Kansas Administrative Code

(Authorized by K.S.A. 65-1712, 65- 1723; implementing K.S.A. 65-1702, 65-1716; effective, E-81-41, Dec. 17, 1980; modified, L. 1981, ch. 410, May 1, 1981; amended May 1, 1982; revoked May 1, 1988.)

(Authorized by K.S.A. 65-1723; im- plementing K.S.A. 65-1702, 65-1716; effective, E-81-41, Dec. 17, 1980; modified, L. 1981, ch. 410, May 1, 1981; amended May 1, 1982; amend- ed May 1, 1983; amended May 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 65-1712; im- plementing K.S.A. 65-1702; effective, E-81-41, Dec. 17, 1980; rejected, L. 1981, ch. 410, May 1, 1981.)

(Authorized by K.S.A. 74-7104; im- plementing K.S.A. 65-1701a, 74-1704; effective Jan. 1, 1966; amended May 1, 1976; amended May 1, 1982; revoked Nov. 13, 1995.)

(Authorized by and implementing K.S.A. 65-1702, 65-1716; effective, E-81-41, Dec. 17, 1980; modified, L. 1981, ch. 410, May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 65-1712, 65- 1723; implementing K.S.A. 65-1702, 65-1716; effective, E-81-41, Dec. 17, 1980; modified, L. 1981, ch. 410, May 1, 1981; amended May 1, 1982; revoked May 1, 1988.)

(Authorized by and implementing K.S.A. 65-1702, 65-1716; effective, E-81-41, Dec. 17, 1980; modified, L. 1981, ch. 410, May 1, 1981; amended May 1, 1982; amended May 1, 1987; re- voked May 1, 1988.) 765 Funeral Directing 63-2-10

Requirements for an embalm- er’s license by endorsement. (a) Each applicant who is currently licensed in another state and de- sires licensure as an embalmer by endorsement in Kansas shall provide the board with the following information: (1) Proof of licensure as an embalmer in …

Registration and apprenticeship. (a) In order to be granted an embalmer license, the following educational requirements shall be met: Each applicant shall enroll in an approved school of mortuary science offering at least an AA degree in mortuary science, while accumulating durin…

Examination. Only applicants who have met the requirements of K.S.A. 65-1701a, and amendments thereto, and K.A.R. 63-1-3 may take the embalmer’s examination approved by the board, which is the examination administered by the international conference of funeral service ex- amining…

Requirements for a reciprocal embalmer’s license. Each applicant who is currently licensed in another state and desires reciprocal licensure as an embalmer in Kansas shall obtain all necessary original documents re- quired for licensure under K.S.A. 65-1701b and amendments theret…

General requirements relating to the practice of embalming, cremation, and funeral directing. (a) Following the loss or de- struction of the license of any embalmer, funeral director, assistant funeral director, crematory op- erator, or establishment or branch establishment, a du…

(Authorized by and implementing K.S.A. 65-1711a; effective Jan. 1, 1966; amended Jan. 1, 1974; modified, L. 1978, ch. 465, May 1, 1978; amended May 1, 1987; revoked, T-88-43, Oct. 27, 1987; revoked May 1, 1988.)

(Authorized by and implementing K.S.A. 65-1711a, 74-1704; effective Jan. 1, 1966; amended May 1, 1978; amended May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 74-1704; effec- tive Jan. 1, 1966; revoked May 1, 1982.)

Embalming regulations adopt- ed. The following regulations of this board relating to the subject of embalming and any amendments thereto are adopted and incorpo- rated herein by reference, and made a part of the regulations of this board on the subject of fu- neral directing, so …

Requirements for a funeral di- rector’s license. (a) Before serving an appren- ticeship toward a funeral director’s license, each 766 BOARD OF MORTUARY ARTS 63-2-11 prospective funeral director apprentice shall sub- mit a transcript to the board showing that the pro- spective fun…

Requirements for a reciprocal funeral director’s license. Each applicant who is currently licensed in another state and desires reciprocal licensure as a funeral director in Kan- sas shall obtain all necessary original documents required for licensure under K.S.A. 65-1721 and ame…

Funeral director apprentice- ship. “Funeral director apprentice” means a li- censed assistant funeral director who is complet- ing practical experience in funeral directing under the supervision of a licensed funeral director. (a) Embalmer and funeral director apprentice- ships m…

Funeral director’s license exam- ination. (a) The funeral director’s license exam- ination shall consist of the following subjects: (1) mortuary law and business law; (2) sociology of funeral service; (3) psychology; (4) mortuary administration; (5) accounting; (6) Kansas and fed…

Funeral director’s biennial re- newals. (a) Each funeral director’s license shall be renewed on a biennial basis. (b) Expiration dates shall be established al- phabetically according to the first letter of each licensee’s surname, as follow: (1) A and M shall expire on January 31…

Assistant funeral directors bi- ennial renewals. (a) All assistant funeral direc- tors licenses shall be paid on a biennial basis. The board of mortuary arts shall prorate to the nearest whole month all renewal fees on a one time basis, in order to establish the biennial renewal …

(Authorized by K.S.A. 74-1704; effec- tive Jan. 1, 1966; amended May 1, 1976; revoked Nov. 13, 1995.)

Assistant funeral director’s li- cense examination. (a) The assistant funeral director’s license examination shall cover the fol- lowing subjects: (1) The Kansas laws pertaining to funeral di- recting; (2) the Kansas laws pertaining to preneed fu- neral agreements; and (3) the fe…

Responsibilities of funeral direc- tor. (a) A Kansas funeral director shall not have charge of more than one funeral establishment. (b) Any Kansas licensed funeral director owning or having an interest in more than one Kansas fu- neral establishment shall employ at all times, for…

(Authorized by K.S.A. 74-1704; effec- tive Jan. 1, 1966; revoked May 1, 1982.)

General rule relating to the prac- tice of funeral directing. (a) Only persons li- censed under the laws of the state of Kansas as funeral directors or assistant funeral directors shall be employed as funeral directors or assistant funeral directors or hold themselves out to the …

(Authorized by K.S.A. 74-1704; im- plementing K.S.A. 65-1722; effective Jan. 1, 1966; amended May 1, 1978; amended May 1, 1987; revoked, T-88-43, Oct. 27, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 74-1704; effec- tive Jan. 1, 1966; revoked May 1, 1979.)

Death from infectious or conta- gious diseases. (a) Each embalmer and funeral director shall, at all times, undertake and be re- sponsible for appropriate precautionary measures to prevent the spread of infectious or contagious diseases from deceased human bodies to employ- ees o…

Preparation and transportation of dead human bodies. A dead human body shall not be transported by private conveyance or common carrier until the following conditions are met. (a) Any unembalmed body released by the family or proper authority, other than a body dead with an infec…

Mangled, burned, and decom- posed bodies. Any body which is so badly man- gled, burned, decomposed or partially decom- posed that it cannot be prepared pursuant to K.A.R. 63-3-11 shall not be transported from a licensed funeral establishment until it is first thor- oughly disinfe…

Disinterment. Disinterred re- mains transported by common carrier or by pri- vate conveyance shall be subject to K.A.R. 63- 3-11 and K.A.R. 63-3-15. (Authorized by and implementing K.S.A. 65-1703, as amended by 1995 HB 2163, and 65-1712; effective Jan. 1, 1969; amended May 1, 197…

(Authorized by K.S.A. 74-1704; ef- fective Jan. 1, 1969; revoked Nov. 13, 1995.)

Dead bodies in transit. (a) Each dead human body entering the state of Kansas via any common carrier or private conveyance shall be transported in compliance with the embalming and transportation rules of the state from which the body was shipped including a removal permit if req…

Burial in mausoleum. Each dead human body shall be embalmed in accordance with K.A.R. 63-3-11 before it may be placed in a mausoleum. (Authorized by and implementing K.S.A. 65-1712; effective Jan. 1, 1969; amended May 1, 1978; amended Nov. 13, 1995.)

Services and merchandise pric- ing. (a) Each funeral service casket in the casket selection room shall have a card or brochure that sets forth the price of the service using that casket and lists the services and any other merchandise included in the price. If there are separate …

Requirements for the funeral establishment and branch establishment. (a) Necessaryequipment.Everyfuneralestablishment andbranchestablishmentshallpossessandkeepon the premises any equipment that the board deems necessary for the conduct of business and the pro- tection of the publ…

Establishment and branch es- tablishment licenses; biennial renewals. (a) Each establishment and branch establishment li- cense shall be renewed on a biennial basis. (b) Each establishment and branch establish- ment license shall be renewed before its expi- ration date according …

Reporting of prefinanced fu- neral agreements. (a) Each funeral director in charge of a funeral establishment or branch estab- lishment licensed in the state of Kansas shall re- port to the state board of mortuary arts, on forms provided by the board, the following informa- tion …

General requirements relating to prefinanced funeral agreements. (a) Each funeral director shall transfer all funds obtained by any prefinanced funeral agreement funded by one or more insurance policies, upon request by thepurchaser,tothefuneraldirectorthatprovides the services o…

Inspections of funeral establish- ments and branch establishments. (a) Each fu- neral establishment and branch establishment shall be subject to routine inspections at least once ev- ery year by the board or its designee, to determine compliance with the “regulation of embalmers …

Inspection generated by a com- plaint. (a) Each funeral establishment or branch establishment shall be subject to inspection by the board or its designee, to investigate any specific complaint filed with the board. (b) Any inspection generated by a complaint may be authorized by …

Embalming fluids and com- pounds. Fluids or compounds which contain ar- senic, lead, mercury, zinc, silver, antimony, chlo- ral, or any poisonous alkaloid shall not be used in the embalming of a dead human body. (Au- thorized by and implementing K.S.A. 65-1712; effective Jan. 1, …

Payment of fees. The following shall be charged by the Kansas state board of mor- tuary arts: 773 Administrative Hearings and Disciplinary Action 63-5-3 Embalmer’s reciprocity application fee..........$350.00 Embalmer’s reciprocity application and funeral director’s reciprocity a…

Definition of unprofessional or dishonorable conduct. “Unprofessional or dis- honorable conduct” by a licensee shall include any of the following: (a) Misrepresentation or fraud in the conduct of the licensee’s business; (b) refusing or neglecting to promptly obtain, complete, an…

(Authorized by and implementing K.S.A. 65-1711a, 74-1704; effective May 1, 1988; revoked Nov. 13, 1995.)

Potentially disqualifying civil and criminal records; advisory opinion; fee. (a) For purposes of this regulation, “conviction” shall mean a judgment or order of guilt by a court of competentjurisdictioninanystate,orasubdivision thereof, or territory of the United States, by a cou…

Continuing education require- ments. (a) Except as provided in subsection (d), each licensed embalmer or funeral director in this state shall submit with the license renewal application satisfactory proof of completion of a minimum of six clock-hours per year of continu- ing educ…

Standards for approval. (a) A con- tinuing education course or workshop shall be qualified for approval if the board determines that the course or workshop meets the following conditions: (1)Constitutesanorganizedprogramoflearning, including a symposium, that contributes directly…