Title 32, Professions and Occupations

A. The department may deny or revoke the license of a funeral establishment or may take disciplinary action against a funeral establishment for any of the following reasons: 1. Committing fraud or misrepresentation in obtaining a license. 2. Failing to employ and designate a resp…

A. Article 3 of this chapter and rules adopted pursuant to article 3 of this chapter govern disciplinary proceedings brought against a funeral establishment. B. Any notice required to be served by the department on a person who is licensed pursuant to article 2 of this chapter sh…

A. The department shall adopt rules that: 1. Describe or define deceptive, misleading or professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts. 2. Implement and interpret consu…

A. A person shall not enter into a prearranged funeral agreement other than in accordance with this article and the rules adopted pursuant to this article. B. The department shall adopt rules that require every funeral establishment that sells prearranged funeral agreements to gi…

A. The department of insurance and financial institutions shall determine all of the following in its examinations of prearranged funeral trust accounts: 1. The names and addresses of purchasers of prearranged funerals and the amount each purchaser paid to the funeral establishme…

A. All funeral establishments and financial institutions, on request of the department of insurance and financial institutions, shall make their prearranged funeral trust account books and records available for inspection and examination by the department of insurance and financi…

A. All monies paid under a prearranged funeral agreement funded by trust, except as provided in subsection B of this section, shall be deposited, within five business days after the receipt of the monies, in a prearranged funeral trust account with a financial institution doing b…

A. A funeral establishment may charge an initial service fee when a person enters into a prearranged funeral agreement funded by trust of not to exceed fifteen per cent of the total amount agreed to be paid by the purchaser pursuant to the prearranged funeral agreement. If the am…

A. If a funeral establishment receives a written request from a purchaser of a prearranged funeral agreement funded by trust to terminate the agreement and refund the trust funds, the funeral establishment shall refund the remaining trust funds to the purchaser within five busine…

A. After the death of a beneficiary of a prearranged funeral agreement funded by trust, the financial institution shall release a portion of the remaining trust funds equal to the funeral establishment's charges for funeral goods and services for the beneficiary's funeral arrange…

A. Each prearranged funeral agreement funded by trust shall contain the following conspicuous notice that shall be initialed by the purchaser: Notice to Purchaser This prearranged funeral agreement is for the future funeral arrangements of (name of beneficiary) . The payments you…

The rights granted by this article to purchasers of prearranged funeral agreements funded by trust shall not be abrogated, modified or limited except as provided in this article.

It is unlawful for a person to offer or sell prearranged funeral agreements funded by trust unless the person is a registered salesperson or the designated funeral director employed or otherwise engaged by a funeral establishment that has been issued a prearranged funeral sales e…

A. A funeral establishment that desires to offer or sell prearranged funeral agreements funded by trust shall apply to the department for an endorsement to its establishment license. The department shall issue the endorsement if the funeral establishment satisfies the following r…

The department may deny or revoke a prearranged funeral sales endorsement or may take disciplinary action against a funeral establishment if any of the following occurs: 1. The funeral establishment fails to satisfy the requirements of section 32-1391.12. 2. The funeral establish…

A. On or before May 1, each funeral establishment holding a prearranged funeral sales endorsement shall file an annual report with the department concerning its prearranged funeral sales and trust account activities during the preceding calendar year. B. The funeral establishment…

This article does not apply to: 1. The sale of cemetery lots, mausoleum or columbarium spaces, monuments, grave markers, outer burial containers, grave liners, vaults, cremation urns or similar burial or final disposition items by a licensed cemetery broker or cemetery salesperso…

A. Except as otherwise provided by law, a person who recklessly violates this article is guilty of a class 1 misdemeanor. B. A person who violates this article is civilly liable to any person injured as a result of the violation in an amount equal to three times the injured perso…

A. A person shall not advertise or operate a crematory, unless the person has received a certificate of authority from the state real estate department, without first obtaining a crematory license issued by the department of health services. B. A licensed crematory and its employ…

A crematory licensed pursuant to this article shall: 1. Maintain a retort that is operated at all times in a sanitary and professional manner, that conforms to local building and environmental codes and that provides protection for the health and safety of persons in attendance a…

A. An applicant for a cremationist license shall submit a completed application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that th…

A. An applicant for a crematory license shall submit a completed application on a form prescribed by the department. If the applicant is a business entity, the entity shall direct a natural person who is an owner of the entity to submit its application. The application shall be s…

A crematory shall display its license and the responsible cremationist's license at the crematory to which the license was issued in a location that enables any member of the public who enters the crematory to observe and read the license.

A. A crematory license issued by the department is not transferable or subject to sale or assignment, whether by a voluntary or involuntary process. B. If a change of ownership of a crematory occurs, the licensee shall notify the department in writing and shall surrender the lice…

The owner of a crematory who desires to change the name of the crematory shall submit an application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee.

The owner of a crematory shall submit an application on a form prescribed by the department to change the location of the crematory. The application shall be subscribed under oath and shall be accompanied by the applicable fee. Before the department approves a request for a chang…

A. The department may take disciplinary action against a crematory or an agent or employee of a crematory for any of the following acts: 1. Unless otherwise allowed by law, selling or offering to sell a cremation that is not arranged by a funeral establishment licensed pursuant t…

Article 3 of this chapter and rules adopted pursuant to article 3 of this chapter govern disciplinary proceedings brought against a crematory.

The department shall adopt rules that establish standards equivalent to section 32-1307, subsection A, paragraph 4 for regulating crematories and cremation and that include the following: 1. A crematory shall develop, implement and maintain a written procedure for identifying hum…