65-1713a. Funeral establishment defined; branch establishments; prearranged funeral agreements. (a) A "funeral establishment," as the term is used herein, is a business premises where a funeral service, visitation or lying in-state of a dead human body is arranged and conducted, or dead human bodies are embalmed or otherwise prepared for a funeral service, visitation, lying in-state, burial, cremation or transportation. A funeral establishment shall be maintained at a fixed and specific street address or location and shall contain a preparation room equipped with a sanitary floor, walls and ceiling, with adequate sanitary drainage and disposal facilities, good ventilation and light, and the necessary instruments, equipment and supplies for the preparation and embalming of dead human bodies for burial or transportation. The preparation room shall be clearly identified by signs on all preparation room entrance doors, shall be separate from any funeral merchandise display room and chapel or visitation rooms and shall not be a part of the living quarters. Each funeral establishment shall have available or employ a Kansas licensed embalmer for all embalming work, if the funeral director in charge of the establishment is not a Kansas licensed embalmer. Each funeral establishment shall be under the personal supervision of a Kansas licensed funeral director.
(b) The provisions and requirements herein contained shall apply to all branch establishments as well as principal establishments, except that:
(1) Only the funeral director in charge of the funeral establishment who holds the funeral establishment license shall be eligible to apply for a branch establishment license;
(2) a branch establishment is not required to contain a funeral merchandise display room or a preparation room or to be a place where dead bodies are prepared for burial, cremation or transportation;
(3) a branch establishment ownership shall be identical to the ownership of the funeral establishment which owns the branch;
(4) the funeral director in charge of the funeral establishment also shall be responsible for the supervision of all branches of that funeral establishment; and
(5) a branch establishment is not required to be under the personal supervision and charge of a licensed funeral director.
(c) The funeral director in charge of any principal or branch establishment whose facility closes is responsible for notifying all individuals with prefinanced funeral agreements of the need to transfer their agreements to another facility. Such notification shall be provided prior to the closing of the facility with a copy of all letters provided to the state board of mortuary arts.
History: L. 1941, ch. 297, § 15; L. 1986, ch. 238, § 1; L. 1992, ch. 51, § 1; L. 1995, ch. 86, § 3; L. 2011, ch. 4, § 1; July 1.
Structure Kansas Statutes
Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments
65-1701 License; application, issuance; registration and display.
65-1701a Educational requirements; registration and examination, fees; apprenticeship.
65-1701b Reciprocal licenses; fees.
65-1702a Temporary embalming permits for certain purposes; conditions and limitations.
65-1703 Unlicensed persons; unlawful acts; student and apprentice embalmers; definitions.
65-1705 Penalties for violations.
65-1706 Use of bodies by school for teaching embalming.
65-1707 Penalty for embalming without permission of coroner, when.
65-1710 Questions used for examination.
65-1713 Funeral director defined; business name.
65-1713a Funeral establishment defined; branch establishments; prearranged funeral agreements.
65-1713b Funeral service or interment, who in charge of.
65-1715 Same; examination fee.
65-1718 Disposition of moneys; mortuary arts fee fund.
65-1721 Qualifications; persons from other states; examination.
65-1723 Powers of state board of mortuary arts; fees and expenses.
65-1725 Severability of 1935 act.
65-1725a Severability of 1941 act.
65-1726 Penalties for violations.
65-1727 Fees; fixed by rules and regulations; notice to licensee; licensure by endorsement.
65-1728 Eye enucleation; embalmers and other persons; certificate of competence; liability.
65-1730 Rules and regulations.
65-1731 Failure, neglect or refusal to pay fee classified as class B misdemeanor.
65-1752 Solicitation of clients; prohibitions.
65-1753 Dead human bodies; removal and delivery.
65-1761 Licensure of crematory; requirements of crematory and holding facility.
65-1765 Failure to remove pacemaker or hazardous implants; liability for damage.
65-1766 Rules and regulations; policies; licensure, revocation, suspension or denial of; penalty.
65-1767 Conflicting Kansas laws; precedence of this act.
65-1768 Licensure; fees; expiration of license; exemption from licensure; unlawful operation.
65-1770 Cremations; conducted by whom and where.
65-1771 Licensure of crematory operator; application; qualifications.
65-1772 Same; renewal; reinstatement; rules and regulations.