Article 6
Cremation
32-1393.
License requirement
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.
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 an
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
32-1394.01.
Application; qualifications for cremationist licensure; licensure requirement for responsible cremationists
An applicant for a cremationist 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.
An applicant for a cremationist license shall be of
-good moral character, submit a completed fingerprint card & check fee to the board to enable the board or the department of public safety to conduct a criminal records check.
An applicant for a cremationist license shall meet the
educational requirements as prescribed by the board in rule.
If the board finds that the applicant meets the criteria for cremationist licensure under this section and under rules adopted by the board,
the board shall issue a cremationist license.
Notwithstanding any other law, a responsible cremationist is required to be
licensed pursuant to this article. Any other cremationist may be licensed pursuant to this article but, if not licensed, may engage only in cremation activity that is allowed without a license.
32-1394.02.
Renewal of cremationist licenses
Except as provided in section 32-4301, a cremationist license issued pursuant to this article expires on0
August 1 of each year.
A licensed cremationist 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.
A licensed cremationist 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.
A licensed cremationist 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.
32-1395.
Application; qualifications for licensure
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
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
-Be of good moral character.
-Submit a completed fingerprint card, criminal history background information and a fingerprint background check fee to the board.
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.
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
Except as provided in section 32-4301, a crematory license issued pursuant to this article expires on
August 1 of each year.
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.
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.
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 and the responsible cremationist's 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.
Non-transferability of crematory licenses; change of ownership; interim permit; definition
A crematory license issued by the board is not transferable or
subject to sale or assignment, whether by voluntary or involuntary process.
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.
When a change of ownership of a crematory occurs, The new owner shall
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.
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.
The board shall issue an interim permit to a new owner if these certain 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
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 thi
Notwithstanding subsection D of this section, for good cause shown, the board may
extend an interim permit for not more than forty-five days.
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.
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; acts of crematory
A. 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 pe
The acts of an agent or employee of a crematory that violate this chapter or rules adopted pursuant to this chapter shall be
deemed to be acts of the crematory.
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.
32-1399.
Crematories; standards of practice
The board shall adopt rules that establish standards equivalent to section 32-1307, subsection A, paragraph 5 for the regulation of crematories and cremation and 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