[Adopted 9-2-2015]
A. 
Findings.
(1) 
Whereas in 2003, the majority of the 2,448,288 reported deaths in the United States were embalmed. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(2) 
Whereas in 2003, an infectious disease was the reported cause of death for 99,232 individuals. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(3) 
Whereas in 2007, 70% of deaths were casketed and accompanied by some type of ceremony. [Note: Jimenez, D. (n.d.). Funeral Homes/Funeral Services. Retrieved from http://www.sbdcnet.org/small-business-research-reports/funeral-homes-funeral -services].
(4) 
Whereas in 2011, the percentage of people who chose cremation was 42.2%. [Note: Sanburn, Josh. A. (2013). The New American Way of Death. Time, 181(24), 30-38. Retrieved from http://web.a.ebscohost.com.silk.library.umass.edu/ ehost/detail/detail?vid=3&sid=8336b266-edd0-4f97-83e0-28f44843a5e4%40 sessionmgr4003&hld=4104&bdata= JnNpdGU9ZWhvc3QtbGI2ZSZzY29wZT1 zaXRI÷=aph&AN=8 8213977].
(5) 
Whereas the routine transport and embalming of cadavers place funeral service professionals in a position to be exposed to multiple infectious agents that are transmissible by mucocutaneous contamination, aerosolization, and direct inoculation. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajic.2006.05.290].
(6) 
Whereas exposure by way of splashes to the mucus membranes, inhalation of aerosolized body fluids, and direct inoculation can result in infectious diseases caused by multiple species of bacteria, viruses, and prions. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(7) 
Whereas measures such as good hygiene, avoidance of direct contact with body fluids, and hand washing are necessary to prevent the spread of infection. [Note: Commonwealth of Massachusetts. Issues to Consider in Preparing for Disposition of Decedents (2015). Retrieved from: http://www.mass.gov/eohhs/gov/departments/ dph/programs/environmental-health/commsanitation/burial-and-cremation.html].
(8) 
Whereas because of the prevalence of MRSA in the population, funeral service professionals have a potential exposure risk from the remains of individuals who passed away in health care facilities and those who died in other settings. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(9) 
Whereas Group A streptococcus has been shown to survive on the cadavers of victims of invasive disease, which presents a serious infectious risk to the funeral service provider because it may be transmitted through direct contact or inoculation. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(10) 
Whereas funeral service professionals may be exposed to gastrointestinal organisms through direct contact with leaking fecal material when manipulating corpses, which can lead to transmission via the fecal-oral route. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(11) 
Whereas two microorganisms at greatest risk for transmission via the fecal-oral route are nontyphi Salmonella and hepatitis A. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(12) 
Whereas infectious agents transmitted through the airborne route include Mycobacterium tuberculosis and the virus responsible for severe acute respiratory syndrome (SARS). [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI:10.1016/j.ajlc.2006.05.290].
(13) 
Whereas funeral home employees with a present or past history of embalming deceased-human remains were twice as likely to be reactive for tuberculosis as were nonembalming personnel (14.9% versus 7.2%, p <0.01). [Note: Gershon, R.M., Vlahov, D., Escamilla-Cejudo, J.A., Badawl, M., McDiarmid, M., Karkashian, C., Grimes, M., and Comstock, G.W. (1998). Tuberculosis Risk in Funeral Home Employees (Abstract). Journal of Occupational and Environmental Medicine, 40(5), 497-503].
(14) 
Whereas tuberculin reactivity was found to be associated in embalming personnel with the number of years spent performing embalmings (greater than or equal to 20), and, in nonembalming personnel, with a history of close contact with infected individuals. [Note: Gershon, R.M., Vlahov, D., Escamilla-Cejudo, J.A., Badawl, M., McDiarmid, M., Karkashian, C., Grimes, M., and Comstock, G.W. (1998). Tuberculosis Risk in Funeral Home Employees (Abstract). Journal of Occupational and Environmental Medicine, 40(5), 497-503].
(15) 
Whereas embalming, a common practice in funeral practitioning, may expose the embalmer to infectious diseases and blood. [Note: Beck-Sague, C.M., Jarvs, W.R., Fruehiling, J.A., Ott, C.E., Higgins, M.T., and Fred, L. (1991). Universal Precautions and Mortuary Practitioners: Influence on Practices and Risk of Occupationally Acquired Infection (Abstract). Journal of Occupational Medicine, 33(8)].
(16) 
Whereas the use of sharp instruments during the embalming procedure places funeral service professionals at risk of bloodborne pathogen exposure via needlestick, cuts, and splashes. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI:10.1016/j.ajlc.2006.05.290].
(17) 
Whereas the routine aspiration of blood and other body fluids creates the risk of aerosolization of droplet nuclei. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI:10.1016/j.ajlc.2006.05.290].
(18) 
Whereas the collection of fluid in the chest cavity of the deceased because of the putrefaction of tissue can lead to frothing and gurgling through the nose and mouth of the corpse. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(19) 
Whereas in a study concerning the occupational exposure to bloodborne pathogens for funeral service practitioners, 19% of participants reported a bloodborne exposure within the past six months. [Note: Gershon, R.M., Vlahov, D., Farzadegan, H., and Alter, M.J. (1995). Occupational Risk of Human Immunodeficiency Virus, Hepatitis B Virus, and Hepatitis C Virus Infections Among Funeral Service Practitioners in Maryland. Infection Control & Hospital Epidemiology, 16(4), 194-197. DOI:http://dx.dol.org/10.1086/647089].
(20) 
Whereas indirect spread of HBV and HCV can occur through contact when objects freshly contaminated with tainted blood enter the body or contact damaged skin. [Note: Sattar, S.A., Tetro, J., Springthrope, V.S., and Giulivi, A. (2002, May 9). Preventing the spread of hepatitis B and C viruses: Where are germicides relevant? American Journal of Infection Control, 29(3), 187-197. DOI: dol:10.1067/mic.2001.114233].
(21) 
Whereas the three most common bloodborne pathogens are human immunodeficiency virus (HIV), hepatitis B virus (HBV) and hepatitis C virus (HCV). [Note: Centers for Disease Control and Prevention (CDC)/The National Institute for Occupational Safety and Health (NIOSH). Information for Employers Complying with OSHA's Bloodborne Pathogens Standard (2009). Retrieved from http://www.cdc.gov/niosh/docs/2009-111/].
(22) 
Whereas hepatitis B and hepatitis C are the most prevalent bloodborne pathogens. [Note: Sattar, S.A., Tetro, J., Springthrope, V.S., and Giulivi, A. (2002, May 9). Preventing the spread of hepatitis B and C viruses: Where are germicides relevant? American Journal of Infection Control, 29(3), 187-197. DOI: doi:10.1067/mic.2001.114233].
(23) 
Whereas HBV and HCV spread mainly occurs through direct parenteral or percutaneous exposure to tainted body fluids and tissues. [Note: Sattar, S.A., Tetro, J., Springthrope, V.S., and Giulivi, A. (2002, May 9). Preventing the spread of hepatitis B and C viruses: Where are germicides relevant? American Journal of Infection Control, 29(3), 187-197. DOI: doi:10.1067/mic.2001.114233].
(24) 
Whereas infections of hepatitis B and hepatitis C viruses can lead to liver cirrhosis and carcinoma. [Note: Sattar, S.A., Tetro, J., Springthrope, V.S., and Giulivi, A. (2002, May 9). Preventing the spread of hepatitis B and C viruses: Where are germicides relevant? American Journal of Infection Control, 29(3), 187-197. DOI: doi:10.1067/mic.2001.114233].
(25) 
Whereas transmission of Marburg and Ebola hemorrhagic fever is known to occur following unprotected exposure to patients and cadavers through mucocutaneous contact, blood and body fluid exposure. [Note: Davidson, S.S., and Benjamin, W.H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660. DOI: 10.1016/j.ajlc.2006.05.290].
(26) 
Whereas the Ebola virus can be detected in patients who die of the virus after their death. [Note: Centers for Disease Control and Prevention (CDC). Guidance for Safe Handling of Human Remains of Ebola Patients in U.S. Hospitals and Mortuaries (2015, February 11). Retrieved from http://www.cdc.gov/vhf/ebola/healthcare-us/hospitals/handling-human-remains.html].
(27) 
Whereas it is possible for Ebola to continue to be transmitted in postmortem care settings if remains are handled improperly. [Note: Centers for Disease Control and Prevention (CDC). Guidance for Safe Handling of Human Remains of Ebola Patients in U.S. Hospitals and Mortuaries (2015, February 11). Retrieved from http://www.cdc.gov/vhf/ebola/healthcare-us/hospitals/handling-human-remains.html].
(28) 
Whereas Ebola is spread through direct contact with body fluids such as blood, saliva, urine, and semen of an infected individual and by contact with contaminated surfaces and/or equipment, including linen soiled by body fluids from an infected individual. [Note: World Health Organization (2014). Infection Prevention and Control (IPC) Guidance Summary. Retrieved from http://www.who.int/csr/resources/publications/ebola/evd-guidance-summary/en/].
(29) 
Whereas depending on the infected individual and strain of the virus, Ebola hemorrhagic fever may be fatal in 50% to 90% of cases. [Note: Occupational Safety & Health Administration (n.d.). Ebola. Retrieved from https://www.osha.gov/SLTC/ebola/].
(30) 
Whereas the mode of transmission of prions such as transmissible spongiform encephalopathies (TSEs) or Creutzfeldt-Jakob disease (CJD), including kuru, iatrogenic and new variant CJD (vCJD), is not completely understood, yet it is known that iatrogenic CJD has been passed from cadavers to recipients of human growth hormone, dura mater, and corneal grafts, as well as between living patients following use of contaminated neurosurgical equipment. [Note: Davidson, S.S., and Benjamin, W. H. (2006). Risk of Infection and Tracking of Work-Related Infectious Diseases in the Funeral Industry. American Journal of Infection Control, 34(10), 655-660, DOI:10.1016/J.ajic.2006.05.290].
B. 
Therefore, it is the intention of the South Hadley Board of Health to regulate the operations of funeral establishments.
A. 
This regulation is promulgated pursuant to the authority granted to the South Hadley Board of Health by MGL c. 111, § 31 that "boards of health may make reasonable health regulations."
B. 
Also, this regulation is promulgated pursuant to the authority granted to the South Hadley Board of Health by MGL c. 111, § 122 that "The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel."
For the purpose of this regulation, the following words shall have the following meanings:
APPRENTICE EMBALMER
Any individual engaged in learning the practice of embalming under the instruction and personal supervision of a registered embalmer.
BIOHAZARD
A biological or chemical substance that is dangerous to human health or the environment.
BLOOD
Human blood, human blood components, and human blood products.
BLOODBORNE PATHOGENS
Pathogenic microorganisms that are present in human blood and can cause disease in humans. Pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).
BOARD
The South Hadley Board of Health, including its members and appointed agents.
CATEGORY A AGENT
A. 
As classified by the Centers for Disease Control and Prevention, various biological agents that pose a risk to national security because they have the following characteristics [Note: Centers for Disease Control and Prevention (CDC). Bioterrorism Agents/Diseases (n.d.). Retrieved from http://emergency.cdc.gov/agent/agentlist.asp]:
(1) 
Can be easily disseminated or transmitted from person to person.
(2) 
Result in high mortality rates and have potential for major public health impact.
(3) 
Might cause public panic and social disruption.
(4) 
Require special action for public health preparedness.
B. 
Examples of Category A agents include anthrax, botulism, plague, smallpox, tularemia, and viral hemorrhagic fevers.
CONTAMINATED
The presence of a reasonably anticipated presence of blood or other potentially infectious material on an item or surface.
CONTAMINATED LAUNDRY
Laundry that has been soiled with blood or other potentially infectious materials.
CREMATION
The act of using intense heat to reduce human remains to ash.
DISPOSE or DISPOSAL
The process of collecting contaminated materials to be discarded from the funeral establishment and transferred to a final disposal site approved by the South Hadley Board of Health.
EBOLA VIRUS DISEASE
Also known as "Ebola" and previously known as "Ebola hemorrhagic fever," it is a rare and deadly disease caused by infection with one of the Ebola virus strains.
EMBALMER
Any individual holding a funeral director's registration or a person who is engaged, or holding himself or herself out as engaged, in the business, practice, science or profession of embalming, whether on his or her own behalf or by the employment of a registered and licensed funeral director.
FUNERAL DIRECTOR
Any individual licensed to practice funeral directing within the Town of South Hadley, Massachusetts.
HAZARDOUS WASTE
Waste that is dangerous or potentially harmful to human health or the environment. Hazardous waste can be liquids, solids, gases, or sludges.
HAZARDOUS WASTE DISPOSAL CONTAINER
A container approved by the Environmental Protection Agency to dispose of hazardous waste.
HEPATITIS B (HBV)
A viral infection that attacks the liver and can cause acute and chronic disease. The virus is transmitted through blood and other body fluid contact of an infected individual.
HEPATITIS C (HCV)
A liver disease caused by the hepatitis C virus that can result in both acute and chronic infection. Hepatitis C is a bloodborne virus.
HERMETICALLY SEALED CASKET
A casket that is airtight and secured against the escape of microorganisms. Such casket shall be accompanied by valid documentation that it has been hermetically sealed and upon inspection of the casket the seal is not visibly broken.
HUMAN IMMUNODEFICIENCY VIRUS (HIV)
A virus spread through body fluids that affects immune system cells (CD4 cells/T cells) and that impairs the body's ability to respond to infections and disease.
INFECTIOUS DISEASE
A disease caused by pathogenic microorganisms, such as bacteria, viruses, parasites or fungi. Examples of infectious disease include MRSA, Group A streptococcus, salmonella, hepatitis A, B, and C, SARS, tuberculosis, human immunodeficiency virus, Marburg hemorrhagic fever, and Ebola hemorrhagic fever.
LEAKPROOF BAG
A body bag that is puncture-resistant and sealed. The bag shall be sealed in a way that contains all contents and prevents leakage of fluid during handling, transport or shipping.
LICENSED FUNERAL ESTABLISHMENT
A fixed place or establishment owned or maintained by a person, partnership, corporation, association or other organization which has been duly registered by the Board and which is located, constructed, equipped and operated for the purpose of providing sanitary handling, preparation, disposition and care of dead human bodies.
OCCUPATIONAL EXPOSURE
Actual or reasonably anticipated skin, eye, mucous membrane or parenteral contact with blood or other potentially infectious materials which results or may result from the performance of an employee's duties.
PERSONAL PROTECTIVE EQUIPMENT
Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes not intended to function as protection against a hazard are not considered to be personal protective equipment.
PERSONAL SUPERVISION
Supervision by an individual in the same building where the activity is occurring.
POTENTIALLY INFECTIOUS MATERIAL
Human body fluids, including semen, vaginal secretions, cerebrospinal fluids, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva, feces, urine, any body fluid contaminated by blood, and all body fluids where it is impossible to differentiate between body fluids are considered potentially infectious material. Any unfixed tissue or organ other than intact skin, from a living or dead human body, as well as HIV-containing cell or tissue cultures, HIV- or HBV-containing culture medium or solutions, and blood, organs, and tissues from experimental animals infected with either HIV or HBV.
PRION
A pathogen causing prion diseases or transmissible spongiform encephalopathies (TSEs), which are a family of rare progressive neurodegenerative disorders. Examples include Creutzfeldt-Jakob disease (CJD) and kuru, iatrogenic and new variant CJD (vCJD).
PROFESSION AND BUSINESS OF EMBALMING AND FUNERAL DIRECTING
Duties involved in the practice of this profession include, but are not limited to, the sale or provision of any of the following goods or services:
A. 
Consulting with members of the general public about and/or making arrangements concerning the disposition of human remains, including arrangements for cremation for compensation;
B. 
Removing a human body from the place of death;
C. 
Transporting human remains;
D. 
Embalming;
E. 
Performing restorative and cosmetic work on human remains, including hairdressing;
F. 
Dressing, and retail sale of clothing for use in dressing, human remains;
G. 
Casketing of human remains;
H. 
Sale of caskets, either at retail or at wholesale, and/or rental of caskets to the general public;
I. 
Arranging for disposition of flowers used in funeral or funeral services;
J. 
Making arrangements for obituaries and death notices in newspapers, on the internet, radio and television;
K. 
Making cemetery cremation and/or anatomical gift arrangements at the request of a decedent or the decedent's family;
L. 
Providing hearses, flower vehicles, limousines and sedans in connection with a funeral;
M. 
Arranging for services and an officiant at the interment of human remains;
N. 
Providing assistance during visiting hours and at the funeral service, and for other funeral service related functions and responsibilities;
O. 
Securing and processing required documents, including but not limited to death certificates, burial/transfer permits, certified copies of death certificates and visas for foreign shipment of human remains;
P. 
Making arrangements with medical examiners;
Q. 
Providing acknowledgement cards, register books, local and long-distance telephone messages and telegrams in connection with a funeral;
R. 
Preparing, negotiating or executing any pre-need funeral contract, or receiving, controlling or managing any funds tendered as payment for the funeral goods and/or services identified in such a pre-need funeral contract;
S. 
Disposition of ashes or cremated remains;
T. 
Engaging in such other activities as are considered to be a part of the business, practice, science or profession of embalming or funeral directing, as commonly practiced.
REGISTERED FUNERAL HOME ASSISTANT
Any individual registered to and working under the personal supervision of a funeral director and embalmer.
REMOVAL
The moving of a dead human body from a home, hospital, or other place of death to a licensed Funeral Establishment for the purpose of preparing it for burial, cremation or other disposition.
SHIP
To convey a dead human body by train, boat, airplane, express or motor freight, or other means of transportation, either within, into, or out of the Commonwealth of Massachusetts after said body has been prepared for burial or cremation.
SOURCE INDIVIDUAL
Any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to an employee. Such individuals include, but are not limited to, hospital or clinic patients, clients in institutions for the developmentally disabled, trauma victims, clients of drug and alcohol rehabilitation facilities, hospice and nursing home residents, individuals who donate or sell blood or blood components, and human remains.
STERILIZE
A physical or chemical procedure intended to destroy all microbial life, including highly resistant bacterial endospores.
TRANSPORT
To convey a dead human body in a closed hearse or other vehicle registered as a hearse used exclusively for the purpose of transporting dead human bodies or funeral equipment, either within, into or out of Massachusetts for any purpose other than that referred to in the definition of "removal" or "ship."
TYPE 3 FUNERAL DIRECTOR AND EMBALMER
A funeral director issued a Type 3 registration by the Massachusetts Board of Embalming and Funeral Directing pursuant to MGL c. 112, § 83 and licensed by a city or town pursuant to MGL c. 114, § 49, who holds an ownership interest of at least 10% in one or more licensed funeral establishments as set forth in 239 CMR 3.02(4)(a).
TYPE 6 FUNERAL DIRECTOR AND EMBALMER
A funeral director and embalmer who does not hold a 10% ownership interest in a licensed funeral establishment but has been issued a Type 6 registration by the Massachusetts Board of Embalming and Funeral Directing pursuant to MGL c. 112, § 83 and who meets the qualifications outlined in 239 CMR 3.02(2) and has been sworn in by the Massachusetts Board of Embalming and Funeral Directing. Individuals holding this registration may practice embalming, but may otherwise only practice funeral directing when holding a license issued by a city or town pursuant to MGL c. 114, § 49 and working as an employee in a licensed funeral establishment owned by one or more Type 3 funeral directors and embalmers where, in said establishment, the registrant shall conduct, direct, and keep up said establishment. A Type 6 funeral director and embalmer who performs funeral services when not so employed shall be considered acting outside the scope of his/her licensure and shall face disciplinary action. Said registrants may not sign death certificates and may only utilize stationery or other funeral-related contracts or documents on behalf of an employing licensed funeral establishment and Type 3 funeral director and embalmer. Type 6 funeral directors and embalmers may only conduct pre-need funeral arrangements pursuant to 239 CMR 3.04(5).
UNIVERSAL PRECAUTIONS
An approach to infection control in which all human blood and certain human body fluids are treated as if they are known to be infectious.
VIRAL HEMORRHAGIC FEVER
A group of viruses that cause severe multisystem syndromes. Effects include but are not limited to the damage of the overall vascular system, an inability of the body to regulate itself, and often hemorrhage. Some of the viruses can cause relatively mild illness and others can cause severe, life-threatening disease.
Any individual seeking to practice within the profession of funeral directing and/or embalming shall complete the formal application process required by the Massachusetts Board of Registration in Embalming and Funeral Directing. After the application process is completed and the applicant is licensed by the Massachusetts Board of Registration in Embalming and Funeral Directing, the individual shall register with the South Hadley Board of Health annually as a funeral director and embalmer wishing to practice in the Town of South Hadley, Massachusetts.
A licensed funeral establishment may employ apprentice embalmers to prepare or assist in the preparation of dead human bodies for burial, cremation or other final disposition, provided that the apprentice embalmer applicant and the funeral director/embalmer complete an application for registration and comply with the requirements of the Massachusetts Board of Registration in Embalming and Funeral Directing in 239 CMR 3.02 and 3.03, as well as register with the South Hadley Board of Health, by providing a copy of registration of the apprentice embalmer to the South Hadley Board of Health.
A licensed funeral establishment may employ registered funeral assistants to assist in the removal or transport of human remains, aid in general handling of human remains, including casketing and dressing, and participate in any other funeral-related tasks not requiring a license or registration, provided that the registered funeral assistant is under personal supervision or has received requisite permission from a funeral director to do so. Employment of registered funeral assistants in the Town of South Hadley is contingent on the condition that the funeral assistant applicant and the funeral director/embalmer complete an application for registration and comply with the requirements of the Massachusetts Board of Registration in Embalming and Funeral Directing in 239 CMR 3.02 and 3.18, as well as register with the South Hadley Board of Health, by providing a copy of registration of the funeral assistant to the South Hadley Board of Health.
A. 
No person shall sell services or operate a funeral establishment within the Town of South Hadley without first obtaining a funeral establishment permit issued annually by the South Hadley Board of Health, as well as registering annually with the South Hadley Board of Health as a funeral director and embalmer wishing to practice in the Town of South Hadley. Only owners of establishments with a permanent, nonmobile location in South Hadley are eligible to apply for a permit and sell funeral services or operate a funeral establishment at the specified location in South Hadley.
B. 
As a part of the funeral establishment permit application process, the applicant will be provided with the South Hadley Board of Health regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for handling funeral services and operations of the funeral establishment regarding federal, state and local laws regarding funeral establishments and this regulation.
C. 
Each applicant who sells funeral services or operates a funeral establishment is required to provide proof of a current Type 3 funeral director and embalmer license issued by the Massachusetts Board of Registration in Embalming and Funeral Directing before a funeral establishment permit can be issued by the South Hadley Board of Health.
D. 
The fee for a funeral establishment permit shall be determined by the South Hadley Board of Health annually.
E. 
A separate permit is required for each funeral establishment selling funeral services or otherwise operating a funeral establishment.
F. 
Each funeral establishment permit shall be displayed at the funeral establishment in a conspicuous place.
G. 
No funeral establishment holder shall allow any employee to sell funeral services or perform operational tasks until such employee reads this regulation and federal and state laws regarding funeral establishments and signs a statement, a copy of which will be placed on file in the office of the employer, that he or she has read the regulation and applicable state and federal laws.
H. 
A Funeral establishment permit is nontransferable. A new owner of a funeral establishment that sells funeral services or operates the funeral establishment shall apply for a new permit.
I. 
Issuance of a funeral establishment permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions.
A. 
A Board investigator shall have the right to enter into and inspect any licensed funeral establishment at any time during regular business hours for the purpose of inspecting such records and conducting such investigations as may reasonably be necessary to ensure that the funeral establishment, and its agents or employees, are in compliance with all applicable requirements.
B. 
A Board investigator may visit any place where the operation of embalming is being conducted or where a funeral is in process of being directed; provided, however, that such visitation shall be made in a respectful and decorous manner.
C. 
A Board investigator shall in no way be connected with the work or business of an embalmer or funeral director in any establishment.
D. 
Interference with or obstruction of the Board or any investigator authorized by the Board in the performance of their respective duties by a registered person shall be considered sufficient cause for suspension of operations or revocation of such registration.
E. 
A Board investigator may request access to such records outlined in § 300-130 of this regulation. Such records shall be produced for the Board in a timely fashion. Failure to produce the records may be deemed to be interference with or obstruction of the inspection, and may be considered sufficient cause for suspension of operations or revocation of such registration.
F. 
The Board may inspect annually on the premises of the funeral establishment to ensure that the funeral establishment has met the requirements set by the South Hadley Board of Health.
A. 
Every licensed funeral establishment shall comply with all requirements of 239 CMR 3.00 through 5.00, 248 CMR, 527 CMR, and 780 CMR as well as all applicable rules referred to in the respective regulations. Failure to do so may result in the suspension of operations or revocation of the permit issued by the South Hadley Board of Health for the funeral establishment to operate within the Town of South Hadley, Massachusetts, on the basis of failure to comply with South Hadley Board of Health regulations.
B. 
All licensed funeral establishments shall comply with all of the following standards:
(1) 
Funeral establishments shall include a preparation room equipped with sanitary flooring, a flush-rim sink, floor drain and ventilation, a reduced pressure backflow preventer or air gap separation at the meter or property line, and the necessary equipment, instruments and supplies for the preparation and embalming of dead human bodies for burial and transportation. Such preparation room and equipment shall comply with all applicable requirements of 239 CMR 3.07 and 239 CMR 3.12, and all applicable requirements of other federal, state and local laws, including but not limited to all applicable regulations of the United States Occupational Safety and Health Administration.
(2) 
Funeral establishments shall be equipped with toilets, lavatories and other sanitary facilities for men and women as may be required by applicable federal, state and local laws and regulations.
(3) 
Removals of dead human bodies into funeral establishments established after December 1, 1949, shall be completely concealed from public view.
A. 
The holder of the funeral establishment permit is responsible for keeping written records pertaining to operations of the funeral establishment. Funeral establishment permit holders shall keep records of the following:
(1) 
Information pertaining to the deceased, including but not limited to the deceased who have been transported to the funeral establishment for services, the final disposition of the corpses' remains, when any services were conducted on the corpses, what services were conducted on the corpses, all times of transport of the corpses' bodies, and the locations of transport.
(2) 
The identities of those personnel who have participated in any of the following activities, including but not limited to those who have received the corpses, transported the corpses, and those who have performed services on the corpses. Records of the relevant licenses of the employees, including professional and driving licenses, shall also be kept as records.
(3) 
Contaminated waste collected from caring for each corpse shall be recorded, as well as the method of disposal for that waste. A waste management plan that describes how each type of waste will be handled, and names a designated waste management facility, shall also be kept as records.
(4) 
Any and all information relevant to the public health of South Hadley Massachusetts, and the greater Commonwealth of Massachusetts shall be kept as record as well. This includes but is not limited to dangerous infectious diseases, such as Ebola, and potential occupational exposure incidents.
(5) 
Every deceased corpse must have some sort of identification accompanying it at all times. Toe tags may be used. The cause of death shall be stated on the identification.
B. 
The South Hadley Board of Health has the ability to inspect such records at a time the Board finds appropriate. The funeral establishment permit holder shall provide the South Hadley Board of Health any of these records when the Board makes a request to inspect them, in a timely fashion.
All preparation rooms shall meet the Massachusetts Board of Registration and Embalming and Funeral Directing standards as listed below, but not limited to federal, state and local code.
A. 
Every licensed funeral establishment shall have at least one preparation room for the preparation for burial or other disposition of all dead human bodies. Preparation rooms shall be at least 12 feet by 14 feet in size, if constructed after January 1, 2008. Preparation rooms shall be locked at all times.
B. 
No person shall be allowed in the preparation room while a dead human body is being prepared for burial or other final disposition except persons duly registered or licensed by the Massachusetts Board of Registration in Embalming and Funeral Directing pursuant to MGL c. 112, §§ 82 through 87, public officials engaged in the discharge of their official duties, students who are duly enrolled in a recognized mortuary school, and members of the decedent's immediate family or persons authorized by them in writing. The provisions of this subsection shall be printed on a placard and conspicuously displayed or posted on the exterior of each door to each preparation room in the funeral establishment. Failure to do display such placards constitutes grounds for disciplinary action by the Board, as well as the by the Massachusetts Board of Registration in Embalming and Funeral Directing.
C. 
Each preparation room in a funeral establishment shall be equipped with a tile or cement floor. Rubber tile, rubber matting or linoleum may be used, provided that it is not less than 3/16 inch thick, and that, if it is used as a floor covering, it is laid over a floor constructed of cement or other waterproof substance. Wooden floors overlaid with metal or other waterproof materials may be accepted in lieu of cement floors.
D. 
Each preparation room shall also contain the following: one standard-type sanitary operating table; one flush-rim sink, one floor drain; one reduced pressure or air gap separation backflow prevention device located at the water meter or property line; one sanitary waste receptacle which is opened by a foot pedal; and a standard-type instrument sterilizer.
E. 
Every preparation room shall comply with all applicable federal, state and local laws, regulations and ordinances regarding ventilation and shall be ventilated so as to ensure that no deleterious odors are allowed to remain therein and that the odors therefrom are not permitted to enter into any other part of the funeral establishment or any part of any adjoining premises.
F. 
An embalmer's kit shall contain, at a minimum, all items which are reasonably necessary for proper embalming and/or preparation of a dead human body for burial, cremation or other final disposition in light of currently accepted standards of professional practice.
G. 
All equipment which is used to aspirate or remove blood or other potentially infectious materials, or which comes into contact with blood or other potentially infectious materials, as defined in 239 CMR 3.12, shall be maintained and used in a manner which prevents conversion of blood or other potentially infectious materials to aerosol or airborne particles.
A. 
Every embalmer and funeral director shall report to the Medical Examiner all deaths which he, as an authorized public official, shall investigate. Such deaths include all deaths believed to have been caused by injury or trauma, all deaths believed to have been caused by the action of chemical (i.e., drugs or poisons), thermal or electrical agents, all deaths following abortions, all deaths believed to have resulted from occupational injuries or infections, all sudden deaths of persons not disabled by a recognizable disease, and all deaths of persons found dead. Persons registered by the Massachusetts Board of Registration in Embalming and Funeral Directing shall consult the Medical Examiner of the district prior to making any removal when in doubt.
B. 
No embalming fluid or any preparation substitute therefor shall be injected into the body of any person supposed to have died by violence or under suspicious circumstances without prior authorization from the Medical Examiner of the state in which the death occurs.
A. 
In order to recognize the inherent dignity of the human body and protect the public health, sufficient preservation and/or disinfection and/or refrigeration shall be applied to each dead human body to guarantee temporary protection against excessive decomposition.
B. 
Removals shall not be made from any place of death unless a death certificate or other appropriate death pronouncement form, signed by a duly licensed physician, the Medical Examiner or another person duly authorized by law, is in the possession of the funeral director. In the absence of such a pronouncement, removal may take place with the verbal approval by authorized/legally appropriate government authorities unless otherwise prohibited MGL c. 114, § 45. Such approval shall be documented, in writing thereafter, with the details of said approval.
C. 
No licensed funeral establishment, nor any agent or employee thereof, shall handle, move or transport any dead human body except under the supervision of, and with the personal attendance in the vehicle of, a person registered by the Massachusetts Board of Registration in Embalming and Funeral Directing and the South Hadley Board of Health.
D. 
No person registered by Massachusetts Board of Registration in Embalming and Funeral Directing or his agent or employee shall remove, transport or otherwise convey a dead human body except in a closed hearse or other vehicle used exclusively for the purpose of transporting dead human bodies within the Commonwealth of Massachusetts. Said vehicles shall be designed or equipped in such a manner as to ensure that any dead human body transported therein is concealed from public view. Said vehicles shall be registered and designated as hearses by the Registry of Motor Vehicles. A person duly registered by the Massachusetts Board of Registration in Embalming and Funeral Directing shall be in personal attendance in the vehicle during any removal, transportation or conveyance of a dead human body.
E. 
Vehicles registered and equipped as hearses and bearing hearse plates may be used only for removal or transportation of dead human bodies, transportation of flowers, transportation of funeral equipment, transportation of a clergyperson or other funeral service officiant if such is the custom of the deceased, and/or transportation of other funeral establishment personnel.
F. 
If a body has not been embalmed, and the body is to be buried or cremated within the Commonwealth of Massachusetts within 50 hours after death, said body shall be prepared by a registered embalmer. Said embalmer shall thoroughly wash, disinfect and sanitize said body; close all orifices with treated absorbent cotton; envelop the entire body with clean sheeting or with provided clothing; and take any other appropriate steps necessary to ensure that there will be no offensive leakage or odors from the body prior to burial, cremation or other final disposition. If a body has not been embalmed, and said body is to be buried or cremated within the Commonwealth of Massachusetts, but said burial or cremation will not occur within 50 hours after death, said body shall be prepared by a registered embalmer as required by 239 CMR 3.10(7), and shall also be placed in a refrigeration unit designed to accept dead human bodies and retard decomposition by maintaining temperatures between 34° F. and 39° F. Should the family of the deceased require a period of time extending 50 hours after the death of the deceased before the burial or cremation of the corpse for religious or spiritual purposes, accommodations may be made.
G. 
A body, once interred or placed in a cemetery receiving vault, shall not be transported or shipped from the cemetery where it lies unless it is encased in a hermetically sealed or air-tight casket, box or container. A body embalmed by a registered embalmer and placed in a receiving vault for not over 30 days shall be excepted from 239 CMR 3.10.
H. 
In all cases of cremation, a suitable casket or alternative container shall be used. If a casket is used, that casket may later be re-used as long as the following criteria are met:
(1) 
The casket is equipped with a removable liner or insert;
(2) 
The removable liner or insert is completely removed and replaced with a new liner or insert after each use;
(3) 
No such casket is used or re-used after any nonremovable portion of that casket has been soiled, stained or otherwise contaminated by or from any human remains placed therein, or has been placed within a rental casket insert;
(4) 
The customer who rents or re-uses that casket has been informed, in writing, that the casket may have been used previously and that it will be reclaimed by the funeral establishment from which he or she has rented or obtained it immediately prior to final disposition of the deceased;
(5) 
The customer who rents or re-uses that casket has signed a written disclosure or authorization form verifying that he or she has received all of the information required by 239 CMR 3.10(10) in writing and that he or she authorizes the funeral establishment to use the removable liner or insert selected by him or her for the final disposition of the deceased.
As part of their function of being "health care responsible," every embalmer or funeral director shall adopt all proper means to safeguard the public health, including but not limited to the use of "universal precautions" during the embalming or preparation of a body, as set forth in 239 CMR 3.00 through 5.00, Occupational Safety and Health Standards 1910.1030, and this regulation.
A. 
Every person, while engaged in removal of a dead human body from the place of death to a licensed funeral establishment, shall be provided with and shall use the following personal protective clothing and equipment to protect against exposure to bloodborne pathogens:
(1) 
Disposable OSHA-approved gloves shall be worn for barrier protection against contact with blood or other potentially infectious materials. Nondisposable autopsy, Kevlar® or rubber gloves shall be worn for additional protection if warranted. Nondisposable gloves shall be cleaned and carefully inspected for punctures, tears or other damage after each use. Damaged gloves, whether disposable or nondisposable, shall be replaced immediately. Other soiled clothing shall be removed before the removal of gloves. Gloves shall be carefully removed to avoid skin contact with the exterior of the gloves.
(2) 
The body being removed shall be enclosed in a body bag or other suitable, sealed container which will prevent leakage or escape of blood or other potentially infectious materials during removal from the place of death to the licensed funeral establishment accepting responsibility for the care and preparation of said body.
B. 
Every person, while engaged in actually preparing a dead human body for burial or cremation, shall be provided with and shall use the following personal protective clothing and equipment to protect against exposure to bloodborne pathogens:
(1) 
Disposable OSHA-approved gloves shall be worn for barrier protection against contact with blood or other potentially infectious materials. Other soiled clothing or equipment shall be removed before the removal of gloves. Gloves shall be carefully removed to avoid skin contact with the exterior of the gloves.
(2) 
Nondisposable autopsy, Kevlar® or rubber gloves shall be worn for additional protection if warranted. If nondisposable gloves are used, they shall be cleaned and carefully inspected for punctures, tears or other damage after each use. Damaged gloves shall be replaced immediately. Other soiled clothing or equipment shall be removed before the removal of gloves. Gloves shall be carefully removed to avoid skin contact with the exterior of the gloves.
(3) 
Disposable face masks shall be worn for barrier protection against sprays of blood or other potentially infectious materials to the mouth or nose. Soiled masks shall be replaced immediately.
(4) 
Goggles shall be worn for barrier protection against sprays of blood or other potentially infectious materials to the eyes and for vapor protection against exposure to formaldehyde.
(5) 
Face shields shall be worn for barrier protection against sprays of blood or other potentially infectious materials to the face.
(6) 
Gowns which are impervious to moisture, are washable or disposable, and are long-sleeved shall be worn for barrier protection against skin contact with chemicals, blood or other potentially infectious materials. Soiled gowns shall be replaced immediately.
(7) 
Disposable head and shoe covers shall be worn for barrier protection against blood or other potentially infectious materials.
C. 
All instruments, appliances and equipment used in the preparation of a dead human body shall be used and maintained in a manner which prevents, insofar as is reasonably possible, conversion of blood or other potentially infectious bodily fluids or materials into aerosols or airborne particles.
D. 
Every funeral establishment shall ensure proper disposal of personal protective clothing and equipment. Disposable items contaminated with blood or other potentially infectious materials shall be placed immediately in an appropriately labeled disposal container and removed in accordance with applicable federal, state and local laws and regulations governing hazardous waste disposal. Nondisposable items contaminated with blood or other potentially infectious materials shall be placed immediately in an appropriately labeled laundry container.
E. 
No sheets or linens which have come in contact with a dead human body shall be reused unless they have first been thoroughly laundered and disinfected. No other materials or supplies of any kind which have come in contact with a dead human body shall be used more than once. Contaminated laundry shall be handled as little as possible with a minimum of agitation, shall be bagged or containerized at the location where it was used, and shall not be sorted or rinsed at the location of use. Contaminated laundry shall be placed and transported in bags or containers which are labeled or color-coded in accordance with the applicable requirements of the United States Occupational Safety and Health Administration.
F. 
All instruments, appliances and equipment used in the preparation of a dead human body shall be thoroughly cleansed and sterilized in accordance with all applicable state and federal laws and regulations, including but not limited to all applicable regulations of the United States Occupational Safety and Health Administration and the Massachusetts Department of Public Health, immediately at the conclusion of each individual case.
G. 
Each preparation room in a funeral establishment shall be equipped with proper and convenient receptacles for refuse, bandages, cotton and other waste materials and supplies, and all such refuse, bandages, cotton and other waste materials shall be disposed of in accordance with all applicable federal, state and local laws governing disposal of hazardous waste.
H. 
Whenever a dead human body is transported within, into or out of Massachusetts prior to being embalmed or otherwise prepared for burial or cremation, all persons engaged in the transportation of said body or who may come into physical contact with that body during transportation shall follow the precautions required by 239 CMR 3.12(3).
I. 
Whenever a dead human body is transported or shipped within, into or out of Massachusetts after being embalmed or otherwise prepared for burial or cremation, the use of disposable gloves shall be required only for persons who come into actual physical contact with the body itself. Said body shall be transported or shipped in a sealed casket, body bag or other appropriate sealed container which will prevent leakage or escape of blood or other potentially infectious materials during such shipment or transportation.
J. 
Notwithstanding the provisions of 239 CMR 3.12(1) through (11), where a body is dead of a disease which has been identified by the Massachusetts Department of Public Health or the Centers for Disease Control as one which requires precautions above and beyond those required by 239 CMR 3.12(1) through (11), a licensed funeral establishment and its agents and employees shall follow such additional precautions as may be required or recommended by the Centers for Disease Control with respect to said body.
(1) 
When handling the bagged remains of a person who passed away from the Ebola virus, the remains shall be handled with special precautions.
(a) 
When handling the bagged remains of a person who passed away from the Ebola virus, workers handling the bagged remains shall wear PPE recommended by the CDC, including but not limited to a surgical scrub suit, surgical cap, impervious gown with full sleeve coverage, eye protection (face shield, goggles, etc.), face mask, shoe covers, and double surgical gloves.
(b) 
Do not perform embalming on a deceased person who passed away from the Ebola virus.
(c) 
Do not open the body bags.
(d) 
Do not remove the remains from the body bags. Bagged bodies shall be placed directly into a hermetically sealed casket.
(e) 
In the event of leakage of fluids from the body bag, thoroughly clean and decontaminate areas of the environment with EPA-registered disinfectants that can kill a broad range of viruses in accordance with label instructions. Reusable equipment shall be cleaned and disinfected according to standard procedures.
(f) 
Remains shall be cremated or buried promptly in a hermetically sealed casket.
K. 
In accordance with the regulations of the United States Occupational Safety and Health Administration (29 CFR 1910.1030), every embalmer or funeral director shall inform all workers performing tasks in and for any funeral establishment, including any trade embalmers or other workers who are not directly employed by that establishment, about bloodborne pathogen exposure risks associated with specific tasks, how to protect themselves and others from exposure, and the actions to be taken in the event of an exposure incident.
L. 
A list of precautions shall be visibly posted outside of the preparation room and on all disposal containers.
A. 
It shall be the responsibility of the funeral establishment permit holders to comply with all sections of this regulation. The violator may receive a fine not greater than $1,000.
B. 
Whoever violates any provision of this regulation may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D or by filing a criminal complaint at the appropriate venue.
C. 
Each day any violation exists shall be deemed to be a separate offense.
A. 
Enforcement of this regulation shall be by the South Hadley Board of Health or its designated agent(s).
B. 
Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the South Hadley Board of Health or its designated agent(s) and the Board shall investigate.
If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
This regulation shall take effect on September 2, 2015.