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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

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