HOUSE BILL No. 2262
AN ACT concerning public health; relating to embalmer educational requirements;
allowing an individual to complete six months of an embalmer apprenticeship prior
to enrolling in a school of mortuary science; amending K.S.A. 65-1701a and 65-1703
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1701a is hereby amended to read as follows:
65-1701a. (a) Except as otherwise provided by K.S.A. 65-1701b, and
amendments thereto, each applicant for a license to practice embalming
in this state, in order to be eligible for examination, shall be required to
show to the satisfaction of the state board of mortuary arts that:
(1) Prior to July 1, 1991, the applicant: (A) Successfully
completed courses in a community college, college or university
accumulating at least 60 semester hours; and (B) attended graduated
from a school of mortuary science approved by the board which that
offers a twelve-month 12-month course in mortuary science and prior
to the effective date of this act graduated therefrom accumulating
during this training with at least 30 semester hours in mortuary science;
or
(2) on and after July 1, 1991, the applicant has graduated from a
community college, college or university with at least an AA degree in
mortuary science, which degree program is approved by the board.
(b) Except as otherwise provided in K.S.A. 65-1701b, and
amendments thereto, each applicant for a license to practice embalming
in this state, in order to be eligible for a full apprenticeship, as provided
in subsection (c), shall be required to submit to an examination
approved by the state board of mortuary arts. An applicant who is
completing a split apprenticeship, as provided in subsection (c), in
order to be eligible for the second six-month period of the
apprenticeship, shall be required to submit to an examination approved
by the board. Each applicant shall be required to register with the
secretary of the board in the manner and at the time required by the
board before submitting to examination. The examination fee and
registration fee shall be in the amounts fixed by the board in
accordance with K.S.A. 65-1727, and amendments thereto. The board
may require that fees paid for an examination be paid by the person
taking the examination directly to the examination service providing
the examination approved by the board.
(c) Except as otherwise provided by K.S.A. 65-1701b, and
amendments thereto, each applicant for a license to practice embalming
in this state, in order to be eligible for licensure, shall successfully pass
a written examination established by rules and regulations of the board
and shall successfully serve complete a full-time 12-month
apprenticeship of one year under the supervision of a Kansas licensed
embalmer or an embalmer approved by the board. The board by rules
and regulations shall establish the score for the successful completion
of the written examination.
(1) Such 12-month apprenticeship may be completed as either a:
(A) Full apprenticeship, with all 12 months being served after
graduation from a school of mortuary science; or
(B) split apprenticeship, wherein the 12-month apprenticeship is
split into two continuous six-month periods. The first six-month period
shall be completed within the 12 months prior to enrollment in a school
of mortuary science, and the remaining six-month period shall be
completed after graduation from such school of mortuary science.
(d) (1) The board shall adopt rules and regulations establishing the
criteria which a school of mortuary science or college or university
offering at least an AA degree in mortuary science shall satisfy in order
to obtain board approval under subsection (a).
(2) The board may send a questionnaire developed by the board to HOUSE BILL No. 2262—page 2
any school of mortuary science or college or university offering at least
an AA degree in mortuary science for which the board does not have
sufficient information to determine whether the school, college or
university meets the criteria for approval established by rules and
regulations adopted under this section. The questionnaire providing the
necessary information shall be completed and returned to the board in
order for the school, college or university to be considered for approval.
(3) The board may contract with investigative agencies,
commissions or consultants to assist the board in obtaining information
about such schools, colleges or universities. In entering such contracts
the authority to approve schools, colleges or universities shall remain
solely with the board.
Sec. 2. K.S.A. 65-1703 is hereby amended to read as follows: 65-
1703. (a) (1) It is unlawful for any person who is not licensed as an
embalmer to advertise, practice, offer to practice, or hold oneself out as
practicing the science of embalming, either by arterial or cavity
treatment, or otherwise, in this state, or to embalm any dead human
body for shipment or transportation by common or private carrier.
(2) It is unlawful for any common carrier to receive for
transportation or to transport any dead human body unless the body has
been prepared by a licensed embalmer, in accordance with this act and
the rules and regulations of the board.
(3) No one except a licensed embalmer, an apprentice embalmer
or a student embalmer under the provisions of this act and rules and
regulations of the board shall be permitted to do any of the actual
embalming of a dead human body, and no licensed embalmer shall
permit anyone who is not a licensed embalmer, an apprentice embalmer
or a student embalmer assigned to such embalmer, to perform in such
embalmer's place of business, or elsewhere, or under such embalmer's
supervision, any of the actual embalming of a dead human body, or
perform any act necessary to embalm and preserve a dead human body.
(b) Student embalmers shall preregister or register with the board
and be under the direct personal supervision of a licensed Kansas
embalmer at all times during the embalming process. Apprentice
embalmers shall be under the personal supervision of a licensed
embalmer except under a split apprenticeship pursuant to K.S.A. 65-
1701a, and amendments thereto, during which the apprentice
embalmer shall be under the direct personal supervision of a licensed
embalmer for the first six-month period.
(c) As used in this section:
(1) The term "Actual embalming" as used in this section shall not
be construed to does not include dressing the hair, bathing, moving or
dressing the body, or cosmetic work.
(2) The term "Direct personal supervision" means that a licensed
Kansas embalmer takes full responsibility for actions of the student
embalmer and shall be physically present at all times.
(3) The term "Personal supervision" means that a licensed
embalmer takes full responsibility for the actions of the apprentice
embalmer, but does not require any physical presence. HOUSE BILL No. 2262—page 3
Sec. 3. K.S.A. 65-1701a and 65-1703 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above Bill originated in the House, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.