H.B. 392

1

FUNERAL DIRECTOR AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Funeral Services Licensing Act.
10 Highlighted Provisions:
11 This bill:
12 . provides that unprofessional conduct under the Funeral Services Licensing Act
13 includes engaging in a deceptive act or practice as described in Title 13, Chapter 11,
14 Utah Consumer Sales Practices Act.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 58-9-502, as last amended by Laws of Utah 2007, Chapter 144
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 58-9-502 is amended to read:
25 58-9-502. Unprofessional conduct.
26 (1) "Unprofessional conduct" includes:
27 (a) the failure of a funeral service director to accurately document, report, and

28 supervise the activities of a funeral service intern;
29 (b) knowingly soliciting the sale of any funeral service or funeral merchandise for a
30 person whose death occurred or was imminent prior to the solicitation;
31 (c) paying or offering to pay a commission or anything of value to secure deceased
32 human remains for a funeral service or disposition to:
33 (i) medical personnel;
34 (ii) a nursing home;
35 (iii) a nursing home employee;
36 (iv) a hospice;
37 (v) a hospice employee;
38 (vi) clergy;
39 (vii) a government official; or
40 (viii) any other third party; [and]
41 (d) failure to provide the following current information to the division:
42 (i) a licensee's business address;
43 (ii) a licensee's primary residence;
44 (iii) a funeral service establishment's funeral service director; or
45 (iv) a supervising funeral service director's funeral service intern's name[.]; and
46 (e) engaging in a deceptive act or practice as described in Title 13, Chapter 11, Utah
47 Consumer Sales Practices Act.
48 (2) "Unprofessional conduct" does not include:
49 (a) general advertising directed to the public at large; or
50 (b) responding to a notification of death from:
51 (i) medical personnel;
52 (ii) a nursing home;
53 (iii) a nursing home employee;
54 (iv) a hospice;
55 (v) a hospice employee;
56 (vi) clergy;
57 (vii) a government official; or
58 (viii) any authorized representative of the family of the deceased person.

Legislative Review Note
as of 3-1-13 11:13 AM

Office of Legislative Research and General Counsel

[Bill Documents]