Funeral Services Licensing Amendments

18
58-9-102
58-9-611
58-9-613
58-9-614
58-9-617
58-9-618
0
Funeral Services Licensing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to funeral services licensing.
Highlighted Provisions:
This bill:
amends provisions relating to the final placement of remains;
removes the option for an oral preneed funeral agreement;
removes the requirement that a funeral service establishment receive a receipt before
releasing remains from alkaline hydrolysis and cremation; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-9-102
, as last amended by Laws of Utah 2020, Chapter 354
58-9-611
, as last amended by Laws of Utah 2018, Chapter 326
58-9-613
, as last amended by Laws of Utah 2023, Chapter 111
58-9-614
, as enacted by Laws of Utah 2018, Chapter 326
58-9-617
, as enacted by Laws of Utah 2018, Chapter 326
58-9-618
, as enacted by Laws of Utah 2018, Chapter 326
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-9-102
is amended to read:
58-9-102
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
(a)
"Alkaline hydrolysis" means a water-based dissolution process using alkaline
chemicals, heat, and sometimes agitation or pressure that reduces human remains to a
liquid and to dry bone residue
and
.
(b)
"Alkaline hydrolysis"
includes the disposal of the liquid and the processing and
pulverization of the dry bone residue.
(2)
"Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of
human remains.
(3)
"Alkaline hydrolysis container" means a container:
(a)
in which human remains are transported to a funeral service establishment and
placed in an alkaline hydrolysis chamber for
resomation
the alkaline hydrolysis
process
; and
(b)
that meets substantially all of the following standards:
(i)
able to be closed in order to provide a complete covering for the human remains;
(ii)
resistant to leakage or spillage;
(iii)
rigid enough for handling with ease; and
(iv)
able to provide protection for the health, safety, and personal integrity of
crematory personnel.
(4)
"Authorizing agent" means a person legally entitled to authorize the cremation or the
alkaline hydrolysis process of human remains.
(5)
"Beneficiary" means the individual who, at the time of the individual's death,
is to
receive
receives
the benefit of the property and services purchased under a preneed
funeral arrangement.
(6)
"Board" means the Board of Funeral Service created in Section
58-9-201
.
(7)
"Body part" means:
(a)
a limb or other portion of the anatomy that is removed from
a person
an individual

or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or
medical research; or
(b)
a human body or any portion of a body that has been donated to science for medical
research purposes.
(8)
"Buyer" means a person who purchases a preneed funeral arrangement.
(9)
"Calcination" means a process in which a dead human body is reduced by intense heat
to a residue that is not as substantive as the residue that follows cremation.
(10)
"Cremated remains" means all the remains of a cremated body recovered after the
completion of the cremation process, including pulverization
which
that
leaves only
bone fragments reduced to unidentifiable dimensions and may possibly include the
residue of foreign matter including casket material, bridgework, or eyeglasses that were
cremated with the human remains.
(11)
(a)
"Cremation" means the technical process, using direct flame and heat, or a
chemical process, that reduces human remains to bone fragments through heat and
evaporation, or a chemical process
, and
.
(b)
"Cremation"
includes the processing and usually the pulverization of the bone
fragments.
(12)
"Cremation chamber" means the enclosed space within which the cremation process
takes place and which is used exclusively for the cremation of human remains.
(13)
"Cremation container" means the container:
(a)
in which the human remains are transported to the crematory and placed in the
cremation chamber for cremation; and
(b)
that meets substantially all of the following standards:
(i)
composed of readily combustible or consumable materials suitable for cremation;
(ii)
able to be closed in order to provide a complete covering for the human remains;
(iii)
resistant to leakage or spillage;
(iv)
rigid enough for handling with ease; and
(v)
able to provide protection for the health, safety, and personal integrity of
crematory personnel.
(14)
"Crematory" means the building or portion of a building that houses the cremation
chamber and the holding facility.
(15)
"Direct disposition" means the disposition of a dead human body:
(a)
as quickly as law allows;
(b)
without preparation of the body by embalming; and
(c)
without an attendant funeral service or graveside service.
(16)
"Disposition" means the final disposal of a dead human body by:
(a)
earth interment;
(b)
above ground burial;
(c)
cremation;
(d)
calcination;
(e)
alkaline hydrolysis;
(f)
burial at sea;
(g)
delivery to a medical institution; or
(h)
other lawful means.
(17)
"Embalming" means replacing body fluids in a dead human body with preserving and
disinfecting chemicals.
(18)
"Final placement of remains" means, if a disposition yields any remaining residual
matter as a direct result of the disposition, the final storage, placement, or other manner
of disposing of the remaining residual matter.
(18)
(19)
(a)
"Funeral merchandise" means any of the following into which a dead
human body is placed in connection with the transportation or disposition of the body:
(i)
a vault;
(ii)
a casket; or
(iii)
other personal property.
(b)
"Funeral merchandise" does not include:
(i)
a mausoleum crypt;
(ii)
an interment receptacle preset in a cemetery; or
(iii)
a columbarium niche.
(19)
(20)
"Funeral service" means a service, rite, or ceremony performed:
(a)
with respect to the death of a human; and
(b)
with the body of the deceased present.
(20)
(21)
"Funeral service director" means an individual licensed under this chapter who
may engage in all lawful professional activities regulated and defined under the practice
of funeral service.
(21)
(22)
(a)
"Funeral service establishment" means a place of business at a specific
street address or location licensed under this chapter that is devoted to:
(i)
the embalming, care, custody, shelter, preparation for burial, and final disposition
or final placement of remains
of dead human bodies; and
(ii)
the furnishing of services, merchandise, and products purchased from the
establishment as a preneed provider under a preneed funeral arrangement.
(b)
"Funeral service establishment" includes:
(i)
all portions of the business premises and all tools, instruments, and supplies used
in the preparation and embalming of dead human bodies for
burial, cremation,
alkaline hydrolysis, and final disposition as defined by division rule
disposition
;
and
(ii)
a facility used by the business in which funeral services may be conducted.
(22)
(23)
"Funeral service intern" means an individual licensed under this chapter who is
permitted to:
(a)
assist a funeral service director in the embalming or other preparation of a dead
human body for disposition;
(b)
assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or
pulverization of a dead human body or
its
the body's
remains; and
(c)
perform other funeral service activities under the supervision of a funeral service
director.
(23)
(24)
"Graveside service" means a funeral service held at the location of
disposition
an earth internment
.
(24)
(25)
"Memorial service" means a service, rite, or ceremony performed:
(a)
with respect to the death of a human; and
(b)
without the body of the deceased present.
(25)
(26)
"Practice of funeral service" means:
(a)
supervising the receipt of custody and transportation of a dead human body to
prepare the body for:
(i)
disposition; or
(ii)
shipment to another location;
(b)
entering into a contract with a person to provide professional services regulated
under this chapter;
(c)
embalming or otherwise preparing a dead human body for disposition;
(d)
supervising the arrangement or conduct of:
(i)
a funeral service;
(ii)
a graveside service; or
(iii)
a memorial service;
(e)
cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or
the body's remains;
(f)
supervising the arrangement of:
(i)
a disposition; or
(ii)
a direct disposition;
(g)
facilitating:
(i)
a disposition; or
(ii)
a direct disposition;
(h)
supervising the sale of funeral merchandise by a funeral establishment;
(i)
managing or otherwise being responsible for the practice of funeral service in a
licensed funeral service establishment;
(j)
supervising the sale of a preneed funeral arrangement; and
(k)
contracting with or employing individuals to sell a preneed funeral arrangement.
(26)
(27)
(a)
"Preneed funeral arrangement" means a written
or oral
agreement sold in
advance of the death of the beneficiary under which a person agrees with a buyer to
provide at the death of the beneficiary any of the following as are typically provided
in connection with a disposition:
(i)
goods;
(ii)
services, including:
(A)
embalming services; and
(B)
funeral directing services;
(iii)
real property; or
(iv)
personal property, including:
(A)
a casket;
(B)
another primary container;
(C)
a cremation, alkaline hydrolysis, or transportation container;
(D)
an outer burial container;
(E)
a vault;
(F)
a grave liner;
(G)
funeral clothing and accessories;
(H)
a monument;
(I)
a grave marker; and
(J)
a cremation or alkaline hydrolysis urn.
(b)
"Preneed funeral arrangement" does not include a policy or product of life insurance
providing a death benefit cash payment upon the death of the beneficiary
which
that

is not limited to providing the products or services described in Subsection
(26)(a)
(27)(a)
.
(27)
(28)
"Processing" means the reduction of identifiable bone fragments after the
completion of the cremation or the alkaline hydrolysis process to unidentifiable bone
fragments by manual means.
(28)
(29)
"Pulverization" means the reduction of identifiable bone fragments after the
completion of the cremation or alkaline hydrolysis and processing to granulated particles
by manual or mechanical means.
(29)
"Resomation" means the alkaline hydrolysis process.
(30)
"Sales agent" means an individual licensed under this chapter as a preneed funeral
arrangement sales agent.
(31)
"Temporary container" means a receptacle for cremated or alkaline hydrolysis remains
usually made of cardboard, plastic, or similar material designed to hold the cremated
remains until an urn or other permanent container is acquired.
(32)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-9-501
.
(33)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501

and
58-9-502
.
(34)
"Urn" means a receptacle designed to permanently encase cremated or alkaline
hydrolysis remains.
Section 2. Section
58-9-611
is amended to read:
58-9-611
. Final placement of remains from cremation.
(1)
(a)
An authorizing agent shall provide the person with whom cremation arrangements
are made with a signed statement specifying the final
disposition
placement
of the
remains from cremation
cremated remains
, if known.
(b)
The funeral services establishment shall retain a copy of the statement.
(2)
(a)
The authorizing agent is responsible for the
disposition of the cremated remains
final placement of remains from cremation
.
(b)
If the authorizing agent or the agent's representative has not specified the
ultimate
disposition
final placement
of
remains from cremation
or claimed the cremated
remains within 60 days
from the date of the cremation
after the day on which the
cremation occurs
, the funeral service establishment may
dispose of the remains
conduct the final placement of remains
in any manner permitted by law, except
scattering.
(c)
The authorizing agent shall reimburse the funeral services establishment for all
reasonable costs incurred in disposing of the cremated remains under Subsection
(2)(b)
.
(d)
The person or entity
disposing of cremated remains
conducting the final placement
of remains from cremation
under this section:
(i)
shall make and keep a record of the
disposition of the remains
final placement of
remains
; and
(ii)
is discharged from any legal obligation or liability concerning the remains once
the
disposition has been made
person conducts the final placement of remains
.
(e)
Subsection
(2)(d)(ii)
applies to cremated remains in the possession of a funeral
services establishment or other responsible party as of May 5, 2008, or any time after
that date.
(3)
(a)
An authorizing agent may direct a funeral service establishment to
dispose of
conduct the final placement of remains
or arrange for the
disposition of cremated
remains
final placement of remains from cremation
:
(i)
in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii)
by scattering the cremated remains over uninhabited public land, the sea, or other
public waterways subject to health and environmental laws and regulations; or
(iii)
in any manner on the private property of a consenting owner.
(b)
If
cremated remains are to be disposed of
the authorizing agent intends to conduct
the final placement of remains
on private property, other than dedicated cemetery
property, the authorizing agent shall provide the funeral service establishment with
the written consent of the property owner
prior to disposal of the remains
before the
final placement of remains
.
(c)
In order to scatter cremated remains under Subsection
(3)(a)(ii)
or
(iii)
, the remains
must be reduced to a particle size of one-eighth inch or less and removed from
their
the remains'
closed container.
(4)
A funeral service establishment may not release cremated remains for scattering under
this section to the authorizing agent or the agent's designated representative until the
funeral service establishment is given a receipt that shows the proper filing has been
made with the local registrar of births and deaths.
Section 3. Section
58-9-613
is amended to read:
58-9-613
. Authorization for alkaline hydrolysis -- Penalties for removal of items
from human remains.
(1)
Except as otherwise provided in this section, a funeral service establishment may not
perform alkaline hydrolysis on human remains until the funeral service establishment
has received:
(a)
an alkaline hydrolysis authorization form signed by an authorizing agent;
(b)
a completed and executed burial transit permit or similar document, as provided by
state law, indicating that disposition of the human remains is to be by alkaline
hydrolysis; and
(c)
any other documentation required by the state, county, or municipality.
(2)
(a)
The alkaline hydrolysis authorization form shall contain, at a minimum, the
following information:
(i)
the identity of the human remains and the time and date of death, including a
signed declaration of visual identification of the deceased or refusal to visually
identify the deceased;
(ii)
the name of the funeral director and funeral service establishment that obtained
the alkaline hydrolysis authorization;
(iii)
notification as to whether the death occurred from a disease declared by the
Department of Health
and Human Services
to be infectious, contagious,
communicable, or dangerous to the public health;
(iv)
the name of the authorizing agent and the relationship between the authorizing
agent and the decedent;
(v)
a representation that the authorizing agent has the right to authorize the
disposition of the decedent by alkaline hydrolysis and that the authorizing agent is
not aware of any living
person
individual
with a superior or equal priority right to
that of the authorizing agent, except that if there is another living
person
individual
with a superior or equal priority right, the alkaline hydrolysis
authorization form shall contain a representation that the authorizing agent has:
(A)
made reasonable efforts to contact that
person
individual
;
(B)
been unable to do so; and
(C)
no reason to believe that the
person
individual
would object to the disposition
of the decedent by alkaline hydrolysis;
(vi)
authorization for the funeral service establishment to use alkaline hydrolysis for
the disposition of the human remains;
(vii)
the name of the person authorized to receive the human remains from the funeral
service establishment;
(viii)
the manner in which the final
disposition of the human remains
placement of
remains
is to take place, if known;
(ix)
a listing of each item of value to be delivered to the funeral service establishment
along with the human remains, and instructions as to how each item should be
handled;
(x)
the signature of the authorizing agent, attesting to the accuracy of all
representations contained on the alkaline hydrolysis authorization form;
(xi)
if the alkaline hydrolysis authorization form is being executed on a preneed
basis, the disclosure required for preneed programs under this chapter; and
(xii)
except for a preneed alkaline hydrolysis authorization, the signature of the
funeral director of the funeral service establishment that obtained the alkaline
hydrolysis authorization.
(b)
(i)
The
person
individual
referred to in Subsection
(2)(a)(xii)
shall execute the
alkaline hydrolysis authorization form as a witness and is not responsible for any
of the representations made by the authorizing agent.
(ii)
The funeral director or the funeral service establishment shall warrant that the
human remains delivered to the funeral service establishment have been positively
identified by the authorizing agent or a designated representative of the
authorizing agent as the decedent listed on the alkaline hydrolysis authorization
form.
(iii)
The authorizing agent or the agent's designee may make the identification
referred to in Subsection
(2)(b)(ii)
in person or by photograph.
(3)
(a)
A funeral service establishment may not accept unidentified human remains for
alkaline hydrolysis.
(b)
If a funeral service establishment takes custody of an alkaline hydrolysis container
subsequent to
after
the human remains
being
were
placed within the container, the
funeral service establishment can rely on the identification made before the remains
were placed in the container.
(c)
The funeral service establishment shall place appropriate identification on the
exterior of the alkaline hydrolysis container based on the prior identification.
(4)
(a)
A person who removes or possesses dental gold or silver, jewelry, or mementos
from human remains:
(i)
with purpose to deprive another over control of the property is guilty of an offense
and subject to the punishments provided in Section
76-6-404
;
(ii)
with purpose to exercise unauthorized control and with intent to temporarily
deprive another of control over the property is guilty of an offense and subject to
the punishments provided in Section
76-6-404.5
; and
(iii)
under circumstances not amounting to Subsection
(4)(a)(i)
or
(ii)
and without
specific written permission of the individual who has the right to control those
remains is guilty of a class B misdemeanor.
(b)
The fact that residue or any unavoidable dental gold or dental silver or other precious
metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline
hydrolysis process is not a violation of Subsection
(4)(a)
.
Section 4. Section
58-9-614
is amended to read:
58-9-614
. Recordkeeping.
(1)
(a)
A funeral service establishment shall furnish to the
person
individual
who
delivers human remains to the establishment for alkaline hydrolysis a receipt signed
by a representative of the establishment and the
person
individual
making the
delivery, showing:
(i)
the date and time of the delivery;
(ii)
the type of casket or alternative container delivered;
(iii)
the name of the
person
individual
from whom the human remains were received;
(iv)
the name of the funeral establishment or other entity with whom the person
making the delivery is affiliated;
(v)
the name of the
person
individual
who received the human remains on behalf of
the funeral service establishment; and
(vi)
the name of the decedent.
(b)
The funeral service establishment shall keep a copy of the receipt in the funeral
service establishment's permanent records for a period of seven years.
(2)
(a)
Upon release of human remains after alkaline hydrolysis, a funeral service
establishment shall furnish to the
person
individual
who receives the human remains
a receipt signed by a representative of the funeral service establishment and the
person
individual
who receives the human remains, showing:
(i)
the date and time of the release;
(ii)
the name of the person to whom the human remains were released; and
(iii)
if applicable:
(A)
the name of the funeral establishment, cemetery, or other entity with whom
the person receiving the human remains is affiliated;
(B)
the name of the person who released the human remains on behalf of the
funeral service establishment; and
(C)
the name of the decedent.
(b)
(i)
The receipt shall contain a representation from the person receiving the human
remains confirming that the remains will not be used for any improper purpose.
(ii)
Upon release of the human remains, the person to whom the human remains were
released may transport the human remains in any manner in the state, without a
permit, and
dispose of the human remains
conduct the final placement of remains

in accordance with this chapter.
(c)
The funeral service establishment shall retain a copy of the receipt in the funeral
service establishment's permanent records for a period of seven years.
(3)
(a)
The funeral service establishment shall maintain at the funeral service
establishment's place of business a permanent record of each disposition by alkaline
hydrolysis that took place at the funeral service establishment.
(b)
The permanent record shall contain:
(i)
the name of the decedent;
(ii)
the date of disposition by alkaline hydrolysis;
(iii)
the
final disposition of the human remains
final placement of remains
; and
(iv)
any other document required by this chapter.
Section 5. Section
58-9-617
is amended to read:
58-9-617
. Final placement of remains from the alkaline hydrolysis process.
(1)
(a)
An authorizing agent shall provide the person with whom
the authorizing agent
makes
alkaline hydrolysis arrangements
are made with
a signed statement
specifying the final
disposition
placement
of
the
remains from the alkaline
hydrolysis process, if known.
(b)
The funeral service establishment shall retain a copy of the statement.
(2)
(a)
The authorizing agent is responsible for the final
disposition
placement
of
the
remains from the alkaline hydrolysis process.
(b)
If the authorizing agent or the agent's representative has not specified the
ultimate
disposition of
final placement of remains
or claimed the remains from the alkaline
hydrolysis process within 60 days
from the date of the alkaline hydrolysis process
after the day on which the alkaline hydrolysis process occurs
, the funeral service
establishment may
dispose of the remains
conduct the final placement of remains
in
any manner permitted by law, except scattering.
(c)
The authorizing agent shall reimburse the funeral service establishment for all
reasonable costs incurred in
disposing of the remains
conducting the final placement
of remains
from the alkaline hydrolysis process under Subsection
(2)(b)
.
(d)
The person or entity
disposing of remains
conducting the final placement
from the
alkaline hydrolysis process under this section:
(i)
shall make and keep a record of the final
disposition
placement
of
the
remains;
and
(ii)
is discharged from any legal obligation or liability concerning the remains once
the final
disposition
placement of remains
has been made.
(3)
(a)
An authorizing agent may direct a funeral service establishment to
dispose of
conduct the final placement of remains
or arrange for the final
disposition
placement

of remains from the alkaline hydrolysis process:
(i)
in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii)
by scattering the remains over uninhabited public land, the sea, or other public
waterways subject to health and environmental laws and regulations; or
(iii)
in any manner on the private property of a consenting owner.
(b)
If
the authorizing agent intends to conduct the final placement of
remains from the
alkaline hydrolysis process
are to be disposed of
on private property, other than
dedicated cemetery property, the authorizing agent shall provide the funeral service
establishment with the written consent of the property owner before
disposal
the
final placement
of
the
remains.
(c)
In order to scatter remains from the alkaline hydrolysis process under Subsection
(3)(a)(ii)
or
(iii)
, the remains must be reduced to a particle size of one-eighth inch or
less and removed from the remains' closed container.
(4)
Under this section, a funeral service establishment may not release remains from the
alkaline hydrolysis process to the authorizing agent or the agent's designated
representative for scattering until the funeral service establishment is given a receipt that
shows the proper filing has been made with the local registrar of births and deaths.
Section 6. Section
58-9-618
is amended to read:
58-9-618
. Limitation of liability.
(1)
An authorizing agent who signs an alkaline hydrolysis authorization form warrants the
truthfulness of the facts set forth on the form, including:
(a)
the identity of the deceased whose remains are to undergo the alkaline hydrolysis
process; and
(b)
the authorizing agent's authority to order the alkaline hydrolysis process.
(2)
A funeral service establishment may rely upon the representations made by an
authorizing agent under Subsection
(1)
.
(3)
The authorizing agent is personally and individually liable for all damage resulting from
a misstatement or misrepresentation made under Subsection
(1)
.
(4)
(a)
A funeral service establishment may arrange for the alkaline hydrolysis process
upon receipt of an alkaline hydrolysis authorization form signed by an authorizing
agent.
(b)
A funeral service establishment that arranges the alkaline hydrolysis process or
releases or
disposes of human
conducts the final placement of
remains from the
alkaline hydrolysis process pursuant to an alkaline hydrolysis authorization form is
not liable for an action the funeral service establishment takes
pursuant to
in
accordance with
that authorization.
(5)
A funeral service establishment is not responsible or liable for any valuables delivered
to the establishment with human remains.
(6)
A funeral service establishment may refuse to arrange for the alkaline hydrolysis
process of a decedent, to accept human remains for the alkaline hydrolysis process, or to
perform the alkaline hydrolysis process:
(a)
if the
funeral service
establishment is aware of a dispute concerning the disposition
of the human remains and the funeral service establishment has not received a court
order or other suitable confirmation that the dispute has been resolved;
(b)
if the
funeral service
establishment has a reasonable basis for questioning any of the
representations made by an authorizing agent; or
(c)
for any other lawful reason.
(7)
(a)
If a funeral service establishment is aware of a dispute concerning the release or
disposition of remains from the alkaline hydrolysis process in the funeral service
establishment's possession, the establishment may refuse to release the remains until:
(i)
the dispute has been resolved; or
(ii)
the funeral service establishment has received a court order authorizing the
release or disposition of the remains.
(b)
A funeral service establishment is not liable for its refusal to release or
dispose of
remains
conduct the final placement of remains
from the alkaline hydrolysis process
in accordance with this Subsection
(7)
.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-20-26 8:03 PM