Code of Massachusetts Regulations 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING
Here’s a detailed overview of 239 CMR — the regulations governing the Massachusetts Board of Registration in Embalming and Funeral Directing:
📑 Scope of 239 CMR
239 CMR is divided into three main parts:
239 CMR 3.00 – Registration requirements and professional/business conduct
239 CMR 4.00 – Pre-need funeral contracts and arrangements
239 CMR 5.00 – Continuing education for licensure (law.cornell.edu, mass.gov)
1. 239 CMR 3.00 – Registration & Professional Standards
Definitions & Roles (§3.01)
Defines key roles: Apprentices, Funeral Home Assistants, Embalmers, Funeral Directors, Type 3 & Type 6 registrants (mass.gov).
Clarifies what constitutes embalming and funeral directing—services 포함casketing, removal, pre‑need counseling, cremation handling, etc. (mass.gov).
Apprenticeship Requirements (§3.02–3.03)
Apprentices must complete ≥ 2 years, embalming of ≥ 50 bodies, and attending ≥ 25 conferences under supervision. Registration can’t renew beyond 6 years without board approval. (mass.gov)
They must be employed full-time (30+ hrs/week) under a Type 3 with formal reporting procedures (§3.03).
Ownership & Supervision (§3.04)
Funeral homes must be majority-owned and overseen by Type 3s with proper insurance.
Ownership info must be posted visibly, and changes in ownership or closure must be reported 30 days in advance.
Type 6 directors can run homes temporarily (e.g. Type 3’s absence) and assist in pre-need only after 30 days employment plus written authorization (mass.gov, pcshq.com).
Facility Standards (§3.06–3.07)
Funeral establishments must include separate prep rooms, chapels (min. 300 ft²), sanitary facilities, refrigeration, ventilation, etc. (mass.gov).
Embalming & Handling (§3.10)
Bodies must be disinfected, sealed, refrigerated (34–39 °F) if not embalmed within 50 hours, or embalmed unless exempted by directive.
Hermetically sealed caskets required for cemetery transfers; rental casket liners require disclosure/consent. (mass.gov)
Conduct of Funerals (§3.11)
Supervisory attendance (Type 3 or 6) mandated for all funerals.
Must receive written consent for embalming or non-embalming, plus authorizations for cremation, identification/viewing protocols, and recordkeeping (e.g., for unclaimed cremains after 12 months). (law.cornell.edu)
Strict rules around serving refreshments—no alcohol, no food prep by staff. Outsourced vendors only, billed transparently, served separate from body areas. (law.cornell.edu)
Ethics & Privacy
Includes ethical guidelines (§3.13), strict confidentiality (no disclosure of private client info without consent), and advertising standards (§3.19) to avoid misleading claims.
2. 239 CMR 4.00 – Pre-Need Funeral Contracts & Arrangements
Governs planning ahead of death: funeral trusts, insurance, annuities, separate accounts.
Requires distribution of a statutorily-approved buyer's guide explaining contract financing, cancellation rights, tax/Medicaid implications.
Allows cooling-off period (10 days) and contract transfer/cancellation rules. (s3.amazonaws.com)
3. 239 CMR 5.00 – Continuing Education
Sets continuing education requirements (hours, accredited providers) for renewal of embalmer and funeral director licenses (mass.gov).
🗓 Updates & Resources
Regulations are updated quarterly; consult the Massachusetts Law Library (mass.gov) or LII/Justia for the latest version (mass.gov).
The most recent PDF for 3.00 was issued January 27, 2017 (mass.gov).
✅ Why It Matters
Ensures patient dignity, public safety, and ethical professionalism in funeral services.
Protects consumers through transparency: accurate pricing, consent-based embalming/cremation, clear contract rules, and privacy safeguards.
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