The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes:
- (1) making misrepresentations or committing fraud while engaging in the practice of funeral service;
- (2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment;
- (3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;
- (4) employing persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain business for the licensee;
- (5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
- (6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct;
- (7) aiding or abetting an unlicensed person to engage in the practice of funeral service;
- (8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
- (9) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
- (10) failing to secure a permit for removal or burial of a dead human body before interment or disposal;
- (11) knowingly making a false statement on a certificate of death;
- (12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral;
- (13) discriminating in services because of race, creed, color, or national origin;
- (14) violating a state or federal law or municipal or county ordinance or regulation concerning funeral establishments or the practice of funeral service;
- (15) permitting an unlicensed person to engage in the practice of funeral service.
- (16) an embalmer, funeral director, funeral company, cemetery, or related entity charging a fee for assignment to the embalmer, funeral director, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35.