Title 54, PROFESSIONS, VOCATIONS, AND BUSINESSES

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 organ…

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 f…

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. Lice…

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 …

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 rev…

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 perso…

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 subsec…

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 f…

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 selle…

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 of…

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/fu…

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…

54-1201. Declaration of policy. To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, for any project physically located in this state, shall submit evidence of his quali…

54-1202. Definitions. As used in this chapter, unless the context or subject matter requires otherwise: (1) "Authoritative" means certified by a professional land surveyor in accordance with established principles of professional land surveying when used to describe products, pro…

54-1203. Idaho board of licensure of professional engineers and professional land surveyors. There is hereby established in the division of occupational and professional licenses the Idaho board of licensure of professional engineers and professional land surveyors. It shall cons…

54-1204. Qualification of members of board. Members of the board shall be citizens of the United States and residents of this state; and except for the public member, they shall have been engaged for at least twelve (12) years in the practice of engineering for the professional e…

54-1205. Compensation and expenses of board members. Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code, when attending to the work of the board or any of its committees and for the time spent in necessary travel; and, in addition thereto, …

54-1206. Removal of board members and filling vacancies. Board members shall serve at the pleasure of the governor. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 54-1203, Idaho Code.

54-1207. Board — Organization and meetings. The board shall hold at least one (1) regular meeting each year. The rules of the board may provide for additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The boa…

54-1208. Board — Powers. (1) The board shall have the power to adopt and amend administrative rules including, but not limited to, rules of professional responsibility, rules of continuing professional development not to exceed sixteen (16) hours annually for each profession for …

54-1209. RECEIPTS AND DISBURSEMENTS — occupational licenses fund. (1) The secretary of the board, or assistants thereto as may be designated by the board, shall receive and account for all moneys derived under the provisions of this chapter. All fees received by the board under t…

54-1210. Records and reports. (1) The board shall keep a record of its proceedings and a record of all applications for licensure or certification, which record shall show: the name, date of birth and last known address of each applicant; the date of the application; the place of…

54-1211. Roster. A complete roster showing the names and last known addresses of all professional engineers, all professional land surveyors, all business entities holding certificates of authorization as required under section 54-1235, Idaho Code, and all who possess current cer…

54-1212. General requirements for examination and license. Except as herein otherwise expressly provided, no license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, shall be issued until an applicant has su…

54-1213. Applications and fees. Applications for licensure as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, shall be on forms prescribed and furnished by the board. The application shall show the applicant’s…

54-1214. Examinations. (1) Examinations will be held at such times and places as the board directs. The board shall determine the acceptable grade on examinations. (2) Written professional examinations may be taken only after the applicant has met the other minimum requirements a…

54-1215. License — Seals — Intern certificates. (1) The board shall issue a license upon payment of the fee as provided for in this chapter to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this chapter for licensure as a profess…

54-1216. Expirations and renewals — Fees. (1) Each licensee or intern shall apply for renewal by the licensee’s birthday in even-numbered state of Idaho fiscal years for those born in even-numbered calendar years and in odd-numbered state of Idaho fiscal years for those born in o…

54-1218. Public workS. (1) It shall be unlawful for this state, or for any county, city, school district, irrigation district, drainage district, highway district, or other subdivision of the state having power to levy taxes or assessments against property situated therein, to en…