2006 Utah Code - 58-9-302 — Qualifications for licensure.

     58-9-302.   Qualifications for licensure.
     (1) Each applicant for licensure as a funeral service director shall:
     (a) submit an application in a form prescribed by the division;
     (b) pay a fee as determined by the department under Section 63-38-3.2;
     (c) be of good moral character in that the applicant has not been convicted of:
     (i) a felony;
     (ii) a misdemeanor involving moral turpitude; or
     (iii) any other crime that when considered with the duties and responsibilities of a funeral service director is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;
     (d) have completed a high school education or its equivalent;
     (e) have obtained an associate degree, or its equivalent, in mortuary science from a school of funeral service accredited by the American Board of Funeral Service Education or other accrediting body recognized by the U.S. Department of Education;
     (f) have completed not less than 2,000 hours and 50 embalmings, over a period of not less than one year, of satisfactory performance in training as a licensed funeral service apprentice under the supervision of a licensed funeral service director; and
     (g) have successfully completed examinations approved by the division in collaboration with the board.
     (2) Each applicant for licensure as a funeral service apprentice shall:
     (a) submit an application in a form prescribed by the division;
     (b) pay a fee as determined by the department under Section 63-38-3.2;
     (c) be of good moral character in that the applicant has not been convicted of:
     (i) a felony;
     (ii) a misdemeanor involving moral turpitude; or
     (iii) any other crime that when considered with the duties and responsibilities of a funeral service apprentice is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;
     (d) have completed a high school education or its equivalent; and
     (e) have successfully completed an examination testing the applicant's knowledge of the law and rules made under this chapter.
     (3) Each applicant for licensure as a funeral service establishment shall:
     (a) submit an application in a form prescribed by the division;
     (b) pay a fee as determined by the department under Section 63-38-3.2;
     (c) have in place and maintain at all times a licensed funeral service director responsible for the operation of the funeral service establishment as the sole proprietor, a managing general partner, or an officer of a corporation or other business entity; and
     (d) if it is the intention of the funeral service establishment to sell preneed funeral arrangements, file with the division an application for a license to sell preneed funeral arrangements.
     (4) Each applicant for licensure as a preneed funeral arrangement provider shall:
     (a) submit an application in a form provided by the division;
     (b) pay a fee as determined by the department under Section 63-38-3.2;
     (c) be licensed in the state as a funeral service establishment;
     (d) be free of activities or conduct which, when considered with the responsibilities of a

licensee and the public interest, is a threat to the public health, safety, or welfare;
     (e) file with the completed application a copy of each form of contract or agreement the applicant will use in the sale of preneed funeral arrangements; and
     (f) provide evidence of appropriate licensure with the Insurance Department if the applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in part by an insurance policy or product to be sold by the provider or the provider's sales agent.
     (5) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
     (a) submit an application in a form prescribed by the division;
     (b) pay a fee as determined by the department under Section 63-38-3.2;
     (c) be of good moral character in that the applicant has not been convicted of:
     (i) a felony;
     (ii) a misdemeanor involving moral turpitude; or
     (iii) any other crime that when considered with the duties and responsibilities of a preneed funeral sales agent is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;
     (d) be a high school graduate or have obtained a certificate of equivalency approved by the division;
     (e) pass an examination approved by the division in collaboration with the board;
     (f) provide evidence that the applicant will be associated with a licensed preneed funeral arrangement provider upon issuance of a license under terms acceptable to the division; and
     (g) provide evidence of appropriate licensure with the Insurance Department if the applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in part by an insurance policy or product.

Enacted by Chapter 49, 2003 General Session