Section 13.251. Funeral supervisors and funeral directors on active duty—statement of policy

(a) Background.

(1) Under § § 13.1, 13.113, 13.122, 13.144 and 13.155, the professional activities of a funeral establishment operating under an estate or widow license, a pre-1935 business corporation license, a restricted business corporation license and a branch license, shall be conducted under the supervision of a licensed funeral director, in good standing with the Board, who is assigned and registered with the Board as the permanent funeral supervisor of the establishment. The only business structure which does not require the services of a funeral supervisor is a sole proprietorship.

(2) This policy statement announces the procedures which are to be followed by funeral establishments in this Commonwealth in the event of a national emergency which requires rapid mobilization in the armed services on the part of funeral supervisors or funeral directors of sole proprietorships in this Commonwealth.

(b) Procedure. The following procedures are to be followed when a supervising funeral director or a funeral director of a sole proprietorship is called to active duty:

(1) Affected funeral establishments should notify the Board in writing within 10 days of receipt of military orders by its acting funeral supervisor, accompanied by a copy of the military orders.

(2) The funeral establishment will have 30 days from the date of receipt of military orders by its acting funeral supervisor to name a ‘‘temporary supervisor’’ who may serve in that capacity until the permanent supervisor/funeral director returns to civilian status. The Board shall be notified in writing when the temporary supervisor appointment is made.

(3) Supervising funeral directors or funeral directors of sole proprietorships affected by the events in the Persian Gulf prior to February 2, 1991 shall be afforded the same protections as outlined in paragraphs (4)—(6). Funeral directors already acting as ‘‘temporary supervisors’’ of these establishments shall be responsible for notifying the Board in writing by March 4, 1991 of the names of funeral supervisors or funeral directors already serving in the armed services, together with a statement of his willingness to continue acting in the capacity of temporary supervisor in accordance with this section.

(4) Except as provided in paragraph (5), the permanent supervisor/funeral director called to active duty should be reinstated in the former position within 60 days of military release. The Board shall be informed in writing of the reinstatement.

(5) If the permanent supervisor/funeral director elects not to be reinstated as a funeral supervisor, the affected funeral establishment shall notify the Board of this fact in writing and apply for a ‘‘change in supervisor’’ within the framework of the law and this chapter.

(6) If a biennial renewal of license occurs during a licensee’s term of military service, the affected funeral director’s license may be renewed upon his return to civilian status if written request is made to the Board. Renewal will be without penalty.

The provisions of this § 13.251 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 435.