reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1101 - PUBLIC INTEREST AND CONCERN IN DISPOSITION OF HUMAN BODIES.

54-1101. PUBLIC INTEREST AND CONCERN IN DISPOSITION OF HUMAN BODIES. The practice and processes involved in processing and making final disposition of human bodies is hereby declared to affect the public interest, health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the processes involved in preparing and making final disposition of human bodies should be so controlled as to protect the public interest and merit the confidence of the public, and to that end that only qualified persons be permitted to practice such acts in the state of Idaho. This act shall be liberally construed to carry out these objects and purposes.
History:
[54-1101, added 1970, ch. 70, sec. 1, p. 167.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1103 - PERSONS REQUIRED TO HAVE LICENSES.

54-1103. PERSONS REQUIRED TO HAVE LICENSES. (1) It shall be unlawful for any person to perform, offer to perform or hold himself out as performing mortician services or any of the acts of a mortician, unless he shall first obtain a mortician license or resident trainee license as provided in this chapter; and it shall be unlawful for a licensed resident trainee to perform mortician services or any of the acts of a mortician except under the personal supervision of a resident mortician licensed under this chapter.
(2) It shall be unlawful for any person to perform, offer to perform or hold himself out as performing funeral director services unless he has a funeral director license or resident trainee license as provided in this chapter.
(3) It shall be unlawful for any person to operate a funeral establishment or crematory without first obtaining the valid establishment licenses as provided in this chapter.
History:
[54-1103, added 1970, ch. 70, sec. 3, p. 167; am. 2003, ch. 257, sec. 2, p. 668.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1104 - EXEMPTIONS FROM PROVISIONS OF CHAPTER.

54-1104. EXEMPTIONS FROM PROVISIONS OF CHAPTER. There is hereby exempted from the terms and provisions of this chapter and from the enforcement of the provisions hereof, the following:
(1) Manufacturers, wholesalers and jobbers of caskets, funeral supplies, vaults or other burial receptacles not engaged in performing mortician services and not selling to the public, except when said sales to the public are sales with immediate delivery of the funeral supplies purchased.
(2) Cemeteries selling vaults or burial receptacles to the public.
(3) Any duly authorized representative of any church, fraternal order or other association or organization honoring the dead who performs a funeral or other religious service under the authority of and pursuant to the religious tenets or practices of such organization. This exemption does not authorize, permit or allow such person to perform the functions of a mortician or funeral director under section 54-1102 (11) or (19), Idaho Code, unless he shall be licensed as required by law.
(4) Notwithstanding any other provision of law, the person having the right to control the disposition of the remains of the deceased person pursuant to section 54-1142, Idaho Code, or such person’s designee, or a licensed funeral director, may initiate the process of cremation by operation of the retort while under the direct personal supervision of a licensed mortician.
History:
[54-1104, added 1970, ch. 70, sec. 4, p. 167; am. 1972, ch. 113, sec. 1, p. 228; am. 1995, ch. 112, sec. 1, p. 381; am. 2003, ch. 257, sec. 3, p. 668.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1105 - BOARD OF MORTICIANS.

54-1105. BOARD OF MORTICIANS. (1) There is hereby established in the division of occupational and professional licenses a state board of morticians to be composed of three (3) members who shall be appointed by the governor and who shall serve at the pleasure of the governor in the manner hereinafter set forth. Two (2) members of the board shall be duly licensed morticians under the laws of the state of Idaho. Each shall be a resident of the state of Idaho for a period of at least five (5) years next preceding his appointment, during which time he shall have been continuously engaged in the practice as a mortician as defined in this chapter. One (1) member of the board shall be a member of the public with an interest in the rights of the consumers of mortuary services. No person shall be eligible for appointment to the board of morticians who is financially interested, directly or indirectly, in any embalming college, wholesale funeral supply business, or casket manufacturing business.
(2) The governor may consider recommendations for members of the board from the Idaho funeral service association, other statewide organization or association of licensed morticians whose membership is composed of a majority of all licensed morticians of the state or from any individual residing in this state.
(3) All members of the board of morticians shall be appointed to serve for a term of three (3) years, to expire on May 1 of the year of termination of their term, and until their successors have been appointed and qualified; provided however, the governor is hereby granted the power to alter the term of office of the members of the board first appointed hereunder so that the term of office of not more than one (1) member of the board shall terminate in any one (1) year. In case of a vacancy occurring on said board of morticians, the governor shall appoint a qualified member for the remainder of the unexpired term of the vacant office.
(4) The board shall meet, not less than annually, to elect a chairman and vice chairman and take official board action on pending matters by majority vote of all the members of the board of morticians, and in doing so a majority of the members of said board shall at all times constitute a quorum. Notice of any meeting shall be given by the chairman to all members of the board at least ten (10) days in advance of each meeting unless such notice is waived in writing by all of the members of the board.
(5) Each member of the board of morticians shall be compensated as provided by section 59-509(m), Idaho Code.
History:
[54-1105, added 1970, ch. 70, sec. 5, p. 167; am. 1974, ch. 13, sec. 92, p. 138; am. 1976, ch. 166, sec. 12, p. 605; am. 1980, ch. 247, sec. 58, p. 623; am. 2010, ch. 156, sec. 1, p. 331; am. 2016, ch. 340, sec. 13, p. 939; am. 2020, ch. 257, sec. 1, p. 743; am. 2021, ch. 222, sec. 10, p. 627.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1106 - POWERS AND DUTIES OF BOARD.

54-1106. POWERS AND DUTIES OF BOARD. The state board of morticians shall have the following powers and duties:
(1) To prepare, conduct, and grade examinations of applicants for licenses.
(2) To certify the results of examinations of applicants and certify the applicant as having "passed" or "failed."
(3) To conduct hearings and proceedings in connection with the suspension or revocation of licenses.
(4) To make findings and recommendations to the governor on any and all matters relating to the enforcement of the provisions of this chapter.
(5) To perform all other duties and exercise all other powers granted under this chapter, or the laws of the state of Idaho.
(6) To authorize, by written agreement, the division of occupational and professional licenses as agent to act in its interest.
(7) To provide for the licensure and regular inspection of funeral establishments and crematories.
History:
[54-1106, added 1970, ch. 70, sec. 6, p. 167; am. 1974, ch. 13, sec. 93, p. 138; am. 1996, ch. 174, sec. 7, p. 560; am. 2003, ch. 257, sec. 4, p. 669; am. 2022, ch. 94, sec. 17, p. 295.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1107 - POWERS AND DUTIES OF DIVISION ADMINISTRATOR.

54-1107. POWERS AND DUTIES OF DIVISION ADMINISTRATOR. The division administrator of the division of occupational and professional licenses shall have the following powers and duties under this act:
(1) To determine and pass upon the qualifications of applicants for all licenses under this act.
(2) To issue all licenses provided for under the provisions of this act.
(3) To annually renew licenses under this act.
(4) To collect all fees prescribed and required pursuant to this section.
(5) To conduct hearings and proceedings for the suspension or revocation of licenses and to suspend or revoke any license for any of the causes hereinafter defined and set forth under this act; provided, however, that the division administrator shall not revoke or suspend any license without first receiving written findings and recommendations from the board of morticians.
(6)(a) To keep general books of record of all official acts, proceedings and transactions of the board while acting under this act, including the following:
(i) A cash book showing in detail all receipts and disbursements for the board received or expended under this act; and
(ii) A special register containing the names and addresses of all applicants, the date the application was received, the result of the examination, and whether the applicant received a license or was rejected, and a full statement of the reasons therefor.
(b) All books of record kept shall be prima facie evidence of all matters therein recorded, and shall be public records.
(7) To prescribe rules for the implementation and enforcement of the provisions of this act.
(8) To publish and distribute copies of this act and the rules issued by the board to applicants, licensees and the public.
(9) To perform all duties and exercise all powers granted under chapter 3, title 27, Idaho Code.
History:
[54-1107, added 1970, ch. 70, sec. 7, p. 167; am. 1974, ch. 13, sec. 94, p. 138; am. 1996, ch. 174, sec. 8, p. 560; am. 2022, ch. 94, sec. 18, p. 296.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1108 - EXAMINATION OF APPLICANTS FOR LICENSE — SUBJECTS — CERTIFICATION OF RESULTS.

54-1108. EXAMINATION OF APPLICANTS FOR LICENSE — SUBJECTS — CERTIFICATION OF RESULTS. The board of morticians shall have the sole power for determining the nature, type and extent of examinations to be taken by applicants for a license. Examinations for mortician applicants shall include generally the following subjects: anatomy, chemistry, physiology, psychology, sanitary science, the care, disinfection, preservation, transportation of and burial, or other final disposition of dead human bodies, and the laws and rules of the state of Idaho. Examinations for funeral director applicants shall include generally the following subjects: sociology, psychology, funeral directing, business law, funeral service law, funeral service merchandising, accounting, computers, and the laws and rules of the state of Idaho. The board shall determine whether the applicant has passed or failed such examination. Examinations may be written or as determined at the discretion of the board, and shall be held at such times and at such places within the state of Idaho as determined by the board of morticians. National conference examinations, passed at an accredited embalming college, may be accepted by the board. Upon the conclusion of grading the above examinations, the board of morticians shall certify the results listing each applicant as having failed or passed the examination, and such determination shall not be subject to review.
History:
[54-1108, added 1970, ch. 70, sec. 7A, p. 167; am. 1974, ch. 13, sec. 95, p. 138; 1983, ch. 32, sec. 1, p. 81; am. 2001, ch. 136, sec. 1, p. 495; am. 2003, ch. 257, sec. 5, p. 669.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1110 - INACTIVE LICENSES.

54-1110. INACTIVE LICENSES. The board may issue inactive licenses to morticians and funeral directors pursuant to rules adopted by the board that may specify the terms, procedures and fees necessary to maintain an inactive license. The holder of an inactive license shall not engage in any practice requiring a license under this chapter.
History:
[54-1110, added 2017, ch. 184, sec. 1, p. 423.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1112 - REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.

54-1112. REQUIREMENTS FOR RESIDENT TRAINEE LICENSE. The board shall issue to any person a resident trainee license to practice as a resident trainee and perform services at a particular establishment under the personal supervision of a specified licensed mortician within the state of Idaho who has complied with and fulfilled all of the following requirements:
(1) Has attained the age of eighteen (18) years, and is a resident of the state of Idaho.
(2) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(3) Has graduated from an accredited high school or has received an equivalent education as determined by the standards set and established by the state board of education.
(4) Has filed an application with the board as required by this chapter and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. Provided further, no person shall be eligible to be licensed as a resident trainee for a total cumulative period of more than three (3) years in the state of Idaho unless approved by the board for good cause. The three (3) year limitation includes all time practicing as a resident trainee or apprentice for a mortician license, funeral director license, or both.
History:
[54-1112, added 1970, ch. 70, sec. 11, p. 167; am. 1974, ch. 13, sec. 99, p. 138; am. 2003, ch. 257, sec. 9, p. 673; am. 2009, ch. 72, sec. 1, p. 207; am. 2016, ch. 79, sec. 1, p. 258; am. 2022, ch. 246, sec. 12, p. 797.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1113 - APPLICATION FOR LICENSE — FORM AND CONTENTS — CERTIFIED COPIES OF DOCUMENTS SHOWING QUALIFICATIONS.

54-1113. APPLICATION FOR LICENSE — FORM AND CONTENTS — CERTIFIED COPIES OF DOCUMENTS SHOWING QUALIFICATIONS. All applications for all licenses to be issued under the provisions of this act shall be filed with the board, together with the required filing fee, upon such forms as prescribed by the board of morticians, and shall contain statements of facts relating to each of the qualifications prescribed in this act for which the license is sought as well as any other information specified by the board of morticians. The board may require, as part of the application, certified copies of documents showing compliance with the requirements for the license sought by the application, including but not limited to certified copies of diplomas or graduation certificates from high schools, colleges and embalming colleges, certified copies of birth certificates, and certified copies of articles of incorporation. The application shall also list and describe the location of court records of any felony of which the applicant has been convicted in a court of law. All applications shall be signed by the applicant who shall verify the contents thereof under oath. All applications shall remain with the board and be a permanent record in that office.
Applications for the renewal of licenses shall be in such abbreviated form as prescribed by the board and shall require any information specified by the board of morticians.
History:
[54-1113, added 1970, ch. 70, sec. 12, p. 167; am. 1974, ch. 13, sec. 100, p. 138.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1115 - LICENSE FEES.

54-1115. LICENSE FEES. Any fee required pursuant to this chapter, including fees for original licenses, examinations, annual renewals, and certificates, shall be set by board rule. All fees shall be paid to the division of occupational and professional licenses.
History:
[54-1115, added 2020, ch. 257, sec. 5, p. 747; am. 2022, ch. 94, sec. 19, p. 296.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1115A - ANNUAL RENEWAL — REINSTATEMENT.

54-1115A. ANNUAL RENEWAL — REINSTATEMENT. All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code. In the event a licensee fails to renew a license as provided, the reinstatement fee shall be two hundred fifty dollars ($250).
History:
[54-1115A, added 2001, ch. 136, sec. 3, p. 496; am. 2003, ch. 21, sec. 8, p. 82.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1117 - WRITTEN COMPLAINT — PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE.

54-1117. WRITTEN COMPLAINT — PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE. Upon a written complaint filed with the board of morticians the board shall cause to be held a hearing to determine whether a license of any person issued under this chapter should be suspended or revoked, or the issuance or renewal thereof refused, because of a violation of any of the causes set forth in the preceding section 54-1116, Idaho Code. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. Any person aggrieved by the action of the board shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[54-1117, added 1970, ch. 70, sec. 16, p. 167; am. 1974, ch. 13, sec. 103, p. 138; am. 1993, ch. 216, sec. 61, p. 646; am. 2003, ch. 257, sec. 13, p. 675.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1118 - SENDING BODY TO AN ESTABLISHMENT WITHOUT INQUIRY PROHIBITED — EXCEPTIONS — ANATOMICAL GIFTS — AUTHORITY REGARDING DISPOSITION.

54-1118. SENDING BODY TO AN ESTABLISHMENT WITHOUT INQUIRY PROHIBITED — EXCEPTIONS — ANATOMICAL GIFTS — AUTHORITY REGARDING DISPOSITION. (1) It shall be unlawful for any public officer or employee, an official of any public institution, any physician or surgeon, or any other person who had a professional relationship with any decedent to send or cause to be sent to any establishment or mortician the remains of any deceased person without having first made due inquiry as to the desires of the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code.
No person licensed under this chapter or anyone acting on behalf of a licensee shall participate in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a mortician or an establishment to perform the burial or disposal of a human body, except where the body or a part thereof is given for anatomical purposes.
Nothing herein contained shall be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased.
(2) No company, corporation or association engaged in the business of paying, or providing for the payment, of the expenses for mortician services or funeral supplies, or engaged in the business of providing insurance upon the life of any person for the payment of such expenses upon his death, shall pay any such insurance or benefits to any mortician, funeral director, establishment, or other person in any manner which might or could deprive the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code, from directing the method, manner and arrangements for the disposition of the remains.
History:
[54-1118, added 1970, ch. 70, sec. 17, p. 167; am. 1994, ch. 423, sec. 6, p. 1331; am. 2003, ch. 257, sec. 14, p. 675.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1119 - AUTHORITY OF DEPARTMENT OF HEALTH AND WELFARE TO CONTROL HANDLING OF DEAD BODIES — RULES AND REGULATIONS.

54-1119. AUTHORITY OF DEPARTMENT OF HEALTH AND WELFARE TO CONTROL HANDLING OF DEAD BODIES — RULES AND REGULATIONS. The department of health and welfare shall have the jurisdiction to regulate, control and supervise the preservation, embalming, handling, transportation and burial or disposal of all dead human bodies and all methods preparatory thereto; and that said department is hereby authorized to make and enforce such rules and regulations relating thereto as in its opinion are necessary to preserve and protect the public health.
History:
[54-1119, added 1970, ch. 70, sec. 18, p. 167; am. 1974, ch. 13, sec. 104, p. 138.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1120 - RECEIVING BODY FOR TRANSPORTATION OUTSIDE STATE WITHOUT PERMIT PROHIBITED — CREMATION AND REMOVAL OF HUMAN REMAINS.

54-1120. RECEIVING BODY FOR TRANSPORTATION OUTSIDE STATE WITHOUT PERMIT PROHIBITED — CREMATION AND REMOVAL OF HUMAN REMAINS. It shall be unlawful for any public transportation agent of any public transportation facility to receive a dead human body for shipment or transportation by any means of transportation or conveyance to or from any point in this state, or to a point outside this state, unless said embalmed human body is accompanied by a permit for final disposition signed by the individual authorized by law to certify the cause of death. Human remains shall not be delivered to a crematory or removed from the casket or other container without the written consent of the person giving the consent to the cremation of the body.
History:
[54-1120, added 1970, ch. 70, sec. 19, p. 167; am. 1972, ch. 112, sec. 1, p. 227; am. 2003, ch. 257, sec. 15, p. 676.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1121 - ACCOUNTING PROCEDURE — INCOME AND EXPENSES.

54-1121. ACCOUNTING PROCEDURE — INCOME AND EXPENSES. All income and expenses received or incurred under the provisions of this act shall be itemized, validated, and audited and allowed by the division administrator of the division of occupational and professional licenses.
History:
[54-1121, added 1970, ch. 70, sec. 20, p. 167; am. 1974, ch. 13, sec. 105, p. 138; am. 2022, ch. 94, sec. 20, p. 296.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1127 - INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE.

54-1127. INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE. The attorney general of the state of Idaho, the board, or any resident citizen may maintain an action in equity in their name or in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act or in failing to do any acts required by this act. Such action shall be brought in the district court of the county in which such acts or omissions, or some of them, are claimed to have been or are being committed, by filing a verified complaint. The court, or a judge thereof at chambers if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending further hearing of the cause. The cause shall then proceed as in other cases for injunction.
History:
[54-1127, added 1970, ch. 70, sec. 26, p. 167.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1128 - VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT.

54-1128. VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT. Any person who knowingly violates any provision of this chapter, or any licensee under this chapter who shall commit an act of unprofessional conduct as defined and designated under the provisions of subsection (2) of section 54-1116, Idaho Code, except paragraphs (g), (i), and (p) thereof, shall be guilty of a misdemeanor unless such conduct is punishable as a felony elsewhere under the law. It shall be the duty of the board of morticians to see that the provisions of this chapter are properly administered and enforced throughout the state, and all peace officers and prosecuting attorneys shall aid in their several capacities in discharge of these duties.
History:
[54-1128, added 1970, ch. 70, sec. 27, p. 167; am. 1974, ch. 13, sec. 108, p. 138; am. 2003, ch. 257, sec. 16, p. 676; am. 2020, ch. 175, sec. 19, p. 522; am. 2020, ch. 257, sec. 7, p. 748.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1129 - DECLARATION OF INTENT.

54-1129. DECLARATION OF INTENT. It is the purpose of sections 54-1129 through 54-1138, Idaho Code, to provide for the certification of licensed funeral establishments selling or offering for sale prearrangement sales contracts, to provide for the creation and administration of prearrangement sales contract trust funds to assure funds for the performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral and cemetery merchandise and funeral and cemetery services, and to provide for the disbursement and allocation of trust funds upon the certified seller’s performance of its contractual obligations. The sections of Idaho Code specified herein shall not affect the provisions of sections 54-1101 through 54-1121 and sections 54-1127 and 54-1128, Idaho Code.
History:
[54-1129, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 8, p. 748.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1130 - SCOPE AND EXCEPTIONS.

54-1130. SCOPE AND EXCEPTIONS. (1) Sections 54-1129 through 54-1138, Idaho Code, apply to all establishments that sell or offer for sale prepaid funeral or cemetery merchandise or services.
(2) Sections 54-1133, 54-1134 and 54-1135, Idaho Code, do not apply to:
(a) Agreements to sell or sales made for rights of interment or entombment in a cemetery section, lawn crypt section, mausoleum or columbarium that are in existence at the time of initial payment on the contract; or
(b) Agreements to sell or sales made for monuments and grave markers that will be delivered and installed upon performance of payment.
History:
[54-1130, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 9, p. 748.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1132 - CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.

54-1132. CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE. (1) Effective July 1, 2021, no licensed funeral establishment may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without first obtaining a valid certificate of authority. The holder of the funeral establishment license shall be responsible for the certificate of authority and any agent of the establishment who operates under the certificate of authority.
(2) A certificate of authority for public cemeteries shall be issued by the governing board, city council or board of county commissioners having overall supervision and control of the cemetery. A certificate of authority for privately owned cemeteries shall be issued by the Idaho board of cemeterians. A certificate of authority for funeral establishments licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians and shall be renewed annually at the same time as the funeral establishment license is renewed.
(3) A licensed funeral establishment seeking to obtain a certificate of authority must submit a statement that includes the following:
(a) The types of prepaid contracts to be written;
(b) The name and address of the place of business of the licensed funeral establishment; and
(c) Any information deemed necessary by the certificating authority to show compliance with section 54-1116, Idaho Code.
(4) Upon issuance, the certificate of authority shall be posted conspicuously in the licensed funeral establishment.
(5) The agent of any licensed funeral establishment holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract.
(6) A licensed mortician or licensed funeral director shall designate the licensed funeral establishment that shall be responsible to provide any funeral or cemetery merchandise or funeral or cemetery services under prearrangement sales.
(7) The licensed funeral establishment designated as responsible to provide the merchandise and services under a prearrangement sales contract shall maintain all contracts and documents associated with any prearrangement sales.
History:
[54-1132, added 1989, ch. 138, sec. 2, p. 313; am. 2003, ch. 257, sec. 18, p. 677; am. 2016, ch. 80, sec. 1, p. 259; am. 2020, ch. 257, sec. 11, p. 750.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1133 - FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.

54-1133. FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE. (1) Each contract shall be written in clear, understandable language and shall be printed or typed in an easy-to-read font, size, and style.
(2) Each contract shall identify the seller, the certificate of authority number the certified seller is working under, purchaser, and the beneficiary if other than the purchaser.
(3) Each contract shall specify the services and/or merchandise to be provided, as well as a statement of the law regarding substitution as provided in section 54-1137, Idaho Code.
(4) Each contract shall set forth the purchase price and the terms under which it is to be paid.
(5) Each contract shall conform to other state or federal regulations, including price disclosure. It is the contract seller’s duty to comply with such regulations.
(6) Each contract shall state clearly whether it is a guaranteed price contract or a nonguaranteed price contract.
(7) Each contract shall state clearly whether it is a revocable or nonrevocable trust.
(8) Each contract shall state the amount of money to be placed in trust and the name of the trustee, but the contract may provide that the certified seller may designate a new trustee to obtain higher interest earnings on the trust funds.
(9) Each contract shall explain the disposition of the interest and include a statement of the fees, expenses and taxes that may be deducted from the interest pursuant to section 54-1134, Idaho Code, and a statement of the purchaser’s responsibility for taxes owed on the interest.
(10) Each contract shall explain the purchaser’s cancellation rights pursuant to section 54-1135, Idaho Code.
History:
[54-1133, added 1989, ch. 138, sec. 2, p. 313; am. 2020, ch. 257, sec. 12, p. 750.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1135 - CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.

54-1135. CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS. A. At any time prior to the death of the beneficiary under a revocable prearrangement sales contract trust, the purchaser may cancel the contract and be entitled to a refund of all payments made, plus accrued interest thereon, less reasonable administrative expenses and taxes incurred in the operation of the trust.
B. Prearrangement sales contracts which are irrevocable pursuant to the terms of such contract shall not be cancellable by the purchaser or by the beneficiary.
History:
[54-1135, added 1989, ch. 138, sec. 2, p. 315.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1136 - SOLICITATION — LIMITATIONS.

54-1136. SOLICITATION — LIMITATIONS. (1) The right of a certified seller to lawfully advertise shall not be restrained, nor shall general advertising be prohibited.
(2) Advertising and marketing of prearrangement sales contracts is permitted provided that:
(a) The certified seller and its agents clearly identify themselves and their product.
(b) The certified seller and its agents show the certificate of authority as provided in section 54-1132, Idaho Code. If the marketing is by telephone, the certified seller and its agents must disclose the certificate of authority.
(3) Advertising and marketing of prearrangement sales contracts is permitted provided that any contract seller shall not:
(a) Directly or indirectly call upon or employ any agent, assistant, employee, independent contracting person, or any other person to call upon individuals or persons in hospitals, rest homes, or similar institutions for the purpose of soliciting prepaid contracts for making funeral or cemetery or final disposition arrangements without first having been specifically requested to do so by such person or by his next of kin.
(b) Solicit for dead human bodies for the purpose of providing funeral or cemetery services, final disposition, or cemetery or funeral merchandise when such solicitation occurs where death is reasonably pending or after death.
(c) Solicit or accept or pay any consideration for recommending specified persons to cause a dead human body to be provided funeral or cemetery services or funeral or cemetery merchandise, or the services of a crematory, mausoleum, or cemetery, except where such arrangement is subject to a prepaid contract.
(d) Be involved in solicitation that comprises an uninvited invasion of personal privacy at the personal residence of a person, unless the solicitation has been previously and expressly requested by the person solicited.
History:
[54-1136, added 1989, ch. 138, sec. 2, p. 315; am. 2003, ch. 257, sec. 19, p. 678; am. 2020, ch. 257, sec. 14, p. 752.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1137 - SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.

54-1137. SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER. (1) If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality of material and workmanship.
(2) The evaluation of quality shall be based on objective criteria.
(3) The person making arrangements for the funeral of the contract beneficiary shall choose the goods and/or services to be substituted and this choice must be reasonable based on the standards in subsections (1) and (2) of this section.
(4) If the certified seller is unable to provide merchandise and services or acceptable substitute merchandise or services under the terms of the contract, then the person responsible for arrangements for the funeral of the contract beneficiary may choose another provider and the funds in the trust shall be used to pay for the merchandise and services of the substitute provider.
History:
[54-1137, added 1989, ch. 138, sec. 2, p. 316; am. 2020, ch. 257, sec. 15, p. 753.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1138 - ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS.

54-1138. ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS. (1) Sections 54-1129 through 54-1143, Idaho Code, shall be enforced by the Idaho state board of morticians or by the Idaho state board of cemeterians, depending upon whether the seller is a mortician/funeral director or cemeterian, who shall have authority to promulgate rules to enforce the provisions.
(2) Any person violating the provisions of sections 54-1129 through 54-1143, Idaho Code, shall be guilty of a misdemeanor unless such act is punishable as a felony elsewhere under law.
(3) No funeral service or funeral merchandise provider, be it funeral home or cemetery or third party seller, shall go out of business or sell a substantial part or all of its assets to any other person or firm without first disclosing the full particulars of all prearrangement sales contracts entered into by such seller, including the date of such contract, the purchaser thereof, the beneficiary, the amount of the trust, the name and location of trustee, and the merchandise or services to be provided under the terms of the contract.
History:
[54-1138, added 1989, ch. 138, sec. 2, p. 316; am. 2003, ch. 257, sec. 20, p. 679.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1139 - INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS.

54-1139. INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS. (1) A person may provide written instructions as part of a prearranged funeral plan for disposition of the person’s remains by any lawful means. The person shall execute the prearranged funeral plan, containing the instructions, as provided in section 54-1133, Idaho Code.
(2) As used in this section, "prearranged funeral plan" means a plan:
(a) For the final disposition of a person’s remains; and
(b) That has been funded in advance of the death of the person leaving instructions for the disposition of that person’s remains.
(3) A person, as part of a prearranged funeral plan, shall have the authority to sign all necessary or required forms, authorizations or agreements pertaining to the disposition of his remains including, but not limited to, a cremation authorization form.
(4) A person, as part of a prearranged funeral plan, may designate a person to make decisions regarding any substitutions under section 54-1137, Idaho Code.
(5) To the extent any provisions relating to the disposition of a person’s remains are not clearly covered in a prearranged funeral plan, then the provisions of section 54-1142, Idaho Code, shall apply. The mere ownership of a burial plot, with or without a headstone or marker, does not constitute a prearranged funeral plan.
History:
[54-1139, added 1994, ch. 423, sec. 1, p. 1329; am. 2009, ch. 51, sec. 1, p. 132.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1140 - PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION.

54-1140. PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION. Unless a compelling public interest makes it impossible to comply with a person’s direction as provided in section 54-1139, Idaho Code, the remains of a person must be disposed of as instructed in such instrument.
History:
[54-1140, added 1994, ch. 423, sec. 2, p. 1330.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1141 - SURVIVOR’S SERVICES.

54-1141. SURVIVOR’S SERVICES. The provisions of sections 54-1140 and 54-1142, Idaho Code, shall not prevent the deceased person’s survivors from, at their own expense, pursuing alternate meaningful services and making arrangements for funeral services that do not conflict with the deceased’s instructions for disposition.
History:
[54-1141, added 1994, ch. 423, sec. 3, p. 1330; am. 2003, ch. 257, sec. 21, p. 679; am. 2009, ch. 51, sec. 2, p. 133.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1143 - RIGHT TO RELY.

54-1143. RIGHT TO RELY. (1) Any person signing a funeral service agreement or cremation authorization form or any other authorization for disposition, whether part of a prearranged funeral plan or at time of death, shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceased whose remains are sought to be buried or cremated and the signer’s authority to order such disposition.
(2) A funeral establishment, cemetery or crematory establishment shall have the right to rely on such authorization and shall have authority to dispose of human remains upon the receipt of an authorization form signed by the decedent or by the person having the right to control disposition as set forth in section 54-1142, Idaho Code, or upon authorization by the county coroner pursuant to section 31-2802, Idaho Code. There shall be no liability of a funeral establishment, cemetery or crematory establishment that disposes of human remains pursuant to such authorization, or that releases or disposes of the remains pursuant to such authorization.
History:
[54-1143, added 1994, ch. 423, sec. 5, p. 1331; am. 2003, ch. 257, sec. 22, p. 679; am. 2012, ch. 208, sec. 3, p. 563.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS › Section 54-1144 - UNCLAIMED REMAINS OF VETERANS.

54-1144. UNCLAIMED REMAINS OF VETERANS. (1) The division of veterans services may assume control over the cremated remains of a deceased person if:
(a) The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code;
(b) The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and
(c) The division of veterans services certifies that the deceased person is eligible for interment at a state veterans cemetery as an armed forces member pursuant to the rules of the state veterans cemetery.
(2) An Idaho chapter of a nationally chartered veterans services organization may assume control over the cremated remains of a deceased person if:
(a) The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code;
(b) The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and
(c) The Idaho chapter of a nationally chartered veterans services organization certifies that:
(i) The deceased person is an armed forces member as defined in the rules of a state veterans cemetery;
(ii) The Idaho chapter of a nationally chartered veterans services organization shall be solely responsible for the costs of interment, including the application for and receipt of any available governmental benefits.
(3) There shall be no liability of a funeral establishment, mortuary, cemetery, crematory, or a related entity, a licensed mortician, or licensed funeral director, or any employee or agent thereof who transfers the cremated remains of a deceased person to the division of veterans services or an Idaho chapter of a nationally chartered veterans services organization pursuant to the provisions of this section.
(4) There shall be no liability of the state of Idaho or any employee or agent thereof related to the transfer of the cremated remains of a deceased person to an Idaho chapter of a nationally chartered veterans services organization or the interment of such remains pursuant to the provisions of this section.
History:
[54-1144, added 2003, ch. 53, sec. 1, p. 194; am. 2018, ch. 66, sec. 1, p. 157.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 12 - ENGINEERS AND SURVEYORS › Section 54-1201 - DECLARATION OF POLICY.

54-1201. DECLARATION OF POLICY. To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, for any project physically located in this state, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice professional engineering or professional land surveying for any project physically located in this state, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a licensed professional engineer or professional land surveyor, unless such person has been duly licensed or is exempted under the provisions of this chapter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be allowed to practice professional engineering as defined in this chapter only when he has become duly licensed as a professional engineer by the board under this chapter. Except as exempted by section 54-1223, Idaho Code, a land surveyor shall be allowed to practice professional land surveying as defined in this chapter only when he has become duly licensed as a professional land surveyor by the board under this chapter. The practice of professional engineering or professional land surveying shall be deemed a privilege granted by the Idaho board of licensure of professional engineers and professional land surveyors through the board, based on qualifications of the individuals as evidenced by the person’s license, which shall not be transferable.
History:
[54-1201, added 1939, ch. 231, sec. 1, p. 516; am. 1957, ch. 234, sec. 1, p. 547; am. 1986, ch. 140, sec. 1, p. 377; am. 1996, ch. 357, sec. 1, p. 1186; am. 2001, ch. 247, sec. 1, p. 890; am. 2008, ch. 378, sec. 2, p. 1024.]