§ 1211 - Definitions
§ 1211. Definitions
(a) The following words as used in this chapter, unless a contrary meaning is required by the context, shall have the following meanings:
(1) "Crematory establishment" means a place of business conducted at a specific street address or location devoted to the disposition of dead human bodies by means of cremation.
(2) "Funeral director" means a licensed person who is the owner, co-owner, employee or manager of a licensed funeral establishment and who, for compensation, engages in the practice of funeral service.
(3) "Funeral establishment" means a place of business conducted at a specific street address or location devoted to the practice of funeral service.
(4) "Practice of funeral service" means arranging, directing, or providing for the care, preparation, or disposition of dead human bodies for a fee or other compensation. This includes, but is not limited to:
(A) meeting with the public to select a method of disposition or funeral observance and merchandise;
(B) entering into contracts, either at-need or pre-need, for the provision of dispositions, funeral observances, and merchandise;
(C) arranging, directing, or performing the removal or transportation of a dead human body;
(D) securing or filing certificates, permits, forms or other documents;
(E) supervising or arranging a funeral, memorial, viewing, or graveside observance;
(F) holding oneself out to be a licensed funeral director by using the words or terms "funeral director", "mortician", "undertaker", or any other words, terms, title, or picture that, when considered in context, would imply that such person is engaged in the practice of funeral service or is a licensed funeral director.
(5) "Removal" means the removal of dead human bodies from places of death, hospitals, institutions, or other locations, for a fee or other compensation.
(b) Nothing in this section shall prohibit cemetery owners, associations or their employees from engaging in any functions normally performed by them in the course of their everyday affairs as allowed by chapter 121 of Title 18.
(c) Notwithstanding this section, crematory owners and their personnel may engage in the listed activities in subsection (a) of this section only to the extent such functions are necessary to the performance of their duties. Specifically, crematory personnel may:
(1) provide for the disposition of dead human bodies by cremation, and meet with the public to arrange and provide for the disposition;
(2) enter into contracts, without taking prepaid funds, for the provision of dispositions by cremation;
(3) arrange, direct or perform the removal or transportation of a dead human body, so long as removals are performed by licensed removal personnel; and
(4) secure and file certificates, permits, forms or other documents. (Amended 1959, No. 224, § 3; 1995, No. 138 (Adj. Sess.), § 1a; 1999, No. 52, § 12; 2001, No. 151 (Adj. Sess.), § 10, eff. June 27, 2002.)