Utah Code > Title 58 > Chapter 9 – Funeral Services Licensing Act

		Sections
Part 1	General Provisions	58-9-101 – 58-9-102
Part 2	Board	58-9-201
Part 3	Licensing	58-9-301 – 58-9-307
Part 4	License Denial and Discipline	58-9-401
Part 5	Unlawful and Unprofessional Conduct – Penalties	58-9-501 – 58-9-506
Part 6	Control of Disposition	58-9-601 – 58-9-619
Part 7	Preneed Funeral Arrangement Requirements	58-9-701 – 58-9-708

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Terms Used In Utah Code > Title 58 > Chapter 9 - Funeral Services Licensing Act

Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
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
Alkaline hydrolysis chamber: means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains. See Utah Code 58-9-102
Alkaline hydrolysis container: means a container:
     (3)(a) in which human remains are transported to a funeral service establishment and placed in an alkaline hydrolysis chamber for resomation; and
     (3)(b) that meets substantially all of the following standards:
          (3)(b)(i) able to be closed in order to provide a complete covering for the human remains;
          (3)(b)(ii) resistant to leakage or spillage;
          (3)(b)(iii) rigid enough for handling with ease; and
          (3)(b)(iv) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary: means the individual who, at the time of the individual's death, is to receive the benefit of the property and services purchased under a preneed funeral arrangement. 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
Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102
Calcination: means a process in which a dead human body is reduced by intense heat to a residue that is not as substantive as the residue that follows cremation. See Utah Code 58-9-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102
Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102
Cremation chamber: means the enclosed space within which the cremation process takes place and which is used exclusively for the cremation of human remains. See Utah Code 58-9-102
Cremation container: means the container:
     (13)(a) in which the human remains are transported to the crematory and placed in the cremation chamber for cremation; and
     (13)(b) that meets substantially all of the following standards:
          (13)(b)(i) composed of readily combustible or consumable materials suitable for cremation;
          (13)(b)(ii) able to be closed in order to provide a complete covering for the human remains;
          (13)(b)(iii) resistant to leakage or spillage;
          (13)(b)(iv) rigid enough for handling with ease; and
          (13)(b)(v) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
Crematory: means the building or portion of a building that houses the cremation chamber and the holding facility. See Utah Code 58-9-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Department: means the Department of Commerce. See Utah Code 58-1-102
Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
Direct disposition: means the disposition of a dead human body:
     (15)(a) as quickly as law allows;
     (15)(b) without preparation of the body by embalming; and
     (15)(c) without an attendant funeral service or graveside service. See Utah Code 58-9-102
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 Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
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
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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.
Fraud: Intentional deception resulting in injury to another.
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
Graveside service: means a funeral service held at the location of disposition. See Utah Code 58-9-102
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
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
Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
Memorial service: means a service, rite, or ceremony performed:
(24)(a) with respect to the death of a human; and
(24)(b) without the body of the deceased present. See Utah Code 58-9-102
Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
Mental illness: means :
     (18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
     (18)(b) the same as that term is defined in:
          (18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
          (18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
Patient: means an individual who is:
(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or
(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
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
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Physician: means an individual who is:
(21)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
(21)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Practice of funeral service: means :
     (25)(a) supervising the receipt of custody and transportation of a dead human body to prepare the body for:
          (25)(a)(i) disposition; or
          (25)(a)(ii) shipment to another location;
     (25)(b) entering into a contract with a person to provide professional services regulated under this chapter;
     (25)(c) embalming or otherwise preparing a dead human body for disposition;
     (25)(d) supervising the arrangement or conduct of:
          (25)(d)(i) a funeral service;
          (25)(d)(ii) a graveside service; or
          (25)(d)(iii) a memorial service;
     (25)(e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or the body's remains;
     (25)(f) supervising the arrangement of:
          (25)(f)(i) a disposition; or
          (25)(f)(ii) a direct disposition;
     (25)(g) facilitating:
          (25)(g)(i) a disposition; or
          (25)(g)(ii) a direct disposition;
     (25)(h) supervising the sale of funeral merchandise by a funeral establishment;
     (25)(i) managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment;
     (25)(j) supervising the sale of a preneed funeral arrangement; and
     (25)(k) contracting with or employing individuals to sell a preneed funeral arrangement. See Utah Code 58-9-102
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
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
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
Property: includes both real and personal property. See Utah Code 68-3-12.5
Pulverization: means the reduction of identifiable bone fragments after the completion of the cremation or alkaline hydrolysis and processing to granulated particles by manual or mechanical means. See Utah Code 58-9-102
Resomation: means the alkaline hydrolysis process. 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
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
Temporary container: means a receptacle for cremated or alkaline hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired. See Utah Code 58-9-102
Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-501. See Utah Code 58-9-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-502. See Utah Code 58-9-102
Urn: means a receptacle designed to permanently encase cremated or alkaline hydrolysis remains. See Utah Code 58-9-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5