2005 Idaho Code - 54-1116 — DENIAL, SUSPENSION, OR REVOCATION OF LICENSES -- GROUNDS -- PROBATION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 11
                        MORTICIANS, FUNERAL DIRECTORS
                                AND EMBALMERS
    54-1116.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSES -- GROUNDS --
PROBATION. The board may refuse to issue or may refuse to renew or may suspend
or may revoke any license, or may place the holder thereof on a term of
probation, after proper hearing, upon finding that the holder of such license
committed any of the following acts or omissions:
    (1)  Conviction of a crime involving moral turpitude.
    (2)  Conviction of a felony.
    (3)  Unprofessional conduct, which is hereby defined to include:
    (a)  Misrepresentation or fraud in the conduct of mortician or funeral
    director services;
    (b)  False or misleading advertising as the holder of a license for the
    practice of mortician or funeral director services; advertising or using
    the name of a person who is not an employee of the establishment in
    connection with that of any establishment;
    (c)  Solicitation of dead human bodies by the licensee, his agents,
    assistants or employees, whether such solicitation occurs before death or
    after death; provided, that this shall not be deemed to prohibit general
    advertising;
    (d)  Employment by the licensee of persons known as "cappers," or
    "steerers," or "solicitors," or other such persons to solicit or obtain
    agreements with the public for the performance of mortician services;
    (e)  Employment directly or indirectly, of any resident trainee, agent,
    assistant, employee, or other person, on part or full time, or on
    commission, for the purpose of calling upon individuals or institutions by
    whose influence dead human bodies may be turned over to a particular
    mortician, funeral director or establishment;
    (f)  The direct or indirect payment, or offer of payment, of a commission
    by the licensee, his agents, assistants, or employees for the purpose of
    securing business;
    (g)  Gross immorality;
    (h)  Aiding or abetting an unlicensed person to practice mortician or
    funeral director services;
    (i)  Using profane, indecent or obscene language in the presence of a dead
    human body, or within the immediate hearing of the family or relatives of
    a deceased, whose body has not yet been interred or otherwise disposed of;
    (j)  Violation of any of the provisions of this chapter;
    (k)  Violation of any state law, or municipal or county ordinance, or rule
    authorized under this chapter affecting the handling, custody, care,
    processing or transportation of dead human bodies;
    (l)  Fraud or misrepresentation in obtaining or renewing a license;
    (m)  Refusing to promptly surrender the custody of a dead human body upon
    the express order of the person lawfully entitled to the custody thereof;
    (n)  Solicitation or acceptance, directly or indirectly, of a request,
    before need, for an agreement to provide mortician services or funeral
    supplies at a price less than that offered by such person to others at
    time of need;
    (o)  Violation of any statutes of any state having to do with
    prearrangement or prefinancing of mortician services or funeral supplies.