§ 58-9-305. Exemptions from licensure.

     In addition to the exemptions from licensure in Section 58-1-307, a person may engage in the following acts included within the definition of the practice of funeral service, subject to the stated circumstances and limitations, without being licensed under this chapter:

(1) transportation of a dead human body in accordance with other applicable state and federal laws;

(2) ambulance or other emergency transportation of a dead human body;

(3) the sale of any of the following that is delivered to the buyer or the buyer's designee within 90 days after the day of the sale:

(a) funeral merchandise;

(b) headstones; or

(c) other memorial merchandise;

(4) the performance of funeral, graveside, or memorial services by:

(a) a member of the clergy;

(b) a member of the decedent's family; or

(c) any other recognized individual;

(5) assisting a Utah licensed funeral service director regarding disasters or special emergencies by individuals licensed in other states as funeral service directors or embalmers;

(6) activities of an unlicensed individual employed by a funeral service establishment involving arrangement for a funeral service or the sale of funeral merchandise if the binding contract is reviewed, approved, and signed in behalf of the funeral service establishment by a licensed funeral service director; and

(7) nonprofessional tasks or activities which:

(a) do not require independent professional judgment; and

(b) are required of persons employed by a funeral service establishment under the supervision of a funeral service director.

Amended by Chapter 144, 2007 General Session