Vermont § 1211 - Definitions

§ 1211. Definitions

• (a) As used in this chapter, unless a contrary meaning is required by the context: (1) [Repealed.] (2) “Director” means the Director of the Office of Professional Regulation. (3) “Funeral director” means a licensed person who is the owner, co-owner, employee, or
  manager of a licensed funeral establishment and who, for compensation, engages in
  the practice of funeral service. (4) “Funeral establishment” means a business registered with the Office conducted at a
  specific street address or location devoted to the practice of funeral service, and
  includes a limited services establishment. (5) “Office” means the Office of Professional Regulation. (6) “Practice of funeral service” means arranging, directing, or providing for the care,
  preparation, or disposition of dead human bodies for a fee or other compensation.
  This includes: (A) meeting with the public to select a method of disposition or funeral observance and
  merchandise; (B) entering into contracts, either at-need or pre-need, for the provision of dispositions,
  funeral observances, and merchandise; (C) arranging, directing, or performing the removal or transportation of a dead human
  body; (D) securing or filing certificates, permits, forms, or other documents; (E) supervising or arranging a funeral, memorial, viewing, or graveside observance; and (F) holding oneself out to be a licensed funeral director by using the words or terms
  “funeral director,” “mortician,” “undertaker,” or any other words, terms, title, or
  picture that, when considered in context, would imply that such person is engaged
  in the practice of funeral service or is a licensed funeral director. (7) “Removal” means the removal of dead human bodies from places of death, hospitals,
  institutions, or other locations, for a fee or other compensation. (8) “Disposition facility” means a business registered with the Office conducted at a
  specific street address or location devoted to the disposition of human remains by
  means of cremation, alkaline hydrolysis, or natural organic reduction. (9) “Natural organic reduction” has the same meaning as in 18 V.S.A. § 5302. (b) Nothing in this section shall prohibit: (1) cemetery owners, associations, or their employees from engaging in any functions normally
  performed by them in the course of their everyday affairs as allowed by 18 V.S.A. chapter 121; (2) the University of Vermont from engaging in functions normally performed by it in the
  course of receiving anatomical gifts for research or education, provided that embalming
  and removal of dead human remains are performed by persons licensed or registered
  under this chapter; (3) immediate family members of the deceased from providing for the care, preparation,
  or disposition of dead human bodies; or (4) religious or spiritual persons directly authorized by the immediate family members
  or authorized person of the deceased from providing for the care or preparation of
  dead human bodies without compensation. (c) Notwithstanding this section, owners of a disposition facility and their personnel
  may engage in the listed activities in subdivision (a)(6) of this section only to
  the extent such functions are necessary to the performance of their duties. Specifically,
  personnel at a disposition facility may: (1) provide for the disposition of dead human bodies by cremation, alkaline hydrolysis,
  or natural organic reduction and meet with the public to arrange and provide for the
  disposition; (2) enter into contracts, without taking prepaid funds, for the provision of dispositions
  by cremation, alkaline hydrolysis, or natural organic reduction; (3) arrange, direct, or perform the removal or transportation of a dead human body, provided
  that removals are performed by licensed removal personnel; and (4) secure and file certificates, permits, forms, or other documents. (Amended 1959, No. 224, § 3; 1995, No. 138 (Adj. Sess.), § 1a; 1999, No. 52, § 12; 2001, No. 151 (Adj. Sess.), § 10, eff. June 27, 2002; 2013, No. 138 (Adj. Sess.), § 5; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 19, eff. January 1, 2023.)