In addition to the exemptions from licensure in Section 58-1-307, a person may engage in the following acts included within the definition of the practice of funeral service, subject to the stated circumstances and limitations, without being licensed under this chapter:
(1)
transportation of a dead human body in accordance with other applicable state and federal laws;
Terms Used In Utah Code 58-9-305
Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102
Contract: A legal written agreement that becomes binding when signed.
Decedent: A deceased person.
Funeral merchandise: means any of the following into which a dead human body is placed in connection with the transportation or disposition of the body:
Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102
Funeral service establishment: includes :
(i)
all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
(ii)
a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
ambulance or other emergency transportation of a dead human body;
(3)
the sale of any of the following that is delivered to the buyer or the buyer’s designee within 90 days after the day of the sale:
(a)
funeral merchandise;
(b)
headstones; or
(c)
other memorial merchandise;
(4)
the performance of funeral, graveside, or memorial services by:
(a)
a member of the clergy;
(b)
a member of the decedent‘s family; or
(c)
any other recognized individual;
(5)
assisting a Utah licensed funeral service director regarding disasters or special emergencies by individuals licensed in other states as funeral service directors or embalmers;
(6)
activities of an unlicensed individual employed by a funeral service establishment involving arrangement for a funeral service or the sale of funeral merchandise if the binding contract is reviewed, approved, and signed in behalf of the funeral service establishment by a licensed funeral service director; and
(7)
nonprofessional tasks or activities which:
(a)
do not require independent professional judgment; and
(b)
are required of persons employed by a funeral service establishment under the supervision of a funeral service director.
