A.R.S. tit. 32 ch. 12 — Arizona Revised Statutes Title 32 Chapter 12 — Funeral Industry Professionals

32-1301. Definitions In this chapter, unless the context otherwise requires: 1. "Accredited" means being recognized or authorized by the American board of funeral service education. 2. "Alkaline hydrolysis" means a form of final disposition that includes all of the following: (a) Reducing a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation and pressure to accelerate natural decomposition. (b) Processing the hydrolyzed remains after they are removed from the alkaline hydrolysis vessel. (c) Placing the processed remains in a hydrolyzed remains container. (d) Releasing the hydrolyzed remains to an appropriate party. 3. "Alkaline hydrolysis container": (a) Means a hydrolyzable or biodegradable closed container or pouch that is resistant to leakage of bodily fluids, that encases a dead human body and into which the body is placed before the container's insertion into an alkaline hydrolysis vessel. (b) Includes a hydrolyzable or biodegradable alternative container or casket. 4. "Alkaline hydrolysis facility" means a building or structure containing one or more alkaline hydrolysis vessels for alkaline hydrolysis. 5. "Alkaline hydrolysis operator" means a person who is trained to carry out the process of alkaline hydrolysis. 6. "Alkaline hydrolysis vessel" means the container in which alkaline hydrolysis is performed. 7. "Alternative container" means any unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for encasing human remains. 8. "Authorizing agent" means a person who is legally entitled to order the cremation, disinterment, alkaline hydrolysis or embalming of human remains pursuant to section 32-1365.02. 9. "Beneficiary" means a person whose future funeral arrangements will be handled by a funeral establishment pursuant to a prearranged funeral agreement. 10. "Business entity" includes any corporation, association, limited liability company, professional corporation, partnership, limited partnership, sole proprietorship, business trust, trust, joint venture and other business entity. 11. "Casket" means a rigid container that is designed to permanently encase human remains and that is usually constructed of wood, metal or synthetic substances and ornamented and lined with fabric. 12. "Change of ownership" means a transfer of a controlling legal or equitable interest in a licensed funeral establishment or crematory resulting from a sale or merger. If the establishment or crematory is operated by a business entity, any transfer of the ownership of ten percent or more of the entity constitutes a change of ownership. 13. "Conviction" means a criminal adjudication or conviction by any state or federal court of competent jurisdiction, including a judgment based on a no contest plea, without regard to whether civil rights have been restored. 14. "Cremated remains" means the remaining bone fragments or soil after cremation. 15. "Cremation" means the process that reduces human remains to bone fragments or soil by combustion, evaporation or natural organic reduction. 16. "Cremation container" means a leak and spill resistant, rigid, combustible, closed receptacle into which human remains are placed before cremation. 17. "Cremationist" means a person who operates a crematory retort, who performs the actual cremation of human remains and who may be licensed pursuant to article 6 of this chapter. 18. "Crematory" means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated. 19. "Department" means the department of health services. 20. "Director" means the director of the department. 21. "Disciplinary action" means an action taken to revoke or suspend a license, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules. 22. "Embalmer" means a person who is licensed pursuant to this chapter and who is engaged in embalming. 23. "Embalming" means the implementation of reconstructive procedures and the process of disinfecting and preserving a dead human body to retard organic decomposition by treating the body to reduce the presence and growth of organisms. 24. "Financial institution" means a bank, savings and loan association, trust company or credit union that is lawfully doing business in this state and that is not affiliated with a funeral establishment. 25. "Fixed price prearranged funeral agreement funded by trust" means any agreement or combination of agreements that establishes a fixed price for funeral goods and services, that requires a funeral establishment to provide those funeral goods and services at the price levels in effect at the time of the execution of the agreement and that requires the purchaser to convey all or a portion of the accrued interest to the funeral establishment at the time that the funeral goods and services are actually provided. 26. "Funded by insurance" means that monies for a prearranged funeral agreement are paid directly to an insurance company licensed pursuant to title 20 on behalf of the beneficiary of the agreement. 27. "Funeral directing" means arranging, directing or providing a service in the disposition of dead human bodies for compensation. 28. "Funeral director" means a person who is licensed pursuant to this chapter and who is engaged in funeral directing. 29. "Funeral establishment" means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies. 30. "Funeral goods and services": (a) Means any personal property or services that are typically sold or provided in connection with the final disposition of human remains, including caskets, alternative containers, outer burial containers, cremation containers, transportation containers, funeral clothing or accessories, monuments, grave markers, urns, embalming services, funeral directing services and similar funeral or burial items. (b) Does not include: (i) Goods and services sold by cemeteries. (ii) Services provided pursuant to a transportation protection agreement. 31. "Holding facility" means a designated area for retaining human remains. 32. "Human remains" means a lifeless human body or parts of a human body that allow a reasonable inference that death occurred. 33. "License" means a written authorization that is issued by the department and that entitles a person to act as a funeral director, cremationist, alkaline hydrolysis operator or embalmer or to operate a funeral establishment, crematory or alkaline hydrolysis facility in this state. 34. "Licensee" means a person to whom the department has issued a license under this chapter. 35. "Manage" means: (a) That a responsible funeral director exercises control and oversight over all employees of a funeral establishment and over funeral transactions, including caring for dead human bodies, funeral services and activities and documenting and retaining records. (b) That a responsible cremationist exercises control and oversight over all employees of a crematory and crematory operations. 36. "National board examination" means the test or tests given by the international conference of funeral service examining boards to determine the entry level knowledge and skills of a person regarding funeral directing and embalming. 37. "Natural organic reduction" means the contained, accelerated conversion of human remains to soil. 38. "Net interest" means interest earned on a prearranged funeral trust account minus applicable taxes, reasonable and necessary charges made by the financial institution and the annual service fee allowed to be deducted by the funeral establishment according to section 32-1391.06, subsection B. 39. "Outer burial container" means a container that is designed for placement in a grave around a casket, including burial vaults, grave boxes and grave liners. 40. "Owner": (a) Means a person who owns ten percent or more of a business entity. (b) Does not include shareholders of companies who have a class of common equity stock listed or authorized to be listed on the New York stock exchange or the American stock exchange or listed on the NASDAQ stock market. 41. "Person legally responsible" means the person responsible for burying a dead body as determined in section 36-831. 42. "Prearranged funeral agreement" means any agreement or combination of agreements under which a payment is made before the death of the intended beneficiary for funeral goods and services to be delivered or performed after the death of the beneficiary. 43. "Prearranged funeral trust account" means a trust account that is established at a financial institution and into which all monies paid on behalf of a beneficiary pursuant to a prearranged funeral agreement are deposited. 44. "Preparation" means washing, shaving, dressing or arranging hair on, applying cosmetics to or positioning bodily features on a dead human body and placing the dead human body in a casket. 45. "Processed cremated remains" means cremated remains, including after they are pulverized and cleaned, leaving primarily small bone fragments or soil. 46. "Provisionally accredited" means being granted candidacy status by the American board of funeral service education. 47. "Responsible cremationist" means a licensed cremationist who manages a crematory. 48. "Responsible funeral director" means a person who is licensed pursuant to this chapter, who is engaged in funeral directing and who manages and is accountable for a funeral establishment. 49. "Retort" means an enclosed space within which cremation takes place. 50. "Supervise" or "supervision" means that a licensed embalmer has responsibility for and is within sight and sound of a person who is embalming a dead human body or assisting in embalming a dead human body. 51. "Temporary container" means a receptacle that is usually made of cardboard, rigid plastic or another similar material and that is designed to hold processed cremated remains until they are placed in an urn or another permanent container. 52. "Transportation protection agreement" means an agreement that primarily provides or arranges for services that are related to preparing human remains or cremated remains for the purpose of transportation and such subsequent transportation. 53. "Trust funds" means all monies that are deposited on behalf of a beneficiary of a prearranged funeral agreement funded by trust and all accrued net interest. Trust funds shall be considered an account kept in suspense until distributed to the beneficiary, the funeral establishment or the estate of the beneficiary in accordance with this article. 54. "Universal precautions" means the universal blood and fluid precautions recommended by the centers for disease control of the United States public health service to prevent the transmission of bloodborne and bodily fluid-borne infectious diseases. 55. "Unprofessional conduct" includes the following acts, whether occurring in this state or elsewhere: (a) Committing a class 1 or 2 felony. (b) Committing a felony or misdemeanor if the offense has a reasonable relationship to funeral directing or embalming. Conviction by any court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission. (c) Providing false, misleading or deceptive information on an application for licensure pursuant to this chapter or on an examination required for licensure. (d) Bribing or offering to bribe, directly or indirectly, an employee of the department to influence the employee's actions in performing the employee's duties. (e) Wilfully interfering with an embalmer, funeral director, alkaline hydrolysis operator or cremationist who has lawful custody of a dead human body in performing the embalmer's, funeral director's, alkaline hydrolysis operator's or cremationist's duty to embalm or prepare the body for burial, transportation, alkaline hydrolysis or cremation. (f) Paying or causing monies or other valuable consideration to be paid to a person, other than an employee of a funeral establishment, to secure business regulated pursuant to this chapter from or through the person. (g) Violating any law of this state or any rule adopted by the department that relates to embalming or preparing dead human bodies. (h) Certifying falsely to having embalmed or prepared a dead human body that was embalmed by another person. (i) Falsely advertising or labeling any service or merchandise with the intention of deceiving the public. (j) Shipping or delivering any merchandise or supplies that are not the substantial equivalent of or superior in quality to merchandise or supplies previously presented to the purchaser as samples. (k) Committing any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to funeral directing or embalming. (l) Engaging in any conduct or practice that is reasonably related to funeral directing or embalming and that is or may be harmful or dangerous to the health, safety or welfare of the public. (m) Within a period of five years, having a license, registration or endorsement suspended or revoked by the department or by the funeral services regulating authority of this state or any other jurisdiction or surrendering a license, registration or endorsement in lieu of disciplinary action. 56. "Urn" means a receptacle into which processed cremated remains are placed for disposition. 32-1302. Advisory committee; members; appointment; terms; compensation; meetings; duties A. An advisory committee is established to collaborate with and advise the director about matters relating to the regulation of the funeral services industry. The advisory committee consists of seven members who are appointed by the director. The advisory committee shall include: 1. Two members who are funeral directors licensed under this chapter. 2. One member who is an embalmer licensed under this chapter. 3. One member who is a cremationist licensed under this chapter. 4. Three public members who are residents of this state, one of whom is an owner or manager of a business that has no pecuniary or proprietary interest in a funeral establishment or crematory or in the sale of funeral goods and services. The public members shall not be licensed under this chapter currently or have been licensed under this chapter in the five years preceding appointment. B. Members of the advisory committee shall not receive compensation but shall be reimbursed for subsistence expenses pursuant to section 38-624 and travel expenses pursuant to section 38-623. C. The advisory committee shall annually select from its membership a chairperson for the advisory committee. D. The advisory committee shall hold meetings: 1. Twice per year at a time and place designated by the chairperson. 2. At the director's request. E. The advisory committee shall: 1. Provide the director with such recommendations as it deems necessary and beneficial to the best interests of the public. 2. Provide recommendations on specific questions or proposals as the advisory committee deems necessary or as requested by the director. 32-1307. Powers and duties of department A. The department shall: 1. Administer and enforce this chapter and the rules adopted pursuant to this chapter. 2. Maintain a record of the name and the mailing or employer's business address of each licensee. 3. Investigate alleged violations of this chapter and the rules adopted pursuant to this chapter. 4. In accordance with title 41, chapter 6, adopt rules that include provisions relating to the following: (a) The keeping and disposition of records by licensees. (b) Standards of practice, professional conduct, competence and consumer disclosure relating to owning or operating a funeral establishment, alkaline hydrolysis facility or crematory, funeral directing, embalming, alkaline hydrolysis and cremation. (c) The prohibition of deceptive, misleading or professionally negligent practices in advertising, offering or selling funeral goods and services by funeral establishments, crematories and licensees and agents of funeral establishments, crematories and licensees. The rules shall specifically prohibit misrepresentation of the legal requirements concerning preparing and interring dead human bodies. (d) Standard price disclosure formats and price list requirements and definitions to facilitate price comparisons by members of the public. (e) Guidelines to enable members of the public to determine the substantial equivalency of funeral goods available for sale to the public. (f) Administrative and investigative procedures. (g) The efficient administration of the department's affairs and the enforcement of this chapter. (h) The inspection of all funeral establishments, crematories and alkaline hydrolysis facilities at least once every five years. (i) Any other matters the department deems necessary to carry out this chapter. B. The department may: 1. Subject to title 41, chapter 4, article 4, employ investigative, professional and clerical employees as it deems necessary to carry out this chapter. Compensation of these employees shall be determined pursuant to section 38-611. 2. In connection with investigations or administrative hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, contracts, agreements and other documents or records in any form, administer oaths and take testimony and evidence concerning all matters within its jurisdiction. The department may pay the fees and expenses of witnesses who appear in any proceeding before the department. If a person refuses to obey a subpoena issued by the department, the department may invoke the aid of any court in this state to require the attendance and testimony of witnesses and the production of documentary evidence. 3. Contract with other state and federal agencies as it deems necessary to carry out this chapter. 4. Charge reasonable fees to distribute materials that the department prints or has printed at its expense and for the costs of mailing these materials. 5. Charge the reasonable costs of a fingerprint background check to an applicant for licensure. 32-1308. Fees and monies collected; civil penalties A. The department shall deposit, pursuant to sections 35-146 and 35-147, all fees and other monies collected under this chapter in the health services licensing fund established by section 36-414. B. All civil penalties collected under this chapter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 32-1309. Fees A. The department shall establish and collect application fees in an amount to be determined by the department for each of the following: 1. A funeral director license. 2. An embalmer license. 3. A funeral director or embalmer license for a person who does not reside in this state. 4. A funeral establishment license: (a) For a new establishment, new owner or new location. (b) For a change of name. 5. A crematory license: (a) For a new crematory, new owner or new location. (b) For a change of name. 6. A cremationist license. 7. An alkaline hydrolysis facility license: (a) For a new alkaline hydrolysis facility. (b) For a change of name or location. 8. An alkaline hydrolysis operator license. 9. An interim alkaline hydrolysis facility permit. 10. An extension of an interim alkaline hydrolysis facility permit. 11. A prearranged funeral sales establishment endorsement. 12. A multiple funeral director license. B. The department shall establish and collect license issuance fees in an amount to be determined by the department for each of the following: 1. A funeral director license. 2. An embalmer license. 3. A cremationist license. 4. An alkaline hydrolysis facility license. 5. An alkaline hydrolysis operator license. 6. A multiple funeral director license. C. A license, registration or endorsement issued pursuant to this chapter does not expire and remains valid unless: 1. The department subsequently revokes or suspends the license, registration or endorsement. 2. Except as provided in section 32-4301, the license, registration or endorsement is considered void because the licensee did not pay the licensing, registration or endorsement fee, outstanding civil penalties or provider agreement fees or did not enter into an agreement with the department to pay all outstanding fees or penalties before the due date of the licensing, registration or enforcement fees or civil penalties. D. The department shall establish and collect fees in an amount to be determined by the department for each of the following: 1. A duplicate license. 2. A reexamination for a state laws and rules examination. 3. Inactive licensure. 4. Reinstatement of an inactive license. 5. An interim permit for a funeral establishment, crematory and alkaline hydrolysis facility. 6. Filing an annual trust report. 7. Filing a late or incomplete annual trust report. E. A person who was a licensed embalmer's assistant on March 31, 2023 may continue to be licensed if the licensed embalmer's assistant pays any lapsed licensing fees and continues to pay the licensing or endorsement fee before the licensing or endorsement fee due date. 32-1310. Availability of information and records; complaints; release to public A. All examination materials, records of examination grading and performance, and transcripts of educational institutions concerning applicants and licensees are confidential and are not public records. B. Information received and records kept by the department for the purposes of administering this chapter are available to the public, except for sources of information that cause the department to believe that an inspection of a licensee or facility is needed to determine the extent of compliance with this chapter and rules adopted pursuant to this chapter. C. After receiving a complaint, the department shall inform the licensee of the general nature of the complaint. D. The department may release the general nature of a complaint to the public. 32-1311. Immunity A. Employees and agents of the department are immune from personal liability with respect to acts done and actions taken in good faith and in furtherance of the purposes of this chapter. B. Any person who reports or provides information to the department in good faith is not subject to an action for civil damages. 32-1321. License requirement; persons not required to be licensed; nontransferability; display A. A person shall not advertise or engage in funeral directing, cremation, alkaline hydrolysis or embalming without having a valid license issued by the department. B. This article does not prohibit: 1. A person from performing removals or arrangements or from directing funeral services if the person is under the direction of and accountable to a licensed funeral director. 2. A licensed cemetery employee from selling burial or final disposition items or from arranging or directing cemetery services. C. A license issued by the department is not transferrable or subject to sale or assignment, whether by a voluntary or involuntary process. D. A licensee shall conspicuously display the person's license at the person's place of employment. 32-1322. Embalmers and funeral directors; qualifications for licensure A. An applicant for licensure as an embalmer shall: 1. Pass the funeral service science section of the national board examination. 2. Pass the embalmer state laws and rules examination. 3. Be a graduate of an accredited or provisionally accredited school of mortuary science. 4. Have successfully assisted in embalming at least twenty-five dead human bodies. B. An applicant for licensure as a funeral director shall: 1. Pass the funeral service arts section of the national board examination. 2. Pass the funeral director state laws and rules examination. 3. Be a graduate of an accredited or provisionally accredited school of mortuary science. 4. Have successfully assisted in arranging and directing at least twenty-five funerals. C. An applicant for licensure under this section may not have a disqualifying criminal history as determined by the department pursuant to section 41-1093.04. 32-1323. Embalmers and funeral directors; application for licensure A. An applicant for licensure as an embalmer or funeral director shall submit a completed application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by: 1. Any educational, professional and employment information required by the department in its rules. 2. A completed fingerprint card and the prescribed fingerprint background check fee. 3. Any other information required by the department. 4. All applicable fees pursuant to section 32-1309. B. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department, the department shall issue the appropriate license. 32-1324. Multiple funeral director license; display; nontransferrability A. An applicant for a license as a funeral director who is proposing to manage and supervise the operations of more than one funeral establishment shall apply on a form prescribed by the department. The application shall be accompanied by the prescribed fee for the additional funeral establishment. B. The department shall review the application for a multiple funeral director license, and, if it is reasonable to believe that the funeral establishments can be adequately supervised and managed by the applicant, the department shall issue the license. C. A funeral director who holds a multiple funeral director license shall display the license at the funeral establishment to which the license is issued. A multiple funeral director license is not transferable without prior approval of the department. 32-1326. Embalmers and funeral directors; temporary licenses The department may issue a temporary embalmer or funeral director license to a person who is not licensed in this state in cases of emergency or public disaster or for educational purposes if the person holds an active license in good standing issued by the funeral services licensing authority of another jurisdiction. The department shall issue a license under this section only for the category of licensure for which the person holds an active license issued by another jurisdiction. A temporary license issued under this section is valid for thirty days. The department may renew a temporary license once for a period of thirty or fewer days. 32-1327. National board examination A. A person who desires to take the national board examination shall submit to the department: 1. An examination application on a form prescribed by the department. 2. Documentation of a high school diploma or its equivalent. 3. Documentation of the person's graduation from an accredited or provisionally accredited school of mortuary science. 4. All applicable fees pursuant to section 32-1309. B. A person who takes the national board examination must achieve a passing score according to the standards of the international conference of funeral service examining boards. C. The department shall accept a passing score that an applicant achieved on the national board examination taken within the five years immediately preceding the date that the applicant filed a license application with the department. 32-1328. State laws and rules examination A. The department shall administer a state laws and rules examination at least once every three months. When the department receives a license application, it shall schedule the applicable state laws and rules examination for the applicant. B. Each state laws and rules examination shall contain at least fifty questions on the following subjects: 1. The provisions of this chapter and rules adopted by the department pursuant to this chapter. 2. The applicable provisions of title 36 and rules adopted by the department pursuant to the applicable provisions of title 36. C. A score of seventy-five or more is required to pass the state laws and rules examination. D. The department shall accept the passing score of an applicant achieved on a state laws and rules examination taken within one year immediately preceding the date that the applicant filed a license application with the department. 32-1329. Reexamination A. An applicant who fails to pass the national board examination or the state laws and rules examination may retake the examination within one year after the date that the applicant filed a license application with the department. A person who desires to retake the state laws and rules examination shall request that the department schedule a second examination and shall submit the applicable fee pursuant to section 32-1309. B. An applicant who fails to pass the national board examination or the state laws and rules examination within one year after the date that the applicant originally filed a license application shall submit a new license application and the applicable fee pursuant to section 32-1309. 32-1333. Notice of change in employment A. An embalmer or funeral director who is licensed under this article shall notify the department in writing within ten business days after a change in employment. The notice shall include the names of the former and the new establishment. B. A responsible funeral director who is licensed under this article shall notify the department in writing within five business days after a change in employment, excluding Saturdays, Sundays and other legal holidays. 32-1334. Inactive status A. A licensed embalmer, funeral director, cremationist or alkaline hydrolysis operator who retires from practicing embalming, funeral directing, cremation or alkaline hydrolysis and who is not currently practicing embalming, funeral directing, cremation or alkaline hydrolysis in this state may request that the department place the person's license on inactive status. The person shall submit the request on a form prescribed by the department and shall pay the applicable fee pursuant to section 32-1309. B. A person who holds an inactive license shall not practice: 1. Embalming, funeral directing or cremation in this state. 2. Alkaline hydrolysis in this state unless there is another individual at the alkaline hydrolysis facility who operates or supervises the alkaline hydrolysis facility and who is licensed pursuant to this chapter. C. A person who holds an inactive license may request that the department reactivate the person's license. If an inactive licensee desires to reactivate a license, the inactive licensee shall submit a completed application on a form prescribed by the department, the applicable fee pursuant to section 32-1309, an attestation that the person has completed the required continuing education units, a completed fingerprint card and the prescribed fingerprint background check fee. 32-1335. Out-of-state licensees A. A person who holds an embalmer or funeral director license in good standing that was issued by the funeral services licensing authority of another jurisdiction and who desires an embalmer or funeral director license in this state shall meet the requirements and qualifications for licensure prescribed in this article. B. Notwithstanding subsection A of this section, the department may waive the testing requirements of section 32-1322, subsection A, paragraph 1 and subsection B, paragraph 1 if the person has actively practiced embalming or funeral directing in another jurisdiction within the three years immediately preceding the date that the person applies for a license in this state and the department determines that the requirements for licensure in the other jurisdiction are equal to or more stringent than the requirements prescribed in this article. 32-1336. Department recognition; colleges of funeral service education or mortuary science The department shall recognize any college of funeral service education or mortuary science that is either: 1. Accredited or provisionally accredited by the American board of funeral service education. 2. Approved by an accrediting agency that is recognized by the United States department of education and the council on postsecondary accreditation and requires a course of instruction in funeral service education or mortuary science that is equivalent to the course of instruction required by the American board of funeral service education. 32-1338. Continuing education requirements; waiver A. A person who is licensed pursuant to this article shall complete continuing education designed to educate the person regarding current skills and procedures and developments in the funeral industry. The department may prescribe in its rules the number of hours of continuing education required each year, not to exceed six hours, and the subject matter to be covered. B. The department shall waive the continuing education requirements for persons who are serving in the United States armed forces in time of war. 32-1339. Fingerprinting of applicants; background checks An applicant for a license under this article other than a temporary license shall submit a full set of fingerprints to the department of health services for the purpose of conducting a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. 32-1341. Alkaline hydrolysis facilities; license required A person may not advertise or operate an alkaline hydrolysis facility without first obtaining an alkaline hydrolysis facility license issued by the department. 32-1342. Alkaline hydrolysis facilities; requirements A. An alkaline hydrolysis facility licensed under this article must meet all of the following: 1. Have a building or structure that complies with applicable local and state building codes, zoning laws and ordinances and wastewater management and environmental standards and that contains one or more alkaline hydrolysis vessels. 2. Use a method that is approved by the department to dry the hydrolyzed remains and that occurs within the licensed facility. 3. Have an appropriate refrigerated holding facility or another means for refrigerating dead human bodies awaiting alkaline hydrolysis that maintains dead human bodies at or below thirty-eight degrees fahrenheit. B. An alkaline hydrolysis facility: 1. Shall employ a licensed alkaline hydrolysis operator to carry out the process of alkaline hydrolysis. This paragraph does not apply if the alkaline hydrolysis facility is operated or supervised by a responsible cremationist. 2. Shall provide proper procedures for all personnel. 3. Shall comply with this chapter and other applicable state and federal laws relating to occupational and workplace health and safety. 32-1343. Alkaline hydrolysis operators; licensure; application; qualifications; fingerprinting A. An applicant for an alkaline hydrolysis operator license shall submit a completed application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary. B. An applicant for an alkaline hydrolysis operator license shall meet both of the following: 1. Submit a completed fingerprint card and the prescribed fingerprint records check fee to the department of health services to enable the department of health services or the department of public safety to conduct a criminal records check. 2. Meet the educational requirements as prescribed by the department in rule. C. An applicant for licensure under this section may not have a disqualifying criminal history as determined by the department pursuant to section 41-1093.04. D. If the department finds that the applicant meets the criteria for an alkaline hydrolysis operator license under this section and under rules adopted by the department, the department shall issue an alkaline hydrolysis operator license. A person does not need to be licensed as an alkaline hydrolysis operator in order to practice as an alkaline hydrolysis operator if the alkaline hydrolysis facility is operated or supervised by a responsible cremationist or another person who is a licensed alkaline hydrolysis operator. 32-1344. Alkaline hydrolysis facilities; licensure requirements; application A. An application for an alkaline hydrolysis facility shall be in a form prescribed by the department. If the applicant is a business entity, the entity shall direct a natural person who is an owner of the entity to submit its application. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary. A business entity that applies for a license pursuant to this article shall submit to the department with its application for licensure a copy of its partnership agreement, its articles of incorporation or organization or any other organizational documents required to be filed with the corporation commission. B. An individual who applies for an alkaline hydrolysis facility license pursuant to this article, or if the applicant is a business entity, the owners, partners, officers, directors and trust beneficiaries of the entity, shall submit a completed fingerprint card, criminal history background information and a fingerprint background check fee to the department. C. The department shall inspect the premises of an alkaline hydrolysis facility and investigate the character and other qualifications of all applicants for licensure pursuant to this article to determine whether the alkaline hydrolysis facility and the applicants are in compliance with the requirements of this article and rules adopted by the department. D. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department, the department shall issue an alkaline hydrolysis facility license. 32-1345. Display of license An alkaline hydrolysis facility shall display its license in a location that enables any member of the public who enters the alkaline hydrolysis facility to observe and read the license. 32-1346. Alkaline hydrolysis facilities; nontransferability of license; interim permits; confidentiality; definition A. An alkaline hydrolysis facility license issued by the department is not transferable or subject to sale or assignment, whether by a voluntary or involuntary process. B. If a change of ownership of an alkaline hydrolysis facility occurs, the licensee shall notify the department in writing and shall surrender the license to the department within twenty days after the change of ownership. The new owner shall also notify the department in writing within twenty days after the change of ownership and shall submit an application for an alkaline hydrolysis facility license to the department pursuant to section 32-1344. C. The department shall issue an interim permit to the new owner of an alkaline hydrolysis facility to allow the new owner to continue operating the alkaline hydrolysis facility during the period that the new owner's license application is pending if the following conditions are met: 1. The new owner notifies the department of the change of ownership and submits an application for an interim permit and the applicable fee pursuant to section 32-1309 at least three days, excluding Saturdays, Sundays and holidays, after the change takes place. Notice shall be given during regular business hours. 2. The alkaline hydrolysis facility continues to meet the requirements of section 32-1342. D. An interim permit issued by the department pursuant to this section shall be for not more than forty-five days and may not be extended except as provided in subsection E of this section. An interim permit is a conditional permit and authorizes the holder to operate an alkaline hydrolysis facility as would be allowed under an alkaline hydrolysis facility license issued pursuant to this article. The holder of an interim permit is subject to the licensing rules and disciplinary proceedings prescribed in this chapter and in rules adopted by the department pursuant to this article. E. Notwithstanding subsection D of this section, for good cause shown, the department may extend an interim permit for not more than forty-five days. F. Until the new owner's license is issued, the department shall keep confidential all notices filed with the department by the prospective new owner of an alkaline hydrolysis facility pursuant to this section. G. For the purposes of this section, "regular business hours" means between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday, Sunday or any other legal holiday or a day on which the department is authorized or obligated by law or executive order to close. 32-1347. Change of name or location A. The owner of a licensed alkaline hydrolysis facility who desires to change the name of the alkaline hydrolysis facility shall submit an application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee. B. The owner of a licensed alkaline hydrolysis facility shall submit an application on a form prescribed by the department to change the location of the alkaline hydrolysis facility. The application shall be subscribed under oath and shall be accompanied by the applicable fee. Before the department approves a request for a change of location pursuant to this section, the owner shall demonstrate that the new location meets the requirements of this article. 32-1361. Licensed embalmers; supervision; certification of embalming; exception for embalmer's assistants A. Only a licensed embalmer may embalm a dead human body, except that another person who is employed by a funeral establishment and on a pathway to licensure may embalm a dead human body under the direct supervision of a licensed embalmer. B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer's signature and license number. C. For the purposes of this section, a person is on a pathway to licensure if both of the following apply: 1. The person has been employed by a funeral establishment. 2. The person intends to become a licensed embalmer after assisting in embalming at least twenty-five dead human bodies or intends to become a licensed funeral director by assisting in arranging and directing at least twenty-five funerals. D. The pathway to licensure may not exceed three years and begins either: 1. While the person is enrolled in an accredited or provisionally accredited school of mortuary science and is assisting embalming dead human bodies under the direct supervision of a licensed embalmer or assisting in arranging and directing funerals. 2. After the person has graduated from an accredited or provisionally accredited school of mortuary science and passed the state laws and rules examination and the national board examination and is assisting in embalming dead human bodies under the direct supervision of a licensed embalmer or assisting in arranging and directing funerals. E. A person on a pathway to licensure or the funeral establishment providing direct supervision of a person on a pathway to licensure shall submit to the department on a form approved by the department information necessary for the department to verify that the person is on a pathway to licensure. F. This section does not apply to a person who was a licensed embalmer's assistant on March 31, 2023. 32-1362. Enucleation of eyes by licensed embalmers An embalmer who is licensed in this state may enucleate the eyes of a dead human body for the purposes specified in and pursuant to title 36, chapter 7, article 3 if the embalmer has completed a course in eye enucleation approved by the Arizona medical board. 32-1363. Use of funeral director title; unlawful use A. A person who is licensed as a funeral director under article 2 of this chapter shall be known as a "funeral director", "undertaker" or "mortician" or any other title that clearly indicates that the person is engaged in the business of funeral directing. B. It is unlawful for a person who is not licensed as a funeral director under article 2 of this chapter to practice funeral directing or to advertise in a manner or assume any title that would imply that the person is engaged in the business of funeral directing. 32-1364. Crimes against the dead; classification A. It is unlawful for a person, without the authority of law or as normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry, to mutilate a dead human body. B. It is unlawful for a person, without the authority of law, to disinter or remove a dead human body or any part of a dead human body from its sepulcher, grave or other interment site, or from the place where the body is awaiting disposition, with malice or wantonness or with the intent to sell or dissect the body. C. It is unlawful for a person, without the authority of law, to obtain or convert property that is located with or affixed to a dead human body or any part of a dead human body with the intent to deprive the decedent or the decedent's estate of the property. D. It is unlawful for a person to engage in necrophilia. A person engages in necrophilia by: 1. Having sexual intercourse with a dead human body. 2. Having sexual contact with a dead human body, other than the contact normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry. E. For the purposes of subsection D: 1. "Sexual contact" means any direct or indirect touching, including oral contact, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object. 2. "Sexual intercourse" means penetration into the vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. F. A person who violates this section is guilty of a class 4 felony. 32-1365. Violations; classification A. It is unlawful: 1. For an embalmer or embalmer's assistant who knows or should know of a fact that is sufficient to raise suspicion of a crime related to the cause of death or a crime against a dead human body to embalm a dead human body without the permission of the county medical examiner or any other proper official in whose jurisdiction the embalming is to be performed. 2. To disinter a dead human body for removal to any location other than the original cemetery of burial except under the direction of a licensed funeral director. 3. To use, for burial purposes, a casket that was previously used as a receptacle for the burial or other disposition of a dead human body. 4. To sell a casket that has been used for rental purposes unless fully disclosed in writing to the purchaser and at least the pillow and the mattress have been replaced. 5. For a funeral director or embalmer, or an agent of a funeral director or embalmer, after a death or while a death is impending, to knowingly pay, offer to pay or cause to be paid, directly or indirectly, a sum of money or any other valuable consideration for securing business relating to the death. This paragraph does not prohibit the payment of commissions to salespersons and funeral directors who are employed by a funeral establishment. 6. To knowingly pay, offer to pay or cause to be paid any commission, bonus, rebate or other consideration to a funeral director or embalmer, or to an agent or employee of a funeral director or embalmer, as an inducement to cause a dead human body to be unlawfully disposed of in a crematory or cemetery or to recommend the unlawful disposition of a dead human body in a crematory or cemetery. 7. For any funeral establishment or funeral director to advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another licensed funeral director or establishment as to cause confusion or misunderstanding. 8. For a funeral director or embalmer or an agent of a funeral director or embalmer responsible for directing the lawful disposition of a dead human body to hold a direct pecuniary or proprietary interest in a procurement organization as defined in section 36-841. This paragraph does not preclude reasonable payments to a funeral establishment or a licensee for preparing, transporting, preserving, storing and delivering a dead human body to a procurement organization as defined in section 36-841. 9. For a funeral establishment owner or operator to influence employees of the funeral establishment to direct human remains to a procurement organization in which the owner or operator of the funeral establishment has a direct pecuniary or proprietary interest. 10. For a procurement organization and a funeral establishment to operate on the same premises. 11. For a person who is licensed or registered pursuant to this chapter to place the human remains of one person, whether inside or outside of a container, including a body bag, casket, alternative container or alkaline hydrolysis vessel, in a location that is on top of the human remains of another person. B. Unless another penalty is specifically provided, a person who intentionally and knowingly violates any provision of this chapter is guilty of a class 2 misdemeanor. 32-1365.01. Lawful disposition of dead human body; authorization document; legally competent adults; immunity A. A legally competent adult may prepare a written statement directing the cremation or other lawful disposition of the legally competent adult's own remains pursuant to section 36-831. The written statement may but need not be part of the legally competent adult's will. B. The legally competent adult who is the subject of a document described in subsection A of this section shall sign and date the document. The document shall be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the legally competent adult signed and dated the document and that the legally competent adult appeared to be of sound mind and free from duress at the time of execution of the document. C. A document that conforms to this section authorizes a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to carry out the wishes of the legally competent adult who is the subject of the document. It is not necessary for a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to obtain the consent or concurrence of any other person when it cremates or otherwise provides for the lawful disposition of a dead human body pursuant to instructions contained in a document that conforms to this section. D. This section does not mandate that a crematory, cemetery, alkaline hydrolysis facility or funeral establishment cremate or otherwise provide for the lawful disposition of a dead human body pursuant to the document unless the legally competent adult who executed the document made any financial arrangements necessary to effectuate the legally competent adult's wishes as expressed in the document. E. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment that cremates or otherwise provides for the lawful disposition of a dead human body in good faith reliance on an apparently genuine document executed pursuant to this section is immune from criminal and civil liability and is not subject to professional discipline. The decision of a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on a document executed pursuant to this section is presumed to be made in good faith. 32-1365.02. Authorizing agents; consent for cremation, alkaline hydrolysis, disinterment or embalming; definition A. Except as provided in section 32-1365.01 and in subsection E of this section, it is unlawful to cremate, use alkaline hydrolysis or disinter a dead human body without prior written consent of the authorizing agent. B. Except as provided in section 32-1365.01, it is unlawful to embalm a dead human body without prior oral or written consent of the authorizing agent. C. A funeral establishment shall create a written record of an oral consent given pursuant to this section that includes all of the following: 1. The name of the authorizing agent. 2. The relation of the authorizing agent to the deceased. 3. The date and time that consent was given. 4. The name of the person who obtained the consent. 5. Any other information required by the department. D. In determining who the proper authorizing agent is, the order of preference is the same as provided in section 36-831. If there is more than one member in a category listed in section 36-831 entitled to serve as the authorizing agent, final arrangements may be made by any member of that category unless that member knows of an objection by another member of the category. If an objection is known, final arrangements shall be made by a majority of the members of the category who are reasonably available. E. On the order of a court or a county medical examiner, or a person performing the duties of a county medical examiner, a dead human body shall be disinterred. F. If none of the persons listed in section 36-831 is willing or financially capable of providing for the cremation, alkaline hydrolysis or embalming of a dead human body, the public fiduciary or other person who is designated by the county in which a death occurs to handle funeral arrangements may order the cremation, alkaline hydrolysis or embalming. G. A funeral establishment, an employee or agent of a funeral establishment or a licensee shall exercise due diligence to obtain the consent required pursuant to this section from the proper authorizing agent. It is an affirmative defense to any action or claim brought against a crematory, cemetery, alkaline hydrolysis facility or funeral establishment relating to the disposition of a dead human body that the crematory, cemetery, alkaline hydrolysis facility or funeral establishment relied in good faith on the direction of a person who claimed to be the authorizing agent in providing for the lawful disposition of a dead human body. The decision of a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on the direction of a person who claims to be the authorizing agent is presumed to be in good faith unless the crematory, cemetery, alkaline hydrolysis facility or funeral establishment has actual knowledge that the claim is false. H. If the authorizing agent is not reasonably available or unable to act as the authorizing agent, the person's right to be the authorizing agent shall pass to the next person or category of persons in the order of preference prescribed in section 36-831. I. It is presumed that the authorizing agent is not reasonably available to act as authorizing agent if the crematory, cemetery, alkaline hydrolysis facility or funeral establishment after exercising due diligence has been unable to contact the individual or if that person has been unwilling or unable to make final arrangements for the disposition of the decedent within fifteen days after the initial contact by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment. If a person in a prior category makes an initial contact with the crematory, cemetery, alkaline hydrolysis facility or funeral establishment or becomes able before the final disposition of the decedent, that person resumes that person's right to serve as the authorizing agent. J. Any dispute among any of the persons listed in section 36-831, subsection A concerning the right to control the disposition, including cremation or alkaline hydrolysis, of a decedent's remains shall be resolved by the parties to the dispute or by a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment is not liable for refusing to accept the decedent's remains or to inter, cremate, use alkaline hydrolysis or otherwise dispose of a decedent's remains until it receives a court order or other suitable confirmation that the dispute has been resolved or settled. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment may bring an action in a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties listed in section 36-831, subsection A. K. For the purposes of this section, "reasonably available" means a person who is able to be contacted by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment without undue effort and who is willing and able to act within fifteen days after the initial contact by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment. 32-1366. Grounds for disciplinary action A. After a formal hearing, the department may deny or revoke a license or may take disciplinary action against any embalmer, funeral director, alkaline hydrolysis operator or other person who is licensed pursuant to this chapter for any of the following reasons: 1. Commission of an act of unprofessional conduct. 2. Repeated or continuing negligence or any other professional incompetence in the practice of funeral directing, embalming or alkaline hydrolysis. 3. Violation of this chapter or any rule adopted pursuant to this chapter. 4. Violation of title 44, chapter 10, article 7. B. After a formal hearing, the department may deny or revoke a license or take disciplinary action against a responsible funeral director for a violation of this chapter or any rule adopted pursuant to this chapter by an employee of the licensed funeral establishment that the responsible funeral director manages. 32-1367. Investigations; disciplinary proceedings; civil penalty; probationary terms A. The department shall conduct an investigation when the department receives a complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. B. The department on its own initiative may investigate any information that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. C. After completing an investigation, the department may take any or all of the following disciplinary actions: 1. Issue a letter of censure or reprimand. 2. Impose probationary terms as the department deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee. Probationary terms imposed pursuant to this paragraph may include temporary suspension of a license or endorsement, restriction of the licensee's