Sections
Article 1 Board of Funeral Directors and Embalmers 32-1301 – 32-1311
Article 2 Licensing and Registration 32-1321 – 32-1339
Article 3 Regulation and Enforcement 32-1361 – 32-1369
Article 3.1 Funeral Practices 32-1371 – 32-1377
Article 4 Licensing and Regulation of Funeral Establishments 32-1381 – 32-1390.02
Article 5 Prearranged Funeral Agreements 32-1391.01 – 32-1391.18
Article 6 Cremation 32-1393 – 32-1399

Terms Used In Arizona Laws > Title 32 > Chapter 12

  • Accredited: means recognized or authorized by the American board of funeral service education. See Arizona Laws 32-1301
  • Administrative costs and expenses: means the cost of copies, transcripts, court reporter and witness fees, reimbursement for mileage and office of administrative hearings costs. See Arizona Laws 32-1301
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Alternative container: means any unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains. See Arizona Laws 32-1301
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorizing agent: means a person who is legally entitled to order the cremation, disinterment or embalming of human remains pursuant to section 32-1365. See Arizona Laws 32-1301
  • Beneficiary: means a person whose future funeral arrangements will be handled by a funeral establishment pursuant to a prearranged funeral agreement. See Arizona Laws 32-1301
  • Board: means the state board of funeral directors and embalmers. See Arizona Laws 32-1301
  • Bribe: means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity. See Arizona Laws 1-215
  • Business entity: includes any corporation, association, limited liability company, professional corporation, partnership, limited partnership, sole proprietorship, business trust, trust, joint venture and other business entity. See Arizona Laws 32-1301
  • Casket: means a rigid container that is designed for the permanent encasement of human remains and that is usually constructed of wood, metal or synthetic substances and ornamented and lined with fabric. See Arizona Laws 32-1301
  • Change of ownership: means a transfer of a controlling legal or equitable interest in a licensed funeral establishment or crematory resulting from a sale or merger. See Arizona Laws 32-1301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Cremated remains: means the remaining bone fragments after cremation. See Arizona Laws 32-1301
  • Cremation: means the heating process that reduces human remains to bone fragments by combustion and evaporation. See Arizona Laws 32-1301
  • Cremation container: means a leak and spill resistant, rigid, combustible, closed receptacle into which human remains are placed before cremation. See Arizona Laws 32-1301
  • Cremationist: means a person who operates a crematory retort, who performs the actual cremation of human remains and who may be licensed pursuant to article 6 of this chapter. See Arizona Laws 32-1301
  • Crematory: means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated. See Arizona Laws 32-1301
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Disciplinary action: means action taken by the board to revoke or suspend a license or registration, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules adopted by the board. See Arizona Laws 32-1301
  • Embalmer: means a person who is licensed pursuant to this chapter and who is engaged in embalming. See Arizona Laws 32-1301
  • Embalming: means the implementation of reconstructive procedures and the process of disinfecting and preserving a dead human body to retard organic decomposition by treating the body to reduce the presence and growth of organisms. See Arizona Laws 32-1301
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means a bank, savings and loan association, trust company or credit union that is lawfully doing business in this state and that is not affiliated with a funeral establishment. See Arizona Laws 32-1301
  • Fixed price prearranged funeral agreement funded by trust: means any agreement or combination of agreements that establishes a fixed price for funeral goods and services, that requires a funeral establishment to provide those funeral goods and services at the price levels in effect at the time of the execution of the agreement and that requires the purchaser to convey all or a portion of the accrued interest to the funeral establishment at the time that the funeral goods and services are actually provided. See Arizona Laws 32-1301
  • Funded by insurance: means that monies for a prearranged funeral agreement are paid directly to an insurance company licensed pursuant to title 20 on behalf of the beneficiary of the agreement. See Arizona Laws 32-1301
  • Funeral directing: means arranging, directing or providing a service in the disposition of dead human bodies for compensation. See Arizona Laws 32-1301
  • Funeral director: means a person who is licensed pursuant to this chapter and who is engaged in funeral directing. See Arizona Laws 32-1301
  • Funeral establishment: means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies. See Arizona Laws 32-1301
  • Funeral goods and services: means any personal property or services typically sold or provided in connection with the final disposition of human remains, including caskets, alternative containers, outer burial containers, cremation containers, transportation containers, funeral clothing or accessories, monuments, grave markers, urns, embalming services, funeral directing services and similar funeral or burial items. See Arizona Laws 32-1301
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good moral character: means that a person:

    (a) Has not been convicted of a class 1 or 2 felony by a court of competent jurisdiction. See Arizona Laws 32-1301

  • Holding facility: means a designated area for the retention of human remains. See Arizona Laws 32-1301
  • Human remains: means a lifeless human body or parts of a human body that permit a reasonable inference that death occurred. See Arizona Laws 32-1301
  • Intern: means a person who is licensed pursuant to this chapter and who is engaged in embalming under the supervision of a licensed embalmer. See Arizona Laws 32-1301
  • Intern trainee: means a person who intends to enter training as an intern and who is temporarily employed by a funeral establishment. See Arizona Laws 32-1301
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a written authorization that is issued by the board and that entitles a person to act as a funeral director, embalmer or intern or to operate a funeral establishment or crematory in this state. See Arizona Laws 32-1301
  • Licensee: means a person to whom the board has issued a license to act as a funeral director, embalmer or intern or to operate a funeral establishment or crematory in this state. See Arizona Laws 32-1301
  • Manage: means :

    (a) That a responsible funeral director exercises control and oversight over all employees of a funeral establishment and over funeral transactions, including the care of dead human bodies, funeral services and activities and the documentation and retention of records. See Arizona Laws 32-1301

  • National board examination: means the test or tests given by the conference of funeral service examining boards to determine the entry level knowledge and skills of a person regarding funeral directing and embalming. See Arizona Laws 32-1301
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Outer burial container: means a container that is designed for placement in a grave around a casket, including burial vaults, grave boxes and grave liners. See Arizona Laws 32-1301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who owns ten percent or more of a business entity. See Arizona Laws 32-1301
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Person legally responsible: means the person responsible for burying a dead body as determined in section 36-831. See Arizona Laws 32-1301
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Prearranged funeral agreement: means any agreement or combination of agreements under which a payment is made before the death of the intended beneficiary for funeral goods and services to be delivered or performed after the death of the beneficiary. See Arizona Laws 32-1301
  • Prearranged funeral trust account: means a trust account that is established at a financial institution and into which all monies paid on behalf of a beneficiary pursuant to a prearranged funeral agreement are deposited. See Arizona Laws 32-1301
  • Preparation: means washing, shaving, dressing or arranging hair on, applying cosmetics to or positioning bodily features on a dead human body and placing a dead human body in a casket. See Arizona Laws 32-1301
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Provisionally accredited: means granted candidacy status by the American board of funeral service education. See Arizona Laws 32-1301
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registration: means a written authorization that is issued by the board and that entitles a person to act as an assistant funeral director, an embalmer's assistant or a prearranged funeral salesperson in this state. See Arizona Laws 32-1301
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Responsible cremationist: means a licensed cremationist who manages a crematory. See Arizona Laws 32-1301
  • Responsible funeral director: means a person who is licensed pursuant to this chapter, who is engaged in funeral directing and who manages and is accountable for a funeral establishment. See Arizona Laws 32-1301
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retort: means an enclosed space within which cremation takes place. See Arizona Laws 32-1301
  • State equivalent examination: means the test or tests provided by the conference of funeral service examining boards and offered by the board to determine the entry level knowledge and skills of a person regarding funeral directing and embalming. See Arizona Laws 32-1301
  • Subpoena: A command to a witness to appear and give testimony.
  • supervision: means a licensed embalmer has responsibility for and is within sight and sound of a licensed intern who is embalming a dead human body or a student who is assisting in embalming a dead human body. See Arizona Laws 32-1301
  • Temporary container: means a receptacle that is usually made of cardboard, rigid plastic or another similar material and that is designed to hold processed cremated remains until they are placed in an urn or another permanent container. See Arizona Laws 32-1301
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust funds: means all monies deposited on behalf of a beneficiary of a prearranged funeral agreement funded by trust and all accrued net interest. See Arizona Laws 32-1301
  • Trustee: A person or institution holding and administering property in trust.
  • Universal precautions: means the universal blood and fluid precautions recommended by the centers for disease control of the United States public health service to prevent the transmission of bloodborne and bodily fluid-borne infectious diseases. See Arizona Laws 32-1301
  • Unprofessional conduct: includes the following acts, whether occurring in this state or elsewhere:

    (a) Commission of a class 1 or 2 felony. See Arizona Laws 32-1301

  • Urn: means a receptacle into which processed cremated remains are placed for disposition. See Arizona Laws 32-1301
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215