reglab/housing_qa huggingface dataset:
KS Stat § 65-1723 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1723 Powers of state board of mortuary arts; fees and expenses.

65-1723. Powers of state board of mortuary arts; fees and expenses. The state board of mortuary arts shall have the power to adopt and enforce all necessary rules and regulations not inconsistent with this act for examining and licensing funeral directors and assistant funeral directors, issuing licenses by reciprocity, establishing ethical standards and practices and regulating the general practice of funeral directing and cremation. The board shall have the power to inspect funeral establishments, branch establishments and crematories, and to require that funeral establishments, branch establishments and crematories, be maintained, operated and kept in a clean and sanitary condition in accordance with the provisions of this act, rules and regulations of the board and any applicable rules and regulations of the secretary of health and environment. If a person applies for a license for the purpose of opening a new funeral establishment or branch establishment for the purpose of operating a funeral establishment, branch establishment or crematory which has not been heretofore inspected and approved by the board, or if a licensed funeral director or crematory operator in charge makes structural alterations or additions to an existing funeral establishment, branch establishment or crematory, the board shall have the right to withhold the issuance or renewal of any license until any such funeral establishment, branch establishment or crematory has been inspected and approved by the board or its representatives. All references herein to "board" shall refer to the state board of mortuary arts of the state of Kansas unless otherwise clearly indicated. The board is hereby authorized and empowered to do all things necessary and proper in the administration of all the provisions of this act. Members of the state board of mortuary arts shall be allowed the same fees and expenses as are allowed for administering the embalmers' license law.History: L. 1935, ch. 234, § 11; L. 1941, ch. 297, § 23; L. 1975, ch. 462, § 92; L. 1979, ch. 188, § 10; L. 1985, ch. 215, § 14; L. 1986, ch. 238, § 2; L. 2001, ch. 183, § 10; Jan. 1, 2002.
KS Stat § 65-1725 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1725 Severability of 1935 act.

65-1725. Severability of 1935 act. This act shall be separable, and in case for any reason any provision or part of this act shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph, provision or part of this act.History: L. 1935, ch. 234, § 13; May 15.
KS Stat § 65-1725a (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1725a Severability of 1941 act.

65-1725a. Severability of 1941 act. This act shall be separable, and in case for any reason any provision or part of this act shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph, provision or part of this act.History: L. 1941, ch. 297, § 14; June 30.
KS Stat § 65-1726 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1726 Penalties for violations.

65-1726. Penalties for violations.  Any person who violates any provision of article 17 of chapter 65 of the Kansas Statutes Annotated shall be guilty of a class A nonperson misdemeanor.History: L. 1935, ch. 234, § 14; L. 1995, ch. 86, § 4; July 1.
KS Stat § 65-1728 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1728 Eye enucleation; embalmers and other persons; certificate of competence; liability.

65-1728. Eye enucleation; embalmers and other persons; certificate of competence; liability. For the purpose of removing an eye or part thereof, any embalmer licensed in accordance with the provisions of article 17 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, a licensed nurse, technician employed by a nationally certified eye bank, licensed optometrist, emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, or physician assistant, who has completed a course in eye enucleation at a school certified by the department of ophthalmology, college of medicine of the university of Kansas school of medicine, and holds a valid certificate of competence from such certified school, or a person licensed to practice medicine and surgery is hereby authorized to enucleate eyes from any body when the gift of such eye has been made in accordance with the terms of the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and amendments thereto. Persons certified in accordance with this section and persons licensed to practice medicine and surgery who perform the enucleation of eyes in accordance with the provisions of K.S.A. 65-3220 through 65-3244, and amendments thereto, shall incur no liability, civil or criminal, for his acts in performance of enucleation of eyes.History: L. 1972, ch. 238, § 1; L. 1998, ch. 65, § 1; L. 2004, ch. 117, § 4; L. 2007, ch. 127, § 31; L. 2019, ch. 64, § 13; June 6.
KS Stat § 65-1729 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1729 Funeral establishment license; branch establishment license; fees; disposition of moneys; unlawful acts.

65-1729. Funeral establishment license; branch establishment license; fees; disposition of moneys; unlawful acts. (a) The funeral director in charge of a funeral establishment, as defined by K.S.A. 65-1713a and amendments thereto, including any branch establishment, located or doing business within the state shall apply for and obtain a funeral establishment license or branch establishment license, as appropriate, from the state board of mortuary arts for each location within the state of such funeral establishment or branch establishment.(b) An application for a new license is required if the funeral establishment or branch establishment changes ownership, name or location. Such application shall be made to the state board of mortuary arts at least 30 days prior to such change of ownership, name or location.(c) The funeral establishment license fee or branch establishment license fee shall be fixed by the state board of mortuary arts under K.S.A. 65-1727 and amendments thereto and shall be due and paid to the state board of mortuary arts on or before the expiration date of such license. The disposition of all funds collected under the provisions of this act shall be in accordance with the provisions of K.S.A. 65-1718 and amendments thereto.(d) Each funeral establishment license or branch establishment license shall expire every two years on a date established by the state board of mortuary arts by duly adopted rules and regulations.(e) It is unlawful for any person who does not hold a funeral establishment or branch establishment license to operate, offer to operate, advertise or represent oneself as operating a funeral or branch establishment.History: L. 1973, ch. 250, § 1; L. 1979, ch. 188, § 12; L. 1981, ch. 300, § 5; L. 1985, ch. 215, § 16; L. 1986, ch. 238, § 4; L. 1991, ch. 190, § 7; L. 1992, ch. 51, § 2; L. 1995, ch. 86, § 6; July 1.
KS Stat § 65-1730 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1730 Rules and regulations.

65-1730. Rules and regulations. The state board of mortuary arts shall adopt rules and regulations for the administration of this act.History: L. 1973, ch. 250, § 2; L. 1985, ch. 215, § 17; July 1.
KS Stat § 65-1731 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1731 Failure, neglect or refusal to pay fee classified as class B misdemeanor.

65-1731. Failure, neglect or refusal to pay fee classified as class B misdemeanor. It shall be unlawful for any officer or agent of any funeral establishment or branch establishment required to pay the establishment fee authorized by the provisions of this act to fail, neglect or refuse to pay such fee. Any officer or agent of such funeral establishment or branch establishment who fails, neglects or refuses to pay such fee shall be guilty of a class B misdemeanor.History: L. 1973, ch. 250, § 3; L. 1986, ch. 238, § 5; July 1.
KS Stat § 65-1734 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1734 Order of priority of persons authorized to dispose of decedent's remains; immunity of funeral directors, funeral establishments and crematories.

65-1734. Order of priority of persons authorized to dispose of decedent's remains; immunity of funeral directors, funeral establishments and crematories. (a) The following persons, in order of priority stated, may order any lawful manner of final disposition of a decedent's remains including burial, cremation, entombment or anatomical donation:(1) The agent for health care decisions established by a durable power of attorney for health care decisions pursuant to K.S.A. 58-625 et seq., and amendments thereto, if such power of attorney conveys to the agent the authority to make decisions concerning disposition of the decedent's remains;(2) the spouse of the decedent;(3) the decedent's surviving adult children. If there is more than one adult child, any adult child who confirms in writing the notification of all other adult children, may direct the manner of disposition unless the funeral establishment or crematory authority receives written objection to the manner of disposition from another adult child;(4) the decedent's surviving parents;(5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may direct the manner of disposition;(6) a guardian of the person of the decedent at the time of such person's death;(7) the personal representative of the decedent; or(8) in the case of indigents or any other individuals whose final disposition is the responsibility of the state or county, the public official charged with arranging the final disposition pursuant to K.S.A. 22a-215, and amendments thereto.(b) If the decedent died during active military service, as provided in 10 U.S.C. § 1481(a)(1) through (8), in any branch of the United States armed forces, United States reserve forces or national guard, the person authorized by the decedent to direct disposition pursuant to public law 109-163, § 564, as listed on the decedent's United States department of defense record of emergency data, DD form 93, or its successor form, shall take priority over all other persons described in subsection (a).(c) A funeral director, funeral establishment or crematory shall not be subject to criminal prosecution or civil liability for carrying out the otherwise lawful instructions of the person or persons under subsection (a) if the funeral director reasonably believes such person is entitled to control final disposition.History: L. 2000, ch. 122, § 2; L. 2011, ch. 33, § 1; July 1.
KS Stat § 65-1752 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1752 Solicitation of clients; prohibitions.

65-1752. Solicitation of clients; prohibitions. A licensee or the licensee's representative shall not initiate contact with a client or prospective client:(a) If the person solicited has made known a desire not to receive the communication; or(b) if the solicitation involves coercion, duress or harassment; or(c) if the solicitation takes place at the residence of the client or prospective client, is uninvited by the client or prospective client and has not been previously agreed to by the client or prospective client.History: L. 1987, ch. 237, § 2; July 1.
KS Stat § 65-1753 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1753 Dead human bodies; removal and delivery.

65-1753. Dead human bodies; removal and delivery. (a) Except as otherwise provided by law and in accordance with any applicable legal requirements, a dead human body which is removed from the location of death shall be transported only to a licensed funeral establishment, a licensed branch funeral establishment containing an embalming preparation room or a holding facility, a licensed crematory containing a holding facility, a hospital, a cemetery, a coroner or medical examiner facility, the university of Kansas medical center, a federally certified organ procurement organization serving the state of Kansas or other location of final disposition.(b) A dead human body which is to be removed in accordance with subsection (a) to a federally certified organ procurement organization serving the state of Kansas shall be removed only upon the release of a person listed in the order of priority pursuant to K.S.A. 65-3228, and amendments thereto.History: L. 2004, ch. 57, § 1; L. 2008, ch. 152, § 1; July 1.
KS Stat § 65-1761 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1761 Licensure of crematory; requirements of crematory and holding facility.

65-1761. Licensure of crematory; requirements of crematory and holding facility. (a) No person shall operate a crematory to cremate a dead human body or cause any dead human body to be cremated unless the crematory is licensed under this act.(b) Any building used as a crematory shall comply with all applicable local and state building codes, zoning laws, ordinances and environmental standards. A crematory shall have, on site, a motorized mechanical device for processing cremated remains either in the building or adjacent to it and a holding facility for the retention of dead human bodies awaiting cremation. The holding facility shall be secure from access by anyone except authorized personnel of the crematory, shall preserve the dignity of the dead human bodies and shall protect the health and safety of the crematory personnel.(c) All applications for licensure as a crematory shall be on forms furnished and prescribed by the state board of mortuary arts.History: L. 2001, ch. 183, § 2; Jan. 1, 2002.
KS Stat § 65-1762 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1762 Supervision; crematory operator license requirement; cremation requirements; authorization form and coroner's permit.

65-1762. Supervision; crematory operator license requirement; cremation requirements; authorization form and coroner's permit. (a) The licensed crematory operator in charge shall supervise the licensed crematory on a full-time or a part-time basis and perform such other duties relating to the supervision of a licensed crematory as prescribed by the board by rules and regulations. The crematory operator in charge of a licensed crematory shall hold a Kansas crematory operator's license. Additionally, a crematory operator in charge shall hold a funeral director's license unless the crematory only receives dead human bodies for cremation through licensed funeral establishments or branch funeral establishments.(b) Only licensed crematory operators may perform cremation.(c) No crematory operator or crematory operator in charge shall cremate or cause to be cremated any dead human body until it has received:(1) A cremation authorization form signed by an authorizing agent. The written authorization shall include:(A) The identity of the dead human body and the time and date of death;(B) the name of the funeral director or assistant funeral director and the funeral establishment or branch establishment, or the authorizing agent, that obtained the cremation authorization;(C) notification as to whether the cause of death occurred from a disease declared by the department of health and environment to be infectious, contagious, communicable or dangerous to the public health;(D) the name of the authorizing agent and the relationship between the authorizing agent and the decedent;(E) authorization for the crematory to cremate the dead human body;(F) a representation that the dead human body does not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation;(G) the name of the person authorized to receive the cremated remains from the crematory; and(H) the signature of the authorizing agent, attesting to the accuracy of all representations contained on the cremation authorization form; and(2) a completed and executed coroner's permit to cremate, if required by K.S.A. 65-2426a, and amendments thereto, indicating that the dead human body is to be cremated.History: L. 2001, ch. 183, § 3; L. 2004, ch. 43, § 1; L. 2010, ch. 131, § 9; L. 2021, ch. 59, § 2; July 1.
KS Stat § 65-1764 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1764 Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body.

65-1764. Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body. (a) An authorizing agent signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in such cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and such authorization agent's authority to order such cremation. Any person signing a cremation authorization form as an authorizing agent shall be personally and individually liable for all damage occasioned thereby and resulting therefrom. A crematory operator, crematory operator in charge, embalmer, assistant funeral director or a funeral director may rely upon the representations of the authorizing agent in the cremation authorization form.(b) A funeral director, assistant funeral director or crematory operator in charge shall have the authority to arrange the cremation of a dead human body upon the receipt of a cremation authorization form signed by an authorizing agent. A funeral director, assistant funeral director, embalmer, crematory operator or crematory operator in charge who pursuant to a cremation authorization arranges a cremation, cremates a dead human body then releases or disposes of the cremated remains shall not be liable for such acts.(c) A funeral director, assistant funeral director, crematory operator or crematory operator in charge who refuses to arrange a cremation, to accept a dead human body or to perform a cremation shall not be liable for refusing to arrange, to accept the dead human body or to perform the cremation until they receive a court order or other suitable confirmation that the cause of the refusal has been settled. Circumstances causing such a refusal may include:(1) Awareness of a dispute concerning the cremation of the dead human body; or(2) a reasonable basis for questioning any of the representations made by the authorizing agent; or(3) any other lawful reason.History: L. 2001, ch. 183, § 5; L. 2010, ch. 131, § 11; July 1, 2011.
KS Stat § 65-1765 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1765 Failure to remove pacemaker or hazardous implants; liability for damage.

65-1765. Failure to remove pacemaker or hazardous implants; liability for damage. If an authorizing agent informs the funeral director, assistant funeral director, embalmer, crematory operator or the crematory operator in charge on the cremation authorization form of the presence of a pacemaker or hazardous implant in the dead human body such informed person shall be responsible for ensuring that all necessary steps have been taken to remove the pacemaker or hazardous implant. Should anyone who delivers a dead human body to a crematory after being informed that a pacemaker or hazardous implant is within the dead human body fail to ensure that the pacemaker or hazardous implant has been removed from the dead human body pursuant to subsection (b) of K.S.A. 65-1762, and amendments thereto, prior to delivery, and should the dead human body be cremated with the pacemaker or hazardous implant, then such individual who delivered the dead human body to the crematory shall be liable for all resulting damages.History: L. 2001, ch. 183, § 6; L. 2010, ch. 131, § 12; July 1, 2011.
KS Stat § 65-1767 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1767 Conflicting Kansas laws; precedence of this act.

65-1767. Conflicting Kansas laws; precedence of this act. This act shall take precedence over any conflicting Kansas laws, other than state environmental laws, that govern the handling and disposition of dead human bodies for cremation and cremated remains.History: L. 2001, ch. 183, § 8; Jan. 1, 2002.
KS Stat § 65-1768 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments|65-1768 Licensure; fees; expiration of license; exemption from licensure; unlawful operation.

65-1768. Licensure; fees; expiration of license; exemption from licensure; unlawful operation. (a) The crematory operator in charge of a crematory, located or doing business within the state, shall apply for and obtain a crematory license from the board for each crematory.(b) An application for a new license is required if the crematory has a change in ownership, name, location or a change in the crematory operator in charge. Such application shall be made to the board at least 30 days prior to the change of ownership, name or location or change in the crematory operator in charge.(c) The crematory license fee and crematory license renewal fee shall be fixed by the board under K.S.A. 65-1727, and amendments thereto. The disposition of all funds collected under the provisions of this act shall be in accordance with the provisions of K.S.A. 65-1718, and amendments thereto.(d) A crematory license shall expire every two years on a date established by the board. To continue operation of a crematory, a crematory operator in charge shall submit a biennial renewal application form and the crematory license renewal fee to the board before the expiration date of such license.(e) A crematory license shall be judged delinquent on midnight of the expiration date and may only be renewed after that day by payment of a renewal fee and a reinstatement fee in an amount equal to the renewal fee.(f) It is unlawful for any person who is not an operator in charge of a crematory or a crematory operator under this act to operate a crematory, hold oneself out as operating a crematory or engage or attempt to engage in the business of crematory operator.(g) The Kansas university medical center shall be exempt from this statute for the purpose of cremating remains donated for dissecting, demonstrating or teaching purposes.History: L. 2001, ch. 183, § 9; L. 2010, ch. 131, § 14; July 1, 2011.