Idaho Code
Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS
Section 54-1102 - DEFINITIONS.

54-1102. DEFINITIONS. As used in this act:
(1) "Board" means the state board of morticians of the state of Idaho or any successor thereof.
(2) "Burial" means the interment or entombment of dead human bodies in any manner.
(3) "Cremains" means human remains after cremation.
(4) "Cremation" means the reduction of the body of a deceased person to cremated remains in a crematory.
(5) "Crematory" means a building or structure containing one (1) or more retorts for the reduction of bodies of deceased persons to cremated remains.
(6) "Columbarium" means a structure, room or other space in a building or structure containing niches for permanent inurnment of cremains.
(7) "Department" means the department of self-governing agencies of the state of Idaho.
(8) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.
(9) "Embalming" means the disinfecting, preparing or preserving for final disposition of dead human bodies, in whole or in part, or any attempt to do so, by the use or application of chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection or by direct introduction into organs or cavities, or by any other method or process.
(10) "Establishment" means any funeral establishment or crematory establishment regulated by the board of morticians.
(11) "Funeral director" means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:
(a) Directing or supervising the burial, cremation or disposal of dead human bodies.
(b) Arranging for funeral services for dead human bodies.
(c) Selling funeral goods and services to the public.
(d) Conducting, directing or supervising a funeral service.
(12) "Funeral director license" means a yearly license issued by the board to act as a funeral director and perform funeral director services as defined in this chapter.
(13) "Funeral director services" means the services of a funeral director defined in subsection (11) of this section. Funeral director services do not include embalming.
(14) "Funeral establishment" means a place of business at a specific street address or location devoted to the embalming and care and preparation for burial or disposal of dead human bodies including all portions of such business premises and all tools, instruments and supplies used in the preparation and embalming of dead human bodies for burial or disposal, and including any chapel or other facility in which funeral or other religious services may be conducted.
(15) "Funeral establishment license" means a yearly license issued by the board authorizing the licensee to conduct a funeral establishment as defined in this chapter.
(16) "Funeral services" means any funeral or religious service conducted in connection with, or preparatory to, the burial or disposal of a dead human body.
(17) "Funeral supplies" means caskets, vaults, burial receptacles and any other personal property sold for use in the burial or disposal of a human body.
(18) "Human remains" means the body of a deceased person in any condition or state of decomposition including cremated remains.
(19) "Mortician" means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:
(a) Caring for or preparing dead human bodies for burial, cremation or disposal.
(b) Disinfecting or preparing dead human bodies by embalming, or otherwise, for funeral service, transportation, burial, cremation or disposal.
(c) Directing or supervising the burial, cremation or disposal of dead human bodies.
(d) Arranging for funeral services for dead human bodies.
(e) Selling funeral goods and services to the public.
(f) Conducting, directing or supervising a funeral service.
(20) "Mortician license" means a yearly license issued by the board to act as a mortician and perform mortician services as defined in this chapter.
(21) "Mortician services" means the services of a mortician defined in subsection (19) of this section.
(22) "Resident trainee" means a person who is engaged in preparing to become licensed as a mortician or funeral director, and who practices under the direct and immediate personal supervision of a licensed mortician pursuant to rules adopted by the board.
(23) "Resident trainee license" means a yearly license issued by the board to act as a licensed resident trainee and perform services under the direct personal supervision of a licensed mortician as defined in this chapter.

History:
[54-1102, added 1970, ch. 70, sec. 2, p. 167; am. 1974, ch. 13, sec. 91, p. 138; am. 2003, ch. 257, sec. 1, p. 665; am. 2022, ch. 94, sec. 16, p. 294.]

Structure Idaho Code

Idaho Code

Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES

Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS

Section 54-1101 - PUBLIC INTEREST AND CONCERN IN DISPOSITION OF HUMAN BODIES.

Section 54-1102 - DEFINITIONS.

Section 54-1103 - PERSONS REQUIRED TO HAVE LICENSES.

Section 54-1104 - EXEMPTIONS FROM PROVISIONS OF CHAPTER.

Section 54-1105 - BOARD OF MORTICIANS.

Section 54-1106 - POWERS AND DUTIES OF BOARD.

Section 54-1107 - POWERS AND DUTIES OF DIVISION ADMINISTRATOR.

Section 54-1108 - EXAMINATION OF APPLICANTS FOR LICENSE — SUBJECTS — CERTIFICATION OF RESULTS.

Section 54-1109 - REQUIREMENTS FOR MORTICIAN LICENSE — REQUIREMENTS FOR FUNERAL DIRECTOR LICENSE — LICENSE BY ENDORSEMENT.

Section 54-1110 - INACTIVE LICENSES.

Section 54-1111 - REQUIREMENTS FOR ESTABLISHMENT LICENSE — CANCELLATION — RECORDS — OPERATION BY LEGAL REPRESENTATIVE OF ESTATE.

Section 54-1112 - REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.

Section 54-1113 - APPLICATION FOR LICENSE — FORM AND CONTENTS — CERTIFIED COPIES OF DOCUMENTS SHOWING QUALIFICATIONS.

Section 54-1115 - LICENSE FEES.

Section 54-1115A - ANNUAL RENEWAL — REINSTATEMENT.

Section 54-1116 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSES — GROUNDS — PROBATION.

Section 54-1117 - WRITTEN COMPLAINT — PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE.

Section 54-1118 - SENDING BODY TO AN ESTABLISHMENT WITHOUT INQUIRY PROHIBITED — EXCEPTIONS — ANATOMICAL GIFTS — AUTHORITY REGARDING DISPOSITION.

Section 54-1119 - AUTHORITY OF DEPARTMENT OF HEALTH AND WELFARE TO CONTROL HANDLING OF DEAD BODIES — RULES AND REGULATIONS.

Section 54-1120 - RECEIVING BODY FOR TRANSPORTATION OUTSIDE STATE WITHOUT PERMIT PROHIBITED — CREMATION AND REMOVAL OF HUMAN REMAINS.

Section 54-1121 - ACCOUNTING PROCEDURE — INCOME AND EXPENSES.

Section 54-1127 - INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE.

Section 54-1128 - VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT.

Section 54-1129 - DECLARATION OF INTENT.

Section 54-1130 - SCOPE AND EXCEPTIONS.

Section 54-1131 - DEFINITIONS.

Section 54-1132 - CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.

Section 54-1133 - FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.

Section 54-1134 - PREARRANGEMENT TRUST FUND DEPOSITS.

Section 54-1135 - CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.

Section 54-1136 - SOLICITATION — LIMITATIONS.

Section 54-1137 - SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.

Section 54-1138 - ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS.

Section 54-1139 - INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS.

Section 54-1140 - PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION.

Section 54-1141 - SURVIVOR’S SERVICES.

Section 54-1142 - AUTHORITY IN ABSENCE OF OR UNCOVERED PROVISIONS IN A PREARRANGED FUNERAL PLAN.

Section 54-1143 - RIGHT TO RELY.

Section 54-1144 - UNCLAIMED REMAINS OF VETERANS.