AS Title 8, Chapter 42: Morticians

Chapter 42. Morticians. Sec. 08.42.010. Authority of department. The department has jurisdiction over the practice of mortuary science under this chapter. The department may adopt and enforce regulations and set fees relating to the practice of mortuary science. Sec. 08.42.020. License required for the practice of mortuary science. (a) A person may not engage in the practice of mortuary science or hold out as being engaged in the practice unless licensed as an embalmer or funeral director by the department. A person holding a license as a funeral director may not embalm or restore a dead human body, take charge of the remains of a person dead of a communicable disease, or prepare for transportation by common carrier a human body dead of a communicable disease. (b) [Repealed, § 62 ch 21 SLA 1991.] (c) In the event the dead body is to be disposed of in a manner not requiring embalming, the department may issue a permit to an unlicensed person for the care and disposition of dead human bodies for compensation. This permit otherwise in no way licenses the holder to practice mortuary science. Sec. 08.42.030. Examination of applicants for license to practice mortuary science. The department is granted authority to examine all applicants for a license to practice mortuary science and to determine whether an applicant possesses the necessary qualifications. The department shall hold an examination at least once each year at the place and time the department may determine. Sec. 08.42.040. Application for license to practice mortuary science. The applicant for an examination for a license to practice as an embalmer or as a funeral director shall make application to the department in writing on a form provided by the department. Sec. 08.42.050. Qualifications for license to practice mortuary science. (a) In order to qualify for a license to practice embalming, the applicant shall (1) be at least 18 years of age; (2) have graduated from an accredited school or college of mortuary science; (3) have taken and passed the examination for a license to practice embalming conducted by the department; (4) have completed at least one year of apprenticeship as a trainee under a licensed embalmer. (b) In order to qualify for a license to practice funeral directing, the applicant shall (1) be at least 18 years of age; (2) have satisfactorily completed at least one year, 30 semester credit hours, at an accredited college or university; (3) have taken and passed the examination for a license to practice funeral directing conducted by the department; (4) have completed at least one year of apprenticeship as a trainee under a person licensed to practice funeral directing in this state. Sec. 08.42.060. Scope and conduct of examination for a license to practice mortuary science. (a) The department shall examine applicants for an embalmer's license; the examination may include any or all of the following subjects: (1) theory and practice of embalming, (2) anatomy, (3) pathology, (4) bacteriology, (5) hygiene, including sanitation and public health, (6) chemistry, including toxicology, (7) restorative arts, including plastic surgery and demi-surgery, (8) funeral service arts and sciences and funeral service administration, including accounting, funeral law, psychology, funeral principles, directing, and management, (9) Alaska vital statistics law, and (10) the provisions of this chapter and the regulations adopted by the department under this chapter. The department shall examine applicants for a funeral director's license; the examination may include any or all of the subjects included in (8), (9), and (10) of this subsection. The department may use the examination provided by the International Conference of Funeral Service Examining Boards where it is applicable to the subjects in this section. (b) A passing grade in the examination is an average grade of at least 75 percent with no individual subject grade of less than 70 percent. (c) If an applicant receives an average grade of at least 75 percent, but receives a grade of less than 70 percent in three or fewer individual subjects, the applicant may be reexamined only in those subjects. The applicant is entitled to reexamination on individual subjects only once. A grade of at least 70 percent in each of the subjects in which the applicant is reexamined is sufficient to constitute a passing grade. (d) Except as provided in (c) of this section, an applicant shall be reexamined in all subjects if the applicant reapplies for examination. Sec. 08.42.070. Reciprocity. (a) The department may recognize the license issued to an embalmer or funeral director from another state if the applicant (1) furnishes proof satisfactory to the department that the applicant (A) has complied, in the state in which the applicant is licensed, with requirements substantially equal to the requirements of this chapter; or (B) meets the applicable requirements for the license for which the applicant is applying except for the apprenticeship and examination provisions and that the applicant is licensed in another state and has practiced mortuary science for at least one year in a state where the applicant is licensed; and (2) takes and passes the examination provided for in (b) of this section. (b) The department shall examine each applicant under this section on the following subjects: Alaska vital statistics law, the provisions of this chapter, and the regulations adopted by the department under this chapter. Sec. 08.42.080. License. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.100 .] Sec. 08.42.085. Qualifications for trainees. (a) A person may apprentice as an embalmer trainee if the person (1) is at least 18 years of age; (2) applies on a form provided by the department; and (3) furnishes evidence satisfactory to the department that an embalmer licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100 . (b) A person may apprentice as a funeral director trainee if the person (1) is at least 18 years of age; (2) applies on a form provided by the department; and (3) furnishes evidence satisfactory to the department that a funeral director licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100 . (c) The department shall issue a permit valid for one year to an applicant who meets the requirements of this section. The department shall renew a permit for one year if the trainee applies for renewal on a form provided by the department and shows that the training activity continues to satisfy the requirements of this section. The department shall charge a fee for processing applications and renewals under this section that will be sufficient to cover administrative costs. (d) A person may apprentice as a funeral director trainee or as an embalmer trainee for no more than two years. Sec. 08.42.090. Grounds for refusal to issue or renew licenses and suspension or revocation of licenses. When the department has reason to believe that an applicant or licensee has been guilty of any of the following acts or omissions, it may conduct an investigation, and the department may, after proper hearing and notice in accordance with AS 44.62 (Administrative Procedure Act), refuse to issue, refuse to renew, or may suspend or revoke, a license upon a finding by the department of any of the following acts or omissions: (1) fraud or misrepresentation in obtaining a license; (2) misrepresentation or fraud in the practice of mortuary science; (3) false or misleading advertising; (4) aiding or abetting an unlicensed person to practice mortuary science; (5) using a casket or part of a casket which has previously been used as a receptacle for the burial or other final disposition of another dead human body; (6) refusing to promptly surrender the custody of a dead human body upon the order of the person lawfully entitled to custody; (7) solicitation of a dead human body by the licensee, the licensee's agents, servants or employees, if solicitation occurs after death, or while death is impending but this does not prohibit advertising or sales made on a pre-need basis; (8) employment by the licensee of any person for the purpose of calling upon individuals or institutions to influence them to turn over a dead human body to a particular licensee immediately before an impending death or after death; (9) the direct or indirect payment or offer of payment for the purpose of obtaining a dead body by the licensee, the licensee's agents, servants or employees immediately before an impending death or after death; (10) immediately before impending death or after death, solicitation or acceptance by a licensee of any payment for recommending or causing a dead human body to be disposed of in a specific crematory, mausoleum or cemetery; however, this section does not prevent the recommendation or solicitation for sales of space and merchandise in a specific crematory, mausoleum or cemetery, if the licensee has an ownership interest in the specific crematory, mausoleum or cemetery and the ownership interest is disclosed at the time of the solicitation, recommendation or sale; (11) violation of a state law or regulation or municipal ordinance or regulation or federal law or regulation affecting the disposition of a dead human body, or contracts relating to the disposition of a dead human body; (12) violation of any of the provisions of this chapter; (13) conviction of a felony involving moral turpitude. Sec. 08.42.100. Funeral establishment permit. A person may not conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the department and is conspicuously displayed in the funeral establishment. Each permit is valid only for one specific location, and each firm operating from the same funeral establishment shall obtain a separate permit. The department shall issue a permit to operate a funeral establishment upon application for the permit on a form provided by the department. All permits expire at the time established under AS 08.01.100 and may be renewed for successive terms. Violation of a provision of AS 08.42.090 by a person operating a funeral establishment or, with that person's knowledge or consent, by an employee is considered sufficient cause for suspension or revocation of the funeral establishment permit. Sec. 08.42.110. [Renumbered as AS 08.42.200 .] Sec. 08.42.120. Violations; penalties. A person who violates or aids a person in a violation of this chapter is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year or by a fine of not more than $5,000. Sec. 08.42.130. Enforcement by attorney general. The attorney general may bring an action in the superior court to enjoin a person from violating the provisions of this chapter. Sec. 08.42.200. Definitions. In this chapter, (1) “department” means the Department of Commerce, Community, and Economic Development; (2) “funeral establishment” means every place devoted to or used in the care and preparation for disposition of dead human bodies, or as the office or place for carrying on the profession of mortuary science, or for any combination of these; (3) “mortuary science” means embalming of dead human bodies, taking charge of the remains of those dead of a communicable disease, or preparing dead human bodies for shipment, directing or supervising funerals; (4) “trainee” means a person who has met the qualifications set out in AS 08.42.085 (a) and is engaged in learning the practice of embalming under the direction and control of a person properly licensed to practice embalming, or a person who has met the qualifications set out in AS 08.42.085 (b) and is engaged in learning the practice of funeral directing under the direction and control of a person properly licensed to practice funeral directing.