Wyo. Code R. 035-0001-1
Funeral Service Practitioners, Board of
Chapter 1: General Authority
Effective Date: 01/08/2015 to 10/07/2015
Rule Type: Superceded Rules & Regulations
Reference Number: 035.0001.1.01082015
Section 1. Authority. These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to their authority under the Funeral Service Practitioners Act, W.S. 33-16-501 through 33-16-537.
Section 2. Statement of Purpose. These rules and regulations are adopted to implement the authority of the Board and protect the public by:
(a) Regulating the qualifications and establishing standards of performance for persons licensed as funeral service practitioners or permitted as funeral directors, crematory operators or chemical disposers;
(b) Developing and applying appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards;
(c) Issuing licenses or permits to qualified individuals who have met required standards and suspending or revoking licenses or permits issued by the Board in any case where the licensee or permit holder is determined to have failed to conform to the requirements of standards;
(d) Establishing and carrying out procedures designed to ensure that licensees or permit holders comply with the requirements of the standards;
(e) Receiving, investigating and taking appropriate action with respect to any charge or complaint filed with the Board to the effect that any licensee or permit holder has failed to comply with the Act or Board rules and regulations; and
(f) Conducting investigations, hearings and proceedings concerning alleged violations and administering appropriate disciplinary action against licensees or permit holders for proven violations.
Section 3. Severability. If any provision of these regulations or the application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.
(a) 'Authorizing agent' means the individual(s) holding the right of disposition.
(b) 'Dissolution' includes, but is not limited to, chemical disposition.
(c) 'Dissolution chamber' is a purpose-built vessel that is closed and sealed on all sides when human remains are placed inside and the dissolution process takes place.
(d) “Final processing” means bone fragments and non-combustible items, such as metal debris, are separated by hand or by magnet. The bone fragments are placed into a cylindrical processor and further pulverized (or crushed) into small, uniform fragments.
(e) “Supervision” means that the licensed funeral service practitioner is in the embalming room generally, and in all cases, in the funeral establishment while the apprentice is assisting with the preparation of the dead human body.
Section 5. Board. The Board shall elect one (1) of its members as president during the annual meeting to be held at the Board office, 2001 Capitol Avenue, Room 104, Cheyenne, Wyoming, on the second Tuesday in June beginning at 10:00 a.m. The Board may meet at other times as deemed necessary to transact business.
(a) For any code, standard, rule, regulation or statute incorporated by reference in these rules:
(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section;
(iii) The incorporated code, standard, rule, regulation or statute is maintained at 2001 Capitol Avenue, Room 104, Cheyenne, WY 82002 and is available for public inspection and copying at cost at the same location;
(b) Each code, standard, rule, regulation or statute incorporated by reference in these Board Rules is further identified as follows:
(i) The statute incorporated by reference in Chapter 4, Section 2 of these Board Rules is Chapter 12 – Consumer Protection as existing on July 1, 2014. Copies of this statute can be obtained from the Wyoming Board of Funeral Service Practitioners at the following location http://plboards.state.wy.us/embalmers/RulesRegs.asp.
(ii) The statute incorporated by reference in Chapter 3, Section 3 of these Board Rules is the Wyoming Uniform Consumer Credit Code as existing on July 1, 2014. Copies of this statute can be obtained from the Wyoming Board of Funeral Service Practitioners at the following location http://plboards.state.wy.us/embalmers/RulesRegs.asp.
(iii) The rule incorporated by reference in Chapter 4, Section 4 of these Board Rules is Funeral Industry Practices as existing on July 1, 2014 including amendments adopted by the Federal Trade Commission (FTC) as of that date. Copies of this statute can be obtained from the FTC at the following location http://www.consumer.ftc.gov/articles/0300-ftc-funeral-rule