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Senate
File
563
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Senate
File
563
AN
ACT
RELATING
TO
THE
LICENSURE
OF
CREMATORY
OPERATORS
AND
FUNERAL
ESTABLISHMENTS,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
156.1,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
“Crematory
operator”
means
a
person
licensed
by
the
board
to
operate
a
cremation
establishment
and
crematory
equipment.
Sec.
2.
NEW
SECTION
.
156.6
Crematory
operators.
1.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
for
the
licensure
of
crematory
operators.
The
rules
shall
require
an
applicant
to
complete
a
specialized
course
in
cremation,
approved
by
the
board,
from
a
nationally
recognized
organization.
2.
Notwithstanding
subsection
1,
the
board
shall
issue
a
crematory
operator
license
to
a
funeral
director
who
submits
an
application
in
a
form
prescribed
by
the
board.
Sec.
3.
Section
156.9,
Code
2025,
is
amended
to
read
as
follows:
156.9
Revocation
of
license
to
practice
mortuary
science
or
operate
a
cremation
establishment
.
Senate
File
563,
p.
2
1.
Notwithstanding
section
147.87
,
the
board
may
restrict,
suspend,
or
revoke
a
license
to
practice
mortuary
science
or
operate
a
cremation
establishment,
or
place
a
licensee
on
probation.
The
board
shall
adopt
rules
of
procedure
pursuant
to
chapter
17A
by
which
to
restrict,
suspend,
or
revoke
a
license.
The
board
may
also
adopt
rules
pursuant
to
chapter
17A
relating
to
conditions
of
license
reinstatement.
2.
In
addition
to
the
grounds
stated
in
sections
147.55
and
272C.10
,
the
board
may
revoke
or
suspend
the
license
of,
or
otherwise
discipline,
a
funeral
director
or
crematory
operator
for
any
one
of
the
following
acts:
a.
Knowingly
misrepresenting
any
material
matter
to
a
prospective
purchaser
of
funeral
merchandise,
furnishings,
or
services.
b.
A
violation
of
chapter
144
related
to
the
practice
of
mortuary
science
or
the
operation
of
a
cremation
establishment
.
c.
Knowingly
aiding,
assisting,
procuring,
advising,
or
allowing
a
person
to
unlawfully
practice
mortuary
science
or
operate
a
cremation
establishment
or
crematory
equipment
.
d.
Willful
or
repeated
violations
of
this
chapter
,
or
the
rules
adopted
pursuant
to
this
chapter
.
Sec.
4.
Section
156.12,
Code
2025,
is
amended
to
read
as
follows:
156.12
Funeral
directors
and
crematory
operators
——
solicitation
of
business
——
exceptions
——
penalty.
Every
funeral
director
or
crematory
operator
,
or
person
acting
on
behalf
of
a
funeral
director
or
crematory
operator
,
who
pays
or
causes
to
be
paid
any
money
or
other
thing
of
value
as
a
commission
or
gratuity
for
the
securing
of
business
for
the
funeral
director
or
crematory
operator
,
and
every
person
who
accepts
or
offers
to
accept
any
money
or
other
thing
of
value
as
a
commission
or
gratuity
from
a
funeral
director
or
crematory
operator
in
order
to
secure
business
for
the
funeral
director
or
crematory
operator
commits
a
simple
misdemeanor.
This
section
does
not
prohibit
any
person,
firm,
cooperative
burial
association,
or
corporation,
subject
to
the
provisions
of
this
chapter
,
from
using
legitimate
and
honest
advertising.
This
section
does
not
apply
to
sales
made
in
accordance
with
chapter
523A
.
Senate
File
563,
p.
3
Sec.
5.
Section
156.14,
subsection
3,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
To
qualify
for
a
funeral
establishment
or
a
cremation
establishment
license,
the
applicant
shall
submit
to
the
board
a
license
fee
as
determined
by
the
board
and
a
completed
application
on
a
form
prescribed
by
the
board
that
shall
include
the
following
information
and
be
given
under
oath:
Sec.
6.
Section
156.14,
subsection
3,
paragraph
e,
Code
2025,
is
amended
to
read
as
follows:
e.
The
name
of
the
individual
funeral
director
in
charge,
who
has
the
authority
and
responsibility
for
the
establishment’s
compliance
with
laws
and
rules
pertaining
to
the
operation
of
the
establishment.
Sec.
7.
Section
156.14,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
To
qualify
for
a
cremation
establishment
license,
the
applicant
shall
submit
to
the
board
a
license
fee
as
determined
by
the
board
and
a
completed
application
on
a
form
prescribed
by
the
board
that
shall
include
the
following
information
and
be
given
under
oath:
a.
Ownership
of
the
establishment.
b.
Location
of
the
establishment.
c.
The
license
number
of
each
funeral
director
or
crematory
operator
employed
by
the
establishment
at
the
time
of
the
application.
d.
The
trade
or
corporate
name
of
the
establishment.
e.
The
name
of
the
funeral
director
or
crematory
operator
in
charge,
who
has
the
authority
and
responsibility
for
the
establishment’s
compliance
with
laws
and
rules
pertaining
to
the
operation
of
the
establishment.
Sec.
8.
Section
156.14,
subsection
4,
Code
2025,
is
amended
to
read
as
follows:
4.
A
person
who
falsely
makes
the
affidavit
prescribed
in
subsection
3
or
3A
is
subject
to
all
penalties
prescribed
for
making
a
false
affidavit.
Sec.
9.
Section
156.15,
subsection
2,
paragraph
c,
Code
2025,
is
amended
to
read
as
follows:
c.
Knowingly
aided,
assisted,
procured,
advised,
or
allowed
Senate
File
563,
p.
4
a
person
to
unlawfully
practice
mortuary
science
or
unlawfully
operate
a
crematory
establishment
or
crematory
equipment
.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
563,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor