2006 Nebraska Revised Statutes - § 71-1333 — Funeral directors and embalmers and funeral establishments; license; disciplinary actions; grounds; unprofessional conduct, defined; prohibited acts; violation; penalty; section, how construed.

Section 71-1333
Funeral directors and embalmers and funeral establishments; license; disciplinary actions; grounds; unprofessional conduct, defined; prohibited acts; violation; penalty; section, how construed.

(1) The department may deny, refuse renewal of, revoke, limit, suspend, or take other disciplinary measures against a license or an application for a license to practice funeral directing and embalming pursuant to section 71-155 if the applicant or licensee is found guilty of any of the acts or offenses specified in sections 71-147 and 71-148 or the following acts or offenses: (a) Solicitation of dead human bodies by the licensee or his or her agents, assistants, or employees, either prior to or following death; (b) the purchasing of funeral or embalming engagements or the payment of a commission either directly or indirectly or offer of payment of such commission to any agent, assistant, or employee for the purpose of securing business; (c) using indecent, profane, or obscene language in the presence of a dead human body or within the immediate presence or hearing of the family, relatives, or friends of the deceased prior to the burial of the deceased; (d) soliciting or accepting any remuneration, commission, bonus, or rebate in consideration of the recommending or causing a dead human body to be placed in any crematory, mausoleum, or cemetery; (e) using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the shipment, burial, or other disposition of a dead human body without first identifying such item as used; (f) violations of any state law, municipal ordinance, or rule or regulation of the department or other body having regulatory powers, relating to the handling, custody, care, or transportation of dead human bodies; (g) refusal to surrender promptly the custody of a dead human body upon request of a person or persons lawfully entitled to the custody thereof; or (h) taking undue advantage of a patron or patrons, or being found guilty of fraud, or misrepresentation in the selling of merchandise or service to patrons.

(2) An applicant or a licensee shall be subject to the penalty provisions of this section if found guilty of any of the following: (a) Paying, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business; (b) the buying of a business of any person, firm, or corporation, or the paying of a commission to any person, firm, or corporation or to any hospital or any institution where death occurs or to any hospital superintendent, nurse, intern, or other employee, whether directly or indirectly; or (c) willful malpractice. Any funeral director and embalmer who commits any of the acts or things prohibited by this section or otherwise violates any of the provisions thereof shall be guilty of a Class II misdemeanor.

(3) Nothing in this section shall be construed to prohibit a licensed funeral director and embalmer from engaging in sales of funeral goods or services under the Burial Pre-Need Sale Act.

Source:

Laws 1957, c. 295, § 9, p. 1063

Laws 1963, c. 411, § 1, p. 1331

Laws 1980, LB 94, § 11

Laws 1987, LB 473, § 40

Laws 1988, LB 1100, § 103

Laws 1993, LB 187, § 25

Cross References:

Burial Pre-Need Sale Act,see section 12-1101.

~Reissue Revised Statutes of Nebraska