Reference Title: funeral board; omnibus

AN ACT
REPEALING TITLE 32, CHAPTER 12, ARTICLES 1, 2, 3, 3.1 AND 4, ARIZONA REVISED STATUTES; AMENDING TITLE 32, CHAPTER 12, ARIZONA REVISED STATUTES, BY ADDING NEW ARTICLES 1, 2, 3, 3.1 AND 4; REPEALING SECTION 32-1391, ARIZONA REVISED STATUTES; AMENDING SECTION 32-1391.01, ARIZONA REVISED STATUTES; RENUMBERING SECTIONS 32-1391.02 THROUGH 32-1391.17, ARIZONA REVISED STATUTES, AS SECTIONS 32-1391.03 THROUGH 32-1391.18, RESPECTIVELY; AMENDING TITLE 32, CHAPTER 12, ARTICLE 5, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 32-1391.02; AMENDING SECTIONS 32-1391.03, 32-1391.04, 32-1391.05, 32-1391.06, 32-1391.07, 32-1391.08, 32-1391.09, 32-1391.10, 32-1391.11, 32-1391.12, 32-1391.13, 32-1391.14, 32-1391.15, 32-1391.16 AND 32-1391.17, ARIZONA REVISED STATUTES, AS RENUMBERED BY THIS ACT; REPEALING SECTION 32-1392, ARIZONA REVISED STATUTES; RENUMBERING SECTION 32-1393, ARIZONA REVISED STATUTES, AS SECTION 32-1399; AMENDING TITLE 32, CHAPTER 12, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 32-1393; AMENDING TITLE 32, CHAPTER 12, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 32-1394, 32-1395, 32-1396, 32-1396.01, 32-1397, 32-1397.01, 32-1397.02, 32-1398 AND 32-1398.01; AMENDING SECTION 32-1399, ARIZONA REVISED STATUTES, AS RENUMBERED BY THIS ACT; AMENDING SECTIONS 32-2194.03, 32-2194.04, 36-848 AND 36-851, ARIZONA REVISED STATUTES; REPEALING TITLE 36, CHAPTER 7, ARTICLE 4, ARIZONA REVISED STATUTES; AMENDING TITLE 44, CHAPTER 11, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 18; RELATING TO THE STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

Title 32, chapter 12, articles 1, 2, 3, 3.1 and 4, Arizona Revised Statutes, are repealed.

Sec. 2. Title 32, chapter 12, Arizona Revised Statutes, is amended by adding new articles 1, 2, 3, 3.1 and 4, to read:

Article 1. Board of Funeral Directors and Embalmers

32-1301. Definitions

IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "ACCREDITED" MEANS RECOGNIZED OR AUTHORIZED BY THE AMERICAN BOARD OF FUNERAL SERVICE EDUCATION.

2. "ADMINISTRATIVE COSTS AND EXPENSES" MEANS THE COST OF COPIES, TRANSCRIPTS, COURT REPORTER AND WITNESS FEES, REIMBURSEMENT FOR MILEAGE AND OFFICE OF ADMINISTRATIVE HEARING COSTS.

3. "ALTERNATIVE CONTAINER" MEANS ANY UNFINISHED WOOD BOX OR OTHER NONMETAL RECEPTACLE OR ENCLOSURE, WITHOUT ORNAMENTATION OR A FIXED INTERIOR LINING, THAT IS DESIGNED FOR THE ENCASEMENT OF HUMAN REMAINS.

4. "APPRENTICE EMBALMER" MEANS A PERSON WHO IS REGISTERED PURSUANT TO THIS CHAPTER AND WHO IS ENGAGED IN EMBALMING UNDER THE SUPERVISION OF A LICENSED EMBALMER.

5. "AUTHORIZING AGENT" MEANS A PERSON WHO IS LEGALLY ENTITLED TO ORDER THE CREMATION, DISINTERMENT OR EMBALMING OF HUMAN REMAINS.

6. "BENEFICIARY" MEANS A PERSON WHOSE FUTURE FUNERAL ARRANGEMENTS WILL BE HANDLED BY A FUNERAL ESTABLISHMENT PURSUANT TO A PREARRANGED FUNERAL AGREEMENT.

7. "BOARD" MEANS THE STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS.

8. "BUSINESS ENTITY" INCLUDES ANY CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, PROFESSIONAL CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, SOLE PROPRIETORSHIP, BUSINESS TRUST, TRUST, JOINT VENTURE AND OTHER BUSINESS ENTITY.

9. "CASKET" MEANS A RIGID CONTAINER THAT IS DESIGNED FOR THE PERMANENT ENCASEMENT OF HUMAN REMAINS AND THAT IS USUALLY CONSTRUCTED OF WOOD, METAL OR MAN-MADE SUBSTANCES AND ORNAMENTED AND LINED WITH FABRIC.

10. "CHANGE OF OWNERSHIP" MEANS A TRANSFER OF A CONTROLLING LEGAL OR EQUITABLE INTEREST IN A LICENSED FUNERAL ESTABLISHMENT OR CREMATORY RESULTING FROM A SALE OR MERGER. IF THE ESTABLISHMENT OR CREMATORY IS OPERATED BY A BUSINESS ENTITY, ANY TRANSFER OF THE OWNERSHIP OF TEN PER CENT OR MORE OF THE ENTITY CONSTITUTES A CHANGE OF OWNERSHIP.

11. "CONVICTION" MEANS A CRIMINAL ADJUDICATION BY ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION, INCLUDING A JUDGMENT BASED ON A NO CONTEST PLEA, WITHOUT REGARD TO WHETHER CIVIL RIGHTS HAVE BEEN RESTORED.

12. "CREMATED REMAINS" MEANS THE REMAINING BONE FRAGMENTS AFTER CREMATION.

13. "CREMATION" MEANS THE HEATING PROCESS THAT REDUCES HUMAN REMAINS TO BONE FRAGMENTS BY COMBUSTION AND EVAPORATION.

14. "CREMATION CONTAINER" MEANS A LEAK AND SPILL RESISTANT, RIGID, COMBUSTIBLE, CLOSED RECEPTACLE INTO WHICH HUMAN REMAINS ARE PLACED BEFORE CREMATION.

15. "CREMATIONIST" MEANS A PERSON WHO IS ENGAGED IN CREMATION.

16. "CREMATORY" MEANS A BUILDING OR PORTION OF A BUILDING THAT IS LICENSED PURSUANT TO ARTICLE 6 OF THIS CHAPTER THAT HOUSES A RETORT IN WHICH ONLY HUMAN REMAINS ARE CREMATED.

17. "DISCIPLINARY ACTION" MEANS ACTION TAKEN BY THE BOARD TO REVOKE OR SUSPEND A LICENSE OR REGISTRATION, TO IMPOSE PROBATIONARY REQUIREMENTS OR CIVIL PENALTIES OR TO ISSUE A LETTER OF CENSURE OR REPRIMAND TO ANY PERSON WHO IS SUBJECT TO THIS CHAPTER AND WHO VIOLATES ANY PROVISION OF THIS CHAPTER OR RULES ADOPTED BY THE BOARD.

18. "EMBALMER" MEANS A PERSON WHO IS LICENSED PURSUANT TO THIS CHAPTER AND WHO IS ENGAGED IN EMBALMING.

19. "EMBALMER'S ASSISTANT" MEANS A PERSON WHO IS REGISTERED PURSUANT TO THIS CHAPTER AND WHO IS ENGAGED IN EMBALMING WITHOUT THE SUPERVISION OF A LICENSED EMBALMER.

20. "EMBALMING" MEANS THE IMPLEMENTATION OF RECONSTRUCTIVE PROCEDURES OR THE PROCESS OF DISINFECTING AND PRESERVING A DEAD HUMAN BODY TO RETARD ORGANIC DECOMPOSITION BY TREATING THE BODY TO REDUCE THE PRESENCE AND GROWTH OF ORGANISMS.

21. "FINANCIAL INSTITUTION" MEANS A BANK, SAVINGS AND LOAN ASSOCIATION, TRUST COMPANY OR CREDIT UNION THAT IS LAWFULLY DOING BUSINESS IN THIS STATE AND THAT IS NOT AFFILIATED WITH A FUNERAL ESTABLISHMENT.

22. "FIXED PRICE PREARRANGED FUNERAL AGREEMENT FUNDED BY TRUST" MEANS ANY AGREEMENT OR COMBINATION OF AGREEMENTS THAT ESTABLISHES A FIXED PRICE FOR FUNERAL GOODS AND SERVICES, THAT REQUIRES A FUNERAL ESTABLISHMENT TO PROVIDE THOSE FUNERAL GOODS AND SERVICES AT THE PRICE LEVELS IN EFFECT AT THE TIME OF THE EXECUTION OF THE AGREEMENT AND THAT REQUIRES THE PURCHASER TO CONVEY ALL OR A PORTION OF THE ACCRUED INTEREST TO THE FUNERAL ESTABLISHMENT AT THE TIME THAT THE FUNERAL GOODS AND SERVICES ARE ACTUALLY PROVIDED.

23. "FUNDED BY INSURANCE" MEANS THAT MONIES FOR A PREARRANGED FUNERAL AGREEMENT ARE PAID DIRECTLY TO AN INSURANCE COMPANY LICENSED PURSUANT TO TITLE 20 ON BEHALF OF THE BENEFICIARY OF THE AGREEMENT.

24. "FUNERAL DIRECTING" MEANS ARRANGING, DIRECTING OR PROVIDING A SERVICE IN THE DISPOSITION OF DEAD HUMAN BODIES FOR COMPENSATION.

25. "FUNERAL DIRECTOR" MEANS A PERSON WHO IS LICENSED PURSUANT TO THIS CHAPTER AND WHO IS ENGAGED IN FUNERAL DIRECTING.

26. "FUNERAL ESTABLISHMENT" MEANS A BUSINESS AT A SPECIFIC LOCATION THAT IS LICENSED PURSUANT TO THIS CHAPTER AND THAT IS DEVOTED TO THE CARE, STORAGE OR PREPARATION FOR FINAL DISPOSITION OR TRANSPORTATION OF DEAD HUMAN BODIES.

27. "FUNERAL GOODS AND SERVICES" MEANS ANY PERSONAL PROPERTY OR SERVICES TYPICALLY SOLD OR PROVIDED IN CONNECTION WITH THE FINAL DISPOSITION OF HUMAN REMAINS, INCLUDING CASKETS, ALTERNATIVE CONTAINERS, OUTER BURIAL CONTAINERS, CREMATION CONTAINERS, TRANSPORTATION CONTAINERS, FUNERAL CLOTHING OR ACCESSORIES, MONUMENTS, GRAVE MARKERS, URNS, EMBALMING SERVICES, FUNERAL DIRECTING SERVICES AND SIMILAR FUNERAL OR BURIAL ITEMS. FUNERAL GOODS AND SERVICES DOES NOT INCLUDE GOODS AND SERVICES SOLD BY CEMETERIES.

28. "GOOD MORAL CHARACTER" MEANS THAT A PERSON:

( a ) HAS NOT BEEN CONVICTED OF A CLASS 1 OR 2 FELONY BY A COURT OF COMPETENT JURISDICTION.

( b ) HAS NOT, WITHIN FIVE YEARS OF APPLICATION FOR LICENSURE OR REGISTRATION, BEEN CONVICTED OF A FELONY OR MISDEMEANOR IF THE OFFENSE HAS A REASONABLE RELATIONSHIP TO THE PERSON'S PROPOSED AREA OF LICENSURE OR REGISTRATION.

( c ) HAS NOT, WITHIN FIVE YEARS OF APPLICATION FOR LICENSURE OR REGISTRATION, COMMITTED ANY ACT INVOLVING DISHONESTY, FRAUD, MISREPRESENTATION, BREACH OF FIDUCIARY DUTY, GROSS NEGLIGENCE OR INCOMPETENCE IF THE ACT HAS A REASONABLE RELATIONSHIP TO THE PERSON'S PROPOSED AREA OF LICENSURE OR REGISTRATION.

( d ) IS NOT CURRENTLY INCARCERATED IN OR ON COMMUNITY SUPERVISION AFTER A PERIOD OF IMPRISONMENT IN A LOCAL, STATE OR FEDERAL PENAL INSTITUTION OR ON CRIMINAL PROBATION.

( e ) HAS NOT ENGAGED IN FRAUD OR MISREPRESENTATION IN CONNECTION WITH AN APPLICATION FOR LICENSURE OR REGISTRATION UNDER THIS CHAPTER OR AN EXAMINATION REQUIRED FOR LICENSURE OR REGISTRATION.

( f ) HAS NOT, WITHIN FIVE YEARS OF APPLICATION FOR LICENSURE OR REGISTRATION, HAD A LICENSE, REGISTRATION OR ENDORSEMENT REVOKED OR SUSPENDED BY THE BOARD OR BY THE FUNERAL SERVICES LICENSING AUTHORITY OF ANY OTHER JURISDICTION.

( g ) HAS NOT SURRENDERED A LICENSE, REGISTRATION OR ENDORSEMENT TO THE BOARD OR THE FUNERAL LICENSING AUTHORITY OF ANY OTHER JURISDICTION IN LIEU OF DISCIPLINARY ACTION.

( h ) HAS NOT PRACTICED FUNERAL DIRECTING OR EMBALMING WITHOUT A LICENSE IN THIS STATE OR ANY OTHER JURISDICTION THAT REQUIRES LICENSURE TO PERFORM THESE ACTIVITIES.

29. "HOLDING FACILITY" MEANS A DESIGNATED AREA FOR THE RETENTION OF HUMAN REMAINS.

30. "HUMAN REMAINS" MEANS A DEAD HUMAN BODY.

31. "INTERN" MEANS A PERSON WHO IS LICENSED PURSUANT TO THIS CHAPTER AND WHO IS ENGAGED IN EMBALMING UNDER THE SUPERVISION OF A LICENSED EMBALMER.

32. "LICENSE" MEANS A WRITTEN AUTHORIZATION THAT IS ISSUED BY THE BOARD AND THAT ENTITLES A PERSON TO ACT AS A FUNERAL DIRECTOR, EMBALMER OR INTERN OR TO OPERATE A FUNERAL ESTABLISHMENT OR CREMATORY IN THIS STATE.

33. "LICENSEE" MEANS A PERSON TO WHOM THE BOARD HAS ISSUED A LICENSE TO ACT AS A FUNERAL DIRECTOR, EMBALMER OR INTERN OR TO OPERATE A FUNERAL ESTABLISHMENT OR CREMATORY IN THIS STATE.

34. "MANAGE" MEANS:

( a ) FOR A RESPONSIBLE FUNERAL DIRECTOR TO EXERCISE CONTROL AND OVERSIGHT OVER ALL EMPLOYEES OF A FUNERAL ESTABLISHMENT AND OVER FUNERAL TRANSACTIONS, INCLUDING THE CARE OF DEAD HUMAN BODIES, FUNERAL SERVICES AND ACTIVITIES AND THE DOCUMENTATION AND RETENTION OF RECORDS.

( b ) FOR A RESPONSIBLE CREMATIONIST TO EXERCISE CONTROL AND OVERSIGHT OVER ALL EMPLOYEES OF A CREMATORY AND CREMATORY OPERATIONS.

35. "NATIONAL BOARD EXAMINATION" MEANS THE TEST OR TESTS GIVEN BY THE CONFERENCE OF FUNERAL SERVICE EXAMINING BOARDS TO DETERMINE THE ENTRY LEVEL KNOWLEDGE AND SKILLS OF A PERSON REGARDING FUNERAL DIRECTING AND EMBALMING.

36. "NET INTEREST" MEANS INTEREST EARNED ON A PREARRANGED FUNERAL TRUST ACCOUNT LESS APPLICABLE TAXES, REASONABLE AND NECESSARY CHARGES MADE BY THE FINANCIAL INSTITUTION AND THE ANNUAL SERVICE FEE PERMITTED TO BE DEDUCTED BY THE FUNERAL ESTABLISHMENT ACCORDING TO SECTION 32-1391.06, SUBSECTION B.

37. "OUTER BURIAL CONTAINER" MEANS A CONTAINER THAT IS DESIGNED FOR PLACEMENT IN A GRAVE AROUND A CASKET, INCLUDING BURIAL VAULTS, GRAVE BOXES AND GRAVE LINERS.

38. "OWNER" MEANS A PERSON WHO OWNS TEN PER CENT OR MORE OF A BUSINESS ENTITY. OWNER DOES NOT INCLUDE SHAREHOLDERS OF COMPANIES WHO HAVE A CLASS OF COMMON EQUITY STOCK LISTED OR AUTHORIZED TO BE LISTED ON THE NEW YORK STOCK EXCHANGE, THE AMERICAN STOCK EXCHANGE, OR LISTED ON THE NASDAQ STOCK MARKET.

39. "PERSON LEGALLY RESPONSIBLE" MEANS THE PERSON RESPONSIBLE FOR BURYING A DEAD BODY AS DETERMINED IN SECTION 36-831.

40. "PREARRANGED FUNERAL AGREEMENT" MEANS ANY AGREEMENT OR COMBINATION OF AGREEMENTS UNDER WHICH A PAYMENT IS MADE BEFORE THE DEATH OF THE INTENDED BENEFICIARY FOR FUNERAL GOODS AND SERVICES TO BE DELIVERED OR PERFORMED AFTER THE DEATH OF THE BENEFICIARY.

41. "PREARRANGED FUNERAL TRUST ACCOUNT" MEANS A TRUST ACCOUNT THAT IS ESTABLISHED AT A FINANCIAL INSTITUTION AND INTO WHICH ALL MONIES PAID ON BEHALF OF A BENEFICIARY PURSUANT TO A PREARRANGED FUNERAL AGREEMENT ARE DEPOSITED.

42. "PREPARATION" MEANS WASHING, SHAVING, DRESSING OR ARRANGING HAIR ON, APPLYING COSMETICS TO OR POSITIONING BODILY FEATURES ON A DEAD HUMAN BODY AND PLACING A DEAD HUMAN BODY IN A CASKET.

43. "PROCESSED CREMATED REMAINS" MEANS CREMATED REMAINS AFTER THEY ARE PULVERIZED AND CLEANED, LEAVING PRIMARILY SMALL BONE FRAGMENTS.

44. "PROVISIONALLY ACCREDITED" MEANS GRANTED CANDIDACY STATUS BY THE AMERICAN BOARD OF FUNERAL SERVICE EDUCATION.

45. "REGISTRATION" MEANS A WRITTEN AUTHORIZATION THAT IS ISSUED BY THE BOARD AND THAT ENTITLES A PERSON TO ACT AS AN APPRENTICE EMBALMER, AN ASSISTANT FUNERAL DIRECTOR, AN EMBALMER'S ASSISTANT OR A PREARRANGED FUNERAL SALESPERSON IN THIS STATE.

46. "RESPONSIBLE CREMATIONIST" MEANS A PERSON WHO MANAGES A CREMATORY.

47. "RESPONSIBLE FUNERAL DIRECTOR" MEANS A PERSON WHO IS LICENSED PURSUANT TO THIS CHAPTER, WHO IS ENGAGED IN FUNERAL DIRECTING AND WHO MANAGES A FUNERAL ESTABLISHMENT.

48. "RETORT" MEANS AN ENCLOSED SPACE WITHIN WHICH CREMATION TAKES PLACE.

49. "STATE EQUIVALENT EXAMINATION" MEANS THE TEST OR TESTS PROVIDED BY THE CONFERENCE OF FUNERAL SERVICE EXAMINING BOARDS AND OFFERED BY THE BOARD TO DETERMINE THE ENTRY LEVEL KNOWLEDGE AND SKILLS OF A PERSON REGARDING FUNERAL DIRECTING AND EMBALMING.

50. "SUPERVISE" OR "SUPERVISION" MEANS A LICENSED EMBALMER HAS RESPONSIBILITY FOR AND IS WITHIN SIGHT AND SOUND OF A REGISTERED APPRENTICE EMBALMER OR LICENSED INTERN WHO IS EMBALMING A DEAD HUMAN BODY OR A STUDENT WHO IS ASSISTING IN EMBALMING A DEAD HUMAN BODY.

51. "TEMPORARY CONTAINER" MEANS A RECEPTACLE THAT IS USUALLY MADE OF CARDBOARD, RIGID PLASTIC OR ANOTHER SIMILAR MATERIAL AND THAT IS DESIGNED TO HOLD PROCESSED CREMATED REMAINS UNTIL THEY ARE PLACED IN AN URN OR ANOTHER PERMANENT CONTAINER.

52. "TRUST FUNDS" MEANS ALL MONIES DEPOSITED ON BEHALF OF A BENEFICIARY OF A PREARRANGED FUNERAL AGREEMENT FUNDED BY TRUST AND ALL ACCRUED NET INTEREST. TRUST FUNDS SHALL BE CONSIDERED AN ACCOUNT KEPT IN SUSPENSE UNTIL DISTRIBUTED TO THE BENEFICIARY, THE FUNERAL ESTABLISHMENT OR THE ESTATE OF THE BENEFICIARY IN ACCORDANCE WITH THIS ARTICLE.

53. "UNIVERSAL PRECAUTIONS" MEANS THE UNIVERSAL BLOOD AND FLUID PRECAUTIONS RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL OF THE UNITED STATES PUBLIC HEALTH SERVICE TO PREVENT THE TRANSMISSION OF BLOOD-BORNE AND BODILY FLUID-BORNE INFECTIOUS DISEASES.

54. "UNPROFESSIONAL CONDUCT" INCLUDES THE FOLLOWING ACTS, WHETHER OCCURRING IN THIS STATE OR ELSEWHERE:

( a ) COMMISSION OF A CLASS 1 OR 2 FELONY.

( b ) COMMISSION OF A FELONY OR MISDEMEANOR IF THE OFFENSE HAS A REASONABLE RELATIONSHIP TO FUNERAL DIRECTING OR EMBALMING. CONVICTION BY ANY COURT OF COMPETENT JURISDICTION OR A PLEA OF NO CONTEST IS CONCLUSIVE EVIDENCE OF THE COMMISSION.

( c ) PROVIDING FALSE, MISLEADING OR DECEPTIVE INFORMATION ON AN APPLICATION FOR LICENSURE OR REGISTRATION PURSUANT TO THIS CHAPTER OR ON AN EXAMINATION REQUIRED FOR LICENSURE OR REGISTRATION.

( d ) BRIBING OR OFFERING TO BRIBE, DIRECTLY OR INDIRECTLY, A MEMBER OF THE BOARD TO INFLUENCE THE MEMBER'S ACTIONS IN THE PERFORMANCE OF THE MEMBER'S DUTIES.

( e ) WILFULLY INTERFERING WITH AN EMBALMER OR FUNERAL DIRECTOR WHO HAS LAWFUL CUSTODY OF A DEAD HUMAN BODY IN THE PERFORMANCE OF THE EMBALMER'S OR FUNERAL DIRECTOR'S DUTY TO EMBALM OR PREPARE THE BODY FOR BURIAL OR TRANSPORTATION.

( f ) PAYING OR CAUSING MONEY OR OTHER VALUABLE CONSIDERATION TO BE PAID TO A PERSON, OTHER THAN AN EMPLOYEE OF A FUNERAL ESTABLISHMENT, TO SECURE BUSINESS REGULATED PURSUANT TO THIS CHAPTER FROM OR THROUGH THE PERSON.

( g ) VIOLATING ANY LAW OF THIS STATE OR ANY RULE ADOPTED BY THE DEPARTMENT OF HEALTH SERVICES THAT RELATES TO THE EMBALMING OR PREPARATION OF DEAD HUMAN BODIES.

( h ) CERTIFYING FALSELY TO HAVING EMBALMED OR PREPARED A DEAD HUMAN BODY THAT WAS EMBALMED BY A PERSON OTHER THAN A LICENSED EMBALMER MAKING THE CERTIFICATION OR AN INTERN OR APPRENTICE EMBALMER UNDER THE SUPERVISION OF A LICENSED EMBALMER MAKING THE CERTIFICATION.

( i ) FALSELY ADVERTISING OR LABELING ANY SERVICE OR MERCHANDISE WITH THE INTENTION OF DECEIVING THE PUBLIC.

( j ) SHIPPING OR DELIVERING ANY MERCHANDISE OR SUPPLIES THAT ARE NOT THE SUBSTANTIAL EQUIVALENT OF OR SUPERIOR IN QUALITY TO MERCHANDISE OR SUPPLIES PREVIOUSLY PRESENTED TO THE PURCHASER AS SAMPLES.

( k ) COMMITTING ANY ACT INVOLVING DISHONESTY, FRAUD, MISREPRESENTATION, BREACH OF FIDUCIARY DUTY, GROSS NEGLIGENCE OR INCOMPETENCE IF THE ACT HAS A REASONABLE RELATIONSHIP TO FUNERAL DIRECTING OR EMBALMING.

( l ) ENGAGING IN ANY CONDUCT OR PRACTICE THAT IS REASONABLY RELATED TO FUNERAL DIRECTING OR EMBALMING AND THAT IS OR MAY BE HARMFUL OR DANGEROUS TO THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC.

( m ) WITHIN A PERIOD OF FIVE YEARS, HAVING A LICENSE, REGISTRATION OR ENDORSEMENT SUSPENDED OR REVOKED BY THE BOARD OR BY THE FUNERAL SERVICES LICENSING AUTHORITY OF ANY OTHER JURISDICTION OR SURRENDERING A LICENSE, REGISTRATION OR ENDORSEMENT IN LIEU OF DISCIPLINARY ACTION.

55. "URN" MEANS A RECEPTACLE INTO WHICH PROCESSED CREMATED REMAINS ARE PLACED FOR DISPOSITION.

32-1302. Board of funeral directors and embalmers; appointment; term; qualifications; removal; oath; compensation

A. THE STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS IS ESTABLISHED. THE BOARD CONSISTS OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR PURSUANT TO SECTION 38-211. MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR. BOARD MEMBERS SERVE STAGGERED TERMS OF FOUR YEARS BEGINNING AND ENDING ON JANUARY 1 UNLESS REMOVED BY THE GOVERNOR. THE GOVERNOR SHALL APPOINT A MEMBER FOR THE UNEXPIRED PORTION OF A TERM TO FILL A VACANCY OCCURRING DURING A TERM OF OFFICE.

B. EACH MEMBER OF THE BOARD SHALL BE A RESIDENT OF THIS STATE. FOUR MEMBERS SHALL BE PRACTICING FUNERAL DIRECTORS OR EMBALMERS LICENSED UNDER THIS CHAPTER. THREE MEMBERS SHALL BE PUBLIC MEMBERS, ONE OF WHOM IS AN OWNER OR MANAGER OF A BUSINESS THAT HAS NO PECUNIARY OR PROPRIETARY INTEREST IN A FUNERAL ESTABLISHMENT OR CREMATORY OR IN THE SALE OF FUNERAL GOODS AND SERVICES. THE PUBLIC MEMBERS SHALL NOT BE LICENSED UNDER THIS CHAPTER CURRENTLY OR HAVE BEEN LICENSED UNDER THIS CHAPTER IN THE FIVE YEARS PRECEDING APPOINTMENT.

C. BEFORE ENTERING OFFICE, EACH APPOINTEE SHALL TAKE AND SUBSCRIBE TO AN OATH BEFORE AN OFFICER COMPETENT TO ADMINISTER OATHS THAT THE APPOINTEE IS QUALIFIED TO HOLD OFFICE AND WILL FAITHFULLY PERFORM THE DUTIES IMPOSED ON BOARD MEMBERS BY LAW.

D. MEMBERS OF THE BOARD ARE ELIGIBLE TO RECEIVE COMPENSATION PURSUANT TO SECTION 38-611 FOR EACH DAY OF ACTUAL SERVICE IN THE BUSINESS OF THE BOARD.

32-1303. Board officers

THE BOARD SHALL ANNUALLY ELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND A SECRETARY. WHEN THE CHAIRPERSON IS UNABLE TO ACT AS CHAIRPERSON, THE SECRETARY SHALL ACT AS CHAIRPERSON.

32-1304. Board meetings

A. THE BOARD SHALL HOLD AT LEAST ONE MEETING EVERY CALENDAR QUARTER AT A TIME AND A PLACE IN THIS STATE DESIGNATED BY THE CHAIRPERSON. THE BOARD MAY HOLD ADDITIONAL MEETINGS AT THE CALL OF THE CHAIRPERSON OR ANY THREE MEMBERS.

B. THE PRESENCE OF FOUR BOARD MEMBERS CONSTITUTES A QUORUM. A MAJORITY VOTE OF THE QUORUM IS NECESSARY FOR THE BOARD TO TAKE ANY ACTION. A VACANCY ON THE BOARD DOES NOT IMPAIR THE RIGHTS OR POWERS OF THE REMAINING MEMBERS.

32-1305. Executive director; compensation; duties

A. THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD. THE EXECUTIVE DIRECTOR SHALL NOT BE A BOARD MEMBER AND SHALL NOT HAVE A PECUNIARY OR PROPRIETARY INTEREST IN A FUNERAL ESTABLISHMENT OR CREMATORY OR IN THE SALE OF FUNERAL GOODS AND SERVICES.

B. THE EXECUTIVE DIRECTOR IS ELIGIBLE TO RECEIVE COMPENSATION PURSUANT TO SECTION 38-611.

C. THE EXECUTIVE DIRECTOR SHALL PERFORM DUTIES AS DIRECTED BY THE BOARD.

32-1306. Attorney general to represent and advise board; actions to recover civil penalties

A. THE ATTORNEY GENERAL SHALL REPRESENT THE BOARD IN ALL LEGAL ACTIONS AND PROCEEDINGS AND SHALL ADVISE THE BOARD ON QUESTIONS OF LAW REGARDING THE ADMINISTRATION OF THIS CHAPTER.

B. THE ATTORNEY GENERAL SHALL DESIGNATE, FOR THE TIME AND PURPOSES REQUIRED BY THE BOARD, AN ASSISTANT ATTORNEY GENERAL WHOSE COMPENSATION IS A CHARGE AGAINST THE BOARD OF FUNERAL DIRECTORS' AND EMBALMERS' FUND ESTABLISHED BY SECTION 32-1308.

C. THE BOARD MAY REQUEST THE ATTORNEY GENERAL TO BRING AN ACTION IN SUPERIOR COURT TO RECOVER ANY CIVIL PENALTIES IMPOSED BY THE BOARD PURSUANT TO THIS CHAPTER. AN ACTION TO RECOVER CIVIL PENALTIES SHALL BE BROUGHT IN THE COUNTY IN WHICH THE BOARD HAS ITS OFFICE, OR IN THE COUNTY OF RESIDENCE OR PRINCIPAL PLACE OF BUSINESS OF THE PERSON SUBJECT TO THE PENALTIES.

32-1307. Powers and duties of board

A. THE BOARD SHALL:

1. ADMINISTER AND ENFORCE THIS CHAPTER AND THE RULES ADOPTED PURSUANT TO THIS CHAPTER.

2. ADOPT A SEAL.

3. MAINTAIN A RECORD OF THE NAME AND THE MAILING OR EMPLOYER'S BUSINESS ADDRESS OF EACH LICENSEE AND REGISTRANT.

4. INVESTIGATE ALLEGED VIOLATIONS OF THIS CHAPTER AND THE RULES ADOPTED PURSUANT TO THIS CHAPTER.

5. ADOPT RULES IN ACCORDANCE WITH TITLE 41, CHAPTER 6. RULES ADOPTED BY THE BOARD SHALL INCLUDE PROVISIONS RELATING TO THE FOLLOWING:

( a ) THE KEEPING AND DISPOSITION OF RECORDS BY LICENSEES AND REGISTRANTS.

( b ) STANDARDS OF PRACTICE, PROFESSIONAL CONDUCT, COMPETENCE AND CONSUMER DISCLOSURE RELATING TO OWNING OR OPERATING A FUNERAL ESTABLISHMENT OR CREMATORY, FUNERAL DIRECTING, EMBALMING AND CREMATION.

( c ) THE PROHIBITION OF DECEPTIVE, MISLEADING OR PROFESSIONALLY NEGLIGENT PRACTICES IN ADVERTISING, OFFERING OR SELLING FUNERAL GOODS OR SERVICES BY FUNERAL ESTABLISHMENTS, CREMATORIES, LICENSEES AND REGISTRANTS AND AGENTS OF FUNERAL ESTABLISHMENTS, CREMATORIES, LICENSEES AND REGISTRANTS. THE RULES SHALL SPECIFICALLY PROHIBIT MISREPRESENTATION OF THE LEGAL REQUIREMENTS CONCERNING THE PREPARATION AND INTERMENT OF DEAD HUMAN BODIES.

( d ) STANDARD PRICE DISCLOSURE FORMATS AND PRICE LIST REQUIREMENTS AND DEFINITIONS TO FACILITATE PRICE COMPARISONS BY MEMBERS OF THE PUBLIC.

( e ) GUIDELINES TO ENABLE MEMBERS OF THE PUBLIC TO DETERMINE THE SUBSTANTIAL EQUIVALENCY OF FUNERAL GOODS AVAILABLE FOR SALE TO THE PUBLIC.

( f ) ADMINISTRATIVE AND INVESTIGATIVE PROCEDURES.

( g ) THE EFFICIENT ADMINISTRATION OF THE BOARD'S AFFAIRS AND THE ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER.

(h) THE INSPECTION OF ALL FUNERAL ESTABLISHMENTS AND CREMATORIES AT LEAST ONCE EVERY FIVE YEARS.

(i ) ANY OTHER MATTERS THE BOARD DEEMS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.

B. THE BOARD MAY:

1. EMPLOY INVESTIGATIVE, PROFESSIONAL AND CLERICAL EMPLOYEES AS IT DEEMS NECESSARY TO CARRY OUT THIS CHAPTER. COMPENSATION OF THESE EMPLOYEES SHALL BE DETERMINED PURSUANT TO SECTION 38-611.

2. APPOINT CITIZEN ADVISORY COMMITTEES TO MAKE RECOMMENDATIONS TO THE BOARD CONCERNING ENFORCEMENT AND THE ADMINISTRATION OF THIS CHAPTER.

3. IN CONNECTION WITH INVESTIGATIONS OR ADMINISTRATIVE HEARINGS, ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, CONTRACTS, AGREEMENTS AND OTHER DOCUMENTS OR RECORDS IN ANY FORM, ADMINISTER OATHS AND TAKE TESTIMONY AND EVIDENCE CONCERNING ALL MATTERS WITHIN ITS JURISDICTION. THE BOARD MAY PAY THE FEES AND EXPENSES OF WITNESSES WHO APPEAR IN ANY PROCEEDING BEFORE THE BOARD. IF A PERSON REFUSES TO OBEY A SUBPOENA ISSUED BY THE BOARD, THE BOARD MAY INVOKE THE AID OF ANY COURT IN THIS STATE TO REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF DOCUMENTARY EVIDENCE.

4. CONTRACT WITH OTHER STATE AND FEDERAL AGENCIES AS IT DEEMS NECESSARY TO CARRY OUT THIS CHAPTER.

5. CHARGE REASONABLE FEES FOR THE DISTRIBUTION OF MATERIALS THAT THE BOARD PRINTS OR HAS PRINTED AT ITS EXPENSE AND FOR THE COSTS OF MAILING THESE MATERIALS.

6. CHARGE THE REASONABLE COSTS OF A FINGERPRINT BACKGROUND CHECK TO AN APPLICANT FOR LICENSURE OR REGISTRATION.

32-1308. Board of funeral directors' and embalmers' fund

A. THE BOARD OF FUNERAL DIRECTORS' AND EMBALMERS' FUND IS ESTABLISHED. THE BOARD SHALL ADMINISTER THE FUND. UNLESS OTHERWISE PROVIDED, ALL FEES AND OTHER MONIES COLLECTED UNDER THIS CHAPTER SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL DEPOSIT NINETY PER CENT OF THESE MONIES IN THE BOARD OF FUNERAL DIRECTORS' AND EMBALMERS' FUND AND TEN PER CENT OF THESE MONIES IN THE STATE GENERAL FUND. ALL CIVIL PENALTIES COLLECTED UNDER THIS CHAPTER SHALL BE TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND.

B. AT THE REQUEST OF THE BOARD, THE STATE TREASURER SHALL INVEST AND DIVEST MONIES DEPOSITED IN THE BOARD OF FUNERAL DIRECTORS' AND EMBALMERS' FUND PURSUANT TO SECTION 35-313. MONIES EARNED FROM THESE INVESTMENTS SHALL BE CREDITED TO THE FUND. EXCEPT AS PROVIDED IN SECTION 32-1368, MONIES DEPOSITED IN THE BOARD OF FUNERAL DIRECTORS' AND EMBALMERS' FUND ARE SUBJECT TO SECTION 35-143.01.

32-1309. Fees

A. THE BOARD SHALL ESTABLISH AND COLLECT THE FOLLOWING APPLICATION FEES:

1. FOR A FUNERAL DIRECTOR LICENSE, EIGHTY-FIVE DOLLARS.

2. FOR AN EMBALMER LICENSE, EIGHTY-FIVE DOLLARS.

3. FOR AN EMBALMER'S ASSISTANT REGISTRATION, EIGHTY-FIVE DOLLARS.

4. FOR AN INTERN LICENSE, EIGHTY-FIVE DOLLARS.

5. FOR A FUNERAL DIRECTOR OR EMBALMER LICENSE FOR A PERSON WHO DOES NOT RESIDE IN THIS STATE, EIGHTY-FIVE DOLLARS.

6. FOR A PREARRANGED FUNERAL SALESPERSON REGISTRATION, EIGHTY-FIVE DOLLARS.

7. FOR A FUNERAL ESTABLISHMENT LICENSE:

( a ) FOR A NEW ESTABLISHMENT, NEW OWNER OR NEW LOCATION, FIVE HUNDRED DOLLARS.

( b ) FOR A CHANGE OF NAME, ONE HUNDRED SEVENTY-FIVE DOLLARS.

8. FOR A PREARRANGED FUNERAL SALES ESTABLISHMENT ENDORSEMENT, ONE HUNDRED EIGHTY-FIVE DOLLARS.

9. FOR A CREMATORY LICENSE:

( a ) FOR A NEW CREMATORY, NEW OWNER OR NEW LOCATION, ONE HUNDRED DOLLARS PER RETORT.

( b ) FOR A CHANGE OF NAME, ONE HUNDRED SEVENTY-FIVE DOLLARS.

B. THE BOARD SHALL ESTABLISH AND COLLECT THE FOLLOWING EXAMINATION FEES:

1. FOR THE FUNERAL DIRECTOR STATE LAWS AND RULES EXAMINATION, EIGHTY DOLLARS.

2. FOR THE EMBALMER STATE LAWS AND RULES EXAMINATION, EIGHTY DOLLARS.

3. FOR THE SALESPERSON STATE LAWS AND RULES EXAMINATION, EIGHTY DOLLARS.

4. FOR THE FUNERAL SERVICE SCIENCE SECTION OF THE STATE EQUIVALENT EXAMINATION, ONE HUNDRED FIFTY DOLLARS.

5. FOR THE FUNERAL SERVICE ARTS SECTION OF THE STATE EQUIVALENT EXAMINATION, ONE HUNDRED FIFTY DOLLARS.

C. THE BOARD SHALL ESTABLISH AND COLLECT THE FOLLOWING LICENSE AND REGISTRATION ISSUANCE FEES:

1. FOR A FUNERAL DIRECTOR LICENSE, EIGHTY-FIVE DOLLARS.

2. FOR AN EMBALMER LICENSE, EIGHTY-FIVE DOLLARS.

3. FOR AN EMBALMER'S ASSISTANT REGISTRATION, EIGHTY-FIVE DOLLARS.

4. FOR AN INTERN LICENSE, EIGHTY-FIVE DOLLARS.

5. FOR A PREARRANGED SALESPERSON REGISTRATION, EIGHTY-FIVE DOLLARS.

D. THE BOARD SHALL ESTABLISH AND COLLECT THE FOLLOWING RENEWAL FEES:

1. FOR A FUNERAL DIRECTOR LICENSE, EIGHTY-FIVE DOLLARS.

2. FOR AN EMBALMER LICENSE, EIGHTY-FIVE DOLLARS.

3. FOR AN EMBALMER'S ASSISTANT REGISTRATION, EIGHTY-FIVE DOLLARS.

4. FOR AN INTERN LICENSE, EIGHTY-FIVE DOLLARS.

5. FOR AN APPRENTICE EMBALMER REGISTRATION, EIGHTY-FIVE DOLLARS.

6. FOR AN ASSISTANT FUNERAL DIRECTOR REGISTRATION, EIGHTY-FIVE DOLLARS.

7. FOR A PREARRANGED FUNERAL SALESPERSON REGISTRATION, EIGHTY-FIVE DOLLARS.

8. FOR AN ESTABLISHMENT LICENSE, FOUR DOLLARS FOR EACH DISPOSITION PERFORMED BY THE ESTABLISHMENT DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR. FOR THE PURPOSES OF THIS PARAGRAPH, A FUNERAL ESTABLISHMENT PERFORMS A DISPOSITION EACH TIME THE ESTABLISHMENT FILES A DEATH CERTIFICATE PURSUANT TO SECTION 36-331.

9. FOR A PREARRANGED FUNERAL SALES ESTABLISHMENT ENDORSEMENT, ONE HUNDRED EIGHTY-FIVE DOLLARS.

10. FOR A CREMATORY LICENSE, TWO HUNDRED DOLLARS PER RETORT.

E. THE BOARD SHALL ESTABLISH AND COLLECT THE FOLLOWING FEES:

1. FOR A DUPLICATE LICENSE OR REGISTRATION, TWENTY-FIVE DOLLARS.

2. FOR A REEXAMINATION:

( a ) FOR A STATE LAWS AND RULES EXAMINATION, FIFTY DOLLARS.

( b ) FOR THE FUNERAL SERVICE SCIENCE SECTION OR THE FUNERAL SERVICE ARTS SECTION OF THE STATE EQUIVALENT EXAMINATION, SIXTY-FIVE DOLLARS.

3. FOR LATE RENEWAL OF A LICENSEE OR REGISTRATION, THIRTY-FIVE DOLLARS.

4. FOR LATE RENEWAL OF AN ESTABLISHMENT LICENSE OR ENDORSEMENT, SIXTY DOLLARS.

5. FOR INACTIVE LICENSURE OR REGISTRATION, TWENTY-FIVE DOLLARS.

6. FOR REINSTATEMENT OF AN INACTIVE LICENSE, FIFTY DOLLARS.

7. FOR REINSTATEMENT OF AN INACTIVE REGISTRATION, ONE HUNDRED THIRTY DOLLARS.

8. FOR AN INTERIM FUNERAL ESTABLISHMENT PERMIT, TWENTY-FIVE DOLLARS.

9. FOR FILING AN ANNUAL TRUST REPORT, A FEE OF NOT MORE THAN TWO HUNDRED DOLLARS.

10. FOR FILING A LATE OR INCOMPLETE ANNUAL TRUST REPORT, A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS.

32-1310. Confidentiality

A. ALL EXAMINATION MATERIALS, RECORDS OF EXAMINATION GRADING AND PERFORMANCE AND TRANSCRIPTS OF EDUCATIONAL INSTITUTIONS CONCERNING APPLICANTS, LICENSEES AND REGISTRANTS ARE CONFIDENTIAL AND ARE NOT PUBLIC RECORDS.

B. COMPLAINTS, INVESTIGATIVE REPORTS, DOCUMENTS, EXHIBITS AND OTHER MATERIALS RELATING TO AN INVESTIGATION ARE NOT PUBLIC RECORDS AND SHALL REMAIN CONFIDENTIAL EXCEPT AS PROVIDED IN SUBSECTION C.

C. ON WRITTEN REQUEST, THE BOARD SHALL RELEASE CONFIDENTIAL INFORMATION TO THE SUBJECT OF AN INFORMAL INTERVIEW AND TO THE PUBLIC AFTER THE BOARD VOTES TO SEND A CASE TO AN INFORMAL INTERVIEW.

D. AFTER THE RECEIPT OF A COMPLAINT, THE BOARD SHALL INFORM THE LICENSEE OR REGISTRANT OF THE NAME OF THE COMPLAINANT AND THE GENERAL NATURE OF THE COMPLAINT.

E. DURING AN INVESTIGATION, FOLLOWING ISSUANCE OF A FORMAL HEARING OR INFORMAL INTERVIEW NOTICE, AND AFTER NOTIFYING THE LICENSEE OR REGISTRANT, THE BOARD MAY RELEASE THE NAME OF THE COMPLAINANT AND THE GENERAL NATURE OF THE COMPLAINT TO THE PUBLIC.

32-1311. Immunity

A. MEMBERS, EMPLOYEES AND AGENTS OF THE BOARD AND MEMBERS OF CITIZEN ADVISORY COMMITTEES ARE IMMUNE FROM PERSONAL LIABILITY WITH RESPECT TO ACTS DONE AND ACTIONS TAKEN IN GOOD FAITH AND IN FURTHERANCE OF THE PURPOSES OF THIS CHAPTER.

B. ANY PERSON WHO REPORTS OR PROVIDES INFORMATION TO THE BOARD IN GOOD FAITH IS NOT SUBJECT TO AN ACTION FOR CIVIL DAMAGES. article 2. Licensing and registration

32-1321. License or registration requirement; persons not required to be licensed or registered; nontransferability; display

A. A PERSON SHALL NOT ADVERTISE OR ENGAGE IN FUNERAL DIRECTING OR EMBALMING WITHOUT HAVING A VALID LICENSE OR REGISTRATION ISSUED BY THE BOARD.

B. THIS ARTICLE DOES NOT PROHIBIT:

1. A STUDENT WHO IS ENROLLED IN A COLLEGE OF MORTUARY SCIENCE THAT IS RECOGNIZED BY THE BOARD PURSUANT TO SECTION 32-1336 FROM ASSISTING A LICENSED EMBALMER IN EMBALMING DEAD HUMAN BODIES PURSUANT TO SECTION 32-1337.

2. A PERSON FROM PERFORMING REMOVALS OR ARRANGEMENTS OR FROM DIRECTING FUNERAL SERVICES UNDER THE DIRECTION OF AND ACCOUNTABLE TO A LICENSED FUNERAL DIRECTOR.

3. A LICENSED CEMETERY EMPLOYEE FROM SELLING BURIAL OR FINAL DISPOSITION ITEMS OR FROM ARRANGING OR DIRECTING CEMETERY SERVICES.

C. A LICENSE OR REGISTRATION ISSUED BY THE BOARD IS NOT TRANSFERRABLE OR SUBJECT TO SALE OR ASSIGNMENT, WHETHER BY VOLUNTARY OR INVOLUNTARY PROCESS.

D. A LICENSEE OR REGISTRANT SHALL CONSPICUOUSLY DISPLAY THE PERSON'S LICENSE OR REGISTRATION AT THE PERSON'S PLACE OF EMPLOYMENT.

32-1322. Interns, embalmers and funeral directors; qualifications for licensure

A. AN APPLICANT FOR LICENSURE AS AN INTERN SHALL:

1. HOLD A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.

2. BE A GRADUATE OF AN ACCREDITED OR PROVISIONALLY ACCREDITED SCHOOL OF MORTUARY SCIENCE.

3. BE OF GOOD MORAL CHARACTER.

B. AN APPLICANT FOR LICENSURE AS AN EMBALMER SHALL:

1. PASS THE FUNERAL SERVICE SCIENCE SECTION OF THE NATIONAL BOARD EXAMINATION OR THE STATE EQUIVALENT EXAMINATION.

2. PASS THE EMBALMER STATE LAWS AND RULES EXAMINATION.

3. BE OF GOOD MORAL CHARACTER.

4. HAVE BEEN LICENSED AS AN INTERN FOR AT LEAST ONE YEAR.

5. HAVE SUCCESSFULLY COMPLETED AN INTERNSHIP PROGRAM THAT INCLUDED ASSISTING IN THE EMBALMING OF AT LEAST TWENTY-FIVE DEAD HUMAN BODIES.

C. AN APPLICANT FOR LICENSURE AS A FUNERAL DIRECTOR SHALL:

1. PASS THE FUNERAL SERVICE ARTS SECTION OF THE NATIONAL BOARD EXAMINATION OR THE STATE EQUIVALENT EXAMINATION.

2. PASS THE FUNERAL DIRECTOR STATE LAWS AND RULES EXAMINATION.

3. BE OF GOOD MORAL CHARACTER.

4. HAVE HELD AN ACTIVE LICENSE AS AN EMBALMER FOR AT LEAST ONE YEAR AND HAVE ASSISTED IN THE ARRANGING AND DIRECTING OF AT LEAST TWENTY-FIVE FUNERALS.

32-1323. Interns, embalmers and funeral directors; application for licensure

A. AN APPLICANT FOR LICENSURE AS AN INTERN SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE BOARD. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY:

1. ANY EDUCATIONAL, PROFESSIONAL AND EMPLOYMENT INFORMATION REQUIRED BY THE BOARD IN ITS RULES.

2. PROOF OF THE APPLICANT'S EMPLOYMENT AS AN INTERN AT AN ESTABLISHMENT LICENSED UNDER ARTICLE 4 OF THIS CHAPTER UNDER THE SUPERVISION OF A FUNERAL DIRECTOR OR EMBALMER LICENSED UNDER THIS ARTICLE.

3. A COMPLETED FINGERPRINT CARD AND THE PRESCRIBED FINGERPRINT BACKGROUND CHECK FEE.

4. ANY OTHER INFORMATION REQUIRED BY THE BOARD.

5. ALL APPLICABLE FEES PURSUANT TO SECTION 32-1309.

B. AN APPLICANT FOR LICENSURE AS AN EMBALMER OR FUNERAL DIRECTOR SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE BOARD. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY:

1. ANY EDUCATIONAL, PROFESSIONAL AND EMPLOYMENT INFORMATION REQUIRED BY THE BOARD IN ITS RULES.

2. A COMPLETED FINGERPRINT CARD AND THE PRESCRIBED FINGERPRINT BACKGROUND CHECK FEE.

3. ANY OTHER INFORMATION REQUIRED BY THE BOARD.

4. ALL APPLICABLE FEES PURSUANT TO SECTION 32-1309.

C. IF THE BOARD FINDS THAT THE APPLICANT MEETS THE CRITERIA FOR LICENSURE UNDER THIS ARTICLE AND RULES ADOPTED BY THE BOARD, THE BOARD SHALL ISSUE THE APPROPRIATE LICENSE.

32-1324. Apprentice embalmers

A PERSON WHO IS REGISTERED AS AN APPRENTICE EMBALMER ON OR BEFORE THE EFFECTIVE DATE OF THIS ARTICLE SHALL MEET THE QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE AS AN INTERN, EMBALMER OR FUNERAL DIRECTOR OR FOR REGISTRATION AS AN EMBALMER'S ASSISTANT ON OR BEFORE JULY 31, 2002. APPRENTICE EMBALMER REGISTRATIONS ISSUED BY THE BOARD ARE VOID AFTER JULY 31, 2002.

32-1325. Assistant funeral directors; licensure as funeral directors

A PERSON WHO IS REGISTERED AS AN ASSISTANT FUNERAL DIRECTOR ON OR BEFORE THE EFFECTIVE DATE OF THIS ARTICLE SHALL MEET THE QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE AS A FUNERAL DIRECTOR ON OR BEFORE JULY 31, 2000. ASSISTANT FUNERAL DIRECTOR REGISTRATIONS ISSUED BY THE BOARD ARE VOID AFTER JULY 31, 2000.

32-1325.01. Embalmer's assistants; qualifications; application for registration

A. AN APPLICANT FOR REGISTRATION AS AN EMBALMER'S ASSISTANT SHALL:

1. HAVE BEEN REGISTERED AS AN APPRENTICE EMBALMER FOR AT LEAST FIVE CONTINUOUS YEARS.

2. NOT HAVE HAD ANY DISCIPLINARY ACTION TAKEN AGAINST THE PERSON'S REGISTRATION BY THE BOARD WITHIN THE LAST FIVE YEARS.

3. PASS A PRACTICAL EXAMINATION DEMONSTRATING THE PERSON'S COMPETENCE IN EMBALMING AND SAFETY PROCEDURES.

B. AN APPLICANT FOR REGISTRATION AS AN EMBALMER'S ASSISTANT SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE BOARD. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY:

1. ANY EDUCATIONAL, PROFESSIONAL AND EMPLOYMENT INFORMATION REQUIRED BY THE BOARD IN ITS RULES.

2. PROOF OF THE APPLICANT'S EMPLOYMENT AS AN APPRENTICE EMBALMER AT AN ESTABLISHMENT LICENSED UNDER ARTICLE 4 OF THIS CHAPTER UNDER THE SUPERVISION OF AN EMBALMER LICENSED UNDER THIS ARTICLE.

3. A COMPLETED FINGERPRINT CARD AND THE PRESCRIBED FINGERPRINT BACKGROUND CHECK FEE.

4. ANY OTHER INFORMATION REQUIRED BY THE BOARD.

5. ALL APPLICABLE FEES PURSUANT TO SECTION 32-1309.

C. IF THE BOARD FINDS THAT THE APPLICANT MEETS THE CRITERIA FOR REGISTRATION UNDER THIS ARTICLE AND RULES ADOPTED BY THE BOARD, THE BOARD SHALL ISSUE AN EMBALMER'S ASSISTANT REGISTRATION.

32-1326. Embalmers and funeral directors; temporary licenses

THE BOARD MAY ISSUE A TEMPORARY EMBALMER OR FUNERAL DIRECTOR LICENSE TO A PERSON WHO IS NOT LICENSED IN THIS STATE IN CASES OF EMERGENCY OR PUBLIC DISASTER OR FOR EDUCATIONAL PURPOSES IF THE PERSON HOLDS AN ACTIVE LICENSE IN GOOD STANDING ISSUED BY THE FUNERAL SERVICES LICENSING AUTHORITY OF ANOTHER JURISDICTION. THE BOARD SHALL ISSUE A LICENSE UNDER THIS SECTION ONLY FOR THE CATEGORY OF LICENSURE FOR WHICH THE PERSON HOLDS AN ACTIVE LICENSE ISSUED BY ANOTHER JURISDICTION. A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID FOR THIRTY DAYS. THE BOARD MAY RENEW A TEMPORARY LICENSE ONCE FOR A PERIOD OF THIRTY OR FEWER DAYS.

32-1327. State equivalent examination; national board examination

A. A PERSON WHO DESIRES TO TAKE EITHER THE FUNERAL SERVICE SCIENCE SECTION OR THE FUNERAL SERVICE ARTS SECTION OF THE STATE EQUIVALENT EXAMINATION SHALL SUBMIT TO THE BOARD:

1. AN EXAMINATION APPLICATION ON A FORM PRESCRIBED BY THE BOARD.

2. DOCUMENTATION OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.

3. DOCUMENTATION OF THE PERSON'S GRADUATION FROM AN ACCREDITED OR PROVISIONALLY ACCREDITED SCHOOL OF MORTUARY SCIENCE.

4. ALL APPLICABLE FEES PURSUANT TO SECTION 32-1309.

B. THE BOARD SHALL SCHEDULE AND ADMINISTER THE STATE EQUIVALENT EXAMINATION AT LEAST ONCE EACH YEAR. THE STATE EQUIVALENT EXAMINATION SHALL CONSIST OF A TWO PART WRITTEN EXAMINATION WITH AT LEAST SEVENTY QUESTIONS.

C. A PERSON WHO TAKES BOTH SECTIONS OF THE STATE EQUIVALENT EXAMINATION OR THE NATIONAL BOARD EXAMINATION MUST ACHIEVE A PASSING SCORE.

D. THE BOARD SHALL ACCEPT A PASSING SCORE THAT AN APPLICANT ACHIEVED ON A STATE EQUIVALENT EXAMINATION OR A NATIONAL BOARD EXAMINATION TAKEN WITHIN THE FIVE YEARS IMMEDIATELY PRECEDING THE DATE THAT THE APPLICANT FILED A LICENSE APPLICATION WITH THE BOARD.

32-1328. State laws and rules examination

A. THE BOARD SHALL ADMINISTER A STATE LAWS AND RULES EXAMINATION AT LEAST ONCE EVERY THREE MONTHS. WHEN THE BOARD RECEIVES A LICENSE APPLICATION, IT SHALL SCHEDULE THE APPLICABLE STATE LAWS AND RULES EXAMINATION FOR THE APPLICANT.

B. EACH STATE LAWS AND RULES EXAMINATION SHALL CONTAIN AT LEAST FIFTY QUESTIONS ON THE FOLLOWING SUBJECTS:

1. THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED BY THE BOARD PURSUANT TO THIS CHAPTER.

2. APPLICABLE PROVISIONS OF TITLE 36 AND RULES ADOPTED BY THE DEPARTMENT OF HEALTH SERVICES.

C. A SCORE OF SEVENTY-FIVE OR MORE IS REQUIRED TO PASS THE STATE LAWS AND RULES EXAMINATION.

D. THE BOARD SHALL ACCEPT THE PASSING SCORE OF AN APPLICANT ACHIEVED ON A STATE LAWS AND RULES EXAMINATION TAKEN WITHIN ONE YEAR IMMEDIATELY PRECEDING THE DATE THAT THE APPLICANT FILED A LICENSE APPLICATION WITH THE BOARD.

32-1329. Reexamination

A. AN APPLICANT WHO FAILS TO PASS THE STATE EQUIVALENT EXAMINATION OR THE STATE LAWS AND RULES EXAMINATION MAY RETAKE THE EXAMINATION WITHIN ONE YEAR AFTER THE DATE THAT THE APPLICANT FILED A LICENSE APPLICATION WITH THE BOARD. A PERSON WHO DESIRES TO RETAKE AN EXAMINATION SHALL REQUEST THAT THE BOARD SCHEDULE A SECOND EXAMINATION AND SHALL SUBMIT THE APPLICABLE FEE PURSUANT TO SECTION 32-1309. THE STATE EQUIVALENT EXAMINATION MAY NOT BE RETAKEN IN THE SAME CALENDAR QUARTER.

B. AN APPLICANT WHO FAILS TO PASS THE STATE EQUIVALENT EXAMINATION OR THE STATE LAWS AND RULES EXAMINATION WITHIN ONE YEAR AFTER THE DATE THAT THE APPLICANT ORIGINALLY FILED A LICENSE APPLICATION SHALL SUBMIT A NEW LICENSE APPLICATION AND THE APPLICABLE FEE PURSUANT TO SECTION 32-1309.

32-1330. Annual intern or apprentice embalmer report

A PERSON WHO IS REGISTERED AS AN APPRENTICE EMBALMER OR EMBALMER'S ASSISTANT OR LICENSED AS AN INTERN SHALL SUBMIT TO THE BOARD, AT THE TIME THAT THE PERSON APPLIES TO RENEW THE PERSON'S REGISTRATION OR LICENSE, AN ANNUAL REPORT ON A FORM PRESCRIBED BY THE BOARD. THE REPORT SHALL BE SUBSCRIBED UNDER OATH BY THE APPRENTICE EMBALMER OR INTERN AND THE SUPERVISING EMBALMER AND SHALL CONTAIN INFORMATION DOCUMENTING EACH EMBALMING THAT THE APPRENTICE EMBALMER OR INTERN ASSISTED IN OR PERFORMED.

32-1331. Renewal of licenses and registration; reinstatement of registration

A. EACH LICENSE AND EACH REGISTRATION ISSUED UNDER THIS ARTICLE EXPIRES ON AUGUST 1 OF EACH YEAR.

B. A LICENSEE OR A REGISTRANT SHALL SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE PURSUANT TO SECTION 32-1309 ON OR BEFORE JULY 1 OF EACH YEAR. A LICENSE OR REGISTRATION RENEWAL FEE IS NONREFUNDABLE.

C. A LICENSEE OR A REGISTRANT WHO SUBMITS A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE AFTER JULY 1 BUT BEFORE AUGUST 1 SHALL PAY A LATE FEE PURSUANT TO SECTION 32-1309 IN ADDITION TO THE RENEWAL FEE.

D. A LICENSEE WHO FAILS TO SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE FEE ON OR BEFORE AUGUST 1 SHALL APPLY FOR LICENSURE AS AN ORIGINAL APPLICANT. A PERSON WHO SUBMITS A LICENSE APPLICATION WITHIN THREE YEARS AFTER THE DATE THAT THE PERSON'S LICENSE EXPIRES IS NOT REQUIRED TO PASS THE NATIONAL BOARD EXAMINATION OR STATE EQUIVALENT EXAMINATION.

E. A REGISTERED ASSISTANT FUNERAL DIRECTOR WHO FAILS TO SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE ON OR BEFORE AUGUST 1:

1. IS NOT ELIGIBLE FOR RENEWAL OF THE PERSON'S REGISTRATION.

2. MAY APPLY FOR A FUNERAL DIRECTOR LICENSE PURSUANT TO THIS ARTICLE.

F. AN APPRENTICE EMBALMER OR EMBALMER'S ASSISTANT WHO FAILS TO SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE ON OR BEFORE AUGUST 1 MAY APPLY FOR REINSTATEMENT OF THE PERSON'S REGISTRATION BY SUBMITTING A COMPLETED REINSTATEMENT APPLICATION ON A FORM PRESCRIBED BY THE BOARD AND THE APPLICABLE REINSTATEMENT FEE WITHIN ONE YEAR AFTER THE DATE THAT THE PERSON'S REGISTRATION EXPIRES.

G. AN INTERN LICENSE MAY NOT BE RENEWED MORE THAN THREE TIMES.

32-1332. Exemptions from renewal fee requirement; military service

A PERSON WHO IS LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE AND WHO IS SERVING IN THE UNITED STATES ARMED FORCES IN TIME OF WAR IS EXEMPT FROM THE REQUIREMENT OF PAYING RENEWAL FEES FOR THE DURATION OF THE WAR AND FOR SIX MONTHS AFTER THE WAR OR FOR SIX MONTHS AFTER THE PERSON'S SEPARATION FROM ACTIVE DUTY IN THE ARMED FORCES.

32-1333. Notice of change in employment

A. AN INTERN WHO IS LICENSED OR AN APPRENTICE EMBALMER OR EMBALMER'S ASSISTANT WHO IS REGISTERED UNDER THIS ARTICLE SHALL NOTIFY THE BOARD IN WRITING WITHIN TEN BUSINESS DAYS AFTER A CHANGE IN EMPLOYMENT. THE NOTICE SHALL INCLUDE THE NAMES OF THE NEW ESTABLISHMENT AND, IF APPLICABLE, THE NEW SUPERVISING LICENSED FUNERAL DIRECTOR OR EMBALMER.

B. AN EMBALMER OR FUNERAL DIRECTOR WHO IS LICENSED UNDER THIS ARTICLE SHALL NOTIFY THE BOARD IN WRITING WITHIN TEN BUSINESS DAYS AFTER A CHANGE IN EMPLOYMENT. THE NOTICE SHALL INCLUDE THE NAMES OF THE FORMER AND THE NEW ESTABLISHMENT.

C. A RESPONSIBLE FUNERAL DIRECTOR WHO IS LICENSED UNDER THIS ARTICLE SHALL NOTIFY THE BOARD IN WRITING WITHIN FIVE BUSINESS DAYS AFTER A CHANGE IN EMPLOYMENT, EXCLUDING SATURDAYS, SUNDAYS AND OTHER LEGAL HOLIDAYS.

32-1334. Inactive status

A. A LICENSED EMBALMER OR FUNERAL DIRECTOR WHO RETIRES FROM PRACTICING EMBALMING OR FUNERAL DIRECTING OR WHO IS NOT CURRENTLY PRACTICING EMBALMING OR FUNERAL DIRECTING IN THIS STATE MAY REQUEST THAT THE BOARD PLACE THE PERSON'S LICENSE ON INACTIVE STATUS. THE PERSON SHALL SUBMIT THE REQUEST ON A FORM PRESCRIBED BY THE BOARD AND SHALL PAY THE APPLICABLE FEE PURSUANT TO SECTION 32-1309.

B. A PERSON WHO HOLDS AN INACTIVE LICENSE SHALL NOT PRACTICE EMBALMING OR FUNERAL DIRECTING IN THIS STATE.

C. A PERSON WHO HOLDS AN INACTIVE LICENSE MAY REQUEST THAT THE BOARD REACTIVATE THE PERSON'S LICENSE. IF AN INACTIVE LICENSEE DESIRES TO REACTIVATE A LICENSE, THE INACTIVE LICENSEE SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE BOARD, THE APPLICABLE FEE PURSUANT TO SECTION 32-1309, A COMPLETED FINGERPRINT CARD AND THE PRESCRIBED FINGERPRINT BACKGROUND CHECK FEE. THE PERSON SHALL DEMONSTRATE THAT HE IS OF GOOD MORAL CHARACTER AND SHALL PASS THE APPLICABLE STATE LAWS AND RULES EXAMINATION.

D. IF AN INACTIVE LICENSEE DESIRES TO REACTIVATE A LICENSE THAT HAS BEEN INACTIVE FOR MORE THAN THREE YEARS, THE PERSON SHALL COMPLY WITH SUBSECTION C OF THIS SECTION AND SHALL PASS THE STATE LAWS AND RULES EXAMINATION.

32-1335. Out-of-state licensees

A. A PERSON WHO HOLDS AN EMBALMER OR FUNERAL DIRECTOR LICENSE IN GOOD STANDING THAT WAS ISSUED BY THE FUNERAL SERVICES LICENSING AUTHORITY OF ANOTHER JURISDICTION AND WHO DESIRES AN EMBALMER OR FUNERAL DIRECTOR LICENSE IN THIS STATE SHALL MEET THE REQUIREMENTS AND QUALIFICATIONS FOR LICENSURE PRESCRIBED IN THIS ARTICLE.

B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, THE BOARD MAY WAIVE THE TESTING REQUIREMENTS OF SECTION 32-1322, SUBSECTION B, PARAGRAPH 1 AND SUBSECTION C, PARAGRAPH 1 IF THE PERSON HAS ACTIVELY PRACTICED EMBALMING OR FUNERAL DIRECTING IN ANOTHER JURISDICTION WITHIN THE THREE YEARS IMMEDIATELY PRECEDING THE DATE THAT THE PERSON APPLIES FOR A LICENSE IN THIS STATE AND THE BOARD DETERMINES THAT THE REQUIREMENTS FOR LICENSURE IN THE OTHER JURISDICTION ARE EQUAL TO OR MORE STRINGENT THAN THE REQUIREMENTS PRESCRIBED IN THIS ARTICLE.

C. A PERSON WHO HOLDS AN INTERN LICENSE OR ITS EQUIVALENT IN GOOD STANDING THAT WAS ISSUED BY THE FUNERAL SERVICES LICENSING AUTHORITY OF ANOTHER JURISDICTION AND WHO DESIRES AN INTERN, EMBALMER OR FUNERAL DIRECTOR LICENSE IN THIS STATE SHALL MEET THE REQUIREMENTS AND QUALIFICATIONS FOR LICENSURE PRESCRIBED IN THIS ARTICLE.

32-1336. Board recognition; colleges of funeral service education or mortuary science

THE BOARD SHALL RECOGNIZE ANY COLLEGE OF FUNERAL SERVICE EDUCATION OR MORTUARY SCIENCE THAT IS EITHER:

1. ACCREDITED OR PROVISIONALLY ACCREDITED BY THE AMERICAN BOARD OF FUNERAL SERVICE EDUCATION.

2. APPROVED BY AN ACCREDITING AGENCY THAT IS RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AND THE COUNCIL ON POSTSECONDARY ACCREDITATION AND REQUIRES A COURSE OF INSTRUCTION IN FUNERAL SERVICE EDUCATION OR MORTUARY SCIENCE THAT IS EQUIVALENT TO THE COURSE OF INSTRUCTION REQUIRED BY THE AMERICAN BOARD OF FUNERAL SERVICE EDUCATION.

32-1337. Embalming by students enrolled in colleges of mortuary science; requirements

A. A STUDENT WHO IS ENROLLED IN A COLLEGE OF MORTUARY SCIENCE THAT IS RECOGNIZED BY THE BOARD PURSUANT TO SECTION 32-1336 MAY ASSIST IN EMBALMING DEAD HUMAN BODIES UNDER THE SUPERVISION OF A LICENSED EMBALMER WHILE THE STUDENT IS PARTICIPATING IN A COURSE OF STUDY RECOGNIZED BY THE COLLEGE AND IS ENROLLED IN A MORTUARY SCIENCE LABORATORY COURSE.

B. THE BOARD MAY IMPOSE ANY CONDITIONS AND REQUIREMENTS THAT IT DEEMS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC RELATING TO:

1. THE SUPERVISED EMBALMING BY A STUDENT PURSUANT TO THIS SECTION.

2. THE CONDUCT OF A SUPERVISING LICENSED EMBALMER PURSUANT TO THIS SECTION.

32-1338. Continuing education

A. A PERSON WHO IS LICENSED OR REGISTERED PURSUANT TO THIS ARTICLE SHALL COMPLETE CONTINUING EDUCATION DESIGNED TO EDUCATE THE PERSON REGARDING CURRENT SKILLS AND PROCEDURES AND DEVELOPMENTS IN THE FUNERAL INDUSTRY. THE BOARD MAY PRESCRIBE IN ITS RULES THE NUMBER OF HOURS OF CONTINUING EDUCATION REQUIRED EACH YEAR, NOT TO EXCEED SIXTEEN HOURS, AND THE SUBJECT MATTER THAT SHALL BE COVERED.

B. THE BOARD SHALL WAIVE THE CONTINUING EDUCATION REQUIREMENTS FOR PERSONS WHOSE LICENSES HAVE BEEN PLACED ON INACTIVE STATUS AND FOR PERSONS WHO ARE SERVING IN THE UNITED STATES ARMED FORCES IN TIME OF WAR. THE BOARD MAY WAIVE THE CONTINUING EDUCATION REQUIREMENT FOR GOOD CAUSE SHOWN AS PRESCRIBED IN ITS RULES.

32-1339. Fingerprinting of applicants; background checks

AN APPLICANT FOR REGISTRATION UNDER THIS ARTICLE OR FOR A LICENSE UNDER THIS ARTICLE OTHER THAN A TEMPORARY LICENSE SHALL SUBMIT A FULL SET OF FINGERPRINTS TO THE BOARD FOR THE PURPOSE OF CONDUCTING A STATE AND NATIONAL CRIMINAL RECORDS CHECK PURSUANT TO SECTION 41-1750 AND P.L. 92-544. THE DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION. Article 3. Regulation and enforcement

32-1361. Prohibition of embalming by certain persons; certification of embalming

A. ONLY A LICENSED EMBALMER, A LICENSED INTERN, A REGISTERED EMBALMER'S ASSISTANT, A REGISTERED APPRENTICE EMBALMER OR A STUDENT WHO ASSISTS A LICENSED EMBALMER IN THE EMBALMING OF DEAD HUMAN BODIES PURSUANT TO SECTION 32-1337 SHALL EMBALM A DEAD HUMAN BODY. A LICENSED INTERN, REGISTERED APPRENTICE EMBALMER OR STUDENT MAY ONLY EMBALM A DEAD HUMAN BODY UNDER THE DIRECT SUPERVISION OF A LICENSED EMBALMER.

B. A LICENSED EMBALMER WHO EMBALMS OR SUPERVISES THE EMBALMING OF A DEAD HUMAN BODY SHALL CERTIFY THE EMBALMING WITH THE EMBALMER'S SIGNATURE AND LICENSE NUMBER.

32-1362. Enucleation of eyes by licensed embalmers

AN EMBALMER WHO IS LICENSED IN THIS STATE MAY ENUCLEATE THE EYES OF A DEAD HUMAN BODY FOR THE PURPOSES SPECIFIED IN AND PURSUANT TO TITLE 36, CHAPTER 7, ARTICLE 3 IF THE EMBALMER HAS COMPLETED A COURSE IN EYE ENUCLEATION APPROVED BY THE ARIZONA ALLOPATHIC BOARD OF MEDICAL EXAMINERS.

32-1363. Use of funeral director title; unlawful use

A. A PERSON WHO IS LICENSED AS A FUNERAL DIRECTOR UNDER ARTICLE 2 OF THIS CHAPTER SHALL BE KNOWN AS A "FUNERAL DIRECTOR", "UNDERTAKER" OR "MORTICIAN" OR ANY OTHER TITLE THAT CLEARLY INDICATES THAT THE PERSON IS ENGAGED IN THE BUSINESS OF FUNERAL DIRECTING.

B. IT IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED AS A FUNERAL DIRECTOR UNDER ARTICLE 2 OF THIS CHAPTER TO PRACTICE FUNERAL DIRECTING OR TO ADVERTISE IN A MANNER OR ASSUME ANY TITLE THAT WOULD IMPLY THAT THE PERSON IS ENGAGED IN THE BUSINESS OF FUNERAL DIRECTING.

32-1364. Crimes against the dead; classification

A. IT IS UNLAWFUL FOR A PERSON, WITHOUT THE AUTHORITY OF LAW OR AS NORMALLY REQUIRED TO STORE, PREPARE, DISINFECT OR EMBALM A DEAD HUMAN BODY ACCORDING TO STANDARDS OF PRACTICE IN THE FUNERAL INDUSTRY, TO MUTILATE A DEAD HUMAN BODY.

B. IT IS UNLAWFUL FOR A PERSON, WITHOUT THE AUTHORITY OF LAW, TO DISINTER OR REMOVE A DEAD HUMAN BODY OR ANY PART OF A DEAD HUMAN BODY FROM ITS SEPULCHER, GRAVE OR OTHER INTERMENT SITE, OR FROM THE PLACE WHERE THE BODY IS AWAITING DISPOSITION, WITH MALICE OR WANTONNESS OR WITH THE INTENT TO SELL OR DISSECT THE BODY.

C. IT IS UNLAWFUL FOR A PERSON, WITHOUT THE AUTHORITY OF LAW, TO OBTAIN OR CONVERT PROPERTY THAT IS LOCATED WITH OR AFFIXED TO A DEAD HUMAN BODY OR ANY PART OF A DEAD HUMAN BODY WITH THE INTENT TO DEPRIVE THE DECEDENT OR THE DECEDENT'S ESTATE OF THE PROPERTY.

D. IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN NECROPHILIA. A PERSON ENGAGES IN NECROPHILIA BY:

1. HAVING SEXUAL INTERCOURSE WITH A DEAD HUMAN BODY.

2. HAVING SEXUAL CONTACT WITH A DEAD HUMAN BODY, OTHER THAN THE CONTACT NORMALLY REQUIRED TO STORE, PREPARE, DISINFECT OR EMBALM A DEAD HUMAN BODY ACCORDING TO STANDARDS OF PRACTICE IN THE FUNERAL INDUSTRY.

E. FOR THE PURPOSES OF SUBSECTION D:

1. "SEXUAL CONTACT" MEANS ANY DIRECT OR INDIRECT TOUCHING, INCLUDING ORAL CONTACT, FONDLING OR MANIPULATING OF ANY PART OF THE GENITALS, ANUS OR FEMALE BREAST BY ANY PART OF THE BODY OR BY ANY OBJECT.

2. "SEXUAL INTERCOURSE" MEANS PENETRATION INTO THE VULVA OR ANUS BY ANY PART OF THE BODY OR BY ANY OBJECT OR MASTURBATORY CONTACT WITH THE PENIS OR VULVA.

F. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 4 FELONY.

32-1365. Violations; classification

A. IT IS UNLAWFUL:

1. FOR AN EMBALMER OR EMBALMER'S ASSISTANT WHO KNOWS OR SHOULD KNOW OF A FACT THAT IS SUFFICIENT TO RAISE SUSPICION OF A CRIME RELATED TO THE CAUSE OF DEATH OR A CRIME AGAINST A DEAD HUMAN BODY TO EMBALM A DEAD HUMAN BODY WITHOUT THE PERMISSION OF THE COUNTY MEDICAL EXAMINER OR ANY OTHER PROPER OFFICIAL IN WHOSE JURISDICTION THE EMBALMING IS TO BE PERFORMED.

2. TO DISINTER A DEAD HUMAN BODY FOR REMOVAL TO ANY LOCATION OTHER THAN THE ORIGINAL CEMETERY OF BURIAL EXCEPT UNDER THE DIRECTION OF A LICENSED FUNERAL DIRECTOR.

3. TO USE, FOR BURIAL PURPOSES, A CASKET PREVIOUSLY USED AS A RECEPTACLE FOR THE BURIAL OR OTHER DISPOSITION OF A DEAD HUMAN BODY.

4. TO SELL A CASKET THAT HAS BEEN USED FOR RENTAL PURPOSES UNLESS FULLY DISCLOSED IN WRITING TO THE PURCHASER AND AT LEAST THE PILLOW AND THE MATTRESS HAVE BEEN REPLACED.

5. FOR A FUNERAL DIRECTOR OR EMBALMER, OR AN AGENT OF A FUNERAL DIRECTOR OR EMBALMER, AFTER A DEATH OR WHILE A DEATH IS IMPENDING, TO KNOWINGLY PAY, OFFER TO PAY OR CAUSE TO BE PAID, DIRECTLY OR INDIRECTLY, A SUM OF MONEY OR ANY OTHER VALUABLE CONSIDERATION FOR SECURING BUSINESS RELATING TO THE DEATH. THIS PARAGRAPH DOES NOT PROHIBIT THE PAYMENT OF COMMISSIONS TO SALESPERSONS AND FUNERAL DIRECTORS WHO ARE EMPLOYED BY A FUNERAL ESTABLISHMENT.

6. TO KNOWINGLY PAY, OFFER TO PAY OR CAUSE TO BE PAID ANY COMMISSION, BONUS, REBATE OR OTHER CONSIDERATION TO A FUNERAL DIRECTOR OR EMBALMER, OR TO AN AGENT OR EMPLOYEE OF A FUNERAL DIRECTOR OR EMBALMER, AS AN INDUCEMENT TO CAUSE A DEAD HUMAN BODY TO BE UNLAWFULLY DISPOSED OF IN A CREMATORY OR CEMETERY OR TO RECOMMEND THE UNLAWFUL DISPOSITION OF A DEAD HUMAN BODY IN A CREMATORY OR CEMETERY.

7. FOR ANY FUNERAL ESTABLISHMENT OR FUNERAL DIRECTOR TO ADVERTISE UNDER ANY NAME THAT TENDS TO MISLEAD THE PUBLIC OR THAT SUFFICIENTLY RESEMBLES THE PROFESSIONAL OR BUSINESS NAME OF ANOTHER LICENSED FUNERAL DIRECTOR OR ESTABLISHMENT AS TO CAUSE CONFUSION OR MISUNDERSTANDING.

B. UNLESS ANOTHER PENALTY IS SPECIFICALLY PROVIDED, A PERSON WHO INTENTIONALLY AND KNOWINGLY VIOLATES ANY PROVISION OF THIS CHAPTER IS GUILTY OF A CLASS 2 MISDEMEANOR.

32-1365.01 . Cremation or other lawful disposition of a dead human body; authorization document; immunity

A. A LEGALLY COMPETENT ADULT MAY PREPARE A WRITTEN STATEMENT DIRECTING THE CREMATION OR OTHER LAWFUL DISPOSITION OF THE LEGALLY COMPETENT ADULT'S OWN REMAINS PURSUANT TO SECTION 36-831. THE WRITTEN STATEMENT MAY BUT NEED NOT BE PART OF THE LEGALLY COMPETENT ADULT'S WILL.

B. THE LEGALLY COMPETENT ADULT WHO IS THE SUBJECT OF A DOCUMENT DESCRIBED IN SUBSECTION A OF THIS SECTION SHALL SIGN AND DATE THE DOCUMENT. THE DOCUMENT SHALL BE NOTARIZED OR WITNESSED IN WRITING BY AT LEAST ONE ADULT WHO AFFIRMS THAT THE NOTARY OR WITNESS WAS PRESENT WHEN THE LEGALLY COMPETENT ADULT SIGNED AND DATED THE DOCUMENT AND THAT THE LEGALLY COMPETENT ADULT APPEARED TO BE OF SOUND MIND AND FREE FROM DURESS AT THE TIME OF EXECUTION OF THE DOCUMENT.

C. A DOCUMENT THAT CONFORMS TO THIS SECTION AUTHORIZES A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT TO CARRY OUT THE WISHES OF THE LEGALLY COMPETENT ADULT WHO IS THE SUBJECT OF THE DOCUMENT. IT IS NOT NECESSARY FOR A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT TO OBTAIN THE CONSENT OR CONCURRENCE OF ANY OTHER PERSON WHEN IT CREMATES OR OTHERWISE PROVIDES FOR THE LAWFUL DISPOSITION OF A DEAD HUMAN BODY PURSUANT TO INSTRUCTIONS CONTAINED IN A DOCUMENT THAT CONFORMS TO THIS SECTION.

D. THIS SECTION DOES NOT MANDATE THAT A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT CREMATE OR OTHERWISE PROVIDE FOR THE LAWFUL DISPOSITION OF A DEAD HUMAN BODY PURSUANT TO THE DOCUMENT UNLESS THE LEGALLY COMPETENT ADULT WHO EXECUTED THE DOCUMENT MADE ANY FINANCIAL ARRANGEMENTS NECESSARY TO EFFECTUATE THE LEGALLY COMPETENT ADULT'S WISHES AS EXPRESSED IN THE DOCUMENT.

E. A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT THAT CREMATES OR OTHERWISE PROVIDES FOR THE LAWFUL DISPOSITION OF A DEAD HUMAN BODY IN GOOD FAITH RELIANCE ON AN APPARENTLY GENUINE DOCUMENT EXECUTED PURSUANT TO THIS SECTION IS IMMUNE FROM CRIMINAL AND CIVIL LIABILITY AND IS NOT SUBJECT TO PROFESSIONAL DISCIPLINE. THE DECISION OF A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT TO CREMATE OR OTHERWISE PROVIDE FOR THE LAWFUL DISPOSITION OF A DEAD HUMAN BODY IN RELIANCE ON A DOCUMENT EXECUTED PURSUANT TO THIS SECTION IS PRESUMED TO BE MADE IN GOOD FAITH.

32-1365.02 . Authorizing agents; consent for cremation, disinterment or embalming

A. EXCEPT AS PROVIDED IN SECTION 32-1365.01 AND IN SUBSECTION E OF THIS SECTION, IT IS UNLAWFUL TO CREMATE OR DISINTER A DEAD HUMAN BODY WITHOUT PRIOR WRITTEN CONSENT OF THE AUTHORIZING AGENT.

B. EXCEPT AS PROVIDED IN SECTION 32-1365.01, IT IS UNLAWFUL TO EMBALM A DEAD HUMAN BODY WITHOUT PRIOR ORAL OR WRITTEN CONSENT OF THE AUTHORIZING AGENT.

C. A FUNERAL ESTABLISHMENT SHALL CREATE A WRITTEN RECORD OF AN ORAL CONSENT GIVEN PURSUANT TO THIS SUBSECTION THAT INCLUDES ALL OF THE FOLLOWING:

1. THE NAME OF THE AUTHORIZING AGENT.

2. THE RELATION OF THE AUTHORIZING AGENT TO THE DECEASED.

3. THE DATE AND TIME THAT CONSENT WAS GIVEN.

4. THE NAME OF THE PERSON WHO OBTAINED THE CONSENT.

5. ANY OTHER INFORMATION REQUIRED BY THE BOARD.

D. IN DETERMINING WHO THE PROPER AUTHORIZING AGENT IS, THE FOLLOWING ORDER OF PREFERENCE GOVERNS:

1. THE SURVIVING SPOUSE.

2. A SURVIVING ADULT CHILD.

3. A SURVIVING PARENT.

4. A SURVIVING ADULT BROTHER OR SISTER.

5. FOR CREMATION OR EMBALMING, ANY OTHER PERSON OR ORGANIZATION THAT IS WILLING TO ASSUME LEGAL AND FINANCIAL RESPONSIBILITY FOR THE CREMATION OR EMBALMING. PREFERENCE UNDER THIS PARAGRAPH SHALL BE GIVEN IN THE FOLLOWING ORDER:

(a) THE EXECUTOR OF THE DECEDENT'S ESTATE.

(b) THE GUARDIAN OF THE DECEDENT AT THE TIME OF DEATH.

E. ON THE ORDER OF A COURT OR A COUNTY MEDICAL EXAMINER, OR A PERSON PERFORMING THE DUTIES OF A COUNTY MEDICAL EXAMINER, A DEAD HUMAN BODY SHALL BE DISINTERED.

F. IF NONE OF THE PERSONS LISTED IN SUBSECTION D IS WILLING OR FINANCIALLY CAPABLE OF PROVIDING FOR THE CREMATION OR EMBALMING OF A DEAD HUMAN BODY, THE PUBLIC FIDUCIARY OR OTHER PERSON WHO IS DESIGNATED BY THE COUNTY IN WHICH A DEATH OCCURS TO HANDLE FUNERAL ARRANGEMENTS MAY ORDER THE CREMATION OR EMBALMING.

G. A FUNERAL ESTABLISHMENT, AN EMPLOYEE OR AGENT OF A FUNERAL ESTABLISHMENT OR A LICENSEE SHALL EXERCISE DUE DILIGENCE TO OBTAIN THE CONSENT REQUIRED PURSUANT TO THIS SECTION FROM THE PROPER AUTHORIZING AGENT.

32-1366. Grounds for disciplinary action

A. AFTER A FORMAL HEARING, THE BOARD MAY DENY OR REFUSE TO RENEW A LICENSE OR REGISTRATION OR MAY TAKE DISCIPLINARY ACTION AGAINST ANY EMBALMER, INTERN, FUNERAL DIRECTOR OR OTHER PERSON LICENSED OR REGISTERED PURSUANT TO ARTICLE 2 OF THIS CHAPTER FOR ANY OF THE FOLLOWING REASONS:

1. COMMISSION OF AN ACT OF UNPROFESSIONAL CONDUCT.

2. REPEATED OR CONTINUING NEGLIGENCE OR ANY OTHER PROFESSIONAL INCOMPETENCE IN THE PRACTICE OF FUNERAL DIRECTING OR EMBALMING.

3. VIOLATION OF ANY PROVISION OF THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER.

4. VIOLATION OF ANY PROVISION OF TITLE 44, CHAPTER 10, ARTICLE 7.

B. AFTER A FORMAL HEARING, THE BOARD MAY DENY OR REFUSE TO RENEW A LICENSE OR TAKE DISCIPLINARY ACTION AGAINST A RESPONSIBLE FUNERAL DIRECTOR FOR A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER BY AN EMPLOYEE OF THE LICENSED FUNERAL ESTABLISHMENT THAT THE RESPONSIBLE FUNERAL DIRECTOR MANAGES.

32-1367. Investigations; initial review; disciplinary proceedings; letters of concern; rehearings

A. THE BOARD SHALL CONDUCT AN INVESTIGATION WHEN IT RECEIVES A WRITTEN COMPLAINT THAT APPEARS TO SHOW THE EXISTENCE OF ANY GROUNDS FOR DISCIPLINARY ACTION UNDER THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER.

B. THE BOARD ON ITS OWN INITIATIVE MAY INVESTIGATE ANY INFORMATION THAT APPEARS TO SHOW THE EXISTENCE OF ANY GROUNDS FOR DISCIPLINARY ACTION UNDER THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER.

C. IF IT APPEARS AFTER AN INITIAL INVESTIGATION THAT GROUNDS FOR DISCIPLINARY ACTION MAY EXIST, THE BOARD MAY EITHER REQUEST AN INFORMAL INTERVIEW WITH THE LICENSEE OR REGISTRANT OR MAY ISSUE A NOTICE OF FORMAL HEARING. IF THE INITIAL INVESTIGATION INDICATES THAT SUSPENSION OTHER THAN A TEMPORARY SUSPENSION IMPOSED PURSUANT TO SUBSECTION D OR REVOCATION OF A LICENSE, REGISTRATION OR ENDORSEMENT MAY BE WARRANTED, THE BOARD SHALL SCHEDULE A FORMAL HEARING.

D. AFTER COMPLETING AN INFORMAL INTERVIEW, THE BOARD MAY TAKE ANY OR ALL OF THE FOLLOWING DISCIPLINARY ACTIONS:

1. ISSUE A LETTER OF CENSURE OR REPRIMAND.

2. IMPOSE PROBATIONARY TERMS AS THE BOARD DEEMS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO REHABILITATE OR EDUCATE THE LICENSEE OR REGISTRANT. PROBATIONARY TERMS IMPOSED PURSUANT TO THIS PARAGRAPH MAY INCLUDE TEMPORARY SUSPENSION OF A LICENSE, REGISTRATION OR ENDORSEMENT FOR A PERIOD OF NOT MORE THAN THIRTY DAYS, RESTRICTION OF THE LICENSEE'S OR REGISTRANT'S RIGHT TO PRACTICE PURSUANT TO THIS CHAPTER AND A REQUIREMENT THAT RESTITUTION BE MADE TO ANY FUNERAL SERVICE CONSUMER OR OTHER PERSON WHO WAS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER. A LICENSEE'S OR REGISTRANT'S FAILURE TO COMPLY WITH ANY PROBATIONARY TERMS IMPOSED PURSUANT TO THIS PARAGRAPH IS CAUSE FOR THE BOARD TO CONSIDER THE ENTIRE CASE AGAINST THE LICENSEE OR REGISTRANT AND ANY OTHER ALLEGED VIOLATIONS OF THIS CHAPTER AT A FORMAL HEARING.

3. IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION.

E. AFTER COMPLETING A FORMAL HEARING, THE BOARD MAY TAKE ANY OR ALL OF THE FOLLOWING DISCIPLINARY ACTIONS:

1. ISSUE A LETTER OF CENSURE OR REPRIMAND.

2. IMPOSE PROBATIONARY TERMS AS THE BOARD DEEMS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO REHABILITATE OR EDUCATE THE LICENSEE OR REGISTRANT. PROBATIONARY TERMS IMPOSED PURSUANT TO THIS PARAGRAPH MAY INCLUDE A REQUIREMENT THAT RESTITUTION BE MADE TO ANY FUNERAL SERVICE CUSTOMER OR OTHER PERSON WHO WAS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER.

3. IMPOSE A CIVIL PENALTY NOT TO EXCEED THREE THOUSAND DOLLARS PER VIOLATION.

4. SUSPEND A LICENSE, REGISTRATION OR ENDORSEMENT.

5. REVOKE A LICENSE, REGISTRATION OR ENDORSEMENT.

F. IF, AS A RESULT OF INFORMATION ASCERTAINED DURING AN INVESTIGATION, INFORMAL INTERVIEW OR FORMAL HEARING, THE BOARD DETERMINES THAT AN ALLEGED VIOLATION OF A PROVISION OF THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER IS NOT SUFFICIENTLY SERIOUS TO WARRANT DISCIPLINARY ACTION, THE BOARD MAY ISSUE A LETTER OF CONCERN TO THE LICENSEE OR REGISTRANT. THE LETTER OF CONCERN SHALL ADVISE THE LICENSEE OR REGISTRANT OF THE POSSIBLE VIOLATION.

G. IF A LICENSEE OR REGISTRANT REFUSES TO PARTICIPATE IN AN INFORMAL INTERVIEW OR A FORMAL HEARING, THE BOARD MAY TAKE ANY OR ALL OF THE DISCIPLINARY ACTIONS LISTED IN SUBSECTIONS D AND E.

H. BEFORE THE BOARD MAY REVOKE OR SUSPEND A LICENSE, REGISTRATION OR ENDORSEMENT, OTHER THAN A TEMPORARY SUSPENSION IMPOSED PURSUANT TO SUBSECTION D, THE BOARD SHALL SERVE NOTICE AND CONDUCT A HEARING IN THE MANNER PRESCRIBED IN TITLE 41, CHAPTER 6.

I. WITHIN TWENTY DAYS AFTER SERVICE OF NOTICE OF A DECISION OF THE BOARD SUSPENDING OR REVOKING A LICENSE, REGISTRATION OR ENDORSEMENT OR IMPOSING A DISCIPLINARY ACTION ON A LICENSEE OR REGISTRANT PURSUANT TO SUBSECTION D OR E, A LICENSEE MAY APPLY FOR A REHEARING OR REVIEW BY FILING A PETITION IN WRITING WITH THE BOARD. WITHIN FIVE DAYS AFTER THE FILING OF THE PETITION, THE BOARD SHALL SERVE NOTICE ON THE COMPLAINANT BY MAILING A COPY OF THE PETITION TO THE COMPLAINANT. THE FILING OF A PETITION FOR A REHEARING OR REVIEW IS A CONDITION PRECEDENT TO THE RIGHT OF APPEAL PROVIDED BY THIS SECTION. THE FILING OF A PETITION FOR A REHEARING OR REVIEW SUSPENDS THE OPERATION OF THE BOARD'S DECISION TO IMPOSE A DISCIPLINARY ACTION AND ALLOWS THE LICENSEE OR REGISTRANT TO CONTINUE TO PRACTICE PENDING A DENIAL OR GRANTING OF THE PETITION AND PENDING THE DECISION OF THE BOARD ON REHEARING IF A REHEARING IS GRANTED. IN ITS ORDER GRANTING OR DENYING A REHEARING, THE BOARD SHALL INCLUDE A STATEMENT OF THE PARTICULAR GROUNDS AND REASONS FOR ITS ACTION AND SHALL SEND IMMEDIATELY, BY CERTIFIED MAIL, A COPY OF THE ORDER TO THE PARTIES. THE BOARD ALSO MAY GRANT A REHEARING ON ITS OWN MOTION IF IT FINDS NEWLY DISCOVERED EVIDENCE OR FOR ANY OTHER REASON THAT JUSTIFIES A RECONSIDERATION OF A MATTER. IF THE BOARD GRANTS A REHEARING, THE BOARD SHALL SET THE MATTER FOR FURTHER HEARING ON DUE NOTICE TO THE PARTIES, GIVEN IN THE MANNER PRESCRIBED BY THIS SECTION FOR NOTICE. WITHIN THIRTY DAYS AFTER SUBMISSION OF THE MATTER ON REHEARING, THE BOARD SHALL RENDER ITS DECISION IN WRITING AND GIVE NOTICE OF THE DECISION IN THE SAME MANNER AS IN THE CASE OF A DECISION RENDERED ON AN ORIGINAL HEARING.

J. ANY PARTY WHO IS AGGRIEVED BY AN ORDER OR DECISION OF THE BOARD MAY APPEAL TO THE SUPERIOR COURT PURSUANT TO TITLE 12, CHAPTER 7, ARTICLE 6.

K. ALL NOTICES THAT THE BOARD IS REQUIRED TO PROVIDE TO ANY PERSON UNDER THIS CHAPTER ARE FULLY EFFECTIVE BY PERSONAL SERVICE OR BY MAILING A COPY OF THE NOTICE BY CERTIFIED MAIL ADDRESSED TO THE PERSON'S LAST KNOWN ADDRESS OF RECORD IN THE BOARD'S FILES. NOTICE BY MAIL IS COMPLETE AT THE TIME OF ITS DEPOSIT IN THE MAIL.

32-1368. Administrative costs

ON ITS DETERMINATION THAT A LICENSEE OR REGISTRANT HAS VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED PURSUANT TO THIS CHAPTER, THE BOARD MAY ASSESS THE LICENSEE OR REGISTRANT ITS ADMINISTRATIVE COSTS AND EXPENSES INCURRED IN CONDUCTING THE INVESTIGATION AND ITS ADMINISTRATIVE COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE INFORMAL INTERVIEW OR FORMAL HEARING. THE BOARD MAY ASSESS THESE ADMINISTRATIVE COSTS AND EXPENSES IN ADDITION TO ANY CIVIL PENALTIES IMPOSED PURSUANT TO SECTION 32-1367. THE BOARD SHALL TRANSMIT ALL MONIES COLLECTED PURSUANT TO THIS SECTION TO THE STATE TREASURER FOR DEPOSIT IN THE BOARD OF FUNERAL DIRECTORS' AND EMBALMERS' FUND TO DEFRAY THE BOARD'S EXPENSES IN CONNECTION WITH DISCIPLINARY INVESTIGATIONS AND HEARINGS. NOTWITHSTANDING SECTION 35-143.01, THESE MONIES MAY BE SPENT ON INVESTIGATIONS AND HEARINGS WITHOUT LEGISLATIVE APPROPRIATION.

32-1369. Cease and desist orders; injunctive relief

A. IN ADDITION TO ALL OTHER REMEDIES, IF IT APPEARS TO THE BOARD, EITHER ON COMPLAINT OR OTHERWISE, THAT ANY PERSON HAS ENGAGED IN OR IS ENGAGING IN ANY ACT, PRACTICE OR TRANSACTION THAT CONSTITUTES A VIOLATION OF THIS CHAPTER, OF TITLE 44, CHAPTER 10, ARTICLE 7 OR OF ANY RULE ADOPTED PURSUANT TO THIS CHAPTER, THE BOARD MAY EITHER:

1. SERVE A CEASE AND DESIST ORDER ON THE PERSON BY CERTIFIED MAIL OR PERSONAL SERVICE REQUIRING THE PERSON TO CEASE AND DESIST IMMEDIATELY FROM ENGAGING IN THE ACT, PRACTICE OR TRANSACTION.

2. APPLY, THROUGH THE ATTORNEY GENERAL OR COUNTY ATTORNEY OF THE COUNTY IN WHICH THE ACT, PRACTICE OR TRANSACTION IS ALLEGED TO HAVE BEEN COMMITTED, TO THE SUPERIOR COURT IN THAT COUNTY FOR AN INJUNCTION RESTRAINING THE PERSON FROM ENGAGING IN THE ACT, PRACTICE OR TRANSACTION OR DOING ANY ACT IN FURTHERANCE OF THE ACT, PRACTICE OR TRANSACTION. ON A PROPER SHOWING, THE COURT SHALL GRANT A TEMPORARY RESTRAINING ORDER, A PRELIMINARY INJUNCTION OR A PERMANENT INJUNCTION WITHOUT BOND. PROCESS IN AN ACTION UNDER THIS PARAGRAPH MAY BE SERVED ON THE DEFENDANT IN ANY COUNTY OF THIS STATE WHERE THE DEFENDANT TRANSACTS BUSINESS OR IS FOUND.

B. THE BOARD SHALL GRANT A HEARING BEFORE THE BOARD TO A PERSON WHO RECEIVES A CEASE AND DESIST ORDER ISSUED BY THE BOARD PURSUANT TO SUBSECTION A, PARAGRAPH 1 WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE ORDER.

C. IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD PURSUANT TO SUBSECTION A, PARAGRAPH 1, THE BOARD SHALL FILE AN ACTION PURSUANT TO SUBSECTION A, PARAGRAPH 2 TO RESTRAIN AND ENJOIN THE PERSON FROM ENGAGING IN THE ACT, PRACTICE OR TRANSACTION. THE COURT IN THE ACTION SHALL PROCEED AS IN OTHER ACTIONS FOR INJUNCTION. IF THE COURT FINDS THAT THE PERSON WILFULLY FAILED TO OBEY A VALID CEASE AND DESIST ORDER ISSUED BY THE BOARD, THE COURT SHALL IMPOSE A CIVIL PENALTY OF AT LEAST TWO HUNDRED FIFTY AND NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION.

Article 3.1. Funeral Practices

32-1371. List of prices of funeral goods and services offered

A. THE BOARD SHALL ADOPT RULES THAT REQUIRE EVERY LICENSEE OR REGISTRANT TO GIVE A STANDARDIZED WRITTEN OR PRINTED PRICE LIST FOR RETENTION TO EACH PERSON WHO PERSONALLY INQUIRES ABOUT FUNERAL ARRANGEMENTS OR PRICES OF FUNERAL GOODS OR SERVICES. A FUNERAL ESTABLISHMENT SHALL OFFER EACH PERSON THE PRICE LIST ON BEGINNING A DISCUSSION EITHER OF FUNERAL ARRANGEMENTS OR OF THE SELECTION OF FUNERAL GOODS OR SERVICES.

B. A PRICE LIST SHALL BE PRESENTED IN AN ACCURATE AND READABLE MANNER IN ORDER TO FACILITATE PRICE COMPARISONS BY FUNERAL SERVICE CONSUMERS.

32-1372. Display of merchandise prices

THE BOARD SHALL ADOPT RULES THAT REQUIRE EACH FUNERAL ESTABLISHMENT TO PLACE A PRICE CARD IN A CONSPICUOUS PLACE WITH EACH CASKET, ALTERNATIVE CONTAINER, OUTER BURIAL CONTAINER OR OTHER ITEM OF FUNERAL GOODS AVAILABLE FOR PURCHASE. A FUNERAL ESTABLISHMENT SHALL PLACE EACH PRICE CARD IN A LOCATION THAT ENABLES A PERSON TO VIEW THE CARD WITHOUT PHYSICALLY HANDLING THE CARD. MERCHANDISE PHOTOGRAPHS MUST HAVE THE PRICE OF THE MERCHANDISE DISPLAYED IN A CONSPICUOUS MANNER.

32-1373. Statement of funeral goods and services

A. A LICENSEE OR REGISTRANT SHALL NOT ENTER INTO A CONTRACT TO FURNISH FUNERAL GOODS OR SERVICES IN CONNECTION WITH THE BURIAL OR OTHER DISPOSITION OF A DEAD HUMAN BODY UNTIL THE LICENSEE OR REGISTRANT HAS FIRST DELIVERED TO THE POTENTIAL PURCHASER A WRITTEN OR PRINTED STATEMENT OF FUNERAL GOODS AND SERVICES THAT CONTAINS THE FOLLOWING INFORMATION, IF THIS INFORMATION IS AVAILABLE AT THE TIME THE CONTRACT IS EXECUTED:

1. THE TOTAL CHARGE FOR THE SERVICES OF THE LICENSEE OR REGISTRANT AND THE USE OF THE FUNERAL ESTABLISHMENT, INCLUDING THE PREPARATION OF THE BODY AND OTHER PROFESSIONAL SERVICES, AND THE CHARGE FOR THE USE OF AUTOMOTIVE AND OTHER NECESSARY EQUIPMENT.

2. AN ITEMIZATION OF CHARGES FOR THE CASKET OR ALTERNATIVE CONTAINER AND ANY OUTER BURIAL CONTAINER.

3. AN ITEMIZATION OF FEES OR CHARGES AND THE TOTAL AMOUNT OF CASH ADVANCES MADE BY THE LICENSEE OR REGISTRANT FOR TRANSPORTATION, FLOWERS, CEMETERY OR CREMATORY CHARGES, NEWSPAPER NOTICES, CLERGY HONORARIUM, TRANSCRIPTS, TELEGRAMS, LONG-DISTANCE TELEPHONE CALLS, MUSIC AND ANY OTHER ADVANCES AUTHORIZED BY THE PURCHASER.

4. THE METHOD OF PAYMENT AND ANY INTEREST CHARGES.

5. AN ITEMIZATION OF ANY FEES OR CHARGES NOT INCLUDED IN PARAGRAPHS 1 THROUGH 4.

6. THE TOTAL AMOUNT OF CHARGES ITEMIZED AND INCLUDED PURSUANT TO THIS SUBSECTION.

B. THE STATEMENT OF FUNERAL GOODS AND SERVICES DELIVERED TO THE POTENTIAL PURCHASER SHALL ALSO CONTAIN A CONSPICUOUS STATEMENT INFORMING THE POTENTIAL PURCHASER THAT A CASKET OR OUTER BURIAL CONTAINER MAY BE PURCHASED AND USED, AT THE OPTION OF THE PURCHASER, IN CONNECTION WITH THE FUNERAL SERVICES AND FINAL DISPOSITION OF HUMAN REMAINS, BUT THAT, EXCEPT AS PROVIDED PURSUANT TO SECTION 36-136, THE PURCHASE OR USE OF CASKETS OR OUTER BURIAL CONTAINERS IS NOT REQUIRED BY LAW.

C. A LICENSEE OR REGISTRANT SHALL NOT BILL OR CAUSE TO BE BILLED ANY ITEM THAT IS REFERRED TO AS A CASH ADVANCED ITEM UNLESS THE NET AMOUNT PAID FOR THE ITEM OR ITEMS BY THE FUNERAL ESTABLISHMENT IS THE SAME AS THE AMOUNT BILLED BY THE FUNERAL ESTABLISHMENT.

D. IF THE CHARGE FOR ANY OF THE ITEMS PRESCRIBED IN THIS SECTION IS NOT KNOWN AT THE TIME THE CONTRACT IS ENTERED INTO, THE LICENSEE OR REGISTRANT SHALL ADVISE THE PURCHASER OF THE CHARGE FOR THE ITEM WITHIN A REASONABLE PERIOD AFTER THE INFORMATION BECOMES AVAILABLE.

E. A FUNERAL DIRECTOR SHALL CERTIFY A STATEMENT OF FUNERAL GOODS AND SERVICES WITH THE FUNERAL DIRECTOR'S LICENSE NUMBER AND SIGNATURE BEFORE CONDUCTING FINAL SERVICES OR WITHIN FIVE DAYS AFTER THE PURCHASER SIGNS THE STATEMENT, WHICHEVER IS EARLIER.

32-1374. Price list requirement; exemption

WHEN A LICENSEE OR REGISTRANT MAKES ARRANGEMENTS BY INTERSTATE TELECOMMUNICATIONS TO PERFORM SERVICES IN THIS STATE WITH ANY PERSON RESIDING OUTSIDE THIS STATE, THE LICENSEE OR REGISTRANT IS NOT REQUIRED TO PROVIDE THE WRITTEN PRICE LIST REQUIRED PURSUANT TO SECTION 32-1371.

32-1375. Price lists; telephone information

A. A LICENSEE OR REGISTRANT SHALL PROVIDE ACCURATE INFORMATION ABOUT THE RETAIL PRICES OF FUNERAL GOODS OR SERVICES READILY AVAILABLE FOR SALE AT THE ESTABLISHMENT AT WHICH THE LICENSEE OR REGISTRANT IS EMPLOYED TO ANY PERSON INQUIRING ABOUT THESE PRICES BY TELEPHONE.

B. IF A PERSON REQUESTS A PRICE LIST BY TELEPHONE, THE ESTABLISHMENT SHALL MAIL A PRICE LIST TO THE CALLER AND MAY CHARGE A REASONABLE POSTAGE AND HANDLING FEE OF NOT MORE THAN TWO DOLLARS.

32-1376. Consumer information pamphlet

A. THE BOARD SHALL PREPARE AND DISTRIBUTE TO FUNERAL ESTABLISHMENTS A CONSUMER INFORMATION PAMPHLET THAT PROVIDES THE FOLLOWING INFORMATION:

1. THE MEANING OF TERMS USED IN FUNERAL ARRANGEMENTS.

2. LEGAL REQUIREMENTS CONCERNING FUNERALS AND THE DISPOSITION OF HUMAN REMAINS.

3. A DESCRIPTION OF ILLEGAL PRACTICES.

4. A DESCRIPTION OF REQUIRED DISCLOSURES TO FUNERAL CONSUMERS.

5. A DESCRIPTION OF THE BOARD'S RESPONSIBILITIES, INCLUDING WHERE COMPLAINTS MAY BE FILED.

6. OTHER RELEVANT INFORMATION.

B. A FUNERAL ESTABLISHMENT SHALL PROVIDE A COPY OF THE CONSUMER INFORMATION PAMPHLET FOR RETENTION TO EACH PERSON WHO PERSONALLY INQUIRES ABOUT FUNERAL ARRANGEMENTS OR FUNERAL GOODS OR SERVICES.

32-1377. Rules; relation to federal trade commission regulations

EXCEPT AS AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE, RULES ADOPTED BY THE BOARD TO IMPLEMENT THIS ARTICLE SHALL BE AT LEAST AS STRINGENT AS FEDERAL TRADE COMMISSION REGULATIONS RELATING TO FUNERAL INDUSTRY PRACTICES AS AUTHORIZED BY THE FEDERAL TRADE COMMISSION ACT AS AMENDED AND IN EFFECT ON JULY 19, 1994 (16 CODE OF FEDERAL REGULATIONS PART 453).

article 4. Licensing and regulation of funeral establishments

32-1381. License requirement

A PERSON SHALL NOT ADVERTISE OR OPERATE FOR COMPENSATION A FUNERAL ESTABLISHMENT WITHOUT FIRST OBTAINING A FUNERAL ESTABLISHMENT LICENSE OR AN INTERIM PERMIT ISSUED BY THE BOARD.

32-1382. Funeral establishment requirements; responsible funeral director

A. A FUNERAL ESTABLISHMENT LICENSED PURSUANT TO THIS ARTICLE SHALL:

1. PROVIDE SEPARATE ROOMS FOR EACH OF THE FOLLOWING:

( a ) AN AREA INSIDE THE ESTABLISHMENT THAT MAY BE USED AS A CHAPEL FOR CONDUCTING FUNERAL SERVICES.

( b ) A PREPARATION ROOM MEETING MINIMUM REQUIREMENTS ADOPTED BY THE BOARD THAT IS MAINTAINED AT ALL TIMES IN A SANITARY AND PROFESSIONAL MANNER, WITH SANITARY FLOORING, DRAINAGE AND VENTILATION AND THAT IS EQUIPPED WITH INSTRUMENTS AND SUPPLIES NECESSARY FOR THE PROTECTION OF THE HEALTH AND SAFETY OF THE PUBLIC AND EMPLOYEES OF THE ESTABLISHMENT IN CONNECTION WITH THE PREPARATION AND EMBALMING OF DEAD HUMAN BODIES. NOTHING PROHIBITS THE EMBALMING OF A BODY AT A CENTRAL LOCATION.

( c ) A DISPLAY AREA FOR DISPLAYING FUNERAL GOODS OR THE DISPLAY OF FUNERAL GOODS BY PHOTOGRAPH OR ELECTRONIC MEANS.

2. PROVIDE ACCESS TO HEARSES OR FUNERAL COACHES THAT ARE PROPERLY EQUIPPED FOR THE TRANSPORTATION OF DEAD HUMAN BODIES AND THAT ARE KEPT IN A SANITARY AND PROFESSIONAL MANNER.

3. EMPLOY AND DESIGNATE A RESPONSIBLE FUNERAL DIRECTOR TO MANAGE THE DAILY OPERATION OF THE FUNERAL ESTABLISHMENT. THE RESPONSIBLE FUNERAL DIRECTOR IS RESPONSIBLE FOR THE FUNERAL ESTABLISHMENT COMPLYING WITH THE LAWS OF THIS STATE AND THE RULES OF THE BOARD. THE ESTABLISHMENT OR THE RESPONSIBLE FUNERAL DIRECTOR SHALL DESIGNATE A LICENSED FUNERAL DIRECTOR TO ACT AS AN INTERIM RESPONSIBLE FUNERAL DIRECTOR.

B. ALL EMPLOYEES OF A FUNERAL ESTABLISHMENT WHO HANDLE DEAD HUMAN BODIES SHALL USE UNIVERSAL PRECAUTIONS AND SHALL EXERCISE REASONABLE CARE TO MINIMIZE THE RISK OF TRANSMITTING ANY COMMUNICABLE DISEASE FROM A DEAD HUMAN BODY.

32-1383. Application; qualifications for licensure

A. AN APPLICANT FOR A FUNERAL ESTABLISHMENT LICENSE SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE BOARD. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY THE APPLICABLE FEE PURSUANT TO SECTION 32-1309 AND ANY ADDITIONAL INFORMATION THAT THE BOARD DEEMS NECESSARY. A BUSINESS ENTITY THAT APPLIES FOR A LICENSE PURSUANT TO THIS ARTICLE SHALL SUBMIT TO THE BOARD WITH ITS APPLICATION FOR LICENSURE A COPY OF ITS PARTNERSHIP AGREEMENT, ITS ARTICLES OF INCORPORATION OR ANY OTHER ORGANIZATIONAL DOCUMENTS.

B. A PERSON WHO APPLIES FOR A LICENSE PURSUANT TO THIS ARTICLE, OR IF THE APPLICANT IS A BUSINESS ENTITY, THE PROPRIETORS, PARTNERS, OFFICERS AND DIRECTORS OF THE ENTITY SHALL:

1. BE OF GOOD MORAL CHARACTER.

2. SUBMIT A COMPLETED FINGERPRINT CARD, CRIMINAL HISTORY BACKGROUND INFORMATION AND A FINGERPRINT BACKGROUND CHECK FEE TO THE BOARD.

C. THE BOARD OR THE BOARD'S DESIGNEE SHALL INSPECT THE PREMISES OF A FUNERAL ESTABLISHMENT AND INVESTIGATE THE CHARACTER AND OTHER QUALIFICATIONS OF ALL APPLICANTS FOR LICENSURE.

D. IF THE BOARD FINDS THAT THE APPLICANT MEETS THE CRITERIA FOR LICENSURE UNDER THIS ARTICLE AND RULES ADOPTED BY THE BOARD, THE BOARD SHALL ISSUE AN ESTABLISHMENT LICENSE.

32-1384. Multiple funeral director license

A. AN APPLICANT FOR A LICENSE AS A FUNERAL DIRECTOR WHO IS PROPOSING TO MANAGE AND SUPERVISE THE OPERATIONS OF MORE THAN ONE FUNERAL ESTABLISHMENT SHALL APPLY ON A FORM PRESCRIBED BY THE BOARD AND THE APPLICATION SHALL BE ACCOMPANIED BY THE PRESCRIBED FEE FOR THE ADDITIONAL ESTABLISHMENT.

B. THE BOARD SHALL REVIEW THE APPLICATION FOR A MULTIPLE FUNERAL DIRECTOR LICENSE, AND, IF IT IS REASONABLE TO BELIEVE THAT THE FUNERAL ESTABLISHMENTS CAN BE ADEQUATELY SUPERVISED AND MANAGED BY THE APPLICANT, THE BOARD SHALL ISSUE THE LICENSE.

C. A FUNERAL DIRECTOR WHO HOLDS A MULTIPLE FUNERAL DIRECTOR LICENSE SHALL DISPLAY THE LICENSE AT THE ESTABLISHMENT TO WHICH THE LICENSE IS ISSUED. UNLESS OTHERWISE STATED IN THIS ARTICLE, A MULTIPLE FUNERAL DIRECTOR LICENSE IS RENEWABLE AT THE SAME TIME AS THE ESTABLISHMENT LICENSE. A MULTIPLE FUNERAL DIRECTOR LICENSE IS NOT TRANSFERABLE WITHOUT PRIOR APPROVAL OF THE BOARD.

32-1385. Retention of records

A FUNERAL ESTABLISHMENT SHALL MAINTAIN COPIES OF CONSUMER PRICE LISTS, OUTER BURIAL CONTAINER PRICE LISTS, CASKET PRICE LISTS, STATEMENTS OF FUNERAL GOODS AND SERVICES AND ANY OTHER DOCUMENTS RELATED TO THE ARRANGEMENT OR DIRECTION OF FUNERAL OR EMBALMING SERVICES FOR THREE YEARS AFTER THE DATE THAT THE DOCUMENTS WERE PREPARED BY OR ON BEHALF OF THE ESTABLISHMENT.

32-1386. Renewal of funeral establishment licenses

A. A FUNERAL ESTABLISHMENT LICENSE ISSUED PURSUANT TO THIS ARTICLE EXPIRES ON AUGUST 1 OF EACH YEAR.

B. A LICENSED FUNERAL ESTABLISHMENT SHALL SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE PURSUANT TO SECTION 32-1309 ON OR BEFORE JULY 1 OF EACH YEAR. A LICENSE RENEWAL FEE IS NONREFUNDABLE.

C. A LICENSED FUNERAL ESTABLISHMENT THAT SUBMITS A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE AFTER JULY 1 BUT BEFORE AUGUST 1 SHALL PAY A LATE FEE PURSUANT TO SECTION 32-1309 IN ADDITION TO THE RENEWAL FEE.

D. A LICENSED FUNERAL ESTABLISHMENT THAT FAILS TO SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE FEE ON OR BEFORE AUGUST 1 SHALL APPLY FOR A NEW LICENSE PURSUANT TO THIS ARTICLE.

32-1387. Display of license

A FUNERAL ESTABLISHMENT SHALL DISPLAY ITS LICENSE AT THE ESTABLISHMENT TO WHICH THE LICENSE WAS ISSUED IN A LOCATION THAT ENABLES ANY MEMBER OF THE PUBLIC WHO ENTERS THE FUNERAL ESTABLISHMENT TO OBSERVE AND READ THE LICENSE.

32-1388. Nontransferability of funeral establishment licenses; change of ownership; interim permits; definition

A. A FUNERAL ESTABLISHMENT LICENSE ISSUED BY THE BOARD IS NOT TRANSFERABLE OR SUBJECT TO SALE OR ASSIGNMENT, WHETHER BY VOLUNTARY OR INVOLUNTARY PROCESS.

B. WHEN THERE IS A CHANGE OF OWNERSHIP OF A FUNERAL ESTABLISHMENT, THE LICENSEE SHALL NOTIFY THE BOARD IN WRITING AND SHALL SURRENDER THE LICENSE TO THE BOARD WITHIN TWENTY DAYS AFTER THE CHANGE OF OWNERSHIP. THE NEW OWNER SHALL ALSO NOTIFY THE BOARD IN WRITING WITHIN TWENTY DAYS AFTER THE CHANGE OF OWNERSHIP AND SHALL SUBMIT AN APPLICATION FOR A FUNERAL ESTABLISHMENT LICENSE TO THE BOARD PURSUANT TO SECTION 32-1383.

C. THE BOARD SHALL ISSUE AN INTERIM PERMIT TO A NEW OWNER OF A LICENSED FUNERAL ESTABLISHMENT TO ALLOW THE NEW OWNER TO CONTINUE THE OPERATION OF THE ESTABLISHMENT DURING THE PERIOD THAT THE NEW OWNER'S LICENSE APPLICATION IS PENDING IF THE FOLLOWING CONDITIONS ARE MET:

1. THE NEW OWNER NOTIFIES THE BOARD OF THE CHANGE OF OWNERSHIP AND SUBMITS AN APPLICATION FOR AN INTERIM PERMIT AND THE APPLICABLE FEE PURSUANT TO SECTION 32-1309 AT LEAST THREE DAYS, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, AFTER THE CHANGE TAKES PLACE. NOTICE SHALL BE GIVEN DURING REGULAR BUSINESS HOURS.

2. THE FUNERAL ESTABLISHMENT CONTINUES TO MEET THE REQUIREMENTS OF SECTION 32-1382.

D. AN INTERIM PERMIT ISSUED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE FOR NOT MORE THAN FORTY-FIVE DAYS AND SHALL NOT BE EXTENDED EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION. AN INTERIM PERMIT IS A CONDITIONAL PERMIT AND AUTHORIZES THE HOLDER TO OPERATE A FUNERAL ESTABLISHMENT AS WOULD BE PERMITTED UNDER A FUNERAL ESTABLISHMENT LICENSE ISSUED PURSUANT TO THIS ARTICLE. THE HOLDER OF AN INTERIM PERMIT IS SUBJECT TO THE LICENSING RULES AND DISCIPLINARY PROCEEDINGS PRESCRIBED IN THIS CHAPTER AND IN RULES ADOPTED PURSUANT TO THIS CHAPTER.

E. NOTWITHSTANDING SUBSECTION D OF THIS SECTION, FOR GOOD CAUSE SHOWN, THE BOARD MAY EXTEND AN INTERIM PERMIT FOR NOT MORE THAN FORTY-FIVE DAYS.

F. UNTIL AN INTERIM PERMIT IS ISSUED, THE BOARD SHALL KEEP CONFIDENTIAL ALL NOTICES FILED WITH THE BOARD BY THE PROSPECTIVE NEW OWNER OF A LICENSED FUNERAL ESTABLISHMENT PURSUANT TO THIS SECTION.

G. FOR THE PURPOSES OF THIS SECTION, "REGULAR BUSINESS HOURS" MEANS BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M. ON ANY DAY OF THE WEEK OTHER THAN SATURDAY, SUNDAY OR ANY OTHER LEGAL HOLIDAY OR A DAY ON WHICH THE BOARD IS AUTHORIZED OR OBLIGATED BY LAW OR EXECUTIVE ORDER TO CLOSE.

32-1389. Funeral establishments; change of name

THE OWNER OF A LICENSED FUNERAL ESTABLISHMENT SHALL SUBMIT AN APPLICATION ON A FORM PRESCRIBED BY THE BOARD TO CHANGE THE NAME OF THE FUNERAL ESTABLISHMENT. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY THE APPLICABLE FEE PURSUANT TO SECTION 32-1309.

32-1390. Funeral establishments; change of location

THE OWNER OF A LICENSED FUNERAL ESTABLISHMENT SHALL SUBMIT AN APPLICATION ON A FORM PRESCRIBED BY THE BOARD TO CHANGE THE LOCATION OF THE FUNERAL ESTABLISHMENT. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY THE APPLICABLE FEE PURSUANT TO SECTION 32-1309. BEFORE THE BOARD APPROVES A REQUEST FOR A CHANGE OF LOCATION PURSUANT TO THIS SECTION, THE OWNER SHALL DEMONSTRATE THAT THE NEW LOCATION MEETS THE REQUIREMENTS OF SECTION 32-1382.

32-1390.01. Funeral establishments; disciplinary action

A. THE BOARD MAY DENY OR REFUSE TO RENEW THE LICENSE OF A FUNERAL ESTABLISHMENT OR MAY TAKE DISCIPLINARY ACTION AGAINST A FUNERAL ESTABLISHMENT FOR ANY OF THE FOLLOWING REASONS:

1. FRAUD OR MISREPRESENTATION IN OBTAINING A LICENSE.

2. FAILURE TO EMPLOY AND DESIGNATE A RESPONSIBLE FUNERAL DIRECTOR.

3. THE DISPLAY OR USE OF A FUNERAL ESTABLISHMENT LICENSE AT ANY PLACE OTHER THAN THE ESTABLISHMENT TO WHICH IT IS ISSUED.

4. A VIOLATION OF ANY PROVISION OF TITLE 44, CHAPTER 10, ARTICLE 7.

5. A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR A RULE ADOPTED PURSUANT TO THIS CHAPTER.

6. AN ACT BY AN AGENT OR AN EMPLOYEE OF A FUNERAL ESTABLISHMENT THAT VIOLATES ANY PROVISION OF THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER.

B. IF THE BOARD FINDS THAT A FUNERAL ESTABLISHMENT HAS COMMITTED AN OFFENSE LISTED IN SUBSECTION A, IT MAY REVOKE THE LICENSE OF THE ESTABLISHMENT PURSUANT TO A DISCIPLINARY PROCEEDING. IF THE BOARD SUSPENDS A FUNERAL ESTABLISHMENT LICENSE AFTER FINDING THAT THE ESTABLISHMENT COMMITTED AN OFFENSE LISTED IN SUBSECTION A, THE BOARD SHALL NOT SUSPEND THE LICENSE FOR MORE THAN NINETY DAYS FOR A FIRST OFFENSE OR MORE THAN ONE HUNDRED EIGHTY DAYS FOR A SECOND OFFENSE.

32-1390.02. Funeral establishments; disciplinary proceedings

ARTICLE 3 OF THIS CHAPTER AND RULES ADOPTED PURSUANT TO ARTICLE 3 OF THIS CHAPTER GOVERN DISCIPLINARY PROCEEDINGS BROUGHT AGAINST A FUNERAL ESTABLISHMENT.

Sec. 3. Repeal

Section 32-1391 , Arizona Revised Statutes, is repealed.

Sec. 4. Section 32-1391.01, Arizona Revised Statutes, is amended to read:

32-1391.01 . Powers and duties of board

A. The board shall adopt rules which THAT :

1. Describe or define deceptive, misleading or professionally negligent practices concerning the offer or sale of prearranged funerals FUNERAL AGREEMENTS FUNDED BY TRUST and the handling of trust THESE funds or accounts.

2. Implement and interpret consumer disclosure requirements of this article to provide adequate information to purchasers of prearranged funerals.

3. Prescribe funeral establishment record keeping requirements concerning prearranged funeral TRUST sales and trust accounts and the handling and disposition of trust funds.

4. Define terms and develop forms and procedures to implement this article.

B. The board shall enter into an intergovernmental agreement with the state banking department to examine and report on prearranged funeral trust accounts of funeral establishments and to review prearranged funeral TRUST sales and trust account forms and procedures used by funeral establishments.

Sec. 5. Renumber

Sections 32-1391.02 through 32-1391.17, Arizona Revised Statutes, are renumbered as sections 32-1391.03 through 32-1391.18, respectively.

Sec. 6. Title 32, chapter 12, article 5, Arizona Revised Statutes, is amended by adding a new section 32-1391.02, to read:

32-1391.02 . Prearranged funeral agreements; restrictions on sales

A. A PERSON SHALL NOT ENTER INTO A PREARRANGED FUNERAL AGREEMENT OTHER THAN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT TO THIS ARTICLE.

B. THE BOARD SHALL ADOPT RULES THAT REQUIRE EVERY FUNERAL ESTABLISHMENT THAT SELLS PREARRANGED FUNERAL AGREEMENTS TO GIVE A STANDARDIZED WRITTEN OR PRINTED PRICE LIST FOR RETENTION TO EACH PERSON WHO PERSONALLY INQUIRES ABOUT PREARRANGED FUNERAL AGREEMENTS. ON BEGINNING A DISCUSSION REGARDING PREARRANGED FUNERAL AGREEMENTS, A REGISTERED PREARRANGED FUNERAL SALESPERSON OR A LICENSED INSURANCE AGENT WHO A FUNERAL ESTABLISHMENT EMPLOYS OR CONTRACTS WITH TO SELL PREARRANGED FUNERAL AGREEMENTS FUNDED BY INSURANCE SHALL PRESENT THE PRICE LIST TO THE CONSUMER. THE LIST SHALL BE PRESENTED IN AN ACCURATE AND READABLE MANNER IN ORDER TO FACILITATE PRICE COMPARISONS BY CONSUMERS.

C. A PREARRANGED FUNERAL AGREEMENT SHALL BE FUNDED BY INSURANCE OR TRUST. A FUNERAL ESTABLISHMENT OR AN AGENT OR EMPLOYEE OF A FUNERAL ESTABLISHMENT SHALL NOT ACCEPT PAYMENT FOR OR AGREE TO ENTER INTO ANY PREARRANGED FUNERAL AGREEMENT UNLESS THE NAME OF A LICENSED FUNERAL ESTABLISHMENT APPEARS ON THE STATEMENT OF GOODS AND SERVICES USED IN CONNECTION WITH THE AGREEMENT AND ONE OF THE FOLLOWING IS TRUE:

1. IF THE AGREEMENT IS A PREARRANGED FUNERAL AGREEMENT FUNDED BY INSURANCE, THE FUNERAL ESTABLISHMENT EMPLOYS OR CONTRACTS WITH INSURANCE AGENTS WHO ARE LICENSED PURSUANT TO TITLE 20 TO SELL THE FUNERAL AGREEMENT.

2. IF THE AGREEMENT IS A PREARRANGED FUNERAL AGREEMENT FUNDED BY TRUST, THE ESTABLISHMENT HAS BEEN ISSUED A PREARRANGED FUNERAL SALES ENDORSEMENT TO ITS LICENSE AND THE SALESPERSON HAS BEEN ISSUED A PREARRANGED FUNERAL SALESPERSON REGISTRATION BY THE BOARD ALLOWING THE ESTABLISHMENT AND THE PERSON TO SELL PREARRANGED FUNERAL AGREEMENTS FUNDED BY TRUST.

3. IF THE AGREEMENT IS A PAYABLE ON DEATH ACCOUNT, THE ACCOUNT IS NOT UNDER THE CONTROL OF THE ESTABLISHMENT. A FUNERAL ESTABLISHMENT OR AN AGENT OR EMPLOYEE OF A FUNERAL ESTABLISHMENT SHALL NOT ACCEPT A DEPOSIT FOR A PAYABLE ON DEATH ACCOUNT.

Sec. 7. Section 32-1391.03, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.03 . State banking department powers and duties; prearranged funeral trust accounts

A. The state banking department shall determine all of the following in its examinations of prearranged funeral trust accounts:

1. The names and addresses of purchasers of prearranged funerals and the amount each purchaser paid to the funeral establishment.

2. The location and status of all monies received.

3. The total amount in trust accounts.

4. Whether a funeral establishment is complying with this article and rules adopted pursuant to this article.

5. Whether a funeral establishment is following recognized accounting procedures for prearranged funeral trust accounts and handling monies received from prearranged funeral sales.

B. The state banking department shall:

1. Conduct examinations on a random basis or in connection with an investigation pursuant to procedures established by the board.

2. Examine the prearranged funeral TRUST accounts of each funeral establishment at least once within the first twelve months after it begins to sell prearranged funerals and at least once every three years thereafter.

3. Include prearranged funeral trust accounts established before January 1, 1985 in its examinations.

C. The state banking department may examine and investigate prearranged funeral trust accounts pursuant to title 6, chapter 1, article 3 and pursuant to the powers of the board concerning prearranged funeral sales and trust accounts.

D. If the state banking department determines after investigation or examination of a prearranged funeral TRUST account that a violation of any provision of this article has occurred, it shall send a written report to the board within thirty days of completion of the investigation or examination which includes an identification of the violation and any relevant documents.

E. The state banking department shall assess each funeral establishment at the rate of not to exceed five hundred twenty dollars per day for each examiner employed in the examination of the establishment's prearranged funeral TRUST accounts pursuant to the requirements of this section.

Sec. 8. Section 32-1391.04, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.04 . Prearranged funeral trust accounts; books and records; inspection and examination

A. All funeral establishments and financial institutions shall, on request of the state banking department, make their prearranged funeral TRUST account books and records available for inspection and examination by the state banking department.

B. All financial institutions with trust funds deposited pursuant to this article shall at least quarterly send a copy to the state banking department of each cancellation request or death certificate it has received which resulted in a withdrawal of funds from the trust account.

C. A financial institution shall have no legal duty to inquire about the disbursement of any trust funds deposited pursuant to this article if the financial institution has received the properly executed notifications or certifications required by this article.

D. A financial institution or funeral establishment operating according to the trust provisions established in this article shall not be considered in the trust business under title 6, chapter 8.

Sec. 9. Section 32-1391.05, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.05 . Prearranged funeral agreements funded by trusts

A. All monies paid under a prearranged funeral agreement FUNDED BY TRUST shall be deposited, within five business days after the receipt of the monies, in a prearranged funeral trust account with a financial institution doing business in this state. The account shall be invested either in federally insured deposits, in which case the amounts so deposited shall not exceed the amount of the deposit insurance, or in direct obligations of the United States government. Federally insured deposits are defined as deposits insured by the federal deposit insurance corporation , the federal savings and loan insurance corporation or the national credit union administration board. If invested in direct obligations of the United States government, the maturity dates of such obligations shall not exceed three years, unless rules adopted by the superintendent of banks permit a longer period and not less than five per cent of the amounts so deposited shall at all times be deposited in federally insured deposits.

B. Except as provided in this article:

1. All monies deposited in a prearranged funeral trust account and all accrued interest shall be held in the trust account for and remain the property of the beneficiary during his THE BENEFICIARY'S life and his OF THE BENEFICIARY'S estate at AFTER THE BENEFICIARY'S death.

2. A funeral establishment or another person shall not withdraw, transfer, remove, commingle, encumber or use as collateral any portion of MONIES PAID TO THE ESTABLISHMENT UNDER a prearranged funeral trust account AGREEMENT FUNDED BY TRUST .

3. All monies deposited and accrued interest in a prearranged funeral trust account shall be exempt from attachment, garnishment, execution and claims of creditors, receivers and trustees of the funeral establishment other than the claims of the beneficiary or his THE BENEFICIARY'S estate.

4. All monies deposited and accrued interest in a prearranged funeral trust account up to a total of two FIVE thousand dollars shall be exempt from attachment, garnishment, execution and claims of creditors, receivers and trustees of the beneficiary other than the claims of the funeral establishment.

C. A funeral establishment may direct the financial institution in which the trust monies are deposited to transfer the trust account to another financial institution after providing each participant in the trust with the name and location of the institution and the new trust account number.

Sec. 10. Section 32-1391.06, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.06 . Service fees; prearranged funeral agreements funded by trust

A. A funeral establishment may charge an initial service fee when a person enters into a prearranged funeral agreement FUNDED BY TRUST of not to exceed fifteen per cent of the total amount agreed to be paid by the purchaser pursuant to the prearranged funeral agreement. If the amount to be paid by the purchaser is to be paid in installments, no more than one-half of any payment made by the purchaser may be applied to the initial service fee. If the agreement is canceled prior to the completion of the agreement, any portion of the initial service fee which THAT has not yet been paid under the agreement is no longer due and payable to the establishment. That THE portion of any payment by the purchaser which THAT is to be applied to the initial service fee shall be paid to the funeral establishment and not to the trust account.

B. A funeral establishment may charge an annual service fee of not to exceed ten per cent of the interest which THAT has accrued on the trust funds during the preceding calendar year. After each calendar year while a prearranged funeral agreement FUNDED BY TRUST is in effect a financial institution may release a portion of the trust funds equal to the annual service fee on receipt of a certificate of entitlement to an annual service fee from the funeral establishment.

C. The funeral establishment may direct the financial institution to pay, from time to time, from the monies in the trust account, any taxes which THAT have accrued by reason of the income earned from funds deposited in the trust account. The payment may be made directly to the taxing authority or to the beneficiary of the trust account on the proper showing by the beneficiary that he THE BENEFICIARY has paid the taxes. A financial institution may withdraw funds from the trust account, as previously agreed in writing, to pay reasonable and necessary charges for the administrative and investment management services provided by the financial institution.

Sec. 11. Section 32-1391.07, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.07 . Cancellation; prearranged funeral agreements funded by trust

A. If a funeral establishment receives a written request from a purchaser of a prearranged funeral agreement FUNDED BY TRUST to terminate the agreement and refund the trust funds, the funeral establishment shall refund the remaining trust funds to the purchaser within five business days after it receives the request. A financial institution shall release the trust funds to the funeral establishment on receipt of a cancellation request signed by the purchaser and submitted by the funeral establishment. If the beneficiary is deceased, a written request to terminate the agreement may be submitted to the funeral establishment by the person designated on the prearranged funeral agreement , or if that person is not available, then a request may be submitted by the person legally responsible for the beneficiary.

B. If a request to terminate the agreement is received from the purchaser within three business days after the execution of the agreement, the funeral establishment shall , within five business days after receiving the request, refund all monies paid under the agreement including the full amount of any initial service fee paid by the purchaser.

Sec. 12. Section 32-1391.08, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.08 . Prearranged funeral agreements funded by trust; death of beneficiary

A. After the death of a beneficiary of a prearranged funeral agreement FUNDED BY TRUST , the financial institution shall release a portion of the remaining trust funds equal to the funeral establishment's charges for funeral goods and services for the beneficiary's funeral arrangement to the funeral establishment on receipt of the beneficiary's certified death certificate and a certificate from the funeral establishment stating that it provided the requested funeral goods and services and stating the total charges for those goods and services.

B. After the death of a beneficiary of a fixed price prearranged funeral agreement FUNDED BY TRUST , the financial institution may release a portion of the trust funds equal to the funeral establishment's charges for the beneficiary's funeral arrangements and all then accrued interest on the trust funds to the funeral establishment on receipt of the beneficiary's certified death certificate and a certificate from the establishment stating that it provided the requested funeral goods and services and , STATING that the establishment agreed to fix the prices of those goods and services and the purchaser agreed to convey the accrued interest on performance of the funeral arrangements and stating the total charges for those goods and services.

C. If any trust funds remain after disbursement to the funeral establishment, the remaining funds shall be paid to the estate of the beneficiary.

D. If the funeral establishment does not provide funeral goods and services for the beneficiary's funeral arrangements within thirty days after the death of the beneficiary, all remaining trust funds shall be paid immediately to the estate of the beneficiary. This shall not be the exclusive remedy available to the purchaser or the estate of the beneficiary if there has been a breach of contract.

E. If the funeral establishment provides any funeral goods or services to the purchaser or beneficiary before the death of the beneficiary, the provision shall not constitute performance under the prearranged funeral agreement and shall not entitle the funeral establishment to any portion of the trust funds.

Sec. 13. Section 32-1391.09, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.09 . Prearranged funeral agreements funded by trust; consumer disclosures

A. Each prearranged funeral agreement FUNDED BY TRUST shall contain the following conspicuous notice which THAT shall be initialed by the purchaser:

Notice to Purchaser

This prearranged funeral agreement is for the future funeral arrangements of (name of beneficiary) . The payments you make under this prearranged funeral agreement will be deposited in trust account number ____________ at the (office or branch) of the (name of financial institution) . Written notice will be mailed to you if this account is transferred to another financial institution. That notice will include the name and location of the financial institution and the new trust account number. The total monies intended to be deposited in this trust account over the term of the agreement is $______________. An initial service fee of $________ has been charged which will be paid to this funeral establishment. If this agreement is canceled, any portion of the initial service fee which has not been paid under the agreement is no longer due and payable to the establishment. An annual service fee of ________% of the annual accrued interest on the funds in the trust account will also be charged for administrative and accounting expenses. If you wish to cancel this agreement, you must give the funeral establishment a written request to cancel before the trust funds will be refunded. If you cancel this agreement within three business days after signing this agreement, all monies paid, including all service fees, will be refunded to you. If remaining trust funds exist after performance of this agreement, those funds will be refunded to the estate of the beneficiary. The prices of the funeral goods and services you have requested will be the prices in effect at the time of the future funeral arrangements.

Purchaser initials:________

B. A prearranged funeral agreement shall specifically itemize the funeral goods and services to be provided under the agreement and any funeral, burial, cemetery or crematory expenses which THAT are not covered under the agreement.

C. Each fixed price prearranged funeral agreement FUNDED BY TRUST shall contain the following additional conspicuous notice which THAT shall be initialed by the purchaser:

Fixed Price Contract Notice

This funeral establishment has agreed to charge you the prices listed in this agreement for the funeral goods and services you have selected for the future funeral arrangements of (name of beneficiary) . However, you should note that this agreement may be in effect for many years and that future events may affect our ability to honor this agreement at the time of the funeral arrangements. If a funeral item is no longer manufactured or available at the time of the funeral arrangements, a substantially equivalent item acceptable to the person designated on this agreement will be substituted. This agreement should not be considered as insurance. You have agreed that the funeral establishment shall receive ________% of all interest accruing on the trust fund if it performs the future funeral arrangements as required by this agreement. If the funeral establishment does not honor this agreement, you may have legal remedies available to enforce this contract at the price you agreed to pay.

Purchaser initials:________

D. A fixed price prearranged funeral agreement FUNDED BY TRUST shall specifically itemize the funeral goods and services to be provided under the agreement, the current prices to be charged for the goods and services at the time of the future funeral arrangements and any burial, cemetery or crematory expenses which THAT are not covered under the agreement. If certain funeral goods to be provided under the agreement are not manufactured or supplied at the time of the funeral arrangements, the funeral establishment shall provide substantially equivalent funeral goods which THAT are acceptable to the person designated on the agreement or the person legally responsible for final disposition of the beneficiary's remains. Should IF any of these persons ARE not be available UNAVAILABLE , the substitution of funeral goods shall be determined by regulations RULES established by the board. A funeral establishment shall not represent or imply that the agreed to prices are guaranteed, frozen or otherwise an absolute economic certainty in the future. If a funeral establishment specifies the prices to be charged pursuant to this subsection, it shall delete the last sentence of the notice required by subsection A from the agreement.

E. A prearranged funeral agreement FUNDED BY TRUST shall contain all terms of the prearranged funeral trust account agreement with the financial institution.

F. Each funeral establishment shall provide a copy of:

1. The prearranged funeral agreement for retention to each person who enters into a prearranged funeral agreement.

2. Its current price list for retention to each person who inquires about or is solicited regarding a prearranged funeral agreement.

Sec. 14. Section 32-1391.10, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.10 . Waiver of purchaser rights

Purchaser THE rights granted by this article TO PURCHASERS OF PREARRANGED FUNERAL AGREEMENTS FUNDED BY TRUST shall not be abrogated, modified or limited except as provided in this article.

Sec. 15. Section 32-1391.11, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.11 . Prearranged funeral agreements funded by trust; sales; restrictions

It is unlawful for a person to offer or sell prearranged funeral agreements FUNDED BY TRUST unless the person is a registered salesperson or the designated funeral director employed or otherwise engaged by a funeral establishment which THAT has been issued a prearranged funeral sales endorsement to its establishment license.

Sec. 16. Section 32-1391.12, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.12 . Prearranged funeral sales endorsement; requirements; renewal

A. A funeral establishment which THAT desires to offer or sell prearranged funeral agreements FUNDED BY TRUST shall apply to the board for an endorsement to its establishment license. The board shall issue the endorsement if the funeral establishment satisfies the following requirements:

1. Pays the prescribed application fee PURSUANT TO SECTION 32-1309 .

2. Provides the name and address of each person owning ten per cent or more of the common shares or other ownership or beneficial interest in the funeral establishment.

3. Provides the name and address, any prior names or aliases, all prior addresses for the immediately preceding seven year period, and the date and location of birth of any responsible funeral director, manager, officer, owner, trustee or other person controlling the funeral establishment AND who has been convicted of any of the crimes or has been the subject of any of the court actions described in section 10-202, subsection D, paragraph 1, subdivisions (a), (b) and (c).

4. Delivers a corporate surety bond in favor of this state, executed by a surety company authorized to do business in this state, in the amount THAT IS prescribed by the board which AND THAT is recoverable by this state for the benefit of any person injured by a violation of this article. The board shall establish, in its rules, a separate bond requirement amount for each of the following:

(a) Funeral establishments which THAT sold fewer than one hundred prearranged funeral agreements FUNDED BY TRUST during the immediately preceding calendar year.

(b) Funeral establishments which THAT sold one hundred or more but fewer than two hundred fifty prearranged funeral agreements FUNDED BY TRUST during the immediately preceding calendar year.

(c) Funeral establishments which THAT sold two hundred fifty or more prearranged funeral agreements FUNDED BY TRUST during the immediately preceding calendar year.

Bond amount requirements established by the board shall not be less than fifteen thousand dollars or more than fifty thousand dollars for each establishment , except THAT as each salesperson is registered by the board, the funeral establishment shall increase its bond by an additional five thousand dollars during the employment of that salesperson.

5. Provides the full name and address of the funeral director designated by the establishment to offer or sell prearranged funerals and all of the following:

(a) A recent photograph of the designated funeral director.

(b) Any prior names or aliases used by the designated funeral director.

(c) All prior addresses of the designated funeral director for the immediately preceding seven year period.

(d) The date and location of the designated funeral director's birth.

(e) A declaration from the designated funeral director that he THE FUNERAL DIRECTOR has not been convicted of any felony or convicted of any other crime involving dishonesty, fraud, deception, misrepresentation, embezzlement or breach of fiduciary duty in any state or federal court within the seven year period immediately preceding the date of application.

(f) A declaration from the designated funeral director that he THE FUNERAL DIRECTOR has not been the subject of a consumer fraud, securities fraud or civil racketeering judgment or consent order in any state or federal court within the seven year period immediately preceding the date of application.

6. Provides information about existing prearranged funeral agreements FUNDED BY TRUST of the funeral establishment required by the board.

B. A prearranged funeral sales endorsement shall be renewed annually by the funeral establishment by payment of the prescribed renewal fee PURSUANT TO SECTION 32-1309 and by compliance with the requirements described in subsection A, paragraphs 2 through , 3 AND 4 of this section on or before July 31.

C. Failure to pay the renewal fee by July 31 voids the endorsement. An endorsement voided under this subsection may be reinstated on compliance with subsection B of this section and payment of the prescribed reinstatement fee.

Sec. 17. Section 32-1391.13, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.13 . Grounds for denial or refusal to renew funeral establishment sales endorsement or disciplinary action

The board may deny or refuse to renew a prearranged funeral sales endorsement or may take disciplinary action against a funeral establishment if any of the following occurs:

1. The funeral establishment fails to satisfy the requirements of section 32-1391.11 32-1391.12 .

2. The funeral establishment fails to comply with the annual report requirement prescribed in section 32-1391.15 32-1391.16 .

3. The funeral establishment, its designated funeral director or any prearranged funeral salesman SALESPERSON it employs or engages violates this article or any rule adopted pursuant to this article.

4. The funeral establishment makes false or misleading statements on its initial or renewal application or on the required annual report.

5. The designated funeral director is convicted of any crime or is the subject of any court decision described in section 32-1391.11 32-1391.12 , subsection A, paragraph 6 5 , subdivision (e) or (f).

6. The establishment, its designated funeral director or any registered salesperson it employs or engages violates any provision of title 44, chapter 10, article 7.

Sec. 18. Section 32-1391.14, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.14 . Prearranged funeral salespersons; registration requirements; renewal; exemption

A. Except for funeral directors designated to sell prearranged funerals pursuant to section 32-1391.11 32-1391.12 , a person employed or otherwise engaged by a funeral establishment to solicit, offer or sell prearranged funeral agreements FUNDED BY TRUST shall apply to the board for registration. The board shall issue the registration if the applicant satisfies the following requirements:

1. Pays the prescribed application fee PURSUANT TO SECTION 32-1309 .

2. Provides his THE APPLICANT'S full name and current address, a recent photograph, any prior names or aliases, all prior addresses for the immediately preceding seven year period and the date and location of his THE APPLICANT'S birth.

3. Declares he THAT THE APPLICANT has not been convicted of any felony or convicted of any other crime involving dishonesty, fraud, deception, misrepresentation, embezzlement or breach of fiduciary duty in any state or federal court within the seven year period immediately preceding the date of application.

4. Declares he THAT THE APPLICANT has not been the subject of a consumer fraud, securities fraud or civil racketeering judgment or consent order in any state or federal court within the seven year period immediately preceding the date of application.

5. Provides satisfactory evidence of employment or engagement or of an offer of employment or engagement by a funeral establishment holding a prearranged funeral sales endorsement issued pursuant to this article.

6. Achieves a written score of at least seventy-five per cent on a written examination conducted by the board on the laws of THE PROVISIONS OF this chapter and the rules and regulations promulgated ADOPTED pursuant to this chapter.

7. As each applicant is registered by the board, the funeral establishment shall show evidence that the bond required under section 32-1391.11 32-1391.12 has been increased by five thousand dollars for the applicant.

8. SUBMITS A COMPLETED FINGERPRINT CARD AND THE PRESCRIBED FINGERPRINT BACKGROUND CHECK FEE TO THE BOARD.

8. 9. Provides ANY other RELEVANT information REASONABLY required by the board.

B. A prearranged funeral sales registration shall be renewed annually by the prearranged funeral salesperson by payment of the prescribed renewal fee PURSUANT TO SECTION 32-1309 and by compliance with the requirements described in subsection A, paragraphs 2 through 7 of this section on or before July 31.

C. Failure to pay the renewal fee by July 31 voids the registration. A registration voided under this subsection may be reinstated upon payment of the prescribed renewal and reinstatement fees.

D. Any NO person licensed by the board as a funeral director or embalmer is not required to take the examination required by subsection A, paragraph 6 of this section.

Sec. 19. Section 32-1391.15, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.15 . Grounds for denial or refusal to renew prearranged funeral salesperson registration or disciplinary action

The board may deny or refuse to renew a prearranged funeral sales registration or MAY take disciplinary action against a registered prearranged funeral salesperson for any of the following reasons:

1. Failing to satisfy the requirements of section 32-1391.13 32-1391.14 .

2. Violating this article or any rule adopted pursuant to this article.

3. Violating any provision of title 44, chapter 10, article 7.

4. Making false or misleading statements concerning his THE SALESPERSON'S initial or renewal application for registration.

5. Being convicted of any crime or the subject of any court decision described in section 32-1391.13 32-1391.14 , subsection A, paragraphs 3 and 4.

Sec. 20. Section 32-1391.16, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.16 . Annual trust report

A. ON OR BEFORE MAY 1 each funeral establishment holding a prearranged funeral sales endorsement shall file an annual report with the board concerning its prearranged funeral sales and trust account activities during the preceding calendar year on or before May 1 .

B. The funeral establishment shall pay the prescribed annual report fee PRESCRIBED IN SECTION 32-1309 when the annual report is filed.

C. The annual report shall contain the following information sworn to by the owner or owners of the funeral establishment:

1. The names and addresses of persons who were sold prearranged funerals FUNDED BY TRUST by the funeral establishment during the preceding calendar year, the names of the persons who are to be the beneficiaries of the prearranged funerals and the name of the registered salesperson selling each prearranged funeral.

2. The total contract amount for each purchaser listed in paragraph 1, the total monies previously paid on each contract and the monies paid by and refunded to the purchaser on each contract during the preceding calendar year.

3. The total trust funds contained in the funeral establishment's prearranged funeral trust accounts as of the end of the preceding calendar year and the total funds received in the trust accounts during that year.

4. The total monies, if any, received from purchasers but not deposited in the trust accounts as of the end of the preceding calendar year, excluding initial service fees received by the funeral establishment.

5. The names, registration numbers and addresses of all salespersons employed or otherwise engaged by the funeral establishment during the preceding calendar year and the names and registration numbers of all salesmen SALESPERSONS terminated during that year.

6. The names and addresses of the financial institutions where the trust funds are on deposit and the account number of each account.

7. A statement of the owner of the funeral establishment that the establishment has complied with this article and rules adopted pursuant to this article.

8. Other information required by the board.

D. Each funeral establishment which THAT does not offer or sell prearranged funerals FUNDED BY TRUST or hold a prearranged funeral sales endorsement shall file with the board the annual report described in subsection C OF THIS SECTION concerning all prearranged funeral trust accounts established before the effective date of this article JANUARY 1, 1985 and in existence during the preceding calendar year on or before May 1. For purposes of this subsection, "prearranged funeral trust account" includes all prearranged funeral trust accounts or funds established pursuant to laws in existence before the effective date of this article JANUARY 1, 1985 .

E. The board shall provide the state banking department with a copy of each annual report filed pursuant to this section.

Sec. 21. Section 32-1391.17, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1391.17 . Exemptions

This article does not apply to:

1. The prearrangement of funeral arrangements by a funeral establishment where no payments are solicited from or made by the purchaser.

2. 1. The sale of cemetery lots, mausoleum or columbarium spaces, monuments, grave markers, outer burial containers, grave liners, vaults, cremation urns or similar burial or final disposition items by a licensed cemetery broker or cemetery salesperson.

3. 2. A cremation or memorial society if the only payment to the society is a membership fee OF not to exceed one hundred dollars.

Sec. 22. Repeal

Section 32-1392 , Arizona Revised Statutes, is repealed.

Sec. 23. Renumber

Section 32-1393, Arizona Revised Statutes, is renumbered as section 32-1399.

Sec. 24. Title 32, chapter 12, article 6, Arizona Revised Statutes, is amended by adding a new section 32-1393, to read:

32-1393 . License requirement

A. A PERSON SHALL NOT ADVERTISE OR OPERATE A CREMATORY, UNLESS THE PERSON HAS RECEIVED A CERTIFICATE OF AUTHORITY FROM THE STATE REAL ESTATE DEPARTMENT, WITHOUT FIRST OBTAINING A CREMATORY LICENSE ISSUED BY THE BOARD.

B. A LICENSED CREMATORY AND ITS EMPLOYEES SHALL FOLLOW ALL APPLICABLE PROVISIONS OF THIS ARTICLE AND RULES ADOPTED PURSUANT TO THIS ARTICLE. A LICENSED CREMATORY SHALL PROVIDE APPROPRIATE TRAINING FOR ITS EMPLOYEES AND IS STRICTLY ACCOUNTABLE FOR COMPLIANCE BY BOTH ITS LICENSED AND UNLICENSED EMPLOYEES WITH THE PROVISIONS OF THIS ARTICLE AND ALL APPLICABLE FEDERAL, STATE AND LOCAL RULES AND REGULATIONS REGARDING OCCUPATIONAL AND WORKPLACE HEALTH AND SAFETY.

Sec. 25. Title 32, chapter 12, article 6, Arizona Revised Statutes, is amended by adding sections 32-1394, 32-1395, 32-1396, 32-1396.01, 32-1397, 32-1397.01, 32-1397.02, 32-1398 and 32-1398.01, to read:

32-1394 . Crematory requirements; responsible cremationist

A CREMATORY LICENSED PURSUANT TO THIS ARTICLE SHALL:

1. MAINTAIN A RETORT THAT IS OPERATED AT ALL TIMES IN A SANITARY AND PROFESSIONAL MANNER, THAT CONFORMS TO LOCAL BUILDING AND ENVIRONMENTAL CODES AND THAT PROVIDES PROTECTION FOR THE HEALTH AND SAFETY OF PERSONS IN ATTENDANCE AT A CREMATION AND EMPLOYEES OF THE CREMATORY.

2. MAINTAIN A HOLDING FACILITY THAT IS SECURE FROM ACCESS BY ANYONE OTHER THAN EMPLOYEES OF THE CREMATORY AND PUBLIC OFFICIALS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, THAT COMPLIES WITH APPLICABLE PUBLIC HEALTH LAWS, THAT PROTECTS THE HEALTH AND SAFETY OF EMPLOYEES OF THE CREMATORY AND THAT PRESERVES THE DIGNITY OF HUMAN REMAINS IN THE FACILITY.

3. POSSESS ALL EQUIPMENT AND SUPPLIES THAT ARE NECESSARY TO CONDUCT CREMATIONS IN A MANNER THAT PROVIDES PROTECTION FOR THE HEALTH AND SAFETY OF PERSONS IN ATTENDANCE AT A CREMATION AND EMPLOYEES OF THE CREMATORY.

4. EMPLOY A RESPONSIBLE CREMATIONIST WHO IS TRAINED IN CREMATORY OPERATIONS AND WHO IS OF GOOD MORAL CHARACTER TO MANAGE AND SUPERVISE CREMATORY OPERATIONS. THE RESPONSIBLE CREMATIONIST SHALL SUBMIT A COMPLETED FINGERPRINT CARD AND THE PRESCRIBED FINGERPRINT BACKGROUND CHECK FEE TO THE BOARD TO ENABLE THE BOARD OR THE DEPARTMENT OF PUBLIC SAFETY TO CONDUCT A CRIMINAL BACKGROUND CHECK.

32-1395 . Application; qualifications for licensure

A. AN APPLICANT FOR A CREMATORY LICENSE SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE BOARD. IF THE APPLICANT IS A BUSINESS ENTITY, THE ENTITY SHALL DIRECT A NATURAL PERSON WHO IS AN OWNER OF THE ENTITY TO SUBMIT ITS APPLICATION. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH, SHALL CONTAIN THE NAME OF THE RESPONSIBLE CREMATIONIST AND SHALL BE ACCOMPANIED BY THE APPLICABLE FEE PURSUANT TO SECTION 32-1309 AND ANY ADDITIONAL INFORMATION THAT THE BOARD DEEMS NECESSARY. A BUSINESS ENTITY THAT APPLIES FOR A LICENSE PURSUANT TO THIS ARTICLE SHALL SUBMIT TO THE BOARD WITH ITS APPLICATION FOR LICENSURE A COPY OF ITS PARTNERSHIP AGREEMENT, ITS ARTICLES OF INCORPORATION OR ORGANIZATION OR ANY OTHER ORGANIZATIONAL DOCUMENTS REQUIRED TO BE FILED WITH THE CORPORATION COMMISSION.

B. A PERSON WHO APPLIES FOR A LICENSE PURSUANT TO THIS ARTICLE, OR IF THE APPLICANT IS A BUSINESS ENTITY, THE OWNERS, PARTNERS, OFFICERS, DIRECTORS AND TRUST BENEFICIARIES OF THE ENTITY, SHALL:

1. BE OF GOOD MORAL CHARACTER.

2. SUBMIT A COMPLETED FINGERPRINT CARD, CRIMINAL HISTORY BACKGROUND INFORMATION AND A FINGERPRINT BACKGROUND CHECK FEE TO THE BOARD.

C. THE BOARD OR THE BOARD'S DESIGNEE SHALL INSPECT THE PREMISES OF A CREMATORY AND INVESTIGATE THE CHARACTER AND OTHER QUALIFICATIONS OF ALL APPLICANTS FOR LICENSURE PURSUANT TO THIS ARTICLE TO DETERMINE WHETHER THE CREMATORY AND THE APPLICANTS ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND RULES ADOPTED BY THE BOARD.

D. IF THE BOARD FINDS THAT THE APPLICANT MEETS THE CRITERIA FOR LICENSURE UNDER THIS ARTICLE AND RULES ADOPTED BY THE BOARD, THE BOARD SHALL ISSUE A CREMATORY LICENSE.

32-1396 . Renewal of crematory licenses

A. A CREMATORY LICENSE ISSUED PURSUANT TO THIS ARTICLE EXPIRES ON AUGUST 1 OF EACH YEAR.

B. A LICENSED CREMATORY SHALL SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE PURSUANT TO SECTION 32-1309 ON OR BEFORE JULY 1 OF EACH YEAR. A LICENSE RENEWAL FEE IS NONREFUNDABLE.

C. A LICENSED CREMATORY THAT SUBMITS A RENEWAL APPLICATION AND THE APPLICABLE RENEWAL FEE AFTER JULY 1 BUT BEFORE AUGUST 1 SHALL PAY A LATE FEE PURSUANT TO SECTION 32-1309 IN ADDITION TO THE RENEWAL FEE.

D. A LICENSED CREMATORY THAT FAILS TO SUBMIT A RENEWAL APPLICATION AND THE APPLICABLE FEE ON OR BEFORE AUGUST 1 SHALL APPLY FOR A NEW LICENSE PURSUANT TO THIS ARTICLE.

32-1396.01 . Display of license

A CREMATORY SHALL DISPLAY ITS LICENSE AT THE CREMATORY TO WHICH THE LICENSE WAS ISSUED IN A LOCATION THAT ENABLES ANY MEMBER OF THE PUBLIC WHO ENTERS THE CREMATORY TO OBSERVE AND READ THE LICENSE.

32-1397 . Nontransferability of crematory licenses; change of ownership; interim permit; definition

A. A CREMATORY LICENSE ISSUED BY THE BOARD IS NOT TRANSFERABLE OR SUBJECT TO SALE OR ASSIGNMENT, WHETHER BY VOLUNTARY OR INVOLUNTARY PROCESS.

B. WHEN A CHANGE OF OWNERSHIP OF A CREMATORY OCCURS, THE LICENSEE SHALL NOTIFY THE BOARD IN WRITING AND SHALL SURRENDER THE LICENSE TO THE BOARD WITHIN TWENTY DAYS AFTER THE CHANGE OF OWNERSHIP. THE NEW OWNER SHALL ALSO NOTIFY THE BOARD IN WRITING WITHIN TWENTY DAYS AFTER THE CHANGE OF OWNERSHIP AND SHALL SUBMIT AN APPLICATION FOR A CREMATORY LICENSE TO THE BOARD PURSUANT TO SECTION 32-1395.

C. THE BOARD SHALL ISSUE AN INTERIM PERMIT TO A NEW OWNER OF A LICENSED CREMATORY TO ALLOW THE NEW OWNER TO CONTINUE THE OPERATION OF THE CREMATORY DURING THE PERIOD THAT THE NEW OWNER'S LICENSE APPLICATION IS PENDING IF THE FOLLOWING CONDITIONS ARE MET:

1. THE NEW OWNER NOTIFIES THE BOARD OF THE CHANGE OF OWNERSHIP AND SUBMITS AN APPLICATION FOR AN INTERIM PERMIT AND THE APPLICABLE FEE PURSUANT TO SECTION 32-1309 AT LEAST THREE DAYS, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, AFTER THE CHANGE TAKES PLACE. NOTICE SHALL BE GIVEN DURING REGULAR BUSINESS HOURS.

2. THE CREMATORY CONTINUES TO MEET THE REQUIREMENTS OF SECTION 32-1394.

D. AN INTERIM PERMIT ISSUED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE FOR NOT MORE THAN FORTY-FIVE DAYS AND SHALL NOT BE EXTENDED EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION. AN INTERIM PERMIT IS A CONDITIONAL PERMIT AND AUTHORIZES THE HOLDER TO OPERATE A CREMATORY AS WOULD BE PERMITTED UNDER A CREMATORY LICENSE ISSUED PURSUANT TO THIS ARTICLE. THE HOLDER OF AN INTERIM PERMIT IS SUBJECT TO THE LICENSING RULES AND DISCIPLINARY PROCEEDINGS PRESCRIBED IN THIS CHAPTER AND IN RULES ADOPTED PURSUANT TO THIS CHAPTER.

E. NOTWITHSTANDING SUBSECTION D OF THIS SECTION, FOR GOOD CAUSE SHOWN, THE BOARD MAY EXTEND AN INTERIM PERMIT FOR NOT MORE THAN FORTY-FIVE DAYS.

F. UNTIL AN INTERIM PERMIT IS ISSUED, THE BOARD SHALL KEEP CONFIDENTIAL ALL NOTICES FILED WITH THE BOARD BY THE PROSPECTIVE NEW OWNER OF A LICENSED CREMATORY PURSUANT TO THIS SECTION.

G. FOR THE PURPOSES OF THIS SECTION, "REGULAR BUSINESS HOURS" MEANS BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M. ON ANY DAY OF THE WEEK OTHER THAN SATURDAY, SUNDAY OR ANY OTHER LEGAL HOLIDAY OR A DAY ON WHICH THE BOARD IS AUTHORIZED OR OBLIGATED BY LAW OR EXECUTIVE ORDER TO CLOSE.

32-1397.01 . Crematories; change of name

THE OWNER OF A LICENSED CREMATORY WHO DESIRES TO CHANGE THE NAME OF THE CREMATORY SHALL SUBMIT AN APPLICATION ON A FORM PRESCRIBED BY THE BOARD. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY THE APPLICABLE FEE.

32-1397.02 . Crematories; change of location

THE OWNER OF A LICENSED CREMATORY SHALL SUBMIT AN APPLICATION ON A FORM PRESCRIBED BY THE BOARD TO CHANGE THE LOCATION OF THE CREMATORY. THE APPLICATION SHALL BE SUBSCRIBED UNDER OATH AND SHALL BE ACCOMPANIED BY THE APPLICABLE FEE. BEFORE THE BOARD APPROVES A REQUEST FOR A CHANGE OF LOCATION PURSUANT TO THIS SECTION, THE OWNER SHALL DEMONSTRATE THAT THE NEW LOCATION MEETS THE REQUIREMENTS OF SECTION 32-1394.

32-1398 . Crematories; disciplinary action

THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST A CREMATORY OR AN AGENT OR EMPLOYEE OF A CREMATORY FOR ANY OF THE FOLLOWING ACTS:

1. UNLESS OTHERWISE PERMITTED BY LAW, SELLING OR OFFERING TO SELL A CREMATION THAT IS NOT ARRANGED BY A FUNERAL ESTABLISHMENT LICENSED PURSUANT TO ARTICLE 4 OF THIS CHAPTER. THIS PARAGRAPH DOES NOT PROHIBIT CHARGING A CREMATION FEE.

2. UNLESS OTHERWISE PERMITTED BY LAW, SELLING OR OFFERING TO SELL ANY FUNERAL GOODS OR SERVICES OTHER THAN CREMATION.

3. CREMATING OR CAUSING THE CREMATION OF A DEAD HUMAN BODY BEFORE OBTAINING CERTIFICATION FROM THE COUNTY MEDICAL EXAMINER OR PERSON PERFORMING THE DUTIES OF THE COUNTY MEDICAL EXAMINER PURSUANT TO SECTION 11-599 AND, IF THE DECEASED PERSON DID NOT EXECUTE A DOCUMENT AUTHORIZING THE DECEASED PERSON'S CREMATION PURSUANT TO SECTION 32-1365.01, BEFORE OBTAINING EXPRESS WRITTEN CONSENT TO CREMATE THE BODY FROM THE AUTHORIZING AGENT PURSUANT TO SECTION 32-1365.02.

4. USING A RETORT FOR ANY PURPOSE OTHER THAN THE CREMATION OF HUMAN REMAINS.

5. CREMATING MORE THAN ONE DEAD HUMAN BODY AT THE SAME TIME IN THE SAME RETORT WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AUTHORIZING AGENTS.

6. INTRODUCING A SECOND DEAD HUMAN BODY INTO A RETORT BEFORE REASONABLE EFFORTS HAVE BEEN MADE TO REMOVE ALL FRAGMENTS OF THE CREMATED REMAINS FROM THE PRECEDING CREMATION WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AUTHORIZING AGENTS. INCIDENTAL AND UNAVOIDABLE RESIDUE REMAINING IN A RETORT AFTER A CREMATION DOES NOT CONSTITUTE A VIOLATION OF THIS PARAGRAPH.

7. INTRODUCING THE CREMATED HUMAN REMAINS OF A SECOND DEAD HUMAN BODY INTO A PROCESSOR BEFORE THE TERMINATION OF THE PROCESSING OF THE CREMATED HUMAN REMAINS THAT WERE PREVIOUSLY IN THE PROCESSOR AND BEFORE REASONABLE EFFORTS HAVE BEEN MADE TO REMOVE ALL FRAGMENTS OF CREMATED REMAINS FROM THE PRECEDING PROCESSING WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AUTHORIZING AGENTS. INCIDENTAL AND UNAVOIDABLE RESIDUE REMAINING IN A PROCESSOR AFTER A PROCESSING DOES NOT CONSTITUTE A VIOLATION OF THIS PARAGRAPH.

8. RETAINING ANY ACCUMULATED HUMAN RESIDUE FROM ANY RETORT, PROCESSOR, CONTAINER OR OTHER EQUIPMENT USED IN CREMATION. A CREMATORY SHALL DISPOSE OF ALL ACCUMULATED HUMAN RESIDUE IN A CEMETERY IN ACCORDANCE WITH THE RULES OF THE CEMETERY AND ANY APPLICABLE LOCAL ORDINANCES.

9. SELLING OR OFFERING FOR SALE ANYTHING OF VALUE OBTAINED AS A RESULT OF THE CREMATION PROCESS.

10. VIOLATING ANY PROVISION OF THIS CHAPTER OR A RULE ADOPTED PURSUANT TO THIS CHAPTER.

32-1398.01. Crematories; disciplinary proceedings

ARTICLE 3 OF THIS CHAPTER AND RULES ADOPTED PURSUANT TO ARTICLE 3 OF THIS CHAPTER GOVERN DISCIPLINARY PROCEEDINGS BROUGHT AGAINST A CREMATORY.

Sec. 26. Section 32-1399, Arizona Revised Statutes, as renumbered by this act, is amended to read:

32-1399 . Crematories; standards of practice

A. The board with the advice of the real estate commissioner shall adopt rules which THAT establish standards equivalent to section 32-1305 32-1307 , subsection A, paragraph 6 5 for the regulation of crematories and cremation and which THAT include the following:

1. A CREMATORY SHALL DEVELOP, IMPLEMENT AND MAINTAIN A WRITTEN PROCEDURE FOR THE IDENTIFICATION OF HUMAN REMAINS THAT ENSURES THAT REMAINS CAN BE IDENTIFIED FROM THE TIME THAT A CREMATORY ACCEPTS THE DELIVERY OF THE REMAINS UNTIL THE CREMATED REMAINS ARE RELEASED TO THE AUTHORIZING AGENT. After taking custody of human remains, a crematory authority shall immediately verify the identification attached to the casket or CREMATION container and shall not accept unidentified caskets or CREMATION containers. The identification shall include the name and address of the deceased, the name and relationship of the authorizing agent, the name of the person or entity engaging the crematory services and a valid cremation permit issued by a government agency.

2. If a crematory authority is unable to cremate the human remains immediately after taking custody, the crematory authority shall provide STORE THE REMAINS IN a holding facility that is secure from access by anyone other than EMPLOYEES OF THE crematory authority personnel and public officials in the performance of their duty and that complies with applicable public health laws, preserves the dignity of the human remains and protects the health of EMPLOYEES OF THE crematory authority personnel .

3. A crematory authority shall not accept a casket or CREMATION container from which there is evidence of leakage of body fluids from the human remains and shall not hold human remains for cremation unless they are contained in an individual, closed casket or rigid CREMATION container of combustible material which THAT preserves the dignity of the human remains and THAT protects the health of EMPLOYEES OF THE crematory authority personnel . Human remains that are not embalmed shall be held by the crematory authority in a refrigerated holding facility or in compliance with applicable public health laws.

4. All body prostheses, bridgework or similar items removed from the cremated remains shall be disposed of by the crematory authority unless an alternative disposition is agreed to in the authorization to cremate.

5. After cremation, the crematory authority as far as practicable shall remove visible parts of the residual of the cremation process from the cremation chamber RETORT , shall not combine the cremated or processed remains with other cremated or processed remains and shall attach the identification of the cremated or processed remains to the TEMPORARY container of the OR URN INTO WHICH THE remains ARE PLACED .

6. The crematory authority shall place cremated or processed remains in a cremation box TEMPORARY CONTAINER or urn. Extra space may be filled with clean packing material that will not combine with the cremated or processed remains . and The lid or top shall be securely closed. Any cremated or processed remains that do not fit in the box TEMPORARY CONTAINER or urn shall be returned in a separate container or, with permission of the authorizing agent, disposed of by the crematory authority .

7. A crematory authority may dispose of cremated or processed remains in any legal manner DIRECTED BY A DOCUMENT PREPARED PURSUANT TO SECTION 32-1365.01 OR agreed to by the authorizing agent. If the authorizing agent agrees to take possession and does not take possession of the remains within thirty days after cremation or on an agreed date, the crematory authority shall send written notice to the last known address of the authorizing agent to take possession. Ninety days after the notification IS SENT OR DELIVERED , the crematory authority may dispose of the cremated or processed remains in any legal manner.

8. UNLESS THE DECEASED HAS PREPARED A DOCUMENT PURSUANT TO SECTION 32-1365.01, the crematory authority shall obtain an authorization to cremate from the authorizing agent which authorization THAT shall contain a provision holding the crematory authority harmless for the disposition of unclaimed cremated or processed remains.

9. ALL EMPLOYEES OF THE CREMATORY WHO HANDLE DEAD HUMAN BODIES SHALL USE UNIVERSAL PRECAUTIONS AND SHALL OTHERWISE EXERCISE REASONABLE CARE TO MINIMIZE THE RISK OF TRANSMITTING ANY COMMUNICABLE DISEASE FROM A DEAD HUMAN BODY.

10. UNLESS THE DECEASED HAS PREPARED A DOCUMENT PURSUANT TO SECTION 32-1365.01, EMPLOYEES OF THE CREMATORY SHALL NOT REMOVE A DEAD HUMAN BODY FROM THE CONTAINER IN WHICH IT IS DELIVERED TO THE CREMATORY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AUTHORIZING AGENT. IF, AFTER ACCEPTING A DEAD HUMAN BODY FOR CREMATION, EMPLOYEES OF A CREMATORY DISCOVER THAT A MECHANICAL OR RADIOACTIVE DEVICE IS IMPLANTED IN THE BODY, AN EMBALMER LICENSED PURSUANT TO ARTICLE 2 OF THIS CHAPTER SHALL REMOVE THE DEVICE FROM THE BODY BEFORE CREMATION TAKES PLACE.

9. 11. A crematory authority shall keep an accurate record of all cremations performed, including dispositions or OF cremated and processed remains, for not fewer than five years after the cremation.

B. A crematory shall not be operated in this state except by a crematory authority as defined by this article.

C. Pursuant to sections 32-1363 and 32-1383, the board shall enforce this article for licensees under this chapter and, pursuant to section 32-2153, the real estate commissioner shall enforce this article for licensees under chapter 20, article 6 of this title.

Sec. 27. Section 32-2194.03, Arizona Revised Statutes, is amended to read:

32-2194.03 . Issuance or denial of certificate of authority; voidable sale; order prohibiting sale; investigations by commissioner; public hearings; summary orders

A. After examination of a cemetery application, the commissioner, unless there are grounds for denial, shall issue a certificate of authority authorizing the sale in this state of cemetery plots within the cemetery. THE COMMISSIONER SHALL NOTIFY THE STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS WHEN THE COMMISSIONER ISSUES A CERTIFICATE OF AUTHORITY PURSUANT TO THIS SECTION.

B. The commissioner may deny issuance of a certificate of authority on any of the following grounds:

1. Failure to comply with any of the provisions of this article or the rules of the commissioner pertaining to this article.

2. The sale OF PLOTS WITHIN THE CEMETERY would constitute misrepresentation to or deceit or fraud of the purchasers.

3. The applicant has procured or attempted to procure a certificate of authority under the provisions of this chapter for itself or another by fraud, misrepresentation or deceit or by filing an original or renewal application which is false or misleading.

4. Inability to deliver title or other interest contracted for.

5. Inability to demonstrate that adequate financial or other arrangements acceptable to the commissioner have been made for installation of all off-site and other cemetery facilities.

6. Failure to make a showing that the plots can be used for the purpose for which they are offered.

7. Failure to provide in the contract or other writing the use or uses for which the plots are offered, together with any covenants or conditions relative to such plots.

8. Failure to include in the contract the disclosure provisions required as provided by section 32-2194.04.

9. The owner, agent, officer, director or partner, trust beneficiary holding ten per cent or more beneficial interest or, if a corporation, any stockholder owning ten per cent or more of the stock in such corporation has:

(a) Been convicted of a felony or misdemeanor involving fraud or dishonesty or involving conduct of any business or a transaction in real estate, cemetery property, time-share intervals or membership camping campgrounds or contracts.

(b) Been permanently or temporarily enjoined by order, judgment or decree from engaging in or continuing any conduct or practice in connection with the sale or purchase of real estate or cemetery property, time-share intervals, membership camping contracts or campgrounds, or securities or involving consumer fraud or the racketeering laws of this state.

(c) Had an administrative order entered against him by a real estate regulatory agency or security regulatory agency.

(d) Had an adverse decision or judgment entered against him involving fraud or dishonesty or involving the conduct of any business in or a transaction in real estate, cemetery property, time-share intervals or membership camping campgrounds or contracts.

(e) Disregarded or violated any of the provisions of this chapter or the rules of the commissioner pertaining to this chapter.

(f) Participated in, operated or held an interest in any entity to which subdivision (b), (c), (d) or (e) applies.

10. Failure to satisfy the commissioner that sufficient land has been dedicated for the operation of the cemetery to make it financially secure with respect to the trust fund requirements of this article.

C. A cemetery owner or operator shall not sell or offer for sale any plots without first obtaining a certificate of authority as provided in this section. Any sale of plots before the issuance of the certificate of authority is voidable by the purchaser. An action by the purchaser to void such transaction shall be brought within three years of the date of execution of the purchase agreement by the purchaser. In any such action, the prevailing party is entitled to reasonable attorney fees as determined by the court.

D. An applicant objecting to the denial of a certificate of authority by the commissioner, within thirty days after receipt of the order of denial, may file a written request for a hearing. The commissioner shall hold the hearing within twenty-five days after the request unless the party requesting the hearing requests a postponement. If the hearing is not held within twenty-five days after the request for a hearing is received, plus the period of any such postponement, or if a proposed decision is not rendered within forty-five days after submission, the order of denial shall be rescinded and a certificate of authority SHALL BE issued.

E. The commissioner on his THE COMMISSIONER'S own motion or if he THE COMMISSIONER has received a complaint and has satisfactory evidence that the cemetery owner or agent is violating any provision of this article or the rules of the commissioner or has engaged in any unlawful practice as defined in section 44-1522 with respect to the sale of cemetery plots or deviated from the conditions under which the certificate of authority was issued may investigate the cemetery project and examine the books and records of the cemetery owner or agent. For the purpose of examination, the cemetery owner or agent shall keep and maintain records of all sales transactions and monies received by him and make them accessible to the commissioner on reasonable notice and demand.

F. The commissioner on his THE COMMISSIONER'S own motion or if he THE COMMISSIONER has received a complaint and he has satisfactory evidence that any of the grounds exist as provided in subsection B of this section or that any person has engaged in any unlawful practice as defined in section 44-1522 with respect to the sale of cemetery plots or has deviated from the conditions under which the certificate of authority was issued, before or after the commissioner issues the certificate of authority as provided in this section, may conduct an investigation of such matter, issue a summary order as provided in section 32-2157, or hold a public hearing and, after the hearing, may issue such order or orders as he THE COMMISSIONER deems necessary to protect the public interest and ensure compliance with the law, rules or certificate of authority, or the commissioner may bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing such violation or engaging in a violation or doing any act or acts in furtherance of a violation. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by a person of any unlawful practices or which may be necessary to restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice declared to be unlawful in this article.

G. If it appears to the commissioner that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that such person is concealing assets or has made arrangements to conceal assets or is about to leave this state, the commissioner may apply to the superior court, without notice, for an order appointing a receiver of the assets of such person or for a writ of ne exeat, or both.

H. The court on receipt of an application for the appointment of a receiver or for a writ of ne exeat, or both, shall examine the verified application of the commissioner and such other evidence that the commissioner may present to the court. If satisfied that the interests of the public require the appointment of a receiver or the issuance of a writ of ne exeat without notice, the court shall issue an order appointing the receiver or issue the writ, or both. If the court determines that the interests of the public will not be harmed by the giving of notice, the court shall set a time for a hearing and require that such notice be given as the court deems satisfactory.

I. If the court appoints a receiver without notice, the court shall further direct that a copy of the order appointing a receiver be served on the person engaged in or engaging in a practice declared to be unlawful under this article by delivering such order to the last address of the person which is on file with the real estate department. The order shall inform the person that he has the right to request a hearing within ten days after the date of the order, and if requested, the hearing shall be held within thirty days after the date of the order.

Sec. 28. Section 32-2194.04, Arizona Revised Statutes, is amended to read:

32-2194.04 . Contract disclosures; contract disclaimers

A. In all agreements and contracts for the sale of cemetery plots from a cemetery, a broker or agent shall clearly and conspicuously disclose the following information:

1. The nature of the document, including grave site designation.

2. The nature of the cemetery, whether endowed or not under the provisions of this article.

3. That the cemetery operator has received a certificate of authority from the department pursuant to section 32-2194.03 and that these records are available for examination at the department at the request of the purchaser.

4. A provision that all cemetery improvements for the area developed as defined in the application shall be completed by the date indicated in the application.

5. Whether the purchaser is subject to a fee for the following known services or goods associated with future plot use:

(a) Opening or closing interment.

(b) A marker, with or without a setting.

(c) A vault liner purchased with the grave site.

6. Whether a marker or vault may be purchased separately from another vendor.

7. THE POLICY OF THE CEMETERY REGARDING CANCELLATIONS OF CONTRACTS, INCLUDING WHETHER THE CEMETERY ISSUES REFUNDS UNDER CANCELED CONTRACTS.

B. An agreement or contract which fails to make the disclosures required in subsection A of this section is unenforceable against the purchaser.

Sec. 29. Section 36-848, Arizona Revised Statutes, is amended to read:

36-848 . Rights and duties at death

A. Rights of a donee created by an anatomical gift are superior to rights of others except with respect to autopsies under section 11-594, subsection C, paragraph 3. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, on the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body.

B. The time of death shall be determined by a physician or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. Neither The physician or surgeon who attends the donor at death nor OR the physician or surgeon who determines the time of death shall NOT participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician or surgeon pursuant to section 36-842, subsection D.

C. If there has been an anatomical gift, a physician, a surgeon or a trained technician may remove any donated parts after the determination of death by a physician or surgeon. THE INSTITUTION WHERE THE REMOVAL OF ANY DONATED PARTS OCCURS SHALL NOTIFY THE FUNERAL DIRECTOR OR THE PERSON ACTING IN THAT CAPACITY WHO FIRST ASSUMES CUSTODY OF THE BODY ABOUT THE REMOVAL OF THE BODY PARTS.

Sec. 30. Section 36-851, Arizona Revised Statutes, is amended to read:

36-851 . Request for corneal tissue; conditions for removal of corneal tissue; consent of next of kin; definition

A. Upon a request for corneal tissue from an authorized official of an eye bank or storage facility as defined under IN section 36-841 , paragraph 1 or the licensed physician of a patient in need of corneal tissue for a transplant, a county medical examiner or the person performing such THE duties OF THE COUNTY MEDICAL EXAMINER may authorize the taking of corneal tissue if ALL OF THE FOLLOWING ARE TRUE :

1. The decedent from whom the tissue is to be taken died under circumstances requiring an inquiry by the county medical examiner or the person performing such duties ; and .

2. The removal of corneal tissue will not interfere with the subsequent investigation or autopsy or alter the postmortem facial appearance ; and .

3. THE COUNTY MEDICAL EXAMINER OR THE PERSON PERFORMING THE DUTIES OF THE COUNTY MEDICAL EXAMINER NOTIFIES THE FUNERAL DIRECTOR OR THE PERSON ACTING IN THAT CAPACITY WHO FIRST ASSUMES CUSTODY OF THE BODY ABOUT THE REMOVAL OF THE CORNEAL TISSUE.

3. 4. Any of the following circumstances exists:

(a) The written or verbal consent of the decedent's next of kin is known or obtained.

(b) When the decedent has indicated pursuant to article 3 of this chapter that the organ may be removed.

(c) If permission has not been refused and a check cannot be made pursuant to article 3 of this chapter because the motor vehicle division is closed, when a written or verbal consent by the next of kin of the decedent cannot be obtained by the county medical examiner or the person performing such duties, solely because after diligent effort is made the next of kin cannot be contacted.

B. For the purposes of this section, the decedent's next of kin means:

1. The decedent's spouse.

2. If there is no spouse, the decedent's adult children.

3. If there are no adult children or spouse, the decedent's parents.

4. If there are no parents, adult children or spouse, the decedent's sibling.

C. For the purposes of this section, "diligent effort" means that for a period of not less than four nor more than five hours following the time of death as verified by the medical examiner's office, the medical examiner or person designated by the medical examiner shall attempt to notify the decedent's next of kin by telephone at fifteen minute intervals. In the event that it is known that the decedent's next of kin does not have a telephone, the medical examiner or person designated by the medical examiner shall attempt to contact the next of kin in person. The attempt to notify shall be verified in writing by the medical examiner or person designated by the medical examiner and one witness and shall be kept on file at the medical examiner's office or such place as designated by the medical examiner.

Sec. 31. Repeal

Title 36, chapter 7, article 4, Arizona Revised Statutes, is repealed.

Sec. 32. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 18, to read:

Article 18. Casket sales

44-1799.21. Casket sales; price disclosure; definition

A. A PERSON OFFERING CASKETS FOR SALE TO THE PUBLIC SHALL PROVIDE ACCURATE PRICE INFORMATION TO POTENTIAL PURCHASERS OF CASKETS AS FOLLOWS:

1. THE PERSON OFFERING CASKETS FOR SALE SHALL PROVIDE ACCURATE CASKET RETAIL PRICE INFORMATION TO ANY PERSON WHO TELEPHONES FOR CASKET PRICE INFORMATION. IF A PERSON REQUESTS A CASKET PRICE LIST BY TELEPHONE, THE PERSON OFFERING CASKETS FOR SALE SHALL MAIL A PRICE LIST TO THE CALLER AND MAY CHARGE A REASONABLE POSTAGE AND HANDLING FEE OF NOT MORE THAN TWO DOLLARS.

2. THE PERSON OFFERING CASKETS FOR SALE SHALL PROVIDE A WRITTEN OR PRINTED CASKET PRICE LIST FOR RETENTION TO EACH PERSON WHO PERSONALLY INQUIRES ABOUT CASKET PRICES. THE PERSON OFFERING CASKETS FOR SALE SHALL OFFER THE INQUIRING PERSON THE CASKET PRICE LIST ON BEGINNING A DISCUSSION REGARDING THE SELECTION OF A CASKET. THE PERSON OFFERING CASKETS FOR SALE SHALL NOT SHOW ANY CASKETS TO A POTENTIAL PURCHASER BEFORE OFFERING THE WRITTEN OR PRINTED PRICE LIST. THE PRICE LIST SHALL STATE THE EFFECTIVE DATE OF THE LIST.

B. THE PERSON WHO SELLS A CASKET SHALL DELIVER THE CASKET TO THE PURCHASER OR DESIGNEE AT THE TIME OF SALE.

C. IF A PERSON OFFERING CASKETS FOR SALE TO THE PUBLIC DOES NOT MAKE THE DISCLOSURES REQUIRED BY THIS SECTION TO A CUSTOMER, ANY CONTRACT FOR THE PURCHASE OF A CASKET EXECUTED BY THE PERSON OFFERING CASKETS FOR SALE AND THE CUSTOMER IS NOT ENFORCEABLE AGAINST THAT CUSTOMER.

D. FOR THE PURPOSES OF THIS SECTION, "CASKET" MEANS A RIGID CONTAINER THAT IS DESIGNED FOR THE PERMANENT ENCASEMENT OF HUMAN REMAINS AND THAT IS USUALLY CONSTRUCTED OF WOOD, METAL OR MAN-MADE SUBSTANCES AND ORNAMENTED OR LINED WITH FABRIC.

Sec. 33. Retention of members

All persons serving as members of the state board of funeral directors and embalmers on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.

Sec. 34. Saving clause

This act does not affect the validity of any license, registration or endorsement issued by the state board of funeral directors and embalmers or any action taken by the board before the effective date of this act.

Sec. 35. Real estate commissioner; cemeteries; notification

On or before December 31, 1998, the state real estate commissioner shall notify the state board of funeral directors and embalmers regarding all certificates of authority issued by the commissioner pursuant to section 32-2194.03, Arizona Revised Statutes, before the effective date of this act.

Sec. 36. Advisory committee for the review of cemetery business practices; report

A. An advisory committee for the review of cemetery business practices is established. The committee shall consist of seven members as follows:

1. Two members shall be owners or managers of cemeteries, one appointed by the president of the senate and one appointed by the speaker of the house of representatives.

2. Two members shall be owners or managers of businesses that have no pecuniary or proprietary interest in a cemetery, one appointed by the president of the senate and one appointed by the speaker of the house of representatives.

3. Two consumer members who have no pecuniary or proprietary interest in a cemetery, one appointed by the president of the senate and one appointed by the speaker of the house of representatives.

4. One member who has three years of work experience at a cemetery in this state immediately preceding appointment, who is appointed by the state real estate commissioner.

B. The advisory committee shall provide a report to the governor, the president of the senate and the speaker of the house of representatives no later than November 15, 1998. The report shall contain at least the following:

1. The number, location and ownership of every cemetery in this state regulated by the state real estate department.

2. The number of endowed care cemeteries in this state, and the legally required and the actual dollar amount in each endowed care fund.

3. An estimate of the amount of money currently collected by cemeteries in this state under currently outstanding prepurchased cemetery goods and services agreements.

4. A review of current cemetery business practices in this state and any recommendations for legislation that will ensure the protection of the public health, safety and welfare.

Sec. 37. Delayed repeal

Sections 35 and 36 of this act are repealed from and after December 31, 1998.

Sec. 38. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 39. Requirements for enactment

Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.

APPROVED BY THE GOVERNOR MAY 7, 1998.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 7, 1998.