Is the holder of an embalmer's license; II. Has passed such examinations as the board may deem proper to ascertain his efficiency and qualifications to engage in funeral directing; and III. Obtains the appropriate license from the board.


Section 325:15

325:15 Corporations, etc. – No corporation or partnership shall be issued a license as a funeral director nor shall any corporation or partnership or any individual connected therewith publicly advertise such corporation or partnership as being licensed funeral directors. This section shall not apply to any corporation licensed prior to January 1, 1953, nor to any corporation whose application for a license or certificate was pending before the board on that date.

Source. 1935, 95:1. RL 168:15. 1949, 154:2. 1953, 150:1. RSA 325:15. 1981, 487:9, eff. July 1, 1981.

Section 325:16

325:16 Licensed Place of Business Required. – Funeral directing shall be conducted in a fixed place of business by and through a licensed funeral home.


Section 325:17

325:17 Inspection. – The board may inspect all places where funeral directing is conducted or where embalming is practiced. No such place shall be inspected more frequently than twice yearly, unless the board shall find that just cause or evidence of repeated complaints exists.

Source. 1935, 95:1. RL 168:17. RSA 325:17. 1981, 487:10. 1987, 185:3, eff. July 11, 1987.

Section 325:18

325:18 Examinations. – Examinations of applicants for licensure shall be held at least annually. Any person who desires to engage in funeral directing or embalming shall submit in writing to the board on forms provided by it an application for licensure accompanied by a fee established by the board. The board shall require the applicant to submit to such examinations as it may deem proper.


Section 325:19

325:19 Alternatives to the Board's Examination. – The board shall have the power, in its discretion, to accept in lieu of an examination documentation that an applicant has been practicing for 10 or more consecutive years in another state prior to filing an application to practice in New Hampshire and: I. A duly authenticated statement of a national board of examiners, or of a board duly approved by the Conference of Embalmers' Examining Boards of the United States, Inc., certifying the successful passage of an examination conducted by said board or boards; or II. Completion of a course of instruction at an embalming school taken prior to 1975, including passage of a written examination administered by another state, and licensure as evidence of practice in such other state from the time of original licensure to the date of application to practice in New Hampshire.


Section 325:20

325:20 Licensure. – The board shall issue to each applicant successfully passing the examination, where an examination is required, and who otherwise satisfies the board of his qualifications, a license, signed by all the members of the board, entitling him to practice or engage in the business in this state as a funeral director, embalmer, or both, as the case may be.


Section 325:21

325:21 Contents and Display of. – Every license shall specify the name of the person to whom it was issued, the address of his place of business or employment, and shall be conspicuously displayed, at all times, in his place of business or employment. Licenses shall not be assignable.


Section 325:22

325:22 Nonresidents. – The board may license any applicant who is licensed in any other state, provided: I. The applicant holds a current funeral director's or embalmer's license in his state of residence and is in good standing with the regulating state board. II. The applicant shall be subject to a 6-month apprenticeship during which time 25 solo case reports of funeral directing and embalming solely conducted by the applicant shall be submitted to the board. III. The applicant shall not possess more than a 25 percent ownership interest in a sponsoring funeral home during the first 3 years of his practice in New Hampshire. IV. Upon completion of the apprenticeship, the applicant shall pass the written examination required by the board pursuant to this chapter. V. The applicant shall be subject to review by the board on a yearly basis for the first 3 years of associate licensure. Upon approval he shall be eligible for permanent licensure upon application and payment of fees.

Source. 1935, 95:1. RL 168:22. RSA 325:22. 1957, 77:3. 1973, 354:2. 1981, 487:14. 1989, 264:4, eff. July 25, 1989.

Section 325:22-a

325:22-a Interstate Agreements. – The board may enter into an agreement with the corresponding licensing authority of any other state competent to enter into such agreement which shall permit a nonresident person duly registered and licensed as a funeral director or embalmer in any state signing the agreement with the board to go into the other state for the purpose of handling, embalming, transporting and burying dead

human bodies and directing funerals as though he were licensed under the laws of New Hampshire, except that he shall not maintain an establishment, advertise, have any agent or agency, or otherwise hold himself out as a funeral director or embalmer other than in his native state; provided that the agreement will set forth that the licensing authority of the state in which the funeral director or embalmer is licensed will assume the responsibility for instituting disciplinary action against any licensed funeral directors or embalmers who may be guilty of unprofessional conduct in the practice of their business in New Hampshire when such is reported by this board and the same to apply to New Hampshire licensed men.

Source. 1959, 128:2. 1981, 487:15, eff. July 1, 1981.

Section 325:23

325:23 Expiration. – All licenses issued under the provisions of this chapter shall expire on December 31 each year unless previously suspended or revoked.


Section 325:24

325:24 Notices of Expiration. – On or before November 15 in each year, the board shall mail to each holder of a license a notice of the expiration of his license and an application for the renewal thereof.


Section 325:25

325:25 Renewal of Licenses. – I. Every person licensed to practice under this chapter, except as provided in RSA 325:29, shall apply to the board for annual license renewal. The board shall require each licensee to show proof of meeting the continuing education requirement of RSA 325:28-a within the preceding year. Payment shall be made to the board secretary of a renewal fee established by the board. II. All licenses shall automatically lapse unless a timely and complete renewal application has been filed.

Source. 1935, 95:1. RL 168:25. RSA 325:25. 1957, 77:4. 1973, 354:3. 1977, 563:1. 1981, 487:18. 1996, 283:4, eff. Jan. 1, 1997.

Section 325:26

325:26 Application for Renewal. – [Repealed 1981, 487:26, III, eff. July 1, 1981.]

Section 325:27

325:27 Failure to Renew. – [Repealed 1981, 487:26, IV, eff. July 1, 1981.]

Section 325:28

325:28 Educational Meetings. – The board shall hold at least 2 educational meetings annually and at such times and at such places as it may determine. All expenses incurred by the board in connection with the meetings shall be certified for payment to and by the state treasurer and paid upon warrant of the governor from the special fund established in RSA 325:42. The secretary shall keep a record of attendance at state meetings and also, upon satisfactory proof thereof, of all licensees at all educational meetings held outside the state under auspices duly recognized and approved by the board.


Section 325:28-a

325:28-a Continuing Education Requirement. – As a condition of license renewal, the board shall require each licensee to attain a minimum number of continuing education credits annually as specified in the rules adopted by the board.

Source. 1996, 283:6, eff. Jan. 1, 1997.

Section 325:29

325:29 Apprentice Licenses. – No person shall assist in the embalming of dead human bodies for burial or cremation in any manner unless he holds a license as an apprentice.

Source. 1935, 95:1. RL 168:29.

Section 325:30

325:30 Issuance; Term; Renewal. – Apprentice licenses shall be issued for a period of one year and shall terminate one year from the date of issuance unless sooner ended by death, resignation, revocation or by ruling or decision of the board. Such licenses may be renewed in the discretion of the board. The fees for an original apprentice license shall be established by the board.

Source. 1935, 95:1. RL 168:30. 1953, 150:2. RSA 325:30. 1957, 77:6. 1973, 354:5. 1977, 563:3. 1981, 487:20. 1983, 325:4, eff. Aug. 17, 1983.

Section 325:31

325:31 Rules Governing. – The board may make such rules and regulations as it deems advisable for the qualifying or supervising of apprentices. No apprentice shall be

permitted to advertise or hold himself out to the public as a holder of a license in funeral directing or embalming.

Source. 1935, 95:1. RL 168:31.

Section 325:31-a

325:31-a Eye Procurement Technician Qualification. – No person shall perform eye tissue removal or processing pursuant to RSA 291-A:11 unless such person has successfully completed a course of training acceptable to a procurement organization as defined in RSA 291-A:2, XX. The procurement organization shall have the power to establish qualifications and terms for the successful completion of the course of training.

Source. 1979, 73:2. 1997, 336:2, eff. Jan. 1, 1998. 2010, 111:2, eff. July 31, 2010.

Section 325:32

325:32 Disciplinary Action. – I. The board may undertake disciplinary proceedings: (a) Upon its own initiative; or (b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor. II. Misconduct sufficient to support disciplinary proceedings under this section shall include: (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter; (b) Conviction of a felony or any offense involving moral turpitude; (c) Dishonest or unprofessional conduct related to the practice of the profession or any particular aspect or specialty of the profession including, but not limited to, violation of state or federal laws pertaining to the practice of the profession, violation of a nationally recognized ethical code or set of ethical principles pertaining to the profession, or violation of any ethical code or principles identified in rules adopted by the board. (d) Unfitness or incompetency to practice the profession or any particular aspect or specialty of the profession as evidenced, in a context related to the practice of the profession, by: (1) The intentional disrespect of a dead human body; (2) Gross or repeated negligence; or (3) A pattern of conduct inconsistent with the basic skills, knowledge or professional character expected of all licensees, or all licensees engaged in a particular specialty practice. (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him unfit to practice under this chapter; (f) Mental or physical incompetency to practice under this chapter; (g) Willful or repeated violation of the provisions of this chapter or any law or ordinance related to embalming or funeral directing, or any substantive rule of the board; or

(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated. III. The board may take disciplinary action in any one or more of the following ways: (a) By reprimand; (b) By fining; (c) By suspension of license for a period of up to 5 years or by limiting or restricting a license. (d) By revocation of certification; (e) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient; (f) By imposing civil penalties not to exceed $2,000 per offense or, in the case of continuing offenses, $200 per day, whichever is greater.

Source. 1935, 95:1. RL 168:32. RSA 325:32. 1981, 487:21. 1983, 325:7. 1987, 134:4. 1996, 283:7-10, eff. Jan. 1, 1997.

Section 325:32-a

325:32-a Reciprocal Discipline. – I. Upon receipt of a final order from the licensing authority of another jurisdiction which imposes disciplinary sanctions against a licensee or a person applying for a license, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary sanctions or, in the case of an applicant, license denial or restriction, should not be imposed in this state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. II. The board may commence a formal or informal investigation, or an adjudicative hearing, concerning allegations of misconduct and other matters within the scope of this chapter on its own motion whenever it has a reasonable basis for doing so, and the type of procedure chosen shall be a matter reserved to the discretion of the board. Formal or informal investigations may be conducted on an ex parte basis. III. The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing, and as provided by paragraph IV of this section. Subpoenas not addressed in paragraph IV shall be served in accordance with the procedures and fee schedules established by the superior court, except that: (a) Board licensees shall not be entitled to a witness fee or mileage expenses for travel within the state. (b) Witness fees and mileage expenses need not be tendered in advance if the subpoena is annotated "Fees Guaranteed by the New Hampshire Board of Registration of Funeral Directors and Embalmers.'' (c) The respondent shall be allowed at least 48 hours to comply. IV. The board may at any time subpoena the professional records of its licensees and relevant health care records from physicians, hospitals, and other health care providers or facilities licensed or certified by this state. Such subpoenas shall be served by certified

mail or by personal delivery to the address provided to the board pursuant to paragraph VI, and no witness or other fee shall be necessary for valid service. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter. V. A person holding or applying for licenses or other privileges granted by the board shall keep the board informed of such person's current business and residence addresses, and shall furnish written notice to the board of any change in such address within 30 days from the date the change occurs. A licensee or applicant shall have received adequate notice of any hearing or other action taken under this chapter if notice is mailed in a timely fashion to the most recent home or business address furnished under this paragraph. VI. (a) Complaints of licensee misconduct shall be in writing, and shall be treated as requests for the commencement of a disciplinary hearing to which the time limitations of RSA 541-A:29 shall not apply. (b) A complaint which fails to state a cause of action may be dismissed or summarily denied in whole or in part. (c) The board shall fairly investigate all complaints to the extent warranted by the allegations and the resources available to the board. Following an investigation, the board shall have discretion to decline to prosecute or to defer prosecution on allegations made in any complaint based upon the board's assessment of the seriousness of the alleged misconduct and the resources and priorities of the board. Board decisions deferring misconduct prosecutions shall be final and shall not be subject to judicial review. (d) Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. (e) The board may at any time settle misconduct allegations made in a complaint without the consent of the complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment in writing upon the terms of the proposed settlement. VII. The board may issue any disciplinary sanction or take any action with regard to any pending application pursuant to this section otherwise permitted by this chapter, including sanctions or actions which are more stringent than those imposed by the foreign jurisdiction. VIII. The board may adopt summary procedures for handling proceedings brought under this chapter, but shall furnish the respondent at least 10 days' written notice and a reasonable opportunity to be heard. The board may require a licensee to suspend practice in this state as a condition of postponing a hearing date established for allegations brought under this section.

Source. 1996, 283:11, eff. Jan. 1, 1997.

Section 325:32-b

325:32-b Temporary Suspension. – In cases involving imminent danger of life or health, the board may order suspension of a license or privilege granted under this chapter pending hearing for a period of no more than 60 days. In such cases, the basis for the board's finding of imminent danger of life or health shall be in writing and combined

with a hearing notice which complies with RSA 325:34, III and RSA 541-A:31, III. Notwithstanding the requirements of RSA 541-A:30, III, the board's hearing may commence no more than 30 days after the date of the order suspending the license. If the board does not commence the hearing within 30 days, the suspension order shall be automatically vacated, but a licensee shall be allowed additional time to prepare for or to complete a hearing under this section only by agreeing to a further suspension commensurate with the additional time extension.

Source. 1996, 283:11, eff. Jan. 1, 1997.

Section 325:33

325:33 Investigatory Powers of the Board; Complaints. – I. The board may investigate possible misconduct by licensees, and applicants, and any other matters within the scope of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation. Board investigations and information obtained by the board pursuant to such investigations, including complaints received under RSA 325:32, I(b), shall be privileged, confidential, and exempt from the public disclosure provisions of RSA 91-A, unless such information is subsequently included in the record in a public disciplinary hearing. The board may disclose information obtained in its investigations to law enforcement or health licensing agencies in this state or any other jurisdiction. II. (a) The board may appoint technical advisors or other investigators to assist with any investigation or adjudication, and may, with the approval of the attorney general, appoint legal counsel for such purposes. (b) To the extent the board lacks budgeted funds to conduct a significant investigation or adjudication, it may, with the approval of the attorney general, petition governor and counsel to receive funds not otherwise appropriated in order to retain professional advisors in the proceeding. (c) If the governor and counsel approves the use of funds not otherwise appropriated, the governor is authorized to issue a warrant for the approved amount out of any moneys in the treasury not otherwise appropriated. The board shall then promptly increase its licensing fees to the extent necessary to repay the amount advanced to the general fund during the next fiscal year by means of a fee surcharge. III. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board, or a person to whom the board has delegated appropriate authority, may mail a statement of the allegations being investigated to a licensee and order that person to provide a detailed and good faith written response to the allegations. In such circumstances, the board may also require a licensee to furnish complete copies of appropriate professional records concerning matters relevant to allegations at issue. In both instances, the licensee shall respond within a reasonable time period of not less than 15 days, as the board may specify in its written order.


Section 325:33-a

325:33-a Summons; Oath; Witnesses. – I. The board shall have the power to subpoena witnesses and administer oaths in any disciplinary proceedings, and to compel, by subpoena duces tecum, the production of papers and records. II. Witnesses summoned before the board shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by the board shall have the same effect as though issued for appearance before such court.

Source. 1987, 134:5, eff. May 7, 1987.

Section 325:34

325:34 Hearings, Decisions and Appeals. – I. Adjudicatory proceedings shall be open to the public. The board's public docket file for each such proceeding shall include a taped or written record of all oral hearings and shall be retained by the board for 6 years from the issuance of the final decision. II. (a) Any member of the board, or any other qualified person appointed by the board, may act as the presiding officer in adjudicatory proceedings and may issue oaths or affirmations to witnesses, rule on evidentiary and other procedural matters, and prepare a recommended decision. (b) If the person acting as a presiding officer prepares a recommended decision, that person shall not participate in the board's deliberations. (c) If a nonboard member acts as a presiding officer, and no recommended decision is prepared, that person may participate in board deliberations only to the extent of providing technical assistance to the board in preparing its final decision. III. (a) Except as otherwise provided by this chapter or RSA 541-A:30, respondents in an adjudicatory proceeding shall receive at least 15 days' written notice of the date, time, and place of a hearing. Hearing notices shall include an itemization of the issues to be heard and shall be public documents. (b) When a board issues a hearing notice after investigation of allegations contained in a written complaint, the hearing notice shall constitute a final determination of the complainant's request for the commencement of a disciplinary proceeding on each of the allegations raised in the complaint. The hearing notice shall be served upon the complainant as well as the licensee, and shall provide the complainant with an opportunity to intervene subject to restrictions which reasonably advance the public interest objectives of this chapter. (c) Any person appearing as a party or witness in an adjudicatory proceeding, or any person who is the subject of an investigation, or who is questioned in an investigation, is entitled to be represented by legal counsel, but the board shall have no obligation or authority to appoint or provide an attorney to any such person. IV. In adjudicatory proceedings, the board may hold prehearing conferences which are closed to the public and, except as provided in paragraph VI of this section, exempt from the provisions of RSA 91-A until such time as a public evidentiary hearing is convened. In all instances, settlement discussions engaged in by the parties at prehearing

conferences may be conducted off the record. V. The board may dispose of issues or allegations at any time during an investigation or adjudicatory proceeding by issuing a settlement agreement or consent order, an order of dismissal for default or failure to state a proper basis for disciplinary action, or a summary judgment order based upon undisputed material facts. Disciplinary action taken by the board at any stage of a proceeding, and any dispositive action taken after the issuance of a public hearing notice, shall be reduced to writing and made available to the public. VI. Decisions in adjudicatory proceedings shall be made by a majority of the board members eligible to participate in the decision, and the board's deliberative processes in adjudicatory proceedings shall be privileged and exempt from the public disclosure provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings, including prehearing orders required by RSA 541-A:31, V(d), shall be publicly available, but only after they have been reduced to writing, signed by a representative of the board, and served upon the parties. VII. Final disciplinary actions taken by the board may be appealed to the supreme court pursuant to RSA 541 and shall not be subject to stay pending appeal.

Source. 1935, 95:1. RL 168:34 RSA 325:34. 1996, 283:13, eff. Jan. 1, 1997.

Section 325:34-a

325:34-a License Suspension; Hearing Required. – If the board suspends a license under this section, the licensee shall be provided with a hearing within 10 days from the effective date of the suspension. The suspension shall remain in effect during the pendency of the hearing, which shall not be unreasonably delayed by the board.

Source. 1996, 283:14, eff. Jan. 1, 1997.

Section 325:35

325:35 Immunity From Civil Action. – No civil action shall be maintained against the board or any of its members, or any agent or employee of the board, with regard to any action or activity in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any other organization or individual for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.


Section 325:36

325:36 Reinstatement Applications. – Any person whose license has been revoked may be summarily denied relicensure, except as the board may have otherwise provided in its revocation order. Persons whose licenses have lapsed for nonrenewal shall not again be licensed without filing an application for reinstatement which contains such information

as the board may by rule require for the purpose of determining whether the applicant retains the level of professional qualifications expected of existing practitioners. However, persons who have not practiced funeral directing and embalming on a full-time basis in a jurisdiction with license requirements comparable to those of this state for more than 5 years since they were last licensed in New Hampshire shall retake the license examination and meet all other requirements for initial licensure.


Section 325:37

325:37 Deceased Director. – The widow or widower of a licensed funeral director or the wife or husband of one who is incapacitated may continue to administer his or her business providing she or he employs a person who holds the required license.


Section 325:38

325:38 Securing of Business. – It shall be unlawful for any funeral director or embalmer, or the agents or representatives thereof, directly or indirectly, to pay or cause to be paid any sum of money or other valuable consideration for the securing of business.

Source. 1935, 95:1. RL 168:39.

Section 325:39

325:39 Board to Render Account. – The board shall account biennially to the governor and council for all receipts and expenditures in detail.


Section 325:40

325:40 Sudden, Accidental or Suspicious Deaths. – No person shall inject into any cavity or artery of the body of any person who has died from an accidental or sudden death, or under suspicious circumstances, any fluid or substance until a legal certificate of the cause of death has been obtained from the attending physician or medical referee, nor until a legal investigation has determined the cause of death. If a criminal cause of death is alleged or suspected, no fluid or other substance shall be injected into a body until the cause of death is legally established.

Source. 1935, 95:1. RL 168:41. RSA 325:40.

Section 325:40-a

325:40-a Deceased Human Bodies Exposed. – No dead human body shall be exposed to the public for a period in excess of 24 hours unless said body is properly embalmed.

Source. 1971, 332:3, eff. July 1, 1971.

Section 325:41

325:41 Embalming Fluids. – The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or any compound containing any of these, or any poisonous alkaloid, is prohibited, and all brands of embalming compounds used within the state shall be subject to test and approval by the department of health and human services.

Source. 1935, 95:1. RL 168:42. RSA 325:41. 1983, 293:1. 1995, 310:181, eff. Nov. 1, 1995.

Section 325:42

325:42 Special Fund. – All funds paid over to the state treasury by the treasurer of the board shall be held in a special fund to be paid out upon warrant of the governor for the purposes of this chapter.

Source. 1935, 95:1. RL 168:57. RSA 325:42.

Section 325:43

325:43 Penalty. – I. A person shall be guilty of a class A misdemeanor if a natural person, or a felony if any other person, who: (a) Performs embalming without being licensed under this chapter. (b) Makes funeral arrangements, unless such person is a funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17. II. A person shall be guilty of a class B misdemeanor if a natural person, or a felony if any other person, who: (a) Being in the funeral business, employs an unlicensed person, other than an apprentice, to make funeral arrangements or perform embalming, unless the person is exempted under this chapter. (b) Fraudulently procures a license under this chapter. (c) Violates any provision of this chapter or rule adopted by the board.

Source. 1935, 95:1. RL 168:58. RSA 325:43. 1973, 528:213. 1983, 325:8. 1987, 134:6. 1996, 283:16, 17. 1999, 62:7, 8, eff. Jan. 1, 2000. 2006, 76:6, eff. July 1, 2006.

Section 325:44

325:44 Burial Associations Prohibited. – It shall be unlawful for any person to engage in, promote or participate, directly or indirectly, in any scheme or plan in the nature of a burial association or in a so-called chain of burial or funeral establishments.

Source. 1935, 95:1. RL 168:38. RSA 325:44.

Prearranged Funerals or Burial Plans

Section 325:45

325:45 Funds to be Deposited. – All moneys paid during a person's lifetime to any individual, firm, association, partnership, or corporation engaged in performing funeral services by such person or by someone in such person's behalf under an agreement that services be performed or merchandise be delivered in connection with the disposition of such person's body after the person's death shall be deposited by the payee within 30 days after receipt in a separate account in a bank, trust company, credit union, savings institution, licensed insurance company, or bonded, registered broker-dealer in this state in the name of the payee as mortuary trustee for the person for whose benefit the payment was made, and shall be held in such account together with any interest accrued. Nothing in this section shall be construed to prevent transfer of such funds to another such bank, trust company, credit union, savings institution, licensed insurance company, or bonded, registered broker-dealer by merger or consolidation or by operation of law. A mortuary trustee shall provide evidence of the original deposit and any subsequent deposits to the payor within 30 days after deposit into the separate account and shall provide evidence of any subsequent transfer of funds, as permitted by this section, to the payor within 30 days after effecting such transfer of funds. A copy of a written receipt or statement of deposit issued by the bank, trust company, credit union, savings institution, licensed insurance company, or bonded, registered broker-dealer, shall be sufficient as evidence of deposit or transfer for the purposes of this section. For purposes of this section, a mortuary trustee shall include any person or organization holding money in trust in connection with a pre-paid funeral.

Source. 1971, 332:1. 1995, 76:1, eff. July 8, 1995. 1998, 231:1, eff. Aug. 23, 1998.

Section 325:46

325:46 Withdrawal of Funds. – Such funds may be withdrawn, if otherwise lawful, by the payee on written instructions of the person who originally paid the money or such person's legal representative if the account was opened as revokable. Such funds may be withdrawn, if otherwise lawful, by the payee upon the death of the person for whose benefit such funds were paid, to be used in accordance with the agreement, which shall be filed with the bank, trust company, savings institution, licensed insurance company, or bonded, registered broker-dealer.

Source. 1971, 332:1. 1995, 76:1, eff. July 8, 1995.

Section 325:47

325:47 Institution Absolved From Liability. – Such bank, trust company, savings institution, licensed insurance company, or bonded, registered broker-dealer shall be discharged from liability for payment of the funds in any such account upon presentation of a written consent to withdrawal signed by the party who paid the funds or such party's legal representative, if such account is revokable, and by the payee, or upon presentation of proof of death of such person for whose benefit such funds were paid. This section shall not apply to the sale of cemetery lots, crypts, niches, cemetery burial privileges, cemetery space or perpetual care.

Source. 1971, 332:1. 1995, 76:1, eff. July 8, 1995.

Section 325:48

325:48 Employment Prohibited. – No person holding a license under this chapter shall be employed as a funeral home, funeral establishment, funeral director or embalmer by a cemetery, cemetery association, or cemetery corporation, nor shall such person own or control a cemetery, cemetery association, or cemetery corporation. This section shall not prohibit such person from (1) serving as an officer, director, or trustee of a cemetery, cemetery association or cemetery corporation without pay or for a salary not exceeding $500 per year or (2) employment by a cemetery, cemetery association or cemetery corporation in capacities other than that of a funeral home, funeral establishment, funeral director or embalmer, or (3) taking bodies out of a grave or transferring such bodies to other graves.

Source. 1971, 332:1. 1986, 191:5, eff. July 28, 1986.

Section 325:49

325:49 Solicitation Prohibited. – No funeral home, funeral establishment, crematories, memorial societies, burial associations, cemetery, cemetery associations or person holding a license under this chapter shall as, or through, an agent or principal solicit a prearranged funeral service or plan for any person or persons. "Prearranged funeral service or plan'' shall mean any funeral service or plan which is arranged, planned or determined prior to the demise of a person or persons for whom the funeral service is to be performed. Funeral homes, funeral establishments, crematories, memorial societies, burial associations, cemetery, cemetery associations and licensees under this chapter may enter into contracts or agreements for prearranged funeral services or plans provided that they do not in any manner either as, or through, principals or agents solicit such contract or agreement.

Source. 1971, 332:1, eff. July 1, 1971.

Section 325:50

325:50 Certain Payments Prohibited. – No funeral home, funeral establishment, crematories, memorial societies, burial associations, cemetery, cemetery associations or person licensed under this chapter shall pay or cause to be paid, directly or indirectly, any money or other thing of value to a person not responsible for payment for the funeral as a commission or gratuity for the securing of business for such funeral home, establishment or licensee.

Source. 1971, 332:1, eff. July 1, 1971.

CHAPTER 611-B OFFICE OF THE CHIEF MEDICAL EXAMINER

Section 611-B:1

611-B:1 Definitions. – In this chapter: I. "Acting chief medical examiner'' means the physician designated pursuant to RSA 611-B:4. II. "Assistant deputy medical examiner'' means a person appointed by the chief medical examiner pursuant to RSA 611-B:5. III. "Chief medical examiner'' means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-B:2. IV. "Death investigation'' means an investigation conducted by a medical examiner pursuant to this chapter, which may involve one or more of the following: a telephone consultation, investigation of the scene of death, or post-mortem examination. V. "Deputy chief medical examiner'' means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-B:3. VI. "Designee'' means the medical examiner designated by the chief medical examiner to act on behalf of the chief medical examiner, who shall be either the deputy chief medical examiner or the acting chief medical examiner. VII. "Medical examiner'' means any person authorized pursuant to RSA 611-B to investigate medico-legal cases. VIII. "Post-mortem examination'' means any external or internal examination of a decedent's body. IX. "Supervising medical examiner'' means the chief medical examiner, deputy chief medical examiner, or acting chief medical examiner. X. "Telephone consultation'' means a type of death investigation that does not involve a visual examination of the deceased by the medical examiner.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:2

611-B:2 Chief Medical Examiner; Authority; Rulemaking. – I. There is hereby established within the department of justice the office of chief medical examiner. The office shall be under the immediate supervision of a person who shall be known as the "chief medical examiner,'' and who shall be a duly licensed physician and certified by the American Board of Pathology to possess special competence in forensic pathology and who has had experience in forensic medicine. The chief medical examiner shall be nominated by the attorney general and appointed by the governor and council and shall serve for a term of 5 years and until a successor is appointed, unless sooner removed by the governor and council for cause in accordance with the provisions of RSA 4:1. The chief medical examiner shall be subject to direction and control by the attorney general in all matters relating to the enforcement of the criminal law. The chief medical examiner shall enforce the provisions of this chapter. The chief medical examiner or designee shall be continually available for emergency consultation as necessary for carrying out the functions of this office. II. The chief medical examiner shall have the authority to adopt rules, pursuant to RSA 541-A, relative to: (a) The methods and procedures for medico-legal death investigations. (b) The examination of substances taken from dead bodies or human remains in order to determine the manner of death, provided that such examinations shall be conducted, whenever possible, at existing qualified state facilities. (c) Training and certification of medical examiners under RSA 611-B. (d) The fee schedule for medical examiners under RSA 611-B. (e) Forms, blank returns, and other documents necessary for medical examiners to carry out the provisions of this chapter.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:3

611-B:3 Deputy Chief Medical Examiner. – There is hereby established within the office of chief medical examiner the position of deputy chief medical examiner. The deputy chief medical examiner shall be appointed in the same manner as the chief medical examiner as provided in RSA 611-B:2, and shall be a licensed physician, certified by the American Board of Pathology as a qualified pathologist, with training and experience in forensic medicine. The deputy chief medical examiner shall serve under the professional direction and supervision of the chief medical examiner and shall act as the chief medical examiner whenever the latter is absent, or unable to act for any cause.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:4

611-B:4 Acting Chief Medical Examiner. – The chief medical examiner may designate in writing an acting chief medical examiner who shall be a licensed physician, certified by the American Board of Pathology as a qualified pathologist with training and experience in forensic medicine. The acting chief medical examiner shall act as the chief

medical examiner whenever the chief medical examiner and the deputy chief medical examiner are absent, or unable to act from any cause.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:5

611-B:5 Assistant Deputy Medical Examiners. – The chief medical examiner shall appoint assistant deputy medical examiners to perform the duties of medical examiner under this chapter. Assistant deputy medical examiners shall serve without geographic restriction. An assistant deputy medical examiner shall be a person educated in the science of medicine and shall serve under the direction and supervision of the chief medical examiner. An assistant deputy medical examiner shall possess all the powers granted to medical examiners under this chapter and be sworn in the same manner. Assistant deputy medical examiners shall serve at the pleasure of the chief medical examiner.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:6

611-B:6 Indemnification of Medical Examiner. – The provisions of RSA 99-D shall apply to the chief medical examiner and any other medical examiner or investigator employed in the office of the chief medical examiner for claims arising from the scope of their official duties, including, but not limited to, the practice of forensic pathology and the practice of clinical forensic medicine.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:7

611-B:7 Supervision. – The chief medical examiner shall have general supervision over the administration of and shall enforce the provisions of this chapter. Medical examiners shall serve under the professional direction and supervision of the chief medical examiner.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:8

611-B:8 Affiliation and Training. – I. The chief medical examiner shall have the authority to enter into agreements, subject to approval of the attorney general and governor and council, with state departments and with any public or private college or university, school of medicine, or hospital for the use of certain laboratories, morgues, and other technical facilities, and, pursuant to such agreements, shall have authority to make medical examiners available to such educational

institutions for the teaching of legal medicine and other subjects closely related to their duties. II. The chief medical examiner and, at the chief medical examiner's direction, other medical examiners shall assist in the training of police officers in police training programs authorized by the police standards and training council under RSA 188-F:22 through RSA 188-F:32.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:9

611-B:9 Temporary Expert Assistance. – The supervising medical examiner shall have authority to call upon and employ such persons, skilled in science, pathology, or otherwise, as are necessary for the performance of duties, as occasion may necessitate.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:10

611-B:10 Administrative and Technical Assistance. – The chief medical examiner may employ adequate administrative, clerical, and technical assistants to carry out the purposes of this chapter, all of whom shall be in the classified service of the state.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:11

611-B:11 Oath; Duty to Investigate in Medico-Legal Case. – I. Each medical examiner shall, before entering upon the duties of the office, take an oath of office. II. A medical examiner shall make investigations in medico-legal cases. A medico-legal case exists when death is pronounced or remains are found indicating that a human has died and that death is known or suspected to have resulted from: (a) Any death known or suspected to have occurred during or as a result of any criminal act regardless of the time interval between incident and death and regardless of whether criminal violence appears to have been the immediate cause of death or a contributory factor thereto. (b) Any death by suicide regardless of the time interval between the incident and death. (c) Any death due to accidental or unintentional injury regardless of the time interval between the incident and death and regardless of whether such injury appears to have been the immediate cause of death or a contributory factor thereto. (d) Deaths associated with fire or explosion. (e) Deaths associated with firearms or other mortal weapons. (f) Any death which occurs in or associated with any public or private conveyance, including but not limited to any motor vehicle, recreational vehicle, bicycle, aircraft, watercraft, motorcycle, bus, train, or the like.

(g) Abortion or the complications thereof if the abortion was known or suspected to have been performed by an unlicensed practitioner. (h) Poison, illicit drug use, or an overdose of any drug or medication. (i) Disease, injury, or exposure to a toxic agent resulting from or occurring during the course of employment. (j) Disease or agent which constitutes a public health hazard or environmental hazard. (k) Sudden unexpected death when in apparent good health of a person under the age of 60 years. (l) Death of a person whose medical care has not been regularly followed by a physician. (m) Death occurring in legal custody, including any death that occurs in any prison or penal institution. (n) Death associated with diagnostic or therapeutic procedures, including intraoperative and perioperative deaths. (o) Death in which a body is to be cremated in the state of New Hampshire or buried at sea regardless of the jurisdiction in which the death occurred. (p) Death occurring less than 24 hours after admission to a health care facility or hospital, except when the decedent was known to have been terminally ill from natural disease and the death is imminent and expected. (q) Death of a child under the age of 18 years unless the child is known to be terminally ill from natural disease or congenital anomaly and the death is expected. (r) The death of any child from any cause when such death occurs at a day care facility, or when the child is in foster care, or when the child is in the custody of or being investigated by the department of health and human services. (s) Fetal deaths that result from intrauterine trauma when the fetus has attained 20 weeks gestation or 350 grams weight. (t) Death known to have been improperly certified, including but not limited to any remains brought into the state of New Hampshire without proper certification. (u) Death of any unidentified person regardless of cause and manner. (v) Discovery of buried remains which are known or thought to be human and which are uncovered other than by an exhumation order. (w) The discovery of decomposed remains, including partially or completely skeletonized remains. (x) Suspicious or unusual circumstances surrounding a presumed natural death.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:12

611-B:12 Mandatory Reporting of Medico-Legal Deaths. – It shall be the duty of anyone who finds the body of any person whose death is suspected to have been caused or to have occurred in any manner described in RSA 611-B:11, or who finds remains which are thought to be human to immediately notify the medical examiner and the county attorney for the county where the body or remains are found.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:13

611-B:13 Charge of Body. – Whenever the medical examiner has notice of the body of a person whose death is supposed to have been caused in a manner described in RSA 611-B:11, the medical examiner shall take charge of the body and may go to the place where such body lies. The medical examiner may authorize the moving of the body.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:14

611-B:14 Survey of Location. – I. Before a body is removed or disturbed, the medical examiner shall make or cause to be made a careful survey of the body and its surroundings, and reduce or cause to be reduced to writing an accurate and detailed description of the location, position, and condition of the body and any other facts concerning the body or its surroundings that will aid in determining the cause and manner of death. II. A body shall not be altered or disturbed, personal effects shall not be removed or altered, and physical or biological evidence, including samples of blood and other body fluids for analysis, shall not be obtained or collected from the body, without the permission of the medical examiner.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:14-a

611-B:14-a Medical Records. – For the purpose of any medical examination into the cause and manner of death, and where medical treatment has been provided to the decedent who is the subject of the examination, upon written request of the supervising medical examiner any individual, partnership, association, corporation, institution, or governmental entity which has rendered such treatment shall provide the supervising medical examiner with all medical records pertaining to the decedent and the treatment rendered. This section shall not preclude the supervising medical examiner from directly inspecting or obtaining any medical records pertaining to a case under the jurisdiction of the chief medical examiner. The records shall be promptly provided to the supervising medical examiner. When the records are incorporated into the files of the medical examiner or the office of the chief medical examiner, they shall be confidential and shall not be available for public inspection.

Source. 2008, 197:2, eff. June 11, 2008.

Section 611-B:15

611-B:15 Postmortem Examination. – I. If the medical examiner determines that an external examination of the body is necessary to determine the manner and cause of death, the medical examiner may arrange

for the body to be transported to a funeral home or other facility where an examination can be conducted. In the event that the decedent's family or next of kin does not employ the services of the funeral home or other facility used to transport the body, the cost of that transport shall be billed to the state. II. In the event an autopsy is ordered, the medical examiner shall arrange for the body to be transported to the morgue. The cost of that transport shall be billed to the state. III. The medical examiner performing the postmortem examination shall take and preserve, under proper seal, such portions of the body and its contents, together with such other articles that may require subsequent examination in order to determine the manner and cause of death.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:16

611-B:16 Property of Deceased. – In all cases arising under the provisions of this chapter, the medical examiner shall take charge of any money and other personal property of the deceased found upon or near the body. Unless held as evidence, all money and other personal property shall be released with the body to the legal next of kin. If any personal property is retained, the medical examiner shall inventory the property on a form prescribed by the chief medical examiner. The inventory shall list the total of any cash received and a complete description of any other items, including quantity and any identifying information. The original inventory form shall be retained on file for a period of at least 5 years by the office of the chief medical examiner, together with the case file. A copy of the inventory form shall be forwarded to the next of kin of the decedent, if that person's identity is known, either directly or through the funeral home to which the decedent's body is released.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:17

611-B:17 Performance of Autopsies. – I. If the supervising medical examiner, attorney general, or county attorney deems that an autopsy is necessary, he or she shall direct that one be made. The commissioner of the department of health and human services may, pursuant to RSA 126-A:5, V, request an autopsy of any individual who dies while admitted to, a resident of, or receiving care from New Hampshire hospital, Glencliff home, or any other residential facility operated by the department or a contract service provider. II. The supervising medical examiner shall have the authority to conduct an autopsy and shall comply with any request by the attorney general, a county attorney, or the commissioner of health and human services to perform an autopsy.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:18

611-B:18 Retention and Disposal of Organs, Unidentified Remains, Body Fragments, and Body Fluids. – I. Except as provided in RSA 227-C:8-a through RSA 227-C:8-g, whenever unidentified human skeletal remains are recovered, the chief medical examiner may store the remains, release them to an educational institution, direct that they be interred in an appropriate resting place, or have them cremated in accordance with RSA 325-A. Ashes of remains cremated shall be disposed of in an appropriate manner. Human skeletal remains recovered in a cared-for cemetery shall not be subject to the provisions of this paragraph. II. The chief medical examiner or a designated pathologist may retain body tissues or body fluids for evidence, further study, documentation, or research. Subject to RSA 651-D:3, body tissue or body fluids retained for such purposes, or those which have been recovered after the body has been released from the custody of the medical examiner, may, unless claimed in writing by the person responsible for burial, be disposed of: (a) According to the practices of the laboratory responsible for analysis; (b) By the office of the chief medical examiner; or (c) By the medical examiner or pathologist retaining those tissues or fluids. III. Subject to RSA 651-D:3, the chief medical examiner may dispose of substantial body tissues that have been retained for evidence, further study, or documentation or that have been recovered after the rest of the body has been finally released, in accordance with paragraph I, unless claimed by the person responsible for burial.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:19

611-B:19 Duty of the State Forensic Science Laboratory. – Whenever the supervising medical examiner requires expert investigation, either chemical or pathological, of any substance or article preserved from an autopsy, such investigation may be made at the forensic science laboratory of the department of safety established in RSA 106-B:2-a, without charge or expense to the state or county, and the expert making such investigation shall submit a report of the results of the work to the person requesting it.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:20

611-B:20 Report to County Attorney. – If, upon completion of a death investigation, the medical examiner is of the opinion that the death of the person was caused or occurred in any manner described in RSA 611-B:11, the medical examiner shall file a record of the case with the county attorney or the attorney general, in accordance with rules adopted by the chief medical examiner under RSA 541-A.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:21

611-B:21 Autopsy and Investigative Reports. – I. The medical examiner shall charge a reasonable fee for each autopsy report made available upon request. Such fee shall be credited to the medico-legal investigation fund established under RSA 611-B:28. II. Homicide autopsy reports shall be made available only to the department of justice unless a written release is provided by the department of justice. III. Except as provided otherwise by law and in rules adopted by the chief medical examiner pursuant to RSA 541-A, autopsy reports, investigative reports, and supporting documentation are confidential medical records and, as such, are exempt from the provisions of RSA 91-A. Copies of such documents may be made available to the next of kin, a law enforcement, prosecutorial, or other governmental agency involved in the investigation of the death, the decedent's treating physician, and a medical or scientific body or university or similar organization for educational or research purposes. Autopsy reports, investigative reports, and supporting documents shall not otherwise be released without the authorization of next of kin. IV. For any autopsy conducted pursuant to RSA 126-A:5, V, a report of any autopsy requested by the commissioner of health and human services shall be provided to the commissioner's quality assurance program and any autopsy findings, test results, reports, or any other information pertaining to the autopsy shall be treated by the department of health and human services in accordance with the quality assurance program under RSA 126-A:4, IV. The copy of the report provided to the department under this section shall be privileged and confidential as provided in RSA 126-A:4, IV(b), except that the medical examiner may forward a copy of the report to the department of justice if the medical examiner finds that the cause of death may be attributable to criminal conduct, or may otherwise disclose the report in accordance with this statute.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:22

611-B:22 Report to Bureau of Maternal and Child Health. – In any case in which the deceased whose death is being investigated is a child whose death is determined to have been the result of sudden unexplained infant death, the supervising medical examiner shall file a record of the case with the bureau of maternal and child health, department of health and human services. The bureau shall not release this report to any person without the written permission of the supervising medical examiner. The bureau may inform the parents of the child of the disposition of the case in a letter, but shall not include any portion of the autopsy report.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:23

611-B:23 Dental Examinations. – In deaths investigated by a medical examiner, when the identity of a dead body cannot be established by visual means, fingerprints, or other identifying data, the medical examiner shall have a qualified dentist, as determined by the

supervising medical examiner, carry out a dental examination of the dead body. If the medical examiner with the aid of the dental examination and other sources of identification is still not able to establish the identity of the dead body, he or she shall prepare and forward the dental examination records to the division of state police on a form supplied by the division for that purpose.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:24

611-B:24 Release of Body. – The medical examiner, upon the completion of the investigation, shall release the dead body, upon their claim therefor, to one of the following persons: I. The husband or wife, as the case may be. II. The next of kin. III. Any friend of the deceased.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:25

611-B:25 Unclaimed Body. – If a dead body is unidentified or unclaimed for a period of not less than 48 hours following completion of the death investigation, the medical examiner shall release the body to the overseer of public welfare in the town or, in the case of an unincorporated place, to a county commissioner, who shall decently bury or cremate the body, or, with the consent of the commissioners or the overseer, it may be sent to the medical department of a medical school or university, to be used for the advancement of the science of anatomy and surgery, as provided for by law.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:26

611-B:26 Death Record. – When the body is released pursuant to RSA 611-B:24 or RSA 611-B:25, the medical examiner shall provide to the person taking custody of the body a state of New Hampshire death certificate form with the pronouncing and certifying sections completed.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:27

611-B:27 Assistant Deputy Medical Examiner Accounts. – I. Assistant deputy medical examiners shall be paid at the following rates: telephone consultations-$25; death investigations involving an external examination of the body-$140, plus mileage at the state rate; pre-cremation examinations conducted pursuant to

RSA 325-A:18-$50. II. Assistant deputy medical examiners shall submit all claims for telephone consultation fees, death investigation fees and expenses, and pre-cremation examination fees to the office of the chief medical examiner, which shall authorize such claims and submit them for payment to the state treasurer, chargeable to the medico-legal investigation fund established pursuant to RSA 611-B:28. On a monthly basis, the office of the chief medical examiner shall bill each of the counties for the services provided to that county by the assistant deputy medical examiners during the previous month, and any body transportation costs associated with the billed services, as provided under RSA 611-B:15, I. Services shall be billed at the following rates: telephone consultation--$25; death investigation--$140; travel expenses--the state mileage rate. The county treasurer shall submit payment to the state treasurer, for deposit in the medico-legal investigation fund.

Source. 2007, 324:1, eff. Sept. 14, 2007. 2008, 197:3, eff. June 11, 2008.

Section 611-B:27-a

611-B:27-a Autopsy Expenses. – I. All autopsy-related bills shall be submitted to the office of the chief medical examiner, which shall authorize them and submit them for payment to the state treasurer, chargeable to the medico-legal investigative fund established pursuant to RSA 611-B:28. II. For purposes of this section, autopsy expenses shall include morgue costs, microscopic processes, toxicology, body transportation, x-ray costs, and other ancillary testing costs.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:28

611-B:28 Medico-Legal Investigation Fund. – I. There is established in the office of the state treasurer a nonlapsing fund to be known as the medico-legal investigation fund, which shall be kept distinct and separate from all other funds. The medico-legal investigation fund is established to receive all fees paid to the state related to medico-legal investigations and reports, to receive autopsy expenses paid to the state, to pay autopsy expenses authorized by the office of the chief medical examiner, fees due to assistant deputy medical examiners for investigations conducted, related administrative salaries, and the costs of recruitment, training, administration, and supervision of assistant deputy medical examiners. II. The treasurer shall deposit in the medico-legal investigation fund all fees collected by the department of justice, office of the chief medical examiner pursuant to RSA 611-B. The treasurer shall also deposit in the medico-legal investigation fund such other funds received under state or federal law, or donated to the state by private parties, for the purposes related to medico-legal investigations, the recruitment, training, administration, and supervision of assistant deputy medical examiners, and related technology projects and improvements, and the treasurer shall credit any interest or income earned on moneys on deposit to the fund. III. The attorney general is authorized to accept, budget, and expend moneys in the

medico-legal investigation fund received from any party without the approval of the governor and council for the purposes of paying fees due by law to assistant deputy medical examiners, and for recruitment, training, administration, and supervision of assistant deputy medical examiners, administrative support costs, and related information technology. IV. All moneys in the medico-legal investigation fund shall be continually appropriated to the department of justice and shall not lapse. V. The treasurer, upon approval of the attorney general, shall pay assistant deputy medical examiners fees to which they are entitled by law, the expenses of recruiting, training, administering, and supervising assistant deputy medical examiners, administrative support costs, and the expenses of related information technology. VI. The attorney general shall include the medico-legal investigation fund in the department budget submitted pursuant to RSA 9:4.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Missing Persons

Section 611-B:29

611-B:29 Dental Records. – If a person reported missing has not been found within 30 days, the county sheriff, chief of police of a city or town, medical examiner, or other law enforcement authority initiating or conducting the investigation for the missing person shall request the family or next of kin of the missing person to give them written consent to contact and request from the dentist of the missing person the person's dental records. The dental records of the missing person shall be forwarded to the division of state police on a form supplied by the division for that purpose.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:30

611-B:30 Identification by Scoring Probabilities. – The division of state police shall act as a repository or computer center, or both, for the dental examination records and dental records filed with it under this chapter. The division shall compare the dental examination records filed pursuant to RSA 611-B:29 with the dental records filed pursuant to RSA 611-B:23 and shall determine which scoring probabilities are the highest for purposes of identification, and shall submit the information to the agency that prepared and forwarded the dental examination records. The division files shall be made available to any law enforcement agency attempting to locate a missing person.

Source. 2007, 324:1, eff. Sept. 14, 2007.

Section 611-B:31

611-B:31 Destruction of Records. – If a person reported missing has been found, the county sheriff, chief of police of a city or town, medical examiner, or other law enforcement authority shall report the fact to the division of state police. After receiving the report, the division shall erase or destroy the dental records with respect to the person, which are maintained pursuant to this subdivision.

Source. 2007, 324:1, eff. Sept. 14, 2007.

CHAPTER 5-C VITAL RECORDS ADMINISTRATION

Death Registration Forms and Procedures

Section 5-C:62

5-C:62 Death Registration Forms. – I. For every death that occurs in the state of New Hampshire, a death record shall be filed electronically by a funeral director, certifying physician or APRN, next of kin, designated agent, or clerk of the town or city with the division within 36 hours of death and prior to final disposition or entombment. II. The funeral director, next of kin, or designated agent pursuant to RSA 290:1 shall provide the following information for the death record: (a) The decedent's full name, sex, date of death, and social security number. (b) The decedent's age on his or her last birthday in years or, if under one year old, the person's age in months or days lived and, if under one day old, the number of hours or minutes lived. The date of the person's birth by month, day and year. (c) The person's place of birth, by city or town and state or foreign country. (d) Whether the decedent was ever in the United States Armed Forces, indicated as yes or no. (e) If the place of death is a hospital, the record shall indicate: whether the person was an in-patient or whether the person was an outpatient or emergency room patient, in which case the person shall have arrived alive at the hospital's emergency room and died while in the emergency room as an outpatient. The record shall also indicate whether the person was transported while alive to the hospital but determined by a physician or APRN to be dead at the time the hospital received the body. The city or town where the hospital is located shall be shown as the city or town of death occurrence. (f) If the place of death is a facility other than a hospital, the record shall indicate: whether the facility is a nursing home, residential, or other facility, the exact location of the facility, and the name of the facility. (g) If the place of death is not a facility, the record shall indicate: the street name and number; the city, town, or location and the county. (h) In the case of deaths as described in RSA 611-B:11, when the deceased had died at the scene but was transported on the instructions of the medical examiner to another place

for viewing and pronouncement of death, the city or town of death shall be shown as that place where the death actually occurred. If the place of death is unknown but the body is found in the state of New Hampshire, the city or town where the body is found shall be shown as the place of death. When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in the state of New Hampshire, the death shall be registered in New Hampshire, and the city or town where the body is first removed shall be considered the place of death. (i) When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in the state of New Hampshire, the death shall be registered in the state of New Hampshire, and the certificate shall show the actual place of death insofar as can be determined. (j) The decedent's marital status. (k) The name of the decedent's spouse and wife's maiden name, if applicable. (l) Vocational information, including the decedent's usual occupation, which shall mean the kind of work done during most of the decedent's working life. The type of business or industry, if applicable, such as manufacturing, wholesale or retail and the name of the employer. (m) Decedent's residence, as identified by the informant, which shall be identified by state; county; city, town or other location; street number; and zip code. (n) The facility if the decedent has been living in a facility where an individual usually resides for a long period of time, such as a group home, a mental institution, a nursing home, a penitentiary, a hospital for the chronically ill, or another location otherwise identified by the informant. (o) The decedent's ancestry and race, educational level, and the father's full name and the mother's full maiden name. (p) The informant's full name and mailing address by street, city or town, state and zip code. (q) How the body is to be disposed of, to be specified as: burial, cremation, temporary entombment, mausoleum, donation, or other. (r) Information regarding the place of burial or place cremated, including the name of the cemetery or crematory, the location of cemetery or crematory by city or town and state and the date of disposition; the location of final burial; and information regarding the funeral director, next of kin or designated agent, and the individual issuing the burial permit. III. The pronouncing physician or pronouncing registered nurse, pursuant to RSA 290:1 and RSA 290:1-b, shall register the following information: (a) The name of the deceased person. (b) The date and time of death. If the exact date of death is unknown, it shall be approximated by the person completing the medical certification and noted as approximated or estimated on the death record. If the exact time of death is unknown, it shall be approximated by the person who pronounces the body dead and noted as approximated or estimated on the death record. If it is not possible to make an estimation of the time of death, the time shall be indicated as "unknown.'' "Unknown a.m.'' or "unknown p.m.'' shall not be an acceptable entry. (c) The official capacity of the registered nurse or physician, which shall be:

attending/associate physician or APRN; non-attending physician or APRN; pronouncing registered nurse; medical examiner/deputy medical examiner; temporary/assistant medical examiner; or assistant deputy medical examiner, non-physician. (d) The date pronounced. (e) Certification that the above information provided is true, which shall include but not be limited to the pronouncing person's signature; the name and title of the individual who pronounced death; the New Hampshire license number of the physician or APRN, if applicable; whether the death was referred to the medical examiner; and the name and address of the physician or APRN responsible for determining the cause of death. The individuals listed above shall provide or verify for the death record whether or not the death was referred to the medical examiner. IV. The individuals listed in paragraph III, except the pronouncing registered nurse, shall provide the following information: (a) The immediate cause of death and the interval between onset and death; other factors or conditions of which death was a consequence, when applicable, and the interval between onset and death; other significant conditions contributing to death but not related to the immediate cause of death. (b) Whether or not an autopsy was performed and whether or not autopsy findings were available prior to the determination of the cause of death. (c) The manner of death, indicated as natural, accidental, suicidal, homicidal, pending investigation, or undetermined. (d) If the death involved an injury, the month, day, year, and time of injury shall be provided. If the exact date of injury is unknown, it shall be approximated by the person completing the medical certification, noted as approximated or estimated on the death record, and, if it is not possible for the physician or APRN to make an estimation, the date of injury shall be indicated as "unknown''. If the exact time of injury is unknown, it shall be approximated by the person completing the medical certification and noted as approximated or estimated on the death record. If it is not possible for the physician or APRN to make an estimation, the time shall be indicated as "unknown.'' "Unknown a.m.'' or "unknown p.m.'' shall not be an acceptable entry. The record shall also indicate whether the injury occurred while at work, a description of how the injury occurred, and the physical location or place of injury. (e) The name, address, title, and license number of the certifier and the date certified. V. The certifying physician or APRN shall indicate whether he or she is or is not the same individual who pronounced the death. The certifying physician or APRN shall indicate whether he or she is the medical examiner. He or she shall sign the form, attesting to the veracity of the information as follows: (a) A certifying physician or APRN shall attest to the veracity of the stated time, date, and place that the death occurred. (b) A medical examiner shall attest to the veracity of the stated time, date, place, cause, and manner of the death. VI. The attending or certifying physician or APRN shall provide the following information for a supplemental death certificate: the deceased's name; the date of death; the time of death; the place of death; the name of the pronouncer; the New Hampshire license number of the pronouncer; the official capacity of the pronouncer; the date pronounced dead; the signature of the pronouncer; the date signed; whether this death

was referred to the medical examiner; the cause of death; the performance of autopsy, indicated as yes or no; the availability of autopsy findings prior to determination of cause of death, indicated as yes or no; the manner of death; the time, date, and place of injury; whether or not the injury occurred at work; the description of how the injury occurred; the location specified as street and number or rural route number, city or town, and state; the name of the certifier; the signature and title of the certifier; the New Hampshire license number of the certifier; the date signed; and the name and address of the person who determined the cause of death. VII. The original paper death certificate shall be the official certificate and shall be filed with the division within 10 days from the date of death.

Source. 2005, 268:1, eff. Jan. 1, 2006. 2007, 215:3 to 6, eff. June 25, 2007; 324:2, eff. Sept. 14, 2007. 2009, 54:4, eff. July 21, 2009.

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