| 1 | 1 | | 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 TLSB 2465XS (2) 91 ss/ko |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | S.F. 198 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 directors 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 35 -1- LSB 2465XS (2) 91 ss/ko 1/ 4 |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | S.F. 198 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 35 -2- LSB 2465XS (2) 91 ss/ko 2/ 4 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | S.F. 198 establishments 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 establishments 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 explanations 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 35 -3- LSB 2465XS (2) 91 ss/ko 3/ 4 |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | S.F. 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 directors 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 -4- LSB 2465XS (2) 91 ss/ko 4/ 4 |
|---|