The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) “Board” shall mean the State Board of Funeral Services established in this chapter.

(2) “Burial” shall mean the interment of human remains.

(3) “Cremation” shall mean the process of burning human remains to ashes.

(4) “Division” shall mean the State Division of Professional Regulation.

(5) “Embalming” shall mean the disinfecting or preservation of a dead human body, entirely or in part, by the use of chemical substances, fluids, or gases in the body, or by the introduction of the same into the body by vascular or hypodermic injection, or by the direct application of the same into the organs or cavities.

(6) “Embalming room assistant” shall mean a person who has met all of the requirements, including all necessary training in blood borne pathogens standards, and who has received all necessary vaccinations related to the industry, to be able to perform their duties in the embalming or dressing room areas for the preparation of a deceased human remains. Such individual shall not possess the ability to embalm a decedent.

(7) “Funeral director” shall mean a person engaged in the care of human remains or in the disinfecting and preparing by embalming of human remains for the funeral service, transportation, burial, entombment or cremation, and who shall file all death certificates or permits as required by Chapter 31 of Title 16.

(8) “Funeral establishment” shall mean any place used in the care and preparation of human remains for funeral service, burial, entombment or cremation; said place shall also include areas for embalming, the convenience of the bereaved for viewing and other services associated with human remains. A funeral establishment shall also include a place or office in which the business matters associated with funeral services are conducted. Satellite funeral establishments existing as of May 12, 1988, shall not be required to include an area for embalming.

(9) “Funeral services” shall mean those services rendered for the disinfecting, embalming, burial, entombment or cremation of human remains, including the sale of those goods and services usual to arranging and directing funeral services.

(10) “Intern” shall mean a person, duly registered with the Board, engaged in training to become a licensed funeral director in this State under the direction and personal supervision of a state-licensed funeral director.

(11) “Nonresident funeral director” shall mean a funeral director licensed in another state, district, territory or foreign country.

(12) “Person” shall mean a corporation, company, association and partnership, as well as an individual.

(13) “Practitioner” shall mean a funeral director.

(14) “Protective hairstyle” includes braids, locks, and twists.

(15) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(16) “Student of mortuary science” shall mean a person registered in an official accredited Institution of Mortuary Science program.

(17) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of funeral services.

66 Del. Laws, c. 225, § ?1; 69 Del. Laws, c. 147, § ?1; 71 Del. Laws, c. 460, § ?1; 74 Del. Laws, c. 262, § ?64; 80 Del. Laws, c. 194, § ?1; 83 Del. Laws, c. 13, § 21;

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Delaware Code Title 24 Sec. 3101

  • Board: shall mean the State Board of Funeral Services established in this chapter. See Delaware Code Title 24 Sec. 3101
  • Burial: shall mean the interment of human remains. See Delaware Code Title 24 Sec. 3101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cremation: shall mean the process of burning human remains to ashes. See Delaware Code Title 24 Sec. 3101
  • Decedent: A deceased person.
  • Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 3101
  • Embalming: shall mean the disinfecting or preservation of a dead human body, entirely or in part, by the use of chemical substances, fluids, or gases in the body, or by the introduction of the same into the body by vascular or hypodermic injection, or by the direct application of the same into the organs or cavities. See Delaware Code Title 24 Sec. 3101
  • Funeral director: shall mean a person engaged in the care of human remains or in the disinfecting and preparing by embalming of human remains for the funeral service, transportation, burial, entombment or cremation, and who shall file all death certificates or permits as required by Chapter 31 of Title 16. See Delaware Code Title 24 Sec. 3101
  • Funeral establishment: shall mean any place used in the care and preparation of human remains for funeral service, burial, entombment or cremation; said place shall also include areas for embalming, the convenience of the bereaved for viewing and other services associated with human remains. See Delaware Code Title 24 Sec. 3101
  • Funeral services: shall mean those services rendered for the disinfecting, embalming, burial, entombment or cremation of human remains, including the sale of those goods and services usual to arranging and directing funeral services. See Delaware Code Title 24 Sec. 3101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3101
  • Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 24 Sec. 3101
  • Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 24 Sec. 3101
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302