2010 Wyoming Statutes
Title 33 - Professions And Occupations
Chapter 16 - Embalmers, Funeral Directors, Undertakers And Crematories

CHAPTER 16 - EMBALMERS, FUNERAL DIRECTORS, UNDERTAKERS ANDCREMATORIES

 

ARTICLE 1 - IN GENERAL

 

33-16-101. Embalmers; application for license; fee; examination; qualifications; registration and display of license; license not transferable; reciprocity; suspensions.

 

(a) Every person now engaged or desiring to engage in the practice of embalming dead human bodies within the state of Wyoming shall apply upon blanks to be furnished by the board, to the state board of embalming for a license, accompanying the same with a license fee established by the board pursuant to W.S 33-1-201. All applicants for a license shall be at least nineteen (19) years of age.

 

(b) The applicant shall present himself before the board at a duly organized meeting of the board and shall be examined as to his knowledge of embalming, sanitation, anatomy and all educational subjects pertaining to embalming and the disinfection of bodies of deceased persons and apartments wherein the same may be found, the clothing, excretia and other things likely to be infected in case of death from communicable disease, all in accordance with the rules and regulations of the department of health, the state board of embalmers and the laws of Wyoming.

 

(c) The examination shall consist of not less than twenty-five (25) questions on the subject of sanitation and disinfection, not less than twenty-five (25) questions on the subject of anatomy, not less than twenty-five (25) questions on the subject of embalming and funeral management, and not less than fifty (50) oral questions. The oral examination may be conducted in the presence of a cadaver upon which actual demonstration may be asked for by the board. All examination papers shall be kept on file by the board of embalmers.

 

(d) If the applicant is of good moral character, has successfully completed one (1) year of college at a two (2) or four (4) year institution of higher learning, has had one (1) year of actual practical training and instruction as an apprentice under a regularly licensed embalmer practicing in Wyoming, has attended a regular twelve (12) month course of instruction in a reputable college of embalming approved by the state board of embalmers, having at least eight hundred fifty (850) hours devoted to the following subjects: anatomy, physiology, chemistry, the principles and methods of embalming, bacteriology, public health and sanitation, laws and rules regulating the transportation of dead human bodies, funeral management, etc., practical experience from having embalmed, under proper supervision, at least twenty-five (25) dead human bodies, and has passed a creditable examination in accord with the rules and regulations of the board, then the board of embalmers shall issue the applicant a license to practice the profession of embalming in Wyoming. The state board of embalmers shall select all questions to be used for examining applicants for licenses.

 

(e) All persons receiving licenses under the provisions of W.S. 33-16-101 through 33-16-206 shall register the fact at the health office of the city and county in the jurisdiction of which it is proposed to carry on such practice and shall display the license in a conspicuous place in the office of the licensee. Licenses are not assignable and do not grant authority to any person other than the holder to practice the profession of embalming.

 

(f) Reciprocity is hereby given to states granting reciprocity to the state of Wyoming.

 

(g) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-16-102. Embalmers; secretary's register to be kept; copies to licensees and transportation companies.

 

The secretary of the state board of embalming shall keep a record in which shall be registered the names and residence of all persons to whom a certificate of license, as herein provided, has been granted, and the number and date of these licenses; a copy of this record shall be furnished to all those holding a license and to the various transportation companies of the state of Wyoming.

 

33-16-103. Embalmers; foreign licensees.

 

Where a licensee from another state makes application to practice embalming in this state without the examination provided for in W.S. 33-16-101, he must satisfy the board that he has the qualifications required, and said applicant shall be compelled to pass a practical examination in operative embalming before at least one (1) member of its board.

 

33-16-104. Embalmers; annual renewal of registration; fee.

 

A registered embalmer, who desires to continue the practice of his profession, shall annually thereafter, during the time he continues in practice, on such date as the board determines, pay to the secretary of the board a fee for the renewal of registration, the amount of which is to be established by the board pursuant to W.S. 33-1-201.

 

33-16-105. Embalmers; exemption from jury service.

 

All embalmers licensed under the provisions of this act, and who are regularly engaged in the business of embalming, shall be and they are exempted from jury service.

 

33-16-106. Unlawful practice and transportation; exceptions.

 

It shall be unlawful for any person not a licensed embalmer, as herein provided, to advertise, practice, or pretend to practice the science of embalming, either by arterial or cavity treatment, or to prepare to ship by railroad, express or any common carrier, any dead human body, except according to rules adopted by this board. It shall be unlawful for any person, railroad, express company or any common carrier, to receive for transportation any dead human body unless said body has been prepared by a regular licensed embalmer, except in accordance with the rules prescribed by the state board of embalming. Nothing in this act shall apply to or in any manner interfere with the duties of any officer of the law, nor shall this act apply to any person engaged simply in the furnishing of burial receptacles for the dead and burying the dead, but not embalming.

 

33-16-107. Privileges as to use of bodies for dissecting, demonstrating or teaching.

 

The state board of embalming and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching as those granted in this state to medical colleges.

 

33-16-108. When coroner's permission to embalm required; penalty.

 

It is unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner is obtained. Any person knowingly violating this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

 

33-16-109. Shipping pasters.

 

All licensed embalmers shall use shipping pasters, to be furnished by the state board of embalming and approved by the state board of health. No railroad, express company or common carrier shall accept for transportation any dead human body, unless such body is accompanied by said shipping paster properly filled out and signed.

 

33-16-110. Prohibited acts; penalty for violations.

 

Any person who shall advertise, practice or hold himself or herself as practicing the science of embalming without having complied with the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof before any court, shall be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each and every offense; and any person, railroad, express company or common carrier, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall pay a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each and every offense.

 

33-16-111. Exceptions.

 

To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

 

ARTICLE 2 - STATE BOARD OF EMBALMING

 

33-16-201. Created; designation; composition; appointment; qualifications of members; officers; removal.

 

(a) There is created a board to be known as the Wyoming state board of embalming. The board shall consist of five (5) persons to be appointed by the governor. The governor may remove from office any member of the board as provided in W.S. 9-1-202. The director of the department of health or his designee shall be a member of the board of embalming, and the other members shall be licensed embalmers and shall serve for a term of three (3) years. The board shall elect one (1) of its members as president and one (1) of its members to act as secretary and treasurer who shall be executive officer of the board in matters relating to the duties of the board when the board is not in session. The members of the state board of embalming shall be residents of the state of Wyoming, and except for the director of the department of health or his designee, shall each have had at least three (3) years experience in the practice of embalming and disposition of the dead human body and who shall each have had for two (2) years previous to their appointment an unexpired embalming license.

 

(b) Effective July 1, 1979, appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

33-16-202. Certificate of appointment; oath.

 

The governor shall furnish each person appointed to serve on the board of embalming a certificate of appointment. The appointee shall qualify by taking the usual oath of office before any person authorized to administer oaths, of the county in which said person may reside, within ten (10) days after said appointment has been made, and this fact shall be noted on the certificate of appointment, and shall be filed with the state board of health.

 

33-16-203. Meetings; quorum.

 

The state board of embalming shall meet at least once each year and may meet as often and at such place as the proper and efficient discharge of its duties may require. Three (3) members shall constitute a quorum, provided one (1) of them be the president of the board.

 

33-16-204. Compensation of secretary; per diem for members.

 

The members of this board shall receive no salary, except the secretary who shall receive such sum as set by the board, but each member of the board shall be allowed five dollars ($5.00) per day and shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state, but per diem shall not be allowed for more than six (6) days at any one (1) examination.

 

33-16-205. Embalming account.

 

All printing, postage and other contingent expenses necessarily incurred under the provisions of this act, together with all salaries, expenses and per diem to members of the board shall be paid from the board's account. No warrant shall be drawn upon the account except upon written order of the president of the board and attested by the secretary thereof, the same having been previously authorized by the board.

 

33-16-206. Rules and regulations; penalty for violation.

 

The state board of embalming shall, from time to time, adopt rules and regulations, not inconsistent with the laws of the state of Wyoming or of the United States, whereby the performance of the duties of this board and the practice of embalming dead human bodies and transportation of the same shall be regulated. All companies or individuals operating or controlling railroads, express companies, electric railways, coaches, public and private conveyances, and all licensed embalmers in the state of Wyoming shall obey the rules and regulations when made; and any licensed embalmer, or any person or owner having in charge any railroad train, passenger coach, electric railway, public or private conveyance, who shall refuse or neglect to obey such rules and regulations when made, shall be guilty of a misdemeanor and for each offense shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).

 

33-16-207. Exceptions.

 

To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

 

ARTICLE 3 - FUNERAL DIRECTORS AND UNDERTAKERS

 

33-16-301. Definitions; board to adopt rules.

 

(a) The terms "funeral director" and "undertaker" as used in this act, mean a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding himself or itself out as engaged in:

 

(i) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies;

 

(ii) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies;

 

(iii) Who directs or supervises, or contracts to direct or supervise funerals; or

 

(iv) Who shall in connection with his or its name or funeral establishment or business use the words "funeral director" or "undertaker" or "mortician" or any other title implying that he or it is engaged in the business of "funeral directing" or "undertaking" as herein defined.

 

(b) A "funeral establishment", as the term is used herein, shall be understood to mean a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of human dead bodies and consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of human dead bodies for burial or transportation, and a display room containing a stock of funeral caskets and shipping cases.

 

(c) The Wyoming state board of embalming may adopt such rules as may be reasonable and proper for the purpose of carrying into effect the provisions of this act.

 

33-16-302. Fixed establishment and license required; only 1 business to be operated in establishment.

 

The business of a funeral director shall be conducted in a specific place. No person shall engage in the business of a funeral director, unless first licensed so to do by the Wyoming state board of embalming. Not more than one (1) person engaged in business as a funeral director shall transact business in one (1) specific funeral establishment. Any person licensed to bury dead human bodies in any other state, or accredited by another state association as recognized by the Conference of Funeral Service Examining Boards of the United States, Inc., may bury and conduct services in Wyoming for any person who died outside the state of Wyoming after obtaining an annual nonresident license from the Wyoming state board of embalming. The board shall promulgate rules under which nonresident licensees shall operate which shall be designed to protect the public and at a minimum shall require compliance with W.S. 33-16-310(a)(ii)(J), (M), (O) and (Q) and 33-16-315. A nonresident licensee who violates any applicable rules promulgated by the board is guilty of a misdemeanor for each violation, punishable as provided in W.S. 33-16-317 for noncompliance with W.S. 33-16-301 through 33-16-317.

 

33-16-303. Application, form, qualifications for license; examination; fees; license required for each location; change of location; death of director.

 

 

(a) An application for a funeral director's license shall be in writing and verified on a form provided by the Wyoming state board of embalming. The applicant, unless an association, corporation or partnership, must be an adult and of good character. The applicant, when an association, corporation or partnership, must have as an active officer or manager, an adult person who is of good character.

 

(b) Each individual, and when an association, corporation or other organization, the officer or employee who is to manage, direct or control a proposed funeral establishment, shall, before the application is granted, successfully pass an examination before the Wyoming state board of embalming, upon the following subjects:

 

(i) The signs of death;

 

(ii) The manner by which death may be determined;

 

(iii) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies dying from infectious or contagious diseases;

 

(iv) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and

 

(v) Shall furnish proof satisfactory to the board that the applicant is of good character and that the establishment in which he intends to conduct business as a funeral director is or will be constructed, equipped and maintained in all respects as a funeral establishment as defined in W.S. 33-16-301.

 

(c) The application shall be accompanied by a fee as established by the board pursuant to W.S. 33-1-201. If the applicant proposes to engage in or conduct more than one (1) funeral establishment, the applicant must make a separate application and procure a separate license for each separate location.

 

(d) Any funeral director desiring to change his place of business must make application therefor on forms furnished by the Wyoming state board of embalming at least thirty (30) days prior to the time that the change in location is to take effect. The application for the change must be accompanied by a fee as established by the board pursuant to W.S. 33-1-201. The change shall be granted by the Wyoming state board of embalming upon their favorable finding as to the proposed new location and that it conforms to the provisions of W.S. 33-16-301.

 

(e) In case of the death of a licensed funeral director who leaves an established business, as defined in W.S. 33-16-301 through 33-16-317, as part or all of his estate, the Wyoming state board of embalming may issue to the legal representative of the deceased funeral director, if such legal representative is of good character, a special temporary license as a funeral director for the duration of the administration of such estate, but in no case to exceed two (2) years. The fees for issuance and renewal of such temporary license and the time for payment are the same as those required for regular licenses.

 

33-16-304. Investigation of applicants for license; granting or refusing license.

 

Upon receipt of an application for a license hereunder said Wyoming state board of embalming shall cause an investigation to be made as to the character of the applicant, including its officers or members, if the application is by or in behalf of an association, corporation or partnership, and may require such showing as will reasonably prove the good character of the applicant; may subpoena witnesses, administer oaths upon proper notice and after proper hearing, shall grant a license if the board finds that the applicant is of good character, and that the proposed funeral establishment is, or will be, constructed and equipped as required by W.S. 33-16-301. Every application must be granted or refused within ninety (90) days from the date of the filing of such application in case a hearing is held.

 

33-16-305. Continuance; renewal of existing licenses.

 

Every funeral director already holding a license which has been duly issued under the laws of this state and who is, on the effective date of this act, engaged in or conducting the business of a funeral director at a fixed place or establishment in this state, as designated in the license already held by him or it, shall be entitled to continue in business for the remainder of the year of 1939, and shall be entitled to have his or its license renewed annually upon payment of renewal fees as required under W.S. 33-16-306.

 

33-16-306. Annual renewal of license; notice; delinquent fees; penalties.

 

Every licensed funeral director shall pay annually, a fee for the renewal of his or its license. The amount of the renewal fee, payable by a licensed funeral director shall be established by the board pursuant to W.S. 33-1-201. The Wyoming state board of embalming shall mail on or before the first day of January of each year to each licensed funeral director, addressed to him at his last known address, a notice that his or its renewal fee is due and payable and that if the fee is not paid by the first day of February, a penalty as set by the board pursuant to W.S. 33-1-201 will be added to the renewal fee. In no case shall the penalty or additional fee, upon account of such delinquency, be waived. Upon receipt of the fees the board shall cause the renewal certificate to be issued.

 

33-16-307. Reinstatement of license; fees, penalties.

 

When a licensed funeral director has for any reason allowed his license to lapse, the Wyoming state board of embalming is hereby given power of reinstatement, if application therefor is made within a period of three (3) years from the lapse and is accompanied by all fees, including penalties, from the time of the lapse to date of reinstatement.

 

33-16-308. License to be signed and displayed; business to be in name of licensee.

 

Every license issued hereunder shall specify the name of the licensee, shall be signed by the licensee and shall be displayed conspicuously in the place of business or employment of the licensee. No funeral establishment shall be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name appearing as licensee in the license issued by the Wyoming state board of embalming.

 

33-16-309. Assignment of license; renewal of assigned license; fee.

 

A funeral director's license may be assigned after a showing to the Wyoming state board of embalming that the proposed assignee possesses all the qualifications for a license as a funeral director. The assignee may renew a license. A fee as established by the board pursuant to W.S. 33-1-201, must accompany each application for assignment.

 

33-16-310. Rules and regulations; inspection; employment of inspector; notice and hearing for suspension or revocation of license generally; prohibited conduct; leasing of caskets.

 

(a) The Wyoming state board of embalming shall have powers to adopt and enforce reasonable rules and regulations relating to the business of funeral directing, to the sanitary condition of places where such business or practice is conducted, with particular regard to plumbing, sewage, ventilation and equipment, and generally to carry out the various provisions of this act in the protection of the peace, health, safety, welfare and morals of the public. Said board shall have the power to inspect the premises in which the business of funeral directing is conducted or where embalming is practiced, and for that purpose may employ a licensed embalmer of the state of Wyoming as an inspector and to aid in the enforcement of this act and rules adopted pursuant thereto, whose compensation and expenses shall be payable only out of the fees collected by the board. The board shall suspend or revoke licenses after hearing by said board and after ten (10) days notice to the licensee, upon such licensee being found guilty by said board of any of the following acts or omissions:

 

(i) Conviction of a crime involving moral turpitude;

 

(ii) Unprofessional conduct which is hereby defined to include:

 

(A) Misrepresentation or fraud in the conduct of the business or the profession of a funeral director;

 

(B) False or misleading advertising as a funeral director;

 

(C) Solicitation of human dead bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or while death is impending; provided, 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 persons to obtain funeral directing or embalming business;

 

(E) Employment directly or indirectly of any apprentice agent, assistant, embalmer, employee, or other persons, 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 funeral director or embalmer;

 

(F) The buying of business by the licensee, his agents, assistants, or employees, or 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 funeral directing or embalming;

 

(J) 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;

 

(K) Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery;

 

(M) Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body in violation of board rules adopted pursuant to subsection (b) of this section;

 

(N) Violation of any of the provisions of this act;

 

(O) Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies;

 

(P) Fraud or misrepresentation in obtaining a license;

 

(Q) Refusing to promptly surrender the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof;

 

(R) Taking undue advantage of his patrons or being guilty of fraud or misrepresentation in the sale of merchandise to his patrons.

 

(b) Notwithstanding any other provision of law the lease of a casket for funeral and other services of a person to be cremated is hereby authorized. The board shall adopt rules regulating the lease of caskets to ensure sanitary use.

 

(c) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. Notwithstanding subsection (a) of this section, no appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-16-311. Petition for revocation or suspension of license; notice for hearing; order of suspension or revocation.

 

A petition for the revocation or suspension of a license may be filed by the attorney general or by the county attorney of the county in which the licensee resides or has practiced, or by any citizen residing in this state. Said petition shall be filed with the Wyoming state board of embalming and shall be entitled, "In the Matter of the Revocation (or Suspension) of the License of (name of licensee) to Practice Funeral Directing", and shall state the charges against the licensee with reasonable definiteness. Upon the presentation of the petition to said board, the board shall make an order fixing a time and place of hearing thereon which shall not be less than ten (10) days nor more than thirty (30) days thereafter. Notice of filing of such petition and the time and place of hearing shall be served upon the licensee at least ten (10) days before said hearing. Said notice may be served by any sheriff or by any person especially appointed by the board. Order of revocation or suspension of licenses shall be entered of record and the name of said licensee stricken from the roster of licentiates and the licensee may not engage in the practice of funeral directing after revocation of license or during the time for which it is suspended.

 

33-16-312. Petition for revocation or suspension of license; appeal to district court.

 

Both parties shall have the right of appeal to the district court of the county in which the licensee resides at any time within thirty (30) days after entry of the order of the board. The service of a notice in writing, of the intention of taking such an appeal, within ten (10) days after the entry of the order shall be sufficient notice to the adverse party of such appeal. A transcript of all pleadings upon which the cause was submitted to the board, duly certified, shall be filed in the office of the clerk of the district court and such filing shall complete the appeal. The trial of the district court upon such appeal shall be de novo. In the event the licensee appeals, the decision of the board shall not be stayed by the proceedings on appeal and such appeal shall not operate to restore the right of the licensee to practice pending such appeal, unless bond, with sufficient surety, to be approved by said clerk of the district court, shall be posted with said clerk of the district court, in such sums as the judge or court commissioner may require, conditioned that such appeal shall be prosecuted without unnecessary delay and in case the decision appealed from be confirmed the licensee shall pay all costs.

 

33-16-313. Disposition of fees.

 

All monies shall be received and collected as provided by law. The state treasurer shall put the money into a separate account in the treasury of the state of Wyoming.

 

33-16-314. Duty to ascertain cause of death; embalmer to prepare body for transportation or removal if death due to communicable, contagious or infectious disease.

 

It shall be the duty of every funeral director and undertaker, when called to take charge of a dead body, to first ascertain the cause of death; and if death has occurred from any communicable, contagious or infectious disease, said funeral director or undertaker shall not remove or transport said body until after said body has been prepared for transportation or removal by a licensed embalmer of this state.

 

33-16-315. Funeral where death caused by communicable, contagious or infectious disease.

 

No funeral director or undertaker shall conduct a public funeral either at his place of business or at a private dwelling house or elsewhere in cases where the deceased died of any communicable, contagious or infectious disease, except in strict compliance with the rules and regulations to be promulgated, from time to time, by the board.

 

33-16-316. Persons barred from embalming room; exceptions.

 

It shall be the duty of every funeral director, undertaker and embalmer, not to permit any person or persons to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors and undertakers, public officers in the discharge of their official duties, and attending physicians and their assistants, unless by direct permission of the immediate family.

 

33-16-317. Prohibited acts; penalty for violations; continuing offenses.

 

Any person, firm or corporation who shall engage, directly or indirectly, in the business of funeral directing or undertaking or hold himself or itself out as a funeral director or undertaker or attempt to take care of the disposition of dead human bodies without having complied with the provisions of this chapter and without being licensed so to do, as herein provided, or who shall continue in the business of a funeral director or undertaker, after his or its license has been revoked, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00); and each day that he or it is so engaged in such business shall be deemed a separate offense and every funeral director or undertaker or any person acting for him, who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business as such funeral director or undertaker and every person who accepts or offers to accept any money or other thing of value as a commission or gratuity from a funeral director or undertaker in order to secure business for him shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), or shall be imprisoned in the county jail for not less than thirty (30) days or punished by both such fine and imprisonment.

 

33-16-318. Exceptions.

 

To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

 

ARTICLE 4 - CREMATORIES

 

33-16-401. Definitions of terms.

 

 

(a) As used in this act:

 

(i) "Cremated remains" means human remains after cremation in a crematory;

 

(ii) "Cremation" means the reduction of the body of a deceased person to cremated remains in a crematory;

 

(iii) "Crematory" means a building or structure containing one (1) or more retorts for the reduction of bodies of deceased persons to cremated remains;

 

(iv) "Human remains" means the body of a deceased person and includes the body in any stage of decomposition and cremated remains.

 

33-16-402. Cremation of human remains.

 

The funeral director, mortician, embalmer or other person having charge of the preparation of human remains for burial or the last rites and committal services thereof shall have the right to be present either in person or by his employees, at any stage of the cremation of such human remains. No crematorium shall accept human remains for cremation until it has received a burial-transit permit required by law.

 

33-16-403. Inspection of crematories; rules and regulations.

 

The state board of embalming shall establish, promulgate and amend reasonable rules and regulations governing the cremation of human remains. The rules shall provide minimum standards of sanitation, required equipment and fire protection which the state board of embalming deems necessary for the protection of the public. The state board of embalming shall inspect all crematoriums at least once each year.

 

33-16-404. Removal of human remains.

 

Human remains delivered to a crematorium shall not be removed from the casket or other container without the written authorization of the person giving the consent to or requesting the cremation of the human remains. The use of a casket or other container is not a necessary requirement of cremation.

 

33-16-405. Permits to operate crematories.

 

Any person, firm, association or corporation, desiring to operate a crematory in the state of Wyoming shall apply for and receive from the state board of embalming a permit or license to be issued by and in such form as the state board of embalming prescribes. Applications for permits to operate crematories shall be in writing and shall contain the name of the applicant, the address and location of the crematory and such further information as the state board of embalming requires. The state board of embalming shall examine the premises and structure to be used as a crematory and shall issue the permit only if the applicant and the structure meet the standards required by the rules and regulations of the state board of embalming and the provisions of this act.

 

33-16-406. License or permit fee; renewal.

 

Each applicant for a permit to operate a crematory in the state of Wyoming shall pay to the state board of embalming at the time of filing the application a fee to be established by the state board of embalming pursuant to W.S. 33-1-201. All licenses or permits issued under this act shall expire on December 31 of each year and may be renewed by payment of the annual license fee to be established by the state board of embalming pursuant to W.S. 33-1-201 provided the applicant is not in violation of this act or the rules and regulations of the state board of embalming.

 

33-16-407. Records of crematories.

 

Upon the receipt of a human body for cremation, the crematory shall deliver to the funeral director or his agent who delivers the body to the crematory, a receipt therefor, showing the date of delivery, name of the funeral director from whom the body is received and the name of the deceased. Each crematory shall maintain a record of each cremation of human remains disclosing the name of the person cremated, the name of the person authorizing the cremation, the date the body was received, the date the cremation was performed and such other information as the state board of embalming may require. The record of each cremation shall be signed by the owner or operator of the crematorium and by the funeral director, mortician, embalmer or other person having charge of the preparation of the human remains for cremation. The record shall be kept at the crematory for inspection by the state board of embalming which may also require copies thereof to be filed with it containing such information as may be necessary for the use of the board.

 

33-16-408. Revocation and refusal to reissue license.

 

 

(a) The state board of embalming may refuse to grant or renew and may revoke a license provided for in this act to a person otherwise qualified who fails to meet or comply with the provisions of this act or the rules and regulations adopted by the state board of embalming pursuant to the provisions of this act.

 

(b) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-16-409. Violation declared public nuisance; enforcement; penalties.

 

Maintenance or operation of a building or structure within the state of Wyoming as a crematorium in violation of the provisions of this act or the rules and regulations of the state board of embalming is a public nuisance and may be abated as provided by law. Any person who violates any of the provisions of this act is guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding one hundred dollars ($100.00) or imprisoned in the county jail for a period not exceeding thirty (30) days, or both.