Define

Question 1

“Dead Body”

Answer 1

shall mean any human dead body, including any products of human conception expelled weighing 350 grams or more, or after twenty (20) weeks of gestation, whether born dead or dying thereafter.

Question 2

“Department”

Answer 2

means the Department of Health and Social Services.

Question 3

“Funeral Director”

Answer 3

shall mean an Undertaker or Mortician licensed in the State of Delaware.

Question 4

“Premises In which Interments Are Made”

Answer 4

shall mean burying grounds, cemeteries, tombs or vaults, or any other places where disposal of bodies may be made.

Question 5

“State Registrar”

Answer 5

shall mean Director, Division of Public Health.

Question 6

“Funeral escort”

Answer 6

means a person or entity that provides escorts for funeral processions, including funeral home personnel, law-enforcement personnel and/or any other agency authorized by the Department of Safety and Homeland Security to operate emergency vehicles.

Question 7

“Funeral escort vehicle”

Answer 7

means any motor vehicle that is properly equipped pursuant to § 7102 of this title [omitted] and which escorts a funeral procession.

Question 8

“Funeral lead vehicle”

Answer 8

means any authorized law-enforcement vehicle, or non-law-enforcement motor vehicle properly equipped pursuant to § 7102 of this title [omitted] or a funeral escort vehicle being used to lead and facilitate the movement of a funeral procession. A hearse may serve as the funeral lead vehicle.

Question 9

“Funeral procession”

Answer 9

means 2 or more vehicles, including a funeral lead vehicle or a funeral escort vehicle, accompanying the body of a deceased person or traveling to the church, chapel or other location where the funeral service or entombment is to be held.

Question 10

“Dead body”

Answer 10

means a lifeless human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred.

Question 11

“Department”

Answer 11

means the Department of Health and Social Services.

Question 12

“File”

Answer 12

means the presentation of a vital record provided for in this chapter for registration by the Office of Vital Statistics.

Question 13

“Induced termination of pregnancy”

Answer 13

means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death.

Question 14

“Institution”

Answer 14

means any establishment, public or private, which provides in-patient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law.

Question 15

“Live birth”

Answer 15

means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsations of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.

Question 16

“Physician”

Answer 16

means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State

Question 17

“Registration”

Answer 17

means the acceptance by the Office of Vital Statistics and the incorporation of vital records provided for in this chapter into its official records.

Question 18

“Spontaneous fetal death” or “stillborn fetus”

Answer 18

is defined as a spontaneous death (i.e., not an induced termination of pregnancy) prior to the complete expulsion or extraction from its mother of a product of conception. The death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.

Question 19

“Stillbirth”

Answer 19

means any complete expulsion or extraction from its mother of a product of human conception that weighs 350 grams or more, or in the absence of weight, of 20 completed weeks gestation or more, resulting in other than a live birth and which is not an induced termination of pregnancy.

Question 20

“System of vital statistics”

Answer 20

means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis and publication of vital statistics.

Question 21

“Vital records”

Answer 21

means certificates or reports of birth, death, marriage, divorce or annulment, and data related thereto.

Question 22

“Vital statistics”

Answer 22

means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage, divorce or annulments, and related reports.

Question 23

“Commissioner”

Answer 23

means the State Bank Commissioner.

Question 24

“Insured institution”

Answer 24

means an insured depository institution (as defined in the Federal Deposit Insurance Act at 12 U.S.C. § 1813(c)(2)) or an insured credit union (as defined in the Federal Credit Union Act at 12 U.S.C. § 1752(7)) authorized by law to do business in this State.

Question 25

“Preneed burial contract”

Answer 25

means a contract which has for a purpose the furnishing or performance of funeral services or the furnishing or delivery of personal property, merchandise or services of any nature in connection with the final disposition of a dead human body for future use at a time determinable by the death of the person whose body is to be disposed of, but does not mean the furnishing of a cemetery lot, mausoleum or memorial.

Question 26

“Embalming”

Answer 26

shall mean the disinfecting or preservation of a dead human body, entirely or in part, by the use of chemical substances, fluids, or gases in the body, or by the introduction of the same into the body by vascular or hypodermic injection, or by the direct application of the same into the organs or cavities.

Question 27

“Embalming room assistant”

Answer 27

shall mean a person who has met all of the requirements, including all necessary training in blood borne pathogens standards, and who has received all necessary vaccinations related to the industry, to be able to perform their duties in the embalming or dressing room areas for the preparation of a deceased human remains. Such individual shall not possess the ability to embalm a decedent.

Question 28

“Funeral establishment”

Answer 28

shall mean any place used in the care and preparation of human remains for funeral service, burial, entombment or cremation; said place shall also include areas for embalming, the convenience of the bereaved for viewing and other services associated with human remains. A funeral establishment shall also include a place or office in which the business matters associated with funeral services are conducted. Satellite funeral establishments existing as of May 12, 1988, shall not be required to include an area for embalming.

Question 29

“Intern”

Answer 29

shall mean a person, duly registered with the Board, engaged in training to become a licensed funeral director in this State under the direction and personal supervision of a state-licensed funeral director.

Question 30

“Nonresident funeral director”

.

Answer 30

shall mean a funeral director licensed in another state, district, territory or foreign country.

Question 31

“Protective hairstyle”

Answer 31

includes braids, locks, and twists.

Question 32

“Race”

Answer 32

includes traits historically associated with race, including hair texture and a protective hairstyle.

Question 33

“Student of mortuary science”

Answer 33

shall mean a person registered in an official accredited Institution of Mortuary Science program.

Question 34

“Substantially related”

Answer 34

means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of funeral services