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Senate
File
198
-
Introduced
SENATE
FILE
198
BY
SWEENEY
A
BILL
FOR
An
Act
relating
to
the
licensure
of
crematory
operators
and
1
funeral
establishments,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
156.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
“Crematory
operator”
means
a
person
3
licensed
by
the
board
to
operate
a
cremation
establishment
and
4
crematory
equipment.
5
Sec.
2.
NEW
SECTION
.
156.6
Crematory
operators.
6
1.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
for
7
the
licensure
of
crematory
operators.
The
rules
shall
require
8
an
applicant
to
complete
a
course
of
study
of
not
less
than
9
twelve
hours
of
education
and
practical
instruction
in
the
10
operation
of
crematory
equipment.
11
2.
The
board
shall
issue
a
crematory
operator
license
12
to
a
funeral
director
who
submits
an
application
in
a
13
form
prescribed
by
the
board
and
who
has
not
had
a
funeral
14
director’s
license
revoked
or
suspended
by
the
board
within
the
15
two
years
immediately
preceding
the
date
of
application.
16
Sec.
3.
Section
156.9,
Code
2025,
is
amended
to
read
as
17
follows:
18
156.9
Revocation
of
license
to
practice
mortuary
science
or
19
operate
a
cremation
establishment
.
20
1.
Notwithstanding
section
147.87
,
the
board
may
restrict,
21
suspend,
or
revoke
a
license
to
practice
mortuary
science
or
22
operate
a
cremation
establishment,
or
place
a
licensee
on
23
probation.
The
board
shall
adopt
rules
of
procedure
pursuant
24
to
chapter
17A
by
which
to
restrict,
suspend,
or
revoke
a
25
license.
The
board
may
also
adopt
rules
pursuant
to
chapter
26
17A
relating
to
conditions
of
license
reinstatement.
27
2.
In
addition
to
the
grounds
stated
in
sections
147.55
and
28
272C.10
,
the
board
may
revoke
or
suspend
the
license
of,
or
29
otherwise
discipline,
a
funeral
director
or
crematory
operator
30
for
any
one
of
the
following
acts:
31
a.
Knowingly
misrepresenting
any
material
matter
to
a
32
prospective
purchaser
of
funeral
merchandise,
furnishings,
or
33
services.
34
b.
A
violation
of
chapter
144
related
to
the
practice
of
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mortuary
science
or
the
operation
of
a
cremation
establishment
.
1
c.
Knowingly
aiding,
assisting,
procuring,
advising,
or
2
allowing
a
person
to
unlawfully
practice
mortuary
science
or
3
operate
a
cremation
establishment
or
crematory
equipment
.
4
d.
Willful
or
repeated
violations
of
this
chapter
,
or
the
5
rules
adopted
pursuant
to
this
chapter
.
6
Sec.
4.
Section
156.12,
Code
2025,
is
amended
to
read
as
7
follows:
8
156.12
Funeral
directors
and
crematory
operators
——
9
solicitation
of
business
——
exceptions
——
penalty.
10
Every
funeral
director
or
crematory
operator
,
or
person
11
acting
on
behalf
of
a
funeral
director
or
crematory
operator
,
12
who
pays
or
causes
to
be
paid
any
money
or
other
thing
of
value
13
as
a
commission
or
gratuity
for
the
securing
of
business
for
14
the
funeral
director
or
crematory
operator
,
and
every
person
15
who
accepts
or
offers
to
accept
any
money
or
other
thing
of
16
value
as
a
commission
or
gratuity
from
a
funeral
director
or
17
crematory
operator
in
order
to
secure
business
for
the
funeral
18
director
or
crematory
operator
commits
a
simple
misdemeanor.
19
This
section
does
not
prohibit
any
person,
firm,
cooperative
20
burial
association,
or
corporation,
subject
to
the
provisions
21
of
this
chapter
,
from
using
legitimate
and
honest
advertising.
22
This
section
does
not
apply
to
sales
made
in
accordance
with
23
chapter
523A
.
24
Sec.
5.
Section
156.14,
subsection
3,
unnumbered
paragraph
25
1,
Code
2025,
is
amended
to
read
as
follows:
26
To
qualify
for
a
funeral
establishment
or
a
cremation
27
establishment
license,
the
applicant
shall
submit
to
the
board
28
a
license
fee
as
determined
by
the
board
and
a
completed
29
application
on
a
form
prescribed
by
the
board
that
shall
30
include
the
following
information
and
be
given
under
oath:
31
Sec.
6.
Section
156.14,
subsection
3,
paragraph
e,
Code
32
2025,
is
amended
to
read
as
follows:
33
e.
The
name
of
the
individual
funeral
director
in
34
charge,
who
has
the
authority
and
responsibility
for
the
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establishment’s
compliance
with
laws
and
rules
pertaining
to
1
the
operation
of
the
establishment.
2
Sec.
7.
Section
156.14,
Code
2025,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
3A.
To
qualify
for
a
cremation
5
establishment
license,
the
applicant
shall
submit
to
the
board
6
a
license
fee
as
determined
by
the
board
and
a
completed
7
application
on
a
form
prescribed
by
the
board
that
shall
8
include
the
following
information
and
be
given
under
oath:
9
a.
Ownership
of
the
establishment.
10
b.
Location
of
the
establishment.
11
c.
The
license
number
of
each
funeral
director
or
crematory
12
operator
employed
by
the
establishment
at
the
time
of
the
13
application.
14
d.
The
trade
or
corporate
name
of
the
establishment.
15
e.
The
name
of
the
funeral
director
or
crematory
operator
16
in
charge,
who
has
the
authority
and
responsibility
for
the
17
establishment’s
compliance
with
laws
and
rules
pertaining
to
18
the
operation
of
the
establishment.
19
Sec.
8.
Section
156.14,
subsection
4,
Code
2025,
is
amended
20
to
read
as
follows:
21
4.
A
person
who
falsely
makes
the
affidavit
prescribed
in
22
subsection
3
or
3A
is
subject
to
all
penalties
prescribed
for
23
making
a
false
affidavit.
24
Sec.
9.
Section
156.15,
subsection
2,
paragraph
c,
Code
25
2025,
is
amended
to
read
as
follows:
26
c.
Knowingly
aided,
assisted,
procured,
advised,
or
allowed
27
a
person
to
unlawfully
practice
mortuary
science
or
unlawfully
28
operate
a
crematory
establishment
or
crematory
equipment
.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
licensure
of
crematory
operators
33
and
funeral
establishments.
The
bill
requires
the
board
of
34
mortuary
science
(board)
to
adopt
rules
for
the
licensure
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198
of
crematory
operators,
which
shall
require
an
applicant
1
to
complete
a
course
of
study
of
not
less
than
12
hours
of
2
education
and
practical
instruction
in
the
operation
of
3
crematory
equipment.
The
bill
also
requires
the
board
to
grant
4
a
crematory
operator
license
to
a
funeral
director
who
submits
5
an
application
to
the
board
and
who
has
not
had
a
funeral
6
director’s
license
revoked
or
suspended
by
the
board
within
the
7
two
years
immediately
preceding
the
date
of
application.
8
The
bill
allows
a
person
licensed
as
a
crematory
operator
9
or
funeral
director
to
operate
a
cremation
establishment
but
10
requires
a
person
who
operates
a
funeral
establishment
to
be
11
licensed
as
a
funeral
director.
The
bill
makes
conforming
12
changes
by
making
prohibitions
and
penalties
that
currently
13
apply
to
funeral
directors
also
apply
to
crematory
operators.
14
The
bill
makes
the
payment
of
anything
of
value
to
secure
15
business
for
a
crematory
operator
a
simple
misdemeanor.
A
16
simple
misdemeanor
is
punishable
by
confinement
for
no
more
17
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
18
A
person
who
falsely
makes
an
affidavit
in
the
application
for
19
a
crematory
establishment
license
is
subject
to
all
penalties
20
prescribed
for
making
a
false
affidavit.
21
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