(1) The director may take disciplinary
action in accordance with sections 12-20-404, 12-135-401, and 12-135-507 against
an applicant or licensee who has:
(a) Advertised, represented, or held themself out as a licensed mortuary
science professional after the expiration, suspension, or revocation of their license;
(b) Falsified information in an application for a license or to renew a license
under this part 5;
(c) Attempted to obtain or obtained a license by fraud, deception, or
misrepresentation;
(d) Engaged in fraud, misrepresentation, deception, or cheating in taking or
furnishing the results of an examination required by section 12-135-603 (1)(b), 12-135-703 (1)(b), 12-135-803 (1)(b), or 12-135-903;
(e) Fraudulently obtained or furnished or aided and abetted another person
in fraudulently obtaining or furnishing:
(I) A license issued under this part 5;
(II) A renewal or reinstatement of a license issued under this part 5; or
(III) A diploma, a certificate, or a record related to a license issued under this
part 5;
(f) (I) Failed to notify the director, in writing, of:
(A) The entry of a final judgment by a court in favor of another party and
against the licensee for malpractice of mortuary science; or
(B) A settlement by the licensee in response to charges or allegations of
malpractice of mortuary science.
(II) To comply with subsection (1)(f)(I) of this section, the licensee must:
(A) Give the notice within ninety days after the entry of the judgment or
settlement; and
(B) For notice of a judgment, include the name of the court, the case number,
and the names of all parties to the action.
(g) (I) A disqualifying criminal history as described in section 12-135-503.
(II) For the purposes of subsection (1)(g)(I) of this section, a certified copy of
a document from a court of competent jurisdiction documenting a conviction or
entry of a plea is conclusive evidence of the conviction or the plea. In considering a
disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.
(h) Advertised, represented, held themself out in any manner, or used any
designation in connection with an individual's name as a mortuary science
professional without being licensed under this article 135;
(i) Violated or aided or abetted a violation of this article 135, article 20 or 30
of this title 12, a rule adopted under this article 135, or an order of the director;
(j) Failed to report to the director the surrender of a license, certification, or
registration to, or an adverse action taken against a license, certification, or
registration by, a governmental agency in another state, territory, or country, a law
enforcement agency, or a court for acts that constitute grounds for discipline under
this article 135 or a rule promulgated under this article 135;
(k) Committed an act that does not meet, or failed to perform an act
necessary to meet, generally accepted standards of mortuary science;
(l) Used fraudulent, coercive, or dishonest practices, or demonstrated
incompetence or untrustworthiness, in this state or elsewhere;
(m) Disinfected, preserved, or made final disposition of human remains with
knowledge sufficient to arouse a reasonable suspicion of a crime in connection with
the cause of death of the decedent unless the licensee has obtained the permission
of the coroner, the deputy coroner, or, if there is no coroner, the district attorney;
(n) Discriminated because of race, creed, color, religion, disability, sex,
sexual orientation, gender identity, gender expression, marital status, national
origin, age, or ancestry in the provision of funeral services or the services of a
mortuary science professional;
(o) Authorized an officer of or employee of a licensee, of a registrant under
section 12-135-110 or 12-135-303, or of another person having a professional
relationship with the decedent to approve or cause the final disposition of human
remains in violation of this article 135;
(p) Paid or provided benefits in a manner that deprives the next of kin or
legal representative of the right to use those payments or benefits at a funeral
establishment of the customer's choice;
(q) Engaged in a business practice that interferes with the freedom of choice
of the general public to choose a mortuary science professional or funeral
establishment;
(r) Refused to properly and promptly release human remains, naturally
reduced remains, or cremated remains to the custody of the person who has the
legal right to effect the release, regardless of whether any costs have been paid;
(s) Told a person that a casket was required when the expressed wish of the
decedent, next of kin, or legal representative was for immediate cremation;
(t) Embalmed, naturally reduced, or cremated human remains without
obtaining permission from the person with the right of final disposition, unless
otherwise required by section 12-135-106;
(u) Prohibited, hindered, or restricted or attempted to prohibit, hinder, or
restrict:
(I) A person from offering or advertising immediate cremation, immediate
natural reduction, advance funeral arrangements, or low-cost funerals;
(II) A person from forming or facilitating arrangements between memorial
societies and funeral industry members; or
(III) A funeral service industry member from disclosing accurate information
concerning funeral merchandise and services;
(v) Engaged in willfully dishonest conduct;
(w) Committed negligence that defrauded or caused injury or was likely to
defraud or cause injury in the practice of cremation, natural reduction, embalming,
funeral directing, or providing for final disposition;
(x) Sold or offered to sell the soil produced by the natural reduction of
human remains to any person;
(y) Commingled the following without the consent of the person or persons
with the right of final disposition, as determined by section 15-19-106, in the course
of a person's business, vocation, or occupation:
(I) The cremated remains of more than one person, except as authorized in
section 12-135-109;
(II) The soil produced by the natural reduction of the human remains of more
than one person, except as authorized in section 12-135-109;
(III) The cremated remains of more than one person within a cremation
chamber; or
(IV) The human remains of more than one person within a container used to
naturally reduce human remains to produce soil; or
(z) Used, in the course of a person's business, vocation, or occupation, the
soil produced by the natural reduction of human remains to grow food for human
consumption.
(2) (a) For purposes of this section only and except as provided in subsection
(2)(b) of this section, next of kin does not include a person who is arrested on
suspicion of having committed, is charged with, or has been convicted of a felony
offense specified in part 1 of article 3 of title 18 involving the death of the decedent.
(b) Subsection (2)(a) of this section does not apply if, before final disposition
of the deceased person's human remains, charges are not brought, charges are
brought but dismissed, or the person charged is acquitted of the alleged crime.