TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 11

MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS

54-1111.  Requirements for establishment license — Cancellation — Records — Operation by legal representative of estate. (1) The board shall issue a funeral establishment license or crematory establishment license to any person, partnership, association, corporation or other organization, to operate at specific locations only, which has met the following requirements:

(a)  That the applicant, if an individual, is a licensed mortician or funeral director under this chapter and is a resident of the state of Idaho.

(b)  That the applicant has not been refused a license as a mortician or funeral director or its equivalent, or as an establishment or its equivalent, or had a personal or establishment license revoked in Idaho or in any other state.

(c)  That the applicant has designated the name under which the establishment will operate and has designated a location for which the establishment license is to be issued.

(d)  That the applicant has at least one (1) mortician licensed under this chapter who is a resident of the state of Idaho and who is, and will be, in the employ or service of the establishment.

(e)  That the applicant has filed an application and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. No establishment license shall be transferable, but an applicant may make application for more than one (1) establishment license as long as all of the requirements are met for each license.

(f)  That the applicant for a crematory establishment license holds a current funeral establishment license in the state of Idaho.

(2)  All applications for establishment licenses shall be in writing and shall contain the name of the applicant, the address and location of the establishment, and a description of the type of structure and equipment to be used in the operation of the establishment and such further information as may be required by the board to ensure the safe and sanitary operation of the establishment.

(3)  The mortician responsible for the operation of an establishment shall maintain such records affecting the handling, custody, care, processing or transportation of human remains as may be required by the laws and rules of the state of Idaho and the board for all human remains received, prepared, cremated or otherwise disposed of by the establishment.

(4)  In the event a licensed establishment ceases to have a resident full-time licensed mortician in its employ at its place of business, the licensed establishment must replace the full-time licensed mortician within ninety (90) days, or its license shall be canceled. This subsection shall not permit an unlicensed person to perform mortician services. The board may for good cause extend the time a licensed establishment has to replace a resident full-time licensed mortician.

History:

[54-1111, added 1970, ch. 70, sec. 10, p. 167; am. 1974, ch. 13, sec. 98, p. 138; am. 2003, ch. 257, sec. 8, p. 672; am. 2020, ch. 257, sec. 3, p. 746.]