specifically prohibit misrepresentation of the legal requirements concerning preparing and interring dead human bodies. (d) Standard price disclosure formats and price list requirements and definitions to facilitate price comparisons by members of the public. (e) Guidelines to enable members of the public to determine the substantial equivalency of funeral goods available for sale to the public. (f) Administrative and investigative procedures. (g) The efficient administration of the board’s affairs and the enforcement of this chapter. (h) The inspection of all funeral establishments, crematories and alkaline hydrolysis facilities at least once every five years. (i) Any other matters the board deems necessary to carry out this chapter. B. The board may: 1. Subject to title 41, chapter 4, article 4, employ investigative, professional and clerical employees as it deems necessary to carry out this chapter. Compensation of these employees shall be determined pursuant to section 38-611. 2. Appoint citizen advisory committees to make recommendations to the board concerning enforcing and administering this chapter. 3. In connection with investigations or administrative hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, contracts, agreements and other documents or records in any form, administer oaths and take testimony and evidence concerning all matters within its jurisdiction. The board may pay the fees and expenses of witnesses who appear in any proceeding before the board. If a person refuses to obey a subpoena issued by the board, the board may invoke the aid of any court in this state to require the attendance and testimony of witnesses and the production of documentary evidence. 4. Contract with other state and federal agencies as it deems necessary to carry out this chapter. 5. Charge reasonable fees to distribute materials that the board prints or has printed at its expense and for the costs of mailing these materials. 6. Charge the reasonable costs of a fingerprint background check to an applicant for licensure or registration. C. A license or registration issued by the board is not transferrable or subject to sale or assignment, whether by voluntary or involuntary process. D. A licensee or registrant shall conspicuously display the person’s license or registration at the person’s place of employment. 32-1330. Annual intern or embalmer’s assistant report A person who is registered as an embalmer’s assistant or licensed as an intern shall submit to the board, at the time that the person applies to renew the person’s registration or license, an annual report on a form prescribed by the board. The report shall be subscribed under oath by the embalmer’s assistant or intern and the supervising embalmer and shall contain information documenting each embalming that the embalmer’s assistant or intern assisted in or performed.
or an intern under the supervision of a licensed embalmer making the certification. (i) Falsely advertising or labeling any service or merchandise with the intention of deceiving the public. (j) Shipping or delivering any merchandise or supplies that are not the substantial equivalent of or superior in quality to merchandise or supplies previously presented to the purchaser as samples. (k) Committing any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to funeral directing or embalming. (l) Engaging in any conduct or practice that is reasonably related to funeral directing or embalming and that is or may be harmful or dangerous to the health, safety or welfare of the public. (m) Within a period of five years, having a license, registration or endorsement suspended or revoked by the board or by the funeral services licensing authority of any other jurisdiction or surrendering a license, registration or endorsement in lieu of disciplinary action. 32-1307. Powers and duties of the board A. The board shall: 1. Administer and enforce this chapter and the rules adopted pursuant to this chapter. 2. Adopt a seal. 3. Maintain a record of the name and the mailing or employer’s business address of each licensee and registrant. 4. Investigate alleged violations of this chapter and the rules adopted pursuant to this chapter. 5. In accordance with title 41, chapter 6, adopt rules that include provisions relating to the following: (a) The keeping and disposition of records by licensees and registrants. (b) Standards of practice, professional conduct,
competence and consumer disclosure relating to owning or operating a funeral establishment or crematory, funeral directing, embalming and cremation.
(c) The prohibition of deceptive, misleading or professionally negligent practices in advertising, offering or selling funeral
goods or services by funeral establishments, crematories, licensees and registrants and agents of funeral establishments, crematories, licensees and registrants. The rules shall
Chapter 12, Article 2: Licensing and Registration 32-1321. License or registration requirement; persons not required to be licensed or registered; nontransferability; display A. A person shall not advertise or engage in funeral directing or embalming without having a valid license or registration issued by the board. B. This article does not prohibit: 1. A student who is enrolled in a college of mortuary science that is recognized by the board pursuant 2. A person from performing removals or arrangements or from directing funeral services under the direction of and accountable to a licensed funeral director. 3. A licensed cemetery employee from selling burial or final disposition items or from arranging or directing cemetery services. to section 32-1336 from assisting a licensed embalmer in embalming dead human bodies pursuant to section 32-1337.
Page 6
Book Code: FAZ0625
EliteLearning.com/Funeral
Powered by FlippingBook