State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter16

CHAPTER 16 - EMBALMERS, FUNERAL DIRECTORS, UNDERTAKERS ANDCREMATORIES

 

ARTICLE 1 - IN GENERAL

 

33-16-101. Embalmers; application for license; fee; examination;qualifications; registration and display of license; license not transferable;reciprocity; suspensions.

 

(a) Every person now engaged or desiring to engage in thepractice of embalming dead human bodies within the state of Wyoming shall applyupon blanks to be furnished by the board, to the state board of embalming for alicense, accompanying the same with a license fee established by the boardpursuant to W.S 33-1-201. All applicants for a license shall be at leastnineteen (19) years of age.

 

(b) The applicant shall present himself before the board at aduly organized meeting of the board and shall be examined as to his knowledgeof embalming, sanitation, anatomy and all educational subjects pertaining toembalming and the disinfection of bodies of deceased persons and apartmentswherein the same may be found, the clothing, excretia and other things likelyto be infected in case of death from communicable disease, all in accordancewith the rules and regulations of the department of health, the state board ofembalmers and the laws of Wyoming.

 

(c) The examination shall consist of not less than twenty-five(25) questions on the subject of sanitation and disinfection, not less thantwenty-five (25) questions on the subject of anatomy, not less than twenty-five(25) questions on the subject of embalming and funeral management, and not lessthan fifty (50) oral questions. The oral examination may be conducted in thepresence of a cadaver upon which actual demonstration may be asked for by theboard. All examination papers shall be kept on file by the board of embalmers.

 

(d) If the applicant is of good moral character, hassuccessfully completed one (1) year of college at a two (2) or four (4) yearinstitution of higher learning, has had one (1) year of actual practicaltraining and instruction as an apprentice under a regularly licensed embalmerpracticing in Wyoming, has attended a regular twelve (12) month course ofinstruction in a reputable college of embalming approved by the state board ofembalmers, having at least eight hundred fifty (850) hours devoted to thefollowing subjects: anatomy, physiology, chemistry, the principles and methodsof embalming, bacteriology, public health and sanitation, laws and rulesregulating the transportation of dead human bodies, funeral management, etc.,practical experience from having embalmed, under proper supervision, at leasttwenty-five (25) dead human bodies, and has passed a creditable examination inaccord with the rules and regulations of the board, then the board of embalmersshall issue the applicant a license to practice the profession of embalming inWyoming. The state board of embalmers shall select all questions to be used forexamining applicants for licenses.

 

(e) All persons receiving licenses under the provisions of W.S.33-16-101 through 33-16-206 shall register the fact at the health office of thecity and county in the jurisdiction of which it is proposed to carry on suchpractice and shall display the license in a conspicuous place in the office ofthe licensee. Licenses are not assignable and do not grant authority to anyperson other than the holder to practice the profession of embalming.

 

(f) Reciprocity is hereby given to states granting reciprocityto the state of Wyoming.

 

(g) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-16-102. Embalmers; secretary's register to be kept; copies tolicensees and transportation companies.

 

Thesecretary of the state board of embalming shall keep a record in which shall beregistered the names and residence of all persons to whom a certificate oflicense, as herein provided, has been granted, and the number and date of theselicenses; a copy of this record shall be furnished to all those holding alicense and to the various transportation companies of the state of Wyoming.

 

33-16-103. Embalmers; foreign licensees.

 

Wherea licensee from another state makes application to practice embalming in thisstate without the examination provided for in W.S. 33-16-101, he must satisfythe board that he has the qualifications required, and said applicant shall becompelled to pass a practical examination in operative embalming before atleast one (1) member of its board.

 

33-16-104. Embalmers; annual renewal of registration; fee.

 

Aregistered embalmer, who desires to continue the practice of his profession,shall annually thereafter, during the time he continues in practice, on suchdate as the board determines, pay to the secretary of the board a fee for therenewal of registration, the amount of which is to be established by the boardpursuant to W.S. 33-1-201.

 

33-16-105. Embalmers; exemption from jury service.

 

Allembalmers licensed under the provisions of this act, and who are regularlyengaged in the business of embalming, shall be and they are exempted from juryservice.

 

33-16-106. Unlawful practice and transportation; exceptions.

 

Itshall be unlawful for any person not a licensed embalmer, as herein provided,to advertise, practice, or pretend to practice the science of embalming, eitherby arterial or cavity treatment, or to prepare to ship by railroad, express orany common carrier, any dead human body, except according to rules adopted bythis board. It shall be unlawful for any person, railroad, express company orany common carrier, to receive for transportation any dead human body unlesssaid body has been prepared by a regular licensed embalmer, except inaccordance with the rules prescribed by the state board of embalming. Nothingin this act shall apply to or in any manner interfere with the duties of anyofficer of the law, nor shall this act apply to any person engaged simply inthe furnishing of burial receptacles for the dead and burying the dead, but notembalming.

 

33-16-107. Privileges as to use of bodies for dissecting, demonstratingor teaching.

 

Thestate board of embalming and schools for teaching embalming shall have extendedto them the same privileges as to the use of bodies for dissecting,demonstrating or teaching as those granted in this state to medical colleges.

 

33-16-108. When coroner's permission to embalm required; penalty.

 

Itis unlawful to embalm a dead human body when any fact within the knowledge orbrought to the attention of the embalmer is sufficient to arouse suspicion ofcrime in connection with the cause of death of the deceased, until permissionof the coroner is obtained. Any person knowingly violating this section isguilty of a misdemeanor punishable by imprisonment for not more than one (1)year, a fine of not more than one thousand dollars ($1,000.00), or both.

 

33-16-109. Shipping pasters.

 

Alllicensed embalmers shall use shipping pasters, to be furnished by the stateboard of embalming and approved by the state board of health. No railroad,express company or common carrier shall accept for transportation any deadhuman body, unless such body is accompanied by said shipping paster properlyfilled out and signed.

 

33-16-110. Prohibited acts; penalty for violations.

 

Anyperson who shall advertise, practice or hold himself or herself as practicingthe science of embalming without having complied with the provisions of thisact shall be guilty of a misdemeanor and upon conviction thereof before anycourt, shall be sentenced to pay a fine of not less than fifty dollars ($50.00)nor more than one hundred dollars ($100.00) for each and every offense; and anyperson, railroad, express company or common carrier, who shall violate theprovisions of this act shall be guilty of a misdemeanor, and shall pay a fineof not less than one hundred dollars ($100.00) nor more than five hundreddollars ($500.00) for each and every offense.

 

33-16-111. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 2 - STATE BOARD OF EMBALMING

 

33-16-201. Created; designation; composition; appointment;qualifications of members; officers; removal.

 

(a) There is created a board to be known as the Wyoming stateboard of embalming. The board shall consist of five (5) persons to be appointedby the governor. The governor may remove from office any member of the board asprovided in W.S. 9-1-202. The director of the department of health or hisdesignee shall be a member of the board of embalming, and the other membersshall be licensed embalmers and shall serve for a term of three (3) years. Theboard shall elect one (1) of its members as president and one (1) of itsmembers to act as secretary and treasurer who shall be executive officer of theboard in matters relating to the duties of the board when the board is not insession. The members of the state board of embalming shall be residents of thestate of Wyoming, and except for the director of the department of health orhis designee, shall each have had at least three (3) years experience in thepractice of embalming and disposition of the dead human body and who shall eachhave had for two (2) years previous to their appointment an unexpired embalminglicense.

 

(b) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

33-16-202. Certificate of appointment; oath.

 

Thegovernor shall furnish each person appointed to serve on the board of embalminga certificate of appointment. The appointee shall qualify by taking the usualoath of office before any person authorized to administer oaths, of the countyin which said person may reside, within ten (10) days after said appointmenthas been made, and this fact shall be noted on the certificate of appointment,and shall be filed with the state board of health.

 

33-16-203. Meetings; quorum.

 

Thestate board of embalming shall meet at least once each year and may meet asoften and at such place as the proper and efficient discharge of its duties mayrequire. Three (3) members shall constitute a quorum, provided one (1) of thembe the president of the board.

 

33-16-204. Compensation of secretary; per diem for members.

 

Themembers of this board shall receive no salary, except the secretary who shallreceive such sum as set by the board, but each member of the board shall beallowed five dollars ($5.00) per day and shall receive travel expenses, perdiem and mileage expenses in the same manner and amount as employees of thestate, but per diem shall not be allowed for more than six (6) days at any one(1) examination.

 

33-16-205. Embalming account.

 

Allprinting, postage and other contingent expenses necessarily incurred under theprovisions of this act, together with all salaries, expenses and per diem tomembers of the board shall be paid from the board's account. No warrant shallbe drawn upon the account except upon written order of the president of theboard and attested by the secretary thereof, the same having been previouslyauthorized by the board.

 

33-16-206. Rules and regulations; penalty for violation.

 

Thestate board of embalming shall, from time to time, adopt rules and regulations,not inconsistent with the laws of the state of Wyoming or of the United States,whereby the performance of the duties of this board and the practice ofembalming dead human bodies and transportation of the same shall be regulated.All companies or individuals operating or controlling railroads, expresscompanies, electric railways, coaches, public and private conveyances, and alllicensed embalmers in the state of Wyoming shall obey the rules and regulationswhen made; and any licensed embalmer, or any person or owner having in chargeany railroad train, passenger coach, electric railway, public or privateconveyance, who shall refuse or neglect to obey such rules and regulations whenmade, shall be guilty of a misdemeanor and for each offense shall be punishedby a fine of not less than fifty dollars ($50.00) nor more than two hundreddollars ($200.00).

 

33-16-207. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 3 - FUNERAL DIRECTORS AND UNDERTAKERS

 

33-16-301. Definitions; board to adopt rules.

 

(a) The terms "funeral director" and"undertaker" as used in this act, mean a person, partnership,corporation, association or other organization engaged in or conducting thebusiness of or holding himself or itself out as engaged in:

 

(i) Preparing or contracting to prepare by embalming or in anyother manner dead human bodies for burial or disposal, or directing andsupervising burial or disposal of dead human bodies;

 

(ii) Providing for or maintaining a funeral establishment or aplace for the preparation, disposition and care of dead human bodies;

 

(iii) Who directs or supervises, or contracts to direct orsupervise funerals; or

 

(iv) Who shall in connection with his or its name or funeralestablishment or business use the words "funeral director" or"undertaker" or "mortician" or any other title implyingthat he or it is engaged in the business of "funeral directing" or"undertaking" as herein defined.

 

(b) A "funeral establishment", as the term is usedherein, shall be understood to mean a place of business conducted at a specificstreet address or location devoted to the care and preparation for burial ortransportation of human dead bodies and consisting of a preparation roomequipped with a sanitary floor, necessary drainage and ventilation, andcontaining necessary instruments and supplies for the preparation and embalmingof human dead bodies for burial or transportation, and a display roomcontaining a stock of funeral caskets and shipping cases.

 

(c) The Wyoming state board of embalming may adopt such rulesas may be reasonable and proper for the purpose of carrying into effect theprovisions of this act.

 

33-16-302. Fixed establishment and license required; only 1 business tobe operated in establishment.

 

Thebusiness of a funeral director shall be conducted in a specific place. Noperson shall engage in the business of a funeral director, unless firstlicensed so to do by the Wyoming state board of embalming. Not more than one(1) person engaged in business as a funeral director shall transact business inone (1) specific funeral establishment. Any person licensed to bury dead humanbodies in any other state, or accredited by another state association asrecognized by the Conference of Funeral Service Examining Boards of the UnitedStates, Inc., may bury and conduct services in Wyoming for any person who diedoutside the state of Wyoming after obtaining an annual nonresident license fromthe Wyoming state board of embalming. The board shall promulgate rules underwhich nonresident licensees shall operate which shall be designed to protectthe public and at a minimum shall require compliance with W.S.33-16-310(a)(ii)(J), (M), (O) and (Q) and 33-16-315. A nonresident licenseewho violates any applicable rules promulgated by the board is guilty of amisdemeanor for each violation, punishable as provided in W.S. 33-16-317 fornoncompliance with W.S. 33-16-301 through 33-16-317.

 

33-16-303. Application, form, qualifications for license; examination;fees; license required for each location; change of location; death ofdirector.

 

 

(a) An application for a funeral director's license shall be inwriting and verified on a form provided by the Wyoming state board ofembalming. The applicant, unless an association, corporation or partnership,must be an adult and of good character. The applicant, when an association,corporation or partnership, must have as an active officer or manager, an adultperson who is of good character.

 

(b) Each individual, and when an association, corporation orother organization, the officer or employee who is to manage, direct or controla proposed funeral establishment, shall, before the application is granted,successfully pass an examination before the Wyoming state board of embalming,upon the following subjects:

 

(i) The signs of death;

 

(ii) The manner by which death may be determined;

 

(iii) The laws governing the preparation, burial and disposal ofdead human bodies, and the shipment of bodies dying from infectious orcontagious diseases;

 

(iv) Local health and sanitary ordinances and regulationsrelating to funeral directing and embalming; and

 

(v) Shall furnish proof satisfactory to the board that theapplicant is of good character and that the establishment in which he intendsto conduct business as a funeral director is or will be constructed, equippedand maintained in all respects as a funeral establishment as defined in W.S.33-16-301.

 

(c) The application shall be accompanied by a fee asestablished by the board pursuant to W.S. 33-1-201. If the applicant proposesto engage in or conduct more than one (1) funeral establishment, the applicantmust make a separate application and procure a separate license for eachseparate location.

 

(d) Any funeral director desiring to change his place ofbusiness must make application therefor on forms furnished by the Wyoming stateboard of embalming at least thirty (30) days prior to the time that the changein location is to take effect. The application for the change must beaccompanied by a fee as established by the board pursuant to W.S. 33-1-201. Thechange shall be granted by the Wyoming state board of embalming upon theirfavorable finding as to the proposed new location and that it conforms to theprovisions of W.S. 33-16-301.

 

(e) In case of the death of a licensed funeral director wholeaves an established business, as defined in W.S. 33-16-301 through 33-16-317,as part or all of his estate, the Wyoming state board of embalming may issue tothe legal representative of the deceased funeral director, if such legal representativeis of good character, a special temporary license as a funeral director for theduration of the administration of such estate, but in no case to exceed two (2)years. The fees for issuance and renewal of such temporary license and the timefor payment are the same as those required for regular licenses.

 

33-16-304. Investigation of applicants for license; granting orrefusing license.

 

Uponreceipt of an application for a license hereunder said Wyoming state board ofembalming shall cause an investigation to be made as to the character of theapplicant, including its officers or members, if the application is by or inbehalf of an association, corporation or partnership, and may require suchshowing as will reasonably prove the good character of the applicant; maysubpoena witnesses, administer oaths upon proper notice and after properhearing, shall grant a license if the board finds that the applicant is of goodcharacter, and that the proposed funeral establishment is, or will be,constructed and equipped as required by W.S. 33-16-301. Every application mustbe granted or refused within ninety (90) days from the date of the filing ofsuch application in case a hearing is held.

 

33-16-305. Continuance; renewal of existing licenses.

 

Everyfuneral director already holding a license which has been duly issued under thelaws of this state and who is, on the effective date of this act, engaged in orconducting the business of a funeral director at a fixed place or establishmentin this state, as designated in the license already held by him or it, shall beentitled to continue in business for the remainder of the year of 1939, andshall be entitled to have his or its license renewed annually upon payment ofrenewal fees as required under W.S. 33-16-306.

 

33-16-306. Annual renewal of license; notice; delinquent fees;penalties.

 

Everylicensed funeral director shall pay annually, a fee for the renewal of his orits license. The amount of the renewal fee, payable by a licensed funeraldirector shall be established by the board pursuant to W.S. 33-1-201. TheWyoming state board of embalming shall mail on or before the first day ofJanuary of each year to each licensed funeral director, addressed to him at hislast known address, a notice that his or its renewal fee is due and payable andthat if the fee is not paid by the first day of February, a penalty as set bythe board pursuant to W.S. 33-1-201 will be added to the renewal fee. In nocase shall the penalty or additional fee, upon account of such delinquency, bewaived. Upon receipt of the fees the board shall cause the renewal certificateto be issued.

 

33-16-307. Reinstatement of license; fees, penalties.

 

Whena licensed funeral director has for any reason allowed his license to lapse,the Wyoming state board of embalming is hereby given power of reinstatement, ifapplication therefor is made within a period of three (3) years from the lapseand is accompanied by all fees, including penalties, from the time of the lapseto date of reinstatement.

 

33-16-308. License to be signed and displayed; business to be in nameof licensee.

 

Everylicense issued hereunder shall specify the name of the licensee, shall besigned by the licensee and shall be displayed conspicuously in the place ofbusiness or employment of the licensee. No funeral establishment shall beconducted or held forth as being conducted, or advertised as being conducted,under any name except the name appearing as licensee in the license issued bythe Wyoming state board of embalming.

 

33-16-309. Assignment of license; renewal of assigned license; fee.

 

Afuneral director's license may be assigned after a showing to the Wyoming stateboard of embalming that the proposed assignee possesses all the qualificationsfor a license as a funeral director. The assignee may renew a license. A fee asestablished by the board pursuant to W.S. 33-1-201, must accompany eachapplication for assignment.

 

33-16-310. Rules and regulations; inspection; employment of inspector;notice and hearing for suspension or revocation of license generally;prohibited conduct; leasing of caskets.

 

(a) The Wyoming state board of embalming shall have powers toadopt and enforce reasonable rules and regulations relating to the business offuneral directing, to the sanitary condition of places where such business orpractice is conducted, with particular regard to plumbing, sewage, ventilationand equipment, and generally to carry out the various provisions of this act inthe protection of the peace, health, safety, welfare and morals of the public.Said board shall have the power to inspect the premises in which the businessof funeral directing is conducted or where embalming is practiced, and for thatpurpose may employ a licensed embalmer of the state of Wyoming as an inspectorand to aid in the enforcement of this act and rules adopted pursuant thereto,whose compensation and expenses shall be payable only out of the fees collectedby the board. The board shall suspend or revoke licenses after hearing by saidboard and after ten (10) days notice to the licensee, upon such licensee beingfound guilty by said board of any of the following acts or omissions:

 

(i) Conviction of a crime involving moral turpitude;

 

(ii) Unprofessional conduct which is hereby defined to include:

 

(A) Misrepresentation or fraud in the conduct of the businessor the profession of a funeral director;

 

(B) False or misleading advertising as a funeral director;

 

(C) Solicitation of human dead bodies by the licensee, hisagents, assistants or employees, whether such solicitation occurs after deathor while death is impending; provided, this shall not be deemed to prohibitgeneral advertising;

 

(D) Employment by the licensee of persons known as"cappers" or "steerers" or "solicitors", or otherpersons to obtain funeral directing or embalming business;

 

(E) Employment directly or indirectly of any apprentice agent,assistant, embalmer, employee, or other persons, on part or full time, or oncommission, for the purpose of calling upon individuals or institutions bywhose influence dead human bodies may be turned over to a particular funeraldirector or embalmer;

 

(F) The buying of business by the licensee, his agents,assistants, or employees, or the direct or indirect payment or offer of paymentof a commission by the licensee, his agents, assistants, or employees, for thepurpose of securing business;

 

(G) Gross immorality;

 

(H) Aiding or abetting an unlicensed person to practice funeraldirecting or embalming;

 

(J) Using profane, indecent or obscene language in the presenceof a dead human body, or within the immediate hearing of the family orrelatives of a deceased, whose body has not yet been interred or otherwisedisposed of;

 

(K) Solicitation or acceptance by a licensee of any commissionor bonus or rebate in consideration of recommending or causing a dead humanbody to be disposed of in any crematory, mausoleum or cemetery;

 

(M) Using any casket or part of a casket which has previouslybeen used as a receptacle for, or in connection with, the burial or otherdisposition of a dead human body in violation of board rules adopted pursuantto subsection (b) of this section;

 

(N) Violation of any of the provisions of this act;

 

(O) Violation of any state law or municipal or county ordinanceor regulation affecting the handling, custody, care or transportation of deadhuman bodies;

 

(P) Fraud or misrepresentation in obtaining a license;

 

(Q) Refusing to promptly surrender the custody of a dead humanbody, upon the express order of the person lawfully entitled to the custodythereof;

 

(R) Taking undue advantage of his patrons or being guilty offraud or misrepresentation in the sale of merchandise to his patrons.

 

(b) Notwithstanding any other provision of law the lease of acasket for funeral and other services of a person to be cremated is herebyauthorized. The board shall adopt rules regulating the lease of caskets toensure sanitary use.

 

(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. Notwithstanding subsection (a)of this section, no appeal under the Wyoming Administrative Procedure Act shallbe allowed for a license withheld, suspended or restricted under thissubsection.

 

33-16-311. Petition for revocation or suspension of license; notice forhearing; order of suspension or revocation.

 

A petition for the revocation or suspensionof a license may be filed by the attorney general or by the county attorney ofthe county in which the licensee resides or has practiced, or by any citizenresiding in this state. Said petition shall be filed with the Wyoming stateboard of embalming and shall be entitled, "In the Matter of the Revocation(or Suspension) of the License of (name of licensee) to Practice FuneralDirecting", and shall state the charges against the licensee withreasonable definiteness. Upon the presentation of the petition to said board,the board shall make an order fixing a time and place of hearing thereon whichshall not be less than ten (10) days nor more than thirty (30) days thereafter.Notice of filing of such petition and the time and place of hearing shall beserved upon the licensee at least ten (10) days before said hearing. Saidnotice may be served by any sheriff or by any person especially appointed bythe board. Order of revocation or suspension of licenses shall be entered ofrecord and the name of said licensee stricken from the roster of licentiatesand the licensee may not engage in the practice of funeral directing afterrevocation of license or during the time for which it is suspended.

 

33-16-312. Petition for revocation or suspension of license; appeal todistrict court.

 

Bothparties shall have the right of appeal to the district court of the county inwhich the licensee resides at any time within thirty (30) days after entry ofthe order of the board. The service of a notice in writing, of the intention oftaking such an appeal, within ten (10) days after the entry of the order shallbe sufficient notice to the adverse party of such appeal. A transcript of allpleadings upon which the cause was submitted to the board, duly certified,shall be filed in the office of the clerk of the district court and such filingshall complete the appeal. The trial of the district court upon such appealshall be de novo. In the event the licensee appeals, the decision of the boardshall not be stayed by the proceedings on appeal and such appeal shall notoperate to restore the right of the licensee to practice pending such appeal,unless bond, with sufficient surety, to be approved by said clerk of thedistrict court, shall be posted with said clerk of the district court, in suchsums as the judge or court commissioner may require, conditioned that suchappeal shall be prosecuted without unnecessary delay and in case the decisionappealed from be confirmed the licensee shall pay all costs.

 

33-16-313. Disposition of fees.

 

Allmonies shall be received and collected as provided by law. The state treasurershall put the money into a separate account in the treasury of the state ofWyoming.

 

33-16-314. Duty to ascertain cause of death; embalmer to prepare bodyfor transportation or removal if death due to communicable, contagious orinfectious disease.

 

Itshall be the duty of every funeral director and undertaker, when called to takecharge of a dead body, to first ascertain the cause of death; and if death hasoccurred from any communicable, contagious or infectious disease, said funeraldirector or undertaker shall not remove or transport said body until after saidbody has been prepared for transportation or removal by a licensed embalmer ofthis state.

 

33-16-315. Funeral where death caused by communicable, contagious orinfectious disease.

 

Nofuneral director or undertaker shall conduct a public funeral either at hisplace of business or at a private dwelling house or elsewhere in cases wherethe deceased died of any communicable, contagious or infectious disease, exceptin strict compliance with the rules and regulations to be promulgated, fromtime to time, by the board.

 

33-16-316. Persons barred from embalming room; exceptions.

 

Itshall be the duty of every funeral director, undertaker and embalmer, not topermit any person or persons to enter any room in any funeral home or mortuarywhere dead bodies are being embalmed, except licensed embalmers and theirassistants, funeral directors and undertakers, public officers in the dischargeof their official duties, and attending physicians and their assistants, unlessby direct permission of the immediate family.

 

33-16-317. Prohibited acts; penalty for violations; continuingoffenses.

 

Anyperson, firm or corporation who shall engage, directly or indirectly, in thebusiness of funeral directing or undertaking or hold himself or itself out as afuneral director or undertaker or attempt to take care of the disposition ofdead human bodies without having complied with the provisions of this chapterand without being licensed so to do, as herein provided, or who shall continuein the business of a funeral director or undertaker, after his or its licensehas been revoked, shall be guilty of a misdemeanor, and upon convictionthereof, shall be fined not less than fifty dollars ($50.00) and not more thanfive hundred dollars ($500.00); and each day that he or it is so engaged insuch business shall be deemed a separate offense and every funeral director orundertaker or any person acting for him, who pays or causes to be paid,directly or indirectly, any money or other thing of value as a commission orgratuity for the securing of business as such funeral director or undertakerand every person who accepts or offers to accept any money or other thing ofvalue as a commission or gratuity from a funeral director or undertaker inorder to secure business for him shall be deemed guilty of a misdemeanor, and,upon conviction thereof, shall be fined not more than five hundred dollars($500.00), or shall be imprisoned in the county jail for not less than thirty(30) days or punished by both such fine and imprisonment.

 

33-16-318. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 4 - CREMATORIES

 

33-16-401. Definitions of terms.

 

 

(a) As used in this act:

 

(i) "Cremated remains" means human remains aftercremation in a crematory;

 

(ii) "Cremation" means the reduction of the body of adeceased person to cremated remains in a crematory;

 

(iii) "Crematory" means a building or structurecontaining one (1) or more retorts for the reduction of bodies of deceasedpersons to cremated remains;

 

(iv) "Human remains" means the body of a deceasedperson and includes the body in any stage of decomposition and crematedremains.

 

33-16-402. Cremation of human remains.

 

Thefuneral director, mortician, embalmer or other person having charge of thepreparation of human remains for burial or the last rites and committalservices thereof shall have the right to be present either in person or by hisemployees, at any stage of the cremation of such human remains. No crematoriumshall accept human remains for cremation until it has received a burial-transitpermit required by law.

 

33-16-403. Inspection of crematories; rules and regulations.

 

Thestate board of embalming shall establish, promulgate and amend reasonable rulesand regulations governing the cremation of human remains. The rules shallprovide minimum standards of sanitation, required equipment and fire protectionwhich the state board of embalming deems necessary for the protection of thepublic. The state board of embalming shall inspect all crematoriums at leastonce each year.

 

33-16-404. Removal of human remains.

 

Humanremains delivered to a crematorium shall not be removed from the casket orother container without the written authorization of the person giving theconsent to or requesting the cremation of the human remains. The use of acasket or other container is not a necessary requirement of cremation.

 

33-16-405. Permits to operate crematories.

 

Anyperson, firm, association or corporation, desiring to operate a crematory inthe state of Wyoming shall apply for and receive from the state board ofembalming a permit or license to be issued by and in such form as the stateboard of embalming prescribes. Applications for permits to operate crematoriesshall be in writing and shall contain the name of the applicant, the addressand location of the crematory and such further information as the state boardof embalming requires. The state board of embalming shall examine the premisesand structure to be used as a crematory and shall issue the permit only if theapplicant and the structure meet the standards required by the rules andregulations of the state board of embalming and the provisions of this act.

 

33-16-406. License or permit fee; renewal.

 

Eachapplicant for a permit to operate a crematory in the state of Wyoming shall payto the state board of embalming at the time of filing the application a fee tobe established by the state board of embalming pursuant to W.S. 33-1-201. Alllicenses or permits issued under this act shall expire on December 31 of eachyear and may be renewed by payment of the annual license fee to be establishedby the state board of embalming pursuant to W.S. 33-1-201 provided theapplicant is not in violation of this act or the rules and regulations of thestate board of embalming.

 

33-16-407. Records of crematories.

 

Uponthe receipt of a human body for cremation, the crematory shall deliver to thefuneral director or his agent who delivers the body to the crematory, a receipttherefor, showing the date of delivery, name of the funeral director from whomthe body is received and the name of the deceased. Each crematory shallmaintain a record of each cremation of human remains disclosing the name of theperson cremated, the name of the person authorizing the cremation, the date thebody was received, the date the cremation was performed and such otherinformation as the state board of embalming may require. The record of eachcremation shall be signed by the owner or operator of the crematorium and bythe funeral director, mortician, embalmer or other person having charge of thepreparation of the human remains for cremation. The record shall be kept at thecrematory for inspection by the state board of embalming which may also requirecopies thereof to be filed with it containing such information as may benecessary for the use of the board.

 

33-16-408. Revocation and refusal to reissue license.

 

 

(a) The state board of embalming may refuse to grant or renewand may revoke a license provided for in this act to a person otherwisequalified who fails to meet or comply with the provisions of this act or therules and regulations adopted by the state board of embalming pursuant to theprovisions of this act.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-16-409. Violation declared public nuisance; enforcement; penalties.

 

Maintenanceor operation of a building or structure within the state of Wyoming as acrematorium in violation of the provisions of this act or the rules andregulations of the state board of embalming is a public nuisance and may beabated as provided by law. Any person who violates any of the provisions ofthis act is guilty of a misdemeanor and upon conviction thereof shall be finednot exceeding one hundred dollars ($100.00) or imprisoned in the county jailfor a period not exceeding thirty (30) days, or both.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter16

CHAPTER 16 - EMBALMERS, FUNERAL DIRECTORS, UNDERTAKERS ANDCREMATORIES

 

ARTICLE 1 - IN GENERAL

 

33-16-101. Embalmers; application for license; fee; examination;qualifications; registration and display of license; license not transferable;reciprocity; suspensions.

 

(a) Every person now engaged or desiring to engage in thepractice of embalming dead human bodies within the state of Wyoming shall applyupon blanks to be furnished by the board, to the state board of embalming for alicense, accompanying the same with a license fee established by the boardpursuant to W.S 33-1-201. All applicants for a license shall be at leastnineteen (19) years of age.

 

(b) The applicant shall present himself before the board at aduly organized meeting of the board and shall be examined as to his knowledgeof embalming, sanitation, anatomy and all educational subjects pertaining toembalming and the disinfection of bodies of deceased persons and apartmentswherein the same may be found, the clothing, excretia and other things likelyto be infected in case of death from communicable disease, all in accordancewith the rules and regulations of the department of health, the state board ofembalmers and the laws of Wyoming.

 

(c) The examination shall consist of not less than twenty-five(25) questions on the subject of sanitation and disinfection, not less thantwenty-five (25) questions on the subject of anatomy, not less than twenty-five(25) questions on the subject of embalming and funeral management, and not lessthan fifty (50) oral questions. The oral examination may be conducted in thepresence of a cadaver upon which actual demonstration may be asked for by theboard. All examination papers shall be kept on file by the board of embalmers.

 

(d) If the applicant is of good moral character, hassuccessfully completed one (1) year of college at a two (2) or four (4) yearinstitution of higher learning, has had one (1) year of actual practicaltraining and instruction as an apprentice under a regularly licensed embalmerpracticing in Wyoming, has attended a regular twelve (12) month course ofinstruction in a reputable college of embalming approved by the state board ofembalmers, having at least eight hundred fifty (850) hours devoted to thefollowing subjects: anatomy, physiology, chemistry, the principles and methodsof embalming, bacteriology, public health and sanitation, laws and rulesregulating the transportation of dead human bodies, funeral management, etc.,practical experience from having embalmed, under proper supervision, at leasttwenty-five (25) dead human bodies, and has passed a creditable examination inaccord with the rules and regulations of the board, then the board of embalmersshall issue the applicant a license to practice the profession of embalming inWyoming. The state board of embalmers shall select all questions to be used forexamining applicants for licenses.

 

(e) All persons receiving licenses under the provisions of W.S.33-16-101 through 33-16-206 shall register the fact at the health office of thecity and county in the jurisdiction of which it is proposed to carry on suchpractice and shall display the license in a conspicuous place in the office ofthe licensee. Licenses are not assignable and do not grant authority to anyperson other than the holder to practice the profession of embalming.

 

(f) Reciprocity is hereby given to states granting reciprocityto the state of Wyoming.

 

(g) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-16-102. Embalmers; secretary's register to be kept; copies tolicensees and transportation companies.

 

Thesecretary of the state board of embalming shall keep a record in which shall beregistered the names and residence of all persons to whom a certificate oflicense, as herein provided, has been granted, and the number and date of theselicenses; a copy of this record shall be furnished to all those holding alicense and to the various transportation companies of the state of Wyoming.

 

33-16-103. Embalmers; foreign licensees.

 

Wherea licensee from another state makes application to practice embalming in thisstate without the examination provided for in W.S. 33-16-101, he must satisfythe board that he has the qualifications required, and said applicant shall becompelled to pass a practical examination in operative embalming before atleast one (1) member of its board.

 

33-16-104. Embalmers; annual renewal of registration; fee.

 

Aregistered embalmer, who desires to continue the practice of his profession,shall annually thereafter, during the time he continues in practice, on suchdate as the board determines, pay to the secretary of the board a fee for therenewal of registration, the amount of which is to be established by the boardpursuant to W.S. 33-1-201.

 

33-16-105. Embalmers; exemption from jury service.

 

Allembalmers licensed under the provisions of this act, and who are regularlyengaged in the business of embalming, shall be and they are exempted from juryservice.

 

33-16-106. Unlawful practice and transportation; exceptions.

 

Itshall be unlawful for any person not a licensed embalmer, as herein provided,to advertise, practice, or pretend to practice the science of embalming, eitherby arterial or cavity treatment, or to prepare to ship by railroad, express orany common carrier, any dead human body, except according to rules adopted bythis board. It shall be unlawful for any person, railroad, express company orany common carrier, to receive for transportation any dead human body unlesssaid body has been prepared by a regular licensed embalmer, except inaccordance with the rules prescribed by the state board of embalming. Nothingin this act shall apply to or in any manner interfere with the duties of anyofficer of the law, nor shall this act apply to any person engaged simply inthe furnishing of burial receptacles for the dead and burying the dead, but notembalming.

 

33-16-107. Privileges as to use of bodies for dissecting, demonstratingor teaching.

 

Thestate board of embalming and schools for teaching embalming shall have extendedto them the same privileges as to the use of bodies for dissecting,demonstrating or teaching as those granted in this state to medical colleges.

 

33-16-108. When coroner's permission to embalm required; penalty.

 

Itis unlawful to embalm a dead human body when any fact within the knowledge orbrought to the attention of the embalmer is sufficient to arouse suspicion ofcrime in connection with the cause of death of the deceased, until permissionof the coroner is obtained. Any person knowingly violating this section isguilty of a misdemeanor punishable by imprisonment for not more than one (1)year, a fine of not more than one thousand dollars ($1,000.00), or both.

 

33-16-109. Shipping pasters.

 

Alllicensed embalmers shall use shipping pasters, to be furnished by the stateboard of embalming and approved by the state board of health. No railroad,express company or common carrier shall accept for transportation any deadhuman body, unless such body is accompanied by said shipping paster properlyfilled out and signed.

 

33-16-110. Prohibited acts; penalty for violations.

 

Anyperson who shall advertise, practice or hold himself or herself as practicingthe science of embalming without having complied with the provisions of thisact shall be guilty of a misdemeanor and upon conviction thereof before anycourt, shall be sentenced to pay a fine of not less than fifty dollars ($50.00)nor more than one hundred dollars ($100.00) for each and every offense; and anyperson, railroad, express company or common carrier, who shall violate theprovisions of this act shall be guilty of a misdemeanor, and shall pay a fineof not less than one hundred dollars ($100.00) nor more than five hundreddollars ($500.00) for each and every offense.

 

33-16-111. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 2 - STATE BOARD OF EMBALMING

 

33-16-201. Created; designation; composition; appointment;qualifications of members; officers; removal.

 

(a) There is created a board to be known as the Wyoming stateboard of embalming. The board shall consist of five (5) persons to be appointedby the governor. The governor may remove from office any member of the board asprovided in W.S. 9-1-202. The director of the department of health or hisdesignee shall be a member of the board of embalming, and the other membersshall be licensed embalmers and shall serve for a term of three (3) years. Theboard shall elect one (1) of its members as president and one (1) of itsmembers to act as secretary and treasurer who shall be executive officer of theboard in matters relating to the duties of the board when the board is not insession. The members of the state board of embalming shall be residents of thestate of Wyoming, and except for the director of the department of health orhis designee, shall each have had at least three (3) years experience in thepractice of embalming and disposition of the dead human body and who shall eachhave had for two (2) years previous to their appointment an unexpired embalminglicense.

 

(b) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

33-16-202. Certificate of appointment; oath.

 

Thegovernor shall furnish each person appointed to serve on the board of embalminga certificate of appointment. The appointee shall qualify by taking the usualoath of office before any person authorized to administer oaths, of the countyin which said person may reside, within ten (10) days after said appointmenthas been made, and this fact shall be noted on the certificate of appointment,and shall be filed with the state board of health.

 

33-16-203. Meetings; quorum.

 

Thestate board of embalming shall meet at least once each year and may meet asoften and at such place as the proper and efficient discharge of its duties mayrequire. Three (3) members shall constitute a quorum, provided one (1) of thembe the president of the board.

 

33-16-204. Compensation of secretary; per diem for members.

 

Themembers of this board shall receive no salary, except the secretary who shallreceive such sum as set by the board, but each member of the board shall beallowed five dollars ($5.00) per day and shall receive travel expenses, perdiem and mileage expenses in the same manner and amount as employees of thestate, but per diem shall not be allowed for more than six (6) days at any one(1) examination.

 

33-16-205. Embalming account.

 

Allprinting, postage and other contingent expenses necessarily incurred under theprovisions of this act, together with all salaries, expenses and per diem tomembers of the board shall be paid from the board's account. No warrant shallbe drawn upon the account except upon written order of the president of theboard and attested by the secretary thereof, the same having been previouslyauthorized by the board.

 

33-16-206. Rules and regulations; penalty for violation.

 

Thestate board of embalming shall, from time to time, adopt rules and regulations,not inconsistent with the laws of the state of Wyoming or of the United States,whereby the performance of the duties of this board and the practice ofembalming dead human bodies and transportation of the same shall be regulated.All companies or individuals operating or controlling railroads, expresscompanies, electric railways, coaches, public and private conveyances, and alllicensed embalmers in the state of Wyoming shall obey the rules and regulationswhen made; and any licensed embalmer, or any person or owner having in chargeany railroad train, passenger coach, electric railway, public or privateconveyance, who shall refuse or neglect to obey such rules and regulations whenmade, shall be guilty of a misdemeanor and for each offense shall be punishedby a fine of not less than fifty dollars ($50.00) nor more than two hundreddollars ($200.00).

 

33-16-207. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 3 - FUNERAL DIRECTORS AND UNDERTAKERS

 

33-16-301. Definitions; board to adopt rules.

 

(a) The terms "funeral director" and"undertaker" as used in this act, mean a person, partnership,corporation, association or other organization engaged in or conducting thebusiness of or holding himself or itself out as engaged in:

 

(i) Preparing or contracting to prepare by embalming or in anyother manner dead human bodies for burial or disposal, or directing andsupervising burial or disposal of dead human bodies;

 

(ii) Providing for or maintaining a funeral establishment or aplace for the preparation, disposition and care of dead human bodies;

 

(iii) Who directs or supervises, or contracts to direct orsupervise funerals; or

 

(iv) Who shall in connection with his or its name or funeralestablishment or business use the words "funeral director" or"undertaker" or "mortician" or any other title implyingthat he or it is engaged in the business of "funeral directing" or"undertaking" as herein defined.

 

(b) A "funeral establishment", as the term is usedherein, shall be understood to mean a place of business conducted at a specificstreet address or location devoted to the care and preparation for burial ortransportation of human dead bodies and consisting of a preparation roomequipped with a sanitary floor, necessary drainage and ventilation, andcontaining necessary instruments and supplies for the preparation and embalmingof human dead bodies for burial or transportation, and a display roomcontaining a stock of funeral caskets and shipping cases.

 

(c) The Wyoming state board of embalming may adopt such rulesas may be reasonable and proper for the purpose of carrying into effect theprovisions of this act.

 

33-16-302. Fixed establishment and license required; only 1 business tobe operated in establishment.

 

Thebusiness of a funeral director shall be conducted in a specific place. Noperson shall engage in the business of a funeral director, unless firstlicensed so to do by the Wyoming state board of embalming. Not more than one(1) person engaged in business as a funeral director shall transact business inone (1) specific funeral establishment. Any person licensed to bury dead humanbodies in any other state, or accredited by another state association asrecognized by the Conference of Funeral Service Examining Boards of the UnitedStates, Inc., may bury and conduct services in Wyoming for any person who diedoutside the state of Wyoming after obtaining an annual nonresident license fromthe Wyoming state board of embalming. The board shall promulgate rules underwhich nonresident licensees shall operate which shall be designed to protectthe public and at a minimum shall require compliance with W.S.33-16-310(a)(ii)(J), (M), (O) and (Q) and 33-16-315. A nonresident licenseewho violates any applicable rules promulgated by the board is guilty of amisdemeanor for each violation, punishable as provided in W.S. 33-16-317 fornoncompliance with W.S. 33-16-301 through 33-16-317.

 

33-16-303. Application, form, qualifications for license; examination;fees; license required for each location; change of location; death ofdirector.

 

 

(a) An application for a funeral director's license shall be inwriting and verified on a form provided by the Wyoming state board ofembalming. The applicant, unless an association, corporation or partnership,must be an adult and of good character. The applicant, when an association,corporation or partnership, must have as an active officer or manager, an adultperson who is of good character.

 

(b) Each individual, and when an association, corporation orother organization, the officer or employee who is to manage, direct or controla proposed funeral establishment, shall, before the application is granted,successfully pass an examination before the Wyoming state board of embalming,upon the following subjects:

 

(i) The signs of death;

 

(ii) The manner by which death may be determined;

 

(iii) The laws governing the preparation, burial and disposal ofdead human bodies, and the shipment of bodies dying from infectious orcontagious diseases;

 

(iv) Local health and sanitary ordinances and regulationsrelating to funeral directing and embalming; and

 

(v) Shall furnish proof satisfactory to the board that theapplicant is of good character and that the establishment in which he intendsto conduct business as a funeral director is or will be constructed, equippedand maintained in all respects as a funeral establishment as defined in W.S.33-16-301.

 

(c) The application shall be accompanied by a fee asestablished by the board pursuant to W.S. 33-1-201. If the applicant proposesto engage in or conduct more than one (1) funeral establishment, the applicantmust make a separate application and procure a separate license for eachseparate location.

 

(d) Any funeral director desiring to change his place ofbusiness must make application therefor on forms furnished by the Wyoming stateboard of embalming at least thirty (30) days prior to the time that the changein location is to take effect. The application for the change must beaccompanied by a fee as established by the board pursuant to W.S. 33-1-201. Thechange shall be granted by the Wyoming state board of embalming upon theirfavorable finding as to the proposed new location and that it conforms to theprovisions of W.S. 33-16-301.

 

(e) In case of the death of a licensed funeral director wholeaves an established business, as defined in W.S. 33-16-301 through 33-16-317,as part or all of his estate, the Wyoming state board of embalming may issue tothe legal representative of the deceased funeral director, if such legal representativeis of good character, a special temporary license as a funeral director for theduration of the administration of such estate, but in no case to exceed two (2)years. The fees for issuance and renewal of such temporary license and the timefor payment are the same as those required for regular licenses.

 

33-16-304. Investigation of applicants for license; granting orrefusing license.

 

Uponreceipt of an application for a license hereunder said Wyoming state board ofembalming shall cause an investigation to be made as to the character of theapplicant, including its officers or members, if the application is by or inbehalf of an association, corporation or partnership, and may require suchshowing as will reasonably prove the good character of the applicant; maysubpoena witnesses, administer oaths upon proper notice and after properhearing, shall grant a license if the board finds that the applicant is of goodcharacter, and that the proposed funeral establishment is, or will be,constructed and equipped as required by W.S. 33-16-301. Every application mustbe granted or refused within ninety (90) days from the date of the filing ofsuch application in case a hearing is held.

 

33-16-305. Continuance; renewal of existing licenses.

 

Everyfuneral director already holding a license which has been duly issued under thelaws of this state and who is, on the effective date of this act, engaged in orconducting the business of a funeral director at a fixed place or establishmentin this state, as designated in the license already held by him or it, shall beentitled to continue in business for the remainder of the year of 1939, andshall be entitled to have his or its license renewed annually upon payment ofrenewal fees as required under W.S. 33-16-306.

 

33-16-306. Annual renewal of license; notice; delinquent fees;penalties.

 

Everylicensed funeral director shall pay annually, a fee for the renewal of his orits license. The amount of the renewal fee, payable by a licensed funeraldirector shall be established by the board pursuant to W.S. 33-1-201. TheWyoming state board of embalming shall mail on or before the first day ofJanuary of each year to each licensed funeral director, addressed to him at hislast known address, a notice that his or its renewal fee is due and payable andthat if the fee is not paid by the first day of February, a penalty as set bythe board pursuant to W.S. 33-1-201 will be added to the renewal fee. In nocase shall the penalty or additional fee, upon account of such delinquency, bewaived. Upon receipt of the fees the board shall cause the renewal certificateto be issued.

 

33-16-307. Reinstatement of license; fees, penalties.

 

Whena licensed funeral director has for any reason allowed his license to lapse,the Wyoming state board of embalming is hereby given power of reinstatement, ifapplication therefor is made within a period of three (3) years from the lapseand is accompanied by all fees, including penalties, from the time of the lapseto date of reinstatement.

 

33-16-308. License to be signed and displayed; business to be in nameof licensee.

 

Everylicense issued hereunder shall specify the name of the licensee, shall besigned by the licensee and shall be displayed conspicuously in the place ofbusiness or employment of the licensee. No funeral establishment shall beconducted or held forth as being conducted, or advertised as being conducted,under any name except the name appearing as licensee in the license issued bythe Wyoming state board of embalming.

 

33-16-309. Assignment of license; renewal of assigned license; fee.

 

Afuneral director's license may be assigned after a showing to the Wyoming stateboard of embalming that the proposed assignee possesses all the qualificationsfor a license as a funeral director. The assignee may renew a license. A fee asestablished by the board pursuant to W.S. 33-1-201, must accompany eachapplication for assignment.

 

33-16-310. Rules and regulations; inspection; employment of inspector;notice and hearing for suspension or revocation of license generally;prohibited conduct; leasing of caskets.

 

(a) The Wyoming state board of embalming shall have powers toadopt and enforce reasonable rules and regulations relating to the business offuneral directing, to the sanitary condition of places where such business orpractice is conducted, with particular regard to plumbing, sewage, ventilationand equipment, and generally to carry out the various provisions of this act inthe protection of the peace, health, safety, welfare and morals of the public.Said board shall have the power to inspect the premises in which the businessof funeral directing is conducted or where embalming is practiced, and for thatpurpose may employ a licensed embalmer of the state of Wyoming as an inspectorand to aid in the enforcement of this act and rules adopted pursuant thereto,whose compensation and expenses shall be payable only out of the fees collectedby the board. The board shall suspend or revoke licenses after hearing by saidboard and after ten (10) days notice to the licensee, upon such licensee beingfound guilty by said board of any of the following acts or omissions:

 

(i) Conviction of a crime involving moral turpitude;

 

(ii) Unprofessional conduct which is hereby defined to include:

 

(A) Misrepresentation or fraud in the conduct of the businessor the profession of a funeral director;

 

(B) False or misleading advertising as a funeral director;

 

(C) Solicitation of human dead bodies by the licensee, hisagents, assistants or employees, whether such solicitation occurs after deathor while death is impending; provided, this shall not be deemed to prohibitgeneral advertising;

 

(D) Employment by the licensee of persons known as"cappers" or "steerers" or "solicitors", or otherpersons to obtain funeral directing or embalming business;

 

(E) Employment directly or indirectly of any apprentice agent,assistant, embalmer, employee, or other persons, on part or full time, or oncommission, for the purpose of calling upon individuals or institutions bywhose influence dead human bodies may be turned over to a particular funeraldirector or embalmer;

 

(F) The buying of business by the licensee, his agents,assistants, or employees, or the direct or indirect payment or offer of paymentof a commission by the licensee, his agents, assistants, or employees, for thepurpose of securing business;

 

(G) Gross immorality;

 

(H) Aiding or abetting an unlicensed person to practice funeraldirecting or embalming;

 

(J) Using profane, indecent or obscene language in the presenceof a dead human body, or within the immediate hearing of the family orrelatives of a deceased, whose body has not yet been interred or otherwisedisposed of;

 

(K) Solicitation or acceptance by a licensee of any commissionor bonus or rebate in consideration of recommending or causing a dead humanbody to be disposed of in any crematory, mausoleum or cemetery;

 

(M) Using any casket or part of a casket which has previouslybeen used as a receptacle for, or in connection with, the burial or otherdisposition of a dead human body in violation of board rules adopted pursuantto subsection (b) of this section;

 

(N) Violation of any of the provisions of this act;

 

(O) Violation of any state law or municipal or county ordinanceor regulation affecting the handling, custody, care or transportation of deadhuman bodies;

 

(P) Fraud or misrepresentation in obtaining a license;

 

(Q) Refusing to promptly surrender the custody of a dead humanbody, upon the express order of the person lawfully entitled to the custodythereof;

 

(R) Taking undue advantage of his patrons or being guilty offraud or misrepresentation in the sale of merchandise to his patrons.

 

(b) Notwithstanding any other provision of law the lease of acasket for funeral and other services of a person to be cremated is herebyauthorized. The board shall adopt rules regulating the lease of caskets toensure sanitary use.

 

(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. Notwithstanding subsection (a)of this section, no appeal under the Wyoming Administrative Procedure Act shallbe allowed for a license withheld, suspended or restricted under thissubsection.

 

33-16-311. Petition for revocation or suspension of license; notice forhearing; order of suspension or revocation.

 

A petition for the revocation or suspensionof a license may be filed by the attorney general or by the county attorney ofthe county in which the licensee resides or has practiced, or by any citizenresiding in this state. Said petition shall be filed with the Wyoming stateboard of embalming and shall be entitled, "In the Matter of the Revocation(or Suspension) of the License of (name of licensee) to Practice FuneralDirecting", and shall state the charges against the licensee withreasonable definiteness. Upon the presentation of the petition to said board,the board shall make an order fixing a time and place of hearing thereon whichshall not be less than ten (10) days nor more than thirty (30) days thereafter.Notice of filing of such petition and the time and place of hearing shall beserved upon the licensee at least ten (10) days before said hearing. Saidnotice may be served by any sheriff or by any person especially appointed bythe board. Order of revocation or suspension of licenses shall be entered ofrecord and the name of said licensee stricken from the roster of licentiatesand the licensee may not engage in the practice of funeral directing afterrevocation of license or during the time for which it is suspended.

 

33-16-312. Petition for revocation or suspension of license; appeal todistrict court.

 

Bothparties shall have the right of appeal to the district court of the county inwhich the licensee resides at any time within thirty (30) days after entry ofthe order of the board. The service of a notice in writing, of the intention oftaking such an appeal, within ten (10) days after the entry of the order shallbe sufficient notice to the adverse party of such appeal. A transcript of allpleadings upon which the cause was submitted to the board, duly certified,shall be filed in the office of the clerk of the district court and such filingshall complete the appeal. The trial of the district court upon such appealshall be de novo. In the event the licensee appeals, the decision of the boardshall not be stayed by the proceedings on appeal and such appeal shall notoperate to restore the right of the licensee to practice pending such appeal,unless bond, with sufficient surety, to be approved by said clerk of thedistrict court, shall be posted with said clerk of the district court, in suchsums as the judge or court commissioner may require, conditioned that suchappeal shall be prosecuted without unnecessary delay and in case the decisionappealed from be confirmed the licensee shall pay all costs.

 

33-16-313. Disposition of fees.

 

Allmonies shall be received and collected as provided by law. The state treasurershall put the money into a separate account in the treasury of the state ofWyoming.

 

33-16-314. Duty to ascertain cause of death; embalmer to prepare bodyfor transportation or removal if death due to communicable, contagious orinfectious disease.

 

Itshall be the duty of every funeral director and undertaker, when called to takecharge of a dead body, to first ascertain the cause of death; and if death hasoccurred from any communicable, contagious or infectious disease, said funeraldirector or undertaker shall not remove or transport said body until after saidbody has been prepared for transportation or removal by a licensed embalmer ofthis state.

 

33-16-315. Funeral where death caused by communicable, contagious orinfectious disease.

 

Nofuneral director or undertaker shall conduct a public funeral either at hisplace of business or at a private dwelling house or elsewhere in cases wherethe deceased died of any communicable, contagious or infectious disease, exceptin strict compliance with the rules and regulations to be promulgated, fromtime to time, by the board.

 

33-16-316. Persons barred from embalming room; exceptions.

 

Itshall be the duty of every funeral director, undertaker and embalmer, not topermit any person or persons to enter any room in any funeral home or mortuarywhere dead bodies are being embalmed, except licensed embalmers and theirassistants, funeral directors and undertakers, public officers in the dischargeof their official duties, and attending physicians and their assistants, unlessby direct permission of the immediate family.

 

33-16-317. Prohibited acts; penalty for violations; continuingoffenses.

 

Anyperson, firm or corporation who shall engage, directly or indirectly, in thebusiness of funeral directing or undertaking or hold himself or itself out as afuneral director or undertaker or attempt to take care of the disposition ofdead human bodies without having complied with the provisions of this chapterand without being licensed so to do, as herein provided, or who shall continuein the business of a funeral director or undertaker, after his or its licensehas been revoked, shall be guilty of a misdemeanor, and upon convictionthereof, shall be fined not less than fifty dollars ($50.00) and not more thanfive hundred dollars ($500.00); and each day that he or it is so engaged insuch business shall be deemed a separate offense and every funeral director orundertaker or any person acting for him, who pays or causes to be paid,directly or indirectly, any money or other thing of value as a commission orgratuity for the securing of business as such funeral director or undertakerand every person who accepts or offers to accept any money or other thing ofvalue as a commission or gratuity from a funeral director or undertaker inorder to secure business for him shall be deemed guilty of a misdemeanor, and,upon conviction thereof, shall be fined not more than five hundred dollars($500.00), or shall be imprisoned in the county jail for not less than thirty(30) days or punished by both such fine and imprisonment.

 

33-16-318. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 4 - CREMATORIES

 

33-16-401. Definitions of terms.

 

 

(a) As used in this act:

 

(i) "Cremated remains" means human remains aftercremation in a crematory;

 

(ii) "Cremation" means the reduction of the body of adeceased person to cremated remains in a crematory;

 

(iii) "Crematory" means a building or structurecontaining one (1) or more retorts for the reduction of bodies of deceasedpersons to cremated remains;

 

(iv) "Human remains" means the body of a deceasedperson and includes the body in any stage of decomposition and crematedremains.

 

33-16-402. Cremation of human remains.

 

Thefuneral director, mortician, embalmer or other person having charge of thepreparation of human remains for burial or the last rites and committalservices thereof shall have the right to be present either in person or by hisemployees, at any stage of the cremation of such human remains. No crematoriumshall accept human remains for cremation until it has received a burial-transitpermit required by law.

 

33-16-403. Inspection of crematories; rules and regulations.

 

Thestate board of embalming shall establish, promulgate and amend reasonable rulesand regulations governing the cremation of human remains. The rules shallprovide minimum standards of sanitation, required equipment and fire protectionwhich the state board of embalming deems necessary for the protection of thepublic. The state board of embalming shall inspect all crematoriums at leastonce each year.

 

33-16-404. Removal of human remains.

 

Humanremains delivered to a crematorium shall not be removed from the casket orother container without the written authorization of the person giving theconsent to or requesting the cremation of the human remains. The use of acasket or other container is not a necessary requirement of cremation.

 

33-16-405. Permits to operate crematories.

 

Anyperson, firm, association or corporation, desiring to operate a crematory inthe state of Wyoming shall apply for and receive from the state board ofembalming a permit or license to be issued by and in such form as the stateboard of embalming prescribes. Applications for permits to operate crematoriesshall be in writing and shall contain the name of the applicant, the addressand location of the crematory and such further information as the state boardof embalming requires. The state board of embalming shall examine the premisesand structure to be used as a crematory and shall issue the permit only if theapplicant and the structure meet the standards required by the rules andregulations of the state board of embalming and the provisions of this act.

 

33-16-406. License or permit fee; renewal.

 

Eachapplicant for a permit to operate a crematory in the state of Wyoming shall payto the state board of embalming at the time of filing the application a fee tobe established by the state board of embalming pursuant to W.S. 33-1-201. Alllicenses or permits issued under this act shall expire on December 31 of eachyear and may be renewed by payment of the annual license fee to be establishedby the state board of embalming pursuant to W.S. 33-1-201 provided theapplicant is not in violation of this act or the rules and regulations of thestate board of embalming.

 

33-16-407. Records of crematories.

 

Uponthe receipt of a human body for cremation, the crematory shall deliver to thefuneral director or his agent who delivers the body to the crematory, a receipttherefor, showing the date of delivery, name of the funeral director from whomthe body is received and the name of the deceased. Each crematory shallmaintain a record of each cremation of human remains disclosing the name of theperson cremated, the name of the person authorizing the cremation, the date thebody was received, the date the cremation was performed and such otherinformation as the state board of embalming may require. The record of eachcremation shall be signed by the owner or operator of the crematorium and bythe funeral director, mortician, embalmer or other person having charge of thepreparation of the human remains for cremation. The record shall be kept at thecrematory for inspection by the state board of embalming which may also requirecopies thereof to be filed with it containing such information as may benecessary for the use of the board.

 

33-16-408. Revocation and refusal to reissue license.

 

 

(a) The state board of embalming may refuse to grant or renewand may revoke a license provided for in this act to a person otherwisequalified who fails to meet or comply with the provisions of this act or therules and regulations adopted by the state board of embalming pursuant to theprovisions of this act.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-16-409. Violation declared public nuisance; enforcement; penalties.

 

Maintenanceor operation of a building or structure within the state of Wyoming as acrematorium in violation of the provisions of this act or the rules andregulations of the state board of embalming is a public nuisance and may beabated as provided by law. Any person who violates any of the provisions ofthis act is guilty of a misdemeanor and upon conviction thereof shall be finednot exceeding one hundred dollars ($100.00) or imprisoned in the county jailfor a period not exceeding thirty (30) days, or both.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter16

CHAPTER 16 - EMBALMERS, FUNERAL DIRECTORS, UNDERTAKERS ANDCREMATORIES

 

ARTICLE 1 - IN GENERAL

 

33-16-101. Embalmers; application for license; fee; examination;qualifications; registration and display of license; license not transferable;reciprocity; suspensions.

 

(a) Every person now engaged or desiring to engage in thepractice of embalming dead human bodies within the state of Wyoming shall applyupon blanks to be furnished by the board, to the state board of embalming for alicense, accompanying the same with a license fee established by the boardpursuant to W.S 33-1-201. All applicants for a license shall be at leastnineteen (19) years of age.

 

(b) The applicant shall present himself before the board at aduly organized meeting of the board and shall be examined as to his knowledgeof embalming, sanitation, anatomy and all educational subjects pertaining toembalming and the disinfection of bodies of deceased persons and apartmentswherein the same may be found, the clothing, excretia and other things likelyto be infected in case of death from communicable disease, all in accordancewith the rules and regulations of the department of health, the state board ofembalmers and the laws of Wyoming.

 

(c) The examination shall consist of not less than twenty-five(25) questions on the subject of sanitation and disinfection, not less thantwenty-five (25) questions on the subject of anatomy, not less than twenty-five(25) questions on the subject of embalming and funeral management, and not lessthan fifty (50) oral questions. The oral examination may be conducted in thepresence of a cadaver upon which actual demonstration may be asked for by theboard. All examination papers shall be kept on file by the board of embalmers.

 

(d) If the applicant is of good moral character, hassuccessfully completed one (1) year of college at a two (2) or four (4) yearinstitution of higher learning, has had one (1) year of actual practicaltraining and instruction as an apprentice under a regularly licensed embalmerpracticing in Wyoming, has attended a regular twelve (12) month course ofinstruction in a reputable college of embalming approved by the state board ofembalmers, having at least eight hundred fifty (850) hours devoted to thefollowing subjects: anatomy, physiology, chemistry, the principles and methodsof embalming, bacteriology, public health and sanitation, laws and rulesregulating the transportation of dead human bodies, funeral management, etc.,practical experience from having embalmed, under proper supervision, at leasttwenty-five (25) dead human bodies, and has passed a creditable examination inaccord with the rules and regulations of the board, then the board of embalmersshall issue the applicant a license to practice the profession of embalming inWyoming. The state board of embalmers shall select all questions to be used forexamining applicants for licenses.

 

(e) All persons receiving licenses under the provisions of W.S.33-16-101 through 33-16-206 shall register the fact at the health office of thecity and county in the jurisdiction of which it is proposed to carry on suchpractice and shall display the license in a conspicuous place in the office ofthe licensee. Licenses are not assignable and do not grant authority to anyperson other than the holder to practice the profession of embalming.

 

(f) Reciprocity is hereby given to states granting reciprocityto the state of Wyoming.

 

(g) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-16-102. Embalmers; secretary's register to be kept; copies tolicensees and transportation companies.

 

Thesecretary of the state board of embalming shall keep a record in which shall beregistered the names and residence of all persons to whom a certificate oflicense, as herein provided, has been granted, and the number and date of theselicenses; a copy of this record shall be furnished to all those holding alicense and to the various transportation companies of the state of Wyoming.

 

33-16-103. Embalmers; foreign licensees.

 

Wherea licensee from another state makes application to practice embalming in thisstate without the examination provided for in W.S. 33-16-101, he must satisfythe board that he has the qualifications required, and said applicant shall becompelled to pass a practical examination in operative embalming before atleast one (1) member of its board.

 

33-16-104. Embalmers; annual renewal of registration; fee.

 

Aregistered embalmer, who desires to continue the practice of his profession,shall annually thereafter, during the time he continues in practice, on suchdate as the board determines, pay to the secretary of the board a fee for therenewal of registration, the amount of which is to be established by the boardpursuant to W.S. 33-1-201.

 

33-16-105. Embalmers; exemption from jury service.

 

Allembalmers licensed under the provisions of this act, and who are regularlyengaged in the business of embalming, shall be and they are exempted from juryservice.

 

33-16-106. Unlawful practice and transportation; exceptions.

 

Itshall be unlawful for any person not a licensed embalmer, as herein provided,to advertise, practice, or pretend to practice the science of embalming, eitherby arterial or cavity treatment, or to prepare to ship by railroad, express orany common carrier, any dead human body, except according to rules adopted bythis board. It shall be unlawful for any person, railroad, express company orany common carrier, to receive for transportation any dead human body unlesssaid body has been prepared by a regular licensed embalmer, except inaccordance with the rules prescribed by the state board of embalming. Nothingin this act shall apply to or in any manner interfere with the duties of anyofficer of the law, nor shall this act apply to any person engaged simply inthe furnishing of burial receptacles for the dead and burying the dead, but notembalming.

 

33-16-107. Privileges as to use of bodies for dissecting, demonstratingor teaching.

 

Thestate board of embalming and schools for teaching embalming shall have extendedto them the same privileges as to the use of bodies for dissecting,demonstrating or teaching as those granted in this state to medical colleges.

 

33-16-108. When coroner's permission to embalm required; penalty.

 

Itis unlawful to embalm a dead human body when any fact within the knowledge orbrought to the attention of the embalmer is sufficient to arouse suspicion ofcrime in connection with the cause of death of the deceased, until permissionof the coroner is obtained. Any person knowingly violating this section isguilty of a misdemeanor punishable by imprisonment for not more than one (1)year, a fine of not more than one thousand dollars ($1,000.00), or both.

 

33-16-109. Shipping pasters.

 

Alllicensed embalmers shall use shipping pasters, to be furnished by the stateboard of embalming and approved by the state board of health. No railroad,express company or common carrier shall accept for transportation any deadhuman body, unless such body is accompanied by said shipping paster properlyfilled out and signed.

 

33-16-110. Prohibited acts; penalty for violations.

 

Anyperson who shall advertise, practice or hold himself or herself as practicingthe science of embalming without having complied with the provisions of thisact shall be guilty of a misdemeanor and upon conviction thereof before anycourt, shall be sentenced to pay a fine of not less than fifty dollars ($50.00)nor more than one hundred dollars ($100.00) for each and every offense; and anyperson, railroad, express company or common carrier, who shall violate theprovisions of this act shall be guilty of a misdemeanor, and shall pay a fineof not less than one hundred dollars ($100.00) nor more than five hundreddollars ($500.00) for each and every offense.

 

33-16-111. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 2 - STATE BOARD OF EMBALMING

 

33-16-201. Created; designation; composition; appointment;qualifications of members; officers; removal.

 

(a) There is created a board to be known as the Wyoming stateboard of embalming. The board shall consist of five (5) persons to be appointedby the governor. The governor may remove from office any member of the board asprovided in W.S. 9-1-202. The director of the department of health or hisdesignee shall be a member of the board of embalming, and the other membersshall be licensed embalmers and shall serve for a term of three (3) years. Theboard shall elect one (1) of its members as president and one (1) of itsmembers to act as secretary and treasurer who shall be executive officer of theboard in matters relating to the duties of the board when the board is not insession. The members of the state board of embalming shall be residents of thestate of Wyoming, and except for the director of the department of health orhis designee, shall each have had at least three (3) years experience in thepractice of embalming and disposition of the dead human body and who shall eachhave had for two (2) years previous to their appointment an unexpired embalminglicense.

 

(b) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

33-16-202. Certificate of appointment; oath.

 

Thegovernor shall furnish each person appointed to serve on the board of embalminga certificate of appointment. The appointee shall qualify by taking the usualoath of office before any person authorized to administer oaths, of the countyin which said person may reside, within ten (10) days after said appointmenthas been made, and this fact shall be noted on the certificate of appointment,and shall be filed with the state board of health.

 

33-16-203. Meetings; quorum.

 

Thestate board of embalming shall meet at least once each year and may meet asoften and at such place as the proper and efficient discharge of its duties mayrequire. Three (3) members shall constitute a quorum, provided one (1) of thembe the president of the board.

 

33-16-204. Compensation of secretary; per diem for members.

 

Themembers of this board shall receive no salary, except the secretary who shallreceive such sum as set by the board, but each member of the board shall beallowed five dollars ($5.00) per day and shall receive travel expenses, perdiem and mileage expenses in the same manner and amount as employees of thestate, but per diem shall not be allowed for more than six (6) days at any one(1) examination.

 

33-16-205. Embalming account.

 

Allprinting, postage and other contingent expenses necessarily incurred under theprovisions of this act, together with all salaries, expenses and per diem tomembers of the board shall be paid from the board's account. No warrant shallbe drawn upon the account except upon written order of the president of theboard and attested by the secretary thereof, the same having been previouslyauthorized by the board.

 

33-16-206. Rules and regulations; penalty for violation.

 

Thestate board of embalming shall, from time to time, adopt rules and regulations,not inconsistent with the laws of the state of Wyoming or of the United States,whereby the performance of the duties of this board and the practice ofembalming dead human bodies and transportation of the same shall be regulated.All companies or individuals operating or controlling railroads, expresscompanies, electric railways, coaches, public and private conveyances, and alllicensed embalmers in the state of Wyoming shall obey the rules and regulationswhen made; and any licensed embalmer, or any person or owner having in chargeany railroad train, passenger coach, electric railway, public or privateconveyance, who shall refuse or neglect to obey such rules and regulations whenmade, shall be guilty of a misdemeanor and for each offense shall be punishedby a fine of not less than fifty dollars ($50.00) nor more than two hundreddollars ($200.00).

 

33-16-207. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 3 - FUNERAL DIRECTORS AND UNDERTAKERS

 

33-16-301. Definitions; board to adopt rules.

 

(a) The terms "funeral director" and"undertaker" as used in this act, mean a person, partnership,corporation, association or other organization engaged in or conducting thebusiness of or holding himself or itself out as engaged in:

 

(i) Preparing or contracting to prepare by embalming or in anyother manner dead human bodies for burial or disposal, or directing andsupervising burial or disposal of dead human bodies;

 

(ii) Providing for or maintaining a funeral establishment or aplace for the preparation, disposition and care of dead human bodies;

 

(iii) Who directs or supervises, or contracts to direct orsupervise funerals; or

 

(iv) Who shall in connection with his or its name or funeralestablishment or business use the words "funeral director" or"undertaker" or "mortician" or any other title implyingthat he or it is engaged in the business of "funeral directing" or"undertaking" as herein defined.

 

(b) A "funeral establishment", as the term is usedherein, shall be understood to mean a place of business conducted at a specificstreet address or location devoted to the care and preparation for burial ortransportation of human dead bodies and consisting of a preparation roomequipped with a sanitary floor, necessary drainage and ventilation, andcontaining necessary instruments and supplies for the preparation and embalmingof human dead bodies for burial or transportation, and a display roomcontaining a stock of funeral caskets and shipping cases.

 

(c) The Wyoming state board of embalming may adopt such rulesas may be reasonable and proper for the purpose of carrying into effect theprovisions of this act.

 

33-16-302. Fixed establishment and license required; only 1 business tobe operated in establishment.

 

Thebusiness of a funeral director shall be conducted in a specific place. Noperson shall engage in the business of a funeral director, unless firstlicensed so to do by the Wyoming state board of embalming. Not more than one(1) person engaged in business as a funeral director shall transact business inone (1) specific funeral establishment. Any person licensed to bury dead humanbodies in any other state, or accredited by another state association asrecognized by the Conference of Funeral Service Examining Boards of the UnitedStates, Inc., may bury and conduct services in Wyoming for any person who diedoutside the state of Wyoming after obtaining an annual nonresident license fromthe Wyoming state board of embalming. The board shall promulgate rules underwhich nonresident licensees shall operate which shall be designed to protectthe public and at a minimum shall require compliance with W.S.33-16-310(a)(ii)(J), (M), (O) and (Q) and 33-16-315. A nonresident licenseewho violates any applicable rules promulgated by the board is guilty of amisdemeanor for each violation, punishable as provided in W.S. 33-16-317 fornoncompliance with W.S. 33-16-301 through 33-16-317.

 

33-16-303. Application, form, qualifications for license; examination;fees; license required for each location; change of location; death ofdirector.

 

 

(a) An application for a funeral director's license shall be inwriting and verified on a form provided by the Wyoming state board ofembalming. The applicant, unless an association, corporation or partnership,must be an adult and of good character. The applicant, when an association,corporation or partnership, must have as an active officer or manager, an adultperson who is of good character.

 

(b) Each individual, and when an association, corporation orother organization, the officer or employee who is to manage, direct or controla proposed funeral establishment, shall, before the application is granted,successfully pass an examination before the Wyoming state board of embalming,upon the following subjects:

 

(i) The signs of death;

 

(ii) The manner by which death may be determined;

 

(iii) The laws governing the preparation, burial and disposal ofdead human bodies, and the shipment of bodies dying from infectious orcontagious diseases;

 

(iv) Local health and sanitary ordinances and regulationsrelating to funeral directing and embalming; and

 

(v) Shall furnish proof satisfactory to the board that theapplicant is of good character and that the establishment in which he intendsto conduct business as a funeral director is or will be constructed, equippedand maintained in all respects as a funeral establishment as defined in W.S.33-16-301.

 

(c) The application shall be accompanied by a fee asestablished by the board pursuant to W.S. 33-1-201. If the applicant proposesto engage in or conduct more than one (1) funeral establishment, the applicantmust make a separate application and procure a separate license for eachseparate location.

 

(d) Any funeral director desiring to change his place ofbusiness must make application therefor on forms furnished by the Wyoming stateboard of embalming at least thirty (30) days prior to the time that the changein location is to take effect. The application for the change must beaccompanied by a fee as established by the board pursuant to W.S. 33-1-201. Thechange shall be granted by the Wyoming state board of embalming upon theirfavorable finding as to the proposed new location and that it conforms to theprovisions of W.S. 33-16-301.

 

(e) In case of the death of a licensed funeral director wholeaves an established business, as defined in W.S. 33-16-301 through 33-16-317,as part or all of his estate, the Wyoming state board of embalming may issue tothe legal representative of the deceased funeral director, if such legal representativeis of good character, a special temporary license as a funeral director for theduration of the administration of such estate, but in no case to exceed two (2)years. The fees for issuance and renewal of such temporary license and the timefor payment are the same as those required for regular licenses.

 

33-16-304. Investigation of applicants for license; granting orrefusing license.

 

Uponreceipt of an application for a license hereunder said Wyoming state board ofembalming shall cause an investigation to be made as to the character of theapplicant, including its officers or members, if the application is by or inbehalf of an association, corporation or partnership, and may require suchshowing as will reasonably prove the good character of the applicant; maysubpoena witnesses, administer oaths upon proper notice and after properhearing, shall grant a license if the board finds that the applicant is of goodcharacter, and that the proposed funeral establishment is, or will be,constructed and equipped as required by W.S. 33-16-301. Every application mustbe granted or refused within ninety (90) days from the date of the filing ofsuch application in case a hearing is held.

 

33-16-305. Continuance; renewal of existing licenses.

 

Everyfuneral director already holding a license which has been duly issued under thelaws of this state and who is, on the effective date of this act, engaged in orconducting the business of a funeral director at a fixed place or establishmentin this state, as designated in the license already held by him or it, shall beentitled to continue in business for the remainder of the year of 1939, andshall be entitled to have his or its license renewed annually upon payment ofrenewal fees as required under W.S. 33-16-306.

 

33-16-306. Annual renewal of license; notice; delinquent fees;penalties.

 

Everylicensed funeral director shall pay annually, a fee for the renewal of his orits license. The amount of the renewal fee, payable by a licensed funeraldirector shall be established by the board pursuant to W.S. 33-1-201. TheWyoming state board of embalming shall mail on or before the first day ofJanuary of each year to each licensed funeral director, addressed to him at hislast known address, a notice that his or its renewal fee is due and payable andthat if the fee is not paid by the first day of February, a penalty as set bythe board pursuant to W.S. 33-1-201 will be added to the renewal fee. In nocase shall the penalty or additional fee, upon account of such delinquency, bewaived. Upon receipt of the fees the board shall cause the renewal certificateto be issued.

 

33-16-307. Reinstatement of license; fees, penalties.

 

Whena licensed funeral director has for any reason allowed his license to lapse,the Wyoming state board of embalming is hereby given power of reinstatement, ifapplication therefor is made within a period of three (3) years from the lapseand is accompanied by all fees, including penalties, from the time of the lapseto date of reinstatement.

 

33-16-308. License to be signed and displayed; business to be in nameof licensee.

 

Everylicense issued hereunder shall specify the name of the licensee, shall besigned by the licensee and shall be displayed conspicuously in the place ofbusiness or employment of the licensee. No funeral establishment shall beconducted or held forth as being conducted, or advertised as being conducted,under any name except the name appearing as licensee in the license issued bythe Wyoming state board of embalming.

 

33-16-309. Assignment of license; renewal of assigned license; fee.

 

Afuneral director's license may be assigned after a showing to the Wyoming stateboard of embalming that the proposed assignee possesses all the qualificationsfor a license as a funeral director. The assignee may renew a license. A fee asestablished by the board pursuant to W.S. 33-1-201, must accompany eachapplication for assignment.

 

33-16-310. Rules and regulations; inspection; employment of inspector;notice and hearing for suspension or revocation of license generally;prohibited conduct; leasing of caskets.

 

(a) The Wyoming state board of embalming shall have powers toadopt and enforce reasonable rules and regulations relating to the business offuneral directing, to the sanitary condition of places where such business orpractice is conducted, with particular regard to plumbing, sewage, ventilationand equipment, and generally to carry out the various provisions of this act inthe protection of the peace, health, safety, welfare and morals of the public.Said board shall have the power to inspect the premises in which the businessof funeral directing is conducted or where embalming is practiced, and for thatpurpose may employ a licensed embalmer of the state of Wyoming as an inspectorand to aid in the enforcement of this act and rules adopted pursuant thereto,whose compensation and expenses shall be payable only out of the fees collectedby the board. The board shall suspend or revoke licenses after hearing by saidboard and after ten (10) days notice to the licensee, upon such licensee beingfound guilty by said board of any of the following acts or omissions:

 

(i) Conviction of a crime involving moral turpitude;

 

(ii) Unprofessional conduct which is hereby defined to include:

 

(A) Misrepresentation or fraud in the conduct of the businessor the profession of a funeral director;

 

(B) False or misleading advertising as a funeral director;

 

(C) Solicitation of human dead bodies by the licensee, hisagents, assistants or employees, whether such solicitation occurs after deathor while death is impending; provided, this shall not be deemed to prohibitgeneral advertising;

 

(D) Employment by the licensee of persons known as"cappers" or "steerers" or "solicitors", or otherpersons to obtain funeral directing or embalming business;

 

(E) Employment directly or indirectly of any apprentice agent,assistant, embalmer, employee, or other persons, on part or full time, or oncommission, for the purpose of calling upon individuals or institutions bywhose influence dead human bodies may be turned over to a particular funeraldirector or embalmer;

 

(F) The buying of business by the licensee, his agents,assistants, or employees, or the direct or indirect payment or offer of paymentof a commission by the licensee, his agents, assistants, or employees, for thepurpose of securing business;

 

(G) Gross immorality;

 

(H) Aiding or abetting an unlicensed person to practice funeraldirecting or embalming;

 

(J) Using profane, indecent or obscene language in the presenceof a dead human body, or within the immediate hearing of the family orrelatives of a deceased, whose body has not yet been interred or otherwisedisposed of;

 

(K) Solicitation or acceptance by a licensee of any commissionor bonus or rebate in consideration of recommending or causing a dead humanbody to be disposed of in any crematory, mausoleum or cemetery;

 

(M) Using any casket or part of a casket which has previouslybeen used as a receptacle for, or in connection with, the burial or otherdisposition of a dead human body in violation of board rules adopted pursuantto subsection (b) of this section;

 

(N) Violation of any of the provisions of this act;

 

(O) Violation of any state law or municipal or county ordinanceor regulation affecting the handling, custody, care or transportation of deadhuman bodies;

 

(P) Fraud or misrepresentation in obtaining a license;

 

(Q) Refusing to promptly surrender the custody of a dead humanbody, upon the express order of the person lawfully entitled to the custodythereof;

 

(R) Taking undue advantage of his patrons or being guilty offraud or misrepresentation in the sale of merchandise to his patrons.

 

(b) Notwithstanding any other provision of law the lease of acasket for funeral and other services of a person to be cremated is herebyauthorized. The board shall adopt rules regulating the lease of caskets toensure sanitary use.

 

(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. Notwithstanding subsection (a)of this section, no appeal under the Wyoming Administrative Procedure Act shallbe allowed for a license withheld, suspended or restricted under thissubsection.

 

33-16-311. Petition for revocation or suspension of license; notice forhearing; order of suspension or revocation.

 

A petition for the revocation or suspensionof a license may be filed by the attorney general or by the county attorney ofthe county in which the licensee resides or has practiced, or by any citizenresiding in this state. Said petition shall be filed with the Wyoming stateboard of embalming and shall be entitled, "In the Matter of the Revocation(or Suspension) of the License of (name of licensee) to Practice FuneralDirecting", and shall state the charges against the licensee withreasonable definiteness. Upon the presentation of the petition to said board,the board shall make an order fixing a time and place of hearing thereon whichshall not be less than ten (10) days nor more than thirty (30) days thereafter.Notice of filing of such petition and the time and place of hearing shall beserved upon the licensee at least ten (10) days before said hearing. Saidnotice may be served by any sheriff or by any person especially appointed bythe board. Order of revocation or suspension of licenses shall be entered ofrecord and the name of said licensee stricken from the roster of licentiatesand the licensee may not engage in the practice of funeral directing afterrevocation of license or during the time for which it is suspended.

 

33-16-312. Petition for revocation or suspension of license; appeal todistrict court.

 

Bothparties shall have the right of appeal to the district court of the county inwhich the licensee resides at any time within thirty (30) days after entry ofthe order of the board. The service of a notice in writing, of the intention oftaking such an appeal, within ten (10) days after the entry of the order shallbe sufficient notice to the adverse party of such appeal. A transcript of allpleadings upon which the cause was submitted to the board, duly certified,shall be filed in the office of the clerk of the district court and such filingshall complete the appeal. The trial of the district court upon such appealshall be de novo. In the event the licensee appeals, the decision of the boardshall not be stayed by the proceedings on appeal and such appeal shall notoperate to restore the right of the licensee to practice pending such appeal,unless bond, with sufficient surety, to be approved by said clerk of thedistrict court, shall be posted with said clerk of the district court, in suchsums as the judge or court commissioner may require, conditioned that suchappeal shall be prosecuted without unnecessary delay and in case the decisionappealed from be confirmed the licensee shall pay all costs.

 

33-16-313. Disposition of fees.

 

Allmonies shall be received and collected as provided by law. The state treasurershall put the money into a separate account in the treasury of the state ofWyoming.

 

33-16-314. Duty to ascertain cause of death; embalmer to prepare bodyfor transportation or removal if death due to communicable, contagious orinfectious disease.

 

Itshall be the duty of every funeral director and undertaker, when called to takecharge of a dead body, to first ascertain the cause of death; and if death hasoccurred from any communicable, contagious or infectious disease, said funeraldirector or undertaker shall not remove or transport said body until after saidbody has been prepared for transportation or removal by a licensed embalmer ofthis state.

 

33-16-315. Funeral where death caused by communicable, contagious orinfectious disease.

 

Nofuneral director or undertaker shall conduct a public funeral either at hisplace of business or at a private dwelling house or elsewhere in cases wherethe deceased died of any communicable, contagious or infectious disease, exceptin strict compliance with the rules and regulations to be promulgated, fromtime to time, by the board.

 

33-16-316. Persons barred from embalming room; exceptions.

 

Itshall be the duty of every funeral director, undertaker and embalmer, not topermit any person or persons to enter any room in any funeral home or mortuarywhere dead bodies are being embalmed, except licensed embalmers and theirassistants, funeral directors and undertakers, public officers in the dischargeof their official duties, and attending physicians and their assistants, unlessby direct permission of the immediate family.

 

33-16-317. Prohibited acts; penalty for violations; continuingoffenses.

 

Anyperson, firm or corporation who shall engage, directly or indirectly, in thebusiness of funeral directing or undertaking or hold himself or itself out as afuneral director or undertaker or attempt to take care of the disposition ofdead human bodies without having complied with the provisions of this chapterand without being licensed so to do, as herein provided, or who shall continuein the business of a funeral director or undertaker, after his or its licensehas been revoked, shall be guilty of a misdemeanor, and upon convictionthereof, shall be fined not less than fifty dollars ($50.00) and not more thanfive hundred dollars ($500.00); and each day that he or it is so engaged insuch business shall be deemed a separate offense and every funeral director orundertaker or any person acting for him, who pays or causes to be paid,directly or indirectly, any money or other thing of value as a commission orgratuity for the securing of business as such funeral director or undertakerand every person who accepts or offers to accept any money or other thing ofvalue as a commission or gratuity from a funeral director or undertaker inorder to secure business for him shall be deemed guilty of a misdemeanor, and,upon conviction thereof, shall be fined not more than five hundred dollars($500.00), or shall be imprisoned in the county jail for not less than thirty(30) days or punished by both such fine and imprisonment.

 

33-16-318. Exceptions.

 

Tothe extent the provisions of this article conflict with the authority grantedby W.S. 35-1-241, the provisions in this article may be superseded by theprovisions of W.S. 35-1-241.

 

ARTICLE 4 - CREMATORIES

 

33-16-401. Definitions of terms.

 

 

(a) As used in this act:

 

(i) "Cremated remains" means human remains aftercremation in a crematory;

 

(ii) "Cremation" means the reduction of the body of adeceased person to cremated remains in a crematory;

 

(iii) "Crematory" means a building or structurecontaining one (1) or more retorts for the reduction of bodies of deceasedpersons to cremated remains;

 

(iv) "Human remains" means the body of a deceasedperson and includes the body in any stage of decomposition and crematedremains.

 

33-16-402. Cremation of human remains.

 

Thefuneral director, mortician, embalmer or other person having charge of thepreparation of human remains for burial or the last rites and committalservices thereof shall have the right to be present either in person or by hisemployees, at any stage of the cremation of such human remains. No crematoriumshall accept human remains for cremation until it has received a burial-transitpermit required by law.

 

33-16-403. Inspection of crematories; rules and regulations.

 

Thestate board of embalming shall establish, promulgate and amend reasonable rulesand regulations governing the cremation of human remains. The rules shallprovide minimum standards of sanitation, required equipment and fire protectionwhich the state board of embalming deems necessary for the protection of thepublic. The state board of embalming shall inspect all crematoriums at leastonce each year.

 

33-16-404. Removal of human remains.

 

Humanremains delivered to a crematorium shall not be removed from the casket orother container without the written authorization of the person giving theconsent to or requesting the cremation of the human remains. The use of acasket or other container is not a necessary requirement of cremation.

 

33-16-405. Permits to operate crematories.

 

Anyperson, firm, association or corporation, desiring to operate a crematory inthe state of Wyoming shall apply for and receive from the state board ofembalming a permit or license to be issued by and in such form as the stateboard of embalming prescribes. Applications for permits to operate crematoriesshall be in writing and shall contain the name of the applicant, the addressand location of the crematory and such further information as the state boardof embalming requires. The state board of embalming shall examine the premisesand structure to be used as a crematory and shall issue the permit only if theapplicant and the structure meet the standards required by the rules andregulations of the state board of embalming and the provisions of this act.

 

33-16-406. License or permit fee; renewal.

 

Eachapplicant for a permit to operate a crematory in the state of Wyoming shall payto the state board of embalming at the time of filing the application a fee tobe established by the state board of embalming pursuant to W.S. 33-1-201. Alllicenses or permits issued under this act shall expire on December 31 of eachyear and may be renewed by payment of the annual license fee to be establishedby the state board of embalming pursuant to W.S. 33-1-201 provided theapplicant is not in violation of this act or the rules and regulations of thestate board of embalming.

 

33-16-407. Records of crematories.

 

Uponthe receipt of a human body for cremation, the crematory shall deliver to thefuneral director or his agent who delivers the body to the crematory, a receipttherefor, showing the date of delivery, name of the funeral director from whomthe body is received and the name of the deceased. Each crematory shallmaintain a record of each cremation of human remains disclosing the name of theperson cremated, the name of the person authorizing the cremation, the date thebody was received, the date the cremation was performed and such otherinformation as the state board of embalming may require. The record of eachcremation shall be signed by the owner or operator of the crematorium and bythe funeral director, mortician, embalmer or other person having charge of thepreparation of the human remains for cremation. The record shall be kept at thecrematory for inspection by the state board of embalming which may also requirecopies thereof to be filed with it containing such information as may benecessary for the use of the board.

 

33-16-408. Revocation and refusal to reissue license.

 

 

(a) The state board of embalming may refuse to grant or renewand may revoke a license provided for in this act to a person otherwisequalified who fails to meet or comply with the provisions of this act or therules and regulations adopted by the state board of embalming pursuant to theprovisions of this act.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-16-409. Violation declared public nuisance; enforcement; penalties.

 

Maintenanceor operation of a building or structure within the state of Wyoming as acrematorium in violation of the provisions of this act or the rules andregulations of the state board of embalming is a public nuisance and may beabated as provided by law. Any person who violates any of the provisions ofthis act is guilty of a misdemeanor and upon conviction thereof shall be finednot exceeding one hundred dollars ($100.00) or imprisoned in the county jailfor a period not exceeding thirty (30) days, or both.

 

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