(1) Each applicant for licensure as a funeral service director shall:

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Terms Used In Utah Code 58-9-302

  • Alkaline hydrolysis: means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue and includes the disposal of the liquid and the processing and pulverization of the dry bone residue. See Utah Code 58-9-102
  • Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Commerce. See Utah Code 58-1-102
  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Disposition: means the final disposal of a dead human body by:
         (16)(a) earth interment;
         (16)(b) above ground burial;
         (16)(c) cremation;
         (16)(d) calcination;
         (16)(e) alkaline hydrolysis;
         (16)(f) burial at sea;
         (16)(g) delivery to a medical institution; or
         (16)(h) other lawful means. See Utah Code 58-9-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Embalming: means replacing body fluids in a dead human body with preserving and disinfecting chemicals. See Utah Code 58-9-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Funeral service: means a service, rite, or ceremony performed:
         (19)(a) with respect to the death of a human; and
         (19)(b) with the body of the deceased present. See Utah Code 58-9-102
  • Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102
  • Funeral service establishment: includes :
              (21)(b)(i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
              (21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
  • Funeral service intern: means an individual licensed under this chapter who is permitted to:
         (22)(a) assist a funeral service director in the embalming or other preparation of a dead human body for disposition;
         (22)(b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and
         (22)(c) perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102
  • Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
  • Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:
              (26)(a)(i) goods;
              (26)(a)(ii) services, including:
                   (26)(a)(ii)(A) embalming services; and
                   (26)(a)(ii)(B) funeral directing services;
              (26)(a)(iii) real property; or
              (26)(a)(iv) personal property, including:
                   (26)(a)(iv)(A) a casket;
                   (26)(a)(iv)(B) another primary container;
                   (26)(a)(iv)(C) a cremation, alkaline hydrolysis, or transportation container;
                   (26)(a)(iv)(D) an outer burial container;
                   (26)(a)(iv)(E) a vault;
                   (26)(a)(iv)(F) a grave liner;
                   (26)(a)(iv)(G) funeral clothing and accessories;
                   (26)(a)(iv)(H) a monument;
                   (26)(a)(iv)(I) a grave marker; and
                   (26)(a)(iv)(J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
  • Processing: means the reduction of identifiable bone fragments after the completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments by manual means. See Utah Code 58-9-102
  • Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
     (1)(a) submit an application in a form prescribed by the division;
     (1)(b) pay a fee as determined by the department under Section 63J-1-504;
     (1)(c) have obtained a high school diploma or its equivalent or a higher education degree;
     (1)(d) have obtained an associate degree, or its equivalent, in mortuary science from a school of funeral service accredited by the American Board of Funeral Service Education or other accrediting body recognized by the U.S. Department of Education;
     (1)(e) have completed not less than 2,000 hours and 50 embalmings of satisfactory performance in training as a licensed funeral service intern under the supervision of a licensed funeral service director; and
     (1)(f) obtain a passing score on examinations approved by the division in collaboration with the board.
(2) Each applicant for licensure as a funeral service intern shall:

     (2)(a) submit an application in a form prescribed by the division;
     (2)(b) pay a fee as determined by the department under Section 63J-1-504;
     (2)(c) have obtained a high school diploma or its equivalent or a higher education degree; and
     (2)(d) obtain a passing score on an examination approved by the division in collaboration with the board.
(3) Each applicant for licensure as a funeral service establishment and each funeral service establishment licensee shall:

     (3)(a) submit an application in a form prescribed by the division;
     (3)(b) pay a fee as determined by the department under Section 63J-1-504;
     (3)(c) have in place:

          (3)(c)(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;
          (3)(c)(ii) a refrigeration room that maintains a temperature of not more than 40 degrees fahrenheit for preserving dead human bodies prior to burial or final disposition, which may serve one or more facilities operated by the applicant; and
          (3)(c)(iii) maintain at all times a licensed funeral service director who is responsible for the day-to-day operation of the funeral service establishment and who is personally available to perform the services for which the license is required;
     (3)(d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service director if the funeral service establishment sells preneed funeral arrangements;
     (3)(e) file with the completed application a copy of each form of contract or agreement the applicant will use in the sale of preneed funeral arrangements;
     (3)(f) provide evidence of appropriate licensure with the Insurance Department if the applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in part by an insurance policy or product to be sold by the provider or the provider’s sales agent; and
     (3)(g) if the applicant intends to offer alkaline hydrolysis in a funeral service establishment, provide evidence that in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

          (3)(g)(i) the funeral service establishment meets the minimum standards for the handling, holding, and processing of deceased human remains in a safe, clean, private, and respectful manner; and
          (3)(g)(ii) all operators of the alkaline hydrolysis equipment have received adequate training.
(4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:

     (4)(a) submit an application in a form prescribed by the division;
     (4)(b) pay a fee as determined by the department under Section 63J-1-504;
     (4)(c) have obtained a high school diploma or its equivalent or a higher education degree;
     (4)(d) have obtained a passing score on an examination approved by the division in collaboration with the board;
     (4)(e) affiliate with a licensed funeral service establishment; and
     (4)(f) provide evidence of appropriate licensure with the Insurance Department if the applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in part by an insurance policy or product.
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