(1) “Unprofessional conduct” includes:

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Terms Used In Utah Code 58-9-502

  • 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
  • Funeral merchandise: means any of the following into which a dead human body is placed in connection with the transportation or disposition of the body:
              (18)(a)(i) a vault;
              (18)(a)(ii) a casket; or
              (18)(a)(iii) other personal property. See Utah Code 58-9-102
  • 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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
     (1)(a) the failure of a funeral service director to accurately document, report, and supervise the activities of a funeral service intern;
     (1)(b) knowingly soliciting the sale of any funeral service or funeral merchandise for a person whose death occurred or was imminent prior to the solicitation;
     (1)(c) paying or offering to pay a commission or anything of value to secure deceased human remains for a funeral service or disposition to:

          (1)(c)(i) medical personnel;
          (1)(c)(ii) a nursing home;
          (1)(c)(iii) a nursing home employee;
          (1)(c)(iv) a hospice;
          (1)(c)(v) a hospice employee;
          (1)(c)(vi) clergy;
          (1)(c)(vii) a government official; or
          (1)(c)(viii) any other third party; and
     (1)(d) failure to provide the following current information to the division:

          (1)(d)(i) a licensee‘s business address;
          (1)(d)(ii) a licensee’s primary residence;
          (1)(d)(iii) a funeral service establishment‘s funeral service director; or
          (1)(d)(iv) a supervising funeral service director’s funeral service intern’s name.
(2) “Unprofessional conduct” does not include:

     (2)(a) general advertising directed to the public at large; or
     (2)(b) responding to a notification of death from:

          (2)(b)(i) medical personnel;
          (2)(b)(ii) a nursing home;
          (2)(b)(iii) a nursing home employee;
          (2)(b)(iv) a hospice;
          (2)(b)(v) a hospice employee;
          (2)(b)(vi) clergy;
          (2)(b)(vii) a government official; or
          (2)(b)(viii) any authorized representative of the family of the deceased person.