CHAPTER 3

Practice of Funeral Directing

     Section 1 Statement of purpose These rules and regulations are promulgated to
ensure the qualifications of a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding themselves or itself out as engaged in:

     (a)     Preparing or contracting to prepare by embalming or in any other manner dead
human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies;

     (b)     Providing for or maintaining a funeral establishment or a place for the
preparation, disposition and care of dead human bodies; or

     (c)     Directing or supervising, or contracting to direct or supervise funerals; or

     (d)     Connecting with their or its name or funeral establishment or business use the
words "funeral director" or "undertaker" or "mortician" or any other title implying that they or it is engaged in the business of "funeral directing" or "undertaking" as defined

     Section 2 Funeral directing establishment The business of a funeral director shall
be conducted in a specific place Not more than one (1) person engaged in business as a funeral director shall transact business in one (1) specific funeral establishment Notwithstanding the foregoing or any other provision of WS 33-16-301 through 33-16-317, any person licensed to bury dead human bodies in any other state may bury and conduct services in Wyoming for any person who died outside the state of Wyoming without obtaining a license from the Board

     Section 3 Services conducted by persons licensed in other states Any person who
is licensed in another state may conduct funeral or burial services in Wyoming without obtaining a license from the Board if:

     (a)     The deceased died outside of the state of Wyoming;

     (b)     The Board is provided prior written notice of services;

     (c)     The Board is provided verification of a license in good standing for the person
desiring to perform the services, from the state of licensure; and

     (d)     The provider complies with the requirements of WS 33-16-310(a)(ii)(J), (M),
(O) and (Q) and 33-16-315"

     Section 4 Inspection of facility The Inspector appointed by the Board shall have the
powers and duties prescribed by law and shall at all times carry the certificate of his appointment and authority issued by the Board and signed by the President and Secretary of the Board, which he shall present upon demand when engaged in the business of the Board The Inspector shall make a full and complete confidential report of all inspections and investigations made by him and shall leave with the person in charge of each funeral establishment inspected or investigated by him a certificate showing the date of the inspection, a copy of the certificate, signed by the person in charge of the establishment at the time of the completion of the inspection or investigation, shall be transmitted by the Inspector to the Board Whenever any inspection or investigation is made by a member of the Board, the foregoing provisions of this rule shall apply to the member of the Board

     (a)     A funeral director must maintain at all times within each funeral establishment
owned, managed or controlled by him, a preparation room furnished with a sanitary floor of either tile, vinyl, inlaid linoleum, or other impervious flooring material; sufficient drainage and forced air ventilation, a sanitary embalming table, and the other furnishings and instruments as are required for the proper care and preparation of a dead human body If a funeral director uses a hydro aspirator in the preparation room, the hydro aspirator must have a vacuum breaker attached thereto

     (b)     All hearses and first call or pickup cars and the equipment therein shall be kept
clean and sanitary and free from deleterious odors at all times

     (c)     All funeral establishments must stock a minimum of six (6) adult caskets of
varying degrees of price and quality, for sale, and must also have on hand at least one each of shipping containers, alternative containers for cremation, and if required by the local cemetery, the minimum outside burial container

     Section 5 Leased caskets

     (a)     Disclosure A funeral director offering a leased casket to the public shall
disclose that the casket is a leased casket by a clear notation on the "Statement of Funeral Goods and Services Selected" If the leased casket is displayed with other caskets in a display room, clear notation shall be placed on the casket price card indicating that the casket is a leased casket A leased casket shall not be represented or offered to the public as a new casket

     (b)     Sanitation An unembalmed dead human body shall not be placed in a leased
casket, except if the leased casket is to be used as a container in a direct disposition cremation A funeral director shall insure that a leased casket which is used for viewing or funeral services is maintained in a sanitary condition for reuse by taking any of the following measures:

          (i)     A plastic sheet or other impervious inner lining shall be used to prevent
contamination during use; or

          (ii)     All mattresses, paddings, pillows and linings which contact the dead
human body shall be removed and replaced with new materials after each use; or

          (iii)     A removable and disposable inner casket box may be used each time the
casket is leased An inner casket box, or portion thereof, shall not be reused A dead human body which has been placed in an inner casket box shall not be allowed to come in contact with any part of a leased casket

     (c)     Disposal A leased casket may be destroyed or disposed of by cremation with a
dead human body If cremated, the leased casket shall not be resold for an amount which exceeds the leased price of the casket A leased casket shall not be used for burial or shipping purposes at any time

     Section 6 Consumer protection A funeral director who violates Wyoming statutes
relating to consumer protection, Sections 40-12-101, et seq, or consumer credit, Section 40-14-101, et seq, or any other statute of the State pertinent to the practice of embalming or
funeral directing shall be subject to revocation or suspension of his license

     Section 7 Itemized prices, written disclosure statements, and cash advances The
Board hereby adopts the Federal Trade Commission's funeral service rule of April 30, 1984, along with the Federal Trade Commission's amended federal service rule of July 19, 1994, with regard to itemized prices, written disclosure statements, and cash advances


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