“Unlawful conduct” includes:

(1)  doing any of the following to prepare a dead human body for disposition unless licensed as a funeral service director or a funeral service intern:

Terms Used In Utah Code 58-9-501

  • Contract: A legal written agreement that becomes binding when signed.
  • Disposition: means the final disposal of a dead human body by:
(a) earth interment;
(b) above ground burial;
(c) cremation;
(d) calcination;
(e) alkaline hydrolysis;
(f) burial at sea;
(g) delivery to a medical institution; or
(h) other lawful means. See Utah Code 58-9-102
  • Funeral service: means a service, rite, or ceremony performed:
    (a) with respect to the death of a human; and
    (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 :
    (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
  • Funeral service intern: means an individual licensed under this chapter who is permitted to:
    (a) assist a funeral service director in the embalming or other preparation of a dead human body for disposition;
    (b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and
    (c) perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102
  • Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:
    (i) goods;
    (ii) services, including:
    (A) embalming services; and
    (B) funeral directing services;
    (iii) real property; or
    (iv) personal property, including:
    (A) a casket;
    (B) another primary container;
    (C) a cremation, alkaline hydrolysis, or transportation container;
    (D) an outer burial container;
    (E) a vault;
    (F) a grave liner;
    (G) funeral clothing and accessories;
    (H) a monument;
    (I) a grave marker; and
    (J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
  • Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
  • (a)  embalming;

    (b)  calcinating;

    (c)  pulverizing;

    (d)  cremating; or

    (e)  using any method that invades a dead human body;

    (2)  using the title “funeral service director,” “funeral service intern,” “preneed funeral service sales agent,” or “funeral service establishment” unless licensed under this chapter;

    (3)  engaging in, providing, or agreeing to provide funeral arrangements to be provided under a preneed funeral arrangement without first obtaining a license as a funeral service establishment under this chapter;

    (4)  engaging in selling, representing for sale, or in any other way offering to sell any contract under which preneed funeral arrangements are to be provided without first obtaining a license under this chapter as:

    (a)  a preneed funeral arrangement sales agent; or

    (b)  a funeral service director; and

    (5)  failing to comply with Section 58-9-702.

    Amended by Chapter 144, 2007 General Session