(1) Subject to section 24-5-101, a licensee or an applicant for a license under this part 5 has a disqualifying criminal history if the licensee or applicant has been convicted of, plead guilty to, plead nolo contendere to, or received a deferred sentence for: (a) A felony committed in the course of and related to practicing as, interning as, or having a workplace learning experience as a funeral director, a mortuary science practitioner, an embalmer, a cremationist, or a natural reductionist; (b) A felony committed in the course of and related to being an employee of or being an agent of a funeral establishment registered in accordance with section 12-135-110 or of a crematory registered in accordance with section 12-135-303; (c) A violation of section 18-13-101; (d) A felony listed in article 4 or 5 of title 18; or (e) A violation of a statute of another state if the violation is substantially similar to a violation listed in subsection (1)(a), (1)(b), (1)(c), (1)(d), or (2) of this section. (2) The director may promulgate rules to categorize a violation of any of the following as disqualifying criminal history under this part 5: (a) Article 140 of this title 12; (b) Article 15 of title 10; or (c) Title 6.
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