Text: SSB00101 Text: SSB00103 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 156.1, Code 1995, is amended to read as 1 2 follows: 1 3 156.1 DEFINITIONS. 1 4 As used in this chapter unless the context otherwise 1 5 requires: 1 6 1. "Board"shall meanmeans the board of mortuary science 1 7 examiners. 1 8 2. "Cremation" means the technical process, using heat and 1 9 flame, that reduces human remains to bone fragments. The 1 10 reduction takes place through heat and evaporation. Cremation 1 11 shall include the processing, and may include the 1 12 pulverization, of the bone fragments. 1 13 3. "Cremation establishment" means a place of business as 1 14 defined by the board which provides any aspect of cremation 1 15 services. 1 162.4. "Funeral director"shall meanmeans a person 1 17 licensed by the board to practice mortuary science. 1 18 5. "Funeral establishment" means a place of business as 1 19 defined by the board devoted to providing any aspect of 1 20 mortuary science. 1 21 6. "Intern" means a person registered by the board to 1 22 practice mortuary science under the direct supervision of a 1 23 funeral director. 1 243.7. "Mortuary science"shall meanmeans the engaging in 1 25 any of the following: 1 26 a. Preparing, fortheburial or disposal, or directing and 1 27 supervisingtheburial or disposal of dead human bodies. 1 28 b. Furnishing any funeral services, or embalming, in 1 29 connection with the disposition or sale of any casket, vault, 1 30 urn, or other burial receptacle. 1 31 c. Using the words, "funeral director", "mortician" or any 1 32 other title implying that the person is engaged as a funeral 1 33 director as defined in this section. 1 34 d. Embalming by disinfecting or preserving dead human 1 35 bodies, entire or in part, by the use of chemical substances, 2 1 fluids or gases in the body, or by the introduction of same 2 2 into the body by vascular or hypodermic injections, or by 2 3 direct application into the organs or cavities for the purpose 2 4 of preservation or disinfection. 2 5 Nothing contained in this chapter shall be construed as 2 6 prohibiting the operation of any funeral home,orfuneral 2 7 establishment, or cremation establishment by any person, heir, 2 8 fiduciary, firm, co-operative burial association, or 2 9 corporation; provided that. However, each such person, firm, 2 10 co-operative burial association, or corporation shallemploy2 11 ensure that all mortuary science services are provided by a 2 12 funeral director, and shall keep the Iowa department of public 2 13 health advised of the name of the funeral director. 2 14 Sec. 2. Section 156.2, Code 1995, is amended to read as 2 15 follows: 2 16 156.2 PERSONS EXCLUDED. 2 17 Section 156.1 shall not be construed to include the 2 18 following classes of persons: 2 19 1. Manufacturers, wholesalers, andjobbersdistributors of 2 20 caskets, vaults, urns, or other burial receptacles not engaged 2 21 in the other functions of furnishing of funeral services or 2 22 embalming as above defined. 2 232. Those who distribute or sell caskets, vaults, or any2 24other burial receptacles and who do not furnish any funeral2 25service or embalming, except a registered apprentice under the2 26personal direction of a funeral director.2 273.2. Those who use bodies for scientific purposes as 2 28 defined in sections 142.1, 142.2, and 142.5; or those who make 2 29 scientific examinations of dead bodies,; or perform autopsies. 2 304.3. Physicians or institutions who preserve parts of 2 31 human bodies either for scientific purposes or for use as 2 32 evidence in prospective legal cases. 2 335.4. Personsburyingwho, without compensation, bury 2 34 their own dead under a burialpermit from the registrar of2 35vital statisticstransit permit secured pursuant to 144.32. 3 1 Sec. 3. Section 156.3, Code 1995, is amended to read as 3 2 follows: 3 3 156.3 ELIGIBILITY REQUIREMENTS. 3 4 To be eligible to take the examination for a funeral 3 5 director's license, a person musthave completed two academic3 6years of instruction in a recognized college or university in3 7a course of study approved by the board or have equivalent3 8education as defined by the board and have satisfactorily3 9completed a course of instruction in mortuary science in an3 10accredited school approved by the boardpossess a bachelor of 3 11 arts or bachelor of science degree from an accredited college 3 12 or university and must also have satisfactorily completed a 3 13 course of instruction in mortuary science in an accredited 3 14 school approved by the board. 3 15 Sec. 4. Section 156.4, subsections 1 and 5, Code 1995, are 3 16 amended to read as follows: 3 17 1. The practice of a funeral director must be conducted 3 18 from a funeral establishmentequipped for the care and3 19preparation for burial or transportation of dead human bodies3 20 licensed by the board. 3 21 5. After the applicant shall have completed satisfactorily 3 22 the course of instruction in mortuary science in an accredited 3 23 school approved by the board, the applicant must pass the 3 24 examination prescribed by the board as provided in section 3 25 147.34. The applicant may then receivea class "A"3 26certificate of apprenticeshipan internship certificate and 3 27 shall then complete a minimumof one additional year of3 28apprenticeshipone-year internship as determined by the board. 3 29The apprentice shall assist in the direction of not less than3 30twenty-five funerals under the direct supervision of a funeral3 31director. The apprentice shall arterially embalm not less3 32than twenty-five dead human bodies under the direct3 33supervision of a funeral director. TheAfter completion of 3 34 the internship, the applicant shall demonstrate proficiency as 3 35 directed by the boardof mortuary science examiners by4 1practical examination. 4 2 Sec. 5. Section 156.8, Code 1995, is amended to read as 4 3 follows: 4 4 156.8APPRENTICESHIPINTERNSHIPS. 4 5 The board shall, by rule, provide forapprenticeships4 6 internships infuneral directingmortuary science, and shall 4 7 regulate the registration, training, and fee for 4 8apprenticeshipsinternships. 4 9 Sec. 6. Section 156.9, Code 1995, is amended to read as 4 10 follows: 4 11 156.9 REVOCATION OF LICENSE. 4 12 1. Notwithstanding section 147.87 and in addition to the 4 13 provisions of sections 147.58 through 147.71, the board may 4 14 restrict, suspend, or revoke a license to practice mortuary 4 15 science or place a licensee on probation. The board shall 4 16 adopt rules of procedure pursuant to chapter 17A by which to 4 17 restrict, suspend, or revoke a license. The board may also 4 18 adopt rules pursuant to chapter 17A relating to conditions of 4 19 license reinstatement. 4 20 2.TheIn addition to the grounds stated in sections 4 21 147.55 and 272C.10, the board may revoke or suspend the 4 22 license of a funeral director for any one of the following 4 23 acts: 4 241.a. Knowingly misrepresenting any material matter to a 4 25 prospective purchaser of funeral merchandise, furnishings, or 4 26 services. 4 272.b. Executing a death certificate orshipping paper4 28 burial transit permit for useofby anyone except a funeral 4 29 director or aregistered apprenticecertified intern who is 4 30 working under theimmediate personaldirect supervision of a 4 31 funeral director unless otherwise allowed under section 4 32 144.32. 4 333.c.Any of the applicable grounds for revocation or4 34suspension of a license provided in chapters 147 and 272C4 35 Knowingly aiding, assisting, procuring, advising, or allowing 5 1 a person to unlawfully practice mortuary science. 5 2 d. Willful or repeated violations of this chapter, or the 5 3 rules adopted pursuant to this chapter. 5 4 Sec. 7. Section 156.10, Code 1995, is amended to read as 5 5 follows: 5 6 156.10 INSPECTION. 5 7 The director of public health shall inspect all places 5 8 where dead human bodies are prepared or held for burial,or5 9 entombment;, or cremation, andto prescribeshall adopt and 5 10 enforce such rules and regulations in connectiontherewith5 11 with the inspection as shall be necessary for the preservation 5 12 of the public health. 5 13 An inspection fee for each place where dead human bodies 5 14 are prepared for burial or cremation shall be fifteen dollars 5 15 per year, which shall be collected by the director of public 5 16 health.The inspection fees collected under this section5 17shall be paid to the treasurer of state who shall maintain a5 18trust fund to be used only for paying the cost of inspection5 19of such places.5 20 Sec. 8. NEW SECTION. 156.14 FUNERAL ESTABLISHMENT AND 5 21 CREMATION ESTABLISHMENT LICENSE. 5 22 1. A person shall not establish, conduct, or maintain a 5 23 funeral establishment or a cremation establishment in this 5 24 state without a license. The license shall be identified as 5 25 an establishment license. 5 26 a. An establishment license issued by the board under this 5 27 chapter shall be issued for a site and in the name of the 5 28 individual in charge and is not transferable or assignable. 5 29 b. A separate license is required for each principal place 5 30 of practice. 5 31 c. The license of the establishment shall be displayed. 5 32 2. The board shall specify by rule the licensing 5 33 procedures to be followed, including specifications of forms 5 34 for use in applying for an establishment license and fees for 5 35 filing an application. The board shall specify by rule 6 1 minimum standards for professional responsibility in the 6 2 conduct of a funeral establishment or a cremation 6 3 establishment. 6 4 3. To qualify for a funeral establishment or a cremation 6 5 establishment license, the applicant shall submit to the board 6 6 a license fee as determined by the board and a completed 6 7 application on a form prescribed by the board that shall 6 8 include the following information and be given under oath: 6 9 a. Ownership of the establishment. 6 10 b. Location of the establishment. 6 11 c. The license number of each funeral director employed by 6 12 the establishment at the time of the application. 6 13 d. The trade or corporate name of the establishment. 6 14 e. The name of the individual in charge, who has the 6 15 authority and responsibility for the establishment's 6 16 compliance with laws and rules pertaining to the operation of 6 17 the establishment. 6 18 4. A person who falsely makes the affidavit prescribed in 6 19 subsection 3 is subject to all penalties prescribed for making 6 20 a false affidavit. 6 21 Sec. 9. NEW SECTION. 156.15 FUNERAL ESTABLISHMENTS AND 6 22 CREMATION ESTABLISHMENTS &endash; LICENSE REQUIRED &endash; DISCIPLINE, 6 23 VIOLATIONS, AND PENALTIES. 6 24 1. A funeral establishment or cremation establishment 6 25 shall not be operated until a license or renewal certificate 6 26 has been issued to the establishment by the board. 6 27 2. The board shall refuse to issue an establishment 6 28 license when an applicant fails to meet the requirements of 6 29 section 156.14. The board may refuse to issue or renew a 6 30 license or may impose a penalty, not to exceed ten thousand 6 31 dollars, issue a reprimand, or revoke, restrict, cancel, or 6 32 suspend a license, and may place a licensee on probation, if 6 33 the board finds that the applicant or licensee has done any of 6 34 the following: 6 35 a. Been convicted of a felony or a misdemeanor involving 7 1 moral turpitude, or if the applicant is an association, joint 7 2 stock company, partnership, or corporation, that a managing 7 3 officer has been convicted of a felony or a misdemeanor 7 4 involving moral turpitude, under the laws of this state, 7 5 another state, or the United States. 7 6 b. Violated this chapter or any rule adopted under this 7 7 chapter or that any owner or employee of the establishment has 7 8 violated this chapter or any rule adopted under this chapter. 7 9 c. Knowingly aided, assisted, procured, advised, or 7 10 allowed a person to unlawfully practice mortuary science. 7 11 d. Failed to engage in or ceased to engage in the business 7 12 described in the application for a license. 7 13 3. Failed to keep and maintain records as required by this 7 14 chapter or rules adopted under this chapter. 7 15 EXPLANATION 7 16 This bill expands the authority of the mortuary science 7 17 board to regulate cremation services, establishes licenses for 7 18 cremation and funeral establishments, and provides that the 7 19 board establish standards for these establishments. 7 20 Section 1 defines cremation and funeral establishments. 7 21 Intern replaces the term apprentice throughout the chapter and 7 22 is defined in this section. 7 23 Section 2 strikes unnecessary language and includes the 7 24 Code section where the procedure for obtaining a burial 7 25 transit permit is for those individuals who bury their own 7 26 dead. 7 27 Section 3 adds the requirement of a bachelor of science 7 28 degree to be eligible for a funeral director's license. 7 29 Sections 4 and 5 make necessary changes in terminology. 7 30 The apprenticeship certificate is changed to require a one- 7 31 year internship in mortuary science. 7 32 Section 6 expands the options the board has when taking 7 33 action against a licensee, including probation. The section 7 34 also clarifies the grounds on which the board can take action 7 35 against a licensee. 8 1 Section 7 adds cremation to public health inspections and 8 2 strikes the language providing for a trust fund to be set up 8 3 by the treasurer of state. 8 4 Section 8 establishes licenses for funeral and cremation 8 5 establishments. This includes qualifications for license, 8 6 development of professional standards, and the ability to set 8 7 fees. 8 8 Section 9 requires licensure and provides the board with 8 9 the authority to impose fines not to exceed $10,000, 8 10 suspension, revocation, or other penalties against a licensed 8 11 establishment. 8 12 BACKGROUND STATEMENT 8 13 SUBMITTED BY THE AGENCY 8 14 The board of mortuary sciences proposed legislation to 8 15 establish greater oversight and accountability of the mortuary 8 16 science industry in the state in order to safeguard consumer 8 17 interests and protect the public health. 8 18 By placing the practice of cremation under the purview of 8 19 the board, regulations will be established to ensure that 8 20 professional standards are adhered to. Further, licensing of 8 21 crematoriums and funeral establishments will guarantee that 8 22 all services are provided under the supervision of a licensed 8 23 funeral director. 8 24 LSB 1246DP 76 8 25 cl/jj/8
Text: SSB00101 Text: SSB00103 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/00100/SSB00102/950207.html
jhf