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Chapter 90

An Important Advisory to Licensees from the NC Board of Funeral Service . . . .

On August 5, 2024, Governor Roy Cooper signed an Executive Order declaring a State of Emergency ahead of severe weather expected across the state...

Click Here to Read the Entire Advisory

NCBFS Governing Statutes & Rules

Related Link: North Carolina General Assembly Website

NOTE: GS 90-210.20; 90-210.25; 90-210.67 were modified by: SL 2022-63 (S138)

Article 13A – Practice of Funeral Service

§ 90-210.18A. Board of Funeral Service created; qualifications; vacancies; removal.
§ 90-210.19. Board member’s oath of office.
§ 90-210.20. Definitions.
§ 90-210.22. Required meetings of the Board.
§ 90-210.23. Powers and duties of the Board.
§ 90-210.24. Inspector.
§ 90-210.25. Licensing.
§ 90-210.25B. Persons who shall not be licensed under this Article.
§ 90-210.25C. Notification forms for deceased voters.
§ 90-210.26. Good moral character.
§ 90-210.27A. Funeral establishments.
§ 90-210.28. Fees.
§ 90-210.29. Students.
§ 90-210.29A. Identification of bodies before burial or cremation.
§ 90-210.29B. Exemptions from public records.

Chapter 34 – North Carolina Administrative Code, SubChapter A

21 NCAC 34A .0101 AGENCY NAME AND ADDRESS
21 NCAC 34A .0108 REQUESTS FOR DECLARATORY RULING
21 NCAC 34A .0119 FINAL DECISION IN CONTESTED CASE
21 NCAC 34A .0122 CHARACTER AFFIDAVIT FORM
21 NCAC 34A .0123 CONSUMER COMPLAINT FORM
21 NCAC 34A .0124 SOLICITATION
21 NCAC 34A .0126 COMPLAINTS; PRELIMINARY DETERMINATIONS
21 NCAC 34A .0127 FILING OF DOCUMENTS
21 NCAC 34A .0128 WAIVER
21 NCAC 34A .0201 FEES AND OTHER PAYMENTS
21 NCAC 34A .0202 WORTHLESS CHECKS
21 NCAC 34A .0204 PETITION FOR PREDETERMINATION

Chapter 34 – North Carolina Administrative Code, SubChapter B

21 NCAC 34B .0102 TRAINEESHIP
21 NCAC 34B .0103 AUTHORIZED PRACTICE: SUPERVISION
21 NCAC 34B .0104 CHANGE IN EMPLOYMENT
21 NCAC 34B .0105 FUNERAL DIRECTOR TRAINEE APPLICATION FORM
21 NCAC 34B .0106 EMBALMER TRAINEE APPLICATION FORM
21 NCAC 34B .0107 FUNERAL SERVICE TRAINEE APPLICATION FORM
21 NCAC 34B .0110 REPORTS ON WORK
21 NCAC 34B .0120 TRAINEE FINAL AFFIDAVIT FORM
21 NCAC 34B .0121 EXPIRATION NOTICE
21 NCAC 34B .0126 FUNERAL DIRECTING AND FUNERAL SERVICE TRAINING
21 NCAC 34B .0202 APPLICATIONS
21 NCAC 34B .0208 PASSING SCORE
21 NCAC 34B .0210 REQUEST FOR REVIEW OF EXAMINATION
21 NCAC 34B .0211 NATIONAL BOARD CERTIFICATE
21 NCAC 34B .0308 RENEWALS: NOTICES
21 NCAC 34B .0309 LICENSE RENEWAL FORM
21 NCAC 34B .0310 PRACTICE OF FUNERAL SERVICE OR FUNERAL DIRECTING NOT AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED FUNERAL ESTABLISHMENT
21 NCAC 34B .0311 SPECIAL PROCEDURES FOR LICENSING OF ACTIVE MILITARY PERSONNEL
21 NCAC 34B .0313 PROCEDURES FOR PROVISIONAL LICENSURE
21 NCAC 34B .0401 ESTABLISHMENT AND APPROVAL OF COURSES
21 NCAC 34B .0404 CONTINUING EDUCATION CARD
21 NCAC 34B .0405 APPLICATION FORM FOR APPROVAL OF COURSE
21 NCAC 34B .0406 APPLICATION FORM FOR APPROVAL OF SPONSOR
21 NCAC 34B .0407 DEFINITIONS
21 NCAC 34B .0408 CONTINUING EDUCATION PROGRAM
21 NCAC 34B .0409 COURSE ACCREDITATION STANDARDS
21 NCAC 34B .0410 ACCREDITATION OF SPONSORS AND PROGRAMS
21 NCAC 34B .0411 GENERAL COURSE APPROVAL
21 NCAC 34B .0412 ACCREDITED SPONSORS
21 NCAC 34B .0413 ACCREDITATION OF PRERECORDED PROGRAMS AND LIVE PROGRAMS BROADCAST TO REMOTE LOCATIONS BY TELEPHONE, SATELLITE, OR VIDEO CONFERENCING EQUIPMENT
21 NCAC 34B .0414 ACCREDITATION OF COMPUTER-BASED CE
21 NCAC 34B .0415 COMPUTATION OF CREDIT
21 NCAC .0501 APPLICATION FOR LICENSE
21 NCAC 34B .0502 APPLICATION FORM FOR LICENSE BY OUT-OF STATE LICENSEES
21 NCAC 34B .0507 COURTESY CARDS
21 NCAC .0508 APPLICATION FORM FOR COURTESY CARD
21 NCAC 34B .0510 COURTESY CARD RENEWAL FORM
21 NCAC 34B .0605 PERMITS: TRANSFER OF OWNERSHIP OF ESTABLISHMENT
21 NCAC 34B .0608 APPLICATION FORM FOR FUNERAL ESTABLISHMENT PERMIT
21 NCAC 34B .0610 FUNERAL ESTABLISHMENT PERMIT RENEWAL FORM
21 NCAC 34B .0613 DISCLOSURE STATEMENTS
21 NCAC 34B .0615 FUNERAL ESTABLISHMENT INSPECTION FORM
21 NCAC 34B .0616 BODY IDENTIFICATION TAGS
21 NCAC 34B .0617 PRACTICING DURING DISASTERS
21 NCAC 34B .0618 PRACTICING DURING EMERGENCIES
21 NCAC 34B .0702 STORAGE IN PREPARATION ROOM
21 NCAC 34B .0703 DISPOSAL OF REFUSE: VENTILATION
21 NCAC 34B .0704 SANITATION IN PREPARATION OF BODIES
21 NCAC 34B .0706 REGISTRATION OF EMBALMING FACILITY LOCATED OUTSIDE OF A FUNERAL ESTABLISHMENT
21 NCAC 34B .0707 REFRIGERATION

Article 13D – Preneed Funeral Funds

§ 90-210.60. Definitions.
§ 90-210.61. Deposit or application of preneed funeral funds.
§ 90-210.62. Types of preneed funeral contracts; forms.
§ 90-210.63. Substitution of licensee.
§ 90-210.63A. Amendment of preneed funeral contracts.
§ 90-210.63B. Cancellation of insurance preneed contracts sold by preneed licensee.
§ 90-210.64. Death of preneed funeral contract beneficiary; disposition of funds.
§ 90-210.65. Refund of preneed funeral funds.
§ 90-210.66. Recovery fund.
§ 90-210.67. Application for license.
§ 90-210.68. Licensee’s books and records; notice of transfers, assignments and terminations.
§ 90-210.69. Rulemaking; enforcement of Article; judicial review; determination of penalty amount.
§ 90-210.70. Penalties.
§ 90-210.71. Nonregulation of insurance sales.
§ 90-210.72. Nonapplication to certain funeral contracts.
§ 90-210.73. Not public record.

Chapter 34 – N.C. Administrative Code, SubChapter D

21 NCAC 34D .0101 APPROVAL OF CONTRACT FORMS
21 NCAC 34D .0102 REFUND OF CONTRACT FEES
21 NCAC 34D .0103 INSURANCE-FUNDED CONTRACTS
21 NCAC 34D .0105 CONTRACT COPIES TO BE FILED
21 NCAC 34D .0106 TRANSFER OF TRUST PRENEED CONTRACTS TO ANOTHER JURISDICTION
21 NCAC 34D .0201 PRENEED FUNERAL ESTABLISHMENT LICENSE
21 NCAC 34D .0202 PRENEED SALES LICENSE
21 NCAC 34D .0203 SURETY BONDS
21 NCAC 34D .0301 RECORD AND BOOKKEEPING REQUIREMENTS
21 NCAC 34D .0302 ANNUAL REPORT
21 NCAC 34D .0303 CERTIFICATE OF PERFORMANCE
21 NCAC 34D .0304 TRANSFER OF TRUST FUNDS
21 NCAC 34D .0401 DEFINITIONS
21 NCAC 34D .0402 APPLICATION FOR REIMBURSEMENT
21 NCAC 34D .0403 PROCESSING APPLICATIONS
21 NCAC 34D .0404 SUBROGATION

Article 13E – Mutual Burial Associations

§ 90-210.80. Duties of Board; meetings.
§ 90-210.81. Requirements as to rules and bylaws.
§ 90-210.82. Limitation of soliciting agents; licensing and qualifications; officers exempt from license; issuance of membership certificates.
§ 90-210.83. Assessments against associations.
§ 90-210.84. Unlawful to operate without written authority of Board.
§ 90-210.85. Revocation of license.
§ 90-210.86. Deposit or investment of funds of mutual burial associations.
§ 90-210.87. Unclaimed funds of defunct burial associations.
§ 90-210.88. Penalty for failure to operate in substantial compliance with bylaws.
§ 90-210.89. Penalty for wrongfully inducing person to change membership.
§ 90-210.90. Penalty for making false and fraudulent entries.
§ 90-210.91. Accepting applications without collecting fee and first assessment.
§ 90-210.92. Removal of secretary-treasurer for failure to maintain proper records.
§ 90-210.93. Free services; failure to make proper assessments, etc., made a misdemeanor.
§ 90-210.94. Right to appeal upon revocation or suspension of license.
§ 90-210.95. Bond of secretary-treasurer of burial associations.
§ 90-210.96. Assessments.
§ 90-210.97. Making false or fraudulent statement a misdemeanor.
§ 90-210.98. Statewide organization of associations.
§ 90-210.99. Article deemed exclusive authority for organization, etc., of mutual burial associations.
§ 90-210.100. Operation of association in violation of law prohibited.
§ 90-210.101. Member of Armed Forces failing to pay assessments; reinstatement.
§ 90-210.102. Hearing by Board of dispute over liability for funeral benefits; appeal.
§ 90-210.103. Board authorized to subpoena witnesses, administer oaths and compel attendance at hearings.
§ 90-210.104. Authority of Board to examine financial records.
§ 90-210.105. Board authorized to freeze certain funds of Association.
§ 90-210.106. Authority of foreign or domestic mutual burial association or domestic or foreign insurance company to purchase, merge or consolidate with North Carolina mutual burial associations.
§ 90-210.107. Acquisition, merger, dissolution, and liquidation of mutual burial associations.

Chapter 34 – North Carolina Administrative Code, SubChapter B

21 NCAC 34B .0312 MEMBERS REQUIRED BEFORE LICENSING