65-1751. Denial, suspension or revocation of license, censure of licensee or imposition of fine; grounds; procedure; definitions.
65-1751
65-1751. Denial, suspension or revocation oflicense, censure of licensee or imposition of fine; grounds; procedure;definitions.(a) The state board of mortuary arts may refuse to issue orrenew a license, may condition, limit, revoke or suspend a license ormay publicly orprivately censure a licensee, or may impose a fine not to exceed $1,000 perviolation upon a finding that a licensee or anapplicant for a license:
(1) Has made any misleading,deceptive, untrue or fraudulent statements in applying for or securingan original or renewal license;
(2) has committed an act of unprofessional or dishonorable conduct orprofessional incompetency;
(3) has been convicted of a felony, and thelicensee or applicant for a license is unable to demonstrate to the board'ssatisfaction that such person has been sufficiently rehabilitatedto warrant the public trust, has been convicted of anyoffense involving moral turpitude or has been convicted of criminal desecrationor any other crime which reflects on the licensee's fitness to practice;
(4) has violated any law, ordinance or rule and regulation affecting thehandling, custody, care or transportation of dead human bodies;
(5) is rendered unfit or unable to practice embalming orfuneral directing byreason of illness, alcohol, chemicals or other types of substances, or as aresult ofany mental or physical conditionas determined by the board after receiving theresults of an evaluation by a person licensed to practice medicine and surgeryor a person licensed to diagnose and treat mental illness, or both, as directedby the board;
(6) has failed or refused to properly protect or guard againstcontagious, communicable or infectious disease, or the spreading thereof;
(7) has refused to surrender a dead human body upon the request of thenext of kin, or legal representative, if there is no next of kin, or personentitled to the custody and control of the body if there is no next of kinavailable and no legal representative qualified to act;
(8) or the agent, employee or representative thereof, has advertised,solicited or sold merchandise or services in a manner which is fraudulent,deceptive or misleading in form or content;
(9) or the agent, employee or representative thereof, has engaged in theuninvited, in-person solicitation of an actual or potential customer, who,because of the customer's particular circumstances, was vulnerable to undueinfluence, intimidation, coercion or overreaching or has violated aprovision of K.S.A. 65-1752 and amendments thereto;
(10) or the agent, employee or representative thereof, has knowinglyengaged in at-need solicitation;
(11) has used or employed, directly or indirectly, any agent,representative or person, for the purpose of contacting public officials oragents of institutions by whoseinfluence dead human bodies may be turned over to a particular licensee orfuneral establishment;
(12) has aided or abetted an unlicensed person to practice any activityfor which a license is required under article 17 of chapter 65 of theKansas Statutes Annotated and acts amendatory of the provisions thereof orsupplemental thereto;
(13) has had a license to practice embalming or funeral directingrevoked or suspended, has been censured or has had other disciplinaryaction taken against oneself or has had an application for a license deniedby the proper licensingauthority of another state, territory, District of Columbia or othercountry, an attested copyof the record of the action of the other jurisdiction being presumptiveevidence thereof;
(14) has cheated on or attempted to subvert the validity of theexamination for a license;
(15) has been found to be mentally ill, mentally disabled, not guilty byreasonof insanity, not guilty because the licensee suffers from a mental disease ordefect or incompetent to stand trial by a court of competent jurisdiction;
(16) has failed to furnish the board, or its investigators orrepresentatives, any information legally requested by the board;
(17) has failed to report to the board any adverse action taken againstthe licensee by another state or licensing jurisdiction, a professionalassociation or society, a governmental agency, by a law enforcement agencyor a court for acts or conduct similar to acts or conduct which wouldconstitute grounds for disciplinary action under this section;
(18) has an adverse judgment, award or settlement against the licenseeresulting from the practice of funeral directing or embalming which relatedto acts or conduct similar to acts or conduct which would constitutegrounds for disciplinary action under this section or has failed to reportsuch matter to the board;
(19) has knowingly submitted any misleading, deceptive, untrue orfraudulent representation on a claim form, bill or statement;
(20) has violated any lawful rules and regulations promulgated by the boardor any state or federal law including the federal trade commission's funeralrule related to the practice of funeral directing, embalming, cremation orfuneral establishments;
(21) has failed to pay any fee required under this act;
(22) has been found liable for or guilty of negligence, incompetence,fraud, misrepresentation or deceit in connection with services rendered as alicensee by a court of competent jurisdiction;
(23) has provided misleading, fraudulent or deceptive statements to theboard, its investigators or its representatives, when information is legallyrequested; or
(24) has provided misleading, fraudulent or deceptive information when filinga death certificate.
(b) The board may adopt rules and regulations defining, construing andinterpreting the above grounds for licensure action. All administrativeproceedings taken by the board pursuant to this section shall be conductedin accordance with the provisions of the Kansas administrative procedure act.
(c) As used in this section:
(1) "License" means an embalmer's license, funeral director's license,assistant funeral director's license, funeral establishmentlicense, crematory license or branch establishment license.
(2) "At-need solicitation" means any uninvited contact for the purposeof the sale, or attempted sale, of funeral services or merchandise to thefamily or next of kinof a person after the person's death, or where death is imminent.
History: L. 1987, ch. 237, § 1;L. 1992, ch. 51, § 3;L. 1995, ch. 86, § 7;L. 1995, ch. 251, § 35;L. 1996, ch. 248, § 1;L. 2004, ch. 57, § 4;L. 2007, ch. 38, § 2; July 1.