§ 90-210.27A.  Funeral establishments.

(a) Every funeral establishment shall contain a preparation room which is strictly private, of suitable size for the embalming of dead bodies. Each preparation room shall:

(1) Contain one standard type operating table.

(2) Contain facilities for adequate drainage.

(3) Contain sanitary receptacles for the storage of waste and soiled linens.

(4) Contain an instrument sterilizer.

(5) Have wall-to-wall floor covering of tile, concrete, or other material which can be easily cleaned.

(6) Be kept in sanitary condition and subject to inspection by the Board or its agents at all times.

(7) Have a placard or sign on the door indicating that the preparation room is private.

(8) Have a proper ventilation or purification system to maintain a nonhazardous level of airborne contamination.

(9) Contain surgical gloves and clean smocks or gowns for use when embalming or otherwise preparing remains for disposition.

(10) Contain identification tags for use in accordance with G.S. 90-210.29A.

(a1) If a funeral establishment is destroyed by fire, weather event, or other natural disaster, the Board may suspend the requirements of subsections (a) and (c) of this section, in part or whole, for a period not to exceed two years. To receive an extension of more than two years from the date of loss, the funeral establishment may petition a court of competent jurisdiction who, upon finding that granting the requested extension would not negatively affect the public health, safety, and welfare, may grant an additional extension not to exceed three years from the date of loss or one year from the date of the court's order, whichever is greater. In addition to remaining in compliance with all applicable State laws, rules, and regulations of the city or county where the funeral establishment is located, a funeral establishment operating under a waiver or extension granted under this section shall do all of the following:

(1) Comply with all rules and regulations imposed on funeral establishments and the funeral profession designed to protect consumers, including the provisions of G.S. 90-210.25(d) and the standards set forth in Funeral Industry Practices, 16 C.F.R. § 453, as amended.

(2) Maintain all of the licensee's business records at a location made known to the Board and available for inspection by the Board under the same terms and conditions as the business records of a funeral establishment.

(b) No one is allowed in the preparation room while a dead human body is being prepared except licensees, resident trainees, public officials in the discharge of their duties, members of the medical profession, officials of the funeral home, next of kin, or other legally authorized persons.

(c) Every funeral establishment shall contain a reposing room for dead human bodies, of suitable size to accommodate a casket and visitors.

(d) Repealed by Session Laws 1997-399, s. 14.

(e) If a funeral establishment is solely owned by a natural person, that person must be licensed by the Board as a funeral director or a funeral service licensee. If it is owned by a partnership, at least one partner must be licensed by the Board as a funeral director or a funeral service licensee. If it is owned by a corporation, the president, vice-president, or the chairman of the board of directors must be licensed by the Board as a funeral director or a funeral service licensee. If it is owned by a limited liability company, at least one member must be licensed by the Board as a funeral director or a funeral service licensee. The licensee required by this subsection must be actively engaged in the operation of the funeral establishment. A provisional license to practice funeral directing pursuant to G.S. 90-210.25(a)(3a) shall not qualify as a funeral director's license for the purposes of this subsection, subsection (d) of G.S. 90-210.25, or Article 13D of this Chapter.

(f) If a funeral establishment uses the name of a living person in the name under which it does business, that person must be licensed by the Board as a funeral director or a funeral service licensee.

(g) No funeral establishment shall own, operate, or maintain a branch funeral establishment or chapel without first having registered the name, location, and ownership with the Board; or own or maintain a branch funeral establishment or chapel outside of a radius of 50 miles in a straight line from the funeral establishment.

(h) All public health laws and rules apply to funeral establishments. In addition, all funeral establishments must comply with all of the standards established by the rules adopted by the Board.

(i) No funeral establishment shall use a misleading name. Misleading names include, but are not limited to, names in the plural form when there is only one funeral establishment, the use of names of deceased individuals, unless the establishment is licensed using the name at the time the new application is made, the use of names of individuals not associated with the establishment, and the use of the words "crematory," "crematorium," or "crematory center" in the name of a funeral establishment that does not share a facility or other contiguous real property with a crematory licensee. If an owner of a funeral establishment owns more than one funeral establishment or chapel, the owner may not use the word "crematory," "crematorium," or "cremation center" in the name of more than one of its funeral establishments; except that each funeral home having a crematory licensee on the premises may contain the term "crematory," "crematorium," or "cremation center" in its name.

(j) A funeral establishment will not use any name other than the name by which it is properly registered with the Board.

(k) Human remains shall be stored in a funeral establishment, a licensed crematory, or an embalming facility at all times when the remains are not in transit or at a gravesite, church, or other facility or residence for the purpose of a visitation or funeral service.

(l) Funeral establishments and crematories shall refrigerate a deceased body at a temperature not greater than 40 degrees Fahrenheit unless final disposition will occur within 24 hours of the time that the funeral establishment or crematory takes custody.  (1987, c. 430, s. 13; c. 879, s. 6.2; 1997-399, s. 14; 2001-294, s. 4; 2003-420, s. 9(a), (b); 2007-531, s. 5; 2018-78, s. 2; 2019-207, s. 1(a1); 2025-2, s. 5.6(a); 2025-76, s. 3.8.)