Funeral Services Practitioners Act-amendments.

ORIGINAL
Senate
File No
.
SF0082

ENROLLED ACT NO.

29
,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to the Funeral Service Practitioners Act; amending a definition; clarifying the functions of funeral directors; clarifying the separation of licenses and permits; clarifying the ability of the board to require certification to operate a crematory or chemical disposition facility; clarifying the extent to which an unlicensed person may assist in the operation of a crematory or chemical disposition facility; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 33
‑
16
‑
502(a)(xv)
(intro)
, 33
‑
16
‑
515, 33
‑
16
‑
525, 33
‑
16
‑
528, 33
‑
16
‑
530(c)(i) and by creating a new paragraph (iv) are amended to read:

33
‑
16
‑
502.

Definitions.

(a)

As used in this act:

(xv)

"Funeral director" means a person who assumes the responsibility for the operations of a particular funeral establishment or multiple funeral establishments,

or crematory or multiple crematories, or a chemical disposition facility or multiple chemical disposition facilities,
who ensures that the

funeral
establishment
, crematory or chemical disposition facility
complies with this chapter and all other laws under which the funeral establishment
, crematory or chemical disposition facility
is operated, who is permitted by law to perform funeral directing and who:

33
‑
16
‑
515.

Funeral services to be conducted in permitted funeral establishment by licensee or registrant.

The business of a funeral service practice shall be conducted in a funeral establishment that has been issued a permit by the board. Unlicensed individuals employed by a funeral establishment may assist funeral directors and funeral service practitioners in the area of funeral service practice, under the supervision of a licensed funeral service practitioner. Individuals not licensed by the board as funeral service practitioners or registered as apprentice funeral service practitioners shall not conduct other activities incidental to the practice of embalming and shall not embalm, cremate or chemically dispose of human remains
,
except as
otherwise
allowed in
W.S. 33
‑
16
‑
530
.

33
‑
16
‑
525.

License
s and permits
to be signed and displayed; business to be in name of
permitted business
.

Every license

or permit
issued under this act shall specify the name of the licensee

or permit
t
ee
, shall be signed by the licensee

or authorized designee of the permit
t
ee
and shall be displayed conspicuously in the place of business or employment of the licensee. No funeral establishment shall be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name

of the business
appearing
as licensee in the license

on the establishment's permit

issued by the board.

33
‑
16
‑
528.

Persons barred from embalming room; exceptions.

It shall be the duty of every funeral director and funeral service practitioner, not to permit any person or persons to enter any room in any funeral establishment where dead bodies are being embalmed, except licensed funeral service practitioners and their assistants

or apprentic
e
s
, funeral directors and their apprentices, public officers in the discharge of their official duties, and attending
physicians and their assistants, unless by direct permission of the immediate family.

33
‑
16
‑
530.

Crematory operator; chemical disposer; permit required; qualifications.

(c)

Every person desiring to operate a crematory or chemically dispose of human remains within the state of Wyoming shall apply to the board for a crematory permit or a chemical disposition facility permit, upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and satisfactory evidence of the following:

(i)

The applicant, unless an organization, shall be a licensed funeral service practitioner

or funeral director
who is a shareholder or officer in or is directly employed by a licensed funeral establishment. The applicant, when an organization, shall be a funeral establishment permitted by the board that employs at least one (1) licensed funeral service practitioner assigned as the funeral service licensee responsible for the crematory or chemical disposition facility;

(iv)

An employee who is not a licensed funeral service practitioner may assist in the operation of a crematory or chemical
disposition
facility to the extent di
rect
ed by a funeral service practitioner following the facility's receipt of human remains in a closed cremation container. An employe
e
who is not a funeral service practitioner shall not handle human remains or open a closed cremation container. The employee may conduct the full crematory or chemical disposition process under the direction of a funeral service practitioner or funeral director. The funeral service practitioner overseeing the facility shall successfully complete a crematory or chemical disposition facility operator's certification program
approved by the board. The supervising funeral
service practitioner
shall
ensure that employees who are operating crematories under the direction of a funeral service practitioner or funeral director successfully complete a crematory or chemical disposition operator's certification program approved by the board. The board may waive or extend the time to
complete
the certification program required by this section due to hardship or difficulty in
complet
ing the required certification program.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

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