Title 43, Chapter 18, Section 1
As used in this article, the term:
(1) "Alternative container" means any receptacle or enclosure
which is of sufficient strength to be used to hold and to
transport a dead human body.
(2) "Apprentice" means a person who practices embalming, funeral
directing, or both, under the direct supervision of a funeral
director, embalmer, or both, in this state.
(3) "Board" means the State Board of Funeral Service.
(4) "Casket" means a container which is designed for the
encasement and viewing of a dead human body.
(5) "Cremation" means the reduction of the dead human body to
residue by intense heat.
(6) "Crematory" means a place that is owned by a funeral director
or funeral establishment where cremation is performed and which is
open to the public.
(7) "Direct supervision" means that the embalmer, funeral
director, or both, are present overseeing the activities of the
(8) "Embalmer" means a person who practices embalming or uses in
connection with that person's name the words "embalmer," "licensed
embalmer," "undertaker," or "mortician" or offers or holds himself
or herself out as offering such services.
(9) "Final disposition" means the final disposal of a dead human
body whether it is by, but not limited to, earth interment,
above-ground interment, cremation, burial at sea, or delivery to a
medical institution for lawful dissection if the medical
institution assumes responsibility for disposal.
(10) "Funeral" or "funeral services" means the observances,
services, or ceremonies held for dead human bodies.
(11) "Funeral director" means a person who practices funeral
directing or uses in connection with that person's name or with a
picture of that person the words "funeral director," "licensed
funeral director," "undertaker," or "mortician" or offers or holds
himself or herself out as offering such services.
(12) "Funeral director in full and continuous charge" means a
funeral director who is approved by the board to assume full
responsibility for the operations of a particular funeral
establishment and who shall ensure that said establishment
complies with this article and with all rules promulgated pursuant
(13) "Funeral establishment" means a place where embalming or
funeral directing is practiced and which is open to the public and
transacting business relating to funeral services.
(14) "Funeral merchandise" means the goods that may only be sold
or offered for sale by a funeral director working in a funeral
establishment and includes, but is not limited to, a casket or
alternative container, but does not include an outer burial
container or cemetery marker.
(15) "Funeral service contract" means a written or oral agreement
between a funeral director or funeral establishment and a legally
authorized person for the embalming, funeral, or final disposition
of a dead human body.
(16) "Legally authorized person" means the deceased's surviving
spouse, a son or daughter who is 18 years of age or older; the
deceased's parent, a brother or sister who is 18 years of age or
older; any other person who is 18 years of age or older and who is
in the next degree of kinship to the deceased; the deceased's
guardian or personal representative; or a public health officer.
(17) "Outer burial container" means an enclosure into which a
casket is placed, including, but not limited to, a vault made of
concrete, steel, fiberglass, or copper, a sectional concrete
enclosure, a crypt, or a wooden enclosure.
(18) "Practice of embalming" means disinfecting or preserving or
attempting to disinfect or preserve dead human bodies by replacing
certain body fluids with preserving and disinfecting chemicals.
(19) "Practice of funeral directing" means making or directing, at
need or preneed, arrangements for the preparation and
transportation of dead human bodies for final disposition and the
supervision and direction of all funeral services.
(20) "Retort" means a furnace where dead human bodies are
(21) "Soliciting" means the making of any uninvited contact with
another person by a funeral director or by a funeral director's
agent, assistant, employer, or employee for the purpose of the
sale of funeral services or merchandise but shall not mean any
advertising which is directed to the public in general.