HOUSE BILL NO. 9
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H0009aa,aaS..................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
FUNERAL DIRECTORS - MORTICIANS - Amends and repeals existing law to revise
examination and licensure of funeral directors and morticians; and to
revise the licensing of funeral and crematory establishments.
01/06 House intro - 1st rdg - to printing
Rpt prt - to St Aff
01/16 Rpt out - Ref'd to Bus
02/06 Rpt out - to Gen Ord
02/07 Rpt out amen - to engros
02/10 Rpt engros - 1st rdg - to 2nd rdg as amen
02/11 2nd rdg - to 3rd rdg as amen
02/12 3rd rdg as amen - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Langhorst, Mitchell
Floor Sponsor - Black
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to Com/HuRes
03/13 Rpt out - to 14th Ord
03/21 Rpt out amen - to 1st rdg as amen
03/24 1st rdg - to 2nd rdg as amen
03/25 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Calabretta, Noble
Floor Sponsor - Compton
Title apvd - to House
03/27 House concurred in Senate amens - to engros
03/28 Rpt engros - 1st rdg - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
04/01 3rd rdg as amen - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills,Mr.
Speaker.
NAYS -- None
Absent and excused -- Kellogg, Wood
Floor Sponsor - Black
Title apvd - to enrol
04/02 Rpt enrol - Sp signed
04/03 Pres signed
04/04 To Governor
04/08 Governor signed
Session Law Chapter 257
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 9
BY MR. SPEAKER
Requested by: Bureau of Occupational Licenses
1 AN ACT
2 RELATING TO MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS; AMENDING SECTION
3 54-1102, IDAHO CODE, TO ALPHABETIZE AND REVISE DEFINITIONS, TO DEFINE
4 "CREMATION," "CREMATORY," "HUMAN REMAINS," "CREMAINS," "COLUMBARIUM" AND
5 "ESTABLISHMENT" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
6 54-1103, IDAHO CODE, TO PROVIDE FOR A RESIDENT TRAINEE LICENSE, TO REMOVE
7 LANGUAGE PERMITTING A LICENSED MORTICIAN TO PERFORM FUNERAL DIRECTOR SER-
8 VICES AND A LICENSED RESIDENT TRAINEE TO PERFORM FUNERAL DIRECTOR SERVICES
9 UNDER THE PERSONAL SUPERVISION OF A LICENSED MORTICIAN, TO PROHIBIT THE
10 OPERATION OF A CREMATORY WITHOUT A VALID ESTABLISHMENT LICENSE AND TO MAKE
11 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1104, IDAHO CODE, TO MAKE TECH-
12 NICAL CORRECTIONS AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION
13 54-1106, IDAHO CODE, TO AUTHORIZE THE STATE BOARD OF MORTICIANS TO PROVIDE
14 FOR THE LICENSURE AND REGULAR INSPECTION OF FUNERAL ESTABLISHMENTS AND
15 CREMATORIES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1108,
16 IDAHO CODE, TO REMOVE LANGUAGE REFERENCING MORTICIAN'S LICENSES, TO PRO-
17 VIDE FOR EXAMINATIONS FOR MORTICIAN APPLICANTS, TO MAKE GRAMMATICAL
18 CHANGES, TO SET FORTH EXAMINATION REQUIREMENTS FOR FUNERAL DIRECTOR APPLI-
19 CANTS AND TO REMOVE LANGUAGE REQUIRING THE BOARD TO GRADE OR HAVE LICENSED
20 MORTICIANS GRADE EXAMINATIONS; AMENDING SECTION 54-1109, IDAHO CODE, TO
21 PROVIDE DESCRIPTIVE LANGUAGE, TO SET FORTH REQUIREMENTS FOR FUNERAL DIREC-
22 TOR LICENSES, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORREC-
23 TIONS; REPEALING SECTION 54-1110, IDAHO CODE; AMENDING SECTION 54-1111,
24 IDAHO CODE, TO REVISE AND PROVIDE DESCRIPTIVE LANGUAGE, TO PROVIDE FOR THE
25 ISSUANCE OF CREMATORY ESTABLISHMENT LICENSES, TO REVISE AND PROVIDE
26 REQUIREMENTS FOR SUCH ISSUANCE, TO REQUIRE THE MAINTENANCE OF CERTAIN
27 RECORDS, TO DELETE REFERENCES TO FUNERAL ESTABLISHMENTS AND TO MAKE TECH-
28 NICAL CORRECTIONS; AMENDING SECTION 54-1112, IDAHO CODE, TO REVISE
29 REQUIREMENTS FOR RESIDENT TRAINEE LICENSES AND TO MAKE TECHNICAL CORREC-
30 TIONS; REPEALING SECTION 54-1114, IDAHO CODE; AMENDING SECTION 54-1115,
31 IDAHO CODE, TO PROVIDE FOR A CREMATORY LICENSE FEE OF NOT MORE THAN TWO
32 HUNDRED DOLLARS, TO REMOVE LANGUAGE DISALLOWING THE PRORATION OF FEES FOR
33 A PART YEAR LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
34 54-1116, IDAHO CODE, TO REMOVE REFERENCES TO FUNERAL ESTABLISHMENTS AND TO
35 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1117, IDAHO CODE, TO
36 REMOVE THE REQUIREMENT THAT THE BOARD PROVIDE WRITTEN NOTICE TO A LICENSEE
37 OR APPLICANT CONTAINING A STATEMENT OF CHARGES AND THE HEARING DATE, TIME
38 AND PLACE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1118,
39 IDAHO CODE, TO REMOVE REFERENCES TO FUNERAL ESTABLISHMENTS, TO PROHIBIT
40 LICENSED PERSONS OR THEIR AGENTS FROM PARTICIPATING IN CERTAIN TRANSAC-
41 TIONS OR BUSINESS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
42 54-1120, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE, TO REQUIRE THAT A
43 PERMIT FOR FINAL DISPOSITION BE SIGNED BY THE INDIVIDUAL AUTHORIZED BY LAW
44 TO CERTIFY THE CAUSE OF DEATH AND TO PROVIDE THAT HUMAN REMAINS SHALL NOT
45 BE DELIVERED TO A CREMATORY OR REMOVED FROM A CASKET OR OTHER CONTAINER
46 WITHOUT WRITTEN CONSENT OF THE PERSON GIVING CONSENT TO THE CREMATION;
2
1 AMENDING SECTION 54-1128, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE
2 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1131, IDAHO CODE,
3 TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
4 54-1132, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING FIRMS, PARTNERSHIPS,
5 CORPORATIONS, ASSOCIATIONS AND SALES OR BUSINESS ENTITIES AND TO MAKE
6 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1136, IDAHO CODE, TO REMOVE
7 LANGUAGE PERMITTING ADVERTISING OR MARKETING OF PREARRANGEMENT SALES CON-
8 TRACTS BY AGENTS OR EMPLOYEES OF CONTRACT SELLERS AND TO MAKE TECHNICAL
9 CORRECTIONS; AMENDING SECTION 54-1138, IDAHO CODE, TO PROVIDE REFERENCE TO
10 FUNERAL DIRECTORS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
11 54-1141, IDAHO CODE, TO MAKE GRAMMATICAL CHANGES AND TO PERMIT ARRANGE-
12 MENTS FOR FUNERAL SERVICES THAT DO NOT CONFLICT WITH THE DECEASED'S
13 INSTRUCTIONS FOR DISPOSITION; AND AMENDING SECTION 54-1143, IDAHO CODE, TO
14 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 54-1102, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 54-1102. DEFINITIONS. As used in this act:
19 A. "Mortician" means any person engaged in or conducting, or holding him-
20 self out as engaged in or conducting, any of the following activities:
21 (1) Caring for or preparing dead human bodies for burial or disposal.
22 (2) Disinfecting or preparing dead human bodies by embalming, or other-
23 wise, for funeral service, transportation, burial or disposal.
24 (3) Directing or supervising the burial or disposal of dead human bodies.
25 (4) Arranging for funeral services for dead human bodies.
26 (5) Selling funeral supplies to the public.
27 (6) Conducting, directing or supervising a funeral service.
28 (7) Arranging for or selling mortician services to the public.
29 (1) "Board" means the state board of morticians of the state of Idaho or
30 any successor thereof.
31 (2) "Bureau chief" means the chief of the bureau of occupational
32 licenses.
33 (3) "Burial" means the interment or entombment of dead human bodies in
34 any manner.
35 (4) "Cremains" means human remains after cremation.
36 (5) "Cremation" means the reduction of the body of a deceased person to
37 cremated remains in a crematory.
38 (6) "Crematory" means a building or structure containing one (1) or more
39 retorts for the reduction of bodies of deceased persons to cremated remains.
40 (7) "Columbarium" means a structure, room or other space in a building or
41 structure containing niches for permanent inurnment of cremains.
42 (8) "Department" means the department of self-governing agencies of the
43 state of Idaho.
44 (9) "Embalming" means the disinfecting, preparing or preserving for final
45 disposition of dead human bodies, in whole or in part, or any attempt to do
46 so, by the use or application of chemical substances, fluids or gases on the
47 body, or by the introduction of the same into the body by vascular or hypoder-
48 mic injection or by direct introduction into organs or cavities, or by any
49 other method or process.
50 (10) "Establishment" means any funeral establishment or crematory estab-
51 lishment regulated by the board of morticians.
52 B.(11) "Funeral director" means any person engaged in or conducting, or
3
1 holding himself out as engaged in or conducting, any of the following activi-
2 ties:
3 (1a) Conducting funeral services Directing or supervising the burial or
4 disposal of dead human bodies.
5 (2b) Supervising or directing the burial or disposal of Arranging for
6 funeral services for dead human bodies.
7 (3c) Performing any act or service connected with such acts which is not
8 included within the meaning of the term embalming as used in this act.
9 Provided, however, this definition shall apply only to those persons who
10 are holders of a funeral director's license which is valid to June 30,
11 1970 Selling funeral goods and services to the public.
12 (d) Conducting, directing or supervising a funeral service.
13 C. "Embalming" means the disinfecting, preparing or preserving for final
14 disposition of dead human bodies, in whole or in part, or any attempt to do
15 so, by the use or application of chemical substances, fluids or gases on the
16 body, or by the introduction of the same into the body by vascular or hypoder-
17 mic injection or by direct introduction into organs or cavities, or by any
18 other method or process.
19 D. "Burial" means the interment, cremation or entombment of dead human
20 bodies in any manner.
21 E. "Resident trainee" means a person who is engaged in preparing to
22 become licensed as a mortician, and who practices embalming or other acts of a
23 mortician under the direct and immediate personal supervision of a licensed
24 mortician pursuant to a license from the state board of morticians.
25 (12) "Funeral director license" means a yearly license issued by the board
26 to act as a funeral director and perform funeral director services as defined
27 in this chapter.
28 (13) "Funeral director services" means the services of a funeral director
29 defined in subsection (11) of this section. Funeral director services do not
30 include embalming or cremation.
31 (14) "Funeral establishment" means a place of business conducted at a spe-
32 cific street address or location devoted to the embalming and care and prepa-
33 ration for burial or disposal of dead human bodies including all portions of
34 such business premises and all tools, instruments and supplies used in the
35 preparation and embalming of dead human bodies for burial or disposal, and
36 including any chapel or other facility in which funeral or other religious
37 services may be conducted.
38 G. "Department" means the department of self-governing agencies of the
39 state of Idaho.
40 H. "Bureau chief" means the chief of the bureau of occupational licenses.
41 I. "Board" means the state board of morticians of the state of Idaho or
42 any successor thereof.
43 J. "Mortician license" means a yearly license issued by the board to act
44 as a mortician and perform mortician services as defined in this act.
45 K. "Funeral director license" means a yearly license issued by the board
46 to act as a funeral director and perform funeral director services as defined
47 in this act.
48 L.(15) "Funeral establishment license" means a yearly license issued by
49 the board authorizing the licensee to conduct a funeral establishment as
50 defined in this act chapter.
51 M. "Resident trainee license" means a yearly license issued by the board
52 to act as a licensed resident trainee and perform mortician services under the
53 direct personal supervision of a licensed mortician as defined in this act.
54 N.(16) "Funeral services" means any funeral or religious service conducted
55 in connection with, or preparatory to, the burial or disposal of a dead human
4
1 body.
2 (17) "Funeral supplies" means caskets, vaults, burial receptacles and any
3 other personal property sold for use in the burial or disposal of a human
4 body.
5 (18) "Human remains" means the body of a deceased person in any condition
6 or state of decomposition including cremated remains.
7 (19) "Mortician" means any person engaged in or conducting, or holding
8 himself out as engaged in or conducting, any of the following activities:
9 (a) Caring for or preparing dead human bodies for burial, cremation or
10 disposal.
11 (b) Disinfecting or preparing dead human bodies by embalming, or other-
12 wise, for funeral service, transportation, burial, cremation or disposal.
13 (c) Directing or supervising the burial, cremation or disposal of dead
14 human bodies.
15 (d) Arranging for funeral services for dead human bodies.
16 (e) Selling funeral goods and services to the public.
17 (f) Conducting, directing or supervising a funeral service.
18 (20) "Mortician license" means a yearly license issued by the board to act
19 as a mortician and perform mortician services as defined in this chapter.
20 O.(21) "Mortician services" means the services of a mortician defined in
21 subsection A(19) of this section.
22 P. "Funeral director services" means the services of a funeral director
23 defined in subsection B of this section.
24 Q. "Funeral supplies" means caskets, vaults, burial receptacles and any
25 other personal property sold for use in the burial or disposal of a human
26 body.
27 (22) "Resident trainee" means a person who is engaged in preparing to
28 become licensed as a mortician or funeral director, and who practices under
29 the direct and immediate personal supervision of a licensed mortician pursuant
30 to rules adopted by the board.
31 (23) "Resident trainee license" means a yearly license issued by the board
32 to act as a licensed resident trainee and perform services under the direct
33 personal supervision of a licensed mortician as defined in this chapter.
34 SECTION 2. That Section 54-1103, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 54-1103. PERSONS REQUIRED TO HAVE LICENSES. A.(1) It shall be unlawful
37 for any person to perform, offer to perform or hold himself out as performing
38 mortician services or any of the acts of a mortician, unless he shall first
39 obtain a mortician license or resident trainee license as provided in this act
40 chapter; and it shall be unlawful for a licensed resident trainee to perform
41 mortician services or any of the acts of a mortician except under the personal
42 supervision of a resident mortician licensed under this act chapter.
43 B.(2) It shall be unlawful for any person to perform, offer to perform or
44 hold himself out as performing funeral director services unless he has a
45 funeral director's license or resident trainee license as provided in this
46 act; provided, however, any mortician licensed under this act shall be autho-
47 rized to perform funeral director services, and a resident trainee licensed
48 under this act shall be authorized to perform funeral director services under
49 the personal supervision of a licensed mortician chapter.
50 C.(3) It shall be unlawful for any person to operate a funeral establish-
51 ment unless he shall or crematory without first obtaining a funeral the valid
52 establishment licenses as provided in this act chapter.
5
1 SECTION 3. That Section 54-1104, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-1104. EXEMPTIONS FROM PROVISIONS OF ACT CHAPTER. There is hereby
4 exempted from the terms and provisions of this act chapter and from the
5 enforcement of the provisions hereof, the following:
6 A.(1) Manufacturers, wholesalers and jobbers of caskets, funeral sup-
7 plies, vaults or other burial receptacles not engaged in performing mortician
8 services and not selling to the public, except when said sales to the public
9 are sales with immediate delivery of the funeral supplies purchased.
10 B.(2) Cemeteries selling vaults or burial receptacles to the public.
11 C.(3) Any duly authorized representative of any church, fraternal order
12 or other association or organization honoring the dead who performs a funeral
13 or other religious service under the authority of and pursuant to the reli-
14 gious tenets or practices of such organization. This exemption does not
15 authorize, permit or allow such person to perform the functions of a mortician
16 or funeral director under section 54-1102 A.(11) or B.(19), Idaho Code, unless
17 he shall be licensed as required by law.
18 SECTION 4. That Section 54-1106, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-1106. POWERS AND DUTIES OF BOARD. The state board of morticians shall
21 have the following powers and duties:
22 A.(1) To prepare, conduct, and grade examinations of applicants for mor-
23 tician licenses.
24 B.(2) To certify the results of examinations of applicants and certify
25 the applicant as having "passed" or "failed."
26 C.(3) To conduct hearings and proceedings in connection with the suspen-
27 sion or revocation of licenses.
28 D.(4) To make findings and recommendations to the governor on any and all
29 matters relating to the enforcement of the provisions of this act chapter.
30 E.(5) To perform all other duties and exercise all other powers granted
31 under this act chapter, or the laws of the state of Idaho.
32 F.(6) To authorize, by written agreement, the bureau of occupational
33 licenses as agent to act in its interest.
34 G.(7) To perform all duties and exercise all powers granted under chapter
35 3, title 27, Idaho Code, pertaining to licensing and regulation provide for
36 the licensure and regular inspection of funeral establishments and
37 crematories.
38 SECTION 5. That Section 54-1108, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 54-1108. EXAMINATION OF APPLICANTS FOR LICENSE -- SUBJECTS -- CERTIFICA-
41 TION OF RESULTS. The board of morticians shall have the sole power for deter-
42 mining the nature, type and extent of examinations to be taken by applicants
43 for a mortician's license., but such eExaminations for mortician applicants
44 shall include generally the following subjects: anatomy, chemistry, physiol-
45 ogy, psychology, sanitary science, the care, disinfection, preservation,
46 transportation of and burial, or other final disposition of dead human bodies,
47 and the laws and rules of the state of Idaho. and the rules of the state
48 department of health and welfare relating to infectious diseases and quaran-
49 tine Examinations for funeral director applicants shall include generally the
50 following subjects: sociology, psychology, funeral directing, business law,
6
1 funeral service law, funeral service merchandising, accounting, computers, and
2 the laws and rules of the state of Idaho. The board shall grade, or cause to
3 have graded by licensed morticians, the examinations and shall determine
4 whether the applicant has passed or failed such examination. Examinations may
5 be written or as determined at the discretion of the board, and shall be held
6 at such times and at such places within the state of Idaho as determined by
7 the board of morticians. National conference examinations, passed at an
8 accredited embalming college, may be accepted by the board. Upon the conclu-
9 sion of grading any and all of the above examinations, the board of morticians
10 shall certify the results listing each applicant as having failed or passed
11 the examination, and such determination shall not be subject to review.
12 SECTION 6. That Section 54-1109, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-1109. REQUIREMENTS FOR MORTICIAN'S LICENSE -- REQUIREMENTS FOR FUNERAL
15 DIRECTOR LICENSE -- LICENSE BY ENDORSEMENT. (A1) The board shall issue to any
16 person a mortician's license to practice as a mortician and perform mortician
17 services within the state of Idaho who has complied with and fulfilled all of
18 the following requirements:
19 (1a) Has attained the age of twenty-one (21) years.
20 (2b) Is of good moral character.
21 (3c) Has completed and received credit for at least sixty (60) semester
22 hours' or ninety (90) quarter-hours' instruction in a duly accredited col-
23 lege or university and has obtained at least a C grade average for all
24 courses of instruction; provided, however, at least three-fourths (3/4) of
25 all of such credits must be for courses in the fields of liberal arts,
26 business or science as defined and specified by the board of morticians.
27 (4d) Has successfully completed a course in an embalming school accred-
28 ited by the American Bboard of Ffuneral Sservice Eeducation, Iinc., or
29 such other embalming school as approved by the board of morticians.
30 (5e) Has practiced as a licensed resident trainee in the state of Idaho
31 under the personal supervision of a licensed resident mortician for not
32 less than twelve (12) months, and has assisted in embalming at least
33 twenty-five (25) dead human bodies; provided, however, such practice as a
34 licensed resident trainee of the state of Idaho may be filled and per-
35 formed either before or after the required post-high school education.
36 (6f) Has filed an application with the board as required by this act
37 chapter and paid the required filing fee therefor.
38 (7g) Has passed the required examination prepared and conducted by the
39 board of morticians. Provided further, that the board shall determine com-
40 pliance with all of the above qualifications, except this paragraph relat-
41 ing to examinations, at the time the applicant files his application as
42 hereinafter provided and before the examination is conducted by the board
43 of morticians.
44 (B2) The board shall issue to any person a funeral director license to
45 practice as a funeral director and perform funeral director services within
46 the state of Idaho who has complied with and fulfilled all of the following
47 requirements:
48 (a) Has attained the age of twenty-one (21) years.
49 (b) Is of good moral character.
50 (c) Has completed and received at least sixty (60) semester hours' or
51 ninety (90) quarter-hours' instruction from a duly accredited college or
52 university and has obtained at least a C grade average for all courses of
53 instruction; provided, however, at least three-fourths (3/4) of all such
7
1 credits must be for courses in the fields of liberal arts, business or
2 science as defined and specified by the board.
3 (d) Has successfully completed at least twenty-one (21) quarter credit
4 hours or the equivalent from a mortuary college accredited by the American
5 board of funeral service education, inc., with course of study to include
6 funeral service and business law, funeral service psychology, funeral ser-
7 vice sociology, funeral service counseling, funeral service management and
8 other classes that relate to conducting funeral business.
9 (e) Has practiced as a licensed trainee in the state of Idaho under the
10 personal supervision of a licensed mortician for not less than twelve (12)
11 months, and has assisted in making at least twenty-five (25) funeral
12 arrangements and in conducting at least twenty-five (25) funerals.
13 (f) Has successfully passed the required examination as established by
14 the rules of the board. An applicant shall not be qualified to take the
15 examination until all other requirements have been met.
16 (g) Has filed an application with the board as required by this chapter
17 and paid the required fees.
18 (3) Any person holding a current, valid license in another state or ter-
19 ritory having substantially similar requirements to those existing in this
20 state, may be granted a license without examination, provided:
21 (1a) The applicant files with the board a certified statement from the
22 examining board of the state or territory in which the applicant holds his
23 license, verifying the license and showing the basis upon which the
24 license was granted; and
25 (2b) The applicant pays the license fee; and
26 (3c) The applicant satisfies the board that he understands the laws and
27 regulations rules of this state as to funeral service.
28 (C4) A person holding a current, valid license in another state or terri-
29 tory with requirements significantly lower than those of this state who has at
30 least five (5) consecutive years of experience as a licensee in the other
31 state or territory prior to application, may apply for a license to practice
32 in this state without meeting the full requirements of subsection (A1) of this
33 section. Upon payment of the licensee fee and passing such test of proficiency
34 as the board shall require including, but not limited to, a knowledge of the
35 laws and administrative rules of this state as to funeral service, the board
36 shall grant a license.
37 SECTION 7. That Section 54-1110, Idaho Code, be, and the same is hereby
38 repealed.
39 SECTION 8. That Section 54-1111, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-1111. REQUIREMENTS FOR FUNERAL ESTABLISHMENT LICENSE -- CANCELLATION
42 -- RECORDS -- OPERATION BY LEGAL REPRESENTATIVE OF ESTATE. A.(1) The board
43 shall issue a funeral establishment license or crematory establishment license
44 to any person, partnership, association, corporation or other organization to
45 conduct a funeral establishment operate at specific locations only, which has
46 met the following requirements:
47 (1a) That the applicant, if an individual, is a licensed mortician or
48 funeral director under this act chapter and is a resident of the state of
49 Idaho.
50 (2b) That the applicant has not been refused a license as a mortician or
51 funeral director, or its equivalent, or as a funeral for an establishment,
52 or its equivalent; nor has said applicant or had a mortician's personal or
8
1 funeral establishment license revoked in Idaho or in any other state.
2 (3c) That the applicant has designated the name under which the funeral
3 establishment will operate and has designated a locations for which the
4 general establishment license is to be issued.
5 (4d) That the applicant has at least one (1) mortician licensed under
6 this act chapter who is a resident of the state of Idaho and who is, and
7 will be, in the employ or service of the funeral establishment. at its
8 location on a full-time basis.
9 (5e) That the applicant has filed an application with the board as
10 required by this act and paid the required filing fee. therefor. Provided
11 further, that the board shall make the determination of qualifications of
12 all applicants within a reasonable time after the filing of an application
13 with the board. and its determination shall be final. No funeral estab-
14 lishment license shall be transferable, but an applicant may make applica-
15 tion for more than one (1) funeral establishment license so long as all of
16 the requirements are met for each license.
17 (f) That the applicant for a crematory establishment license holds a cur-
18 rent funeral establishment license in the state of Idaho.
19 B.(2) All applications for establishment licenses shall be in writing and
20 shall contain the name of the applicant, the address and location of the
21 establishment and a description of the type of structure and equipment to be
22 used in the operation of the establishment, and such further information as
23 may be required by the board to ensure the safe and sanitary operation of the
24 establishment.
25 (3) The mortician responsible for the operation of an establishment shall
26 maintain such records affecting the handling, custody, care, processing or
27 transportation of human remains as may be required by the laws and rules of
28 the state of Idaho and the board for all human remains received, prepared,
29 cremated or otherwise disposed of by the establishment.
30 (4) In the event a licensed funeral establishment ceases to have a resi-
31 dent full-time licensed mortician in its employ at its place of business, its
32 license shall be canceled immediately by the board upon finding such fact;
33 provided, however, in the event of the death of a licensed mortician who
34 leaves a funeral an establishment as part of the assets of his estate, the
35 legal representative of the estate of the deceased mortician shall be entitled
36 to operate the funeral establishment under the license, or renewals thereof,
37 for a period not to exceed two (2) years from date of death of the mortician
38 without meeting the qualifications of an applicant and without having a full-
39 time licensed mortician in his employ; provided further, however, this provi-
40 sion shall not permit an unlicensed person to perform mortician services.
41 SECTION 9. That Section 54-1112, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 54-1112. REQUIREMENTS FOR RESIDENT TRAINEE LICENSE. The board shall issue
44 to any person a resident trainee license to practice as a resident trainee and
45 perform mortician services at a particular funeral establishment under the
46 personal supervision of a specified licensed mortician within the state of
47 Idaho who has complied with and fulfilled all of the following requirements:
48 A.(1) Has attained the age of eighteen (18) years, and is a resident of
49 the state of Idaho.
50 B.(2) Is of good moral character.
51 C.(3) Has graduated from an accredited high school or has received an
52 equivalent education as determined by the standards set and established by the
53 state board of education.
9
1 D.(4) Has filed an application with the board as required by this act
2 chapter and paid the required filing fee. therefor. Provided further, that the
3 board shall make the determination of qualifications of all applicants within
4 a reasonable time after the filing of an application with the board. and its
5 determination shall be final. Provided further, no person shall be eligible to
6 be licensed as a resident trainee who has practiced as a resident trainee or
7 apprentice for a total cumulative period of more than two (2) years in the
8 state of Idaho.
9 SECTION 10. That Section 54-1114, Idaho Code, be, and the same is hereby
10 repealed.
11 SECTION 11. That Section 54-1115, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 54-1115. LICENSE FEES. There shall be paid with the filing of any appli-
14 cation for an original license, or the applications for any renewal of a
15 license, the following license fees:
16 A.(1) Not more than one hundred dollars ($100) for a mortician license.
17 B.(2) Not more than one hundred dollars ($100) for a funeral director
18 license.
19 C.(3) Not more than one hundred fifty dollars ($150) for a funeral estab-
20 lishment license.
21 D.(4) Not more than two hundred dollars ($200) for a crematory license.
22 (5) Not more than one hundred dollars ($100) for a resident trainee
23 license.
24 E.(6) Not more than one hundred dollars ($100) for a certificate of
25 authority.
26 F.(7) Not more than one hundred dollars ($100) application fee for
27 endorsement and/or examination.
28 There shall be no proration of fees for a part-year license. All fees shall be
29 paid to the bureau of occupational licenses.
30 SECTION 12. That Section 54-1116, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 54-1116. DENIAL, SUSPENSION, OR REVOCATION OF LICENSES -- GROUNDS -- PRO-
33 BATION. The board may refuse to issue or may refuse to renew or may suspend or
34 may revoke any license, or may place the holder thereof on a term of proba-
35 tion, after proper hearing, upon finding that the holder of such license com-
36 mitted any of the following acts or omissions:
37 A.(1) Conviction of a crime involving moral turpitude.
38 B.(2) Conviction of a felony.
39 C.(3) Unprofessional conduct, which is hereby defined to include:
40 (1a) Misrepresentation or fraud in the conduct of mortician or funeral
41 director services;
42 (2b) False or misleading advertising as the holder of a license for the
43 practice of mortician or funeral director services; advertising or using
44 the name of a person who is not an employee of the funeral establishment
45 in connection with that of any funeral establishment;
46 (3c) Solicitation of dead human bodies by the licensee, his agents,
47 assistants or employees, whether such solicitation occurs before death or
48 after death; provided, that this shall not be deemed to prohibit general
49 advertising;
50 (4d) Employment by the licensee of persons known as "cappers," or
10
1 "steerers," or "solicitors," or other such persons to solicit or obtain
2 agreements with the public for the performance of mortician services;
3 (5e) Employment directly or indirectly, of any resident trainee, agent,
4 assistant, employee, or other person, on part or full time, or on commis-
5 sion, for the purpose of calling upon individuals or institutions by whose
6 influence dead human bodies may be turned over to a particular mortician,
7 funeral director or funeral establishment;
8 (6f) The direct or indirect payment, or offer of payment, of a commission
9 by the licensee, his agents, assistants, or employees for the purpose of
10 securing business;
11 (7g) Gross immorality;
12 (8h) Aiding or abetting an unlicensed person to practice mortician or
13 funeral director services;
14 (9i) Using profane, indecent or obscene language in the presence of a
15 dead human body, or within the immediate hearing of the family or rela-
16 tives of a deceased, whose body has not yet been interred or otherwise
17 disposed of;
18 (10j) Violation of any of the provisions of this act chapter;
19 (11k) Violation of any state law, or municipal or county ordinance, or
20 regulation rule authorized under this act chapter affecting the handling,
21 custody, care, processing or transportation of dead human bodies;
22 (12l) Fraud or misrepresentation in obtaining or renewing a license;
23 (13m) Refusing to promptly surrender the custody of a dead human body
24 upon the express order of the person lawfully entitled to the custody
25 thereof;
26 (14n) Solicitation or acceptance, directly or indirectly, of a request,
27 before need, for an agreement to provide mortician services or funeral
28 supplies at a price less than that offered by such person to others at
29 time of need;
30 (15o) Violation of any statutes of any state having to do with prear-
31 rangement or prefinancing of mortician services or funeral supplies.
32 SECTION 13. That Section 54-1117, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 54-1117. WRITTEN COMPLAINT -- PROCEDURE FOR SUSPENSION OR REVOCATION OF
35 LICENSE. Upon a written complaint filed with the board of morticians the board
36 shall cause to be held a hearing to determine whether a license of any person
37 issued under this act chapter should be suspended or revoked, or the issuance
38 or renewal thereof refused, because of a violation of any of the causes set
39 forth in the preceding section 54-1116, Idaho Code. At least fifteen (15) days
40 prior to the date set for such hearing, the board shall cause written notice
41 to be sent by certified mail to the licensee or applicant at his last known
42 address, which notice shall contain a statement of the charges made, and the
43 date, time and place set for the hearing. The proceedings shall be governed by
44 the provisions of chapter 52, title 67, Idaho Code. Any person aggrieved by
45 the action of the board shall be entitled to judicial review thereof in accor-
46 dance with the provisions of chapter 52, title 67, Idaho Code.
47 SECTION 14. That Section 54-1118, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-1118. SENDING BODY TO FUNERAL AN ESTABLISHMENT WITHOUT INQUIRY PROHIB-
50 ITED -- EXCEPTIONS -- ANATOMICAL GIFTS -- AUTHORITY REGARDING DISPOSITION.
51 A.(1) It shall be unlawful for any public officer or employee, an official of
11
1 any public institution, any physician or surgeon, or any other person who had
2 a professional relationship with any decedent to send or cause to be sent to
3 any funeral establishment or mortician the remains of any deceased person
4 without having first made due inquiry as to the desires of the decedent as
5 expressed in any prearranged funeral plan as set forth in section 54-1139,
6 Idaho Code, or of the person authorized to direct disposition of the remains
7 under section 54-1142, Idaho Code.
8 No person licensed as a mortician under this chapter or anyone acting for
9 him on behalf of a licensee shall participate in any transaction or business
10 which in any way interferes with the freedom of choice of the general public
11 to choose a mortician or an funeral establishment to perform the burial or
12 disposal of a human body, except where the body or a part thereof is given for
13 anatomical purposes.
14 Nothing herein contained shall be construed to govern or limit the author-
15 ity of any administrator or executor, trustee, or other person having a fidu-
16 ciary relationship with the deceased.
17 B.(2) No company, corporation or association engaged in the business of
18 paying, or providing for the payment, of the expenses for mortician services
19 or funeral supplies, or engaged in the business of providing insurance upon
20 the life of any person for the payment of such expenses upon his death, shall
21 pay any such insurance or benefits to any mortician, funeral director, funeral
22 establishment, or other person in any manner which might or could deprive the
23 decedent as expressed in any prearranged funeral plan as set forth in section
24 54-1139, Idaho Code, or of the person authorized to direct disposition of the
25 remains under section 54-1142, Idaho Code, from directing the method, manner
26 and arrangements for the disposition of the remains.
27 SECTION 15. That Section 54-1120, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 54-1120. RECEIVING BODY FOR TRANSPORTATION OUTSIDE STATE WITHOUT PERMIT
30 PROHIBITED -- MORTICIAN'S CERTIFICATE REQUIRED CREMATION AND REMOVAL OF HUMAN
31 REMAINS. It shall be unlawful for any public transportation agent of any pub-
32 lic transportation facility to receive a dead human body for shipment or
33 transportation by any means of transportation or conveyance to or from any
34 point in this state, or to a point outside this state, unless said embalmed
35 human body is accompanied by a permit for final disposition signed by a regis-
36 trar of the district where death occurred the individual authorized by law to
37 certify the cause of death. Human remains shall not be delivered to a crema-
38 tory or removed from the casket or other container without the written consent
39 of the person giving the consent to the cremation of the body.
40 SECTION 16. That Section 54-1128, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-1128. VIOLATIONS CONSTITUTING MISDEMEANORS -- EXCEPTIONS -- ENFORCE-
43 MENT. Any person who shall knowingly violates any provision of this act chap-
44 ter, or any licensee under this act chapter who shall commit an act of unpro-
45 fessional conduct as defined and designated under the provisions of subsection
46 C(3) of section 54-1116, Idaho Code, except subsections (7g) and (9i) thereof,
47 shall be guilty of a misdemeanor unless such conduct is punishable as a felony
48 elsewhere under the law. It shall be the duty of the board of morticians to
49 see that the provisions of this act chapter are properly administered and
50 enforced throughout the state, and all peace officers and prosecuting attor-
51 neys shall aid in their several capacities in discharge of these duties.
12
1 SECTION 17. That Section 54-1131, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-1131. DEFINITIONS. As used in sections 54-1132 through 54-1143, Idaho
4 Code:
5 A.(1) "Beneficiary" means the person who is to receive the funeral or
6 cemetery merchandise or funeral or cemetery services.
7 B.(2) "Certified person or seller" means any person holding a certificate
8 of registration or who is registered to sell or offer for sale prearrangement
9 sales contracts.
10 C.(3) "Funeral or cemetery merchandise" means personal property normally
11 and customarily sold by funeral service establishments, cemeteries, and
12 crematoriums crematory establishments including, but not limited to, caskets
13 or other primary containers, burial vaults, casket-vaults, grave liners,
14 funeral clothing or accessories, monuments, grave markers and cremation urns.
15 It shall include:
16 (1a) Merchandise identified for the purchaser or the beneficiary to be
17 manufactured for future delivery and use.
18 (2b) Merchandise that has been manufactured and held by the manufacturer
19 for future delivery and use.
20 (3c) Merchandise that has been manufactured and delivered to and in the
21 possession of the seller, who has placed it, until needed, in storage.
22 D.(4) "Funeral or cemetery services" means those services normally and
23 customarily performed by a funeral service practitioner, mortician, funeral
24 service establishment, cemetery or crematorium crematory establishment in con-
25 junction with funeral or memorial services, interment, entombment or crema-
26 tion.
27 E.(5) "Guaranteed contract" means a written prearrangement sales contract
28 that guarantees the beneficiary funeral or cemetery services or funeral or
29 cemetery merchandise contained in the contract and under which no charges
30 other than the sales price contained in the contract shall be required upon
31 delivery of the merchandise or performance of the funeral and cemetery ser-
32 vices.
33 F.(6) "Nonguaranteed contract" means a written prearrangement sales con-
34 tract that does not guarantee the beneficiary any specific funeral or cemetery
35 merchandise or services. Any funds paid under this contract are only a deposit
36 to be applied toward the final cost of the funeral or cemetery merchandise or
37 services.
38 G.(7) "Prepaid prearrangement sale or prearrangement sales contract"
39 means any sale, other than a contract of life insurance entered into by an
40 insurance company, that has as its purpose the furnishing of funeral or ceme-
41 tery merchandise or funeral or cemetery services in connection with the final
42 disposition or commemoration of the memory of a dead human body, for use at a
43 time determinable by the death of the person or persons whose body or bodies
44 are to be disposed and where the sale terms require payment or payments to be
45 made at a currently determinable time.
46 H.(8) "Primary container" means a casket, rental casket, casket-vault,
47 chapel-vault or other container which that serves as the repository for dead
48 human remains.
49 I.(9) "Public cemetery" means a cemetery owned and operated by a cemetery
50 district organized under Idaho law, or by a municipal corporation or political
51 subdivision of the state of Idaho.
52 J.(10) "Purchaser" means a beneficiary or a person acting on behalf of a
53 beneficiary who enters into a prearrangement sales contract with a certified
54 person under which any payment or payments made under the contract are
13
1 required to be deposited in trust.
2 K.(11) "Secondary container" means a vault, grave liner, urn or other con-
3 tainer purchased by the buyer for a burial or required by the cemetery which
4 that will be the repository for the primary container.
5 L.(12) "Trustee" means any bank, trust company or savings institution
6 authorized to do business in the state of Idaho where accounts are insured
7 with the federal deposit insurance corporation, the federal savings and loan
8 insurance corporation or other similar agency of the United States government.
9 SECTION 18. That Section 54-1132, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-1132. CERTIFICATE OF AUTHORITY -- REQUIREMENTS -- DISPLAY OF CERTIFI-
12 CATE. A.(1) No individual, firm, partnership, corporation, association, or
13 sales entity or business entity of whatever kind or type, may sell a prepaid
14 contract or provide funeral or cemetery merchandise or funeral or cemetery
15 services pursuant to a prepaid contract without first obtaining a valid cer-
16 tificate of authority.
17 A certificate of authority for public cemeteries shall be issued by the
18 governing board, city council or board of county commissioners having overall
19 supervision and control of the cemetery. A certificate of authority for pri-
20 vately owned cemeteries shall be issued by the Idaho board of cemeterians. A
21 certificate of authority for persons or entities licensed under chapter 11,
22 title 54, Idaho Code, shall be issued by the state board of morticians.
23 B.(2) Any individual, firm, partnership, corporation, association or
24 sales business entity seeking to obtain a certificate of authority must submit
25 a statement which that includes the following:
26 (1a) The types of prepaid contracts to be written;
27 (2b) The name and address of the place of business of the individual,
28 firm, partnership, corporation, or association offering the contract; and
29 (3c) Any information deemed necessary by the certificating authority to
30 show evidence of good moral character, a reputation for fair dealing in
31 business matters, and the absence of a criminal record.
32 C.(3) Upon issuance, the certificate of authority shall be posted con-
33 spicuously in the holder's place of business.
34 D.(4) Any individual or sales or business entity holding a certificate
35 shall present a copy of the certificate to the purchaser before engaging in
36 the activity of selling a prearrangement sales contract.
37 SECTION 19. That Section 54-1136, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-1136. SOLICITATION -- LIMITATIONS. A.(1) The right of a seller to law-
40 fully advertise shall not be restrained, nor shall general advertising be pro-
41 hibited.
42 B.(2) Advertising and marketing of prearrangement sales contracts is per-
43 mitted provided that:
44 (1a) The seller clearly identifies himself and his product.
45 (2b) The seller shows his certificate of authority as provided in section
46 54-1132, Idaho Code. If the marketing is by telephone, the seller must
47 disclose his certificate of authority.
48 (3c) The seller makes an appointment with the prospective buyer if the
49 meeting is at a place other than the seller's place of business.
50 C.(3) Advertising and marketing of prearrangement sales contracts is per-
51 mitted provided that any contract seller or agent or employee or person acting
14
1 in behalf of any such person shall not:
2 (1a) Directly or indirectly call upon or employ any agent, assistant,
3 employee, independent contracting person or any other person to call upon
4 individuals or persons in hospitals, rest homes, or similar institutions
5 for the purpose of soliciting prepaid contracts for making funeral or cem-
6 etery or final disposition arrangements without first having been specifi-
7 cally requested to do so by such person or by his next of kin.
8 (2b) Solicit for dead human bodies for the purpose of providing funeral
9 or cemetery services, final disposition, or cemetery or funeral merchan-
10 dise when such solicitation occurs where death is reasonably pending or
11 after death.
12 (3c) Solicit or accept or pay any consideration for recommending speci-
13 fied persons to cause a dead human body to be provided funeral or cemetery
14 services or funeral or cemetery merchandise, or the services of a crema-
15 tory, mausoleum or cemetery except where such arrangement is subject to a
16 prepaid contract.
17 (4d) Be involved in solicitation which comprises an uninvited invasion of
18 personal privacy at the personal residence of a person unless the solici-
19 tation has been previously and expressly requested by the person solici-
20 ted.
21 SECTION 20. That Section 54-1138, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-1138. ENFORCEMENT PENALTY -- DISCLOSURE OF CONTRACTS UPON SALE OF
24 BUSINESS. A.(1) Sections 54-1129 through 54-113843, Idaho Code, shall be
25 enforced by the Idaho state board of morticians or by the Idaho state board of
26 cemeterians, depending upon whether the seller is a mortician/funeral director
27 or cemeterian, who shall have authority to promulgate rules and regulations to
28 enforce the provisions.
29 B.(2) Any person violating the provisions of sections 54-1129 through
30 54-113743, Idaho Code, shall be guilty of a misdemeanor unless such act is
31 punishable as a felony elsewhere under law.
32 C.(3) No funeral service or funeral merchandise provider, be it funeral
33 home or cemetery or third party seller, shall go out of business or sell a
34 substantial part or all of its assets to any other person or firm without
35 first disclosing the full particulars of all prearrangement sales contracts
36 entered into by such seller, including the date of such contract, the pur-
37 chaser thereof, the beneficiary, the amount of the trust, the name and loca-
38 tion of trustee, and the merchandise or services to be provided under the
39 terms of the contract.
40 SECTION 21. That Section 54-1141, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-1141. SURVIVOR'S SERVICES. The provisions of section 54-1140, Idaho
43 Code, shall not prevent the deceased person's survivors from, at their own
44 expense, pursuing meaningful services and making arrangements with for funeral
45 services establishments which that do not conflict with the deceased's
46 instructions for disposition.
47 SECTION 22. That Section 54-1143, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-1143. RIGHT TO RELY. A.(1) Any person signing a funeral service agree-
15
1 ment or cremation authorization form or any other authorization for disposi-
2 tion, whether part of a prearranged funeral plan or at time of death, shall be
3 deemed to warrant the truthfulness of any facts set forth therein, including
4 the identity of the deceased whose remains are sought to be buried or cremated
5 and the signer's authority to order such disposition.
6 B.(2) A funeral service establishment, cemetery or crematory establish-
7 ment shall have the right to rely on such authorization and shall have author-
8 ity to dispose of human remains upon the receipt of an authorization form
9 signed by the decedent or by the person having the right to control disposi-
10 tion as set forth in section 54-1142, Idaho Code. There shall be no liability
11 of a funeral service establishment, cemetery or crematory establishment that
12 disposes of human remains pursuant to such authorization, or that releases or
13 disposes of the remains pursuant to such authorization.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Tilman
Seconded by Cannon
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 9
1 AMENDMENTS TO SECTION 6
2 On page 7 of the printed bill, in line 3, delete "twenty-one (21) quarter"
3 and insert: "fifteen (15) semester"; in line 5, following "inc.," insert: "or
4 such credits as are otherwise approved by the board,"; delete line 6 and in
5 line 7, delete "vice" and insert: "business law, psychology,".
Moved by Compton
Seconded by Goedde
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 9, As Amended
6 AMENDMENTS TO SECTION 1
7 On page 3 of the engrossed bill, in line 3, following "burial" insert: ",
8 cremation"; and in line 30, delete "or cremation".
9 AMENDMENT TO SECTION 3
10 On page 5, following line 17, insert:
11 "(4) Notwithstanding any other provision of law, the person having the
12 right to control the disposition of the remains of the deceased person pursu-
13 ant to section 54-1142, Idaho Code, or such person's designee, or a licensed
14 funeral director, may initiate the process of cremation by operation of the
15 retort while under the direct personal supervision of a licensed mortician.".
16 CORRECTION TO TITLE
17 On page 1, in line 11, following "CODE," insert: "TO PROVIDE THAT CERTAIN
18 PERSONS MAY INITIATE THE PROCESS OF CREMATION BY OPERATION OF THE RETORT UNDER
19 THE DIRECTION OF A LICENSED MORTICIAN,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 9, As Amended, As Amended in the Senate
BY MR. SPEAKER
Requested by: Bureau of Occupational Licenses
1 AN ACT
2 RELATING TO MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS; AMENDING SECTION
3 54-1102, IDAHO CODE, TO ALPHABETIZE AND REVISE DEFINITIONS, TO DEFINE
4 "CREMATION," "CREMATORY," "HUMAN REMAINS," "CREMAINS," "COLUMBARIUM" AND
5 "ESTABLISHMENT" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
6 54-1103, IDAHO CODE, TO PROVIDE FOR A RESIDENT TRAINEE LICENSE, TO REMOVE
7 LANGUAGE PERMITTING A LICENSED MORTICIAN TO PERFORM FUNERAL DIRECTOR SER-
8 VICES AND A LICENSED RESIDENT TRAINEE TO PERFORM FUNERAL DIRECTOR SERVICES
9 UNDER THE PERSONAL SUPERVISION OF A LICENSED MORTICIAN, TO PROHIBIT THE
10 OPERATION OF A CREMATORY WITHOUT A VALID ESTABLISHMENT LICENSE AND TO MAKE
11 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1104, IDAHO CODE, TO PROVIDE
12 THAT CERTAIN PERSONS MAY INITIATE THE PROCESS OF CREMATION BY OPERATION OF
13 THE RETORT UNDER THE DIRECTION OF A LICENSED MORTICIAN, TO MAKE TECHNICAL
14 CORRECTIONS AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION
15 54-1106, IDAHO CODE, TO AUTHORIZE THE STATE BOARD OF MORTICIANS TO PROVIDE
16 FOR THE LICENSURE AND REGULAR INSPECTION OF FUNERAL ESTABLISHMENTS AND
17 CREMATORIES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1108,
18 IDAHO CODE, TO REMOVE LANGUAGE REFERENCING MORTICIAN'S LICENSES, TO PRO-
19 VIDE FOR EXAMINATIONS FOR MORTICIAN APPLICANTS, TO MAKE GRAMMATICAL
20 CHANGES, TO SET FORTH EXAMINATION REQUIREMENTS FOR FUNERAL DIRECTOR APPLI-
21 CANTS AND TO REMOVE LANGUAGE REQUIRING THE BOARD TO GRADE OR HAVE LICENSED
22 MORTICIANS GRADE EXAMINATIONS; AMENDING SECTION 54-1109, IDAHO CODE, TO
23 PROVIDE DESCRIPTIVE LANGUAGE, TO SET FORTH REQUIREMENTS FOR FUNERAL DIREC-
24 TOR LICENSES, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORREC-
25 TIONS; REPEALING SECTION 54-1110, IDAHO CODE; AMENDING SECTION 54-1111,
26 IDAHO CODE, TO REVISE AND PROVIDE DESCRIPTIVE LANGUAGE, TO PROVIDE FOR THE
27 ISSUANCE OF CREMATORY ESTABLISHMENT LICENSES, TO REVISE AND PROVIDE
28 REQUIREMENTS FOR SUCH ISSUANCE, TO REQUIRE THE MAINTENANCE OF CERTAIN
29 RECORDS, TO DELETE REFERENCES TO FUNERAL ESTABLISHMENTS AND TO MAKE TECH-
30 NICAL CORRECTIONS; AMENDING SECTION 54-1112, IDAHO CODE, TO REVISE
31 REQUIREMENTS FOR RESIDENT TRAINEE LICENSES AND TO MAKE TECHNICAL CORREC-
32 TIONS; REPEALING SECTION 54-1114, IDAHO CODE; AMENDING SECTION 54-1115,
33 IDAHO CODE, TO PROVIDE FOR A CREMATORY LICENSE FEE OF NOT MORE THAN TWO
34 HUNDRED DOLLARS, TO REMOVE LANGUAGE DISALLOWING THE PRORATION OF FEES FOR
35 A PART YEAR LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
36 54-1116, IDAHO CODE, TO REMOVE REFERENCES TO FUNERAL ESTABLISHMENTS AND TO
37 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1117, IDAHO CODE, TO
38 REMOVE THE REQUIREMENT THAT THE BOARD PROVIDE WRITTEN NOTICE TO A LICENSEE
39 OR APPLICANT CONTAINING A STATEMENT OF CHARGES AND THE HEARING DATE, TIME
40 AND PLACE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1118,
41 IDAHO CODE, TO REMOVE REFERENCES TO FUNERAL ESTABLISHMENTS, TO PROHIBIT
42 LICENSED PERSONS OR THEIR AGENTS FROM PARTICIPATING IN CERTAIN TRANSAC-
43 TIONS OR BUSINESS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
44 54-1120, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE, TO REQUIRE THAT A
45 PERMIT FOR FINAL DISPOSITION BE SIGNED BY THE INDIVIDUAL AUTHORIZED BY LAW
46 TO CERTIFY THE CAUSE OF DEATH AND TO PROVIDE THAT HUMAN REMAINS SHALL NOT
2
1 BE DELIVERED TO A CREMATORY OR REMOVED FROM A CASKET OR OTHER CONTAINER
2 WITHOUT WRITTEN CONSENT OF THE PERSON GIVING CONSENT TO THE CREMATION;
3 AMENDING SECTION 54-1128, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE
4 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1131, IDAHO CODE,
5 TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
6 54-1132, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING FIRMS, PARTNERSHIPS,
7 CORPORATIONS, ASSOCIATIONS AND SALES OR BUSINESS ENTITIES AND TO MAKE
8 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1136, IDAHO CODE, TO REMOVE
9 LANGUAGE PERMITTING ADVERTISING OR MARKETING OF PREARRANGEMENT SALES CON-
10 TRACTS BY AGENTS OR EMPLOYEES OF CONTRACT SELLERS AND TO MAKE TECHNICAL
11 CORRECTIONS; AMENDING SECTION 54-1138, IDAHO CODE, TO PROVIDE REFERENCE TO
12 FUNERAL DIRECTORS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
13 54-1141, IDAHO CODE, TO MAKE GRAMMATICAL CHANGES AND TO PERMIT ARRANGE-
14 MENTS FOR FUNERAL SERVICES THAT DO NOT CONFLICT WITH THE DECEASED'S
15 INSTRUCTIONS FOR DISPOSITION; AND AMENDING SECTION 54-1143, IDAHO CODE, TO
16 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 54-1102, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-1102. DEFINITIONS. As used in this act:
21 A. "Mortician" means any person engaged in or conducting, or holding him-
22 self out as engaged in or conducting, any of the following activities:
23 (1) Caring for or preparing dead human bodies for burial or disposal.
24 (2) Disinfecting or preparing dead human bodies by embalming, or other-
25 wise, for funeral service, transportation, burial or disposal.
26 (3) Directing or supervising the burial or disposal of dead human bodies.
27 (4) Arranging for funeral services for dead human bodies.
28 (5) Selling funeral supplies to the public.
29 (6) Conducting, directing or supervising a funeral service.
30 (7) Arranging for or selling mortician services to the public.
31 (1) "Board" means the state board of morticians of the state of Idaho or
32 any successor thereof.
33 (2) "Bureau chief" means the chief of the bureau of occupational
34 licenses.
35 (3) "Burial" means the interment or entombment of dead human bodies in
36 any manner.
37 (4) "Cremains" means human remains after cremation.
38 (5) "Cremation" means the reduction of the body of a deceased person to
39 cremated remains in a crematory.
40 (6) "Crematory" means a building or structure containing one (1) or more
41 retorts for the reduction of bodies of deceased persons to cremated remains.
42 (7) "Columbarium" means a structure, room or other space in a building or
43 structure containing niches for permanent inurnment of cremains.
44 (8) "Department" means the department of self-governing agencies of the
45 state of Idaho.
46 (9) "Embalming" means the disinfecting, preparing or preserving for final
47 disposition of dead human bodies, in whole or in part, or any attempt to do
48 so, by the use or application of chemical substances, fluids or gases on the
49 body, or by the introduction of the same into the body by vascular or hypoder-
50 mic injection or by direct introduction into organs or cavities, or by any
51 other method or process.
52 (10) "Establishment" means any funeral establishment or crematory estab-
3
1 lishment regulated by the board of morticians.
2 B.(11) "Funeral director" means any person engaged in or conducting, or
3 holding himself out as engaged in or conducting, any of the following activi-
4 ties:
5 (1a) Conducting funeral services Directing or supervising the burial,
6 cremation or disposal of dead human bodies.
7 (2b) Supervising or directing the burial or disposal of Arranging for
8 funeral services for dead human bodies.
9 (3c) Performing any act or service connected with such acts which is not
10 included within the meaning of the term embalming as used in this act.
11 Provided, however, this definition shall apply only to those persons who
12 are holders of a funeral director's license which is valid to June 30,
13 1970 Selling funeral goods and services to the public.
14 (d) Conducting, directing or supervising a funeral service.
15 C. "Embalming" means the disinfecting, preparing or preserving for final
16 disposition of dead human bodies, in whole or in part, or any attempt to do
17 so, by the use or application of chemical substances, fluids or gases on the
18 body, or by the introduction of the same into the body by vascular or hypoder-
19 mic injection or by direct introduction into organs or cavities, or by any
20 other method or process.
21 D. "Burial" means the interment, cremation or entombment of dead human
22 bodies in any manner.
23 E. "Resident trainee" means a person who is engaged in preparing to
24 become licensed as a mortician, and who practices embalming or other acts of a
25 mortician under the direct and immediate personal supervision of a licensed
26 mortician pursuant to a license from the state board of morticians.
27 (12) "Funeral director license" means a yearly license issued by the board
28 to act as a funeral director and perform funeral director services as defined
29 in this chapter.
30 (13) "Funeral director services" means the services of a funeral director
31 defined in subsection (11) of this section. Funeral director services do not
32 include embalming.
33 (14) "Funeral establishment" means a place of business conducted at a spe-
34 cific street address or location devoted to the embalming and care and prepa-
35 ration for burial or disposal of dead human bodies including all portions of
36 such business premises and all tools, instruments and supplies used in the
37 preparation and embalming of dead human bodies for burial or disposal, and
38 including any chapel or other facility in which funeral or other religious
39 services may be conducted.
40 G. "Department" means the department of self-governing agencies of the
41 state of Idaho.
42 H. "Bureau chief" means the chief of the bureau of occupational licenses.
43 I. "Board" means the state board of morticians of the state of Idaho or
44 any successor thereof.
45 J. "Mortician license" means a yearly license issued by the board to act
46 as a mortician and perform mortician services as defined in this act.
47 K. "Funeral director license" means a yearly license issued by the board
48 to act as a funeral director and perform funeral director services as defined
49 in this act.
50 L.(15) "Funeral establishment license" means a yearly license issued by
51 the board authorizing the licensee to conduct a funeral establishment as
52 defined in this act chapter.
53 M. "Resident trainee license" means a yearly license issued by the board
54 to act as a licensed resident trainee and perform mortician services under the
55 direct personal supervision of a licensed mortician as defined in this act.
4
1 N.(16) "Funeral services" means any funeral or religious service conducted
2 in connection with, or preparatory to, the burial or disposal of a dead human
3 body.
4 (17) "Funeral supplies" means caskets, vaults, burial receptacles and any
5 other personal property sold for use in the burial or disposal of a human
6 body.
7 (18) "Human remains" means the body of a deceased person in any condition
8 or state of decomposition including cremated remains.
9 (19) "Mortician" means any person engaged in or conducting, or holding
10 himself out as engaged in or conducting, any of the following activities:
11 (a) Caring for or preparing dead human bodies for burial, cremation or
12 disposal.
13 (b) Disinfecting or preparing dead human bodies by embalming, or other-
14 wise, for funeral service, transportation, burial, cremation or disposal.
15 (c) Directing or supervising the burial, cremation or disposal of dead
16 human bodies.
17 (d) Arranging for funeral services for dead human bodies.
18 (e) Selling funeral goods and services to the public.
19 (f) Conducting, directing or supervising a funeral service.
20 (20) "Mortician license" means a yearly license issued by the board to act
21 as a mortician and perform mortician services as defined in this chapter.
22 O.(21) "Mortician services" means the services of a mortician defined in
23 subsection A(19) of this section.
24 P. "Funeral director services" means the services of a funeral director
25 defined in subsection B of this section.
26 Q. "Funeral supplies" means caskets, vaults, burial receptacles and any
27 other personal property sold for use in the burial or disposal of a human
28 body.
29 (22) "Resident trainee" means a person who is engaged in preparing to
30 become licensed as a mortician or funeral director, and who practices under
31 the direct and immediate personal supervision of a licensed mortician pursuant
32 to rules adopted by the board.
33 (23) "Resident trainee license" means a yearly license issued by the board
34 to act as a licensed resident trainee and perform services under the direct
35 personal supervision of a licensed mortician as defined in this chapter.
36 SECTION 2. That Section 54-1103, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-1103. PERSONS REQUIRED TO HAVE LICENSES. A.(1) It shall be unlawful
39 for any person to perform, offer to perform or hold himself out as performing
40 mortician services or any of the acts of a mortician, unless he shall first
41 obtain a mortician license or resident trainee license as provided in this act
42 chapter; and it shall be unlawful for a licensed resident trainee to perform
43 mortician services or any of the acts of a mortician except under the personal
44 supervision of a resident mortician licensed under this act chapter.
45 B.(2) It shall be unlawful for any person to perform, offer to perform or
46 hold himself out as performing funeral director services unless he has a
47 funeral director's license or resident trainee license as provided in this
48 act; provided, however, any mortician licensed under this act shall be autho-
49 rized to perform funeral director services, and a resident trainee licensed
50 under this act shall be authorized to perform funeral director services under
51 the personal supervision of a licensed mortician chapter.
52 C.(3) It shall be unlawful for any person to operate a funeral establish-
53 ment unless he shall or crematory without first obtaining a funeral the valid
5
1 establishment licenses as provided in this act chapter.
2 SECTION 3. That Section 54-1104, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-1104. EXEMPTIONS FROM PROVISIONS OF ACT CHAPTER. There is hereby
5 exempted from the terms and provisions of this act chapter and from the
6 enforcement of the provisions hereof, the following:
7 A.(1) Manufacturers, wholesalers and jobbers of caskets, funeral sup-
8 plies, vaults or other burial receptacles not engaged in performing mortician
9 services and not selling to the public, except when said sales to the public
10 are sales with immediate delivery of the funeral supplies purchased.
11 B.(2) Cemeteries selling vaults or burial receptacles to the public.
12 C.(3) Any duly authorized representative of any church, fraternal order
13 or other association or organization honoring the dead who performs a funeral
14 or other religious service under the authority of and pursuant to the reli-
15 gious tenets or practices of such organization. This exemption does not
16 authorize, permit or allow such person to perform the functions of a mortician
17 or funeral director under section 54-1102 A.(11) or B.(19), Idaho Code, unless
18 he shall be licensed as required by law.
19 (4) Notwithstanding any other provision of law, the person having the
20 right to control the disposition of the remains of the deceased person pursu-
21 ant to section 54-1142, Idaho Code, or such person's designee, or a licensed
22 funeral director, may initiate the process of cremation by operation of the
23 retort while under the direct personal supervision of a licensed mortician.
24 SECTION 4. That Section 54-1106, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-1106. POWERS AND DUTIES OF BOARD. The state board of morticians shall
27 have the following powers and duties:
28 A.(1) To prepare, conduct, and grade examinations of applicants for mor-
29 tician licenses.
30 B.(2) To certify the results of examinations of applicants and certify
31 the applicant as having "passed" or "failed."
32 C.(3) To conduct hearings and proceedings in connection with the suspen-
33 sion or revocation of licenses.
34 D.(4) To make findings and recommendations to the governor on any and all
35 matters relating to the enforcement of the provisions of this act chapter.
36 E.(5) To perform all other duties and exercise all other powers granted
37 under this act chapter, or the laws of the state of Idaho.
38 F.(6) To authorize, by written agreement, the bureau of occupational
39 licenses as agent to act in its interest.
40 G.(7) To perform all duties and exercise all powers granted under chapter
41 3, title 27, Idaho Code, pertaining to licensing and regulation provide for
42 the licensure and regular inspection of funeral establishments and
43 crematories.
44 SECTION 5. That Section 54-1108, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 54-1108. EXAMINATION OF APPLICANTS FOR LICENSE -- SUBJECTS -- CERTIFICA-
47 TION OF RESULTS. The board of morticians shall have the sole power for deter-
48 mining the nature, type and extent of examinations to be taken by applicants
49 for a mortician's license., but such eExaminations for mortician applicants
6
1 shall include generally the following subjects: anatomy, chemistry, physiol-
2 ogy, psychology, sanitary science, the care, disinfection, preservation,
3 transportation of and burial, or other final disposition of dead human bodies,
4 and the laws and rules of the state of Idaho. and the rules of the state
5 department of health and welfare relating to infectious diseases and quaran-
6 tine Examinations for funeral director applicants shall include generally the
7 following subjects: sociology, psychology, funeral directing, business law,
8 funeral service law, funeral service merchandising, accounting, computers, and
9 the laws and rules of the state of Idaho. The board shall grade, or cause to
10 have graded by licensed morticians, the examinations and shall determine
11 whether the applicant has passed or failed such examination. Examinations may
12 be written or as determined at the discretion of the board, and shall be held
13 at such times and at such places within the state of Idaho as determined by
14 the board of morticians. National conference examinations, passed at an
15 accredited embalming college, may be accepted by the board. Upon the conclu-
16 sion of grading any and all of the above examinations, the board of morticians
17 shall certify the results listing each applicant as having failed or passed
18 the examination, and such determination shall not be subject to review.
19 SECTION 6. That Section 54-1109, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 54-1109. REQUIREMENTS FOR MORTICIAN'S LICENSE -- REQUIREMENTS FOR FUNERAL
22 DIRECTOR LICENSE -- LICENSE BY ENDORSEMENT. (A1) The board shall issue to any
23 person a mortician's license to practice as a mortician and perform mortician
24 services within the state of Idaho who has complied with and fulfilled all of
25 the following requirements:
26 (1a) Has attained the age of twenty-one (21) years.
27 (2b) Is of good moral character.
28 (3c) Has completed and received credit for at least sixty (60) semester
29 hours' or ninety (90) quarter-hours' instruction in a duly accredited col-
30 lege or university and has obtained at least a C grade average for all
31 courses of instruction; provided, however, at least three-fourths (3/4) of
32 all of such credits must be for courses in the fields of liberal arts,
33 business or science as defined and specified by the board of morticians.
34 (4d) Has successfully completed a course in an embalming school accred-
35 ited by the American Bboard of Ffuneral Sservice Eeducation, Iinc., or
36 such other embalming school as approved by the board of morticians.
37 (5e) Has practiced as a licensed resident trainee in the state of Idaho
38 under the personal supervision of a licensed resident mortician for not
39 less than twelve (12) months, and has assisted in embalming at least
40 twenty-five (25) dead human bodies; provided, however, such practice as a
41 licensed resident trainee of the state of Idaho may be filled and per-
42 formed either before or after the required post-high school education.
43 (6f) Has filed an application with the board as required by this act
44 chapter and paid the required filing fee therefor.
45 (7g) Has passed the required examination prepared and conducted by the
46 board of morticians. Provided further, that the board shall determine com-
47 pliance with all of the above qualifications, except this paragraph relat-
48 ing to examinations, at the time the applicant files his application as
49 hereinafter provided and before the examination is conducted by the board
50 of morticians.
51 (B2) The board shall issue to any person a funeral director license to
52 practice as a funeral director and perform funeral director services within
53 the state of Idaho who has complied with and fulfilled all of the following
7
1 requirements:
2 (a) Has attained the age of twenty-one (21) years.
3 (b) Is of good moral character.
4 (c) Has completed and received at least sixty (60) semester hours' or
5 ninety (90) quarter-hours' instruction from a duly accredited college or
6 university and has obtained at least a C grade average for all courses of
7 instruction; provided, however, at least three-fourths (3/4) of all such
8 credits must be for courses in the fields of liberal arts, business or
9 science as defined and specified by the board.
10 (d) Has successfully completed at least fifteen (15) semester credit
11 hours or the equivalent from a mortuary college accredited by the American
12 board of funeral service education, inc., or such credits as are otherwise
13 approved by the board, with course of study to include business law, psy-
14 chology, sociology, funeral service counseling, funeral service management
15 and other classes that relate to conducting funeral business.
16 (e) Has practiced as a licensed trainee in the state of Idaho under the
17 personal supervision of a licensed mortician for not less than twelve (12)
18 months, and has assisted in making at least twenty-five (25) funeral
19 arrangements and in conducting at least twenty-five (25) funerals.
20 (f) Has successfully passed the required examination as established by
21 the rules of the board. An applicant shall not be qualified to take the
22 examination until all other requirements have been met.
23 (g) Has filed an application with the board as required by this chapter
24 and paid the required fees.
25 (3) Any person holding a current, valid license in another state or ter-
26 ritory having substantially similar requirements to those existing in this
27 state, may be granted a license without examination, provided:
28 (1a) The applicant files with the board a certified statement from the
29 examining board of the state or territory in which the applicant holds his
30 license, verifying the license and showing the basis upon which the
31 license was granted; and
32 (2b) The applicant pays the license fee; and
33 (3c) The applicant satisfies the board that he understands the laws and
34 regulations rules of this state as to funeral service.
35 (C4) A person holding a current, valid license in another state or terri-
36 tory with requirements significantly lower than those of this state who has at
37 least five (5) consecutive years of experience as a licensee in the other
38 state or territory prior to application, may apply for a license to practice
39 in this state without meeting the full requirements of subsection (A1) of this
40 section. Upon payment of the licensee fee and passing such test of proficiency
41 as the board shall require including, but not limited to, a knowledge of the
42 laws and administrative rules of this state as to funeral service, the board
43 shall grant a license.
44 SECTION 7. That Section 54-1110, Idaho Code, be, and the same is hereby
45 repealed.
46 SECTION 8. That Section 54-1111, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 54-1111. REQUIREMENTS FOR FUNERAL ESTABLISHMENT LICENSE -- CANCELLATION
49 -- RECORDS -- OPERATION BY LEGAL REPRESENTATIVE OF ESTATE. A.(1) The board
50 shall issue a funeral establishment license or crematory establishment license
51 to any person, partnership, association, corporation or other organization to
52 conduct a funeral establishment operate at specific locations only, which has
8
1 met the following requirements:
2 (1a) That the applicant, if an individual, is a licensed mortician or
3 funeral director under this act chapter and is a resident of the state of
4 Idaho.
5 (2b) That the applicant has not been refused a license as a mortician or
6 funeral director, or its equivalent, or as a funeral for an establishment,
7 or its equivalent; nor has said applicant or had a mortician's personal or
8 funeral establishment license revoked in Idaho or in any other state.
9 (3c) That the applicant has designated the name under which the funeral
10 establishment will operate and has designated a locations for which the
11 general establishment license is to be issued.
12 (4d) That the applicant has at least one (1) mortician licensed under
13 this act chapter who is a resident of the state of Idaho and who is, and
14 will be, in the employ or service of the funeral establishment. at its
15 location on a full-time basis.
16 (5e) That the applicant has filed an application with the board as
17 required by this act and paid the required filing fee. therefor. Provided
18 further, that the board shall make the determination of qualifications of
19 all applicants within a reasonable time after the filing of an application
20 with the board. and its determination shall be final. No funeral estab-
21 lishment license shall be transferable, but an applicant may make applica-
22 tion for more than one (1) funeral establishment license so long as all of
23 the requirements are met for each license.
24 (f) That the applicant for a crematory establishment license holds a cur-
25 rent funeral establishment license in the state of Idaho.
26 B.(2) All applications for establishment licenses shall be in writing and
27 shall contain the name of the applicant, the address and location of the
28 establishment and a description of the type of structure and equipment to be
29 used in the operation of the establishment, and such further information as
30 may be required by the board to ensure the safe and sanitary operation of the
31 establishment.
32 (3) The mortician responsible for the operation of an establishment shall
33 maintain such records affecting the handling, custody, care, processing or
34 transportation of human remains as may be required by the laws and rules of
35 the state of Idaho and the board for all human remains received, prepared,
36 cremated or otherwise disposed of by the establishment.
37 (4) In the event a licensed funeral establishment ceases to have a resi-
38 dent full-time licensed mortician in its employ at its place of business, its
39 license shall be canceled immediately by the board upon finding such fact;
40 provided, however, in the event of the death of a licensed mortician who
41 leaves a funeral an establishment as part of the assets of his estate, the
42 legal representative of the estate of the deceased mortician shall be entitled
43 to operate the funeral establishment under the license, or renewals thereof,
44 for a period not to exceed two (2) years from date of death of the mortician
45 without meeting the qualifications of an applicant and without having a full-
46 time licensed mortician in his employ; provided further, however, this provi-
47 sion shall not permit an unlicensed person to perform mortician services.
48 SECTION 9. That Section 54-1112, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 54-1112. REQUIREMENTS FOR RESIDENT TRAINEE LICENSE. The board shall issue
51 to any person a resident trainee license to practice as a resident trainee and
52 perform mortician services at a particular funeral establishment under the
53 personal supervision of a specified licensed mortician within the state of
9
1 Idaho who has complied with and fulfilled all of the following requirements:
2 A.(1) Has attained the age of eighteen (18) years, and is a resident of
3 the state of Idaho.
4 B.(2) Is of good moral character.
5 C.(3) Has graduated from an accredited high school or has received an
6 equivalent education as determined by the standards set and established by the
7 state board of education.
8 D.(4) Has filed an application with the board as required by this act
9 chapter and paid the required filing fee. therefor. Provided further, that the
10 board shall make the determination of qualifications of all applicants within
11 a reasonable time after the filing of an application with the board. and its
12 determination shall be final. Provided further, no person shall be eligible to
13 be licensed as a resident trainee who has practiced as a resident trainee or
14 apprentice for a total cumulative period of more than two (2) years in the
15 state of Idaho.
16 SECTION 10. That Section 54-1114, Idaho Code, be, and the same is hereby
17 repealed.
18 SECTION 11. That Section 54-1115, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-1115. LICENSE FEES. There shall be paid with the filing of any appli-
21 cation for an original license, or the applications for any renewal of a
22 license, the following license fees:
23 A.(1) Not more than one hundred dollars ($100) for a mortician license.
24 B.(2) Not more than one hundred dollars ($100) for a funeral director
25 license.
26 C.(3) Not more than one hundred fifty dollars ($150) for a funeral estab-
27 lishment license.
28 D.(4) Not more than two hundred dollars ($200) for a crematory license.
29 (5) Not more than one hundred dollars ($100) for a resident trainee
30 license.
31 E.(6) Not more than one hundred dollars ($100) for a certificate of
32 authority.
33 F.(7) Not more than one hundred dollars ($100) application fee for
34 endorsement and/or examination.
35 There shall be no proration of fees for a part-year license. All fees shall be
36 paid to the bureau of occupational licenses.
37 SECTION 12. That Section 54-1116, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-1116. DENIAL, SUSPENSION, OR REVOCATION OF LICENSES -- GROUNDS -- PRO-
40 BATION. The board may refuse to issue or may refuse to renew or may suspend or
41 may revoke any license, or may place the holder thereof on a term of proba-
42 tion, after proper hearing, upon finding that the holder of such license com-
43 mitted any of the following acts or omissions:
44 A.(1) Conviction of a crime involving moral turpitude.
45 B.(2) Conviction of a felony.
46 C.(3) Unprofessional conduct, which is hereby defined to include:
47 (1a) Misrepresentation or fraud in the conduct of mortician or funeral
48 director services;
49 (2b) False or misleading advertising as the holder of a license for the
50 practice of mortician or funeral director services; advertising or using
10
1 the name of a person who is not an employee of the funeral establishment
2 in connection with that of any funeral establishment;
3 (3c) Solicitation of dead human bodies by the licensee, his agents,
4 assistants or employees, whether such solicitation occurs before death or
5 after death; provided, that this shall not be deemed to prohibit general
6 advertising;
7 (4d) Employment by the licensee of persons known as "cappers," or
8 "steerers," or "solicitors," or other such persons to solicit or obtain
9 agreements with the public for the performance of mortician services;
10 (5e) Employment directly or indirectly, of any resident trainee, agent,
11 assistant, employee, or other person, on part or full time, or on commis-
12 sion, for the purpose of calling upon individuals or institutions by whose
13 influence dead human bodies may be turned over to a particular mortician,
14 funeral director or funeral establishment;
15 (6f) The direct or indirect payment, or offer of payment, of a commission
16 by the licensee, his agents, assistants, or employees for the purpose of
17 securing business;
18 (7g) Gross immorality;
19 (8h) Aiding or abetting an unlicensed person to practice mortician or
20 funeral director services;
21 (9i) Using profane, indecent or obscene language in the presence of a
22 dead human body, or within the immediate hearing of the family or rela-
23 tives of a deceased, whose body has not yet been interred or otherwise
24 disposed of;
25 (10j) Violation of any of the provisions of this act chapter;
26 (11k) Violation of any state law, or municipal or county ordinance, or
27 regulation rule authorized under this act chapter affecting the handling,
28 custody, care, processing or transportation of dead human bodies;
29 (12l) Fraud or misrepresentation in obtaining or renewing a license;
30 (13m) Refusing to promptly surrender the custody of a dead human body
31 upon the express order of the person lawfully entitled to the custody
32 thereof;
33 (14n) Solicitation or acceptance, directly or indirectly, of a request,
34 before need, for an agreement to provide mortician services or funeral
35 supplies at a price less than that offered by such person to others at
36 time of need;
37 (15o) Violation of any statutes of any state having to do with prear-
38 rangement or prefinancing of mortician services or funeral supplies.
39 SECTION 13. That Section 54-1117, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-1117. WRITTEN COMPLAINT -- PROCEDURE FOR SUSPENSION OR REVOCATION OF
42 LICENSE. Upon a written complaint filed with the board of morticians the board
43 shall cause to be held a hearing to determine whether a license of any person
44 issued under this act chapter should be suspended or revoked, or the issuance
45 or renewal thereof refused, because of a violation of any of the causes set
46 forth in the preceding section 54-1116, Idaho Code. At least fifteen (15) days
47 prior to the date set for such hearing, the board shall cause written notice
48 to be sent by certified mail to the licensee or applicant at his last known
49 address, which notice shall contain a statement of the charges made, and the
50 date, time and place set for the hearing. The proceedings shall be governed by
51 the provisions of chapter 52, title 67, Idaho Code. Any person aggrieved by
52 the action of the board shall be entitled to judicial review thereof in accor-
53 dance with the provisions of chapter 52, title 67, Idaho Code.
11
1 SECTION 14. That Section 54-1118, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-1118. SENDING BODY TO FUNERAL AN ESTABLISHMENT WITHOUT INQUIRY PROHIB-
4 ITED -- EXCEPTIONS -- ANATOMICAL GIFTS -- AUTHORITY REGARDING DISPOSITION.
5 A.(1) It shall be unlawful for any public officer or employee, an official of
6 any public institution, any physician or surgeon, or any other person who had
7 a professional relationship with any decedent to send or cause to be sent to
8 any funeral establishment or mortician the remains of any deceased person
9 without having first made due inquiry as to the desires of the decedent as
10 expressed in any prearranged funeral plan as set forth in section 54-1139,
11 Idaho Code, or of the person authorized to direct disposition of the remains
12 under section 54-1142, Idaho Code.
13 No person licensed as a mortician under this chapter or anyone acting for
14 him on behalf of a licensee shall participate in any transaction or business
15 which in any way interferes with the freedom of choice of the general public
16 to choose a mortician or an funeral establishment to perform the burial or
17 disposal of a human body, except where the body or a part thereof is given for
18 anatomical purposes.
19 Nothing herein contained shall be construed to govern or limit the author-
20 ity of any administrator or executor, trustee, or other person having a fidu-
21 ciary relationship with the deceased.
22 B.(2) No company, corporation or association engaged in the business of
23 paying, or providing for the payment, of the expenses for mortician services
24 or funeral supplies, or engaged in the business of providing insurance upon
25 the life of any person for the payment of such expenses upon his death, shall
26 pay any such insurance or benefits to any mortician, funeral director, funeral
27 establishment, or other person in any manner which might or could deprive the
28 decedent as expressed in any prearranged funeral plan as set forth in section
29 54-1139, Idaho Code, or of the person authorized to direct disposition of the
30 remains under section 54-1142, Idaho Code, from directing the method, manner
31 and arrangements for the disposition of the remains.
32 SECTION 15. That Section 54-1120, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 54-1120. RECEIVING BODY FOR TRANSPORTATION OUTSIDE STATE WITHOUT PERMIT
35 PROHIBITED -- MORTICIAN'S CERTIFICATE REQUIRED CREMATION AND REMOVAL OF HUMAN
36 REMAINS. It shall be unlawful for any public transportation agent of any pub-
37 lic transportation facility to receive a dead human body for shipment or
38 transportation by any means of transportation or conveyance to or from any
39 point in this state, or to a point outside this state, unless said embalmed
40 human body is accompanied by a permit for final disposition signed by a regis-
41 trar of the district where death occurred the individual authorized by law to
42 certify the cause of death. Human remains shall not be delivered to a crema-
43 tory or removed from the casket or other container without the written consent
44 of the person giving the consent to the cremation of the body.
45 SECTION 16. That Section 54-1128, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 54-1128. VIOLATIONS CONSTITUTING MISDEMEANORS -- EXCEPTIONS -- ENFORCE-
48 MENT. Any person who shall knowingly violates any provision of this act chap-
49 ter, or any licensee under this act chapter who shall commit an act of unpro-
50 fessional conduct as defined and designated under the provisions of subsection
12
1 C(3) of section 54-1116, Idaho Code, except subsections (7g) and (9i) thereof,
2 shall be guilty of a misdemeanor unless such conduct is punishable as a felony
3 elsewhere under the law. It shall be the duty of the board of morticians to
4 see that the provisions of this act chapter are properly administered and
5 enforced throughout the state, and all peace officers and prosecuting attor-
6 neys shall aid in their several capacities in discharge of these duties.
7 SECTION 17. That Section 54-1131, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-1131. DEFINITIONS. As used in sections 54-1132 through 54-1143, Idaho
10 Code:
11 A.(1) "Beneficiary" means the person who is to receive the funeral or
12 cemetery merchandise or funeral or cemetery services.
13 B.(2) "Certified person or seller" means any person holding a certificate
14 of registration or who is registered to sell or offer for sale prearrangement
15 sales contracts.
16 C.(3) "Funeral or cemetery merchandise" means personal property normally
17 and customarily sold by funeral service establishments, cemeteries, and
18 crematoriums crematory establishments including, but not limited to, caskets
19 or other primary containers, burial vaults, casket-vaults, grave liners,
20 funeral clothing or accessories, monuments, grave markers and cremation urns.
21 It shall include:
22 (1a) Merchandise identified for the purchaser or the beneficiary to be
23 manufactured for future delivery and use.
24 (2b) Merchandise that has been manufactured and held by the manufacturer
25 for future delivery and use.
26 (3c) Merchandise that has been manufactured and delivered to and in the
27 possession of the seller, who has placed it, until needed, in storage.
28 D.(4) "Funeral or cemetery services" means those services normally and
29 customarily performed by a funeral service practitioner, mortician, funeral
30 service establishment, cemetery or crematorium crematory establishment in con-
31 junction with funeral or memorial services, interment, entombment or crema-
32 tion.
33 E.(5) "Guaranteed contract" means a written prearrangement sales contract
34 that guarantees the beneficiary funeral or cemetery services or funeral or
35 cemetery merchandise contained in the contract and under which no charges
36 other than the sales price contained in the contract shall be required upon
37 delivery of the merchandise or performance of the funeral and cemetery ser-
38 vices.
39 F.(6) "Nonguaranteed contract" means a written prearrangement sales con-
40 tract that does not guarantee the beneficiary any specific funeral or cemetery
41 merchandise or services. Any funds paid under this contract are only a deposit
42 to be applied toward the final cost of the funeral or cemetery merchandise or
43 services.
44 G.(7) "Prepaid prearrangement sale or prearrangement sales contract"
45 means any sale, other than a contract of life insurance entered into by an
46 insurance company, that has as its purpose the furnishing of funeral or ceme-
47 tery merchandise or funeral or cemetery services in connection with the final
48 disposition or commemoration of the memory of a dead human body, for use at a
49 time determinable by the death of the person or persons whose body or bodies
50 are to be disposed and where the sale terms require payment or payments to be
51 made at a currently determinable time.
52 H.(8) "Primary container" means a casket, rental casket, casket-vault,
53 chapel-vault or other container which that serves as the repository for dead
13
1 human remains.
2 I.(9) "Public cemetery" means a cemetery owned and operated by a cemetery
3 district organized under Idaho law, or by a municipal corporation or political
4 subdivision of the state of Idaho.
5 J.(10) "Purchaser" means a beneficiary or a person acting on behalf of a
6 beneficiary who enters into a prearrangement sales contract with a certified
7 person under which any payment or payments made under the contract are
8 required to be deposited in trust.
9 K.(11) "Secondary container" means a vault, grave liner, urn or other con-
10 tainer purchased by the buyer for a burial or required by the cemetery which
11 that will be the repository for the primary container.
12 L.(12) "Trustee" means any bank, trust company or savings institution
13 authorized to do business in the state of Idaho where accounts are insured
14 with the federal deposit insurance corporation, the federal savings and loan
15 insurance corporation or other similar agency of the United States government.
16 SECTION 18. That Section 54-1132, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 54-1132. CERTIFICATE OF AUTHORITY -- REQUIREMENTS -- DISPLAY OF CERTIFI-
19 CATE. A.(1) No individual, firm, partnership, corporation, association, or
20 sales entity or business entity of whatever kind or type, may sell a prepaid
21 contract or provide funeral or cemetery merchandise or funeral or cemetery
22 services pursuant to a prepaid contract without first obtaining a valid cer-
23 tificate of authority.
24 A certificate of authority for public cemeteries shall be issued by the
25 governing board, city council or board of county commissioners having overall
26 supervision and control of the cemetery. A certificate of authority for pri-
27 vately owned cemeteries shall be issued by the Idaho board of cemeterians. A
28 certificate of authority for persons or entities licensed under chapter 11,
29 title 54, Idaho Code, shall be issued by the state board of morticians.
30 B.(2) Any individual, firm, partnership, corporation, association or
31 sales business entity seeking to obtain a certificate of authority must submit
32 a statement which that includes the following:
33 (1a) The types of prepaid contracts to be written;
34 (2b) The name and address of the place of business of the individual,
35 firm, partnership, corporation, or association offering the contract; and
36 (3c) Any information deemed necessary by the certificating authority to
37 show evidence of good moral character, a reputation for fair dealing in
38 business matters, and the absence of a criminal record.
39 C.(3) Upon issuance, the certificate of authority shall be posted con-
40 spicuously in the holder's place of business.
41 D.(4) Any individual or sales or business entity holding a certificate
42 shall present a copy of the certificate to the purchaser before engaging in
43 the activity of selling a prearrangement sales contract.
44 SECTION 19. That Section 54-1136, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 54-1136. SOLICITATION -- LIMITATIONS. A.(1) The right of a seller to law-
47 fully advertise shall not be restrained, nor shall general advertising be pro-
48 hibited.
49 B.(2) Advertising and marketing of prearrangement sales contracts is per-
50 mitted provided that:
51 (1a) The seller clearly identifies himself and his product.
14
1 (2b) The seller shows his certificate of authority as provided in section
2 54-1132, Idaho Code. If the marketing is by telephone, the seller must
3 disclose his certificate of authority.
4 (3c) The seller makes an appointment with the prospective buyer if the
5 meeting is at a place other than the seller's place of business.
6 C.(3) Advertising and marketing of prearrangement sales contracts is per-
7 mitted provided that any contract seller or agent or employee or person acting
8 in behalf of any such person shall not:
9 (1a) Directly or indirectly call upon or employ any agent, assistant,
10 employee, independent contracting person or any other person to call upon
11 individuals or persons in hospitals, rest homes, or similar institutions
12 for the purpose of soliciting prepaid contracts for making funeral or cem-
13 etery or final disposition arrangements without first having been specifi-
14 cally requested to do so by such person or by his next of kin.
15 (2b) Solicit for dead human bodies for the purpose of providing funeral
16 or cemetery services, final disposition, or cemetery or funeral merchan-
17 dise when such solicitation occurs where death is reasonably pending or
18 after death.
19 (3c) Solicit or accept or pay any consideration for recommending speci-
20 fied persons to cause a dead human body to be provided funeral or cemetery
21 services or funeral or cemetery merchandise, or the services of a crema-
22 tory, mausoleum or cemetery except where such arrangement is subject to a
23 prepaid contract.
24 (4d) Be involved in solicitation which comprises an uninvited invasion of
25 personal privacy at the personal residence of a person unless the solici-
26 tation has been previously and expressly requested by the person solici-
27 ted.
28 SECTION 20. That Section 54-1138, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-1138. ENFORCEMENT PENALTY -- DISCLOSURE OF CONTRACTS UPON SALE OF
31 BUSINESS. A.(1) Sections 54-1129 through 54-113843, Idaho Code, shall be
32 enforced by the Idaho state board of morticians or by the Idaho state board of
33 cemeterians, depending upon whether the seller is a mortician/funeral director
34 or cemeterian, who shall have authority to promulgate rules and regulations to
35 enforce the provisions.
36 B.(2) Any person violating the provisions of sections 54-1129 through
37 54-113743, Idaho Code, shall be guilty of a misdemeanor unless such act is
38 punishable as a felony elsewhere under law.
39 C.(3) No funeral service or funeral merchandise provider, be it funeral
40 home or cemetery or third party seller, shall go out of business or sell a
41 substantial part or all of its assets to any other person or firm without
42 first disclosing the full particulars of all prearrangement sales contracts
43 entered into by such seller, including the date of such contract, the pur-
44 chaser thereof, the beneficiary, the amount of the trust, the name and loca-
45 tion of trustee, and the merchandise or services to be provided under the
46 terms of the contract.
47 SECTION 21. That Section 54-1141, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-1141. SURVIVOR'S SERVICES. The provisions of section 54-1140, Idaho
50 Code, shall not prevent the deceased person's survivors from, at their own
51 expense, pursuing meaningful services and making arrangements with for funeral
15
1 services establishments which that do not conflict with the deceased's
2 instructions for disposition.
3 SECTION 22. That Section 54-1143, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 54-1143. RIGHT TO RELY. A.(1) Any person signing a funeral service agree-
6 ment or cremation authorization form or any other authorization for disposi-
7 tion, whether part of a prearranged funeral plan or at time of death, shall be
8 deemed to warrant the truthfulness of any facts set forth therein, including
9 the identity of the deceased whose remains are sought to be buried or cremated
10 and the signer's authority to order such disposition.
11 B.(2) A funeral service establishment, cemetery or crematory establish-
12 ment shall have the right to rely on such authorization and shall have author-
13 ity to dispose of human remains upon the receipt of an authorization form
14 signed by the decedent or by the person having the right to control disposi-
15 tion as set forth in section 54-1142, Idaho Code. There shall be no liability
16 of a funeral service establishment, cemetery or crematory establishment that
17 disposes of human remains pursuant to such authorization, or that releases or
18 disposes of the remains pursuant to such authorization.
STATEMENT OF PURPOSE
RS 12376C1
54-1102 to change the definition of Mortician and Funeral Director.
Adding language to consolidate the crematory law with the mortician
law.
54-1103 clarifying language on requirement for license to practice
mortician services.
54-1106 adds language to allow licensure and regular inspection of
funeral establishments and crematories.
54-1108 providing for examinations and requirements for funeral
directors.
54-1109 providing for requirements for funeral directors license.
54-1110, 54-1112, 54-1114, 54-1116, 54-1117, 54-1118 striking
unnecessary language.
54-1111 changing the requirements for funeral establishment
licenses and adding crematory language.
54-1115 consolidating the crematory law and the mortician law
places the crematory license fee in this section.
54-1120 adding language for cremation and transportation of human
remains.
54-1131 clarifying language for crematories and establishments.
54-1132 clarifying language on certificates of authority.
54-1136 clarifying language on prearrangement contracts.
54-1138, 54-1141, 54-1143 clarifying language on funeral directors
and establishments.
FISCAL IMPACT
There will be no impact on General or Dedicated funds.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H