Utah Code 58-9-305. Exemptions from licensure
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In addition to the exemptions from licensure in Section
(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.
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- 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:(18)(a)(i) a vault;(18)(a)(ii) a casket; or(18)(a)(iii) other personal property. See Utah Code 58-9-102
- Funeral service: means a service, rite, or ceremony performed:
(19)(a) with respect to the death of a human; and(19)(b) with the body of the deceased present. See Utah Code 58-9-102- 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 :
(21)(b)(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(21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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:(3)(a) funeral merchandise;(3)(b) headstones; or(3)(c) other memorial merchandise;(4) the performance of funeral, graveside, or memorial services by:(4)(a) a member of the clergy;(4)(b) a member of the decedent‘s family; or(4)(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:(7)(a) do not require independent professional judgment; and(7)(b) are required of persons employed by a funeral service establishment under the supervision of a funeral service director. - Funeral service: means a service, rite, or ceremony performed: