32-1365. Violations; classification
A. It is unlawful:
1. For an embalmer or embalmer's assistant who knows or should know of a fact that is sufficient to raise suspicion of a crime related to the cause of death or a crime against a dead human body to embalm a dead human body without the permission of the county medical examiner or any other proper official in whose jurisdiction the embalming is to be performed.
2. To disinter a dead human body for removal to any location other than the original cemetery of burial except under the direction of a licensed funeral director.
3. To use, for burial purposes, a casket previously used as a receptacle for the burial or other disposition of a dead human body.
4. To sell a casket that has been used for rental purposes unless fully disclosed in writing to the purchaser and at least the pillow and the mattress have been replaced.
5. For a funeral director or embalmer, or an agent of a funeral director or embalmer, after a death or while a death is impending, to knowingly pay, offer to pay or cause to be paid, directly or indirectly, a sum of money or any other valuable consideration for securing business relating to the death. This paragraph does not prohibit the payment of commissions to salespersons and funeral directors who are employed by a funeral establishment.
6. To knowingly pay, offer to pay or cause to be paid any commission, bonus, rebate or other consideration to a funeral director or embalmer, or to an agent or employee of a funeral director or embalmer, as an inducement to cause a dead human body to be unlawfully disposed of in a crematory or cemetery or to recommend the unlawful disposition of a dead human body in a crematory or cemetery.
7. For any funeral establishment or funeral director to advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another licensed funeral director or establishment as to cause confusion or misunderstanding.
B. Unless another penalty is specifically provided, a person who intentionally and knowingly violates any provision of this chapter is guilty of a class 2 misdemeanor.
Section: Previous 32-1337 32-1338 32-1339 32-1361 32-1362 32-1363 32-1364 32-1365 32-1365.01 32-1365.02 32-1366 32-1367 32-1368 32-1369 32-1371 NextLast modified: October 13, 2016