32-1365

32-1365. Violations; classification

A. It is unlawful:

1. For an embalmer or embalmer's assistant who knows or should know of a fact that
is sufficient to raise suspicion of a crime related to the cause of death or a crime
against a dead human body to embalm a dead human body without the permission of the
county medical examiner or any other proper official in whose jurisdiction the embalming
is to be performed.

2. To disinter a dead human body for removal to any location other than the
original cemetery of burial except under the direction of a licensed funeral director.

3. To use, for burial purposes, a casket previously used as a receptacle for the
burial or other disposition of a dead human body.

4. To sell a casket that has been used for rental purposes unless fully disclosed
in writing to the purchaser and at least the pillow and the mattress have been replaced.

5. For a funeral director or embalmer, or an agent of a funeral director or
embalmer, after a death or while a death is impending, to knowingly pay, offer to pay or
cause to be paid, directly or indirectly, a sum of money or any other valuable
consideration for securing business relating to the death. This paragraph does not
prohibit the payment of commissions to salespersons and funeral directors who are
employed by a funeral establishment.

6. To knowingly pay, offer to pay or cause to be paid any commission, bonus, rebate
or other consideration to a funeral director or embalmer, or to an agent or employee of a
funeral director or embalmer, as an inducement to cause a dead human body to be
unlawfully disposed of in a crematory or cemetery or to recommend the unlawful
disposition of a dead human body in a crematory or cemetery.

7. For any funeral establishment or funeral director to advertise under any name
that tends to mislead the public or that sufficiently resembles the professional or
business name of another licensed funeral director or establishment as to cause confusion
or misunderstanding.

B. Unless another penalty is specifically provided, a person who intentionally and
knowingly violates any provision of this chapter is guilty of a class 2 misdemeanor.