Senate
File
563
-
Introduced
SENATE
FILE
563
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
198)
A
BILL
FOR
An
Act
relating
to
the
licensure
of
crematory
operators
and
1
funeral
establishments,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
563
Section
1.
Section
156.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
“Crematory
operator”
means
a
person
3
licensed
by
the
board
to
operate
a
cremation
establishment
and
4
crematory
equipment.
5
Sec.
2.
NEW
SECTION
.
156.6
Crematory
operators.
6
1.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
7
for
the
licensure
of
crematory
operators.
The
rules
shall
8
require
an
applicant
to
complete
a
specialized
course
in
9
cremation,
approved
by
the
board,
from
a
nationally
recognized
10
organization.
11
2.
Notwithstanding
subsection
1,
the
board
shall
issue
a
12
crematory
operator
license
to
a
funeral
director
who
submits
an
13
application
in
a
form
prescribed
by
the
board.
14
Sec.
3.
Section
156.9,
Code
2025,
is
amended
to
read
as
15
follows:
16
156.9
Revocation
of
license
to
practice
mortuary
science
or
17
operate
a
cremation
establishment
.
18
1.
Notwithstanding
section
147.87
,
the
board
may
restrict,
19
suspend,
or
revoke
a
license
to
practice
mortuary
science
or
20
operate
a
cremation
establishment,
or
place
a
licensee
on
21
probation.
The
board
shall
adopt
rules
of
procedure
pursuant
22
to
chapter
17A
by
which
to
restrict,
suspend,
or
revoke
a
23
license.
The
board
may
also
adopt
rules
pursuant
to
chapter
24
17A
relating
to
conditions
of
license
reinstatement.
25
2.
In
addition
to
the
grounds
stated
in
sections
147.55
and
26
272C.10
,
the
board
may
revoke
or
suspend
the
license
of,
or
27
otherwise
discipline,
a
funeral
director
or
crematory
operator
28
for
any
one
of
the
following
acts:
29
a.
Knowingly
misrepresenting
any
material
matter
to
a
30
prospective
purchaser
of
funeral
merchandise,
furnishings,
or
31
services.
32
b.
A
violation
of
chapter
144
related
to
the
practice
of
33
mortuary
science
or
the
operation
of
a
cremation
establishment
.
34
c.
Knowingly
aiding,
assisting,
procuring,
advising,
or
35
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allowing
a
person
to
unlawfully
practice
mortuary
science
or
1
operate
a
cremation
establishment
or
crematory
equipment
.
2
d.
Willful
or
repeated
violations
of
this
chapter
,
or
the
3
rules
adopted
pursuant
to
this
chapter
.
4
Sec.
4.
Section
156.12,
Code
2025,
is
amended
to
read
as
5
follows:
6
156.12
Funeral
directors
and
crematory
operators
——
7
solicitation
of
business
——
exceptions
——
penalty.
8
Every
funeral
director
or
crematory
operator
,
or
person
9
acting
on
behalf
of
a
funeral
director
or
crematory
operator
,
10
who
pays
or
causes
to
be
paid
any
money
or
other
thing
of
value
11
as
a
commission
or
gratuity
for
the
securing
of
business
for
12
the
funeral
director
or
crematory
operator
,
and
every
person
13
who
accepts
or
offers
to
accept
any
money
or
other
thing
of
14
value
as
a
commission
or
gratuity
from
a
funeral
director
or
15
crematory
operator
in
order
to
secure
business
for
the
funeral
16
director
or
crematory
operator
commits
a
simple
misdemeanor.
17
This
section
does
not
prohibit
any
person,
firm,
cooperative
18
burial
association,
or
corporation,
subject
to
the
provisions
19
of
this
chapter
,
from
using
legitimate
and
honest
advertising.
20
This
section
does
not
apply
to
sales
made
in
accordance
with
21
chapter
523A
.
22
Sec.
5.
Section
156.14,
subsection
3,
unnumbered
paragraph
23
1,
Code
2025,
is
amended
to
read
as
follows:
24
To
qualify
for
a
funeral
establishment
or
a
cremation
25
establishment
license,
the
applicant
shall
submit
to
the
board
26
a
license
fee
as
determined
by
the
board
and
a
completed
27
application
on
a
form
prescribed
by
the
board
that
shall
28
include
the
following
information
and
be
given
under
oath:
29
Sec.
6.
Section
156.14,
subsection
3,
paragraph
e,
Code
30
2025,
is
amended
to
read
as
follows:
31
e.
The
name
of
the
individual
funeral
director
in
32
charge,
who
has
the
authority
and
responsibility
for
the
33
establishment’s
compliance
with
laws
and
rules
pertaining
to
34
the
operation
of
the
establishment.
35
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563
Sec.
7.
Section
156.14,
Code
2025,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
To
qualify
for
a
cremation
3
establishment
license,
the
applicant
shall
submit
to
the
board
4
a
license
fee
as
determined
by
the
board
and
a
completed
5
application
on
a
form
prescribed
by
the
board
that
shall
6
include
the
following
information
and
be
given
under
oath:
7
a.
Ownership
of
the
establishment.
8
b.
Location
of
the
establishment.
9
c.
The
license
number
of
each
funeral
director
or
crematory
10
operator
employed
by
the
establishment
at
the
time
of
the
11
application.
12
d.
The
trade
or
corporate
name
of
the
establishment.
13
e.
The
name
of
the
funeral
director
or
crematory
operator
14
in
charge,
who
has
the
authority
and
responsibility
for
the
15
establishment’s
compliance
with
laws
and
rules
pertaining
to
16
the
operation
of
the
establishment.
17
Sec.
8.
Section
156.14,
subsection
4,
Code
2025,
is
amended
18
to
read
as
follows:
19
4.
A
person
who
falsely
makes
the
affidavit
prescribed
in
20
subsection
3
or
3A
is
subject
to
all
penalties
prescribed
for
21
making
a
false
affidavit.
22
Sec.
9.
Section
156.15,
subsection
2,
paragraph
c,
Code
23
2025,
is
amended
to
read
as
follows:
24
c.
Knowingly
aided,
assisted,
procured,
advised,
or
allowed
25
a
person
to
unlawfully
practice
mortuary
science
or
unlawfully
26
operate
a
crematory
establishment
or
crematory
equipment
.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
the
licensure
of
crematory
operators
31
and
funeral
establishments.
The
bill
requires
the
board
of
32
mortuary
science
(board)
to
adopt
rules
for
the
licensure
33
of
crematory
operators,
which
shall
require
an
applicant
to
34
complete
a
specialized
course
in
cremation
from
a
nationally
35
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563
recognized
organization.
The
bill
also
requires
the
board
to
1
grant
a
crematory
operator
license
to
a
funeral
director
who
2
submits
an
application
to
the
board.
3
The
bill
allows
a
person
licensed
as
a
crematory
operator
4
or
funeral
director
to
operate
a
cremation
establishment
but
5
requires
a
person
who
operates
a
funeral
establishment
to
be
6
licensed
as
a
funeral
director.
The
bill
makes
conforming
7
changes
by
making
prohibitions
and
penalties
that
currently
8
apply
to
funeral
directors
also
apply
to
crematory
operators.
9
The
bill
makes
the
payment
of
anything
of
value
to
secure
10
business
for
a
crematory
operator
a
simple
misdemeanor.
A
11
simple
misdemeanor
is
punishable
by
confinement
for
no
more
12
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
13
A
person
who
falsely
makes
an
affidavit
in
the
application
for
14
a
crematory
establishment
license
is
subject
to
all
penalties
15
prescribed
for
making
a
false
affidavit.
16
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