|The statutes, Neb. Rev. Stat. § 38-178, of the Uniform Credentialing Act, provide several grounds by which the Department may deny, refuse renewal of, limit, suspend, or revoke licenses; one of which is: |
Probationary or Limited License: The Department of Health and Human Services Licensure Unit, may issue an initial license on probation (with terms and conditions) or limitation based on these same grounds for discipline.
Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction and which, if committed within this state, would have constituted a misdemeanor or felony under state law and which has a rational connection with the applicant's, or licensee's fitness or capacity to practice the profession.
A complete listing of grounds for denial or discipline can be found in Neb. Rev. Stat. § 38-178 of the Uniform Credentialing Act.
In addition to the acts or offenses specified in Neb. Rev. Stat. §§38-178 and 38-179, of the Uniform Credentialing Act, the Department of Health and Human Services Division of Public Health, Licensure Unit, may deny, refuse renewal of, revoke, limit, suspend, or take other disciplinary measures against a license or an application for a license to practice funeral directing and embalming if the applicant or licensee is found guilty of any of or the following acts or offenses: (a) Solicitation of dead human bodies by the licensee or his or her agents, assistants, or employees, either prior to or following death; (b) the purchasing of funeral or embalming engagements or the payment of a commission either directly or indirectly or offer of payment of such commission to any agent, assistant, or employee for the purpose of securing business; (c) using indecent, profane, or obscene language in the presence of a dead human body or within the immediate presence or hearing of the family, relatives, or friends of the deceased prior to the burial of the deceased; (d) soliciting or accepting any remuneration, commission, bonus, or rebate in consideration of the recommending or causing a dead human body to be placed in any crematory, mausoleum, or cemetery; (e) using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the shipment, burial, or other disposition of a dead human body without first identifying such item as used; (f) violations of any state law, municipal ordinance, or rule or regulation of the department or other body having regulatory powers, relating to the handling, custody, care, or transportation of dead human bodies; (g) refusal to surrender promptly the custody of a dead human body upon request of a person or persons lawfully entitled to the custody thereof; or (h) taking undue advantage of a patron or patrons, or being found guilty of fraud, or misrepresentation in the selling of merchandise or service to patrons.
(2) An applicant or a licensee shall be subject to the penalty provisions of this section if found guilty of any of the following: (a) Paying, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business; (b) the buying of a business of any person, firm, or corporation, or the paying of a commission to any person, firm, or corporation or to any hospital or any institution where death occurs or to any hospital superintendent, nurse, intern, or other employee, whether directly or indirectly; or (c) willful malpractice. Any funeral director and embalmer who commits any of the acts or things prohibited by this section or otherwise violates any of the provisions thereof shall be guilty of a Class II misdemeanor.
(3) Nothing in this section shall be construed to prohibit a licensed funeral director and embalmer from engaging in sales of funeral goods or services under the Statutes Relating to Burial Pre-Need Sale Act (Neb. Rev. Stat. §§12-1101 thru 1121).