Title 32 — Professions and Occupations
44 chapters · 1,581 sections in this title.
A.R.S. § 32-1363 Use of funeral director title; unlawful use
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A. A person who is licensed as a funeral director under article 2 of this chapter shall be known as a "funeral director", "undertaker" or "mortician" or any other title that clearly indicates that the person is engaged in the business of funeral directing. B. It is unlawful for a…
A.R.S. § 32-1364 Crimes against the dead; classification
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A. It is unlawful for a person, without the authority of law or as normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry, to mutilate a dead human body. B. It is unlawful for a person, without the aut…
A.R.S. § 32-1365 Violations; classification
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A. It is unlawful: 1. For an embalmer or embalmer's assistant who knows or should know of a fact that is sufficient to raise suspicion of a crime related to the cause of death or a crime against a dead human body to embalm a dead human body without the permission of the county me…
A.R.S. § 32-1365.01 Lawful disposition of dead human body; authorization document; legally competent adults; immunity
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A. A legally competent adult may prepare a written statement directing the cremation or other lawful disposition of the legally competent adult's own remains pursuant to section 36-831. The written statement may but need not be part of the legally competent adult's will. B. The l…
A.R.S. § 32-1365.02 Authorizing agents; consent for cremation, alkaline hydrolysis, disinterment or embalming; definition
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A. Except as provided in section 32-1365.01 and in subsection E of this section, it is unlawful to cremate, use alkaline hydrolysis or disinter a dead human body without prior written consent of the authorizing agent. B. Except as provided in section 32-1365.01, it is unlawful to…
A.R.S. § 32-1366 Grounds for disciplinary action
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A. After a formal hearing, the department may deny or revoke a license or may take disciplinary action against any embalmer, funeral director, alkaline hydrolysis operator or other person who is licensed pursuant to this chapter for any of the following reasons: 1. Commission of …
A.R.S. § 32-1367 Investigations; disciplinary proceedings; civil penalty; probationary terms
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A. The department shall conduct an investigation when the department receives a complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. B. The department on its own initiative may investigat…
A.R.S. § 32-1369 Cease and desist orders; injunctive relief; civil penalty
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A. In addition to all other remedies, if it appears to the department, either on complaint or otherwise, that any person has engaged in or is engaging in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any ru…
A.R.S. § 32-1371 List of prices of funeral goods and services offered
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A. The department shall adopt rules that require every licensee to give a standardized written or printed price list for retention to each person who personally inquires about funeral arrangements or prices of funeral goods and services. A funeral establishment shall offer each p…
A.R.S. § 32-1372 Display of merchandise prices; rules
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The department shall adopt rules that require each funeral establishment to place a price card in a conspicuous place with each casket, alternative container, outer burial container, alkaline hydrolysis container or other item of funeral goods available for purchase. A funeral es…
A.R.S. § 32-1373 Statement of funeral goods and services
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A. A licensee shall not enter into a contract to furnish funeral goods and services in connection with the burial or other disposition of a dead human body until the licensee has first delivered to the potential purchaser a written or printed statement of funeral goods and servic…
A.R.S. § 32-1374 Price list requirement
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When a licensee makes arrangements by interstate telecommunications to perform services in this state with any person residing outside this state, the licensee shall provide the written price list required pursuant to section 32-1371 electronically unless the person does not have…
A.R.S. § 32-1375 Price lists; telephone information
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A. A licensee or authorized employee shall provide accurate information about the retail prices of funeral goods and services readily available for sale at the funeral establishment at which the licensee or authorized employee is employed to any person inquiring about these price…
A.R.S. § 32-1376 Consumer information pamphlet
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A. The department shall prepare and distribute to funeral establishments a consumer information pamphlet that provides the following information: 1. The meaning of terms used in funeral arrangements. 2. Legal requirements concerning funerals and the disposition of human remains. …
A.R.S. § 32-1377 Rules; relation to federal trade commission regulations
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Except as authorized by this article, rules adopted by the department to implement this article shall be at least as stringent as federal trade commission regulations relating to funeral industry practices as authorized by the federal trade commission act as amended and in effect…
A.R.S. § 32-1378 Transportation protection agreements
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[Repealed or reserved.]
A.R.S. § 32-1381 Funeral establishments; license required
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A person shall not advertise or operate for compensation a funeral establishment without first obtaining a funeral establishment license pursuant to this article or an interim permit issued by the department pursuant to section 32-1388.
A.R.S. § 32-1382 Funeral establishment requirements; responsible funeral director; universal precautions
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A. A funeral establishment licensed pursuant to this article shall: 1. Provide separate rooms for each of the following: (a) An area inside the funeral establishment that may be used as a chapel for conducting funeral services. (b) If the funeral establishment embalms on-site, a …
A.R.S. § 32-1383 Application; qualifications for funeral establishment licensure
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A. An applicant for a funeral establishment 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 informatio…
A.R.S. § 32-1385 Retention of records
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A funeral establishment shall maintain copies of consumer price lists, outer burial container price lists, casket price lists, statements of funeral goods and services and any other documents related to the arrangement or direction of funeral or embalming services for three years…
A.R.S. § 32-1387 Display of license
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A funeral establishment shall display its license at the establishment to which the license was issued in a location that enables any member of the public who enters the funeral establishment to observe and read the license.
A.R.S. § 32-1388 Nontransferability of funeral establishment licenses; change of ownership; interim permits; definition
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A. A funeral establishment license issued by the department is not transferable or subject to sale or assignment, whether by a voluntary or involuntary process. B. If there is a change of ownership of a funeral establishment, the licensee shall notify the department in writing an…
A.R.S. § 32-1389 Application for change of name
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The owner of a licensed funeral establishment shall submit an application on a form prescribed by the department to change the name of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1…
A.R.S. § 32-1390 Application for change of location
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The owner of a funeral establishment shall submit an application on a form prescribed by the department to change the location of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309. …
A.R.S. § 32-1390.01 Prohibited acts; disciplinary actions; agents and employees; penalties
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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.R.S. § 32-1390.02 Disciplinary proceedings; notice
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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.R.S. § 32-1391.01 Powers and duties of department
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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.R.S. § 32-1391.02 Prearranged funeral agreements; restrictions on sales
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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.R.S. § 32-1391.03 Department of insurance and financial institutions; powers and duties; prearranged funeral trust accounts
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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.R.S. § 32-1391.04 Prearranged funeral trust accounts; books and records; inspection and examination
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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.R.S. § 32-1391.05 Prearranged funeral agreements funded by trusts; definition
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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.R.S. § 32-1391.06 Service fees; prearranged funeral agreements funded by trust
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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.R.S. § 32-1391.07 Cancellation; prearranged funeral agreements funded by trust
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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.R.S. § 32-1391.08 Prearranged funeral agreements funded by trust; death of beneficiary
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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.R.S. § 32-1391.09 Prearranged funeral agreements funded by trust; consumer disclosures
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A. Each prearranged funeral agreement funded by trust shall contain the following conspicuous notice that shall be initialed by the purchaser: Purchaser initials:________ B. A prearranged funeral agreement shall specifically itemize the funeral goods and services to be provided u…
A.R.S. § 32-1391.10 Waiver of purchaser rights
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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.
A.R.S. § 32-1391.11 Prearranged funeral agreements funded by trust; sales; restrictions
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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.R.S. § 32-1391.12 Prearranged funeral sales endorsement; requirements
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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…
A.R.S. § 32-1391.13 Funeral establishment sales endorsement; grounds for denial or revocation; disciplinary action
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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.R.S. § 32-1391.16 Prearranged funeral sales and trust account activities; funeral establishments; annual report
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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…
A.R.S. § 32-1391.17 Exemptions
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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.R.S. § 32-1391.18 Violation; classification; penalties and remedies
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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.R.S. § 32-1393 Crematories; license required; employee training
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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.R.S. § 32-1394 Crematory requirements; responsible cremationist
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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.R.S. § 32-1394.01 Application; qualifications for cremationist licensure; licensure requirement for responsible cremationists
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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.R.S. § 32-1395 Application; qualifications for licensure
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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.R.S. § 32-1396.01 Display of license
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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.R.S. § 32-1397 Nontransferability of crematory licenses; change of ownership; interim permit; definition
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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…
A.R.S. § 32-1397.01 Crematories; change of name
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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.
A.R.S. § 32-1397.02 Crematories; change of location
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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…