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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 - 2003IN 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: 19A. "Mortician" means any person engaged in or conducting, or holding him-20self 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-23wise, 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. 52B.(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 servicesDirecting or supervising the burial or 4 disposal of dead human bodies. 5 (2b)Supervising or directing the burial or disposal ofArranging for 6 funeral services for dead human bodies. 7 (3c)Performing any act or service connected with such acts which is not8included within the meaning of the term embalming as used in this act.9Provided, however, this definition shall apply only to those persons who10are holders of a funeral director's license which is valid to June 30,111970Selling funeral goods and services to the public. 12 (d) Conducting, directing or supervising a funeral service. 13C. "Embalming" means the disinfecting, preparing or preserving for final14disposition of dead human bodies, in whole or in part, or any attempt to do15so, by the use or application of chemical substances, fluids or gases on the16body, or by the introduction of the same into the body by vascular or hypoder-17mic injection or by direct introduction into organs or cavities, or by any18other method or process.19D. "Burial" means the interment, cremation or entombment of dead human20bodies in any manner.21E. "Resident trainee" means a person who is engaged in preparing to22become licensed as a mortician, and who practices embalming or other acts of a23mortician under the direct and immediate personal supervision of a licensed24mortician 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 businessconductedat 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. 38G. "Department" means the department of self-governing agencies of the39state of Idaho.40H. "Bureau chief" means the chief of the bureau of occupational licenses.41I. "Board" means the state board of morticians of the state of Idaho or42any successor thereof.43J. "Mortician license" means a yearly license issued by the board to act44as a mortician and perform mortician services as defined in this act.45K. "Funeral director license" means a yearly license issued by the board46to act as a funeral director and perform funeral director services as defined47in this act.48L.(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 thisactchapter. 51M. "Resident trainee license" means a yearly license issued by the board52to act as a licensed resident trainee and perform mortician services under the53direct personal supervision of a licensed mortician as defined in this act.54N.(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. 20O.(21) "Mortician services" means the services of a mortician defined in 21 subsectionA(19) of this section. 22P. "Funeral director services" means the services of a funeral director23defined in subsection B of this section.24Q. "Funeral supplies" means caskets, vaults, burial receptacles and any25other personal property sold for use in the burial or disposal of a human26body.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 thisact40 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 thisactchapter. 43B.(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'slicense or resident trainee license as provided in this 46act; provided, however, any mortician licensed under this act shall be autho-47rized to perform funeral director services, and a resident trainee licensed48under this act shall be authorized to perform funeral director services under49the personal supervision of a licensed morticianchapter. 50C.(3) It shall be unlawful for any person to operate a funeral establish- 51 mentunless he shallor crematory without first obtaininga funeralthe valid 52 establishment licenses as provided in thisactchapter. 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 OFACTCHAPTER. There is hereby 4 exempted from the terms and provisions of thisactchapter and from the 5 enforcement of the provisions hereof, the following: 6A.(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. 10B.(2) Cemeteries selling vaults or burial receptacles to the public. 11C.(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 54-1102A.(11) orB.(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: 22A.(1) To prepare, conduct, and grade examinations of applicants formor-23ticianlicenses. 24B.(2) To certify the results of examinations of applicants and certify 25 the applicant as having "passed" or "failed." 26C.(3) To conduct hearings and proceedings in connection with the suspen- 27 sion or revocation of licenses. 28D.(4) To make findings and recommendations to the governor on any and all 29 matters relating to the enforcement of the provisions of thisactchapter. 30E.(5) To perform all other duties and exercise all other powers granted 31 under thisactchapter, or the laws of the state of Idaho. 32F.(6) To authorize, by written agreement, the bureau of occupational 33 licenses as agent to act in its interest. 34G.(7) Toperform all duties and exercise all powers granted under chapter353, title 27, Idaho Code, pertaining to licensing and regulationprovide 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 amortician'slicense., 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 state48department of health and welfare relating to infectious diseases and quaran-49tineExaminations 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 shallgrade, or cause to3have graded by licensed morticians, the examinations and shalldetermine 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 gradingany and all ofthe 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'SLICENSE -- 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 AmericanBboard ofFfuneralSserviceEeducation,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 thisact37 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 27regulationsrules 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 licenseefee 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 FORFUNERALESTABLISHMENT 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 45conduct a funeral establishmentoperate 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 thisactchapter 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, oras a funeralfor an establishment, 52 or its equivalent;nor has said applicantor had amortician'spersonal or 8 1funeralestablishment license revoked in Idaho or in any other state. 2 (3c) That the applicant has designated the name under which thefuneral3 establishment will operate and has designated a locationsfor which the 4generalestablishment license is to be issued. 5 (4d) That the applicant has at least one (1) mortician licensed under 6 thisactchapter who is a resident of the state of Idaho and who is, and 7 will be, in the employ or service of thefuneralestablishment.at its8location on a full-time basis.9 (5e) That the applicant has filed an applicationwith the board as10required by this actand 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.Nofuneralestab- 14 lishment license shall be transferable, but an applicant may make applica- 15 tion for more than one (1)funeralestablishment 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. 19B.(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 licensedfuneralestablishment 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 leavesa funeralan 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 thefuneralestablishment 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 performmorticianservices at a particularfuneralestablishment 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: 48A.(1) Has attained the age of eighteen (18) years, and is a resident of 49 the state of Idaho. 50B.(2) Is of good moral character. 51C.(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 1D.(4) Has filed an application with the board as required by thisact2 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 its5determination 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: 16A.(1) Not more than one hundred dollars ($100) for a mortician license. 17B.(2) Not more than one hundred dollars ($100) for a funeral director 18 license. 19C.(3) Not more than one hundred fifty dollars ($150) for a funeral estab- 20 lishment license. 21D.(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. 24E.(6) Not more than one hundred dollars ($100) for a certificate of 25 authority. 26F.(7) Not more than one hundred dollars ($100) application fee for 27 endorsement and/or examination. 28There 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: 37A.(1) Conviction of a crime involving moral turpitude. 38B.(2) Conviction of a felony. 39C.(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 thefuneralestablishment 45 in connection with that of anyfuneralestablishment; 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 orfuneralestablishment; 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 thisactchapter; 19 (11k) Violation of any state law, or municipal or county ordinance, or 20regulationrule authorized under thisactchapter 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 thisactchapter 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) days40prior to the date set for such hearing, the board shall cause written notice41to be sent by certified mail to the licensee or applicant at his last known42address, which notice shall contain a statement of the charges made, and the43date, 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 TOFUNERALAN ESTABLISHMENT WITHOUT INQUIRY PROHIB- 50 ITED -- EXCEPTIONS -- ANATOMICAL GIFTS -- AUTHORITY REGARDING DISPOSITION. 51A.(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 anyfuneralestablishment 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 licensedas a morticianunder this chapter or anyone actingfor9himon 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 anfuneralestablishment 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. 17B.(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,funeral22 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 REQUIREDCREMATION 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 bya regis-36trar of the district where death occurredthe 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 whoshallknowingly violates any provision of thisactchap- 44 ter, or any licensee under thisactchapter who shall commit an act of unpro- 45 fessional conduct as defined and designated under the provisions of subsection 46C(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 thisactchapter 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: 5A.(1) "Beneficiary" means the person who is to receive the funeral or 6 cemetery merchandise or funeral or cemetery services. 7B.(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. 10C.(3) "Funeral or cemetery merchandise" means personal property normally 11 and customarily sold by funeralserviceestablishments, cemeteries, and 12crematoriumscrematory 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. 22D.(4) "Funeral or cemetery services" means those services normally and 23 customarily performed by a funeral service practitioner, mortician, funeral 24serviceestablishment, cemetery orcrematoriumcrematory establishment in con- 25 junction with funeral or memorial services, interment, entombment or crema- 26 tion. 27E.(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. 33F.(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. 38G.(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. 46H.(8) "Primary container" means a casket, rental casket, casket-vault, 47 chapel-vault or other containerwhichthat serves as the repository for dead 48 human remains. 49I.(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. 52J.(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. 2K.(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 cemeterywhich4 that will be the repository for the primary container. 5L.(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, or13sales 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 personsor entitieslicensed under chapter 11, 22 title 54, Idaho Code, shall be issued by the state board of morticians. 23B.(2) Any individual, firm, partnership, corporation, association or24sales business entityseeking to obtain a certificate of authority must submit 25 a statementwhichthat 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,28firm, 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. 32C.(3) Upon issuance, the certificate of authority shall be posted con- 33 spicuously in the holder's place of business. 34D.(4) Any individualor sales or business entityholding 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. 42B.(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. 50C.(3) Advertising and marketing of prearrangement sales contracts is per- 51 mitted provided that any contract selleror agent or employee or person acting14 1in behalf of any such personshall 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 rulesand regulationsto 28 enforce the provisions. 29B.(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. 32C.(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 arrangementswithfor funeral 45 servicesestablishments whichthat 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. 6B.(2) A funeralserviceestablishment, 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 funeralserviceestablishment, 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 - 2003IN 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: 21A. "Mortician" means any person engaged in or conducting, or holding him-22self 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-25wise, 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. 2B.(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 servicesDirecting or supervising the burial, 6 cremation or disposal of dead human bodies. 7 (2b)Supervising or directing the burial or disposal ofArranging for 8 funeral services for dead human bodies. 9 (3c)Performing any act or service connected with such acts which is not10included within the meaning of the term embalming as used in this act.11Provided, however, this definition shall apply only to those persons who12are holders of a funeral director's license which is valid to June 30,131970Selling funeral goods and services to the public. 14 (d) Conducting, directing or supervising a funeral service. 15C. "Embalming" means the disinfecting, preparing or preserving for final16disposition of dead human bodies, in whole or in part, or any attempt to do17so, by the use or application of chemical substances, fluids or gases on the18body, or by the introduction of the same into the body by vascular or hypoder-19mic injection or by direct introduction into organs or cavities, or by any20other method or process.21D. "Burial" means the interment, cremation or entombment of dead human22bodies in any manner.23E. "Resident trainee" means a person who is engaged in preparing to24become licensed as a mortician, and who practices embalming or other acts of a25mortician under the direct and immediate personal supervision of a licensed26mortician 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 businessconductedat 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. 40G. "Department" means the department of self-governing agencies of the41state of Idaho.42H. "Bureau chief" means the chief of the bureau of occupational licenses.43I. "Board" means the state board of morticians of the state of Idaho or44any successor thereof.45J. "Mortician license" means a yearly license issued by the board to act46as a mortician and perform mortician services as defined in this act.47K. "Funeral director license" means a yearly license issued by the board48to act as a funeral director and perform funeral director services as defined49in this act.50L.(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 thisactchapter. 53M. "Resident trainee license" means a yearly license issued by the board54to act as a licensed resident trainee and perform mortician services under the55direct personal supervision of a licensed mortician as defined in this act.4 1N.(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. 22O.(21) "Mortician services" means the services of a mortician defined in 23 subsectionA(19) of this section. 24P. "Funeral director services" means the services of a funeral director25defined in subsection B of this section.26Q. "Funeral supplies" means caskets, vaults, burial receptacles and any27other personal property sold for use in the burial or disposal of a human28body.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 thisact42 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 thisactchapter. 45B.(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'slicense or resident trainee license as provided in this 48act; provided, however, any mortician licensed under this act shall be autho-49rized to perform funeral director services, and a resident trainee licensed50under this act shall be authorized to perform funeral director services under51the personal supervision of a licensed morticianchapter. 52C.(3) It shall be unlawful for any person to operate a funeral establish- 53 mentunless he shallor crematory without first obtaininga funeralthe valid 5 1 establishment licenses as provided in thisactchapter. 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 OFACTCHAPTER. There is hereby 5 exempted from the terms and provisions of thisactchapter and from the 6 enforcement of the provisions hereof, the following: 7A.(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. 11B.(2) Cemeteries selling vaults or burial receptacles to the public. 12C.(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 54-1102A.(11) orB.(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: 28A.(1) To prepare, conduct, and grade examinations of applicants formor-29ticianlicenses. 30B.(2) To certify the results of examinations of applicants and certify 31 the applicant as having "passed" or "failed." 32C.(3) To conduct hearings and proceedings in connection with the suspen- 33 sion or revocation of licenses. 34D.(4) To make findings and recommendations to the governor on any and all 35 matters relating to the enforcement of the provisions of thisactchapter. 36E.(5) To perform all other duties and exercise all other powers granted 37 under thisactchapter, or the laws of the state of Idaho. 38F.(6) To authorize, by written agreement, the bureau of occupational 39 licenses as agent to act in its interest. 40G.(7) Toperform all duties and exercise all powers granted under chapter413, title 27, Idaho Code, pertaining to licensing and regulationprovide 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 amortician'slicense., 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 state5department of health and welfare relating to infectious diseases and quaran-6tineExaminations 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 shallgrade, or cause to10have graded by licensed morticians, the examinations and shalldetermine 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 gradingany and all ofthe 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'SLICENSE -- 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 AmericanBboard ofFfuneralSserviceEeducation,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 thisact44 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 34regulationsrules 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 licenseefee 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 FORFUNERALESTABLISHMENT 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 52conduct a funeral establishmentoperate 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 thisactchapter 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, oras a funeralfor an establishment, 7 or its equivalent;nor has said applicantor had amortician'spersonal or 8funeralestablishment license revoked in Idaho or in any other state. 9 (3c) That the applicant has designated the name under which thefuneral10 establishment will operate and has designated a locationsfor which the 11generalestablishment license is to be issued. 12 (4d) That the applicant has at least one (1) mortician licensed under 13 thisactchapter who is a resident of the state of Idaho and who is, and 14 will be, in the employ or service of thefuneralestablishment.at its15location on a full-time basis.16 (5e) That the applicant has filed an applicationwith the board as17required by this actand 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.Nofuneralestab- 21 lishment license shall be transferable, but an applicant may make applica- 22 tion for more than one (1)funeralestablishment 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. 26B.(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 licensedfuneralestablishment 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 leavesa funeralan 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 thefuneralestablishment 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 performmorticianservices at a particularfuneralestablishment 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: 2A.(1) Has attained the age of eighteen (18) years, and is a resident of 3 the state of Idaho. 4B.(2) Is of good moral character. 5C.(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. 8D.(4) Has filed an application with the board as required by thisact9 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 its12determination 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: 23A.(1) Not more than one hundred dollars ($100) for a mortician license. 24B.(2) Not more than one hundred dollars ($100) for a funeral director 25 license. 26C.(3) Not more than one hundred fifty dollars ($150) for a funeral estab- 27 lishment license. 28D.(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. 31E.(6) Not more than one hundred dollars ($100) for a certificate of 32 authority. 33F.(7) Not more than one hundred dollars ($100) application fee for 34 endorsement and/or examination. 35There 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: 44A.(1) Conviction of a crime involving moral turpitude. 45B.(2) Conviction of a felony. 46C.(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 thefuneralestablishment 2 in connection with that of anyfuneralestablishment; 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 orfuneralestablishment; 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 thisactchapter; 26 (11k) Violation of any state law, or municipal or county ordinance, or 27regulationrule authorized under thisactchapter 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 thisactchapter 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) days47prior to the date set for such hearing, the board shall cause written notice48to be sent by certified mail to the licensee or applicant at his last known49address, which notice shall contain a statement of the charges made, and the50date, 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 TOFUNERALAN ESTABLISHMENT WITHOUT INQUIRY PROHIB- 4 ITED -- EXCEPTIONS -- ANATOMICAL GIFTS -- AUTHORITY REGARDING DISPOSITION. 5A.(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 anyfuneralestablishment 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 licensedas a morticianunder this chapter or anyone actingfor14himon 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 anfuneralestablishment 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. 22B.(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,funeral27 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 REQUIREDCREMATION 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 bya regis-41trar of the district where death occurredthe 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 whoshallknowingly violates any provision of thisactchap- 49 ter, or any licensee under thisactchapter who shall commit an act of unpro- 50 fessional conduct as defined and designated under the provisions of subsection 12 1C(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 thisactchapter 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: 11A.(1) "Beneficiary" means the person who is to receive the funeral or 12 cemetery merchandise or funeral or cemetery services. 13B.(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. 16C.(3) "Funeral or cemetery merchandise" means personal property normally 17 and customarily sold by funeralserviceestablishments, cemeteries, and 18crematoriumscrematory 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. 28D.(4) "Funeral or cemetery services" means those services normally and 29 customarily performed by a funeral service practitioner, mortician, funeral 30serviceestablishment, cemetery orcrematoriumcrematory establishment in con- 31 junction with funeral or memorial services, interment, entombment or crema- 32 tion. 33E.(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. 39F.(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. 44G.(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. 52H.(8) "Primary container" means a casket, rental casket, casket-vault, 53 chapel-vault or other containerwhichthat serves as the repository for dead 13 1 human remains. 2I.(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. 5J.(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. 9K.(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 cemeterywhich11 that will be the repository for the primary container. 12L.(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, or20sales 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 personsor entitieslicensed under chapter 11, 29 title 54, Idaho Code, shall be issued by the state board of morticians. 30B.(2) Any individual, firm, partnership, corporation, association or31sales business entityseeking to obtain a certificate of authority must submit 32 a statementwhichthat 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,35firm, 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. 39C.(3) Upon issuance, the certificate of authority shall be posted con- 40 spicuously in the holder's place of business. 41D.(4) Any individualor sales or business entityholding 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. 49B.(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. 6C.(3) Advertising and marketing of prearrangement sales contracts is per- 7 mitted provided that any contract selleror agent or employee or person acting8in behalf of any such personshall 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 rulesand regulationsto 35 enforce the provisions. 36B.(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. 39C.(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 arrangementswithfor funeral 15 1 servicesestablishments whichthat 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. 11B.(2) A funeralserviceestablishment, 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 funeralserviceestablishment, 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