Wyoming Administrative Rules 035 — Funeral Service Practitioners, Board of

333 Funeral Service Practitioners, Board of

Chapter 1 General Authority

Wyo. Code R. 035.0001.1.05042026 § 1 Authority

These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to their authority under the Funeral Service Practitioners Act, Wyoming Statute 33-16-501 through 33-16-537.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.1.05042026 § 2 Definitions

(a) "Authorizing agent" means the person(s) legally entitled to control the disposition of human remains.

(b) "Dissolution chamber" is a purpose-built vessel that is closed and sealed on all sides when human remains are placed inside and the chemical disposition process takes place.

(c) "Final processing" means bone fragments and non-combustible items, such as metal debris, are separated by hand or by magnet. The bone fragments are placed into a cylindrical processor and further pulverized (or crushed) into small, uniform fragments.

(d) "Supervision" means that the supervising licensed funeral service practitioner is physically present and immediately available, and in all cases in the funeral establishment, while the apprentice is assisting with the embalming of the dead human body.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.1.05042026 § 3 Incorporation by Reference

The Board hereby incorporates by reference the following:

(a) Each rule and code incorporated by reference is further identified as follows:

(i) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, available at https://rules.wyo.gov/Search.aspx?RefNum=006.0011.2.09062016

(ii) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, available at https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017

(iii) The National Funeral Directors Association (NFDA) Code of Professional Conduct amended July 13, 2022 available at www.NFDA.org.

(b) For these rules incorporated by reference:

(i) Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules and standards are maintained at the Board office and available for public inspection and copying at cost at the same location.

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History

• Effective 2026-05-04

Chapter 2 Funeral Service Practitioner

Wyo. Code R. 035.0001.2.05042026 § 1 Authority

These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to their authority under Wyoming Statutes 33-16-518 and 33-16-522.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.2.05042026 § 2 General Application Requirements

(a) The Board shall not review an individual's credentials prior to receiving a complete application. An individual is considered an applicant once they have submitted:

(i) A complete application on a form and manner approved by the Board accompanied by the application fee; and

(ii) Appropriate proof of legal presence in the United States.

(b) All documents submitted in support of the application shall be submitted directly to the office of the Board from the source and not forwarded through the applicant.

(c) The completion of all requirements for licensure shall be documented within one

(1) year of the date the application was received by the Board, otherwise the application will be deemed incomplete and closed without further notice.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.2.05042026 § 3 Funeral Service Practitioner License

In addition to the documents required in Section 2(a), an applicant for a funeral service practitioner license shall submit:

(a) Letters of recommendation from an actively licensed funeral service practitioner in good standing with a state licensing board and two (2) non-funeral service related 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 application date.

(ii) Letters of recommendation will not be accepted from relatives of the

applicant.

(b) An official embalming or mortuary school transcript;

(c) An official International Conference of Funeral Service Examining Boards examination score report;

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(d) An oral jurisprudence examination administered by the Board at a the regular meeting of the Board within the most recent 24 months with a passing score of at least seventy-five percent (75%). An applicant may request a special meeting at which the Board administers the exam to that applicant, provided that the applicant pays additional fees as provided in Chapter 8, Section 3.

(e) A completed Apprentice Report, signed by the supervising funeral service practitioner, attesting completion of assisting in the embalming of at least twenty-five (25) dead human bodies and having assisted in arranging and conducting at least twenty-five (25) funeral or memorial services in no less than one (1) year and no more than three (3) years;

(f) Verification of license from all jurisdictions in which the applicant held or currently holds a license to practice funeral service, if applicable.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.2.05042026 § 4 Annual Nonresident Funeral Service Practitioner Permit

In addition to the documents required in Section 2(a), an applicant for an annual funeral service practitioner permit shall submit evidence that the applicant holds an active license from the jurisdiction in which he resides.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.2.05042026 § 5 Occasional Nonresident Funeral Service Practitioner Permit

An out-of-state applicant for an occasional nonresident funeral service practitioner permit shall apply for an occasional funeral service practitioner permit before performing a service in this state.

(a) Occasional nonresident funeral service practitioner permits are valid for one (1) service only. Additional services performed in Wyoming shall each require a new permit.

(b) Occasional funeral service practitioner applicants must submit the following:

(i) A complete application on a form and manner approved by the Board accompanied by the application fee; and

(ii) A copy of a current license in good standing from their state of residence.

History

• Effective 2026-05-04

Chapter 3 Apprentice Funeral Service Practitioner

Wyo. Code R. 035.0001.3.05042026 § 1 Authority

These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to their authority under the Funeral Service Practitioners Act, Wyoming Statute 33-16-501 through 33-16-537.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.3.05042026 § 2 Qualifications

Any individuals apprenticing with a funeral service practitioner shall be licensed in accordance with W.S. 33-16-519.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.3.05042026 § 3 Apprentice License

Individuals applying for an apprentice license shall submit the following:

(a) A complete application on a form approved by the Board accompanied by the application fee;

(b) A completed open-book jurisprudence examination with a passing score of at least 90%;

(c) A completed "Apprenticeship Supervision Agreement" signed by the supervising funeral service practitioner and the apprentice; and

(d) Appropriate proof of legal presence in the United States.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.3.05042026 § 4 Supervision

Any licensed funeral service practitioner in the state of Wyoming may have a person serving as an apprentice funeral service practitioner under their supervision.

(a) A funeral service practitioner who has been subject to discipline and has not completed all sanctions and remedial actions within the most recent five (5) years shall request and obtain Board approval before supervising an apprentice, subject to the terms of a disciplinary order that provides for a longer non-supervision period.

(b) The supervising funeral service practitioner shall assume complete responsibility for all acts and omissions of the apprentice within the scope of the apprenticeship;

(c) The supervising funeral service practitioner 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 Board but in no event shall supervise more than two (2) apprentices at one time.

(d) It shall be the responsibility of the supervising funeral service practitioner to ensure the apprentice is properly licensed by the Board prior to the commencement of the apprenticeship period. The supervising funeral service practitioner shall complete a supervision report and submit to the board office every six (6) months.

(e) The supervisor or, with the supervisor's approval another Wyoming licensed funeral services practitioner, shall remain present on the funeral establishment premises and immediately available to conduct embalming at all times that an apprentice is embalming a dead human body. Nothing in this subsection relieves the supervisor of responsibility for acts conducted by the apprentice.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.3.05042026 § 5 Term and Requirements of Apprenticeship

(a) An apprenticeship consists of the following:

(i) Two thousand (2,000) working hours at a permitted funeral establishment and assisting with;

(ii) Embalming twenty-five (25) dead human bodies; and

(iii) Arranging of twenty-five (25) funeral services.

(b) The apprenticeship term shall be at least twelve (12) months but no more than thirty-six (36) months. The Board may extend the apprenticeship period for good cause.

(c) Only hours completed in Wyoming and supervised by a Wyoming licensed funeral service practitioner will count toward completion of the apprenticeship; under the direction of the supervising FSP.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.3.05042026 § 6 Change in Supervision

(a) In the event that the apprentice's supervision is terminated, the previously supervising funeral service practitioner shall notify the Board in writing within ten (10) days.

(b) In the event that the supervising funeral service practitioner changes, the supervising funeral service practitioner or the apprentice shall notify the Board in writing and attach a new supervision agreement within ten (10) days. Apprentices may not conduct any funeral service practice until the new supervision agreement is submitted and approved by the Board office.

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History

• Effective 2026-05-04

Chapter 4 Practice of Professional Funeral Service

Wyo. Code R. 035.0001.4.01082015 Practice of Professional Funeral Service

CHAPTER 4

PRACTICE OF PROFESSIONAL FUNERAL SERVICE

Section 1. 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 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 of 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 licensed prior to July 1, 2014, or a funeral service practitioner 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 hydro aspirator is in use in the preparation room, the hydro aspirator must have a vacuum breaker attached thereto.

(b) All hearses and first call or removal vehicles 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, and alternative containers for cremation.

Section 2. Consumer Protection. A funeral director or funeral service practitioner 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 funeral service shall be subject to revocation or suspension of his license.

Section 3. 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.

Section 4. Embalming Practice.

(a) The use of embalming fluids, hardening compounds and preservatives for the preparation of human remains, containing mineral poisons, is strictly prohibited in the State of Wyoming.

(b) 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.

(c) Every preparation room shall be stocked or furnished with proper and convenient receptacles for refuse, bandages, cotton and other waste materials. All such discarded items shall be destroyed by incineration or other sanitary means.

(d) 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.

(e) The bodies of those who have died of a contagious communicable infectious disease 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 human remains with a disinfectant.

(f) Those 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 human remains 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 with a good sealant.

(g) 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. 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 5. Requirement for Cremation, Chemical Disposition, Burial, Embalming or Refrigeration. All bodies in possession of the funeral service practitioner or funeral director must be properly refrigerated, cremated, chemically disposed, buried, or embalmed within thirty- six (36) hours after receipt thereof. No dead human body may be cremated or chemically

disposed of in under twenty-four (24) hours without the written permission of the county coroner of the county in which the death occurred.

Section 6. Requirement for Shipment of Bodies out of Wyoming. No human remains may be removed from the state of Wyoming by a funeral service practitioner of another state without first obtaining the services of a permitted Wyoming funeral establishment, for the purpose of the filing of a death certificate and obtaining a burial-transit permit.

(a) Bodies dead of communicable diseases which could present a public health risk to the funeral service practitioner, 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;

(ii) If shipment will take place after thirty-six (36) hours from the time of death, then the dead human body must be refrigerated or embalmed before shipment.

Section 7. Requirements for Bodies Being Shipped into Wyoming. Dead bodies may be shipped into the state to a licensed funeral service practitioner under the following conditions:

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

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

Section 8. Requirements for Bodies shipped to Foreign Countries. All dead human bodies being shipped into 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 9. Burial when Death Caused by Communicable Disease.

(a) It shall be the responsibility of the funeral service practitioner, apprentice or removal person to ascertain the cause of death prior to removal from the place of death. If the person has died from a potentially infectious disease, the funeral service practitioner shall follow the recommendations of the state health officer in regards to permissible types of disposition.

(b) Procedure for removal. It shall be the duty of any licensee caring for the body of a person who had died of a potentially infectious disease 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.

History

• Effective 2015-01-08

Chapter 5 Funeral Establishment

Wyo. Code R. 035.0001.5.07252016 Funeral Establishment

CHAPTER 5

FUNERAL ESTABLISHMENT

Section 1. Permit Required. Any licensed funeral service practitioner, funeral director, firm, association, or corporation desiring to operate a funeral establishment in the state of Wyoming shall apply for and receive a permit from the Board. The permit shall be displayed in a conspicuous place on the premises of the funeral establishment.

Section 2. Qualifications for Permit. An applicant for a permit to operate a funeral establishment in Wyoming shall be a licensed funeral service practitioner who is a shareholder or officer in or is directly employed by a permitted funeral establishment. If the applicant is an organization, it shall be a funeral establishment permitted by the board that employs at least one (1) licensed funeral service practitioner assigned as the funeral service licensee responsible for the funeral establishment.

Section 3. Application Procedures. An applicant for a permit to operate a funeral establishment shall submit the following:

(a) A complete and notarized application that includes:

(i) The name of the licensed funeral service practitioner responsible for the funeral establishment;

(ii) The location of the funeral establishment; and

(iii) Names of all employees of the funeral establishment.

(b) Application fee; and

(c) An inspection report completed and signed by the Board or its designee.

Section 4. Emergency Contingency for Solo Practitioner; Establishing a Surrogate.

(a) Solo practitioners shall execute a "Designation of Surrogate Funeral Service Practitioner" form as provided by the Wyoming State Board of Funeral Service Practitioners. Whenever a funeral service practitioner becomes incapacitated or dies, and no other licensed funeral service practitioner is employed by the funeral establishment, the surrogate funeral service practitioner shall immediately become the funeral service practitioner in charge of the funeral establishment.

(b) The establishing of a surrogate funeral service practitioner shall only allow the surrogate to do the everyday duties of funeral service practice necessary for operation of the funeral home.

History

• Effective 2016-07-25

Chapter 6 Crematory or Chemical Disposition Facility

Wyo. Code R. 035.0001.6.10072015 Crematory or Chemical Disposition Facility

CHAPTER 6

CREMATORY OR CHEMICAL DISPOSITION FACILITY

Section 1. Permit Required. Any licensed funeral service practitioner, funeral director, firm, association, or corporation before operating a crematory or chemical disposition facility in Wyoming shall apply for and receive a permit from the Board. The permit shall be displayed in a conspicuous place on the premises of the crematory or chemical disposition facility.

Section 2. Qualifications for Permit. An applicant for a permit to operate a crematory or chemical disposition facility in Wyoming shall:

(a) Be a licensed funeral service practitioner or funeral director who is a shareholder or officer in or is directly employed by a permitted funeral establishment. If the applicant is an organization, it shall be a funeral establishment permitted by the board that employs at least one (1) licensed funeral service practitioner assigned as the funeral service licensee responsible for the crematory or chemical disposition facility.

(b) Hold a chemical disposer license if applying for a chemical disposition facility permit. A licensed funeral service practitioner may obtain a chemical disposer license by submitting the following:

(i) A complete and notarized official application form accompanied by the application fee; and

(ii) Evidence of training that demonstrates that:

(A) The applicant has completed training in performing cremation services and received a certification by a reputable organization approved by the Board;

(B) The applicant has completed training in performing chemical disposition services and received a certification by a reputable organization approved by the Board.

(C) All individuals holding a funeral service practitioner license as of July 1, 2014 who are not certified to operate a crematory or dissolution chamber shall have one year to obtain certification.

(D) New licensees shall be certified prior to being allowed to operate a crematory or dissolution chamber.

Section 3. Application Procedures. An applicant for a crematory or chemical disposition facility permit shall submit the following:

(a) A complete and notarized application that includes:

(i) The name of licensed funeral service practitioner responsible for the crematory or chemical disposition facility; and

(ii) The location of the crematory or chemical disposition facility;

(b) Application fee; and

(c) An inspection report completed and signed by the Board or its designee.

Section 4. Crematory or Chemical Disposition Facility. The funeral service practitioner or funeral director listed on the crematory or chemical disposition permit is responsible for the maintenance, employee training, and safe operation of cremator or chemical disposition equipment used in cremations or chemical disposition.

(a) All crematory or chemical disposition facilities shall be kept and maintained in a clean and sanitary condition and all appliances used in the preparation for cremation or chemical disposition of dead human bodies shall be thoroughly cleaned after each use.

(b) When the crematory or chemical disposition facility is unable to cremate or dissolve the human remains immediately upon taking custody, the human remains shall be placed in a holding area which shall be marked "Private" or "Authorized Personnel Only."

(c) If the human remains are not embalmed, they shall not be held longer than twenty-four (24) hours from the time of possession to cremation or chemical disposition without refrigeration.

(d) A crematory or chemical disposition facility shall be inspected by the Board or its designee during business hours at least once each year.

Section 5. Cremation Casket/Container.

(a) 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. Materials at the facility shall be placed in a storage area not available to the public view.

Section 6. Chemical Disposition Facility. Chemical disposition facilities using alkaline hydrolysis for chemical disposition must comply with the following requirements:

(a) The licensed funeral service practitioner or funeral director shall use a purpose- built vessel as a dissolution chamber.

(b) Chemical disposition systems which operate above atmospheric pressure shall use an American Society of Mechanical Engineers (ASME) certified pressure vessel as a dissolution chamber.

(c) The chemical disposition system shall use parameters of heat, time, and solution circulation sufficient to achieve complete dissolution of all tissue remains.

(d) The licensed funeral service practitioner or funeral director shall ensure that the discharge liquid that is a byproduct of the chemical disposition process meets the facility's sewage collection and treatment facility requirements regarding acceptable temperature and pH level.

Section 7. Cremation or Chemical Disposal of Human Remains. The funeral service practitioner or other person having charge of the preparation of the human remains for burial or the last rites and committal services shall have the right to be present, either in person or by his employees, at any stage of the cremation or chemical disposition of the human remains. Unauthorized persons may not be permitted in the retort area while any human remains are awaiting cremation or chemical disposition, in the process of cremation or chemical disposition, or being removed from the cremation or dissolution chamber.

(a) No crematorium or chemical disposition facility shall accept human remains for cremation or chemical disposition until it has received a burial-transit permit required by law and an authorization for cremation or chemical disposition signed by the nearest legal next of kin.

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

(c) Should the cremated or chemically 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 or chemically processed remains and then securely closed.

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

(e) If the cremated or chemically processed 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 or chemically processed 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 the delivery.

Section 8. Identification. The licensed funeral service practitioner is responsible for the identification of cremated or chemically processed remains. A crematory or chemical disposition facility shall not accept unidentified human remains.

(a) The licensed funeral service practitioner shall attach an identifying metal disc to each receptacle containing human remains. When human remains are to be cremated or chemically processed, the disc shall be secured to the top of the head end of the casket or alternate container, or, when no receptacle is used, to the human remains.

(b) The identifying metal disc shall accompany the human remains through the cremation or chemical disposition process.

(c) The identifying metal disc shall be held on the inside of the cremator or dissolution chamber until the body of the deceased is cremated or chemically processed and the cremated or chemically processed remains are placed in a container as directed by these rules and applicable law. 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 a receptacle containing cremated or chemically processed remains.

Section 9. Removal of Human Remains. Human remains delivered to a crematorium or chemical disposition facility 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 or chemical disposition of the human remains.

Section 10. Records of Crematories or Chemical Disposition Facilities. Upon the receipt of human remains for cremation or chemical disposition, the crematory or chemical disposition facility shall deliver to the funeral service practitioner or his agent who delivers the human remains to the crematory or chemical disposition facility a receipt showing the date of delivery, name and signature of the funeral service practitioner from whom the human remains are received, and the name of the deceased. Each crematory or chemical disposition facility shall maintain a record of each cremation or chemical disposition of human remains disclosing the name of the person cremated or chemically processed, the name of the person authorizing the cremation or chemical disposition, the date the human remains were received, the date the cremation or chemical disposition was performed and such other information as the Board may require. The record shall be kept at the crematory or chemical disposition facility for inspection by the Board which may also require copies thereof to be filed with it containing the information 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) Human remains may not be cremated with a pacemaker or other potentially hazardous implant, including 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. Medical devices and implants may be recovered for recycling at the conclusion of the chemical disposition process.

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

(d) No licensed funeral service practitioner may refuse to release cremated or chemically processed remains to the authorized agent.

(e) It is prohibited to cremate or chemically process 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 or chemical disposition facility.

(f) Cremation or chemical disposition of animals or pets of any type, is strictly forbidden in a crematory or chemical disposition facility designed for the cremation or chemical disposition of human remains.

History

• Effective 2015-10-07

Chapter 7 Rental or Leased Caskets

Wyo. Code R. 035.0001.7.01082015 Rental or Leased Caskets

CHAPTER 7

RENTAL OR LEASED CASKETS

Section 1. Disclosure. A funeral director or funeral service practitioner offering a rental casket to the public shall disclose that the casket is a rental casket by a clear notation on the "Statement of Funeral Goods and Services Selected". If the rental 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 rental casket. A rental casket shall not be represented or offered to the public as a new casket.

Section 2. Sanitation. A funeral director or funeral service practitioner shall insure that a rental casket which is used for viewing or funeral services is maintained in a sanitary condition for reuse by taking any of the following measures:

(a) A plastic sheet or other impervious inner lining shall be used to prevent contamination during use; or

(b) All mattresses, paddings, pillows and linings which contact the human remains shall be removed and replaced with new materials after each use; or

(c) A removable and disposable inner casket box may be used each time the casket is in rental. An inner casket box, or portion thereof, shall not be reused. Human remains which have been placed in an inner casket box shall not be allowed to come in contact with any permanent part of a rental casket. Should the human remains come in contact with a permanent part, the casket shall be disposed of properly.

History

• Effective 2015-01-08

Chapter 8 Fees

Wyo. Code R. 035.0001.8.05042026 § 1 Authority

These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to its authority under the Funeral Service Practitioners Act, Wyoming Statute 33-16-501 through 33-16-537.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.8.05042026 § 2 General

(a) Fees shall be paid in the exact amount, and shall be paid in advance of services rendered.

(b) All fees collected by the Board are non-refundable, regardless of the outcome.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.8.05042026 § 3 Fees

Services for which the Board charges a fee shall include but not be limited to the following:

(a) Application

(i) Funeral Service Practitioner License: $125.00

(ii) Apprentice Funeral Service Practitioner License: $75.00

(iii) Chemical Disposer: $250.00

(iv) Annual Non-resident Permit: $800.00

(v) Occasional Non-resident Permit: $400.00

(vi) Funeral Establishment Permit: $300.00

(vii) Crematory Permit w/inspection: $300.00

(viii) Chemical Disposition Facility Permit: $300.00

(b) Annual Renewal

(i) Funeral Service Practitioner: $250.00

(ii) Apprentice: $150.00

(iii) Funeral Director (established prior to 2014): $200.00

(iv) Funeral Establishment: $400.00

(v) Crematory: $400.00

(vi) Chemical Disposition Facility: $400.00

(vii) Late Renewal, all types: Double Annual Renewal Fee

(c) Miscellaneous

(i) Funeral Establishment, Crematory, or Chemical Disposition Facility Change of Owner or Responsible Funeral Service Practitioner: $75.00

(ii) Funeral Establishment, Crematory, or Chemical Disposition Facility Name Change: $10.00

(iii) Funeral Establishment, Crematory, or Chemical Disposition Facility Location Change w/inspection: $85.00

(iv) License or Permit Verification to Another Jurisdiction: $10.00

(v) Duplicate Wall Certificate or Pocket Card: $10.00

(vi) Special Examination Meeting: $500.00

8-1

History

• Effective 2026-05-04

Chapter 9 Renewal

Wyo. Code R. 035.0001.9.01082015 Renewal

CHAPTER 9

RENEWAL

Section 1. Expiration of License and Permit. All licenses and permits, with the exception of annual or occasional permits, expire on February 1st of each year.

Section 2. Renewal Notice. By January 1st of each year, the Board office 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 or permit from the Board office does not excuse a license or permit holder from the requirement for renewal under the Act and these rules.

Section 3. Continuing Education. As a prerequisite to license renewal, each licensee shall complete a minimum of eight (8) hours of continuing education coursework during the license period.

(a) College classes, seminars, or workshops sponsored by professional associations in areas related to funeral service will generally qualify for continuing education if the education contributes to the professional competence and knowledge of the funeral service practitioner.

(b) Continuing education credit may be obtained by licensees through completion of online courses or attendance at those continuing education courses which have been approved by the Board.

(i) Each semester hour of college credit shall equal fifteen (15) hours of continuing education. A quarter hour shall equal ten (10) hours of continuing education.

(c) Unless disqualified by action of the Board, courses offered by the following providers are approved for continuing education credit:

(i) Local, state or federal government agencies;

(ii) Regionally accredited colleges and universities;

(iii) Board-recognized national, regional, state and local associations or organizations as follows:

(A) National Funeral Directors Association and state chapters;

(B) National Funeral Directors and Morticians Association and state chapters;

(C) Cremation Association of North America;

(D) American Board of Funeral Service Education;

(F) International Conference of Funeral Service Examining Boards;

(G) Wyoming Funeral Directors Association; and

(H) Other similar associations or organizations as approved by action of the Board.

(e) Continuing education credit allowed under these regulations will not be allowed for repeated presentations by the licensee unless the presentation has been substantially revised.

(f) Licensees may not carry-over continuing education hours from one licensing period to the next.

(g) A licensee who fails to obtain the required number of continuing education hours prior to the expiration date appearing on the license shall be denied renewal.

(h) A licensee who fails to obtain the required number of continuing education hours prior to the expiration date of their license shall not engage in any activity which requires a license until or unless the Board renews the license after the licensee demonstrates that all requirements for renewal, including the continuing education requirements and payment of all applicable late fees, have been met.

(i) Those licensed for less than one (1) year shall complete one hour of continuing education for every two (2) months of time they will be licensed in that year. If a person will be licensed for an odd number of months, the number of hours required is rounded up to the next highest hour. Being licensed for fourteen (14) days in a month shall constitute an entire month's requirement of continuing education.

(j) The Board shall periodically select a sample of licensees and may request supporting evidence for their continuing education. It is the licensee's responsibility to maintain supporting documentation of the continuing education taken during the renewal period.

Section 4. Late Renewal.

(a) A license or permit not renewed on or before February 1 has expired and the holder may not lawfully practice in Wyoming.

(b) An expired license or permit may be renewed within thirty (30) days of expiration upon receipt of a completed renewal form, payment of the late renewal fee and completion of continuing education.

(c) An individual who has failed to have a license or permit renewed within thirty (30) days of the February 1 expiration date must meet the requirements of new licensure as provided in Chapter 2 and shall not engage in any activity which requires a license until the Board approves issuance of a new license.

History

• Effective 2015-01-08

Chapter 12 Practice and Procedures for Applications

Wyo. Code R. 035.0001.12.05042026 § 1 Authority

. These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to its authority under the Funeral Service Practitioners Act, Wyoming Statute 33-16-509(a)(iv).

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.12.05042026 § 2 Application Review

.

(a) Assigning Application Review Committee (ARC).

(i) Board staff shall review all applications for a license.

(ii) When Board staff determines that there may be grounds to deny a license or approve a license subject to discipline or restrictions, including an establishment permit following an inspection, Board staff shall refer the application to an ARC.

(b) The ARC shall investigate the application, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.

(c) The ARC may recommend that the Board, subject to a passing score on the Wyoming jurisprudence exam as provided in Chapter 2, § 3(e) of the Board's rules if applicable:

(i) Issue, renew, relicense, or reinstate a license;

(ii) Issue, renew, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

(i) If the ARC intends to recommend that the Board deny an application or issue a license subject to other disciplinary action or restrictions, the ARC shall notify the applicant of its recommendation.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that the ARC alleges warrant denying the license or issuing the license subject to disciplinary action;

(B) Citations to the applicable statutory provisions or Board rules that the ARC alleges the applicant violated; and

(C) Notice that an applicant may request a hearing before the Board in writing within thirty (30) days from the date of mailing.

(e) The applicant shall have thirty (30) days from the date the ARC mailed the Notice of Intent to respond. The applicant may:

(i) Request that the Board hold a hearing on the ARC's recommendation;

(ii) Request that the Board table consideration of the application; or

(iii) Withdraw the application.

(f) If an applicant fails to timely respond to the Notice of Intent, the Board may accept the ARC's recommendation.

(g) There shall be a presumption of lawful service of any communication required by these rules if sent by U.S. mail to the address stated on the application or, if applicable, an updated address later provided by the applicant.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.12.05042026 § 3 Hearing Procedure

(a) Upon receiving a written request for a hearing from an applicant, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing on the applicant at least 30 days before the hearing. The Notice of Hearing shall contain:

(i) A brief statement of the matters asserted, including:

(A) The ARC's recommendation;

(B) The facts upon which the recommendation is based; and

(C) The statutory provisions or Board rules the applicant is alleged to have violated or failed to meet to qualify for licensure.

(ii) The time, place, and nature of the hearing;

(iii) The legal authority and jurisdiction of the Board; and

(iv) Notice of the burden and standard of proof.

(b) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1 of the Board's rules.

(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure.

(d) The Board may resolve an application matter by:

(i) Adopting the ARC's recommendation without a hearing if the applicant did not request a hearing;

(ii) Resolving a dispositive motion in either party's favor;

(iii) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(C) Deny a license, renewal, reactivation, or reinstatement;

(e) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the applicant and the applicant's attorney or representative, if any.

(i) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(ii) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

12-1

History

• Effective 2026-05-04

Chapter 13 Practice and Procedures for Discipline Matters

Wyo. Code R. 035.0001.13.05042026 § 1 Authority

. These rules and regulations are promulgated by the Wyoming Board of Funeral Service Practitioners pursuant to its authority under the Funeral Service Practitioners Act, Wyoming Statute 33-16-501 through 33-16-537.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.13.05042026 § 2 Practice and Procedures for Discipline Matters

The Board may take disciplinary action for the following:

(a) Licensee willfully violating the Board's practice act or rules;

(b) Failure to timely and properly apply for license renewal;

(c) Failure to meet any applicable continuing education requirements that are required before a license expires;

(d) Unprofessional, or dishonorable conduct, which is:

(i) Harassment, intimidation, or abuse, sexual or otherwise, of a customer, co-worker, or employee;

(ii) Practicing outside the areas of professional competence as established by the licensee's education, training, and experience;

(iii) Gross negligence in funeral service practice;

(iv) Exercising undue influence to exploit a customer, co-worker, or employee for financial or other advantage to the funeral service practitioner or a third party;

(v) The suspension or revocation by another jurisdiction of a license to practice funeral service. A certified copy of the order of suspension or revocation shall be conclusive evidence of suspension or revocation;

(vi) Refusal to appear before the Board after having been ordered to do so in writing by the Executive Director or Board President;

(vii) Knowing false statements on an application or other formal document or record submitted to the Board;

(viii) Failure to meet the requirements for Wyoming licensure; or

(ix) Conviction of any crime or offense that reflects the inability of the funeral service practitioner to practice funeral service with due regard for the health and safety of the public.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.13.05042026 § 3 Complaint Review and Disciplinary Investigation

(a) Complaints that a licensee has violated the Board's practice act or the Board's rules shall be submitted to the Board's office. Board staff may initiate complaints.

(b) After receiving a complaint or initiating a complaint, Board staff shall assign the complaint to an Investigation Committee (IC) for investigation.

(c) After reviewing and investigating the complaint, the IC may recommend that the Board:

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including:

(A) Revocation;

(B) Suspension,

(C) Impose license restrictions; and

(D) Impose a civil penalty and fees. Fees shall not exceed the Board's actual costs and expenses for investigating, prosecuting, and reasonable attorney fees in disposing of the disciplinary matter. The total amount imposed on a licensee for a civil penalty and fees shall not exceed two thousand dollars ($2,000) for each violation of the Board's practice act or rules.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.13.05042026 § 4 Summary Suspension

(a) An IC may recommend that the Board summarily suspend a license at any time when the IC or Board staff believes that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:

(i) A copy of the complaint, if any;

(ii) A description of the grounds for the summary suspension recommendation; and

(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.

(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.

(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.

(e) Hearing Format.

(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.

(ii) The IC shall present information that demonstrates probable cause that the allegations are true.

(iii) The IC shall explain why the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.

(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.

(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.

(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.

(j) Post-Deprivation Hearing.

(i) A licensee may request a post-deprivation hearing within ten days from the date the summary suspension order is entered.

(ii) If a licensee requests a post-deprivation hearing, the Board shall conduct it within thirty (30) days of the licensee's request and notify the licensee of the date, time, and location of the hearing.

(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

(k) Unless earlier terminated by the Board or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse 180 days after the written order granting summary suspension is entered under subsection (h) of this section.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.13.05042026 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(a) A licensee may petition the Board, in writing, to voluntarily surrender a license in lieu of discipline.

(i) The IC shall recommend that the Board approve or deny the petition.

(ii) The Board may approve or deny the petition.

(b) If Board staff has reason to believe that a license has been issued despite an applicant not meeting licensure requirements and:

(i) If Board Staff has issued the license and the Board has not ratified its issuance, the license shall be rescinded and the matter shall be referred to an ARC.

(ii) If Board Staff has issued the license and the Board has ratified its issuance, or the Board has directly issued the license, the matter shall be referred to an IC.

(A) The IC may petition the Board to revoke the license or impose practice restrictions according to the procedures outlined in Section 6 of this chapter and may seek summary suspension.

(B) A revocation solely for the reasons specified this subsection shall not be considered license discipline. Nothing in this paragraph prohibits discipline or application denial for a licensee's conduct.

(C) A licensee may surrender the license at issue, without Board approval, in lieu of a hearing before the Board.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.13.05042026 § 6 Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.

(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:

(i) Include a brief description of the facts or conduct that warrant the intended action;

(ii) Include a description of the nature of the discipline the IC intends to seek; and

(iii) Provide the Licensee no less than 30 days to show that the licensee has complied with all lawful license requirements.

(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.

(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.

(e) A licensee shall respond to a Petition within (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment.

(f) When a petition for disciplinary action is filed, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the applicant at least 30 days before the hearing. The notice of hearing shall contain:

(i) The legal authority for the Petition and statement of the Board's jurisdiction;

(ii) The facts justifying the disciplinary action sought;

(iii) The statutory provisions or Board rules the licensee is alleged to have violated;

(iv) The time, place, and nature of the hearing; and

(v) Notice of the burden and standard of proof.

(g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Board may enter default against the licensee. In entering default, the Board may:

(i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing;

(ii) Order that the licensee may not present evidence on some or all issues in the matter; or

(iii) Any other relief the Board determines is just.

(h) The Board may set aside an entry of default for good cause.

(i) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1 of the Board's rules.

(j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Board's practice act or the Board's rules.

(k) The Board may resolve a discipline matter by:

(i) Resolving a dispositive motion in either party's favor;

(ii) Accepting a settlement agreed on by both parties;

(iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter;

(iv) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may, as applicable:

(A) Find no violation of the Board's practice act or rules and therefore impose no discipline on the licensee;

(B) Find that the licensee has violated the Board's practice act or rules and impose the following discipline:

(I) Revocation;

(II) Suspension;

(III) Refusal to renew;

(IV) Probation, including license or practice restrictions; or

(V) Impose a civil penalty and fees. Fees shall not exceed the Board's actual costs and expenses for investigating, prosecuting, and reasonable attorney fees in disposing of the disciplinary matter. The total amount imposed on a licensee for a civil penalty and fees shall not exceed two thousand dollars ($2,000) for each violation of the Board's practice act or rules.

(l) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any.

(m) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(n) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2026-05-04

Wyo. Code R. 035.0001.13.05042026 § 7 Petition for Modifying Conditions or Restrictions

(a) A licensee may petition the Board to modify any conditions or restrictions on his or her license. The licensee shall submit a written petition for modification to the Board office. The petition for modification shall include evidence demonstrating:

(i) Compliance with all previously entered Board orders;

(ii) That the modification is consistent with any treatment plan or medical orders, if applicable; and

(iii) That the modification will ensure the public is adequately protected.

(b) The IC assigned the matter shall review the petition and shall recommend that the Board either grant or deny the petition within 30 days of the Board office receiving the petition.

(c) Board Consideration.

(i) The Board shall consider the petition and the IC's recommendation at its earliest convenience.

(ii) The Board may approve or deny the petition for modification.

History

• Effective 2026-05-04