65-1717. Assistant funeral director's license; qualifications; fees; application; registration; suspension or revocation of license; procedure; biennial renewal; rules and regulations. - Kansas Statutes

65-1717

Chapter 65.--PUBLIC HEALTH Article 17.--REGULATION OF EMBALMERS AND FUNERAL DIRECTORS; FUNERAL ESTABLISHMENTS

      65-1717.   Assistant funeral director's license; qualifications;fees; application; registration; suspension or revocation of license;procedure; biennial renewal; rules and regulations.(a) The term "assistant funeral director" as herein usedmeans a person who assists a duly Kansas licensed funeral director inone or more of the principal functions of funeral directing, and isactively engaged in such work. An assistant funeral directormust be an employee of the funeral director under whom the employee isregistered, and shall be a person to whom the funeral director delegatesthe responsibility of conducting funeral services and making interments.

      (b)   The state board of mortuary arts may, in its discretion,license assistant funeral directors to each Kansas licensed funeraldirector. Licensure as an assistant funeral director shall be separate anddistinct from registration as an apprentice embalmer. The board may issuean assistant funeral director licenseon successful completion of anexamination,the manner and form of which is to be determined by the board, and upon thepayment of the application fee which shall include the license fee for thecurrent year or portion thereof, and such application and license fee shallbe in the amount fixed by the board in accordance with the provisions ofK.S.A. 65-1727 and amendments thereto. The renewal fee shall be in theamount fixed by the board in accordance with the provisions of K.S.A.65-1727 and amendments thereto. Before issuing a license to anapplicant for an assistant funeral director's license, the board shallrequire satisfactory proof that the applicant is capable and trustworthy toact as such and that the applicant is a person of good moralcharacter and temperate habits, has a good standing in the communityand is qualified to engage in the business. In determining themoral character of any such applicant, the board shall take intoconsideration any felony conviction of such person, but such convictionshall not automatically operate as a bar to licensure. Each person applyingfor an assistant funeral director's license shall make application and berecommended in writing on forms provided by the board. The application shallshow that the applicant is at least17 years of age and has graduated from an accredited high school or hasobtained the equivalent of a high school education as determined by the statedepartment of education before such license can be issued to theapplicant. Upon issuing a license to an assistant funeral director, asherein provided, the board shall cause the licensee to be registered in theoffice of the secretary of the board under the supervision of the Kansaslicensed funeral director by whom such licensee is employed and under whomsuch licensee is registered. The funeral director under whom the assistantfuneral director has been registered must immediately notify the secretaryof the board when the licensee has left the director's employ.Upon the reemployment of the licensee by any other funeral director, suchlicensee shall be reinstated by the board and receive credit on theirapprenticeship for the period of time the licensee hadtheretofore served as an apprentice. The work of an assistant funeraldirector shall at all times be under the supervision and control of theKansas licensed funeral director under whom the licensee is registered.Licenses of assistant funeral directors may be suspended or revoked, or theboard may refuse to issue or renew the same, for any of the reasons and inthe manner stated herein for funeral directors' licenses. Any such licensesuspension or revocation action shall be in accordance with the provisionsof the Kansas administrative procedure act.

      (c)   The expiration date of each license shall be established by rulesandregulations of the board. Subject to the provisions of this section, eachlicense shall be renewable on a biennial basis upon the filing of a renewalapplication prior to the expiration date of the license and upon payment ofthe renewal fee established pursuant to K.S.A. 65-1727 and amendmentsthereto. To provide for a system of biennial renewal of licenses, the boardmay provide by rules and regulations that licenses issued or renewed mayexpire less than two years from the date of issuance orrenewal. In each case in which a license is issued or renewed for aperiod of time less than two years, the board shall prorate to thenearest whole month the license or renewal fee established pursuant toK.S.A. 65-1727 and amendments thereto.

      (d)   The examination and education requirements set forth in subsection (b)shall notapplyto any person holding a valid assistant funeral director's license as ofDecember 31, 2007, or to registered apprentice funeral directors.

      History:   L. 1935, ch. 234, § 5; L. 1941, ch. 297, § 19; L.1953, ch. 291, § 3; L. 1964, ch. 27, § 7 (Budget Session); L. 1968,ch. 187, § 1; L. 1972, ch. 231, § 4; L. 1979, ch. 188, § 9;L. 1984, ch. 313, § 110; L. 1985, ch. 215, § 11;L. 2007, ch. 87, § 1; Jan. 1, 2008.