Title 58, Occupations and Professions

58-9-302. Qualifications for licensure. (1) Each applicant for licensure as a funeral service director shall: (a) submit an application in a form prescribed by the division; (b) pay a fee as determined by the department under Section 63J-1-504; (c) have obtained a high school dip…

58-9-303. Term of license -- Expiration -- Renewal. (1)(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. (b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger th…

58-9-304. Continuing education. (1) As a condition precedent for license renewal, each funeral service director shall, during each two-year licensure cycle or other cycle defined by rule, complete 20 hours of qualified continuing professional education in accordance with standard…

58-9-305. Exemptions from licensure. In addition to the exemptions from licensure in Section 58-1-307, a person may engage in the following acts included within the definition of the practice of funeral service, subject to the stated circumstances and limitations, without being l…

58-9-306. License by endorsement. The division may issue a license by endorsement under this chapter to a person who: (1) provides documentation that the funeral service director's current licensure is active, in good standing, and free from any disciplinary action; (2) submits a…

58-9-307. Supervision of funeral service intern. (1) A person seeking licensure as a funeral service intern shall submit as a part of the application for a license: (a) the name of the licensed funeral service director who has agreed to supervise all duties performed by the appli…

58-9-401. Grounds for denial of license -- Disciplinary proceedings. Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a p…

58-9-501. Unlawful conduct. "Unlawful conduct" includes: (1) doing any of the following to prepare a dead human body for disposition unless licensed as a funeral service director or a funeral service intern: (a) embalming; (b) calcinating; (c) pulverizing; (d) cremating; or (e) u…

58-9-502. Unprofessional conduct. (1) "Unprofessional conduct" includes: (a) the failure of a funeral service director to accurately document, report, and supervise the activities of a funeral service intern; (b) knowingly soliciting the sale of any funeral service or funeral mer…

58-9-503. Penalty for unlawful conduct. (1) A person who violates the unlawful conduct provisions defined in Subsections 58-9-501(1) through (4) is guilty of a class A misdemeanor. (2) A person who violates the unlawful conduct provision defined in Subsection 58-9-501(5) may be p…

58-9-504. Authority to promulgate rules. In addition to the authority granted under Section 58-1-106, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division in collaboration with the board shall establish by rule: (1) the minimum requirements fo…

58-9-505. Disclosure requirements. A licensee under this chapter shall disclose information in accordance with regulations of the Federal Trade Commission and rules adopted by the division pursuant to this chapter.

58-9-506. Inspection -- Right to access. A licensed funeral service establishment is subject to inspection during normal business hours to determine compliance with the laws of Utah by: (1) any authorized representative of the division; or (2) any authorized representative of a l…

58-9-601. Advance directions. (1) A person may provide written directions, acknowledged before a notary public or executed with the same formalities required of a will under Section 75-2-502, to direct the preparation, type, and place of the person's disposition, including: (a) d…

58-9-602. Determination of control of disposition. The right and duty to control the disposition of a deceased person, which may include cremation as well as the location, manner and conditions of the disposition, and arrangements for funeral goods and services to be provided, ve…

58-9-603. Loss of right of disposition. (1) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of affection, trust, and regard for the de…

58-9-604. Control by funeral service director. A funeral service director may control the disposition of the decedent and recover reasonable charges if: (1)(a) the funeral service director has actual knowledge that none of the persons described in Section 58-9-602 exist; or (b) a…

58-9-605. Disputes. (1) Notwithstanding Sections 58-9-601 through 58-9-604, the probate court for the county in which the decedent resided may: (a) award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of di…

58-9-606. Right to rely -- Immunity. (1) A person signing a funeral service agreement, cremation authorization form, alkaline hydrolysis authorization form, or other authorization for a decedent's disposition warrants the truthfulness of the facts set forth in the document, inclu…

58-9-607. Authorization to cremate -- Penalties for removal of items from human remains. (1) Except as otherwise provided in this section and Section 58-9-619, a funeral service establishment may not cremate human remains until it has received: (a) a cremation authorization form …

58-9-608. Recordkeeping. (1)(a) A funeral service establishment shall furnish to the person who delivers human remains to the establishment for cremation a receipt signed by a representative of the establishment and the person making the delivery, showing: (i) the date and time o…

58-9-609. Cremation containers. (1)(a) Except as provided in Subsection (2), a funeral service establishment may not make or enforce a rule requiring that human remains be: (i) placed in a casket before cremation; or (ii) cremated in a casket. (b) A funeral service establishment …

58-9-610. Cremation procedures. (1) A funeral service establishment may not cremate human remains until the funeral service establishment: (a) completes and files a death certificate with the office of vital statistics and the county health department as indicated on the regular …

58-9-611. Disposition of cremated remains. (1)(a) An authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the final disposition of the cremated remains, if known. (b) The funeral services establishment shall retai…

58-9-612. Limitation of liability. (1) An authorizing agent who signs a cremation authorization form warrants the truthfulness of the facts set forth on the form, including: (a) the identity of the deceased whose remains are to be cremated; and (b) the authorizing agent's authori…

58-9-613. Authorization for alkaline hydrolysis -- Penalties for removal of items from human remains. (1) Except as otherwise provided in this section, a funeral service establishment may not perform alkaline hydrolysis on human remains until the funeral service establishment has…

58-9-614. Recordkeeping. (1)(a) A funeral service establishment shall furnish to the person who delivers human remains to the establishment for alkaline hydrolysis a receipt signed by a representative of the establishment and the person making the delivery, showing: (i) the date …

58-9-615. Accepting remains for alkaline hydrolysis. (1) A funeral service establishment may not make or enforce a rule requiring that human remains be placed in a casket before alkaline hydrolysis. (2) A funeral service establishment may not refuse to accept human remains for al…

58-9-616. Procedure for alkaline hydrolysis. (1) A funeral service establishment may not perform alkaline hydrolysis on human remains until the funeral service establishment: (a) completes and files a death certificate with the Office of Vital Records and Statistics and the count…

58-9-617. Final disposition of remains from the alkaline hydrolysis process. (1)(a) An authorizing agent shall provide the person with whom alkaline hydrolysis arrangements are made with a signed statement specifying the final disposition of the remains from the alkaline hydrolys…

58-9-618. Limitation of liability. (1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants the truthfulness of the facts set forth on the form, including: (a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis process; …

58-9-619. Exception for disposition of fetal remains. (1) As used in this section, "fetal remains" means the same as that term is defined in Section 26B-8-101. (2) Notwithstanding any other provision in this part, a funeral service establishment: (a) is exempt from any requiremen…

58-9-701. Preneed contract requirements. (1)(a) A preneed funeral arrangement sold in Utah shall be evidenced by a written contract. (b) The funeral service establishment shall maintain a copy of the contract until five years after all of the establishment's obligations under the…

58-9-702. Payments to be held in trust -- Trustee qualifications. (1) All money representing payments for the purchase of a preneed funeral arrangement shall be deposited by the provider or sales agent receiving the payment: (a) within 10 business days after the day on which the …

58-9-703. Trust agreement. (1) Each trust established by a funeral service establishment shall be administered in accordance with a trust agreement conforming with: (a) the requirements of this chapter; (b) rules adopted with respect to this chapter; (c) the provisions of Title 7…

58-9-704. Interest earned on trust funds. Interest earned on trust funds shall be available for expenditure according to the following priority: (1) to pay the reasonable trustee expenses of administering the trust within a maximum amount established by rule; (2) to pay within a …

58-9-705. Distribution of funds. (1) Interest earned on trust funds shall be available to the provider according to the priority set forth in Section 58-9-704. (2) The amount of payments made into the corpus of the trust and any other amount which has been paid into the corpus of…

58-9-706. Trust funds and insurance reports. (1)(a) Each funeral service establishment shall maintain an annual report of preneed trust funds and insurance. (b) The report shall contain: (i) the name of the trustees with which the funeral service establishment has trust funds on …

58-9-707. Records of trustee -- Contents. (1) The trustee shall keep an orderly record of all agreements. (2) The record shall contain: (a) the name and address of the person making a payment; (b) the date and the amount of each payment made; (c) the date and amount of each withd…

58-9-708. Audits. (1)(a) The division may at any time: (i) audit records of the provider; and (ii) inspect records of the provider. (b) The provider or trustee shall make available to the division for examination, inspection, or auditing all records pertaining to the accounts rel…

58-11a-101. Title. This chapter is known as the "Cosmetology and Associated Professions Licensing Act."

58-11a-102. Definitions. As used in this chapter: (1) "Approved apprenticeship" means an apprenticeship that meets the requirements of Section 58-11a-306 for any applicable license or permit type and the requirements established by administrative rules made by the division in col…

58-11a-103. Education and enforcement fund. (1) There is created an expendable special revenue fund known as the "Cosmetology and Associated Professions Education and Enforcement Fund." (2) The fund consists of money from administrative penalties collected pursuant to this chapte…

58-11a-201. Board. (1) There is created the Cosmetology and Associated Professions Licensing Board consisting of the following members: (a)(i) one cosmetologist; or (ii) one cosmetologist instructor; (b)(i) one master esthetician; or (ii) one master esthetician instructor; (c)(i)…

58-11a-301. Licensure or permit required. (1) Subject to Subsection (2), a person must be licensed or permitted as required under this chapter to practice a discipline regulated by this chapter. (2) An individual is not required to be licensed or permitted if the individual: (a) …

58-11a-302. General qualifications for licensure and permitting. (1) An applicant for a license or permit under this chapter shall: (a)(i) submit an application in a form the division approves; and (ii) pay a fee the division determines in accordance with Section 63J-1-504; (b) p…