58-9-302 - Qualifications for licensure.
58-9-302. Qualifications for licensure.
(1) Each applicant for licensure as a funeral service director shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a first or second degree felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a funeralservice director is considered by the division and the board to indicate that the best interests ofthe public are not served by granting the applicant a license;
(d) have obtained a high school diploma or its equivalent or a higher education degree;
(e) have obtained an associate degree, or its equivalent, in mortuary science from aschool of funeral service accredited by the American Board of Funeral Service Education orother accrediting body recognized by the U.S. Department of Education;
(f) have completed not less than 2,000 hours and 50 embalmings, over a period of notless than one year, of satisfactory performance in training as a licensed funeral service internunder the supervision of a licensed funeral service director; and
(g) obtain a passing score on examinations approved by the division in collaboration withthe board.
(2) Each applicant for licensure as a funeral service intern shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a first or second degree felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a funeralservice intern is considered by the division and the board to indicate that the best interests of thepublic are not served by granting the applicant a license;
(d) have obtained a high school diploma or its equivalent or a higher education degree;and
(e) obtain a passing score on an examination approved by the division in collaborationwith the board.
(3) Each applicant for licensure as a funeral service establishment and each funeralservice establishment licensee shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) have in place:
(i) an embalming room for preparing dead human bodies for burial or final disposition,which may serve one or more facilities operated by the applicant;
(ii) a refrigeration room that maintains a temperature of not more than 40 degreesfahrenheit for preserving dead human bodies prior to burial or final disposition, which may serveone or more facilities operated by the applicant; and
(iii) maintain at all times a licensed funeral service director who is responsible for theday-to-day operation of the funeral service establishment and who is personally available toperform the services for which the license is required;
(d) affiliate with a licensed preneed funeral arrangement sales agent or funeral servicedirector if the funeral service establishment sells preneed funeral arrangements;
(e) file with the completed application a copy of each form of contract or agreement theapplicant will use in the sale of preneed funeral arrangements; and
(f) provide evidence of appropriate licensure with the Insurance Department if theapplicant intends to engage in the sale of any preneed funeral arrangements funded in whole or inpart by an insurance policy or product to be sold by the provider or the provider's sales agent.
(4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a first or second degree felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of apreneed funeral sales agent is considered by the division and the board to indicate that the bestinterests of the public are not served by granting the applicant a license;
(d) have obtained a high school diploma or its equivalent or a higher education degree;
(e) have obtained a passing score on an examination approved by the division incollaboration with the board;
(f) affiliate with a licensed funeral service establishment; and
(g) provide evidence of appropriate licensure with the Insurance Department if theapplicant intends to engage in the sale of any preneed funeral arrangements funded in whole or inpart by an insurance policy or product.
Amended by Chapter 183, 2009 General Session