54-1118. SENDING BODY TO AN ESTABLISHMENT WITHOUT INQUIRY PROHIBITED — EXCEPTIONS — ANATOMICAL GIFTS — AUTHORITY REGARDING DISPOSITION. (1) It shall be unlawful for any public officer or employee, an official of any public institution, any physician or surgeon, or any other person who had a professional relationship with any decedent to send or cause to be sent to any establishment or mortician the remains of any deceased person without having first made due inquiry as to the desires of the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code.
No person licensed under this chapter or anyone acting on behalf of a licensee shall participate in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a mortician or an establishment to perform the burial or disposal of a human body, except where the body or a part thereof is given for anatomical purposes.
Nothing herein contained shall be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased.
(2) No company, corporation or association engaged in the business of paying, or providing for the payment, of the expenses for mortician services or funeral supplies, or engaged in the business of providing insurance upon the life of any person for the payment of such expenses upon his death, shall pay any such insurance or benefits to any mortician, funeral director, establishment, or other person in any manner which might or could deprive the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code, from directing the method, manner and arrangements for the disposition of the remains.
History:
[54-1118, added 1970, ch. 70, sec. 17, p. 167; am. 1994, ch. 423, sec. 6, p. 1331; am. 2003, ch. 257, sec. 14, p. 675.]
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.