2005 Idaho Code - 54-1111 — REQUIREMENTS FOR ESTABLISHMENT LICENSE -- CANCELLATION -- RECORDS -- OPERATION BY LEGAL REPRESENTATIVE OF ESTATE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 11
                        MORTICIANS, FUNERAL DIRECTORS
                                AND EMBALMERS
    54-1111.  REQUIREMENTS FOR ESTABLISHMENT LICENSE -- CANCELLATION --
RECORDS -- OPERATION BY LEGAL REPRESENTATIVE OF ESTATE. (1) The board shall
issue a funeral establishment license or crematory establishment license to
any person, partnership, association, corporation or other organization to
operate at specific locations only, which has met the following requirements:
    (a)  That the applicant, if an individual, is a licensed mortician or
    funeral director under this chapter and is a resident of the state of
    Idaho.
    (b)  That the applicant has not been refused a license as a mortician or
    funeral director, or its equivalent, or for an establishment, or its
    equivalent; or had a personal or establishment license revoked in Idaho or
    in any other state.
    (c)  That the applicant has designated the name under which the
    establishment will operate and has designated a location for which the
    establishment license is to be issued.
    (d)  That the applicant has at least one (1) mortician licensed under this
    chapter who is a resident of the state of Idaho and who is, and will be,
    in the employ or service of the establishment.
    (e)  That the applicant has filed an application and paid the required
    filing fee. Provided further, that the board shall make the determination
    of qualifications of all applicants within a reasonable time after the
    filing of an application with the board. No establishment license shall be
    transferable, but an applicant may make application for more than one (1)
    establishment license so long as all of the requirements are met for each
    license.
    (f)  That the applicant for a crematory establishment license holds a
    current funeral establishment license in the state of Idaho.
    (2)  All applications for establishment licenses shall be in writing and
shall contain the name of the applicant, the address and location of the
establishment and a description of the type of structure and equipment to be
used in the operation of the establishment, and such further information as
may be required by the board to ensure the safe and sanitary operation of the
establishment.
    (3)  The mortician responsible for the operation of an establishment shall
maintain such records affecting the handling, custody, care, processing or
transportation of human remains as may be required by the laws and rules of
the state of Idaho and the board for all human remains received, prepared,
cremated or otherwise disposed of by the establishment.
    (4)  In the event a licensed establishment ceases to have a resident
full-time licensed mortician in its employ at its place of business, its
license shall be canceled immediately by the board upon finding such fact;
provided, however, in the event of the death of a licensed mortician who
leaves an establishment as part of the assets of his estate, the legal
representative of the estate of the deceased mortician shall be entitled to
operate the establishment under the license, or renewals thereof, for a period
not to exceed two (2) years from date of death of the mortician without
meeting the qualifications of an applicant and without having a full-time
licensed mortician in his employ; provided further, however, this provision
shall not permit an unlicensed person to perform mortician services.