2006 Nebraska Revised Statutes - § 71-1301 — Terms, defined.

Section 71-1301
Terms, defined.

For purposes of sections 71-1301 to 71-1306 and 71-1326 to 71-1354, unless the context otherwise requires:

(1) Accredited school of mortuary science means a school of the same type as those rated Class A by the Conference of Funeral Service Examining Boards of the United States, Inc., approved by the department upon recommendation of the board;

(2) Apprentice means a person registered with the department as an apprentice who is completing a twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska. The licensed funeral director and embalmer is responsible for all funeral assists and embalmings completed by the apprentice;

(3) Board means the Board of Funeral Directing and Embalming;

(4) Branch establishment means a place of business situated at a specific street address or location which is a subsidiary of a licensed funeral establishment, which contains a casket display room, a viewing area, or an area for conducting funeral services, or all of them, and where any portion of the funeral service or arrangements for the disposition of a dead human body is conducted;

(5) Casket means a receptacle for a dead human body and does not include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets;

(6) Crematory authority means the legal entity subject to licensure by the department to maintain and operate a crematory and perform cremation;

(7) Department means the Department of Health and Human Services Regulation and Licensure;

(8) Embalming means the practice of preparing a dead human body for burial or other final disposal by a licensed funeral director and embalmer or an apprentice, requesting and obtaining burial or removal permits, or assuming any of the other duties incident to the practice of embalming. Any person who publicly professes to be a funeral director and embalmer or an apprentice is deemed to be practicing embalming. The performance of the following acts is also deemed to be the practice of embalming: (a) The disinfection and preservation of dead human beings, entire or in part; and (b) the attempted disinfection and preservation thereof by the use or application of chemical substances, fluids, or gases ordinarily used, prepared, or intended for such purposes, either by outward application of such chemical substances, fluids, or gases on the body or by introducing them into the body, by vascular or hypodermic injection, or by direct introduction into the organs or cavities;

(9) Funeral directing means (a) counseling families or next of kin in regard to the conduct of a funeral service for a dead human body for burial, disposition, or cremation or directing or supervising burial, disposition, or cremation of dead human bodies, (b) providing for or maintaining a funeral establishment, or (c) the act of representing oneself as or using in connection with one's name the title of funeral director, mortician, or any other title implying that he or she is engaged in the business of funeral directing;

(10) Funeral establishment means a place of business situated at a specific street address or location devoted to the care and preparation of dead human bodies for burial, disposition, or cremation or to conducting or arranging funeral services for dead human bodies;

(11) Licensee means a person licensed by the department as a funeral director and embalmer on or after January 1, 1994, or a person licensed as a funeral director or embalmer prior to January 1, 1994;

(12) Licensure examination means a national standardized examination, the state jurisprudence examination, and the vital statistic forms examination; and

(13) Supervision means the direct oversight or the easy availability of the supervising funeral director and embalmer. The first twenty-five funeral assists and embalmings shall be completed under direct onsite supervision of the supervising funeral director and embalmer.

Source:

Laws 1927, c. 167, § 92, p. 479

C.S.1929, § 71-1301

Laws 1931, c. 123, § 1, p. 355

C.S.Supp.,1941, § 71-1301

R.S.1943, § 71-194

Laws 1957, c. 293, § 1, p. 1052

R.S.1943, (1990), § 71-194

Laws 1993, LB 187, § 13

Laws 1996, LB 1044, § 557

Laws 1999, LB 828, § 152

Laws 2003, LB 95, § 35

~Reissue Revised Statutes of Nebraska