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.

History:

[54-1111, added 1970, ch. 70, sec. 10, p. 167; am. 1974, ch. 13, sec. 98, p. 138; am. 2003, ch. 257, sec. 8, p. 672.]