Text: H05854 Text: H05856 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend the House amendment, S-5636, to Senate File 1 2 259, as passed by the Senate, as follows: 1 3 #1. Page 1, by inserting after line 3 the 1 4 following: 1 5 "Section 1. Section 142.3, Code 1995, is amended 1 6 to read as follows: 1 7 142.3 NOTIFICATION OF DEPARTMENT. 1 8 Every county medical examiner, person holding a 1 9 cremation establishment license, funeral director,or1 10 embalmer,andor the managing officer of every public 1 11 asylum, hospital, county care facility, penitentiary, 1 12 or reformatory, as soon as any dead body shall come 1 13 into the person's custody which may be used for 1 14 scientific purposes as provided in sections 142.1 and 1 15 142.2, shall at once notify the nearest relative or 1 16 friend of the deceased, if known, and the Iowa 1 17 department of public health by telegram, and hold such 1 18 body unburied or not cremated for forty-eight hours. 1 19 Upon receipt of such telegram the department shall 1 20 telegraph instructions relative to the disposition to 1 21 be made of said body. Complete jurisdiction over said 1 22 bodies is vested exclusively in the Iowa department of 1 23 public health. No autopsy or post mortem, except as 1 24 are legally ordered by county medical examiners, shall 1 25 be performed on any of said bodies prior to their 1 26 delivery to the medical schools. 1 27 Sec. 2. Section 144.27, Code 1995, is amended to 1 28 read as follows: 1 29 144.27 FUNERAL DIRECTOR'S OR LICENSED CREMATOR'S 1 30 DUTY. 1 31TheA funeral director or person holding a 1 32 cremation establishment license who first assumes 1 33 custody of a dead body shall file the death 1 34 certificate, obtain the personal data from the next of 1 35 kin or the best qualified person or source available 1 36 and obtain the medical certification of cause of death 1 37 from the person responsible for issuing and signing 1 38 the certification. When a person other than a funeral 1 39 director or person holding a cremation establishment 1 40 license assumes custody of a dead body, the person 1 41 shall be responsible for carrying out the provisions 1 42 of this section. 1 43 Sec. 3. Section 144.30, Code 1995, is amended to 1 44 read as follows: 1 45 144.30 FUNERAL DIRECTOR'S OR LICENSED CREMATOR'S 1 46 DUTY. 1 47TheA funeral director or person holding a 1 48 cremation establishment license who first assumes 1 49 custody of a fetus shall file the fetal death 1 50 certificate. In the absence of such a person, the 2 1 physician or other person in attendance at or after 2 2 the delivery shall file the certificate of fetal 2 3 death. The person filing the certificate shall obtain 2 4 the personal data from the next of kin or the best 2 5 qualified person or source available and shall obtain 2 6 the medical certification of cause of death from the 2 7 person responsible for issuing and signing the 2 8 certification. When a person other than a funeral 2 9 director or person holding a cremation establishment 2 10 license assumes custody of a fetus, the person shall 2 11 be responsible for carrying out the provisions of this 2 12 section. 2 13 Sec. 4. Section 144.32, unnumbered paragraphs 1 2 14 and 2, Code 1995, are amended to read as follows: 2 15 If a person other than a funeral director or person 2 16 holding a cremation establishment license assumes 2 17 custody of a dead body or fetus, the person shall 2 18 secure a burial-transit permit. To be valid, the 2 19 burial-transit permit must be issued by the county 2 20 medical examiner, a funeral director, a person holding 2 21 a cremation establishment license, or the county 2 22 registrar of the county where the certificate of death 2 23 or fetal death was filed. The permit shall be 2 24 obtained prior to the removal of the body or fetus 2 25 from the place of death and the permit shall accompany 2 26 the body or fetus to the place of final disposition. 2 27 To transfer a dead body or fetus outside of this 2 28 state, the funeral director or person holding a 2 29 cremation establishment license who first assumes 2 30 custody of the dead body or fetus shall obtain a 2 31 burial-transit permit prior to the transfer. The 2 32 permit shall accompany the dead body or fetus to the 2 33 place of final disposition. 2 34 Sec. 5. Section 144.49, Code 1995, is amended to 2 35 read as follows: 2 36 144.49 ADDITIONAL RECORD BY FUNERAL DIRECTOR OR 2 37 LICENSED CREMATOR. 2 38 A funeral director, person holding a cremation 2 39 establishment license, or other person who removes 2 40 from the place of death or transports or finally 2 41 disposes of a dead body or fetus, in addition to 2 42 filing any certificate or other form required by this 2 43 chapter, shall keep a record which shall identify the 2 44 body, and information pertaining to the funeral 2 45 director's or other person's receipt, removal, and 2 46 delivery of the body as prescribed by the department." 2 47 #2. Page 1, by inserting after line 23 the 2 48 following: 2 49 "# . Page 1, by inserting after line 12 the 2 50 following: 3 1 "2A. "Cremation director" means a person licensed 3 2 by the department to establish, conduct, or maintain a 3 3 cremation establishment as provided in section 156.16, 3 4 and provide any aspect of mortuary science pertaining 3 5 to the performance of cremations." 3 6 # . Page 1, by striking line 14 and inserting 3 7 the following: "defined and licensed by the 3 8 department which provides cremation". 3 9 # . Page 1, by striking lines 26 through 28 and 3 10 inserting the following: 3 11 "a. Preparing, fortheburial,ordisposal, or 3 12 cremation, or directing and supervisingtheburial,or3 13 disposal, or cremation of dead human bodies." 3 14 # . Page 1, line 30, by inserting after the word 3 15 "embalming," the following: "or making cremation 3 16 arrangements or furnishing cremation services". 3 17 # . Page 1, line 33, by inserting after the word 3 18 ""mortician"" the following: ", or "cremation 3 19 director",". 3 20 # Page 1, line 35, by inserting after the word 3 21 "director" the following: "or cremation director". 3 22 # . Page 2, line 6, by inserting after the word 3 23 "disinfection" the following: ", or by performing 3 24 cremation upon a dead human body". 3 25 # . Page 2, line 14, by inserting after the word 3 26 "director," the following: "or by a cremation 3 27 director with respect to cremations,". 3 28 # . Page 2, line 15, by inserting after the word 3 29 "funeral" the following: "or cremation". 3 30 # . Page 5, by striking lines 9 and 10 and 3 31 inserting the following: 3 32 "Sec. 7. NEW SECTION. 156.14 FUNERAL 3 33 ESTABLISHMENT LICENSE." 3 34 # . Page 5, line 12, by striking the words "or a 3 35 cremation establishment". 3 36 # . Page 5, by striking lines 25 through 28 and 3 37 inserting the following: "conduct of a funeral 3 38 establishment. 3 39 3. To qualify for a funeral establishment license, 3 40 the applicant shall submit to the board". 3 41 # . Page 6, by striking lines 9 and 10 and 3 42 inserting the following: 3 43 "Sec. . NEW SECTION. 156.15 FUNERAL 3 44 ESTABLISHMENTS – LICENSE REQUIRED – DISCIPLINE,". 3 45 # . Page 6, by striking line 12 and inserting 3 46 the following: 3 47 "1. A funeral establishment". 3 48 # . Page 7, by inserting after line 2 the 3 49 following: 3 50 "Sec. . NEW SECTION. 156.16 CREMATION 4 1 ESTABLISHMENT LICENSE. 4 2 1. A person shall not establish, conduct, or 4 3 maintain a cremation establishment in this state 4 4 without a license. The license shall be identified as 4 5 a cremation establishment license. 4 6 a. A cremation establishment license issued by the 4 7 department under this chapter shall be issued for a 4 8 site and in the name of the individual in charge and 4 9 is not transferable or assignable. 4 10 b. A license is required for each place of 4 11 practice. 4 12 c. The license shall be displayed. 4 13 2. The department shall specify by rule pursuant 4 14 to chapter 17A the licensing procedures to be 4 15 followed, including specifications of forms for use in 4 16 applying for an establishment license and fees for 4 17 filing an application. The department shall specify 4 18 by rule minimum standards for professional 4 19 responsibility in the conduct of a cremation 4 20 establishment. 4 21 3. To qualify for a cremation establishment 4 22 license, the applicant shall submit to the department 4 23 a license fee as determined by the department that 4 24 shall include the following information and be given 4 25 under oath: 4 26 a. Ownership of the establishment. 4 27 b. Location of the establishment. 4 28 c. The trade or corporate name of the 4 29 establishment. 4 30 d. The name of the individual in charge, who has 4 31 the authority and responsibility for the 4 32 establishment's compliance with laws and rules 4 33 pertaining to the operation of the establishment. 4 34 4. A person who falsely makes the affidavit 4 35 prescribed in subsection 3 is subject to all penalties 4 36 prescribed for making a false affidavit. 4 37 Sec. . NEW SECTION. 156.17 CREMATION 4 38 ESTABLISHMENTS – LICENSE REQUIRED – PENALTIES. 4 39 1. A cremation establishment shall not be operated 4 40 until a license or renewal certificate has been issued 4 41 to the establishment by the department. 4 42 2. The department shall refuse to issue a 4 43 cremation establishment license when an applicant 4 44 fails to meet the requirements of section 156.16. The 4 45 department may refuse to issue or renew a license or 4 46 may impose a penalty, not to exceed two thousand 4 47 dollars, issue a reprimand, or revoke, restrict, 4 48 cancel, or suspend a license, and may place a licensee 4 49 on probation, if the department finds that the 4 50 applicant or licensee has done any of the following: 5 1 a. Been convicted of a felony or a misdemeanor 5 2 involving moral turpitude, or if the applicant is an 5 3 association, joint stock company, partnership, or 5 4 corporation, that a managing officer has been 5 5 convicted of a felony or a misdemeanor involving moral 5 6 turpitude, under the laws of this state, another 5 7 state, or the United States. 5 8 b. Violated this chapter or any rule adopted under 5 9 this chapter. 5 10 c. Failed to engage in or ceased to engage in the 5 11 business described in the application for a license. 5 12 3. Failed to keep and maintain records as required 5 13 by this chapter or rules adopted under this chapter."" 5 14 #3. Page 1, by inserting after line 44 the 5 15 following: 5 16 "# . Title page, line 1, by inserting after the 5 17 word "the" the following: "care of a dead body or 5 18 fetus,". 5 19 # . Title page, line 2, by striking the words 5 20 "and licensing" and inserting the following: 5 21 "licensing". 5 22 # . Title page, line 2, by inserting after the 5 23 word "establishments" the following: "and cremation 5 24 establishments,"." 5 25 SF 259S 5 26 rn/cc/26
Text: H05854 Text: H05856 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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