Arizona's Embalming Laws
- In order to embalm a body in Arizona, one must possess a license which can be obtained from the Arizona Funeral Board. Interns may also embalm bodies but they must be overseen by a registered embalmer. The embalmer must also sign off on the embalming with a signature and license number.
- In order to enucleate the eyes of the deceased, the embalmer must have a license and have finished the appropriate training from the Arizona medical board.
- People who are not licensed as embalmers may not advertise themselves as such. People who are licensed embalmers must use an appropriate title like "undertaker" or "embalmer" when advertising their services.
- Embalmers are not allowed to commit crimes against the dead as defined by Section 32-1364 of Article 3 of the Arizona Revised Statutes. These include disinterring a body with malicious intent or the intent to sell it, robbing corpses or practicing necrophilia. It is also illegal for anyone to hold or embalm a corpse without a license or the proper authorization.
- Embalmers must alert authorities if they discover a piece of evidence that raises suspicion as to the cause of death of the individual. Embalmers may not use caskets or other containers which have already been used to bury a dead body. They must also alert a potential casket buyer if the casket was ever used for the purpose of renting. Embalmers may not pay any sort of commission relating to the illegal disposal of a body in a crematory or cemetery. Embalmers and funeral directors may not mislead customers by naming their business anything similar to a competitor. The name may not be anything that misleads a customer into thinking they are acquiring services from another entity.
- In order to cremate or disinter a body, the embalmer must have written consent of the authorizing agent. It is also unlawful to embalm a body without this written consent.
Mortuaries and funeral homes must document in writing the oral permission given relating to:
1. The name of the authorizing agent
2. The relation of the authorizing agent to the deceased
3. The date and time consent was given
4. The name of the person who obtained the consent
5. Any other information required by the board - Embalmers may be punished after a formal hearing by the Arizona Funeral Board for any of the following:
1. Commission of an act of unprofessional conduct.
2. Repeated or continuing negligence or any other professional incompetence in the practice of funeral directing or embalming.
3. Violation of any provision of this chapter or any rule adopted pursuant to this chapter.
4. Violation of any provision of title 44, chapter 10, article 7.
The board may deny a license or opt against renewing the license of an embalmer or funeral director who violates any of these statutes. - Embalmers who are found guilty of any violation of these statutes are liable for the civil penalties and administrative and legal costs incurred by the Arizona Funeral Board in relation to the investigation.
- If the Board determines that an individual is illegally practicing embalming, it may issue a cease and desist order or an injunction to make the individual stop. If the individual refuses, the court may impose a fine of $250 to $1,000 dollars per violation.
Requirement to Hold a License
Enucleation
Title
Crimes Against the Dead
Violations
Authorizing Agents
Grounds for Disciplinary Action
Administrative Costs
Cease and Desist
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