KRS § 316.150 — KY Code / Title XXVI / Chapter 316 / Section 316.150
316.150 Nonissuance, nonrenewal, revocation, suspension, and probation of licenses
Status: in_force

316.150 Nonissuance, nonrenewal, revocation, suspension, and probation of

licenses.

(1) The board may refuse to issue or renew, may revoke, or suspend and impose

probationary conditions on the license of any Kentucky-licensed embalmer or

Kentucky-licensed funeral director, and may issue a written reprimand and

impose a fine, for:

(a) Violating any provision of this chapter, any lawful order of the board, or

any administrative regulation promulgated by the board pursuant to this

chapter;

(b) Being convicted of any felony, or any misdemeanor if the misdemeanor

relates to the practice of embalming or funeral directing, if in accordance

with KRS Chapter 335B. For purposes of this subsection, a conviction

includes a finding or verdict of guilt or an entry of a guilty plea or a plea of

no contest;

(c) Paying or offering to pay, directly or indirectly, any consideration of value

to secure a funeral, prior to or after an individual's death, or allowing the

applicant's or licensee's employee or immediate family member to pay

anything of value to secure a funeral;

(d) Soliciting business in any way by offering or giving any service which is

not a normal function of a licensed embalmer or a licensed funeral

director in a regular service;

(e) Permitting any person who is not a Kentucky-licensed embalmer or

Kentucky-licensed funeral director to perform any service pertaining to

embalming or funeral directing required by law of a licensed embalmer or

a licensed funeral director, from the time of death until interment;

(f) Misrepresenting or concealing a material fact in obtaining a license or an

apprentice registration;

(g) Assisting any applicant for an embalmer's or a funeral director's license in

obtaining the license by misrepresentation or concealment of a material

fact in registering for an apprenticeship, or during the period of serving an

apprenticeship, or in taking or passing the examination for an embalmer's

or a funeral director's license;

(h) Being sanctioned for a violation of any state or federal statute or

administrative regulation governing the funeral industry or its practice for

which a plan of correction or remedial action was not accepted by the

state or federal authority; or

(i) Committing any act which constitutes unprofessional, fraudulent,

misleading, corrupt, deceptive, or dishonest conduct. If the act constitutes

a crime, conviction in a criminal proceeding shall not be a condition

precedent to a disciplinary action.

(2) The board may refuse to issue, may revoke, or suspend and impose

probationary conditions on the registration of an apprentice, and may issue a

written reprimand and impose a fine, for:

(a) Violating any of the provisions set out in paragraphs (a) to (i) of

subsection (1) of this section; or

(b) Disobeying the proper orders or instructions of a superior.

(3) The board may refuse to issue or renew, may revoke, or suspend and impose

probationary conditions on the license of any funeral establishment, and may

issue a written reprimand and impose a fine, for:

(a) Misrepresenting or concealing a material fact in obtaining a funeral

establishment license;

(b) Operating a funeral establishment in violation of any lawful order of the

board or any state or federal statute or administrative regulation

governing the operation of a funeral establishment; or

(c) Operating a funeral establishment without the supervision of a

Kentucky-licensed embalmer or a Kentucky-licensed funeral director.