TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 11

MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS

54-1116.  Denial, suspension, or revocation of licenses — Grounds — Probation. The board may refuse to issue or may refuse to renew or may suspend or may revoke any license, or may place the holder thereof on a term of probation, after proper hearing, upon finding that the holder of such license committed or is subject to any of the following acts or omissions:

(1)  Conviction of a crime that reflects upon the qualifications, functions, or duties of the respective license.

(2)  Unprofessional conduct, which is hereby defined to include:

(a)  Misrepresentation or fraud in the conduct of mortician or funeral director services;

(b)  False or misleading advertising as the holder of a license for the practice of mortician or funeral director services; advertising or using the name of a person who is not an employee of the establishment in connection with that of any establishment;

(c)  Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs before death or after death; provided, that this shall not be deemed to prohibit general advertising;

(d)  Employment by the licensee of persons known as "cappers" or "steerers" or "solicitors," or other such persons, to solicit or obtain agreements with the public for the performance of mortician services;

(e)  Employment, directly or indirectly, of any resident trainee, agent, assistant, employee, or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular mortician, funeral director or establishment;

(f)  The direct or indirect payment, or offer of payment, of a commission by the licensee, his agents, assistants, or employees for the purpose of securing business;

(g)  Gross immorality;

(h)  Aiding or abetting an unlicensed person to practice mortician or funeral director services;

(i)  Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of;

(j)  Violation of any of the provisions of this chapter;

(k)  Violation of any state law, municipal or county ordinance, or rule authorized under this chapter affecting the handling, custody, care, processing or transportation of dead human bodies;

(l)  Fraud or misrepresentation in obtaining or renewing a license;

(m)  Refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody thereof;

(n)  Solicitation or acceptance, directly or indirectly, of a request, before need, for an agreement to provide mortician services or funeral supplies at a price less than that offered by such person to others at time of need;

(o)  Violation of any statutes of any state having to do with prearrangement or prefinancing of mortician services or funeral supplies; and

(p)  Failing an inspection conducted by the board or the board’s agent.

History:

[54-1116, added 1970, ch. 70, sec. 15, p. 167; am. 1974, ch. 13, sec. 102, p. 138; am. 1994, ch. 95, sec. 1, p. 218; am. 2003, ch. 257, sec. 12, p. 674; am. 2020, ch. 175, sec. 18, p. 521; am. 2020, ch. 257, sec. 6, p. 747; am. 2021, ch. 321, sec. 37, p. 980.]