Title 18 — Title 18 BUSINESSES AND PROFESSIONS
113 chapters · 2,288 sections in this title.
RCW 18.39.010 Definitions.
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The definitions in this section and in chapter 68.04 RCW apply throughout this chapter unless the context clearly requires otherwise.(1) "Board" means the funeral and cemetery board created pursuant to RCW 18.39.173.(2) "Director" means the director of licensing.(3) "Embalmer" me…
RCW 18.39.020 License required.
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(1) It is unlawful for any person to act or hold himself or herself out as a funeral director or embalmer or discharge any of the duties of a funeral director or embalmer as defined in this chapter unless the person has a valid license under this chapter. It is unlawful for any p…
RCW 18.39.035 Applicant for license as funeral director or embalmer—Eligibility.
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(1) An applicant for a license as a funeral director shall be at least eighteen years of age and must have obtained an associate of arts degree in mortuary science or completed a course of not less than two years in an accredited college, and a one-year course of training under a…
RCW 18.39.045 College course requirements.
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(1) The two-year college course required for funeral directors under this chapter shall consist of sixty semester or ninety quarter hours of instruction at a school, college, or university accredited by the Northwest Association of Schools and Colleges or other accrediting associ…
RCW 18.39.050 Application—Renewal—Fees.
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Every application for an initial license or a license renewal under this chapter shall be made in writing on a form prescribed by the director with such information as the director requires. The director shall set license fees in accordance with RCW 43.24.086.[ 1985 c 7 s 37; 198…
RCW 18.39.070 Examinations.
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(1) License examinations shall be held by the director at least once each year at a time and place to be designated by the director. Application to take an examination shall be filed with the director at least fifteen days prior to the examination date. The department shall give …
RCW 18.39.100 License—Form—Restrictions.
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Every license issued shall specify the name of the person to whom it is issued and shall be displayed in his or her place of business in an area accessible to the public. No license shall be assigned, and not more than one person shall carry on the profession or business of funer…
RCW 18.39.120 Interns—Registration—Renewal—Notice of termination—Fees.
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Every person engaged in the business of funeral directing or embalming, who employs an intern to assist in the conduct of the business, shall register the name of each intern with the director at the beginning of the internship, and shall also forward notice of the termination of…
RCW 18.39.125 Academic interns.
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(1) An "academic intern" includes any student enrolled in an accredited college funeral service education program who is serving his or her three-month internship at a participating Washington state funeral establishment as required for graduation from the funeral service educati…
RCW 18.39.130 Licenses—Applicants from other states—Examination.
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The board may recognize licenses issued to funeral directors or embalmers from other states and extend reciprocity to an applicant if the applicant furnishes satisfactory evidence that the applicant holds a valid license issued by another licensing authority recognized by the boa…
RCW 18.39.145 Funeral establishment license—Issuance—Requirements—Transferability—Expiration.
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The board shall issue a funeral establishment license to any person, partnership, association, corporation, or other organization to operate a funeral establishment, at a specific location only, which has met the following requirements:(1) The applicant has designated the name un…
RCW 18.39.150 License lapse—Reinstatement—Fee—Reexamination.
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Any licensed funeral director or embalmer whose license has lapsed shall reapply for a license and pay a fee as determined under RCW 43.24.086 before the license may be issued. Applications under this section shall be made within one year after the expiration of the previous lice…
RCW 18.39.170 Inspector of funeral establishments, crematories, alkaline hydrolysis, natural organic reduction facilities, directors, and embalmers—Appointment—Eligibility—Term—Powers and duties.
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The director must appoint an agent whose title is "inspector of funeral establishments, crematories, alkaline hydrolysis, and natural organic reduction facilities, funeral directors, and embalmers of the state of Washington." A person is not eligible for such appointment unless h…
RCW 18.39.173 Funeral and cemetery board—Membership—Appointment—Qualifications—Terms—Vacancies—Officers—Quorum.
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(1) A funeral and cemetery board is created. The initial appointments to the board include all members from the existing funeral directors and embalmers board and existing cemetery board with their year of expiration of term remaining the same. Subsequent to the initial appointme…
RCW 18.39.175 Board—Duties and responsibilities—Rules.
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The board shall have the following duties and responsibilities under this chapter:(1) To be responsible for the preparation, conducting, and grading of examinations of applicants for funeral director and embalmer licenses;(2) To certify to the director the results of examinations…
RCW 18.39.181 Powers and duties of director.
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The director shall have the following powers and duties:(1) To issue all licenses provided for under this chapter;(2) To renew licenses under this chapter;(3) To collect all fees prescribed and required under this chapter;(4) To immediately suspend the license of a person who has…
RCW 18.39.195 Pricing information to be given—Billing "cash advanced" items.
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(1) Every licensed funeral director, his or her agent, or his or her employee shall give, or cause to be given, to the person making funeral arrangements or arranging for shipment, transportation, or other disposition of a deceased person:(a) If requested by voice, data, text, el…
RCW 18.39.215 Embalmers—Authorization to embalm—Information required—Immediate care of body—Waiver—Penalty.
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(1)(a) No licensed embalmer shall embalm human remains without first having obtained authorization from the individual or individuals that have the right to control the disposition under RCW 68.50.160.(b) The funeral director or embalmer shall inform the family member or represen…
RCW 18.39.217 License or endorsement required for cremation, alkaline hydrolysis, and natural organic reduction—Penalty.
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(1) A license or endorsement issued under this chapter or chapter 68.05 RCW is required in order to operate a crematory, alkaline hydrolysis, or natural organic reduction facility or conduct a cremation, alkaline hydrolysis, or natural organic reduction.(2) Conducting a final dis…
RCW 18.39.220 Unlawful business practices—Penalty.
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(1) Every licensee who pays, or causes to be paid, directly or indirectly, money, or other valuable consideration, for the securing of business is guilty of a gross misdemeanor.(2) Every person who sells, or offers for sale, any share, certificate, or interest in the business of …
RCW 18.39.231 Prohibited advice and transactions—Exceptions—Rules—Penalty.
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(1) A licensee shall not, in conjunction with any professional services performed for compensation under this chapter, provide financial or investment advice to any person other than a family member, represent any person in a real estate transaction, or act as an agent under a po…
RCW 18.39.240 Prearrangement funeral service contracts—License required.
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Only a funeral establishment licensed pursuant to this chapter may enter into prearrangement funeral service contracts.[ 1989 c 390 s 2; 1982 c 66 s 2.]Notes:Effective dates—1982 c 66: "This act shall take effect on September 1, 1982, with the exception of sections 20, 21, and 22…
RCW 18.39.250 Prearrangement contracts—Trusts—Refunds.
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(1) Any funeral establishment selling funeral merchandise or services by prearrangement funeral service contract and accepting moneys therefore must establish and maintain one or more prearrangement funeral service trusts under Washington state law with two or more designated tru…
RCW 18.39.255 Prearrangement contracts—Insurance funded—Requirements.
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Prearranged funeral service contracts funded through insurance shall contain language which:(1) States the amount of insurance;(2) Informs the purchaser of the name and address of the insurance company through which the insurance will be provided and the name of the beneficiary; …
RCW 18.39.260 Prearrangement contracts—Certificates of registration required—Exception.
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A funeral establishment shall not enter into prearrangement funeral service contracts in this state unless the funeral establishment has obtained a certificate of registration issued by the board and such certificate is then in force.Certificates of registration shall be maintain…
RCW 18.39.270 Prearrangement contracts—Registration qualifications.
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To qualify for and hold a certificate of registration, a funeral establishment must:(1) Be licensed pursuant to this chapter; and(2) Fully comply with and qualify according to the provisions of this chapter.[ 1982 c 66 s 5.]Notes:Effective dates—Transfer of records, files, and pe…
RCW 18.39.280 Prearrangement contracts—Application for registration.
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To apply for an original certificate of registration, a funeral establishment must:(1) File with the board its request showing:(a) Its name, location, and organization date;(b) The kinds of funeral business it proposes to transact;(c) A statement of its financial condition, manag…
RCW 18.39.290 Prearrangement contracts—Registration—Renewal—Fees—Disposition.
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All certificates of registration issued pursuant to this chapter shall continue in force until the expiration date unless suspended or revoked. A certificate shall be subject to renewal annually ninety days after the end of its fiscal year, as stated on the original application, …
RCW 18.39.300 Grounds for disciplinary action.
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In addition to the grounds for action set forth in RCW 18.235.130, the board may take the disciplinary action set forth in RCW 18.235.110 against the funeral establishment's license, the license of any funeral director and/or the funeral establishment's certificate of registratio…
RCW 18.39.320 Prearrangement contracts—Annual financial statement—Failure to file.
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(1) Each funeral establishment which has prearrangement funeral service contracts outstanding shall annually, as required by the board, file with the board a true and accurate statement of its financial condition and transactions and affairs involving prearrangement funeral servi…
RCW 18.39.330 Prearrangement contract forms—Approval required—Grounds for disapproval.
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No prearrangement funeral contract forms shall be used without the prior approval of the board.The board shall disapprove any such contract form, or withdraw prior approval, when such form:(1) Violates or does not comply with this chapter;(2) Contains or incorporates by reference…
RCW 18.39.345 Prearrangement trust—Examination by board.
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(1) The board shall examine a prearrangement funeral service trust whenever it deems it necessary, but at least once every three years, or whenever the licensee fails after reasonable notice from the board to file the reports required by this chapter or the board.(2) The expense …
RCW 18.39.350 Violations—Penalty—Consumer protection—Retail installment contracts.
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Any person who violates or fails to comply with, or aids or abets any person in the violation of, or failure to comply with any of the provisions of this chapter is guilty of a class C felony pursuant to chapter 9A.20 RCW. Any such violation constitutes an unfair practice under c…
RCW 18.39.360 Fraternal or benevolent organizations and labor unions excepted.
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This chapter does not apply to any funeral right or benefit issued or granted as an incident to or by reason of membership in any fraternal or benevolent association or cooperative or society, or labor union not organized for profit.[ 1989 c 390 s 12; 1982 c 66 s 14.]Notes:Effect…
RCW 18.39.370 Prearrangement funeral service contracts—Abandoned trusts.
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Any trust created under this chapter that has not matured or has not been refunded as provided in RCW 18.39.250 and for which no beneficiary of the prearrangement funeral service contract can be located within the time specified by RCW 63.30.115 must be transferred to the state a…
RCW 18.39.410 Unprofessional conduct.
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In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action and may impose any of the sanctions specified in RCW 18.235.110 for the following conduct, acts, or conditions, except as provided in RCW 9.97.020:(1) Solicitation of hum…
RCW 18.39.420 Complaint to board—Submittal—Determination—Investigation—Immunity of complainant.
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A person, including but not limited to a consumer, licensee, corporation, organization, and state and local governmental agency, may submit a written complaint to the board charging a license, registration, endorsement, or permit holder or applicant with unprofessional conduct an…
RCW 18.39.450 Findings of fact—Order—Notice—Report.
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(1) In the event of a finding of unprofessional conduct, the board shall prepare and serve findings of fact and an order as provided in chapter 34.05 RCW and the board shall notify the public, which notice must include press releases to appropriate local news media and the major …
RCW 18.39.467 License suspension—Noncompliance with support order—Reissuance.
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In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a *residential or visitation order under chapter 26.09 RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license…
RCW 18.39.525 Certificates of removal registration.
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(1) The director shall issue a certificate of removal registration to a funeral establishment licensed in another state contiguous to Washington, with laws substantially similar to the provisions of this section, for the limited purpose of removing human remains from Washington p…
RCW 18.39.530 Practice without license—Penalties.
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Unlicensed practice of a profession or operation of a business for which a license, registration, endorsement, or permit is required under this chapter, unless otherwise exempted by law, is a gross misdemeanor. Fees, fines, forfeitures, and penalties collected or assessed by a co…
RCW 18.39.560 Uniform regulation of business and professions act.
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The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.[ 2002 c 86 s 223.]Notes:Effective dates—2002 c 86: See note following RCW 18.08.340.Pa…
RCW 18.39.570 Military training or experience.
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An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the board determines that the military training or experience is not substantially equivalent to the standards of this state.[ 2011 c 351 s 4.]
RCW 18.39.810 Funeral and cemetery account.
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The funeral and cemetery account is created in the custody of the state treasurer. All receipts from fines and fees collected under this chapter and chapter 68.05 RCW must be deposited in the account. Expenditures from the account may be used only to carry out the duties required…