Wyoming Funeral & Cremation Laws

CHAPTER 32 - PREPAID OR PREARRANGED FUNERAL CONTRACTS

ARTICLE 1 - REGULATION OF PREPAID AND PREARRANGED FUNERAL CONTRACTS

26-32-101. Supervision and audit of funds; approval of investment; promulgation of rules and regulations.

(a) The department shall supervise and audit the funds derived by any person either residing in or doing business within the state, from prepaid or prearranged funeral contracts providing for the sale of caskets, burial vaults, monuments or memorials or any burial supplies and equipment and funeral services, if the sale is made, either outright or on the installment basis, prior to the demise of the person purchasing them or for whom they are purchased, with the merchandise or service, or both, to be delivered at a future date at time of need. All funds received from these contracts or arrangements by any person either residing in or doing business within this state shall be received, invested and withdrawn according to requirements the department approves. Investment in a bank, trust company or federal building and loan association in Wyoming is an approved investment.

(b) The commissioner shall promulgate rules and regulations for the purposes specified in subsection

(a) of this section to include regulation of contract provisions and funds thereunder.

26-32-102. Exemption from attachment or garnishment. In the absence of fraud no interest of any participant in such fund, contract or investment is liable to attachment, garnishment, or other processes, or shall be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of the participant, or any other person who may have a right thereunder. Any funds received and invested as stipulated in this chapter shall be as a trust and are not liable to attachment, garnishment or other processes, nor shall they be seized, taken or appropriated or applied by any legal or equitable processes or operation of law to pay any debt or liability of the person issuing the prepaid or prearranged funeral contract, or both.

26-32-103. Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.

ARTICLE 2 - LIFE INSURERS CONTRACTS FOR FUNERAL SERVICES

26-32-201. Life insurers contracts for funeral services; rules.

(a) A life insurer may contract or agree with any person, funeral director, mortuary or undertaker for the sole purpose of the funeral director, mortuary or undertaker conducting the funeral of any insured of the insurer.

(b) The commissioner shall by rule regulate contracts authorized under this section.

(Laws 1995, ch. 175, § 1.)
CHAPTER 16 - EMBALMERS, FUNERAL DIRECTORS, UNDERTAKERS AND CREMATORIES

ARTICLE 1 - IN GENERAL

33-16-101. Embalmers; application for license; fee; examination; qualifications; registration and display of license; license not transferable; reciprocity; suspensions.

(a) Every person now engaged or desiring to engage in the practice of embalming dead human bodies within the state of Wyoming shall apply upon blanks to be furnished by the board, to the state board of embalming for a license, accompanying the same with a license fee established by the board pursuant to W.S

33-1-201. All applicants for a license shall be at least nineteen (19) years of age.

(b) The applicant shall present himself before the board at a duly organized meeting of the board and shall be examined as to his knowledge of embalming, sanitation, anatomy and all educational subjects pertaining to embalming and the disinfection of bodies of deceased persons and apartments wherein the same may be found, the clothing, excretia and other things likely to be infected in case of death from communicable disease, all in accordance with the rules and regulations of the department of health, the state board of embalmers and the laws of Wyoming.

(c) The examination shall consist of not less than twenty-five (25) questions on the subject of sanitation and disinfection, not less than twenty-five (25) questions on the subject of anatomy, not less than twenty-five (25) questions on the subject of embalming and funeral management, and not less than fifty (50) oral questions. The oral examination may be conducted in the presence of a cadaver upon which actual demonstration may be asked for by the board. All examination papers shall be kept on file by the board of embalmers.

(d) If the applicant is of good moral character, has successfully completed one (1) year of college at a two (2) or four (4) year institution of higher learning, has had one (1) year of actual practical training and instruction as an apprentice under a regularly licensed embalmer practicing in Wyoming, has attended a regular twelve (12) month course of instruction in a reputable college of embalming approved by the state board of embalmers, having at least eight hundred fifty (850) hours devoted to the following subjects: anatomy, physiology, chemistry, the principles and methods of embalming, bacteriology, public health and sanitation, laws and rules regulating the transportation of dead human bodies, funeral management, etc., practical experience from having embalmed, under proper supervision, at least twenty-five (25) dead human bodies, and has passed a creditable examination in accord with the rules and regulations of the board, then the board of embalmers shall issue the applicant a license to practice the profession of embalming in Wyoming. The state board of embalmers shall select all questions to be used for examining applicants for licenses.

(e) All persons receiving licenses under the provisions of W.S.

33-16-101 through 33-16-206 shall register the fact at the health office of the city and county in the jurisdiction of which it is proposed to carry on such practice and shall display the license in a conspicuous place in the office of the licensee. Licenses are not assignable and do not grant authority to any person other than the holder to practice the profession of embalming.

(f) Reciprocity is hereby given to states granting reciprocity to the state of Wyoming.

(g) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

33-16-102. Embalmers; secretary's register to be kept; copies to licensees and transportation companies. The secretary of the state board of embalming shall keep a record in which shall be registered the names and residence of all persons to whom a certificate of license, as herein provided, has been granted, and the number and date of these licenses; a copy of this record shall be furnished to all those holding a license and to the various transportation companies of the state of Wyoming.

33-16-103. Embalmers; foreign licensees. Where a licensee from another state makes application to practice embalming in this state without the examination provided for in W.S.

33-16-101, he must satisfy the board that he has the qualifications required, and said applicant shall be compelled to pass a practical examination in operative embalming before at least one (1) member of its board.

33-16-104. Embalmers; annual renewal of registration; fee. A registered embalmer, who desires to continue the practice of his profession, shall annually thereafter, during the time he continues in practice, on such date as the board determines, pay to the secretary of the board a fee for the renewal of registration, the amount of which is to be established by the board pursuant to W.S.

33-1-201.

33-16-105. Embalmers; exemption from jury service. All embalmers licensed under the provisions of this act [

33-16-101 through 33-16-206], and who are regularly engaged in the business of embalming, shall be and they are exempted from jury service.

33-16-106. Unlawful practice and transportation; exceptions. It shall be unlawful for any person not a licensed embalmer, as herein provided, to advertise, practice, or pretend to practice the science of embalming, either by arterial or cavity treatment, or to prepare to ship by railroad, express or any common carrier, any dead human body, except according to rules adopted by this board. It shall be unlawful for any person, railroad, express company or any common carrier, to receive for transportation any dead human body unless said body has been prepared by a regular licensed embalmer, except in accordance with the rules prescribed by the state board of embalming. Nothing in this act [

33-16-101 through 33-16-206] shall apply to or in any manner interfere with the duties of any officer of the law, nor shall this act apply to any person engaged simply in the furnishing of burial receptacles for the dead and burying the dead, but not embalming.

33-16-107. Privileges as to use of bodies for dissecting, demonstrating or teaching. The state board of embalming and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching as those granted in this state to medical colleges.

33-16-108. When coroner's permission to embalm required; penalty. It is unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner is obtained. Any person knowingly violating this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

33-16-109. Shipping pasters. All licensed embalmers shall use shipping pasters, to be furnished by the state board of embalming and approved by the state board of health. No railroad, express company or common carrier shall accept for transportation any dead human body, unless such body is accompanied by said shipping paster properly filled out and signed.

33-16-110. Prohibited acts; penalty for violations. Any person who shall advertise, practice or hold himself or herself as practicing the science of embalming without having complied with the provisions of this act [

33-16-101 through 33-16-206] shall be guilty of a misdemeanor and upon conviction thereof before any court, shall be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each and every offense; and any person, railroad, express company or common carrier, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall pay a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each and every offense.

33-16-111. Exceptions. To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

ARTICLE 2 - STATE BOARD OF EMBALMING

33-16-201. Created; designation; composition; appointment; qualifications of members; officers; removal.

(a) There is created a board to be known as the Wyoming state board of embalming. The board shall consist of five (5) persons to be appointed by the governor. The governor may remove from office any member of the board as provided in W.S. 9-1-202. The director of the department of health shall be a member of the board of embalming, and the other members shall be licensed embalmers and shall serve for a term of three (3) years. The board shall elect one (1) of its members as president and one (1) of its members to act as secretary and treasurer who shall be executive officer of the board in matters relating to the duties of the board when the board is not in session. The members of the state board of embalming shall be residents of the state of Wyoming, and except for the director of the department of health, shall each have had at least three (3) years experience in the practice of embalming and disposition of the dead human body and who shall each have had for two (2) years previous to their appointment an unexpired embalming license.

(b) Effective July 1, 1979, appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.

33-16-202. Certificate of appointment; oath. The governor shall furnish each person appointed to serve on the board of embalming a certificate of appointment. The appointee shall qualify by taking the usual oath of office before any person authorized to administer oaths, of the county in which said person may reside, within ten (10) days after said appointment has been made, and this fact shall be noted on the certificate of appointment, and shall be filed with the state board of health.

33-16-203. Meetings; quorum. The state board of embalming shall meet at least once each year and may meet as often and at such place as the proper and efficient discharge of its duties may require. Three (3) members shall constitute a quorum, provided one (1) of them be the president of the board.

33-16-204. Compensation of secretary; per diem for members. The members of this board shall receive no salary, except the secretary who shall receive such sum as set by the board, but each member of the board shall be allowed five dollars ($5.00) per day and shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state, but per diem shall not be allowed for more than six (6) days at any one (1) examination.

33-16-205. Embalming account. All printing, postage and other contingent expenses necessarily incurred under the provisions of this act, together with all salaries, expenses and per diem to members of the board shall be paid from the board's account. No warrant shall be drawn upon the account except upon written order of the president of the board and attested by the secretary thereof, the same having been previously authorized by the board.

33-16-206. Rules and regulations; penalty for violation. The state board of embalming shall, from time to time, adopt rules and regulations, not inconsistent with the laws of the state of Wyoming or of the United States, whereby the performance of the duties of this board and the practice of embalming dead human bodies and transportation of the same shall be regulated. All companies or individuals operating or controlling railroads, express companies, electric railways, coaches, public and private conveyances, and all licensed embalmers in the state of Wyoming shall obey the rules and regulations when made; and any licensed embalmer, or any person or owner having in charge any railroad train, passenger coach, electric railway, public or private conveyance, who shall refuse or neglect to obey such rules and regulations when made, shall be guilty of a misdemeanor and for each offense shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).

33-16-207. Exceptions. To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

ARTICLE 3 - FUNERAL DIRECTORS AND UNDERTAKERS

33-16-301. Definitions; board to adopt rules.

(a) The terms "funeral director" and "undertaker" as used in this act [

33-16-301 through 33-16-317], mean a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding himself or itself out as engaged in:
(i) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies;
(ii) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies;
(iii) Who directs or supervises, or contracts to direct or supervise funerals; or (iv) Who shall in connection with his or its name or funeral establishment or business use the words "funeral director" or "undertaker" or "mortician" or any other title implying that he or it is engaged in the business of "funeral directing" or "undertaking" as herein defined.

(b) A "funeral establishment", as the term is used herein, shall be understood to mean a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of human dead bodies and consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of human dead bodies for burial or transportation, and a display room containing a stock of funeral caskets and shipping cases.

(c) The Wyoming state board of embalming may adopt such rules as may be reasonable and proper for the purpose of carrying into effect the provisions of this act.

33-16-302. Fixed establishment and license required; only 1 business to be operated in establishment. The business of a funeral director shall be conducted in a specific place. No person shall engage in the business of a funeral director, unless first licensed so to do by the Wyoming state board of embalming. Not more than one (1) person engaged in business as a funeral director shall transact business in one (1) specific funeral establishment. Any person licensed to bury dead human bodies in any other state, or accredited by another state association as recognized by the Conference of Funeral Service Examining Boards of the United States, Inc., may bury and conduct services in Wyoming for any person who died outside the state of Wyoming after obtaining an annual nonresident license from the Wyoming state board of embalming. The board shall promulgate rules under which nonresident licensees shall operate which shall be designed to protect the public and at a minimum shall require compliance with W.S.

33-16-310(a)
(ii)(J), (M), (O) and (Q) and

33-16-315. A nonresident licensee who violates any applicable rules promulgated by the board is guilty of a misdemeanor for each violation, punishable as provided in W.S.

33-16-317 for noncompliance with W.S.

33-16-301 through 33-16-317.

33-16-303. Application, form, qualifications for license; examination; fees; license required for each location; change of location; death of director.

(a) An application for a funeral director's license shall be in writing and verified on a form provided by the Wyoming state board of embalming. The applicant, unless an association, corporation or partnership, must be an adult and of good character. The applicant, when an association, corporation or partnership, must have as an active officer or manager, an adult person who is of good character.

(b) Each individual, and when an association, corporation or other organization, the officer or employee who is to manage, direct or control a proposed funeral establishment, shall, before the application is granted, successfully pass an examination before the Wyoming state board of embalming, upon the following subjects:
(i) The signs of death;
(ii) The manner by which death may be determined;
(iii) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies dying from infectious or contagious diseases;
(iv) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and (v) Shall furnish proof satisfactory to the board that the applicant is of good character and that the establishment in which he intends to conduct business as a funeral director is or will be constructed, equipped and maintained in all respects as a funeral establishment as defined in W.S.

33-16-301.

(c) The application shall be accompanied by a fee as established by the board pursuant to W.S.

33-1-201. If the applicant proposes to engage in or conduct more than one (1) funeral establishment, the applicant must make a separate application and procure a separate license for each separate location.

(d) Any funeral director desiring to change his place of business must make application therefor on forms furnished by the Wyoming state board of embalming at least thirty (30) days prior to the time that the change in location is to take effect. The application for the change must be accompanied by a fee as established by the board pursuant to W.S.

33-1-201. The change shall be granted by the Wyoming state board of embalming upon their favorable finding as to the proposed new location and that it conforms to the provisions of W.S.

33-16-301.

(e) In case of the death of a licensed funeral director who leaves an established business, as defined in W.S.

33-16-301 through 33-16-317, as part or all of his estate, the Wyoming state board of embalming may issue to the legal representative of the deceased funeral director, if such legal representative is of good character, a special temporary license as a funeral director for the duration of the administration of such estate, but in no case to exceed two (2) years. The fees for issuance and renewal of such temporary license and the time for payment are the same as those required for regular licenses.

33-16-304. Investigation of applicants for license; granting or refusing license. Upon receipt of an application for a license hereunder said Wyoming state board of embalming shall cause an investigation to be made as to the character of the applicant, including its officers or members, if the application is by or in behalf of an association, corporation or partnership, and may require such showing as will reasonably prove the good character of the applicant; may subpoena witnesses, administer oaths upon proper notice and after proper hearing, shall grant a license if the board finds that the applicant is of good character, and that the proposed funeral establishment is, or will be, constructed and equipped as required by W.S.

33-16-301. Every application must be granted or refused within ninety (90) days from the date of the filing of such application in case a hearing is held.

33-16-305. Continuance; renewal of existing licenses. Every funeral director already holding a license which has been duly issued under the laws of this state and who is, on the effective date of this act, engaged in or conducting the business of a funeral director at a fixed place or establishment in this state, as designated in the license already held by him or it, shall be entitled to continue in business for the remainder of the year of 1939, and shall be entitled to have his or its license renewed annually upon payment of renewal fees as required under W.S.

33-16-306.

33-16-306. Annual renewal of license; notice; delinquent fees; penalties. Every licensed funeral director shall pay annually, a fee for the renewal of his or its license. The amount of the renewal fee, payable by a licensed funeral director shall be established by the board pursuant to W.S.

33-1-201. The Wyoming state board of embalming shall mail on or before the first day of January of each year to each licensed funeral director, addressed to him at his last known address, a notice that his or its renewal fee is due and payable and that if the fee is not paid by the first day of February, a penalty as set by the board pursuant to W.S.

33-1-201 will be added to the renewal fee. In no case shall the penalty or additional fee, upon account of such delinquency, be waived. Upon receipt of the fees the board shall cause the renewal certificate to be issued.

33-16-307. Reinstatement of license; fees, penalties. When a licensed funeral director has for any reason allowed his license to lapse, the Wyoming state board of embalming is hereby given power of reinstatement, if application therefor is made within a period of three (3) years from the lapse and is accompanied by all fees, including penalties, from the time of the lapse to date of reinstatement.

33-16-308. License to be signed and displayed; business to be in name of licensee. Every license issued hereunder shall specify the name of the licensee, shall be signed by the licensee and shall be displayed conspicuously in the place of business or employment of the licensee. No funeral establishment shall be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name appearing as licensee in the license issued by the Wyoming state board of embalming.

33-16-309. Assignment of license; renewal of assigned license; fee. A funeral director's license may be assigned after a showing to the Wyoming state board of embalming that the proposed assignee possesses all the qualifications for a license as a funeral director. The assignee may renew a license. A fee as established by the board pursuant to W.S.

33-1-201, must accompany each application for assignment.

33-16-310. Rules and regulations; inspection; employment of inspector; notice and hearing for suspension or revocation of license generally; prohibited conduct; leasing of caskets.

(a) The Wyoming state board of embalming shall have powers to adopt and enforce reasonable rules and regulations relating to the business of funeral directing, to the sanitary condition of places where such business or practice is conducted, with particular regard to plumbing, sewage, ventilation and equipment, and generally to carry out the various provisions of this act in the protection of the peace, health, safety, welfare and morals of the public. Said board shall have the power to inspect the premises in which the business of funeral directing is conducted or where embalming is practiced, and for that purpose may employ a licensed embalmer of the state of Wyoming as an inspector and to aid in the enforcement of this act and rules adopted pursuant thereto, whose compensation and expenses shall be payable only out of the fees collected by the board. The board shall suspend or revoke licenses after hearing by said board and after ten (10) days notice to the licensee, upon such licensee being found guilty by said board of any of the following acts or omissions:
(i) Conviction of a crime involving moral turpitude;
(ii) Unprofessional conduct which is hereby defined to include:
(A) Misrepresentation or fraud in the conduct of the business or the profession of a funeral director;
(B) False or misleading advertising as a funeral director;
(C) Solicitation of human dead bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or while death is impending; provided, this shall not be deemed to prohibit general advertising;
(D) Employment by the licensee of persons known as "cappers" or "steerers" or "solicitors", or other persons to obtain funeral directing or embalming business;
(E) Employment directly or indirectly of any apprentice agent, assistant, embalmer, employee, or other persons, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director or embalmer;
(F) The buying of business by the licensee, his agents, assistants, or employees, or the direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants, or employees, for the purpose of securing business;
(G) Gross immorality;
(H) Aiding or abetting an unlicensed person to practice funeral directing or embalming; (J) Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed of; (K) Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery; (M) Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body in violation of board rules adopted pursuant to subsection

(b) of this section; (N) Violation of any of the provisions of this act [

33-16-301 through 33-16-317]; (O) Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies; (P) Fraud or misrepresentation in obtaining a license; (Q) Refusing to promptly surrender the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof; (R) Taking undue advantage of his patrons or being guilty of fraud or misrepresentation in the sale of merchandise to his patrons.

(b) Notwithstanding any other provision of law the lease of a casket for funeral and other services of a person to be cremated is hereby authorized. The board shall adopt rules regulating the lease of caskets to ensure sanitary use.

(c) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. Notwithstanding subsection

(a) of this section, no appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

33-16-311. Petition for revocation or suspension of license; notice for hearing; order of suspension or revocation. A petition for the revocation or suspension of a license may be filed by the attorney general or by the county attorney of the county in which the licensee resides or has practiced, or by any citizen residing in this state. Said petition shall be filed with the Wyoming state board of embalming and shall be entitled, "In the Matter of the Revocation (or Suspension) of the License of (name of licensee) to Practice Funeral Directing", and shall state the charges against the licensee with reasonable definiteness. Upon the presentation of the petition to said board, the board shall make an order fixing a time and place of hearing thereon which shall not be less than ten (10) days nor more than thirty (30) days thereafter. Notice of filing of such petition and the time and place of hearing shall be served upon the licensee at least ten (10) days before said hearing. Said notice may be served by any sheriff or constable or by any person especially appointed by the board. Order of revocation or suspension of licenses shall be entered of record and the name of said licensee stricken from the roster of licentiates and the licensee may not engage in the practice of funeral directing after revocation of license or during the time for which it is suspended.

33-16-312. Petition for revocation or suspension of license; appeal to district court. Both parties shall have the right of appeal to the district court of the county in which the licensee resides at any time within thirty (30) days after entry of the order of the board. The service of a notice in writing, of the intention of taking such an appeal, within ten (10) days after the entry of the order shall be sufficient notice to the adverse party of such appeal. A transcript of all pleadings upon which the cause was submitted to the board, duly certified, shall be filed in the office of the clerk of the district court and such filing shall complete the appeal. The trial of the district court upon such appeal shall be de novo. In the event the licensee appeals, the decision of the board shall not be stayed by the proceedings on appeal and such appeal shall not operate to restore the right of the licensee to practice pending such appeal, unless bond, with sufficient surety, to be approved by said clerk of the district court, shall be posted with said clerk of the district court, in such sums as the judge or court commissioner may require, conditioned that such appeal shall be prosecuted without unnecessary delay and in case the decision appealed from be confirmed the licensee shall pay all costs.

33-16-313. Disposition of fees. All monies shall be received and collected as provided by law. The state treasurer shall put the money into a separate account in the treasury of the state of Wyoming.

33-16-314. Duty to ascertain cause of death; embalmer to prepare body for transportation or removal if death due to communicable, contagious or infectious disease. It shall be the duty of every funeral director and undertaker, when called to take charge of a dead body, to first ascertain the cause of death; and if death has occurred from any communicable, contagious or infectious disease, said funeral director or undertaker shall not remove or transport said body until after said body has been prepared for transportation or removal by a licensed embalmer of this state.

33-16-315. Funeral where death caused by communicable, contagious or infectious disease. No funeral director or undertaker shall conduct a public funeral either at his place of business or at a private dwelling house or elsewhere in cases where the deceased died of any communicable, contagious or infectious disease, except in strict compliance with the rules and regulations to be promulgated, from time to time, by the board.

33-16-316. Persons barred from embalming room; exceptions. It shall be the duty of every funeral director, undertaker and embalmer, not to permit any person or persons to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors and undertakers, public officers in the discharge of their official duties, and attending physicians and their assistants, unless by direct permission of the immediate family.

33-16-317. Prohibited acts; penalty for violations; continuing offenses. Any person, firm or corporation who shall engage, directly or indirectly, in the business of funeral directing or undertaking or hold himself or itself out as a funeral director or undertaker or attempt to take care of the disposition of dead human bodies without having complied with the provisions of this chapter and without being licensed so to do, as herein provided, or who shall continue in the business of a funeral director or undertaker, after his or its license has been revoked, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00); and each day that he or it is so engaged in such business shall be deemed a separate offense and every funeral director or undertaker or any person acting for him, who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business as such funeral director or undertaker and every person who accepts or offers to accept any money or other thing of value as a commission or gratuity from a funeral director or undertaker in order to secure business for him shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), or shall be imprisoned in the county jail for not less than thirty (30) days or punished by both such fine and imprisonment.

33-16-318. Exceptions. To the extent the provisions of this article conflict with the authority granted by W.S. 35-1-241, the provisions in this article may be superseded by the provisions of W.S. 35-1-241.

ARTICLE 4 - CREMATORIES

33-16-401. Definitions of terms.

(a) As used in this act [

33-16-401 through 33-16-409]:
(i) "Cremated remains" means human remains after cremation in a crematory;
(ii) "Cremation" means the reduction of the body of a deceased person to cremated remains in a crematory;
(iii) "Crematory" means a building or structure containing one (1) or more retorts for the reduction of bodies of deceased persons to cremated remains;
(iv) "Human remains" means the body of a deceased person and includes the body in any stage of decomposition and cremated remains.

33-16-402. Cremation of human remains. The funeral director, mortician, embalmer or other person having charge of the preparation of human remains for burial or the last rites and committal services thereof shall have the right to be present either in person or by his employees, at any stage of the cremation of such human remains. No crematorium shall accept human remains for cremation until it has received a burial-transit permit required by law.

33-16-403. Inspection of crematories; rules and regulations. The state board of embalming shall establish, promulgate and amend reasonable rules and regulations governing the cremation of human remains. The rules shall provide minimum standards of sanitation, required equipment and fire protection which the state board of embalming deems necessary for the protection of the public. The state board of embalming shall inspect all crematoriums at least once each year.

33-16-404. Removal of human remains. Human remains delivered to a crematorium shall not be removed from the casket or other container without the written authorization of the person giving the consent to or requesting the cremation of the human remains. The use of a casket or other container is not a necessary requirement of cremation.

33-16-405. Permits to operate crematories. Any person, firm, association or corporation, desiring to operate a crematory in the state of Wyoming shall apply for and receive from the state board of embalming a permit or license to be issued by and in such form as the state board of embalming prescribes. Applications for permits to operate crematories shall be in writing and shall contain the name of the applicant, the address and location of the crematory and such further information as the state board of embalming requires. The state board of embalming shall examine the premises and structure to be used as a crematory and shall issue the permit only if the applicant and the structure meet the standards required by the rules and regulations of the state board of embalming and the provisions of this act [

33-16-401 through 33-16-409].

33-16-406. License or permit fee; renewal. Each applicant for a permit to operate a crematory in the state of Wyoming shall pay to the state board of embalming at the time of filing the application a fee to be established by the state board of embalming pursuant to W.S.

33-1-201. All licenses or permits issued under this act shall expire on December 31 of each year and may be renewed by payment of the annual license fee to be established by the state board of embalming pursuant to W.S.

33-1-201 provided the applicant is not in violation of this act or the rules and regulations of the state board of embalming.

33-16-407. Records of crematories. Upon the receipt of a human body for cremation, the crematory shall deliver to the funeral director or his agent who delivers the body to the crematory, a receipt therefor, showing the date of delivery, name of the funeral director from whom the body is received and the name of the deceased. Each crematory shall maintain a record of each cremation of human remains disclosing the name of the person cremated, the name of the person authorizing the cremation, the date the body was received, the date the cremation was performed and such other information as the state board of embalming may require. The record of each cremation shall be signed by the owner or operator of the crematorium and by the funeral director, mortician, embalmer or other person having charge of the preparation of the human remains for cremation. The record shall be kept at the crematory for inspection by the state board of embalming which may also require copies thereof to be filed with it containing such information as may be necessary for the use of the board.

33-16-408. Revocation and refusal to reissue license.

(a) The state board of embalming may refuse to grant or renew and may revoke a license provided for in this act to a person otherwise qualified who fails to meet or comply with the provisions of this act or the rules and regulations adopted by the state board of embalming pursuant to the provisions of this act.

(b) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

33-16-409. Violation declared public nuisance; enforcement; penalties. Maintenance or operation of a building or structure within the state of Wyoming as a crematorium in violation of the provisions of this act [

33-16-401 through 33-16-409] or the rules and regulations of the state board of embalming is a public nuisance and may be abated as provided by law. Any person who violates any of the provisions of this act is guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding one hundred dollars ($100.00) or imprisoned in the county jail for a period not exceeding thirty (30) days, or both.

Chapter 8 Cemeteries and Burials Article

Article 1. In General

Article 2. Municipal Cemeteries

Article 3. Special Cemetery Districts

Article 4. Vaults, Crypts and Mausoleums Am. Jur. 2d, ALR and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 1 et seq.; 22A Am. Jur. 2d Dead Bodies § 1 et seq.; 71 Am. Jur. 2d State and Local Taxation § 333, 334. Rights and remedies as between cotenants of cemetery lots respecting burials therein, 10 ALR2d 219. Acquisition of title to ground through adverse possession by cemetery or graveyard authorities, 41 ALR2d 925. Gift for maintenance or care of private cemetery or burial lot, or of tomb or of monument, including the erection thereof, as valid trust, 47 ALR2d 622. Validity of public prohibition or regulation of location of cemetery, 50 ALR2d 905. Cemetery or burial ground as nuisance, 50 ALR2d 1324. Private or family cemeteries, 75 ALR2d 591. Validity and effect of testamentary direction as to disposition of testator's body, 7 ALR3d 747. To whom does title to burial lot pass on testator's death, in absence of specific provision in his will, 26 ALR3d 1425. Liability for injury to or death of pallbearer, 48 ALR3d 1280. Construction and application of graverobbing statutes, 52 ALR3d 701. Enforcement of preference expressed by decedent as to disposition of his body after death, 54 ALR3d 1037. Liability in action based upon negligence, for injury to, or death of, person going upon cemetery premises, 63 ALR3d 1252. Disinterment in criminal cases, 63 ALR3d 1294. Liability of cemetery in connection with conducting or supervising burial services, 42 ALR4th 1059. Dead bodies: liability for improper manner of reinterment, 53 ALR4th 394. Liability for desecration of graves and tombstones, 77 ALR4th 108. 14 C.J.S. Cemeteries § 2 et seq.

Article 1. In General

Sec.

35-8-101. Survey and platting of cemetery grounds.
35-8-102. Conveyance of cemetery lots.
35-8-103. Use of income derived from sale of lots; perpetual care fund; funds to be as a trust; not liable to attachment or garnishment.
35-8-104. Exemption from taxation.
35-8-105. Prohibited acts; penalty for violation.

Cross references. — As to duty to bury or cremate dead human bodies after use for scientific purposes, see § 35-4-605. For offenses of molesting graves or mutilation of dead bodies, see §§ 6-4-501, 6-4-502. As to duty of coroner to bury deceased persons without friends, see § 7-4-207. As to disposition of body of executed convict, see § 7-13-915. As to burial of indigent veterans, see § 19-14-101. As to prepaid or prearranged funeral contracts, see §§ 26-32-101 to 26-32-103. For provisions relating to embalmers, funeral directors and undertakers generally, see §§

33-16-101 to

33-16-317.

§ 35-8-101. Survey and platting of cemetery grounds. Any person, firm, corporation or municipality desiring to maintain a cemetery or to sell lots or parcels of land for cemetery or burial purposes shall cause such land, or such portion thereof as may, from time to time be or become necessary for that purpose, to be surveyed into lots, blocks, streets, avenues and walks, and platted; and the lots and blocks shall be regularly numbered or designated and marked on such plat. The plat of the ground so surveyed and platted, and the dedication of the streets, avenues and walks as set forth therein, shall be duly executed and acknowledged by the person, firm, corporation or municipality owning such property in accord with the requirements for the conveyances of real property and shall be filed and recorded in the office of the county clerk of the county in which the land so platted is situated; and when so platted, filed and recorded the streets, avenues and walks as therein dedicated to the public, shall be the property of the county in which such cemetery is situated for the use and benefit of the owners of lots and blocks therein.

(Laws 1929, ch. 138, § 1; R.S. 1931, § 18-101; C.S. 1945, § 38-101; W.S. 1957, § 35-372.)

Cross references. — For provision allowing petition of common property except cemeteries jointly used by religious societies or congregations, see § 1-32-121. Am. Jur. 2d, ALR and C.J.S. references. — Zoning regulations in relation to cemeteries, 96 ALR3d 921.

§ 35-8-102. Conveyance of cemetery lots. Cemetery lots or blocks may be conveyed by certificates signed by the owner thereof, with the corporate or municipal seal attached and attested by the secretary or clerk in appropriate cases, specifying that the person to whom the same is issued is the owner of the lot or block, described therein by number or other symbol, for the purpose of interment, and such certificate shall vest in the person designated therein, his heirs or assigns, a right in fee simple to such lot or block for the sole purpose of interment, under the regulations of the owner thereof, and such certificate shall be entitled to be recorded in the office of the county clerk in the proper county, without further acknowledgment, and such description of lots shall be deemed and recognized as a sufficient description thereof.

(Laws 1929, ch. 138, § 4; R.S. 1931, § 18-104; C.S. 1945, § 38-104; W.S. 1957, § 34-373.)

Cross references. — For authority of United States to acquire land for national cemeteries, see § 36-10-101.

§ 35-8-103. Use of income derived from sale of lots; perpetual care fund; funds to be as a trust; not liable to attachment or garnishment. The proceeds arising from the sale of lots in any cemetery by any person, firm, corporation or municipality, and all other income and revenue thereof, shall be exclusively applied, appropriated or used in improving, preserving and embellishing such cemetery, and its appurtenances, and to paying the necessary operating expenses thereof, and shall not be applied or appropriated to any purpose of profit to the person, firm, corporation or municipality owning or maintaining same; provided, that any mutual cemetery corporation or municipality may use such income and revenue for purchasing or acquiring additional adjacent grounds for cemetery purposes only; provided, however, any cemetery organized by any individual, group of individuals, corporation or association, except municipal corporations and duly organized cemetery districts shall establish a perpetual care fund in an amount equal to at least ninety cents ($.90) for each square foot of cemetery lot sold after the effective date of this act. In support of, and for the protection of such perpetual care fund, there shall be established a trust fund in such amount and under such terms and conditions, including bonded protection of a permanent and enduring nature, as the insurance commissioner of the state of Wyoming may prescribe to carry out the objectives and contractual commitments and trust of such individual, corporation or association. In the case of the operation of a mausoleum for the sale of vaults or crypts therein the perpetual care fund shall be twenty percent (20%) of the purchase price. Such fund shall be operated as a perpetual trust according to requirements approved by the insurance department, and shall be used for the benefit of the grave sales and cemetery lots for which deposits shall have been made. The insurance commissioner shall specify securities approved for the investment of the funds which shall include investment of funds with a duly licensed Wyoming bank, trust company, or federal building and loan association, and may require an audit of all of the books and accounts of the cemetery as the need may arise. The cemetery organization shall file a copy of a purchase contract or installment contract for lot or lots, if any there be, with the insurance commissioner when said contract is entered into and shall forthwith notify the insurance commissioner of the final payment or default, if any be made, of such contract or contracts. Any and all funds received and invested as stipulated in this act, and the income therefrom, shall be as a trust and shall not be liable to attachment, garnishment, or other processes, nor shall be seized, taken or appropriated or applied by any legal or equitable processes or operation of law to pay any debt or liability of the person, partnership, association, company or corporation organizing or thereafter operating such cemetery.

(Laws 1929, ch. 138, § 2; R.S. 1931, § 18-102; C.S. 1945, § 38-102; Laws 1955, ch. 239, § 1; W.S. 1957, § 35-374.)

Cross references. — As to perpetual care and maintenance trust fund, see § 35-8-404. Am. Jur. 2d, ALR and C.J.S. references. — Validity, construction, and application of statutes or ordinances regulating perpetual-care trust funds of cemeteries and mausoleums, 54 ALR5th 681.

§ 35-8-104. Exemption from taxation. All property of any person, firm, corporation or municipality so platted and dedicated for cemetery purposes, shall be exempt from taxation, assessment, lien, attachment, and from levy and sale upon execution, except for the purchase price thereof.

(Laws 1929, ch. 138, § 3; R.S. 1931, § 18-103; C.S. 1945, § 38-103; W.S. 1957, § 35-375.)

§ 35-8-105. Prohibited acts; penalty for violation. Any person, firm, or the managing officer or officers of any corporation or municipality that sells, contracts for sale, or in any other manner disposes of any lot, block or parcel of land for interment or burial of deceased persons therein, either for money or other thing of value, without having complied with all of the provisions of this act [§§ 35-8-101 to 35-8-105], and any person, firm, or the managing officer or officers of any corporation or municipality that uses any of the proceeds, income, revenue or profits from the sale of any lot, block or parcel of land for the interment or burial of deceased persons therein, for his private gain or benefit, excepting only those operating reserve or endowment fund cemeteries as provided in this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof such person or firm or the managing officer or officers of such corporation or municipality shall be fined any sum not to exceed one hundred dollars ($100.00), or be imprisoned in the county jail for not to exceed three (3) months, or both.

(Laws 1929, ch. 138, § 5; R.S. 1931, § 18-105; C.S. 1945, § 38-105; W.S. 1957, § 35-376.) Article 2. Municipal Cemeteries

Sec.

35-8-201. Power of cities and towns with respect to cemeteries.
35-8-202. Purchase of grounds outside corporate limits.
35-8-203. Bond issue; purposes for which issue authorized; denominations, form, interest and issuance.
35-8-204. Bond issue; submission of issue to voters.
35-8-205. Bond issue; cemetery bond tax.
35-8-206. Bond issue; bond register.
35-8-207. Bond issue; redemption of bonds.
35-8-208. Bond issue; duty of treasurer upon payment.
35-8-209. Bond issue; custodian of moneys collected.
35-8-210. Ordinances, rules and regulations.
35-8-211. Application.
35-8-212. Authority to declare abandoned unoccupied lots; procedure; resale.

§ 35-8-201. Power of cities and towns with respect to cemeteries. In addition to the powers conferred upon them by law, each incorporated city or town in the state of Wyoming shall have power and authority to purchase, hold, and pay for lands, not exceeding eighty (80) acres in one (1) body, outside of the limits of any incorporated city or town, for the purpose of the burial of the dead; to have and exercise such police jurisdiction over the same, and over any cemetery lying near said city or town and used by the inhabitants thereof, as may be necessary for the proper control and regulation of the same; to survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and the avenues or streets leading thereto, owned by the city or town; to construct walks, rear and protect ornamental trees therein, and provide for paying the cost thereof; to convey cemetery lots owned by such city or town, and to issue deeds of conveyance therefor in such form and with such conditions therein as may be prescribed by the mayor and council of such city or town, which deeds of conveyance shall be signed by the mayor and attested by the city clerk of such city or town; to limit the number of cemetery lots which shall be owned by the same person at the same time; and to prescribe rules for enclosing and adorning cemetery lots, and the erection of monuments and tombstones thereon.

(Laws 1917, ch. 90, § 1; C.S. 1920, § 2150; R.S. 1931, § 18-201; C.S. 1945, § 38-201; W.S. 1957, § 35-377.)

Cross references. — As to powers of cities and towns generally, see § 15-1-103.

§ 35-8-202. Purchase of grounds outside corporate limits. For the purpose of carrying out any of the powers conferred by this act [§§ 35-8-201 through 35-8-211], any such city or town may go beyond its corporate limits and purchase, or otherwise acquire, real property.

(Laws 1917, ch. 90, § 11; C.S. 1920, § 2160; R.S. 1931, § 18-211; C.S. 1945, § 38-211; W.S. 1957, § 35-378.) Am. Jur. 2d, ALR and C.J.S. references. — Zoning regulations in relation to cemeteries, 96 ALR3d 921.

§ 35-8-203. Bond issue; purposes for which issue authorized; denominations, form, interest and issuance. An incorporated city or town in the state of Wyoming is authorized, for the purpose of providing funds for purchasing and improving lands for cemetery purposes, to borrow money and to issue negotiable coupon bonds of the city or town in an amount not exceeding at one (1) time two percent (2%) of the assessed value of the city or town. The bonds shall be of the denominations as the city or town council shall determine, which bonds shall be numbered consecutively from one (1) upward, payable in thirty (30) years from date of issue, and redeemable at the pleasure of the city or town after ten (10) years, and shall bear interest at a rate determined by the city or town council. The bonds when issued shall be signed by the mayor and countersigned by the clerk and the treasurer of the city or town but the bonds shall not be sold for less than their par value.

(Laws 1917, ch. 90, § 2; C.S. 1920, § 2151; R.S. 1931, § 18-202; C.S. 1945, § 38-202; W.S. 1957, § 35-379; Laws 1971, ch. 254, § 30; 1981, ch. 143, § 1; 1982, ch. 28, § 1.)

Cross references. — For constitutional limitation on municipal debt, see art. 16, § 5, Wyo. Const. As to limitation of amount and redemption of bonds, see §§ 16-5-301 to 16-5-303.

§ 35-8-204. Bond issue; submission of issue to voters. No bonds shall be issued for the purpose provided by this article until the proposition to issue the same shall have been submitted to a vote of the qualified electors of the city or town, and by them approved. The proposition shall be submitted at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112. The proposition so submitted to a vote of the qualified electors shall specify the amount of the bonds proposed to be issued, the rate of interest, and the purpose for which it is proposed to issue the same. It shall be the duty of the city clerk of the city or town to cause ballots to be prepared, either separately from other ballots in case of a special election, or upon other ballots in case of a primary or general election, with the words “for cemetery bonds” and “against cemetery bonds”, leaving a place opposite each proposition in which the voter shall mark his vote for or against the bonds. If, upon a canvass of the votes upon such proposition, a majority of the votes be for the issue of the bonds, then the mayor and city council are authorized to issue same as provided in this act.

(Laws 1917, ch. 90, § 5; C.S. 1920, § 2154; R.S. 1931, § 18-205; C.S. 1945, § 38-205; W.S. 1957, § 35-380; 1996, ch. 97, § 2.)

Cross references. — For constitutional provision requiring voter approval, see art. 16, § 4, Wyo. Const.

§ 35-8-205. Bond issue; cemetery bond tax. There shall be annually levied and collected on all taxable property, real, personal, and mixed, within such city or town, a sufficient tax to pay the interest on said bonds as the same may become due, and to redeem such bonds as provided in this article, which tax shall be levied and collected in the same manner as other city or town taxes; said taxes to be known as the “cemetery bond tax”, and shall be used for the payment of interest, principal, and the redemption of the bonds so issued, and for no other purpose. And all moneys collected by such cities or towns from purchasers of cemetery lots, save such amount as shall be required for the maintenance and improvement of such cemeteries, shall become part of the cemetery bond fund, and shall be used only for the payment of the principal and interest of the bonds in this act [§§ 35-8-201 through 35-8-211] authorized to be issued.

(Laws 1917, ch. 90, § 4; C.S. 1920, § 2153; R.S. 1931, § 18-204; C.S. 1945, § 38-204; W.S. 1957, § 35-381.)

§ 35-8-206. Bond issue; bond register. The city or town treasurer shall keep a book in which shall be registered all such bonds, showing the number of the bond, the date of issue, to whom issued, the amount, the date of redemption, and payment of interest; which book shall be open to all persons to examine the same during business hours.

(Laws 1917, ch. 90, § 3; C.S. 1920, § 2152; R.S. 1931, § 18-203; C.S. 1945, § 38-203; W.S. 1957, § 35-382.)

Cross references. — For constitutional provision requiring endorsement on bonds, see art. 16, § 8, Wyo. Const.

§ 35-8-207. Bond issue; redemption of bonds. Any city or town, issuing bonds for the purpose provided in this act [§§ 35-8-201 through 35-8-211], shall each year after the tenth year after the issue of said bonds, redeem at least one-twentieth of the said bonds in the order of their issue.

(Laws 1917, ch. 90, § 6; C.S. 1920, § 2155; R.S. 1931, § 18-206; C.S. 1945, § 38-206; W.S. 1957, § 35-283.)

Cross references. — As to redemption of bonds held by state, see § 16-5-303.

§ 35-8-208. Bond issue; duty of treasurer upon payment. It shall be the duty of the city or town treasurer, as rapidly as any coupons of said bonds are paid, to cause the word “paid” to be cut in the same, and as rapidly as said bonds are paid to cause the word “paid” to be cut in the body of the same.

(Laws 1917, ch. 90, § 7; C.S. 1920, § 2156; R.S. 1931, § 18-207; C.S. 1945, § 38-207; W.S. 1957, § 35-284.)

§ 35-8-209. Bond issue; custodian of moneys collected. The city or town treasurer shall be custodian of all moneys arising from the sale of bonds issued in pursuance of the authority given by this chapter, and he shall give additional bond, or bonds, for the safekeeping and distributing of all such funds, as may be provided by the city or town council.

(Laws 1917, ch. 90, § 8; C.S. 1920, § 2157; R.S. 1931, § 18-208; C.S. 1945, § 38-208; W.S. 1957, § 35-385.)

§ 35-8-210. Ordinances, rules and regulations. Any such city or town is hereby authorized and empowered to enact all ordinances necessary to the complete exercise of all the powers in this act [§§ 35-8-201 through 35-8-211] granted, and to carry out the same, and is authorized to make all ordinances, rules, and regulations for the protection, maintenance, and improvement of such cemeteries, and of all property connected therewith, and all streets, avenues, and roads leading to such cemeteries.

(Laws 1917, ch. 90, § 9; C.S. 1920, § 2158; R.S. 1931, § 18-209; C.S. 1945, § 38-209; W.S. 1957, § 35-386.)

§ 35-8-211. Application. This act [§§ 35-8-201 through 35-8-211] shall apply to all cities and towns in the state of Wyoming whether incorporated by special charter or under general laws, and the taxes herein provided for, shall be in addition to all other taxes provided or authorized by law.

(Laws 1917, ch. 90, § 10; C.S. 1920, § 2159; R.S. 1931, § 18-210; C.S. 1945, § 38-210; W.S. 1957, § 35-387.) Repealing clauses. —

Section 12 , ch. 90, Laws 1917, repealed § 1695, ch. 121, C.S. 1910, and all laws and parts of laws in conflict therewith.

§ 35-8-212. Authority to declare abandoned unoccupied lots; procedure; resale. Any city, town or special cemetery district may declare abandoned the ownership of any unoccupied lots or parcels of land in municipally owned cemeteries, created under and by virtue of W.S. 35-8-201 through 35-8-211, inclusive, or any special cemetery district whenever there has been no contact with or knowledge of the owners, heirs, or assigns, as the case may be, of such lots or parcels for more than twenty-five (25) years. Prior to declaring such abandonment, notice shall be served by registered mail at the last known address of such owner, heirs, or assigns. In the event that the address cannot be ascertained, notice shall be given by one (1) publication in the official newspaper of the municipality or special cemetery district in which the cemetery is located. Said notice shall allow thirty (30) days for the owner, heirs, or assigns to advise the city or town or special cemetery district of his identity and address; and if he does so, the city or town or special cemetery district shall not declare the abandonment. Upon the failure of the owner, heirs, or assigns to so communicate with the city or town, it may by resolution declare such lots or parcels abandoned. Thereafter, it may resell such lots or parcels, but shall place in trust an amount of money equivalent to the original selling price of such lots or parcels for payment to the owner, heirs, or assigns. Said trust fund shall be placed in legal investments, and the interest received therefrom shall annually be deposited to the city's or town's general fund or the general fund of the special cemetery district. Money received from the resale of such lots and parcels and deposited in said trust fund may be withdrawn by the cities or towns or the special cemetery district and placed in their general fund if not claimed by the owner, heirs, or assigns within twenty-five (25) years after being so deposited. So long as such lots or parcels remain unsold, the owners, heirs, or assigns may reclaim them by identifying themselves and establishing their right to such lots or parcels.

(Laws 1967, ch. 221, § 1; W.S. 1957, § 35-387.1; Laws 1971, ch. 76, § 1.) Article 3. Special Cemetery Districts

Sec.

35-8-301. Procedure for proposing establishment of special cemetery district.
35-8-302. [Repealed.] 35-8-303. Body corporate; name and style; powers generally; rules and regulations of trustees.
35-8-304. Election of trustees in newly established districts; terms.
35-8-305. Procedure for election of trustees in previously existing districts.
35-8-306. [Repealed.] 35-8-307. [Repealed.] 35-8-308 through 35-8-313. [Repealed.] 35-8-314. Administration of finances; assessment and levy of taxes.
35-8-315. Tax exemption.
35-8-316. Bond issue; question of issuance to be submitted to electors; amount and interest.
35-8-317. Bond issue; conduct of election.
35-8-318. Bond issue; issuance; form; advertising for bidders; sale.
35-8-319. Bond issue; preparation and execution; certification; to be registered by county treasurer.
35-8-320. Bond issue; payment guaranteed.
35-8-321. Bond issue; payment of principal and interest.
35-8-322. Bond issue; validity.
35-8-323. Districts charged with maintaining existing public cemeteries.
35-8-324. Cemeteries in cities and towns in conflict with special cemetery district.

§ 35-8-301. Procedure for proposing establishment of special cemetery district.

(a) through

(d) Repealed by 1998 Laws, ch. 115, § 5.

(e) A special cemetery district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.

(Laws 1955, ch. 243, § 1; W.S. 1957, §n 35-388; Laws 1959, ch. 146, § 1; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1998, ch. 115, §§ 2, 5.)

Cross references. — For provisions relating to bond elections, see § § 22-21-101 to 22-21-112, and 22-21-201.

§ 35-8-302. [Repealed.] Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. — This section, which derived from Laws 1955, ch. 243, § 2, related to establishment of a district by majority vote.

§ 35-8-303. Body corporate; name and style; powers generally; rules and regulations of trustees. Each district established is hereby declared to be a body corporate by the name and style of the . . . . . cemetery district and the name therefor shall be entered upon the commissioners' records and shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located. In the name so selected, the district may hold property and be a party to contracts, shall have power to sue and be sued, shall be empowered through its governing board to acquire real and personal property and equipment for cemetery purposes by gift, devise, bequest or purchase and to enter into contracts for the acquisition by purchase or lease of real and personal property and equipment; to convey, lease and otherwise dispose of its property for cemetery purposes and as a cemetery district, to establish sinking funds for said purposes; to issue bonds for the purchase of real property and improvements and equipment for the same, for cemetery purposes in the manner hereinafter provided, and the trustees thereof shall have power to make such rules and regulations as are necessary for the proper operation of the district and shall file them with the county clerk for each county in which the district is located.

(Laws 1955, ch. 243, § 3; W.S. 1957, § 35-390; Laws 1994, ch. 99, § 2; 1998, ch. 115, § 2.)

§ 35-8-304. Election of trustees in newly established districts; terms. An election of six (6) trustees shall be held therein at the same time as the election for formation of the district. Trustees shall serve without compensation to govern the affairs of the district. There shall be elected three (3) members to serve until the next succeeding district election, and three (3) members to serve until the second succeeding district election and until their successors are elected and qualified.

(Laws 1955, ch. 243, § 4; W.S. 1957, § 35-391; Laws 1963, ch. 9, § 1; 1985, ch. 204, § 1; 1994, ch. 99, § 2; 1998, ch. 115, § 2.)

§ 35-8-305. Procedure for election of trustees in previously existing districts. In all such districts existing as of January 1, 1999, the terms of directors shall be allowed to expire and a vacancy shall be declared and filled pursuant to W.S. 22-29-201 and 22-29-202 until the next regular scheduled subsequent director election as provided under W.S. 22-29-112. At that election three (3) trustees shall be elected for four (4) year terms and three (3) for two (2) year terms.

(Laws 1955, ch. 243, § 5; W.S. 1957, § 35-392; Laws 1963, ch. 9, § 2; 1969, ch. 48, § 1; 1998, ch. 115, § 2.)

§ 35-8-306. [Repealed.] Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. — This section, which derived from Laws 1955, ch. 243, § 6, related to the requirement that the voter's name appear on a poll list.

§ 35-8-307. [Repealed.] Repealed by Laws 1994, ch. 99, § 3.

Editor's notes. — This section, which derived from Laws 1955, ch. 243, § 7, related to the oath required if an elector's name does not appear on the poll list.

§§ 35-8-308 through 35-8-313. [Repealed.] Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. — These sections, which derived from Laws 1955, ch. 243, §§ 8 through 13, related to certain procedures regarding election of trustees of special cemetery districts.

§ 35-8-314. Administration of finances; assessment and levy of taxes.

(a) The board of trustees of special cemetery districts shall administer the finances of such districts according to the provisions of the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-124, and file a report as provided by W.S. 9-1-507. The assessor shall at the time of making the annual assessment of his district also assess the property of each special cemetery district in his county and return to the county assessor at the time of returning the assessment schedules, separate schedules listing the property of each such district assessed by him. The separate schedules shall be compiled by the county assessor, footed and returned to the board of county commissioners as provided for other assessment schedules.

(b) The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in such district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each such district, but in no case shall the tax for such district exceed in any one (1) year the amount of three (3) mills on each dollar of assessed valuation of such property. The taxes and assessments of all special cemetery districts shall be collected by the county collector at the same time and in the same manner as state and county taxes are collected, provided, however, said assessment and tax levied under provisions of this act [§§ 35-8-301 through 35-8-323] shall not be construed as being a part of the general county mill levy.

(Laws 1955, ch. 243, § 14; W.S. 1957, § 35-401; Laws 1959, ch. 146, § 3; 1993, ch. 75, § 1.) Validity of tax levy. — The county commissioners can levy a tax of not exceeding three mills for the operation and maintenance of a cemetery district though tax when combined with town's general levy exceeded eight mills, since operation and maintenance of cemetery district is not an essential function of a town or city. War Mem. Hosp. v. Board of County Comm'rs, 73 Wyo. 371, 279 P.2d 472, 1955 Wyo. LEXIS 4 (1955).

§ 35-8-315. Tax exemption. The property of such cemetery districts shall be exempt from taxation.

(Laws 1955, ch. 243, § 15; W.S. 1957, § 35-402.)

Cross references. — As to exemptions from taxation generally, see § 39-11-105.

§ 35-8-316. Bond issue; question of issuance to be submitted to electors; amount and interest. The board of trustees of any cemetery district may, whenever a majority thereof so decide, request the board of county commissioners to submit to the electors of the district the question whether the board of trustees shall be authorized to issue the coupon bonds of the district in a certain amount, not to exceed two percent (2%) of the assessed value of the taxable property in the district, and bearing a certain rate of interest, payable and redeemable at a certain time, not exceeding twenty-five (25) years for the purchase of real property, for the construction or purchase of improvements and for equipment for cemetery purposes.

(Laws 1955, ch. 243, § 16; W.S. 1957, § 35-403; Laws 1971, ch. 254, § 31; Laws 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1996, ch. 97, § 2.)

Cross references. — For constitutional provisions requiring voter approval and imposing limitation on debt, see art. 16, §§ 4, 8, Wyo. Const. As to limitation of amount and redemption of bonds, see §§ 16-5-301 to 16-5-303.

§ 35-8-317. Bond issue; conduct of election. The election authorized under W.S. 35-8-316 shall be called, conducted and the results thereof canvassed and certified in all respects as near as practicable in the same manner as is provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

(Laws 1955, ch. 243, § 17; W.S. 1957, § 35-404; 1996, ch. 97, § 2.)

Cross references. — See § 35-8-301 and cross references thereto.

§ 35-8-318. Bond issue; issuance; form; advertising for bidders; sale. If the proposal to issue said bonds shall be approved, the board of trustees may issue such bonds in such form as the board may direct and shall give notice by publication in some newspaper published in the counties in which said district is located and in some newspaper of general circulation in the capital of this state of its intention to issue and negotiate such bonds, and to invite bidders therefor; provided that in no case shall such bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. And the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district.

(Laws 1955, ch. 243, § 18; W.S. 1957, § 35-405.)

§ 35-8-319. Bond issue; preparation and execution; certification; to be registered by county treasurer. After ascertaining the best terms upon and the lowest interest at which said bonds can be negotiated, the board shall secure the proper engraving and printing and consecutive numbering thereof, and said bonds shall thereupon be otherwise properly prepared and executed. They must bear the signature of the president of the board of trustees and be countersigned by the secretary of the board and bear the district seal and be countersigned by the county treasurer of the county in which the funds of the district are kept, and the coupons attached to the bonds must be signed by said president, secretary and county treasurer; and the secretary of the board shall endorse a certificate upon every such bond, that the same is within the lawful debt limit of such district and is issued according to law and he shall sign such certificate in his official character. When so executed, they shall be registered by the county treasurer where said district's funds are kept in a book provided for that purpose, which must show the number and amount of each bond and the person to whom the same is issued.

(Laws 1955, ch. 243, § 19; W.S. 1957, § 35-406.)

Cross references. — For constitutional provision requiring endorsement on bonds, see art. 16, § 8, Wyo. Const.

§ 35-8-320. Bond issue; payment guaranteed. The full faith and credit of each cemetery district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by such district.

(Laws 1955, ch. 243, § 20; W.S. 1957, § 35-407.)

§ 35-8-321. Bond issue; payment of principal and interest. The county treasurer where said district's funds are kept may pay out of any moneys belonging to said district tax fund, the interest and the principal upon any bonds issued by such district, when the same becomes due, upon the presentation at his office of the proper coupon or bond, which must show the amount due, and each coupon must also show the number of the bond to which it belonged, and all bonds and coupons so paid, must be reported to the district trustees at their first regular meeting thereafter.

(Laws 1955, ch. 243, § 21; W.S. 1957, § 35-408.)

§ 35-8-322. Bond issue; validity. All cemetery districts heretofore formed and organized under the provisions of chapter 58 of the Session Laws of Wyoming, 1949 [repealed], or under the provisions of chapter 141, Session Laws of Wyoming, 1951 [repealed], are hereby declared to be duly organized and existing cemetery districts; and all bonds heretofore issued and sold for the purpose of providing for the purchase of real property and improvements and equipment for cemetery purposes, by any cemetery district established under the provisions of chapter 58, Session Laws of Wyoming, 1949, or under the provisions of chapter 141, of the Session Laws of Wyoming, 1951, where the purchase money for such bonds has been actually received and retained or used for the purpose for which such bonds were sold, are hereby declared to be the valid and legally binding obligations of such district and all proceedings under which such bonds were issued are approved, ratified and declared valid.

(Laws 1955, ch. 243, § 22; W.S. 1957, § 35-409.)

Editor's notes. — Chapter 58, Laws 1949, and ch. 141, Laws 1951, referred to in this section, were repealed by § 25, ch. 243, Laws 1955, and by § 24, ch. 244, Laws 1955.

§ 35-8-323. Districts charged with maintaining existing public cemeteries. All districts organized under the provisions of this act [§§ 35-8-301 through 35-8-323] are charged with the duty of maintaining existing public cemeteries owned and maintained by incorporated cities or towns, or otherwise, within the boundaries of the district; and such maintenance shall be as nearly uniform as possible.

(Laws 1955, ch. 243, § 23; W.S. 1957, § 35-410.) Severability. — Section 24, ch. 243, Laws 1955, reads: “It is hereby declared to be the legislative intention that if any portion or part of this act shall be judicially determined to be unconstitutional, the remainder of the act shall continue in full force and effect.” Repealing clauses. — Section 25, ch. 243, Laws 1955, repealed ch. 58, Laws 1949, ch. 141, Laws 1951 and ch. 191, Laws 1953, creating special hospital and cemetery districts.

§ 35-8-324. Cemeteries in cities and towns in conflict with special cemetery district. No incorporated city or town which is or may be included within the boundaries of a special cemetery district organized under the laws of the state of Wyoming, shall purchase, establish, operate, maintain, improve or support a cemetery or cemetery grounds for a period of more than one (1) year after the formation of such cemetery district or for a period of more than two (2) months after the effective date of this act, whichever shall be later.

(Laws 1953, ch. 170, § 1; 1955; ch. 212, § 1; W.S. 1957, § 35-411.)

Editor's notes. — Chapter 170, Laws 1953, carried no provision as to its effective date, but was enacted at a session that adjourned on February 21, 1953. Am. Jur. 2d, ALR and C.J.S. references. — Zoning regulations in relation to cemeteries, 96 ALR3d 921. Article 4. Vaults, Crypts and Mausoleums

Sec.

35-8-401. Definitions.
35-8-402. Regulations and specifications generally; application to certain columbariums.
35-8-403. Supervision of inspector required in erecting structure; compliance with requirements for perpetual care and maintenance.
35-8-404. Perpetual care and maintenance trust fund.
35-8-405. Removal of body from vault constituting menace to public health; reinterment; cost; construction contrary to W.S. 35-8-401 through 35-8-407 deemed nuisance; enjoining.
35-8-406. Rules and regulations.
35-8-407. Penalty.

§ 35-8-401. Definitions.

(a) As used in this act:
(i) “Columbarium” means any building, structure or any part of a building or structure which is used for the interment of cremated human remains;
(ii) “Community vault, crypt, columbarium, mausoleum or structure” means one constructed for the purpose of containing the bodies or remains of more than six (6) dead human beings;
(iii) “State department of health” means the state department of health created by W.S. 9-2-101;
(iv) “State insurance commissioner” means the insurance commissioner of Wyoming appointed under W.S. 26-2-102;
(v) “This act” means W.S. 35-8-401 through 35-8-407.

(Laws 1957, ch. 224, § 1; W.S. 1957, § 35-412; Laws 1989, ch. 203, § 1; 1991, ch. 221, § 2.)

Editor's notes. — There is no subsection

(b) in this section as it appears in the printed acts.

§ 35-8-402. Regulations and specifications generally; application to certain columbariums.

(a) No person, firm, partnership, association, company or corporation shall construct any community vault, crypt, columbarium or mausoleum, wholly or partially above the surface of the ground, to be used to contain the body or remains of any dead human being unless the same shall be located within the confines of an established cemetery containing not less than five (5) acres, which cemetery shall have been in existence and operation for a period of at least five (5) years immediately preceding the time of the erection thereof, nor until plans and specifications therefor shall be approved by the state board of health [department of health]. Such plans and specifications shall set forth the sections, halls, rooms, corridors, elevators or other subdivisions thereof, with their descriptive names and numbers, and shall provide:
(i) That such structure be so arranged that any vault, cell, niche or crypt may be readily examined at any time by any person authorized by law to do so;
(ii) That suitable provision be made for permanently sealing each crypt or cell after the placing of any body therein, and in such manner that no fluid may escape therefrom;
(iii) That the foundation shall extend below the frost line and shall be of reinforced construction;
(iv) That the exterior walls and roof shall be constructed of granite or marble and shall not be less than six (6) inches in thickness;
(v) That exterior doors shall be constructed of bronze or aluminum alloys or any other material or alloy of similar properties;
(vi) That interiors shall be constructed of granite, marble, slate, sandstone or limestone;
(vii) That the structure shall contain adequate provision for drainage and ventilation;
(viii) That the structure shall be so constructed as to insure its beauty, durability and permanence, as well as the safety, convenience, comfort and health of the community in which it is located, as dictated and determined at the time by modern mausoleum construction and engineering science.

(b) The person making application shall file a certificate of such approval, signed by the state health officer, with a copy of such plans and specifications, in the office of the county clerk of the county wherein such structure is to be erected, and such clerk shall retain the same on file. No crypt, room or niche in any community mausoleum, columbarium or structure shall be sold or offered for sale until such structure shall be entirely completed.

(c) This act shall not apply to any columbarium owned by or for a church if it is less than one-half (½) acre in size and is located immediately contiguous to or is part of the church facility, perpetually cared for and the maintenance of the columbarium is insured by a trust fund meeting the requirements of W.S. 35-8-404. If the church relocates, it shall relocate all urns and remains placed within the columbarium. Any violation of this subsection is subject to the penalty imposed under W.S. 35-8-407.

(Laws 1957, ch. 224, § 2; W.S. 1957, § 35-413; Laws 1989, ch. 203, § 1.)

Board of health. — The powers, duties and authority of the board of health have been transferred to the department of health. See § 9-2-101.

Meaning of “this act.” — For the definition of “[t]his act,” referred to in this section, see § 35-8-401(a)(v).

§ 35-8-403. Supervision of inspector required in erecting structure; compliance with requirements for perpetual care and maintenance. Such structure shall be erected under the supervision of an inspector to be appointed by the state department of health, which shall determine the amount of his compensation, and the compensation shall be paid by the person, partnership, firm, association, company or corporation erecting the same. No community vault, crypt, niche, mausoleum, columbarium or structure, and no addition or alteration thereof, shall be used for the purpose of interring therein a body or the remains of a deceased human being until the person, partnership, association, company, firm or corporation operating such structure shall have obtained from the department of health a certificate, signed by the state health officer, certifying that the plans and specifications filed pursuant to the provisions of W.S. 35-8-401 and 35-8-402 have been complied with, and from the state insurance commissioner a certificate certifying that the requirements for a perpetual care and maintenance fund set forth in W.S. 35-8-404 have been complied with, which certificates shall be filed in the office of the county clerk of the county wherein the community vault, crypt, niche, mausoleum, columbarium or structure is located.

(Laws 1957, ch. 224, § 3; W.S. 1957, § 35-414; Laws 1991, ch. 221, § 2.)

§ 35-8-404. Perpetual care and maintenance trust fund.

(a) Before any cell, vault, crypt, room or niche in any community mausoleum or columbarium shall be sold, the person, firm, partnership, association, company or corporation operating the same shall first deposit the sum of ten thousand dollars ($10,000.00) in an institution acceptable to the insurance commissioner, which sum shall be designated as a perpetual care and maintenance trust fund and the income therefrom shall be used for the preservation and upkeep of the mausoleum or columbarium. The insurance commissioner shall regularly audit the fund and shall be empowered to formulate and establish regulations governing the fund and its trustee, which regulations shall be designed to insure the permanence and security of the fund. In the event that sales of cells, vaults, crypts, rooms or niches exceed the sum of fifty thousand dollars ($50,000.00) the person, firm, partnership, association, company or corporation operating the mausoleum or columbarium shall deposit the following percentages of all sales exceeding that amount in the perpetual care trust fund, which additional sums shall be subject to the same regulations as the original deposit:
(i) Twenty percent (20%) of the proceeds received from the sale of each cell, vault, crypt, room or niche; provided, however, that the deposit from the sale of a crypt shall not be less than the sum of one hundred dollars ($100.00) regardless of the sale price thereof;
(ii) Twenty percent (20%) of each payment or installment received from the sale of every cell, vault, crypt, room or niche in the event that a sale is made on a payment or installment plan; provided, however, that the total amount deposited from the sale of any crypt on the payment or installment plan shall not be less than the sum of one hundred dollars ($100.00) regardless of the sale price or the amount of the payment or installment.

(b) In the event that any person, firm, partnership, association, company or corporation operating a community mausoleum, columbarium or structure shall fail to continue the active management thereof, the trustee of the perpetual care and maintenance fund established therefor shall continue to administer the fund subject to audit and regulation by the insurance commissioner and disburse the income for the care and maintenance of the mausoleum or columbarium; provided, however, that the district judge may, upon application made by the county attorney of the county in which the mausoleum or columbarium is located, and good cause shown, order the appointment of a successor trustee and/or disbursement of the principal or interest of the fund.

(Laws 1957, ch. 224, § 4; W.S. 1957, § 35-415.)

Cross references. — As to perpetual care fund, see § 35-8-103.

§ 35-8-405. Removal of body from vault constituting menace to public health; reinterment; cost; construction contrary to W.S. 35-8-401 through 35-8-407 deemed nuisance; enjoining. When any mausoleum, vault, crypt or structure containing one (1) or more deceased human bodies, shall, in the opinion of the state department of health, become a menace to public health, and the owner or owners shall fail to remedy or remove the same to the satisfaction of the department, the judge of any district court of the state of Wyoming may, upon application by the county attorney of the county in which it is located, order the person, firm, partnership, association, company or corporation owning the structure to remove the deceased body or bodies for interment in some suitable cemetery at the expense of the person, firm, partnership, association, company or corporation owning the mausoleum, vault or crypt. If no person, firm, partnership, association, company or corporation can be found in the county where the mausoleum, vault or crypt is located, the removal and interment shall be at the expense of the cemetery, city, town or county within which the mausoleum, vault or crypt is located, or of the cemetery association in charge of any such cemetery, provided, however, that if there is a perpetual care and maintenance fund in existence for the care of the mausoleum, vault, crypt or structure, the expense incident thereto may be defrayed from the principal of the fund by order of the district judge. Any columbarium or mausoleum maintained or constructed contrary to the provisions of this act shall be deemed a public nuisance, and may be enjoined in an action brought by any taxpayer of this state in the district court.

(Laws 1957, ch. 224, § 5; W.S. 1957, § 35-416; Laws 2004, ch. 130, § 1.)

Cross references. — As to nuisances generally, see §§ 6-6-201 to 6-6-209. The 2004 amendment substituted “department of health” for “board of health,” “the department” for “said board,” and made stylistic changes throughout.Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. — Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 35-8-406. Rules and regulations. The state department of health and the insurance commissioner are hereby empowered and directed to make such rules and regulations as shall in their judgment be necessary for the carrying out of the provisions of this act, which regulations shall have the force and effect of law.

(Laws 1957, ch. 224, § 6; W.S. 1957, § 35-417; Laws 1991, ch. 221, § 2.)

Meaning of “this act.” — For the definition of “this act,” referred to in this section, see § 35-8-401(a)(v).

§ 35-8-407. Penalty. Any person, officer, manager or agent of any firm, partnership, association, company or corporation who violates any provisions of this act shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than six (6) months, or both.

(Laws 1957, ch. 224, § 7; W.S. 1957, § 35-418; Laws 1989, ch. 203, § 1.)

Meaning of “this act.” — For the definition of “this act,” referred to in this section, see § 35-8-401(a)(v). Severability. — Section 8 , ch. 224, Laws 1957, reads: “It is hereby declared to be legislative intention that if any portion, clause, phase [phrase], section or sections of this act shall be judicially determined to be unconstitutional or invalid, the remainder of the act shall continue in full force and effect.” § 31-5-123. Funeral processions; right-of-way; limitations.

(a) A funeral procession led by a funeral car or escorted by a police vehicle and displaying flashing lights authorized under W.S. 31-5-928 has the right-of-way in the lane or portion of the roadway upon which it is traveling subject to the following:
(i) The driver of the lead vehicle of the procession shall comply with all traffic control devices except when otherwise directed by a law enforcement officer. Vehicles in the procession displaying headlamps may follow the lead vehicle without stopping at stop signs or traffic signals. Vehicles in the procession shall yield the right-of-way to authorized emergency vehicles;
(ii) Vehicles in a funeral procession shall be driven on the right-hand side of the roadway and, if a laned roadway, in the right-hand lane nearest the right-hand edge of the roadway.

(b) Drivers of oncoming vehicles are required to yield the right-of-way to funeral processions.

(Laws 1986, ch. 60, § 1.) Am. Jur. 2d, ALR and C.J.S. references. — Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 52 ALR5th 155. § 7-13-915. Disposition of body. The body of any prisoner who has been executed shall be decently buried at the expense of the state, unless the body is claimed by any relative or friend in which case the body may be delivered to the relative or friend for the purpose of burial.

(Laws 1905, ch. 11, § 16; C.S. 1910, § 6284; C.S. 1920, § 7581; R.S. 1931, §

33-1036; C.S. 1945, § 10-1721; W.S. 1957, § 7-408; W.S. 1977, § 7-13-921; Laws 1987, ch. 157, § 3.) Prospective operation. — Laws 1905, ch. 11, § 17, made the application of the act prospective only. Article 6. Disposal of Unclaimed Human Bodies

Sec.

35-4-601. Delivery of unclaimed bodies for anatomical study.
35-4-602. Exceptions as to certain bodies.
35-4-603. Restriction upon use of bodies; bond required of applicant; prohibited acts.
35-4-604. Penalty for refusing to deliver body.
35-4-605. Burial or cremation after use.
35-4-606. Rules and regulations.
35-4-607. Who may have bodies in possession.

§ 35-4-601. Delivery of unclaimed bodies for anatomical study. Any member of the following boards or officers to-wit: The board of health of any city, town or county in the state; the mayor or common council of any city, and the officers or board having direction or control of any almshouse, prison hospital, house of correction or jail, in the state, shall, when so requested, surrender the dead bodies of such persons as may be required to be buried at the public expense, to any regularly licensed physician or dentist or medical college in the state, in accordance with such rules as may be prescribed by the state department of health; such bodies to be used by said physician, dentist or medical college, for the advancement of anatomical science; preference being given to the faculty of any legally organized state medical college or school of anatomy, for their use in the instruction of medical students; provided that in no case shall the faculties or other officers of such medical college or school of anatomy require or receive from any medical student or students, for such body so furnished therein, any sum of money in excess of the actual cost of procuring the same.

(Laws 1917, ch. 37, § 1; C.S. 1920, § 3619; R.S. 1931, § 55-101; C.S. 1945, § 63-801; W.S. 1957, § 35-212; Laws 1991, ch. 221, § 2.)

Cross references. — As to use of dead human bodies by embalming schools, see §

33-16-107. Am. Jur. 2d, ALR and C.J.S. references. — Dead bodies: liability for improper manner of reinterment, 53 ALR4th 394.

§ 35-4-602. Exceptions as to certain bodies.

(a) No such body shall in any case be surrendered if:
(i) The deceased in his or her last illness requested to be not dissected; or
(ii) If within forty-eight (48) hours after his or her death, any person of kindred or a friend of the deceased shall request the body for burial; or (iii) If such deceased was a stranger or a traveler who died suddenly before making himself or herself known; or (iv) If such deceased person was honorably discharged from any arm of the military or naval service of the United States.

(Laws 1917, ch. 37, § 2; C.S. 1920, § 3620; R.S. 1931, § 55-102; C.S. 1945, § 63-802; W.S. 1957, § 35-213.)

Editor's notes. — There is no subsection

(b) in this section as it appears in the printed acts.

§ 35-4-603. Restriction upon use of bodies; bond required of applicant; prohibited acts. It shall not be lawful for any person so receiving dead bodies to use the same, except for the prosecution of anatomical science, or elsewhere than in this state; and the state department of health in its rules and regulations in regard to the distribution of the same, may require each applicant to furnish a good and sufficient bond that the provisions of this act will be observed. Whosoever shall use said body for any other purpose, or shall remove the same beyond the limits of the state, or whosoever shall traffic, trade or deal with said bodies for a commercial purpose shall be deemed guilty of a misdemeanor and shall be fined, on conviction, not less than one hundred dollars ($100.00) and be imprisoned in the county jail for a period of not less than thirty (30) days or more than one (1) year; the fine accruing from said conviction to be paid to the school fund of the county, wherein such offense was committed.

(Laws 1917, ch. 37, § 3; C.S. 1920, § 3621; R.S. 1931, § 55-103; C.S. 1945, § 63-803; W.S. 1957, § 35-214; Laws 1991, ch. 221, § 2.)

Cross references. — As to penalty for molesting graves or stealing or mutilating human bodies, see §§ 6-4-501, 6-4-502.

§ 35-4-604. Penalty for refusing to deliver body. Any officer refusing to deliver the remains or dead body of the deceased person, when demanded in accordance with the provisions of this act [§§ 35-4-601 through 35-4-607] and the rules and regulations set forth by the state department of health, shall pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00); such penalties to be sued for by the department of health as the case may be.

(Laws 1917, ch. 37, § 4; C.S. 1920, § 3622; R.S. 1931, § 55-104; C.S. 1945, § 63-804; W.S. 1957, § 35-216; Laws 1991, ch. 221, § 2.)

§ 35-4-605. Burial or cremation after use. It shall be the duty of all parties, who may secure dead bodies under provisions of this act [§§ 35-4-601 through 35-4-607], to bury the same decently in some public cemetery within a reasonable time after dissection, or cremate the same or make such other disposition as may be prescribed by the state department of health. For any violation of this provision, the party or parties so neglecting shall on conviction, forfeit or pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00), or be imprisoned in the county jail not less than six (6) months nor more than twelve (12) months or both, at the discretion of the court; such penalties to be sued for by the school officers or anyone interested therein, for the benefit of the school fund of the county in which the offense shall have been committed.

(Laws 1917, ch. 37, § 5; C.S. 1920, § 3623; R.S. 1931, § 55-105; C.S. 1945, § 63-805; W.S. 1957, § 35-216; Laws 1991, ch. 221, § 2.) Am. Jur. 2d, ALR and C.J.S. references. — Validity, construction, and application of statutes making it a criminal offense to mistreat or wrongfully dispose of dead body, 81 ALR3d 1071. Homicide: cremation of victim's body as violation of accused's rights, 70 ALR4th 1091.

§ 35-4-606. Rules and regulations. The state department of health shall, within thirty (30) days after passage of this act, promulgate rules and regulations as called for by W.S. 35-4-601.

(Laws 1917, ch. 37, § 6; C.S. 1920, § 3624; R.S. 1931, § 55-106; C.S. 1945, § 63-806; W.S. 1957, § 35-217; Laws 1991, ch. 221, § 2.)

§ 35-4-607. Who may have bodies in possession. Any regularly licensed physician or dentist of the state or any medical student who is a regular matriculate of a recognized medical college, under authority of such physician, may have in his possession human dead bodies, or parts thereof, lawfully obtained, for the purpose of anatomical inquiry or dissection.

(Laws 1917, ch. 37, § 7; C.S. 1920, § 3625; R.S. 1931, § 55-107; C.S. 1945, § 63-807; W.S. 1957, § 35-218.)

Cross references. — As to use of dead human bodies by embalming schools, see §

33-16-107. Repealing clauses. — Section 8 , ch. 37, Laws 1917, repealed all laws and parts of laws in conflict therewith.

§ 35-1-414. Delayed registration of death and marriage. When a death or marriage occurring in this state has not been registered, a certificate may be filed in accordance with regulations of the division of health and medical services. The certificate shall be registered subject to such evidentiary requirements as the division of health and medical services shall by regulation prescribe to substantiate the alleged facts of death or marriage. Certificates of death and marriage registered one (1) year or more after the date of occurrence shall be marked “Delayed” and shall show on their face the date of the delayed registration.

(Laws 1973, ch. 177, § 1; W.S. 1957, § 35-79.14.)

§ 35-1-105. Prohibited acts; penalty for violations.

(a) Any person, corporation or other organization and each representative thereof, who:
(i) Shall wilfully violate, disobey or disregard the provisions of the public health laws of Wyoming or the terms of any lawful notice, order, rule or regulation issued pursuant thereto; or
(ii) Repealed by Laws 1982, ch. 75, § 5. (iii) Being a person charged by law or rule of the department of health with the duty of reporting the existence of disease or other facts and statistics relating to the public health, shall fail to make or file such reports as required by law or requirement of the department; or who, (iv) Conducting a business or activity over which the department shall possess the power of certification and regulations, and who shall be required to have a certificate or permit therefor, shall conduct such business or activity without such a certificate or permit; or (v) Shall wilfully and falsely make or alter any certificate or certified copy thereof issued pursuant to public health laws of Wyoming; or (vi) Shall knowingly transport or accept for transportation, interment or other disposition a dead human body without an accompanying permit issued in accordance with the public health laws of Wyoming or the rules of the department; or who, (vii) Being the owner or occupant of private property upon which there shall exist a nuisance, source of filth or cause of sickness, shall wilfully fail to remove the same at his own expense within forty-eight (48) hours after being ordered to do so by health authorities.

(b) Upon conviction, shall be fined not to exceed one hundred dollars ($100.00) or imprisonment not to exceed six (6) months, or shall be both so fined and imprisoned, and in addition to such fine and imprisonment shall be liable for all expense incurred by health authorities in removing any such nuisance, source of filth, or cause of sickness. No conviction under the penalty provisions of this act [§§ 35-1-105, 35-1-201 through 35-1-221, 35-1-240] or of any other public health laws shall relieve any person from an action in damages for injury resulting from violation of public health laws.

(Laws 1947, ch. 67, § 11; W.S. 1957, § 34-5; Laws 1961, ch. 207, § 1; 1982, ch. 75, § 5; 1983, ch. 171, § 3; 1991, ch. 221, § 2.)

Cross references. — For duty of state and local officers to report dangers to public health, see § 35-1-223. For provisions concerning certificates and permits regarding vital records, see §§ 35-1-401 to 35-1-431. For provisions concerning reporting of communicable and venereal diseases, see §§ 35-4-101 to 35-4-111. For present provisions as to bribery, see § 6-5-102. For provisions of criminal procedure relative to nuisances, see §§ 6-6-201 to 6-6-209.

Meaning of “this act.” — As to meaning of “this act,” see Editor's note to § 35-1-101. Severability. — Section 15 , ch. 67, Laws 1947, reads: “If any particular section or provision of this act is held to be invalid, the invalidation of such section or provision shall not invalidate the other sections and provisions, but they shall have the same force and effect as though they were enacted separately and independently.”

CHAPTER 1 General Authority

Section 1 Authority The Wyoming State Board of Embalming, pursuant to WS

33-16-206,

33-16-301(c),

33-16-310(a) and

33-16-403, is authorized to adopt and promulgate rules and regulations whereby the performance of the duties of the Board and the practice of embalming, transportation and disposition of dead human bodies shall be regulated

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 embalmers, funeral directors or operators of crematories;

(b) Developing and applying appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards;

(c) Issuing licenses to qualified individuals who have met required standards and suspending or revoking licenses issued by the Board in any case where the licensee is determined to have failed to conform to the requirements of standards;

(d) Establishing and carrying out procedures designed to insure that licensees 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 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 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

Section 4 Terms defined by statute Terms defined in WS

33-16-101 et seq shall have the same meaning when used in these regulations unless the context or subject matter clearly requires a different interpretation

Section 5 Terms defined herein As used in these regulations, the following terms shall have the meanings set forth unless the context or subject matter clearly requires adifferent interpretation

(a) "Act" means WS

33-16-101 et seq, relating to embalmers, funeral directors and crematories

(b) "Approved school of embalming" means a school of embalming which has a "Grade A" standing recognized by the Conference of Funeral Service Examining Boards of the United States, Inc

(c) "Board" shall mean the Wyoming State Board of Embalming

(d) "Crematory" shall mean a building or structure, or a portion thereof, containing one (1) or more retorts for reduction of the bodies of deceased persons to cremated remains

(e) "Undertaker" shall mean funeral director

Section 6 Board The Board shall elect one (1) of its members as president and one (1) of its members to act as secretary and treasurer who shall be the executive officer of the Board in matters relating to the duties of the Board when the Board is not in session The duties of the Board officers are as follows:

(a) The President shall preside at all meetings of the Board, call special meetings, administer oaths and perform the other duties as may pertain to his office

(b) The Secretary shall collect all fees and renewals, giving a receipt therefore and shall make record of all forfeited, revoked and expired vouchers after reviewing them for payment of regular Board expenses, keep a record of all meetings of the Board, turn over to the State Treasurer quarterly, all moneys received, and perform all the duties pertaining to the office The Secretary may assign any of these duties to support staff The Secretary shall serve in the President's absence or inability to act When acting in this capacity, the duties shall be the same as the President

Section 7 Board meetings

(a) The Board shall meet at least once annually to transact its business This meeting shall be designated as the annual meeting for the purpose of electing officers, establishing dates of Board meetings for the coming year and Board reorganization and planning The Board may meet at other times as deemed necessary to transact its business

(b) Notice of Board meetings shall be given to any person who requests notice The notice shall specify the time and place of the meeting and the business to be transacted

(c) All meetings shall be open to the public The Board may conduct executive sessions in accordance with WS 16-4-105

(d) A written record shall be kept of all meetings and shall be retained as the permanent record of the transactions of the Board

(e) For the purposes of conducting business, three (3) or more members must be present for any meeting of the Board, one of which must be the President, or the Secretary in absence of the President [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 2 Funeral Directors License Requirements

Section 1 License required No person shall engage in the business of a funeral director, unless first licensed so to do by the Board

Section 2 Qualifications for license

(a) The applicant, unless an association, corporation or partnership, must be an adult and of good character

(b) The applicant, when an association, corporation or partnership, must have as an active officer or manager, an adult person who is of good character

(c) Each applicant, and when the applicant is an association, corporation or other organization, the officer or employee who is to manage, direct or control a proposed funeral establishment, shall pass an examination before the Board, upon the following subjects:
(i) The signs of death;
(ii) The manner by which death may be determined;
(iii) The Wyoming laws and Board Rules and Regulations governing the preparation, burial and disposal of dead human bodies, and the shipment and handling of bodies dead from infectious or contagious diseases;
(iv) Local health and sanitary ordinances and regulations relating to funeral directing and embalming

(d) Each applicant shall furnish proof satisfactory to the Board that the funeral establishment in which the applicant intends to conduct business as a funeral director is or will be constructed, equipped and maintained in all respects as a funeral establishment as defined in WS

33-16-301(b)

(e) Each applicant who holds or held a license as a funeral director issued by another jurisdiction also must provide proof satisfactory to the Board that the license held is or was in good standing

Section 3 Application procedures A complete application must be received and accepted by the Board at least thirty (30) days prior to the scheduled administration of the examination or the applicant will be required to wait until the next administration of the exam If the applicant proposes to engage in or operate more than one (1) funeral establishment, the applicant must make a separate application and procure a separate license for each separatelocation The following documents are required for a complete application:

(a) A complete and notarized official application form accompanied by the appropriate fee

(b) References from three (3) professionals familiar with the applicant which address the applicant's abilities and professional performance
(i) References must have been written within six (6) months of the date of application
(ii) References will not be accepted from relatives of the applicant (iii) All references submitted in support of the application must contain an original signature and be submitted directly to the office of the Board from the respondent and not forwarded through the applicant

(c) The Board may accept faxed or photocopied documents followed in the mail by the original

Section 4 Examination Examinations shall be given at the regular meeting of the Board, provided, however, a special meeting may be called for that purpose and all expenses of a special examination shall be paid by the person(s) requesting the special examination meeting These expenses shall include transportation and per diem for each Board Member following State rules as to per diem rates and transportation costs

(a) The examination shall be a written examination consisting of at least fifty (50) questions on the subjects listed in Section 2

(b) A grade of at least seventy-five percent (75%) on this written examination shall constitute a passing grade

Section 5 Investigation of applicants for license; granting or refusing license Upon receipt of an application for a license hereunder the Board shall cause an investigation to be made as to the character of the applicant, including its officers or members, if the application is by or in behalf of an association, corporation or partnership, and may require the showing as will reasonably prove the good character of the applicant; may subpoena witnesses, administer oaths upon proper notice and after proper hearing, shall grant a license if the Board finds that the applicant is of good character, and that the proposed funeral establishment is, or will be, constructed and equipped as required by WS

33-16-301 Every application must be granted or refused within ninety (90) days from the date of the filing of the application in case a hearing is held

Section 6 Change of location A funeral director may conduct a funeral in another licensed establishment or at a church, home, public hall or lodge room without filing anapplication for change of location with the Board

Section 7 Assignment of license A funeral director's license may be assigned after a showing to the Board that the proposed assignee possesses all the qualifications for a license as a funeral director The assignee may renew a license A fee as established by the Board pursuant to WS

33-1-201, must accompany each application for assignment

Section 8 Temporary license Only in the case of the death of a licensed funeral director as defined in WS

33-16-301 through 33-16-317, as part or all of his estate, the Board may issue a temporary license as a funeral director to the legal representative of the deceased funeral director

(a) The legal representative must submit the documents as required for a regular license

(b) The legal representative must be of good character

(c) The temporary license shall be issued for the duration of the administration of the estate, but in no case to exceed two (2) years

(d) The fees for issuance and renewal of the temporary license and the time of payment are the same as those required for regular license [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 3 Practice of Funeral Directing

Section 1 Statement of purpose These rules and regulations are promulgated to ensure the qualifications of a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding themselves or itself out as engaged in:

(a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies;

(b) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies; or

(c) Directing or supervising, or contracting to direct or supervise funerals; or

(d) Connecting with their or its name or funeral establishment or business use the words "funeral director" or "undertaker" or "mortician" or any other title implying that they or it is engaged in the business of "funeral directing" or "undertaking" as defined

Section 2 Funeral directing establishment The business of a funeral director shall be conducted in a specific place Not more than one (1) person engaged in business as a funeral director shall transact business in one (1) specific funeral establishment Notwithstanding the foregoing or any other provision of WS

33-16-301 through 33-16-317, any person licensed to bury dead human bodies in any other state may bury and conduct services in Wyoming for any person who died outside the state of Wyoming without obtaining a license from the Board

Section 3 Services conducted by persons licensed in other states Any person who is licensed in another state may conduct funeral or burial services in Wyoming without obtaining a license from the Board if:

(a) The deceased died outside of the state of Wyoming;

(b) The Board is provided prior written notice of services;

(c) The Board is provided verification of a license in good standing for the person desiring to perform the services, from the state of licensure; and

(d) The provider complies with the requirements of WS

33-16-310(a)
(ii)(J), (M), (O) and (Q) and

33-16-315"

Section 4 Inspection of facility The Inspector appointed by the Board shall have the powers and duties prescribed by law and shall at all times carry the certificate of his appointment and authority issued by the Board and signed by the President and Secretary of the Board, which he shall present upon demand when engaged in the business of the Board The Inspector shall make a full and complete confidential report of all inspections and investigations made by him and shall leave with the person in charge of each funeral establishment inspected or investigated by him a certificate showing the date of the inspection, a copy of the certificate, signed by the person in charge of the establishment at the time of the completion of the inspection or investigation, shall be transmitted by the Inspector to the Board Whenever any inspection or investigation is made by a member of the Board, the foregoing provisions of this rule shall apply to the member of the Board

(a) A funeral director must maintain at all times within each funeral establishment owned, managed or controlled by him, a preparation room furnished with a sanitary floor of either tile, vinyl, inlaid linoleum, or other impervious flooring material; sufficient drainage and forced air ventilation, a sanitary embalming table, and the other furnishings and instruments as are required for the proper care and preparation of a dead human body If a funeral director uses a hydro aspirator in the preparation room, the hydro aspirator must have a vacuum breaker attached thereto

(b) All hearses and first call or pickup cars and the equipment therein shall be kept clean and sanitary and free from deleterious odors at all times

(c) All funeral establishments must stock a minimum of six (6) adult caskets of varying degrees of price and quality, for sale, and must also have on hand at least one each of shipping containers, alternative containers for cremation, and if required by the local cemetery, the minimum outside burial container

Section 5 Leased caskets

(a) Disclosure A funeral director offering a leased casket to the public shall disclose that the casket is a leased casket by a clear notation on the "Statement of Funeral Goods and Services Selected" If the leased casket is displayed with other caskets in a display room, clear notation shall be placed on the casket price card indicating that the casket is a leased casket A leased casket shall not be represented or offered to the public as a new casket

(b) Sanitation An unembalmed dead human body shall not be placed in a leased casket, except if the leased casket is to be used as a container in a direct disposition cremation A funeral director shall insure that a leased casket which is used for viewing or funeral services is maintained in a sanitary condition for reuse by taking any of the following measures:
(i) A plastic sheet or other impervious inner lining shall be used to prevent contamination during use; or
(ii) All mattresses, paddings, pillows and linings which contact the dead human body shall be removed and replaced with new materials after each use; or (iii) A removable and disposable inner casket box may be used each time the casket is leased An inner casket box, or portion thereof, shall not be reused A dead human body which has been placed in an inner casket box shall not be allowed to come in contact with any part of a leased casket

(c) Disposal A leased casket may be destroyed or disposed of by cremation with a dead human body If cremated, the leased casket shall not be resold for an amount which exceeds the leased price of the casket A leased casket shall not be used for burial or shipping purposes at any time

Section 6 Consumer protection A funeral director who violates Wyoming statutes relating to consumer protection, Sections 40-12-101, et seq, or consumer credit, Section 40-14-101, et seq, or any other statute of the State pertinent to the practice of embalming or funeral directing shall be subject to revocation or suspension of his license

Section 7 Itemized prices, written disclosure statements, and cash advances The Board hereby adopts the Federal Trade Commission's funeral service rule of April 30, 1984, along with the Federal Trade Commission's amended federal service rule of July 19, 1994, with regard to itemized prices, written disclosure statements, and cash advances [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 4 Embalmer License Requirements

Section 1 License required No individual shall perform any function specifically authorized for an embalmer, nor function as an embalmer nor represent themselves as an embalmer unless licensed by the Board

Section 2 Qualifications for license

(a) The applicant must be an adult and of good character

(b) The applicant must be a high school graduate or equivalent

(c) The applicant must have completed twenty-eighty (28) semester hours at a regionally accredited college or university

(d) The applicant must be a graduate of a Board approved school of embalming

(e) The applicant must have completed an apprenticeship of two thousand (2,000) hours, including having embalmed twenty-five (25) dead human bodies distributed not less than twelve (12) or more than thirty-six (36) months, under a licensed embalmer

(f) Each applicant shall successfully pass a written examination covering the following subjects:
(i) The visceral anatomy of the body,
(ii) The action and comparative value of germicides, (iii) The methods of embalming, (iv) The further precautions after embalming to insure safety of the public, (v) The transportation of bodies of those who have died of an infectious or contagious disease, (vi) The dangers of infection and methods of disinfection, (vii) The laws and regulations governing the transportation of dead human bodies, (viii) Such other topics as the Board may, from time to time, see fit to include

(g) Each applicant shall successfully pass an oral examination of knowledge of Wyoming state laws, and the Board rules and regulations The examination may also contain questions relating to embalming, funeral directing and the other areas as deemed proper by the Board

(h) Each applicant shall be required to prove to the satisfaction of the Board their proficiency as an embalmer by performing a practical embalming operation on a dead human body in the presence of a member of the Board

Section 3 Application procedures A complete application must be received and accepted by the Board at least thirty (30) days prior to the scheduled administration of the examination or the applicant will be required to wait until the next administration of the exam The following documents are required for a complete application:

(a) A complete and notarized official application form, including length of time practiced under a licensed embalmer, names of said embalmer or embalmers, and number of bodies embalmed under their personal supervision, accompanied by the appropriate fee

(b) Letters of recommendation from a legally qualified physician and two (2) reputable business or professional persons who have been personally acquainted with the applicant, certifying to the applicant's abilities and professional performance
(i) Letters of recommendation must have been signed within six (6) months of the date of application
(ii) Letters of recommendation will not be accepted from relatives of the applicant (iii) All Letters of Recommendation must contain an original signature and be submitted directly to the office of the Board from the respondent and not forwarded through the applicant

(c) Official college or university transcript

(d) Official embalming school transcript

(e) Official Conference of Funeral Service Examining Boards examination grade score report

Section 4 Examination No person shall be permitted to take the Board examination for licensure unless the applicant is within ninety (90) days of completing all statutory requirements of licensure

(a) The Board shall use the National Board of Examination of the Conference of Funeral Service Examining Boards as the written portion of the Board examination, and mayaccept the grade scores of the examination given at places outside of the state of Wyoming

(b) A passing grade of at least 60 percent (60%) in any subject with an overall average grade or mark in all subjects of at least 75 percent (75%) is required on the written examination

(c) An oral examination shall be given at the regular meeting of the Board, provided, however, a special meeting may be called for that purpose and all expenses of a special examination shall be paid by the person(s) requesting the special examination meeting These expenses shall include transportation and per diem for each Board Member following State rules as to per diem rates and transportation costs

(d) A grade of at least seventy-five percent (75%) on the oral examination shall constitute a passing grade

(e) Applicants who fail to pass will be entitled to take any examination which may be held by the Board within two (2) years from the date of the first examination

Section 5 Foreign embalmers Applicants who hold a current license issued in another jurisdiction will be considered for licensure if the jurisdiction in which they are licensed has licensure requirements which meet or exceed Wyoming's requirement for original licensure

(a) Licensure in the other jurisdiction must have been obtained by examination, not by reciprocity from yet another jurisdiction

(b) The applicant shall have been employed on a full-time basis and continuously for a period of one (1) year as a licensed embalmer before making application for a Wyoming embalmers license

(c) The applicant shall be agreeable to a background check by police agencies for possible violations of laws, revocation of license to embalm and other areas the Board may deem pertinent

(d) The applicant shall be registered as an apprentice under a Wyoming licensed embalmer at the time of his practical operative embalming examination

(e) The practical examination shall be performed in front of one (1) or more Board members and the applicant may be asked to embalm more than one dead human body

(f) A complete application must be received and accepted by the Board at least thirty (30) days prior to the scheduled administration of the examination or the applicant will be required to wait until the next administration of the exam The following documents are required for a complete application for licensure for a foreign embalmer:
(i) A complete and notarized official application form accompanied by the appropriate fee
(ii) Letters of recommendation from two (2) licensed practitioners of mortuary science and two (2) reputable business persons or professionals who have been personally acquainted with the applicant at least one (1) year, certifying to the applicant's moral character and general standing
(A) Letters of recommendation must have been signed within six (6) months of the date of application
(B) Letters of recommendation will not be accepted from relatives of the applicant
(C) All letters of recommendation must contain an original signature and be submitted directly to the office of the Board from the respondent and not forwarded through the applicant (iii) Official college or university transcript (iv) An official embalming school transcript (v) Official Conference of Funeral Service Examining Boards examination grade score report (vi) Verification of qualifications for licensure, and current licensure in good standing in another jurisdiction on a form provided by the Board, submitted directly to the office of the Board from the jurisdiction [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 5 Practice of Embalming

Section 1 Requirements for practice

(a) Every person while actually engaged in embalming a dead human body shall be attired in a clean and sanitary smock, gown, or apron covering the person from the neck to below the knees, and shall while so engaged, wear rubber impervious gloves The dead human body shall not be allowed to remain unnecessarily nude or indecently exposed at any time during the embalming operation or while reposing in the preparation room

(b) Every preparation room shall be provided with proper and convenient receptacles for refuse, bandages, cotton and other waste materials shall be destroyed by incineration or other sanitary means at the conclusion of each case to the end that germs of disease may be destroyed and the public health thereby protected

(c) Every preparation room shall be kept and maintained in a clean and sanitary condition and all embalming tables, hoppers, sinks, receptacles, instruments and other appliances used in embalming dead human bodies shall be thoroughly cleaned and disinfected after use

Section 2 Apprentice embalmer Any licensed embalmer in the state of Wyoming may have a person serving as an apprentice embalmer under their supervision Supervision means that the licensed embalmer is in the embalming room generally, and in all cases, in the funeral establishment building while the apprentice is assisting with the preparation of the dead human body

(a) The licensed embalmer shall assume complete responsibility for all acts and omissions of the apprentice within the scope of the apprenticeship

(b) A licensed embalmer shall not have more than one (1) apprentice registered under his supervision at any one time unless so approved by the Board and authorized by the written permission of the President and Secretary of the Board At no time shall a licensed embalmer have more than two (2) apprentices registered under his supervision

(c) It shall be the responsibility of the licensed embalmer to properly register any apprentice with the Board immediately upon commencement of the apprenticeship period The licensed embalmer shall report the work which the apprentice has performed during the semi- BC annual period preceding the first of the month on which the report is made, including the number of bodies the apprentice has assisted in embalming or otherwise prepared for disposition during the period

(d) No licensed embalmer shall be permitted to supervise an apprentice in the stateof Wyoming for a period of more than three (3) years without the apprentice taking the examination for an embalmer's license In the event the apprentice fails to pass the examination, the Board may permit the licensed embalmer to supervise the apprentice for a period of not exceeding two (2) additional years after the date of the first examination

(e) The Board may, within its discretion and for cause, extend the apprenticeship period

Section 3 Requirement for cremation, burial, embalming or refrigeration All bodies in possession of the funeral director or embalmer must be properly refrigerated, or cremated, or buried, or embalmed within thirty-six (36) hours after receipt thereof No dead human body may be cremated in under twenty-four (24) hours without the written permission of the county coroner of the county in which the death occurred

Section 4 Requirement for shipment of bodies out of Wyoming No dead human body may be removed from the state of Wyoming by a funeral service practitioner of another state without first obtaining the services of a licensed Wyoming funeral establishment, for the purpose of the filing of a death certificate and obtaining a removal/burial permit

(a) Bodies dead of communicable diseases which could present a public health risk to the embalmer, other persons handling the dead human body, or to persons in attendance at a funeral service must be embalmed prior to removal from this state

(b) Bodies dead of causes other than from communicable diseases may be removed from this state unembalmed if they are:
(i) Placed in a container which is resistant to the flow of fluids and air, a minimum of which would be a disaster pouch which has had the zipper sealed with a good sealant
(ii) If shipment will take place after thirty-six (36) hours from the time of death, then the dead human body must be cremated, refrigerated or embalmed before shipment

Section 5 Requirement for bodies being shipped into Wyoming Dead bodies may be shipped into the state of Wyoming under the following conditions:

(a) Bodies dead of causes other than communicable diseases may be shipped into this state unembalmed if they are encased in a container which is resistant to the flow of air and fluids, a minimum of which would be disaster pouch, with a zipper sealed with a good sealant, and the bodies will be buried, or cremated, or refrigerated, or embalmed within thirty- BC six (36) hours of death

(b) Bodies dead of communicable diseases which could present a public health risk to the embalmers, other persons handling the dead human body, or to persons in attendance ata funeral service must be embalmed before they are brought into this state

(c) In all cases, embalmed bodies may be shipped into Wyoming

Section 6 Requirement for bodies being shipped to foreign countries All dead human bodies being shipped to any foreign country must be prepared and shipped in accordance with the laws, rules and regulations of the country to which that dead human body is being shipped

Section 7 Burial when death caused by communicable disease

(a) Notice to local health officer or register Any licensee having in their care or possession, or who is preparing for burial the body of a person who has died of a communicable disease that could be a public health risk to the embalmer, other persons handling the dead human body, or to persons in attendance of a funeral, shall give immediate notice to the Local Health Officer of the name of the deceased, and place and time of burial

(b) Procedure for removal It shall be the duty of any licensee caring for the body of a person who had died of any of the diseases specified in Section 1 to proceed in the following manner At the time of the first visit to the location where the deceased is found, the licensee shall cause the dead human body to be placed in a container which is resistant to the flow of air and fluids A minimum container would be a disaster pouch with the zipper sealed with collodion or similarly good sealant Every part of the dead human body shall be enclosed in the container or pouch and not thereafter exposed to view until commencement of arterial and cavity embalming procedure

(c) Funerals Public funerals for individuals who have died of a communicable disease shall be conducted under the supervision of the jurisdictional health officer In non- BC quarantinable diseases, an open casket may be permitted Quarantinable diseases are subject to the regulatory power of the State of Wyoming, Department of Health [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 6 Crematories

Section 1 Permit required Any person, firm, association or corporation, desiring to operate a crematory in the state of Wyoming shall apply for and receive from the Board a permit to be issued by and in the form as the Board prescribes The permit shall be displayed in a conspicuous place on the premises of the crematory

Section 2 Qualifications for permit An applicant for permit to operate a crematory in the state of Wyoming must:

(a) be an adult,

(b) be of good character, and

(c) be a high school graduate or have an equivalent degree

Section 3 Application procedures

(a) A complete and notarized official application form for permit to operate a crematory shall be in writing and shall contain the name of the applicant, the address and location of the crematory and such further information as the Board requires and be accompanied by the appropriate fee The application must include a description of the type of structure and equipment to be used in the operation of the crematory facility

(b) The Board shall examine the premises and structure to be used as a crematory and shall issue the permit only if the applicant and the structure meet the standards required by the manufacturer, rules and regulations of the Board and the provisions of the Act

Section 4 Permit renewal Each permit for operation of a crematory shall be issued and renewed in the same manner and form as that of a funeral director license

Section 5 Crematory facility The permittee is responsible for the maintenance, employee training, and safe operation of retort equipment used in cremations

(a) The telephone number of the fire department or rural fire district serving the crematory facility must be posted in large bold numbers in a conspicuous place near all telephones in the crematory facility as well as in the office

(b) All crematory facilities shall be kept and maintained in a clean and sanitary condition and all appliances used in the preparation for cremation of dead human bodies shall be thoroughly cleansed and disinfected

(c) When the crematory facility is unable to cremate the dead human body immediately upon taking custody, the dead human body shall be placed in a holding area which shall be marked "Private" or "Authorized Personnel Only"

(d) If the dead human body is not embalmed, it may not be held longer than twenty-four (24) hours from the time of possession to cremation

(e) A crematory facility may be inspected by a Board member or the Board's designated representative during business hours

(f) A crematory facility shall comply with all local building codes, environmental standards and applicable state and local regulations

Section 6 Casket/container

(a) All caskets and alternative containers for cremation shall meet the following standards:
(i) Be able to be closed to provide a complete covering for the human remains; and
(ii) be resistant to leakage or spillage; and (iii) be sufficient for handling with ease; and (iv) be able to provide protection for the health and safety of crematory personnel

(b) The crematory facility, at its discretion, has the right to remove noncombustible materials such as handles or rails from caskets or containers prior to cremation and to discard them with similar materials from other cremations and other refuse in a non-recoverable manner

(c) Used caskets or casket parts must be placed in a storage area not available to the public view

Section 7 Cremation of human remains The funeral director, embalmer or other person having charge of the preparation of the dead human body for burial or the last rites and committal services thereof shall have the right to be present either in person or by his employees, at any stage of the cremation of the dead human body Unauthorized persons may not be permitted in the retort area while any dead human body is awaiting cremation, being cremated, or being removed from the cremation chamber

(a) No crematorium shall accept a dead human body for cremation until it has received a burial-transit permit required by law and an authorization for cremation signed bythe nearest legal next of kin

(b) Upon completion of the cremation process, all residual of the cremation process shall be removed from the retort and the cremation chamber swept clean The residual remains shall be placed within a container or tray in such a way that will ensure against commingling with other cremated remains The identifier shall be attached to the container or tray to await final processing All residual of the cremation process shall undergo final processing

(c) Should the cremated remains or processed remains not adequately fill the container's interior dimensions, the extra space may be filled with packing material that will not become intermingled with the cremated remains or processed remains and then securely closed

(d) The outside of the container used to return the cremated or processed remains shall be clearly identified with the name of the deceased person whose cremated remains are contained therein

(e) If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent must be packed securely in a suitable, sturdy, pressure resistant, and properly sealed container

(f) Cremated remains may be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting delivery

Section 8 Identification The permittee is responsible for the identification of cremated remains as delivered and identified by the deliverer A crematory may not accept unidentified human remains

(a) The permittee shall see that an identifying metal disc is attached to each receptacle containing a dead human body When a dead human body is to be cremated, the disc shall be secured to the top of the head end of the casket or alternate container

(b) The identifying metal disc shall accompany the remains through the cremation process

(c) The identifying metal disc shall be held on the inside of the retort until the remains are cremated and recontainerized The disc shall then be placed inside the urn, or, in the case of a temporary urn, on the outside of the temporary urn

(d) The identifying metal disc shall be properly secured to each receptacle containing cremated human remains

Section 9 Removal of dead human remains Dead human remains delivered to a crematorium shall not be removed from the casket or other container without the written authorization of the person giving the consent to or requesting the cremation of the humanremains The use of a casket or other container is not a necessary requirement of cremation

Section 10 Records of crematories Upon the receipt of a dead human body for cremation, the crematory shall deliver to the funeral director or his agent who delivers the dead human body to the crematory, a receipt showing the date of delivery, name and signature of the funeral director from whom the dead human body is received and the name of the deceased Each crematory shall maintain a record of each cremation of dead human remains disclosing the name of the person cremated, the name of the person authorizing the cremation, the date the dead human body was received, the date the cremation was performed and such other information as the Board may require The record of each cremation shall be signed by the owner or operator of the crematorium The record shall be kept at the crematory for inspection by the Board which may also require copies thereof to be filed with it containing the information as may be necessary for the use of the Board

Section 11 Prohibitions

(a) Removing or possessing dental gold or dental silver from deceased persons is prohibited

(b) A dead human body may not be cremated with a pacemaker or other potentially hazardous implant, includig any toxic or explosive-type sealed implants, in place The authorizing agent is responsible for disclosing the existence of any pacemakers or other hazardous implants

(c) The unauthorized, simultaneous cremation of dead human remains of more than one (1) person within the same cremation chamber is prohibited unless the crematory has received express written authorization form all appropriate authorizing agents for the human remains to be cremated simultaneously A written authorization exempts the crematory from liability for commingling of the product of the cremation process provided the authorization is complied with

(d) No licensee may refuse to release cremated human remains to the authorized agent

(e) It is prohibited to cremate fetuses, limbs, and body parts from private or public health agencies, medical doctors or colleges and universities without appropriate permits and releases Copies of such permits and releases shall remain with the crematory facility

(f) Cremation of animals or pets of any type, is strictly forbidden in a crematory facility designed for the cremation of human remains [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 7 Issue and Renewal of License

Section 1 Grounds for refusing to issue or renew licenses The Board will not issue or renew licenses to persons who have by false or fraudulent representations, obtained or sought to obtain practice in their profession, or by false or fraudulent representation have obtained or sought to obtain money or anything of value, or for any other unprofessional or disorderly conduct, or for the willful violation of any law relating to the public health, or of any rule of the Board and proceedings under this section shall be conducted in accordance with the Board's rules of practice and procedure

Section 2 Issuance of license Upon completion of all requirements and approval of the Board a numbered license shall be issued as a Funeral Director or Embalmer The licensee shall receive a wall certificate and pocket identification card

Section 3 License to be signed and displayed; business to be in name of licensee Every license issued hereunder shall specify the name of the licensee, shall be signed by the licensee and shall be displayed conspicuously in the place of business or employment of the licensee No funeral establishment shall be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name appearing as licensee in the license issued by the Board

Section 4 Issuance of duplicate license number, temporary license prohibited No duplication of license numbers shall be issued in any case should a number become vacant; and no temporary certificates of license shall be granted pending examination of applicants

Section 5 License certificate lost or destroyed In cases where the original license certificate has been lost or destroyed, the Board will issue a duplicate certificate The licensee must furnish an affidavit stating how the original was lost or destroyed and pay a reasonable fee to defray the costs of the duplicate license

Section 6 Expiration of licenses All licenses expire on February 1st of each year

Section 7 Payment of annual renewal fee The annual renewal fee is payable in advance with the application for renewal of license

Section 8 Renewal notice By January 1st of each year the Board shall mail a notice to each licensee at his last address of record that his renewal fee is due and payable Failure to receive notice and application for renewal of license from the Board does not excuse a licensee from the requirement for renewal under the Act and these rules

Section 9 Past due embalmer license renewals Any embalmer license renewal application and fee received which is post-marked after the embalmer license expiration datewill not be accepted by the Board and will be returned to the embalmer and the license will become null and void

Section 10 Funeral director late renewal fee Any funeral director license renewal application and fee received which is post-marked after the license expiration date will be subject to the late fee in addition to the renewal fee

Section 11 Past due funeral director renewals Any funeral director license renewal application and fee received which is post-marked more than thirty (30) days after the funeral director license expiration date will not be accepted by the Board and will be returned to the funeral director and the license will become null and void

Section 12 Reinstatement of funeral director license; fees, penalties, etc When a licensed funeral director has for any reason allowed his license to lapse, the Board is hereby given power of reinstatement, if application therefore is made within a period of three (3) years from the lapse and is accompanied by all fees based on the current fee schedule, including renewal and penalties, from the time of the lapse to date of reinstatement [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 8 Fees Section 1General information

(a) The current fee schedule shall appear in the official records of the Board's activities and be kept on file in the Board office

(b) At the time of application, a copy of the current fee schedule shall be provided to the applicant

(c) Fees shall be paid in the exact amount, by money order or cashier's check, and shall be paid in advance of services rendered Fees for renewal of license may be paid by personal or business check

(d) All fees collected by the Board are non-refundable

Section 2 Maximum fees Fees for services for which the Board charges shall not exceed the following schedule including, but not limited to:

(a) Embalmer license examination:
(i) Original licensure by state law examination$22500
(ii) Reciprocal licensure by state law examination$22500 (iii) Foreign embalmer licensure by practical examination and state law (to include mileage reimbursement at the rate allowed by the State of Wyoming, Travel Rules and Regulations)$30000 (iv) Embalmer written examination in lieu of a National Board Examination, if applicant has not passed the NBE (This exam is prepared by the CFSED and is termed a State Board Examination (SBE)) The applicant shall pay for and pass the state law examination$45000

(b) Embalmer initial license for first year:
(i) February 1 to July 31$15000
(ii) August 1 to January 31$7500

(c) Embalmer annual license renewal$15000

(d) Funeral Director examination:
(i) Existing business (change of owner or director)$22500
(ii) New business (includes inspection)$45000

(e) Funeral director annual license renewal$22500

(f) Crematory license fee (includes inspection)$37500

(g) Crematory annual license renewal$22500

(h) Late fee for license renewal: funeral director, crematory$3000
(i) Business name change$3000 (j) Location change of business (includes inspection)$22500 (k) Copies of Act and Rules and Regulation booklet$2250 (l) Assignment of funeral director license number$4500 (m) License verification to another jurisdiction$1000 (n) Duplicate license certificate$1000 [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 9 Burial Permit, Death Certificate, Eembalming for Transportation, and Transportation of Dead Human Bodies

Section 1 Standard burial transit permit required No person, partnership or corporation shall inter, assist in, or assent to or allow an interment of a dead human body, or aid or assist in the preparation of any grave or place of depository of any dead human body, or assist in the cremation or burial or transport or receive for interment, burial or transportation any dead human body, unless accompanied by a Standard Burial Transit Permit and all persons, partnerships and corporations must comply with the rules and regulations of the Board covering the transportation of dead human bodies

Section 2 Disposition of permit The burial or removal permit issued by the local registrar shall be delivered to the sexton, or other person receiving the dead human body for final disposition It shall be the duty of the person who shall receive any such permit to preserve and return the same to the Local Health Officer or Registrar of Vital Statistics of the respective city after the interment, cremation, or other disposition of the dead human body, stating therein the date and time of the interment, cremation, or other disposition and the number of grave or receptacle in which the dead human body was buried or sealed

Section 3 Embalming fluids The use of embalming fluids, hardening compounds and preservatives for the preparation of dead human bodies, containing mineral poisons, is strictly forbidden in the state of Wyoming

Section 4 Embalming one who died of communicable disease

(a) The bodies of those who have died of a contagious communicable infectious disease as set out in Chapter IV, supra, shall not be transported nor accepted for transportation unless prepared by being thoroughly disinfected and embalmed by,
(i) arterial and cavity injection with an effective disinfecting and embalming fluid;
(ii) disinfecting and stopping all orifices with dry absorbent cotton;
(iii) washing the dead human body with a disinfectant

(b) Those bodies who have died in such a manner as to prevent arterial and cavity embalming, and were infected with a communicable disease at the time of death, must be hypodermically and topically treated with an effective disinfecting and preserving fluid and/or powder The dead human body must then be placed in a container which is resistant to the flow of air and fluids, a disaster pouch being the minimum container with a zipper sealed witha good sealant

Section 5 Embalming one who died of non-communicable disease

(a) Bodies dead from any cause not stated in Chapter IV, supra, may be received for out-of-state transportation by common carriers, when prepared by being thoroughly disinfected by:
(i) arterial and cavity injections with an approved disinfecting fluid containing not less than ten percent (10%) of forty percent (40%) formaldehyde solution;
(ii) disinfecting and stopping of all orifices with dry absorbent cotton; and (iii) washing the dead human body with a disinfectant

(b) After being prepared and disinfected as above, the bodies shall be enclosed in a casket or a shipping container

(c) Bodies which are badly burned, mangled or mutilated to the a degree that they cannot be embalmed by conventional arterial and cavity embalming, shall be treated by hypodermic injections and topical applications of strong disinfectants and preservatives After the treatments, they shall be placed in a container which resists the flow of air and fluids, a minimum of a disaster pouch as described in previous sections Before transportation is made by common carrier, the minimum container must be placed in a shipping container or regular casket to prevent the minimum container from being damaged during shipment

Section 6 Standard burial transit permit as shipping paster - use of duplicate

(a) The Standard Burial Transit Permit, referred to in Section

33-16-109, WS 1977, as a shipping paster, shall be the only form necessary for burial, removal or shipment of dead human bodies within the state of Wyoming and to other states and to Mexico and Canada

(b) When used as a transit permit for transportation of a dead human body by a common carrier, a duplicate of the standard burial transit permit may be enclosed in a strong envelope and attached to the shipping case No separate transit permit is necessary and the use of the duplicate permit is optional with the funeral director Shipping instructions must be attached to the box or case so they may be easily read by common carrier employees

Section 7 Time for transportation No embalmed dead human body (except disinterred body) shall be accepted for common carrier transportation unless the embalming process has been completed

Section 8 Use for anatomical purposes The bodies of those dead from any cause stated in Chapter IV, supra, to be used for demonstration of anatomy in colleges and schools of embalming, or for use of the Board, may be received for transportation when prepared bybeing thoroughly disinfected by arterial injection with an approved fluid After being prepared as above, the bodies may be received for transportation

Section 9 Reshipment Bodies which have been embalmed and are in good condition when received from another state may be reshipped by a Wyoming licensed embalmer by obtaining a burial transit permit from the local registrar Bodies not in good condition shall not be reshipped until said bodies have been prepared and disinfected according to the rules governing the preparation and transportation of dead human bodies in the state of Wyoming

Section 10 Disinterred bodies

(a) Before bodies can be disinterred, a permit for disinterment, transportation and reinterment must be obtained from a local registrar on a form approved by the State Department of Health When the dead human body is to be shipped by railroad express or other common carrier, the local registrar is authorized to issue the permit in duplicate, one copy which is to be firmly attached to the casket or shipping box, preferably in a strong envelope Bodies to be shipped by common carrier must be closed in a tightly sealed container to prevent the escape of fluids or odors

(b) When a second funeral director is to reinter the dead human body, his name should be added to the front side of the permit below the name of the funeral director who disinterred the dead human body

(c) Permits to disinter a dead human body may be issued only to Wyoming licensed embalmers or funeral directors

(d) The administrative procedure will be as follows:
(i) The person wishing to disinter a dead human body applies to the local registrar of the district in which the dead human body is buried and receives a permit from him filled out with the items above the registrar's name
(ii) This permit is presented at the cemetery where the dead human body is to be disinterred, where the permit is endorsed by the superintendent, sexton, or person in charge (iii) Then, the permit is surrendered to the superintendent or person in charge of the cemetery of reinterment who endorses and forwards the permit within ten (10) days to his own local registrar (iv) The latter forwards the permit with his monthly returns to the State Registrar for entry of the place and date of reinterment on the original death certificate

(e) No person shall disinter a dead human body without first securing a permit from the local registrar of the district in which the dead human body is buried The above is alsoapplied for the opening of a grave for any purpose whatsoever [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 10 Pursuing Prosecution for Violations

Section 1 Effect of rules and regulations Every licensed funeral director having a pecuniary interest in, or managing any funeral establishment in the State of Wyoming, will be held responsible for any violations of any law or rule or regulation governing and regulating funeral establishments, funeral directors, embalmers, apprentice embalmers, and the practice of embalming

Section 2 Petition for revocation or suspension of license or permit; notice for hearing; order of suspension or revocation A petition for the revocation or suspension of a license may be filed by the attorney general or by the county attorney of the county in which the licensee resides or has practiced, or by any citizen residing in this state Said petition shall be filed with the Board and shall be entitled, "In the Matter of the Revocation (or Suspension) of the License of (name of licensee) to Practice Funeral Directing", and shall state the charges against the licensee with reasonable definiteness Upon the presentation of the petition to said Board, the Board shall make an order fixing a time and place of hearing thereon which shall not be less than ten (10) days nor more than thirty (30) days thereafter Notice of filing of the petition and the time and place of hearing shall be served upon the licensee at least ten (10) days before said hearing Said notice may be served by any sheriff or constable or by any person especially appointed by the Board Order of revocation or suspension of licenses shall be entered of record and the name of said licensee stricken from the roster of licentiates and the licensee may not engage in the practice of funeral directing after revocation of license or during the time for which it is suspended

Section 3 Petition for revocation or suspension of license; appeal to district court Both parties shall have the right of appeal to the district court of the county in which the licensee resides at any time within thirty (30) days after entry of the order of the Board The service of a notice in writing, of the intention of taking the an appeal, within ten (10) days after the entry of the order shall be sufficient notice to the adverse party of the appeal A transcript of all pleadings upon which the cause was submitted to the Board, duly certified, shall be filed in the office of the clerk of the district court and the filing shall complete the appeal The trial of the district court upon the appeal shall be de novo In the event the licensee appeals, the decision of the Board shall not be stayed by the proceedings on appeal and the appeal shall not operate to restore the right of the licensee or to practice pending the appeal, unless bond, with sufficient surety, to be approved by said clerk of the district court, shall be posted with said clerk of the district court, in such sums as the judge or court commissioner may require, conditioned that the appeal shall be prosecuted without unnecessary delay and in case the decision appealed from be confirmed the licensee shall pay all costs [ Home | For Members | Embalming Rules & Regs. | Creutzfeldt-Jakob Disease ] Web Design by FuneralNet Copyright © 2000, Wyoming Funeral Directors Association, and FuneralNet CHAPTER 11 Complaints: Practice and Procedure

Section 1 Statement of purpose These rules and regulations are adopted to implement the Board's authority to conduct investigations, hearings and proceedings concerning alleged violations, and to determine and administer appropriate disciplinary action against licensees for proven violations as required by Sections

33-16-101, et seq,

33-16-310, and

33-16-311

Section 2 Receipt of complaint Any complaint made against a licensee shall be made in writing and should provide at least the following information:

(a) Name, address, place of employment and position of the individual believed to have violated the governing statute or Board rules and regulations;

(b) The nature of the complaint and a description of the incident(s) involved, including date(s), time(s), and location(s), and any observed behavior of the individual;

(c) The name and address of other witnesses, if any; and

(d) The signature and address of the person or persons making the complaint

Section 3 Review of complaint A committee of two (2) Board members, appointed on a rotating basis by the president of the Board, shall review each complaint and where necessary, direct further investigation

(a) The Committee members so appointed shall not take part in the consideration of any contested case in which they participated in the investigation of the complaint Members of the committee shall not by this rule be barred from attending any disciplinary hearing

(b) Following review and investigation of a complaint, the committee may take any appropriate action, including but not necessarily limited to the following:
(i) Forward the complaint filed by a complainant to the Board for formal disciplinary proceedings;
(ii) File a complaint with the Board on its own behalf;
(iii) Send a written letter of warning to the individual listed in the complaint;
(iv) Deny issuance or renewal of a license;
(v) Accept the voluntary surrender of a license;
(vi) Recommend terms for a conditional license; or (vii) Close the investigation of any complaint

Section 4 Notice and opportunity to show compliance Prior to commencing formal proceedings by filing of a petition for the revocation or suspension of a license, the Board shall give notice by mail to the licensee of the facts or conduct which warrant the intended action The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within ten (10) days of receipt of the notice The notice shall be sent by certified mail with return receipt to the licensee's last known address

Section 5 Commencement of formal proceedings

(a) Formal proceedings may be commenced only after filing of a complaint in the form prescribed by the Board alleging a violation of the governing statutes or of Board rules and regulations

(b) The complaint required herein may be either the initial complaint filed by the complainant or a complaint filed by the Board committee

Section 6 Notice Formal proceedings for Board disciplinary action or a license shall be commenced by notice issued by the Board, served in person or by certified mail

(a) Notice shall contain at least:
(i) The name and address of the Respondent
(ii) A statement, in ordinary and concise language, of the nature of the complaint filed with the Board, and the facts upon which the complaint is based, as well as the specific statutory provision(s) or the Board rules and regulations involved;
(iii) The time, place and nature of the hearing;
(iv) That the hearing is being held pursuant to the Board's authority under Sections

33-16-101 et seq,

33-16-310 and

33-16-311, W S 1977 (v) That failure to respond to the complaint within twenty (20) days of its receipt may result in default

(b) Service on the Respondent shall be deemed complete and effective if the document to be served is sent by certified mail to the Respondent at the last known address provided to the Board by the Respondent

Section 7 Default The Board may enter an order based on the allegation s of a complaint in any case where the Respondent has not responded within twenty (20) days of thedate of notification of the complaint, or in any case in which the Respondent or the Respondent's representative has not appeared at a scheduled hearing of which the Respondent had notice

Section 8 Motions All motions made to the Board shall be made in writing ten (10) days prior to the date set for hearing

(a) The Board may, within its discretion and upon good cause shown, allow a motion to be filed at any time

(b) For purposes of this rule, any request for settlement of a contested case shall be considered a motion before the Board

Section 9 Docket

(a) When formal proceedings are initiated and notice has been afforded, the case shall be assigned a number and entered upon a docket provided for such purpose

(b) The Secretary of the Board shall establish a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned, and the date of filing

Section 10 Discovery

(a) In all formal proceedings before the Board, discovery shall be afforded in accordance with Section 16 -3-107(g)

(h) of the Wyoming Administrative procedure Act

(b) Requests for discovery from the Board shall be made in writing and directed to the Secretary of the Board

Section 11 Subpoenas

(a) The issuance and enforcement of subpoenas is governed by Section 16 -3-107(d)

(e)

(f) of the Wyoming Administrative procedure Act

(b) Subpoenas for appearance or to produce books, papers, documents, or exhibits may be issued by the Secretary of the Board upon receipt of the written application for same by any party to the case

(c) Written requests for subpoenas shall describe with particularity the materials requested for production

(d) The party requesting the issuance of a subpoena shall bear the costs of such issuance to the extent and in the same manner as those fees are paid in the District Courts of the State of Wyoming

Section 12 Witnesses

(a) All persons testifying at any hearing before the Board shall stand and be administered a standard oath

(b) No testimony will be received from a witness except under oath or affirmation

(c) The party calling a witness shall bear the costs associated with the witness's appearance

Section 13 Representation

(a) Any respondent may represent themselves or be represented by counsel, provided that the counsel is licensed to practice law in the State of Wyoming, or is associated at the hearing with one or more attorneys licensed to practice law in the State of Wyoming

(b) A request for withdrawal from representation shall be made by the attorney in writing to the Board

(c) In any case before the Board, an appearance in person or the filing of an answer shall constitute an appearance of record by an attorney

(d) A representative of the Attorney General's Office shall present to the Board all matters enumerated and described in the notice

(e) The Board may request the Attorney General or the designated representative to be prsent and advise the Board in conducting the hearing

Section 14 Order of procedure As nearly as practicable, the order of procedure at any hearing before the Board shall be as follows:

(a) The presiding officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the presiding officer shall direct the reading into the record of the notice given, and the complaint, together with appearance in the form of answers or other appearance made by the Respondent, and shall note for the record all subpoenas issued and all appearances of records, including Respondent and counsel

(b) Opening statement may be made by each of the parties The time allowed for oral argument maybe limited by the presiding officer

(c) The counsel or representative of the Board, shall thereupon proceed to present the evidence in support of the complaint Witnesses may be cross-examined by the Respondent or the Respondent's counsel All exhibits offered by and on behalf of the complaint shall be marked by letters of the alphabet beginning with "A"

(d) The Respondent shall, in the order of the answers or appearance made, be heard in the same manner as the evidence, witnesses, and exhibits were heard and presented in support of the complaint, and may be cross-examined by the counsel or representative of the Board The Respondent's exhibits shall be marked separately so as to identify the Respondent, commencing with the numeral "1"

(e) Rebuttal evidence may be allowed within the discretion of the presiding officer

(f) Closing statements may be made by the representative of the Board and by the Respondent or the Respondent's counsel at the conclusion of the presentation of evidence No rebuttal statement may be made by any of the parties to the proceeding

(g) After all proceedings have been concluded, the presiding officer shall dismiss and excuse all witnesses, and declare the hearing closed Any party who may wish to present written briefs of law to the Board may do so, and the presiding officer may request written briefs of law for the Board The Board shall take the case under advisement and shall inform the Respondent that the decision shall be announced within due and proper time following consideration of all the matters presented at the hearing

Section 15 Decision and order The Board shall, following a hearing, make and enter a written decision and order containing findings of fact and conclusions of law, stated separately

(a) The decision and order shall be sent by certified mail to the Respondent and the Respondent's attorneys of record

(b) This rule does not preclude the Board from giving preliminary, non-binding notice to the parties prior to the filing of the Board's written decision and order

(c) Unless otherwise ordered by the Board, all decisions of the Board shall be effective as of the time of the filing of the written decision and order

Section 16 Record of proceedings In a contested case, the proceedings, including all testimony shall be reported verbatim by a competent reporter or by other methods deemed sufficient by the Board Such other methods may include the use of tape recorders

Section 17 Surrender of license In the event a license is revoked or suspended, the license shall be surrendered to the Board

Section 18 Appeals

(a) Appeals from decisions of the Board are governed by Section 16 -3-114, WS 1977, of the Wyoming Administrative procedure Act, and the Wyoming Rules of Appellate procedure

(b) Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal

Section 19 Applicability of the rules of civil procedure The Wyoming Rules of Civil procedure, insofar as they may be applicable and not inconsistent with the laws of the State and these rules and regulations, shall apply to cases before the Board

CHAPTER 12 Reinstatement of License After Suspension or Revocation

Section 1 Reinstatement after disciplinary action A licensee whose license has been suspended may petition the Board for reinstatement of the license thirty (30) days before the end of the suspension period

Section 2 Procedures for reinstatement

(a) A petition for reinstatement shall be accompanied by at least two (2) verified recommendations from licensed funeral directors and by at least two (2) recommendations from individuals each having personal knowledge of the activities of the licensee since the disciplinary action was imposed

(b) A petition for reinstatement shall be considered at the next Board meeting but not within thirty (30) days after the petition was filed

(c) Any petition for reinstatement of a license shall be acted upon by the Board within one hundred and eighty (180) days after the filing of a proper petition and the accompanying documents

(d) If a formal hearing is held on the petition, at least thirty (30) days notice shall be given by sending a notice of hearing by certified or registered mail to the last known address indicated in the records of the Board Notice may also be given by personal service

(e) The hearing procedure shall be conducted in accordance with Chapter VIII of these rules and the Wyoming Administrative Procedure Act

Section 3 License renewal fees A licensee whose license is reinstated shall pay the renewal fee for the year in which the license is reinstated CHAPTER 13 Information Practices

Section 1 Disclosure

(a) The personal information compiled by the Board concerning each licensee or prospective licensee is confidential and shall be released only to the person to whom the record pertains, to others upon notarized written consent or upon court order

(b) Disclosure of confidential records and public records shall also be governed by WS 16-4-201 et seq, pertaining to public records

Section 2 Access

(a) Any licensee, prospective licensee or others with the licensee's notarized written consent may personally inspect the contents of a respective Board's file except for personal recommendations, and unofficial complaints

(b) Record inspection shall take place under the following conditions:
(i) An appointment shall be made to review the file during regular business hours at the office of the Board;
(ii) In the presence of a Board member or a representative of its administrative staff; and (iii) Original documents shall remain with the Board but may be copied at the Board office for a reasonable fee

Section 3 Correction and amendment Any licensee or prospective licensee may clarify erroneous, inaccurate or misleading information in their file by submitting a written statement to the Board which shall be placed in the file

Section 4 Change of name and/or address

(a) A licensee shall notify the Board in writing of any change in legal name within thirty (30) days

(b) A licensee shall notify the Board of any change of home or professional mailing addresses and telephone numbers within thirty (30) days

Section 5 Verification of licensure to another jurisdiction Upon receipt of a written request for verification of licensure and the required fee, the Board shall provide theinformation to the jurisdiction specified by the licensee

Section 6 Requests for roster of licensees

(a) The roster shall be made available to state agencies and licensees upon request, free of charge

(b) Any other entity may obtain a roster by written request accompanied by a money order or cashiers check in the amount of $10000