the board. The application shall be subscribed under oath and shall be accompanied by the applicable fee. B. The owner of a licensed alkaline hydrolysis facility shall submit an application on a form prescribed by the board to change the location of the alkaline hydrolysis facility. Chapter 12, Article 3: Regulation and Enforcement 32-1361. Prohibition of embalming by certain persons; certification of embalming A. Only a licensed embalmer, a licensed intern, a registered embalmer’s assistant or a student who assists a licensed embalmer in the embalming of dead human bodies pursuant to section 32-1337 shall embalm a dead human body. A licensed intern or student may only embalm a dead human body under the direct supervision of a licensed embalmer. B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer’s signature and license number. 32-1362. Enucleation of eyes by licensed embalmers An embalmer who is licensed in this state may enucleate the eyes of a dead human body for the purposes specified in and pursuant to title 36, chapter 7, article 3 if the embalmer has completed a course in eye enucleation approved by the Arizona medical board. 32-1363. Use of funeral director title; unlawful use A. A person who is licensed as a funeral director under article 2 of this chapter shall be known as a “funeral director,” “undertaker” or “mortician” or any other title that clearly indicates that the person is engaged in the business of funeral directing. B. It is unlawful for a person who is not licensed as a funeral director under article 2 of this chapter to practice funeral directing or to advertise in a manner or assume any title that would imply that the person is engaged in the business of funeral directing. 32-1364. Crimes against the dead; classification A. It is unlawful for a person, without the authority of law or as normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry, to mutilate a dead human body. B. It is unlawful for a person, without the authority of law, to disinter or remove a dead human body or any part of a dead human body from its sepulcher, grave or other interment site, or from the place where the body is awaiting disposition, with malice or wantonness or with the intent to sell or dissect the body. C. It is unlawful for a person, without the authority of law, to obtain or convert property that is located with or affixed to a dead human body or any part of a dead human body with the intent to deprive the decedent or the decedent’s estate of the property. D. It is unlawful for a person to engage in necrophilia. A person engages in necrophilia by: 1. Having sexual intercourse with a dead human body. 2. Having sexual contact with a dead human body, other than the contact normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry. E. For the purposes of subsection D: 1. “Sexual contact” means any direct or indirect touching, including oral contact, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object. 2. “Sexual intercourse” means penetration into the vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
The application shall be subscribed under oath and shall be accompanied by the applicable fee. Before the board approves a request for a change of location pursuant to this section, the owner shall demonstrate that the new location meets the requirements of this article. F. A person who violates this section is guilty of a class 4 felony. 32-1365. Violations; classification A. It is unlawful: 1. For an embalmer or embalmer’s assistant who knows or should know of a fact that is sufficient to raise suspicion of a crime related to the cause of death or a crime against a dead human body to embalm a dead human body without the permission of the county medical examiner or any other proper official in whose jurisdiction the embalming is to be performed. 2. To disinter a dead human body for removal to any location other than the original cemetery of burial except under the direction of a licensed funeral director. 3. To use, for burial purposes, a casket previously used as a receptacle for the burial or other disposition of a dead human body. 4. To sell a casket that has been used for rental purposes unless fully disclosed in writing to the purchaser and at least the pillow and the mattress have been replaced. 5. For a funeral director or embalmer, or an agent of a funeral director or embalmer, after a death or while a death is impending, to knowingly pay, offer to pay or cause to be paid, directly or indirectly, a sum of money or any other valuable consideration for securing business relating to the death. This paragraph does not prohibit the payment of commissions to salespersons and funeral directors who are employed by a funeral establishment. 6. To knowingly pay, offer to pay or cause to be paid any commission, bonus, rebate or other consideration to a funeral director or embalmer, or to an agent or employee of a funeral director or embalmer, as an inducement to cause a dead human body to be unlawfully disposed of in a crematory or cemetery or to recommend the unlawful disposition of a dead human body in a crematory or cemetery. 7. For any funeral establishment or funeral director to advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another licensed funeral director or establishment as to cause confusion or misunderstanding. 8. For a funeral director or embalmer or an agent of a funeral director or embalmer responsible for directing the lawful disposition of a dead human body to hold a direct pecuniary or proprietary interest in a procurement organization as defined in section 36- 841. This paragraph does not preclude reasonable payments to a funeral establishment or a licensee for preparing, transporting, preserving, storing and delivering a dead human body to a procurement organization as defined in section 36-841. 9. For a funeral establishment owner or operator to influence employees of the funeral establishment to direct human remains to a procurement organization in which the owner or operator of the funeral establishment has a direct pecuniary or proprietary interest. 10. For a procurement organization and a funeral establishment to operate on the same premises.
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