Senate File 563 - Introduced SENATE FILE 563 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 198) 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 2465SV (3) 91 ss/ko
S.F. 563 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 7 for the licensure of crematory operators. The rules shall 8 require an applicant to complete a specialized course in 9 cremation, approved by the board, from a nationally recognized 10 organization. 11 2. Notwithstanding subsection 1, the board shall issue a 12 crematory operator license to a funeral director who submits an 13 application in a form prescribed by the board. 14 Sec. 3. Section 156.9, Code 2025, is amended to read as 15 follows: 16 156.9 Revocation of license to practice mortuary science or 17 operate a cremation establishment . 18 1. Notwithstanding section 147.87 , the board may restrict, 19 suspend, or revoke a license to practice mortuary science or 20 operate a cremation establishment, or place a licensee on 21 probation. The board shall adopt rules of procedure pursuant 22 to chapter 17A by which to restrict, suspend, or revoke a 23 license. The board may also adopt rules pursuant to chapter 24 17A relating to conditions of license reinstatement. 25 2. In addition to the grounds stated in sections 147.55 and 26 272C.10 , the board may revoke or suspend the license of, or 27 otherwise discipline, a funeral director or crematory operator 28 for any one of the following acts: 29 a. Knowingly misrepresenting any material matter to a 30 prospective purchaser of funeral merchandise, furnishings, or 31 services. 32 b. A violation of chapter 144 related to the practice of 33 mortuary science or the operation of a cremation establishment . 34 c. Knowingly aiding, assisting, procuring, advising, or 35 -1- LSB 2465SV (3) 91 ss/ko 1/ 4
S.F. 563 allowing a person to unlawfully practice mortuary science or 1 operate a cremation establishment or crematory equipment . 2 d. Willful or repeated violations of this chapter , or the 3 rules adopted pursuant to this chapter . 4 Sec. 4. Section 156.12, Code 2025, is amended to read as 5 follows: 6 156.12 Funeral directors and crematory operators 7 solicitation of business exceptions penalty. 8 Every funeral director or crematory operator , or person 9 acting on behalf of a funeral director or crematory operator , 10 who pays or causes to be paid any money or other thing of value 11 as a commission or gratuity for the securing of business for 12 the funeral director or crematory operator , and every person 13 who accepts or offers to accept any money or other thing of 14 value as a commission or gratuity from a funeral director or 15 crematory operator in order to secure business for the funeral 16 director or crematory operator commits a simple misdemeanor. 17 This section does not prohibit any person, firm, cooperative 18 burial association, or corporation, subject to the provisions 19 of this chapter , from using legitimate and honest advertising. 20 This section does not apply to sales made in accordance with 21 chapter 523A . 22 Sec. 5. Section 156.14, subsection 3, unnumbered paragraph 23 1, Code 2025, is amended to read as follows: 24 To qualify for a funeral establishment or a cremation 25 establishment license, the applicant shall submit to the board 26 a license fee as determined by the board and a completed 27 application on a form prescribed by the board that shall 28 include the following information and be given under oath: 29 Sec. 6. Section 156.14, subsection 3, paragraph e, Code 30 2025, is amended to read as follows: 31 e. The name of the individual funeral director in 32 charge, who has the authority and responsibility for the 33 establishments compliance with laws and rules pertaining to 34 the operation of the establishment. 35 -2- LSB 2465SV (3) 91 ss/ko 2/ 4
S.F. 563 Sec. 7. Section 156.14, Code 2025, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 3A. To qualify for a cremation 3 establishment license, the applicant shall submit to the board 4 a license fee as determined by the board and a completed 5 application on a form prescribed by the board that shall 6 include the following information and be given under oath: 7 a. Ownership of the establishment. 8 b. Location of the establishment. 9 c. The license number of each funeral director or crematory 10 operator employed by the establishment at the time of the 11 application. 12 d. The trade or corporate name of the establishment. 13 e. The name of the funeral director or crematory operator 14 in charge, who has the authority and responsibility for the 15 establishments compliance with laws and rules pertaining to 16 the operation of the establishment. 17 Sec. 8. Section 156.14, subsection 4, Code 2025, is amended 18 to read as follows: 19 4. A person who falsely makes the affidavit prescribed in 20 subsection 3 or 3A is subject to all penalties prescribed for 21 making a false affidavit. 22 Sec. 9. Section 156.15, subsection 2, paragraph c, Code 23 2025, is amended to read as follows: 24 c. Knowingly aided, assisted, procured, advised, or allowed 25 a person to unlawfully practice mortuary science or unlawfully 26 operate a crematory establishment or crematory equipment . 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanations substance by the members of the general assembly. 30 This bill relates to the licensure of crematory operators 31 and funeral establishments. The bill requires the board of 32 mortuary science (board) to adopt rules for the licensure 33 of crematory operators, which shall require an applicant to 34 complete a specialized course in cremation from a nationally 35 -3- LSB 2465SV (3) 91 ss/ko 3/ 4
S.F. 563 recognized organization. The bill also requires the board to 1 grant a crematory operator license to a funeral director who 2 submits an application to the board. 3 The bill allows a person licensed as a crematory operator 4 or funeral director to operate a cremation establishment but 5 requires a person who operates a funeral establishment to be 6 licensed as a funeral director. The bill makes conforming 7 changes by making prohibitions and penalties that currently 8 apply to funeral directors also apply to crematory operators. 9 The bill makes the payment of anything of value to secure 10 business for a crematory operator a simple misdemeanor. A 11 simple misdemeanor is punishable by confinement for no more 12 than 30 days and a fine of at least $105 but not more than $855. 13 A person who falsely makes an affidavit in the application for 14 a crematory establishment license is subject to all penalties 15 prescribed for making a false affidavit. 16 -4- LSB 2465SV (3) 91 ss/ko 4/ 4