Kan. Admin. Regs. § 63-5-1

Current through Register Vol. 43, No. 49, December 5, 2024

Section 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;

(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.

Kan. Admin. Regs. § 63-5-1

Authorized by and implementing K.S.A. 2005 Supp. 65-1751; 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.