63-5-1. Definition of
unprofessional or dishonorable conduct. “Unprofessional or
dishonorable conduct” by a licensee shall include any of the following:
(a)
Misrepresentation or fraud in the conduct of the licensee's business;
(b)
refusing or neglecting to promptly obtain, complete, and file any death
certificate, out-of-state transportation permit, or coroner’s permit to
cremate;
(c)
refusing or neglecting to file monthly reports of bodies prepared for
burial in
accordance with K.A.R. 28-17-16;
(d)
refusing or neglecting to file quarterly progress reports as specified
in K.A.R.
63-1-3 and K.A.R. 63-2-12;
(e)
committing abuse or showing disrespect in the handling of a dead human
body;
(f)
interference with, failure in, breach of, or obstruction of the
performance of the
contractual duties or services between a licensee and either the next
of kin or a legal
representative of any deceased person;
(g)
requiring the purchase of a casket as a condition to providing funeral
services
if the dead body is to be cremated;
(h)
disclosure of the confidences or secrets of any party served or the use of
these confidences or secrets to the disadvantage of any party served;
(i)
using alcoholic liquor or using illegally a controlled substance while
performing
the duties or services of a licensee;
(j) placing any item on a funeral bill that is not a reasonable funeral expense; or
(k) failure to pay, in a timely manner, the prefinanced funeral agreement audit fees assessed by the secretary of state; or
(l) gross negligence or repeated
instances of ordinary negligence in the rendering of professional
services as an embalmer, funeral director, or assistant funeral
director. (Authorized by and implementing K.S.A. 2005 Supp. 65-1751, as amended by
L. 2004, ch. 57, sec. 4; effective, T-88-43, Oct. 27, 1987;
effective May 1, 1988;
amended Nov. 13, 1995; amended Jan. 12, 2001; amended Nov. 12, 2004; amended Feb. 16, 2007.)
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Street, Suite 904 -
Topeka, Kansas
66603-3733
phone:(785)-296-3980 - fax:(785)296-0891
- email:
boma1@ksbma.ks.gov
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