House Bill 419 — Board of morticians, licensing

House Bill 419 — Board of morticians, licensing

by
Parrish Miller
February 9, 2020
Parrish Miller
February 9, 2020

Bill description: HB 419 makes changes to Idaho's mortician licensing statute including reducing required training hours.

Rating: +1

Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?

HB 419 reduces the number of education hours needed  for an individual to qualify for a mortician license or funeral director license. The requirement would drop from 60 semester hours or 90 quarter-hours of instruction to 45 and 68, respectively.

(+1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

HB 419 removes crimes "involving moral turpitude" as grounds for denying, suspending or revoking a mortician license or funeral director license. It replaces that language with  "a crime that reflects upon the qualifications, functions, or duties of the respective licensee." While "reflects upon" still leaves some ambiguity in the law, it is less ambiguous than the "moral turpitude" standard. HB 419 also removes the subjective requirement that an applicant for a mortician license or funeral director license must be "of good moral character." Unfortunately, HB 419 leaves "gross immorality" as grounds for denying, suspending or revoking a mortician license or funeral director license. More work is required to fully remove the subjectivity from this law.

(+1)

HB 419 adds "failing an inspection conducted by the board or the board's agent" as grounds for denying, suspending or revoking a mortician license or funeral director license.

(-1)

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