§ 40-19-110 — Unprofessional conduct; refusal to issue or renew license; suspension or revocation of license; probation.

The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes: (1) making misrepresentations or committing fraud while engaging in the practice of funeral service; (2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment. An advertisement must include the physical address of the funeral home, funeral establishment, mortuary, or crematory where the advertised services will be provided. The board shall promulgate regulations establishing additional requirements for advertisements relating to providing funeral services, including Internet advertisements; (3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising; (4) employing persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain business for the licensee; (5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment; (6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct; (7) aiding or abetting an unlicensed person to engage in the practice of funeral service; (8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise; (9) refusing to properly release a dead human body to the custody of the person or entity that has the legal right to affect a release. The release must include payment for the actual services provided by the initial funeral home as transferor of the dead human body over to the receiving transferee. The receiving transferee funeral home is responsible for the payment to the transferring funeral home at the time of the transfer of the dead human body; (10) failing to secure a permit for removal or burial of a dead human body before interment or disposal; (11) knowingly making a false statement on a certificate of death; (12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral; (13) discriminating in services because of race, creed, color, or national origin; (14) violating a state or federal law or municipal or county ordinance or regulation concerning funeral establishments or the practice of funeral service; (15) permitting an unlicensed person to engage in the practice of funeral service. (16) an embalmer, funeral director, funeral company, cemetery, or related entity charging a fee for assignment to the embalmer, funeral director, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35.

Legislative History

HISTORY: 1998 Act No. 380, SECTION 1; 2002 Act No. 322, SECTION 5; 2004 Act No. 188, SECTION 6; 2007 Act No. 74, SECTION 3; 2018 Act No. 135 (S.185), SECTION 2, eff March 12, 2018; 2024 Act No. 223 (H.4116), SECTION 11, eff July 1, 2024. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-668; 1967 (55) 937; 1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-180. Effect of Amendment 2018 Act No. 135, SECTION 2, in (2), added the second and third sentences, providing requirements for funeral service advertisements. 2024 Act No. 223, SECTION 11, rewrote (9).