Title 54, PROFESSIONS, VOCATIONS, AND BUSINESSES

54-1105. BOARD OF MORTICIANS. (1) There is hereby established in the division of occupational and professional licenses a state board of morticians to be composed of three (3) members who shall be appointed by the governor and who shall serve at the pleasure of the governor in th…

54-1106. POWERS AND DUTIES OF BOARD. The state board of morticians shall have the following powers and duties: (1) To prepare, conduct, and grade examinations of applicants for licenses. (2) To certify the results of examinations of applicants and certify the applicant as having …

54-1107. POWERS AND DUTIES OF DIVISION ADMINISTRATOR. The division administrator of the division of occupational and professional licenses shall have the following powers and duties under this act: (1) To determine and pass upon the qualifications of applicants for all licenses u…

54-1108. EXAMINATION OF APPLICANTS FOR LICENSE -- SUBJECTS -- CERTIFICATION OF RESULTS. The board of morticians shall have the sole power for determining the nature, type and extent of examinations to be taken by applicants for a license. Examinations for mortician applicants sha…

54-1109. REQUIREMENTS FOR MORTICIAN LICENSE -- REQUIREMENTS FOR FUNERAL DIRECTOR LICENSE -- LICENSE BY ENDORSEMENT. (1) To qualify for a mortician license or funeral director license within the state of Idaho, a person must be twenty-one (21) years of age or older. (2) The board …

54-1110. INACTIVE LICENSES. The board may issue inactive licenses to morticians and funeral directors pursuant to rules adopted by the board that may specify the terms, procedures and fees necessary to maintain an inactive license. The holder of an inactive license shall not enga…

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 or…

54-1112. REQUIREMENTS FOR RESIDENT TRAINEE LICENSE. The board shall issue to any person a resident trainee license to practice as a resident trainee and perform services at a particular establishment under the personal supervision of a specified licensed mortician within the stat…

54-1113. APPLICATION FOR LICENSE -- FORM AND CONTENTS -- CERTIFIED COPIES OF DOCUMENTS SHOWING QUALIFICATIONS. All applications for all licenses to be issued pursuant to the provisions of this chapter shall be filed with the board, together with the required filing fee, upon such…

54-1115. LICENSE FEES. Any fee required pursuant to this chapter, including fees for original licenses, examinations, renewals, and certificates, shall be set by board rule. All fees shall be paid to the division of occupational and professional licenses.

54-1115A. BIENNIAL RENEWAL -- REINSTATEMENT. All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. Lic…

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 holde…

54-1117. WRITTEN COMPLAINT -- PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE. Upon a written complaint filed with the board of morticians the board shall cause to be held a hearing to determine whether a license of any person issued under this chapter should be suspended or re…

54-1118. SENDING BODY TO AN ESTABLISHMENT WITHOUT INQUIRY PROHIBITED -- EXCEPTIONS -- ANATOMICAL GIFTS -- AUTHORITY REGARDING DISPOSITION. (1) It shall be unlawful for any public officer or employee, an official of any public institution, any physician or surgeon, or any other pe…

54-1119. AUTHORITY OF DEPARTMENT OF HEALTH AND WELFARE TO CONTROL HANDLING OF DEAD BODIES -- RULES AND REGULATIONS. The department of health and welfare shall have the jurisdiction to regulate, control and supervise the preservation, embalming, handling, transportation and burial…

54-1120. RECEIVING BODY FOR TRANSPORTATION OUTSIDE STATE WITHOUT PERMIT PROHIBITED -- CREMATION AND REMOVAL OF HUMAN REMAINS. It shall be unlawful for any public transportation agent of any public transportation facility to receive a dead human body for shipment or transportation…

54-1121. ACCOUNTING PROCEDURE -- INCOME AND EXPENSES. All income and expenses received or incurred under the provisions of this act shall be itemized, validated, and audited and allowed by the division administrator of the division of occupational and professional licenses.

54-1128. VIOLATIONS CONSTITUTING MISDEMEANORS -- EXCEPTIONS -- ENFORCEMENT. Any person who knowingly violates any provision of this chapter, or any licensee under this chapter who shall commit an act of unprofessional conduct as defined and designated under the provisions of subs…

54-1129. DECLARATION OF INTENT. It is the purpose of sections 54-1129 through 54-1138, Idaho Code, to provide for the certification of licensed funeral establishments selling or offering for sale prearrangement sales contracts, to provide for the creation and administration of pr…

54-1130. SCOPE AND EXCEPTIONS. (1) Sections 54-1129 through 54-1138, Idaho Code, apply to all establishments that sell or offer for sale prepaid funeral or cemetery merchandise or services. (2) Sections 54-1133, 54-1134 and 54-1135, Idaho Code, do not apply to: (a) Agreements to …

54-1131. DEFINITIONS. As used in sections 54-1132 through 54-1143, Idaho Code: (1) "Beneficiary" means the person who is to receive the funeral or cemetery merchandise or funeral or cemetery services. (2) "Certified seller" means any licensed funeral establishment that holds a ce…

54-1132. CERTIFICATE OF AUTHORITY -- REQUIREMENTS -- DISPLAY OF CERTIFICATE. (1) Effective July 1, 2021, no licensed funeral establishment may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without…

54-1133. FORM AND CONTENT OF CONTRACT -- PRICE DISCLOSURE. (1) Each contract shall be written in clear, understandable language and shall be printed or typed in an easy-to-read font, size, and style. (2) Each contract shall identify the seller, the certificate of authority number…

54-1134. PREARRANGEMENT TRUST FUND DEPOSITS. (1) Within ten (10) business days of receipt, funds received by the certified seller in payments of the prepaid contract shall be deposited in trust as follows: (a) Fifty percent (50%) of the amount received in payment for a marker, mo…

54-1135. CANCELLATION OF CONTRACT -- REFUND OF TRUST DEPOSITS. A. At any time prior to the death of the beneficiary under a revocable prearrangement sales contract trust, the purchaser may cancel the contract and be entitled to a refund of all payments made, plus accrued interest…

54-1136. SOLICITATION -- LIMITATIONS. (1) The right of a certified seller to lawfully advertise shall not be restrained, nor shall general advertising be prohibited. (2) Advertising and marketing of prearrangement sales contracts is permitted provided that: (a) The certified sell…

54-1137. SUBSTITUTIONS -- MERCHANDISE, SERVICES OR PROVIDER. (1) If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality o…

54-1138. ENFORCEMENT PENALTY -- DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS. (1) Sections 54-1129 through 54-1143, Idaho Code, shall be enforced by the Idaho state board of morticians or by the Idaho state board of cemeterians, depending upon whether the seller is a mortician/f…

54-1139. INSTRUCTIONS FOR DISPOSITION OF PERSON'S REMAINS. (1) A person may provide written instructions as part of a prearranged funeral plan for disposition of the person's remains by any lawful means. The person shall execute the prearranged funeral plan, containing the instru…

54-1140. PERSON'S DIRECTIONS TO BE FOLLOWED -- EXCEPTION. Unless a compelling public interest makes it impossible to comply with a person's direction as provided in section 54-1139, Idaho Code, the remains of a person must be disposed of as instructed in such instrument.

54-1141. SURVIVOR'S SERVICES. The provisions of sections 54-1140 and 54-1142, Idaho Code, shall not prevent the deceased person's survivors from, at their own expense, pursuing alternate meaningful services and making arrangements for funeral services that do not conflict with th…

54-1142. AUTHORITY IN ABSENCE OF OR UNCOVERED PROVISIONS IN A PREARRANGED FUNERAL PLAN. (1) If the decedent has not made a prearranged funeral plan as set forth in section 54-1139, Idaho Code, or to the extent any provisions relating to the disposition of the person's remains are…

54-1143. RIGHT TO RELY. (1) Any person signing a funeral service agreement or cremation authorization form or any other authorization for disposition, whether part of a prearranged funeral plan or at time of death, shall be deemed to warrant the truthfulness of any facts set fort…

54-1144. UNCLAIMED REMAINS OF VETERANS. (1) The division of veterans services may assume control over the cremated remains of a deceased person if: (a) The decedent's remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho C…