65-1766. Rules and regulations; policies; licensure, revocation, suspension or denial of; penalty. - Kansas Statutes

65-1766

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

      65-1766.   Rules and regulations; policies; licensure,revocation, suspension or denial of; penalty.(a) The state board of mortuary arts shall adopt rules andregulations for the administration and implementation of this act. Such rulesand regulations shall include the conditions under which dead human bodies ofpersons who died from an infectious, contagious, communicable or dangerousdiseasecan be transported from any place in the state to a crematory for the purposeof cremation; shall establish minimal standardsof sanitation, required equipment and fire protection for all crematories asdeemed necessary for the protection of the public.

      (b)   A crematory operator in charge may adopt reasonable policies, notinconsistent with this act or rules and regulations adopted by the board.

      (c)   The state board of mortuary arts may refuse to issue or renew a licenseorrevoke or suspend a license for the crematory, upon afinding that the crematory operator in charge:

      (1)   Has maintained or operated a building or structure within the state as acrematory in violation of the provisions of this act or the rules andregulations adopted by the board of mortuary arts;

      (2)   has performed a cremation without a cremation authorization form signedby an authorizing agent;

      (3)   has made any misleading, deceptive, untrue or fraudulent statements inapplying for or securing an original or renewal license;

      (4)   has been convicted of a felony or an offense of moral turpitude, and hasnot demonstrated to the board's satisfaction that such crematory operator inchargehasbeen sufficiently rehabilitated to warrant the public trust;

      (5)   has violated any law, ordinance or rule and regulation affecting thehandling, custody, care or transportation of dead human bodies or crematedremains;

      (6)   has been rendered unfit to operate a crematory by reason of illness,alcohol, chemicals or other types of substances, or as a result of any mentalor physical condition;

      (7)   has failed or refused to properly protect or guard against contagious,communicable or infectious disease, or the spreading thereof;

      (8)   has or such person's agent, employee or representative has advertised,solicited or sold merchandise or services in a manner which is fraudulent,deceptive or misleading in form or content;

      (9)   has been found by a court of competent jurisdiction to be mentally ill,mentally disabled, not guilty by reason of insanity or incompetent to standtrial by a court of competent jurisdiction;

      (10)   has failed to furnish the board, its investigators or representatives,information requested by the board;

      (11)   has failed to report to the board any adverse action taken against thecrematory operator in charge or the crematory by another state or licensingjurisdiction, professional associationor society, governmental agency, law enforcement agency or a court;

      (12)   has knowingly submitted any misleading, deceptive, untrue or fraudulentrepresentation on a claim form, bill, statement or similar information to anauthorizing agent, consumer or representative of the board;

      (13)   has had a license to operate a crematory revoked or suspended,or had other action taken against oneself or had anapplication for a license denied by the proper licensing authority of anotherstate, territory, District of Columbia or other country. A certified copy ofthe record of the action of the other jurisdiction being conclusive evidencethereof;

      (14)   has violated any rules and regulations adopted by the board or any stateor federal law related to the practice of operating a crematory; or

      (15)   has failed to pay any fee required under this act.

      (d)   All administrative proceedings taken by the board pursuant to thissection shall be conducted in accordance with the provisions of the Kansasadministrative procedure act.

      (e)   A violation of this section or any provision of this act is herebydeclared to be aclass A nonperson misdemeanor.

      History:   L. 2001, ch. 183, § 7; Jan. 1, 2002.