54-1104. EXEMPTIONS FROM PROVISIONS OF CHAPTER. There is hereby exempted from the terms and provisions of this chapter and from the enforcement of the provisions hereof, the following:
(1) Manufacturers, wholesalers and jobbers of caskets, funeral supplies, vaults or other burial receptacles not engaged in performing mortician services and not selling to the public, except when said sales to the public are sales with immediate delivery of the funeral supplies purchased.
(2) Cemeteries selling vaults or burial receptacles to the public.
(3) Any duly authorized representative of any church, fraternal order or other association or organization honoring the dead who performs a funeral or other religious service under the authority of and pursuant to the religious tenets or practices of such organization. This exemption does not authorize, permit or allow such person to perform the functions of a mortician or funeral director under section 54-1102 (11) or (19), Idaho Code, unless he shall be licensed as required by law.
(4) Notwithstanding any other provision of law, the person having the right to control the disposition of the remains of the deceased person pursuant to section 54-1142, Idaho Code, or such person’s designee, or a licensed funeral director, may initiate the process of cremation by operation of the retort while under the direct personal supervision of a licensed mortician.
History:
[54-1104, added 1970, ch. 70, sec. 4, p. 167; am. 1972, ch. 113, sec. 1, p. 228; am. 1995, ch. 112, sec. 1, p. 381; am. 2003, ch. 257, sec. 3, p. 668.]
Structure 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 54-1110 - INACTIVE LICENSES.
Section 54-1112 - REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.
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 54-1121 - 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.